Rule2023-22054
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; 2023 Recreational Harvest Closure for Gag
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 4, 2023
Effective
October 19, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure (AM) for the recreational harvest of gag in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2023 fishing year. NMFS has projected that the 2023 recreational annual catch limit (ACL) for gag will be reached by October 19, 2023. Therefore, NMFS closes the recreational sector for gag to protect the gag resource.
Full Text
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<title>Federal Register, Volume 88 Issue 191 (Wednesday, October 4, 2023)</title>
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[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68495-68496]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22054]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230427-0115; RTID 0648-XD439]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; 2023 Recreational Harvest
Closure for Gag
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements an accountability measure (AM) for the
recreational harvest of gag in the exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf) for the 2023 fishing year. NMFS has projected
that the 2023 recreational annual catch limit (ACL) for gag will be
reached by October 19, 2023. Therefore, NMFS closes the recreational
sector for gag to protect the gag resource.
DATES: This temporary rule is effective from 12:01 a.m. local time on
October 19, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-551-5719, email: <a href="/cdn-cgi/l/email-protection#3054515e59555c1e5c45554243705e5f51511e575f46"><span class="__cf_email__" data-cfemail="e480858a8d8188ca8891819697a48a8b8585ca838b92">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery and
gag under the Fishery Management Plan for the Reef Fish Resources of
the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented by NMFS under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) through regulations at 50 CFR
part 622. All weights described in this temporary rule are in gutted
weight.
On May 3, 2023, NMFS implemented a final temporary rule for gag in
the Gulf EEZ (88 FR 27701, May 3, 2023). That 2023 temporary rule
resulted from a 2021 gag stock assessment and determination that the
stock is overfished and is undergoing overfishing, and a subsequent
request from the Council for NMFS to implement interim measures gag
during the 2023 fishing year. The purpose of the requested interim
measures and the 2023 temporary rule was to reduce overfishing of gag
while long-term management measures are developed in Amendment 56 to
the FMP. The
[[Page 68496]]
effective period of the 2023 temporary rule is 180 days and would end
after October 29, 2023. However, NMFS intends to extend the interim
measures for an additional 186 days.
The interim measures reduced commercial and recreational catch
limits for gag and revised the opening of the recreational season from
June 1, 2023, to September 1, 2023. Under the interim measures, gag has
a recreational ACL of 403,759 lb (183,142 kg) and a recreational annual
catch target (ACT) of 362,374 lb (164,370 kg). The 2023 recreational
season for gag was scheduled to be open through November 9, unless NMFS
projected that the recreational ACL will be reached sooner and closes
the recreational sector as required by the AMs specified in 50 CFR
622.41(r)(2).
NMFS projects that recreational landings of gag from the Gulf EEZ
will reach the recreational ACL on October 19, 2023. Accordingly, this
temporary rule closes the recreational harvest of gag in or from the
Gulf EEZ from October 19 through the end of the fishing year, December
31, 2023.
During the recreational closure, the bag and possession limits of
gag in or from the Gulf EEZ are zero. The prohibition on possession of
gag also applies in state waters of the Gulf for any vessel issued a
valid Federal charter vessel/headboat permit for Gulf reef fish.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(r)(2)(i), which
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and
is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the regulations associated with the
closure of recreational harvest of gag at 50 CFR 622.41(r)(2)(i) have
already been subject to notice and public comment, and all that remains
is to notify the public of the closure. Prior notice and opportunity
for public comment are contrary to the public interest, because there
is a need to immediately implement this action to protect the gag
stock. Prior notice and opportunity for public comment would require
time and could result in a harvest well in excess of the established
ACL. In addition, many charter vessel and headboat businesses reserve
trips for clients in advance and require as much notice as NMFS is able
to provide to adjust their business plans to account for changes to the
recreational fishing season.
For the reasons just stated, there is also good cause to waive the
30-day delay in the effectiveness of this action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: September 29, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-22054 Filed 9-29-23; 4:15 pm]
BILLING CODE 3510-22-P
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