Rule2023-22263
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Temporary Measures To Reduce Overfishing of Gag
Primary source
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Published
October 6, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this temporary rule to extend the expiration date of interim measures to reduce overfishing of gag in Federal waters of the Gulf of Mexico. This temporary rule extends the commercial and recreational harvest levels and the revised recreational fishing season for gag for an additional 186 days. The purpose of this temporary rule extension is to reduce overfishing of gag while NMFS implements management measures to end overfishing of gag on a permanent basis.
Full Text
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<title>Federal Register, Volume 88 Issue 193 (Friday, October 6, 2023)</title>
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[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Rules and Regulations]
[Pages 69553-69554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22263]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230427-0115]
RIN 0648-BL89
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Temporary Measures To Reduce
Overfishing of Gag
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures extended.
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SUMMARY: NMFS issues this temporary rule to extend the expiration date
of interim measures to reduce overfishing of gag in Federal waters of
the Gulf of Mexico. This temporary rule extends the commercial and
recreational harvest levels and the revised recreational fishing season
for gag for an additional 186 days. The purpose of this temporary rule
extension is to reduce overfishing of gag while NMFS implements
management measures to end overfishing of gag on a permanent basis.
DATES: As of October 6, 2023, the expiration date for the final
temporary rule published at 88 FR 27701 on May 3, 2023, is extended
from October 30, 2023, through May 2, 2024, unless NMFS publishes a
superseding document in the Federal Register.
ADDRESSES: An electronic copy of the environmental assessment (EA)
supporting these temporary measures may be obtained from the Southeast
Regional Office website at <a href="https://www.fisheries.noaa.gov/action/interim-action-reduce-overfishing-gag-gulf-mexico">https://www.fisheries.noaa.gov/action/interim-action-reduce-overfishing-gag-gulf-mexico</a>. The EA includes a
regulatory impact review and a Regulatory Flexibility Act (RFA)
analysis.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: <a href="/cdn-cgi/l/email-protection#f79396999e929bd99b82928584b799989696d9909881"><span class="__cf_email__" data-cfemail="badedbd4d3dfd694d6cfdfc8c9fad4d5dbdb94ddd5cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the Gulf of Mexico
(Gulf) is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf (FMP) and includes gag and other federally
managed reef fish species. The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented by NMFS through
regulations at 50 CFR part 622 under authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
All weights described in this temporary rule are in gutted weight.
On May 3, 2023, NMFS published the final temporary rule for interim
measures to reduce overfishing of gag in Gulf Federal waters (88 FR
27701). The final temporary rule reduced the total annual catch limit
(ACL) for gag to 661,901 lb (300,233 kg). In addition, the final
temporary rule specified the commercial and recreational ACLs,
commercial quota, and recreational annual catch target (ACT) using the
existing sector allocations of the total ACL of 39 percent commercial
and 61 percent recreational. Therefore, during the effectiveness of the
final temporary rule and this temporary rule extension, the commercial
ACL and commercial quota are 258,000 lb (117,027 kg) and 199,000 lb
(90,265 kg), respectively. The recreational ACL and ACT are 403,759 lb
(183,142 kg) and 362,374 lb (164,370 kg), respectively.
In addition to the reduced catch limits for gag, the final
temporary rule changed the gag recreational fishing season for the 2023
fishing year. This temporary rule extension continues the same
recreational fishing season of September 1 through November 9, 2023,
unless NMFS projects that recreational landings of gag will reach the
recreational ACL sooner than November 9, 2023, and will close the
recreational sector as required by the accountability measures
specified in 50 CFR 622.41(r)(2).
This temporary rule extension continues the measures in the final
temporary rule unchanged for an additional 186 days, unless this
temporary rule extension is superseded by subsequent rulemaking. The
purpose of these interim measures is to reduce the overfishing of gag
in Gulf Federal waters while NMFS implements long-term management
measures to end overfishing and rebuild the Gulf gag stock.
Amendment 56 was approved by the Council at the June 2023 meeting
and includes management measures to end overfishing of gag on a long-
term basis. NMFS is currently reviewing Amendment 56 and developing the
proposed rule for Amendment 56 and, if approved, expects to implement a
final rule before the expiration of the interim measures in this
temporary rule extension in the 2024 fishing year.
[[Page 69554]]
Section 305(c)(2) of the Magnuson-Stevens Act provides the Council
the authority to request interim measures, if necessary, to reduce
overfishing. The Council sent a letter to NMFS, dated June 18, 2022,
requesting that NMFS implement interim measures to immediately reduce
overfishing of gag while long-term management measures were developed
to end overfishing of gag. Section 305(c)(3)(B) of the Magnuson-Stevens
Act allows for interim measures to be extended for one additional
period of 186 days provided that the public has had an opportunity to
comment on the interim measures and that the Council is actively
preparing an FMP amendment to address the overfishing on a permanent
basis. NMFS published in the Federal Register a proposed temporary rule
on February 3, 2023, and requested public comments on these interim
measures (88 FR 7388). NMFS responded to public comments in the final
temporary rule that was published in the Federal Register on May 3,
2023 (88 FR 27701).
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The NMFS Assistant Administrator has
determined that this temporary rule extension is consistent with the
Magnuson-Stevens Act and other applicable law.
This temporary rule extension has been determined to be not
significant for purposes of Executive Order 12866.
This temporary rule extension is exempt from the procedures of the
RFA, because this temporary rule extension is issued without the
opportunity for prior notice and public comment.
NMFS prepared an EA for the interim measures contained in the
January 2, 2018, final temporary rule (83 FR 65). The EA analyzed the
impacts of reduced commercial and recreational harvest and the change
to the 2023 recreational season through the 2023 fishing year, which
includes the impacts related to extending the interim measures. If
additional management measures are not implemented after the extension
expires, the recreational season would open on June 1, 2024, and the
commercial and recreational catch limits would increase to the levels
in place prior to the final temporary rule. Impacts during the 2024
fishing year would be a result of the implementation of the management
measures included in Amendment 56, which are considered in the EA
supporting that amendment. Therefore, the impacts of extending the
interim measures through this temporary rule have already been
considered. An electronic copy of the EA supporting the interim
measures is available from NMFS (see the ADDRESSES section).
This temporary rule extension contains no information collection
requirements under the Paperwork Reduction Act of 1995.
Pursuant to the authority set forth in 5 U.S.C. 553(b)(B), there is
good cause to waive the requirements to provide prior notice and
opportunity for public comment on this action as such procedures for
this temporary rule extension are unnecessary and contrary to the
public interest. Such procedures are unnecessary because NMFS already
published a proposed temporary rule on February 3, 2023, and requested
public comments on these interim measures, including their potential
extension. NMFS responded to public comments in the final temporary
rule published on May 3, 2023. This temporary rule extension continues
the interim measures unchanged for up to an additional 186 days.
Additional notice and opportunity for public comment are contrary
to the public interest because of the need to continue these interim
measures without interruption to protect the gag stock until NMFS can
implement management measures to end overfishing and rebuild the Gulf
gag stock. Prior notice and opportunity for public comment would
require additional time and could result in an interruption of the
interim measures and, therefore, allow harvest in excess of the catch
limits implemented by this temporary rule extension. Increased harvest
of gag would be inconsistent with the purpose of implementing the
interim measures under section 305(c) of the of the Magnuson-Stevens
Act, which is to reduce overfishing while permanent measures can be
developed and implemented.
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.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-22263 Filed 10-5-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 6, 2023.
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