Rule2023-23835
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2023 Commercial Hook-and-Line Closure for Golden Tilefish in the South Atlantic
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 30, 2023
Effective
October 31, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure for the commercial hook-and-line component of golden tilefish in the South Atlantic exclusive economic zone (EEZ). NMFS projects that commercial landings of golden tilefish harvested by hook-and-line are projected to reach the commercial component quota in the 2023 fishing year. Accordingly, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ for the remainder of the 2023 fishing year to protect the golden tilefish resource.
Full Text
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<title>Federal Register, Volume 88 Issue 208 (Monday, October 30, 2023)</title>
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[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Rules and Regulations]
[Pages 74066-74067]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23835]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02; RTID 0648-XD427]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2023 Commercial Hook-and-Line Closure for Golden Tilefish in the South
Atlantic
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 for the commercial
hook-and-line component of golden tilefish in the South Atlantic
exclusive economic zone (EEZ). NMFS projects that commercial landings
of golden tilefish harvested by hook-and-line are projected to reach
the commercial component quota in the 2023 fishing year. Accordingly,
NMFS closes the commercial hook-and-line component for golden tilefish
in the South Atlantic EEZ for the remainder of the 2023 fishing year to
protect the golden tilefish resource.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
October 31, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#056864777c2b73647764456b6a64642b626a73"><span class="__cf_email__" data-cfemail="345955464d1a42554655745a5b55551a535b42">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes golden tilefish and is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The South Atlantic Fishery Management Council and NMFS
prepared the FMP, and the FMP is implemented by NMFS under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All
weights in this temporary rule are given in gutted weight.
The commercial sector for golden tilefish has two components, each
with its own quota: The hook-and-line and longline components (50 CFR
622.190(a)(2)). The commercial annual catch limit (ACL) for golden
tilefish is allocated 25 percent to the hook-and-line component and 75
percent to the longline component. The total commercial ACL (equivalent
to the total commercial quota) for golden tilefish is 331,740 lb
(150,475 kg). The commercial ACL (equivalent to the commercial quota)
for the hook-and-line component is 82,935 lb (37,619 kg).
Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the
commercial hook-and-line component for golden tilefish when its
commercial ACL has been reached, or is projected to be reached, through
a notification filed with the Office of the Federal Register. NMFS
projects that commercial landings of South Atlantic golden tilefish by
the hook-and-line component will reach the ACL by October 31, 2023.
Accordingly, the commercial hook-and-line component of South Atlantic
golden tilefish is closed on October 31, 2023.
For the current fishing year, NMFS has also closed the commercial
longline component on April 7, 2023, and the recreational sector on
July 17, 2023, for golden tilefish through 2023 (88 FR 20079, April 5,
2023; 88 FR 45369, July 17, 2023). Therefore, because the commercial
longline component and recreational sector are already closed, and NMFS
is closing the commercial hook-and-line component through this
temporary rule, all harvest and possession of South Atlantic golden
tilefish in or from the EEZ is prohibited from the effective date of
this temporary rule through the end of 2023.
The operator of a vessel issued a valid Federal commercial vessel
permit for South Atlantic snapper-grouper with golden tilefish on board
harvested by hook-and-line must have landed and bartered, traded, or
sold such golden tilefish prior to 12:01 a.m. eastern time on October
31, 2023. During the closure, the sale or purchase of golden tilefish
harvested from the EEZ is prohibited. The prohibition on sale or
purchase does not apply to the sale or purchase
[[Page 74067]]
of golden tilefish that were harvested by hook-and-line, landed ashore,
and sold before 12:01 a.m. eastern time on October 31, 2023, and were
held in cold storage by a dealer or processor. For a person on board a
vessel for which a Federal commercial or charter vessel/headboat permit
for the South Atlantic snapper-grouper fishery has been issued, the
recreational bag and possession limits and the sale and purchase
prohibitions during the commercial closure for golden tilefish apply
regardless of whether the fish are harvested in state or Federal
waters, as specified in 50 CFR 622.190(c)(1)(ii).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(a)(1), 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
commercial closure of the golden tilefish hook-and-line component have
already been subject to notice and public comment, and all that remains
is to notify the public of the closure. Such procedures are also
contrary to the public interest because of the need to immediately
implement the closure to protect the golden tilefish resource and
minimize the risk of exceeding the commercial ACL. Prior notice and
opportunity for public comment would require time, which would allow
for additional commercial landings, and could therefore result in
exceedance of the sector ACL.
For the reasons stated earlier, the Assistant Administrator also
finds 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: October 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-23835 Filed 10-25-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 30, 2023.
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