Rule2023-26187
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2024 Red Snapper Private Angling Component Closure in Federal Waters Off Texas
Primary source
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Published
November 28, 2023
Effective
January 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces a closure for the 2024 fishing season for the red snapper recreational private angling component in the exclusive economic zone (EEZ) off Texas in the Gulf of Mexico (Gulf) through this temporary rule. The red snapper recreational private angling component in the Gulf EEZ off Texas will close on January 1, 2024, until 12:01 a.m., local time, on June 1, 2024. This closure is necessary to prevent the private angling component from exceeding the Texas regional management area annual catch limit (ACL) and to prevent overfishing of the Gulf red snapper resource.
Full Text
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<title>Federal Register, Volume 88 Issue 227 (Tuesday, November 28, 2023)</title>
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[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83041-83042]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26187]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200124-0029; RTID 0648-XD535]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; 2024 Red Snapper Private
Angling Component Closure in Federal Waters Off Texas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS announces a closure for the 2024 fishing season for the
red snapper recreational private angling component in the exclusive
economic zone (EEZ) off Texas in the Gulf of Mexico (Gulf) through this
temporary rule. The red snapper recreational private angling component
in the Gulf EEZ off Texas will close on January 1, 2024, until 12:01
a.m., local time, on June 1, 2024. This closure is necessary to prevent
the private angling component from exceeding the Texas regional
management area annual catch limit (ACL) and to prevent overfishing of
the Gulf red snapper resource.
DATES: This closure is effective at 12:01 a.m., local time, on January
1, 2024, until 12:01 a.m., local time, on June 1, 2024.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#6d290c03040801432118081f1e2d03020c0c430a021b"><span class="__cf_email__" data-cfemail="f1b5909f98949ddfbd84948382b19f9e9090df969e87">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes
red snapper, is managed 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 and is approved by NMFS under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and implemented through
regulations at 50 CFR part 622.
The final rule implementing Amendment 40 to the FMP established two
components within the recreational sector fishing for Gulf red snapper:
the private angling component, and the Federal for-hire component (80
FR 22422, April 22, 2015). Amendment 40 also allocated the red snapper
recreational ACL (recreational quota) between the components and
established separate seasonal closures for the two components. On
February 6, 2020, NMFS implemented Amendments 50 A-F to the FMP, which
delegated authority to the Gulf states (Louisiana, Mississippi,
Alabama, Florida, and Texas) to establish specific management measures
for the harvest of red snapper in Federal waters of the Gulf by the
private angling component of the recreational sector (85 FR 6819,
February 6, 2020). These amendments allocated a portion of the private
angling ACL to each state, and each state is required to constrain
landings to its allocation.
As described at 50 CFR 622.23(c), a Gulf state with an active
delegation may request that NMFS close all, or an area of, Federal
waters off that state to the harvest and possession of red snapper by
private anglers. The state is required to request the closure by letter
to NMFS, providing dates and geographic coordinates for the closure. If
the request is within the scope of the analysis in Amendment 50A, NMFS
publishes a notification in the Federal Register implementing the
closure for the fishing year. Based on the analysis in Amendment 50A,
Texas may request a closure of all Federal waters off the State to
allow a year-round fishing season in state waters. As described at 50
CFR 622.2, ``off Texas'' is defined as the waters in the Gulf west of a
rhumb line from 29[deg]32.1' N lat., 93[deg]47.7' W long. to
26[deg]11.4' N lat., 92[deg]53' W long., which line is an extension of
the boundary between Louisiana and Texas.
On November 8, 2023, NMFS received a request from the Texas Parks
and Wildlife Department (TPWD) to close the EEZ off Texas to the red
snapper recreational private angling component during the 2024 fishing
year. Texas requested that the closure be effective from January 1
through May 31, 2024. NMFS has determined that this request is within
the scope of the analysis contained within Amendment 50A, which
analyzed the potential impacts of a closure of all Federal waters off
Texas, consistent with Texas's intent to maintain a year-round fishing
season in State waters during which a part of Texas' ACL could be
caught.
Therefore, the red snapper recreational private angling component
in the Gulf EEZ off Texas will close at 12:01 a.m., local time, on
January 1, 2024, until 12:01 a.m., local time, on June 1, 2024. This
closure applies to all private-anglers (those on board vessels that
have not been issued a valid charter vessel/headboat permit for Gulf
reef fish) regardless of which state they are from or where they intend
to land. Once the EEZ off Texas opens on June 1, 2023, TPWD will
continue to monitor private recreational landings, and if necessary,
will request that NMFS again close the EEZ in 2024 to ensure the Texas
regional management area ACL is not exceeded.
On and after the effective dates of this closure in the EEZ off
Texas, the harvest and possession of red snapper in the EEZ off Texas
by the private angling component is prohibited and the bag and
possession limits for the red snapper private angling component in the
closed area is zero.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.23(c), which was
issued pursuant to 304(b), and is exempt from review under Executive
Order 12866, and other applicable laws.
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 rule implementing the area
closure authority
[[Page 83042]]
and the state-specific private angling ACLs has already been subject to
notice and comment, and all that remains is to notify the public of the
closure. Such procedures are contrary to the public interest because a
failure to implement the closure immediately would be inconsistent with
Texas's State management plan and may result in less access to red
snapper in State waters.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 22, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-26187 Filed 11-27-23; 8:45 am]
BILLING CODE 3510-22-P
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