Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2023 Red Snapper Private Angling Component Closures in Federal Waters off Texas, 74013-74014 [2022-26303]

Download as PDF lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Rules and Regulations (1) Prohibitions. The following prohibitions that apply to endangered plants also apply to Eugenia woodburyana. Except as provided under paragraph (e)(2) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or cause to be committed, any of the following acts in regard to this species: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession the species from areas under Federal jurisdiction, as set forth at § 17.61(c)(1) for endangered plants. (iii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any law or regulation of the Territory or in the course of any violation of a Territorial criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. (iv) Engage in interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for endangered plants. (v) Sell or offer for sale in interstate or foreign commerce, as set forth at § 17.61(e) for endangered plants. (2) Exceptions from prohibitions. The following exceptions from prohibitions apply to Eugenia woodburyana: (i) The prohibitions described in paragraph (e)(1) of this section do not apply to activities conducted as authorized by a permit issued in accordance with the provisions set forth at § 17.72. (ii) Any employee or agent of the Service or of a State or Territorial conservation agency that is operating a conservation program pursuant to the terms of a cooperative agreement with the Service in accordance with section 6(c) of the Act, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove and reduce to possession from areas under Federal jurisdiction members of Eugenia woodburyana that are covered by an approved cooperative agreement to carry out conservation programs. (iii) Individuals may engage in any act prohibited under paragraph (e)(1) of this section with seeds of cultivated specimens, provided that a statement that the seeds are of ‘‘cultivated origin’’ VerDate Sep<11>2014 16:45 Dec 01, 2022 Jkt 259001 accompanies the seeds or their container. * * * * * Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2022–25706 Filed 12–1–22; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 200124–0029; RTID 0648– XC582] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2023 Red Snapper Private Angling Component Closures in Federal Waters off Texas National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces a closure for the 2023 fishing season for the red snapper 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, 2023, until 12:01 a.m., local time, on June 1, 2023. 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, 2023, until 12:01 a.m., local time, on June 1, 2023. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: Kelli.ODonnell@noaa.gov. 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 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. SUMMARY: PO 00000 Frm 00103 Fmt 4700 Sfmt 4700 74013 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 allocate 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 notice 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°32.1′ N lat., 93°47.7′ W long. to 26°11.4′ N lat., 92°53′ W long., which line is an extension of the boundary between Louisiana and Texas. On November 21, 2022, NMFS received a request from the Texas Parks and Wildlife Department (TPWD) to close the EEZ off Texas to the red snapper private angling component during the 2023 fishing year. Texas requested that the closure be effective from January 1 through May 31, 2023. NMFS has determined that this request is within the scope of 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 E:\FR\FM\02DER1.SGM 02DER1 74014 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Rules and Regulations in the Gulf EEZ off Texas will close at 12:01 a.m., local time, on January 1, 2023, until 12:01 a.m., local time, on June 1, 2023. 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 2023 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 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 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. For the aforementioned reasons, there is good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). lotter on DSK11XQN23PROD with RULES1 Authority: 16 U.S.C. 1801 et seq. Dated: November 29, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–26303 Filed 12–1–22; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:45 Dec 01, 2022 Jkt 259001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 221122–0247] RIN 0648–BL02 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Data Calibrations and Harvest Levels National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues regulations to implement management measures described in two framework actions under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico (Gulf) Fishery Management Council (Council). This final rule modifies the state-specific red snapper private angling components annual catch limits (ACLs) to reflect each state’s monitoring program. In addition, this final rule modifies commercial and recreational sector and recreational component red snapper ACLs and annual catch targets (ACTs) in the Gulf exclusive economic zone (EEZ). The purpose of this final rule is to calibrate Gulf red snapper state private angling component ACLs to reduce the likelihood of overfishing, to increase the Gulf red snapper ACLs and ACTs consistent with the best scientific information available, and to continue to achieve optimum yield (OY) for the stock. DATES: This final rule is effective January 1, 2023. ADDRESSES: Electronic copies of the framework actions, which include environmental assessments, regulatory impact reviews, and Regulatory Flexibility Act (RFA) analyses, may be obtained from the Southeast Regional Office website at https:// www.fisheries.noaa.gov/action/redsnapper-data-calibrations-and-catchlimit-modifications. FOR FURTHER INFORMATION CONTACT: Dan Luers, Southeast Regional Office, NMFS, telephone: 727–824–5305, email: daniel.luers@noaa.gov. SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes red snapper, is managed under the FMP. The FMP was prepared by the Council SUMMARY: PO 00000 Frm 00104 Fmt 4700 Sfmt 4700 and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Steven Act). On June 28, 2022, NMFS published a proposed rule for the framework actions and requested public comment (87 FR 38366). The proposed rule and the framework actions outline the rationale for the actions contained in this final rule. A summary of the management measures described in the framework actions and implemented by this final rule is described below. Unless otherwise noted, all weights in this final rule are in round weight. This final rule implements management measures for both the Gulf of Mexico Red Snapper Recreational Data Calibration and Recreational Catch Limits Framework Action (Calibration Framework) and the Modification of Annual Catch Limits for Gulf of Mexico Red Snapper Framework Action (Catch Limits Framework). Briefly, the Calibration Framework modifies the state-specific red snapper private angling component ACLs using the calibration ratios developed by NMFS’ Office of Science and Technology (OST) and the Gulf states. The Catch Limits Framework increases the red snapper overfishing limit (OFL), acceptable biological catch (ABC), ACLs, and ACTs consistent with the red snapper interim analyses and recommendations from the Council’s Scientific and Statistical Committee (SSC). These two framework actions are combined in this single final rule because both actions adjust the red snapper catch limits. Background The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and to achieve, on a continuing basis, the OY from federally managed fish stocks to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. Red snapper in the Gulf EEZ is harvested by both the commercial and recreational sectors. Each sector has its own ACL and associated management measures. The stock ACL is allocated 51 percent to the commercial sector and 49 percent to the recreational sector. The stock ACL for red snapper is equal to the ABC. The recreational ACL (quota) is divided between the Federal for-hire component (42.3 percent), which includes operators of federally permitted charter vessels and headboats (for-hire vessels), and the private E:\FR\FM\02DER1.SGM 02DER1

Agencies

[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 74013-74014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26303]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200124-0029; RTID 0648-XC582]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2023 Red Snapper Private 
Angling Component Closures 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 2023 fishing season for the 
red snapper 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, 2023, until 12:01 a.m., 
local time, on June 1, 2023. 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, 2023, until 12:01 a.m., local time, on June 1, 2023.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

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 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.
    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 allocate 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 notice 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 21, 2022, NMFS received a request from the Texas Parks 
and Wildlife Department (TPWD) to close the EEZ off Texas to the red 
snapper private angling component during the 2023 fishing year. Texas 
requested that the closure be effective from January 1 through May 31, 
2023. NMFS has determined that this request is within the scope of 
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

[[Page 74014]]

in the Gulf EEZ off Texas will close at 12:01 a.m., local time, on 
January 1, 2023, until 12:01 a.m., local time, on June 1, 2023. 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 2023 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 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 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.
    For the aforementioned reasons, there is 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: November 29, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-26303 Filed 12-1-22; 8:45 am]
BILLING CODE 3510-22-P
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