Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management Measures, 77526-77528 [2022-27353]

Download as PDF 77526 Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Rules and Regulations 3503, https://www.des.nh.gov/rulesand-regulatory/administrative-rules. (i) New Hampshire Code of Administrative Rules Env-A 3300, ‘‘Municipal Waste Combustion,’’ effective September 27, 2018. (ii) [Reserved] [FR Doc. 2022–27134 Filed 12–16–22; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 22–118; RM–11924; DA 22– 1234; FR ID 118038] Television Broadcasting Services Helena, Montana Federal Communications Commission. ACTION: Final rule. AGENCY: On March 10, 2022, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by Scripps Broadcasting Holdings LLC (Petitioner), the licensee of KTVH–DT (Station), channel 12, Helena, Montana, requesting the substitution of channel 31 for channel 12 at Helena in the Table of TV Allotments. For the reasons set forth in the Report and Order referenced below, the Bureau amends FCC regulations to substitute channel 31 for channel 12 at Helena. DATES: Effective December 16, 2022. FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at (202) 418–1647 or JoyceBernstein@fcc.gov. SUPPLEMENTARY INFORMATION: The proposed rule was published at 87 FR 16159 on March 22, 2022. The Petitioner filed comments in support of the petition reaffirming its commitment to apply for channel 31. No other comments were filed. The Report and Order substitutes channel 31 for channel 12 at Helena, Montana. According to the Petitioner, it has received many complaints from viewers unable to receive a reliable signal on VHF channel 12, and the Commission has recognized that VHF channels have certain characteristics that pose challenges for their use in providing digital television service. The Engineering Statement provided with the Petition confirmed that the proposed channel 31 contour would continue to reach virtually all of the population within the Station’s current service area and fully cover the city of Helena. An analysis using the Commission’s tkelley on DSK125TN23PROD with RULES SUMMARY: VerDate Sep<11>2014 17:05 Dec 16, 2022 Jkt 259001 TVStudy software tool indicates that KTVH–DT’s move from channel 12 to channel 31 is predicted to create an area where 2,168 persons are predicted to lose service. The loss area, however, is partially overlapped by the noise limited contour of other NBC affiliated stations and reduces the number of people who are predicted to lose NBC network service to 226 persons. Once those other sources of NBC programming are factored into the loss analysis, the new loss area that would be created by the proposed channel substitution would contain only 226 persons, which is a level of service loss the Commission considers to be de minimis. Concurrence from the Canadian government was required and has been obtained. This is a synopsis of the Commission’s Report and Order, MB Docket No. 22–118; RM–11924; DA 22– 1234, adopted November 29, 2022, and released November 29, 2022. The full text of this document is available for download at https://www.fcc.gov/edocs. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (tty). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601– 612, do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Television. Federal Communications Commission. Thomas Horan, Chief of Staff, Media Bureau. Final Rule For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 PART 73—RADIO BROADCAST SERVICE 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339. 2. In § 73.622(j), amend the Table of Allotments, under Montana, by revising the entry for Helena to read as follows: ■ § 73.622 Digital television table of allotments. * * (j) *** * * * Community * * Channel No. * * * Montana * * * Helena .................................. * * * * * 29, 31 * * [FR Doc. 2022–27260 Filed 12–16–22; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 220720–0159] RIN 0648–BL63 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; emergency action extended. AGENCY: NMFS issues this temporary rule to extend the expiration date of emergency measures implemented for the greater amberjack stock in the Gulf of Mexico (Gulf). As requested by the Gulf of Mexico Fishery Management Council (Council), NMFS published a temporary rule for emergency action on July 25, 2022, to modify the greater amberjack recreational fixed closed season for the 2022–2023 fishing year in the Gulf exclusive economic zone (EEZ) to be August 1 through 31, 2022, and November 1, 2022, through July 31, 2023 (open September 1, 2022, through SUMMARY: E:\FR\FM\19DER1.SGM 19DER1 Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Rules and Regulations tkelley on DSK125TN23PROD with RULES October 31, 2022). The purpose of this rulemaking is to extend the measures implemented in the emergency action while the Council develops long term management measures to reduce overfishing of Gulf greater amberjack. DATES: The expiration date for the temporary rule published at 87 FR 44027, July 25, 2022 is extended from January 23, 2023, through July 28, 2023, unless NMFS publishes a superseding document in the Federal Register. ADDRESSES: Electronic copies of the documents in support of this temporary rule may be obtained from the NMFS Southeast Regional Office website at: https://www.fisheries.noaa.gov/action/ emergency-action-modification-greateramberjack-recreational-fixed-closedseason. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, telephone: 727–824– 5305 or email: Kelli.ODonnell@ noaa.gov. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Magnuson-Stevens Act provides the legal authority for the promulgation of emergency regulations under section 305(c) (16 U.S.C. 1855(c)). Background The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve, on a continuing basis, the optimum yield (OY) from federally managed fish stocks. These mandates are intended to ensure 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. To further this goal, the Magnuson-Stevens Act requires fishery managers to end overfishing and rebuild overfished stocks. At its June 2022 meeting, in accordance with Section 305(c)(3) of the Magnuson-Stevens Act, the Council requested NMFS promulgate an emergency regulation to protect the greater amberjack resource, due to recently discovered circumstances which present serious conservation issues to the stock. NMFS promulgated that rule in July 2022, effective through January 23, 2023, and is now extending the effective date for an additional 186 days (87 FR 44027, July 25, 2022). VerDate Sep<11>2014 17:05 Dec 16, 2022 Jkt 259001 All weights provided in this temporary rule, unless otherwise noted, are given in round weight. Current Status of Greater Amberjack Stock and Council Emergency Action Request Greater amberjack has been under a rebuilding plan since 2003. In October 2020, a Southeast Data, Assessment, and Review (SEDAR) assessment (SEDAR 70) was completed and showed that the greater amberjack stock is still overfished and has been undergoing overfishing almost continuously since 1980. NMFS informed the Council of these determinations in a letter dated April 7, 2021. The Magnuson-Stevens Act specifies that the Council must prepare and implement measures to end overfishing and rebuild the stock within 2 years of this notification. At its October 2022 meeting, the Council approved Amendment 54 to the FMP, which would significantly reduce the greater amberjack catch limits consistent with the results of SEDAR 70 and the recommendation of the Council’s Scientific and Statistical Committee (SSC). The Council’s SSC reviewed the SEDAR 70 results at its January 2021 meeting, accepted the assessment as the best scientific information available, and agreed that greater amberjack was still overfished and undergoing overfishing. The SSC provided recommendations for a reduced overfishing limit (OFL) and acceptable biological catch (ABC) so that the stock could rebuild by 2027, the current target rebuilding time. The Council discussed the SSC’s recommendations at its January 2021 meeting and instructed staff to begin work on an FMP amendment (Amendment 54) to update the rebuilding plan and end overfishing of greater amberjack. The SSC provided updated catch level recommendations in November 2021. When the Council reviewed more detailed alternative catch level projections in April 2022, it became clear that because the recreational fishing year occurs over 2 calendar years and the reduced catch levels in Amendment 54 would not be implemented until the later part of the fishing year, more immediate action might be necessary to constrain recreational harvest while the Council works to finalize the new catch limits. Therefore, in June 2022, the Council reviewed options to modify the recreational fixed closed season to help constrain harvest to the reduced catch levels under consideration in Amendment 54. PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 77527 At that time, recreational harvest of greater amberjack was closed from November through April and June through July. This means that harvest was allowed during the months of August through October, and the month of May. The Council requested that NMFS modify the fixed closed season for the 2022–2023 fishing year so that harvest is allowed only during the months of September and October in 2022. NMFS received the Council request in a letter dated July 5, 2022, and implemented the emergency regulation on July 25, 2022, consistent with the Council request (87 FR 44027, July 25, 2022). That rule is currently effective through January 23, 2023. NMFS is extending the effective date of that rule to prohibit harvest in May 2023 as requested by the Council and to allow NMFS sufficient time to review, and if approved, implement Amendment 54. Comments and Responses Section 305(c)(3)(B) of the MagnusonStevens Act allows NMFS to extend the effective date of an emergency regulation if the public is provided the opportunity to comment on the emergency regulation and the Council is actively preparing a plan amendment to address the emergency on a permanent basis. NMFS solicited public comment in the July 25, 2022, temporary rule, noting that the rule could be extended for an additional 186 days. NMFS received five comments on the temporary rule for emergency action for Gulf greater amberjack. In general, the comments were opposed to the change to the recreational fishing season implemented in the temporary rule and stated other measures could be taken or that no action was necessary. Some comments suggested changes to management measures that are outside the scope of the temporary rule, such as implementing a tag program for nonresidents, and are therefore not addressed further. Specific comments related to the emergency action are grouped by topic and summarized below, followed by NMFS’ respective responses. Comment 1: The data used to project greater amberjack recreational landings are flawed. Response: NMFS used the best scientific information available to project when Gulf greater amberjack landings would reach the reduced recreational catch limits under consideration in Amendment 54. NMFS determined that recreational landings in recent years would be the best predictor of future landings. Therefore, NMFS used recreational landings data for the 2019–2020, 2020–2021, and 2021–2022 E:\FR\FM\19DER1.SGM 19DER1 77528 Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Rules and Regulations tkelley on DSK125TN23PROD with RULES fishing years that were generated by the Marine Recreational Information Program, the Texas Parks and Wildlife Department Creel Survey, the Louisiana Creel survey, and the NMFS Headboat Survey. The NMFS Southeast Fisheries Science Center and Southeast Regional Office reviewed these data and made applicable adjustments to recreational landings projections consistent with established protocols. To predict recreational landings in August, September, and October of 2022, NMFS used a 3-year average of monthly landings from 2019, 2020, and 2021. To predict recreational landings for May of 2023, NMFS used a 2-year average of 2020 and 2021 May landings because the recreational sector was closed in May 2019 and the May 2022 recreational landings were not available at the time of the analysis. The Council used these projections to determine how best to modify the recreational fixed closed and chose the alternative that provides the greatest number of days without exceeding the expected reduced recreational catch limit. Comment 2: NMFS should implement a one fish per vessel recreational limit instead of changing the greater amberjack recreational fixed closed season. Response: The Council did not request, and NMFS did not consider implementing a recreational vessel limit to reduce recreational landings. Previous analysis conducted for Amendment 35 to the FMP indicated that a one fish per vessel limit would not have achieved the harvest reduction needed to avoid an overage of the recreational catch limits proposed under Amendment 54. Further, when recreational vessel limits, in general, have been considered in the past there has been little support from the Council and constituents. Therefore, NMFS implemented the revised recreational fixed closed season, which was supported by the Council and projected to meet the needed harvest reductions. VerDate Sep<11>2014 17:05 Dec 16, 2022 Jkt 259001 Comment 3: The greater amberjack commercial sector should be closed in addition to the recreational sector. Response: NMFS disagrees that it is necessary to close the commercial sector. The commercial sector already has a fixed closed season in effect for the months of March, April, and May, and has projected that harvest by the commercial sector in January and February of 2023 would not exceed any of the proposed reduced commercial catch limits under consideration in Amendment 54. Further, the commercial sector has a trip limit reduction after 75 percent of the commercial quota is caught. Therefore, the Council did not include in its emergency action request to NMFS actions related to the greater amberjack commercial sector. Classification This action is issued pursuant to section 305(c) of the Magnuson-Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator (AA) for Fisheries, NOAA has determined that this emergency action is consistent with the MagnusonStevens Act, the FMP, and other applicable law. This action is being taken pursuant to the emergency provisions of the Magnuson-Stevens Act and is exempt from Office of Management and Budget review. This temporary rule for emergency action contains no information collection requirements under the Paperwork Reduction Act of 1995. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. are inapplicable. Accordingly, no Regulatory Flexibility Analysis is required and none has been prepared. NMFS prepared an environmental assessment (EA) for the emergency measures contained in the July 25, 2022 (87 FR 44027, July 25, 2022) temporary rule. The EA analyzed the impacts of recreational seasonal closure, which includes the impacts related to extending the emergency measures. PO 00000 Frm 00062 Fmt 4700 Sfmt 9990 Therefore, the impacts of extending the emergency measures through this temporary rule have already been considered. Electronic copies of the EA are available from NMFS (see ADDRESSES). This temporary rule extension responds to the best scientific information available. The AA finds good cause to waive the requirements to provide prior notice and opportunity for public comment, pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures for this temporary rule extension are unnecessary and contrary the public interest. Such procedures are unnecessary because NMFS already published the temporary rule on July 25, 2022, and requested public comment on the emergency regulation, including the potential extension. NMFS responds to the public comments in this temporary rule, which extends the same emergency regulation for an additional 186 days. An opportunity for additional public comment would be contrary to the public interest because it would result in this temporary rule not being effective before the current emergency regulations expire, which would prevent NMFS from implementing this extension. Without the extension of the emergency regulation, recreational fishing would be allowed in May 2023 and could result in a significant overage of the greater amberjack recreational ACL approved by the Council in Amendment 54. This possible overharvest could result in a complete closure of greater amberjack to the recreational sector in the 2023–2024 fishing year and could negatively impact the revised rebuilding plan developed in Amendment 54. Authority: 16 U.S.C. 1801 et seq. Dated: December 13, 2022. Andrew James Strelcheck, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2022–27353 Filed 12–16–22; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\19DER1.SGM 19DER1

Agencies

[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77526-77528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27353]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 220720-0159]
RIN 0648-BL63


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management 
Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; emergency action extended.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this temporary rule to extend the expiration date 
of emergency measures implemented for the greater amberjack stock in 
the Gulf of Mexico (Gulf). As requested by the Gulf of Mexico Fishery 
Management Council (Council), NMFS published a temporary rule for 
emergency action on July 25, 2022, to modify the greater amberjack 
recreational fixed closed season for the 2022-2023 fishing year in the 
Gulf exclusive economic zone (EEZ) to be August 1 through 31, 2022, and 
November 1, 2022, through July 31, 2023 (open September 1, 2022, 
through

[[Page 77527]]

October 31, 2022). The purpose of this rulemaking is to extend the 
measures implemented in the emergency action while the Council develops 
long term management measures to reduce overfishing of Gulf greater 
amberjack.

DATES: The expiration date for the temporary rule published at 87 FR 
44027, July 25, 2022 is extended from January 23, 2023, through July 
28, 2023, unless NMFS publishes a superseding document in the Federal 
Register.

ADDRESSES: Electronic copies of the documents in support of this 
temporary rule may be obtained from the NMFS Southeast Regional Office 
website at: https://www.fisheries.noaa.gov/action/emergency-action-modification-greater-amberjack-recreational-fixed-closed-season.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed 
under the Fishery Management Plan for the Reef Fish Resources of the 
Gulf of Mexico (FMP). The FMP was prepared by the Council and is 
implemented through regulations at 50 CFR part 622 under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). The Magnuson-Stevens Act provides the legal 
authority for the promulgation of emergency regulations under section 
305(c) (16 U.S.C. 1855(c)).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield (OY) from federally managed fish stocks. These 
mandates are intended to ensure 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. To further this goal, the Magnuson-
Stevens Act requires fishery managers to end overfishing and rebuild 
overfished stocks. At its June 2022 meeting, in accordance with Section 
305(c)(3) of the Magnuson-Stevens Act, the Council requested NMFS 
promulgate an emergency regulation to protect the greater amberjack 
resource, due to recently discovered circumstances which present 
serious conservation issues to the stock. NMFS promulgated that rule in 
July 2022, effective through January 23, 2023, and is now extending the 
effective date for an additional 186 days (87 FR 44027, July 25, 2022).
    All weights provided in this temporary rule, unless otherwise 
noted, are given in round weight.

Current Status of Greater Amberjack Stock and Council Emergency Action 
Request

    Greater amberjack has been under a rebuilding plan since 2003. In 
October 2020, a Southeast Data, Assessment, and Review (SEDAR) 
assessment (SEDAR 70) was completed and showed that the greater 
amberjack stock is still overfished and has been undergoing overfishing 
almost continuously since 1980. NMFS informed the Council of these 
determinations in a letter dated April 7, 2021. The Magnuson-Stevens 
Act specifies that the Council must prepare and implement measures to 
end overfishing and rebuild the stock within 2 years of this 
notification. At its October 2022 meeting, the Council approved 
Amendment 54 to the FMP, which would significantly reduce the greater 
amberjack catch limits consistent with the results of SEDAR 70 and the 
recommendation of the Council's Scientific and Statistical Committee 
(SSC).
    The Council's SSC reviewed the SEDAR 70 results at its January 2021 
meeting, accepted the assessment as the best scientific information 
available, and agreed that greater amberjack was still overfished and 
undergoing overfishing. The SSC provided recommendations for a reduced 
overfishing limit (OFL) and acceptable biological catch (ABC) so that 
the stock could rebuild by 2027, the current target rebuilding time. 
The Council discussed the SSC's recommendations at its January 2021 
meeting and instructed staff to begin work on an FMP amendment 
(Amendment 54) to update the rebuilding plan and end overfishing of 
greater amberjack.
    The SSC provided updated catch level recommendations in November 
2021. When the Council reviewed more detailed alternative catch level 
projections in April 2022, it became clear that because the 
recreational fishing year occurs over 2 calendar years and the reduced 
catch levels in Amendment 54 would not be implemented until the later 
part of the fishing year, more immediate action might be necessary to 
constrain recreational harvest while the Council works to finalize the 
new catch limits. Therefore, in June 2022, the Council reviewed options 
to modify the recreational fixed closed season to help constrain 
harvest to the reduced catch levels under consideration in Amendment 
54.
    At that time, recreational harvest of greater amberjack was closed 
from November through April and June through July. This means that 
harvest was allowed during the months of August through October, and 
the month of May. The Council requested that NMFS modify the fixed 
closed season for the 2022-2023 fishing year so that harvest is allowed 
only during the months of September and October in 2022. NMFS received 
the Council request in a letter dated July 5, 2022, and implemented the 
emergency regulation on July 25, 2022, consistent with the Council 
request (87 FR 44027, July 25, 2022). That rule is currently effective 
through January 23, 2023. NMFS is extending the effective date of that 
rule to prohibit harvest in May 2023 as requested by the Council and to 
allow NMFS sufficient time to review, and if approved, implement 
Amendment 54.

Comments and Responses

    Section 305(c)(3)(B) of the Magnuson-Stevens Act allows NMFS to 
extend the effective date of an emergency regulation if the public is 
provided the opportunity to comment on the emergency regulation and the 
Council is actively preparing a plan amendment to address the emergency 
on a permanent basis. NMFS solicited public comment in the July 25, 
2022, temporary rule, noting that the rule could be extended for an 
additional 186 days.
    NMFS received five comments on the temporary rule for emergency 
action for Gulf greater amberjack. In general, the comments were 
opposed to the change to the recreational fishing season implemented in 
the temporary rule and stated other measures could be taken or that no 
action was necessary. Some comments suggested changes to management 
measures that are outside the scope of the temporary rule, such as 
implementing a tag program for non-residents, and are therefore not 
addressed further. Specific comments related to the emergency action 
are grouped by topic and summarized below, followed by NMFS' respective 
responses.
    Comment 1: The data used to project greater amberjack recreational 
landings are flawed.
    Response: NMFS used the best scientific information available to 
project when Gulf greater amberjack landings would reach the reduced 
recreational catch limits under consideration in Amendment 54. NMFS 
determined that recreational landings in recent years would be the best 
predictor of future landings. Therefore, NMFS used recreational 
landings data for the 2019-2020, 2020-2021, and 2021-2022

[[Page 77528]]

fishing years that were generated by the Marine Recreational 
Information Program, the Texas Parks and Wildlife Department Creel 
Survey, the Louisiana Creel survey, and the NMFS Headboat Survey. The 
NMFS Southeast Fisheries Science Center and Southeast Regional Office 
reviewed these data and made applicable adjustments to recreational 
landings projections consistent with established protocols. To predict 
recreational landings in August, September, and October of 2022, NMFS 
used a 3-year average of monthly landings from 2019, 2020, and 2021. To 
predict recreational landings for May of 2023, NMFS used a 2-year 
average of 2020 and 2021 May landings because the recreational sector 
was closed in May 2019 and the May 2022 recreational landings were not 
available at the time of the analysis. The Council used these 
projections to determine how best to modify the recreational fixed 
closed and chose the alternative that provides the greatest number of 
days without exceeding the expected reduced recreational catch limit.
    Comment 2: NMFS should implement a one fish per vessel recreational 
limit instead of changing the greater amberjack recreational fixed 
closed season.
    Response: The Council did not request, and NMFS did not consider 
implementing a recreational vessel limit to reduce recreational 
landings. Previous analysis conducted for Amendment 35 to the FMP 
indicated that a one fish per vessel limit would not have achieved the 
harvest reduction needed to avoid an overage of the recreational catch 
limits proposed under Amendment 54. Further, when recreational vessel 
limits, in general, have been considered in the past there has been 
little support from the Council and constituents. Therefore, NMFS 
implemented the revised recreational fixed closed season, which was 
supported by the Council and projected to meet the needed harvest 
reductions.
    Comment 3: The greater amberjack commercial sector should be closed 
in addition to the recreational sector.
    Response: NMFS disagrees that it is necessary to close the 
commercial sector. The commercial sector already has a fixed closed 
season in effect for the months of March, April, and May, and has 
projected that harvest by the commercial sector in January and February 
of 2023 would not exceed any of the proposed reduced commercial catch 
limits under consideration in Amendment 54. Further, the commercial 
sector has a trip limit reduction after 75 percent of the commercial 
quota is caught. Therefore, the Council did not include in its 
emergency action request to NMFS actions related to the greater 
amberjack commercial sector.

Classification

    This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator (AA) for 
Fisheries, NOAA has determined that this emergency action is consistent 
with the Magnuson-Stevens Act, the FMP, and other applicable law. This 
action is being taken pursuant to the emergency provisions of the 
Magnuson-Stevens Act and is exempt from Office of Management and Budget 
review.
    This temporary rule for emergency action contains no information 
collection requirements under the Paperwork Reduction Act of 1995.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553 or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. 
are inapplicable. Accordingly, no Regulatory Flexibility Analysis is 
required and none has been prepared.
    NMFS prepared an environmental assessment (EA) for the emergency 
measures contained in the July 25, 2022 (87 FR 44027, July 25, 2022) 
temporary rule. The EA analyzed the impacts of recreational seasonal 
closure, which includes the impacts related to extending the emergency 
measures. Therefore, the impacts of extending the emergency measures 
through this temporary rule have already been considered. Electronic 
copies of the EA are available from NMFS (see ADDRESSES).
    This temporary rule extension responds to the best scientific 
information available. The AA finds good cause to waive the 
requirements to provide prior notice and opportunity for public 
comment, pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as 
such procedures for this temporary rule extension are unnecessary and 
contrary the public interest. Such procedures are unnecessary because 
NMFS already published the temporary rule on July 25, 2022, and 
requested public comment on the emergency regulation, including the 
potential extension. NMFS responds to the public comments in this 
temporary rule, which extends the same emergency regulation for an 
additional 186 days. An opportunity for additional public comment would 
be contrary to the public interest because it would result in this 
temporary rule not being effective before the current emergency 
regulations expire, which would prevent NMFS from implementing this 
extension. Without the extension of the emergency regulation, 
recreational fishing would be allowed in May 2023 and could result in a 
significant overage of the greater amberjack recreational ACL approved 
by the Council in Amendment 54. This possible overharvest could result 
in a complete closure of greater amberjack to the recreational sector 
in the 2023-2024 fishing year and could negatively impact the revised 
rebuilding plan developed in Amendment 54.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 13, 2022.
Andrew James Strelcheck,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2022-27353 Filed 12-16-22; 8:45 am]
BILLING CODE 3510-22-P
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