Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2023 Commercial and Recreational Closures for Gag in the South Atlantic, 68497-68498 [2023-21914]
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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations
On and after the effective date of the
closure notification, all sale or purchase
of red snapper is prohibited. This
prohibition on the harvest, possession,
sale or purchase applies in the South
Atlantic on a vessel for which a valid
Federal commercial or charter vessel/
headboat permit for South Atlantic
snapper-grouper has been issued,
regardless if such species were
harvested or possessed in state or
Federal waters (50 CFR 622.193(y)(1)
and 622.181(c)(2)).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is taken under 50 CFR
622.8(c), 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 is
unnecessary. Such procedure is
unnecessary, because the regulations
associated with the commercial ACL of
red snapper and a re-opening to provide
an opportunity for the commercial ACL
to be harvested have already been
subject to notice and public comment,
and all that remains is to notify the
public of the commercial sector reopening.
For these same reasons, the Assistant
Administrator for Fisheries 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: September 29, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–22048 Filed 9–29–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230914–0219]
lotter on DSK11XQN23PROD with RULES1
RTID 0648–XD411
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2023
Commercial and Recreational Closures
for Gag in the South Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
VerDate Sep<11>2014
18:15 Oct 03, 2023
Jkt 262001
ACTION:
Temporary rule; closure.
NMFS implements
accountability measures for gag in the
exclusive economic zone (EEZ) of the
South Atlantic. NMFS estimates that
both commercial and recreational
landings of gag have reached the
respective new commercial and
recreational annual catch limits (ACLs)
for the 2023 fishing year. Accordingly,
NMFS will close both the commercial
and recreational sectors for the harvest
and possession of gag in the South
Atlantic EEZ to protect the gag resource
from overfishing.
DATES: This temporary rule is effective
from 12:01 a.m. eastern time on October
23, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes gag 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.
NMFS recently published the final
rule to implement Amendment 53 to the
FMP (88 FR 65135, September 21,
2023). For gag, Amendment 53 reduced
the sector ACLs, and revised
commercial trip limits, recreational bag,
vessel, and possession limits, and
recreational accountability measures
(AMs). For the 2023 fishing year,
Amendment 53 reduced the commercial
ACL from 374,519 lb (169,879 kg) to
85,326 lb (38,703 kg) and reduced the
recreational ACL from 359,832 lb
(171,807 kg) to 90,306 lb (40,962 kg).
Amendment 53 also established a
rebuilding plan for gag, and revised the
overfishing levels, acceptable biological
catch, annual optimum yield, and sector
allocations for gag. The final rule for
Amendment 53 is effective October 23,
2023.
SUMMARY:
Gag Commercial Sector
On October 23, 2023, the revised
commercial ACL (commercial quota) for
the 2023 fishing year for gag will be
85,326 lb (38,703 kg). The commercial
AM for gag requires NMFS to close the
commercial sector when its ACL is
reached, or is projected to be reached,
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
68497
by filing a notification to that effect with
the Office of the Federal Register. NMFS
estimates that for the 2023 fishing year,
commercial landings of gag have
reached, and already exceeded, the
revised commercial ACL. Accordingly,
the harvest and possession of South
Atlantic gag for the commercial sector is
closed effective at 12:01 a.m. eastern
time on October 23, 2023, through
December 31, 2023.
During the commercial closure, the
sale or purchase of gag taken from the
South Atlantic EEZ is prohibited. The
operator of a vessel with a valid Federal
commercial vessel permit for South
Atlantic snapper-grouper with gag on
board must have landed and bartered,
traded, or sold such gag before October
23, 2023. The prohibition on sale or
purchase does not apply to the sale or
purchase of gag that were harvested,
landed ashore, and sold before October
23, 2023, and were held in cold storage
by a dealer or processor. Additionally,
the recreational bag and possession
limits and the sale and purchase
prohibitions for gag under the
commercial closure apply in the South
Atlantic on board a vessel for which a
valid Federal commercial or charter
vessel/headboat permit for South
Atlantic snapper-grouper has been
issued, regardless of whether the gag are
harvested in state or Federal waters, as
specified in 50 CFR 622.190(c)(1).
Additionally, the commercial AM at
50 CFR 622.193(c)(1)(ii) specifies that if
the commercial ACL is exceeded, and
the combined commercial and
recreational ACL specified at 50 CFR
622.193(c)(3) is exceeded, and gag are
overfished, then NMFS will reduce the
commercial ACL in the following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year. NMFS will evaluate
whether it is necessary for the 2024
commercial ACL to be reduced by the
amount of the 2023 commercial ACL
overage once NMFS has finalized 2023
commercial landings information. If
necessary, NMFS will publish a notice
for any 2024 commercial ACL reduction
in the Federal Register.
Gag Recreational Sector
On October 23, 2023, the revised
recreational ACL for the 2023 fishing
year for gag will be 90,306 lb (40,962
kg). The recreational AM for gag
requires NMFS to close the recreational
sector when its ACL is reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS estimates
that for the 2023 fishing year,
recreational landings of gag have
reached and already exceeded the
E:\FR\FM\04OCR1.SGM
04OCR1
68498
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations
revised recreational ACL. Accordingly,
the harvest and possession of South
Atlantic gag for the recreational sector is
closed effective at 12:01 a.m. eastern
time on October 23, 2023, through
December 31, 2023. During the
recreational closure, the bag and
possession limits for gag in or from the
South Atlantic EEZ are zero.
Additionally, the revised recreational
AM at 50 CFR 622.193(c)(2)(ii) as
implemented through the final rule to
implement Amendment 53 to the FMP
(88 FR 65135, September 21, 2023),
specifies that if the recreational ACL is
exceeded, then NMFS will reduce the
recreational fishing season in the
following fishing year to prevent the
recreational ACL from being exceeded,
and NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
season is necessary. Therefore, once the
2023 recreational landings information
has been finalized, NMFS will evaluate
if it is necessary for the 2024
recreational fishing season to be
reduced based on 2023 landings. If a
fishing season reduction is necessary,
NMFS will publish a notice for any
2024 recreational fishing season
reduction or associated recreational
fishing season closure in the Federal
Register.
lotter on DSK11XQN23PROD with RULES1
January Through April Gag Seasonal
Closure
Additionally, a seasonal closure is in
place for the commercial and
recreational sectors for gag and
associated grouper species from January
through April each fishing year as
specified in 50 CFR 622.183(b)(1).
During this seasonal closure for the
recreational and commercial sectors for
gag from January through April each
fishing year, no person may fish for,
harvest, or possess any gag in or from
the South Atlantic EEZ. Therefore, the
commercial and recreational harvest of
gag will not commence until May 1,
2024.
Classification
NMFS issues these actions pursuant
to section 305(d) of the MagnusonStevens Act. These actions are required
by 50 CFR 622.193(c)(1)(i) and the
revised measures at 50 CFR
622.193(c)(2)(i) as implemented through
the final rule to implement Amendment
53 to the FMP (88 FR 65135, September
21, 2023), which were issued pursuant
to section 304(b) of the MagnusonStevens Act, and are 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
VerDate Sep<11>2014
17:03 Oct 03, 2023
Jkt 262001
these actions, as notice and comment
are unnecessary and contrary to the
public interest. Such procedures are
unnecessary because the regulations
associated with the closures of the gag
commercial sector and the gag
recreational sector have already been
subject to notice and public comment,
and all that remains is to notify the
public of the sector closures. Prior
notice and opportunity for public
comment are contrary to the public
interest because there is a need to
implement these actions as soon as
possible to protect gag, because the
capacity of the fishing fleet allows for
rapid harvest of the commercial and
recreational ACLs. Prior notice and
opportunity for public comment would
require time and would potentially
result in continued harvest in excess of
the established commercial and
recreational ACLs. Given the large
reductions in the commercial and
recreational harvest levels resulting
from the implementation of Amendment
53, NMFS wants to provide as much
notice of these sector closures as
possible to allow fishers time to prepare
for changes to their fishing seasons.
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: September 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–21914 Filed 9–29–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 221215–0272; RTID 0648–
XD447]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfers From VA and DE to
NC
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of quota transfers.
AGENCY:
NMFS announces that the
Commonwealth of Virginia and the
State of Delaware are transferring a
portion of their 2023 commercial
SUMMARY:
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
bluefish quota to the State of North
Carolina. These adjustments to the 2023
fishing year quotas are necessary to
comply with the Atlantic Bluefish
Fishery Management Plan quota transfer
provisions. This announcement informs
the public of the revised 2023
commercial bluefish quotas for Virginia,
Delaware, and North Carolina.
DATES: Effective September 29, 2023,
through December 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Laura Deighan, Fishery Management
Specialist, (978) 281–9184.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found in 50 CFR
648.160 through 648.167. These
regulations require annual specification
of a commercial quota that is
apportioned among the Coastal States
from Maine through Florida. The
process to set the annual commercial
quota and the percent allocated to each
State is described in § 648.162, and the
final 2023 allocations were published
on December 21, 2022 (87 FR 78011).
The final rule implementing
Amendment 1 to the Bluefish Fishery
Management Plan (FMP), as published
in the Federal Register on July 26, 2000
(65 FR 45844), provided a mechanism
for transferring bluefish commercial
quota from one State to another. Two or
more States, under mutual agreement
and with the concurrence of the NMFS
Greater Atlantic Regional Administrator,
can request approval to transfer or
combine bluefish commercial quota
under § 648.162(e)(1)(i) through (iii).
The Regional Administrator must
approve any such transfer based on the
criteria in § 648.162(e). In evaluating
requests to transfer a quota or combine
quotas, the Regional Administrator shall
consider whether: the transfer or
combinations would preclude the
overall annual quota from being fully
harvested; the transfer addresses an
unforeseen variation or contingency in
the fishery; and the transfer is consistent
with the objectives of the FMP and the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The Regional
Administrator has determined these
three criteria have been met for the
transfers approved in this notification.
Virginia is transferring 50,000 pounds
(lb) (22,680 kilograms (kg)) and
Delaware is transferring 40,000 lb
(18,144 kg) to North Carolina, through
mutual agreements of the States. These
transfers were requested to ensure that
North Carolina would not exceed its
2023 State quota. The revised bluefish
quotas for 2023 are: Virginia, 305,625 lb
(138,629 kg); Delaware, 23,572 lb
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68497-68498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21914]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230914-0219]
RTID 0648-XD411
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2023 Commercial and Recreational Closures for Gag in the South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures for gag in the
exclusive economic zone (EEZ) of the South Atlantic. NMFS estimates
that both commercial and recreational landings of gag have reached the
respective new commercial and recreational annual catch limits (ACLs)
for the 2023 fishing year. Accordingly, NMFS will close both the
commercial and recreational sectors for the harvest and possession of
gag in the South Atlantic EEZ to protect the gag resource from
overfishing.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
October 23, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes gag 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.
NMFS recently published the final rule to implement Amendment 53 to
the FMP (88 FR 65135, September 21, 2023). For gag, Amendment 53
reduced the sector ACLs, and revised commercial trip limits,
recreational bag, vessel, and possession limits, and recreational
accountability measures (AMs). For the 2023 fishing year, Amendment 53
reduced the commercial ACL from 374,519 lb (169,879 kg) to 85,326 lb
(38,703 kg) and reduced the recreational ACL from 359,832 lb (171,807
kg) to 90,306 lb (40,962 kg). Amendment 53 also established a
rebuilding plan for gag, and revised the overfishing levels, acceptable
biological catch, annual optimum yield, and sector allocations for gag.
The final rule for Amendment 53 is effective October 23, 2023.
Gag Commercial Sector
On October 23, 2023, the revised commercial ACL (commercial quota)
for the 2023 fishing year for gag will be 85,326 lb (38,703 kg). The
commercial AM for gag requires NMFS to close the commercial sector when
its ACL is reached, or is projected to be reached, by filing a
notification to that effect with the Office of the Federal Register.
NMFS estimates that for the 2023 fishing year, commercial landings of
gag have reached, and already exceeded, the revised commercial ACL.
Accordingly, the harvest and possession of South Atlantic gag for the
commercial sector is closed effective at 12:01 a.m. eastern time on
October 23, 2023, through December 31, 2023.
During the commercial closure, the sale or purchase of gag taken
from the South Atlantic EEZ is prohibited. The operator of a vessel
with a valid Federal commercial vessel permit for South Atlantic
snapper-grouper with gag on board must have landed and bartered,
traded, or sold such gag before October 23, 2023. The prohibition on
sale or purchase does not apply to the sale or purchase of gag that
were harvested, landed ashore, and sold before October 23, 2023, and
were held in cold storage by a dealer or processor. Additionally, the
recreational bag and possession limits and the sale and purchase
prohibitions for gag under the commercial closure apply in the South
Atlantic on board a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, regardless of whether the gag are harvested in state or
Federal waters, as specified in 50 CFR 622.190(c)(1).
Additionally, the commercial AM at 50 CFR 622.193(c)(1)(ii)
specifies that if the commercial ACL is exceeded, and the combined
commercial and recreational ACL specified at 50 CFR 622.193(c)(3) is
exceeded, and gag are overfished, then NMFS will reduce the commercial
ACL in the following fishing year by the amount of the commercial ACL
overage in the prior fishing year. NMFS will evaluate whether it is
necessary for the 2024 commercial ACL to be reduced by the amount of
the 2023 commercial ACL overage once NMFS has finalized 2023 commercial
landings information. If necessary, NMFS will publish a notice for any
2024 commercial ACL reduction in the Federal Register.
Gag Recreational Sector
On October 23, 2023, the revised recreational ACL for the 2023
fishing year for gag will be 90,306 lb (40,962 kg). The recreational AM
for gag requires NMFS to close the recreational sector when its ACL is
reached, or is projected to be reached, by filing a notification to
that effect with the Office of the Federal Register. NMFS estimates
that for the 2023 fishing year, recreational landings of gag have
reached and already exceeded the
[[Page 68498]]
revised recreational ACL. Accordingly, the harvest and possession of
South Atlantic gag for the recreational sector is closed effective at
12:01 a.m. eastern time on October 23, 2023, through December 31, 2023.
During the recreational closure, the bag and possession limits for gag
in or from the South Atlantic EEZ are zero.
Additionally, the revised recreational AM at 50 CFR
622.193(c)(2)(ii) as implemented through the final rule to implement
Amendment 53 to the FMP (88 FR 65135, September 21, 2023), specifies
that if the recreational ACL is exceeded, then NMFS will reduce the
recreational fishing season in the following fishing year to prevent
the recreational ACL from being exceeded, and NMFS will use the best
scientific information available to determine if reducing the length of
the recreational season is necessary. Therefore, once the 2023
recreational landings information has been finalized, NMFS will
evaluate if it is necessary for the 2024 recreational fishing season to
be reduced based on 2023 landings. If a fishing season reduction is
necessary, NMFS will publish a notice for any 2024 recreational fishing
season reduction or associated recreational fishing season closure in
the Federal Register.
January Through April Gag Seasonal Closure
Additionally, a seasonal closure is in place for the commercial and
recreational sectors for gag and associated grouper species from
January through April each fishing year as specified in 50 CFR
622.183(b)(1). During this seasonal closure for the recreational and
commercial sectors for gag from January through April each fishing
year, no person may fish for, harvest, or possess any gag in or from
the South Atlantic EEZ. Therefore, the commercial and recreational
harvest of gag will not commence until May 1, 2024.
Classification
NMFS issues these actions pursuant to section 305(d) of the
Magnuson-Stevens Act. These actions are required by 50 CFR
622.193(c)(1)(i) and the revised measures at 50 CFR 622.193(c)(2)(i) as
implemented through the final rule to implement Amendment 53 to the FMP
(88 FR 65135, September 21, 2023), which were issued pursuant to
section 304(b) of the Magnuson-Stevens Act, and are 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 these actions, as
notice and comment are unnecessary and contrary to the public interest.
Such procedures are unnecessary because the regulations associated with
the closures of the gag commercial sector and the gag recreational
sector have already been subject to notice and public comment, and all
that remains is to notify the public of the sector closures. Prior
notice and opportunity for public comment are contrary to the public
interest because there is a need to implement these actions as soon as
possible to protect gag, because the capacity of the fishing fleet
allows for rapid harvest of the commercial and recreational ACLs. Prior
notice and opportunity for public comment would require time and would
potentially result in continued harvest in excess of the established
commercial and recreational ACLs. Given the large reductions in the
commercial and recreational harvest levels resulting from the
implementation of Amendment 53, NMFS wants to provide as much notice of
these sector closures as possible to allow fishers time to prepare for
changes to their fishing seasons.
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: September 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-21914 Filed 9-29-23; 4:15 pm]
BILLING CODE 3510-22-P
