Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Partial Holdback of Commercial Quota for Gag in the Gulf of Mexico, 83040-83041 [2023-26211]
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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
publication schedules, or alternate
instructions for submitting comments if
https://www.regulations.gov cannot be
used, contact the Regulatory Secretariat
Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2023–06, FAR Case 2020–011.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA and NASA published an
interim rule in the Federal Register at
88 FR 69503 on October 5, 2023. The
comment period is extended to February
2, 2024, to allow additional time for
interested parties to develop comments
on the rule. The effective date of this
rule is not being changed and remains
December 4, 2023.
List of Subjects in 48 CFR Parts 1, 4, 9,
13, 39, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2023–26046 Filed 11–27–23; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230427–0115; RTID 0648–
XD523]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Partial Holdback of Commercial Quota
for Gag in the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; commercial
quota holdback.
AGENCY:
NMFS issues this temporary
rule to withhold a portion of the
commercial allocation of gag for the
2024 fishing year in anticipation of the
upcoming rulemaking for Amendment
56 to the Fishery Management Plan for
the Reef Fish Resources of the Gulf of
Mexico (FMP) that would amend the
FMP by implementing measures to end
overfishing of gag and establish a
rebuilding plan for the stock. These
measures would, in part, reduce the
commercial sector annual catch limit
(ACL) and commercial quota. This
temporary rule will withhold the
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SUMMARY:
VerDate Sep<11>2014
15:57 Nov 27, 2023
Jkt 262001
distribution of gag individual fishing
quota (IFQ) allocation on January 1,
2024, to shareholders in the Groupers
and Tilefishes IFQ (GT–IFQ) program in
the amount equal to the anticipated
reduction in the commercial quota and
set the red grouper multi-use allocation
to zero as required when gag is in a
rebuilding plan.
DATES: This temporary rule is effective
from January 1, 2024, until June 1, 2024.
FOR FURTHER INFORMATION CONTACT: Dan
Luers, NMFS Southeast Regional Office,
telephone: 727–824–5305, email:
daniel.luers@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery in the Gulf of Mexico (Gulf)
includes gag and is managed under the
FMP. The FMP was prepared by the
Gulf of Mexico Fishery Management
Council (Council) and approved and
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
The Gulf gag fishery is divided into
commercial and recreational sectors,
with a stock ACL that is allocated 39
percent to the commercial sector and 61
percent to the recreational sector. The
commercial sector is managed under the
GT–IFQ program and landings are
constrained to the commercial quota,
which is reduced from the commercial
ACL. Recreational harvest is currently
permitted from June 1 each year until
NMFS projects that recreational
landings reach the recreational ACL. If
the recreational ACL is exceeded,
recreational harvest is constrained the
following year to the recreational annual
catch target. All weights described in
this temporary rule are in gutted weight.
In January 2022, NMFS notified the
Council that gag is overfished and
undergoing overfishing. In July 2022,
the Council sent a letter to NMFS
recommending interim measures to
reduce overfishing beginning in the
2023 fishing year while the Council
developed Amendment 56 to the FMP to
implement permanent measures to end
overfishing and rebuild the stock. The
interim measures, effective from May 3,
2023, through May 2, 2024, reduced the
gag catch limits and modified the
recreational season (88 FR 27701, May
3, 2023). Therefore, the current
commercial ACL and commercial quota,
implemented through those interim
measures, are 258,000 lb (117,027 kg)
and 199,000 lb (90,265 kg), respectively.
On October 18, 2023, NMFS
published an announcement of
availability for Amendment 56 (88 FR
71812, October 18, 2023), and on
November 9, NMFS published a
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
proposed rule to implement
Amendment 56 (88 FR 77246,
November 9, 2023). As described in the
announcement of availability and
proposed rule, if Amendment 56 is
approved and implemented the
commercial ACL and commercial quota
for the 2024 fishing year would be
further reduced to 155,000 lb (70,307
kg) and 147,000 lb (66,678 kg). Under
the GT–IFQ program, annual quota is
distributed to IFQ shareholders as
allocation (including multi-use
allocation) on January 1, and most IFQ
program participants begin to use or
transfer their allocation early in each
year. After shareholders begin
transferring or landing allocation, NMFS
is not able to retroactively withdraw
allocation from shareholder accounts if
a commercial quota decrease became
effective after the beginning of the
fishing year. Regulations at 50 CFR
622.22(a)(4), authorize NMFS to
withhold distribution of IFQ allocation
on January 1 in the amount equal to an
expected reduction in the commercial
quota. Accordingly, through this
temporary rule NMFS withholds
distribution of the portion of the 2024
commercial quota of gag equal to the
anticipated reduction recommended by
the Council in Amendment 56. Because
Amendment 56 would also establish a
rebuilding plan for gag, multi-use
allocation of red grouper would be set
a zero on implementation. Therefore,
through this temporary rule, NMFS will
set the red grouper IFQ multi-use
allocation at zero.
NMFS will distribute the available gag
allocation, on January 1, 2024.
If NMFS does not implement
Amendment 56, including the revised
commercial quota, by June 1, 2024, then
NMFS will distribute the withheld
allocation back to the current
shareholders, as determined by the
shares held on the same date that NMFS
distributes the withheld IFQ quota.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is taken under 50 CFR
622.22(a)(4), which was issued pursuant
to section 304(b) of the MagnusonStevens Act, 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 is
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the regulation at
50 CFR 622.22(a)(4) has already been
subject to notice and public comment,
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
and the public is aware that the Council
has submitted Amendment 56 to end
overfishing of gag beginning in the 2024
fishing year. Therefore, all that remains
is to notify the public that a portion of
the commercial gag allocation in 2024
will be withheld to allow for the
implementation of the Amendment 56
in 2024, if approved. Such procedures
are contrary to the public interest
because notice and comment would not
allow NMFS to implement the
Amendment 56 measures to end
overfishing during the 2024 fishing year.
If NMFS does not withhold the
necessary commercial gag allocation,
shareholders can begin transferring or
landing allocation on January 1, 2024,
and NMFS would not be able to
retroactively withdraw allocation from
shareholder accounts.
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. 2023–26211 Filed 11–27–23; 8:45 am]
BILLING CODE 3510–22–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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
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SUMMARY:
VerDate Sep<11>2014
15:57 Nov 27, 2023
Jkt 262001
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:
Daniel.Luers@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 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
PO 00000
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Fmt 4700
Sfmt 4700
83041
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 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
E:\FR\FM\28NOR1.SGM
28NOR1
]]>Agencies
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83040-83041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26211]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230427-0115; RTID 0648-XD523]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Partial Holdback of
Commercial Quota for Gag in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; commercial quota holdback.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this temporary rule to withhold a portion of the
commercial allocation of gag for the 2024 fishing year in anticipation
of the upcoming rulemaking for Amendment 56 to the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) that would
amend the FMP by implementing measures to end overfishing of gag and
establish a rebuilding plan for the stock. These measures would, in
part, reduce the commercial sector annual catch limit (ACL) and
commercial quota. This temporary rule will withhold the distribution of
gag individual fishing quota (IFQ) allocation on January 1, 2024, to
shareholders in the Groupers and Tilefishes IFQ (GT-IFQ) program in the
amount equal to the anticipated reduction in the commercial quota and
set the red grouper multi-use allocation to zero as required when gag
is in a rebuilding plan.
DATES: This temporary rule is effective from January 1, 2024, until
June 1, 2024.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery in the Gulf of Mexico
(Gulf) includes gag and is managed under the FMP. The FMP was prepared
by the Gulf of Mexico Fishery Management Council (Council) and approved
and implemented by NMFS through regulations at 50 CFR part 622 under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
The Gulf gag fishery is divided into commercial and recreational
sectors, with a stock ACL that is allocated 39 percent to the
commercial sector and 61 percent to the recreational sector. The
commercial sector is managed under the GT-IFQ program and landings are
constrained to the commercial quota, which is reduced from the
commercial ACL. Recreational harvest is currently permitted from June 1
each year until NMFS projects that recreational landings reach the
recreational ACL. If the recreational ACL is exceeded, recreational
harvest is constrained the following year to the recreational annual
catch target. All weights described in this temporary rule are in
gutted weight.
In January 2022, NMFS notified the Council that gag is overfished
and undergoing overfishing. In July 2022, the Council sent a letter to
NMFS recommending interim measures to reduce overfishing beginning in
the 2023 fishing year while the Council developed Amendment 56 to the
FMP to implement permanent measures to end overfishing and rebuild the
stock. The interim measures, effective from May 3, 2023, through May 2,
2024, reduced the gag catch limits and modified the recreational season
(88 FR 27701, May 3, 2023). Therefore, the current commercial ACL and
commercial quota, implemented through those interim measures, are
258,000 lb (117,027 kg) and 199,000 lb (90,265 kg), respectively.
On October 18, 2023, NMFS published an announcement of availability
for Amendment 56 (88 FR 71812, October 18, 2023), and on November 9,
NMFS published a proposed rule to implement Amendment 56 (88 FR 77246,
November 9, 2023). As described in the announcement of availability and
proposed rule, if Amendment 56 is approved and implemented the
commercial ACL and commercial quota for the 2024 fishing year would be
further reduced to 155,000 lb (70,307 kg) and 147,000 lb (66,678 kg).
Under the GT-IFQ program, annual quota is distributed to IFQ
shareholders as allocation (including multi-use allocation) on January
1, and most IFQ program participants begin to use or transfer their
allocation early in each year. After shareholders begin transferring or
landing allocation, NMFS is not able to retroactively withdraw
allocation from shareholder accounts if a commercial quota decrease
became effective after the beginning of the fishing year. Regulations
at 50 CFR 622.22(a)(4), authorize NMFS to withhold distribution of IFQ
allocation on January 1 in the amount equal to an expected reduction in
the commercial quota. Accordingly, through this temporary rule NMFS
withholds distribution of the portion of the 2024 commercial quota of
gag equal to the anticipated reduction recommended by the Council in
Amendment 56. Because Amendment 56 would also establish a rebuilding
plan for gag, multi-use allocation of red grouper would be set a zero
on implementation. Therefore, through this temporary rule, NMFS will
set the red grouper IFQ multi-use allocation at zero.
NMFS will distribute the available gag allocation, on January 1,
2024.
If NMFS does not implement Amendment 56, including the revised
commercial quota, by June 1, 2024, then NMFS will distribute the
withheld allocation back to the current shareholders, as determined by
the shares held on the same date that NMFS distributes the withheld IFQ
quota.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is taken under 50 CFR 622.22(a)(4), which was
issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 is unnecessary and contrary to the public interest. Such
procedures are unnecessary because the regulation at 50 CFR
622.22(a)(4) has already been subject to notice and public comment,
[[Page 83041]]
and the public is aware that the Council has submitted Amendment 56 to
end overfishing of gag beginning in the 2024 fishing year. Therefore,
all that remains is to notify the public that a portion of the
commercial gag allocation in 2024 will be withheld to allow for the
implementation of the Amendment 56 in 2024, if approved. Such
procedures are contrary to the public interest because notice and
comment would not allow NMFS to implement the Amendment 56 measures to
end overfishing during the 2024 fishing year. If NMFS does not withhold
the necessary commercial gag allocation, shareholders can begin
transferring or landing allocation on January 1, 2024, and NMFS would
not be able to retroactively withdraw allocation from shareholder
accounts.
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. 2023-26211 Filed 11-27-23; 8:45 am]
BILLING CODE 3510-22-P
