Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Emergency Management Measures, 87365-87368 [2023-27714]
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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations
Department of the Interior has
determined the final supplementary rule
will not cause a ‘‘taking’’ of private
property or require preparation of a
takings assessment under this Executive
order.
The final supplementary rule will not
have a substantial direct effect on the
States; the relationship between the
Federal Government and the States; nor
the distribution of power and
responsibilities among the various
levels of government. The final
supplementary rule does not conflict
with any State law or regulation.
Therefore, in accordance with Executive
Order 13132, the BLM has determined
the supplementary rule does not have
sufficient federalism implications to
warrant preparation of a Federalism
Assessment.
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
Department of the Interior Office of the
Solicitor has determined the final
supplementary rule will not unduly
burden the judicial system and that it
meets the requirements of sections 3(a)
and 3(b)(2) of the order.
Executive Order 13175, Consultation
and Coordination With Tribal
Governments
In accordance with Executive Order
13175, the BLM considered consultation
and coordination with Tribal
governments in the development of the
EA, which forms the basis for the final
supplementary rule. It was determined
the EA’s proposed action did not have
Tribal implications and formal
consultation was not conducted.
Energy Supply, Distribution, or Use
Under Executive Order 13211, the
BLM has determined the final
supplementary rule will not comprise a
significant energy action and that it will
not have an adverse effect on energy
supplies, production, or consumption.
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Paperwork Reduction Act
The final supplementary rule does not
contain information collection
requirements that the Office of
Management and Budget must approve
under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501 et seq. Federal
criminal investigations or prosecutions
may result from this rule, and the
collection of information for these
purposes is exempt from the Paperwork
Reduction Act, 44 U.S.C. 3518(c)(1).
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The principal author of this final
supplementary rule is Kathleen Stevens,
outdoor recreation planner, Moab Field
Office, Bureau of Land Management
V. Final Supplementary Rule for the
BLM Moab Field Office
Executive Order 13132, Federalism
VerDate Sep<11>2014
Authors
For the reasons stated in the
preamble, and under the authority of 43
U.S.C. 1740 and 43 CFR 8365.1–6, the
Utah State Director establishes the
following supplementary rule:
1. Roped and aerial activities are
prohibited within the Moab Canyons
Special Wildlife Area, except for
permitted rock climbing.
2. All persons must be in possession
of a permit to engage in rock climbing
within the Moab Canyons Special
Wildlife Area.
3. The construction or installation of
temporary structures is prohibited
within the Moab Canyons Special
Wildlife Area.
Definitions
Roped Activities: Activities involving
ropes, cable, vectran, rock climbing
aids, webbing, anchors, or any other
similar materials. Activities include:
ziplining, high-lining, slacklining, ropeswinging, and other activities using the
roped materials listed and other
associated equipment.
Aerial Activities: Sporting pursuits
which include ‘‘buildings, antennae,
spans, and earth’’ (BASE) jumping,
catapulting, paragliding, paramotoring,
parachuting, skydiving, drone
launching, aerial delivery, or other
activities that involve aerial delivery,
recovery, or shuttle.
Rock climbing: A sport or technique
in which participants climb up, down,
or across natural rock formations,
usually with ropes and other
equipment. This also includes freesoloing and bouldering.
Penalties
On public lands under section 303(a)
of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1733(a)), and 43 CFR 8360.0–7, any
person who violates this supplementary
rule may be tried before a U.S.
magistrate and fined no more than
$1,000 or imprisoned for no more than
12 months or both. Such violations may
also be subject to enhanced fines
provided for by 18 U.S.C. 3571.
Exemptions
Any Federal, State, local, or military
persons acting within the scope of their
duties, and members of an organized
rescue or firefighting force in
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87365
performance of an official duty, are
exempted from this supplementary rule.
Gregory Sheehan,
State Director.
[FR Doc. 2023–27746 Filed 12–15–23; 8:45 am]
BILLING CODE 4331–25–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 231212–0300]
RIN 0648–BM73
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Greater
Amberjack Emergency Management
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final temporary rule; emergency
action.
AGENCY:
NMFS issues this final
temporary rule to promulgate
emergency measures, due to recently
discovered circumstances that present
serious conservation issues for the
greater amberjack stock in the Gulf of
Mexico (Gulf). As requested by the Gulf
of Mexico Fishery Management Council
(Council), NMFS issues this final
temporary rule to reduce the Gulf
greater amberjack commercial trip limit.
The final temporary rule will be
effective for 180 days unless superseded
by subsequent rulemaking. The purpose
of this emergency action is to decrease
the likelihood of exceeding the
commercial catch limits and extend the
2024 commercial fishing season.
DATES: This temporary rule is effective
January 1, 2024, through June 15, 2024.
ADDRESSES: Electronic copies of the
documents in support of this final
temporary rule for emergency action,
which includes the Council’s letter to
NMFS requesting the emergency action
may be obtained from the Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/
emergency-rule-implement-reducedcommercial-trip-limits-gulf-mexicogreater-amberjack.
FOR FURTHER INFORMATION CONTACT: Dan
Luers, telephone: 727–824–5305, or
email: Daniel.Luers@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf is managed
under the Fishery Management Plan for
SUMMARY:
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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations
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the Reef Fish Resources of the Gulf of
Mexico (FMP). The FMP was prepared
by the 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). Section
305(c) of the Magnuson-Stevens Act
provides the legal authority for the
promulgation of emergency regulations
(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 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.
Gulf greater amberjack has been under
a rebuilding plan since 2003 (68 FR
39898, July 3, 2003). However, the stock
has not rebuilt as expected and NMFS
has implemented several revisions to
the rebuilding plan. The most recent
revision occurred in response to the
Southeast Data, Assessment, and
Review (SEDAR) 70 assessment for Gulf
greater amberjack, which was completed
in November 2020 and indicated that
the Gulf greater amberjack stock
continued to be overfished and
undergoing overfishing, but could
rebuild by end of the current rebuilding
time (2027) with reduced yields.
Therefore, the Council developed and
NMFS approved and implemented
Amendment 54 to the FMP, which
substantially reduced the Gulf greater
amberjack catch limits. NMFS
published the final rule reducing the
catch limits on June 15, 2023 (88 FR
39193). On June 18, 2023, NMFS
prohibited further commercial harvest
for the 2023 fishing year because
commercial landings had exceeded the
reduced commercial annual catch target
(ACT) and annual catch limit (ACL),
which are 93,930 lb (42,606 kg), round
weight, and 101,000 lb (45,813 kg),
round weight, respectively (88 FR
40121, June 21, 2023).
The Gulf greater amberjack
commercial accountability measures
(AMs) require a closure of the sector
when commercial landings reach or are
projected to reach the commercial ACT
(commercial quota) (50 CFR
622.41(a)(1)). In addition, if commercial
landings exceed the commercial ACL,
NMFS is required to reduce both the
commercial ACL and the commercial
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ACT for Gulf greater amberjack in the
year following an overage of the
commercial ACL, by the amount of any
commercial ACL overage (50 CFR
622.41(a)(1)(ii)). Because 2023
commercial landings exceeded the
newly implemented commercial ACL,
NMFS reduced the commercial ACL and
ACT for the 2024 fishing year, by the
amount of the 2023 commercial ACL
overage (88 FR 80995, November 21,
2023), which was 35,280 lb (16,003 kg),
round weight.
At its October 2023 meeting, the
Council approved a framework action to
modify the Gulf greater amberjack
recreational fixed closed season and the
commercial trip limit (Framework
Action). Within the Framework Action,
the Council recommended reducing the
current commercial trip limit to 7 fish
as a result of the substantial catch limit
reductions implemented with
Amendment 54 in order to extend the
commercial fishing season. As described
in the Framework Action, a trip limit of
7 fish is approximately equal to 210 lb
(95 kg), gutted weight; 218 lb (99 kg),
round weight. The current commercial
trip limit for Gulf greater amberjack is
1,000 lb (454 kg), gutted weight; 1,040
lb (474 kg), round weight, until 75
percent of the commercial quota
(commercial ACT) is reached. After 75
percent of the commercial quota is
reached or projected to be reached, the
trip limit is reduced to 250 lb (113 kg),
gutted weight; 260 lb (118 kg), round
weight.
The 2024 commercial fishing season
opens on January 1 and with the current
trip limit, NMFS projects that
commercial landings would reach the
reduced commercial ACT in early
February, requiring a closure for the
remainder of the year. If the 7-fish trip
limit were in place by January 1, 2024,
NMFS projects the commercial fishing
season would be open through the end
of February when a 3-month seasonal
closure begins, and re-open for part of
June when the season reopens June 1.
Council Emergency Action Request
At its October 2023 meeting, the
Council discussed concerns raised by its
Reef Fish Advisory Panel about the
impact of the required reduction to the
2024 commercial catch limits as a result
of landings exceeding the ACL in 2023.
The Council expressed concern about
NMFS’ ability to constrain landings to
the reduced catch limits when the
commercial season opens in January
and the potential for additional
commercial overages in 2024 further
reducing harvest for 2025. The reduced
commercial trip limit in the Framework
Action, if implemented, would not be
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effective until spring of 2024. Therefore,
the Council requested that NMFS
implement an emergency action to
reduce the Gulf greater amberjack
commercial trip limit to 7 fish effective
January 1, 2024. The Council and NMFS
expect this lower trip limit to benefit the
greater amberjack stock by increasing
the duration of the open season, which
is expected to result in fewer regulatory
discards (i.e., discards required after the
quota has been reached). The reduced
trip limit is also expected to shift the
commercial greater amberjack harvest to
an incidental catch only fishery for
fishermen who currently target Gulf
greater amberjack commercially under a
higher trip limit, reducing the
likelihood of race-to-fish (derby) fishing,
which will allow NMFS to better
determine when the commercial ACT
will be reached and prohibit further
harvest during the fishing year.
Criteria and Justification for Emergency
Action
NMFS’ Policy Guidelines for the Use
of Emergency Rules (62 FR 44421,
August 21, 1997) list three criteria for
determining whether an emergency
exists. Specifically, NMFS’ policy
guidelines require that an emergency:
‘‘(1) Result from recent, unforeseen
events or recently discovered
circumstances; and (2) Present serious
conservation or management problems
in the fishery; and (3) Can be addressed
through emergency regulations for
which the immediate benefits outweigh
the value of advance notice, public
comment, and deliberative
consideration of the impacts on
participants to the same extent as would
be expected under the normal
rulemaking process.’’ NMFS issues this
emergency action in compliance with
these guidelines to prevent serious
conservation issues to the stock that
would increase the probability of not
meeting the rebuilding timeline of 2027.
With respect to the first criterion, the
recently discovered circumstance is the
extent of the overage of the commercial
ACL in 2023 and the impact the
required commercial ACT overage
adjustment (payback) will have on the
2024 season. The Gulf greater amberjack
stock has been under a rebuilding plan
since 2003. The recent change to the
rebuilding plan in Amendment 54 was
implemented in June 2023 and resulted
in a significant reduction in the catch
limits. This reduction caused the
commercial ACL to be exceeded earlier
in the 2023 fishing year, thus requiring
a commercial ACL and ACT payback
and lower commercial catch levels in
2024. At the time of the Council’s
request for the emergency action, it
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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations
appeared that the required reduction in
the commercial catch limits would
result in a 2024 commercial season as
short as 2 weeks. After further review,
NMFS determined that if no change
were made to the trip limit, the
commercial season would likely close at
the end of January or beginning of
February. However, there is substantial
uncertainty in the projections because it
is unclear whether the shorter season
will induce fishermen to increase effort.
NMFS expects the reduced trip limit
implemented though the emergency
action to slow harvest by lowering the
financial incentive to target greater
amberjack and engage in derby fishing,
and increase the length of the 2024
commercial fishing season by 4–5
weeks. In combination with the fixed
seasonal closure, which occurs March
through May, commercial fishing could
occur from January through February
and then into June.
The second criterion, which requires
a serious conservation or management
problem in the fishery, is satisfied
because the uncertainty associated with
projecting when to close fishing under
the current trip limit increases the
likelihood of exceeding the reduced
ACT and ACL, which were required to
account for the excess commercial
harvest in 2023. The Gulf greater
amberjack stock has been overfished
since the first assessment in 2000 and
various plans that have been
implemented to rebuild the stock have
not been successful. Amendment 54
significantly reduced catch levels to
rebuild the stock by the end of the
current rebuilding period in 2027.
Harvest in excess of these catch limits
increases the probability of not meeting
the established rebuilding time. NMFS
expects the reduced commercial trip
limit to eliminate trips targeting greater
amberjack because those trips would be
economically infeasible. This will
discourage derby fishing and increase
the length of the fishing season, which
would decrease regulatory discards and
allow NMFS more time to determine
when to prohibit further harvest in 2024
so as to not exceed the catch limits.
To address the third criterion, NMFS
has determined that because the next
commercial fishing season opens
January 1, 2024, the immediate benefits
of reducing the trip limit through an
emergency action outweigh the value of
advance notice and public comment. By
foregoing the notice and comment
rulemaking, this emergency action will
be able to fulfill its intent by slowing
commercial harvest, eliminating the
incentive to engage in derby fishing,
which can result in unsafe fishing
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16:02 Dec 15, 2023
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conditions, and reducing the likelihood
of exceeding the reduced catch limits.
Emergency Measures
This final temporary rule revises the
commercial trip limit for Gulf greater
amberjack. It reduces the Gulf greater
amberjack commercial trip limit to 7
fish from the current trip limit of 1,000
lb (454 kg), gutted weight, 1,040 lb (472
kg), round weight, with a step down in
the trip limit to 250 lb (113 kg), gutted
weight, 260 lb (118 kg), round weight,
when 75 percent of the commercial ACT
has been landed. The commercial trip
limit will be effective for 180 days after
publication in the Federal Register, as
authorized by section 305(c) of the
Magnuson-Stevens Act, or until
superseded by another Federal action.
This temporary final rule for emergency
action will not be extended because
NMFS expects the commercial ACT to
be reached and the 2024 commercial
season to be closed prior to the
expiration of this rule. If this temporary
rule were to expire prior to the
commercial closure, fishing that could
occur until the quota was reached
would be under the reduced limit
(stepdown) of 250 lb (113 kg), gutted
weight, per trip (equivalent of
approximately 8 fish). Therefore, an
extension of this temporary final rule
will be unnecessary.
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.
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). Providing prior notice
and opportunity for public comment on
this action would be contrary to the
public interest.
In June 2023, NMFS implemented
Amendment 54, which significantly
reduced the Gulf greater amberjack
catch levels in order to rebuild the
stock. Commercial landings exceeded
the 2023 commercial ACL, requiring a
reduction of the commercial ACT and
ACL for the 2024 fishing year. In
October 2023, the Council voted to
request that NMFS implement this
emergency action to reduce the
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87367
commercial trip limit as of January 1,
2024, consistent with its
recommendation in the Framework
Action approved at that same meeting.
NMFS received the Council’s request for
emergency action on November 3, 2023,
and therefore could not have acted
sooner.
This change in the commercial trip
limit requires immediate
implementation. If NMFS were to
provide prior notice and comment,
NMFS would be unable to implement
the change by January 1, 2024, which
would increase the likelihood of
exceeding the reduced catch limits that
are necessary to rebuild the Gulf greater
amberjack stock.
Maintaining the current 1,000 lb (454
kg), gutted weight, trip limit for the
2024 fishing year may induce fishermen
who still target Gulf greater amberjack to
increase their rate of harvest when the
commercial season opens on January 1,
2024. This would increase the
uncertainty for NMFS in projecting
when to prohibit further commercial
harvest and result in commercial
landings in excess of the 2024 catch
limits, which increases the probability
of not meeting the established
rebuilding time. The shorter open
season that would occur under the 1,000
lb (454 kg), gutted weight, trip limit,
would also increase the number of days
fishermen who incidentally catch Gulf
greater amberjack must discard the fish.
Therefore, the reduced commercial trip
limit must be implemented immediately
and prior notice and opportunity for
public comment would be contrary to
the public interest.
The need to implement these
measures immediately for the reasons
stated above also constitutes good cause
under authority contained in 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness of the rule.
This final temporary rule for
emergency action is exempt from the
procedures of the Regulatory Flexibility
Act because the rule is issued without
opportunity for prior notice and
opportunity for public comment
pursuant to 5 U.S.C. 553 or other law.
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing
season, Greater amberjack, Gulf of
Mexico, Reef fish.
Authority: 16 U.S.C. 1801 et seq.
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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations
Dated: December 12, 2023.
Samuel D. Rauch, III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
For the reasons set out in the
preamble, NMFS amends 50 CFR part
622 as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
2. In § 622.43:
■ a. Suspend paragraphs (a)(1) and (2);
and
■ b. Add paragraph (a)(3).
The addition reads as follows:
§ 622.43
Spencer Talmage, Fishery Policy
Analyst, (978) 281–9232.
[Docket No. 230810–0190; RTID 0648–
XD575]
SUPPLEMENTARY INFORMATION:
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Gulf of Maine Cod Trimester
Total Allowable Catch Area Closure
and Possession Limit Adjustments for
the Common Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; in-season
possession limit adjustment and area
closure.
■
This action prohibits
possession of Gulf of Maine cod by
common pool vessels through the end of
fishing year. This action also closes the
Gulf of Maine Cod Trimester Total
Allowable Catch Area to Northeast
multispecies common pool vessels
fishing with trawl gear, sink gillnet gear,
and longline/hook gear for Trimester 3
of fishing year 2023. These actions are
necessary because the common pool
fishery is projected to have achieved the
annual sub-annual catch limit and
caught more than 90 percent of its
Trimester 3 quota for Gulf of Maine cod.
This action is intended to prevent
overages of the common pool’s quota for
this stock.
DATES: The prohibition of cod
possession by common pool vessels is
effective December 15, 2023, through
April 30, 2024. The closure of the Gulf
SUMMARY:
Commercial trip limits.
*
*
*
*
*
(a) * * *
(3) Until the commercial quota
specified in § 622.39(a)(1)(v) is
reached—7 fish. See § 622.39(b) for the
limitations regarding greater amberjack
after the quota is reached.
*
*
*
*
*
[FR Doc. 2023–27714 Filed 12–15–23; 8:45 am]
BILLING CODE 3510–22–P
FOR FURTHER INFORMATION CONTACT:
50 CFR Part 648
AGENCY:
Authority: 16 U.S.C. 1801 et seq.
of Maine Cod Trimester Total Allowable
Catch Area is effective January 1, 2024,
through April 30, 2024.
This
temporary rule immediately prohibits
common pool vessel possession of Gulf
of Maine (GOM) cod through the end of
the fishing year on April 30, 2024, and
closes the GOM Cod Trimester Total
Allowable Catch (TAC) Area from
January 1, 2024, through April 30, 2024.
These actions are intended to prevent
the common pool fishery from
exceeding the common pool GOM cod
Third Trimester TAC and common pool
GOM cod annual sub-Annual Catch
Limit (sub-ACL).
Possession Prohibition for GOM Cod
Recently available fishing year 2023
catch information shows that as of
November 28, 2023, the Northeast
Multispecies Common Pool fishery has
caught 100 percent of its 10.6-metric ton
(mt) sub-ACL for GOM cod. Regulations
at 50 CFR 648.86(o)(1) provide that the
Regional Administrator may implement
or adjust the Days-at-Sea (DAS)
possession limit to prevent an
exceedance of the sub-ACL. In addition,
regulations at § 648.82(n)(2)(iii) require
a deduction of an amount equal to an
overage from the common pool’s subACL in the next fishing year. To prevent
a common pool overage of its 2023 subACL for GOM cod, effective December
15, 2023, the GOM cod possession and
trip limits are decreased to 0 pounds (lb)
(0 kilograms (kg)), and possession is
prohibited for all common pool vessels
(table 1).
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TABLE 1—NEW POSSESSION AND TRIP LIMITS FOR GOM COD
Permit type
Current possession/trip limits
Days-At-Sea (A DAS) ........
Handgear A ........................
Handgear B ........................
Small Vessel Category ......
50 lb (22.7 kg) per DAS, up to 100 lb (45.4 kg) per trip .................
50 lb (22.7 kg) per trip.
25 lb (11.3 kg) per trip.
150 lb (11.3 kg) per trip, within combined 300 lb (136.1 kg) trip
limit for cod, haddock, and yellowtail flounder.
Common pool groundfish vessels that
have declared their trip through the
Vessel Monitoring System (VMS) or the
interactive voice response system, and
crossed the VMS demarcation line prior
to December 15, 2023, are not subject to
the new possession and trip limits for
that trip.
Weekly quota monitoring reports for
the common pool fishery are on our
website at: https://www.greateratlantic.
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16:02 Dec 15, 2023
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New possession/trip limits
fisheries.noaa.gov/ro/fso/reports/h/
nemultispecies.html. We will continue
to monitor common pool catch through
vessel trip reports, dealer-reported
landings, VMS catch reports, and other
available information and, if necessary,
will make additional adjustments to
common pool management measures.
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0 lb (0 kg) per trip; Possession Prohibited.
Closure of the Gulf of Maine Cod
Trimester Total Allowable Catch Area
Federal regulations at
§ 648.82(n)(2)(ii) require the Regional
Administrator to close a common pool
Trimester TAC Area for a stock when 90
percent of the Trimester TAC is
projected to be caught. Based on
recently available catch information,
common pool vessel catch is projected
to exceed the GOM cod Trimester 3 TAC
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]]>Agencies
[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87365-87368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27714]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 231212-0300]
RIN 0648-BM73
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Emergency
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final temporary rule; emergency action.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final temporary rule to promulgate emergency
measures, due to recently discovered circumstances that present serious
conservation issues for the greater amberjack stock in the Gulf of
Mexico (Gulf). As requested by the Gulf of Mexico Fishery Management
Council (Council), NMFS issues this final temporary rule to reduce the
Gulf greater amberjack commercial trip limit. The final temporary rule
will be effective for 180 days unless superseded by subsequent
rulemaking. The purpose of this emergency action is to decrease the
likelihood of exceeding the commercial catch limits and extend the 2024
commercial fishing season.
DATES: This temporary rule is effective January 1, 2024, through June
15, 2024.
ADDRESSES: Electronic copies of the documents in support of this final
temporary rule for emergency action, which includes the Council's
letter to NMFS requesting the emergency action may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/emergency-rule-implement-reduced-commercial-trip-limits-gulf-mexico-greater-amberjack.
FOR FURTHER INFORMATION CONTACT: Dan Luers, 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
[[Page 87366]]
the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was
prepared by the 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).
Section 305(c) of the Magnuson-Stevens Act provides the legal authority
for the promulgation of emergency regulations (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 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.
Gulf greater amberjack has been under a rebuilding plan since 2003
(68 FR 39898, July 3, 2003). However, the stock has not rebuilt as
expected and NMFS has implemented several revisions to the rebuilding
plan. The most recent revision occurred in response to the Southeast
Data, Assessment, and Review (SEDAR) 70 assessment for Gulf greater
amberjack, which was completed in November 2020 and indicated that the
Gulf greater amberjack stock continued to be overfished and undergoing
overfishing, but could rebuild by end of the current rebuilding time
(2027) with reduced yields. Therefore, the Council developed and NMFS
approved and implemented Amendment 54 to the FMP, which substantially
reduced the Gulf greater amberjack catch limits. NMFS published the
final rule reducing the catch limits on June 15, 2023 (88 FR 39193). On
June 18, 2023, NMFS prohibited further commercial harvest for the 2023
fishing year because commercial landings had exceeded the reduced
commercial annual catch target (ACT) and annual catch limit (ACL),
which are 93,930 lb (42,606 kg), round weight, and 101,000 lb (45,813
kg), round weight, respectively (88 FR 40121, June 21, 2023).
The Gulf greater amberjack commercial accountability measures (AMs)
require a closure of the sector when commercial landings reach or are
projected to reach the commercial ACT (commercial quota) (50 CFR
622.41(a)(1)). In addition, if commercial landings exceed the
commercial ACL, NMFS is required to reduce both the commercial ACL and
the commercial ACT for Gulf greater amberjack in the year following an
overage of the commercial ACL, by the amount of any commercial ACL
overage (50 CFR 622.41(a)(1)(ii)). Because 2023 commercial landings
exceeded the newly implemented commercial ACL, NMFS reduced the
commercial ACL and ACT for the 2024 fishing year, by the amount of the
2023 commercial ACL overage (88 FR 80995, November 21, 2023), which was
35,280 lb (16,003 kg), round weight.
At its October 2023 meeting, the Council approved a framework
action to modify the Gulf greater amberjack recreational fixed closed
season and the commercial trip limit (Framework Action). Within the
Framework Action, the Council recommended reducing the current
commercial trip limit to 7 fish as a result of the substantial catch
limit reductions implemented with Amendment 54 in order to extend the
commercial fishing season. As described in the Framework Action, a trip
limit of 7 fish is approximately equal to 210 lb (95 kg), gutted
weight; 218 lb (99 kg), round weight. The current commercial trip limit
for Gulf greater amberjack is 1,000 lb (454 kg), gutted weight; 1,040
lb (474 kg), round weight, until 75 percent of the commercial quota
(commercial ACT) is reached. After 75 percent of the commercial quota
is reached or projected to be reached, the trip limit is reduced to 250
lb (113 kg), gutted weight; 260 lb (118 kg), round weight.
The 2024 commercial fishing season opens on January 1 and with the
current trip limit, NMFS projects that commercial landings would reach
the reduced commercial ACT in early February, requiring a closure for
the remainder of the year. If the 7-fish trip limit were in place by
January 1, 2024, NMFS projects the commercial fishing season would be
open through the end of February when a 3-month seasonal closure
begins, and re-open for part of June when the season reopens June 1.
Council Emergency Action Request
At its October 2023 meeting, the Council discussed concerns raised
by its Reef Fish Advisory Panel about the impact of the required
reduction to the 2024 commercial catch limits as a result of landings
exceeding the ACL in 2023. The Council expressed concern about NMFS'
ability to constrain landings to the reduced catch limits when the
commercial season opens in January and the potential for additional
commercial overages in 2024 further reducing harvest for 2025. The
reduced commercial trip limit in the Framework Action, if implemented,
would not be effective until spring of 2024. Therefore, the Council
requested that NMFS implement an emergency action to reduce the Gulf
greater amberjack commercial trip limit to 7 fish effective January 1,
2024. The Council and NMFS expect this lower trip limit to benefit the
greater amberjack stock by increasing the duration of the open season,
which is expected to result in fewer regulatory discards (i.e.,
discards required after the quota has been reached). The reduced trip
limit is also expected to shift the commercial greater amberjack
harvest to an incidental catch only fishery for fishermen who currently
target Gulf greater amberjack commercially under a higher trip limit,
reducing the likelihood of race-to-fish (derby) fishing, which will
allow NMFS to better determine when the commercial ACT will be reached
and prohibit further harvest during the fishing year.
Criteria and Justification for Emergency Action
NMFS' Policy Guidelines for the Use of Emergency Rules (62 FR
44421, August 21, 1997) list three criteria for determining whether an
emergency exists. Specifically, NMFS' policy guidelines require that an
emergency: ``(1) Result from recent, unforeseen events or recently
discovered circumstances; and (2) Present serious conservation or
management problems in the fishery; and (3) Can be addressed through
emergency regulations for which the immediate benefits outweigh the
value of advance notice, public comment, and deliberative consideration
of the impacts on participants to the same extent as would be expected
under the normal rulemaking process.'' NMFS issues this emergency
action in compliance with these guidelines to prevent serious
conservation issues to the stock that would increase the probability of
not meeting the rebuilding timeline of 2027.
With respect to the first criterion, the recently discovered
circumstance is the extent of the overage of the commercial ACL in 2023
and the impact the required commercial ACT overage adjustment (payback)
will have on the 2024 season. The Gulf greater amberjack stock has been
under a rebuilding plan since 2003. The recent change to the rebuilding
plan in Amendment 54 was implemented in June 2023 and resulted in a
significant reduction in the catch limits. This reduction caused the
commercial ACL to be exceeded earlier in the 2023 fishing year, thus
requiring a commercial ACL and ACT payback and lower commercial catch
levels in 2024. At the time of the Council's request for the emergency
action, it
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appeared that the required reduction in the commercial catch limits
would result in a 2024 commercial season as short as 2 weeks. After
further review, NMFS determined that if no change were made to the trip
limit, the commercial season would likely close at the end of January
or beginning of February. However, there is substantial uncertainty in
the projections because it is unclear whether the shorter season will
induce fishermen to increase effort. NMFS expects the reduced trip
limit implemented though the emergency action to slow harvest by
lowering the financial incentive to target greater amberjack and engage
in derby fishing, and increase the length of the 2024 commercial
fishing season by 4-5 weeks. In combination with the fixed seasonal
closure, which occurs March through May, commercial fishing could occur
from January through February and then into June.
The second criterion, which requires a serious conservation or
management problem in the fishery, is satisfied because the uncertainty
associated with projecting when to close fishing under the current trip
limit increases the likelihood of exceeding the reduced ACT and ACL,
which were required to account for the excess commercial harvest in
2023. The Gulf greater amberjack stock has been overfished since the
first assessment in 2000 and various plans that have been implemented
to rebuild the stock have not been successful. Amendment 54
significantly reduced catch levels to rebuild the stock by the end of
the current rebuilding period in 2027. Harvest in excess of these catch
limits increases the probability of not meeting the established
rebuilding time. NMFS expects the reduced commercial trip limit to
eliminate trips targeting greater amberjack because those trips would
be economically infeasible. This will discourage derby fishing and
increase the length of the fishing season, which would decrease
regulatory discards and allow NMFS more time to determine when to
prohibit further harvest in 2024 so as to not exceed the catch limits.
To address the third criterion, NMFS has determined that because
the next commercial fishing season opens January 1, 2024, the immediate
benefits of reducing the trip limit through an emergency action
outweigh the value of advance notice and public comment. By foregoing
the notice and comment rulemaking, this emergency action will be able
to fulfill its intent by slowing commercial harvest, eliminating the
incentive to engage in derby fishing, which can result in unsafe
fishing conditions, and reducing the likelihood of exceeding the
reduced catch limits.
Emergency Measures
This final temporary rule revises the commercial trip limit for
Gulf greater amberjack. It reduces the Gulf greater amberjack
commercial trip limit to 7 fish from the current trip limit of 1,000 lb
(454 kg), gutted weight, 1,040 lb (472 kg), round weight, with a step
down in the trip limit to 250 lb (113 kg), gutted weight, 260 lb (118
kg), round weight, when 75 percent of the commercial ACT has been
landed. The commercial trip limit will be effective for 180 days after
publication in the Federal Register, as authorized by section 305(c) of
the Magnuson-Stevens Act, or until superseded by another Federal
action. This temporary final rule for emergency action will not be
extended because NMFS expects the commercial ACT to be reached and the
2024 commercial season to be closed prior to the expiration of this
rule. If this temporary rule were to expire prior to the commercial
closure, fishing that could occur until the quota was reached would be
under the reduced limit (stepdown) of 250 lb (113 kg), gutted weight,
per trip (equivalent of approximately 8 fish). Therefore, an extension
of this temporary final rule will be unnecessary.
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.
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). Providing prior notice and opportunity for
public comment on this action would be contrary to the public interest.
In June 2023, NMFS implemented Amendment 54, which significantly
reduced the Gulf greater amberjack catch levels in order to rebuild the
stock. Commercial landings exceeded the 2023 commercial ACL, requiring
a reduction of the commercial ACT and ACL for the 2024 fishing year. In
October 2023, the Council voted to request that NMFS implement this
emergency action to reduce the commercial trip limit as of January 1,
2024, consistent with its recommendation in the Framework Action
approved at that same meeting. NMFS received the Council's request for
emergency action on November 3, 2023, and therefore could not have
acted sooner.
This change in the commercial trip limit requires immediate
implementation. If NMFS were to provide prior notice and comment, NMFS
would be unable to implement the change by January 1, 2024, which would
increase the likelihood of exceeding the reduced catch limits that are
necessary to rebuild the Gulf greater amberjack stock.
Maintaining the current 1,000 lb (454 kg), gutted weight, trip
limit for the 2024 fishing year may induce fishermen who still target
Gulf greater amberjack to increase their rate of harvest when the
commercial season opens on January 1, 2024. This would increase the
uncertainty for NMFS in projecting when to prohibit further commercial
harvest and result in commercial landings in excess of the 2024 catch
limits, which increases the probability of not meeting the established
rebuilding time. The shorter open season that would occur under the
1,000 lb (454 kg), gutted weight, trip limit, would also increase the
number of days fishermen who incidentally catch Gulf greater amberjack
must discard the fish. Therefore, the reduced commercial trip limit
must be implemented immediately and prior notice and opportunity for
public comment would be contrary to the public interest.
The need to implement these measures immediately for the reasons
stated above also constitutes good cause under authority contained in 5
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of the
rule.
This final temporary rule for emergency action is exempt from the
procedures of the Regulatory Flexibility Act because the rule is issued
without opportunity for prior notice and opportunity for public comment
pursuant to 5 U.S.C. 553 or other law. Accordingly, no regulatory
flexibility analysis is required and none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing season, Greater amberjack, Gulf of
Mexico, Reef fish.
Authority: 16 U.S.C. 1801 et seq.
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Dated: December 12, 2023.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.43:
0
a. Suspend paragraphs (a)(1) and (2); and
0
b. Add paragraph (a)(3).
The addition reads as follows:
Sec. 622.43 Commercial trip limits.
* * * * *
(a) * * *
(3) Until the commercial quota specified in Sec. 622.39(a)(1)(v)
is reached--7 fish. See Sec. 622.39(b) for the limitations regarding
greater amberjack after the quota is reached.
* * * * *
[FR Doc. 2023-27714 Filed 12-15-23; 8:45 am]
BILLING CODE 3510-22-P
