Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; 2024 Recreational Harvest Closure for Gag, 53883-53884 [2024-14225]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Rules and Regulations Atlantic Federal waters to protect the gag resource from overfishing. DATES: This temporary rule is effective from 12:01 a.m. local time June 30, 2024, through December 31, 2024. 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 FMP was prepared by the South Atlantic Fishery Management Council and NMFS, and is implemented by NMFS under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All weights in this temporary rule are in gutted weight. On October 23, 2023, NMFS implemented the final rule for Amendment 53 to the FMP (88 FR 65135, September 21, 2023). Among other measures for gag, the final rule specified the commercial annual catch limit (ACL) in 2024 at 128,096 pounds (lb) or 58,103 kilograms (kg) [50 CFR 622.190(a)(7)(ii)]. However, on April 26, 2024, NMFS implemented an accountability measure (AM) for the commercial harvest of gag, because commercial landings in 2023 exceeded the commercial ACL that year (89 FR 21214, March 27, 2024). The commercial AM reduced the commercial ACL of gag for the 2024 fishing year to 62,922 lb (28,541 kg). Under 50 CFR 622.193(c)(1)(i), NMFS is required to close the commercial sector for the harvest of gag during the rest of the fishing year when its ACL, which is equivalent to the commercial quota specified in § 622.190(a)(7), has been reached or is projected to be reached. NMFS projects that commercial landings of gag will reach the adjusted commercial quota for the 2024 fishing year. Therefore, the commercial sector of gag is closed beginning June 30, 2024, and will remain closed through December 31, 2024. The recreational harvest of gag in the South Atlantic is also closed for the rest of 2024 (89 FR 19513, March 19, 2024). Therefore, gag may not be harvested or possessed in or from South Atlantic Federal waters during this commercial closure, and the sale or purchase of gag from the South Atlantic is prohibited. These prohibitions apply to any person on a vessel issued a Federal commercial or charter vessel/headboat permit for VerDate Sep<11>2014 15:52 Jun 27, 2024 Jkt 262001 South Atlantic snapper-grouper in South Atlantic Federal waters or state waters. The prohibition on sale or purchase does not apply to gag that were harvested, landed ashore, and sold before the effective period of this commercial closure, and were held in cold storage by a dealer or processor [50 CFR 622.190(c)(1)(i)]. The operator of a vessel with a valid Federal commercial vessel permit for South Atlantic snapper-grouper with gag on the vessel must have landed and bartered, traded, or sold such gag before June 30, 2024. The 2025 fishing season for the commercial harvest of South Atlantic gag opens again on May 1, 2025 [50 CFR 622.183(b)(1)]. DEPARTMENT OF COMMERCE Classification SUMMARY: NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(c)(1)(i), issued pursuant to section 304(b), 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 are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the commercial closure of the gag have already been subject to notice and public comment, and all that remains is to notify the public of the closure. Prior notice and opportunity for public comment on this action is contrary to the public interest because of the need to immediately implement the commercial closure to protect the gag resource in the South Atlantic. The capacity of the commercial fishing fleet allows for rapid harvest of the commercial quota, and any delay in the closure could result in the exceedance of the applicable quota. Prior notice and opportunity for public comment would require time and would potentially result in a harvest that exceeds the commercial quota. For the reasons just stated, NMFS 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: June 25, 2024. Lindsay Fullenkamp, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–14332 Filed 6–25–24; 4:15 pm] BILLING CODE 3510–22–P PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 53883 National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 240506–0129; RTID 0648– XE036] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; 2024 Recreational Harvest Closure for Gag National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for the gag recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2024 fishing year. NMFS has projected that the 2024 recreational annual catch target (ACT) for gag will be reached by September 16, 2024. Therefore, NMFS closes the recreational sector for Gulf gag on September 16, 2024, and it will remain closed through the end of the fishing year on December 31, 2024. This closure is necessary to protect the Gulf gag resource. This temporary rule is effective from 12:01 a.m. local time on September 16, 2024, through December 31, 2024. FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional Office, 727–824–5305, frank.helies@ noaa.gov. DATES: NMFS manages the Gulf reef fish fishery that includes gag under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP, which was approved by the Secretary of Commerce, and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR part 622. All weights described in this temporary rule are in gutted weight. On June 1, 2024, NMFS implemented a final rule for Amendment 56 to the FMP that modified management of gag in the Gulf EEZ (89 FR 40419, May 10, 2024). For gag, that final rule revised the commercial and recreational catch levels, the recreational AMs, and the recreational fishing season. For the recreational sector, the revised recreational annual catch limit (ACL) for SUPPLEMENTARY INFORMATION: E:\FR\FM\28JNR1.SGM 28JNR1 khammond on DSKJM1Z7X2PROD with RULES 53884 Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Rules and Regulations 2024 is 288,000 pounds (lb) (130,635 kilograms (kg)), and the recreational ACT is 230,000 lb (104,326 kg) (50 CFR 622.41(d)(2)(i)). These catch limits are based on the projections from the most recent stock assessment, which included estimates of recreational landings in Florida derived from and the Florida Fish and Wildlife Conservation Commission’s State Reef Fish Survey (SRFS). The revised recreational AM states that if recreational landings reach or are projected to reach the applicable recreational ACT, then NMFS will close the recreational sector for the remainder of the fishing year (50 CFR 622.41(d)(2)(ii)). The recreational AMs also state that if NMFS estimates that gag recreational landings have exceeded the applicable recreational ACL and gag is overfished, then in the following fishing year, the recreational ACL and recreational ACT will be reduced by the amount of the recreational ACL overage in the prior fishing year unless the best scientific information available determines that greater, lesser, or no overage adjustment is necessary (50 CFR 622.41(d)(2)(iii)). The final rule also implemented a seasonal closure of the gag recreational sector to prohibit harvest annually from January 1 through August 31 in the Gulf EEZ (50 CFR 622.34(e)). In 2023, NMFS implemented a temporary rule to reduce overfishing of gag while the Gulf of Mexico Fishery Management Council developed Amendment 56 (88 FR 27701, May 3, 2023; 88 FR 69553, October 6, 2023). The temporary rule reduced the 2023 recreational ACL for gag to 403,759 lb (183,142 kg). The 2023 recreational ACL was derived, in part, using landings estimates for Florida from the Marine Recreational Information Program (MRIP) Fishing Effort Survey (FES). Final 2023 landings estimates from MRIP–FES were 737,706 lb (334,618 kg). Because the catch limits in the final rule for Amendment 56 were derived, in part, using estimates from SRFS, these catch limits are not directly comparable to the 2023 catch limits. To determine the magnitude of the 2023 overage as compared to the 2024 ACL, NMFS calibrated the 2023 recreational ACL and recreational landings to be consistent with the estimates produced by SRFS. This calibration results in a 2023 recreational ACL of 211,588 lb (95,975 kg) and 2023 recreational landings of 336,182 lb (152,490 kg), which exceed the ACL by 124,624 lb (56,528 kg). Therefore consistent with the recreational AM at 50 CFR 622.41(d)(2)(iii) the 2024 recreational ACL and ACT are reduced by the VerDate Sep<11>2014 15:52 Jun 27, 2024 Jkt 262001 amount of the 2023 recreational ACL overage. For the 2024 fishing year, the resulting adjusted recreational ACL is 163,376 lb (74,106 kg) and the adjusted recreational ACT is 105,376 lb (47,798 kg). The 2024 recreational fishing season opens on September 1, and NMFS projects that the 2024 adjusted recreational ACT for Gulf gag of 105,376 lb (47,798 kg) will be reached as of September 16, 2024. This closure date is based on projected harvest rates using recreational landings from 2020 through 2023, and the evaluation of five scenarios that generated closure dates ranging from September 13, 2024, to September 22, 2024. To increase the likelihood of constraining harvest to the 2024 adjusted recreational ACT, NMFS is acting conservatively by implementing a closure date near the low end of the projections. Accordingly, this temporary rule closes the recreational sector for Gulf gag effective at 12:01 a.m., local time, on September 16, 2024, through the end of the fishing year on December 31, 2024. During the recreational closure, the bag and possession limits of gag in or from the Gulf EEZ are zero. The prohibition on possession of gag also applies in state waters of the Gulf for any vessel issued a valid Federal charter vessel/headboat permit for Gulf reef fish. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.41(d)(2)(ii) and (iii), which were 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 are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the closure of recreational harvest of gag at 50 CFR 622.41(d)(2)(ii) and the reduction of the gag recreational ACL and ACT at 50 CFR 622.41(d)(2)(iii) have already been subject to notice and public comment, and all that remains is to notify the public of the closure based on the adjusted ACT. Prior notice and opportunity for public comment are contrary to the public interest. Prior notice and opportunity for public comment would require time and many of those affected by the length of the recreational fishing seasons, particularly for-hire operations that book trips for PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 clients in advance, need as much notice as NMFS is able to provide to adjust their business plans to account for changes to the recreational fishing season. Authority: 16 U.S.C. 1801 et seq. Dated: June 24, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–14225 Filed 6–25–24; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 231215–0305; RTID 0648– XE067] Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From Virginia to Massachusetts National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. AGENCY: NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2024 commercial summer flounder quota to the Commonwealth of Massachusetts. This adjustment to the 2024 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) quota transfer provisions. This announcement informs the public of the revised 2024 commercial quotas for Virginia and Massachusetts. DATES: Effective June 27, 2024, through December 31, 2024. FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management Specialist, (978) 281–9184. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found in 50 CFR 648.100 through 648.111. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102, and the final 2024 allocations were published on December 21, 2023 (88 FR 88266). The final rule implementing amendment 5 to the FMP, as published in the Federal Register on December 17, SUMMARY: E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Rules and Regulations]
[Pages 53883-53884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14225]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 240506-0129; RTID 0648-XE036]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Resources of the Gulf of Mexico; 2024 Recreational Harvest 
Closure for Gag

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

ACTION: Temporary rule; closure.

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

SUMMARY: NMFS implements an accountability measure (AM) for the gag 
recreational sector in the exclusive economic zone (EEZ) of the Gulf of 
Mexico (Gulf) for the 2024 fishing year. NMFS has projected that the 
2024 recreational annual catch target (ACT) for gag will be reached by 
September 16, 2024. Therefore, NMFS closes the recreational sector for 
Gulf gag on September 16, 2024, and it will remain closed through the 
end of the fishing year on December 31, 2024. This closure is necessary 
to protect the Gulf gag resource.

DATES: This temporary rule is effective from 12:01 a.m. local time on 
September 16, 2024, through December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, 727-824-5305, [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery that 
includes gag under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The Gulf of Mexico Fishery 
Management Council (Council) prepared the FMP, which was approved by 
the Secretary of Commerce, and is implemented by NMFS under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) through regulations at 50 CFR part 622. All 
weights described in this temporary rule are in gutted weight.
    On June 1, 2024, NMFS implemented a final rule for Amendment 56 to 
the FMP that modified management of gag in the Gulf EEZ (89 FR 40419, 
May 10, 2024). For gag, that final rule revised the commercial and 
recreational catch levels, the recreational AMs, and the recreational 
fishing season. For the recreational sector, the revised recreational 
annual catch limit (ACL) for

[[Page 53884]]

2024 is 288,000 pounds (lb) (130,635 kilograms (kg)), and the 
recreational ACT is 230,000 lb (104,326 kg) (50 CFR 622.41(d)(2)(i)). 
These catch limits are based on the projections from the most recent 
stock assessment, which included estimates of recreational landings in 
Florida derived from and the Florida Fish and Wildlife Conservation 
Commission's State Reef Fish Survey (SRFS). The revised recreational AM 
states that if recreational landings reach or are projected to reach 
the applicable recreational ACT, then NMFS will close the recreational 
sector for the remainder of the fishing year (50 CFR 622.41(d)(2)(ii)). 
The recreational AMs also state that if NMFS estimates that gag 
recreational landings have exceeded the applicable recreational ACL and 
gag is overfished, then in the following fishing year, the recreational 
ACL and recreational ACT will be reduced by the amount of the 
recreational ACL overage in the prior fishing year unless the best 
scientific information available determines that greater, lesser, or no 
overage adjustment is necessary (50 CFR 622.41(d)(2)(iii)). The final 
rule also implemented a seasonal closure of the gag recreational sector 
to prohibit harvest annually from January 1 through August 31 in the 
Gulf EEZ (50 CFR 622.34(e)).
    In 2023, NMFS implemented a temporary rule to reduce overfishing of 
gag while the Gulf of Mexico Fishery Management Council developed 
Amendment 56 (88 FR 27701, May 3, 2023; 88 FR 69553, October 6, 2023). 
The temporary rule reduced the 2023 recreational ACL for gag to 403,759 
lb (183,142 kg). The 2023 recreational ACL was derived, in part, using 
landings estimates for Florida from the Marine Recreational Information 
Program (MRIP) Fishing Effort Survey (FES). Final 2023 landings 
estimates from MRIP-FES were 737,706 lb (334,618 kg).
    Because the catch limits in the final rule for Amendment 56 were 
derived, in part, using estimates from SRFS, these catch limits are not 
directly comparable to the 2023 catch limits. To determine the 
magnitude of the 2023 overage as compared to the 2024 ACL, NMFS 
calibrated the 2023 recreational ACL and recreational landings to be 
consistent with the estimates produced by SRFS. This calibration 
results in a 2023 recreational ACL of 211,588 lb (95,975 kg) and 2023 
recreational landings of 336,182 lb (152,490 kg), which exceed the ACL 
by 124,624 lb (56,528 kg). Therefore consistent with the recreational 
AM at 50 CFR 622.41(d)(2)(iii) the 2024 recreational ACL and ACT are 
reduced by the amount of the 2023 recreational ACL overage. For the 
2024 fishing year, the resulting adjusted recreational ACL is 163,376 
lb (74,106 kg) and the adjusted recreational ACT is 105,376 lb (47,798 
kg).
    The 2024 recreational fishing season opens on September 1, and NMFS 
projects that the 2024 adjusted recreational ACT for Gulf gag of 
105,376 lb (47,798 kg) will be reached as of September 16, 2024. This 
closure date is based on projected harvest rates using recreational 
landings from 2020 through 2023, and the evaluation of five scenarios 
that generated closure dates ranging from September 13, 2024, to 
September 22, 2024. To increase the likelihood of constraining harvest 
to the 2024 adjusted recreational ACT, NMFS is acting conservatively by 
implementing a closure date near the low end of the projections. 
Accordingly, this temporary rule closes the recreational sector for 
Gulf gag effective at 12:01 a.m., local time, on September 16, 2024, 
through the end of the fishing year on December 31, 2024.
    During the recreational closure, the bag and possession limits of 
gag in or from the Gulf EEZ are zero. The prohibition on possession of 
gag also applies in state waters of the Gulf for any vessel issued a 
valid Federal charter vessel/headboat permit for Gulf reef fish.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(d)(2)(ii) and 
(iii), which were 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 are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
closure of recreational harvest of gag at 50 CFR 622.41(d)(2)(ii) and 
the reduction of the gag recreational ACL and ACT at 50 CFR 
622.41(d)(2)(iii) have already been subject to notice and public 
comment, and all that remains is to notify the public of the closure 
based on the adjusted ACT. Prior notice and opportunity for public 
comment are contrary to the public interest. Prior notice and 
opportunity for public comment would require time and many of those 
affected by the length of the recreational fishing seasons, 
particularly for-hire operations that book trips for clients in 
advance, need as much notice as NMFS is able to provide to adjust their 
business plans to account for changes to the recreational fishing 
season.

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

    Dated: June 24, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-14225 Filed 6-25-24; 4:15 pm]
BILLING CODE 3510-22-P

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