59810 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 200124–0029] 

RTID 0648–XD218 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 2023 

Red Snapper Private Angling 

Component Closure in Federal Waters 

Off Texas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces a closure 

for the 2023 fishing season for the red 

snapper 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 

closes on September 2, 2023 until 12:01 

a.m., local time, on January 1, 2024. 

This closure is necessary to prevent the 

private angling component from 

exceeding the Texas regional 

management area annual catch limit 

(ACL) and to prevent overfishing of the 

Gulf red snapper resource. 

DATES: This closure is effective from 

12:01 a.m., local time, on September 2, 

2023 until 12:01 a.m., local time, on 

January 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Daniel 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 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. 

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 

allocate 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 notice 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 

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 21, 2022, NMFS 

received a request from the Texas Parks 

and Wildlife Department (TPWD) to 

close the EEZ off Texas to the red 

snapper private angling component for 

the first part of the 2023 fishing year. 

Texas requested that the closure be 

effective from January 1, 2023, until 

June 1, 2023. NMFS determined that the 

TPWD request was within the scope of 

analysis contained within Amendment 

50A, and subsequently published a 

temporary rule in the Federal Register 

implementing that closure request (87 

FR 74013, December 2, 2022). In that 

temporary rule, NMFS noted that TPWD 

would monitor private recreational 

landings, and if necessary, request that 

NMFS again close the EEZ in 2023 to 

ensure the Texas regional management 

area ACL is not exceeded. 

On August 24, 2023, NMFS received 

a new request from the TPWD to close 

the EEZ off Texas to the red snapper 

private angling component for the 

remainder of the 2023 fishing year. 

Texas requested that the closure be 

effective on September 2, 2023, through 

the end of the 2023 fishing year. NMFS 

has determined that this request is 

within the scope of analysis contained 

within Amendment 50A, which 

analyzed the potential impacts of a 

closure of all Federal waters off Texas 

when a portion of the Texas quota has 

been landed. As explained in 

Amendment 50A, Texas intends to 

maintain a year-round fishing season in 

state waters, during which the 

remaining part of Texas’ ACL could be 

caught. 

Therefore, the red snapper 

recreational private angling component 

in the Gulf EEZ off Texas will close 

from 12:01 a.m., local time, on 

September 2, 2023, until 12:01 a.m., 

local time, on January 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. 

On and after the effective dates of the 

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 

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 rule implementing the area 

closure authority and the state-specific 

private angling ACLs has already been 

subject to notice and comment, and all 

that remains is to notify the public of 

the closure. Such procedures are 

contrary to the public interest because a 

failure to implement the closure 

immediately would be inconsistent with 

Texas’s State management plan and may 

result in less access to red snapper in 

State waters. 

For the aforementioned reasons, there 

is 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. 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 59811 

Dated: August 25, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–18764 Filed 8–29–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD264] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure; request for comments. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters) length 

overall (LOA) using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands Management Area (BSAI). This 

action is necessary to fully use the 2023 

total allowable catch of Pacific cod 

allocated to catcher vessels less than 60 

feet (18.3 meters) LOA using hook-andline or pot gear in the BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 1, 2023, 

through 2400 hours, A.l.t., December 31, 

2023. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 14, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by docket 

number NOAA–NMFS–2022–0094, by 

any of the following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0094 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Mail: Submit written comments to 

Gretchen Harrington, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS. Mail 

comments to P.O. Box 21668, Juneau, 

AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR parts 600 

and 679. 

NMFS closed directed fishing for 

Pacific cod by catcher vessels less than 

60 feet (18.3 meters) LOA using hookand-line or pot gear in the BSAI under 

§ 679.20(d)(1)(iii) on January 16, 2023 

(88 FR 3318, January 19, 2023). 

NMFS has determined that as of 

August 24, 2023, approximately 1,400 

metric tons of Pacific cod remain in the 

2023 Pacific cod apportionment for 

catcher vessels less than 60 feet (18.3 

meters) LOA using hook-and-line or pot 

gear in the BSAI. Therefore, in 

accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 

use the 2023 total allowable catch (TAC) 

of Pacific cod in the BSAI, NMFS is 

terminating the previous closure and is 

opening directed fishing for Pacific cod 

by catcher vessels less than 60 feet (18.3 

meters) LOA using hook-and-line or pot 

gear in the BSAI. The Administrator, 

Alaska Region, NMFS, (Regional 

Administrator) considered the following 

factors in reaching this decision: (1) the 

current catch of Pacific cod by catcher 

vessels less than 60 feet (18.3 meters) 

LOA using hook-and-line or pot gear in 

the BSAI and, (2) the harvest capacity 

and stated intent on future harvesting 

patterns of vessels in participating in 

this fishery. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was 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 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion, 

and would delay the opening of directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters) LOA 

using hook-and-line or pot gear in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of August 24, 2023. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific cod by catcher vessels less than 

60 feet (18.3 meters) LOA using hookand-line or pot gear in the BSAI to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address (see ADDRESSES) until 

September 14, 2023. 

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

Dated: August 25, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–18746 Filed 8–29–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD250] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure; request for comments. 


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