[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59810-59811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18764]



[[Page 59810]]

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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.

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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: <a href="/cdn-cgi/l/email-protection#7b1f1a15121e1755170e1e09083b15141a1a551c140d"><span class="__cf_email__" data-cfemail="086c6966616d6426647d6d7a7b4866676969266f677e">[email protected]</span></a>.

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[deg]32.1'' N lat., 93[deg]47.7'' W long. to 26[deg]11.4'' N 
lat., 92[deg]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.


[[Page 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


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