Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 65627 

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

Dated: September 20, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–20715 Filed 9–20–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 160906822–7547–02; RTID 

0648–XD370] 

Snapper-Grouper Fishery of the South 

Atlantic; 2023 Recreational Harvest 

Closure of Hogfish Off Georgia, South 

Carolina, and North Carolina in the 

South Atlantic 

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 

recreational harvest of hogfish off 

Georgia, South Carolina, and North 

Carolina in the South Atlantic exclusive 

economic zone (EEZ). NMFS estimates 

that recreational landings of hogfish 

harvested off Georgia through North 

Carolina have exceeded the recreational 

annual catch limit (ACL). Therefore, 

NMFS closes the recreational sector for 

hogfish in the EEZ off Georgia through 

North Carolina to protect the hogfish 

resource. 

DATES: This temporary rule is effective 

from September 26, 2023, through 

December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

frank.helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery in the South 

Atlantic EEZ includes hogfish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The South Atlantic 

Fishery Management Council and 

NMFS prepared the FMP, and NMFS 

implements the FMP under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

In the South Atlantic EEZ, hogfish are 

managed as two separate stocks: one 

stock that exists off Georgia, South 

Carolina, and North Carolina (GeorgiaNorth Carolina), and another stock that 

exists off the Florida Keys and east 

Florida. This temporary rule applies 

only to the recreational harvest of 

hogfish in the EEZ off Georgia-North 

Carolina. 

The recreational ACL for hogfish off 

Georgia-North Carolina is 988 fish (50 

CFR 622.193(u)(1)(iii)(B)). The AMs for 

hogfish off Georgia-North Carolina 

require NMFS to close the recreational 

harvest for the remainder of the fishing 

year if landings reach or are projected to 

reach the recreational ACL (50 CFR 

622.193(u)(1)(ii)(A)). The NMFS 

Southeast Fisheries Science Center 

estimates that recreational landings of 

hogfish harvested from the EEZ off 

Georgia-North Carolina have reached 

and likely exceeded the recreational 

ACL. Therefore, this temporary rule 

implements the AM to close the 

recreational harvest of hogfish in the 

EEZ off Georgia-North Carolina for the 

remainder of the fishing year, which 

continues through December 31, 2023. 

During this recreational closure, the 

recreational bag and possession limits 

for hogfish off Georgia-North Carolina in 

or from South Atlantic EEZ are zero 

fish. 

The recreational harvest for hogfish 

off Georgia-North Carolina for the 2024 

fishing year will open again on January 

1. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.193(u)(1)(ii)(A), 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 that 

established the recreational ACL and 

AMs for hogfish was already 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 of the need 

to immediately implement this action to 

protect hogfish off Georgia-North 

Carolina. The recreational ACL for 

hogfish off Georgia-North Carolina in 

the South Atlantic has been reached and 

likely exceeded, and prior notice and 

opportunity for public comment would 

require more time and result in further 

recreational harvest in excess of the 

established ACL. 

For the reasons just stated, there is 

also 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: September 20, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–20705 Filed 9–20–23; 4:15 pm] 

BILLING CODE 3510–22–P 


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