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[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68497-68498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21914]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230914-0219]
RTID 0648-XD411

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2023 Commercial and Recreational Closures for Gag in the South Atlantic

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures for gag in the 
exclusive economic zone (EEZ) of the South Atlantic. NMFS estimates 
that both commercial and recreational landings of gag have reached the 
respective new commercial and recreational annual catch limits (ACLs) 
for the 2023 fishing year. Accordingly, NMFS will close both the 
commercial and recreational sectors for the harvest and possession of 
gag in the South Atlantic EEZ to protect the gag resource from 
overfishing.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
October 23, 2023, through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

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 
South Atlantic Fishery Management Council and NMFS prepared the FMP, 
and the FMP 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. All weights in this temporary rule 
are given in gutted weight.
    NMFS recently published the final rule to implement Amendment 53 to 
the FMP (88 FR 65135, September 21, 2023). For gag, Amendment 53 
reduced the sector ACLs, and revised commercial trip limits, 
recreational bag, vessel, and possession limits, and recreational 
accountability measures (AMs). For the 2023 fishing year, Amendment 53 
reduced the commercial ACL from 374,519 lb (169,879 kg) to 85,326 lb 
(38,703 kg) and reduced the recreational ACL from 359,832 lb (171,807 
kg) to 90,306 lb (40,962 kg). Amendment 53 also established a 
rebuilding plan for gag, and revised the overfishing levels, acceptable 
biological catch, annual optimum yield, and sector allocations for gag. 
The final rule for Amendment 53 is effective October 23, 2023.

Gag Commercial Sector

    On October 23, 2023, the revised commercial ACL (commercial quota) 
for the 2023 fishing year for gag will be 85,326 lb (38,703 kg). The 
commercial AM for gag requires NMFS to close the commercial sector when 
its ACL is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
NMFS estimates that for the 2023 fishing year, commercial landings of 
gag have reached, and already exceeded, the revised commercial ACL. 
Accordingly, the harvest and possession of South Atlantic gag for the 
commercial sector is closed effective at 12:01 a.m. eastern time on 
October 23, 2023, through December 31, 2023.
    During the commercial closure, the sale or purchase of gag taken 
from the South Atlantic EEZ is prohibited. The operator of a vessel 
with a valid Federal commercial vessel permit for South Atlantic 
snapper-grouper with gag on board must have landed and bartered, 
traded, or sold such gag before October 23, 2023. The prohibition on 
sale or purchase does not apply to the sale or purchase of gag that 
were harvested, landed ashore, and sold before October 23, 2023, and 
were held in cold storage by a dealer or processor. Additionally, the 
recreational bag and possession limits and the sale and purchase 
prohibitions for gag under the commercial closure apply in the South 
Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, regardless of whether the gag are harvested in state or 
Federal waters, as specified in 50 CFR 622.190(c)(1).
    Additionally, the commercial AM at 50 CFR 622.193(c)(1)(ii) 
specifies that if the commercial ACL is exceeded, and the combined 
commercial and recreational ACL specified at 50 CFR 622.193(c)(3) is 
exceeded, and gag are overfished, then NMFS will reduce the commercial 
ACL in the following fishing year by the amount of the commercial ACL 
overage in the prior fishing year. NMFS will evaluate whether it is 
necessary for the 2024 commercial ACL to be reduced by the amount of 
the 2023 commercial ACL overage once NMFS has finalized 2023 commercial 
landings information. If necessary, NMFS will publish a notice for any 
2024 commercial ACL reduction in the Federal Register.

Gag Recreational Sector

    On October 23, 2023, the revised recreational ACL for the 2023 
fishing year for gag will be 90,306 lb (40,962 kg). The recreational AM 
for gag requires NMFS to close the recreational sector when its ACL is 
reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register. NMFS estimates 
that for the 2023 fishing year, recreational landings of gag have 
reached and already exceeded the

[[Page 68498]]

revised recreational ACL. Accordingly, the harvest and possession of 
South Atlantic gag for the recreational sector is closed effective at 
12:01 a.m. eastern time on October 23, 2023, through December 31, 2023. 
During the recreational closure, the bag and possession limits for gag 
in or from the South Atlantic EEZ are zero.
    Additionally, the revised recreational AM at 50 CFR 
622.193(c)(2)(ii) as implemented through the final rule to implement 
Amendment 53 to the FMP (88 FR 65135, September 21, 2023), specifies 
that if the recreational ACL is exceeded, then NMFS will reduce the 
recreational fishing season in the following fishing year to prevent 
the recreational ACL from being exceeded, and NMFS will use the best 
scientific information available to determine if reducing the length of 
the recreational season is necessary. Therefore, once the 2023 
recreational landings information has been finalized, NMFS will 
evaluate if it is necessary for the 2024 recreational fishing season to 
be reduced based on 2023 landings. If a fishing season reduction is 
necessary, NMFS will publish a notice for any 2024 recreational fishing 
season reduction or associated recreational fishing season closure in 
the Federal Register.

January Through April Gag Seasonal Closure

    Additionally, a seasonal closure is in place for the commercial and 
recreational sectors for gag and associated grouper species from 
January through April each fishing year as specified in 50 CFR 
622.183(b)(1). During this seasonal closure for the recreational and 
commercial sectors for gag from January through April each fishing 
year, no person may fish for, harvest, or possess any gag in or from 
the South Atlantic EEZ. Therefore, the commercial and recreational 
harvest of gag will not commence until May 1, 2024.

Classification

    NMFS issues these actions pursuant to section 305(d) of the 
Magnuson-Stevens Act. These actions are required by 50 CFR 
622.193(c)(1)(i) and the revised measures at 50 CFR 622.193(c)(2)(i) as 
implemented through the final rule to implement Amendment 53 to the FMP 
(88 FR 65135, September 21, 2023), which were issued pursuant to 
section 304(b) of the Magnuson-Stevens Act, and are 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 these actions, as 
notice and comment are unnecessary and contrary to the public interest. 
Such procedures are unnecessary because the regulations associated with 
the closures of the gag commercial sector and the gag recreational 
sector have already been subject to notice and public comment, and all 
that remains is to notify the public of the sector closures. Prior 
notice and opportunity for public comment are contrary to the public 
interest because there is a need to implement these actions as soon as 
possible to protect gag, because the capacity of the fishing fleet 
allows for rapid harvest of the commercial and recreational ACLs. Prior 
notice and opportunity for public comment would require time and would 
potentially result in continued harvest in excess of the established 
commercial and recreational ACLs. Given the large reductions in the 
commercial and recreational harvest levels resulting from the 
implementation of Amendment 53, NMFS wants to provide as much notice of 
these sector closures as possible to allow fishers time to prepare for 
changes to their fishing seasons.
    For the reasons stated earlier, the Assistant Administrator 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: September 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-21914 Filed 9-29-23; 4:15 pm]
BILLING CODE 3510-22-P
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