68496 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

effective period of the 2023 temporary 

rule is 180 days and would end after 

October 29, 2023. However, NMFS 

intends to extend the interim measures 

for an additional 186 days. 

The interim measures reduced 

commercial and recreational catch 

limits for gag and revised the opening of 

the recreational season from June 1, 

2023, to September 1, 2023. Under the 

interim measures, gag has a recreational 

ACL of 403,759 lb (183,142 kg) and a 

recreational annual catch target (ACT) of 

362,374 lb (164,370 kg). The 2023 

recreational season for gag was 

scheduled to be open through November 

9, unless NMFS projected that the 

recreational ACL will be reached sooner 

and closes the recreational sector as 

required by the AMs specified in 50 

CFR 622.41(r)(2). 

NMFS projects that recreational 

landings of gag from the Gulf EEZ will 

reach the recreational ACL on October 

19, 2023. Accordingly, this temporary 

rule closes the recreational harvest of 

gag in or from the Gulf EEZ from 

October 19 through the end of the 

fishing year, December 31, 2023. 

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(r)(2)(i), 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 regulations 

associated with the closure of 

recreational harvest of gag at 50 CFR 

622.41(r)(2)(i) 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 are 

contrary to the public interest, because 

there is a need to immediately 

implement this action to protect the gag 

stock. Prior notice and opportunity for 

public comment would require time and 

could result in a harvest well in excess 

of the established ACL. In addition, 

many charter vessel and headboat 

businesses reserve trips for clients in 

advance and require as much notice as 

NMFS is able to provide to adjust their 

business plans to account for changes to 

the recreational fishing season. 

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 29, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–22054 Filed 9–29–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 121004515–3608–02; RTID 

0648–XD408] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; ReOpening of the Commercial Sector for 

Red Snapper in the South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; re-opening. 

SUMMARY: NMFS announces the reopening of the commercial sector for red 

snapper in the exclusive economic zone 

(EEZ) of the South Atlantic through this 

temporary rule. The most recent data for 

commercial landings of red snapper 

indicate the commercial annual catch 

limit (ACL) for the 2023 fishing year has 

not yet been reached. Therefore, NMFS 

re-opens the commercial sector to 

harvest red snapper in the South 

Atlantic EEZ for 4 days. The purpose of 

this temporary rule is to allow for the 

red snapper commercial ACL to be 

harvested while minimizing the risk of 

exceeding the commercial ACL. 

DATES: This temporary rule is effective 

from 12:01 a.m. eastern time on October 

6, 2023, until 12:01 a.m. eastern time 

October 10, 2023. 

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 red snapper and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council (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. All 

weights in this temporary rule are given 

in round weight. 

The commercial ACL for red snapper 

in the South Atlantic is 124,815 lb 

(56,615 kg) as specified at 50 CFR 

622.193(y)(1). 

Under 50 CFR 622.193(y)(1), NMFS is 

required to close the commercial sector 

for red snapper when the commercial 

ACL is reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. For the 2023 fishing year, 

NMFS had already projected that 

commercial landings of red snapper 

would reach the commercial ACL on 

August 18, 2023, and therefore closed 

commercial harvest for the rest of the 

2023 fishing year on that date (88 FR 

55585, August 16, 2023). However, a 

recent update of commercial landings 

data indicates that the commercial ACL 

for red snapper was not reached on 

August 18, 2023. 

In accordance with 50 CFR 622.8(c), 

NMFS temporarily re-opens the 

commercial sector for red snapper on 

October 6, 2023. The commercial sector 

will be open for 4 days or through 

October 9, 2023, to allow for the 

commercial ACL to be reached. The 

commercial sector will close again on 

October 10, 2023, and remain closed 

through December 31, 2023. For the 

2024 fishing year, unless otherwise 

specified, the commercial season will 

begin on the second Monday in July (50 

CFR 622.183(b)(5)(i)). NMFS has 

determined that this re-opening will 

allow for an additional opportunity to 

commercially harvest red snapper while 

reducing the risk of exceeding the 

commercial ACL. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper having 

red snapper on board must have landed 

and bartered, traded, or sold such red 

snapper prior to 12:01 a.m., eastern 

time, on October 10, 2023. During the 

subsequent commercial closure from 

October 10, 2023, through December 31, 

2023, all sale or purchase of red snapper 

is prohibited. Because the recreational 

sector closed on July 16, 2023 (88 FR 

33838, May 25, 2023), after the 

commercial closure that is effective on 

October 10, 2023, all harvest and 

possession of red snapper in or from the 

South Atlantic EEZ is prohibited for the 

remainder of the 2023 fishing year. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68497 

On and after the effective date of the 

closure notification, all sale or purchase 

of red snapper is prohibited. This 

prohibition on the harvest, possession, 

sale or purchase applies in the South 

Atlantic on a vessel for which a valid 

Federal commercial or charter vessel/ 

headboat permit for South Atlantic 

snapper-grouper has been issued, 

regardless if such species were 

harvested or possessed in state or 

Federal waters (50 CFR 622.193(y)(1) 

and 622.181(c)(2)). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is taken under 50 CFR 

622.8(c), 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 is 

unnecessary. Such procedure is 

unnecessary, because the regulations 

associated with the commercial ACL of 

red snapper and a re-opening to provide 

an opportunity for the commercial ACL 

to be harvested have already been 

subject to notice and public comment, 

and all that remains is to notify the 

public of the commercial sector reopening. 

For these same reasons, the Assistant 

Administrator for Fisheries 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 29, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–22048 Filed 9–29–23; 4:15 pm] 

BILLING CODE 3510–22–P 

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. 

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: 

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 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 


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