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 


lotter on DSK11XQN23PROD with RULES1
68498 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

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 MagnusonStevens 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 MagnusonStevens 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 221215–0272; RTID 0648– 

XD447] 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfers From VA and DE to 

NC 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of quota transfers. 

SUMMARY: NMFS announces that the 

Commonwealth of Virginia and the 

State of Delaware are transferring a 

portion of their 2023 commercial 

bluefish quota to the State of North 

Carolina. These adjustments to the 2023 

fishing year quotas are necessary to 

comply with the Atlantic Bluefish 

Fishery Management Plan quota transfer 

provisions. This announcement informs 

the public of the revised 2023 

commercial bluefish quotas for Virginia, 

Delaware, and North Carolina. 

DATES: Effective September 29, 2023, 

through December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Management 

Specialist, (978) 281–9184. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found in 50 CFR 

648.160 through 648.167. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the Coastal States 

from Maine through Florida. The 

process to set the annual commercial 

quota and the percent allocated to each 

State is described in § 648.162, and the 

final 2023 allocations were published 

on December 21, 2022 (87 FR 78011). 

The final rule implementing 

Amendment 1 to the Bluefish Fishery 

Management Plan (FMP), as published 

in the Federal Register on July 26, 2000 

(65 FR 45844), provided a mechanism 

for transferring bluefish commercial 

quota from one State to another. Two or 

more States, under mutual agreement 

and with the concurrence of the NMFS 

Greater Atlantic Regional Administrator, 

can request approval to transfer or 

combine bluefish commercial quota 

under § 648.162(e)(1)(i) through (iii). 

The Regional Administrator must 

approve any such transfer based on the 

criteria in § 648.162(e). In evaluating 

requests to transfer a quota or combine 

quotas, the Regional Administrator shall 

consider whether: the transfer or 

combinations would preclude the 

overall annual quota from being fully 

harvested; the transfer addresses an 

unforeseen variation or contingency in 

the fishery; and the transfer is consistent 

with the objectives of the FMP and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Regional 

Administrator has determined these 

three criteria have been met for the 

transfers approved in this notification. 

Virginia is transferring 50,000 pounds 

(lb) (22,680 kilograms (kg)) and 

Delaware is transferring 40,000 lb 

(18,144 kg) to North Carolina, through 

mutual agreements of the States. These 

transfers were requested to ensure that 

North Carolina would not exceed its 

2023 State quota. The revised bluefish 

quotas for 2023 are: Virginia, 305,625 lb 

(138,629 kg); Delaware, 23,572 lb 


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