Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 81353 

Species 1

Citation(s) for listing 

determination(s) Critical habitat ESA rules 

Common name Scientific name Description of listed entity 

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[FR Doc. 2023–25822 Filed 11–21–23; 8:45 am] 

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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 231101–0256; RTID 0648– 

XD532] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; ReOpening of Commercial Fishery for 

Golden Tilefish 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 

golden tilefish in the exclusive 

economic zone (EEZ) of the South 

Atlantic. The 2023 commercial annual 

catch limits (ACLs) for the hook-andline and longline components have 

recently increased through a separate 

rule. Therefore, NMFS re-opens the 

hook-and-line and longline components 

of the commercial sector for golden 

tilefish in the South Atlantic EEZ to 

allow the commercial ACL to be caught 

while increasing the corresponding 

benefit to the Nation with respect to 

providing food production. 

DATES: This temporary rule is effective 

from December 7, 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 golden tilefish 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 

NMFS. 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 

described in this temporary rule are in 

gutted weight. 

The commercial sector for golden 

tilefish is composed of the hook-andline and longline components, each 

with individual catch limits. Under the 

commercial accountability measures 

(AMs) for golden tilefish at 50 CFR 

622.193(a)(1)(i) and (ii), NMFS is 

required to close each commercial 

component for golden tilefish when the 

applicable commercial quota specified 

under 50 CFR 622.190(a)(2)(ii) or (iii) is 

reached or is projected to be reached 

through a notification in the Federal 

Register. Earlier in the 2023 fishing 

year, NMFS determined separately that 

the commercial component quotas for 

golden tilefish in the South Atlantic 

were reached, and closed the hook-andline component on October 31 (88 FR 

74066, October 30, 2023) and closed the 

longline component on April 7 (88 FR 

20079, April 5, 2023) for the rest of 2023 

as required by the commercial AMs [50 

CFR 622.193(a)(1)(i) and (ii)]. 

Also earlier in the 2023 fishing year, 

NMFS determined that the golden 

tilefish recreational sector reached its 

ACL, and NMFS closed the sector as 

required by the recreational AMs for the 

rest of 2023 (50 CFR 622.193(a)(2)(i); 88 

FR 45369, July 17, 2023). 

On November 7, 2023, NMFS 

published the final rule to implement 

Amendment 52 to the FMP, and that 

final rule is effective on December 7, 

2023 (88 FR 76696). Among other 

management measures, Amendment 52 

and the final rule increased the total 

ACL for golden tilefish in the South 

Atlantic EEZ. For the 2023 fishing year, 

the total ACL is 435,000 lb (197,313 kg). 

The total ACL is divided between the 

commercial and recreational sectors, 

and the commercial ACL for golden 

tilefish is allocated 25 percent to the 

hook-and-line component and 75 

percent to the longline component. The 

final rule to implement Amendment 52 

increased the component ACLs, which 

are equivalent to the component quotas, 

based on the higher commercial ACL. In 

the 2023 fishing year, the hook-and-line 

component quota is 105,161 lb (47,700 

kg) and the longline component quota is 

315,484 lb (143,101 kg). 

The final rule for Amendment 52 also 

increased the recreational ACL for 

golden tilefish to 2,559 fish for the 2023 

fishing year. However, the most recent 

recreational landings data of South 

Atlantic golden tilefish indicate that the 

recently increased recreational ACL for 

2023 has already been reached. 

Therefore, NMFS will not reopen the 

recreational harvest of golden tilefish in 

the South Atlantic during the 2023 

fishing year. 

In accordance with 50 CFR 622.8(c), 

NMFS re-opens the commercial hookand-line and longline components for 

golden tilefish on December 7, 2023. 

The commercial components will 

remain open through the rest of the 

2023 fishing year ending on December 

31, 2023, to allow for the commercial 

ACL to be reached. NMFS has 

determined that this re-opening will 

allow for an additional opportunity to 

commercially harvest the increased 

hook-and-line and longline component 

quotas for golden tilefish in 2023 while 

also increasing the corresponding 

benefit to the Nation with respect to 

providing food production. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.8(c), issued pursuant to section 

304(b), 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 and contrary to the public 

interest. Such procedures are 

unnecessary and contrary to public 

interest because the regulations 

associated with the increased harvest 

levels and reopening of golden tilefish 

commercial components have already 

been subject to notice and public 

comment, and all that remains is to 

notify the public of the commercial 

reopening. 

For the reasons stated earlier, 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: November 17, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–25821 Filed 11–17–23; 4:15 pm] 

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