[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68382-68383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24900]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 211217-0261; RTID 0648-XC537]


Reef Fish Fishery of the Gulf of Mexico; 2022 Commercial and 
Recreational Accountability Measure and Closures for Gulf of Mexico 
Lane Snapper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for the lane 
snapper commercial and recreational sectors in the exclusive economic 
zone (EEZ) of the Gulf of Mexico (Gulf) for the 2022 fishing year 
through this temporary rule. NMFS has projected that the 2022 stock 
annual catch limit (ACL) for Gulf lane snapper has been reached. 
Therefore, NMFS closes the commercial and recreational sectors for Gulf 
lane snapper on November 15, 2022, and they will remain closed through 
the end of the current fishing year on December 31, 2022. These 
closures are necessary to protect the Gulf lane snapper resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
November 15, 2022, until 12:01 a.m., local time, on January 1, 2023.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
which includes lane snapper, under the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico

[[Page 68383]]

(FMP). The FMP was prepared by the Gulf of Mexico Fishery Management 
Council (Council) and is implemented by NMFS under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) through regulations at 50 CFR part 622. All lane snapper 
weights discussed in this temporary rule are in round weight.
    The current stock ACL for Gulf lane snapper is 1,028,973 lb 
(466,734 kg). As specified in 50 CFR 622.41(k), if the sum of the 
commercial and recreational landings reaches or is projected to reach 
the stock ACL, then NMFS will close the commercial and recreational 
sectors for the remainder of the fishing year. Based on latest 
recreational landings estimates, which were available in October 2022, 
NMFS has determined that the stock ACL for Gulf lane snapper was 
reached as of August 28, 2022. Accordingly, this temporary rule closes 
the commercial and recreational sectors for Gulf lane snapper effective 
at 12:01 a.m., local time, on November 15, 2022, and both sectors will 
remain closed through the end of the current fishing year on December 
31, 2022.
    During the commercial and recreational closures, the commercial 
sale or purchase of lane snapper taken from the Gulf EEZ is prohibited 
and all harvest or possession in or from the Gulf EEZ of lane snapper 
is prohibited. The prohibition on possession of Gulf lane snapper also 
applies in Gulf state waters for a vessel issued a valid Federal 
charter vessel/headboat permit for Gulf reef fish. During the closures, 
the operator of a vessel with a valid commercial vessel permit for Gulf 
reef fish having lane snapper on board must have landed and bartered, 
traded, or sold such lane snapper prior to 12:01 a.m., local time, on 
November 15, 2022. The prohibition on the sale or purchase of lane 
snapper does not apply to fish that were harvested, landed ashore, and 
sold prior to 12:01 a.m., local time, on November 15, 2022, and were 
held in cold storage by a dealer or processor.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(k), 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 is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
closure of the lane snapper commercial and recreational sectors at 50 
CFR 622.41(k) 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 lane snapper stock. Prior notice and opportunity for 
public comment would require time and allow for additional harvest in 
excess of the stock ACL.
    For the aforementioned reasons, 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: November 9, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-24900 Filed 11-10-22; 4:15 pm]
BILLING CODE 3510-22-P