[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 74013-74014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26303]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200124-0029; RTID 0648-XC582]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2023 Red Snapper Private 
Angling Component Closures in Federal Waters off Texas

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces a closure for the 2023 fishing season for the 
red snapper private angling component in the exclusive economic zone 
(EEZ) off Texas in the Gulf of Mexico (Gulf) through this temporary 
rule. The red snapper recreational private angling component in the 
Gulf EEZ off Texas will close on January 1, 2023, until 12:01 a.m., 
local time, on June 1, 2023. This closure is necessary to prevent the 
private angling component from exceeding the Texas regional management 
area annual catch limit (ACL) and to prevent overfishing of the Gulf 
red snapper resource.

DATES: This closure is effective at 12:01 a.m., local time, on January 
1, 2023, until 12:01 a.m., local time, on June 1, 2023.

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

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
red snapper, is managed under the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the 
Gulf of Mexico Fishery Management 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.
    The final rule implementing Amendment 40 to the FMP established two 
components within the recreational sector fishing for Gulf red snapper: 
the private angling component, and the Federal for-hire component (80 
FR 22422, April 22, 2015). Amendment 40 also allocated the red snapper 
recreational ACL (recreational quota) between the components and 
established separate seasonal closures for the two components. On 
February 6, 2020, NMFS implemented Amendments 50 A-F to the FMP, which 
delegated authority to the Gulf states (Louisiana, Mississippi, 
Alabama, Florida, and Texas) to establish specific management measures 
for the harvest of red snapper in Federal waters of the Gulf by the 
private angling component of the recreational sector (85 FR 6819, 
February 6, 2020). These amendments allocate a portion of the private 
angling ACL to each state, and each state is required to constrain 
landings to its allocation.
    As described at 50 CFR 622.23(c), a Gulf state with an active 
delegation may request that NMFS close all, or an area of, Federal 
waters off that state to the harvest and possession of red snapper by 
private anglers. The state is required to request the closure by letter 
to NMFS, providing dates and geographic coordinates for the closure. If 
the request is within the scope of the analysis in Amendment 50A, NMFS 
publishes a notice in the Federal Register implementing the closure for 
the fishing year. Based on the analysis in Amendment 50A, Texas may 
request a closure of all Federal waters off the State to allow a year-
round fishing season in State waters. As described at 50 CFR 622.2, 
``off Texas'' is defined as the waters in the Gulf west of a rhumb line 
from 29[deg]32.1' N lat., 93[deg]47.7' W long. to 26[deg]11.4' N lat., 
92[deg]53' W long., which line is an extension of the boundary between 
Louisiana and Texas.
    On November 21, 2022, NMFS received a request from the Texas Parks 
and Wildlife Department (TPWD) to close the EEZ off Texas to the red 
snapper private angling component during the 2023 fishing year. Texas 
requested that the closure be effective from January 1 through May 31, 
2023. NMFS has determined that this request is within the scope of 
analysis contained within Amendment 50A, which analyzed the potential 
impacts of a closure of all Federal waters off Texas, consistent with 
Texas's intent to maintain a year-round fishing season in State waters 
during which a part of Texas' ACL could be caught.
    Therefore, the red snapper recreational private angling component

[[Page 74014]]

in the Gulf EEZ off Texas will close at 12:01 a.m., local time, on 
January 1, 2023, until 12:01 a.m., local time, on June 1, 2023. This 
closure applies to all private-anglers (those on board vessels that 
have not been issued a valid charter vessel/headboat permit for Gulf 
reef fish) regardless of which state they are from or where they intend 
to land. Once the EEZ off Texas opens on June 1, 2023, TPWD will 
continue to monitor private recreational landings, and if necessary, 
will request that NMFS again close the EEZ in 2023 to ensure the Texas 
regional management area ACL is not exceeded.
    On and after the effective dates of this closure in the EEZ off 
Texas, the harvest and possession red snapper in the EEZ off Texas by 
the private angling component is prohibited and the bag and possession 
limits for the red snapper private angling component in the closed area 
is zero.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.23(c), which was 
issued pursuant to 304(b), and is exempt from review under Executive 
Order 12866, and other applicable laws.
    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 rule implementing the area 
closure authority and the State-specific private angling ACLs has 
already been subject to notice and comment, and all that remains is to 
notify the public of the closure. Such procedures are contrary to the 
public interest because a failure to implement the closure immediately 
would be inconsistent with Texas's State management plan and may result 
in less access to red snapper in State waters.
    For the aforementioned reasons, there is 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 29, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-26303 Filed 12-1-22; 8:45 am]
BILLING CODE 3510-22-P