[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32142-32143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10777]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140818679-5356-02; RTID 0648-XD024]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2023 Red Snapper Recreational 
For-Hire Fishing Season in the Gulf of Mexico

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces the 2023 recreational fishing season for the 
Federal charter vessel/headboat (for-hire) component for red snapper in 
the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through 
this temporary rule. The red snapper recreational for-hire component in 
the Gulf EEZ opens on June 1, 2023, and will close at 12:01 a.m., local 
time, on August 25, 2023. This closure is necessary to prevent the 
Federal for-hire component from exceeding its quota and to prevent 
overfishing of the Gulf red snapper resource.

DATES: The closure is effective at 12:01 a.m., local time, on August 
25, 2023, until 12:01 a.m., local time, on January 1, 2024.

FOR FURTHER INFORMATION CONTACT: Daniel Luers, NMFS Southeast Regional 
Office, telephone: 727-551-5719, 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. The 
Federal

[[Page 32143]]

for-hire component's red snapper annual catch target (ACT) is 9 percent 
below the for-hire component quota (87 FR 74014, December 2, 2022; 50 
CFR 622.41(q)(2)(iii)(B)).
    The red snapper for-hire component seasonal closure is projected 
from the component's ACT. Projecting the for-hire component's seasonal 
closure using the ACT reduces the likelihood of the harvest exceeding 
the component quota and the total recreational quota.
    All weights described in this temporary rule are in round weight.
    The current Federal for-hire component ACT for red snapper in the 
Gulf EEZ is 2,904,682 lb (1,317,542 kg) (50 CFR 622.41(q)(2)(iii)(B)). 
However, on February 28, 2023, NMFS published a proposed rule that 
would revise red snapper catch levels (88 FR 12642). If implemented, 
that rule would increase the Federal for-hire component ACT to 
3,076,322 lb (1,395,396 kg).
    The 2023 Federal Gulf red snapper for-hire fishing season has been 
determined to be 85 days based on NMFS' projection of the date landings 
are expected to reach the component ACT. The season length projections 
range from 69-85 days (current) to 73 to 90 days (proposed). NMFS 
determined that 85 days is likely to constrain harvest to the current 
or proposed ACT based on catch rates from the most recent 3 years 
(2020-2022). When using average red snapper for-hire catch rates from 
those years, NMFS projects that the current quota would be harvested in 
85 days. When using only data from 2022, NMFS projects that the 
proposed quota would be harvested in 85 days. For details about the 
calculation of the projection for 2023, see https://www.fisheries.noaa.gov/southeast/sustainable-fisheries/gulf-mexico-recreational-red-snapper-management. Therefore, the 2023 recreational 
season for the Federal for-hire component will begin at 12:01 a.m., 
local time, on June 1, 2023, and close at 12:01 a.m., local time, on 
August 25, 2023.
    On and after the effective date of the Federal for-hire component 
closure, the bag and possession limits for red snapper for Federal for-
hire vessels are zero. When the Federal for-hire component is closed, 
these bag and possession limits apply in the Gulf on board a vessel for 
which a valid Federal for-hire permit for Gulf reef fish has been 
issued, without regard to where such species were harvested, i.e., in 
state or Federal waters. In addition, a person aboard a vessel that has 
been issued a charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year may not harvest or possess red snapper in 
or from the Gulf EEZ when the Federal charter vessel/headboat component 
is closed.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is taken under 50 CFR 622.41(q)(2)(i) and 
(ii), 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 rule implementing the 
recreational red snapper quotas and ACTs, and the rule implementing the 
requirement to close the for-hire component when its ACT is projected 
to be reached have 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 many for-hire operations 
book trips for clients in advance and require as much notice as NMFS is 
able to provide to adjust their business plans to account for the 
fishing season.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 16, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-10777 Filed 5-16-23; 4:15 pm]
BILLING CODE 3510-22-P