[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32976-32977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10973]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217095-2081-04]
RTID 0648-XD019


Reef Fish Fishery of the Gulf of Mexico; 2023 Recreational 
Accountability Measure and Closure for Gulf of Mexico Red Grouper

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 red 
grouper recreational sector in the exclusive economic zone (EEZ) of the 
Gulf of Mexico (Gulf) for the 2023 fishing year through this temporary 
rule. NMFS has projected that the 2023 recreational annual catch target 
(ACT) for Gulf red grouper will have been reached by July 21, 2023. 
Therefore, NMFS closes the recreational sector for Gulf red grouper on 
July 21, 2023, and it will remain closed through the end of the fishing 
year on December 31, 2023. This closure is necessary to protect the 
Gulf red grouper resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
July 21, 2023, until 12:01 a.m., local time, on January 1, 2024.

FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional 
Office, telephone: 727-551-5719, email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
which includes red grouper, 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) through regulations at 50 CFR 
part 622. All red grouper weights discussed in this temporary rule are 
in gutted weight.
    Following a recent red grouper stock assessment, NMFS implemented 
Amendment 53 to the FMP (87 FR 25573, May 2, 2022). Among other 
measures, that amendment changed the units to estimate recreational red 
grouper catch from the Marine Recreational Information Program (MRIP) 
Coastal Household Telephone Survey to the MRIP Fishing Effort Survey 
(FES). It also revised sector catch limits, resulting in a recreational 
annual catch limit (ACL) of 1.73 million lb (0.78 million kg) and a 
recreational annual catch target (ACT) of 1.57 million lb (0.71 million 
kg)(50 CFR 622.41(e)(2)(iv)) (in MRIP FES units). Subsequent to the 
final rule for Amendment 53, NMFS implemented a final rule for a 
framework action to the FMP (87 FR 40742, July 8, 2022), which further 
revised the red grouper recreational ACL to 2.02 million lb (0.92 
million kg) and the ACT to 1.84 million lb (0.83 million kg).
    The Gulf red grouper recreational ACL (50 CFR 622.41(e)(2)(iv)) was 
exceeded in 2022 by approximately 0.70 million lb (0.32 million kg). As 
specified in 50 CFR 622.41(e)(2)(ii), in the year following a 
recreational ACL overage, NMFS is required to reduce the length of the 
following year's recreational fishing season by the amount necessary to 
ensure that the recreational ACT is not exceeded in that following 
year.
    NMFS projects that the 2023 recreational ACT for Gulf red grouper 
of 1.84 million lb (0.83 million kg) will be reached as of July 21, 
2023. This closure date is based on projected harvest rates using the 
average of recreational landings from 2021 and 2022. NMFS chose to use 
a 2-year average of harvest rates because it is most representative of 
current conditions. NMFS also chose to be conservative in setting the 
2023 recreational season by using the 2-year average, which results in 
a shorter season than projected by using a 3-year average or using only 
2022 landings. NMFS determined that it was appropriate to act 
conservatively because recreational harvest exceeded the red grouper 
recreational ACL by 72 percent in 2021 and by 35 percent in 2022. 
Accordingly, this temporary rule closes the recreational sector for 
Gulf red grouper effective at 12:01 a.m., local time, on July 21, 2023, 
through the end of the fishing year on December 31, 2023.
    During the recreational closure, the bag and possession limits for 
red grouper in or from the Gulf EEZ are zero. The prohibition on 
possession of Gulf red grouper also applies in Gulf state waters for 
any vessel issued a valid Federal charter vessel/headboat permit for 
Gulf reef fish.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(e)(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 regulations associated with the 
closure of the red grouper recreational sector at 50 CFR 
622.41(e)(2)(i) and (ii) 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

[[Page 32977]]

contrary to the public interest because there is a need to immediately 
implement this action to protect the red grouper stock. Prior notice 
and opportunity for public comment would require time and could result 
in a harvest well in excess of the established ACT. In addition, many 
charter vessel/headboat 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 recreational fishing season.

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

    Dated: May 18, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-10973 Filed 5-18-23; 4:15 pm]
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