[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Rules and Regulations]
[Page 40121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13189]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RTID 0648-XD065


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2023 Commercial Closure for Gulf of Mexico Greater Amberjack

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 for commercial 
greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for 
the 2023 fishing year through this temporary rule. NMFS has determined 
that Gulf greater amberjack landings have exceeded the commercial 
annual catch target (ACT). Therefore, the commercial fishing season for 
greater amberjack in the Gulf exclusive economic zone (EEZ) will close 
on June 18, 2023, and the sector will remain closed until the start of 
the next commercial fishing season on January 1, 2024. This closure is 
necessary to protect the Gulf greater amberjack resource.

DATES: This rule is effective 12:01 a.m., local time, June 18, 2023, 
until 12:01 a.m., local time, January 1, 2024.

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

SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the 
Gulf, which includes greater amberjack, under the Fishery Management 
Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico 
Fishery Management Council (Council) prepared the FMP and NMFS 
implements the FMP under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622. All greater amberjack weights discussed in this 
temporary rule are in round weight.
    On June 15, 2023, NMFS published the final rule implementing 
Amendment 54 to the FMP (88 FR 39193). Among other measures, that final 
rule decreased the commercial annual catch limit (ACL) and quota 
(commercial ACT) for Gulf greater amberjack. Effective on the date of 
publication of the Amendment 54 final rule, the commercial greater 
amberjack ACL and ACT for the 2023 fishing year are 101,000 lb (45,813 
kg) and 93,930 lb (42,606 kg), respectively (50 CFR 622.41(a)(1)(iii) 
and 622.39(a)(1)(v)).
    Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the greater 
amberjack commercial sector when the commercial ACT is reached, or is 
projected to be reached, by filing a notification to that effect with 
the Office of the Federal Register. NMFS has determined that the 
commercial ACT of 93,930 lb (42,606 kg) has been exceeded. Accordingly, 
NMFS closes commercial harvest of greater amberjack from the Gulf EEZ 
effective 12:01 a.m., local time, June 18, 2023, until 12:01 a.m., 
local time, January 1, 2024.
    During the commercial closure, the sale or purchase of greater 
amberjack taken from the EEZ is prohibited. The prohibition on sale or 
purchase does not apply to the sale or purchase of greater amberjack 
that were harvested, landed ashore, and sold prior to 12:01 a.m., local 
time, June 18, 2023, and were held in cold storage by a dealer or 
processor. The commercial sector for greater amberjack will re-open on 
January 1, 2024, the beginning of the 2024 greater amberjack commercial 
fishing season.
    During the commercial closure, the bag and possession limits 
specified in 50 CFR 622.38(b)(1) apply to all harvest or possession of 
greater amberjack in or from the Gulf EEZ. However, for the current 
2022-2023 recreational fishing year of August 1, 2022, through July 31, 
2023, the recreational fishing season is closed for the remainder of 
the current fishing year, or through July 31, 2023. Therefore, through 
July 31, 2023, the bag and possession limits for greater amberjack in 
or from the Gulf EEZ are zero. The recreational season will reopen on 
August 1, 2023, the start of the next recreational fishing year.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(a)(1), 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 greater amberjack commercial sector 50 CFR 622.41(a)(1) 
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 greater amberjack stock. Prior notice and opportunity for public 
comment would require time and could result in a harvest well in excess 
of the commercial ACL. NMFS is required to reduce the 2024 ACT and ACL 
by the amount of any overage of the 2023 commercial ACL, which would 
reduce the 2024 fishing season.
    For the aforementioned reasons, the AA 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: June 15, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-13189 Filed 6-15-23; 4:15 pm]
BILLING CODE 3510-22-P