[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Rules and Regulations]
[Pages 42882-42883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14164]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02; RTID 0648-XD100]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2023-2024 Recreational 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 recreational 
greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for 
the 2023-2024 fishing year through this temporary rule. NMFS has 
determined that Gulf greater amberjack landings are projected to reach 
the recreational annual catch target (ACT) for the 2023-2024 fishing 
year by August 25, 2023. Therefore, the recreational fishing season for 
greater amberjack in the Gulf exclusive economic zone (EEZ) will close 
on August 25, 2023, and the sector will remain closed until the start 
of the next recreational fishing season on August 1, 2024. This closure 
is necessary to protect the Gulf greater amberjack resource.

DATES: This rule is effective 12:01 a.m., local time, August 25, 2023, 
until 12:01 a.m., local time, August 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 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 recreational annual catch limit (ACL) and quota 
(recreational ACT) for Gulf greater amberjack. Effective on the July 
17, 2023, the recreational greater amberjack ACL and ACT are 404,000 lb 
(183,251 kg) and 335,320 lb (152,099 kg), respectively (50 CFR 
622.41(a)(2)(iii) and 622.39(a)(2)(ii)).
    As described at 50 CFR 622.7(h), the fishing year for the Gulf 
greater amberjack recreational sector is August 1 through July 31. 
Under 50 CFR 622.41(a)(2)(i), NMFS is required to close the greater 
amberjack recreational sector when the recreational 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 for 
the 2023-2024 fishing year, the recreational ACT of 335,320 lb (152,099 
kg) will be reached by August 25, 2023. Accordingly, NMFS closes 
recreational harvest of greater amberjack from the Gulf EEZ effective 
12:01 a.m., local time, August 25, 2023, until 12:01 a.m., local time, 
August 1, 2024.
    During the recreational closure, the bag and possession limits for 
greater amberjack in or from the Gulf EEZ are zero. The prohibition on 
possession of Gulf greater amberjack also applies in Gulf state waters 
for any vessel issued

[[Page 42883]]

a valid Federal charter vessel/headboat permit for Gulf reef fish.
    NMFS notes that for the current 2022-2023 recreational fishing year 
of August 1, 2022, through July 31, 2023, the recreational fishing 
season is closed. 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 2023-2024 recreational fishing year and remain open until August 
25, 2023.
    Additionally, NMFS notes that on June 18, 2023, commercial harvest 
of Gulf greater amberjack was closed for the remainder of the current 
commercial fishing year of January 1 through December 31, 2023, because 
NMFS determined that harvest had exceeded the commercial ACL (88 FR 
40121, June 21, 2023).

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 recreational sector 50 CFR 
622.41(a)(2) 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. In addition, prior notice and 
opportunity for public comment would require time and many of those 
affected by the length of the recreational fishing season, particularly 
for-hire operators who book trips for clients in advance, need as much 
notice as possible to adjust their business plans to account for the 
recreational fishing season.

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

    Dated: June 29, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-14164 Filed 6-29-23; 4:15 pm]
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