[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Rules and Regulations]
[Page 45369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15093]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180720681-8999-02; RTID 0648-XD155]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2023 Recreational Closure for Golden Tilefish in the South Atlantic

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 
recreational harvest of golden tilefish in the exclusive economic zone 
(EEZ) of the South Atlantic. NMFS estimates that recreational landings 
of golden tilefish have reached the recreational annual catch limit 
(ACL) for the 2023 fishing year. Accordingly, NMFS closes the 
recreational sector for the harvest of golden tilefish in the South 
Atlantic EEZ on July 17, 2023. This closure is necessary to protect the 
golden tilefish resource.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
July 17, 2023, through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes golden tilefish and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic 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.
    Regulations at 50 CFR 622.193(a)(2) specify the recreational ACL 
for golden tilefish of 2,316 fish, as well as the recreational AMs if 
landings reach or exceed the ACL. The in-season recreational AM states 
that if recreational landings reach or are projected to reach the 
recreational ACL, then the recreational sector will be closed for the 
remainder of the fishing year (50 CFR 622.193(a)(2)(i)).
    Recreational landings data from the NMFS Southeast Fisheries 
Science Center indicate that the golden tilefish recreational ACL for 
2023 has been reached. Therefore, this temporary rule implements the AM 
to close the golden tilefish recreational sector for the remainder of 
the 2023 fishing year. As a result, the recreational sector for golden 
tilefish in the South Atlantic EEZ will be closed effective from 12:01 
a.m. eastern time on July 24, 2023, through December 31, 2023. During 
the recreational closure, the bag and possession limits for golden 
tilefish in or from the South Atlantic EEZ are zero. The recreational 
sector for golden tilefish will open again on January 1, 2024, the 
beginning of the 2024 fishing year and the recreational fishing season.
    NMFS has also closed the longline component of the commercial 
sector for golden tilefish for the remainder of the 2023 fishing year 
(88 FR 20079, April 5, 2023). The hook-and-line component of the 
commercial sector is currently still open for the 2023 fishing year, 
and NMFS continues to monitor commercial hook-and-line landings.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(a)(2)(i), 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 are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the rule that established the 
recreational ACL and AM for golden tilefish 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 of 
the need to immediately implement this action to protect the golden 
tilefish stock. The recreational ACL has been reached and prior notice 
and opportunity for public comment would require time, potentially 
resulting in a harvest well in excess of the established ACL.
    For the reasons just stated, there is also 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: July 12, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-15093 Filed 7-12-23; 4:15 pm]
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