[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Page 50806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02;RTID 0648-XD176]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2023 Commercial Closure for Blueline 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 for blueline 
tilefish in the exclusive economic zone (EEZ) of the South Atlantic. 
NMFS estimates that commercial landings of blueline tilefish have 
reached the commercial annual catch limit (ACL) for the 2023 fishing 
year. Accordingly, NMFS closes the commercial sector for the harvest of 
blueline tilefish in the South Atlantic EEZ to protect the blueline 
tilefish resource from overfishing.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
August 2, 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 blueline tilefish and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The South Atlantic Fishery Management Council and NMFS 
prepared the FMP, and the FMP 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. All 
weights in this temporary rule are given in round weight.
    Regulations at 50 CFR 622.193(z)(1)(i) specify the commercial ACL 
for blueline tilefish of 117,148 lb (53,137 kg), and the commercial 
accountability measure for blueline tilefish. NMFS is required to close 
the commercial sector when its ACL is reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register. NMFS estimates that for the 2023 fishing year, 
commercial landings of blueline tilefish will reach the commercial ACL 
by August 2, 2023. Accordingly, the commercial sector for South 
Atlantic blueline tilefish is closed effective at 12:01 a.m. eastern 
time on August 2, 2023, through December 31, 2023.
    During the commercial closure, all sale or purchase of blueline 
tilefish is prohibited. While the recreational harvest of blueline 
tilefish is open, harvest of blueline tilefish in or from the South 
Atlantic EEZ is limited to the recreational bag and possession limits 
specified in 50 CFR 622.187. The bag and possession limits for blueline 
tilefish apply in state or Federal waters of the South Atlantic on a 
vessel for which NMFS has issued a valid commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(z)(1)(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 regulations associated with the 
closure of the blueline tilefish commercial sector at 50 CFR 
622.193(z)(1)(i) 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 blueline tilefish, because the capacity of the 
fishing fleet allows for rapid harvest of the commercial ACL. Prior 
notice and opportunity for public comment would require time and would 
potentially result in a harvest well in excess of the established 
commercial ACL.
    For the reasons stated earlier, the Assistant Administrator 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: July 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-16442 Filed 7-28-23; 4:15 pm]
BILLING CODE 3510-22-P