[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Rules and Regulations]
[Page 55585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17506]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004515-3608-02]
RTID 0648-XD246


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2023 Commercial Closure for South Atlantic Red Snapper

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS implements an accountability measure for red snapper in 
the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects 
that commercial landings of red snapper have reached the commercial 
annual catch limit (ACL) for the 2023 fishing year. Therefore, NMFS is 
closing the commercial sector for red snapper in the South Atlantic 
EEZ. This closure is necessary to protect the red snapper resource.

DATES: This temporary rule is effective from 12:01 a.m., eastern time, 
on August 18, 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 red snapper 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.
    The commercial ACL for red snapper in the South Atlantic is 124,815 
lb (56,615 kg), round weight, as specified in 50 CFR 622.193(y)(1).
    Under 50 CFR 622.193(y)(1), NMFS is required to close the 
commercial sector for red snapper when the commercial ACL 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 ACL for South Atlantic red snapper will be reached by August 
18, 2023. Accordingly, the commercial sector for South Atlantic red 
snapper is closed effective at 12:01 a.m., eastern time, on August 18, 
2023. For the 2024 fishing year, unless otherwise specified, the 
commercial season will begin on the second Monday in July (50 CFR 
622.183(b)(5)(i)).
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having red snapper on board must have 
landed and bartered, traded, or sold such red snapper prior to 12:01 
a.m., eastern time, on August 18, 2023. Because the recreational sector 
closed on July 16, 2023 (88 FR 33838, May 25, 2023), after the 
commercial closure that is effective on August 18, 2023, all harvest 
and possession of red snapper in or from the South Atlantic EEZ is 
prohibited for the remainder of the 2023 fishing year.
    On and after the effective date of the closure notification, all 
sale or purchase of red snapper is prohibited. This prohibition on the 
harvest, possession, sale or purchase applies in the South Atlantic on 
a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, 
regardless if such species were harvested or possessed in state or 
Federal waters (50 CFR 622.193(y)(1) and 622.181(c)(2)).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(y)(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), the NMFS Assistant Administrator 
(AA) finds 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 commercial season, ACL, and 
accountability measure for red snapper 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 red snapper 
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 could potentially result in a harvest well in 
excess of the established commercial ACL.
    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: August 10, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-17506 Filed 8-10-23; 4:15 pm]
BILLING CODE 3510-22-P