[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Rules and Regulations]
[Pages 61984-61985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19450]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02; RTID 0648-XD317]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of the Commercial Sector for Blueline Tilefish in the South 
Atlantic

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

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the commercial sector for 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic through this temporary rule. The most recent data for 
commercial landings of blueline tilefish indicate the commercial annual 
catch limit (ACL) for the 2023 fishing year has not yet been reached. 
Therefore, NMFS re-opens the commercial sector to harvest blueline 
tilefish in the South Atlantic EEZ for 6 days. The purpose of this 
temporary rule is to allow for the commercial ACL of blueline tilefish 
to be harvested while minimizing the risk of exceeding the commercial 
ACL.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
September 11, 2023, through September 16, 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 FMP was prepared by the South Atlantic Fishery 
Management Council (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. 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. Recently in this 2023 fishing year, NMFS projected 
that commercial landings of blueline tilefish would reach the 
commercial ACL on August 2, 2023, and therefore closed commercial 
harvest for the rest of the year on that date (88 FR 50806, August 2, 
2023). However, a recent update of commercial landings data indicates 
that the commercial ACL for blueline tilefish was not reached on August 
2, 2023.
    In accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
commercial sector for blueline tilefish on September 11, 2023. The 
commercial sector will be open for 6 days or through September 16, 
2023, to allow for the commercial ACL to be reached. The commercial 
sector will close again on September 17, 2023, and remain closed until 
January 1, 2024, the start of the next fishing year. NMFS has 
determined that this re-opening will allow for an additional 
opportunity to commercially harvest blueline tilefish while reducing 
the risk of exceeding the commercial ACL.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper with blueline tilefish on the 
vessel must have landed and bartered, traded, or sold such blueline 
tilefish before September 17, 2023. During the subsequent commercial 
closure from September 17 through the rest of 2023, all sale or

[[Page 61985]]

purchase of blueline tilefish is prohibited. The recreational sector 
for blueline tilefish in the South Atlantic EEZ is closed each year 
from January 1 through April 30, and from September 1 through December 
31, and during these periods the bag and possession limits for blueline 
tilefish in or from the South Atlantic EEZ are zero. Additionally, 
these bag and possession limits apply to the harvest of blueline 
tilefish in both state and Federal waters in the South Atlantic on a 
vessel with a valid Federal 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 taken under 50 CFR 622.8(c), 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. Such procedure is unnecessary, because the 
regulations associated with the commercial ACL of blueline tilefish and 
a re-opening to provide an opportunity for the commercial ACL to be 
harvested have already been subject to notice and public comment, and 
all that remains is to notify the public of the commercial sector re-
opening.
    For the reasons stated earlier, the Assistant Administrator for 
Fisheries 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: September 5, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-19450 Filed 9-5-23; 4:15 pm]
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