[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Rules and Regulations]
[Page 65627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20705]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160906822-7547-02; RTID 0648-XD370]


Snapper-Grouper Fishery of the South Atlantic; 2023 Recreational 
Harvest Closure of Hogfish Off Georgia, South Carolina, and North 
Carolina 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 hogfish off Georgia, South Carolina, and North 
Carolina in the South Atlantic exclusive economic zone (EEZ). NMFS 
estimates that recreational landings of hogfish harvested off Georgia 
through North Carolina have exceeded the recreational annual catch 
limit (ACL). Therefore, NMFS closes the recreational sector for hogfish 
in the EEZ off Georgia through North Carolina to protect the hogfish 
resource.

DATES: This temporary rule is effective from September 26, 2023, 
through December 31, 2023.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic EEZ includes hogfish 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 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.
    In the South Atlantic EEZ, hogfish are managed as two separate 
stocks: one stock that exists off Georgia, South Carolina, and North 
Carolina (Georgia-North Carolina), and another stock that exists off 
the Florida Keys and east Florida. This temporary rule applies only to 
the recreational harvest of hogfish in the EEZ off Georgia-North 
Carolina.
    The recreational ACL for hogfish off Georgia-North Carolina is 988 
fish (50 CFR 622.193(u)(1)(iii)(B)). The AMs for hogfish off Georgia-
North Carolina require NMFS to close the recreational harvest for the 
remainder of the fishing year if landings reach or are projected to 
reach the recreational ACL (50 CFR 622.193(u)(1)(ii)(A)). The NMFS 
Southeast Fisheries Science Center estimates that recreational landings 
of hogfish harvested from the EEZ off Georgia-North Carolina have 
reached and likely exceeded the recreational ACL. Therefore, this 
temporary rule implements the AM to close the recreational harvest of 
hogfish in the EEZ off Georgia-North Carolina for the remainder of the 
fishing year, which continues through December 31, 2023. During this 
recreational closure, the recreational bag and possession limits for 
hogfish off Georgia-North Carolina in or from South Atlantic EEZ are 
zero fish.
    The recreational harvest for hogfish off Georgia-North Carolina for 
the 2024 fishing year will open again on January 1.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(u)(1)(ii)(A), 
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 AMs for hogfish was already 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 hogfish off Georgia-
North Carolina. The recreational ACL for hogfish off Georgia-North 
Carolina in the South Atlantic has been reached and likely exceeded, 
and prior notice and opportunity for public comment would require more 
time and result in further recreational harvest 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: September 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-20705 Filed 9-20-23; 4:15 pm]
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