[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68495-68496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22054]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230427-0115; RTID 0648-XD439]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Resources of the Gulf of Mexico; 2023 Recreational Harvest 
Closure for Gag

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 gag in the exclusive economic zone (EEZ) of the 
Gulf of Mexico (Gulf) for the 2023 fishing year. NMFS has projected 
that the 2023 recreational annual catch limit (ACL) for gag will be 
reached by October 19, 2023. Therefore, NMFS closes the recreational 
sector for gag to protect the gag resource.

DATES: This temporary rule is effective from 12:01 a.m. local time on 
October 19, 2023, through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional 
Office, telephone: 727-551-5719, email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery and 
gag under the Fishery Management Plan for the Reef Fish Resources of 
the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (Council) and is implemented by NMFS under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) through regulations at 50 CFR 
part 622. All weights described in this temporary rule are in gutted 
weight.
    On May 3, 2023, NMFS implemented a final temporary rule for gag in 
the Gulf EEZ (88 FR 27701, May 3, 2023). That 2023 temporary rule 
resulted from a 2021 gag stock assessment and determination that the 
stock is overfished and is undergoing overfishing, and a subsequent 
request from the Council for NMFS to implement interim measures gag 
during the 2023 fishing year. The purpose of the requested interim 
measures and the 2023 temporary rule was to reduce overfishing of gag 
while long-term management measures are developed in Amendment 56 to 
the FMP. The

[[Page 68496]]

effective period of the 2023 temporary rule is 180 days and would end 
after October 29, 2023. However, NMFS intends to extend the interim 
measures for an additional 186 days.
    The interim measures reduced commercial and recreational catch 
limits for gag and revised the opening of the recreational season from 
June 1, 2023, to September 1, 2023. Under the interim measures, gag has 
a recreational ACL of 403,759 lb (183,142 kg) and a recreational annual 
catch target (ACT) of 362,374 lb (164,370 kg). The 2023 recreational 
season for gag was scheduled to be open through November 9, unless NMFS 
projected that the recreational ACL will be reached sooner and closes 
the recreational sector as required by the AMs specified in 50 CFR 
622.41(r)(2).
    NMFS projects that recreational landings of gag from the Gulf EEZ 
will reach the recreational ACL on October 19, 2023. Accordingly, this 
temporary rule closes the recreational harvest of gag in or from the 
Gulf EEZ from October 19 through the end of the fishing year, December 
31, 2023.
    During the recreational closure, the bag and possession limits of 
gag in or from the Gulf EEZ are zero. The prohibition on possession of 
gag also applies in state waters of the Gulf for any vessel issued a 
valid Federal charter vessel/headboat permit for Gulf reef fish.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(r)(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 regulations associated with the 
closure of recreational harvest of gag at 50 CFR 622.41(r)(2)(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 the gag 
stock. Prior notice and opportunity for public comment would require 
time and could result in a harvest well in excess of the established 
ACL. In addition, many charter vessel and headboat businesses reserve 
trips for clients in advance and require as much notice as NMFS is able 
to provide to adjust their business plans to account for changes to the 
recreational fishing season.
    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 29, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-22054 Filed 9-29-23; 4:15 pm]
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