[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Rules and Regulations]
[Pages 74066-74067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02; RTID 0648-XD427]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2023 Commercial Hook-and-Line Closure for Golden 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 the commercial 
hook-and-line component of golden tilefish in the South Atlantic 
exclusive economic zone (EEZ). NMFS projects that commercial landings 
of golden tilefish harvested by hook-and-line are projected to reach 
the commercial component quota in the 2023 fishing year. Accordingly, 
NMFS closes the commercial hook-and-line component for golden tilefish 
in the South Atlantic EEZ for the remainder of the 2023 fishing year to 
protect the golden tilefish resource.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
October 31, 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 golden 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 gutted weight.
    The commercial sector for golden tilefish has two components, each 
with its own quota: The hook-and-line and longline components (50 CFR 
622.190(a)(2)). The commercial annual catch limit (ACL) for golden 
tilefish is allocated 25 percent to the hook-and-line component and 75 
percent to the longline component. The total commercial ACL (equivalent 
to the total commercial quota) for golden tilefish is 331,740 lb 
(150,475 kg). The commercial ACL (equivalent to the commercial quota) 
for the hook-and-line component is 82,935 lb (37,619 kg).
    Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the 
commercial hook-and-line component for golden tilefish when its 
commercial ACL has been reached, or is projected to be reached, through 
a notification filed with the Office of the Federal Register. NMFS 
projects that commercial landings of South Atlantic golden tilefish by 
the hook-and-line component will reach the ACL by October 31, 2023. 
Accordingly, the commercial hook-and-line component of South Atlantic 
golden tilefish is closed on October 31, 2023.
    For the current fishing year, NMFS has also closed the commercial 
longline component on April 7, 2023, and the recreational sector on 
July 17, 2023, for golden tilefish through 2023 (88 FR 20079, April 5, 
2023; 88 FR 45369, July 17, 2023). Therefore, because the commercial 
longline component and recreational sector are already closed, and NMFS 
is closing the commercial hook-and-line component through this 
temporary rule, all harvest and possession of South Atlantic golden 
tilefish in or from the EEZ is prohibited from the effective date of 
this temporary rule through the end of 2023.
    The operator of a vessel issued a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper with golden tilefish on board 
harvested by hook-and-line must have landed and bartered, traded, or 
sold such golden tilefish prior to 12:01 a.m. eastern time on October 
31, 2023. During the closure, the sale or purchase of golden tilefish 
harvested from the EEZ is prohibited. The prohibition on sale or 
purchase does not apply to the sale or purchase

[[Page 74067]]

of golden tilefish that were harvested by hook-and-line, landed ashore, 
and sold before 12:01 a.m. eastern time on October 31, 2023, and were 
held in cold storage by a dealer or processor. For a person on board a 
vessel for which a Federal commercial or charter vessel/headboat permit 
for the South Atlantic snapper-grouper fishery has been issued, the 
recreational bag and possession limits and the sale and purchase 
prohibitions during the commercial closure for golden tilefish apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.190(c)(1)(ii).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(a)(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), 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 
commercial closure of the golden tilefish hook-and-line component have 
already been subject to notice and public comment, and all that remains 
is to notify the public of the closure. Such procedures are also 
contrary to the public interest because of the need to immediately 
implement the closure to protect the golden tilefish resource and 
minimize the risk of exceeding the commercial ACL. Prior notice and 
opportunity for public comment would require time, which would allow 
for additional commercial landings, and could therefore result in 
exceedance of the sector 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: October 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-23835 Filed 10-25-23; 4:15 pm]
BILLING CODE 3510-22-P