[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Page 81353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25821]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 231101-0256; RTID 0648-XD532]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Commercial Fishery for Golden 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 
golden tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic. The 2023 commercial annual catch limits (ACLs) for the hook-
and-line and longline components have recently increased through a 
separate rule. Therefore, NMFS re-opens the hook-and-line and longline 
components of the commercial sector for golden tilefish in the South 
Atlantic EEZ to allow the commercial ACL to be caught while increasing 
the corresponding benefit to the Nation with respect to providing food 
production.

DATES: This temporary rule is effective from December 7, 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 FMP was prepared by the South Atlantic Fishery 
Management Council (Council) and NMFS. 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 described in this temporary rule are in gutted weight.
    The commercial sector for golden tilefish is composed of the hook-
and-line and longline components, each with individual catch limits. 
Under the commercial accountability measures (AMs) for golden tilefish 
at 50 CFR 622.193(a)(1)(i) and (ii), NMFS is required to close each 
commercial component for golden tilefish when the applicable commercial 
quota specified under 50 CFR 622.190(a)(2)(ii) or (iii) is reached or 
is projected to be reached through a notification in the Federal 
Register. Earlier in the 2023 fishing year, NMFS determined separately 
that the commercial component quotas for golden tilefish in the South 
Atlantic were reached, and closed the hook-and-line component on 
October 31 (88 FR 74066, October 30, 2023) and closed the longline 
component on April 7 (88 FR 20079, April 5, 2023) for the rest of 2023 
as required by the commercial AMs [50 CFR 622.193(a)(1)(i) and (ii)].
    Also earlier in the 2023 fishing year, NMFS determined that the 
golden tilefish recreational sector reached its ACL, and NMFS closed 
the sector as required by the recreational AMs for the rest of 2023 (50 
CFR 622.193(a)(2)(i); 88 FR 45369, July 17, 2023).
    On November 7, 2023, NMFS published the final rule to implement 
Amendment 52 to the FMP, and that final rule is effective on December 
7, 2023 (88 FR 76696). Among other management measures, Amendment 52 
and the final rule increased the total ACL for golden tilefish in the 
South Atlantic EEZ. For the 2023 fishing year, the total ACL is 435,000 
lb (197,313 kg).
    The total ACL is divided between the commercial and recreational 
sectors, and the commercial ACL for golden tilefish is allocated 25 
percent to the hook-and-line component and 75 percent to the longline 
component. The final rule to implement Amendment 52 increased the 
component ACLs, which are equivalent to the component quotas, based on 
the higher commercial ACL. In the 2023 fishing year, the hook-and-line 
component quota is 105,161 lb (47,700 kg) and the longline component 
quota is 315,484 lb (143,101 kg).
    The final rule for Amendment 52 also increased the recreational ACL 
for golden tilefish to 2,559 fish for the 2023 fishing year. However, 
the most recent recreational landings data of South Atlantic golden 
tilefish indicate that the recently increased recreational ACL for 2023 
has already been reached. Therefore, NMFS will not reopen the 
recreational harvest of golden tilefish in the South Atlantic during 
the 2023 fishing year.
    In accordance with 50 CFR 622.8(c), NMFS re-opens the commercial 
hook-and-line and longline components for golden tilefish on December 
7, 2023. The commercial components will remain open through the rest of 
the 2023 fishing year ending on December 31, 2023, to allow for the 
commercial ACL to be reached. NMFS has determined that this re-opening 
will allow for an additional opportunity to commercially harvest the 
increased hook-and-line and longline component quotas for golden 
tilefish in 2023 while also increasing the corresponding benefit to the 
Nation with respect to providing food production.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.8(c), issued 
pursuant to section 304(b), 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 and contrary to the public interest. Such 
procedures are unnecessary and contrary to public interest because the 
regulations associated with the increased harvest levels and reopening 
of golden tilefish commercial components have already been subject to 
notice and public comment, and all that remains is to notify the public 
of the commercial reopening.
    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: November 17, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-25821 Filed 11-17-23; 4:15 pm]
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