[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 35011-35012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09384]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217095-2081-04; RTID 0648-XD915]


Reef Fish Fishery of the Gulf of Mexico; 2024 Recreational 
Accountability Measure and Closure for Gulf of Mexico Red Grouper

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 red 
grouper recreational sector in the exclusive economic zone (EEZ) of the 
Gulf of Mexico (Gulf) for the 2024 fishing year through this temporary 
rule. NMFS has projected that the 2024 recreational annual catch target 
(ACT) for Gulf red grouper will have been reached by July 1, 2024. 
Therefore, NMFS closes the recreational sector for Gulf red grouper on 
July 1, 2024, and it will remain closed through the end of the fishing 
year on December 31, 2024. This closure is necessary to protect the 
Gulf red grouper resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
July 1, 2024, until 12:01 a.m., local time, on January 1, 2025.

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, 
which includes red grouper, under the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico (FMP). The Gulf of Mexico 
Fishery Management Council prepared the FMP, which was approved by the 
Secretary of Commerce, and NMFS implements the FMP through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). All red grouper 
weights discussed in this temporary rule are in gutted weight.
    In 2022, NMFS published a final rule implementing a framework 
action under the FMP (87 FR 40742, July 8, 2022), which set the current 
red grouper recreational annual catch limit (ACL) of 2.02 million lb 
(0.92 million kg) and the ACT of 1.84 million lb (0.83 million kg) (50 
CFR part 622.41(e)(2)(iv)). Under regulations at 50 CFR 
622.41(e)(2)(i), if red grouper recreational landings reach or are 
projected to reach the recreational ACL, NMFS will close the 
recreational sector for the remainder of the fishing year. However, as 
specified in 50 CFR 622.41(e)(2)(ii), in the year following a 
recreational ACL overage, NMFS is required to reduce the length of the 
following year's recreational fishing season by the amount necessary to 
ensure that the recreational ACT is not exceeded in that following 
year. Preliminary landings estimates indicate that the Gulf red grouper 
recreational ACL was exceeded in 2023 by 498,743 lb (226,226 kg).
    NMFS projects that the 2024 recreational ACT for Gulf red grouper 
of 1.84 million lb (0.83 million kg) will be reached as of July 1, 
2024. This closure date is based on projected harvest rates using the 
average of recreational landings from 2021 through 2023, and the 
evaluation of four scenarios that generated predicted closure dates 
ranging from July 13, 2024, to August 2, 2024. NMFS is acting 
conservatively in

[[Page 35012]]

setting the 2024 recreational season by choosing an earlier closure 
date than the projecting scenarios because recreational harvest 
exceeded the red grouper recreational ACL by approximately 72 percent 
in 2021, by 35 percent in 2022, and by 25 percent in 2023. Accordingly, 
this temporary rule closes the recreational sector for Gulf red grouper 
effective at 12:01 a.m., local time, on July 1, 2024, through the end 
of the fishing year on December 31, 2024.
    During the recreational closure, the bag and possession limits for 
red grouper in or from the Gulf EEZ are zero. The prohibition on 
possession of Gulf red grouper also applies in Gulf state waters 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(e)(2)(i) and 
(ii), 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 is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
closure of the red grouper recreational sector at 50 CFR 
622.41(e)(2)(i) and (ii) 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 red grouper stock and provide sufficient notice 
to recreational sector participants. Prior notice and opportunity for 
public comment would require time and could result in a harvest in 
excess of the established ACT and ACL. In addition, many charter 
vessel/headboat operations book trips for clients in advance and 
require as much notice as NMFS is able to provide to adjust their 
business plans to account for the recreational fishing season.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 26, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-09384 Filed 4-30-24; 8:45 am]
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