[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Rules and Regulations]
[Pages 50529-50530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13046]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02; RTID 0648-XE023]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2024 Commercial Trip Limit Reduction and Closure for Gulf of Mexico 
Greater Amberjack

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; trip limit reduction and closure.

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SUMMARY: NMFS reduces the commercial trip limit for greater amberjack 
in or from the exclusive economic zone (EEZ) of the Gulf of Mexico 
(Gulf) to 250 lb (113 kg), gutted weight; 260 lb (118 kg), round 
weight, on June 16, 2024, as a result of 75 percent of the adjusted 
commercial quota being reached. Additionally, subsequent to the trip 
limit reduction, NMFS implements an accountability measure (AM) for 
Gulf commercial greater amberjack to close commercial harvest when NMFS 
projects landings have reached the adjusted commercial annual catch 
target (ACT). The 2024 commercial fishing season for greater amberjack 
in the Gulf EEZ will close on June 30, 2024, and will remain closed 
through December 31, 2024. These actions are necessary to protect the 
Gulf greater amberjack resource.

DATES: The commercial trip limit reduction is effective 12:01 a.m., 
local time, June 16, 2024, until 12:01 a.m., local time, June 30, 2024. 
The commercial closure is effective 12:01 a.m., local time, June 30, 
2024, through December 31, 2024.

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

SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the 
Gulf, which includes greater amberjack, under the Fishery Management 
Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico 
Fishery Management Council (Council) prepared the FMP, which was 
approved by the Secretary of Commerce, 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. Unless otherwise specified, all greater amberjack weights 
discussed in this temporary rule are in round weight.
    Regulations at 50 CFR 622.43(a) specify a commercial trip limit for 
Gulf greater amberjack of 1,000 pounds (lb; 454 kilogram (kg)), gutted 
weight, (1,040 lb (472 kg)). Additionally, the commercial trip limit is 
reduced to 250 lb (113 kg), gutted weight, (260 lb (118 kg)) when 75 
percent of the commercial quota (commercial ACT) has been landed.
    On June 15, 2023, NMFS published the final rule implementing 
Amendment 54 to the FMP (88 FR 39193). Among other measures, that final 
rule decreased the commercial annual catch limit (ACL) and commercial 
quota for Gulf greater amberjack. The Amendment 54 final rule set the 
commercial ACL and quota at 101,000 lb (45,813 kg), and 93,930 lb 
(42,606 kg), respectively (50 CFR 622.41(a)(1)(iii) and 
622.39(a)(1)(v)).
    NMFS previously determined that in 2023, the commercial harvest of 
greater amberjack exceeded the 2023 commercial ACL of 101,000 lb 
(45,813 kg) by 35,280 lb (16,003 kg). As described in 50 CFR 
622.41(a)(1)(ii), NMFS is required to reduce both the commercial ACL 
and the commercial quota for greater amberjack in the year following an 
overage of the commercial ACL, by the amount of any commercial ACL 
overage. Consistent with the commercial AM, for the 2024 fishing year, 
NMFS reduced both the commercial ACL and the commercial quota to 65,720 
lb (29,810 kg) and 58,650 lb (26,603 kg), respectively (88 FR 90995, 
November 21, 2023).

[[Page 50530]]

    On December 18, 2023, NMFS published a final temporary rule to 
implement emergency measures for Gulf greater amberjack (88 FR 87365). 
That temporary rule implemented a revised commercial trip limit of 
seven fish to decrease the likelihood of exceeding the adjusted 2024 
catch limits and to extend the 2024 commercial fishing season. The 
emergency measures are effective through June 15, 2024. On May 15, 
2024, NMFS published a proposed rule to implement a framework action 
recommended by the Council that would modify the commercial trip limit 
to seven fish (89 FR 42413). However, if implemented, this commercial 
trip limit will not be effective before NMFS projects that the 2024 
adjusted commercial quota will be reached.

Commercial Trip Limit Reduction

    NMFS has determined that when the emergency measures implementing 
the seven fish commercial trip limit end on June 15, 2024, 75 percent 
of the Gulf greater amberjack 2024 adjusted commercial quota will have 
been reached. Accordingly, consistent with 50 CFR 622.43(a)(2), NMFS is 
reducing the greater amberjack commercial trip limit to 250 lb (113 
kg), gutted weight, (260 lb (118 kg)) in or from the Gulf EEZ at 12:01 
a.m., local time, June 16, 2024. This reduced commercial trip limit 
will remain in effect until 12:01 a.m., local time, June 30, 2024, the 
date that NMFS has projected that the Gulf greater amberjack 2024 
adjusted commercial quota will be reached.

Commercial AM and Closure

    Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the greater 
amberjack commercial sector when the commercial ACT is reached, or is 
projected to be reached, by filing a notification to that effect with 
the Office of the Federal Register. NMFS has determined that the 2024 
adjusted commercial ACT of 58,650 lb (26,603 kg) will be reached as of 
June 30, 2024. Accordingly, NMFS closes commercial harvest of greater 
amberjack from the Gulf EEZ effective 12:01 a.m., local time, June 30, 
2024, through December 31, 2024.
    During the commercial closure, the sale or purchase of greater 
amberjack taken from the EEZ is prohibited. The prohibition on sale or 
purchase does not apply to the sale or purchase of greater amberjack 
that were harvested, landed ashore, and sold prior to 12:01 a.m., local 
time, June 30, 2024, and were held in cold storage by a dealer or 
processor. The commercial sector for greater amberjack will re-open on 
January 1, 2025, the beginning of the 2025 greater amberjack commercial 
fishing season.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(a)(1) and 
622.43(a)(2), which were issued pursuant to section 304(b) of the 
Magnuson-Stevens Act, and are 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 greater amberjack commercial sector 50 CFR 622.41(a)(1) 
and the commercial trip limit reduction at 50 CFR 622.43(a)(2) have 
already been subject to notice and public comment, and all that remains 
is to notify the public of the trip limit reduction and subsequent 
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 greater amberjack stock. Prior notice and 
opportunity for public comment would require time and could result in a 
harvest well in excess of the commercial ACL. NMFS is required to 
reduce the 2025 commercial ACT and ACL by the amount of any overage of 
the 2024 commercial ACL, which would reduce the 2025 fishing season.
    For the aforementioned reasons, the Assistant Administrator for 
Fisheries (AA) 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: June 10, 2024.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2024-13046 Filed 6-10-24; 4:15 pm]
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