[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Rules and Regulations]
[Pages 53883-53884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14225]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 240506-0129; RTID 0648-XE036]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Resources of the Gulf of Mexico; 2024 Recreational Harvest 
Closure for Gag

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS implements an accountability measure (AM) for the gag 
recreational sector in the exclusive economic zone (EEZ) of the Gulf of 
Mexico (Gulf) for the 2024 fishing year. NMFS has projected that the 
2024 recreational annual catch target (ACT) for gag will be reached by 
September 16, 2024. Therefore, NMFS closes the recreational sector for 
Gulf gag on September 16, 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 gag resource.

DATES: This temporary rule is effective from 12:01 a.m. local time on 
September 16, 2024, through December 31, 2024.

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

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery that 
includes gag under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The Gulf of Mexico Fishery 
Management Council (Council) prepared the FMP, which was approved by 
the Secretary of Commerce, 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 June 1, 2024, NMFS implemented a final rule for Amendment 56 to 
the FMP that modified management of gag in the Gulf EEZ (89 FR 40419, 
May 10, 2024). For gag, that final rule revised the commercial and 
recreational catch levels, the recreational AMs, and the recreational 
fishing season. For the recreational sector, the revised recreational 
annual catch limit (ACL) for

[[Page 53884]]

2024 is 288,000 pounds (lb) (130,635 kilograms (kg)), and the 
recreational ACT is 230,000 lb (104,326 kg) (50 CFR 622.41(d)(2)(i)). 
These catch limits are based on the projections from the most recent 
stock assessment, which included estimates of recreational landings in 
Florida derived from and the Florida Fish and Wildlife Conservation 
Commission's State Reef Fish Survey (SRFS). The revised recreational AM 
states that if recreational landings reach or are projected to reach 
the applicable recreational ACT, then NMFS will close the recreational 
sector for the remainder of the fishing year (50 CFR 622.41(d)(2)(ii)). 
The recreational AMs also state that if NMFS estimates that gag 
recreational landings have exceeded the applicable recreational ACL and 
gag is overfished, then in the following fishing year, the recreational 
ACL and recreational ACT will be reduced by the amount of the 
recreational ACL overage in the prior fishing year unless the best 
scientific information available determines that greater, lesser, or no 
overage adjustment is necessary (50 CFR 622.41(d)(2)(iii)). The final 
rule also implemented a seasonal closure of the gag recreational sector 
to prohibit harvest annually from January 1 through August 31 in the 
Gulf EEZ (50 CFR 622.34(e)).
    In 2023, NMFS implemented a temporary rule to reduce overfishing of 
gag while the Gulf of Mexico Fishery Management Council developed 
Amendment 56 (88 FR 27701, May 3, 2023; 88 FR 69553, October 6, 2023). 
The temporary rule reduced the 2023 recreational ACL for gag to 403,759 
lb (183,142 kg). The 2023 recreational ACL was derived, in part, using 
landings estimates for Florida from the Marine Recreational Information 
Program (MRIP) Fishing Effort Survey (FES). Final 2023 landings 
estimates from MRIP-FES were 737,706 lb (334,618 kg).
    Because the catch limits in the final rule for Amendment 56 were 
derived, in part, using estimates from SRFS, these catch limits are not 
directly comparable to the 2023 catch limits. To determine the 
magnitude of the 2023 overage as compared to the 2024 ACL, NMFS 
calibrated the 2023 recreational ACL and recreational landings to be 
consistent with the estimates produced by SRFS. This calibration 
results in a 2023 recreational ACL of 211,588 lb (95,975 kg) and 2023 
recreational landings of 336,182 lb (152,490 kg), which exceed the ACL 
by 124,624 lb (56,528 kg). Therefore consistent with the recreational 
AM at 50 CFR 622.41(d)(2)(iii) the 2024 recreational ACL and ACT are 
reduced by the amount of the 2023 recreational ACL overage. For the 
2024 fishing year, the resulting adjusted recreational ACL is 163,376 
lb (74,106 kg) and the adjusted recreational ACT is 105,376 lb (47,798 
kg).
    The 2024 recreational fishing season opens on September 1, and NMFS 
projects that the 2024 adjusted recreational ACT for Gulf gag of 
105,376 lb (47,798 kg) will be reached as of September 16, 2024. This 
closure date is based on projected harvest rates using recreational 
landings from 2020 through 2023, and the evaluation of five scenarios 
that generated closure dates ranging from September 13, 2024, to 
September 22, 2024. To increase the likelihood of constraining harvest 
to the 2024 adjusted recreational ACT, NMFS is acting conservatively by 
implementing a closure date near the low end of the projections. 
Accordingly, this temporary rule closes the recreational sector for 
Gulf gag effective at 12:01 a.m., local time, on September 16, 2024, 
through the end of the fishing year on December 31, 2024.
    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(d)(2)(ii) and 
(iii), which were 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(d)(2)(ii) and 
the reduction of the gag recreational ACL and ACT at 50 CFR 
622.41(d)(2)(iii) have already been subject to notice and public 
comment, and all that remains is to notify the public of the closure 
based on the adjusted ACT. Prior notice and opportunity for public 
comment are contrary to the public interest. Prior notice and 
opportunity for public comment would require time and many of those 
affected by the length of the recreational fishing seasons, 
particularly for-hire operations that book trips for clients in 
advance, need as much notice as NMFS is able to provide to adjust their 
business plans to account for changes to the recreational fishing 
season.

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

    Dated: June 24, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-14225 Filed 6-25-24; 4:15 pm]
BILLING CODE 3510-22-P