[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Rules and Regulations]
[Pages 53882-53883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14332]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140819686-5999-02; RTID 0648-XE065]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2024 Commercial Closure for Gag 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 
sector of gag in South Atlantic Federal waters. NMFS projects that 
commercial landings of gag will reach the adjusted commercial quota for 
2024. Therefore, NMFS closes the commercial sector of gag in South

[[Page 53883]]

Atlantic Federal waters to protect the gag resource from overfishing.

DATES: This temporary rule is effective from 12:01 a.m. local time June 
30, 2024, through December 31, 2024.

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 gag 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 and 
NMFS, and 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 in gutted weight.
    On October 23, 2023, NMFS implemented the final rule for Amendment 
53 to the FMP (88 FR 65135, September 21, 2023). Among other measures 
for gag, the final rule specified the commercial annual catch limit 
(ACL) in 2024 at 128,096 pounds (lb) or 58,103 kilograms (kg) [50 CFR 
622.190(a)(7)(ii)]. However, on April 26, 2024, NMFS implemented an 
accountability measure (AM) for the commercial harvest of gag, because 
commercial landings in 2023 exceeded the commercial ACL that year (89 
FR 21214, March 27, 2024). The commercial AM reduced the commercial ACL 
of gag for the 2024 fishing year to 62,922 lb (28,541 kg).
    Under 50 CFR 622.193(c)(1)(i), NMFS is required to close the 
commercial sector for the harvest of gag during the rest of the fishing 
year when its ACL, which is equivalent to the commercial quota 
specified in Sec.  622.190(a)(7), has been reached or is projected to 
be reached. NMFS projects that commercial landings of gag will reach 
the adjusted commercial quota for the 2024 fishing year. Therefore, the 
commercial sector of gag is closed beginning June 30, 2024, and will 
remain closed through December 31, 2024.
    The recreational harvest of gag in the South Atlantic is also 
closed for the rest of 2024 (89 FR 19513, March 19, 2024). Therefore, 
gag may not be harvested or possessed in or from South Atlantic Federal 
waters during this commercial closure, and the sale or purchase of gag 
from the South Atlantic is prohibited. These prohibitions apply to any 
person on a vessel issued a Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper in South Atlantic 
Federal waters or state waters. The prohibition on sale or purchase 
does not apply to gag that were harvested, landed ashore, and sold 
before the effective period of this commercial closure, and were held 
in cold storage by a dealer or processor [50 CFR 622.190(c)(1)(i)]. The 
operator of a vessel with a valid Federal commercial vessel permit for 
South Atlantic snapper-grouper with gag on the vessel must have landed 
and bartered, traded, or sold such gag before June 30, 2024.
    The 2025 fishing season for the commercial harvest of South 
Atlantic gag opens again on May 1, 2025 [50 CFR 622.183(b)(1)].

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(c)(1)(i), 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 are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
commercial closure of the gag 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 on this action 
is contrary to the public interest because of the need to immediately 
implement the commercial closure to protect the gag resource in the 
South Atlantic. The capacity of the commercial fishing fleet allows for 
rapid harvest of the commercial quota, and any delay in the closure 
could result in the exceedance of the applicable quota. Prior notice 
and opportunity for public comment would require time and would 
potentially result in a harvest that exceeds the commercial quota.
    For the reasons just stated, NMFS 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 25, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-14332 Filed 6-25-24; 4:15 pm]
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