88 FR 97 pgs. 32142-32143 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2023 Red Snapper Recreational For-Hire Fishing Season in the Gulf of Mexico
Type: RULEVolume: 88Number: 97Pages: 32142 - 32143
Pages: 32142, 32143Docket number: [Docket No. 140818679-5356-02; RTID 0648-XD024]
FR document: [FR Doc. 2023-10777 Filed 5-16-23; 4:15 pm]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140818679-5356-02; RTID 0648-XD024]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2023 Red Snapper Recreational For-Hire Fishing Season in the Gulf of Mexico
AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Temporary rule; closure.
SUMMARY:
NMFS announces the 2023 recreational fishing season for the Federal charter vessel/headboat (for-hire) component for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. The red snapper recreational for-hire component in the Gulf EEZ opens on June 1, 2023, and will close at 12:01 a.m., local time, on August 25, 2023. This closure is necessary to prevent the Federal for-hire component from exceeding its quota and to prevent overfishing of the Gulf red snapper resource.
DATES:
The closure is effective at 12:01 a.m., local time, on August 25, 2023, until 12:01 a.m., local time, on January 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Daniel Luers, NMFS Southeast Regional Office, telephone: 727-551-5719, email: daniel.luers@noaa.gov.
SUPPLEMENTARY INFORMATION:
The Gulf reef fish fishery, which includes red snapper, is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council 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.
[top] The final rule implementing Amendment 40 to the FMP established two components within the recreational sector fishing for Gulf red snapper: the private angling component, and the Federal for-hire component (80 FR 22422, April 22, 2015). Amendment 40 also allocated the red snapper recreational ACL (recreational quota) between the components and established separate seasonal closures for the two components. The Federal
The red snapper for-hire component seasonal closure is projected from the component's ACT. Projecting the for-hire component's seasonal closure using the ACT reduces the likelihood of the harvest exceeding the component quota and the total recreational quota.
All weights described in this temporary rule are in round weight.
The current Federal for-hire component ACT for red snapper in the Gulf EEZ is 2,904,682 lb (1,317,542 kg) (50 CFR 622.41(q)(2)(iii)(B)). However, on February 28, 2023, NMFS published a proposed rule that would revise red snapper catch levels (88 FR 12642). If implemented, that rule would increase the Federal for-hire component ACT to 3,076,322 lb (1,395,396 kg).
The 2023 Federal Gulf red snapper for-hire fishing season has been determined to be 85 days based on NMFS' projection of the date landings are expected to reach the component ACT. The season length projections range from 69-85 days (current) to 73 to 90 days (proposed). NMFS determined that 85 days is likely to constrain harvest to the current or proposed ACT based on catch rates from the most recent 3 years (2020-2022). When using average red snapper for-hire catch rates from those years, NMFS projects that the current quota would be harvested in 85 days. When using only data from 2022, NMFS projects that the proposed quota would be harvested in 85 days. For details about the calculation of the projection for 2023, see https://www.fisheries.noaa.gov/southeast/sustainable-fisheries/gulf-mexico-recreational-red-snapper-management. Therefore, the 2023 recreational season for the Federal for-hire component will begin at 12:01 a.m., local time, on June 1, 2023, and close at 12:01 a.m., local time, on August 25, 2023.
On and after the effective date of the Federal for-hire component closure, the bag and possession limits for red snapper for Federal for-hire vessels are zero. When the Federal for-hire component is closed, these bag and possession limits apply in the Gulf on board a vessel for which a valid Federal for-hire permit for Gulf reef fish has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. In addition, a person aboard a vessel that has been issued a charter vessel/headboat permit for Gulf reef fish any time during the fishing year may not harvest or possess red snapper in or from the Gulf EEZ when the Federal charter vessel/headboat component is closed.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is taken under 50 CFR 622.41(q)(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 rule implementing the recreational red snapper quotas and ACTs, and the rule implementing the requirement to close the for-hire component when its ACT is projected to be reached have already been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because many for-hire 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 fishing season.
Authority:
16 U.S.C. 1801 et seq.
Dated: May 16, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2023-10777 Filed 5-16-23; 4:15 pm]
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