SUPPLEMENTARY INFORMATION:

NMFS manages the reef fish fishery and greater amberjack in Gulf Federal waters under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). NMFS and the Gulf Fishery Management Council prepared the FMP, which was approved by the Secretary of Commerce and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

All weights discussed in this temporary rule are in round weight. The metric conversion for the imperial measurement used in this document is 1 pound (lb) equals approximately 0.45 kilograms.

For Gulf greater amberjack, the commercial annual catch limit (ACL) and commercial ACT (the latter of which is equivalent to the commercial quota) are 101,000 lb and 93,930 lb, respectively (50 CFR 622.41(a)(1)(iii) and 622.39(a)(1)(v)). On February 5, 2026, NMFS reduced the commercial harvest levels for Gulf greater amberjack, in accordance with the current accountability measure at 50 CFR 622.41(a)(1)(ii), because commercial landings in 2025 exceeded the commercial ACL (91 FR 5243). During the rest of 2026 fishing year, which ends on December 31, the commercial ACL is 92,816 lb and the commercial ACT is 85,746 lb.

Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the greater amberjack commercial sector if NMFS estimates that commercial landings will reach the commercial ACT during the fishing year. NMFS has projected that the reduced 2026 commercial ACT of 85,746 lb will be reached by August 5, 2026. Accordingly, NMFS closes the commercial harvest of greater amberjack from the Gulf Federal waters from August 8, 2026, through December 31, 2026.

During the commercial closure, the sale or purchase of greater amberjack taken from Gulf Federal waters 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 the effectiveness of this temporary rule and were held in cold storage by a dealer or processor. The commercial harvest of greater amberjack will re-open on January 1, 2027, the beginning of the following commercial fishing season.

Classification

NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens ( printed page 50483) Act. This action is required by 50 CFR 622.41(a)(1), 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 are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the closure of the greater amberjack commercial sector at 50 CFR 622.41(a)(1) have already been subject to notice and public comment, and all that remains is to notify the public of the commercial 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 commercial harvest that exceeds the reduced commercial ACT.

For the same reasons already stated, the 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.

91 FR 50482