BILLING CODE 3510-22-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 240610-0155]
RIN 0648-BN05
Fisheries of the Caribbean, Gulf of Mexico, and South
Atlantic; Snapper-Grouper Fishery of the South Atlantic
Region; Temporary Measures to Reduce Overfishing of Red
Snapper
AGENCY: National Marine Fisheries Service (NMFS), National
Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures.
SUMMARY: NMFS implements this final temporary rule to
reduce overfishing of red snapper in Federal waters of the
South Atlantic. For the 2024 fishing year, this temporary
rule reduces the commercial and recreational annual catch
limits (ACLs) and revises the authority of the Regional
Administrator to change the red snapper recreational season
dates under certain adverse weather conditions. This
temporary rule also announces the red snapper 2024
commercial and recreational fishing season dates in the
South Atlantic. This temporary rule is effective for 180
days. The purpose of this temporary rule is to reduce
overfishing of red snapper and to provide notification of
the red snapper seasons for 2024.

DATES: This temporary rule is effective on [insert date of
publication in the FEDERAL REGISTER], through December 11,
2024. The 2024 red snapper commercial season opens at 12:01
a.m., local time, July 8, 2024, until 12:01 a.m., local
time, January 1, 2025, unless changed by subsequent
notification in the Federal Register. The 2024 red snapper
recreational season opens at 12:01 a.m., local time, on
July 12, 2024, and closes at 12:01 a.m., local time, on
July 13, 2024.
ADDRESSES: Electronic copies of the environmental
assessment (EA) supporting these interim measures, which
includes a Regulatory Impact Review (RIR), may be obtained
from the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/2024-south-atlanticred-snapper-season.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, NMFS
Southeast Regional Office, telephone: 727-824-5305, or
email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS, with the advice of the
South Atlantic Fishery Management Council (Council),
manages the snapper-grouper fishery, which includes red
snapper, under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The
Council prepared the FMP, and NMFS implements the FMP
through regulations at 50 CFR part 622 under authority of
the Magnuson-Stevens Fishery Conservation and Management

Act (Magnuson-Stevens Act). The EA outlines the rationale
for the interim measures contained in this temporary rule,
and the EA is available from NMFS (see ADDRESSES section).
A summary of the management measures described in the EA
and implemented by this temporary rule is provided below.
All weights described in this temporary rule are in
round weight unless otherwise specified.
Background
NMFS is implementing interim measures to reduce
overfishing of South Atlantic red snapper in 2024 by
reducing the commercial and recreational ACLs for 2024.
NMFS is taking this action in response to the most recent
stock assessment for South Atlantic red snapper, Southeast
Data, Assessment, and Review (SEDAR) 73 (2021). The action
is intended to reduce overfishing of the South Atlantic red
snapper stock in the 2024 fishing year, consistent with the
Magnuson-Stevens Act and its National Standards. The
Magnuson-Stevens Act requires that NMFS and regional
fishery management councils prevent overfishing and
achieve, on a continuing basis, the optimum yield (OY) from
federally managed fish stocks. These mandates are intended
to ensure that fishery resources are managed for the
greatest overall benefit to the Nation, particularly with
respect to providing food production and recreational
opportunities and protecting marine ecosystems. NMFS
notified the Council in July 2021 that overfishing of red

snapper was occurring, but the Council has failed to take
action to end overfishing as required by the MagnusonStevens Act.
South Atlantic red snapper is harvested by commercial
and recreational fishermen. The current overfishing limit
(OFL) and acceptable biological catch (ABC) for red snapper
are 56,000 and 53,000 fish, respectively. The total ACL for
South Atlantic red snapper is 42,510 fish and is allocated
between the commercial sector at 28.07 percent and the
recreational sector at 71.93 percent. That allocation ratio
results in the current commercial ACL of 124,815 pounds
(lb) (56,615 kilograms (kg)) and the recreational ACL of
29,656 fish (50 CFR 622.193(y)). The recreational sector
ACL is specified in numbers of fish because that is a more
reliable estimate for the recreational sector than
specifying the ACL in weight of fish. The current sector
ACLs were implemented in 2018 through the final rule to
implement Amendment 43 to the FMP (83 FR 35428, July 26,
2018).
The most recent stock assessment for red snapper in the
South Atlantic, SEDAR 73, was completed in 2021 using the
Beaufort Assessment Model, which is a statistical catch-at
age model, and included data through 2019. The results of
SEDAR 73 indicated that the South Atlantic red snapper
stock remains overfished and is experiencing overfishing,
and the overfishing is being primarily driven by high

numbers of dead discards in the recreational sector. NMFS
notified the Council via letter dated July 23, 2021, of the
status of the red snapper stock in the South Atlantic based
on the results of SEDAR 73. Following notification that a
stock is undergoing overfishing and is overfished, the
Magnuson-Stevens Act requires the development of an FMP,
amendment, or regulations with actions that end overfishing
immediately and rebuild the affected stock. Amendment 17A
to the FMP, among other measures, established a red snapper
rebuilding plan and specified a 35-year rebuilding schedule
with the rebuilding time period ending in 2044 (75 FR
76874, December 9, 2010). Because SEDAR 73 shows that
adequate progress towards rebuilding is being made and the
stock is projected to be rebuilt by the end of the
rebuilding timeframe, the existing rebuilding plan that was
implemented through Amendment 17A does not need to be
revised, but action is still required to end overfishing.
The SEDAR 73 assessment provided information that can
be used to update the status determination criteria and
various reference points for red snapper, including ABCs
and ACLs. The Council’s Scientific and Statistical
Committee (SSC) reviewed results of the assessment at its
April and July 2021 meetings and recommended new values for
the stock status criteria and OFL and ABC levels to the
Council at the Council’s September 2021 meeting. The SSC
recommended new ABCs for each year through 2027, and its

ABC recommendation for landed fish in 2024 is 31,000 fish
or 368,000 lb (166,922 kg). The SSC’s ABC recommendations
also presumed a level of reductions in red snapper discards
that would require action by the Council.
In response to SEDAR 73, the SSC recommendations, and
NMFS’s July 2021 notification, the Council considered
reducing the red snapper ABCs and ACLs to reduce red
snapper landings and changing fishing gear requirements
intended to reduce dead discards from the recreational
sector through Regulatory Amendment 35 to the FMP
(Regulatory Amendment 35). In March 2023, the Council
approved Regulatory Amendment 35 for submission to NMFS
under section 304(b) of the Magnuson-Stevens Act. However,
the Council did not transmit Regulatory Amendment 35 to
NMFS, and in December 2023, the Council rescinded its March
2023 action to approve Regulatory Amendment 35 for
submission to NMFS. The Council considered the results of a
recent pilot study on the possible overestimation of
recreational fishing effort, and Council members expressed
their individual concerns with Regulatory Amendment 35. The
Council requested additional information concerning red
snapper at its December 2023 and March 2024 meetings and is
not currently developing management measures to begin in
2024 that would address the overfishing of red snapper.
The Council has failed to end the overfishing of red
snapper as required by the Magnuson-Stevens Act. In

addition, the Council has failed to develop ACLs for red
snapper that do not exceed its SSC’s fishing level
recommendations as required by the Magnuson-Stevens Act.
Therefore, NMFS has determined that interim measures to
reduce overfishing are necessary for the 2024 fishing year
while more permanent measures to end overfishing of red
snapper are being considered, including whether to prepare
an amendment developed by the Secretary of Commerce
pursuant to section 304(c)(1)(A) of the Magnuson-Stevens
Act.
To reduce overfishing, NMFS is decreasing the red
snapper commercial ACL and recreational ACL through this
temporary rule for 2024 to reduce the red snapper landings.
These ACL values are the same as the SSC’s recommended
landed ABC values for 2024 based on SEDAR 73 and are the
same as what the Council had previously chosen as its
preferred alternative in Regulatory Amendment 35. As
described in the EA, the total ACL for red snapper is
reduced to 31,000 fish. The total ACL is divided by the
Council’s current allocation ratio for red snapper of 28.07
percent commercial and 71.93 percent recreational. The
revised commercial ACL is 85,268 lb (38,677 kg) and the
revised recreational ACL is 21,167 fish. The commercial
sector ACL is set in pounds of fish because the commercial
sector reports landings in weight, and weight is a more
accurate representation of commercial landings. The

commercial ACL is calculated using the average of the
estimated annual average weights of red snapper
commercially landed from 2017 to 2019, which is 8.67 lb
(3.93 kg) per fish, as derived from SEDAR 73. The ACL for
the recreational sector is specified in numbers of fish
because numbers of fish are a more reliable estimate for
the recreational sector than specifying the ACL in weight
of fish.
NMFS has determined that the action to temporarily
reduce the sector ACLs will reduce overfishing of the South
Atlantic red snapper stock in the 2024 fishing year,
consistent with the Magnuson-Stevens Act, 16 U.S.C.
1855(c)(1), while minimizing adverse effects to the
commercial and recreational sectors.
In addition to the interim measures revising the red
snapper sector ACLs, NMFS is also implementing interim
measures through this temporary rule to revise the
authority of the NMFS Southeast Regional Administrator (RA)
to change the red snapper recreational season opening and
closing dates due to certain adverse weather conditions.
Currently, the RA may modify the opening and closing dates
of the fishing season if tropical storm or hurricane
conditions exist, or are projected to exist, in the South
Atlantic during a red snapper fishing season (50 CFR
622.183(b)(5)(ii)). The regulations state that if the RA
determines tropical storm or hurricane conditions exist, or

are projected to exist, in the South Atlantic, during a
commercial or recreational fishing season, the RA may
modify the opening and closing dates of the fishing season
by filing a notification to that effect with the Office of
the Federal Register and announcing via NOAA Weather Radio
and a Fishery Bulletin any change in the dates of the red
snapper commercial or recreational fishing season. This
flexibility for certain weather conditions was established
to enhance safety at sea during the fishing season and to
help achieve OY by increasing fishing opportunities in the
case of tropical weather during an announced season that
could limit access. The reduced recreational ACL of 21,167
fish results in a 1-day recreational fishing season in
2024, as discussed later in this temporary rule. In
consideration of the 1-day recreational fishing season
announced in this temporary rule, NMFS is providing the RA
greater flexibility to modify the recreational fishing
season dates in case of adverse weather that is classified
by the National Weather Service (NWS) at least as severe as
a Small Craft Advisory. For the South Atlantic, the NWS
defines a Small Craft Advisory as sustained winds of 20 to
33 knots (10 to 17 meters/second), and/or forecast seas of
7 feet (2.1 meters) or greater that are expected for more
than 2 hours (https://weather.gov/marine/cwd).
Specifically, the RA may modify the opening and closing
dates of the recreational fishing season if the RA

determines that conditions that result in weather at least
as severe as a Small Craft Advisory exist, or are projected
to exist, during the announced recreational season in the
South Atlantic. In such circumstances, the RA will file a
notice to change the recreational season dates with the
Office of the Federal Register and announce it via NOAA
Weather Radio and a Fishery Bulletin. NMFS has determined
that for the 2024 fishing year this interim measure may
help mitigate derby-style (race-to-fish) conditions in such
adverse weather and is also being implemented to be
consistent with Magnuson-Stevens Act National Standard 10
to promote safety of life at sea to the extent practicable.
However, as discussed in the National Standard 10
Guidelines, this measure does not replace the judgment or
relieve the responsibility of the vessel master related to
vessel safety. “The safety of a vessel and the people
aboard is ultimately the responsibility of the master of
that vessel. Each master makes many decisions about vessel
maintenance and loading and about the capabilities of the
vessel and crew to operate safely in a variety of weather
and sea conditions.” (50 CFR 600.355(b)(3))
The interim measures implemented by this temporary rule
would be expected to decrease net economic benefits to the
commercial and recreational sectors by $913,274 in the 2024
fishing year (in 2022 dollars) compared to taking no
action. However, this reduction in net economic benefits is

less than the expected reductions under any of the other
action alternatives considered by NMFS and discussed in the
EA. Further, the action would result in biological benefits
to the red snapper stock by reducing landings in 2024 and
reducing overfishing. The reduced ACLs in this temporary
rule are expected to help minimize future adverse social
and economic effects by potentially decreasing further
reductions in the allowable harvest levels required to end
overfishing of red snapper that would be required through
future action.
Red Snapper Fishing Season
Red snapper may only be harvested or possessed in or
from the South Atlantic Federal waters during the
respective commercial and recreational seasons. Each year,
NMFS announces the season opening dates in the Federal
Register (50 CFR 622.183(b)(5)). The commercial season
begins on the second Monday in July, unless otherwise
specified. The commercial accountability measure (AM)
requires the sector to close for the remainder of the
fishing year if commercial landings reach or are projected
to reach the commercial ACL. The recreational season, which
consists of weekends only (Fridays, Saturdays, and
Sundays), begins on the second Friday in July, unless
otherwise specified. NMFS projects the length of the
recreational fishing season and announces the recreational
fishing season end date in the Federal Register. During the

season, the commercial trip limit is 75 lb (34 kg), gutted
weight and the recreational bag limit is 1 fish per person.
As a result of the interim measures in this temporary
rule, there will be shorter commercial and recreational
fishing seasons for red snapper than in previous years. The
length of the red snapper commercial season has ranged from
43 to 114 days since 2017. For 2024, based on the reduced
commercial ACL and as described in the EA, NMFS has
projected that the commercial season will be open for 35
days but will monitor commercial landings during the season
and announce a closure for the commercial sector when
commercial landings reach, or are projected to reach, the
commercial ACL. The length of the red snapper recreational
season has ranged from 2-9 days since 2017. For 2024, based
on the reduced recreational ACL and as described in the EA,
NMFS determined the average of 2021, 2022 and preliminary
2023 landings scenario is the most appropriate to use to
determine the 2024 fishing season, and the length of the
recreational season for red snapper will be 1 day.
Management Measures Contained in This Temporary Rule
During the effectiveness of this temporary rule in
2024, the total ACL for red snapper is 31,000 fish. This
temporary rule revises the commercial and recreational ACLs
using the existing sector allocation ratios. Therefore,
during the effectiveness of this temporary rule, the
commercial ACL is reduced from 124,815 lb (56,615 kg) to

85,268 lb (38,677 kg) and the recreational ACL is reduced
from 29,656 fish to 21,167 fish.
The temporary reductions in the ACLs being implemented
through this temporary rule are expected to result in
earlier in-season closures in 2024, particularly for the
commercial sector. The earlier closures would likely result
in short-term adverse social and economic effects. However,
NMFS expects the temporary ACLs to minimize future adverse
social and economic effects by potentially reducing future
reductions in the ACLs required to end overfishing. The
temporary ACLs would also provide biological benefits to
the red snapper stock by reducing the current levels of
fishing mortality.
This temporary rule also revises the authority of the
RA to change the red snapper recreational season opening
and closing dates based on certain adverse weather
conditions. As previously discussed, if the RA determines
that weather conditions classified by the NWS as a Small
Craft Advisory or more severe exist, or are projected to
exist, during an announced recreational season in the South
Atlantic, the RA may modify the opening and closing dates
of the recreational fishing season by filing a notification
to that effect with the Office of the Federal Register, and
announcing via NOAA Weather Radio and a Fishery Bulletin
any change in the dates of the red snapper recreational
fishing season.

The current weather flexibility authority of the RA
for the commercial sector will not change as a result of
this temporary rule. Given the longer length of the
commercial fishing season, there is more time and greater
flexibility for commercial fishermen to decide when to go
to sea and when not to in consideration of adverse weather
conditions, and NMFS does not expect derby-like conditions
in the commercial sector.
Unless NMFS communicates a recreational fishing season
date change as described in this temporary rule, the 2024
recreational season will open and close as specified in the
DATES section of this temporary rule. The interim measures
to revise the RA's authority to allow for changing the
recreational season opening date in the case of a Small
Craft Advisory or worse weather does not automatically mean
that the recreational season dates would change if these
conditions were to exist, or were projected to exist, in
the South Atlantic. The interim measures only provide the
RA greater flexibility of his authority when making
weather-related decisions with respect to the recreational
season.
NMFS determined that this temporary rule is necessary
to reduce overfishing of red snapper in the South Atlantic.
NMFS considers this action to be based on the best
scientific information available. This temporary rule is
effective for 180 days after the date of publication in the

Federal Register, as authorized by section 305(c) of the
Magnuson-Stevens Act. NMFS will not be extending the
effectiveness of the interim measures past 180 days since
consistent with 50 CFR 622.183(b)(5) and 622.193(y), NMFS
will have already announced the commercial and recreational
fishing seasons for 2024 and the seasons will be closed by
the time this temporary rule expires.
NMFS and the Council will continue to explore new
management measures to address red snapper overfishing in
the long term. These measures could include a future
amendment to the FMP developed by and recommended by the
Council, as well as the preparation of a plan amendment
developed by the Secretary.
2024 Commercial and Recreational Fishing Season Dates
In addition to reducing the sector ACLs for the 2024
fishing year, this temporary rule announces the red snapper
commercial season opening date and the recreational season
opening and closing dates for the 2024 fishing year. The
2024 commercial and recreational season lengths are
determined using the temporary revised sector ACLs. This
temporary rule does not alter the existing regulations with
respect to the fishing season structure or announcement.
For the commercial sector, and consistent with the
regulations in 50 CFR 622.183(b)(5), the 2024 red snapper
commercial season opens on July 8, 2024, and will remain
open until 12:01 a.m., local time, on January 1, 2025,

unless the commercial ACL is reached or projected to be
reached prior to this date. NMFS will monitor commercial
landings during the open season, and if commercial landings
reach or are projected to reach the commercial ACL, then
NMFS will file a notification with the Office of the
Federal Register to close the commercial sector for red
snapper for the remainder of the fishing year. On or after
the effective date of a commercial closure notification,
all sale or purchase of red snapper is prohibited and
harvest or possession of red snapper is limited to the bag
and possession limits if recreational harvest is still
allowed. This bag and possession limit and the prohibition
on sale/purchase apply in the South Atlantic on board a
vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper
has been issued without regard to where such species were
harvested or possessed, i.e., in state or Federal waters.
On and after the effective date of a recreational closure
notification, the bag and possession limits for red snapper
are zero. During the commercial fishing season, the
commercial trip limit is 75 lb (34 kg), gutted weight.
For the recreational sector, and consistent with the
regulations in 50 CFR 622.183(b)(5), including the interim
measures in 50 CFR 622.183(b)(5)(iii), the 2024 red snapper
recreational season opens at 12:01 a.m., local time, on
July 12, 2024, and closes at 12:01 a.m., local time, on

July 13, 2023. During the recreational season, the
recreational bag limit is one red snapper per person, per
day. The length of the recreational fishing season serves
as the AM for the recreational sector. The length of the
red snapper recreational season is projected based on catch
rate estimates from previous years to avoid the
recreational ACL that is in effect from being exceeded.
After the closure of the recreational sector, the
recreational bag and possession limits for red snapper are
zero.
There is not a red snapper minimum or maximum size
limit for the commercial and recreational sectors during
the open seasons.
Exempted Fishing Permits (EFPs) and Other Activity
Separate from the specific action in this temporary
rule, there are projects underway in the South Atlantic in
2024 that will inform the future management of red snapper
and the snapper-grouper fishery. These include NMFS-funded
projects to test innovative management practices through
EFPs, the Council-funded Management Strategy Evaluation
(MSE) of the snapper-grouper fishery, and the South
Atlantic Red Snapper Research Program (SARSRP).
In early 2024, NMFS recommended funding five projects
totaling $879,211 that would explore new approaches to
better understand and reduce red snapper dead discards and
increase fishing opportunities in the South Atlantic

snapper-grouper fishery. The projects include testing
innovative management strategies such as lotteries and
limits to the number of trips for the recreational
sector. Other projects would characterize recreational red
snapper fishing behavior, catch, and discard composition,
in addition to testing the use of portable electronic
monitoring systems by recreational fishermen to collect
information. If funded, NMFS expects project funds to be
available later this summer. Three of the projects that
NMFS may fund would require EFPs issued to the Florida Fish
and Wildlife Conservation Commission (FWC). Through EFPs,
NMFS may authorize, among other things, the target or
incidental harvest of species that would otherwise be
prohibited for limited testing and data collection (50 CFR
600.745(b)). The FWC submitted applications for these EFPs
and NMFS took public comments on the applications through
April 22, 2024 (89 FR 23977, April 5, 2024, and 89 FR
23979, April 5, 2024).
In addition, there are two other ongoing projects to
gain information on the snapper-grouper fishery: the MSE
and the SARSRP. The Council-funded MSE is currently being
conducted for the entire snapper-grouper fishery. The MSE
is a process that would allow scientists and managers to
evaluate and test various management strategies to
determine how best they will perform and meet management
goals. The Council is scheduled to review the results of

the MSE in December 2024. The SARSRP is being conducted to
produce an independent estimate of the population size of
South Atlantic red snapper aged 2 years and older from
North Carolina through Florida. This study will help inform
the next stock assessment for red snapper, which is
expected to begin later in 2024 (SEDAR 90).
Classification
This action is issued pursuant to section 305(c) of
the Magnuson-Stevens Act, 16 U.S.C. 1855(c). The Assistant
Administrator (AA) for Fisheries, NOAA, has determined that
this temporary rule is consistent with the Magnuson-Stevens
Act, the FMP, and other applicable law. This action is
being taken pursuant to the emergency provisions of the
Magnuson-Stevens Act and is exempt from Office of
Management and Budget review.
The AA finds good cause to waive the requirements to
provide prior notice and opportunity for public comment
pursuant to the authority set forth in 5 U.S.C. 553(b)(B).
Providing prior notice and opportunity for public comment
on this action would be contrary to the public interest.
The red snapper stock in the South Atlantic was
assessed through SEDAR 73 in 2021. The assessment indicates
that the stock is overfished and continues to undergo
overfishing. The Council’s SSC made final catch level
recommendations in September 2021, and the Council
considered these recommendations in Regulatory Amendment

35. The Council considered measures to reduce overfishing
in Regulatory Amendment 35 and approved measures to reduce
red snapper catch levels in Regulatory Amendment 35 in
March 2023, then rescinded its approval in December 2023
and did not submit Regulatory Amendment 35 to NMFS. The
Council has not recommended any actions be taken that would
reduce overfishing of the red snapper stock in the 2024
fishing year.
Because the Council has failed to meet the MagnusonStevens Act requirement to end overfishing of red snapper
and develop revised catch limits that do not exceed its
SSC’s catch limit recommendations, NMFS has determined that
interim measures to reduce overfishing of red snapper are
necessary for the 2024 fishing season. Thus, this temporary
rule reduces the sector ACLs for red snapper in the 2024
fishing season, announces the red snapper 2024 commercial
and recreational fishing season dates in the South
Atlantic, and implements additional authority for the RA to
change the red snapper recreational season dates in the
case of adverse weather. If NMFS were to provide prior
notice and comment, NMFS would be unable to implement these
measures prior to the beginning of the 2024 fishing year.
Further, because the seasons begin in early July,
announcing the length of the fishing seasons now allows
each sector to prepare for the upcoming harvest, provides
opportunity to charter vessel and headboat (for-hire)

fishing vessels to book trips that could increase their
revenues and profits, and gives the South Atlantic states
the time needed to prepare for their respective data
collection needs for the season. Therefore, the reductions
in the commercial and recreational ACLs for red snapper,
the announcement of the red snapper 2024 commercial and
recreational fishing season dates, and implementation of
the weather flexibility provision for the red snapper
recreational season opening date must be implemented
immediately, and prior notice and opportunity for public
comment would be contrary to the public interest.
The need to implement these measures immediately for
the reasons stated above also constitutes good cause under
authority contained in 5 U.S.C. 553(d)(3) to waive the 30day delay in effectiveness of the rule.
This final temporary rule is exempt from the
procedures of the Regulatory Flexibility Act because the
rule is issued without opportunity for prior notice and
opportunity for public comment pursuant to 5 U.S.C. 553 or
other law. Accordingly, no regulatory flexibility analysis
is required and none has been prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Commercial, Fisheries, Fishing,
Recreational, Red Snapper, South Atlantic.

Dated: June 11, 2024.


Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory
Programs,
National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part
622 is amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622 continues to
read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.183, suspend paragraph (b)(5)(ii) and add
paragraph (b)(5)(iii) to read as follows:
§ 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(5) * * *
(iii) For the commercial sector, if the RA determines
tropical storm or hurricane conditions exist, or are
projected to exist, in the South Atlantic during a

commercial fishing season, the RA may modify the opening
and closing dates of the fishing season by filing a
notification to that effect with the Office of the Federal
Register and announcing via NOAA Weather Radio and a
Fishery Bulletin any change in the dates of the red snapper
commercial fishing season. For the recreational sector, if
the RA determines that weather conditions classified by the
National Weather Service at least as severe as a small
craft advisory exist, or are projected to exist, in the
South Atlantic EEZ, the RA may modify the opening and
closing dates of the recreational fishing season by filing
a notification to that effect with the Office of the
Federal Register and announcing via NOAA Weather Radio and
a Fishery Bulletin any change in the dates of the red
snapper recreational fishing season.
* * * * *
3. In § 622.193, suspend paragraph (y) and add
paragraph (aa) to read as follows:
§ 622.193 Annual catch limits (ACLs) and accountability
measures (AMs).
* * * * *
(aa) Red snapper - (1) Commercial sector. The
commercial ACL for red snapper is 85,268 lb (38,677 kg),
round weight. See § 622.183(b)(5) for details on the
commercial fishing season. NMFS will monitor commercial
landings during the season, and if commercial landings, as

estimated by the SRD, reach or are projected to reach the
commercial ACL, the AA will file a notification with the
Office of the Federal Register to close the commercial
sector for red snapper for the remainder of the year. On
and after the effective date of the closure notification,
all sale or purchase of red snapper is prohibited and
harvest or possession of red snapper is limited to the
recreational bag and possession limits and only during such
time as harvest by the recreational sector is allowed as
described in § 622.183(b)(5). This bag and possession limit
and the prohibition on sale/purchase apply in the South
Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, without regard to
where such species were harvested or possessed, i.e., in
state or Federal waters.
(2) Recreational sector. The recreational ACL for red
snapper is 21,167 fish. The AA will file a notification
with the Office of the Federal Register to announce the
length of the recreational fishing season for the current
fishing year. The length of the recreational fishing season
for red snapper serves as the in-season accountability
measure. See § 622.183(b)(5) for details on the
recreational fishing season. On and after the effective
date of the recreational closure notification, the bag and
possession limits for red snapper are zero.
[FR Doc. 2024-13161 Filed: 6/13/2024 8:45 am; Publication Date: 6/14/2024]