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, 50530-50535 [2024-13161]
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Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Rules and Regulations
On December 18, 2023, NMFS
published a final temporary rule to
implement emergency measures for Gulf
greater amberjack (88 FR 87365). That
temporary rule implemented a revised
commercial trip limit of seven fish to
decrease the likelihood of exceeding the
adjusted 2024 catch limits and to extend
the 2024 commercial fishing season.
The emergency measures are effective
through June 15, 2024. On May 15,
2024, NMFS published a proposed rule
to implement a framework action
recommended by the Council that
would modify the commercial trip limit
to seven fish (89 FR 42413). However,
if implemented, this commercial trip
limit will not be effective before NMFS
projects that the 2024 adjusted
commercial quota will be reached.
Commercial Trip Limit Reduction
NMFS has determined that when the
emergency measures implementing the
seven fish commercial trip limit end on
June 15, 2024, 75 percent of the Gulf
greater amberjack 2024 adjusted
commercial quota will have been
reached. Accordingly, consistent with
50 CFR 622.43(a)(2), NMFS is reducing
the greater amberjack commercial trip
limit to 250 lb (113 kg), gutted weight,
(260 lb (118 kg)) in or from the Gulf EEZ
at 12:01 a.m., local time, June 16, 2024.
This reduced commercial trip limit will
remain in effect until 12:01 a.m., local
time, June 30, 2024, the date that NMFS
has projected that the Gulf greater
amberjack 2024 adjusted commercial
quota will be reached.
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Commercial AM and Closure
Under 50 CFR 622.41(a)(1)(i), NMFS
is required to close the greater
amberjack commercial sector when the
commercial ACT is reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined that the 2024 adjusted
commercial ACT of 58,650 lb (26,603
kg) will be reached as of June 30, 2024.
Accordingly, NMFS closes commercial
harvest of greater amberjack from the
Gulf EEZ effective 12:01 a.m., local
time, June 30, 2024, through December
31, 2024.
During the commercial closure, the
sale or purchase of greater amberjack
taken from the EEZ 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 12:01 a.m.,
local time, June 30, 2024, and were held
in cold storage by a dealer or processor.
The commercial sector for greater
amberjack will re-open on January 1,
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2025, the beginning of the 2025 greater
amberjack commercial fishing season.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.41(a)(1) and 622.43(a)(2), which
were issued pursuant to section 304(b)
of the Magnuson-Stevens Act, and are
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 regulations
associated with the closure of the
greater amberjack commercial sector 50
CFR 622.41(a)(1) and the commercial
trip limit reduction at 50 CFR
622.43(a)(2) have already been subject to
notice and public comment, and all that
remains is to notify the public of the trip
limit reduction and subsequent 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 harvest well in excess of the
commercial ACL. NMFS is required to
reduce the 2025 commercial ACT and
ACL by the amount of any overage of
the 2024 commercial ACL, which would
reduce the 2025 fishing season.
For the aforementioned reasons, the
Assistant Administrator for Fisheries
(AA) also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
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; SnapperGrouper Fishery of the South Atlantic
Region; Temporary Measures To
Reduce Overfishing of Red Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; interim
measures.
AGENCY:
Dated: June 10, 2024.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
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 June 14, 2024, 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.
[FR Doc. 2024–13046 Filed 6–10–24; 4:15 pm]
ADDRESSES:
Authority: 16 U.S.C. 1801 et seq.
BILLING CODE 3510–22–P
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SUMMARY:
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-atlantic-red-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
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Fishery Management Council (Council),
manages the snapper-grouper fishery,
which includes red snapper, under the
Fishery Management Plan for the
Snapper-Grouper 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
Magnuson-Stevens 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
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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
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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 MagnusonStevens 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
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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
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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.
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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.
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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
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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 snappergrouper has been issued without regard
to where such species were harvested or
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50533
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 Councilfunded 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
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(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
VerDate Sep<11>2014
16:11 Jun 13, 2024
Jkt 262001
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 Magnuson-Stevens 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 30-day 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.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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
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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
VerDate Sep<11>2014
16:11 Jun 13, 2024
Jkt 262001
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
PO 00000
Frm 00035
Fmt 4700
Sfmt 9990
50535
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 6–13–24; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Rules and Regulations]
[Pages 50530-50535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13161]
-----------------------------------------------------------------------
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 June 14, 2024, 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-atlantic-red-snapper-season.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
[email protected].
SUPPLEMENTARY INFORMATION: NMFS, with the advice of the South Atlantic
[[Page 50531]]
Fishery Management Council (Council), manages the snapper-grouper
fishery, which includes red snapper, under the Fishery Management Plan
for the Snapper-Grouper 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 Magnuson-Stevens 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
[[Page 50532]]
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.
[[Page 50533]]
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
[[Page 50534]]
(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 Magnuson-Stevens 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 30-day 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
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.183, suspend paragraph (b)(5)(ii) and add paragraph
(b)(5)(iii) to read as follows:
Sec. 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.
* * * * *
0
3. In Sec. 622.193, suspend paragraph (y) and add paragraph (aa) to
read as follows:
Sec. 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 Sec. 622.183(b)(5)
for details on the commercial fishing season. NMFS
[[Page 50535]]
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 Sec. 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 Sec. 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 6-13-24; 8:45 am]
BILLING CODE 3510-22-P
