[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Proposed Rules]
[Pages 22938-22943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10510]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 171031999-8428-01]
RIN 0648-BH39


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 43

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

[[Page 22939]]


ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 43 to the Fishery Management Plan for the Snapper-Grouper 
Fishery of the South Atlantic Region (FMP), as prepared and submitted 
by the South Atlantic Fishery Management Council (Council). If 
implemented, this proposed rule would allow for the harvest of red 
snapper in South Atlantic Federal waters. This proposed rule would 
revise red snapper commercial and recreational annual catch limits 
(ACL). The purpose of this proposed rule is to minimize adverse socio-
economic effects to fishermen and fishing communities that utilize red 
snapper as part of the snapper-grouper fishery, while preventing 
overfishing from occurring and continuing to rebuild the red snapper 
stock.

DATES: Written comments on the proposed rule must be received by June 
18, 2018.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2017-0148,'' by either of the following methods:
     Electronic submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0148, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Frank Helies, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 43 may be obtained from 
www.regulations.gov or the Southeast Regional Office website at http://sero.nmfs.noaa.gov. Amendment 43 includes an environmental assessment, 
regulatory impact review, Regulatory Flexibility Act (RFA) analysis, 
and fishery impact statement.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region is managed under the FMP and includes red snapper, 
along with other snapper-grouper species. The FMP was prepared by the 
Council and is implemented by NMFS through regulations at 50 CFR part 
622 under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act).

Background

    Harvest of red snapper from South Atlantic Federal waters was 
prohibited in 2010 through a temporary interim rule and then through 
Amendment 17A to the FMP when the stock was determined to be overfished 
and undergoing overfishing (Southeast Data, Assessment, and Review 
(SEDAR) 15, 2009)(74 FR 63673, December 4, 2009; 75 FR 76874, December 
9, 2010). Amendment 17A also implemented a 35-year red snapper 
rebuilding plan that began in 2010, and set the red snapper stock ACL 
at zero. In 2013, Amendment 28 to the FMP established a process that 
allowed red snapper harvest (ACL greater than zero) if total removals 
(landings plus dead discards) were less than the acceptable biological 
catch (ABC) in the previous fishing year (78 FR 44461, July 24, 2013). 
Using the process established through Amendment 28, limited harvest of 
red snapper was allowed in 2012, 2013, and 2014. However, because the 
estimated total removals of red snapper exceeded the ABC in 2014, 2015, 
and 2016, due to estimates of red snapper discards that were 
incidentally harvested as bycatch while targeting other species, there 
was no allowable harvest in 2015 and 2016. In 2017, as a result of new 
scientific information regarding the red snapper stock, NMFS allowed 
limited commercial and recreational harvest of red snapper by a 
temporary rule through emergency action pursuant to the Magnuson-
Stevens Act (82 FR 50839, November 2, 2017).

Status of the Stock

    The most recent stock assessment for South Atlantic red snapper, 
SEDAR 41 (2017), was completed in 2016 and subsequently revised in 
2017. SEDAR 41 (2017) evaluated data through 2014 and determined the 
red snapper stock was overfished and that overfishing was occurring. 
The stock assessment indicated that overfishing was occurring because 
the estimated fishing mortality based on the average over the last 
three years of the assessment represented in the model (2012-2014) 
exceeded the maximum fishing mortality threshold. Though limited red 
snapper harvest was allowed in 2012-2014, a large majority of the 
estimated fishing mortality was attributed to very large and uncertain 
dead discard estimates when fishermen were targeting red snapper and 
species that co-occur with red snapper, such as vermilion snapper, gag, 
red grouper, black sea bass, gray triggerfish, greater amberjack, and 
scamp. The Council's Scientific and Statistical Committee (SSC) 
reviewed the SEDAR 41 (2017) stock assessment and indicated the 
estimate of recreational discards was the greatest source of 
uncertainty in the stock assessment. It was acknowledged in the 
assessment that discarding of red snapper has increased over time due 
to changes in minimum landing size to 20 inches (51 cm) in 1992, 
increases in abundance of young fish from above-average year classes in 
some recent years, the introduction of the moratorium in 2010 and 2011, 
and the small commercial catch limits and recreational bag limits in 
the mini-seasons for 2012 onwards. Because most of the catch is now 
discarded, the number of discards is dependent upon fisher recalls, and 
these estimates are expanded based on small sample size; thus, the 
quality of total fishery removals estimates is poor and uncertain, 
which will impact estimation of stock size and fishing mortality.
    In May 2016, the Council's Scientific and Statistical Committee 
(SSC) reviewed SEDAR 41 (2017) and had an extensive discussion of the 
uncertainties associated with the assessment. The SSC stated that the 
assessment was based on the best scientific information available, but 
noted the assessment findings were highly uncertain regarding to what 
extent overfishing was occurring (i.e., the actual numerical value of 
the current fishing mortality estimate), and regarding the measures of 
discards. The SSC indicated that the most significant sources of 
uncertainty in the assessment include: The stock-recruitment 
relationship, natural mortality at age, the age structure of the 
unfished population, the composition and magnitude of recreational 
discards (where dead discards greatly outnumbered the landings during 
the years 2012 through 2014), and potential changes in catch per unit 
effort (CPUE). The SSC developed its ABC recommendations based on SEDAR 
41, and the total ABC recommendation for 2018, is 53,000 red snapper.
    The projections of yield streams used in SEDAR 41 (2017) included 
both landings and dead discards, which were

[[Page 22940]]

added to obtain an estimate of the total removals. The SSC divided its 
53,000 fish ABC recommendation into landed fish (18,000) and discarded 
fish (35,000). Because of the recent closures in 2015 and 2016 in the 
fishery, in January 2017 the Council requested that the NMFS Southeast 
Fishery Science Center (SEFSC) provide red snapper projections under 
the assumption that all fish caught are subsequently discarded, 
believing that such projections would be more informative for 
management. The SEFSC advised the Council in February 2017 that the 
requested projections were not appropriate for management use because 
uncertainty in the assessment was already large, and the uncertainty 
would increase with a more complete evaluation of the effect of the 
upcoming changes to Marine Recreational Information Program (MRIP). 
Recreational catch and effort data, including discards, are monitored 
through MRIP, which is transitioning from the current telephone survey 
design to a new mail survey design for estimating marine recreational 
private angler fishing effort.
    Additionally, in their February 2017 response, the SEFSC advised 
the Council that the uncertainty in the stock assessment inhibits the 
ability to set an ABC that can be effectively monitored. The SEFSC 
further stated in an April 2017 letter to the Council, that the use of 
an ABC based primarily on fishery discards for monitoring the 
effectiveness of management action is likely ineffective due to the 
high level of uncertainty in measures of discards and the change in the 
effort estimation methodology that will be implemented in the MRIP 
survey. NMFS has determined that, given the extreme uncertainty 
associated with the red snapper recreational discard estimates, it is 
not appropriate to rely on those discard estimates for the management 
of red snapper, and the division of the SSC's ABC recommendation of 
53,000 fish into landed fish and discarded fish is unwarranted.
    The results of SEDAR 41 (2017) using data through 2014, indicated 
that the red snapper stock was still overfished, but was rebuilding in 
accordance with the rebuilding plan. NMFS sent the Council a letter on 
March 3, 2017, noting these results and the SEFSC's concerns regarding 
the substantial uncertainty in the assessment, and advising the Council 
that sufficient steps had been taken to address overfishing of red 
snapper while continuing to rebuild the stock through harvest 
prohibitions in 2015 and 2016.
    This determination is supported by a significant increase in stock 
biomass since 2010 to levels not seen since the 1970's, and the 
increasing abundance of older age classes (SEDAR 41 2017). Additional 
support for the determination comes from fishery-independent 
information collected through the Southeast Reef Fish Survey (SERFS) 
program, and the East Coast Fisheries Independent Monitoring 
information conducted by the Florida Fish and Wildlife Conservation 
Commission (FWCC). According to the SERFS, the relative abundance 
(CPUE) of red snapper has increased since 2009, reaching the highest 
level observed in the entire time series (1990-2016) in 2016. In 
addition, the SERFS program notified the Council at the December 2017 
meeting that red snapper relative abundance, as measured through 
fishery-independent monitoring, increased 18 percent from 2016 to 2017. 
According to the results of FWCC's study, CPUE for red snapper for hook 
gear (surveyed in 2012, 2014, 2016, and 2017) and the standardized 
index of abundance (surveyed from 2014-2017) was highest in 2017. The 
FWCC data also showed a greater number of large red snapper and a 
broader range of ages in recent years, which suggests rebuilding 
progress of the red snapper stock. Additionally, the increase in 
relative abundance of red snapper indicated by the fishery-independent 
CPUE indices has taken place despite landings during the limited 
seasons in 2012-2014 and despite the large number of estimated red 
snapper dead discards during the harvest restrictions implemented for 
red snapper since 2010.
    As a result of the new scientific information regarding the red 
snapper stock, NMFS allowed limited harvest of red snapper beginning 
November 2, 2017, by a final temporary rule through emergency action 
(82 FR 50839, November 2, 2017). The amount of harvest allowed in the 
temporary rule was equivalent to the amount of observed landings in the 
2014 fishing season, and this proposed rule would allow the same amount 
of harvest annually beginning in 2018. NMFS determined that allowing 
the same amount of harvest as occurred in 2014 was unlikely to result 
in overfishing or change the red snapper rebuilding time period. NMFS 
has determined that Amendment 43 is based on the best scientific 
information available. Additionally, the ACL proposed in Amendment 43 
is less than the ABC provided by the SSC from SEDAR 41, in accordance 
with the Magnuson-Stevens Act and the National Standard 1 Guidelines. 
See 16 U.S.C. 1852(h)(6), 50 CFR 600.310(f)(4)(i).

Management Measure Contained in This Proposed Rule

    Based on the actions in Amendment 28, the FMP currently contains 
total ABCs that are then divided, with one component for landings and 
another for discards. By changing the process for determining the ACL 
for red snapper established in Amendment 28, this proposed rule would 
implement management measures concerning the commercial and 
recreational harvest, beginning in 2018. Limited commercial and 
recreational harvest of red snapper would be allowed by implementing a 
total ACL of 42,510 fish, based on the landings observed during the 
limited red snapper season in 2014. This ACL is less than the SSC's 
most recent total ABC recommendation of 53,000 red snapper, and is less 
than the 79,000 fish landings component of the 135,000 fish total ABC 
projection for 2018 in Amendment 28. Based on the current sector 
allocation ratio developed by the Council for red snapper of 28.07 
percent commercial and 71.93 percent recreational, the total ACL is 
divided into a commercial ACL of 124,815 lb (56,615 kg), round weight, 
and a recreational ACL of 29,656 fish. The commercial sector's ACL is 
set in pounds of fish because the commercial sector reports landings in 
weight. Therefore, weight is a more accurate representation of 
commercial landings. In this proposed rule, for the commercial sector, 
one red snapper is equivalent to 9.71 lb (4.40 kg), round weight. ACLs 
for the recreational sector are specified in numbers of fish, because 
the Council determined that numbers of fish are a more reliable 
estimate for that sector than specifying the ACL in weight of fish. 
Because surveys that estimate recreational landings collect information 
on numbers of fish and convert those numbers to weights using 
biological samples that are sometimes limited, the Council believes 
that there can be uncertainty in estimates of recreational landings by 
weight.

Additional Proposed Changes to Codified Text not in Amendment 43

    To implement the limits on red snapper harvest described in 
Amendment 43, this proposed rule not only would amend the existing 
regulations to make the changes to the ACLs described above, but also 
would make other minor modifications to the existing regulations. Thus, 
the regulatory text of this proposed rule would implement several 
management

[[Page 22941]]

measures in Amendment 43 that function as accountability measures (AMs) 
to constrain red snapper harvest to these ACLs. Specifically, new 
language in the regulatory text would set limits on commercial and 
recreational red snapper seasons by providing that recreational harvest 
begins on the second Friday in July, and that the recreational season 
consists of weekends only (Friday, Saturday, Sunday). Under Amendment 
43 and the proposed rule's regulatory text, the length of the 
recreational fishing season would serve as the AM for the recreational 
sector. The length of the recreational red snapper season would be 
projected based on catch rate estimates from previous years, and the 
projected fishing season end-date would be announced in the Federal 
Register before the start of the season.
    Under Amendment 43 and the proposed rule's regulatory text, the 
commercial season would begin each year on the second Monday in July. 
If commercial landings reach or are projected to reach the commercial 
ACL, then the commercial AM would close the sector for the remainder of 
that current fishing year. NMFS would monitor commercial landings in-
season, and if commercial landings reach or are projected to reach the 
commercial ACL, then NMFS would 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. In 2018, if the recreational and 
commercial fishing seasons do not open exactly on these dates in July 
as described, the respective seasons would open as close to these dates 
as possible.
    In addition to setting sector ACLs and AMs for commercial and 
recreational harvest, this proposed rule would revise the temporal 
application of the current commercial trip limit of 75 lb (34 kg), 
gutted weight, and the recreational bag limit of 1 fish per person per 
day. In an effort to decrease regulatory discards (fish returned to the 
water because they are below the minimum size limit), no size limits 
would be implemented for either sector through this proposed rule.
    NMFS notes that current regulations contain a severe weather 
provision with respect to modifying the commercial and recreational 
sector season dates (50 CFR 622.183(b)(5)(ii)). The Regional 
Administrator (RA) has the authority to modify the season opening and 
closing dates if severe weather conditions exist. The RA would 
determine when severe weather conditions exist, the duration of the 
severe weather conditions, and which geographic areas are deemed 
affected by severe weather conditions. If severe weather conditions 
exist or if NMFS determines the commercial or recreational ACLs were 
not harvested and a reopening of either or both sectors in the current 
fishing year would be possible, the RA would file a notification to 
that effect with the Office of the Federal Register, and include in 
that notification an announcement of any change in the red snapper 
commercial and recreational fishing seasons. The regulatory text of 
this proposed rule does not alter this existing authority.
    The Council is currently developing additional amendments to the 
FMP that would consider other changes to red snapper management in the 
South Atlantic.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 43, the FMP, the Magnuson-Stevens Act, and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. NMFS expects this rule would have 
economic benefits because it would allow for commercial and 
recreational harvest of red snapper that would not otherwise be 
expected to occur in the absence of this action.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination follows.
    A description of this proposed rule, why it is being considered, 
and the objectives of this proposed rule are contained in the preamble. 
The Magnuson-Stevens Act provides the statutory basis for this proposed 
rule.
    This proposed rule would apply to all federally-permitted 
commercial vessels and recreational anglers that fish for or harvest 
red snapper in Federal waters of the South Atlantic. Although the 
proposed rule would apply to recreational anglers, including those that 
fish from charter vessels and headboats (for-hire vessels), it would 
not directly affect the business operations of for-hire vessels. For-
hire vessels sell fishing services to recreational anglers. The 
proposed changes to red snapper management measures would not directly 
alter the services sold by these for-hire vessels. Any change in 
anglers' demand for these fishing services (and associated economic 
effects) as a result of the proposed rule would be secondary to any 
direct effect on anglers and, therefore, would be an indirect effect of 
the proposed rule. Because the effects on for-hire vessels would be 
indirect, they fall outside the scope of the RFA. Furthermore, for-hire 
captains and crew are allowed to retain red snapper under the 
recreational bag limit; however, they cannot sell these fish. As such, 
for-hire captains and crew would be directly affected only as 
recreational anglers. Recreational anglers who would be directly 
affected by this proposed rule are not considered small entities under 
the RFA, and are, therefore, outside the scope of this analysis. 5 
U.S.C. 603. Small entities include ``small businesses,'' ``small 
organizations,'' and ``small governmental jurisdictions.'' 5 U.S.C. 
601(6) and 601(3)-(5). Recreational anglers are not businesses, 
organizations, or governmental jurisdictions. In summary, only the 
impacts on commercial vessels will be discussed.
    As of July 10, 2017, there were 544 valid or renewable Federal 
South Atlantic snapper-grouper unlimited permits and 114 valid or 
renewable 225-lb trip-limited permits. Each of these commercial permits 
is associated with an individual vessel. Data from the years of 2012 
through 2016 were used for the analysis in Amendment 43, and these data 
provided the basis for the Council's decisions. On average, from 2012 
through 2016, there were only 85 federally-permitted commercial vessels 
with reported landings of red snapper. Their average annual vessel-
level revenue from all species for 2012 through 2016 was approximately 
$88,000 (2016 dollars). Because the Federal commercial red snapper 
seasons were very short or did not occur during 2012 through 2016, this 
proposed action would likely affect more vessels than just those that 
reported red snapper landings during that time. On average, 582 vessels 
reported landings of any snapper-grouper species from 2012 through 
2016, and their average annual vessel-level revenue from all species 
was approximately $44,000 (2016 dollars). The maximum annual revenue 
from all species reported by a single one of these vessels from 2012 
through 2016 was approximately $1.38 million (2016 dollars).
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411)

[[Page 22942]]

is classified as a small business if independently owned and operated, 
is not dominant in its field of operation (including its affiliates), 
and has combined annual receipts not in excess of $11 million for all 
its affiliated operations worldwide. All of the commercial vessels 
directly regulated by this proposed rule are believed to be small 
entities based on the NMFS size standard. No other small entities that 
would be directly affected by this action have been identified.
    Under the current regulations, because combined total commercial 
and recreational landings and dead discards exceeded the ABC in 2017, 
there would be no commercial red snapper harvest allowed in 2018. 
Assuming commercial and recreational red snapper dead discard rates in 
2018 and subsequent years remain stable or increase (which is likely as 
the stock rebuilds), under the current regulations these full-year 
commercial red snapper harvest closures would be expected to continue 
for the foreseeable future.
    Amendment 43 would, however, allow for the commercial harvest of 
red snapper. It specifies a constant total ACL for red snapper equal to 
42,510 fish. The proposed rule would set the commercial red snapper ACL 
at 124,815 lb (56,615 kg), round weight and the recreational ACL would 
be set at 29,656 fish. The proposed rule would be expected to increase 
total ex-vessel revenue by a range of $545,981 (2016 dollars) to 
$572,901 per year relative to the status quo (i.e., no commercial 
harvest). Dividing the total ex-vessel revenue per year by the total 
number of Federal commercial snapper-grouper permit holders, results in 
an average annual increase in ex-vessel revenue of $830 to $871 per 
vessel. Dividing the total ex-vessel revenue per year by the average 
number of commercial vessels that reported landings of any snapper-
grouper species from 2012 through 2016, results in an increase in ex-
vessel revenue of $938 to $984 per vessel. This would be a 2 percent 
increase in average annual vessel-level revenue. The annual commercial 
red snapper season would be expected to increase from 0 days to a range 
of 105 to 176 days, which would allow commercial vessels to supplement 
their harvests with red snapper for a substantial part of the fishing 
year. The economic benefits to each vessel would be expected to vary 
based on individual fishing practices; however, such distributional 
effects cannot be quantified with available data.
    The information provided above supports a determination that this 
proposed rule would not have a significant adverse economic impact on a 
substantial number of small entities. Because this rule, if 
implemented, is not expected to have a significant adverse economic 
impact on any small entities, an initial regulatory flexibility 
analysis is not required and none has been prepared.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. In addition, no new reporting, record-keeping, or other 
compliance requirements are introduced by this proposed rule. 
Accordingly, the Paperwork Reduction Act does not apply to this 
proposed rule.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Red snapper, South Atlantic.

    Dated: May 11, 2018.
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 
proposed to be 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.  622.181, remove and reserve paragraph (b)(2) and add 
paragraph (c)(2) to read as follows:


Sec.  622.181  Prohibited and limited-harvest species.

* * * * *
    (c) * * *
    (2) Red snapper. Red snapper may only be harvested or possessed in 
or from the South Atlantic EEZ during the commercial and recreational 
seasons as specified in Sec.  622.183(b)(5) and Sec.  622.193(y). Any 
red snapper caught in the South Atlantic EEZ during a time other than 
the specified commercial or recreational seasons specified in Sec.  
622.193(y) must be released immediately with a minimum of harm. In 
addition, for a person on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, the prohibition on the harvest or 
possession of red snapper applies in the South Atlantic, regardless of 
where such fish are harvested or possessed, i.e., in state or Federal 
waters.
0
3. In Sec.  622.183, revise paragraph (b)(5)(i) to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (5) * * *
    (i) The commercial and recreational sectors for red snapper are 
closed (i.e., red snapper may not be harvested or possessed, or sold or 
purchased) in or from the South Atlantic EEZ, except as specified in 
Sec.  622.193(y). Each year, NMFS will announce the season opening 
dates in the Federal Register. The commercial season will begin on the 
second Monday in July, unless otherwise specified. The recreational 
season, which consists of weekends only (Fridays, Saturdays, and 
Sundays) begins on the second Friday in July, unless otherwise 
specified. NMFS will project the length of the recreational fishing 
season and announce the recreational fishing season end date in the 
Federal Register. See Sec.  622.193(y), for establishing the end date 
of the commercial fishing season.
* * * * *
0
4. In Sec.  622.187, revise paragraph (b)(9) to read as follows:


Sec.  622.187  Bag and possession limits.

* * * * *
    (b) * * *
    (9) Red snapper--1.
* * * * *
0
 5. In Sec.  622.191, add paragraph (a)(9) to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (9) Red snapper. Until the commercial ACL specified in Sec.  
622.193(y)(1) is reached, 75 lb (34 kg), gutted weight.
* * * * *
0
6. In Sec.  622.193, revise paragraph (y) to read as follows:


Sec.  622.193  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (y) Red snapper--(1) Commercial sector. The commercial ACL for red 
snapper is 124,815 lb (56,615 kg), round weight. See Sec.  
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

[[Page 22943]]

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 
29,656 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. 2018-10510 Filed 5-16-18; 8:45 am]
 BILLING CODE 3510-22-P