[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]


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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.

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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