Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 50839 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170803719–7719–01)] 

RIN 0648–BH10 

Temporary Rule To Establish 

Management Measures for the Limited 

Harvest and Possession of South 

Atlantic Red Snapper in 2017 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action. 

SUMMARY: NMFS issues this final 

temporary rule to establish management 

measures to allow for the limited 

harvest and possession of red snapper in 

or from the South Atlantic exclusive 

economic zone (EEZ) in 2017 by 

changing the process used to set the 

annual catch limit (ACL), as requested 

by the South Atlantic Fishery 

Management Council (Council). This 

rule also announces the opening and 

closing dates of the 2017 recreational 

fishing season and the opening date for 

the 2017 commercial fishing season for 

red snapper. The intended effect of this 

temporary rule is to reduce, to the 

extent practicable, existing adverse 

socio-economic impacts to fishermen 

and fishing communities that utilize the 

red snapper portion of the snappergrouper fishery, without allowing 

overfishing or preventing the stock from 

rebuilding. Additionally, limited 

commercial and recreational harvest of 

red snapper in 2017 will provide an 

opportunity to collect fishery-dependent 

data that will be useful for future red 

snapper stock assessments and 

management decisions. 

DATES: This temporary rule is effective 

November 2, 2017, through December 

31, 2017. The recreational red snapper 

season opens at 12:01 a.m., local time, 

on November 3, 2017, and closes at 

12:01 a.m., local time, on November 6, 

2017; then reopens at 12:01 a.m., local 

time, on November 10, 2017, and closes 

at 12:01 a.m., local time, on November 

13, 2017. The commercial red snapper 

season opens at 12:01 a.m., local time, 

November 2, 2017. 

ADDRESSES: Electronic copies of the 

documents in support of this temporary 

rule, which include an environmental 

assessment, may be obtained from the 

Southeast Regional Office Web site at 

http://sero.nmfs.noaa.gov/sf/ 

SASnapperGrouperHomepage.html. 

FOR FURTHER INFORMATION CONTACT: 

Nikhil Mehta, Southeast Regional 

Office, NMFS, telephone: 727–824– 

5305, email: nikhil.mehta@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage South Atlantic 

snapper-grouper including 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 the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). The 

Magnuson-Stevens Act provides the 

legal authority for the promulgation of 

emergency regulations under section 

305(c) (16 U.S.C. 1855(c)). 

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 

ACL at zero. 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). 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, 2016, and 

2017. 

The process established through 

Amendment 28 specifies that harvest 

would begin in July, and specifies when 

the commercial and recreational seasons 

would open and close and the 

applicable fishing regulations during 

any open season. The commercial red 

snapper season closes when the 

commercial ACL is met or projected to 

be met. The length of the recreational 

red snapper season is projected and 

announced before the start of the 

season, based on catch rate estimates 

from previous years. The NMFS 

Regional Administrator (RA) has the 

authority to delay the opening of red 

snapper fishing seasons in the event of 

a tropical storm or hurricane affecting 

the area of the Council’s jurisdiction. 

Additionally, there is no minimum size 

limit for either the commercial or 

recreational sector; the commercial trip 

limit is 75 lb (34 kg), gutted weight, and 

the recreational bag limit is one fish per 

person per day. 

This temporary rule will allow 

limited commercial and recreational 

harvest of red snapper in 2017 by 

implementing a total ACL of 42,510 fish, 

based on the landings observed during 

the limited red snapper season in 2014. 

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, based the current 

sector allocation ratio developed by the 

Council for red snapper (28.07 percent 

commercial and 71.93 percent 

recreational). The commercial sector’s 

ACL is set in pounds of fish because the 

commercial sector reports landings in 

weight and therefore weight is a more 

accurate representation of commercial 

landings. In this temporary 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 

numbers of fish are a more reliable 

estimate for that sector than specifying 

the ACL in weight of fish. Surveys that 

estimate recreational landings collect 

information on numbers of fish and 

convert those numbers to weights using 

limited biological samples, so there is 

considerable uncertainty in estimates of 

recreational landings by weight. 

The recreational bag limit will be one 

fish per person per day and the 

commercial trip limit will be 75 lb (34 

kg), gutted weight. There will not be a 

minimum size limit set for either sector. 

The commercial sector will close when 

the commercial ACL is projected to be 

met during the limited 2017 fishing 

season. The opening and closing of the 

recreational sector is being specified 

before the recreational season begins 

and consists of two weekends only 

(Friday, Saturday, Sunday). The 

effectiveness of this temporary rule is 

only for the 2017 fishing year and does 

not authorize any harvest after 

December 31, 2017. 

Status of the Stock 

The most recent stock assessment for 

South Atlantic red snapper, SEDAR 41 

(2017), was completed in 2016 and 

revised in 2017. SEDAR 41 (2017) 

evaluated data through 2014 and 

determined the red snapper stock was 

overfished and that overfishing was 


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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 during those years, the majority 

of the estimated fishing mortality 

occurred from estimated dead discards. 

The estimated red snapper discards 

during these years were very high as a 

result of fishermen 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. 

In May 2016, the Council’s Scientific 

and Statistical Committee (SSC) stated 

that SEDAR 41 (2017) 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). 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 projections of yield streams used 

in SEDAR 41 (2017) included both 

landings and dead discards, which were 

added to get an estimate of the total 

removals. However, red snapper is 

primarily a discards-only fishery as a 

result of the harvest prohibitions. 

Therefore, the Council determined that 

discard-only projections (zero landings) 

would be more informative for 

management. In January 2017, the 

Council requested the NMFS Southeast 

Fishery Science Center (SEFSC) provide 

red snapper projections under the 

assumption that all fish caught are 

subsequently discarded. Following the 

request, 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 currently 

transitioning from the current Coastal 

Household Telephone Survey to a new 

mail survey design for estimating 

marine recreational shore and private 

boat fishing effort, known as the Fishing 

Effort Survey. NMFS expects that the 

Fishing Effort Survey will result in a 

more efficient representation of 

recreational fishing effort, including that 

of discards; however, in order for a new 

survey method to be implemented, 

historical catch statistics will need to be 

converted into the same ‘currency’ as 

the new estimates. This process is 

underway. 

Additionally, in their February 2017 

response, the SEFSC also 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 informed the Council in a 

letter, dated March 3, 2017, that, based 

on the results of SEDAR 41 (2017) using 

data through 2014, the red snapper 

stock was still overfished but was 

rebuilding in accordance with the 

rebuilding plan. Further, NMFS stated 

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 an increase in stock 

biomass since 2010, and increasing 

abundance of older age classes (SEDAR 

41 2017). 

Justification and Need for This 

Temporary Rule 

The intended effect of this temporary 

rule is to minimize adverse socioeconomic effects to fishermen and 

fishing communities that utilize red 

snapper as part of the snapper-grouper 

fishery. Fishing seasons that prohibit 

the harvest of red snapper incur lost 

opportunities to fish among both the 

commercial and recreational sectors. 

NMFS and the Council expect that 

increased fishing opportunities resulting 

from these temporary measures should 

provide direct benefits to fishermen in 

the form of additional revenue and 

recreational opportunities, in addition 

to indirect benefits to businesses that 

provide supplies for fishing trips. NMFS 

expects the total aggregate increase in 

the 2017 fishing season ex-vessel 

revenues to commercial vessels as a 

result of these temporary measures 

would range from $176,940–$236,279 

(2016 dollars), and that up to 658 

federally permitted commercial 

snapper-grouper vessels could 

participate in this harvest in 2017. The 

recreational consumer surplus to anglers 

as a result of a limited 2017 harvest 

could increase by about $2,402,136 (in 

total; assuming that each of the 29,656 

recreational fish is harvested by an 

individual angler). The potential also 

exists for revenues and profits generated 

by charter vessels and headboats (forhire vessels) and fishing support 

businesses to increase, but such effects 

cannot be estimated with the current 

information. 

NMFS determined that allowing 

limited harvest of red snapper in 2017 

is not likely to result in overfishing, or 

prevent continued stock rebuilding. 

This determination is based on the 

uncertainty in the assessment associated 

with: The stock-recruitment 

relationship, natural mortality at age, 

the age structure of the unfished 

population, and the composition and 

magnitude of recreational discards 

inhibiting the ability of the SEFSC to 

project ABC into the future. Additional 

support comes from fisheryindependent information collected 

through the Southeast Reef Fish Survey 

(SERFS) program, and the East Coast 

Fisheries Independent Monitoring 

information conducted by Florida Fish 

and Wildlife Conservation Commission 

(FWCC), presented to the Council at 

their June and September 2017 

meetings, respectively. According to the 

SERFS, relative abundance (CPUE) of 

red snapper has increased since 2009, 

reaching the highest level observed in 

the entire time series (1990–2016) in 

2016. 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. The Council’s 

SSC noted a red snapper population 

increase in their April 2017 report, 

stating that ‘‘. . . a continuing upward 

trend in the fishery-independent index 

has a high probability of reflecting 

increases in population size.’’ As noted 

by the new information presented to the 

Council in June and September 2017, 

the increase in relative abundance of red 

snapper indicated by the fisheryindependent CPUE indices has taken 

place despite landings during the 

limited seasons in 2012–2014 and 

despite the large number of estimated 


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red snapper dead discards during 

harvest restrictions for red snapper 

since 2010. The amount of harvest 

allowed in this temporary rule is 

equivalent to the amount of observed 

landings in the 2014 fishing season. 

Therefore, NMFS has determined that 

allowing that same amount of harvest in 

this temporary rule in 2017 is unlikely 

to result in overfishing or change the red 

snapper rebuilding time period, and is 

based on the best scientific information 

available. 

Emergency Rule Criteria 

NMFS’ Policy Guidelines for the Use 

of Emergency Rules (62 FR 44421, 

August 21, 1997) list three criteria for 

determining whether an emergency 

exists, and this temporary rule is 

promulgated under these criteria. 

Specifically, NMFS’ policy guidelines 

require that an emergency: 

(1) Result from recent, unforeseen 

events or recently discovered 

circumstances; and 

(2) Present serious conservation or 

management problems in the fishery; 

and 

(3) Can be addressed through 

emergency regulations for which the 

immediate benefits outweigh the value 

of advance notice, public comment, and 

deliberative consideration of the 

impacts on participants to the same 

extent as would be expected under the 

normal rulemaking process. 

NMFS has determined that allowing 

harvest in 2017 meets the three criteria 

required for an emergency rule. The 

new red snapper abundance and CPUE 

information collected through the 

SERFS program and FWCC’s study 

constitutes recently discovered 

circumstances, since it was presented to 

the Council at their June 2017 and 

September 2017 meetings. In addition, 

the continued harvest prohibition of 

South Atlantic red snapper poses 

significant management problems to 

NMFS and the Council. Fishery closures 

result in the limited collection of 

fishery-dependent data, and that 

negatively impacts the stock assessment 

process. Additionally, the harvest 

prohibition of red snapper results in 

adverse socio-economic effects to 

fishermen and fishing communities 

through lost opportunities among the 

commercial and recreational sectors to 

fish for and possess red snapper during 

the fishing year. Input from fishers also 

indicates that they are increasingly 

frustrated with the perceived waste of 

the red snapper resource resulting from 

the continued discarding of red snapper 

when they target co-occurring species. 

Finally, the immediate benefits of 

implementing a limited red snapper 

commercial and recreational fishing 

season in 2017 outweigh the value of 

providing advance notice and public 

comment under the normal rulemaking 

process. Public comments on this action 

at the September 2017 Council meeting 

indicated that many fishermen favored 

a limited 2017 season. The Council 

considered these public comments 

when they recommended that NMFS 

proceed with a temporary rule for 

emergency action at their September 

2017 meeting. Further, the time it would 

take to complete public notice and 

solicit public comments through 

rulemaking would not allow adequate 

time for a fishing season to take place 

in 2017. 

Additionally, while harvest 

restrictions remain in place, fishers 

report they are encountering large 

numbers of red snapper, which is 

further supported by the long-term 

SERFS fishery-independent CPUE 

index. Allowing a limited amount of 

harvest in 2017 through this temporary 

emergency action would allow 

commercial and recreational fishermen 

to harvest this species, and would also 

generate revenue for businesses within 

these sectors. Also, limited commercial 

and recreational harvest of red snapper 

in 2017 will provide an opportunity to 

collect fishery-dependent data including 

catch, fishing effort estimates, and life 

history information that will be useful 

for future red snapper stock assessments 

and management decisions. 

Measures Contained in This Temporary 

Rule 

This temporary rule implements 

management measures to authorize the 

limited harvest and possession of red 

snapper in or from the South Atlantic 

EEZ in the 2017 fishing year. The 2017 

commercial ACL is set at 124,815 lb 

(56,615 kg), round weight, and the 2017 

recreational ACL is set at 29,656 fish. 

These ACLs are based on the total 2017 

ACL, as determined by NMFS, of 42,510 

fish and following the current allocation 

ratio for red snapper (28.07 percent 

commercial and 71.93 percent 

recreational). 

NMFS and the Council are 

establishing several management 

measures that function as accountability 

measures to constrain red snapper 

harvest to these ACLs, including the 

establishment of limited commercial 

and recreational red snapper seasons for 

2017. The recreational season will open 

for two consecutive weekends made up 

of Fridays, Saturdays, and Sundays. The 

recreational season opens at 12:01 a.m., 

local time, on November 3, 2017, and 

closes at 12:01 a.m., local time, on 

November 6, 2017; then reopens at 

12:01 a.m., local time, on November 10, 

2017, and closes at 12:01 a.m., local 

time, on November 13, 2017. The 

commercial season opens at 12:01 a.m., 

local time, November 2, 2017. NMFS 

will monitor commercial landings inseason 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 2017 

fishing year. NMFS notes that if the 

commercial ACL has not been met or 

been projected to have been met by 

December 31, 2017, no commercial 

harvest would be allowed through this 

temporary rule after 11:59 p.m., local 

time, on December 31, 2017. Harvest 

will additionally be constrained through 

the implementation of commercial and 

recreational management measures such 

as trip limits and bag limits. 

During these limited 2017 fishing 

seasons, the commercial sector will 

have a 75 lb (34 kg), gutted weight, daily 

commercial trip limit and the 

recreational sector will have a 1 fish per 

person daily recreational bag limit. The 

1 fish per person recreational bag limit 

is included in the 10-fish aggregate 

snapper bag limit. No size limits are 

implemented for either sector through 

this temporary rule in an effort to 

decrease regulatory discards (fish 

returned to the water because they are 

below the minimum size limit). If severe 

weather conditions exist, the RA has the 

authority to modify these opening and 

closing dates. The RA will 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 2017 

commercial or recreational ACLs were 

not harvested and a reopening of either 

or both sectors in 2017 is possible, the 

RA will file a notification to that effect 

with the Office of the Federal Register, 

and announce via NOAA Weather Radio 

and in a Fishery Bulletin any change in 

or reopening of the red snapper fishing 

seasons. 

The Council is currently developing 

both Amendment 43 and Amendment 

46 to the FMP. Amendment 43 contains 

actions to establish commercial and 

recreational ACLs and associated 

revisions to management measures for 

red snapper that would allow for a 

specific level of harvest each year. At its 

September 2017 meeting, the Council 

took final action and approved 

Amendment 43 and will submit the 

amendment to the Secretary for 

subsequent rulemaking and 

implementation during the 2018 fishing 


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50842 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 

year. Amendment 46, in preliminary 

development by the Council, would 

consider other red snapper management 

measures. 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Act, 16 U.S.C. 1855(c). The Assistant 

Administrator for Fisheries, NOAA 

(AA), has determined that this 

temporary rule is necessary to promote 

an economic opportunity for South 

Atlantic snapper-grouper fishermen that 

otherwise would be foregone and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is being taken pursuant to 

the emergency provision of MSA and is 

exempt from OMB review. 

The AA finds good cause under 5 

U.S.C. 553(b)(B) to waive prior notice 

and the opportunity for public comment 

because they are contrary to the public 

interest. This temporary rule promotes 

an economic opportunity for South 

Atlantic snapper-grouper fishermen that 

would otherwise be forgone if harvest in 

2017 were not to occur. Limited harvest 

and possession of red snapper in 2017 

is expected to result in revenue 

increases to commercial vessels and 

benefit increases to recreational anglers, 

in addition to providing opportunity to 

for-hire vessels in booking more trips 

that could increase their revenues and 

profits. At the September 2017 Council 

meeting, South Atlantic snappergrouper fishermen discussed the merits 

of opening red snapper in the South 

Atlantic for a short time period in 2017. 

Fishermen will be able to keep a limited 

number of the red snapper that they are 

currently required to discard. As 

previously discussed, commercial 

fishermen should be able to increase 

their revenues in 2017 by being able to 

sell a highly marketable fish during the 

limited opening. Additionally, short red 

snapper seasons will provide an 

opportunity to collect fishery-dependent 

data that likely may be useful for future 

stock assessments. Currently, the lack of 

available red snapper data hinders the 

ability to assess the status of the stock. 

Delaying the implementation of this 

rulemaking to provide prior notice and 

the opportunity for public comment 

would reduce the likelihood of opening 

the red snapper component of the 

snapper-grouper fishery in the 2017 

fishing year. As a result of the recent 

receipt of scientific information 

indicating that harvest in 2017 is 

possible, there is insufficient time for 

NMFS to implement these measures 

earlier in this fishing year and/or 

possibly allow for prior notice and 

opportunity for public comment on the 

rulemaking. The harvest allowed in 

2017 in this rule is not expected to 

result in overfishing or impede 

rebuilding of the stock. 

For these same reasons, the AA also 

finds good cause to waive the 30-day 

delay in effectiveness of the actions 

under 5 U.S.C. 553(d)(3). 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553 or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. are inapplicable. Accordingly, no 

regulatory flexibility analysis is required 

and none has been prepared. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Red snapper, 

South Atlantic. 

Dated: October 27, 2017. 

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 § 622.181, suspend paragraph 

(b)(2) and add paragraph (c)(2) to read 

as follows: 

§ 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 § 622.183(b)(9) and 

§ 622.193(aa). Any red snapper caught 

in the South Atlantic EEZ during a time 

other than the specified commercial or 

recreational seasons specified in 

§ 622.193(aa) 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 snappergrouper 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. 

■ 3. In § 622.183, suspend paragraph 

(b)(5) and add paragraph (b)(9) to read 

as follows: 

§ 622.183 Area and seasonal closures. 

* * * * * 

(b) * * * 

(9) Closures of the commercial and 

recreational sectors for red snapper—(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 § 622.193(aa). The 

recreational fishing season would 

consist of consecutive Fridays, 

Saturdays, and Sundays, unless 

otherwise specified. See § 622.193(aa), 

for establishing the end date of the 

commercial fishing season. 

(ii) 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. 

■ 4. In § 622.187, suspend paragraph 

(b)(9) and add paragraph (b)(12) to read 

as follows: 

§ 622.187 Bag and possession limits. 

* * * * * 

(b) * * * 

(12) Red snapper—1. See 

§ 622.183(b)(9), and § 622.193(aa)(2) for 

details on the recreational fishing 

season. 

* * * * * 

■ 5. In § 622.191, suspend paragraph 

(a)(9) and add paragraph (a)(13) to read 

as follows: 

§ 622.191 Commercial trip limits. 

* * * * * 

(a) * * * 

(13) Red snapper. Until the 

commercial ACL specified in 

§ 622.193(aa)(1) is reached, 75 lb (34 kg), 

gutted weight. See § 622.193(aa)(1) for 

the limitations regarding red snapper 

after the commercial ACL is reached. 

See § 622.183(b)(9), and § 622.193(aa)(1) 

for details on the commercial fishing 

season. 

* * * * * 

■ 6. In § 622.193, suspend paragraph (y) 

and add paragraph (aa) to read as 

follows: 

§ 622.193 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(aa) Red snapper—(1) Commercial 

sector. The commercial ACL for red 


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snapper is 124,815 lb (56,615 kg), round 

weight. See § 622.183(b)(9) 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 bag and possession limits. 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 recreational season, 

consists of weekends only (Fridays, 

Saturdays, and Sundays). The length of 

the recreational fishing season for red 

snapper serves as the in-season 

accountability measure. See 

§ 622.183(b)(9) 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. 2017–23839 Filed 10–30–17; 4:15 pm] 

BILLING CODE 3510–22–P 


nlaroche on DSK9F9SC42PROD with RULES