50 C.F.R. § 622.440

Current through September 30, 2024

Section 622.440 - Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs)

(a)Reef fish. For those fishing commercially, the applicable ACL is the commercial ACL. For those fishing recreationally, the applicable ACL is the recreational ACL. When landings for one sector are not available for comparison to that sector's ACL, the ACL for the sector with available landings is the ACL for the stock or stock complex.

(1)Commercial ACLs. The commercial ACLs are as follows and given in round weight.

Table 1 to § 622.440(a)(1)

Family	Stock or stock complex and species composition	Commercial ACL
Angelfishes	Angelfish-French angelfish, gray angelfish, queen angelfish	137 lb (62.1 kg).
Groupers	Grouper 3-coney,1 graysby	23,890 lb (10,836.3 kg).
	Grouper 4-black grouper, red grouper, tiger grouper, yellowfin grouper, yellowmouth grouper	2,492 lb (1,130.3 kg)
	Grouper 5-misty grouper, yellowedge grouper	15,327 lb (6,952.2 kg).
	Grouper 6-red hind,1 rock hind	121,729 lb (55,215.3 kg).
Grunts	Grunts-white grunt	177,923 lb (80,704.5 kg).
Jacks	Jacks 1-crevalle jack	46 lb (20.8 kg).
	Jacks 2-African pompano	1,052 lb (477.1 kg).
	Jacks 3-rainbow runner	913 lb (414.1 kg).
Parrotfishes	Parrotfish 2-princess parrotfish, queen parrotfish, redband parrotfish, redtail parrotfish, stoplight parrotfish, striped parrotfish	147,774 lb (67,029.1 kg).
Snappers	Snapper 1-black snapper, blackfin snapper, silk snapper,1 vermilion snapper, wenchman	424,009 lb (192,327.2 kg).
	Snapper 2-cardinal snapper, queen snapper1	257,236 lb (116,680.2 kg).
	Snapper 3-lane snapper	244,376 lb (110,847 kg).
	Snapper 4-dog snapper, mutton snapper,1 schoolmaster	116,434 lb (52,813.5 kg).
	Snapper 5-yellowtail snapper	315,806 lb (143,247.1 kg).
	Snapper 6-cubera snapper	119 lb (53.9 kg).
Surgeonfishes	Surgeonfish-blue tang, doctorfish, ocean surgeonfish	147 lb (66.6 kg).
Triggerfishes	Triggerfish-gray triggerfish, ocean triggerfish, queen triggerfish1	83,099 lb (37,693 kg).
Wrasses	Wrasses 1-hogfish	70,140 lb (31,814.9 kg).
	Wrasses 2-puddingwife, Spanish hogfish	20,126 lb (9,129 kg).

¹ Indicator stock.

(2)Recreational ACLs. The recreational ACLs are as follows and given in round weight.

Table 2 to § 622.440(a)(2)

Family	Stock or stock complex and species composition	Recreational ACL
Angelfishes	Angelfish-French angelfish, gray angelfish, queen angelfish	2,985 lb (1,353.9 kg).
Groupers	Grouper 3-coney1, graysby	19,634 lb (8,905.8 kg).
	Grouper 4-black grouper, red grouper, tiger grouper, yellowfin grouper, yellowmouth grouper	5,867 lb (2,661.2 kg).
	Grouper 5-misty grouper, yellowedge grouper	4,225 lb (1,916.4 kg).
	Grouper 6-red hind1, rock hind	34,493 lb (15,645.7 kg).
Grunts	Grunts-white grunt	2,461 lb (1,116.2 kg).
Jacks	Jacks 1-crevalle jack	41,894 lb (19,002.7 kg).
	Jacks 2-African pompano	5,719 lb (2,594 kg).
	Jacks 3-rainbow runner	8,091 lb (3,670 kg).
Parrotfishes	Parrotfish 2-princess parrotfish, queen parrotfish, redband parrotfish, redtail parrotfish, stoplight parrotfish, striped parrotfish	17,052 lb (7,734.6 kg).
Snappers	Snapper 1-black snapper, blackfin snapper, silk snapper1, vermilion snapper, wenchman	111,943 lb (50,776.4 kg).
	Snapper 2-cardinal snapper, queen snapper1	24,974 lb (11,328 kg).
	Snapper 3-lane snapper	21,603 lb (9,798.9 kg).
	Snapper 4-dog snapper, mutton snapper1, schoolmaster	76,625 lb (34,756.5 kg).
	Snapper 5-yellowtail snapper	23,988 lb (10,880.7 kg).
	Snapper 6-cubera snapper	6,448 lb (2,924.7 kg).
Surgeonfishes	Surgeonfish-blue tang, doctorfish, ocean surgeonfish	860 lb (390 kg).
Triggerfishes	Triggerfish-gray triggerfish, ocean triggerfish, queen triggerfish1	7,453 lb (3,380.6 kg).
Wrasses	Wrasses 1-hogfish	8,263 lb (3,748 kg).
	Wrasses 2-puddingwife, Spanish hogfish	5,372 lb (2,436.6 kg).

¹ Indicator stock.

(3)Total ACLs. The total ACLs (combined commercial and recreational ACLs) are as follows and given in round weight.

Table 3 to § 622.440(a)(3)

Family	Stock or stock complex and species composition	Total ACL
Angelfishes	Angelfish-French angelfish, gray angelfish, queen angelfish	3,122 lb (1,416.1 kg).
Groupers	Grouper 3-coney,1 graysby	43,524 lb (19,742.1 kg).
	Grouper 4-black grouper, red grouper, tiger grouper, yellowfin grouper, yellowmouth grouper	8,359 lb (3,791.5 kg).
	Grouper 5-misty grouper, yellowedge grouper	19,552 lb (8,868.6 kg).
	Grouper 6-red hind,1 rock hind	156,222 lb (70,861.1 kg).
Grunts	Grunts-white grunt	180,384 lb (81,820.8 kg).
Jacks	Jacks 1-crevalle jack	41,940 lb (19,023.6 kg).
	Jacks 2-African pompano	6,771 lb (3,071.2 kg).
	Jacks 3-rainbow runner	9,004 lb (4,084.1 kg).
Parrotfishes	Parrotfish 2-princess parrotfish, queen parrotfish, redband parrotfish, redtail parrotfish, stoplight parrotfish, striped parrotfish	164,826 lb (74,763.8 kg).
Snappers	Snapper 1-black snapper, blackfin snapper, silk snapper,1 vermilion snapper, wenchman	535,952 lb (243,103.7 kg).
	Snapper 2-cardinal snapper, queen snapper1	282,210 lb (128,008.3 kg).
	Snapper 3-lane snapper	265,979 lb (120,646 kg).
	Snapper 4-dog snapper, mutton snapper,1 schoolmaster	193,059 lb (87,570 kg).
	Snapper 5-yellowtail snapper	339,794 lb (154,127.9 kg).
	Snapper 6-cubera snapper	6,567 lb (2,978.7 kg).
Surgeonfishes	Surgeonfish-blue tang, doctorfish, ocean surgeonfish	1,007 lb (456.7 kg).
Triggerfishes	Triggerfish-gray triggerfish, ocean triggerfish, queen triggerfish1	90,552 lb (41,073.6 kg).
Wrasses	Wrasses 1-hogfish	78,403 lb (35,563 kg).
	Wrasses 2-puddingwife, Spanish hogfish	25,498 lb (11,565.6 kg).

¹ Indicator stock.

(4)General applicability and monitoring of AMs. At or near the beginning the fishing year, landings for each stock, stock complex, or indicator stock will be evaluated relative to the ACL based on a moving multi-year average of landings, as described in the FMP. When landings for one sector are not available for comparison to that sector's ACL, the ACL for the sector with available landings is the ACL for the stock or stock complex and the AM specified in paragraph (a)(7) of this section applies. Any fishing season reduction required under paragraph (a) of this section will be applied starting from September 30 and moving earlier toward the beginning of the fishing year. If the length of the required fishing season reduction exceeds the time period of January 1 through September 30, any additional fishing season reduction will be applied starting from October 1 and moving later toward the end of the fishing year.

(5)Commercial AMs. If NMFS estimates that commercial landings for a stock, stock complex, or indicator stock have exceeded the applicable commercial ACL specified in paragraph (a)(1) of this section for the stock or stock complex, and the combined commercial and recreational landings for the stock, stock complex, or indicator stock have exceeded the applicable combined commercial and recreational sector ACL (total ACL) specified in paragraph (a)(3) of this section for that stock or stock complex, the Assistant Administrator for NOAA Fisheries (AA) will file a notification with the Office of the Federal Register to reduce the length of the commercial fishing season for the stock or stock complex within that fishing year by the amount necessary to prevent commercial landings from exceeding the commercial ACL for the stock or stock complex, unless NMFS determines that a fishing season reduction is not necessary based on the best scientific information available. If NMFS determines that either the commercial ACL or total ACL for the stock or stock complex was exceeded because data collection or monitoring improved rather than because landings increased, NMFS will not reduce the length of the commercial fishing season for the stock or stock complex.

(6)Recreational AMs. If NMFS estimates that recreational landings for a stock, stock complex, or indicator stock have exceeded the applicable recreational ACL specified in paragraph (a)(2) of this section for the stock or stock complex, and the combined commercial and recreational landings for the stock, stock complex, or indicator stock have exceeded the applicable combined commercial and recreational ACL (total ACL) specified in paragraph (a)(3) of this section for that stock or stock complex, the AA will file a notification with the Office of the Federal Register to reduce the length of the recreational fishing season for the stock or stock complex within that fishing year by the amount necessary to prevent recreational landings from exceeding the recreational ACL for the stock or stock complex, unless NMFS determines that a fishing season reduction is not necessary based on the best scientific information available. If NMFS determines that either the recreational ACL or total ACL for the stock or stock complex was exceeded because data collection or monitoring improved rather than because landings increased, NMFS will not reduce the length of the recreational fishing season for the stock or stock complex.

(7)AM when only one sector's landings are available. When landings for one sector are not available for comparison to that sector's ACL, the ACL for the sector with available landings in paragraph (a) of this section is the applicable ACL for the stock or stock complex. If NMFS estimates that available landings for the stock, stock complex, or indicator stock, have exceeded the applicable ACL for the stock or stock complex, the AA will file a notification with the Office of the Federal Register to reduce the length of the fishing season for the stock or stock complex within that fishing year by the amount necessary to prevent landings from exceeding the ACL, unless NMFS determines that a fishing season reduction is not necessary based on the best scientific information available. If NMFS determines that the ACL was exceeded because data collection or monitoring improved rather than because landings increased, NMFS will not reduce the length of the fishing season for the stock or stock complex.

(b)Pelagic fish. The ACLs and ACTs are given in round weight. Indicator stocks are noted in the relevant tables to paragraph (a) of this section. For those fishing commercially, the applicable ACL is the commercial ACL and the applicable ACT is the commercial ACT. For those fishing recreationally, the applicable ACL is the recreational ACL and the applicable ACT is the recreational ACT. When landings for one sector are not available for comparison to that sector's ACL and ACT, the ACL and ACT for the sector with available landings are the ACL and ACT for the stock or stock complex.

(1)Barracuda -great barracuda.

(i) Commercial ACL-495 lb (224.5 kg).

(ii) Commercial ACT-445 lb (201.8 kg).

(iii) Recreational ACL-167,693 lb (76,064.2 kg).

(iv) Recreational ACT-150,924 lb (68,457.9 kg).

(2)Dolphinfishes -dolphinfish, pompano dolphinfish.

(i) Commercial ACL-232,173 lb (105,311.9 kg).

(ii) Commercial ACT-208,956 lb (94,780.8 kg).

(iii) Recreational ACL-1,513,873 lb (686,681.2 kg).

(iv) Recreational ACT-1,362,486 lb (618,013.2 kg).

(3)Mackerels -cero, king mackerel.

(i) Commercial ACL-232,422 lb (105,424.8 kg).

(ii) Commercial ACT-209,180 lb (94,882.4 kg).

(iii) Recreational ACL-129,180 lb (58,595 kg).

(iv) Recreational ACT-116,262 lb (52,735.5 kg).

(4)Tripletail.

(i) Commercial ACL-270 lb (122.4 kg).

(ii) Commercial ACT-243 lb (110.2 kg).

(iii) Recreational ACL-39,005 lb (17,692.3 kg).

(iv) Recreational ACT-35,105 lb (15,923.3 kg).

(5)Tunas -blackfin tuna, little tunny.

(i) Commercial ACL-82,779 lb (37,547.9 kg).

(ii) Commercial ACT-74,501 lb (33,793 kg).

(iii) Recreational ACL-34,485 lb (15,642.1 kg).

(iv) Recreational ACT-31,037 lb (14,078.1 kg).

(6)Wahoo.

(i) Commercial ACL-25,911 lb (11,753 kg).

(ii) Commercial ACT-23,320 lb (10,577.7 kg).

(iii) Recreational ACL-210,737 lb (95,588.6 kg).

(iv) Recreational ACT-189,663 lb (86,029.6 kg).

(7)Pelagic fish AM application. At or near the beginning the fishing year, landings for each stock, stock complex, or indicator stock will be evaluated relative to the applicable ACT for the stock or stock complex based on a moving multi-year average of landings, as described in the FMP. If NMFS estimates that landings have exceeded the applicable ACT specified in paragraph (b) of this section for a stock or stock complex, NMFS in consultation with the Caribbean Fishery Management Council will determine appropriate corrective action.

(c)Spiny lobster.

(1) The ACL is 357,629 lb (162,218 kg), round weight.

(2) At or near the beginning of the fishing year, NMFS will compare a 3 year average of available landings to the average ACLs effective during those same years, as described in the FMP. If NMFS estimates that average landings have exceeded the average ACLs, the AA will file a notification with the Office of the Federal Register to reduce the length of the fishing season for spiny lobster within that fishing year by the amount necessary to prevent average landings from exceeding the ACL for that fishing year, as specified in paragraph (c)(1) of this section. If NMFS determines that a fishing season reduction is not necessary based on the best scientific information available, or if NMFS determines the ACL exceedance was due to improved data collection or monitoring rather than from increased landings, NMFS will not reduce the length of the fishing season. Any fishing season reduction required under this paragraph (c)(2) will be applied starting from September 30 and moving earlier toward the beginning of the fishing year. If the length of the required fishing season reduction exceeds the time period of January 1 through September 30, any additional fishing season reduction will be applied starting from October 1 and moving later toward the end of the fishing year.

(d)-(e) [Reserved]

(f)Closure provisions for reef fish and spiny lobster -

(1)Restrictions applicable during a commercial closure for a reef fish stock or stock complex in the EEZ around Puerto Rico. During the closure period announced in the notification filed pursuant to paragraph (a)(5) of this section, the commercial sector included in the notification is closed, and such stock or stock complex in or from the EEZ around Puerto Rico may not be purchased or sold. Harvest or possession of such reef fish stock or stock complex in or from the EEZ around Puerto Rico is limited to the recreational bag and possession limits. If the recreational sector for such stock or stock complex also is closed, such stock or stock complex in or from the EEZ around Puerto Rico may not be harvested, possessed, purchased, or sold, and the bag and possession limits are zero.

(2)Restrictions applicable during a recreational closure for a reef fish stock or stock complex in the EEZ around Puerto Rico. During the closure period announced in the notification filed pursuant to paragraph (a)(6) of this section, the recreational sector for the reef fish stock or stock complex included in the notification is closed, and the bag and possession limits for such stock or stock complex in or from the EEZ around Puerto Rico are zero. If the commercial sector for such stock or stock complex also is closed, such stock or stock complex in or from the EEZ around Puerto Rico may not be harvested, possessed, purchased, or sold, and the bag and possession limits are zero.

(3)Restrictions applicable during a closure for a reef fish stock or stock complex in the EEZ around Puerto Rico when only one sector's landings are available. During the closure period announced in the notification filed pursuant to paragraph (a)(7) of this section, the fishing season for the reef fish stock or stock complex included in the notification is closed, and such stock or stock complex in or from the EEZ around Puerto Rico may not be harvested, possessed, purchased, or sold, and the bag and possession limits for such stock or stock complex are zero.

(4)Restrictions applicable during a spiny lobster closure in the EEZ around Puerto Rico. During the closure period announced in the notification filed pursuant to paragraph (c)(2) of this section, the fishing season for spiny lobster is closed, and spiny lobster in or from the EEZ around Puerto Rico may not be harvested, possessed, purchased, or sold, and the bag and possession limits are zero.

50 C.F.R. §622.440

87 FR 56216, Sept. 13, 2022, as amended at 88 FR 16195, Mar. 16, 2023; 88 FR 46695, July 20, 2023; 89 FR 34169, Apr. 30, 2024

87 FR 56217, 10/13/2022; 88 FR 16195, 4/15/2023; 88 FR 46695, 8/21/2023; 89 FR 34169, 5/30/2024