(a) Applicability. Quotas apply for the fishing year for each species, species group, sector, or sector component unless accountability measures are implemented during the fishing year pursuant to the applicable annual catch limits (ACLs) and accountability measures (AMs) sections within subparts B through U of this part due to a quota overage occurring in the previous year, in which case a reduced quota will be specified through notification in the Federal Register. Annual quota increases are contingent on the total allowable catch for the applicable species not being exceeded in the previous fishing year. If the total allowable catch is exceeded in the previous fishing year, the RA will file a notification with the Office of the Federal Register to maintain the quota for the applicable species, species group, sector, or sector component from the previous fishing year for following fishing years unless NMFS determines based upon the best scientific information available that maintaining the quota from the previous year is unnecessary. Except for the quotas for Gulf and South Atlantic coral, the quotas include species harvested from state waters adjoining the EEZ.
(b) Quota closures. When a quota specified in this part is reached or is projected to be reached, the Assistant Administrator will file a notification to that effect with the Office of the Federal Register. On and after the effective date of such notification, for the remainder of the fishing year, the applicable closure restrictions for such a quota, as specified in this part apply. See the applicable ACLs, annual catch targets (ACTs), and AMs sections in subparts B through U of this part for closure provisions when an applicable ACL or ACT is reached or projected to be reached.
(c) Reopening. When a species, species group, sector, or sector component has been closed based on a projection of the applicable catch limit (ACL, ACT, or quota) specified in this part being reached and subsequent data indicate that the catch limit was not reached, the Assistant Administrator may file a notification with the Office of the Federal Register. Such notification may reopen the species, species group, sector, or sector component to provide an opportunity for the catch limit to be harvested.
[87 FR 56216, Sept. 13, 2022, as amended at 89 FR 40435, May 10, 2024]
Notes of Decisions
Coastal Conservation Ass'n v. United States Dep't of Com., 846 F.3d 99 (5th Cir. 2017).
“See 50 C.F.R. § 622.8 (a). While the Gulf Council has shortened the fishing season in federal waters, the Gulf states have responded by loosening restrictions in state waters: in 2014, while the season in federal waters was nine days long, Mississippi and Alabama waters were…”
Guindon v. Pritzker, 31 F. Supp. 3d 169 (D.D.C. 2014).
“See 50 C.F.R. § 622.8 (a). Pursuant to Section 407(d) of the MSA, the fishery is subdivided into recreational and commercial sectors, with separate quotas for each.”
Coastal Conservation Assn. v. COMM (5th Cir. 2017).
“See 50 C.F.R. § 622.8 (a). While the Gulf Council has shortened the fishing season in federal waters, the Gulf states have responded by loosening restrictions in state waters: in 2014, while the season in federal waters was nine days long, Mississippi and Alabama waters were…”
Fishing Rights All., Inc. v. Pritzker, 247 F. Supp. 3d 1268 (M.D. Fla. 2017).
“(AR 16277) NMFS must take into account the amount of red snapper stock harvested in state waters when determining when the recreational quota is reached, see 50 C.F.R, § 622.8(a). Thus, “when states adopt inconsistent, less restrictive regulations for state waters[,] the length…”
Arnesen v. Raimondo (S.D. Miss. 2024).
“50 C.F.R. § 622.8 . Once a quota is “reached or is projected to be reached,” a notice is filed in the Federal Register and “for the remainder of the fishing year, the applicable closure restrictions for such a quota .”
— 50 C.F.R. § 622.8(a) — 1 case
Fishing Rights All., Inc. v. Pritzker, 247 F. Supp. 3d 1268 (M.D. Fla. 2017).
“(AR 16277) NMFS must take into account the amount of red snapper stock harvested in state waters when determining when the recreational quota is reached, see 50 C.F.R, § 622.8(a). Thus, “when states adopt inconsistent, less restrictive regulations for state waters[,] the length…”
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