Proposed Rule2025-00552
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 59
Primary source
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Published
January 14, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement Amendment 59 to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic (Snapper-Grouper FMP) (Amendment 59). If approved, Amendment 59 and this proposed rule would, for South Atlantic red snapper: revise the fishing mortality (F) at maximum sustainable yield (MSY) proxy for determining overfishing, acceptable biological catch (ABC), sector annual catch limits (ACLs), fishing year, sector fishing season start dates, recreational fishing season structure, commercial trip limits, and establish an annual experimental studies program. Additionally, Amendment 59 and this proposed rule would establish a snapper-grouper discard reduction season in South Atlantic Federal waters. This action is intended to end and prevent overfishing of red snapper while reducing dead discards and providing additional fishing opportunities.
Full Text
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<title>Federal Register, Volume 90 Issue 8 (Tuesday, January 14, 2025)</title>
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[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Proposed Rules]
[Pages 3160-3170]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00552]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622
[Docket No. 250107-0004]
RIN 0648-BN31
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Amendment 59
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; notice of availability of a fishery management
plan amendment; request for comments.
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SUMMARY: NMFS proposes regulations to implement Amendment 59 to the
Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the
South Atlantic (Snapper-Grouper FMP) (Amendment 59). If approved,
Amendment 59 and this proposed rule would, for South Atlantic red
snapper: revise the fishing mortality (F) at maximum sustainable yield
(MSY) proxy for determining overfishing, acceptable biological catch
(ABC), sector annual catch limits (ACLs), fishing year, sector fishing
season start dates, recreational fishing season structure, commercial
trip limits, and establish an annual experimental studies program.
Additionally, Amendment 59 and this proposed rule would establish a
snapper-grouper discard reduction season in South Atlantic Federal
waters. This action is intended to end and prevent overfishing of red
snapper while reducing dead discards and providing additional fishing
opportunities.
DATES: Submit comments on this combined proposed rule and notice of
availability of an FMP amendment on or before March 17, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0142">https://www.regulations.gov/docket/NOAA-NMFS-2024-0142</a>. You may
submit comments on this document, identified by [NOAA-NMFS-2024-0142],
by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit
[[Page 3161]]
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and type [NOAA-NMFS-2024-0142], in the
Search box. Click on the ``Comment'' icon, complete the required
fields, and enter or attach your comments.
<bullet> Mail: Submit written comments to Nikhil Mehta, Southeast
Regional Office, NMFS, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 the required fields if you wish to remain
anonymous).
Electronic copies of Amendment 59, which includes an environmental
impact statement (EIS), regulatory impact review, and a regulatory
flexibility analysis, may be obtained from the Southeast Regional
Office website at <a href="https://www.fisheries.noaa.gov/action/secretarial-amendment-fishery-management-plan-snapper-grouper-fishery-south-atlantic-region">https://www.fisheries.noaa.gov/action/secretarial-amendment-fishery-management-plan-snapper-grouper-fishery-south-atlantic-region</a>.
The unique identification number for the EIS for Amendment 59 is:
EISX-006-48-1SE-1726732992.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: <a href="/cdn-cgi/l/email-protection#e9878082818085c7848c819d88a987868888c78e869f"><span class="__cf_email__" data-cfemail="d6b8bfbdbebfbaf8bbb3bea2b796b8b9b7b7f8b1b9a0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS and the South Atlantic Fishery
Management Council (Council) manage the South Atlantic snapper-grouper
fishery, which includes red snapper, in the South Atlantic exclusive
economic zone (EEZ) under the Snapper-Grouper FMP. The Snapper-Grouper
FMP was prepared by the Council, approved by the Secretary of Commerce
(Secretary), 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).
On October 9, 2024, NMFS published a notice of intent to prepare an
EIS for Amendment 59 in the Federal Register and requested public
comment (89 FR 81892).
This document serves as both the proposed rule and the notice of
availability for Amendment 59, which is a Secretarial Amendment to the
Snapper-Grouper FMP.
Unless otherwise noted, all weights are described in whole weight.
Authority for Action
The Magnuson-Stevens Act authorizes the Secretary to prepare an
amendment necessary for the conservation and management of a fishery
managed under the Snapper-Grouper FMP if NMFS determines that the
Council has failed to develop and submit such an amendment to the
Secretary after a reasonable period of time (section 304(c)(1)(A); 16
U.S.C. 1854(c)(1)(A)). As discussed below, because the Council has
failed to take action to develop and submit measures to the Secretary
to end and prevent overfishing of South Atlantic red snapper, NMFS,
acting for the Secretary, developed Amendment 59 and its implementing
regulations in this proposed rule.
As described in Amendment 59, the proposed actions would revise the
F<INF>MSY</INF> proxy (F<INF>proxy</INF>) for determining overfishing
of red snapper, revise the red snapper ABC, revise the red snapper
total and sector ACLs, establish a snapper-grouper discard reduction
season in the South Atlantic EEZ, revise the red snapper commercial
trip limit, modify the red snapper commercial and recreational fishing
season start dates, revise the red snapper recreational fishing season
structure, establish a red snapper annual experimental studies program,
and revise the red snapper fishing year.
NMFS is soliciting public comments on Amendment 59 and on this
proposed rule. All relevant written comments received by the end of the
comment period for this action (see DATES), whether specifically
directed to the proposed Snapper-Grouper FMP amendment or the
implementing regulations, will be considered by NMFS in deciding
whether to adopt and implement Amendment 59.
South Atlantic Red Snapper Background
In 2021, a stock assessment for red snapper was completed
(Southeast Data, Assessment, and Review 73, [SEDAR 73, 2021]) and
indicated that red snapper remains overfished and undergoing
overfishing, but the stock was making adequate progress towards
rebuilding. In July 2021, NMFS sent a letter to the Council notifying
it of the results of the stock assessment and the Magnuson-Stevens Act
requirements to end overfishing. NMFS further explained at subsequent
Council meetings that although the red snapper stock was rebuilding and
the existing rebuilding plan did not need to be revised, the Council
needed to take action to end overfishing of red snapper. Subsequent to
the stock status notification of July 2021, the Council developed
Regulatory Amendment 35 to the Snapper-Grouper FMP (Regulatory
Amendment 35) which, if implemented, would have reduced the catch
levels of red snapper and specified gear requirements for reducing
discards, but would not have ended overfishing. After taking final
action to approve Regulatory Amendment 35 at their March 2023 meeting,
the Council rescinded its final action to submit Regulatory Amendment
35 to NMFS for implementation at its December 2023 meeting. Since that
time, the Council has taken no further action under the Magnuson-
Stevens Act to end overfishing of red snapper. As a result, on June 14,
2024, NMFS implemented temporary interim measures for red snapper to
reduce overfishing by reducing the catch limits for the 2024 red
snapper commercial and recreational fishing seasons, and these measures
were effective through December 11, 2024 (89 FR 50350).
In the past 2 years, NMFS has been sued three times for the
continued overfishing of South Atlantic red snapper. On August 22,
2024, a Federal District Court approved a settlement agreement between
NMFS and the plaintiffs in one of these lawsuits. The settlement
agreement requires NMFS to submit to the Federal Register by June 6,
2025, a final rule implementing a Secretarial Amendment to end red
snapper overfishing. However, a Secretarial Amendment would not be
required if the Council takes action to end overfishing and NMFS
approves and submits a final rule to the Federal Register to implement
the Council's action on or before June 6, 2025.
NMFS completed an update of the SEDAR 73 (2021) assessment in
December 2024 using data through 2023 (SEDAR 73 Update Assessment
[2024]). The updated assessment indicated that the stock is still
experiencing overfishing relative to the Council's current fishing
mortality threshold, but could continue to rebuild on schedule if
fished at a higher fishing mortality rate given above-average
recruitment of younger fish in recent years. The stock is still
rebuilding, but it is no longer overfished because the red snapper
spawning stock biomass is greater than the minimum stock size threshold
(MSST). However, because the stock size has not reached the rebuilding
target level specified in the rebuilding plan, red snapper will
continued to be managed under the rebuilding plan. The rebuilding
target level is the reproductive capacity of the red snapper population
at 30 percent of the
[[Page 3162]]
spawning potential ratio (SPR) of an unfished population
[30<not-eq><INF>SPR</INF>]).
Most of the red snapper fishing mortality is attributed to dead
discards in the recreational sector. The recreational sector consists
of both private recreational anglers and charter vessels and headboats
(for-hire). Recreational fishermen discard red snapper both during the
directed red snapper recreational open fishing season and during the
closed recreational season while fishers are targeting snapper-grouper
species that co-occur with red snapper. As described in Amendment 59,
approximately 98 percent of all red snapper discard mortalities during
2021-2023 were from the recreational sector (SEDAR 73 Update 2024). The
current level of discards is resulting in less younger fish, which are
more abundant, surviving to the older ages necessary to sustain the
population in the long term, particularly if recruitment decreases back
to more historical levels. Additionally, the high level of mortality
from discards is reducing and limiting the amount of landed catch.
Management Measures Contained in the Proposed Rule
For red snapper, this proposed rule would revise the commercial and
recreational ACLs, the fishing year, the commercial and recreational
sector fishing season start dates, the recreational fishing season
structure, and the commercial trip limits. Additionally, the proposed
rule would establish a snapper-grouper discard reduction season in the
South Atlantic EEZ.
Red Snapper Commercial and Recreational ACLs
The Council developed Amendment 43 to the Snapper-Grouper FMP
(Amendment 43) in 2018 and specified the current total ACL of 42,510
fish based on landings observed during the limited red snapper season
in 2014 (83 FR 35428, July 26, 2018). The total ACL is divided between
the sectors, using the current sector allocation ratio for red snapper
in the Snapper-Grouper FMP of 28.07 percent commercial and 71.93
percent recreational. This results in the commercial ACL of 124,815
pounds (lb) (56,615 kilograms (kg)) and the recreational ACL of 29,656
fish. The commercial sector ACL is set in pounds of fish because the
commercial sector reports landings in weight, and weight is a more
accurate representation of commercial landings. 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.
As discussed later in this proposed rule, Amendment 59 would
increase the total ACL to 500,000 fish (139,000 fish as landings and
361,000 fish as dead discards). Using the current sector allocation
ratio of 28.07 percent commercial and 71.93 percent recreational, the
proposed rule would specify a commercial ACL of 346,000 lb (156,943
kg), and a recreational ACL of 85,000 fish. The proposed ACL increases
are based on the proposed ABC that resulted from the SEDAR 73 Update
Assessment (2024), and based on the new management measures in this
proposed rule for the commercial and recreational sectors to reduce
dead discards. The proposed ABC is eight percent below the overfishing
limit (OFL) to account for scientific uncertainty. The total ACL is
reduced by two percent from the ABC. Management measures such as the
commercial and recreational fishing seasons, the commercial trip limit,
and the discard reduction season are intended to constrain catches to
at or below the sector ACLs.
Red Snapper Fishing Year
The current fishing year for South Atlantic red snapper is January
1 through December 31 (50 CFR 622.7). The fishing year aligned with the
calendar year is consistent with many snapper-grouper species managed
by NMFS and the Council. The fishing year applies to both the
commercial and recreational sectors. This proposed rule would revise
the fishing year to be May 1 through April 30, annually and would also
apply to both sectors. This change is intended to improve consistency
in when red snapper catches are accounted for given the timing of the
implementation of the proposed new management measures, and it would
align with the proposed commercial red snapper season opening and the
opening of the fishing season for shallow-water grouper on May 1, which
are under a spawning season closure from January through April, and are
a group of snapper-grouper species commonly caught with red snapper.
Red Snapper Commercial Fishing Season
The current commercial season begins on the second Monday in July,
unless otherwise specified. The commercial accountability measures
(AMs) require the sector to close for the remainder of the fishing year
if commercial landings reach or are projected to reach the commercial
ACL.
For the 2025-2026 fishing year, the start of the commercial fishing
season would remain the same and begin on the second Monday in July.
Beginning with the 2026-2027 fishing year, this proposed rule would
change the start of the commercial fishing season to begin annually on
May 1. The commercial AM would not change as a result of this proposed
rule.
As previously discussed, the change of the commercial fishing
season to open on May 1 would align with the opening of the shallow-
water grouper fishing season on May 1. Shallow-water grouper are under
a spawning season closure from January through April, and are commonly
caught with red snapper. NMFS expects the change in the commercial
fishing season would help reduce the discards of red snapper by
allowing fishermen to retain red snapper while fishing for co-occurring
species. NMFS determined that given the timing of this rulemaking for
Amendment 59, changing the commercial start date for the 2025-2026
fishing year is not practicable.
Red Snapper Recreational Fishing Season
The current 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. The Regional Administrator
(RA) also has the authority to change the red snapper recreational
season opening and closing dates based on certain adverse weather
conditions. Currently, if the RA determines tropical storm or hurricane
conditions exist, or are projected to exist, in the South Atlantic
during a 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
fishing season.
For the 2025-2026 fishing year, this proposed rule would change the
start of the recreational fishing season to begin on the second
Saturday in July, unless otherwise specified. This proposed rule would
define a recreational season weekend as being Saturday and Sunday only,
and not include Friday. Beginning in the 2026-2027 fishing year, the
recreational season would begin on the second Saturday in June, unless
otherwise specified, consist of weekends only, and define a
[[Page 3163]]
recreational season weekend as being Saturday and Sunday only. During
any announced recreational fishing season, the recreational bag limit
would remain at one fish per person. Additionally, this proposed rule
would revise the current authority of the RA to modify the fishing
season dates, including off a specific South Atlantic state (see 50 CFR
622.2 for these state definitions), for adverse weather conditions. The
proposed rule would provide 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 (<a href="https://weather.gov/marine/cwd">https://weather.gov/marine/cwd</a>).
Specifically, the RA may modify the opening and closing dates of the
recreational fishing season, or reopen the season at a later date, 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 would 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
this would 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. The current weather flexibility
authority of the RA for the commercial sector would not change as a
result of this proposed rule since the commercial sector is not
confined to only fishing on weekends.
The proposed changes to the recreational fishing season are
expected to increase recreational access to red snapper and increase
the number of fishing days available for recreational fishers by
aligning the fishing days with the days when fishers are not usually at
work, and starting the season earlier in the summer when adverse
weather conditions from the hurricane season are less likely to occur
in the South Atlantic. Additionally, by extending the recreational
fishing season over more weekends, there may be a benefit to safety at
sea by spreading out fishing effort over a longer period of time and
thereby minimizing the impact of any specific period of adverse
weather.
Red Snapper Commercial Trip Limit
The current commercial trip limit during the commercial red snapper
season is 75 lb (34 kg), gutted weight. This proposed rule would
increase the commercial trip limit to 150 lb (68 kg), gutted weight,
during a commercial fishing season. The proposed increase in the trip
limit, in combination with the proposed increase in the commercial ACL,
is projected to double the number of available days the commercial
sector would be able to fish for red snapper, although as described in
Amendment 59, a commercial in-season closure is still expected. The
increased trip limit, in conjunction with the proposed increase to the
commercial ACL is expected to increase economic efficiency and reduce
discards given the longer commercial fishing season and greater amounts
of fish that can be retained. The proposed ACLs and existing commercial
AMs are expected to prevent the proposed commercial ACL from being
exceeded during the fishing year.
Snapper-Grouper Discard Reduction Season
Amendment 59 would establish a discard reduction season for the
South Atlantic snapper-grouper recreational sector, which is expected
to reduce dead discards of red snapper by at least 24 percent from
current levels. Coast-wide, recreational dead discards represent the
primary source of mortality for red snapper (98 percent of all discard
mortality), and catch estimates off Florida alone accounted for 87
percent of the South Atlantic dead discards during 2021-2023. Selection
of this area allows the target reduction in dead discards to be
achieved, while minimizing the geographic size and temporal scope of
the area in South Atlantic waters. In the area described below, from
January 1 through the end of February and from December 1 through
December 31, annually, (i.e. from December through February) no private
recreational or for-hire fisherman would be allowed to fish for,
harvest, or possess a species in the South Atlantic snapper-grouper
fishery management unit (FMU) from the South Atlantic EEZ that were
harvested with hook-and-line fishing gear. As defined at 50 CFR part
600.10, hook-and-line gear means one or more hooks attached to one or
more lines (can include a troll). The snapper-grouper FMU, described in
50 CFR part 622, Table 2 to Appendix A, consists of 55 species and many
of these species are known to co-occur with red snapper such as black
sea bass, red grouper, gag, scamp, greater amberjack, vermilion
snapper, and gray triggerfish. Generally, the discard reduction
season's closed area is all South Atlantic EEZ waters bounded to the
north by the Florida/Georgia state border and to the south by Cape
Canaveral, Florida. The specific coordinates of this snapper-grouper
discard reduction seasonal closed area would be codified in this
proposed rule at 50 CFR 622.183(b)(12)(i), as shown below.
Additionally, Action 4 in Chapter 2 of Amendment 59 contains a graphic
representation of the discard reduction seasonal closed area as
reference (see ADDRESSES).
NMFS notes that for the snapper-grouper discard reduction season,
the prohibition on the possession of snapper-grouper species using
hook-and-line fishing gear (including trolling gear) does not apply to
a recreational vessel that is in transit and with fishing gear
appropriately stowed. Transit means non-stop progression through the
area. Appropriately stowed means that terminal gear (i.e., hook,
leader, sinker, flasher, or bait) used with an automatic reel, bandit
gear, handline, or rod and reel must be disconnected and stowed
separately from such fishing gear. Additionally, a rod and reel must be
removed from the rod holder and stowed securely on or below deck.
As described in Amendment 59, the selection of this specific area
and time component for the discard reduction season allows the target
reduction in dead discards to be achieved, while minimizing the
geographic size and temporal scope of the area in the South Atlantic
EEZ. The reduction in dead discards and the increase in the red snapper
recreational ACL is projected to increase the recreational fishing
season length from 1-2 days to 5-9 days.
The proposed discard reduction season would have a biological
benefit to the red snapper stock and snapper-grouper species in general
by reducing the overall catch of snapper-grouper species in this area.
This in turn is expected to reduce discards for red snapper
specifically and co-occurring snapper-grouper species generally, and to
increase overall ecosystem health. The proposed discard reduction
season would contribute to addressing overfishing of red snapper by
reducing the number of red snapper discarded dead, consistent with both
National Standards 1 (ending overfishing) and 9 (reducing bycatch and
bycatch mortality to the extent practicable). Recreational fishermen
using hook-and-line fishing gear would be expected to adjust their
fishing behavior in response to this
[[Page 3164]]
annual seasonal closure. Recreational charter vessels and headboats and
individual fishermen would likely respond differently to these new
proposed regulations. However, while the recreational sector may need
to alter its fishing behavior based on the discard reduction season,
NMFS expects that ultimately, there will be gains in the biomass of red
snapper and other co-occurring snapper-grouper species as a result of
the discard reduction season that could be passed on to fishermen
through future benefits such as increased catch limits and fishing
opportunities.
Management Measures in Amendment 59 Not Codified by This Proposed Rule
In addition to the measures codified within this proposed rule, for
red snapper, Amendment 59 would revise the F<INF>MSY</INF> proxy for
determining overfishing, OFL, ABC, total ACL, and establish an annual
experimental studies program.
Fishing Mortality at Maximum Sustainable Yield Proxy for Red Snapper
Overfishing
The current MSY for South Atlantic red snapper equals the yield
produced by F<INF>MSY</INF>, and F<INF>30</INF><not-eq><INF>SPR</INF>
is used as the F<INF>MSY</INF> proxy. If the current F is greater than
the F<INF>MSY</INF> or greater than the F<INF>MSY</INF> proxy of
F<INF>30</INF><not-eq><INF>SPR</INF>, overfishing is occurring.
Amendment 59 would revise the overfishing definition as: overfishing
occurs when current F is greater than F<INF>MSY</INF> or a reasonable
proxy, based on the best scientific information available. If current F
is greater than F<INF>MSY</INF> or the F<INF>MSY</INF> proxy,
overfishing is occurring. Amendment 59 would define current F as
F<INF>2021-2023</INF>. This proxy is expected to maintain stock
recovery and adequate progress through 2028 with the rebuilding plan
established in Amendment 17A to the Snapper-Grouper FMP based on recent
high recruitment (75 FR 76874, December 9, 2010).
The SEDAR 73 Update Assessment (2024) indicated that the red
snapper stock had continued to grow, was no longer overfished, but had
not yet rebuilt. Amendment 59 would apply the F from the 2021 through
2023 fishing years (F<INF>2021-23</INF>) as the F<INF>MSY</INF> proxy
based on the results of the SEDAR 73 Update Assessment, and the red
snapper stock would no longer be classified as undergoing overfishing
(F<INF>CURRENT</INF>/F<INF>2021-23</INF> = 1.0). The use of
F<INF>2021-2023</INF> is a reasonable F<INF>MSY</INF> proxy for the
South Atlantic red snapper stock until the next assessment is completed
in 2028. Projection results from the 2024 SEDAR 73 Update Assessment
indicate this level of fishing mortality combined with recent, above-
average recruitment will keep the stock on track to rebuild consistent
with the red snapper rebuilding plan.
Red Snapper OFL, ABC and Total ACL
The current OFL is 56,000 fish and the ABC is 53,000 fish based on
SEDAR 41 (2017), which includes both landings and dead discards. As
previously discussed, the Council developed Amendment 43 to the
Snapper-Grouper FMP in 2018 and specified the current total ACL of
42,510 fish based on landings observed during the limited red snapper
season in 2014 (83 FR 35428, July 26, 2018). Amendment 43 also
specified the current commercial ACL of 124,815 lb (56,615 kg), and the
recreational ACL of 29,656 fish based on a commercial allocation of
28.07 percent and a recreational allocation of 71.93 percent. Amendment
59 would specify an OFL of 551,000 fish (yield at
F<INF>2021-2023</INF>), and an ABC equal to 92 percent of the OFL
(F<INF>2021-2023)</INF>) of 509,000 fish (71,000 landed fish and
438,000 dead discards), based on the F<INF>2021-2023</INF> high recent
recruitment scenario from the SEDAR 73 Update Assessment (2024). The
proposed ABC includes a buffer of eight percent from the OFL accounting
for scientific uncertainty. NMFS expects the measures in Amendment 59
and the proposed rule to reduce dead discards by at least 24 percent
resulting in a total ACL of 500,000 fish (139,000 fish as landings and
361,000 fish as dead discards).
Annual Experimental Studies Program
Although research on red snapper and other snapper-grouper species
does currently occur throughout the South Atlantic, there is not a
specific annual experimental studies program in place to reduce red
snapper discards and increase fishing opportunities. Requests to
conduct experimental studies such as an exempted fishing permit (EFP)
issued pursuant to 50 CFR 600.745(b), are evaluated by NMFS on an ad
hoc basis and issued as appropriate. For example, NMFS issued EFPs for
red snapper experimental studies to the state of Florida in 2024, the
studies are ongoing, and the EFPs are valid until July 31, 2025 (89 FR
23979, April 5, 2024; and 89 FR 23977, April 5, 2024). For state
agencies, academics, researchers, and other applicants interested in
red snapper specific projects, Amendment 59 would establish an annual
process for requesting, evaluating, and approving proposals for
innovative projects intended to reduce red snapper discards and
increase fishing opportunities. Project proposals would be evaluated
based on a fixed schedule to be developed by NMFS. Projects approved by
NMFS would authorize up to a total or combined amount of red snapper of
9,000 fish, which represents the difference between the proposed ABC
and ACL. NMFS notes that these research opportunities are not
necessarily specific to the EFPs but may also apply to other types of
research projects.
Proposed Rule for Amendment 59
This document is the proposed rule for Amendment 59 and serves as
the notice of availability for Amendment 59. In accordance with the
Magnuson-Stevens Act, NMFS has determined that this notice of
availability and proposed rule for Amendment 59 are consistent with the
Snapper-Grouper FMP, the Magnuson-Stevens Act, and other applicable
law.
Consideration of Public Comments
NMFS has prepared Amendment 59 for review, approval, and
implementation. Comments on Amendment 59 or on this proposed rule must
be received by March 17, 2025. Comments received during the respective
comment period, whether specifically directed to Amendment 59 or the
proposed rule, will be considered by NMFS and the Secretary in the
decision on whether to adopt Amendment 59 and implement the final rule.
All relevant comments received by NMFS on the amendment or the proposed
rule during the respective comment period will be addressed in the
final rule.
Classification
Pursuant to the Magnuson-Stevens Act, the NMFS Assistant
Administrator has determined that this action is consistent with the
Snapper-Grouper 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. The Magnuson-Stevens Act provides
the legal basis for this proposed rule. No duplicative, overlapping, or
conflicting Federal rules have been identified. In addition, no new
reporting and record-keeping requirements are introduced by this
proposed rule. This proposed rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
NMFS prepared an initial regulatory flexibility analysis (IRFA) for
this proposed rule, as required by section 603 of the Regulatory
Flexibility Act
[[Page 3165]]
(RFA), 5 U.S.C. 603. The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of this proposed rule, why it is being considered, and the purposes of
this proposed rule are contained in the SUMMARY and SUPPLEMENTARY
INFORMATION sections of the preamble. A copy of the full analysis is
available from NMFS (see ADDRESSES). A summary of the IRFA follows. All
monetary estimates in the following analysis are in 2023 dollars.
This proposed rule would: (1) increase the red snapper total ACL
from 42,510 fish to 500,000 fish based on the results of an updated
stock assessment and by reducing red snapper dead discards by at least
24 percent from the baseline, (2) establish new management measures for
the recreational sector to reduce dead discards of red snapper by
establishing a discard reduction season for the recreational sector in
which from January 1 through the end of February and from December 1
through December 31, no private recreational or for-hire fishermen may
fish for, harvest, or possess in or from the South Atlantic exclusive
economic zone in an area between 28[deg]00.0' N and the Florida/Georgia
border (30[deg]42.0' N) any species in the snapper-grouper FMU with
hook-and-line fishing gear, (3) increase the commercial trip limit for
red snapper from 75 lb (34 kg), gutted weight, to 150 lb (68 kg),
gutted weight, (4) modify the commercial fishing season for red snapper
from beginning on the second Monday in July each year to beginning on
May 1, taking effect in 2026, (5) modify the recreational fishing
season for red snapper from beginning on the second Friday in July,
consisting of weekends only (Fridays, Saturdays, and Sundays) unless
otherwise specified, to begin on the second Saturday in July beginning
in 2025 with the season consisting of Saturdays and Sundays only, (6)
modify the recreational fishing season for red snapper to begin on the
second Saturday in June, beginning in 2026 with the season consisting
of Saturdays and Sundays only, and (7) modify the fishing year for
South Atlantic red snapper from January 1 through December 31 to May 1
through April 30.
Actions (1) and (7), above, would apply to all commercial fishing
businesses, for-hire fishing businesses, and recreational fishers
(anglers) that fish for red snapper in Federal waters of the South
Atlantic. Actions (2), (5), and (6) would only apply to for-hire
fishing businesses and recreational anglers that fish for any snapper-
grouper species in the South Atlantic EEZ. Finally, actions (3) and (4)
would only apply to commercial fishing businesses that fish for red
snapper in Federal waters of the South Atlantic. None of the proposed
changes would directly apply to federally-permitted dealers. Any change
in the supply of red snapper available for purchase by dealers as a
result of this proposed rule, and associated economic effects, would be
an indirect effect of the proposed rule and would therefore fall
outside the scope of the RFA.
A valid South Atlantic snapper-grouper unlimited permit (SG1) or
225-lb Trip-limited permit (SG2) is required in order to legally
harvest red snapper commercially in the South Atlantic. At the end of
2020, 535 vessels possessed a valid commercial South Atlantic SG1
permit, and 104 vessels possessed a valid SG2 permit. From 2016 through
2020, an average of 660 commercial vessels possessed one of these
permits each year. NMFS does not possess complete ownership data
regarding businesses that harvest South Atlantic red snapper.
Therefore, it is not currently feasible to accurately determine
affiliations between commercial fishing vessels and the businesses that
own them. As a result, for purposes of this analysis, it is assumed
each commercial fishing vessel is independently owned by a single
business, which is expected to result in an overestimate of the actual
number of commercial fishing businesses regulated by this proposed
regulatory action. Thus, this analysis assumes that 660 commercial
fishing businesses would be regulated by this proposed rule.
This proposed rule would also regulate and directly affect
recreational anglers and for-hire fishing businesses. The RFA does not
consider recreational anglers to be entities, so they are 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.
A valid charter vessel/headboat South Atlantic snapper grouper
vessel permit is required in order for for-hire vessels to legally
harvest snapper-grouper species in the South Atlantic. NMFS does not
possess complete ownership data regarding vessels that hold charter
vessel/headboat South Atlantic snapper-grouper vessel permits, and thus
potentially harvest snappers or groupers. Therefore, it is not
currently feasible to accurately determine affiliations between these
vessels and the businesses that own them. As a result, for purposes of
this analysis, it is assumed each for-hire vessel is independently
owned by a single business, which is expected to result in an
overestimate of the actual number of for-hire fishing businesses
regulated by this proposed rule. Further, NMFS also does not currently
possess data on the number of for-hire fishing vessels that harvest or
target South Atlantic red snapper or snapper and grouper species in
general. However, from 2016 through 2020, the average number of for-
hire fishing vessels with charter vessel/headboat South Atlantic
snapper-grouper vessel permits was 2,059. Because these permits are
open access and thus not limited, this analysis assumes that as many as
2,059 for-hire fishing businesses could be directly regulated by this
proposed rule.
On December 29, 2015, NMFS issued a final rule establishing a small
business size standard of $11 million in annual gross receipts
(revenue) for all businesses primarily engaged in the commercial
fishing industry (NAICS code 11411) for RFA compliance purposes only
(80 FR 81194, December 29, 2015). In addition to this gross revenue
standard, a business primarily involved in commercial fishing is
classified as a small business if it is independently owned and
operated, and is not dominant in its field of operations (including its
affiliates). From 2019 through 2023, the maximum annual gross revenue
earned by a single commercial snapper-grouper vessel was approximately
$457,418, while the average annual gross revenue for a vessel
commercially harvesting red snapper in the South Atlantic was $70,028.
Based on this information, all commercial fishing businesses directly
regulated by this proposed rule are determined to be small entities for
the purpose of this analysis.
For other industries, the Small Business Administration has
established size standards for all major industry sectors in the U.S.,
including for-hire businesses (NAICS code 487210). A business primarily
involved in for-hire fishing is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has annual receipts (revenue)
not in excess of $14 million for all its affiliated operations
worldwide. The average annual gross revenue for a headboat in the South
Atlantic is estimated at $355,255, based on data from 2017. The average
annual charter vessel gross revenue is estimated at $146,438, based on
data from 2009. Information on the maximum annual gross revenue earned
by an individual headboat or charter vessel is not available; however,
NMFS
[[Page 3166]]
assumes that no such businesses earned in excess of $14 million. Based
on this information, all for-hire fishing businesses regulated by this
proposed rule are determined to be small businesses for the purpose of
this analysis.
The average commercial fishing business that harvests South
Atlantic red snapper generates $70,028 per year in gross revenue from
commercial fishing. Approximately eight percent of this average annual
gross revenue represents economic profits, or about $5,602 per vessel
per year. The proposed rule would increase the commercial ACL for South
Atlantic red snapper and would be expected to increase aggregate annual
commercial landings of South Atlantic red snapper by an average of
221,185 lb (100,327.8 kg), worth an estimated $1,384,897, beginning in
the year of implementation. Given that there are approximately 192
commercial fishing businesses harvesting South Atlantic red snapper
each year, the average increase in annual gross revenue per business
would be approximately $7,213. Economic profits, therefore, would be
expected to increase by approximately 10 percent on average per
affected commercial fishing business.
This proposed rule would also modify the commercial trip limit to
150 lb (68 kg), gutted weight, from 75 lb (34 kg), gutted weight. In
general, a less restrictive commercial trip limit may increase economic
efficiency on commercial fishing trips, which would lead to an increase
in profitability for commercial red snapper vessels. However, these
effects cannot be quantified with existing data and individual fishing
businesses may experience varying effects based on their operating
characteristics and profit maximization strategies.
This proposed rule would also modify the start of the commercial
fishing season from beginning on the second Monday in July to beginning
May 1 of each year starting in 2026. NMFS does not possess the data to
directly determine whether any precise differences in profitability
would occur with a commercial fishing season beginning on May 1 of each
year. However, some economic benefits are possible. Modifying the start
of the commercial fishing season to May 1 would align with opening of
the commercial shallow-water grouper season, which could lead to an
increase in profitability on commercial red snapper trips that target
shallow-water grouper jointly in the season. Increased joint landings
of shallow-water grouper species on red snapper trips could increase
economic trip efficiency. The proposed May 1 start to the commercial
fishing season may also aid in reducing dead discards of red snapper in
some areas during the shallow-water grouper season. This could result
in faster rebuilding of the red snapper stock, providing future
benefits such as increased catch limits.
For the average South Atlantic charter vessel, annual gross revenue
is estimated to be approximately $146,438. For the average South
Atlantic headboat, annual gross revenue is estimated to be
approximately $355,255. This proposed rule would increase the total ACL
for South Atlantic red snapper, as well as the recreational ACL. If
current relative sector usage persists, the increase of 55,344 fish to
the red snapper recreational ACL would be expected to increase the
number of targeted for-hire angler trips. In the long run, factors of
production, such as labor and capital, can be used elsewhere in the
economy, and so only short-term changes to economic profits are
expected. In the South Atlantic, headboat trips take a diverse set of
anglers on a single vessel, generally advertising a diverse range of
species to be caught. Therefore, economic profits for headboats are
estimated separately from charter vessels. The expected increase in
directed red snapper recreational angler trips is expected to increase
net revenue for charter vessels and headboats by up to $391,276 and
$459,060, respectively, per year on average. The estimates will depend
on how many additional for-hire trips are booked as a result of the
increased red snapper recreational ACL and recreational season length.
Given that there are approximately 2,059 charter fishing businesses and
61 headboat businesses that are eligible to recreationally harvest
South Atlantic red snapper each year, the average increase in annual
net revenue per charter and headboat business is approximately $190 and
$7,525, respectively. Because not all permitted charter vessels may be
active and many permitted charter vessels fish in areas where red
snapper are less abundant (e.g., southeast Florida), the change in net
revenue per active charter vessel is likely underestimated and may be
considerably greater than presented here.
This proposed rule would also establish a discard reduction season
for all snapper-grouper, which would be expected to decrease directed
snapper-grouper recreational angler trips during the period from
January 1 through the end of February and from December 1 through
December 31 in the South Atlantic EEZ in an area between 28[deg]00.0' N
and the Florida/Georgia border (30[deg]42.0' N). These estimated
decreases in directed snapper-grouper charter vessel and headboat
angler trips would result in a decrease in annual net revenue of up to
$408,043 and $410,859, respectively. The average decrease in annual net
revenue per business from forgone recreational for-hire fishing trips
would be approximately $200 for charter vessels and $6,689 for
headboats. Again, the change in average net revenue for active charter
vessels may be greater than what is shown here for all permitted
vessels. When the loss in net revenue from forgone snapper-grouper
trips associated with the proposed temporal closure is combined with
the increased net revenue from the additional red snapper trips during
the open season, the overall change in annual net revenue for charter
and headboat businesses would equate to -$19,583 and $51,017 (-$10 or
$836 per vessel), respectively.
This proposed rule would also modify the recreational red snapper
fishing season from consisting of weekends only (Fridays, Saturdays,
and Sundays) that begins on the second Friday in July (unless otherwise
specified), to either begin on the second Saturday in July consisting
of Saturdays and Sundays beginning in 2025 or beginning on the second
Saturday in June consisting of Saturdays and Sundays beginning in 2026.
Estimating the differences in for-hire vessels' profitability from
differences in when the recreational red snapper season begins and
specific days of the week is not possible. Information, such as whether
net revenue per trip varies on a seasonal basis, is not available for
use in estimating the differences in profitability with respect to
varying recreational season start dates. Information on recreational
red snapper directed effort (trips that targeted or caught red snapper)
can aid in determining if the profitability may differ between start
dates. However, because the recreational red snapper season has been
only a few days long or less in recent years and has occurred entirely
in July, there is a lot of uncertainty in how demand for for-hire trips
would change if previously closed months were open to fishing. Directed
red snapper effort was higher in July and August than in June from 2019
through 2023, as expected based on the historical red snapper seasons
during that period, although May and June were higher than other
periods during the year. Therefore, a June start date may provide
similar economic returns
[[Page 3167]]
to for-hire fishing businesses as a July start date.
The following discussion describes the significant alternatives to
the proposed rule that were not selected by NMFS.
Three alternatives, including the status quo, were considered for
the proposed action to increase and set the total South Atlantic red
snapper ACL equal to 500,000 fish and establish a required dead discard
reduction amount of at least 24 percent from the baseline, with the
commercial and recreational South Atlantic red snapper sector ACLs set
equal 346,000 lb (156,943 kg) and 85,000 fish respectively, based on
current sector allocations.
The status quo alternative would have retained the total ACL equal
to 42,510 fish, with a commercial ACL equal to 124,815 lb (56,615 kg),
and a recreational ACL of 29,656 fish, and with the total ACL based on
landings only. The status quo total ACL of 42,510 fish was specified in
the final rule for Amendment 43 to the Snapper-Grouper FMP and is based
on the landings observed during the limited red snapper season in 2014.
Under the status quo ACL, no changes in landings, effort, or direct
economic effects would have been expected on any small entities. The
status quo ACL is based on outdated data that no longer represents the
best scientific information available, and thus was not selected as
preferred.
The second alternative would have reduced dead discards 16 percent
from the baseline and used this discard reduction achievement to
increase the total ACL to 505,000 fish. The commercial and recreational
South Atlantic red snapper sector ACLs would equal 300,000 lb (136,078
kg) and 64,000 fish respectively. The second alternative would have
resulted in $319,700 less total ex-vessel revenue for the commercial
sector and $210,000 less total net revenue for the for-hire component
of the recreational sector compared to the proposed ACLs. This
alternative was not selected because, although it requires a smaller
discard reduction than the proposed ACLs, it results in smaller direct
and indirect social and economic benefits from the harvest of
additional red snapper.
The third alternative would have reduced dead discards 32 percent
from the baseline and used this discard reduction achievement to
increase the total ACL to 496,000 fish. The commercial and recreational
South Atlantic red snapper sector ACLs would equal 390,000 lb (176,901
kg) and 105,000 fish respectively. These sector ACLs, are higher than
those in the proposed rule, and would have resulted in $305,800 more
total ex-vessel revenue for the commercial sector and $200,079 more
total net revenue for the for-hire component of the recreational sector
compared to the proposed rule. This alternative was not selected
because it would require a larger reduction in dead discards than the
proposed rule. A larger discard reduction percentage would necessitate
larger, more restrictive area and time closures to reduce dead
discards.
Six alternatives, including the status quo, were considered for the
proposed action to establish a discard reduction season for the
recreational sector such that during December 1 through the end of
February each year, no private recreational or for-hire fishermen may
fish for, harvest, or possess in or from the South Atlantic EEZ in an
area between 28[deg]00.0' N and the Florida/Georgia border
(30[deg]42.0' N) any species in the snapper-grouper FMU with hook-and-
line fishing gear. The status quo alternative would not have
established new management measures for the recreational sector to
achieve dead discard targets for red snapper. Therefore, no changes in
directed effort or direct economic effects would have been expected on
any small entities. This alternative was not selected because a discard
reduction of at least 24 percent from the baseline is needed in order
to achieve the ACL proposed in this rule.
The second alternative would have established two discard reduction
areas for the recreational sector such that in these areas, no private
recreational or for-hire fisherman may fish for, harvest, or possess, a
species in the South Atlantic snapper-grouper FMU from the South
Atlantic EEZ that were harvested with hook-and-line fishing gear. The
first area was to be in the South Atlantic EEZ off Jacksonville,
Florida, between 30[deg]18.0' N and 30[deg]42.0' N and between the
approximate depths of 80 to 150 feet (ft) (24.3 to 45.7 meters (m)).
The second area was to be in the South Atlantic EEZ off Cape Canaveral,
Florida, between 28[deg]18.0' N and 28[deg]42.0' N latitudes and
between the approximate depths of 80 to 150 ft (24.3 to 45.7 m). The
difference in annual net revenue for for-hire vessels resulting from
the area closures of the second alternative compared to the proposed
rule is an additional loss of $1.43 million. This alternative was not
selected because this alternative would result in less net economic
benefits through shorter red snapper seasons and a lower overall red
snapper ACL than the proposed rule.
The third alternative would have established a discard reduction
season for the recreational sector. During January 1 through February
14 each year, no private recreational or for-hire fishermen would have
been allowed to fish for, harvest, or possess in or from the South
Atlantic EEZ in an area between 28[deg]00.0' N and the Florida/Georgia
border (30[deg]42.0' N) any species in the snapper-grouper FMU with
hook-and-line fishing gear. The difference in annual net revenue for
for-hire vessels resulting from the area closure of the third
alternative compared to the proposed rule would represent a gain of
$442,677. This alternative was not selected because this alternative
would provide fewer opportunities to harvest red snapper through
shorter recreational fishing seasons and a lower overall red snapper
recreational ACL than the proposed rule. This alternative was also not
selected because it would provide less indirect benefits to co-
occurring snapper-grouper species, many of which are overfished,
undergoing overfishing, or showing declining trends in abundance.
The fourth alternative would have established three discard
reduction areas for the recreational sector such that in these areas,
no private recreational or for-hire fisherman may fish for, harvest, or
possess, a species in the South Atlantic snapper-grouper FMU from the
South Atlantic EEZ that were harvested with hook-and-line fishing gear.
The first area was to be in the South Atlantic EEZ off Jacksonville,
Florida between 30[deg]18.0' N and 30[deg]42.0' N and between the
approximate depths of 80 to 150 ft (24.3 to 45.7 m). The second area
was to be in the exclusive economic zone off St. Augustine, Florida
between 29[deg]30.0' N and 29[deg]54.0' N and between the approximate
depths of 80 to 150 ft (24.3 to 45.7 m). The third area was to be in
the exclusive economic zone off Cape Canaveral, Florida between
28[deg]18.0' and 28[deg]42.0' N and between the approximate depths of
80 to 150 ft (24.3 to 45.7 m). The difference in annual net revenue for
for-hire vessels resulting from the area closures of the fourth
alternative compared to the proposed rule is an additional loss of
$2.07 million. This alternative was not selected because this
alternative would result in less net economic benefits than the
temporal closure in the proposed rule.
The fifth alternative would have established four discard reduction
areas for the recreational sector such that in these areas, no private
recreational or for-hire fisherman may fish for, harvest, or possess, a
species in the South Atlantic snapper-grouper FMU from the South
Atlantic EEZ that were harvested with hook-and-line fishing gear. The
first area was to be in the South Atlantic
[[Page 3168]]
EEZ off Jacksonville, Florida between 30[deg]24.0' N and 30[deg]42.0' N
and between the approximate depths of 70 to 110 ft (21.3 to 33.6 m).
The second area was to be in the South Atlantic EEZ off St. Augustine,
Florida between 29[deg]42.0' N and 29[deg]54.0' N and between the
approximate depths of 70 to 110 ft (21.3 to 33.6 m). The third area was
to be in the South Atlantic EEZ off Daytona Beach, Florida between
29[deg]06.0' N and 29[deg]18.0' N and between the approximate depths of
70 to 110 ft (21.3 to 33.6 m). The fourth area was to be in the South
Atlantic EEZ off Cape Canaveral, Florida between 28[deg]24.0' N and
28[deg]42.0' N and between the approximate depths of 70 to 110 ft (21.3
to 33.6 m). The difference in annual net revenue for for-hire vessels
resulting from the area closures of the fifth alternative compared to
the proposed rule is an additional loss of $2.77 million. This
alternative was not selected because this alternative would result in
less net economic benefits than the temporal closure in the proposed
rule.
The sixth alternative would have established both a discard
reduction season for the entire South Atlantic EEZ and a separate year-
round discard reduction area for the recreational sector. During
January 1 through the end of February each year, no private
recreational or for-hire fishermen would have been allowed to fish for,
harvest, or possess a species in the South Atlantic snapper-grouper FMU
from the South Atlantic EEZ. Additionally, in the year-round closed
area, no private recreational or for-hire fisherman would have been
able to fish for, harvest, or possess a species in the South Atlantic
snapper-grouper FMU from the South Atlantic EEZ off Jacksonville,
Florida between 30[deg]18.0' N and 30[deg]42.0' N and between the
approximate depths of 80 to 150 ft (24.3 to 45.7 m) that were harvested
with hook-and-line fishing gear. The difference in annual net revenue
for for-hire vessels resulting from the area closures of the second
alternative compared to the proposed rule is an additional loss of
$548,728. This alternative was not selected because this alternative
would result in less net economic benefits than the temporal closure in
the proposed rule.
Three alternatives, including the status quo, were considered for
the proposed action to increase the commercial trip limit for South
Atlantic red snapper to 150 lb (68 kg), gutted weight. The status quo
alternative would have retained the current commercial trip limit for
South Atlantic red snapper of 75 lb (34 kg), gutted weight. This
alternative was not selected because with the increase to the
commercial ACL resulting from this proposed rule, it would reduce trip
economic efficiency. This alternative was also not selected because the
higher proposed trip limit would have been expected to reduce dead
discards of red snapper during the commercial red snapper open season,
especially for trips that are longer in duration and trips that target
co-occurring species with red snapper as well. The second alternative
would have modified the commercial trip limit to be 100 lb (45.4 kg),
gutted weight. This alternative was not selected for similar reasons as
to why the status quo alternative was not selected. The third
alternative would have modified the commercial trip limit to be 200 lb
(90.7 kg), gutted weight. This alternative was not selected because it
would have resulted in a shorter commercial season relative to the
proposed rule. A shorter commercial season could lead to increased out-
of-season regulatory discards, although overall discards during the
season would have been reduced.
Two alternatives, including the status quo, were considered for the
proposed action to modify the start of the commercial fishing season to
May 1 beginning in 2026. The status quo alternative would have retained
the commercial fishing season to begin each year on the second Monday
in July. This alternative was not selected because it would not align
with the May 1 opening of shallow-water groupers, which are co-
occurring species landed jointly with red snapper. Not aligning the
season to start concurrently with the start of shallow-water grouper
season reduces economic efficiency for red snapper trips, and increases
the likelihood of red snapper discards as red snapper would not be
available for commercial retention. This alternative was also not
selected because in comparison to the proposed rule, this alternative
does not provide the opportunity for as many commercial trips to occur
in typically favorable weather conditions prior to the peak of
hurricane season and fall/winter cold fronts.
The second alternative would have modified the start of the
commercial fishing season to June 1 beginning in 2026. This alternative
was also not selected for similar reasons as to why the status quo
alternative was not selected.
Two alternatives, including the status quo, were considered for the
proposed action to modify the recreational fishing season to begin on
the second Saturday in July, consisting of Saturdays and Sundays
beginning in 2025 or to begin on the second Saturday in June,
consisting of Saturdays and Sundays beginning in 2026. The status quo
alternative would have retained the recreational season consisting of
weekends only (Fridays, Saturdays, and Sundays) beginning on the second
Friday in July, unless otherwise specified. This alternative was not
selected because it would limit the recreational fishing season to
fewer weekends of fishing compared to the proposed rule. Further, the
status quo included Friday as a fishing day in the recreational season.
This would limit opportunities of recreational anglers who work typical
weekday work schedules, increasing overall opportunity costs of
recreational red snapper anglers. The second alternative would have
modified the recreational fishing season to begin on the second
Saturday in June 2026 consisting of weekends only (Fridays, Saturdays,
and Sundays). This alternative was also not selected for similar
reasons as to why the status quo alternative was not selected.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Recreational, Red snapper, Snapper-
grouper, South Atlantic.
Dated: January 7, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 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. 622.7, add paragraph (i) to read as follows:
Sec. 622.7 Fishing years.
* * * * *
(i) South Atlantic red snapper--May 1 through April 30.
0
3. In Sec. 622.183, revise paragraph (b)(5) and add paragraph (b)(12)
to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(5) 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 Sec. 622.193(y). Each year,
[[Page 3169]]
NMFS will announce the season opening dates in the Federal Register.
For the 2025-2026 fishing year, the commercial season will begin on the
second Monday in July, unless otherwise specified. Beginning in the
2026-2027 fishing year, the commercial season will begin annually on
May 1, unless otherwise specified. For the 2025-2026 fishing year, the
recreational season, which consists of weekends only (Saturdays and
Sundays) begins on the second Saturday in July, unless otherwise
specified. Beginning in the 2026-2027 fishing year, the recreational
season, which consists of weekends only (Saturdays and Sundays) begins
on the second Saturday in June, 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.
(ii) 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, including off a specific South Atlantic
state (see 50 CFR 622.2 for these state definitions), 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.
* * * * *
(12) Discard reduction season for the South Atlantic snapper-
grouper recreational sector. The discard reduction season described in
paragraph (b)(12)(i) of this section, is an area closed to the
recreational sector for the harvest of South Atlantic snapper-grouper
species by hook-and-line fishing gear (including trolling gear) from
January 1 through the end of February and from December 1 through
December 31, annually. The recreational bag limit using hook-and-line
fishing gear to harvest South Atlantic snapper-grouper within the
discard reduction season closed area, as described in paragraph
(b)(12)(i) of this section, is zero. During the applicable seasonal
closure, no person may harvest or possess any snapper-grouper species
in or from the discard reduction season closed area within the South
Atlantic EEZ that were recreationally harvested by hook-and-line
fishing gear (including trolling gear), except for a recreational
vessel that is in transit and with fishing gear appropriately stowed.
For the purposes of paragraph (b)(12) of this section, transit means
non-stop progression through the area. For the purposes of paragraph
(b)(12) of this section, appropriately stowed means that terminal gear
(i.e., hook, leader, sinker, flasher, or bait) used with an automatic
reel, bandit gear, handline, or rod and reel must be disconnected and
stowed separately from such fishing gear. Additionally, a rod and reel
must be removed from the rod holder and stowed securely on or below
deck.
(i) From January 1 through the end of February and from December 1
through December 31, annually, no person may recreationally harvest or
possess South Atlantic snapper-grouper using hook-and-line fishing gear
in or from the discard reduction season closed area within the South
Atlantic EEZ described by the rhumb lines connecting, in order, the
following points:
Table 12 to Paragraph (b)(12)(i)
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
1.................................... 30[deg]42.0'........... State/EEZ boundary.
2.................................... 30[deg]42.0'........... offshore U.S. EEZ boundary.
3.................................... 28[deg]00.0'........... offshore U.S. EEZ boundary.
4.................................... 28[deg]00.0'........... State/EEZ boundary.
1.................................... 30[deg]42.0'........... State/EEZ boundary.
----------------------------------------------------------------------------------------------------------------
(ii) [Reserved].
0
4. In Sec. 622.191, revise 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, 150 lb (68 kg), gutted weight.
* * * * *
0
5. In Sec. 622.193, revise paragraph (y) to read as follows:
Sec. 622.193 Annual catch limits (ACLs) and accountability measures
(AMs).
* * * * *
(y) Red snapper--(1) Commercial sector. The commercial ACL for red
snapper is 346,000 lb (156,943 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 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.
[[Page 3170]]
(2) Recreational sector. The recreational ACL for red snapper is
85,000 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. 2025-00552 Filed 1-10-25; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 14, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.