Rule2025-10561
Snapper-Grouper Fishery of the South Atlantic; Amendment 59
Primary source
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Published
June 11, 2025
Effective
July 11, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement Amendment 59 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic (Snapper-Grouper FMP) (Amendment 59). For South Atlantic red snapper, this final rule revises the commercial and recreational annual catch limits (ACLs). Amendment 59 also revises the fishing mortality (F) at maximum sustainable yield (MSY) proxy for determining overfishing, overfishing limit (OFL), acceptable biological catch (ABC), and total ACL and sector ACLs for red snapper. For the 2025 fishing year, this final rule also announces the red snapper commercial and recreational fishing season dates in the South Atlantic. For red snapper, this final rule is intended to end and prevent overfishing and revise the catch limits consistent with the most recent stock assessment.
Full Text
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<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
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[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Rules and Regulations]
[Pages 24527-24539]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10561]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 250606-0095]
RIN 0648-BN31
Snapper-Grouper Fishery of the South Atlantic; Amendment 59
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement Amendment 59 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic (Snapper-Grouper FMP) (Amendment 59). For South Atlantic red
snapper, this final rule revises the commercial and recreational annual
catch limits (ACLs). Amendment 59 also revises the fishing mortality
(F) at maximum sustainable yield (MSY) proxy for determining
overfishing, overfishing limit (OFL), acceptable biological catch
(ABC), and total ACL and sector ACLs for red snapper. For the 2025
fishing year, this final rule also announces the red snapper commercial
and recreational fishing season dates in the South Atlantic. For red
snapper, this final rule is intended to end and prevent overfishing and
revise the catch limits consistent with the most recent stock
assessment.
DATES: This final rule is effective July 11, 2025. The 2025 red snapper
commercial season opens at 12:01 a.m., local time, July 14, 2025, until
12:01 a.m., local time, January 1, 2026, unless changed by subsequent
notification in the Federal Register. The 2025 red snapper recreational
season opens at 12:01 a.m., local time, on July 11, 2025, and closes at
12:01 a.m., local time, on July 13, 2025.
ADDRESSES: Electronic copies of Amendment 59, which includes an
environmental assessment (EA), regulatory impact review, a regulatory
flexibility analysis (RFA), and the Small Entity Compliance Guide, 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 Amendment 59 environmental
review is: EAXX-006-48-1SE-1746577008EISX.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#99ebf0faf2b7fdfceff0faedf6ebd9f7f6f8f8b7fef6ef"><span class="__cf_email__" data-cfemail="cfbda6aca4e1abaab9a6acbba0bd8fa1a0aeaee1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS, with the advice from and the South
Atlantic Fishery Management Council (Council), manages 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
[[Page 24528]]
Fishery Conservation and Management Act (Magnuson-Stevens Act).
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 not developed and submitted such an amendment to the
Secretary after a reasonable period of time (16 U.S.C. 1854(c)(1)(A)).
Additionally, the Magnuson-Stevens Act authorizes the Secretary to
adopt the amendment and to propose and subsequently promulgate
regulations to implement any plan or amendment, consistent with the
fishery management plan, national standards, other provisions of the
Magnuson-Stevens Act, and any other applicable law (16 U.S.C.
1854(c)(5) and (7)). 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 final rule to end and prevent overfishing of South Atlantic red
snapper.
Background
On October 9, 2024, NMFS published a notice of intent to prepare an
environmental impact statement (EIS) for Amendment 59 in the Federal
Register and requested public comment (89 FR 81892). On January 14,
2025, NMFS published a proposed rule and notice of availability for
Amendment 59 in the Federal Register and requested public comment (90
FR 3160). On January 17, 2025, NMFS published a draft EIS in the
Federal Register and requested public comment (90 FR 5877). Subsequent
to the end of these public comment periods, NMFS removed five actions
from further consideration in Amendment 59. A new red snapper stock
assessment, Southeast Data, Assessment, and Review 90 (SEDAR 90), is
beginning this year, and will take into account new information about
the red snapper stock from the results of the South Atlantic Red
Snapper Research Program (SARSRP or the South Atlantic Red Snapper
Count). The results of SEDAR 90 are expected to provide further
critical information that will better inform future red snapper
management decisions. In view of the fact that new stock assessment
information will be available soon, and taking the substantial concerns
expressed in the public comments into account, NMFS decided to move
ahead with only three actions, which will provide the Council another
opportunity to consider other management measures to reduce dead
discards and increase red snapper fishing opportunities in a future
amendment. Therefore, for South Atlantic red snapper, this final rule
revises the commercial and recreational ACLs for red snapper and
Amendment 59 revises the FMSY proxy used to determine overfishing, as
well as the OFL, ABC, and total ACL.
NMFS determined that based on the remaining actions in the
amendment, preparation of an EA versus a final EIS for Amendment 59 was
more appropriate. This final rule implements and addresses the actions
remaining in the amendment. The section Changes from the Proposed Rule,
later in this document, more fully describes the actions that were
removed from further consideration. Amendment 59 was approved on May
23, 2025.
Unless otherwise noted, all weights are described in round weight.
In 2021, a stock assessment for red snapper was completed (SEDAR
73, 2021) and indicated that red snapper remained overfished and
undergoing overfishing, but also indicated that 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 for Secretarial review
and implementation at their March 2023 meeting, the Council rescinded
its final action 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). Those temporary
measures, for the red snapper 2024 fishing seasons reduced the
commercial ACL from 124,815 lb (56,615 kg) to 85,268 lb (38,677 kg),
and the recreational ACL was reduced from 29,656 fish to 21,167 fish
with a 1-day fishing season.
In the past 2 years, the Secretary and NMFS have 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 the Secretary, NMFS, and the plaintiffs in one of
these lawsuits. The settlement agreement requires the Secretary and
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. The Council has failed to take that action.
NMFS completed an update of the SEDAR 73 (2021) assessment in
December 2024 using data through 2023 (SEDAR 73 Update Assessment
[2024]). The update assessment indicates that the stock is still
experiencing overfishing relative to the current fishing mortality
threshold in the Snapper-Grouper FMP, but the stock could continue to
rebuild on schedule if fished at a higher fishing mortality rate given
above-average recruitment of younger fish in recent years. In addition,
the update assessment indicates the stock is still rebuilding but 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 continue 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 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
[[Page 24529]]
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 removing younger fish from the population. This prevents
a segment of the fish population from 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 limiting the amount of catch
that can be landed, resulting in forgone yield and harvest
opportunities.
Management Measures Contained in the Final Rule
For red snapper, this final rule revises the commercial and
recreational ACLs 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 final rule, Amendment 59 increases the
total ACL to 509,000 fish, separated into 34,000 fish as landings and
475,000 fish as dead discards. While the total ACL, and the ABC, is
equal to 509,000 fish, the 34,000 fish from the total ACL that is used
to apportion to each sector based on the current sector allocations is
the result of what remains from the total ACL after accounting for the
dead discards (509,000 minus 475,000). In Amendment 59, the total ACL
of 509,000 fish is derived from SEDAR Update Assessment (2024)
projections of the amount of catch that is associated with fishing at
90 percent of F<INF>2021-2023</INF> (FMSY proxy for maintaining
rebuilding consistent with the Amendment 17A rebuilding plan) applied
in Amendment 59 for 2025-2027 under the high recent average recruitment
scenario. Using the current sector allocation ratio of 28.07 percent
commercial and 71.93 percent recreational as applied to the 34,000
fish, this final rule specifies a commercial ACL of 102,951 lb (46,698
kg), and a recreational ACL of 22,797 fish (equivalent to 263,815 lb
(119,664 kg)). The conversion of red snapper numbers of fish to pounds
uses a commercial average weight of 9.19 lb (4.17 kg) per fish and a
recreational average weight of 11.085 lb (5.028 kg) per fish. These
landed ACL values are based on the new ABC that is derived from the
SEDAR 73 Update Assessment (2024) and the existing sector allocations,
and assume no additional reduction in dead discards is achieved.
Management measures such as the current commercial and recreational
fishing seasons and the commercial trip limit and recreational bag
limit are intended to constrain catches to the sector ACLs.
Management Measures in Amendment 59 Not Codified by This Final Rule
In addition to the measures codified within this final rule, for
red snapper, Amendment 59 revises the F<INF>MSY</INF> proxy used to
determine overfishing, as well as the OFL, ABC, and total ACL.
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 revises the F<INF>MSY</INF> proxy from a fixed
F<INF>30</INF><not-eq><INF>SPR</INF> value to a more flexible
definition that reflects the best scientific information available at
the time an overfishing determination is made. If current F is greater
than F<INF>MSY</INF> or the F<INF>MSY</INF> proxy, overfishing is
occurring.
Amendment 59 would specify the F<INF>MSY</INF> proxy as the fishing
mortality rate consistent with maintaining the existing rebuilding plan
adopted in Amendment 17A to the Snapper-Grouper FMP (75 FR 76874,
December 9, 2010). Based on the SEDAR 73 Update Assessment (2024), the
F<INF>MSY</INF> proxy that maintains the existing rebuilding plan would
be equivalent to F<INF>2021-2023</INF>, and the red snapper stock would
no longer be classified as undergoing overfishing (F<INF>CURRENT</INF>/
F<INF>2021-23</INF> = 1.0).
NMFS has determined that 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 stock assessment is completed in 2026 (<a href="https://sedarweb.org/documents/sedar-90-south-atlantic-red-snapper-project-schedule-pdf/">https://sedarweb.org/documents/sedar-90-south-atlantic-red-snapper-project-schedule-pdf/</a>). The projection results from the 2024 SEDAR 73 Update
Assessment (2024) 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 until the next
assessment is completed.
Red Snapper OFL, ABC and Total ACL
In the Snapper-Grouper FMP, for red snapper the current OFL is
56,000 fish and the ABC is 53,000 fish, which includes both landings
and dead discards and is based on SEDAR 41 (2017). As previously
discussed, the Council developed Amendment 43 to the Snapper-Grouper
FMP in 2018 and also specified the current total ACL of 42,510 fish and
the current commercial and recreational ACLs. Amendment 59 revises the
OFL and ABC and specifies an OFL of 551,000 fish (landings and
discards), which is the 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
(includes both landed fish and dead discards) based on projections
derived from the SEDAR 73 Update Assessment (2024). The revised ABC
includes a buffer of eight percent from the OFL to account for
scientific uncertainty. The revised total ACL is set equal to the
revised ABC value of 509,000 fish. The total ACL of 509,000 fish is
derived from SEDAR Update Assessment (2024) projections of the amount
of catch that is associated with fishing at 90 percent of F2021-2023
(FMSY proxy for maintaining rebuilding consistent with the Amendment
17A rebuilding plan) applied in Amendment 59 for 2025-2027 under the
high recent average recruitment scenario.
As previously noted, the total ACL of 509,000 fish represents both
landed catch (34,000 fish) and dead discards (475,000 fish). While both
the ABC and the total ACL are 509,000 fish, the landed portion of the
ABC is 71,000 fish and the landed portion of the total ACL is 34,000
fish. This difference is because the total ACL includes a higher number
of dead discards than the ABC, since NMFS removed the proposed action
to reduce dead discards.
By maintaining dead discards at 475,000 fish, the landed ACL for
red snapper is reduced from 71,000 fish to 34,000 fish. Those 34,000
fish are then apportioned to each sector based on the existing
allocation. However, the sector ACLs only represent landed catch and
in-season monitoring of the sectors is
[[Page 24530]]
based on landed catch only. The sector accountability measures (AMs)
are directly related to the sector ACLs which represent landed catch.
Any in-season closure or season length projection is based on landings
only with respect to a sector ACL and not the dead discard estimates
that are included as part of the definition of the total ACL and ABC.
2025 Fishing Year Commercial and Recreational Fishing Season Dates
In addition to the measures within Amendment 59 and codified in
this final rule, this final rule announces the red snapper commercial
season opening date and the recreational season opening and closing
dates for the 2025 fishing year. The commercial and recreational season
lengths for the 2025 fishing year are determined using the revised
sector ACLs in this final rule.
For the commercial sector, and consistent with the regulations in
50 CFR 622.183(b)(5), for the 2025 fishing year, the red snapper
commercial season opens on July 14, 2025, and will remain open until
12:01 a.m., local time, on January 1, 2026, unless the commercial ACL
is reached or projected to be reached prior to this date. NMFS will
monitor commercial landings during the open season, and if commercial
landings reach or are projected to reach the commercial ACL, then NMFS
will file a notification with the Office of the Federal Register to
close the commercial sector for red snapper for the remainder of the
fishing year. On or after the effective date of a commercial closure
notification, all sale or purchase of red snapper is prohibited and
harvest or possession of red snapper is limited to the bag and
possession limits if recreational harvest is still allowed. This bag
and possession limit and the prohibition on sale/purchase apply in the
South Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-grouper
has been issued without regard to where such species were harvested or
possessed, i.e., in state or Federal waters. On and after the effective
date of a recreational closure notification, the bag and possession
limits for red snapper are zero. During the commercial fishing season,
the commercial trip limit is 75 lb (34 kg), gutted weight.
For the recreational sector, and consistent with the regulations in
50 CFR 622.183(b)(5), for the 2025 fishing year, the red snapper
recreational season opens at 12:01 a.m., local time, on July 11, 2025,
and closes at 12:01 a.m., local time, on July 13, 2025. During the
recreational season, the recreational bag limit is one red snapper per
person, per day. The length of the recreational fishing season serves
as the AM for the recreational sector. The length of the red snapper
recreational season is projected based on catch rate estimates from
previous years to prevent the recreational ACL from being exceeded.
After the closure of the recreational sector, the recreational bag and
possession limits for red snapper are zero.
There are no red snapper minimum or maximum size limits for the
commercial and recreational sectors during the open seasons.
Changes From the Proposed Rule
In addition to the Amendment 59 actions contained and being
implemented in this final rule, for red snapper, the amendment and
proposed rule also contained actions to revise the fishing year, the
commercial and recreational season start dates, the recreational
fishing season structure, and the commercial trip limits. The amendment
and proposed rule also contained an action to establish a snapper-
grouper discard reduction season in the South Atlantic EEZ and an
action to establish an annual experimental studies program for red
snapper. Additionally, as discussed in this final rule, subsequent to
the proposed rule, the preferred alternative for the sector ACLs was
revised.
As discussed in the proposed rule, the fishing year would have been
changed from January 1 through December 31 to May 1 through April 30.
The commercial fishing season would have changed its start date from
beginning on the second Monday in July to begin on May 1. The
recreational fishing season would have changed its start date from
beginning on the second Friday in July to begin on the second Saturday
in July in 2025 and the second Saturday in June in 2026 and beyond. For
the recreational fishing season, the proposed rule would have also
changed the recreational fishing season from consisting of a Friday,
Saturday, and Sunday to be one consisting of a Saturday and Sunday. The
proposed rule had a provision changing the recreational fishing season
weather flexibility that allows a change to the opening and closing
dates from using the threshold of tropical storm or hurricane
conditions existing to a threshold of an issued Small Craft Advisory.
The proposed rule contained an action to change the commercial trip
limit from 75 lb (34 kg), gutted weight, to a trip limit of 150 lb (68
kg), gutted weight. The proposed rule contained an action to establish
a discard reduction season for the South Atlantic snapper-grouper
recreational sector. The discard reduction season would have created an
area where no recreational fisherman could fish for, harvest, or
possess any South Atlantic snapper grouper in a specified area off the
northeast Florida coast using hook-and-line fishing gear from January 1
through February and from December 1 through December 31. Also,
Amendment 59 contained a measure to establish an annual experimental
studies program and process to support applicants to undertake research
projects to reduce red snapper discards and increase fishing
opportunities.
During the public comment period for Amendment 59, the draft EIS,
and the proposed rule, the majority of comments received opposed many
of the actions, especially all or part of the measure to establish a
discard reduction season for snapper-grouper. The preferred alternative
for the discard reduction season action proposed establishing a 3 month
closure to recreational hook-and-line fishing in Federal waters for any
species within the Snapper Grouper FMP from Cape Canaveral, Florida, to
the Florida-Georgia border.
The comments regarding the discard reduction season included issues
with unfairness of a recreational closure versus a commercial one; that
a recreational closure would cause significant economic harm to
recreational fishermen, businesses, and their communities; that a
closure as proposed would result in an effort shift to fishing inshore;
that the closure was based on inaccurate data; that NMFS should not
implement a closure without including the Council in the process; that
the closure created an unforeseen enforcement burden that was not
anticipated; that the proposed closure did not have an adequate
economic analysis of impacts; and that the closure would apply to only
one South Atlantic state and not any others. The intent of the discard
reduction season was to reduce the overall catch of snapper-grouper
species in the area and time proposed and thereby contribute to
reducing discards of red snapper specifically, and co-occurring
snapper-grouper species generally, while increasing fishing
opportunities during the red snapper fishing seasons. Currently, 20 of
the 55 managed snapper-grouper species are closed and prohibited from
harvest during a portion of, or during all of, the proposed discard
reduction area 3-month closure. The overall expected benefit of this
discard reduction season was to allow for increased ACLs because the
overall level of recreational discards would be
[[Page 24531]]
reduced, thereby allowing for increased fishing opportunities.
However, after the end of the public comment periods for the
proposed rule and Amendment 59, NMFS decided to remove these actions
from further consideration in the amendment. As discussed above, NMFS
decided to remove certain actions based on the following factors: (1)
The new red snapper stock assessment (SEDAR 90) beginning this year
that will take into account new information about the stock from the
results of the SARSRP; (2) taking into account the substantial concerns
expressed in the public comments; and (.3) providing the Council the
results of the new information from SEDAR 90 and the opportunity to
consider other management measures to reduce dead discards and increase
red snapper fishing opportunities in a future amendment. NMFS also
considered the beneficial and adverse impacts of these actions,
particularly the discard reduction season and its associated fishing
opportunities, in its decision about which actions to include in
Amendment 59 and its final rule. NMFS determined that the actions to
revise the fishing year, the commercial and recreational season start
dates, the recreational fishing season structure, and the commercial
trip limits, and the actions to establish a discard reduction season,
and establish an experimental studies program are no longer management
measures contained in Amendment 59 and are not being implemented in
this final rule.
As a result of the removal of these actions from the amendment,
specifically the removal of the discard reduction season from further
consideration, the expected reductions in recreational discards
proposed in the draft of Amendment 59 and the proposed rule will not be
achieved. All of the sector ACL alternatives considered in the draft
EIS were based on expected reductions in discards related to the
discard reduction season action and alternatives. These alternatives
would have increased the ACL from the current ACL due to the expected
reduction in discards, and consequently would have allowed for a higher
landed portion of the ACL with increased sector ACLs. However, NMFS is
no longer implementing a discard reduction season. Therefore, it was
necessary for NMFS to revise the preferred alternative in Amendment 59
for the action to revise the red snapper ACLs to include a new
alternative with sector ACLs that are slightly reduced from the status
quo. Amendment 59 now sets the total ACL equal to the ABC and does not
contain a buffer between them. The new total ACL in Amendment 59 is
509,000 fish and not 500,000 fish as was proposed. However, the new
sector ACLs are lower because NMFS is no longer implementing a discard
reduction season. NMFS determined that the elimination of a buffer
between the total ACL and ABC will provide the highest sector ACLs
possible while remaining consistent with the results of SEDAR 73 Update
Assessment (2024). In this final rule, the new commercial ACL is
102,951 lb (46,698 kg) and not 346,000 lb (156,943 kg) as was proposed,
and the recreational ACL is 22,797 fish and not 85,000 fish as was
proposed. As noted, the total ACL in this final rule is greater than
proposed because the buffer between the ABC and the total ACL is
removed to provide the greatest amount of fish to be apportioned to the
sectors, but the actual sector ACLs are less than what was proposed
given the lack of a reduction in dead discards.
As previously discussed in this final rule, this rule also contains
the announcement of the red snapper commercial season opening date and
the recreational season opening and closing dates for the 2025 fishing
year. The commercial and recreational season lengths for the 2025
fishing year are determined using the revised sector ACLs in this final
rule.
Comments and Responses
NMFS received 523 comments on the notice of availability and
proposed rule for Amendment 59. Comments were received from individuals
including Congressional representatives, several recreational
sportfishing organizations, commercial organizations, a non-
governmental organization, the Council, two Council members, and two
South Atlantic states. Most of the comments received were in one or
more of the following categories: against the actions (especially the
proposed discard reduction season); flawed science used to made
decisions in Amendment 59; inaccurate data; significant adverse social
and economic impacts and inadequate analyses; government overreach by
not following the Council process; the need to wait for more data
including the new red snapper SEDAR stock assessment, the Council's
Management Strategy Evaluation (MSE) project, the SARSRP, and the
Florida Fish and Wildlife Conservation Commission (FWC) exempted
fishing permit (EFP) processes; and consideration of different
management options.
As discussed in the Changes from the Proposed Rule section of this
final rule, subsequent to the public comment of the proposed rule and
Amendment 59, NMFS decided to remove the actions discussed above.
Because these actions have been removed and are not being implemented
in this final rule, NMFS is not responding to the public comments
specific to the removed actions as they are no longer applicable. NMFS
did receive comments from the public in general support of all of the
actions not being implemented in this final rule, but they were in the
minority of comments received.
NMFS did receive some public comments in general support of
Amendment 59 and the proposed rule and NMFS agrees with those as
appropriate given the current scope of actions.
Comments specific to the remaining actions in Amendment 59 and the
proposed rule are grouped as appropriate and summarized below, each
followed by NMFS' respective response.
Comment 1: NMFS is circumventing the Council process with Amendment
59 and will further alienate the public by implementing the amendment.
Discard reductions should instead be achieved through the Council
process. Despite the Council's ongoing efforts to end overfishing of
red snapper, NMFS has proposed action outside the Council process
solely based on the outcomes of a lawsuit settlement agreement.
Response: The Magnuson-Stevens Act requires conservation and
management measures to prevent overfishing and to end overfishing
should it occur. NMFS proposed changes to the management of red snapper
through Amendment 59 because the Council, after being notified in July
2021 that it needed to end the overfishing of red snapper, has failed
to develop and submit to the Secretary needed conservation and
management measures to end and prevent overfishing of the South
Atlantic red snapper stock. The amendment and this final rule also
respond to the latest stock assessment for red snapper, SEDAR 73 Update
Assessment (2024). NMFS is implementing these actions to end
overfishing as required by the Magnuson-Stevens Act, and as specified
by a settlement agreement between NMFS and the plaintiffs in a lawsuit
approved by a U.S. Federal District Court.
NMFS sought public input and comment in numerous ways during the
development of this amendment. NMFS published a notice of intent to
prepare an EIS on October 9, 2024, with a 30-day public comment period
(89 FR 81892). NMFS published the draft EIS on January 17, 2025, with a
45-day
[[Page 24532]]
public comment period (90 FR 5877). NMFS published the combined notice
of availability for Amendment 59 and the proposed rule on January 14,
2025, with a 60-day public comment period (90 FR 3160). In addition,
NMFS also held a series of public hearings in Florida, Georgia, South
Carolina, and North Carolina, in February and March 2025 to provide
more information to the public about the red snapper stock and to
solicit public input about the actions in Amendment 59.
As explained above, NMFS is not implementing all of the actions
described in the proposed rule. At its March 2025 meeting, the Council
decided to initiate an amendment to the Snapper-Grouper FMP to consider
options for an aggregate snapper-grouper recreational bag limit and
other possible management actions to reduce recreational dead discards.
Comment 2: In Amendment 59, NMFS should only implement Action 1 to
revise the red snapper F<INF>MSY</INF> and the overfishing definition
and not proceed with any other actions. The remainder of actions in
Amendment 59 fall under the Council's purview and should not be forced
upon the Council by NMFS. If NMFS moves forward with Action 1, the
Council is the appropriate entity to consider any further modifications
to the Snapper-Grouper FMP, including any alternative management
strategies to reduce discards of South Atlantic red snapper through the
standard and public facing amendment process.
Response: As explained above, NMFS is not implementing all of the
actions in the proposed rule, and NMFS disagrees that it should only
implement Action 1 of Amendment 59 to revise the red snapper
F<INF>MSY</INF> proxy for defining overfishing and no other actions. In
accordance with Magnuson-Stevens Act National Standard 2 (16 U.S.C.
1851(a)(2)), NMFS must also update the ABC and ACL to respond to the
most recent and best scientific information available from the most
recent stock assessment, the SEDAR 73 Update Assessment (2024). NMFS is
implementing the remaining actions in Amendment 59 with the intent to
end and prevent overfishing of red snapper, as required by the
Magnuson-Stevens Act and pursuant to a settlement agreement between
NMFS and the plaintiffs in accordance with a lawsuit approved by a U.S.
Federal District Court.
Comment 3: NMFS completed an internal stock assessment for South
Atlantic red snapper outside of the traditional SEDAR process that
allows independent expert review and public comment.
Response: As previously discussed in this final rule, the SEDAR 73
red snapper stock assessment was completed in 2021 using data through
2019, and using the Beaufort Assessment Model, which is a catch-at age
model. SEDAR 73 (2021) was part of the traditional SEDAR process that
included independent expert review and public comment. However, for
Amendment 59, NMFS determined that it was appropriate to update the
SEDAR 73 Assessment (2021) to include more recent data through 2023.
The SEDAR 73 Update Assessment (2024) used the same methods that were
used in the previous peer-reviewed stock assessment for red snapper
SEDAR 73 (2021). Given the need for Amendment 59 to be in place for the
2025 fishing season, the updated assessment was internally peer-
reviewed by NMFS Southeast Fisheries Science Center (e.g., 50 CFR
600.310(f)(3)). NMFS has determined that the SEDAR 73 Update Assessment
(2024) and the management measures in this final rule are based on the
best scientific information available, in accordance with National
Standard 2 of the Magnuson-Stevens Act.
Comment 4: Recreational data is uncertain and the estimated discard
mortality rate from the SEDAR 73 Update Assessment (2024) is severely
inflated and the stock status information and determination is based on
this uncertain data. Some of the NMFS information appears to count all
discards as dead discards, which is not correct and significantly
overstates the actual discard mortality levels. Relying on surveys or
voluntary data collection methods is not the correct way to estimate
the fishery population. Amendment 59 is based on notoriously unreliable
data from the Marine Recreational Information Program (MRIP), which
NMFS has previously estimated to be off by 30-40 percent and as being
unsuitable for management use. There is currently no reliable Federal
recreational data collection system to accurately determine how
significant red snapper recreational discards actually are.
Response: NMFS disagrees, and has determined that the SEDAR 73
Update Assessment (2024) and the management measures in this final rule
are based on the best scientific information available. The 2024
Assessment includes estimates of recreational catch, effort, and
discards. Recreational catch is estimated through a combination of
different state and Federal survey methods, including dockside
intercepts of anglers, mail surveys, and logbooks. Estimates of discard
mortality rates are based on numerous scientific studies and fishery
observer data. Both recreational red snapper catch estimates and
discard mortality rates were peer-reviewed during the SEDAR 73 red
snapper stock assessment (2021). Additionally, during the recent SEDAR
73 Update Assessment (2024), sensitivity runs were completed that
assumed recreational catch was 20 percent and 40 percent less than
current estimates of the total recreational catch. Despite these lower
estimates of catch, the results of these sensitivity runs are similar
to the base stock assessment run. Recreational data also represents
only a portion of the data used in a stock assessment. Numerous sources
of data, including but not limited to, commercial catch, fishery
independent indices, and biological information, are also used in the
red snapper stock assessments, including the SEDAR 73 Update Assessment
(2024), to determine the red snapper stock status.
The MRIP-FES method is considered more reliable by the Council's
Scientific and Statistical Committee (SSC), the Council, and NMFS and
more robust when compared to earlier MRIP survey methods. NMFS
continues to evaluate and incorporate improvements to its recreational
catch and effort data estimation processes (including MRIP). In
addition, NMFS is continuing collaborative work on alternative
approaches for data gaps caused by imprecise and outlier catch and
effort estimates.
In May 2023, NMFS developed a Fishing Effort Survey (FES) pilot
studies report that described two studies that identified potential
sources of bias in the FES. NMFS is now conducting a large scale study
to address the issues identified by the pilot study for (MRIP-FES). The
intent is to produce a public report outlining key findings and
estimate comparisons in summer 2025 followed by a facilitated peer
review of the revised design and updated calibration model, and then
determine if a new design will be able to be implemented in 2026.
Contingent on the study results and peer review, the anticipated result
of this would be to have calibrated historical effort estimates updated
to reflect outputs from the revised design in spring 2026 for use in
subsequent stock assessments and fisheries management decisions.
Comment 5: NMFS is using an inaccurate conversion of the
recreational ACL to numbers of fish. When the proposed recreational ACL
was stated in numbers (85,000 fish), it is unclear what conversion
factor NMFS has used to calculate that result. In Amendment 59, NMFS
uses a recreational average weight from 2021-
[[Page 24533]]
2023 of 11.085 lb (5.028 kg)/fish, presumably for landings. But this
does not correspond to 85,000 fish. It is unclear why NMFS will use a
hindcast weight-per-fish value from past years, when the projections
provide a forward-looking conversion value that corresponds to the
underlying quantities of fish that are being manipulated. It appears
NMFS is overstating the amount of landings--in numbers of fish--that
are available to the recreational sector.
Response: NMFS has explained above that the recreational ACL of
85,000 fish is not being implemented in this final rule, as that ACL
was connected to a discard reduction action that is no longer being
considered in Amendment 59. However, NMFS did not use the 2021-23
average recreational weight in determining the 85,000 fish recreational
ACL. As dead discards are reduced and the landed recreational ACL is
correspondingly increased, the average weight of landed catch is
estimated to decline. Thus, the estimated average weight for landed red
snapper based on an ACL of 85,000 fish is 8.840 lb (4.010 kg)/fish.
Comment 6: NMFS is inaccurately depicting the recreational landings
component of the red snapper total ACL as the landings component
(139,000 fish) appears misleading and overstates the amount of
available catch in at least two ways. The total ACL should only
represent landings and it is not accurate to say that 139,000 fish are
available to be landed, when only 71,000 of those fish are actual
``landed'' fish and the remainder are ``dead discard'' fish from the
proposed time and area closure, for which the unit weight is less than
half of a landed fish. Both sectors will be landing, as described in
Amendment 59 projections, fish with an average weight of 12.79 lb (5.80
kg)/fish for the years 2025-2027. For example, it appears that if
139,000 fish are available to be landed per year, and the average
weight of a landed fish is expected to be 12.79 lb (5.80 kg)/fish, then
around 1,778,000 lb (806,487 kg) of red snapper are available to be
landed each year. This is far in excess of the actual available amount.
Response: NMFS disagrees that the amount of fish that can be landed
is overstated in Amendment 59. If dead discards would have been reduced
by 24 percent as was initially proposed in the Amendment 59 proposed
rule, then the landed portion of the ACL would have been increased from
71,000 to 139,000 fish. Additionally, as discussed above, the average
weight of landed catch is estimated to decline as dead discards are
reduced and the landed recreational ACL is correspondingly increased.
The average weight of landed fish is not expected to be 12.79 lb (5.80
kg)/fish if less fish are discarded dead and more fish are landed. NMFS
has determined that the total ACL and the sector ACLs in this final
rule and Amendment 59 are accurately described, both in terms of landed
fish (34,000 fish) and in consideration of dead discards (475,000 fish)
and that the average fish weights used in Amendment 59 are an accurate
calculation.
Comment 7: NMFS excluded data from Florida's State Reef Fish Survey
(SRFS) in the SEDAR 73 Update Assessment (2024). Florida's SRFS is more
precise and does not rely on MRIP-FES which is flawed. Also, it is
irresponsible not to include SRFS data as 87 percent of the
recreational proportion of red snapper discards by state (2021-2023)
come from Florida.
Response: The SEDAR 73 (2021) and SEDAR 73 Update Assessment
(2024), and the management measures in this final rule are based on the
best scientific information available. The SRFS expanded to the east
coast of Florida in July 2020 and was not considered as part of the
SEDAR 73 (2021) assessment. Consequently, NMFS did not consider SRFS
data in the SEDAR 73 Update Assessment (2024) since the update followed
the same methodology used in SEDAR 73 (2021) and only updated landings
data through 2023. However, Florida's East Coast Red Snapper (ECRS)
Survey results were incorporated into both SEDAR 73 (2021) and the
SEDAR 73 Update Assessment (2024). The survey estimates landings from
the recreational sector during the red snapper season openings off
Florida.
Comment 8. The information used by NMFS in Amendment 59 is flawed
and, therefore, the resulting mortality estimates, catch limits, and
proposed regulations are not using the best scientific information
available. The stock assessment did not fully utilize current
descending device and venting practices. The amendment appears to
consider all discards as dead discards, which is not correct and
significantly overstates the actual discard mortality. This results in
inaccurate catch limits and the incorrect belief red snapper are
overfished. Yet while fishery observers did not record witnessing any
dead discards, the SEDAR 73 Update Assessment (2024) concludes the red
snapper discard mortality is at least 28 percent. The red snapper
discard mortality rate in SEDAR 73 Update Assessment (2024) is
inaccurate. The mortality estimates used to inform Amendment 59 were
determined from a model using Gulf of America information for groupers.
Response: NMFS disagrees, and has determined that the SEDAR 73
Update Assessment (2024) is the best scientific information available,
and includes data through 2023. When estimating dead discard mortality
rates, the stock assessment incorporates changes in fishing gear types
used and the increasing use of descending devices over time. Evaluation
of the red snapper stock status relies on the mortality associated with
both landed catch and dead discards, and there are clear distinctions
between discarded fish that survive or fish that die from release. The
discard mortality rates for South Atlantic red snapper used in South
Atlantic red snapper stock assessments, including the SEDAR 73 Update
Assessment (2024), are based on studies and research conducted in the
South Atlantic, and are not based on a model that was developed for
Gulf of America groupers.
Comment 9: NMFS should not take action through Amendment 59 until
updated research and more reliable information through the new red
snapper stock assessment, the MSE, the South Atlantic Great Red Snapper
Count, and the FWC EFP processes are completed. The EFPs could also
provide improved discard mortality data, enhanced effort assessments,
and alternative management strategies that may allow for less
restrictive regulations to be implemented. Waiting for the results of
these actions will also present a clearer picture of red snapper stock
health and confirm the condition of the population status.
Response: NMFS has explained previously why five of the eight
actions proposed in the draft EIS for Amendment 59 are no longer being
considered, and why the three remaining actions are being implemented
in this final rule. NMFS acknowledges the multiple future sources of
potential additional data and information and expects the results of
these experimental projects, plus the congressionally-funded SARSRP,
and other surveys to provide valuable insights into ways to improve
management of red snapper and all snapper-grouper species. However,
these studies will not be completed by June 6, 2025. NMFS must end the
overfishing of red snapper and submit this final rule to end the
overfishing to the Federal Register by June 6, 2025, due to a court
settlement. In addition, NMFS was able to update the most recent red
snapper assessment in 2024 and the assessment and the current
rulemaking are based on the best scientific information available.
[[Page 24534]]
In 2024, NMFS provided funding support for 5 research projects, of
which 3 were FWC EFPs, which aim to identify and test new strategies to
improve the status of red snapper and test innovative ways to increase
fishing opportunities in the snapper-grouper fishery. The SARSRP
project is being done in collaboration with several university
scientists, NMFS, and state fisheries agencies from North Carolina,
South Carolina, Georgia, and Florida. The program will provide two
different types of abundance estimates that are being investigated for
optimal use within the next South Atlantic red snapper stock
assessment. In addition, the first round of the Council's MSE process
is complete and the Council is continuing development of an MSE for the
snapper-grouper fishery to evaluate management alternatives.
Comment 10: Removing the designation that red snapper is undergoing
overfishing while at the same time prohibiting access to the stock is
counterintuitive. Because the red snapper population is rebuilding,
NMFS should redefine overfishing to exclude when the stock is clearly
recovering in the recreational sector. The proposed MSY proxy change is
improper and counter to the Council's SSC advice. The proposed revision
to the MSY proxy is unclear, violates statutory rebuilding requirements
under the Magnuson-Stevens Act, and artificially ends overfishing of
the red snapper stock.
Response: NMFS disagrees. The National Standard 1 guidelines
discuss overfishing and note that overfishing occurs whenever a stock
or stock complex is subjected to a level of fishing mortality or total
catch that jeopardizes the capacity of a stock or stock complex to
produce MSY on a continuing basis. Amendment 59 proposes to revise the
red snapper overfishing proxy to a more flexible definition that
reflects the best scientific information available. Amendment 59 will
specify the F<INF>MSY</INF> proxy as the fishing mortality rate
consistent with maintaining the existing rebuilding plan adopted in
Amendment 17A to the Snapper-Grouper FMP (75 FR 76874, December 9,
2010). Projection results from the SEDAR 73 Update Assessment (2024)
indicate this level of fishing mortality combined with recent, above-
average recruitment will keep the stock on track to rebuild, thus not
jeopardizing the stock's ability to rebuild and produce MSY.
Since implementing the rebuilding plan for red snapper in 2010,
fishing mortality has exceeded the Council's recommended maximum
fishing mortality threshold (MFMT) of
F<INF>30</INF><not-eq><INF>SPR</INF> in every year except one (2013).
Despite MFMT being exceeded, the stock is rebuilding on schedule, and
in fact is slightly ahead of schedule. Spawning stock biomass (SSB) in
2024 was at 78 percent of the SSB associated with achieving MSY,
whereas the Amendment 17A rebuilding plan predicted SSB to be at 74
percent in 2024. Although NMFS has determined that the stock is no
longer undergoing overfishing, it is not yet rebuilt and will continue
to be managed subject to its rebuilding plan, and new management
measures should not create additional risk of achieving the rebuilding
timeline.
Comment 11: Setting the MSY proxy at F<INF>2021-2023</INF> will
enshrine overfishing and the proposed MSY proxy will need to be changed
in a few years.
Response: The MSY proxy for overfishing is not
F<INF>2021-2023</INF>, but rather the fishing mortality consistent with
maintaining rebuilding the stock under the existing rebuilding plan
adopted in Amendment 17A to the Snapper-Grouper FMP. NMFS has clarified
how the proxy is described in Amendment 59 to address this comment.
Specifying the MSY proxy as the fishing mortality consistent with
maintaining the existing rebuilding plan will not enshrine overfishing.
Rather, this level of fishing mortality allows for continued rebuilding
progress consistent with achieving MSY. The definition of the
overfishing proxy also provides flexibility and can be changed in the
future based on the availability of new data that is also the best
scientific information available. As stated in Amendment 59, this proxy
will be used until at least the next red snapper assessment is
completed in 2026.
Comment 12: The MSY proxy must be adjusted after these red snapper
current productive juvenile-year classes mature in a few years. The
SEDAR 73 Update Assessment (2024) states that under the proposed
scenario, the stock will never rebuild to the target biomass proxy if
recruitment does not remain optimistically high. The Council's SSC
determined that there is no apparent stock-recruitment relationship,
and there is not the ability to predict future recruitment, indicating
that there is a high degree of uncertainty in any assumption made
regarding future recruitment.
Response: The average recruitment for South Atlantic red snapper in
the last 10 years has been substantially higher than long-term average
recruitment, and the short-term projections through 2028 indicate the
stock will continue to rebuild consistent with the Amendment 17A
rebuilding plan. If recruitment increases or decreases in the future,
NMFS, with the advice of the Council will have the flexibility to
modify the overfishing limit as necessary, and the relevant ABC and
ACLs may be revised to ensure overfishing is prevented and stock
rebuilding remains on schedule. Despite the high degree of recruitment
uncertainty as noted in the comment, red snapper have been very
resilient and experienced very high levels of recruits entering the
fishery in recent years. This has reinforced the size of the stock and
led to the stock no longer being classified as overfished, though not
yet rebuilt.
Comment 13: Amendment 59 and the proposed rule is unclear on the
distinction between Fcurrent and F<INF>2021-2023</INF>, yet both are
flawed. Amendment 59 and the proposed rule's language suggests that
Fcurrent is interchangeable with F<INF>2021-2023</INF> and should be
revised to clarify this distinction.
Response: NMFS clarified the language in Amendment 59 and this
final rule regarding usage of Fcurrent and F<INF>2021-2023</INF>. As
clarified, Fcurrent from the SEDAR 73 Update Assessment (2024) is the
most recent 3-year average fishing mortality rate and is equivalent to
F<INF>2021-2023</INF>. Amendment 59 specifies the F<INF>MSY</INF> proxy
as the fishing mortality rate consistent with maintaining the existing
rebuilding plan adopted in Amendment 17A to the Snapper-Grouper FMP,
which corresponds with current fishing mortality rates. It is a
flexible definition that can be changed over time as new science
becomes available, as long as it is determined to be the best
scientific information available.
Comment 14: Are the red snapper landed from Florida state waters
counted in the red snapper ABC as described in Amendment 59?
Response: Florida has both commercial and recreational fishing for
red snapper in its state waters. Landings caught in Florida state
waters off the east coast of Florida were included in the SEDAR 73
Update Assessment (2024) for determining the new ABC.
Comment 15: No other South Atlantic fishery separates landed fish
versus those fish assumed to be discarded dead to propose establishing
a de facto ACL for red snapper for each estimated removal component is
unprecedented, inherently difficult, and inappropriate. Discard
estimates are an estimate of an estimate, and with the current
challenges of MRIP to accurately estimate landed catch currently being
investigated by NMFS, applying a catch limit for discards that are
estimated from MRIP information will produce an
[[Page 24535]]
ACL value with exceptionally low confidence and subject to large
variability. The ABC for South Atlantic red snapper should continue to
be set in a singular whole number. In Amendment 59, NMFS has taken a
new and different approach in setting the ACLs and decided that
discards, which are self-reported and unvalidated, should be included
with landed fish as part of the ACL. NMFS has only applied this method
for including discards as part of the ACL for South Atlantic red
snapper.
Response: NMFS is not proposing to establish a de facto red snapper
ACL for both landings and dead discards, particularly for the sector
ACLs. Amendment 59 establishes an ABC that is expressed in terms of
total catch. The Magnuson-Stevens Act National Standard 1 Guidelines
allow an ABC to be expressed in terms of catch, and provide that ACLs
cannot exceed the ABC. Although it is correct that no other South
Atlantic fisheries include total removals when setting ACLs, this is an
approach NMFS uses in other U.S. regions and which allows NMFS and
stakeholders an opportunity to better understand the tradeoffs between
reducing dead discards and increases in the ACL. Amendment 59 specifies
an ACL in total catch (landings and discards), but as with other
Snapper Grouper FMP species, this final rule specifies only the
sector's landed ACL for management purposes and in the regulatory text
of this final rule.
Comment 16: NMFS should propose different ACLs. Both the commercial
and recreational sectors are in need of increased ACLs to improve
access to red snapper. The proposed ACL increases are too large and can
only occur if accompanied by the snapper-grouper discard reduction
season that was proposed.
Response: NMFS has developed a new preferred ACL alternative in
Amendment 59 that is being implemented in this final rule. The proposed
rule contained eight actions, and NMFS removed five actions from
further consideration that were in the proposed rule, draft amendment,
and draft EIS, including the action that would have implemented a
discard reduction season (see Changes from the Proposed Rule).
Subsequent to the end of the public comment periods, NMFS added a new
preferred ACL alternative to Action 3 in Amendment 59 that was not in
the draft EIS or proposed rule. The new ACL alternative is also based
on the results of the SEDAR 73 Update Assessment (2024), but is not
dependent on a specific reduction in the level of dead discards, as was
expected to have resulted from the proposed snapper-grouper discard
reduction season action. The new ACL preferred alternative sets the
total ACL for red snapper equal to the ABC of 509,000 fish. The total
ACL of 509,000 fish includes 34,000 fish (landings) and 475,000 fish
(dead discards). Retaining the current red snapper sector allocation
percentages of 28.07 percent for the commercial sector and 71.93
percent for the recreational sector, the new commercial ACL is 102,951
lb (46,698 kg), and the recreational ACL is 22,797 fish (equivalent to
263,815 lb (119,664 kg)).
The most recent stock assessment for red snapper is the SEDAR 73
Update Assessment (2024), using data through 2023, indicated that the
South Atlantic red snapper stock was not overfished and overfishing was
occurring, but that the stock was rebuilding (though not yet rebuilt).
Despite the overfishing determination, the assessment indicated
substantial increases in stock abundance and recruitment, as well as
total biomass and spawning biomass. In Amendment 59, for red snapper
NMFS is modifying the OFL, ABC, and the total, commercial, and
recreational ACLs in response to the latest stock assessment.
Comment 17: In the regulatory text of the Amendment 59 proposed
rule, only the red snapper sector ACLs are codified and the total ACL
is not. The proposed rule's regulatory text provides management
measures (such as, a seasonal closure) intended to create
accountability to the sector ACLs, but there are no measures serving to
create accountability or constrain catch to the total ACL. Given this,
in Amendment 59 the total ACL cannot be considered as an ACL as defined
at 16 U.S.C. 1853(a)(15). To be consistent with the statute, the total
ACL will have to function as a limit on catch but in Amendment 59 it
does not. If NMFS intends the total ACL to actually be an ACL within
the meaning of the statute, then specific management measures need to
be in place to ensure total catch (landings and dead discards combined)
does not exceed the total ACL. If NMFS does not intend the total ACL to
be an ACL within the meaning of the statute, then NMFS should
explicitly state that and rename the value since referring to it as an
ACL is incorrect and creates confusion.
Response: NMFS disagrees that the total ACL as described in this
final rule and Amendment 59 should not be referred to as an ACL and
that the red snapper ACLs do not serve as a measure to constrain the
catch. While the total ACL of 509,000 fish represents both landed catch
(34,000 fish) and dead discards (475,000 fish), the sector ACLs only
represent landed catch. In-season monitoring of the sectors is based on
landed catch and any in-season closure or length of a sector's fishing
season is based on landings and not the discard estimates that are
included as part of the total ACL and ABC. Each sector has an ACL
representing landed catch and each sector's AM serves to constrain
catch to their respective ACL. In addition, while 16 U.S.C. 1853(a)(15)
requires the establishment of ACLs to prevent overfishing and ensure
accountability, this provision does not preclude the use of sector ACLs
to ensure these requirements.
Comment 18: In 2024, reduction of the red snapper recreational
fishing season to a single day created serious safety concerns on the
water, as highlighted by both the Florida Fish and Wildlife Commission
and the U.S. Coast Guard comments to the Council after the season about
safety concerns with the 1-day season.
Response: NMFS is aware of public comments to the Council regarding
concerns about a short recreational fishing season for red snapper. As
discussed previously in this final rule, the length of the recreational
season serves as the AM for the sector. NMFS determines the length of
the recreational season based on the revised recreational ACL in this
final rule and when it is projected to be met. Also, NMFS may modify
the opening and closing dates of the fishing season if tropical storm
or hurricane conditions exist, or are projected to exist, in the South
Atlantic, during a commercial or recreational fishing season.
NMFS notes that the decision of whether a not a vessel trip should
be taken, based on weather conditions, vessel condition, or other
factors, is ultimately the decision of the vessel operator. No vessel
will be forced to participate in any South Atlantic fisheries under
weather or ocean conditions an operator determines to be unsuitable as
a result of the management regulations as contained in Amendment 59 or
this final rule.
Comment 19: Saltwater commercial and recreational fishing
contribute billions of dollars annually to Florida's economy and
Amendment 59 and the proposed rule will dramatically reduce business
activity associated with fishing and tourism and affect millions of
dollars in revenue for the State of Florida.
Response: NMFS understands that the actions considered in the draft
EIS for Amendment 59 and the proposed rule, namely the recreational
discard reduction season and closed area, would
[[Page 24536]]
have had the potential to reduce commercial and for-hire business
revenue and business activity in nearshore Florida communities, and as
a result, reduce the sales and revenue generated for the state of
Florida. However, this final rule will not implement a discard
reduction season and closed area for the recreational sector. This
final rule will reduce the red snapper commercial and recreational
ACLs; however, the economic effects are expected to be much lower than
those associated with the proposed rule and will likely not have a
substantial impact on revenue for the state of Florida or the solvency
of individual businesses.
Comment 20: Headboat businesses will not increase prices to
individuals for a headboat trip or generate additional revenue as a
result of a longer recreational fishing season for red snapper and so
the benefits of the proposed red snapper recreational ACL are inflated
and should not be used to offset the costs of the discard reduction
season and closed area that was contained in the proposed rule.
Response: In Amendment 59, NMFS presented lower and upper bound net
economic benefit estimates that reflected the uncertainty in how demand
for headboat trips and resultant net revenue will change. NMFS assumes
the true change in headboat trips and net revenue will likely fall
somewhere between the lower and upper bound estimates, based on the
highly prized nature of red snapper. This final rule will no longer
implement a discard reduction season and closed area, nor will it
increase the red snapper recreational ACL; however, NMFS has considered
the range of potential economic effects that the new, lower
recreational ACL will have on headboat businesses in Amendment 59 and
presented the upper bound cost estimate in the Classification section
of this final rule.
Classification
Pursuant to section 305(c)(7) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with Amendment 59, the Snapper-Grouper FMP, other provisions
of the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an Executive
Order 14192 regulatory action because this action is not significant
under Executive Order 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
A final regulatory flexibility analysis (FRFA) was prepared, as
required by section 604 of the RFA (5 U.S.C. 604). The FRFA
incorporates the initial regulatory flexibility analysis (IRFA), a
summary of the significant issues raised by the public comments in
response to the IRFA, and NMFS responses to those comments, and a
summary of the analyses completed to support the action. A copy of this
analysis is available from NMFS (see ADDRESSES). A summary of the FRFA
follows. All monetary estimates in the following analysis are in 2023
dollars.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
Public comments specific to the IRFA were received by NMFS. These
comments contested that NMFS failed to include the economic impacts on
recreational anglers and shoreside fishing support businesses in the
IRFA, and thus violated the RFA. NMFS acknowledges that the proposed
red snapper recreational discard reduction season and closed area would
be impactful to these groups; however, NMFS disagrees that their
exclusion from the IRFA violates the RFA. The RFA requires NMFS to
describe the impact of the proposed rule on small entities (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, so they are outside the scope of such analysis.
Additionally, the RFA and NMFS guidance require an IRFA to address the
effects of a proposed rule only on entities subject to the regulation
(i.e., entities to which the rule will directly apply) and not on all
entities that are affected by the regulation (i.e., entities to which
the rule will indirectly apply). NMFS agrees that it is prudent to
consider Amendment 59's impacts on recreational anglers and indirectly
affected businesses. The analyses conducted in Amendment 59 to satisfy
the National Environmental Policy Act and the Magnuson-Stevens Act
requirements and in the Regulatory Impact Review to satisfy the
requirements of Executive Order 12866 provide such consideration by
detailing the expected economic effects on recreational anglers
resulting from Amendment 59. However, NMFS agrees, as suggested by
public comments, that these documents would have benefited from a more
thorough discussion of the impacts to local fishing support businesses
and regional business activity, to the extent practicable. Partially
based on a review of the comments specific to the IRFA and other
general public comments (see SUPPLEMENTARY INFORMATION section), NMFS
decided to remove the actions for red snapper to revise the fishing
year, the commercial and recreational season start dates, the
recreational fishing season structure, and the commercial trip limits,
and for snapper-grouper to establish a recreational discard reduction
season from further consideration in the amendment and this final rule.
No comments were received from the Office of Advocacy for the Small
Business Administration.
This final rule decreases the South Atlantic red snapper commercial
and recreational landed-catch ACLs based on the new total ACL of
509,000 fish set in Amendment 59 (34,000 fish as landings and 475,000
fish as dead discards) using existing sector allocations. The
commercial ACL will be reduced from 124,815 lb (56,615 kg) to 102,951
lb (46,698 kg) and the recreational ACL will be reduced from 29,656
fish to 22,797 fish. This rule will apply to all commercial fishing
businesses, recreational fishers (anglers), and for-hire fishing
businesses (charter vessels and headboats) that fish for red snapper in
Federal waters of the South Atlantic. None of the measures in this
final rule will directly apply to federally-permitted dealers. Any
change in the supply of red snapper available for purchase by dealers
as a result of this final rule, and associated economic effects, would
be an indirect effect of this final 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
[[Page 24537]]
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, NMFS assumes 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 regulatory action. Thus, this analysis assumes that
660 commercial fishing businesses will be regulated by this final rule.
This final rule will also regulate and directly affect recreational
anglers and for-hire fishing businesses. Again, 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, NMFS assumes 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
final 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 final 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 final 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 assumes that no such businesses earned in excess of $14 million.
Based on this information, all for-hire fishing businesses regulated by
this final rule are determined to be small businesses for the purpose
of this analysis.
On average from 2019 through 2023, there were 192 federally-
permitted commercial vessels with reported landings of red snapper in
the South Atlantic. Their average annual vessel-level gross revenue
from all species for 2019 through 2023 was $70,028 and red snapper
accounted for approximately six percent of this revenue. For commercial
vessels that harvest red snapper in the South Atlantic, NMFS estimates
that economic profits are approximately eight percent of annual gross
revenue, on average, or $5,602 per vessel per year. This final rule
will reduce the commercial ACL from 124,815 lb (56,615 kg) to 102,951
lb (46,698 kg). This is expected to reduce commercial landings by
21,864 lb (9,917 kg) per year, worth an estimated $136,896. Average
annual gross revenue and economic profits per affected commercial
fishing business are expected to decrease by approximately one percent
or $713 and $57, respectively.
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 final rule will reduce the recreational
ACL from 29,656 fish to 22,797 fish. If current relative sector usage
persists, the decrease of 6,859 fish to the red snapper recreational
ACL is expected to decrease the number of targeted for-hire angler
trips. In the long-term, 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 decrease in directed red snapper
recreational angler trips is expected to decrease net revenue for
charter vessels and headboats by up to $31,574 and $37,048,
respectively, per year on average. The estimates will depend on how
many fewer for-hire trips are booked as a result of the decreased red
snapper recreational ACL and corresponding recreational fishing season
length. Given that there are approximately 2,059 for-hire fishing
businesses that are eligible to recreationally harvest South Atlantic
red snapper each year and 61 of those are considered headboat
businesses, the average decrease in annual net revenue per charter and
headboat business is approximately $16 and $607, 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 greater than presented here.
Four alternatives, including the status quo, were considered for
the action to specify a total red snapper ACL of 509,000 fish, with a
commercial ACL of 102,951 lb (46,698 kg) and a recreational ACL of
22,797 fish.
[[Page 24538]]
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 approximately $1.23 million more total ex-vessel revenue
for the commercial sector and approximately $412,000 more total net
revenue for the for-hire component of the recreational sector compared
to the ACLs specified in this final rule. This alternative was not
selected because, although it would increase red snapper ACLs and
harvest opportunities relative to this final rule, it would require a
16 percent reduction in dead discards. Specific discard reduction
seasons for all snapper grouper species were considered for the
recreational sector at the proposed rule stage to achieve this red
snapper discard reduction; however, because new stock assessment
information will be available soon, and taking the substantial concerns
expressed in the public comments into account, NMFS decided to remove
discard reductions seasons from further consideration. This will afford
the Council another opportunity to consider other management measures
to reduce dead discards and increase red snapper fishing opportunities
in a future amendment.
The third alternative would have reduced dead discards 24 percent
from the baseline and used this discard reduction achievement to
increase the total ACL to 500,000 fish. The commercial and recreational
South Atlantic red snapper sector ACLs would equal 346,000 lb (156,943
kg) and 85,000 fish respectively. The third alternative would have
resulted in approximately $1.5 million more total ex-vessel revenue for
the commercial sector and approximately $622,000 more total net revenue
for the for-hire component of the recreational sector compared to the
ACLs specified in this final rule. This alternative was not selected
because, although it would increase red snapper ACLs and harvest
opportunities relative to this final rule, it would require a 24
percent reduction in dead discards. Specific discard reduction seasons
for all snapper grouper species were considered for the recreational
sector at the proposed rule stage to achieve this red snapper discard
reduction; however, because new stock assessment information will be
available soon, and taking the substantial concerns expressed in the
public comments into account, NMFS decided to remove discard reductions
seasons from further consideration. This will afford the Council
another opportunity to consider other management measures to reduce
dead discards and increase red snapper fishing opportunities in a
future amendment.
The fourth 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. The third alternative would have
resulted in approximately $1.8 million more total ex-vessel revenue for
the commercial sector and approximately $822,000 more total net revenue
for the for-hire component of the recreational sector compared to the
ACLs specified in this final rule. This alternative was not selected
because, although it would increase red snapper ACLs and harvest
opportunities relative to this final rule, it would require a 32
percent reduction in dead discards. Specific discard reduction seasons
for all snapper grouper species were considered for the recreational
sector at the proposed rule stage to achieve this red snapper discard
reduction; however, because new stock assessment information will be
available soon, and taking the substantial concerns expressed in the
public comments into account, NMFS decided to remove discard reductions
seasons from further consideration. This will afford the Council
another opportunity to consider other management measures to reduce
dead discards and increase red snapper fishing opportunities in a
future amendment.
NMFS notes that this final rule will announce the red snapper
commercial season opening date and the recreational season opening and
closing dates for the 2025 fishing year (see DATES) in accordance with
the new commercial and recreational ACLs specified in this final rule.
The economic effects of the reduction in sector ACLs on small entities,
which will be realized through the commercial and recreational fishing
seasons, are described earlier and no additional economic effects are
anticipated as a result of this component of the final rule.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency will publish
one or more guides to assist small entities in complying with the rule
and will designate such publications as ``small entity compliance
guides.'' The agency will explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a fishery bulletin to permit holders that also
serves as a small entity compliance guide was prepared. This final rule
and the guide (i.e., bulletin) will be available on the Southeast
Regional Office website (see ADDRESSES). Hard copies of the guide and
this final rule will be available upon request (see ADDRESSES).
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting or recordkeeping compliance
requirements are introduced in this final rule.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Recreational, Red snapper, Snapper-
grouper, South Atlantic.
Dated: June 6, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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. 622.193, revise paragraph (y) to read as follows:
[[Page 24539]]
Sec. 622.193 Annual catch limits (ACLs) and accountability measures
(AMs).
* * * * *
(y) Red snapper--(1) Commercial sector. The commercial ACL for red
snapper is 102,951 lb (46,698 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.
(2) Recreational sector. The recreational ACL for red snapper is
22,797 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. 2025-10561 Filed 6-6-25; 4:15 pm]
BILLING CODE 3510-22-P
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