Proposed Rule2026-07901
Fisheries of the Caribbean, Gulf of America, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Regulatory Amendment 36
Primary source
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Published
April 23, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS seeks public comment on proposed regulations to implement Regulatory Amendment 36 under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic (Snapper-Grouper FMP). This proposed rule would revise the recreational vessel limits for gag and black grouper. Additionally, this proposed rule would revise the transit storage requirements for commercial on-demand, also known as ropeless, black sea bass pots. The purpose of these regulatory changes is to increase biological benefits to the gag and black grouper stocks, and to allow more practical transit of vessels through certain gear restricted areas with on-demand black sea bass pots on board consistent with mandates in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Full Text
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<title>Federal Register, Volume 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Proposed Rules]
[Pages 21775-21779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07901]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 260420-0106]
RIN 0648-BN69
Fisheries of the Caribbean, Gulf of America, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Regulatory Amendment 36
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS seeks public comment on proposed regulations to implement
Regulatory Amendment 36 under the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic (Snapper-Grouper FMP).
This proposed rule would revise the recreational vessel limits for gag
and black grouper. Additionally, this proposed rule would revise the
transit storage requirements for commercial on-demand, also known as
ropeless, black sea bass pots. The purpose of these regulatory changes
is to increase biological benefits to the gag and black grouper stocks,
and to allow more practical transit of vessels through certain gear
restricted areas with on-demand black sea bass pots on board consistent
with mandates in the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Written comments must be received on or before May 26, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0339">https://www.regulations.gov/docket/NOAA-NMFS-2025-0339</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0339, by
either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-0339 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 Rick DeVictor, NMFS,
Southeast Regional Office, Sustainable Fisheries Division, 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
will 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.
An electronic copy of Regulatory Amendment 36, which includes a
fishery impact statement and a regulatory impact review, may be
obtained from the Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/regulatory-amendment-36-fishery-management-plan-snapper-grouper-fishery-south-atlantic">https://www.fisheries.noaa.gov/action/regulatory-amendment-36-fishery-management-plan-snapper-grouper-fishery-south-atlantic</a>.
The unique identification number for the environmental review for
Regulatory Amendment 36 is: NOAA-NMFS-2025-0339.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#502239333b7e3435263933243f22103e3f31317e373f26"><span class="__cf_email__" data-cfemail="f4869d979fda9091829d97809b86b49a9b9595da939b82">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS, in collaboration with the South
Atlantic Fishery Management Council (Council), manages the South
Atlantic snapper-grouper fishery, which includes gag, black grouper,
and black sea bass, in Federal waters under the Snapper-Grouper FMP.
The Snapper-Grouper FMP was prepared by NMFS and the Council, and is
implemented by NMFS through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
The Magnuson-Stevens Act requires that NMFS and regional fishery
management councils prevent overfishing and continually achieve the
optimum yield from federally managed fish stocks. These mandates are
intended to ensure that fishery resources are managed for the greatest
overall benefit to the Nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems. To further this goal, the Magnuson-Stevens Act also
requires fishery managers to minimize bycatch
[[Page 21776]]
and bycatch mortality to the extent practicable.
This action is proposed under the statutory authority of the
Magnuson-Stevens Act, section 303(a)(1) as necessary and appropriate
for the conservation and management of the fishery to prevent
overfishing and rebuild overfished stocks, and to promote the long-term
health and stability of the fishery.
Background
Amendment 53 to the Snapper-Grouper FMP and its implementing final
rule established vessel limits for gag and black grouper in the private
and the charter vessel and headboat (for-hire) components of the
recreational sector (88 FR 65135, September 21, 2023). Amendment 53
responded to the most recent stock assessment for South Atlantic gag,
Southeast Data, Assessment, and Review (SEDAR) 71 (2021). Based on the
results of SEDAR 71, NMFS determined that the South Atlantic gag stock
is overfished and undergoing overfishing. Given the substantial
reduction in harvest that was needed to end overfishing of gag
immediately and to increase the likelihood of rebuilding the gag stock,
the Council recommended recreational vessel limits for gag in Amendment
53. The purpose of establishing recreational vessel limits for gag was
to continue to allow some level of recreational retention while helping
to constrain harvest to the reduced recreational annual catch limit
(ACL). Because of their similar appearance, gag and black grouper are
misidentified by recreational fishermen. Because of this
misidentification issue and the need to greatly reduce the harvest of
gag to end overfishing and rebuild the stock, the Council also
recommended recreational vessel limits for black grouper to indirectly
benefit gag.
Specifically, Amendment 53 recommended and its implementing final
rule established a private recreational vessel limit for gag of two
fish per vessel per day and a private recreational vessel limit for
black grouper of two fish per vessel per day, not to exceed the daily
recreational bag limit of one fish per person per day, whichever is
more restrictive. For recreational for-hire vessels, Amendment 53
recommended and the final rule established similar separate vessel
limits for gag and black grouper of two fish per vessel per trip, not
to exceed the daily bag limit of one fish per person per day, whichever
is more restrictive.
After NMFS implemented the final rule for Amendment 53, the Council
expressed interest in revising these regulations to establish an
aggregate vessel limit of two gag or black grouper in any combination,
rather than the separate, species-specific limits of two gag and two
black grouper per vessel, which could be up to four fish in total. The
Council determined that the aggregate vessel limits recommended in
Regulatory Amendment 36 would provide further biological benefits when
compared to the species-specific vessel limits for gag and black
grouper contained in Amendment 53. NMFS has evaluated the
recommendations transmitted by the Council and concluded, pending
review of public comment, that this proposed regulatory change could
have beneficial biological effects to the gag and black grouper stocks
if it results in reduced landings, and it could reduce the rebuilding
time for the gag stock. The gag stock is currently in a rebuilding plan
established through Amendment 53 and is expected to be rebuilt by 2032.
If implemented, Regulatory Amendment 36 and this proposed rule
would also revise the transit provisions in marine protected areas
(MPAs) and spawning special management zones (spawning SMZs) for
commercial fishermen with snapper-grouper species and on-demand, or
ropeless, black sea bass pots on board. Traditional black sea bass pot
fishing gear includes rope attached to the pot and vertical end lines
that stay in the water column connected to surface buoys while the gear
is deployed, presenting an entanglement risk to protected marine
species such as North Atlantic right whales. Both traditional roped and
on-demand gear currently in use must comply with the same requirements
for black sea bass pots (same dimensions, mesh size, escape panels,
etc.), and pots equipped with on-demand gear are fished the same way as
roped pots in terms of soak times, bait, etc. On-demand types of sea
bass pot gear differ from roped gear by storing buoys and their
retrieval devices at depth, being deployed into the water column only
when fishermen are present to retrieve the gear. Further adoption of
on-demand gear by commercial black sea bass fishermen using sea bass
pots would be expected to lower the probability of negative
interactions with protected marine species that may be vulnerable to
entanglement in black sea bass pots with traditional roped gear.
Commercial fishery participants can obtain Federal permits to catch
and sell certain species and endorsements authorizing them to use
particular gear. Many participants use the Federal commercial vessel
permit for snapper-grouper unlimited to catch a variety of species.
Currently, only commercial fishermen with a black sea bass pot
endorsement to that permit may fish for black sea bass using sea bass
pots in the Federal waters of the South Atlantic. There are MPAs and
spawning SMZs in South Atlantic Federal waters where commercial
fishermen may not fish for, harvest, or possess species in the snapper-
grouper fishery management unit. However, existing regulations allow
commercial fishermen to possess snapper-grouper species while in
transit through an MPA or spawning SMZ with a black sea bass pot on
board and with fishing gear appropriately stowed, requiring that the
black sea bass pots are not baited, and all buoys must be disconnected
from the gear but may remain on deck. However, commercial fishermen
that use on-demand black sea bass pots have stated that the buoys
attached to the pots are more difficult to disconnect from on-demand
gear than from traditional roped gear, which makes compliance with the
transit requirements more burdensome. Therefore, to better accommodate
commercial snapper-grouper fishermen with on-demand gear on their
vessels while promoting potentially positive benefits to protected
marine species through the use of on-demand black sea bass pots, the
Council developed Regulatory Amendment 36 to allow buoys to remain
connected to on-demand black sea bass pot gear when vessels transit
through MPAs and spawning SMZs if on-demand black sea bass pots are not
baited. After an initial review, NMFS concurs that this proposed
regulatory change could result in the stated benefits pending
additional review of public comment.
Management Measures Contained in This Proposed Rule
NMFS seeks public comment on the following management measures in
this proposed rule.
Gag and Black Grouper Recreational Vessel Limits
If implemented by NMFS, this proposed rule would reduce the current
recreational vessel limits for gag and black grouper as described
earlier and shown in table 1. This proposed rule would establish
aggregate vessel limits of two fish of gag or black grouper in any
combination on a per day basis for fishermen on private recreational
vessels and on a per trip basis for fishermen on recreational for-hire
vessels. These regulatory changes could have beneficial biological
effects on the gag and black grouper stocks and could reduce the
rebuilding time for the gag
[[Page 21777]]
stock if they reduce landings of gag and black grouper.
Table 1--Current and Proposed Bag and Vessel Limits by Recreational Component of Gag or Black Grouper
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Recreational harvest of gag or black grouper
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Current limits Proposed limits
Recreational component -------------------------------------------------------------------------------
Bag limit per Vessel limit with Bag limit per Vessel limit with
angler 2 or more anglers angler 2 or more anglers
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Private......................... 1 total per day... 2 of each species 1 total per day... 2 total per day.
per day; 4 total.
For-hire........................ 1 total per day... 2 of each species 1 total per day... 2 total per trip.
per trip; 4 total.
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Note: The current and proposed vessel limits apply only if there are two or more anglers on the vessel.
As shown in table 1, the proposed changes to the vessel limits
would not affect the current recreational bag limits for gag and black
grouper. The recreational bag limit is one gag or black grouper per
person per day on private vessels and on for-hire vessels. In the same
manner as the current regulations, the more restrictive of either the
proposed bag limits or vessel limits would apply to the retention and
landing of recreationally harvested gag and black grouper. For example,
if three anglers are fishing on a private recreational vessel, the
maximum number of gag and black grouper combined that may be on the
vessel and landed would be two per day. In another example, if only one
angler is fishing on a private recreational vessel, the maximum number
of either gag or black grouper that may be on the vessel and landed
would continue to be one total per day.
Transiting With On-Demand Gear
This proposed rule would revise the transit provisions in MPAs and
spawning SMZs for commercial fishermen with snapper-grouper species and
on-demand black sea bass pots on a vessel. Transit means direct, non-
stop progression through an MPA or spawning SMZ. Currently, fishermen
may possess snapper-grouper species while in transit through an MPA or
spawning SMZ with on-demand (ropeless) or traditional (roped) black sea
bass pots on board if such fishing gear is appropriately stowed.
Fishing gear appropriately stowed currently means black sea bass pots
are not baited and all buoys must be disconnected from the gear but may
remain on deck. This proposed rule would modify the definition of
fishing gear appropriately stowed to allow a vessel to transit through
an MPA or spawning SMZ with buoys connected to on-demand black sea bass
pot gear if the on-demand black sea bass pots are not baited. On-demand
black sea bass pot fishermen have stated that buoys are more difficult
to disconnect from on-demand pots than from traditional pots.
Therefore, NMFS expects this proposed action to reduce the burden on
fishermen transiting through MPAs and spawning SMZs with on-demand
black sea bass pots and snapper-grouper species on the vessel. Current
transit and stowage regulations would still apply to traditional roped
pots; that is, buoys would still need to be removed from traditional
roped pots when transiting through an MPA or spawning SMZ, even if
those pots are on the same vessel with on-demand pots. Also, this
proposed action would not change regulations for transit through two
nearshore areas that are seasonally closed to commercial fishing with
black sea bass pots in November and April, and from December through
March (50 CFR 622.183(b)(6)(i) and (ii)).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Regulatory Amendment 36, the Snapper-Grouper FMP, other
provisions of the Magnuson-Stevens Act, and other applicable laws,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is not an
Executive Order 14192 regulatory action because this rule is not
significant under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification follows. A copy of the full
analysis is available from NMFS (see ADDRESSES).
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the SUMMARY
and SUPPLEMENTARY INFORMATION sections of this proposed rule.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. In addition, no new reporting or record
keeping requirements are introduced in this proposed rule. This
proposed rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
This proposed rule, if implemented, would remove the species-
specific private recreational and for-hire vessel limits for gag and
black grouper and establish separate aggregate private recreational and
for-hire vessel limits of two gag or black grouper in any combination
per day on a private recreational vessel and per trip on a recreational
for-hire vessel. This proposed rule would not change the current bag
limit of one gag or black grouper per person per day on a private
recreational vessel or on a recreational for-hire vessel, and whichever
limit is more restrictive would apply. This proposed rule would also
revise transit stowage requirements for on-demand black sea bass pots
on commercial vessels. Transit means direct, non-stop progression
through an MPA or spawning SMZ. Under this proposed rule, commercial
fishermen transiting through an MPA or spawning SMZ would no longer be
required to disconnect buoys from on-demand black sea bass pots;
rather, buoys could remain connected to on-demand black sea bass pots,
though the pots could not be baited.
The proposed changes to the recreational vessel limits would apply
to all federally permitted for-hire vessels and recreational anglers
that fish for or harvest gag or black grouper in Federal waters of the
South Atlantic. The proposed modifications to the transit stowage
requirements for black sea bass
[[Page 21778]]
pots with on-demand gear would only apply to commercial vessels.
Although this proposed rule would apply to for-hire vessels, it
would not be expected to have any direct effects on these entities.
For-hire vessels sell fishing services to recreational anglers. NMFS
does not expect the proposed management changes to gag and black
grouper to directly alter the services sold by these vessels. Any
change in demand for these fishing services, and associated economic
effects, as a result of this proposed rule would be a consequence of a
change in anglers' behavior and would therefore be indirect. Based on
the historically-minimal level of charter mode target effort for gag
and black grouper in the South Atlantic, the low retention limit for
these species, and the number of substitute species available, NMFS
does not expect any change in for-hire trip demand to result from this
proposed rule; however, should it occur, the associated indirect
effects would fall outside the scope of 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 (see 5 U.S.C. 601(3) through (6)).
Recreational anglers are not businesses, organizations, or governmental
jurisdictions, so they are also outside the scope of this analysis. In
summary, only the impacts on commercial fishing businesses will be
discussed.
In 2024, there were 508 valid or renewable South Atlantic snapper-
grouper unlimited permits and 86 valid or renewable 225-pound (102-
kilogram) trip limited permits. In addition to a valid snapper-grouper
unlimited permit, vessels that use black sea bass pots in Federal
waters must have a valid South Atlantic sea bass pot endorsement. These
may be transferred between any two entities that hold or simultaneously
obtain a valid snapper-grouper unlimited permit. There were 32 valid or
renewable black sea bass pot endorsements in 2024. On average from 2018
through 2022, there were 166 federally permitted commercial vessels
with reported landings of black sea bass in the South Atlantic. Their
average annual vessel-level gross revenue from all species for 2018
through 2022 was $67,250 (2023 dollars) and black sea bass accounted
for approximately 3.5 percent of this revenue. Only 14 federally
permitted commercial vessels, on average, harvested black sea bass
using pot gear during this period and their average annual vessel-level
gross revenue from all species was $69,977 (2023 dollars) with 24
percent of this revenue attributed to black sea bass. For commercial
vessels that harvest black sea bass in the South Atlantic, NMFS
estimates that economic profits are -1.9 percent of annual gross
revenue, on average. The negative value for economic profits presented
here does not necessarily mean the average business is operating at a
loss in an accounting sense, rather the owner is not being fully
compensated for their time or asset depreciation when compared to the
next best use of their labor and capital resources. The maximum annual
revenue from all species reported by a single one of the vessels that
harvested black sea bass from 2018 through 2022 was $394,668 (2023
dollars).
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System code 11411) 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 combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. All of the commercial fishing businesses directly regulated
by this proposed rule are believed to be small entities based on the
NMFS size standard. No other small entities that would be directly
affected by this proposed rule have been identified.
This proposed rule would revise stowage requirements for on-demand
black sea bass pots on commercial vessels transiting through an MPA or
spawning SMZ. Under this proposed rule, when transiting through such
areas, commercial fishing businesses would need to ensure that all on-
demand black sea bass pots are not baited, but it would be permissible
for buoys to be connected to the on-demand black sea bass pots. Current
management measures stipulate that during transit through an MPA or
spawning SMZ all black sea bass pots must not be baited and all buoys
must be disconnected from the gear, including on-demand gear. The
proposed relaxation of the requirement to disconnect buoys from on-
demand black sea bass pots represents a time savings for commercial
fishing businesses and a corresponding reduction in the opportunity
cost of labor. It is not possible to quantify this potential benefit
using existing data. Based on the small geographical extent of the
South Atlantic spawning SMZs and the low likelihood of fishing for
black sea bass at the depths of the deep-water MPAs, the effects of
this proposed rule on small entities would likely be minimal.
Individual fishing businesses may experience varying effects on their
economic profits, depending on their fishing practices, operating
characteristics, and profit maximization strategies.
In conclusion, the information provided above supports a
determination that this proposed rule would not have a significant
economic impact on a substantial number of small entities. As a result,
an initial regulatory flexibility analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Recreational, Snapper-grouper,
South Atlantic.
Dated: April 20, 2026.
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 AMERICA, 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. Amend Sec. 622.183 by:
0
a. Revising paragraph (a)(1)(ii)(E);
0
b. Adding paragraph (a)(1)(ii)(F);
0
c. Revising paragraph (a)(2)(vii)(E); and
0
d. Adding paragraph (a)(2)(vii)(F).
The revisions and additions would read as follows:
Sec. 622.183 Area and seasonal closures.
(a) * * *
(1) * * *
(ii) * * *
(E) A crustacean trap or golden crab trap cannot be baited. All
buoys must be disconnected from the gear, although buoys may remain on
deck.
(F) A sea bass pot cannot be baited. For a sea bass pot fished with
a deployed vertical line or rope connected to a buoy, the buoy must be
disconnected from the gear, although the buoy may remain on deck. For a
sea bass pot fished without a deployed vertical line connected to a
buoy, referred to as an on-demand or ropeless sea bass pot, the buoy
may remain connected to the gear.
(2) * * *
[[Page 21779]]
(vii) * * *
(E) A crustacean trap or golden crab trap cannot be baited. All
buoys must be disconnected from the gear, although buoys may remain on
deck.
(F) A sea bass pot cannot be baited. For a sea bass pot fished with
a deployed vertical line or rope connected to a buoy, the buoy must be
disconnected from the gear, although the buoy may remain on deck. For a
sea bass pot fished without a deployed vertical line connected to a
buoy, referred to as an on-demand or ropeless sea bass pot, the buoy
may remain connected to the gear.
* * * * *
0
3. Amend Sec. 622.187 by revising paragraph (b)(2)(i) to read as
follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(i) No more than one fish may be a gag or a black grouper. However,
the bag limit for gag and black grouper for the captain or crew of a
vessel operating as a charter vessel or headboat is zero. In addition
to the bag limits specified in this paragraph (b)(2)(i), the vessel
limits in paragraphs (b)(2)(i)(A) and (B) of this section also apply to
gag and black grouper. In the event of a conflict between a bag limit
and vessel limit, the more restrictive limit will prevail.
(A) The vessel limit for gag and black grouper on a vessel
operating as a private recreational vessel is two fish per day in any
combination.
(B) The vessel limit for gag and black grouper on a vessel
operating as a charter vessel or headboat is two fish per trip in any
combination.
* * * * *
[FR Doc. 2026-07901 Filed 4-22-26; 8:45 am]
BILLING CODE 3510-22-P
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