Proposed Rule2026-11336
Fisheries of the Caribbean, Gulf of America, and South Atlantic; Shrimp Fishery of the Gulf of America; Amendment 19
Primary source
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Published
June 5, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS seeks public comment on the management measures proposed in Amendment 19 to the Fishery Management Plan for the Shrimp Fishery of the Gulf (Shrimp FMP). The Gulf Council (Council) has submitted Amendment 19 for review, approval, and implementation by NMFS. If approved, Amendment 19 would extend the moratorium on the issuance of new commercial shrimp permits in the Gulf of America (Gulf) that is set to expire after October 26, 2026. NMFS implemented the permit moratorium to create stability and prevent overcapacity in the Gulf shrimp fishery. Amendment 19 would extend the permit moratorium for an additional 10 years and maintain historical limits on shrimp fishing effort.
Full Text
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<title>Federal Register, Volume 91 Issue 108 (Friday, June 5, 2026)</title>
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[Federal Register Volume 91, Number 108 (Friday, June 5, 2026)]
[Proposed Rules]
[Pages 34209-34210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11336]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BO31
Fisheries of the Caribbean, Gulf of America, and South Atlantic;
Shrimp Fishery of the Gulf of America; Amendment 19
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendment; request for comments.
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SUMMARY: NMFS seeks public comment on the management measures proposed
in Amendment 19 to the Fishery Management Plan for the Shrimp Fishery
of the Gulf (Shrimp FMP). The Gulf Council (Council) has submitted
Amendment 19 for review, approval, and implementation by NMFS. If
approved, Amendment 19 would extend the moratorium on the issuance of
new commercial shrimp permits in the Gulf of America (Gulf) that is set
to expire after October 26, 2026. NMFS implemented the permit
moratorium to create stability and prevent overcapacity in the Gulf
shrimp fishery. Amendment 19 would extend the permit moratorium for an
additional 10 years and maintain historical limits on shrimp fishing
effort.
DATES: Written comments on Amendment 19 must be received no later than
August 4, 2026.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2026-1387, by either of the following methods:
<bullet> Electronic Submission: Submit comments electronically via
the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
type NOAA-NMFS-2026-1387 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
<bullet> Mail: Send written comments to Frank Helies, NMFS
Southeast Regional Office, 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 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, such as, 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 Amendment 19 is available from <a href="https://www.regulations.gov">https://www.regulations.gov</a> or from the Southeast Regional Office website at:
<a href="https://www.fisheries.noaa.gov/action/amendment-19-shrimp-permit-moratorium">https://www.fisheries.noaa.gov/action/amendment-19-shrimp-permit-moratorium</a>. Amendment 19 includes an environmental assessment,
Regulatory Flexibility Act analysis, regulatory impact review, and
fishery impact statement.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
<a href="/cdn-cgi/l/email-protection#40322923286e2d212c292e2f37332b29002e2f21216e272f36"><span class="__cf_email__" data-cfemail="8bf9e2e8e3a5e6eae7e2e5e4fcf8e0e2cbe5e4eaeaa5ece4fd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The shrimp fishery in the Gulf of America
(Gulf) is managed under the Shrimp FMP. The Shrimp FMP was prepared by
NMFS and the Gulf Fishery Management Council (Council), and is
implemented by NMFS through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act, 16 U.S.C. 1801 et seq.). The Magnuson-
Stevens Act requires that each regional fishery management council
submit any FMP or FMP amendment to the Secretary of Commerce
(Secretary) for review and approval, partial approval, or disapproval.
The Magnuson-Stevens Act also requires that upon receiving an FMP or
FMP amendment, NMFS must publish an announcement in the Federal
Register notifying the public
[[Page 34210]]
that the FMP or amendment is available for review and comment.
Background
Prior to 2001, approximately 4,000 vessels fished for shrimp
annually in Federal waters of the Gulf. To improve the collection of
fishing effort and catch data, NMFS implemented a Federal permit
requirement for all vessels harvesting shrimp commercially from Gulf
Federal waters through the final rule for Amendment 11 to the Shrimp
FMP (67 FR 51074, August 7, 2002). Between 2002 and 2006, NMFS issued
permits to approximately 2,951 vessels. During that time, the shrimp
fishery experienced economic losses, primarily because of high fuel
costs and reduced shrimp prices caused by competition from imports.
These economic losses resulted in the exodus of vessels from the
fishery and reduced fishing effort. Despite this exodus, the fishery
remained overcapitalized, with more vessels than needed to harvest the
available shrimp resources at the most profitable level. To prevent
effort from returning to former levels that further reduced or removed
profitability for the fleet overall, the Council recommended a 10-year
moratorium on the issuance of new Federal commercial shrimp vessel
permits through Amendment 13 to the Shrimp FMP, while still allowing
for permit transferability. NMFS implemented the final rule for the
moratorium on October 26, 2006 (71 FR 56039, September 26, 2006), and
issued 1,933 vessel permits under the qualifying criteria of the 2006
rule by 2008.
The Council subsequently considered the need to continue limiting
access in the fishery in Amendment 17A to the Shrimp FMP. The Council
chose to recommend extending the permit moratorium for an additional 10
years to maintain stability and prevent overcapacity in the shrimp
fishery. The Council chose not to permanently limit access to the
fishery at that time, because economic conditions could change in the
future. NMFS implemented the final rule continuing the 10-year
moratorium on August 22, 2016, and the moratorium was extended through
October 26, 2026 (81 FR 47733, July 22, 2016).
Only a valid Gulf shrimp permit can be used to commercially harvest
Gulf shrimp. A shrimp vessel permit remains valid if it is renewed, and
is renewable within 1 year of its expiration date. After 1 year from
the expiration date with no renewal, a permit is terminated and
permanently removed from the pool of available permits. From 2019
through 2023, the average annual number of vessels with valid Gulf
shrimp moratorium permits was 1,376, though the number of vessels with
permits declined each year during this time. In 2024, 1,287 moratorium
permits were valid or renewable. Accordingly, since NMFS renewed the
1,933 shrimp vessel permits in 2008, the number of permits has
decreased by 646. NMFS has permanently removed those 646 permits from
the permit pool.
Actions Contained in Amendment 19
If approved, Amendment 19 would extend the moratorium on the
issuance of new commercial shrimp vessel permits in the Gulf for an
additional 10 years, through October 26, 2036. The purpose of Amendment
19 is to continue limiting the total number of permits and, thereby,
the maximum potential shrimping effort in the Gulf. Gulf shrimp stocks
are currently healthy, but the previously mentioned non-regulatory
issues continue to hinder the profitability of the commercial shrimp
fleet and to cause the decline in shrimping effort throughout the Gulf.
NMFS expects Amendment 19 would continue to result in positive
impacts for those who hold Federal Gulf commercial shrimp permits
because the permits would retain value as a limited asset, which would
be lost if the moratorium were to expire. Permits would continue to be
transferable, allowing for entry to and exit from the shrimp fishery.
While new entrants would be required to pay more for a moratorium
permit versus an open access permit, NMFS expects the benefits of this
action to current permit holders would outweigh the cost to any new
entrants. The cost of acquiring a shrimp moratorium permit, when
compared to similar limited access commercial permits in other
fisheries, is comparably low. For example, from 2022 through 2024, the
median price to transfer a Federal Gulf shrimp permit was $5,250.
Extending the moratorium would also provide the Council with time
to re-evaluate the minimum shrimp permit threshold for optimizing yield
in the fishery in light of new science and the current economic
condition of the fishery. The Council established a threshold of 1,072
Gulf shrimp permits in Amendment 17B to the Shrimp FMP (82 FR 60564,
December 21, 2017), and currently there are approximately 1,200 valid
or renewable Gulf shrimp permits. The minimum permit threshold
represents the predicted number of vessels needed to achieve aggregate
optimum yield in the fishery, while accounting for high shrimp catch
per unit effort and landings, and reducing the risk of exceeding
thresholds of sea turtle and juvenile red snapper bycatch.
Proposed Rule for Amendment 19
A proposed rule to implement Amendment 19 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the Shrimp
FMP, the Magnuson-Stevens Act, and other applicable law. If that
determination is affirmative, NMFS will publish the proposed rule in
the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 19 for Secretarial review,
approval, and implementation. Comments on Amendment 19 must be received
no later than August 4, 2026. Comments received during the respective
comment periods, whether specifically directed to Amendment 19 or the
proposed rule, will be considered by NMFS in the decision to approve,
partially approve, or disapprove Amendment 19. Comments received after
the comment periods will not be considered by NMFS in this decision.
All comments received by NMFS on the amendment or the proposed rule
during their respective comment periods will be addressed in the final
rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 3, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2026-11336 Filed 6-4-26; 8:45 am]
BILLING CODE 3510-22-P
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