Notice2026-16192
Snapper-Grouper Fishery of the South Atlantic; Requests for Exempted Fishing Permits
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Published
August 10, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the receipt of three applications for exempted fishing permits (EFP) from the Florida Fish and Wildlife Conservation Commission (FWC), Georgia Department of Natural Resources (GADNR), and South Carolina Department of Natural Resources (SCDNR). If issued by NMFS, each EFP would exempt the applicable state agency and participating fishermen from specific Federal regulations applicable to the recreational harvest of red snapper in the South Atlantic. The applicants each propose to pilot test state data collection and management strategies for the recreational harvest of red snapper in 2026. The outcomes of the 2026 EFPs would inform the need and refinement of future EFP applications. The purposes of these EFPs are to improve data on recreational fishing effort, catch, and discards of red snapper in the South Atlantic and to inform the development of a long-term state-led management strategy for the recreational harvest of red snapper.
Full Text
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<title>Federal Register, Volume 91 Issue 152 (Monday, August 10, 2026)</title>
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[Federal Register Volume 91, Number 152 (Monday, August 10, 2026)]
[Notices]
[Pages 51467-51471]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16192]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF938]
Snapper-Grouper Fishery of the South Atlantic; Requests for
Exempted Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of applications for exempted fishing permits;
request for comments.
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SUMMARY: NMFS announces the receipt of three applications for exempted
fishing permits (EFP) from the Florida Fish and Wildlife Conservation
Commission (FWC), Georgia Department of Natural Resources (GADNR), and
South Carolina Department of Natural Resources (SCDNR). If issued by
NMFS, each EFP would exempt the applicable state agency and
participating fishermen from specific Federal regulations applicable to
the recreational harvest of red snapper in the South Atlantic. The
applicants each propose to pilot test state data collection and
management strategies for the recreational harvest of red snapper in
2026. The outcomes of the 2026 EFPs would inform the need and
refinement of future EFP applications. The purposes of these EFPs are
to improve data on recreational fishing effort, catch, and discards of
red snapper in the South Atlantic and to inform the development of a
long-term state-led management strategy for the recreational harvest of
red snapper.
DATES: Written comments must be received no later than August 25, 2026.
ADDRESSES: You may submit electronic comments on any of the
applications via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type ``NOAA-NMFS-2026-2245'' in the Search box.
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
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 and address), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments. Enter ``N/A'' in the required fields if you wish to remain
anonymous.
Electronic copies of the EFP applications may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/southeast/recreational-fishing-data/south-atlantic-red-snapper-state-data-collection-and-management">https://www.fisheries.noaa.gov/southeast/recreational-fishing-data/south-atlantic-red-snapper-state-data-collection-and-management</a>.
FOR FURTHER INFORMATION CONTACT: Andy Strelcheck, phone: 727-824-5305,
email: <a href="/cdn-cgi/l/email-protection#3958575d40174a4d4b5c555a515c5a527957565858175e564f"><span class="__cf_email__" data-cfemail="f79699938ed9848385929b949f92949cb799989696d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The EFPs are requested under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act; 16
U.S.C. 1801 et seq.), regulations at 50 CFR 600.745(b) concerning
exempted fishing, the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region (Snapper-Grouper FMP), and the
implementing regulations at 50 CFR part 622, subpart I.
On July 10, 2026, FWC, GADNR, and SCDNR (collectively, ``the
applicants'') each submitted an EFP application for NMFS review. The
North Carolina Division of Marine Fisheries (NCDMF) did not submit an
EFP application and has instead requested a separate Federal waters
recreational red snapper season. The stated primary purposes for these
EFPs are to improve data on recreational fishing effort, catch, and
discards of red snapper in the South Atlantic, and to inform the
development of a long-term state-led management strategy for the
recreational harvest of red snapper. Additional purposes for the EFPs
include: (1) evaluating mandatory electronic reporting programs for
monitoring catch; (2) providing recreational fishermen on privately
owned vessels (private vessels, private anglers) and the owners or
operators of charter vessels or headboats (for-hire fishermen)
increased fishing opportunities for red snapper; (3) quantifying angler
participation and characterizing angler behavior; and (4) collecting
related biological information from the fishery. The percent standard
error estimates for the recreational harvest of red snapper are high,
indicating low precision and significant uncertainty that would benefit
from improved data collection efforts and approaches. Better data could
reduce the uncertainty around the estimates of harvest and discards
from the recreational sector. These proposed EFPs aim to address these
challenges by improving recreational catch estimation
[[Page 51468]]
and reducing discards so fishing opportunities can increase.
The geographic locations of the states' proposed projects are South
Atlantic state and Federal waters off Florida, Georgia, and South
Carolina. Currently, red snapper data from the recreational sector are
collected through NMFS' Marine Recreational Information Program (MRIP)
and the Southeast Headboat Survey, and supplemented by FWC's
specialized East Coast Red Snapper (ECRS) survey and various state
carcass collection programs. NMFS collaborated with Florida to develop
the ECRS in 2012 to provide more accurate estimates of in-season red
snapper landings given MRIP's limitations in generating precise and
timely in-season estimates during the short Federal seasons supported
by recreational annual catch limits (ACLs) in recent years.
The applicants propose to use an existing state-based survey (FWC)
certified by NMFS, or test new mandatory or voluntary electronic
methods for data collection (FWC, GADNR, SCDNR) during extended state
and Federal recreational red snapper fishing seasons to further
increase the precision of recreational catch, effort, and discard
estimates. The applicants collaborated to develop similar proposals,
and this notice addresses the three state applications together due to
similarities between the applicants' desired timing for the proposed
projects. This notice summarizes the states' applications for EFPs by
the shared features, and then describes unique project elements by
state. Reference the individual state EFP applications for complete
details of each proposed project at the website in the ADDRESSES
section.
None of the applicants' proposed projects would apply to commercial
harvest of red snapper in South Atlantic state or Federal waters.
Commercial harvest in South Atlantic Federal waters opened on July 13,
2026, and will close if NMFS determines landings reach or are projected
to reach the 102,951-pound commercial ACL during the fishing year.
Project Descriptions and Shared Elements
The proposed projects summarized in this notice would apply to the
recreational harvest of red snapper in state and Federal waters off
Florida, Georgia, and South Carolina during 2026. The applicants state
that the proposed EFP projects would provide more precise estimates of
recreational fishermen targeting red snapper, fishing effort and catch,
and would gather information that may be used for further state
involvement in management of the resource.
Each of the applicants have proposed harvest limits for red snapper
off the respective states for the 2026 recreational seasons. FWC has
requested a limit of 185,379 red snapper, GADNR has requested a limit
of 10,759 red snapper, and SCDNR has requested a limit of 19,253 red
snapper. The applications detail the methods used to calculate the
expected harvest amounts during the extended recreational seasons and
proposed limits. In summary, the applicants first removed commercial
landings and dead discards (the number fish not kept and estimated to
die) from the 509,000 fish total ACL specified in the final rule for
Secretarial Amendment 59 to the Snapper-Grouper FMP (Secretarial
Amendment) (90 FR 24527, June 11, 2025). The applicants then reduced
the estimated recreational dead discards associated with the total ACL
(463,033 fish) using the ratio of MRIP to FWC State Reef Fish Survey
(SRFS) dead discards from 2021 through 2024 (2.15). The SRFS-equivalent
amount of dead discards (215,344 fish) was then subtracted from the
recreational portion of dead discards associated with the total ACL,
resulting in a difference of 247,688 fish. The current recreational ACL
of 22,797 fish (landings only), established by the Secretarial
Amendment, was then converted to a SRFS equivalent of 2,871 fish using
the ratio of MRIP to SRFS landings from 2021 through 2024 (7.94). The
resulting amount of landed fish was then added to the difference in
dead discards to calculate a proposed total harvest level for South
Atlantic red snapper (247,688 plus 2,871 equals 250,559 fish). The
catch level of 250,559 fish is inclusive of catch that was also
expected to occur off North Carolina. The cumulative harvest level
requested by FWC, GADNR, and SCDNR is 215,391 red snapper.
The applicants would manage red snapper harvest through near real-
time monitoring of trip-level notification and reporting requirements.
GADNR and SCDNR would use a census-based electronic data collection
method to generate effort and catch estimates from private anglers,
while FWC would estimate monthly private angler effort and catch using
SRFS and secondarily using a voluntary smartphone web-based application
(phone app) to gather trip level information. For-hire effort and catch
will be estimated via the MRIP For-hire Survey in Florida, the Federal
for-hire logbook reporting program in South Carolina and Georgia, and
Southeast Region Headboat Survey across all three states. Red snapper
harvest would also be managed through bag limits, a size limit (SCDNR),
and enforcement and outreach support.
Participants, Permits, and License Requirements
Recreational fishermen participating under an EFP would include
state-permitted private anglers, and state or federally permitted for-
hire fishermen. Any discussion in this notice that relates to an angler
that has paid, or provided other compensation, to access fish from a
for-hire vessel is described as a paying angler on a for-hire vessel.
Each project would allow the recreational harvest of red snapper in
state and Federal waters daily during October with additional fishing
days possible in December. All red snapper harvest would be closed in
November under all proposed projects. During November, each applicant
would evaluate its October landings data relative to its proposed
harvest limit to determine whether further red snapper harvest is
available in December under an EFP. If an applicant determines that red
snapper landings have not reached its proposed harvest limit, the
applicant would allow for further fishing days in December so its
participants could harvest up to the proposed limit and would
communicate those dates to NMFS. If an applicant estimates that the
number of fish landed under an EFP will reach the proposed harvest
limit during the recreational season, the applicant would prohibit
harvest under its individual EFP and in state waters for the rest of
2026. The applicant would communicate a harvest closure with
participants through email and other electronic media. The applicants
proposed other harvest accountability measures and those are discussed
in the state sections later. All of the proposed projects would end
after December 31, 2026. The applicants proposed these recreational
seasons to gather baseline data over a longer and more varied period
compared to recent Federal seasons, and after consideration of fishery
and environmental data, and public input.
To participate as a private angler or for-hire fisherman in any of
the proposed projects and be exempted from Federal regulations for
recreational red snapper harvest, a participant must follow all of the
requirements under the EFP issued to the state in which they are
licensed and will land the fish. Participating private anglers and for-
hire operators landing red snapper in the states granted EFPs would be
required to have the necessary state and Federal permits and licenses
for the states where
[[Page 51469]]
they will land the fish. All of the applicants have proposed that any
fishing trip under an EFP would need to begin and end in the respective
state.
Bag Limits
The recreational bag limit would be one red snapper per person per
day. Additionally, each of the applicants propose that the captain and
crew of a for-hire vessel may not retain red snapper. Further harvest
controls by each state applicant as applicable are summarized later.
Monitoring and Reporting
Participants in all states would be required to submit a mandatory
trip declaration prior to each trip. Participants in Georgia and South
Carolina would be required to report electronically to the applicable
state agency after a fishing trip. Participants in Florida would be
required to report to SRFS and may also voluntarily report through an
FWC phone app. Participants in Georgia and South Carolina would be
required to complete and submit a trip report before they can initiate
a new trip. Methods to submit the mandatory trip report would vary by
state and whether fishing would occur as a private angler or on a
vessel operated by a for-hire fisherman. More information on reporting
requirements are found in the Project Summaries by State section of
this notice.
Reports to NMFS
The applicants would meet with NMFS near the end of 2026 to discuss
outcomes of the recreational fishing season and provide final project
reports to NMFS by April 30 (GADNR and SCDNR) and May 31, 2027 (FWC).
The reports would contain the various data with analyses of results and
how project goals were achieved while outlining lessons learned and
suggested improvements to enhance data collection, reporting, and
future management. The applicants would use the data to refine harvest
estimates and project parameters for any subsequent EFP applications.
These proposed extended recreational seasons would replace the
Federal recreational season annually announced by NMFS under current
regulations. Unless specifically exempted under an EFP, current Federal
regulations will continue to apply. For example, if a regulatory
closure occurs in-season for any species other than for recreationally
harvested red snapper, EFP participants would be prohibited from
harvesting that species. Participation under each EFP may require
additional or more restrictive provisions than current Federal
regulations, such as a state license requirement or different harvest
limit, and those provisions are summarized later by state and detailed
in each application.
Project Summaries by State
Florida
The pilot project would test two methods of recreational data
collection to improve monitoring of red snapper fishing effort,
landings, and discards by private anglers and for-hire fishermen in
state and Federal waters during the proposed recreational fishing
season in 2026. FWC has requested a harvest limit of 185,379 red
snapper.
Participants, Permits, and License Requirements
FWC would allow for participation under the proposed project if
applicable state license and Federal permit requirements are met. A
private angler would need a valid saltwater recreational fishing
license issued by Florida (or otherwise be exempt) and a valid SRFS
endorsement to fish in state and Federal waters. For-hire fishermen
would need a state for-hire permit to fish in state waters only, while
the same state permit and a Federal charter vessel/headboat permit for
snapper-grouper would be required to fish in state and Federal waters.
FWC would also require state and federally licensed for-hire
participants to sign up for the Atlantic For-Hire Reef Fish Registry.
FWC proposes that the harvest of red snapper under an EFP would be
allowed by hook-and-line and spearfishing gear.
Aggregate Bag Limit
In addition to a maximum of one red snapper per person each day,
FWC proposes to manage red snapper harvest as part of a 10-fish
aggregate bag limit of multiple snapper-grouper species to test whether
such a limit could reduce discard mortality of the aggregate species.
The proposed composition and limits for the species in the aggregate
are detailed in the FWC application linked in the ADDRESSES section.
Once a participant reaches any combination of 10 fish from the
aggregate bag limit, they would be required to stop bottom fishing for
federally managed snapper-grouper species for the remainder of the trip
to minimize catch and reduce discard mortality of other snapper-grouper
species. Fishermen may still target other species managed by the state
or NMFS after reaching the aggregate limit, such as coastal migratory
pelagic species, like king mackerel.
Monitoring and Reporting
FWC would use SRFS and a voluntary phone app for trip reporting.
FWC would require private anglers and for-hire operators to submit a
mandatory trip declaration using the phone app before each fishing
trip. A trip declaration could provide additional insight into intended
and actual fishing effort during the fishing season. Private anglers
and for-hire captains fishing under the EFP would be required to report
information about the trip, landings, and discards through SRFS. FWC
would also encourage participants to voluntarily submit the same trip
information through the voluntary phone app. Trip reports submitted
voluntarily through the phone app would need to occur within 24 hours
after a fishing trip ends. FWC would evaluate the utility of the phone
app as a method for collecting recreational data and comparing those
data with those sourced through SRFS. Data collected would include
elements such as the number of fish harvested and released, and the
number of fish released alive and dead. For-hire fishermen would
continue to report all for-hire trips under an EFP as required by
existing regulations (50 CFR 622.176(b)).
FWC would monitor landings and prohibit red snapper harvest if
landings reached the proposed harvest limit. Moreover, if red snapper
landed under an EFP during 2026 reach 141.5 percent of the proposed
harvest limit, FWC has proposed to discuss with NMFS a potentially
reduced red snapper harvest limit in any future EFP application.
Enforcement
FWC's proposed enforcement strategy for the pilot project would
combine direct field monitoring by state and Federal agents with
efforts to educate stakeholders regarding the project's requirements.
FWC managers would closely coordinate with law enforcement, field
biologists, and phone staff to ensure all parties are informed of the
project's specific requirements, such as the aggregate bag limit.
Participant registration would allow for law enforcement to verify
participants' identities. Furthermore, FWC staff would conduct dockside
sampling and angler interviews at access points to validate catch data
and ensure adherence to the experimental fishing guidelines, including
verifying the possession and recording the use of descending devices.
Outreach
FWC would implement a targeted outreach plan for EFP participants
to
[[Page 51470]]
minimize confusion and increase compliance. Outreach would include
information on how the aggregate bag limit would change throughout the
fishing season for some snapper-grouper species as the fishing season
for some species could be open or closed to harvest. FWC has already
developed outreach materials for the aggregate bag limit, which have
been tested recently under other issued EFPs. FWC would also
disseminate information and requirements through community networks and
fishing groups. Additionally, FWC would seek to match state water
regulations with EFP requirements in Federal waters. Identical
regulations in state and Federal waters would help to minimize
confusion, enhance compliance, and augment enforcement.
Florida would provide NMFS with a draft progress report summarizing
the preliminary results of project activities for review and comment by
March 1, 2027.
Georgia
GADNR has requested an EFP to conduct a pilot study to test a
state-based data collection system for the recreational harvest of red
snapper off Georgia in state and Federal waters. GADNR has requested a
harvest limit of 10,759 red snapper for its proposed recreational
fishing season in 2026.
Participants, Permits, and License Requirements
GADNR would allow for participation under the proposed project if
applicable state license and Federal permit requirements are met.
Private anglers would be required to possess a valid Georgia
recreational fishing license and a free annual Saltwater Information
Program permit. For-hire fishermen would be required to be properly
licensed in Georgia and, when operating in Federal waters, to hold a
valid Federal charter vessel/headboat permit for snapper-grouper. GADNR
would also provide each for-hire vessel a personalized letter of
permission, which must be on the vessel during the EFP period. All
participants would be required to register with the state's electronic
data reporting application and follow all mandatory reporting
conditions. GADNR does not propose a fishing gear limitation for
participation in the EFP. Therefore, the current allowable gear types
for recreational fishing in the snapper-grouper fishery would continue
to apply.
Monitoring and Reporting
GADNR proposes to use VESL, an electronic reporting application
developed by Bluefin Data LLC, to collect data from private anglers. As
a condition of participation under the EFP and before fishing may
occur, private anglers would need to declare each trip via the VESL
application no earlier than 5 days before departure. Upon declaring a
trip, private anglers would receive a trip authorization code. Each
participant would then need to complete and submit a mandatory trip
report no later than 24 hours after the trip departure time. The
mandatory trip report would need to be completed and submitted prior to
receiving an authorization code to initiate a new trip. Consistent with
current state law, the project would require each private angler to
submit a report--except under certain circumstances, when an alternate
trip participant would be allowed to submit data on another angler's
behalf. For example, a participant that is a parent or guardian could
report on behalf of a non-licensed child that is fishing under an EFP.
The data collected through VESL could include trip length and end time,
depth fished, the number of red snapper harvested or released, and
whether fish were alive or dead upon release. Mandatory trip reporting
by for-hire fishermen would continue under existing requirements at 50
CFR 622.176(b). During November, red snapper harvest would be closed,
although GADNR would ask participants to continue to abide by trip
notification and reporting requirements for any fishing trips occurring
then.
Enforcement
Compliance with the EFP would be enforced by GADNR law enforcement
in cooperation with other state and Federal partners, who would conduct
at-sea and dockside intercepts to verify that private anglers have
obtained the required licenses and trip authorization codes. Officers
would also monitor for-hire fishing activity to ensure that mandatory
trip reports are submitted following the landing of any red snapper.
Additionally, GADNR would utilize law enforcement engagement and data
from the existing MRIP to identify and determine rates of non-
compliance during 2026. GADNR would provide weekly in-season reporting
of unadjusted absolute landings to NMFS based on a Monday through
Sunday reporting week.
Outreach
To support the successful implementation of the 2026 project, GADNR
would develop and distribute a variety of outreach materials to educate
private anglers and for-hire fishermen about the participation
requirements and expectations. These materials would include a
dedicated web page to provide project information, support for VESL,
and best fishing practices. Further, GADNR plans to staff a phone help
line to assist project participants.
Georgia would provide to NMFS a draft progress report summarizing
the preliminary results of the project for review and comment by
January 31, 2027. Georgia would meet with the other applicants and NMFS
in early 2027 to discuss outcomes of its EFP project and how
improvements could be incorporated into future EFP applications.
South Carolina
SCDNR has applied for an EFP to conduct a pilot study to test a
state-based data collection system for the recreational harvest of red
snapper off South Carolina in state and Federal waters. SCDNR has
requested a harvest limit of 19,253 red snapper for its proposed
recreational fishing season in 2026.
Participants, Permits, and License Requirements
SCDNR would allow a fisherman to harvest red snapper under the EFP
if applicable state license and Federal permit requirements are met.
Private anglers would be required to possess an existing state
saltwater fishing license (or otherwise be exempt) and a state-issued
experimental red snapper harvest permit. To fish in Federal waters, a
for-hire fisherman would need a state charter vessel or headboat
license, and Federal charter vessel/headboat permit for snapper-
grouper. To prevent causing an increase of new for-hire fishermen who
seek to participate under an EFP and to harvest red snapper, SCDNR
would require that fishermen must have been in possession of a valid
Federal for-hire permit any time between July 1 and December 31, 2025.
All participating private anglers and for-hire fishermen would need to
possess a copy of the EFP while fishing. SCDNR would distribute a
digital copy of the issued EFP to all participating private anglers and
for-hire fishermen. Harvest of red snapper under an EFP would be
allowed by hook-and-line (specifically rod and reel, handline, or
bandit gear) and spearfishing gear.
Minimum Size Limit
In addition to the daily bag limit of one red snapper, SCDNR has
proposed a minimum size limit for red snapper of 20 inches
(approximately 51 centimeters) in total length, which would match the
current minimum size limit in state waters. SCDNR stated that
[[Page 51471]]
such a limit in Federal waters off South Carolina would provide
compliance and enforcement benefits across jurisdictions. All other
provisions for red snapper and other species would remain in effect.
Monitoring and Reporting
Participating private anglers and for-hire fishermen would use
VESL, a data reporting program to register to fish. VESL is the
application currently used to collect electronic for-hire data from
state licensed and federally permitted charter vessels and headboats.
To participate under the EFP, private anglers must declare each trip
via the VESL application no earlier than 5 days before departure, and
then complete and submit a mandatory trip report no later than 24 hours
after the trip departure time. Upon declaring a trip, private anglers
would receive a trip authorization code, which must be presented to law
enforcement for inspection upon request. Under certain circumstances,
alternate trip participants may submit data on another angler's behalf.
To ensure compliance and data integrity, the VESL system is designed so
that a new trip cannot be initiated or authorized until the previous
trip's report has been completed and submitted. For-hire fishermen
would continue mandatory reporting through the same VESL application in
compliance with existing requirements at 50 CFR 622.176(b). The data
collected through the SCDNR project could include elements such as the
number of red snapper harvested, the number of fish released alive or
dead, primary depth fished, and total hours spent fishing. During
November, red snapper harvest would be closed, although SCDNR would
continue to require notification and reporting requirements for any
fishing trips participants take that month. To encourage continued
compliance in November with required trip declaration and report
submissions, SCDNR would offer material incentives to participants.
Enforcement
Compliance with the EFP regulations would be enforced by SCDNR law
enforcement officers, who would conduct inspections both at sea and at
landing locations. Officers would verify that all private anglers and
for-hire fishermen possess the necessary valid licenses and permits.
During these encounters, enforcement personnel would verify the trip
authorization code from private anglers for the specific trip. To
ensure data integrity, enforcement officers would also monitor for-hire
fishermen to verify that landed fish correspond with submitted
mandatory reports. SCDNR would provide unadjusted absolute harvest and
discard values for red snapper collected during October.
Outreach
To support the successful implementation of the 2026 pilot program,
SCDNR has proposed an outreach and education campaign to ensure angler
compliance and build positive momentum for the new data reporting
program. Prior to and during a red snapper recreational season, SCDNR
would use email and other electronic communication, and in-person
communication to clearly communicate permit and reporting requirements.
A dedicated website would provide instructional videos for the VESL
application, and guides to assist with accurate data entry and
reporting. During the fishing season, SCDNR staff and law enforcement
would engage directly with participants at docks to distribute
materials, assist with the post-trip reporting process, and collect or
verify biological data.
SCDNR would provide to NMFS a draft progress report summarizing the
preliminary results of the project for review and comment by November
16, 2026. At this time, SCDNR would also coordinate with NMFS to
determine the viability of a December harvest period.
Requested Exemptions
The applicants have each requested exemptions to certain Federal
regulations for the proposed projects in the South Atlantic.
1. 50 CFR 622.181(c)(2) limits the harvest and possession of red
snapper to the specified season, and applies these limitations to a
federally permitted for-hire vessel in both state and Federal waters.
2. 50 CFR 622.183(b)(5)(i) specifies when the recreational season
will occur each year.
3. 50 CFR 622.193(y)(2) specifies the annual catch limit and
accountability measures applicable to the recreational harvest of red
snapper.
NMFS Preliminary Finding
NMFS finds the applications warrant further consideration based on
a preliminary review. The applications are considered together in this
notice because of the similar nature. However, each application is
independent and will be considered individually as part of the overall
management of red snapper. If issued by NMFS, an EFP may impose
possible conditions, including but not limited to a prohibition on
fishing within marine protected areas, marine sanctuaries, or special
management zones without additional authorization.
Final decisions on issuance of EFPs and the regulatory exemptions
will depend on NMFS' review of public comments received on the
applications, consultations with the appropriate fishery management
agencies of the affected states, the South Atlantic Fishery Management
Council, and the U.S. Coast Guard, and a determination that the
activities to be taken under the EFPs are consistent with all other
applicable laws.
Additional Background
In early May 2026, NMFS issued EFPs to FWC, GADNR, SCDNR, and
NCDMF. Each EFP authorized an expanded recreational fishing season in
2026 for South Atlantic red snapper in Federal waters off each
respective state.
On May 5, 2026, Plaintiffs in Southeastern Fisheries Association,
Inc. v. Lutnick, No. 1:26-cv-1533 (D.D.C.) filed a lawsuit challenging
the issuance of the EFPs under the Administrative Procedure Act.
On May 21, 2026, the United States District Court for the District
of Columbia issued an order granting the Plaintiffs' motion for a
preliminary injunction, halting activities under all four of the EFPs
that authorized the 2026 state recreational red snapper seasons in the
South Atlantic.
On June 18, 2026, GADNR requested to withdraw their application and
relinquish their EFP. On June 19, 2026, FWC, SCDNR, and NCDMF requested
NMFS to cancel the issued EFPs. NMFS subsequently rescinded all four
EFPs in a separate letter to each state on June 26, 2026.
The EFPs requested in the three new applications from FWC, GADNR,
and SCDNR addressed in this notice include additional information found
lacking by the Court and otherwise address issues where the Court found
the underlying record insufficient to support the agency's decisions.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 5, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-16192 Filed 8-7-26; 8:45 am]
BILLING CODE 3510-22-P
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