Proposed Rule2026-19182
Coral, Coral Reefs, and Live/Hardbottom Habitats of the South Atlantic and the Shrimp Fishery of the South Atlantic Region; Amendments 11/12
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Published
September 18, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The South Atlantic Fishery Management Council (Council) has submitted Amendment 11 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hardbottom Habitats of the South Atlantic (Coral FMP) and Amendment 12 to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (Shrimp FMP; jointly Amendments 11/12) for review, approval, and implementation by NMFS. If approved, Amendments 11/12 would establish a shrimp fishery access area (SFAA) along the eastern boundary of the northern extension of the Oculina Bank Habitat Area of Particular Concern (OHAPC) where trawling for rock shrimp is currently prohibited. The purpose of Amendments 11/12 is to reinstate access to historic rock shrimp fishing grounds, achieve optimum yield (OY) in the rock shrimp fishery, while minimizing impacts to deep-water corals in the OHAPC.
Full Text
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<title>Federal Register, Volume 91 Issue 180 (Friday, September 18, 2026)</title>
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[Federal Register Volume 91, Number 180 (Friday, September 18, 2026)]
[Proposed Rules]
[Pages 59098-59100]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19182]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BN92
Coral, Coral Reefs, and Live/Hardbottom Habitats of the South
Atlantic and the Shrimp Fishery of the South Atlantic Region;
Amendments 11/12
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendments; request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (Council) has
submitted Amendment 11 to the Fishery Management Plan for Coral, Coral
Reefs, and Live/Hardbottom Habitats of the South Atlantic (Coral FMP)
and Amendment 12 to the Fishery Management Plan for the Shrimp Fishery
of the South Atlantic Region (Shrimp FMP; jointly Amendments 11/12) for
review, approval, and implementation by NMFS. If approved, Amendments
11/12 would establish a shrimp fishery access area (SFAA) along the
eastern boundary of the northern extension of the Oculina Bank Habitat
Area of Particular Concern (OHAPC) where trawling for rock shrimp is
currently prohibited. The purpose of Amendments 11/12 is to reinstate
access to historic rock shrimp fishing grounds, achieve optimum yield
(OY) in the rock shrimp fishery, while minimizing impacts to deep-water
corals in the OHAPC.
DATES: Written comments on Amendments 11/12 must be received on or
before November 17, 2026.
ADDRESSES: A plain language summary of Amendments 11/12 is available at
<a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-1750">https://www.regulations.gov/docket/NOAA-NMFS-2026-1750</a>. You may submit
comments on this document, identified by NOAA-NMFS-2026-1750, 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-2026-1750 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 Rick DeVictor, 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
may 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 (e.g., name, address) confidential business information, or
otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments; enter
``N/
[[Page 59099]]
A'' in the required fields if you wish to remain anonymous.
An electronic copy of Amendments 11/12 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/coral-amendment-11-shrimp-amendment-12-establish-shrimp-fishery-access-area">https://www.fisheries.noaa.gov/action/coral-amendment-11-shrimp-amendment-12-establish-shrimp-fishery-access-area</a>. Amendments 11/12
include an environmental assessment, a Regulatory Flexibility Act
analysis, regulatory impact review, and fishery impact statement.
FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional
Office, 727-824-5305, or <a href="/cdn-cgi/l/email-protection#014a60736d602f466e7364416f6e60602f666e77"><span class="__cf_email__" data-cfemail="eba08a99878ac5ac84998eab85848a8ac58c849d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the coral and shrimp fisheries
in Federal waters of the U.S. South Atlantic. The shrimp fishery in the
South Atlantic region is managed under the Shrimp FMP. Coral, coral
reefs, and live/hardbottom habitats of the South Atlantic region are
managed under the Coral FMP. These FMPs were prepared by NMFS and the
Council, and are 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). The Magnuson-Stevens Act
requires each regional fishery management council to submit any FMP or
FMP amendment to the Secretary for review and approval, partial
approval, or disapproval. The Magnuson-Stevens Act also requires that
NMFS, upon receiving an FMP or FMP amendment, publish an announcement
in the Federal Register notifying the public that the FMP or amendment
is available for review and comment.
Background
In 1984, NMFS published the final rule to implement the designation
of a 92-square-nautical-mile (NM\2\) portion of the Oculina Bank as the
OHAPC (49 FR 29607, July 23, 1984) to protect a unique coral reef
ecosystem of Oculina varicosa (ivory tree coral) found off the east
coast of Florida (49 FR 29607, July 23, 1984). A habitat area of
particular concern (HAPC) is a subset of Essential Fish Habitat (EFH)
that is prioritized for conservation and management because it is
ecologically important, particularly susceptible to human-induced
environmental degradation, or rare. The OHAPC meets these HAPC criteria
due to its high biodiversity by supporting over 70 species of fish and
hundreds of species of invertebrates as well as the presence of slow-
growing coral pinnacles. As part of the OHAPC designation there is a
prohibition on the use of bottom trawls, bottom longlines, dredges,
traps, and pots within the OHAPC to mitigate the risk of damage by
fishing gear to Oculina coral. Additionally, anchoring by all fishing
vessels is prohibited within the area to prevent physical impact to the
coral structures.
In 2000, the size of the OHAPC was expanded through Amendment 4 to
the Coral FMP (65 FR 37292, June 14, 2000). In 2014, the OHAPC boundary
was extended northward through Amendment 8 to the Coral FMP (Coral
Amendment 8; 80 FR 42423, July 17, 2015). The proposed SFAA in
Amendments 11/12 is located within the OHAPC area that was implemented
through Coral Amendment 8.
Amendment 5 to the Shrimp FMP first required the use of vessel
monitoring system (VMS) by vessels allowed to fish for rock shrimp in
the commercial rock shrimp limited-access permit program (68 FR 2188,
January 16, 2003). In addition, Amendment 8 to the Coral FMP allowed
fishermen to transit the OHAPC, with an increased VMS ping rate of 1
ping per five minutes during the transit time (80 FR 42423, July 17,
2015). Current regulations require the use of a NMFS-approved VMS for
an owner or operator with a commercial vessel permit for South Atlantic
rock shrimp in South Atlantic Federal waters.
During the development of Amendment 8, some participants within the
rock shrimp industry noted to the Council that a narrow portion of the
expanded OHAPC along the eastern boundary was a historically important
rock shrimp fishing ground. Although the use of this area by the rock
shrimp fleet is variable and depends on environmental conditions,
industry representatives maintained that access to this narrow strip is
critical for the economic viability of the fleet during periods when
rock shrimp follow the Gulf Stream to the offshore side of the reef.
Rock shrimp fishermen requested adjustment of the proposed OHAPC
boundary expansion in Amendment 8 and provided coordinates for their
important fishing grounds in the area proposed for the expansion of the
OHAPC. Because this request from industry happened late in the
development of Coral Amendment 8, the Council determined that it did
not have sufficient time to evaluate the request, given concerns that
included verification of the provided coordinates, as well as data on
effort and yield of historic rock shrimp fishing in the proposed area.
Therefore, it was decided not to change the proposed expansion of the
OHAPC boundary contained in Coral Amendment 8, but instead to consider
the fishermen's request of a possible OHAPC boundary adjustment through
a new amendment to the Coral FMP.
In June 2020, the Council recommended the development of Amendment
10 to the Coral FMP (Coral Amendment 10) to consider options to create
a SFAA in the OHAPC that would allow rock shrimp access to a historical
fishing area. That action aligned with the Presidential Executive Order
(E.O.) on Seafood Competitiveness and Economic Growth to ``reduce
burdens on domestic fishing and to increase production within
sustainable fisheries'' for commercial fishermen who have lost access
to areas that had been traditionally fished (E.O. 13921; 85 FR 28471,
May 12, 2020). As discussed in Coral Amendment 10, the rock shrimp
portion of the shrimp fishery has been consistently operating well
below OY and maximum sustainable yield levels. The purpose of Coral
Amendment 10 was to increase the economic and social benefits to rock
shrimp fishermen by allowing access to historic rock shrimp fishing
grounds.
The Council recommended approval of Coral Amendment 10 at its
September 2021 meeting and submitted it to NMFS for Secretarial review
in December 2021. On July 28, 2022, NMFS, on behalf of the Secretary of
Commerce, disapproved Coral Amendment 10. Specifically, NMFS determined
that Coral Amendment 10 and supporting analyses did not adequately
demonstrate how the proposed action was consistent with section
303(a)(7) of the Magnuson-Stevens Act, which requires FMPs to minimize
to the extent practicable, the adverse effects of fishing on EFH, and
the goals and objectives of the Coral FMP, specifically in regard to
protection of EFH. Additionally, NMFS determined that Coral Amendment
10 did not demonstrate consistency with section 301(a)(9) of the
Magnuson-Stevens Act, which requires fishery conservation and
management measures to minimize bycatch to the extent practicable and,
to the extent bycatch cannot be avoided, minimize the mortality of such
bycatch. The Magnuson-Stevens Act allows a Council to submit a revised
amendment that addresses any identified deficiencies.
The Council developed Amendments 11/12 to address the deficiencies
identified in Coral Amendment 10. Amendments 11/12 incorporate updated
scientific data and analysis as well as amending the Shrimp FMP to
address the need to achieve OY in the rock shrimp fishery.
[[Page 59100]]
While Coral Amendment 10 originally proposed changes only to the
Coral FMP, Amendments 11/12 amend the Shrimp FMP as well to properly
manage the rock shrimp fishery's access to the proposed SFAA and to
ensure that fishery specific objectives, such as optimizing yield and
protecting the interests of traditional users in the rock shrimp
fishery. Furthermore, amending both the Coral and the Shrimp FMPs
ensures that the action to create an SFAA remains consistent with the
objectives of the Coral FMP to optimize the benefits generated from
coral resources while conserving the coral and minimizing adverse human
impacts on sensitive habitat.
The Council's Deep-water Shrimp Advisory Panel (AP) supported the
creation of an SFAA noting that shrimpers are experienced professionals
who use high-resolution navigation and VMS to avoid sensitive habitat.
The Deep-water Shrimp AP also noted that the area of the proposed SFAA
has a history of trawling for rock shrimp and that the industry relies
on a healthy reef ecosystem to support the shrimp population. However,
the Coral AP and the Habitat and Ecosystem AP both expressed concern
with the proposed SFAA and noted the risk of indirect damage of rock
shrimp trawling within the OHAPC from sedimentation plumes, stating
that fine particles stirred up by trawling can travel considerable
distances and potentially smother coral polyps or larvae.
During the development of Amendments 11/12, these conflicting AP
viewpoints on Amendment 10 were considered by the Council because the
coordinates for the SFAA proposed by Amendment 10 and Amendments 11/12
are identical. The Council ultimately recommended the implementation of
the SFAA, which is supported by new survey data and ongoing VMS
monitoring, finding that it provides the best balance between
historical rock shrimp fishing access and habitat protection. The
boundary of the proposed SFAA also includes a buffer between it and
known Oculina coral pinnacles to aid in decreasing potential
sedimentation impacts from bottom trawling. Amendments 11/12 address
the deficiencies of Coral Amendment 10 through inclusion of recent
scientific surveys in the OHAPC and analysis on EFH, bycatch and
habitat impacts as well as how the proposed action meet the objectives
of the FMPs. Two new surveys are incorporated into the record in
Amendments 11/12. In 2022, a NMFS Southeast Fisheries Science Center
visual survey using a towed camera system covered approximately 35
kilometers over an area that included the proposed SFAA and found no
evidence of live, dead, or rubble Oculina coral within the proposed
SFAA. Additionally, in April 2025, the NOAA Ship Nancy Foster completed
a high-resolution acoustic mapping expedition that included the area of
the proposed SFAA. This mapping data confirms that the proposed SFAA
consists of low-relief sandy and muddy bottoms, lacking the high-relief
mounds required to support Oculina colonies.
As part of Amendments 11/12, a bycatch practicability analysis
(BPA) was developed to identify bycatch and habitat impacts that were
not described in Coral Amendment 10. The BPA reviews rock shrimp
fishery observer data from 2018 through 2022 and documents that bycatch
in the rock shrimp fishery is primarily composed of non-managed
invertebrates. The occurrence of South Atlantic snapper-grouper species
managed by the Council and NMFS is negligible in any bycatch from the
rock shrimp fishery. The BPA also addresses the risk of sedimentation
on deep-water coral pinnacles. Based on the location of the proposed
SFAA which is approximately 360 to 1,580 meters away from known coral
pinnacles and the oceanographic currents in the area, this buffer is
expected to minimize the risk of sedimentation plumes impacts to
habitat to the extent practicable. The BPA also concludes the use of
specialized gear (Turtle Excluder Devices and Bycatch Reduction
Devices), which combined with the sandy and muddy-bottom location of
the SFAA, effectively minimizes bycatch mortality.
Action Contained in Amendments 11/12
Amendments 11/12 would establish an approximately 14.10 NM\2\ SFAA
along the eastern boundary of the northern extension of the OHAPC, in
an area where fishing for rock shrimp is currently prohibited. Within
the proposed SFAA, a shrimp vessel with a valid Federal limited access
commercial vessel permit for rock shrimp would be allowed to bottom
trawl for rock shrimp. All other existing restrictions in the OHAPC,
including the prohibitions on anchoring and the use of bottom longline,
dredge, pot, or trap gear, would continue to apply in the proposed SFAA
(50 CFR 622.224(b)(1)(i)). Current regulations which require the use of
a NMFS-approved VMS on a vessel for an owner or operator with a limited
access endorsement for South Atlantic rock shrimp or a commercial
vessel permit for rock shrimp in the South Atlantic Federal waters
would remain unchanged in the OHAPC and the proposed SFAA. Vessels are
required to maintain a VMS transmission rate of 1 position per 5
minutes when transiting through both area or fishing in the SFAA (50
CFR 622.205 and 50 CFR 622.224(b)(1)(i)(C)). The current transmission
rate is considered effective in monitoring fishing activity within and
near the OHAPC. Amendments 11/12 would also not change the current
transit provisions for rock shrimp vessels within the OHAPC. Under
these provisions, transit means a direct and non-stop continuous course
through the area, maintaining a minimum speed of 5 knots as determined
by an operating VMS and a VMS minimum ping rate of one ping per 5
minutes; fishing gear appropriately stowed means that doors and nets
are out of the water (50 CFR 622.224(b)(1)(i)(C)).
Proposed Rule for Amendments 11/12
A proposed rule to implement Amendments 11/12 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMPs, 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 submitted Amendments 11/12 for review, approval, and
implementation by the Secretary. Comments on Amendments 11/12 must be
received no later than November 17, 2026. Comments received during the
respective comment periods, whether specifically directed to Amendments
11/12 or the proposed rule, will be considered by NMFS in the decision
to approve, partially approve, or disapprove, Amendments 11/12.
Comments received after the comment periods will not be considered by
NMFS in this decision. All comments received by NMFS on Amendments 11/
12 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: September 15, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-19182 Filed 9-17-26; 8:45 am]
BILLING CODE 3510-22-P
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