Proposed Rule2026-19341
Fisheries of the Caribbean, Gulf of America, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Regulatory Amendment 37
Primary source
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Published
September 22, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS seeks public comment on proposed regulations to implement Regulatory Amendment 37 under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic (FMP). If implemented by NMFS, Regulatory Amendment 37 and this proposed rule would revise several management measures for black sea bass in South Atlantic Federal waters. The purpose of these proposed regulatory changes is to immediately address declining abundance and landings of black sea bass while stock assessment updates are completed and separate longer-term actions are developed.
Full Text
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<title>Federal Register, Volume 91 Issue 182 (Tuesday, September 22, 2026)</title>
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[Federal Register Volume 91, Number 182 (Tuesday, September 22, 2026)]
[Proposed Rules]
[Pages 60076-60080]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19341]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 260917-0005]
RIN 0648-BO36
Fisheries of the Caribbean, Gulf of America, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Regulatory Amendment 37
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 37 under the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic (FMP). If implemented by
NMFS, Regulatory Amendment 37 and this proposed rule would revise
several management measures for black sea bass in South Atlantic
Federal waters. The purpose of these proposed regulatory changes is to
immediately address declining abundance and landings of black sea bass
while stock assessment updates are completed and separate longer-term
actions are developed.
DATES: Written comments must be received on or before October 22, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-1651">https://www.regulations.gov/docket/NOAA-NMFS-2026-1651</a>. You may
submit comments on this document, identified by NOAA-NMFS-2026-1651, 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-2026-1651 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 Mary Vara, 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, 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 37, which includes an
environmental assessment, Regulatory Flexibility Act (RFA) analysis,
and regulatory impact review, may be obtained from the Southeast
Regional Office website at <a href="https://www.fisheries.noaa.gov/management-plan/south-atlantic-snapper-grouper-fishery-management-plan">https://www.fisheries.noaa.gov/management-plan/south-atlantic-snapper-grouper-fishery-management-plan</a>.
The unique identification number for the environmental review for
Regulatory Amendment 37 is EAXX-006-48-1SE-1776431448.
FOR FURTHER INFORMATION CONTACT: Mary Vara, telephone: 727-824-5305, or
email: <a href="/cdn-cgi/l/email-protection#bad7dbc8c394ccdbc8dbfad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="fb969a8982d58d9a899abb95949a9ad59c948d">[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 black sea bass, in
Federal waters under the FMP. The 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 Fishery Conservation
and Management Act (Magnuson-Stevens Act).
The Magnuson-Stevens Act requires that NMFS and the 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 and
bycatch mortality to the extent practicable.
This action is proposed under the statutory authority of the
Magnuson-Steven Act, section 303(a)(1)(A) 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.
All weights described in this proposed rule are in round weight.
The metric conversion for the imperial measurement used in this
document is
[[Page 60077]]
1 pound (lb) equals approximately 0.45 kilograms.
Background
The snapper-grouper fishery includes the South Atlantic stock of
black sea bass from 35[deg]15.19' N latitude, which is due east of Cape
Hatteras Light, North Carolina, southward to the Council's
jurisdictional boundary at the Florida Keys. Black sea bass occurring
in Federal waters north of 35[deg]15.19' N latitude is a separate
stock, which is managed under a different fishery management plan and
regulations. Regulatory Amendment 37 and this proposed rule apply to
South Atlantic black sea bass in Federal waters only and respond to
declines in stock abundance and landings.
South Atlantic black sea bass was previously listed as overfished
throughout the 2000s, a 10-year rebuilding plan was implemented in
2006, and the stock was rebuilt in 2013. Amendment 11 to the Snapper-
Grouper FMP set the existing maximum sustainable yield (MSY) based
proxies used to determine the overfishing and overfished status of
black sea bass based on the fishing mortality rate and spawning stock
biomass (SSB) that correspond with a reproductive capacity equal to 30
percent of the spawning potential ratio (SPR) of an unfished population
(SSB30%<INF>SPR</INF>). In 2018, NMFS determined, based on the stock
assessment completed the same year for South Atlantic black sea bass,
Southeast Data, Assessment, and Review (SEDAR 56), that the stock was
not undergoing overfishing and not overfished but was below the
threshold of the SSB that can produce long-term MSY. In 2023, SEDAR 76
was completed using data through 2021. SEDAR 76 concluded that the
stock was subject to overfishing and was overfished. Following the
assessment, NMFS recommended that the Council develop measures to
improve stock health, as well as a plan to rebuild the black sea bass
stock.
Due to concerns from the Council and its Scientific and Statistical
Committee (SSC) over assumptions of catch level projections in SEDAR
76, the SEDAR 76 Update was developed between 2023 and 2025. During
this time, in March 2024, the Council initiated development of
Amendment 56 to the FMP in preparation for catch level recommendations
from the SEDAR 76 Update. In 2025, the SEDAR 76 Update was completed
using data through 2023 and some additional modeling changes from SEDAR
76. The March 2025 SEDAR 76 Update found that the stock was overfished
and overfishing was occurring. The Council's SSC provided an acceptable
biological catch (ABC) recommendation, based on that update assessment.
After reviewing the assessment and related ABC recommendation, the
Council asked NMFS' Southeast Fisheries Science Center (SEFSC) to
further investigate and consider updating several data inputs,
including recreational catch estimates, which are expected to be
revised in 2026. In response, the SEFSC is revising the SEDAR 76 Update
assessment and is scheduled to bring these revisions before the SSC in
late 2026, after which the Council will receive ABC advice and updated
projections for longer-term advice. The Council paused work on
Amendment 56 pending completion of the assessment revisions.
While modifications to and subsequent review of the stock
assessment are being conducted, NMFS recognizes the persistent, strong
declines in biomass, abundance, fishery-independent indices, and
landings, as reflected in the SEDAR 76 Update. To limit this decline in
the short-term, the Council developed Regulatory Amendment 37 to: (1)
reduce directed fishing mortality, and (2) increase spawning output and
recruitment through a spawning season closure. NMFS has reviewed
Regulatory Amendment 37 and pursuant to 304(b)(1)(A) of the Magnuson-
Stevens Act now issues this proposed rule. To reduce directed fishing
mortality, this proposed rule would establish annual catch targets
(ACTs), revise AMs to limit commercial and recreational harvest to the
new ACTs, and lower the recreational bag limit. Additionally, black sea
bass and other winter spawning species in the South Atlantic such as
gag and scamp are experiencing recruitment declines. Therefore,
Regulatory Amendment 37 recommends that NMFS establish a seasonal
spawning closure for both the commercial and recreational sectors
during the months of February and March to protect spawning fish and
increase stock recruitment.
Management Measures Contained in This Proposed Rule
NMFS seeks public comment on the following proposed management
measures for black sea bass.
Commercial and Recreational ACTs
An ACL is the maximum amount of fish that can be harvested in a
given year and is set at a level intended to ensure overfishing does
not occur. An ACT is a management-focused target set below the ACL to
create a buffer against overharvesting and account for management
uncertainty. Currently, the South Atlantic black sea bass commercial
ACL is 276,490 lb, and the recreational ACL is 366,510 lb. There are no
sector ACTs currently in place for South Atlantic black sea bass. While
landings have not reached or exceeded the current ACLs since the 2018
assessment, the stock's abundance estimates have continued to trend
downward, indicating that fishing mortality needs to be lowered to
increase the SSB of the black sea bass stock. Therefore, if implemented
by NMFS, this proposed rule would establish commercial and recreational
ACTs below the ACLs and recent harvest levels. ACTs for each sector
would be set at 50 percent of the average annual landings for the 5
most recent years of available catch information as detailed in
Regulatory Amendment 37. The commercial ACT would be 48,557 lb and the
recreational ACT would be 63,143 lb.
Commercial Accountability Measures
The current in-season AM requires NMFS to close the commercial
season if landings of black sea bass are projected to reach the
commercial quota, which is equal to the commercial ACL, during a
fishing year. This proposed rule would revise the commercial AMs so
that the commercial season would close if NMFS projects that landings
will reach the proposed commercial ACT during a fishing year. The
current post-season AM to reduce the following year's commercial ACL by
the amount of any overage would not change.
Under the proposed commercial ACT and AM, a commercial in-season
closure could be triggered more frequently because the commercial ACT
is likely to be met earlier during the season than the current
commercial ACL. A commercial ACT set at 50 percent of recent landings
could increase the occurrence of in-season commercial closures. In the
short term, economic benefits would decrease. There could be long-term
economic benefits to the commercial industry through improvements to
the status of the black sea bass stock.
Recreational Accountability Measures
Under the current recreational AMs, NMFS sets the recreational
season length based on when landings are projected to reach the
recreational ACL and announces the end date for the recreational
fishing season in the Federal Register before the recreational fishing
year begins on April 1. This proposed rule would continue to require
that NMFS project and announce the recreational season length; however,
the
[[Page 60078]]
projection would be based on when NMFS estimates recreational landings
would reach the proposed recreational ACT.
Over the past 5 years, average recreational landings have only been
about one-half of the recreational ACL. Since the recreational sector
ACT is notably lower than the sector ACL currently in place, NMFS may
announce shorter seasons in the future. This would reduce recreational
landings relative to recent levels, which could be expected to reduce
fishing mortality from harvest of black sea bass. The proposed ACTs
would restrict landings which can result in decreased net economic
benefits if harvest decreases. However, in the long term, the ACTs may
contribute to improving the status of the black sea bass stock, which
would allow for long-term economic benefits.
Seasonal Spawning Closure
Currently, there are no commercial or recreational seasonal
spawning closures for black sea bass in or from South Atlantic Federal
waters south of Cape Hatteras, North Carolina. However, commercial
black sea bass pots are prohibited in certain areas from November 1
through April 30 to minimize gear interactions with migrating whales.
This proposed rule would establish a seasonal spawning closure for both
the commercial and recreational sectors during the months of February
and March. During the spawning closure, the commercial sale, purchase,
harvest, or possession of black sea bass in or from South Atlantic
Federal waters south of Cape Hatteras, North Carolina, would be
prohibited and the commercial trip limit would be zero. During the
closed months, the recreational harvest or possession of black sea bass
in or from South Atlantic Federal waters south of Cape Hatteras, North
Carolina, would be prohibited and the bag and possession limits would
be zero.
Spawning season closures are intended to protect and increase the
stock biomass by allowing fish to spawn without any fishing mortality
from harvest (though there may still be some fishing mortality from
fish that are caught and released). The months of February and March
were chosen because they overlap with the peak spawning season for
black sea bass (February-April), and closures for several other snapper
grouper species, some of which are caught with black sea bass, also
occur during these months. Including black sea bass in a closure with
other snapper-grouper species could reduce discards.
Recreational Bag Limit
The current recreational bag limit for black sea bass, which
applies to each person per day, is seven fish. This proposed rule would
reduce the recreational bag limit to three fish. The bag limit applies
to all anglers who harvest black sea bass from Federal waters south of
Cape Hatteras, North Carolina, and for anglers on federally permitted
charter and headboat vessels, regardless of whether black sea bass are
harvested from state or Federal waters. Constraining recreational
harvest by means of bag limits could result in positive long-term
biological benefits by reducing fishing mortality.
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 37, the FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the RFA. The IRFA describes the economic
impact this proposed rule, if adopted, would have on small entities. A
description of the action, why it is being considered, and the legal
basis for this action is contained in this SUPPLEMENTARY INFORMATION
section of the preamble. A summary of the IRFA follows. All monetary
estimates in the following analysis are in 2024 dollars. A copy of this
analysis is available from NMFS (see ADDRESSES).
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, record-
keeping, or other compliance requirements are introduced by this
proposed rule.
This proposed rule would implement the following measures for South
Atlantic black sea bass: (1) establish a commercial ACT of 48,557 lb
and a recreational ACT of 63,143 lb; (2) revise the in-season AM for
the commercial sector, such that if NMFS estimates that commercial
landings will reach the commercial quota, set at the proposed
commercial ACT, during a fishing year NMFS will close the commercial
harvest for the remainder of the fishing year; (3) revise the in-season
AM for the recreational sector, such that NMFS will project the length
of the recreational fishing season based on when NMFS estimates the
proposed recreational ACT will be met and announce the recreational
fishing season end date in the Federal Register prior to the start of
the recreational fishing year begins on April 1; (4) establish a
commercial seasonal closure from February 1 through March 31 during
which commercial sale, purchase, harvest, or possession of black sea
bass in or from South Atlantic Federal waters south of Cape Hatteras,
North Carolina, is prohibited and the commercial trip limit is zero;
(5) establish a recreational seasonal closure from February 1 through
March 31 during which recreational harvest or possession of black sea
bass in or from South Atlantic Federal waters south of Cape Hatteras is
prohibited and the bag limit is zero; and (6) reduce the recreational
bag limit from seven to three fish per person per day.
Action 1 would apply to all commercial fishing businesses, for-hire
fishing businesses, and recreational anglers that fish for black sea
bass in Federal waters of the South Atlantic. Actions 2 and 4 would
only apply to commercial fishing businesses. Finally, actions 3, 5, and
6 would only apply to for-hire fishing businesses and recreational
anglers. None of the proposed changes would directly apply to federally
permitted dealers. Any change in the supply of black sea bass available
for purchase by dealers as a result of the proposed rule, and
associated economic effects, would be an indirect effect of the
proposed rule and would therefore 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
(5 U.S.C. 601(3)-(6)). Recreational anglers are not businesses,
organizations, or governmental jurisdictions, so they are outside the
scope of this analysis.
Any fishing vessel that harvests and sells any of the snapper-
grouper species from South Atlantic Federal waters must have a valid
South Atlantic commercial snapper-grouper permit, which is a limited
access permit. In 2024, there were 508 valid or renewable South
Atlantic snapper-grouper unlimited permits and 86 valid or renewable
225-lb (102-kg) trip-limited permits. On average from 2019 through
2023, there were 148 federally permitted commercial vessels with
reported landings of South Atlantic black sea
[[Page 60079]]
bass. Ex-vessel revenue from landings of black sea bass averaged
$291,690 during this period, representing 2.9 percent of total ex-
vessel revenue for the vessels that harvested black sea bass. The
average total revenue per vessel from 2019 through 2023 was $67,329.
For commercial vessels that harvest black sea bass in the South
Atlantic, NMFS estimates that economic profits are -$1,279 or -1.9
percent of annual gross revenue, on average. However, a negative
economic profit does not automatically mean a vessel is losing money,
running a negative cash flow, or operating at an accounting loss.
Standard accounting tracks real cash coming in and going out. Economic
profit goes a step further by including implicit costs, such as the
unpaid value of the owner's time compared to what they could earn in
their next best alternative. A negative economic profit simply means
the business owner is earning less than they theoretically might in a
different job or investment. The maximum annual revenue from all
species reported by a single vessel that harvested black sea bass from
2019 through 2023 was $445,119.
Although this proposed rule would apply to for-hire vessels, it
would not be expected to have any direct effects on these entities.
From 2019 through 2023, there were an average of 3,918 charter vessels
that targeted black sea bass in the South Atlantic, which accounts for
just under 3 percent of all recreational target trips for black sea
bass. In contrast, an average of 45,952 charter vessel trips had
landings of black sea bass from 2019 through 2023 (almost 12 times the
number of target trips). This indicates that black sea bass are an
incidentally harvested species and for-hire vessels do not typically
sell targeted trips for these fish. Therefore, NMFS does not expect the
proposed changes to the black sea bass management measures 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, secondary to any direct effect on anglers and, therefore, an
indirect effect of the proposed rule. This indirect effect would fall
outside the scope of the RFA. In summary, only the impacts on
commercial fishing businesses will be discussed.
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.
As stated earlier, this proposed rule would establish a commercial
ACT of 48,557 lb and would revise the in-season AM for the commercial
sector, such that if NMFS estimates that commercial landings will reach
the commercial quota, set at the proposed commercial ACT, during a
fishing year NMFS will close the commercial harvest of black sea bass
for the remainder of the fishing year. Currently, the commercial AMs
are triggered if NMFS estimates that landings during a fishing year
will reach the commercial ACL of 276,490 lb. When taken together, the
proposed commercial ACT and revisions to the commercial AM would result
in a reduction in landings of 41,150 lb and a reduction in ex-vessel
revenue of $155,959 annually relative to the status quo, as based on
average commercial landings from 2019 through 2023. Divided by the
average number of vessels that harvested black sea bass from 2019
through 2023, this results in an annual decrease in ex-vessel revenue
of $1,054 per vessel (approximately 1.6 percent of average annual per
vessel gross revenue). Based on the assumed -1.9 percent economic
profit rate for black sea bass vessels, average annual economic profits
per vessel would increase by $20. In practical terms, because
harvesting less fish reduces operating expenses (including implicit
costs), the resulting cost savings would slightly outweigh the lost
sales revenue. Individual fishing businesses, however, may experience
varying levels of economic effects, depending on their fishing
practices, operating characteristics, and profit maximization
strategies.
Additionally, the proposed rule would establish a commercial
seasonal closure from February 1 through March 31 during which the
commercial sale, purchase, harvest, or possession of black sea bass in
or from South Atlantic Federal waters south of Cape Hatteras, North
Carolina, would be prohibited and the commercial trip limit would be
zero. Although this closure would reduce commercial fishing
opportunities during the year, overall landings would still be expected
to achieve the proposed ACT and thus no additional negative economic
effects are estimated.
The following discussion describes the significant alternatives to
the proposed rule that were not selected by NMFS.
One alternative, the no action alternative, was considered for the
proposed action to establish a commercial ACT of 48,557 lb and a
recreational ACT of 63,143 lb for South Atlantic black sea bass. This
alternative would not establish ACTs and the harvest of black sea bass
would continue to be managed under the existing total and sector ACLs,
which have not been fully harvested by either sector for several years
and presumably would continue to not be fully utilized. Thus, there
would be no change in economic benefits to commercial fishing
businesses under this alternative. This alternative was not selected
because the benefits of reducing fishing mortality and increasing black
sea bass population levels through implementation of the proposed ACTs
would outweigh the costs of the associated reduction in harvest.
One alternative, the no action alternative, was considered for the
proposed action to revise the commercial AMs such that if NMFS
estimates that commercial landings of South Atlantic black sea bass
will reach the commercial quota, set at the proposed commercial ACT,
NMFS will close the commercial harvest of black sea bass for the
remainder of the fishing year. This alternative would not revise the
AMs and therefore an in-season closure would be triggered when landings
are estimated to reach the ACL during a fishing year, as opposed to the
proposed ACT. Because this alternative would not modify existing
management measures, it would not be expected to alter current harvest
levels or result in economic effects relative to the status quo. This
alternative was not selected because the proposed revisions to the
commercial AMs are required for the proposed ACT to be effective at
reducing fishing mortality of black sea bass. Absent the revisions to
the AMs, the proposed ACT would be unenforceable.
Finally, one alternative and two sub-alternatives were considered
for the proposed action to establish a commercial seasonal closure for
black sea bass in or from South Atlantic Federal waters south of Cape
Hatteras, North Carolina during February 1 through March 31. The first
alternative, the no action alternative, would not implement a seasonal
spawning closure for black sea bass and would therefore not affect
commercial harvest or result
[[Page 60080]]
in direct economic effects. This alternative was not selected because
it forgoes the benefits of a spawning closure, specifically, increased
reproduction and recruitment necessary to restore the black sea bass
stock biomass to a level that would allow for MSY.
The first sub-alternative to the proposed action to implement a
February 1 through March 31 commercial seasonal closure for black sea
bass in or from South Atlantic Federal waters south of Cape Hatteras
would establish a commercial seasonal closure from January 1 through
January 31 in the same area as the proposed spawning closure. The
second sub-alternative would establish a commercial seasonal closure
from April 1 through April 30 in the same area as the proposed spawning
closure. These sub-alternatives were considered both individually and
in combination with the proposed seasonal closure, such that the
closure could occur during any combination of the months from January
through April. Considered individually, each sub-alternative would not
be expected to result in economic effects because total harvest would
be the same as under the proposed seasonal closure and capped at the
proposed ACT. If these sub-alternatives were combined with the proposed
seasonal closure, they could result in a reduction in landings, ex-
vessel revenue, and economic profits relative to the status quo, should
a portion of the commercial ACT go unharvested. However, even if all of
January through April were closed, effort could still shift to open
harvest months, which would eliminate or reduce such losses. Quantified
effects estimates for such combinations of closed months are not
available. Neither of the two sub-alternatives were selected because
the proposed February 1 through March 31 seasonal closure would best
balance the benefits of spawning protection with the needs of the
commercial sector to maintain access to the fishery during critical
times of the year, especially January.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Recreational, Snapper-grouper,
South Atlantic.
Dated: September 17, 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 adding paragraph (b)(12) to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(12) Black sea bass spawning season closure. The commercial and
recreational harvest, possession, sale, or purchase of black sea bass
in or from the South Atlantic EEZ is prohibited each year from February
1 through March 31. As specified by table 1 to Sec. 622.1, footnote 2,
commercial and recreational management of black sea bass in the South
Atlantic EEZ applies south of 35[deg]15.19' N latitude, the latitude of
Cape Hatteras Light, North Carolina.
0
3. Amend Sec. 622.187, by revising paragraph (b)(7) to read as
follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(7) Black sea bass--3.
* * * * *
0
4. Amend Sec. 622.190, by revising paragraph (a)(5) to read as
follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(5) Black sea bass--41,150 lb (18,665 kg) in gutted weight or
48,557 lb (22,025 kg) in round weight.
* * * * *
0
5. Amend Sec. 622.193, by revising the section heading and by revising
paragraph (e) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
* * * * *
(e) Black sea bass--(1) Commercial sector. (i) The commercial ACL
is 234,314 lb (106,283 kg) in gutted weight or 276,490 lb (125,414 kg)
in round weight.
(ii) The commercial ACT is set equal to the commercial quota
specified in Sec. 622.190(a)(5).
(iii) If NMFS estimates that commercial landings will reach the
commercial quota specified in Sec. 622.190(a)(5) during the fishing
year, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for the remainder of the
fishing year.
(iv) If commercial landings exceed the commercial ACL specified in
paragraph (e)(1)(i) of this section during the fishing year, the AA
will file a notification with the Office of the Federal Register, at or
near the beginning of the following fishing year to reduce the
commercial ACL for that following year by the amount of the commercial
ACL overage in the prior fishing year, unless NMFS determines that no
overage adjustment is necessary based on the best scientific
information available.
(2) Recreational sector. (i) The recreational ACL is 310,602 lb
(140,887 kg) in gutted weight or 366,510 lb (166,246 kg) in round
weight.
(ii) The recreational ACT is 53,511 lb (24,272 kg) in gutted weight
or 63,143 lb (28,641 kg) in round weight.
(iii) NMFS will project the length of the recreational fishing
season based on when NMFS projects the recreational ACT specified in
paragraph (e)(2)(ii) of this section is expected to be met and announce
the recreational fishing season end date in the Federal Register prior
to the start of the recreational fishing year on April 1. On and after
the effective date of the recreational closure notification, the bag
and possession limits for black sea bass in or from the South Atlantic
EEZ are zero. The bag and possession limits apply in the South Atlantic
on a vessel for which a valid Federal charter vessel/headboat permit
for South Atlantic snapper-grouper has been issued, and applies to such
species harvested in state or Federal waters.
* * * * *
[FR Doc. 2026-19341 Filed 9-21-26; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 22, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.