Rule2026-19801
Fisheries of the Caribbean, Gulf of America, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Regulatory Amendment 36
Primary source
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Published
September 28, 2026
Effective
October 28, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement Regulatory Amendment 36 under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic (Snapper-Grouper FMP). This final rule revises the recreational vessel limits for gag and black grouper. Additionally, this final rule revises the transit storage requirements for commercial on-demand, also known as ropeless, black sea bass pots. The purpose of these regulatory changes is to increase biological benefits to the gag and black grouper stocks, and to allow more practical transit of vessels through certain gear restricted areas with on-demand black sea bass pots on board, consistent with mandates in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Full Text
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<title>Federal Register, Volume 91 Issue 186 (Monday, September 28, 2026)</title>
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[Federal Register Volume 91, Number 186 (Monday, September 28, 2026)]
[Rules and Regulations]
[Pages 61160-61162]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19801]
[[Page 61160]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 260923-0004]
RIN 0648-BN69
Fisheries of the Caribbean, Gulf of America, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Regulatory Amendment 36
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement Regulatory Amendment 36
under the Fishery Management Plan for the Snapper-Grouper Fishery of
the South Atlantic (Snapper-Grouper FMP). This final rule revises the
recreational vessel limits for gag and black grouper. Additionally,
this final rule revises the transit storage requirements for commercial
on-demand, also known as ropeless, black sea bass pots. The purpose of
these regulatory changes is to increase biological benefits to the gag
and black grouper stocks, and to allow more practical transit of
vessels through certain gear restricted areas with on-demand black sea
bass pots on board, consistent with mandates in the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
DATES: This final rule is effective on October 28, 2026.
ADDRESSES: Regulatory Amendment 36 includes a fishery impact statement
and regulatory impact review, and may be obtained from the Southeast
Regional Office website at <a href="https://www.fisheries.noaa.gov/action/regulatory-amendment-36-fishery-management-plan-snapper-grouper-fishery-south-atlantic">https://www.fisheries.noaa.gov/action/regulatory-amendment-36-fishery-management-plan-snapper-grouper-fishery-south-atlantic</a>. The unique identification number for the
environmental review for Regulatory Amendment 36 is: EAXX-006-48-1SE-
1743197928.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#b5c7dcd6de9bd1d0c3dcd6c1dac7f5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="e2908b8189cc8687948b81968d90a28c8d8383cc858d94">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS, in collaboration with the South
Atlantic Fishery Management Council (Council), manages the South
Atlantic snapper-grouper fishery, which includes gag, black grouper,
and black sea bass, in Federal waters under the Snapper-Grouper FMP.
The Snapper-Grouper FMP was prepared by NMFS and the Council, and is
implemented by NMFS through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
The Magnuson-Stevens Act requires that NMFS and regional fishery
management councils prevent overfishing and continually achieve the
optimum yield from federally managed fish stocks. These mandates are
intended to ensure that fishery resources are managed for the greatest
overall benefit to the Nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems. To further this goal, the Magnuson-Stevens Act also
requires fishery managers to minimize bycatch and bycatch mortality to
the extent practicable.
This framework action is implemented under the statutory authority
of the Magnuson-Stevens Act section 303(a)(1) as necessary and
appropriate for the conservation and management of the fishery, to
prevent overfishing and rebuild overfished stocks, and to promote the
long-term health and stability of the fishery.
Background
Amendment 53 to the Snapper-Grouper FMP and its implementing final
rule established vessel limits for gag and black grouper in the
private, and charter vessel and headboat (for-hire) components of the
recreational sector (88 FR 65135, September 21, 2023). Amendment 53
responded to the most recent stock assessment for South Atlantic gag,
Southeast Data, Assessment, and Review (SEDAR) 71, completed in 2021.
Based on the results of SEDAR 71, NMFS determined that the South
Atlantic gag stock is overfished and undergoing overfishing. Given the
substantial reduction in harvest that was needed to end overfishing of
gag immediately and to increase the likelihood of rebuilding the gag
stock, the Council recommended in Amendment 53, and NMFS implemented
through the final rule, recreational vessel limits for gag. The purpose
of establishing recreational vessel limits for gag was to continue to
allow some level of recreational retention while helping to constrain
harvest to the reduced recreational annual catch limit (ACL). Because
of their similar appearance, gag and black grouper are misidentified by
recreational fishermen. Because of this misidentification issue, and
the need to greatly reduce the harvest of gag to end overfishing and
rebuild the stock, the Council also recommended recreational vessel
limits for black grouper to indirectly benefit gag.
Specifically, the final rule established a private recreational
vessel limit for gag of two fish per vessel per day and a private
recreational vessel limit for black grouper of two fish per vessel per
day, not to exceed the daily recreational bag limit of one fish per
person per day, whichever is more restrictive. For recreational for-
hire vessels, the final rule established similar separate vessel limits
for gag and black grouper of two fish per vessel per trip, not to
exceed the daily bag limit of one fish per person per day, whichever is
more restrictive.
After NMFS implemented the final rule for Amendment 53, the Council
expressed interest in revising these regulations to establish an
aggregate vessel limit of two gag or black grouper in any combination,
rather than the separate, species-specific limits of two gag and two
black grouper per vessel, which could be up to four fish in total. The
Council determined that the aggregate vessel limits recommended in
Regulatory Amendment 36 would provide further biological benefits to
the gag and black grouper stocks when compared to the species-specific
vessel limits contained in Amendment 53 if it results in reduced
landings, and could reduce the rebuilding time for the gag stock. The
gag stock is currently in a rebuilding plan established through
Amendment 53 and is expected to be rebuilt by 2032.
Regulatory Amendment 36 and this final rule will also revise the
transit provisions in marine protected areas (MPAs) and spawning
special management zones (SMZs) for commercial fishermen with snapper-
grouper species and on-demand, or ropeless, black sea bass pots on
board. Traditional black sea bass pot fishing gear includes rope
attached to the pot and vertical end lines that stay in the water
column connected to surface buoys while the gear is deployed,
presenting an entanglement risk to protected marine species, such as
North Atlantic right whales. Both traditional roped and on-demand gear
in use comply with the same requirements for black sea bass pots (same
dimensions, mesh size, escape panels, etc.), and pots equipped with on-
demand gear are fished the same way as roped pots, in terms of soak
times, bait, etc. On-demand types of sea bass pot gear differ from
roped gear by storing buoys and their retrieval devices at depth, only
being deployed into the water column when fishermen are present to
retrieve the gear. Further adoption of on-demand gear by commercial
black sea bass fishermen using sea bass pots would be
[[Page 61161]]
expected to lower the probability of negative interactions with
protected marine species that may be vulnerable to entanglement in
black sea bass pots with traditional roped gear.
Currently, only commercial fishermen with a black sea bass pot
endorsement to the Federal commercial vessel permit for snapper-grouper
unlimited may fish for black sea bass using sea bass pots in the
Federal waters of the South Atlantic. There are MPAs and spawning SMZs
in South Atlantic Federal waters where commercial fishermen may not
fish for, harvest, or possess species in the snapper-grouper fishery
management unit. However, existing regulations allow commercial
fishermen to possess snapper-grouper species while in transit through
an MPA or spawning SMZ with a black sea bass pot on board and with
fishing gear appropriately stowed, requiring that the black sea bass
pots are not baited, and all buoys must be disconnected from the gear
but may remain on deck. Commercial fishermen that use on-demand black
sea bass pots have stated that the buoys attached to the pots are more
difficult to disconnect from on-demand gear than from traditional roped
gear, which makes compliance with the transit requirements more
burdensome. Therefore, to better accommodate commercial snapper-grouper
fishermen with on-demand gear on their vessels while promoting
potentially positive benefits to protected marine species through the
use of on-demand black sea bass pots, the Council developed Regulatory
Amendment 36 to allow buoys to remain connected to on-demand black sea
bass pot gear when vessels transit through MPAs and spawning SMZs if
on-demand black sea bass pots are not baited.
Management Measures Contained in This Final Rule
NMFS is implementing the following management measures in this
final rule.
Gag and Black Grouper Recreational Vessel Limits
This final rule establishes recreational vessel limits for gag and
black grouper as described earlier and as shown in table 1. This rule
establishes aggregate vessel limits of two fish of gag or black grouper
in any combination on a per day basis for fishermen on private
recreational vessels, and on a per trip basis for fishermen on
recreational for-hire vessels. These regulatory changes could have
beneficial biological effects to the gag and black grouper stocks if
they reduce landings of gag and black grouper, and could reduce the
rebuilding time for the gag stock.
Table 1--Bag and Vessel Limits by Recreational Component for Gag or
Black Grouper
------------------------------------------------------------------------
------------------------------------------------------------------------
Recreational harvest of gag or black
grouper.
------------------------------------------------------------------------
Recreational component...... Bag limit per angler Vessel limit with 2
or more anglers.
Private..................... 1 total per day..... 2 total per day.
For-hire.................... 1 total per day..... 2 total per trip.
------------------------------------------------------------------------
Note: The vessel limits apply only if there are two or more anglers on
the vessel.
As shown in table 1, the changes to the vessel limits do not change
the existing recreational bag limit for gag and black grouper. The
recreational bag limit is one gag or black grouper per person per day
on private vessels and on for-hire vessels. In the same manner as the
regulations currently apply, the more restrictive of either the bag
limits or the vessel limits will apply to the retention and landing of
recreationally harvested gag and black grouper. For example, if three
anglers are fishing on a private recreational vessel, the maximum
number of gag and black grouper combined that may be on the vessel and
landed will be two per day. In another example, if only one angler is
fishing on a private recreational vessel, the maximum number of either
gag or black grouper that may be on the vessel and landed will continue
to be one total per day.
Transiting With On-Demand Gear
This final rule revises the transit provisions in MPAs and spawning
SMZs for commercial fishermen with snapper-grouper species and on-
demand black sea bass pots on a vessel. Transit means the direct, non-
stop progression through an MPA or spawning SMZ. Currently, fishermen
may possess snapper-grouper species while in transit through an MPA or
spawning SMZ with on-demand (ropeless) or traditional (roped) black sea
bass pots on board if such fishing gear is appropriately stowed.
Fishing gear appropriately stowed currently means black sea bass pots
are not baited and all buoys must be disconnected from the gear but may
remain on deck. This rule modifies the definition of fishing gear
appropriately stowed to allow a vessel to transit through an MPA or
spawning SMZ with buoys connected to on-demand black sea bass pot gear
if the on-demand black sea bass pots are not baited. NMFS expects this
rule to reduce the burden on fishermen transiting through MPAs and
spawning SMZs with on-demand black sea bass pots and snapper-grouper
species on the vessel. The existing transit and stowage regulations
still apply to traditional roped pots; that is, buoys still need to be
removed from traditional roped pots when transiting through an MPA or
spawning SMZ, even if those pots are on the same vessel with on-demand
pots. This rule does not change regulations for transit through two
nearshore areas that are seasonally closed to commercial fishing with
black sea bass pots in November and April, and from December through
March (50 CFR 622.183(b)(6)(i) and (ii)).
Comments and Responses
NMFS received five comments on the proposed rule for Regulatory
Amendment 36. Two comments were from non-governmental organizations who
supported the revisions to the transit provisions for commercial
fishermen with on-demand black sea bass pots on a vessel. One comment
opposed changing the regulations generally but was not specific to
which measures; therefore, NMFS is not able to directly respond to this
comment. One comment received was not related to Regulatory Amendment
36 or the proposed rule and is, therefore, not responded to in this
final rule. NMFS addresses one comment that opposed an action in
Regulatory Amendment 36 and the proposed rule. NMFS made no changes
from the proposed rule as a result of public comment.
Comment 1: It is unfair to limit for-hire vessels (headboats) that
carry 40 or more people to 2 gag or black grouper per trip. These
vessels should have an exemption and a higher limit.
Response: NMFS has determined that the aggregate vessel limits for
gag and black grouper in Regulatory Amendment 36 and this final rule
will increase the biological benefits for these stocks when compared to
the previous species-specific vessel limits.
[[Page 61162]]
Additionally, this final rule could reduce the rebuilding time for the
overfished gag stock if these limits reduce landings of gag. NMFS
acknowledges the potential issues with implementing vessel limits on
headboats, which normally carry more anglers on each trip than charter
vessels. To potentially address this issue, the Council is developing
Regulatory Amendment 39 under the Snapper-Grouper FMP that considers
limits of snapper-grouper species, including gag and black grouper, on
headboats with more than six anglers on a trip.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with Regulatory Amendment 36, the Snapper-Grouper FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an Executive
Order 14192 regulatory action.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under Executive
Order 13175 is not required, and the requirements of sections (5)(b)
and (5)(c) of Executive Order 13175 also do not apply. A Tribal summary
impact statement under sections (5)(b)(2)(B) and (c)(2) of Executive
Order 13175 is not required and has not been prepared.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
The Senior Lead Counsel for Regulation of the Department of
Commerce certified to the Chief Counsel for Advocacy of the Small
Business Administration during the proposed rule stage that this action
would not have a significant economic impact on a substantial number of
small entities. The factual basis for the certification was published
in the proposed rule and is not repeated here. No comments were
received regarding this certification. As a result, a final regulatory
flexibility analysis is not required and none was prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Recreational, Snapper-grouper,
South Atlantic.
Dated: September 24, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF AMERICA, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 622.183 by:
0
a. Revising paragraph (a)(1)(ii)(E);
0
b. Adding paragraph (a)(1)(ii)(F);
0
c. Revising paragraph (a)(2)(vii)(E); and
0
d. Adding paragraph (a)(2)(vii)(F).
The revisions and additions read as follows:
Sec. 622.183 Area and seasonal closures.
(a) * * *
(1) * * *
(ii) * * *
(E) A crustacean trap or golden crab trap cannot be baited. All
buoys must be disconnected from the gear, although buoys may remain on
deck.
(F) A sea bass pot cannot be baited. For a sea bass pot fished with
a deployed vertical line or rope connected to a buoy, the buoy must be
disconnected from the gear, although the buoy may remain on deck. For a
sea bass pot fished without a deployed vertical line connected to a
buoy, referred to as an on-demand or ropeless sea bass pot, the buoy
may remain connected to the gear.
(2) * * *
(vii) * * *
(E) A crustacean trap or golden crab trap cannot be baited. All
buoys must be disconnected from the gear, although buoys may remain on
deck.
(F) A sea bass pot cannot be baited. For a sea bass pot fished with
a deployed vertical line or rope connected to a buoy, the buoy must be
disconnected from the gear, although the buoy may remain on deck. For a
sea bass pot fished without a deployed vertical line connected to a
buoy, referred to as an on-demand or ropeless sea bass pot, the buoy
may remain connected to the gear.
* * * * *
0
3. Amend Sec. 622.187 by revising paragraph (b)(2)(i) to read as
follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(i) No more than one fish may be a gag or a black grouper. However,
the bag limit for gag and black grouper for the captain or crew of a
vessel operating as a charter vessel or headboat is zero. In addition
to the bag limits specified in this paragraph (b)(2)(i), the vessel
limits in paragraphs (b)(2)(i)(A) and (B) of this section also apply to
gag and black grouper. In the event of a conflict between a bag limit
and vessel limit, the more restrictive limit will prevail.
(A) The vessel limit for gag and black grouper on a vessel
operating as a private recreational vessel is two fish per day in any
combination.
(B) The vessel limit for gag and black grouper on a vessel
operating as a charter vessel or headboat is two fish per trip in any
combination.
* * * * *
[FR Doc. 2026-19801 Filed 9-25-26; 8:45 am]
BILLING CODE 3510-22-P
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