Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 59, 3160-3170 [2025-00552]
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3160
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Proposed Rules
(Government-to-Government Relations
With Native American Tribal
Governments; 59 FR 22951, May 4,
1994), E.O. 13175 (Consultation and
Coordination With Indian Tribal
Governments), the President’s
memorandum of November 30, 2022
(Uniform Standards for Tribal
Consultation; 87 FR 74479, December 5,
2022), and the Department of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
federally recognized Tribes and Alaska
Native Corporations (ANCs) on a
government-to-government basis. In
accordance with Secretary’s Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
Tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to Tribes.
We have communicated with the
Miccosukee Tribe of Indians and the
Common name
Seminole Tribe of Florida for the
Florida manatee. There are no federally
recognized Tribes within the range of
the Antillean manatee. We will continue
to work with Tribal entities during the
development of a final listing rule for
the Florida manatee.
References Cited
A complete list of references cited in
this proposed rule is available on the
internet at https://www.regulations.gov
and upon request from the Florida
Ecological Services Field Office (Florida
manatee) and Caribbean Ecological
Services Field Office (Antillean
manatee) (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this proposed
rule are the staff members of the Fish
and Wildlife Service’s Species
Assessment Team and the Florida and
Caribbean Ecological Services Field
Offices.
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations,
as set forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
2. In § 17.11, in paragraph (h), amend
the List of Endangered and Threatened
Wildlife under MAMMALS by adding,
in alphabetical order, entries for
‘‘Manatee, Antillean’’ and ‘‘Manatee,
Florida’’, and removing the entry for
‘‘Manatee, West Indian’’, to read as
follows:
■
*
Endangered and threatened species,
Exports, Imports, Plants, Reporting and
Where listed
Proposed Regulation Promulgation
§ 17.11 Endangered and threatened
wildlife.
List of Subjects in 50 CFR Part 17
Scientific name
recordkeeping requirements,
Transportation, Wildlife.
*
*
(h) * * *
*
*
Listing citations and
applicable rules
Status
MAMMALS
*
Manatee, Antillean .............
Manatee, Florida ................
*
*
*
Trichechus manatus
manatus.
Trichechus manatus
latirostris.
*
BILLING CODE 4333–15–P
National Oceanic and Atmospheric
Administration
50 CFR Parts 622
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[Docket No. 250107–0004]
RIN 0648–BN31
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Amendment 59
National Marine Fisheries
Service (NMFS), National Oceanic and
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NMFS proposes regulations to
implement Amendment 59 to the
Fishery Management Plan (FMP) for the
Snapper-Grouper Fishery of the South
Atlantic (Snapper-Grouper FMP)
(Amendment 59). If approved,
Amendment 59 and this proposed rule
would, for South Atlantic red snapper:
revise the fishing mortality (F) at
maximum sustainable yield (MSY)
proxy for determining overfishing,
acceptable biological catch (ABC), sector
annual catch limits (ACLs), fishing year,
sector fishing season start dates,
recreational fishing season structure,
commercial trip limits, and establish an
annual experimental studies program.
Additionally, Amendment 59 and this
SUMMARY:
DEPARTMENT OF COMMERCE
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[Federal Register citation when published as a final rule].
[Federal Register citation when published as a final rule].
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; notice of
availability of a fishery management
plan amendment; request for comments.
[FR Doc. 2025–00467 Filed 1–13–25; 8:45 am]
AGENCY:
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Wherever found .................
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Martha Williams,
Director, U.S. Fish and Wildlife Service.
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Wherever found .................
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proposed rule would establish a
snapper-grouper discard reduction
season in South Atlantic Federal waters.
This action is intended to end and
prevent overfishing of red snapper
while reducing dead discards and
providing additional fishing
opportunities.
Submit comments on this
combined proposed rule and notice of
availability of an FMP amendment on or
before March 17, 2025.
ADDRESSES: A plain language summary
of this proposed rule is available at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0142. You may
submit comments on this document,
identified by [NOAA–NMFS–2024–
0142], by either of the following
methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Visit
DATES:
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https://www.regulations.gov and type
[NOAA–NMFS–2024–0142], in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
• Mail: Submit written comments to
Nikhil Mehta, Southeast Regional
Office, NMFS, 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 a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 59,
which includes an environmental
impact statement (EIS), regulatory
impact review, and a regulatory
flexibility analysis, may be obtained
from the Southeast Regional Office
website at https://
www.fisheries.noaa.gov/action/
secretarial-amendment-fisherymanagement-plan-snapper-grouperfishery-south-atlantic-region.
The unique identification number for
the EIS for Amendment 59 is: EISX–
006–48–1SE–1726732992.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, telephone: 727–824–
5305, or email: nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the South Atlantic Fishery Management
Council (Council) manage the South
Atlantic snapper-grouper fishery, which
includes red snapper, in the South
Atlantic exclusive economic zone (EEZ)
under the Snapper-Grouper FMP. The
Snapper-Grouper FMP was prepared by
the Council, approved by the Secretary
of Commerce (Secretary), 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).
On October 9, 2024, NMFS published
a notice of intent to prepare an EIS for
Amendment 59 in the Federal Register
and requested public comment (89 FR
81892).
This document serves as both the
proposed rule and the notice of
availability for Amendment 59, which is
a Secretarial Amendment to the
Snapper-Grouper FMP.
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Unless otherwise noted, all weights
are described in whole weight.
Authority for Action
The Magnuson-Stevens Act authorizes
the Secretary to prepare an amendment
necessary for the conservation and
management of a fishery managed under
the Snapper-Grouper FMP if NMFS
determines that the Council has failed to
develop and submit such an amendment
to the Secretary after a reasonable
period of time (section 304(c)(1)(A); 16
U.S.C. 1854(c)(1)(A)). As discussed
below, because the Council has failed to
take action to develop and submit
measures to the Secretary to end and
prevent overfishing of South Atlantic
red snapper, NMFS, acting for the
Secretary, developed Amendment 59
and its implementing regulations in this
proposed rule.
As described in Amendment 59, the
proposed actions would revise the FMSY
proxy (Fproxy) for determining
overfishing of red snapper, revise the
red snapper ABC, revise the red snapper
total and sector ACLs, establish a
snapper-grouper discard reduction
season in the South Atlantic EEZ, revise
the red snapper commercial trip limit,
modify the red snapper commercial and
recreational fishing season start dates,
revise the red snapper recreational
fishing season structure, establish a red
snapper annual experimental studies
program, and revise the red snapper
fishing year.
NMFS is soliciting public comments
on Amendment 59 and on this proposed
rule. All relevant written comments
received by the end of the comment
period for this action (see DATES),
whether specifically directed to the
proposed Snapper-Grouper FMP
amendment or the implementing
regulations, will be considered by
NMFS in deciding whether to adopt and
implement Amendment 59.
South Atlantic Red Snapper
Background
In 2021, a stock assessment for red
snapper was completed (Southeast Data,
Assessment, and Review 73, [SEDAR 73,
2021]) and indicated that red snapper
remains overfished and undergoing
overfishing, but the stock was making
adequate progress towards rebuilding.
In July 2021, NMFS sent a letter to the
Council notifying it of the results of the
stock assessment and the MagnusonStevens Act requirements to end
overfishing. NMFS further explained at
subsequent Council meetings that
although the red snapper stock was
rebuilding and the existing rebuilding
plan did not need to be revised, the
Council needed to take action to end
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overfishing of red snapper. Subsequent
to the stock status notification of July
2021, the Council developed Regulatory
Amendment 35 to the Snapper-Grouper
FMP (Regulatory Amendment 35)
which, if implemented, would have
reduced the catch levels of red snapper
and specified gear requirements for
reducing discards, but would not have
ended overfishing. After taking final
action to approve Regulatory
Amendment 35 at their March 2023
meeting, the Council rescinded its final
action to submit Regulatory Amendment
35 to NMFS for implementation at its
December 2023 meeting. Since that
time, the Council has taken no further
action under the Magnuson-Stevens Act
to end overfishing of red snapper. As a
result, on June 14, 2024, NMFS
implemented temporary interim
measures for red snapper to reduce
overfishing by reducing the catch limits
for the 2024 red snapper commercial
and recreational fishing seasons, and
these measures were effective through
December 11, 2024 (89 FR 50350).
In the past 2 years, NMFS has been
sued three times for the continued
overfishing of South Atlantic red
snapper. On August 22, 2024, a Federal
District Court approved a settlement
agreement between NMFS and the
plaintiffs in one of these lawsuits. The
settlement agreement requires NMFS to
submit to the Federal Register by June
6, 2025, a final rule implementing a
Secretarial Amendment to end red
snapper overfishing. However, a
Secretarial Amendment would not be
required if the Council takes action to
end overfishing and NMFS approves
and submits a final rule to the Federal
Register to implement the Council’s
action on or before June 6, 2025.
NMFS completed an update of the
SEDAR 73 (2021) assessment in
December 2024 using data through 2023
(SEDAR 73 Update Assessment [2024]).
The updated assessment indicated that
the stock is still experiencing
overfishing relative to the Council’s
current fishing mortality threshold, but
could continue to rebuild on schedule if
fished at a higher fishing mortality rate
given above-average recruitment of
younger fish in recent years. The stock
is still rebuilding, but it is no longer
overfished because the red snapper
spawning stock biomass is greater than
the minimum stock size threshold
(MSST). However, because the stock
size has not reached the rebuilding
target level specified in the rebuilding
plan, red snapper will continued to be
managed under the rebuilding plan. The
rebuilding target level is the
reproductive capacity of the red snapper
population at 30 percent of the
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spawning potential ratio (SPR) of an
unfished population [30%SPR]).
Most of the red snapper fishing
mortality is attributed to dead discards
in the recreational sector. The
recreational sector consists of both
private recreational anglers and charter
vessels and headboats (for-hire).
Recreational fishermen discard red
snapper both during the directed red
snapper recreational open fishing
season and during the closed
recreational season while fishers are
targeting snapper-grouper species that
co-occur with red snapper. As described
in Amendment 59, approximately 98
percent of all red snapper discard
mortalities during 2021–2023 were from
the recreational sector (SEDAR 73
Update 2024). The current level of
discards is resulting in less younger
fish, which are more abundant,
surviving to the older ages necessary to
sustain the population in the long term,
particularly if recruitment decreases
back to more historical levels.
Additionally, the high level of mortality
from discards is reducing and limiting
the amount of landed catch.
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Management Measures Contained in
the Proposed Rule
For red snapper, this proposed rule
would revise the commercial and
recreational ACLs, the fishing year, the
commercial and recreational sector
fishing season start dates, the
recreational fishing season structure,
and the commercial trip limits.
Additionally, the proposed rule would
establish a snapper-grouper discard
reduction season in the South Atlantic
EEZ.
Red Snapper Commercial and
Recreational ACLs
The Council developed Amendment
43 to the Snapper-Grouper FMP
(Amendment 43) in 2018 and specified
the current total ACL of 42,510 fish
based on landings observed during the
limited red snapper season in 2014 (83
FR 35428, July 26, 2018). The total ACL
is divided between the sectors, using the
current sector allocation ratio for red
snapper in the Snapper-Grouper FMP of
28.07 percent commercial and 71.93
percent recreational. This results in the
commercial ACL of 124,815 pounds (lb)
(56,615 kilograms (kg)) and the
recreational ACL of 29,656 fish. The
commercial sector ACL is set in pounds
of fish because the commercial sector
reports landings in weight, and weight
is a more accurate representation of
commercial landings. The ACL for the
recreational sector is specified in
numbers of fish because numbers of fish
are a more reliable estimate for the
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recreational sector than specifying the
ACL in weight of fish.
As discussed later in this proposed
rule, Amendment 59 would increase the
total ACL to 500,000 fish (139,000 fish
as landings and 361,000 fish as dead
discards). Using the current sector
allocation ratio of 28.07 percent
commercial and 71.93 percent
recreational, the proposed rule would
specify a commercial ACL of 346,000 lb
(156,943 kg), and a recreational ACL of
85,000 fish. The proposed ACL
increases are based on the proposed
ABC that resulted from the SEDAR 73
Update Assessment (2024), and based
on the new management measures in
this proposed rule for the commercial
and recreational sectors to reduce dead
discards. The proposed ABC is eight
percent below the overfishing limit
(OFL) to account for scientific
uncertainty. The total ACL is reduced
by two percent from the ABC.
Management measures such as the
commercial and recreational fishing
seasons, the commercial trip limit, and
the discard reduction season are
intended to constrain catches to at or
below the sector ACLs.
Red Snapper Fishing Year
The current fishing year for South
Atlantic red snapper is January 1
through December 31 (50 CFR 622.7).
The fishing year aligned with the
calendar year is consistent with many
snapper-grouper species managed by
NMFS and the Council. The fishing year
applies to both the commercial and
recreational sectors. This proposed rule
would revise the fishing year to be May
1 through April 30, annually and would
also apply to both sectors. This change
is intended to improve consistency in
when red snapper catches are accounted
for given the timing of the
implementation of the proposed new
management measures, and it would
align with the proposed commercial red
snapper season opening and the
opening of the fishing season for
shallow-water grouper on May 1, which
are under a spawning season closure
from January through April, and are a
group of snapper-grouper species
commonly caught with red snapper.
Red Snapper Commercial Fishing
Season
The current commercial season begins
on the second Monday in July, unless
otherwise specified. The commercial
accountability measures (AMs) require
the sector to close for the remainder of
the fishing year if commercial landings
reach or are projected to reach the
commercial ACL.
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For the 2025–2026 fishing year, the
start of the commercial fishing season
would remain the same and begin on
the second Monday in July. Beginning
with the 2026–2027 fishing year, this
proposed rule would change the start of
the commercial fishing season to begin
annually on May 1. The commercial AM
would not change as a result of this
proposed rule.
As previously discussed, the change
of the commercial fishing season to
open on May 1 would align with the
opening of the shallow-water grouper
fishing season on May 1. Shallow-water
grouper are under a spawning season
closure from January through April, and
are commonly caught with red snapper.
NMFS expects the change in the
commercial fishing season would help
reduce the discards of red snapper by
allowing fishermen to retain red
snapper while fishing for co-occurring
species. NMFS determined that given
the timing of this rulemaking for
Amendment 59, changing the
commercial start date for the 2025–2026
fishing year is not practicable.
Red Snapper Recreational Fishing
Season
The current recreational season,
which consists of weekends only
(Fridays, Saturdays, and Sundays),
begins on the second Friday in July,
unless otherwise specified. NMFS
projects the length of the recreational
fishing season and announces the
recreational fishing season end date in
the Federal Register. The Regional
Administrator (RA) also has the
authority to change the red snapper
recreational season opening and closing
dates based on certain adverse weather
conditions. Currently, if the RA
determines tropical storm or hurricane
conditions exist, or are projected to
exist, in the South Atlantic during a
fishing season, the RA may modify the
opening and closing dates of the fishing
season by filing a notification to that
effect with the Office of the Federal
Register and announcing via NOAA
Weather Radio and a Fishery Bulletin
any change in the dates of the red
snapper fishing season.
For the 2025–2026 fishing year, this
proposed rule would change the start of
the recreational fishing season to begin
on the second Saturday in July, unless
otherwise specified. This proposed rule
would define a recreational season
weekend as being Saturday and Sunday
only, and not include Friday. Beginning
in the 2026–2027 fishing year, the
recreational season would begin on the
second Saturday in June, unless
otherwise specified, consist of
weekends only, and define a
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recreational season weekend as being
Saturday and Sunday only. During any
announced recreational fishing season,
the recreational bag limit would remain
at one fish per person. Additionally, this
proposed rule would revise the current
authority of the RA to modify the
fishing season dates, including off a
specific South Atlantic state (see 50 CFR
622.2 for these state definitions), for
adverse weather conditions. The
proposed rule would provide the RA
greater flexibility to modify the
recreational fishing season dates in case
of adverse weather that is classified by
the National Weather Service (NWS) at
least as severe as a Small Craft
Advisory. For the South Atlantic, the
NWS defines a Small Craft Advisory as
sustained winds of 20 to 33 knots (10 to
17 meters/second), and/or forecast seas
of 7 feet (2.1 meters) or greater that are
expected for more than 2 hours (https://
weather.gov/marine/cwd). Specifically,
the RA may modify the opening and
closing dates of the recreational fishing
season, or reopen the season at a later
date, if the RA determines that
conditions that result in weather at least
as severe as a Small Craft Advisory
exist, or are projected to exist, during
the announced recreational season in
the South Atlantic. In such
circumstances, the RA would file a
notice to change the recreational season
dates with the Office of the Federal
Register and announce it via NOAA
Weather Radio and a Fishery Bulletin.
NMFS has determined that this would
help mitigate derby-style (race-to-fish)
conditions in such adverse weather and
is also being implemented to be
consistent with Magnuson-Stevens Act
National Standard 10 to promote safety
of life at sea to the extent practicable.
The current weather flexibility authority
of the RA for the commercial sector
would not change as a result of this
proposed rule since the commercial
sector is not confined to only fishing on
weekends.
The proposed changes to the
recreational fishing season are expected
to increase recreational access to red
snapper and increase the number of
fishing days available for recreational
fishers by aligning the fishing days with
the days when fishers are not usually at
work, and starting the season earlier in
the summer when adverse weather
conditions from the hurricane season
are less likely to occur in the South
Atlantic. Additionally, by extending the
recreational fishing season over more
weekends, there may be a benefit to
safety at sea by spreading out fishing
effort over a longer period of time and
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thereby minimizing the impact of any
specific period of adverse weather.
Red Snapper Commercial Trip Limit
The current commercial trip limit
during the commercial red snapper
season is 75 lb (34 kg), gutted weight.
This proposed rule would increase the
commercial trip limit to 150 lb (68 kg),
gutted weight, during a commercial
fishing season. The proposed increase in
the trip limit, in combination with the
proposed increase in the commercial
ACL, is projected to double the number
of available days the commercial sector
would be able to fish for red snapper,
although as described in Amendment
59, a commercial in-season closure is
still expected. The increased trip limit,
in conjunction with the proposed
increase to the commercial ACL is
expected to increase economic
efficiency and reduce discards given the
longer commercial fishing season and
greater amounts of fish that can be
retained. The proposed ACLs and
existing commercial AMs are expected
to prevent the proposed commercial
ACL from being exceeded during the
fishing year.
Snapper-Grouper Discard Reduction
Season
Amendment 59 would establish a
discard reduction season for the South
Atlantic snapper-grouper recreational
sector, which is expected to reduce dead
discards of red snapper by at least 24
percent from current levels. Coast-wide,
recreational dead discards represent the
primary source of mortality for red
snapper (98 percent of all discard
mortality), and catch estimates off
Florida alone accounted for 87 percent
of the South Atlantic dead discards
during 2021–2023. Selection of this area
allows the target reduction in dead
discards to be achieved, while
minimizing the geographic size and
temporal scope of the area in South
Atlantic waters. In the area described
below, from January 1 through the end
of February and from December 1
through December 31, annually, (i.e.
from December through February) no
private recreational or for-hire
fisherman would be allowed to fish for,
harvest, or possess a species in the
South Atlantic snapper-grouper fishery
management unit (FMU) from the South
Atlantic EEZ that were harvested with
hook-and-line fishing gear. As defined
at 50 CFR part 600.10, hook-and-line
gear means one or more hooks attached
to one or more lines (can include a
troll). The snapper-grouper FMU,
described in 50 CFR part 622, Table 2
to Appendix A, consists of 55 species
and many of these species are known to
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co-occur with red snapper such as black
sea bass, red grouper, gag, scamp,
greater amberjack, vermilion snapper,
and gray triggerfish. Generally, the
discard reduction season’s closed area is
all South Atlantic EEZ waters bounded
to the north by the Florida/Georgia state
border and to the south by Cape
Canaveral, Florida. The specific
coordinates of this snapper-grouper
discard reduction seasonal closed area
would be codified in this proposed rule
at 50 CFR 622.183(b)(12)(i), as shown
below. Additionally, Action 4 in
Chapter 2 of Amendment 59 contains a
graphic representation of the discard
reduction seasonal closed area as
reference (see ADDRESSES).
NMFS notes that for the snappergrouper discard reduction season, the
prohibition on the possession of
snapper-grouper species using hookand-line fishing gear (including trolling
gear) does not apply to a recreational
vessel that is in transit and with fishing
gear appropriately stowed. Transit
means non-stop progression through the
area. Appropriately stowed means that
terminal gear (i.e., hook, leader, sinker,
flasher, or bait) used with an automatic
reel, bandit gear, handline, or rod and
reel must be disconnected and stowed
separately from such fishing gear.
Additionally, a rod and reel must be
removed from the rod holder and
stowed securely on or below deck.
As described in Amendment 59, the
selection of this specific area and time
component for the discard reduction
season allows the target reduction in
dead discards to be achieved, while
minimizing the geographic size and
temporal scope of the area in the South
Atlantic EEZ. The reduction in dead
discards and the increase in the red
snapper recreational ACL is projected to
increase the recreational fishing season
length from 1–2 days to 5–9 days.
The proposed discard reduction
season would have a biological benefit
to the red snapper stock and snappergrouper species in general by reducing
the overall catch of snapper-grouper
species in this area. This in turn is
expected to reduce discards for red
snapper specifically and co-occurring
snapper-grouper species generally, and
to increase overall ecosystem health.
The proposed discard reduction season
would contribute to addressing
overfishing of red snapper by reducing
the number of red snapper discarded
dead, consistent with both National
Standards 1 (ending overfishing) and 9
(reducing bycatch and bycatch mortality
to the extent practicable). Recreational
fishermen using hook-and-line fishing
gear would be expected to adjust their
fishing behavior in response to this
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annual seasonal closure. Recreational
charter vessels and headboats and
individual fishermen would likely
respond differently to these new
proposed regulations. However, while
the recreational sector may need to alter
its fishing behavior based on the discard
reduction season, NMFS expects that
ultimately, there will be gains in the
biomass of red snapper and other cooccurring snapper-grouper species as a
result of the discard reduction season
that could be passed on to fishermen
through future benefits such as
increased catch limits and fishing
opportunities.
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Management Measures in Amendment
59 Not Codified by This Proposed Rule
In addition to the measures codified
within this proposed rule, for red
snapper, Amendment 59 would revise
the FMSY proxy for determining
overfishing, OFL, ABC, total ACL, and
establish an annual experimental
studies program.
Fishing Mortality at Maximum
Sustainable Yield Proxy for Red
Snapper Overfishing
The current MSY for South Atlantic
red snapper equals the yield produced
by FMSY, and F30%SPR is used as the FMSY
proxy. If the current F is greater than the
FMSY or greater than the FMSY proxy of
F30%SPR, overfishing is occurring.
Amendment 59 would revise the
overfishing definition as: overfishing
occurs when current F is greater than
FMSY or a reasonable proxy, based on
the best scientific information available.
If current F is greater than FMSY or the
FMSY proxy, overfishing is occurring.
Amendment 59 would define current F
as F2021–2023. This proxy is expected to
maintain stock recovery and adequate
progress through 2028 with the
rebuilding plan established in
Amendment 17A to the SnapperGrouper FMP based on recent high
recruitment (75 FR 76874, December 9,
2010).
The SEDAR 73 Update Assessment
(2024) indicated that the red snapper
stock had continued to grow, was no
longer overfished, but had not yet
rebuilt. Amendment 59 would apply the
F from the 2021 through 2023 fishing
years (F2021–23) as the FMSY proxy based
on the results of the SEDAR 73 Update
Assessment, and the red snapper stock
would no longer be classified as
undergoing overfishing (FCURRENT/
F2021–23 = 1.0). The use of F2021–2023 is a
reasonable FMSY proxy for the South
Atlantic red snapper stock until the next
assessment is completed in 2028.
Projection results from the 2024 SEDAR
73 Update Assessment indicate this
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level of fishing mortality combined with
recent, above-average recruitment will
keep the stock on track to rebuild
consistent with the red snapper
rebuilding plan.
Red Snapper OFL, ABC and Total ACL
The current OFL is 56,000 fish and
the ABC is 53,000 fish based on SEDAR
41 (2017), which includes both landings
and dead discards. As previously
discussed, the Council developed
Amendment 43 to the Snapper-Grouper
FMP in 2018 and specified the current
total ACL of 42,510 fish based on
landings observed during the limited
red snapper season in 2014 (83 FR
35428, July 26, 2018). Amendment 43
also specified the current commercial
ACL of 124,815 lb (56,615 kg), and the
recreational ACL of 29,656 fish based on
a commercial allocation of 28.07 percent
and a recreational allocation of 71.93
percent. Amendment 59 would specify
an OFL of 551,000 fish (yield at
F2021–2023), and an ABC equal to 92
percent of the OFL (F2021–2023)) of
509,000 fish (71,000 landed fish and
438,000 dead discards), based on the
F2021–2023 high recent recruitment
scenario from the SEDAR 73 Update
Assessment (2024). The proposed ABC
includes a buffer of eight percent from
the OFL accounting for scientific
uncertainty. NMFS expects the
measures in Amendment 59 and the
proposed rule to reduce dead discards
by at least 24 percent resulting in a total
ACL of 500,000 fish (139,000 fish as
landings and 361,000 fish as dead
discards).
Annual Experimental Studies Program
Although research on red snapper and
other snapper-grouper species does
currently occur throughout the South
Atlantic, there is not a specific annual
experimental studies program in place
to reduce red snapper discards and
increase fishing opportunities. Requests
to conduct experimental studies such as
an exempted fishing permit (EFP) issued
pursuant to 50 CFR 600.745(b), are
evaluated by NMFS on an ad hoc basis
and issued as appropriate. For example,
NMFS issued EFPs for red snapper
experimental studies to the state of
Florida in 2024, the studies are ongoing,
and the EFPs are valid until July 31,
2025 (89 FR 23979, April 5, 2024; and
89 FR 23977, April 5, 2024). For state
agencies, academics, researchers, and
other applicants interested in red
snapper specific projects, Amendment
59 would establish an annual process
for requesting, evaluating, and
approving proposals for innovative
projects intended to reduce red snapper
discards and increase fishing
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opportunities. Project proposals would
be evaluated based on a fixed schedule
to be developed by NMFS. Projects
approved by NMFS would authorize up
to a total or combined amount of red
snapper of 9,000 fish, which represents
the difference between the proposed
ABC and ACL. NMFS notes that these
research opportunities are not
necessarily specific to the EFPs but may
also apply to other types of research
projects.
Proposed Rule for Amendment 59
This document is the proposed rule
for Amendment 59 and serves as the
notice of availability for Amendment 59.
In accordance with the MagnusonStevens Act, NMFS has determined that
this notice of availability and proposed
rule for Amendment 59 are consistent
with the Snapper-Grouper FMP, the
Magnuson-Stevens Act, and other
applicable law.
Consideration of Public Comments
NMFS has prepared Amendment 59
for review, approval, and
implementation. Comments on
Amendment 59 or on this proposed rule
must be received by March 17, 2025.
Comments received during the
respective comment period, whether
specifically directed to Amendment 59
or the proposed rule, will be considered
by NMFS and the Secretary in the
decision on whether to adopt
Amendment 59 and implement the final
rule. All relevant comments received by
NMFS on the amendment or the
proposed rule during the respective
comment period will be addressed in
the final rule.
Classification
Pursuant to the Magnuson-Stevens
Act, the NMFS Assistant Administrator
has determined that this action is
consistent with the Snapper-Grouper
FMP, 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 12866. The
Magnuson-Stevens Act provides the
legal basis for this proposed rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting and recordkeeping requirements are introduced by
this proposed rule. This proposed rule
contains no information collection
requirements under the Paperwork
Reduction Act of 1995.
NMFS prepared an initial regulatory
flexibility analysis (IRFA) for this
proposed rule, as required by section
603 of the Regulatory Flexibility Act
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(RFA), 5 U.S.C. 603. The IRFA describes
the economic impact this proposed rule,
if adopted, would have on small
entities. A description of this proposed
rule, why it is being considered, and the
purposes of this proposed rule are
contained in the SUMMARY and
SUPPLEMENTARY INFORMATION sections of
the preamble. A copy of the full analysis
is available from NMFS (see
ADDRESSES). A summary of the IRFA
follows. All monetary estimates in the
following analysis are in 2023 dollars.
This proposed rule would: (1)
increase the red snapper total ACL from
42,510 fish to 500,000 fish based on the
results of an updated stock assessment
and by reducing red snapper dead
discards by at least 24 percent from the
baseline, (2) establish new management
measures for the recreational sector to
reduce dead discards of red snapper by
establishing a discard reduction season
for the recreational sector in which from
January 1 through the end of February
and from December 1 through December
31, no private recreational or for-hire
fishermen may fish for, harvest, or
possess in or from the South Atlantic
exclusive economic zone in an area
between 28°00.0′ N and the Florida/
Georgia border (30°42.0′ N) any species
in the snapper-grouper FMU with hookand-line fishing gear, (3) increase the
commercial trip limit for red snapper
from 75 lb (34 kg), gutted weight, to 150
lb (68 kg), gutted weight, (4) modify the
commercial fishing season for red
snapper from beginning on the second
Monday in July each year to beginning
on May 1, taking effect in 2026, (5)
modify the recreational fishing season
for red snapper from beginning on the
second Friday in July, consisting of
weekends only (Fridays, Saturdays, and
Sundays) unless otherwise specified, to
begin on the second Saturday in July
beginning in 2025 with the season
consisting of Saturdays and Sundays
only, (6) modify the recreational fishing
season for red snapper to begin on the
second Saturday in June, beginning in
2026 with the season consisting of
Saturdays and Sundays only, and (7)
modify the fishing year for South
Atlantic red snapper from January 1
through December 31 to May 1 through
April 30.
Actions (1) and (7), above, would
apply to all commercial fishing
businesses, for-hire fishing businesses,
and recreational fishers (anglers) that
fish for red snapper in Federal waters of
the South Atlantic. Actions (2), (5), and
(6) would only apply to for-hire fishing
businesses and recreational anglers that
fish for any snapper-grouper species in
the South Atlantic EEZ. Finally, actions
(3) and (4) would only apply to
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commercial fishing businesses that fish
for red snapper in Federal waters of the
South Atlantic. None of the proposed
changes would directly apply to
federally-permitted dealers. Any change
in the supply of red snapper available
for purchase by dealers as a result of
this 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.
A valid South Atlantic snappergrouper unlimited permit (SG1) or 225lb Trip-limited permit (SG2) is required
in order to legally harvest red snapper
commercially in the South Atlantic. At
the end of 2020, 535 vessels possessed
a valid commercial South Atlantic SG1
permit, and 104 vessels possessed a
valid SG2 permit. From 2016 through
2020, an average of 660 commercial
vessels possessed one of these permits
each year. NMFS does not possess
complete ownership data regarding
businesses that harvest South Atlantic
red snapper. Therefore, it is not
currently feasible to accurately
determine affiliations between
commercial fishing vessels and the
businesses that own them. As a result,
for purposes of this analysis, it is
assumed each commercial fishing vessel
is independently owned by a single
business, which is expected to result in
an overestimate of the actual number of
commercial fishing businesses regulated
by this proposed regulatory action.
Thus, this analysis assumes that 660
commercial fishing businesses would be
regulated by this proposed rule.
This proposed rule would also
regulate and directly affect recreational
anglers and for-hire fishing businesses.
The RFA does not consider recreational
anglers to be entities, so they are outside
the scope of this analysis (5 U.S.C. 603).
Small entities include small businesses,
small organizations, and small
governmental jurisdictions (5 U.S.C.
601(6) and 601(3)–(5)). Recreational
anglers are not businesses,
organizations, or governmental
jurisdictions.
A valid charter vessel/headboat South
Atlantic snapper grouper vessel permit
is required in order for for-hire vessels
to legally harvest snapper-grouper
species in the South Atlantic. NMFS
does not possess complete ownership
data regarding vessels that hold charter
vessel/headboat South Atlantic snappergrouper vessel permits, and thus
potentially harvest snappers or
groupers. Therefore, it is not currently
feasible to accurately determine
affiliations between these vessels and
the businesses that own them. As a
result, for purposes of this analysis, it is
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assumed each for-hire vessel is
independently owned by a single
business, which is expected to result in
an overestimate of the actual number of
for-hire fishing businesses regulated by
this proposed rule. Further, NMFS also
does not currently possess data on the
number of for-hire fishing vessels that
harvest or target South Atlantic red
snapper or snapper and grouper species
in general. However, from 2016 through
2020, the average number of for-hire
fishing vessels with charter vessel/
headboat South Atlantic snappergrouper vessel permits was 2,059.
Because these permits are open access
and thus not limited, this analysis
assumes that as many as 2,059 for-hire
fishing businesses could be directly
regulated by this proposed rule.
On December 29, 2015, NMFS issued
a final rule establishing a small business
size standard of $11 million in annual
gross receipts (revenue) for all
businesses primarily engaged in the
commercial fishing industry (NAICS
code 11411) for RFA compliance
purposes only (80 FR 81194, December
29, 2015). In addition to this gross
revenue standard, a business primarily
involved in commercial fishing is
classified as a small business if it is
independently owned and operated, and
is not dominant in its field of operations
(including its affiliates). From 2019
through 2023, the maximum annual
gross revenue earned by a single
commercial snapper-grouper vessel was
approximately $457,418, while the
average annual gross revenue for a
vessel commercially harvesting red
snapper in the South Atlantic was
$70,028. Based on this information, all
commercial fishing businesses directly
regulated by this proposed rule are
determined to be small entities for the
purpose of this analysis.
For other industries, the Small
Business Administration has established
size standards for all major industry
sectors in the U.S., including for-hire
businesses (NAICS code 487210). A
business primarily involved in for-hire
fishing 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 annual receipts (revenue) not in
excess of $14 million for all its affiliated
operations worldwide. The average
annual gross revenue for a headboat in
the South Atlantic is estimated at
$355,255, based on data from 2017. The
average annual charter vessel gross
revenue is estimated at $146,438, based
on data from 2009. Information on the
maximum annual gross revenue earned
by an individual headboat or charter
vessel is not available; however, NMFS
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assumes that no such businesses earned
in excess of $14 million. Based on this
information, all for-hire fishing
businesses regulated by this proposed
rule are determined to be small
businesses for the purpose of this
analysis.
The average commercial fishing
business that harvests South Atlantic
red snapper generates $70,028 per year
in gross revenue from commercial
fishing. Approximately eight percent of
this average annual gross revenue
represents economic profits, or about
$5,602 per vessel per year. The
proposed rule would increase the
commercial ACL for South Atlantic red
snapper and would be expected to
increase aggregate annual commercial
landings of South Atlantic red snapper
by an average of 221,185 lb (100,327.8
kg), worth an estimated $1,384,897,
beginning in the year of
implementation. Given that there are
approximately 192 commercial fishing
businesses harvesting South Atlantic
red snapper each year, the average
increase in annual gross revenue per
business would be approximately
$7,213. Economic profits, therefore,
would be expected to increase by
approximately 10 percent on average
per affected commercial fishing
business.
This proposed rule would also modify
the commercial trip limit to 150 lb (68
kg), gutted weight, from 75 lb (34 kg),
gutted weight. In general, a less
restrictive commercial trip limit may
increase economic efficiency on
commercial fishing trips, which would
lead to an increase in profitability for
commercial red snapper vessels.
However, these effects cannot be
quantified with existing data and
individual fishing businesses may
experience varying effects based on
their operating characteristics and profit
maximization strategies.
This proposed rule would also modify
the start of the commercial fishing
season from beginning on the second
Monday in July to beginning May 1 of
each year starting in 2026. NMFS does
not possess the data to directly
determine whether any precise
differences in profitability would occur
with a commercial fishing season
beginning on May 1 of each year.
However, some economic benefits are
possible. Modifying the start of the
commercial fishing season to May 1
would align with opening of the
commercial shallow-water grouper
season, which could lead to an increase
in profitability on commercial red
snapper trips that target shallow-water
grouper jointly in the season. Increased
joint landings of shallow-water grouper
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species on red snapper trips could
increase economic trip efficiency. The
proposed May 1 start to the commercial
fishing season may also aid in reducing
dead discards of red snapper in some
areas during the shallow-water grouper
season. This could result in faster
rebuilding of the red snapper stock,
providing future benefits such as
increased catch limits.
For the average South Atlantic charter
vessel, annual gross revenue is
estimated to be approximately $146,438.
For the average South Atlantic
headboat, annual gross revenue is
estimated to be approximately $355,255.
This proposed rule would increase the
total ACL for South Atlantic red
snapper, as well as the recreational
ACL. If current relative sector usage
persists, the increase of 55,344 fish to
the red snapper recreational ACL would
be expected to increase the number of
targeted for-hire angler trips. In the long
run, factors of production, such as labor
and capital, can be used elsewhere in
the economy, and so only short-term
changes to economic profits are
expected. In the South Atlantic,
headboat trips take a diverse set of
anglers on a single vessel, generally
advertising a diverse range of species to
be caught. Therefore, economic profits
for headboats are estimated separately
from charter vessels. The expected
increase in directed red snapper
recreational angler trips is expected to
increase net revenue for charter vessels
and headboats by up to $391,276 and
$459,060, respectively, per year on
average. The estimates will depend on
how many additional for-hire trips are
booked as a result of the increased red
snapper recreational ACL and
recreational season length. Given that
there are approximately 2,059 charter
fishing businesses and 61 headboat
businesses that are eligible to
recreationally harvest South Atlantic
red snapper each year, the average
increase in annual net revenue per
charter and headboat business is
approximately $190 and $7,525,
respectively. Because not all permitted
charter vessels may be active and many
permitted charter vessels fish in areas
where red snapper are less abundant
(e.g., southeast Florida), the change in
net revenue per active charter vessel is
likely underestimated and may be
considerably greater than presented
here.
This proposed rule would also
establish a discard reduction season for
all snapper-grouper, which would be
expected to decrease directed snappergrouper recreational angler trips during
the period from January 1 through the
end of February and from December 1
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through December 31 in the South
Atlantic EEZ in an area between
28°00.0′ N and the Florida/Georgia
border (30°42.0′ N). These estimated
decreases in directed snapper-grouper
charter vessel and headboat angler trips
would result in a decrease in annual net
revenue of up to $408,043 and $410,859,
respectively. The average decrease in
annual net revenue per business from
forgone recreational for-hire fishing
trips would be approximately $200 for
charter vessels and $6,689 for
headboats. Again, the change in average
net revenue for active charter vessels
may be greater than what is shown here
for all permitted vessels. When the loss
in net revenue from forgone snappergrouper trips associated with the
proposed temporal closure is combined
with the increased net revenue from the
additional red snapper trips during the
open season, the overall change in
annual net revenue for charter and
headboat businesses would equate to
¥$19,583 and $51,017 (¥$10 or $836
per vessel), respectively.
This proposed rule would also modify
the recreational red snapper fishing
season from consisting of weekends
only (Fridays, Saturdays, and Sundays)
that begins on the second Friday in July
(unless otherwise specified), to either
begin on the second Saturday in July
consisting of Saturdays and Sundays
beginning in 2025 or beginning on the
second Saturday in June consisting of
Saturdays and Sundays beginning in
2026. Estimating the differences in forhire vessels’ profitability from
differences in when the recreational red
snapper season begins and specific days
of the week is not possible. Information,
such as whether net revenue per trip
varies on a seasonal basis, is not
available for use in estimating the
differences in profitability with respect
to varying recreational season start
dates. Information on recreational red
snapper directed effort (trips that
targeted or caught red snapper) can aid
in determining if the profitability may
differ between start dates. However,
because the recreational red snapper
season has been only a few days long or
less in recent years and has occurred
entirely in July, there is a lot of
uncertainty in how demand for for-hire
trips would change if previously closed
months were open to fishing. Directed
red snapper effort was higher in July
and August than in June from 2019
through 2023, as expected based on the
historical red snapper seasons during
that period, although May and June
were higher than other periods during
the year. Therefore, a June start date
may provide similar economic returns
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to for-hire fishing businesses as a July
start date.
The following discussion describes
the significant alternatives to the
proposed rule that were not selected by
NMFS.
Three alternatives, including the
status quo, were considered for the
proposed action to increase and set the
total South Atlantic red snapper ACL
equal to 500,000 fish and establish a
required dead discard reduction amount
of at least 24 percent from the baseline,
with the commercial and recreational
South Atlantic red snapper sector ACLs
set equal 346,000 lb (156,943 kg) and
85,000 fish respectively, based on
current sector allocations.
The status quo alternative would have
retained the total ACL equal to 42,510
fish, with a commercial ACL equal to
124,815 lb (56,615 kg), and a
recreational ACL of 29,656 fish, and
with the total ACL based on landings
only. The status quo total ACL of 42,510
fish was specified in the final rule for
Amendment 43 to the Snapper-Grouper
FMP and is based on the landings
observed during the limited red snapper
season in 2014. Under the status quo
ACL, no changes in landings, effort, or
direct economic effects would have
been expected on any small entities.
The status quo ACL is based on
outdated data that no longer represents
the best scientific information available,
and thus was not selected as preferred.
The second alternative would have
reduced dead discards 16 percent from
the baseline and used this discard
reduction achievement to increase the
total ACL to 505,000 fish. The
commercial and recreational South
Atlantic red snapper sector ACLs would
equal 300,000 lb (136,078 kg) and
64,000 fish respectively. The second
alternative would have resulted in
$319,700 less total ex-vessel revenue for
the commercial sector and $210,000 less
total net revenue for the for-hire
component of the recreational sector
compared to the proposed ACLs. This
alternative was not selected because,
although it requires a smaller discard
reduction than the proposed ACLs, it
results in smaller direct and indirect
social and economic benefits from the
harvest of additional red snapper.
The third alternative would have
reduced dead discards 32 percent from
the baseline and used this discard
reduction achievement to increase the
total ACL to 496,000 fish. The
commercial and recreational South
Atlantic red snapper sector ACLs would
equal 390,000 lb (176,901 kg) and
105,000 fish respectively. These sector
ACLs, are higher than those in the
proposed rule, and would have resulted
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in $305,800 more total ex-vessel
revenue for the commercial sector and
$200,079 more total net revenue for the
for-hire component of the recreational
sector compared to the proposed rule.
This alternative was not selected
because it would require a larger
reduction in dead discards than the
proposed rule. A larger discard
reduction percentage would necessitate
larger, more restrictive area and time
closures to reduce dead discards.
Six alternatives, including the status
quo, were considered for the proposed
action to establish a discard reduction
season for the recreational sector such
that during December 1 through the end
of February each year, no private
recreational or for-hire fishermen may
fish for, harvest, or possess in or from
the South Atlantic EEZ in an area
between 28°00.0′ N and the Florida/
Georgia border (30°42.0′ N) any species
in the snapper-grouper FMU with hookand-line fishing gear. The status quo
alternative would not have established
new management measures for the
recreational sector to achieve dead
discard targets for red snapper.
Therefore, no changes in directed effort
or direct economic effects would have
been expected on any small entities.
This alternative was not selected
because a discard reduction of at least
24 percent from the baseline is needed
in order to achieve the ACL proposed in
this rule.
The second alternative would have
established two discard reduction areas
for the recreational sector such that in
these areas, no private recreational or
for-hire fisherman may fish for, harvest,
or possess, a species in the South
Atlantic snapper-grouper FMU from the
South Atlantic EEZ that were harvested
with hook-and-line fishing gear. The
first area was to be in the South Atlantic
EEZ off Jacksonville, Florida, between
30°18.0′ N and 30°42.0′ N and between
the approximate depths of 80 to 150 feet
(ft) (24.3 to 45.7 meters (m)). The second
area was to be in the South Atlantic EEZ
off Cape Canaveral, Florida, between
28°18.0′ N and 28°42.0′ N latitudes and
between the approximate depths of 80
to 150 ft (24.3 to 45.7 m). The difference
in annual net revenue for for-hire
vessels resulting from the area closures
of the second alternative compared to
the proposed rule is an additional loss
of $1.43 million. This alternative was
not selected because this alternative
would result in less net economic
benefits through shorter red snapper
seasons and a lower overall red snapper
ACL than the proposed rule.
The third alternative would have
established a discard reduction season
for the recreational sector. During
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January 1 through February 14 each
year, no private recreational or for-hire
fishermen would have been allowed to
fish for, harvest, or possess in or from
the South Atlantic EEZ in an area
between 28°00.0′ N and the Florida/
Georgia border (30°42.0′ N) any species
in the snapper-grouper FMU with hookand-line fishing gear. The difference in
annual net revenue for for-hire vessels
resulting from the area closure of the
third alternative compared to the
proposed rule would represent a gain of
$442,677. This alternative was not
selected because this alternative would
provide fewer opportunities to harvest
red snapper through shorter recreational
fishing seasons and a lower overall red
snapper recreational ACL than the
proposed rule. This alternative was also
not selected because it would provide
less indirect benefits to co-occurring
snapper-grouper species, many of which
are overfished, undergoing overfishing,
or showing declining trends in
abundance.
The fourth alternative would have
established three discard reduction
areas for the recreational sector such
that in these areas, no private
recreational or for-hire fisherman may
fish for, harvest, or possess, a species in
the South Atlantic snapper-grouper
FMU from the South Atlantic EEZ that
were harvested with hook-and-line
fishing gear. The first area was to be in
the South Atlantic EEZ off Jacksonville,
Florida between 30°18.0′ N and 30°42.0′
N and between the approximate depths
of 80 to 150 ft (24.3 to 45.7 m). The
second area was to be in the exclusive
economic zone off St. Augustine,
Florida between 29°30.0′ N and 29°54.0′
N and between the approximate depths
of 80 to 150 ft (24.3 to 45.7 m). The third
area was to be in the exclusive
economic zone off Cape Canaveral,
Florida between 28°18.0′ and 28°42.0′ N
and between the approximate depths of
80 to 150 ft (24.3 to 45.7 m). The
difference in annual net revenue for forhire vessels resulting from the area
closures of the fourth alternative
compared to the proposed rule is an
additional loss of $2.07 million. This
alternative was not selected because this
alternative would result in less net
economic benefits than the temporal
closure in the proposed rule.
The fifth alternative would have
established four discard reduction areas
for the recreational sector such that in
these areas, no private recreational or
for-hire fisherman may fish for, harvest,
or possess, a species in the South
Atlantic snapper-grouper FMU from the
South Atlantic EEZ that were harvested
with hook-and-line fishing gear. The
first area was to be in the South Atlantic
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EEZ off Jacksonville, Florida between
30°24.0′ N and 30°42.0′ N and between
the approximate depths of 70 to 110 ft
(21.3 to 33.6 m). The second area was
to be in the South Atlantic EEZ off St.
Augustine, Florida between 29°42.0′ N
and 29°54.0′ N and between the
approximate depths of 70 to 110 ft (21.3
to 33.6 m). The third area was to be in
the South Atlantic EEZ off Daytona
Beach, Florida between 29°06.0′ N and
29°18.0′ N and between the approximate
depths of 70 to 110 ft (21.3 to 33.6 m).
The fourth area was to be in the South
Atlantic EEZ off Cape Canaveral, Florida
between 28°24.0′ N and 28°42.0′ N and
between the approximate depths of 70
to 110 ft (21.3 to 33.6 m). The difference
in annual net revenue for for-hire
vessels resulting from the area closures
of the fifth alternative compared to the
proposed rule is an additional loss of
$2.77 million. This alternative was not
selected because this alternative would
result in less net economic benefits than
the temporal closure in the proposed
rule.
The sixth alternative would have
established both a discard reduction
season for the entire South Atlantic EEZ
and a separate year-round discard
reduction area for the recreational
sector. During January 1 through the end
of February each year, no private
recreational or for-hire fishermen would
have been allowed to fish for, harvest,
or possess a species in the South
Atlantic snapper-grouper FMU from the
South Atlantic EEZ. Additionally, in the
year-round closed area, no private
recreational or for-hire fisherman would
have been able to fish for, harvest, or
possess a species in the South Atlantic
snapper-grouper FMU from the South
Atlantic EEZ off Jacksonville, Florida
between 30°18.0′ N and 30°42.0′ N and
between the approximate depths of 80
to 150 ft (24.3 to 45.7 m) that were
harvested with hook-and-line fishing
gear. The difference in annual net
revenue for for-hire vessels resulting
from the area closures of the second
alternative compared to the proposed
rule is an additional loss of $548,728.
This alternative was not selected
because this alternative would result in
less net economic benefits than the
temporal closure in the proposed rule.
Three alternatives, including the
status quo, were considered for the
proposed action to increase the
commercial trip limit for South Atlantic
red snapper to 150 lb (68 kg), gutted
weight. The status quo alternative
would have retained the current
commercial trip limit for South Atlantic
red snapper of 75 lb (34 kg), gutted
weight. This alternative was not
selected because with the increase to the
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16:10 Jan 13, 2025
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commercial ACL resulting from this
proposed rule, it would reduce trip
economic efficiency. This alternative
was also not selected because the higher
proposed trip limit would have been
expected to reduce dead discards of red
snapper during the commercial red
snapper open season, especially for trips
that are longer in duration and trips that
target co-occurring species with red
snapper as well. The second alternative
would have modified the commercial
trip limit to be 100 lb (45.4 kg), gutted
weight. This alternative was not
selected for similar reasons as to why
the status quo alternative was not
selected. The third alternative would
have modified the commercial trip limit
to be 200 lb (90.7 kg), gutted weight.
This alternative was not selected
because it would have resulted in a
shorter commercial season relative to
the proposed rule. A shorter commercial
season could lead to increased out-ofseason regulatory discards, although
overall discards during the season
would have been reduced.
Two alternatives, including the status
quo, were considered for the proposed
action to modify the start of the
commercial fishing season to May 1
beginning in 2026. The status quo
alternative would have retained the
commercial fishing season to begin each
year on the second Monday in July. This
alternative was not selected because it
would not align with the May 1 opening
of shallow-water groupers, which are
co-occurring species landed jointly with
red snapper. Not aligning the season to
start concurrently with the start of
shallow-water grouper season reduces
economic efficiency for red snapper
trips, and increases the likelihood of red
snapper discards as red snapper would
not be available for commercial
retention. This alternative was also not
selected because in comparison to the
proposed rule, this alternative does not
provide the opportunity for as many
commercial trips to occur in typically
favorable weather conditions prior to
the peak of hurricane season and fall/
winter cold fronts.
The second alternative would have
modified the start of the commercial
fishing season to June 1 beginning in
2026. This alternative was also not
selected for similar reasons as to why
the status quo alternative was not
selected.
Two alternatives, including the status
quo, were considered for the proposed
action to modify the recreational fishing
season to begin on the second Saturday
in July, consisting of Saturdays and
Sundays beginning in 2025 or to begin
on the second Saturday in June,
consisting of Saturdays and Sundays
PO 00000
Frm 00125
Fmt 4702
Sfmt 4702
beginning in 2026. The status quo
alternative would have retained the
recreational season consisting of
weekends only (Fridays, Saturdays, and
Sundays) beginning on the second
Friday in July, unless otherwise
specified. This alternative was not
selected because it would limit the
recreational fishing season to fewer
weekends of fishing compared to the
proposed rule. Further, the status quo
included Friday as a fishing day in the
recreational season. This would limit
opportunities of recreational anglers
who work typical weekday work
schedules, increasing overall
opportunity costs of recreational red
snapper anglers. The second alternative
would have modified the recreational
fishing season to begin on the second
Saturday in June 2026 consisting of
weekends only (Fridays, Saturdays, and
Sundays). This alternative was also not
selected for similar reasons as to why
the status quo alternative was not
selected.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing,
Recreational, Red snapper, Snappergrouper, South Atlantic.
Dated: January 7, 2025.
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 MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.7, add paragraph (i) to read
as follows:
■
§ 622.7
Fishing years.
*
*
*
*
*
(i) South Atlantic red snapper—May 1
through April 30.
■ 3. In § 622.183, revise paragraph (b)(5)
and add paragraph (b)(12) to read as
follows:
§ 622.183
Area and seasonal closures.
*
*
*
*
*
(b) * * *
(5) Closures of the commercial and
recreational sectors for red snapper—(i)
The commercial and recreational sectors
for red snapper are closed (i.e., red
snapper may not be harvested or
possessed, or sold or purchased) in or
from the South Atlantic EEZ, except as
specified in § 622.193(y). Each year,
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NMFS will announce the season
opening dates in the Federal Register.
For the 2025–2026 fishing year, the
commercial season will begin on the
second Monday in July, unless
otherwise specified. Beginning in the
2026–2027 fishing year, the commercial
season will begin annually on May 1,
unless otherwise specified. For the
2025–2026 fishing year, the recreational
season, which consists of weekends
only (Saturdays and Sundays) begins on
the second Saturday in July, unless
otherwise specified. Beginning in the
2026–2027 fishing year, the recreational
season, which consists of weekends
only (Saturdays and Sundays) begins on
the second Saturday in June, unless
otherwise specified. NMFS will project
the length of the recreational fishing
season and announce the recreational
fishing season end date in the Federal
Register. See § 622.193(y), for
establishing the end date of the
commercial fishing season.
(ii) For the commercial sector, if the
RA determines tropical storm or
hurricane conditions exist, or are
projected to exist, in the South Atlantic
during a commercial fishing season, the
RA may modify the opening and closing
dates of the fishing season by filing a
notification to that effect with the Office
of the Federal Register and announcing
via NOAA Weather Radio and a Fishery
Bulletin any change in the dates of the
red snapper commercial fishing season.
For the recreational sector, if the RA
determines that weather conditions
classified by the National Weather
Service at least as severe as a Small
Craft Advisory exist, or are projected to
exist, in the South Atlantic EEZ, the RA
may modify the opening and closing
dates of the recreational fishing season,
including off a specific South Atlantic
state (see 50 CFR 622.2 for these state
definitions), by filing a notification to
that effect with the Office of the Federal
Register and announcing via NOAA
Weather Radio and a Fishery Bulletin
any change in the dates of the red
snapper recreational fishing season.
*
*
*
*
*
(12) Discard reduction season for the
South Atlantic snapper-grouper
recreational sector. The discard
reduction season described in paragraph
(b)(12)(i) of this section, is an area
closed to the recreational sector for the
harvest of South Atlantic snappergrouper species by hook-and-line
fishing gear (including trolling gear)
from January 1 through the end of
February and from December 1 through
December 31, annually. The recreational
bag limit using hook-and-line fishing
gear to harvest South Atlantic snappergrouper within the discard reduction
season closed area, as described in
3169
paragraph (b)(12)(i) of this section, is
zero. During the applicable seasonal
closure, no person may harvest or
possess any snapper-grouper species in
or from the discard reduction season
closed area within the South Atlantic
EEZ that were recreationally harvested
by hook-and-line fishing gear (including
trolling gear), except for a recreational
vessel that is in transit and with fishing
gear appropriately stowed. For the
purposes of paragraph (b)(12) of this
section, transit means non-stop
progression through the area. For the
purposes of paragraph (b)(12) of this
section, appropriately stowed means
that terminal gear (i.e., hook, leader,
sinker, flasher, or bait) used with an
automatic reel, bandit gear, handline, or
rod and reel must be disconnected and
stowed separately from such fishing
gear. Additionally, a rod and reel must
be removed from the rod holder and
stowed securely on or below deck.
(i) From January 1 through the end of
February and from December 1 through
December 31, annually, no person may
recreationally harvest or possess South
Atlantic snapper-grouper using hookand-line fishing gear in or from the
discard reduction season closed area
within the South Atlantic EEZ described
by the rhumb lines connecting, in order,
the following points:
TABLE 12 TO PARAGRAPH (b)(12)(i)
Point
1
2
3
4
1
North lat.
...................................................................................
...................................................................................
...................................................................................
...................................................................................
...................................................................................
(ii) [Reserved].
4. In § 622.191, revise paragraph (a)(9)
to read as follows:
■
§ 622.191
Commercial trip limits.
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*
*
*
*
*
(a) * * *
(9) Red snapper. Until the commercial
ACL specified in § 622.193(y)(1) is
reached, 150 lb (68 kg), gutted weight.
*
*
*
*
*
■ 5. In § 622.193, revise paragraph (y) to
read as follows:
§ 622.193 Annual catch limits (ACLs) and
accountability measures (AMs).
*
*
*
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*
30°42.0′
30°42.0′
28°00.0′
28°00.0′
30°42.0′
West long.
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
(y) Red snapper—(1) Commercial
sector. The commercial ACL for red
snapper is 346,000 lb (156,943 kg),
round weight. See § 622.183(b)(5) for
details on the commercial fishing
season. NMFS will monitor commercial
landings during the season, and if
commercial landings, as estimated by
the SRD, reach or are projected to reach
the commercial ACL, the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for red snapper for the remainder
of the year. On and after the effective
date of the closure notification, all sale
or purchase of red snapper is prohibited
and harvest or possession of red snapper
is limited to the recreational bag and
possession limits and only during such
time as harvest by the recreational
sector is allowed as described in
§ 622.183(b)(5). This bag and possession
limit and the prohibition on sale/
purchase apply in the South Atlantic on
board a vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snappergrouper has been issued, without regard
to where such species were harvested or
possessed, i.e., in state or Federal
waters.
*
16:10 Jan 13, 2025
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State/EEZ boundary.
offshore U.S. EEZ boundary.
offshore U.S. EEZ boundary.
State/EEZ boundary.
State/EEZ boundary.
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(2) Recreational sector. The
recreational ACL for red snapper is
85,000 fish. The AA will file a
notification with the Office of the
Federal Register to announce the length
of the recreational fishing season for the
current fishing year. The length of the
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recreational fishing season for red
snapper serves as the in-season
accountability measure. See
§ 622.183(b)(5) for details on the
recreational fishing season. On and after
the effective date of the recreational
closure notification, the bag and
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possession limits for red snapper are
zero.
*
*
*
*
*
[FR Doc. 2025–00552 Filed 1–10–25; 4:15 pm]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Proposed Rules]
[Pages 3160-3170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00552]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622
[Docket No. 250107-0004]
RIN 0648-BN31
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Amendment 59
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; notice of availability of a fishery management
plan amendment; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Amendment 59 to the
Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the
South Atlantic (Snapper-Grouper FMP) (Amendment 59). If approved,
Amendment 59 and this proposed rule would, for South Atlantic red
snapper: revise the fishing mortality (F) at maximum sustainable yield
(MSY) proxy for determining overfishing, acceptable biological catch
(ABC), sector annual catch limits (ACLs), fishing year, sector fishing
season start dates, recreational fishing season structure, commercial
trip limits, and establish an annual experimental studies program.
Additionally, Amendment 59 and this proposed rule would establish a
snapper-grouper discard reduction season in South Atlantic Federal
waters. This action is intended to end and prevent overfishing of red
snapper while reducing dead discards and providing additional fishing
opportunities.
DATES: Submit comments on this combined proposed rule and notice of
availability of an FMP amendment on or before March 17, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0142. You may
submit comments on this document, identified by [NOAA-NMFS-2024-0142],
by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit
[[Page 3161]]
https://www.regulations.gov and type [NOAA-NMFS-2024-0142], in the
Search box. Click on the ``Comment'' icon, complete the required
fields, and enter or attach your comments.
Mail: Submit written comments to Nikhil Mehta, Southeast
Regional Office, NMFS, 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 a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of Amendment 59, which includes an environmental
impact statement (EIS), regulatory impact review, and a regulatory
flexibility analysis, may be obtained from the Southeast Regional
Office website at https://www.fisheries.noaa.gov/action/secretarial-amendment-fishery-management-plan-snapper-grouper-fishery-south-atlantic-region.
The unique identification number for the EIS for Amendment 59 is:
EISX-006-48-1SE-1726732992.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the South Atlantic Fishery
Management Council (Council) manage the South Atlantic snapper-grouper
fishery, which includes red snapper, in the South Atlantic exclusive
economic zone (EEZ) under the Snapper-Grouper FMP. The Snapper-Grouper
FMP was prepared by the Council, approved by the Secretary of Commerce
(Secretary), 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).
On October 9, 2024, NMFS published a notice of intent to prepare an
EIS for Amendment 59 in the Federal Register and requested public
comment (89 FR 81892).
This document serves as both the proposed rule and the notice of
availability for Amendment 59, which is a Secretarial Amendment to the
Snapper-Grouper FMP.
Unless otherwise noted, all weights are described in whole weight.
Authority for Action
The Magnuson-Stevens Act authorizes the Secretary to prepare an
amendment necessary for the conservation and management of a fishery
managed under the Snapper-Grouper FMP if NMFS determines that the
Council has failed to develop and submit such an amendment to the
Secretary after a reasonable period of time (section 304(c)(1)(A); 16
U.S.C. 1854(c)(1)(A)). As discussed below, because the Council has
failed to take action to develop and submit measures to the Secretary
to end and prevent overfishing of South Atlantic red snapper, NMFS,
acting for the Secretary, developed Amendment 59 and its implementing
regulations in this proposed rule.
As described in Amendment 59, the proposed actions would revise the
FMSY proxy (Fproxy) for determining overfishing
of red snapper, revise the red snapper ABC, revise the red snapper
total and sector ACLs, establish a snapper-grouper discard reduction
season in the South Atlantic EEZ, revise the red snapper commercial
trip limit, modify the red snapper commercial and recreational fishing
season start dates, revise the red snapper recreational fishing season
structure, establish a red snapper annual experimental studies program,
and revise the red snapper fishing year.
NMFS is soliciting public comments on Amendment 59 and on this
proposed rule. All relevant written comments received by the end of the
comment period for this action (see DATES), whether specifically
directed to the proposed Snapper-Grouper FMP amendment or the
implementing regulations, will be considered by NMFS in deciding
whether to adopt and implement Amendment 59.
South Atlantic Red Snapper Background
In 2021, a stock assessment for red snapper was completed
(Southeast Data, Assessment, and Review 73, [SEDAR 73, 2021]) and
indicated that red snapper remains overfished and undergoing
overfishing, but the stock was making adequate progress towards
rebuilding. In July 2021, NMFS sent a letter to the Council notifying
it of the results of the stock assessment and the Magnuson-Stevens Act
requirements to end overfishing. NMFS further explained at subsequent
Council meetings that although the red snapper stock was rebuilding and
the existing rebuilding plan did not need to be revised, the Council
needed to take action to end overfishing of red snapper. Subsequent to
the stock status notification of July 2021, the Council developed
Regulatory Amendment 35 to the Snapper-Grouper FMP (Regulatory
Amendment 35) which, if implemented, would have reduced the catch
levels of red snapper and specified gear requirements for reducing
discards, but would not have ended overfishing. After taking final
action to approve Regulatory Amendment 35 at their March 2023 meeting,
the Council rescinded its final action to submit Regulatory Amendment
35 to NMFS for implementation at its December 2023 meeting. Since that
time, the Council has taken no further action under the Magnuson-
Stevens Act to end overfishing of red snapper. As a result, on June 14,
2024, NMFS implemented temporary interim measures for red snapper to
reduce overfishing by reducing the catch limits for the 2024 red
snapper commercial and recreational fishing seasons, and these measures
were effective through December 11, 2024 (89 FR 50350).
In the past 2 years, NMFS has been sued three times for the
continued overfishing of South Atlantic red snapper. On August 22,
2024, a Federal District Court approved a settlement agreement between
NMFS and the plaintiffs in one of these lawsuits. The settlement
agreement requires NMFS to submit to the Federal Register by June 6,
2025, a final rule implementing a Secretarial Amendment to end red
snapper overfishing. However, a Secretarial Amendment would not be
required if the Council takes action to end overfishing and NMFS
approves and submits a final rule to the Federal Register to implement
the Council's action on or before June 6, 2025.
NMFS completed an update of the SEDAR 73 (2021) assessment in
December 2024 using data through 2023 (SEDAR 73 Update Assessment
[2024]). The updated assessment indicated that the stock is still
experiencing overfishing relative to the Council's current fishing
mortality threshold, but could continue to rebuild on schedule if
fished at a higher fishing mortality rate given above-average
recruitment of younger fish in recent years. The stock is still
rebuilding, but it is no longer overfished because the red snapper
spawning stock biomass is greater than the minimum stock size threshold
(MSST). However, because the stock size has not reached the rebuilding
target level specified in the rebuilding plan, red snapper will
continued to be managed under the rebuilding plan. The rebuilding
target level is the reproductive capacity of the red snapper population
at 30 percent of the
[[Page 3162]]
spawning potential ratio (SPR) of an unfished population
[30SPR]).
Most of the red snapper fishing mortality is attributed to dead
discards in the recreational sector. The recreational sector consists
of both private recreational anglers and charter vessels and headboats
(for-hire). Recreational fishermen discard red snapper both during the
directed red snapper recreational open fishing season and during the
closed recreational season while fishers are targeting snapper-grouper
species that co-occur with red snapper. As described in Amendment 59,
approximately 98 percent of all red snapper discard mortalities during
2021-2023 were from the recreational sector (SEDAR 73 Update 2024). The
current level of discards is resulting in less younger fish, which are
more abundant, surviving to the older ages necessary to sustain the
population in the long term, particularly if recruitment decreases back
to more historical levels. Additionally, the high level of mortality
from discards is reducing and limiting the amount of landed catch.
Management Measures Contained in the Proposed Rule
For red snapper, this proposed rule would revise the commercial and
recreational ACLs, the fishing year, the commercial and recreational
sector fishing season start dates, the recreational fishing season
structure, and the commercial trip limits. Additionally, the proposed
rule would establish a snapper-grouper discard reduction season in the
South Atlantic EEZ.
Red Snapper Commercial and Recreational ACLs
The Council developed Amendment 43 to the Snapper-Grouper FMP
(Amendment 43) in 2018 and specified the current total ACL of 42,510
fish based on landings observed during the limited red snapper season
in 2014 (83 FR 35428, July 26, 2018). The total ACL is divided between
the sectors, using the current sector allocation ratio for red snapper
in the Snapper-Grouper FMP of 28.07 percent commercial and 71.93
percent recreational. This results in the commercial ACL of 124,815
pounds (lb) (56,615 kilograms (kg)) and the recreational ACL of 29,656
fish. The commercial sector ACL is set in pounds of fish because the
commercial sector reports landings in weight, and weight is a more
accurate representation of commercial landings. The ACL for the
recreational sector is specified in numbers of fish because numbers of
fish are a more reliable estimate for the recreational sector than
specifying the ACL in weight of fish.
As discussed later in this proposed rule, Amendment 59 would
increase the total ACL to 500,000 fish (139,000 fish as landings and
361,000 fish as dead discards). Using the current sector allocation
ratio of 28.07 percent commercial and 71.93 percent recreational, the
proposed rule would specify a commercial ACL of 346,000 lb (156,943
kg), and a recreational ACL of 85,000 fish. The proposed ACL increases
are based on the proposed ABC that resulted from the SEDAR 73 Update
Assessment (2024), and based on the new management measures in this
proposed rule for the commercial and recreational sectors to reduce
dead discards. The proposed ABC is eight percent below the overfishing
limit (OFL) to account for scientific uncertainty. The total ACL is
reduced by two percent from the ABC. Management measures such as the
commercial and recreational fishing seasons, the commercial trip limit,
and the discard reduction season are intended to constrain catches to
at or below the sector ACLs.
Red Snapper Fishing Year
The current fishing year for South Atlantic red snapper is January
1 through December 31 (50 CFR 622.7). The fishing year aligned with the
calendar year is consistent with many snapper-grouper species managed
by NMFS and the Council. The fishing year applies to both the
commercial and recreational sectors. This proposed rule would revise
the fishing year to be May 1 through April 30, annually and would also
apply to both sectors. This change is intended to improve consistency
in when red snapper catches are accounted for given the timing of the
implementation of the proposed new management measures, and it would
align with the proposed commercial red snapper season opening and the
opening of the fishing season for shallow-water grouper on May 1, which
are under a spawning season closure from January through April, and are
a group of snapper-grouper species commonly caught with red snapper.
Red Snapper Commercial Fishing Season
The current commercial season begins on the second Monday in July,
unless otherwise specified. The commercial accountability measures
(AMs) require the sector to close for the remainder of the fishing year
if commercial landings reach or are projected to reach the commercial
ACL.
For the 2025-2026 fishing year, the start of the commercial fishing
season would remain the same and begin on the second Monday in July.
Beginning with the 2026-2027 fishing year, this proposed rule would
change the start of the commercial fishing season to begin annually on
May 1. The commercial AM would not change as a result of this proposed
rule.
As previously discussed, the change of the commercial fishing
season to open on May 1 would align with the opening of the shallow-
water grouper fishing season on May 1. Shallow-water grouper are under
a spawning season closure from January through April, and are commonly
caught with red snapper. NMFS expects the change in the commercial
fishing season would help reduce the discards of red snapper by
allowing fishermen to retain red snapper while fishing for co-occurring
species. NMFS determined that given the timing of this rulemaking for
Amendment 59, changing the commercial start date for the 2025-2026
fishing year is not practicable.
Red Snapper Recreational Fishing Season
The current recreational season, which consists of weekends only
(Fridays, Saturdays, and Sundays), begins on the second Friday in July,
unless otherwise specified. NMFS projects the length of the
recreational fishing season and announces the recreational fishing
season end date in the Federal Register. The Regional Administrator
(RA) also has the authority to change the red snapper recreational
season opening and closing dates based on certain adverse weather
conditions. Currently, if the RA determines tropical storm or hurricane
conditions exist, or are projected to exist, in the South Atlantic
during a fishing season, the RA may modify the opening and closing
dates of the fishing season by filing a notification to that effect
with the Office of the Federal Register and announcing via NOAA Weather
Radio and a Fishery Bulletin any change in the dates of the red snapper
fishing season.
For the 2025-2026 fishing year, this proposed rule would change the
start of the recreational fishing season to begin on the second
Saturday in July, unless otherwise specified. This proposed rule would
define a recreational season weekend as being Saturday and Sunday only,
and not include Friday. Beginning in the 2026-2027 fishing year, the
recreational season would begin on the second Saturday in June, unless
otherwise specified, consist of weekends only, and define a
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recreational season weekend as being Saturday and Sunday only. During
any announced recreational fishing season, the recreational bag limit
would remain at one fish per person. Additionally, this proposed rule
would revise the current authority of the RA to modify the fishing
season dates, including off a specific South Atlantic state (see 50 CFR
622.2 for these state definitions), for adverse weather conditions. The
proposed rule would provide the RA greater flexibility to modify the
recreational fishing season dates in case of adverse weather that is
classified by the National Weather Service (NWS) at least as severe as
a Small Craft Advisory. For the South Atlantic, the NWS defines a Small
Craft Advisory as sustained winds of 20 to 33 knots (10 to 17 meters/
second), and/or forecast seas of 7 feet (2.1 meters) or greater that
are expected for more than 2 hours (https://weather.gov/marine/cwd).
Specifically, the RA may modify the opening and closing dates of the
recreational fishing season, or reopen the season at a later date, if
the RA determines that conditions that result in weather at least as
severe as a Small Craft Advisory exist, or are projected to exist,
during the announced recreational season in the South Atlantic. In such
circumstances, the RA would file a notice to change the recreational
season dates with the Office of the Federal Register and announce it
via NOAA Weather Radio and a Fishery Bulletin. NMFS has determined that
this would help mitigate derby-style (race-to-fish) conditions in such
adverse weather and is also being implemented to be consistent with
Magnuson-Stevens Act National Standard 10 to promote safety of life at
sea to the extent practicable. The current weather flexibility
authority of the RA for the commercial sector would not change as a
result of this proposed rule since the commercial sector is not
confined to only fishing on weekends.
The proposed changes to the recreational fishing season are
expected to increase recreational access to red snapper and increase
the number of fishing days available for recreational fishers by
aligning the fishing days with the days when fishers are not usually at
work, and starting the season earlier in the summer when adverse
weather conditions from the hurricane season are less likely to occur
in the South Atlantic. Additionally, by extending the recreational
fishing season over more weekends, there may be a benefit to safety at
sea by spreading out fishing effort over a longer period of time and
thereby minimizing the impact of any specific period of adverse
weather.
Red Snapper Commercial Trip Limit
The current commercial trip limit during the commercial red snapper
season is 75 lb (34 kg), gutted weight. This proposed rule would
increase the commercial trip limit to 150 lb (68 kg), gutted weight,
during a commercial fishing season. The proposed increase in the trip
limit, in combination with the proposed increase in the commercial ACL,
is projected to double the number of available days the commercial
sector would be able to fish for red snapper, although as described in
Amendment 59, a commercial in-season closure is still expected. The
increased trip limit, in conjunction with the proposed increase to the
commercial ACL is expected to increase economic efficiency and reduce
discards given the longer commercial fishing season and greater amounts
of fish that can be retained. The proposed ACLs and existing commercial
AMs are expected to prevent the proposed commercial ACL from being
exceeded during the fishing year.
Snapper-Grouper Discard Reduction Season
Amendment 59 would establish a discard reduction season for the
South Atlantic snapper-grouper recreational sector, which is expected
to reduce dead discards of red snapper by at least 24 percent from
current levels. Coast-wide, recreational dead discards represent the
primary source of mortality for red snapper (98 percent of all discard
mortality), and catch estimates off Florida alone accounted for 87
percent of the South Atlantic dead discards during 2021-2023. Selection
of this area allows the target reduction in dead discards to be
achieved, while minimizing the geographic size and temporal scope of
the area in South Atlantic waters. In the area described below, from
January 1 through the end of February and from December 1 through
December 31, annually, (i.e. from December through February) no private
recreational or for-hire fisherman would be allowed to fish for,
harvest, or possess a species in the South Atlantic snapper-grouper
fishery management unit (FMU) from the South Atlantic EEZ that were
harvested with hook-and-line fishing gear. As defined at 50 CFR part
600.10, hook-and-line gear means one or more hooks attached to one or
more lines (can include a troll). The snapper-grouper FMU, described in
50 CFR part 622, Table 2 to Appendix A, consists of 55 species and many
of these species are known to co-occur with red snapper such as black
sea bass, red grouper, gag, scamp, greater amberjack, vermilion
snapper, and gray triggerfish. Generally, the discard reduction
season's closed area is all South Atlantic EEZ waters bounded to the
north by the Florida/Georgia state border and to the south by Cape
Canaveral, Florida. The specific coordinates of this snapper-grouper
discard reduction seasonal closed area would be codified in this
proposed rule at 50 CFR 622.183(b)(12)(i), as shown below.
Additionally, Action 4 in Chapter 2 of Amendment 59 contains a graphic
representation of the discard reduction seasonal closed area as
reference (see ADDRESSES).
NMFS notes that for the snapper-grouper discard reduction season,
the prohibition on the possession of snapper-grouper species using
hook-and-line fishing gear (including trolling gear) does not apply to
a recreational vessel that is in transit and with fishing gear
appropriately stowed. Transit means non-stop progression through the
area. Appropriately stowed means that terminal gear (i.e., hook,
leader, sinker, flasher, or bait) used with an automatic reel, bandit
gear, handline, or rod and reel must be disconnected and stowed
separately from such fishing gear. Additionally, a rod and reel must be
removed from the rod holder and stowed securely on or below deck.
As described in Amendment 59, the selection of this specific area
and time component for the discard reduction season allows the target
reduction in dead discards to be achieved, while minimizing the
geographic size and temporal scope of the area in the South Atlantic
EEZ. The reduction in dead discards and the increase in the red snapper
recreational ACL is projected to increase the recreational fishing
season length from 1-2 days to 5-9 days.
The proposed discard reduction season would have a biological
benefit to the red snapper stock and snapper-grouper species in general
by reducing the overall catch of snapper-grouper species in this area.
This in turn is expected to reduce discards for red snapper
specifically and co-occurring snapper-grouper species generally, and to
increase overall ecosystem health. The proposed discard reduction
season would contribute to addressing overfishing of red snapper by
reducing the number of red snapper discarded dead, consistent with both
National Standards 1 (ending overfishing) and 9 (reducing bycatch and
bycatch mortality to the extent practicable). Recreational fishermen
using hook-and-line fishing gear would be expected to adjust their
fishing behavior in response to this
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annual seasonal closure. Recreational charter vessels and headboats and
individual fishermen would likely respond differently to these new
proposed regulations. However, while the recreational sector may need
to alter its fishing behavior based on the discard reduction season,
NMFS expects that ultimately, there will be gains in the biomass of red
snapper and other co-occurring snapper-grouper species as a result of
the discard reduction season that could be passed on to fishermen
through future benefits such as increased catch limits and fishing
opportunities.
Management Measures in Amendment 59 Not Codified by This Proposed Rule
In addition to the measures codified within this proposed rule, for
red snapper, Amendment 59 would revise the FMSY proxy for
determining overfishing, OFL, ABC, total ACL, and establish an annual
experimental studies program.
Fishing Mortality at Maximum Sustainable Yield Proxy for Red Snapper
Overfishing
The current MSY for South Atlantic red snapper equals the yield
produced by FMSY, and F30SPR
is used as the FMSY proxy. If the current F is greater than
the FMSY or greater than the FMSY proxy of
F30SPR, overfishing is occurring.
Amendment 59 would revise the overfishing definition as: overfishing
occurs when current F is greater than FMSY or a reasonable
proxy, based on the best scientific information available. If current F
is greater than FMSY or the FMSY proxy,
overfishing is occurring. Amendment 59 would define current F as
F2021-2023. This proxy is expected to maintain stock
recovery and adequate progress through 2028 with the rebuilding plan
established in Amendment 17A to the Snapper-Grouper FMP based on recent
high recruitment (75 FR 76874, December 9, 2010).
The SEDAR 73 Update Assessment (2024) indicated that the red
snapper stock had continued to grow, was no longer overfished, but had
not yet rebuilt. Amendment 59 would apply the F from the 2021 through
2023 fishing years (F2021-23) as the FMSY proxy
based on the results of the SEDAR 73 Update Assessment, and the red
snapper stock would no longer be classified as undergoing overfishing
(FCURRENT/F2021-23 = 1.0). The use of
F2021-2023 is a reasonable FMSY proxy for the
South Atlantic red snapper stock until the next assessment is completed
in 2028. Projection results from the 2024 SEDAR 73 Update Assessment
indicate this level of fishing mortality combined with recent, above-
average recruitment will keep the stock on track to rebuild consistent
with the red snapper rebuilding plan.
Red Snapper OFL, ABC and Total ACL
The current OFL is 56,000 fish and the ABC is 53,000 fish based on
SEDAR 41 (2017), which includes both landings and dead discards. As
previously discussed, the Council developed Amendment 43 to the
Snapper-Grouper FMP in 2018 and specified the current total ACL of
42,510 fish based on landings observed during the limited red snapper
season in 2014 (83 FR 35428, July 26, 2018). Amendment 43 also
specified the current commercial ACL of 124,815 lb (56,615 kg), and the
recreational ACL of 29,656 fish based on a commercial allocation of
28.07 percent and a recreational allocation of 71.93 percent. Amendment
59 would specify an OFL of 551,000 fish (yield at
F2021-2023), and an ABC equal to 92 percent of the OFL
(F2021-2023)) of 509,000 fish (71,000 landed fish and
438,000 dead discards), based on the F2021-2023 high recent
recruitment scenario from the SEDAR 73 Update Assessment (2024). The
proposed ABC includes a buffer of eight percent from the OFL accounting
for scientific uncertainty. NMFS expects the measures in Amendment 59
and the proposed rule to reduce dead discards by at least 24 percent
resulting in a total ACL of 500,000 fish (139,000 fish as landings and
361,000 fish as dead discards).
Annual Experimental Studies Program
Although research on red snapper and other snapper-grouper species
does currently occur throughout the South Atlantic, there is not a
specific annual experimental studies program in place to reduce red
snapper discards and increase fishing opportunities. Requests to
conduct experimental studies such as an exempted fishing permit (EFP)
issued pursuant to 50 CFR 600.745(b), are evaluated by NMFS on an ad
hoc basis and issued as appropriate. For example, NMFS issued EFPs for
red snapper experimental studies to the state of Florida in 2024, the
studies are ongoing, and the EFPs are valid until July 31, 2025 (89 FR
23979, April 5, 2024; and 89 FR 23977, April 5, 2024). For state
agencies, academics, researchers, and other applicants interested in
red snapper specific projects, Amendment 59 would establish an annual
process for requesting, evaluating, and approving proposals for
innovative projects intended to reduce red snapper discards and
increase fishing opportunities. Project proposals would be evaluated
based on a fixed schedule to be developed by NMFS. Projects approved by
NMFS would authorize up to a total or combined amount of red snapper of
9,000 fish, which represents the difference between the proposed ABC
and ACL. NMFS notes that these research opportunities are not
necessarily specific to the EFPs but may also apply to other types of
research projects.
Proposed Rule for Amendment 59
This document is the proposed rule for Amendment 59 and serves as
the notice of availability for Amendment 59. In accordance with the
Magnuson-Stevens Act, NMFS has determined that this notice of
availability and proposed rule for Amendment 59 are consistent with the
Snapper-Grouper FMP, the Magnuson-Stevens Act, and other applicable
law.
Consideration of Public Comments
NMFS has prepared Amendment 59 for review, approval, and
implementation. Comments on Amendment 59 or on this proposed rule must
be received by March 17, 2025. Comments received during the respective
comment period, whether specifically directed to Amendment 59 or the
proposed rule, will be considered by NMFS and the Secretary in the
decision on whether to adopt Amendment 59 and implement the final rule.
All relevant comments received by NMFS on the amendment or the proposed
rule during the respective comment period will be addressed in the
final rule.
Classification
Pursuant to the Magnuson-Stevens Act, the NMFS Assistant
Administrator has determined that this action is consistent with the
Snapper-Grouper FMP, 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 12866. The Magnuson-Stevens Act provides
the legal basis for this proposed rule. No duplicative, overlapping, or
conflicting Federal rules have been identified. In addition, no new
reporting and record-keeping requirements are introduced by this
proposed rule. This proposed rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
NMFS prepared an initial regulatory flexibility analysis (IRFA) for
this proposed rule, as required by section 603 of the Regulatory
Flexibility Act
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(RFA), 5 U.S.C. 603. The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of this proposed rule, why it is being considered, and the purposes of
this proposed rule are contained in the SUMMARY and SUPPLEMENTARY
INFORMATION sections of the preamble. A copy of the full analysis is
available from NMFS (see ADDRESSES). A summary of the IRFA follows. All
monetary estimates in the following analysis are in 2023 dollars.
This proposed rule would: (1) increase the red snapper total ACL
from 42,510 fish to 500,000 fish based on the results of an updated
stock assessment and by reducing red snapper dead discards by at least
24 percent from the baseline, (2) establish new management measures for
the recreational sector to reduce dead discards of red snapper by
establishing a discard reduction season for the recreational sector in
which from January 1 through the end of February and from December 1
through December 31, no private recreational or for-hire fishermen may
fish for, harvest, or possess in or from the South Atlantic exclusive
economic zone in an area between 28[deg]00.0' N and the Florida/Georgia
border (30[deg]42.0' N) any species in the snapper-grouper FMU with
hook-and-line fishing gear, (3) increase the commercial trip limit for
red snapper from 75 lb (34 kg), gutted weight, to 150 lb (68 kg),
gutted weight, (4) modify the commercial fishing season for red snapper
from beginning on the second Monday in July each year to beginning on
May 1, taking effect in 2026, (5) modify the recreational fishing
season for red snapper from beginning on the second Friday in July,
consisting of weekends only (Fridays, Saturdays, and Sundays) unless
otherwise specified, to begin on the second Saturday in July beginning
in 2025 with the season consisting of Saturdays and Sundays only, (6)
modify the recreational fishing season for red snapper to begin on the
second Saturday in June, beginning in 2026 with the season consisting
of Saturdays and Sundays only, and (7) modify the fishing year for
South Atlantic red snapper from January 1 through December 31 to May 1
through April 30.
Actions (1) and (7), above, would apply to all commercial fishing
businesses, for-hire fishing businesses, and recreational fishers
(anglers) that fish for red snapper in Federal waters of the South
Atlantic. Actions (2), (5), and (6) would only apply to for-hire
fishing businesses and recreational anglers that fish for any snapper-
grouper species in the South Atlantic EEZ. Finally, actions (3) and (4)
would only apply to commercial fishing businesses that fish for red
snapper in Federal waters of the South Atlantic. None of the proposed
changes would directly apply to federally-permitted dealers. Any change
in the supply of red snapper available for purchase by dealers as a
result of this 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.
A valid South Atlantic snapper-grouper unlimited permit (SG1) or
225-lb Trip-limited permit (SG2) is required in order to legally
harvest red snapper commercially in the South Atlantic. At the end of
2020, 535 vessels possessed a valid commercial South Atlantic SG1
permit, and 104 vessels possessed a valid SG2 permit. From 2016 through
2020, an average of 660 commercial vessels possessed one of these
permits each year. NMFS does not possess complete ownership data
regarding businesses that harvest South Atlantic red snapper.
Therefore, it is not currently feasible to accurately determine
affiliations between commercial fishing vessels and the businesses that
own them. As a result, for purposes of this analysis, it is assumed
each commercial fishing vessel is independently owned by a single
business, which is expected to result in an overestimate of the actual
number of commercial fishing businesses regulated by this proposed
regulatory action. Thus, this analysis assumes that 660 commercial
fishing businesses would be regulated by this proposed rule.
This proposed rule would also regulate and directly affect
recreational anglers and for-hire fishing businesses. The RFA does not
consider recreational anglers to be entities, so they are outside the
scope of this analysis (5 U.S.C. 603). Small entities include small
businesses, small organizations, and small governmental jurisdictions
(5 U.S.C. 601(6) and 601(3)-(5)). Recreational anglers are not
businesses, organizations, or governmental jurisdictions.
A valid charter vessel/headboat South Atlantic snapper grouper
vessel permit is required in order for for-hire vessels to legally
harvest snapper-grouper species in the South Atlantic. NMFS does not
possess complete ownership data regarding vessels that hold charter
vessel/headboat South Atlantic snapper-grouper vessel permits, and thus
potentially harvest snappers or groupers. Therefore, it is not
currently feasible to accurately determine affiliations between these
vessels and the businesses that own them. As a result, for purposes of
this analysis, it is assumed each for-hire vessel is independently
owned by a single business, which is expected to result in an
overestimate of the actual number of for-hire fishing businesses
regulated by this proposed rule. Further, NMFS also does not currently
possess data on the number of for-hire fishing vessels that harvest or
target South Atlantic red snapper or snapper and grouper species in
general. However, from 2016 through 2020, the average number of for-
hire fishing vessels with charter vessel/headboat South Atlantic
snapper-grouper vessel permits was 2,059. Because these permits are
open access and thus not limited, this analysis assumes that as many as
2,059 for-hire fishing businesses could be directly regulated by this
proposed rule.
On December 29, 2015, NMFS issued a final rule establishing a small
business size standard of $11 million in annual gross receipts
(revenue) for all businesses primarily engaged in the commercial
fishing industry (NAICS code 11411) for RFA compliance purposes only
(80 FR 81194, December 29, 2015). In addition to this gross revenue
standard, a business primarily involved in commercial fishing is
classified as a small business if it is independently owned and
operated, and is not dominant in its field of operations (including its
affiliates). From 2019 through 2023, the maximum annual gross revenue
earned by a single commercial snapper-grouper vessel was approximately
$457,418, while the average annual gross revenue for a vessel
commercially harvesting red snapper in the South Atlantic was $70,028.
Based on this information, all commercial fishing businesses directly
regulated by this proposed rule are determined to be small entities for
the purpose of this analysis.
For other industries, the Small Business Administration has
established size standards for all major industry sectors in the U.S.,
including for-hire businesses (NAICS code 487210). A business primarily
involved in for-hire fishing 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 annual receipts (revenue)
not in excess of $14 million for all its affiliated operations
worldwide. The average annual gross revenue for a headboat in the South
Atlantic is estimated at $355,255, based on data from 2017. The average
annual charter vessel gross revenue is estimated at $146,438, based on
data from 2009. Information on the maximum annual gross revenue earned
by an individual headboat or charter vessel is not available; however,
NMFS
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assumes that no such businesses earned in excess of $14 million. Based
on this information, all for-hire fishing businesses regulated by this
proposed rule are determined to be small businesses for the purpose of
this analysis.
The average commercial fishing business that harvests South
Atlantic red snapper generates $70,028 per year in gross revenue from
commercial fishing. Approximately eight percent of this average annual
gross revenue represents economic profits, or about $5,602 per vessel
per year. The proposed rule would increase the commercial ACL for South
Atlantic red snapper and would be expected to increase aggregate annual
commercial landings of South Atlantic red snapper by an average of
221,185 lb (100,327.8 kg), worth an estimated $1,384,897, beginning in
the year of implementation. Given that there are approximately 192
commercial fishing businesses harvesting South Atlantic red snapper
each year, the average increase in annual gross revenue per business
would be approximately $7,213. Economic profits, therefore, would be
expected to increase by approximately 10 percent on average per
affected commercial fishing business.
This proposed rule would also modify the commercial trip limit to
150 lb (68 kg), gutted weight, from 75 lb (34 kg), gutted weight. In
general, a less restrictive commercial trip limit may increase economic
efficiency on commercial fishing trips, which would lead to an increase
in profitability for commercial red snapper vessels. However, these
effects cannot be quantified with existing data and individual fishing
businesses may experience varying effects based on their operating
characteristics and profit maximization strategies.
This proposed rule would also modify the start of the commercial
fishing season from beginning on the second Monday in July to beginning
May 1 of each year starting in 2026. NMFS does not possess the data to
directly determine whether any precise differences in profitability
would occur with a commercial fishing season beginning on May 1 of each
year. However, some economic benefits are possible. Modifying the start
of the commercial fishing season to May 1 would align with opening of
the commercial shallow-water grouper season, which could lead to an
increase in profitability on commercial red snapper trips that target
shallow-water grouper jointly in the season. Increased joint landings
of shallow-water grouper species on red snapper trips could increase
economic trip efficiency. The proposed May 1 start to the commercial
fishing season may also aid in reducing dead discards of red snapper in
some areas during the shallow-water grouper season. This could result
in faster rebuilding of the red snapper stock, providing future
benefits such as increased catch limits.
For the average South Atlantic charter vessel, annual gross revenue
is estimated to be approximately $146,438. For the average South
Atlantic headboat, annual gross revenue is estimated to be
approximately $355,255. This proposed rule would increase the total ACL
for South Atlantic red snapper, as well as the recreational ACL. If
current relative sector usage persists, the increase of 55,344 fish to
the red snapper recreational ACL would be expected to increase the
number of targeted for-hire angler trips. In the long run, factors of
production, such as labor and capital, can be used elsewhere in the
economy, and so only short-term changes to economic profits are
expected. In the South Atlantic, headboat trips take a diverse set of
anglers on a single vessel, generally advertising a diverse range of
species to be caught. Therefore, economic profits for headboats are
estimated separately from charter vessels. The expected increase in
directed red snapper recreational angler trips is expected to increase
net revenue for charter vessels and headboats by up to $391,276 and
$459,060, respectively, per year on average. The estimates will depend
on how many additional for-hire trips are booked as a result of the
increased red snapper recreational ACL and recreational season length.
Given that there are approximately 2,059 charter fishing businesses and
61 headboat businesses that are eligible to recreationally harvest
South Atlantic red snapper each year, the average increase in annual
net revenue per charter and headboat business is approximately $190 and
$7,525, respectively. Because not all permitted charter vessels may be
active and many permitted charter vessels fish in areas where red
snapper are less abundant (e.g., southeast Florida), the change in net
revenue per active charter vessel is likely underestimated and may be
considerably greater than presented here.
This proposed rule would also establish a discard reduction season
for all snapper-grouper, which would be expected to decrease directed
snapper-grouper recreational angler trips during the period from
January 1 through the end of February and from December 1 through
December 31 in the South Atlantic EEZ in an area between 28[deg]00.0' N
and the Florida/Georgia border (30[deg]42.0' N). These estimated
decreases in directed snapper-grouper charter vessel and headboat
angler trips would result in a decrease in annual net revenue of up to
$408,043 and $410,859, respectively. The average decrease in annual net
revenue per business from forgone recreational for-hire fishing trips
would be approximately $200 for charter vessels and $6,689 for
headboats. Again, the change in average net revenue for active charter
vessels may be greater than what is shown here for all permitted
vessels. When the loss in net revenue from forgone snapper-grouper
trips associated with the proposed temporal closure is combined with
the increased net revenue from the additional red snapper trips during
the open season, the overall change in annual net revenue for charter
and headboat businesses would equate to -$19,583 and $51,017 (-$10 or
$836 per vessel), respectively.
This proposed rule would also modify the recreational red snapper
fishing season from consisting of weekends only (Fridays, Saturdays,
and Sundays) that begins on the second Friday in July (unless otherwise
specified), to either begin on the second Saturday in July consisting
of Saturdays and Sundays beginning in 2025 or beginning on the second
Saturday in June consisting of Saturdays and Sundays beginning in 2026.
Estimating the differences in for-hire vessels' profitability from
differences in when the recreational red snapper season begins and
specific days of the week is not possible. Information, such as whether
net revenue per trip varies on a seasonal basis, is not available for
use in estimating the differences in profitability with respect to
varying recreational season start dates. Information on recreational
red snapper directed effort (trips that targeted or caught red snapper)
can aid in determining if the profitability may differ between start
dates. However, because the recreational red snapper season has been
only a few days long or less in recent years and has occurred entirely
in July, there is a lot of uncertainty in how demand for for-hire trips
would change if previously closed months were open to fishing. Directed
red snapper effort was higher in July and August than in June from 2019
through 2023, as expected based on the historical red snapper seasons
during that period, although May and June were higher than other
periods during the year. Therefore, a June start date may provide
similar economic returns
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to for-hire fishing businesses as a July start date.
The following discussion describes the significant alternatives to
the proposed rule that were not selected by NMFS.
Three alternatives, including the status quo, were considered for
the proposed action to increase and set the total South Atlantic red
snapper ACL equal to 500,000 fish and establish a required dead discard
reduction amount of at least 24 percent from the baseline, with the
commercial and recreational South Atlantic red snapper sector ACLs set
equal 346,000 lb (156,943 kg) and 85,000 fish respectively, based on
current sector allocations.
The status quo alternative would have retained the total ACL equal
to 42,510 fish, with a commercial ACL equal to 124,815 lb (56,615 kg),
and a recreational ACL of 29,656 fish, and with the total ACL based on
landings only. The status quo total ACL of 42,510 fish was specified in
the final rule for Amendment 43 to the Snapper-Grouper FMP and is based
on the landings observed during the limited red snapper season in 2014.
Under the status quo ACL, no changes in landings, effort, or direct
economic effects would have been expected on any small entities. The
status quo ACL is based on outdated data that no longer represents the
best scientific information available, and thus was not selected as
preferred.
The second alternative would have reduced dead discards 16 percent
from the baseline and used this discard reduction achievement to
increase the total ACL to 505,000 fish. The commercial and recreational
South Atlantic red snapper sector ACLs would equal 300,000 lb (136,078
kg) and 64,000 fish respectively. The second alternative would have
resulted in $319,700 less total ex-vessel revenue for the commercial
sector and $210,000 less total net revenue for the for-hire component
of the recreational sector compared to the proposed ACLs. This
alternative was not selected because, although it requires a smaller
discard reduction than the proposed ACLs, it results in smaller direct
and indirect social and economic benefits from the harvest of
additional red snapper.
The third alternative would have reduced dead discards 32 percent
from the baseline and used this discard reduction achievement to
increase the total ACL to 496,000 fish. The commercial and recreational
South Atlantic red snapper sector ACLs would equal 390,000 lb (176,901
kg) and 105,000 fish respectively. These sector ACLs, are higher than
those in the proposed rule, and would have resulted in $305,800 more
total ex-vessel revenue for the commercial sector and $200,079 more
total net revenue for the for-hire component of the recreational sector
compared to the proposed rule. This alternative was not selected
because it would require a larger reduction in dead discards than the
proposed rule. A larger discard reduction percentage would necessitate
larger, more restrictive area and time closures to reduce dead
discards.
Six alternatives, including the status quo, were considered for the
proposed action to establish a discard reduction season for the
recreational sector such that during December 1 through the end of
February each year, no private recreational or for-hire fishermen may
fish for, harvest, or possess in or from the South Atlantic EEZ in an
area between 28[deg]00.0' N and the Florida/Georgia border
(30[deg]42.0' N) any species in the snapper-grouper FMU with hook-and-
line fishing gear. The status quo alternative would not have
established new management measures for the recreational sector to
achieve dead discard targets for red snapper. Therefore, no changes in
directed effort or direct economic effects would have been expected on
any small entities. This alternative was not selected because a discard
reduction of at least 24 percent from the baseline is needed in order
to achieve the ACL proposed in this rule.
The second alternative would have established two discard reduction
areas for the recreational sector such that in these areas, no private
recreational or for-hire fisherman may fish for, harvest, or possess, a
species in the South Atlantic snapper-grouper FMU from the South
Atlantic EEZ that were harvested with hook-and-line fishing gear. The
first area was to be in the South Atlantic EEZ off Jacksonville,
Florida, between 30[deg]18.0' N and 30[deg]42.0' N and between the
approximate depths of 80 to 150 feet (ft) (24.3 to 45.7 meters (m)).
The second area was to be in the South Atlantic EEZ off Cape Canaveral,
Florida, between 28[deg]18.0' N and 28[deg]42.0' N latitudes and
between the approximate depths of 80 to 150 ft (24.3 to 45.7 m). The
difference in annual net revenue for for-hire vessels resulting from
the area closures of the second alternative compared to the proposed
rule is an additional loss of $1.43 million. This alternative was not
selected because this alternative would result in less net economic
benefits through shorter red snapper seasons and a lower overall red
snapper ACL than the proposed rule.
The third alternative would have established a discard reduction
season for the recreational sector. During January 1 through February
14 each year, no private recreational or for-hire fishermen would have
been allowed to fish for, harvest, or possess in or from the South
Atlantic EEZ in an area between 28[deg]00.0' N and the Florida/Georgia
border (30[deg]42.0' N) any species in the snapper-grouper FMU with
hook-and-line fishing gear. The difference in annual net revenue for
for-hire vessels resulting from the area closure of the third
alternative compared to the proposed rule would represent a gain of
$442,677. This alternative was not selected because this alternative
would provide fewer opportunities to harvest red snapper through
shorter recreational fishing seasons and a lower overall red snapper
recreational ACL than the proposed rule. This alternative was also not
selected because it would provide less indirect benefits to co-
occurring snapper-grouper species, many of which are overfished,
undergoing overfishing, or showing declining trends in abundance.
The fourth alternative would have established three discard
reduction areas for the recreational sector such that in these areas,
no private recreational or for-hire fisherman may fish for, harvest, or
possess, a species in the South Atlantic snapper-grouper FMU from the
South Atlantic EEZ that were harvested with hook-and-line fishing gear.
The first area was to be in the South Atlantic EEZ off Jacksonville,
Florida between 30[deg]18.0' N and 30[deg]42.0' N and between the
approximate depths of 80 to 150 ft (24.3 to 45.7 m). The second area
was to be in the exclusive economic zone off St. Augustine, Florida
between 29[deg]30.0' N and 29[deg]54.0' N and between the approximate
depths of 80 to 150 ft (24.3 to 45.7 m). The third area was to be in
the exclusive economic zone off Cape Canaveral, Florida between
28[deg]18.0' and 28[deg]42.0' N and between the approximate depths of
80 to 150 ft (24.3 to 45.7 m). The difference in annual net revenue for
for-hire vessels resulting from the area closures of the fourth
alternative compared to the proposed rule is an additional loss of
$2.07 million. This alternative was not selected because this
alternative would result in less net economic benefits than the
temporal closure in the proposed rule.
The fifth alternative would have established four discard reduction
areas for the recreational sector such that in these areas, no private
recreational or for-hire fisherman may fish for, harvest, or possess, a
species in the South Atlantic snapper-grouper FMU from the South
Atlantic EEZ that were harvested with hook-and-line fishing gear. The
first area was to be in the South Atlantic
[[Page 3168]]
EEZ off Jacksonville, Florida between 30[deg]24.0' N and 30[deg]42.0' N
and between the approximate depths of 70 to 110 ft (21.3 to 33.6 m).
The second area was to be in the South Atlantic EEZ off St. Augustine,
Florida between 29[deg]42.0' N and 29[deg]54.0' N and between the
approximate depths of 70 to 110 ft (21.3 to 33.6 m). The third area was
to be in the South Atlantic EEZ off Daytona Beach, Florida between
29[deg]06.0' N and 29[deg]18.0' N and between the approximate depths of
70 to 110 ft (21.3 to 33.6 m). The fourth area was to be in the South
Atlantic EEZ off Cape Canaveral, Florida between 28[deg]24.0' N and
28[deg]42.0' N and between the approximate depths of 70 to 110 ft (21.3
to 33.6 m). The difference in annual net revenue for for-hire vessels
resulting from the area closures of the fifth alternative compared to
the proposed rule is an additional loss of $2.77 million. This
alternative was not selected because this alternative would result in
less net economic benefits than the temporal closure in the proposed
rule.
The sixth alternative would have established both a discard
reduction season for the entire South Atlantic EEZ and a separate year-
round discard reduction area for the recreational sector. During
January 1 through the end of February each year, no private
recreational or for-hire fishermen would have been allowed to fish for,
harvest, or possess a species in the South Atlantic snapper-grouper FMU
from the South Atlantic EEZ. Additionally, in the year-round closed
area, no private recreational or for-hire fisherman would have been
able to fish for, harvest, or possess a species in the South Atlantic
snapper-grouper FMU from the South Atlantic EEZ off Jacksonville,
Florida between 30[deg]18.0' N and 30[deg]42.0' N and between the
approximate depths of 80 to 150 ft (24.3 to 45.7 m) that were harvested
with hook-and-line fishing gear. The difference in annual net revenue
for for-hire vessels resulting from the area closures of the second
alternative compared to the proposed rule is an additional loss of
$548,728. This alternative was not selected because this alternative
would result in less net economic benefits than the temporal closure in
the proposed rule.
Three alternatives, including the status quo, were considered for
the proposed action to increase the commercial trip limit for South
Atlantic red snapper to 150 lb (68 kg), gutted weight. The status quo
alternative would have retained the current commercial trip limit for
South Atlantic red snapper of 75 lb (34 kg), gutted weight. This
alternative was not selected because with the increase to the
commercial ACL resulting from this proposed rule, it would reduce trip
economic efficiency. This alternative was also not selected because the
higher proposed trip limit would have been expected to reduce dead
discards of red snapper during the commercial red snapper open season,
especially for trips that are longer in duration and trips that target
co-occurring species with red snapper as well. The second alternative
would have modified the commercial trip limit to be 100 lb (45.4 kg),
gutted weight. This alternative was not selected for similar reasons as
to why the status quo alternative was not selected. The third
alternative would have modified the commercial trip limit to be 200 lb
(90.7 kg), gutted weight. This alternative was not selected because it
would have resulted in a shorter commercial season relative to the
proposed rule. A shorter commercial season could lead to increased out-
of-season regulatory discards, although overall discards during the
season would have been reduced.
Two alternatives, including the status quo, were considered for the
proposed action to modify the start of the commercial fishing season to
May 1 beginning in 2026. The status quo alternative would have retained
the commercial fishing season to begin each year on the second Monday
in July. This alternative was not selected because it would not align
with the May 1 opening of shallow-water groupers, which are co-
occurring species landed jointly with red snapper. Not aligning the
season to start concurrently with the start of shallow-water grouper
season reduces economic efficiency for red snapper trips, and increases
the likelihood of red snapper discards as red snapper would not be
available for commercial retention. This alternative was also not
selected because in comparison to the proposed rule, this alternative
does not provide the opportunity for as many commercial trips to occur
in typically favorable weather conditions prior to the peak of
hurricane season and fall/winter cold fronts.
The second alternative would have modified the start of the
commercial fishing season to June 1 beginning in 2026. This alternative
was also not selected for similar reasons as to why the status quo
alternative was not selected.
Two alternatives, including the status quo, were considered for the
proposed action to modify the recreational fishing season to begin on
the second Saturday in July, consisting of Saturdays and Sundays
beginning in 2025 or to begin on the second Saturday in June,
consisting of Saturdays and Sundays beginning in 2026. The status quo
alternative would have retained the recreational season consisting of
weekends only (Fridays, Saturdays, and Sundays) beginning on the second
Friday in July, unless otherwise specified. This alternative was not
selected because it would limit the recreational fishing season to
fewer weekends of fishing compared to the proposed rule. Further, the
status quo included Friday as a fishing day in the recreational season.
This would limit opportunities of recreational anglers who work typical
weekday work schedules, increasing overall opportunity costs of
recreational red snapper anglers. The second alternative would have
modified the recreational fishing season to begin on the second
Saturday in June 2026 consisting of weekends only (Fridays, Saturdays,
and Sundays). This alternative was also not selected for similar
reasons as to why the status quo alternative was not selected.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Recreational, Red snapper, Snapper-
grouper, South Atlantic.
Dated: January 7, 2025.
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 MEXICO, 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. In Sec. 622.7, add paragraph (i) to read as follows:
Sec. 622.7 Fishing years.
* * * * *
(i) South Atlantic red snapper--May 1 through April 30.
0
3. In Sec. 622.183, revise paragraph (b)(5) and add paragraph (b)(12)
to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(5) Closures of the commercial and recreational sectors for red
snapper--(i) The commercial and recreational sectors for red snapper
are closed (i.e., red snapper may not be harvested or possessed, or
sold or purchased) in or from the South Atlantic EEZ, except as
specified in Sec. 622.193(y). Each year,
[[Page 3169]]
NMFS will announce the season opening dates in the Federal Register.
For the 2025-2026 fishing year, the commercial season will begin on the
second Monday in July, unless otherwise specified. Beginning in the
2026-2027 fishing year, the commercial season will begin annually on
May 1, unless otherwise specified. For the 2025-2026 fishing year, the
recreational season, which consists of weekends only (Saturdays and
Sundays) begins on the second Saturday in July, unless otherwise
specified. Beginning in the 2026-2027 fishing year, the recreational
season, which consists of weekends only (Saturdays and Sundays) begins
on the second Saturday in June, unless otherwise specified. NMFS will
project the length of the recreational fishing season and announce the
recreational fishing season end date in the Federal Register. See Sec.
622.193(y), for establishing the end date of the commercial fishing
season.
(ii) For the commercial sector, if the RA determines tropical storm
or hurricane conditions exist, or are projected to exist, in the South
Atlantic during a commercial fishing season, the RA may modify the
opening and closing dates of the fishing season by filing a
notification to that effect with the Office of the Federal Register and
announcing via NOAA Weather Radio and a Fishery Bulletin any change in
the dates of the red snapper commercial fishing season. For the
recreational sector, if the RA determines that weather conditions
classified by the National Weather Service at least as severe as a
Small Craft Advisory exist, or are projected to exist, in the South
Atlantic EEZ, the RA may modify the opening and closing dates of the
recreational fishing season, including off a specific South Atlantic
state (see 50 CFR 622.2 for these state definitions), by filing a
notification to that effect with the Office of the Federal Register and
announcing via NOAA Weather Radio and a Fishery Bulletin any change in
the dates of the red snapper recreational fishing season.
* * * * *
(12) Discard reduction season for the South Atlantic snapper-
grouper recreational sector. The discard reduction season described in
paragraph (b)(12)(i) of this section, is an area closed to the
recreational sector for the harvest of South Atlantic snapper-grouper
species by hook-and-line fishing gear (including trolling gear) from
January 1 through the end of February and from December 1 through
December 31, annually. The recreational bag limit using hook-and-line
fishing gear to harvest South Atlantic snapper-grouper within the
discard reduction season closed area, as described in paragraph
(b)(12)(i) of this section, is zero. During the applicable seasonal
closure, no person may harvest or possess any snapper-grouper species
in or from the discard reduction season closed area within the South
Atlantic EEZ that were recreationally harvested by hook-and-line
fishing gear (including trolling gear), except for a recreational
vessel that is in transit and with fishing gear appropriately stowed.
For the purposes of paragraph (b)(12) of this section, transit means
non-stop progression through the area. For the purposes of paragraph
(b)(12) of this section, appropriately stowed means that terminal gear
(i.e., hook, leader, sinker, flasher, or bait) used with an automatic
reel, bandit gear, handline, or rod and reel must be disconnected and
stowed separately from such fishing gear. Additionally, a rod and reel
must be removed from the rod holder and stowed securely on or below
deck.
(i) From January 1 through the end of February and from December 1
through December 31, annually, no person may recreationally harvest or
possess South Atlantic snapper-grouper using hook-and-line fishing gear
in or from the discard reduction season closed area within the South
Atlantic EEZ described by the rhumb lines connecting, in order, the
following points:
Table 12 to Paragraph (b)(12)(i)
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
1.................................... 30[deg]42.0'........... State/EEZ boundary.
2.................................... 30[deg]42.0'........... offshore U.S. EEZ boundary.
3.................................... 28[deg]00.0'........... offshore U.S. EEZ boundary.
4.................................... 28[deg]00.0'........... State/EEZ boundary.
1.................................... 30[deg]42.0'........... State/EEZ boundary.
----------------------------------------------------------------------------------------------------------------
(ii) [Reserved].
0
4. In Sec. 622.191, revise paragraph (a)(9) to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(9) Red snapper. Until the commercial ACL specified in Sec.
622.193(y)(1) is reached, 150 lb (68 kg), gutted weight.
* * * * *
0
5. In Sec. 622.193, revise paragraph (y) to read as follows:
Sec. 622.193 Annual catch limits (ACLs) and accountability measures
(AMs).
* * * * *
(y) Red snapper--(1) Commercial sector. The commercial ACL for red
snapper is 346,000 lb (156,943 kg), round weight. See Sec.
622.183(b)(5) for details on the commercial fishing season. NMFS will
monitor commercial landings during the season, and if commercial
landings, as estimated by the SRD, reach or are projected to reach the
commercial ACL, the AA will file a notification with the Office of the
Federal Register to close the commercial sector for red snapper for the
remainder of the year. On and after the effective date of the closure
notification, all sale or purchase of red snapper is prohibited and
harvest or possession of red snapper is limited to the recreational bag
and possession limits and only during such time as harvest by the
recreational sector is allowed as described in Sec. 622.183(b)(5).
This bag and possession limit and the prohibition on sale/purchase
apply in the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such species
were harvested or possessed, i.e., in state or Federal waters.
[[Page 3170]]
(2) Recreational sector. The recreational ACL for red snapper is
85,000 fish. The AA will file a notification with the Office of the
Federal Register to announce the length of the recreational fishing
season for the current fishing year. The length of the recreational
fishing season for red snapper serves as the in-season accountability
measure. See Sec. 622.183(b)(5) for details on the recreational
fishing season. On and after the effective date of the recreational
closure notification, the bag and possession limits for red snapper are
zero.
* * * * *
[FR Doc. 2025-00552 Filed 1-10-25; 4:15 pm]
BILLING CODE 3510-22-P