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[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]

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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.

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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

[[Page 3163]]

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

[[Page 3164]]

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

[[Page 3165]]

(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

[[Page 3166]]

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

[[Page 3167]]

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
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