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 

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. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Proposed Regulation Promulgation 

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: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and 

applicable rules 

MAMMALS 

*******

Manatee, Antillean ............. Trichechus manatus 

manatus.

Wherever found ................. E [Federal Register citation when published as a final rule]. 

Manatee, Florida ................ Trichechus manatus 

latirostris.

Wherever found ................. T [Federal Register citation when published as a final rule]. 

*******

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2025–00467 Filed 1–13–25; 8:45 am] 

BILLING CODE 4333–15–P 

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; SnapperGrouper 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 


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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Proposed Rules 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-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. 

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 

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. 

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 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. 

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 

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 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 

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 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 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 

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 

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 

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 

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 

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 

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 

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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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Proposed Rules 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 § 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 

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 North lat. West long. 

1 ................................................................................... 30°42.0′ ....................................................................... State/EEZ boundary. 

2 ................................................................................... 30°42.0′ ....................................................................... offshore U.S. EEZ boundary. 

3 ................................................................................... 28°00.0′ ....................................................................... offshore U.S. EEZ boundary. 

4 ................................................................................... 28°00.0′ ....................................................................... State/EEZ boundary. 

1 ................................................................................... 30°42.0′ ....................................................................... State/EEZ boundary. 

(ii) [Reserved]. 

■ 4. In § 622.191, revise paragraph (a)(9) 

to read as follows: 

§ 622.191 Commercial trip limits. 

* * * * * 

(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). 

* * * * * 

(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. 


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3170 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Proposed Rules 

(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 

§ 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 


khammond on DSK9W7S144PROD with PROPOSALS