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Request for Comments: Notice of Intent to Prepare an Environmental Impact Statement on Secretarial Amendment to End Overfishing of Red Snapper in the South Atlantic

October 09, 2024

FB24-067: South Atlantic Fishery Bulletin; For more information, contact Sustainable Fisheries Division: (727) 824-5305

Key Messages:

  • NOAA Fisheries intends to prepare an environmental impact statement to analyze management alternatives to be included in a Secretarial Amendment to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (Secretarial Amendment).
  • The environmental impact statement will evaluate a range of alternatives for setting and managing catch for South Atlantic red snapper to end overfishing and support rebuilding objectives of the stock.
  • NOAA Fisheries intends to use this opportunity to also explore management strategies that increase fishing opportunities for red snapper by reducing the amount of fish released dead.
  • The South Atlantic Fishery Management Council (South Atlantic Council) was notified of the overfishing status of red snapper on July 23, 2021, and to date, has not taken actions to end overfishing as required by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
  • The Magnuson-Stevens Act also provides the Secretary of Commerce (Secretary) authority to act if a Council fails to develop and submit to the Secretary, after a reasonable period of time, needed conservation and management measures for a species.
  • The goal is to finalize the Secretarial Amendment and environmental impact statement, as well as implement regulations, before the recreational and commercial fishing seasons open in summer 2025.
  • The purpose of this notice of intent is to solicit public comments on the scope of issues to be addressed in the environmental impact statement.
  • NOAA Fisheries is requesting public comments on the scope of issues to be addressed in the environmental impact statement.  Comments are due by November 8, 2024.

 

How to Comment On the Notice of Intent:

The comment period for scoping comments on the Notice of Intent is open now through November 8, 2024.  NOAA Fisheries requests your input on the scope of issues to be addressed. You may submit comments by electronic submission or by postal mail.  Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.

1. Go to: https://www.regulations.gov/document/NOAA-NMFS-2024-0107-0001

2. Click the "Comment" icon, complete the required fields.

3. Enter or attach your comments.

Mail: Submit written comments to: 

NOAA Fisheries, Southeast Regional Office, 
Sustainable Fisheries Division
263 13th Avenue South
St. Petersburg, Florida 33701-5505

Formal Federal Register Name/Number: 89 FR 81892, published October 9, 2024.

 

Frequently Asked Questions

What action is NOAA Fisheries taking?

NOAA Fisheries is preparing a Secretarial Amendment to end overfishing of red snapper and support rebuilding objectives.  This announcement is for the notice of intent to prepare an environmental impact statement in support of a Secretarial Amendment.  At this point, the agency is soliciting public comments on the scope of issues to be included in the environmental impact statement. 

 

What is a Secretarial Amendment?

A Secretarial Amendment is an amendment to a fishery management plan that is prepared by NOAA Fisheries on behalf of the Secretary.  This Secretarial Amendment would amend the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region.

The Magnuson-Stevens Act provides the Secretary authority to act if a Council fails to develop and submit to the Secretary, after a reasonable period of time, needed conservation and management measures for a species.

The Secretarial Amendment is similar to other amendments to fishery management plans except NOAA Fisheries prepares the amendment, then provides the amendment to the Council (and the broader public) for consideration and comment.

 

What actions will be considered in the amendment?

The amendment and supporting analyses will evaluate a range of alternative options for setting and managing red snapper catches at levels that end overfishing and support rebuilding objectives.

Our intent is to use this opportunity to explore management strategies that may increase fishing opportunities for red snapper by reducing the amount of fish released dead. 

 

Why is NOAA Fisheries taking action?

Action is required by the Magnuson-Stevens Act to end overfishing.

  • The South Atlantic Council has discussed and debated how to address or end overfishing of red snapper since receiving an overfishing notification on July 23, 2021, but has not taken any action to meet the Magnuson-Stevens Act directive to end overfishing.  The Magnuson-Stevens Act provides the Secretary authority to act if a Council has not developed and submitted to the Secretary, after a reasonable period of time, needed conservation and management measures for a species.  NOAA Fisheries implemented interim measures to reduce overfishing of red snapper in 2024 and is preparing this Secretarial Amendment to end overfishing consistent with the legal requirements of the Magnuson-Stevens Act.
  • NOAA Fisheries firmly believes that we must find ways to improve how the red snapper population in the South Atlantic is managed.  Currently, there are short commercial and recreational seasons, and low retention limits for red snapper.  To increase fishing opportunities for red snapper, dead discards must be reduced.
  • The most recent scientific information indicates the South Atlantic red snapper stock is recovering consistent with rebuilding goals owing to higher than average recruitment of young fish in recent years, yet too many red snapper are being caught and discarded dead to sustain this recovery if recruitment decreases back to more historical levels.  The magnitude of these dead discards is causing overfishing of the red snapper stock and preventing the more abundant, younger fish from surviving to the older ages necessary to sustain the population in the long term.  Management measures that reduce dead discards may serve to both end overfishing of the stock and increase the number of red snapper that can be retained by fishermen.

 

What is the timeline for these actions?

A Secretarial Amendment will not be required if the South Atlantic Council takes action to end overfishing and NOAA Fisheries has approved and submitted a final rule to implement the South Atlantic Council’s action to the Federal Register on or before June 6, 2025.

Per a settlement agreement approved by the D.C. District Court in August 2024, we intend to transmit the final rule implementing the Secretarial Amendment to the Federal Register on or before June 6, 2025, and in time to specify management measures for the 2025 red snapper commercial and recreational fishing seasons.

 

Will the South Atlantic Council and public have an opportunity to provide comment?

There will be multiple opportunities for the South Atlantic Council and public to provide comment on the Secretarial Amendment and supporting analyses.

In addition to this request for scoping comments on the notice of intent, NOAA Fisheries intends to hold both virtual and in-person public hearings likely in early 2025.  During these meetings, public comments will be collected on the Secretarial Amendment.  A Federal Register notice and Fishery Bulletin will announce these public hearings.

There will also be opportunity for public comment period during the review of the draft environmental impact statement, amendment, supporting analyses, and proposed regulations.

 

What are the next steps and overall process for the development of the Secretarial Amendment?

  1. This fishery bulletin announces NOAA Fisheries publication of a notice of intent to prepare an environmental impact statement in support of the Secretarial Amendment in the Federal Register.  The public is invited to submit comments during a 30-day comment period.  Comments may be made through regulations.gov.
  2. NOAA Fisheries will develop the Secretarial Amendment.
  3. NOAA Fisheries will hold in-person and virtual public hearings likely in early 2025.  The public may provide comments during the meetings.  NOAA Fisheries will announce the meeting information in the Federal Register and a Fishery Bulletin.  The Magnuson-Stevens Act requires the Secretary to conduct public hearings, at appropriate times and locations in the geographical areas concerned, so as to allow interested persons an opportunity to be heard in the preparation and amendment of the plan and any regulations implementing the plan.
  4. NOAA Fisheries will send the Secretarial Amendment to the South Atlantic Council for review.  The Magnuson-Stevens Act requires whenever the Secretary prepares a Secretarial Amendment, the Secretary shall immediately submit such plan or amendment to the appropriate Council for consideration and comment.
  5. There will be public comment periods on the draft environmental impact statement, amendment, and proposed rule.  These may occur around February/March 2025.
  6. The settlement agreement requires NOAA Fisheries to transmit the final rule implementing the Secretarial Amendment to the Federal Register on or before June 6, 2025.
  7. The Secretarial Amendment will not be required if the South Atlantic Council prepares a plan amendment or proposed regulations to end overfishing and NOAA Fisheries has approved and submitted a final rule to implement the South Atlantic Council’s action to the Federal Register by June 6, 2025. 

 

Where can I find more information on the Secretarial Amendment?

  • Contact NOAA Fisheries, Southeast Regional Office

By Mail: 
NOAA Fisheries, Southeast Regional Office
Sustainable Fisheries Division
263 13th Avenue South
St. Petersburg, Florida 33701-5505
By Phone: (727) 824-5305


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Quick Glance Contact List for the NOAA Fisheries Southeast Regional Office

Permits Mailbox: The Permits Office in St. Petersburg, Florida, now has a Permits mailbox in the front lobby (263 13th Ave. South, St. Petersburg, FL 33701).  You can now drop off original permits for permit transfers. Envelopes with information labels will be provided so that your documents can be attached to the correct application.  The mailbox will be checked daily.  For more information, contact the Permits Office at 877-376-4877.

Other contacts:

Media: Allison Garrett, 727-551-5750
NOAA Fisheries’ Southeast Recreational Fishing Coordinator: Sean Meehan, 727-385-5202

Last updated by Southeast Regional Office on October 09, 2024