NOAA Fisheries Informs the South Atlantic Fishery Management Council the Agency is Preparing a Secretarial Amendment to End Overfishing of Red Snapper

Key Messages:

During the South Atlantic Fishery Management Council (South Atlantic Council) meeting being held in Charleston, South Carolina, NOAA Fisheries' Southeast Regional Administrator, Andy Strelcheck, told South Atlantic Council members the agency is preparing a Secretarial Amendment to end overfishing of red snapper. A Secretarial Amendment is an amendment to a fishery management plan that is prepared by NOAA Fisheries on behalf of the Secretary of Commerce (Secretary). This Secretarial Amendment would amend the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region.

The Magnuson-Stevens Fishery Conservation and Management Act (MSA) 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 fishery management plan amendments, except NOAA Fisheries and not the South Atlantic Council prepares the amendment. NOAA Fisheries then provides the amendment to the Council (and the broader public) for consideration and comment.

The Secretarial Amendment and supporting analyses will evaluate a range of alternative options for setting and managing red snapper catches at levels that end overfishing (slow the rate of red snapper being removed from the population) and support rebuilding this red snapper population. At this time, management alternatives are in development. We will soon be requesting input through a public scoping process. As the Secretarial Amendment is developed, actions and alternatives will be shared with the public and South Atlantic Council for comment and input.

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

Background:

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 that meets the MSA requirements to end overfishing. NOAA Fisheries firmly believes that we must find ways to end overfishing and 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. 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 MSA.

In the past 18 months, NOAA Fisheries was sued three times for failing to end overfishing of South Atlantic red snapper. On August 22, 2024, a D.C. District Court approved a settlement agreement between NOAA Fisheries and plaintiffs for one of these lawsuits. The settlement agreement requires NOAA Fisheries to submit the final rule implementing the Secretarial Amendment to the Federal Registeron or before June 6, 2025.

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 Council's action to the Federal Registeron or before June 6, 2025.

What action is NOAA Fisheries taking?

NOAA Fisheries is preparing a Secretarial Amendment to end overfishing of red snapper. 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 landing red snapper by reducing the amount of fish released dead.

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 MSA 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 except NOAA Fisheries prepares the amendment, then provides the amendment to the Council (and the broader public) for consideration and comment.

How do we plan to end overfishing and create fishing opportunities at the same time?

NOAA Fisheries is looking at ways to increase fishing opportunities for landing red snapper by reducing the amount of fish released dead. At this time, management alternatives are in development. We will soon be requesting input through a public scoping process. As the Secretarial Amendment is developed, actions and alternatives will be shared with the public and South Atlantic Council for comment and input.

Why is NOAA Fisheries taking action?

Action is required by the MSA to end overfishing.

• The South Atlantic Council has discussed and debated how to address or end overfishing of this stock since receiving an overfishing notification on July 23, 2021, but has not taken any action to meet the MSA requirements to end overfishing. The MSA 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 in 2024 and is preparing this Secretarial Amendment to end overfishing consistent with the legal requirements of the MSA.
• NOAA Fisheries believes that we must find ways to improve management of the red snapper population in the South Atlantic. Currently, there are short commercial and recreational seasons and low retention limits for red snapper. To increase fishing opportunities for red snapper, 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.
• 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 Registeron or before June 6, 2025.

What is the timeline for these actions?

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

Will the public have an opportunity to provide comments?

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

In the coming month, NOAA Fisheries will be initiating the scoping process under the National Environmental Policy Act. There will be a 30-day written public comment period on the actions and issues to be considered in the draft environmental impact statement.

NOAA Fisheries intends to hold both virtual and in-person public hearings in early 2025. During these meetings, public comments will be collected on the Secretarial Amendment. A separate Federal Registernotice and Fishery Bulletin will announce these public hearings.

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

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

NOAA Fisheries will publish a notice of intent to prepare an environmental impact statement in support of the Secretarial Amendment in the Federal Registerand will send out a Fishery Bulletin. The public will be invited to submit scoping comments during a 30-day comment period. Comments may be made through regulations.gov.

NOAA Fisheries will next develop the Secretarial Amendment.

NOAA Fisheries plans to hold in-person and virtual public hearings in early 2025. The public may provide comments at the meetings. NOAA Fisheries will announce the meeting information in the Federal Registerand a Fishery Bulletin. The MSA 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 implementing regulations.

NOAA Fisheries will send the Secretarial Amendment to the South Atlantic Council for review. The MSA 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.

There will be public comment periods on the draft environmental impact statement, proposed rule, and amendment.

The settlement agreement requires NOAA Fisheries to submit the final rule implementing the Secretarial Amendment to the Federal Registeron or before June 6, 2025. 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 Registeron or before June 6, 2025.

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