This amendment modifies regulations within Madison-Swanson and Steamboat Lumps Marine Protected Areas. In both areas, fishing is prohibited year-round. Possession of reef fish is prohibited for vessels in transit unless the vessel has an operating vessel monitoring system, a valid federal commercial Gulf of Mexico Reef Fish Permit, and fishing gear is appropriately stowed.
This final rule is effective August 20, 2021.
This framework increases the gray triggerfish annual catch limits and targets in pounds, whole weight to:
|Stock ACL||Commercial ACL||Commercial ACT||Recreational ACL||Recreational ACT|
This final rule is effective July 29, 2021.
Reef Fish Amendment 51 – Establish Gray Snapper Status Determination Criteria, Reference Points, and Modify Annual Catch Limits
This amendment establishes status determination criteria for gray snapper including, an estimate of maximum sustainable yield (MSY), minimum stocks size threshold (MSST), and optimum yield (OY). This amendment also modifies the maximum fishing mortality threshold (MFMT). Finally, the amendment modifies the gray snapper catch limit and removes the annual catch target. The 2020 gray snapper annual catch limit is set at 2,240,000 pounds and the annual catch limit for 2021 and subsequent years is 2,230,000 pounds.
This final rule is effective December 17, 2020.
This amendment reduces the commercial greater amberjack trip limit to 1000 pounds gutted weight. Additionally, when 75% of the commercial annual catch target is harvested, the trip limit will be reduced to 250 pounds gutted weight.
This final rule is effective May 14, 2020.
This amendment reduces the buffer between the annual catch limit and annual catch target for the federal for-hire component for red snapper to 9.
This final rule is effective March 23, 2020.
This amendment delegates some management authority for recreational fishing of red snapper by private anglers in federal waters to the Gulf states. Each state is allocated a portion of the red snapper private angling quota and has authority to set the private angling fishing season, bag limit, and minimum size limit (between 14-18 inches). If the landings of a state exceed that state’s quota, the state’s quota will be reduced by the amount of the overage in the following year. The state specific private angling quotas are as follows:
|Percentage of Total Private Angling Quota||19.120||3.550||26.298||44.822||6.210|
|Amount of 2020 Quota (pounds)*||816,233||151,550||1,122,662||1,913,451||265,105|
This final rule is effective on February 6, 2020.
This action reduces the red grouper commercial and recreational annual catch limits and annual catch targets as follows:
|Stock ACL||Commercial ACL||Commercial ACT||Recreational ACL||Recreational ACT|
The combined commercial and recreational landings have been trending down since 2014. Additionally, an interim red grouper stock analysis suggested that the stock may be in decline and supported a harvest reduction. In October 2018, the Council requested an interim rule to reduce annual catch limits by setting them equal to the red grouper landings from 2017, and initiated work on this framework action. The interim rule published in May 2019, temporarily reduced the annual catch limits while this action was developed.
This final rule is effective October 31, 2019.
This amendment adds three new sea turtle release gear options and simplifies existing requirements for fishermen with Federal commercial or charter/headboat permits. The amendment also modifies the fishery management plan framework procedure to streamline future changes to release gear and handling requirements for sea turtles.
This final rule is effective June 17, 2019.
This amendment sets the red snapper federal for-hire annual catch target at 9% below the federal for-hire component annual catch limit for 2019 only.
This final rule is effective April 4, 2019.
This amendment increases the commercial and recreational annual catch limits (ACL) and recreational annual catch targets (ACT) for Gulf of Mexico red snapper and reduces the stock ACL for west Florida hogfish. The amendment also reduced the buffer between the catch limit and catch target for red snapper for the federal for-hire component from 20 to 9 in 2019 only. The 2018 and new red snapper ACLs and ACTs in millions of pounds, whole weight, are listed below:
|Red Snapper Sector||2018 annual catch limit||2019+ annual catch limit||2018 annual catch target||2019 and 2020+ annual catch target|
|Recreational Federal For-Hire||2.848||3.130||2.278||
The 2018 and new west Florida hogfish stock catch limits in pounds, whole weight, are listed below.
|Stock catch limit||219,000||129,500||141,300||150,400|
This final rule is effective April 4, 2019.
This amendment removes the annual catch target (ACT) for mutton snapper and decreases the annual catch limit (ACL) to 134,424 pounds for 2018 and 139,392 pounds for 2019. The amendment also sets the recreational mutton snapper bag limit at 5-snapper per day within the 10-snapper aggregate bag limit and increases the commercial and recreational minimum size limit to 18 inches. Finally, the amendment increases the commercial minimum size limit for gag to 24 inches.
This final rule is effective July 23, 2018.
This Amendment requires all reef fish permitted vessels landing federally managed reef-fish to land at approved locations and hail-in at least 3 hours, but no more than 24 hours before landing. The Amendment returns red snapper and grouper-tilefish shares from non-activated individual fishing quota (IFQ) accounts to the National Marine Fisheries Service (NMFS) for redistribution and allows NMFS to withhold a portion of IFQ allocation at the start of the year equal to an anticipated quota reduction.
The actions to return non-activated shares and withhold quota in the event of an anticipated quota decrease is effective July 12, 2018.
The advance notice of landing requirement is effective January 1, 2019.
Reef Fish Amendment 47 – Establish a Vermilion Snapper MSY Proxy and Adjust the Stock Annual Catch Limit
This amendment sets the vermilion snapper annual catch limit at 3,110,000 pounds through the year 2021. It also sets the vermilion snapper maximum sustainable yield (MSY) proxy equal to the yield when fishing at F30 SPR.
This final rule is effective June 13, 2018.
This amendment modifies the recreational fishing year to begin on August 1 and run through July 31 of the following year. It also modifies the recreational season so that it’s closed from January 1 – April 30, June 1 -July 31, and November 1 – December 31.
This final rule is effective April 30, 2018.
This final rule removes the 1000 hook limitation on the number of unrigged hooks allowed per bottom longline vessel in the eastern Gulf exclusive economic zone (EEZ), while retaining the limit of 750 hooks that can be rigged for fishing. Removing the restriction on the total number of hooks kept on board is expected to make trips more economical by allowing fishing with the maximum number of hooks to continue without having to return to port or request additional hooks from other vessels. In addition, maintaining the current limit of 750 hooks rigged for fishing preserves the reductions in sea turtle interactions since the implementation of Amendment 31.
This final rule is effective February 6, 2018.
This amendment uses the annual catch limit (ACL)/ annual catch target (ACT) control rule to establish a 13% buffer for the commercial sector and a 17% buffer to the recreational sector. The greater amberjack annual catch limits and targets are as follows:
The amendment also creates a recreational closed season from January 1 – June 30.
This final rule is effective January 27, 2018.
This amendment establishes a 9-year rebuilding timeline for gray triggerfish and retains the annual catch limits and annual catch targets set in Reef Fish Amendment 37. Additionally, the amendment reduces the recreational bag limit to 1-fish per person per day, increases the recreational minimum size limit to 15-inches fork length, and creates a January – February recreational closed season in addition to the current June-July 31 closure during spawning for the commercial and recreational sector. Finally, the amendment also increases the commercial trip limit to 16-fish.
This final rule is effective January 16, 2018.
Reef Fish Amendment 44 – Minimum Stock Size Threshold (MSST) Revision for Reef Fish Stocks with Existing Status Determination Criteria
This amendment standardizes the minimum stock size threshold for certain reef fish species. Minimum stock size threshold is used to determine whether or not a stock is considered to be overfished; if the biomass of the stock falls below the threshold then the stock is considered to be overfished. The minimum stock size threshold for gag, red grouper, red snapper, vermilion snapper, gray triggerfish, greater amberjack, and hogfish is equal to 50 of the biomass at maximum sustainable yield. The minimum stock size threshold is not expected to affect management action as fishing is primarily constrained by the overfishing definition. As long as overfishing is prevented, the stock biomass should never drop to the MSST level.
This final rule is effective December 21, 2017.
Reef Fish Amendment 43 – Hogfish Stock Definition, Status Determination Criteria, Annual Catch Limit, and Size Limit
This Amendment revises the Gulf of Mexico (Gulf) hogfish fishery management unit to include all hogfish found in the Gulf Federal Waters north of the line extending due west from 25°09′ North latitude off the west coast of Florida, and sets annual catch limits for 2017 and 2018 at 219,000 pounds whole weight. The annual catch limit will revert to 159,300 pounds for 2019 and subsequent years. This amendment also increases the commercial and recreational minimum size limit to 14 inches fork length and prohibits the use of powerheads for harvesting hogfish in the Gulf stressed area. Finally, this amendment corrects a charter vessel definition so it’s consistent with the headboat definition.
This final rule is effective August 24, 2017.
This Amendment changes the commercial and recreational yellowtail snapper fishing year so that it opens on August 1 and runs through July 31, each year. The amendment also modifies the circle hook requirement so that the use of circle hooks is not required while commercial fishing with natural bait for yellowtail snapper south of Cape Sable (the line extending due west from 25°09’ N. latitude off the west coast of Monroe County, Florida, to the Gulf and South Atlantic Councils’ shared boundary).
This final rule is effective March 13, 2017.
This amendment increases the commercial and recreational allowable harvest for red grouper. The catch limits are as follows: Commercial annual catch limit (ACL) – 8,190,000 pounds, Commercial Quota – 7,780,000 pounds, Recreational ACL – 2,580,000 pounds, Recreational annual catch target (ACT) – 2,370,000 pounds.
This final rule is effective October 12, 2016.
This amendment revises the commercial and recreational allocation for red snapper so that 48.5 of the total annual catch limit is allocated to the commercial sector and 51.5 of the total annual catch limit is allocated to the recreational sector. The increase for the recreational sector is the amount attributable to the re-calibration of Marine Recreational Information Program (MRIP) catch estimates between 2015 and 2017. This allocation will remain in place until changed by the Council.
This final rule is effective May 31, 2016. *Note: A court order vacated this amendment and NOAA Fisheries reinstated the previous sector allocations (51 commercial / 49 recreational).
This amendment revises the gag recreational closed season to January 1 to May 31, annually. This revised closed season is expected to reduce the amount of dead discards of gag that occur during the Gulf of Mexico’s (Gulf) recreational season for red snapper that begins on June 1, annually, and to extend the gag recreational fishing season beyond the current December closure date to provide the opportunity for the recreational sector to harvest the recreational annual catch limit (ACL). The amendment also increases the recreational minimum size limit in Gulf Federal waters for both species to 24 inches total length (TL) to be consistent with the Federal waters of the South Atlantic and state waters off Monroe County, Florida. The Council decided that the benefits of having a size limit for these species that is consistent with both the South Atlantic and the state size limits for the waters off Monroe County, Florida, will outweigh any impacts of increased discard rates for these species. Furthermore, gag are sometimes misidentified as black grouper and having the same recreational minimum size limit for gag and black grouper may assist the public in complying with the applicable regulations for gag and black grouper. Additionally, increasing the recreational minimum size limit for these species is expected to provide the opportunity for more gag and black grouper to become sexually mature and spawn.
This final rule is effective May 25, 2016.
This Framework Action will:
- Decrease the total annual catch limit from 1,780,000 pounds whole weight to 1,720,000 pounds whole weight
- Set the commercial annual catch limit at 464,400 pounds whole weight and the commercial quota at 394,740 pounds whole weight
- Set the recreational annual catch limit at 1,255,600 pounds whole weight and the recreational quota at 1,092,372 pounds whole weight
- Reduce the commercial trip limit from 2,000 pounds whole weight to 1,500 pounds gutted weight
- Increase the minimum recreational size limit from 30 inches fork length to 34 inches fork length
This final rule is effective January 4, 2016.
This Amendment extends the 3-year sunset provision for the Gulf of Mexico red snapper recreational sector separation measure and the respective red snapper component quotas and annual catch targets for an additional 5 years (through 2022). Red snapper recreational sector separation, which established distinct federal for-hire and private angling components of the red snapper recreational sector, was initially implemented in the 2015 fishing year through Reef Fish Amendment 40.
This final rule is effective January 3, 2016.
This framework action will withhold 4.9 percent (352,000 pounds) of the 2016 red snapper commercial quota in the Gulf of Mexico to cover the increase in allocation to the recreational sector through Reef Fish Amendment 28. If approved, Amendment 28 would reallocate red snapper harvest between the commercial and recreational sectors from 51/49 percent to 48.5/51.5 percent, respectively. The distribution of commercial individual fishing quota allocations occurs on January 1, 2016. The 352,000 pounds to be held back will result in a commercial quota of 6,768,000 pounds. If Amendment 28 is not approved, the 352,000 pounds withheld will be returned to the commercial individual fishing quota program and distributed to the shareholders.
This final rule is effective December 28, 2015.
This action sets the commercial and recreational quotas and the recreational annual catch targets (ACT) for the 2015, 2016, and 2017 fishing years for red snapper based on the annual biological catches (ABC) recommended by the Scientific and Statistical Committee (SSC) and on the current commercial and recreational allocations (51-percent commercial and 49-percent recreational). Quotas for subsequent fishing years would remain at 2017 levels unless changed by future rulemaking.
- The quotas are as follows:
|Year||ABC||Total Quota||Comm Quota||Rec Quota||Rec ACT|
|2015||14.30 mp||14.30 mp||7.293 mp||7.007 mp||5.605 mp|
|2016||13.96 mp||13.96 mp||7.120 mp||6.840 mp||5.473 mp|
|2017+||13.74 mp||13.74 mp||7.007 mp||6.733 mp||5.386 mp|
This final rule is effective June 1, 2015.
This amendment establishes a red snapper federal for-hire component that includes all for-hire operators with a valid or renewable federal reef fish for-hire permit, and a private angling component that includes all other for-hire operators and private recreational anglers. It also allocates the recreational red snapper quota and annual catch target based on 50 of the average percentages landed by each component between 1986 and 2013 (2010 excluded) and 50 of the average percentages landed by each component between 2006 and 2013 (2010 excluded).This results in federal for-hire and private angling allocations of 42.3 and 57.7 respectively. Finally, Amendment 40 establishes separate red snapper season closure provisions for the federal for-hire and private angling components.
This final rule is effective May 22, 2015.
(Note: Grouper/Red Snapper Allocation was separated from Sector Separation in November 2012)
- Public Comments on Sector Separation Amendment (before being combined with Allocations)
- Online Public Comments on Sector Separation/Allocation Amendment (combined)
This action proposes a reduction in the recreational red grouper bag limit to 2 fish per day within the 4-fish aggregate grouper bag limit. It also proposes to eliminate the accountability measure that automatically reduced the red grouper bag limit in the subsequent season if the recreational quota is exceeded in the current season. The fixed closed season of February 1 through March 31 in waters beyond the 20-fathom contour (which applies to red, black, scamp, yellowfin, and yellowmouth grouper) remains in place.
Note: the 3-fish red grouper bag limit that was implemented in April 2013 was the result of the automatic bag limit reduction accountability measure which is proposed to be repealed. That bag limit was a temporary measure that will expire on December 31. Consequently, on January 1, 2015, the red grouper bag limit in federal waters will temporarily revert to 4 fish until the proposed Framework Action is approved and implemented by the National Marine Fishereis Service.
This final rule is effective May 7, 2015.
This framework action adds two long-term recreational accountability measures for red snapper. The first accountability measure establishes a recreational annual catch target. The annual catch target is 20 percent less than the recreational quota. Projected recreational seasons will be based on the annual catch target rather than the quota. This measure is expected to reduce the probability of exceeding the quota in any given year from 50 percent to 15 percent.
The second accountability measure is an overage adjustment that is only applied when the red snapper population is considered over-fished (the population is too low). In the event the recreational quota is exceeded, the recreational quota will be reduced in the year following the overage by the amount of the overage. This quota reduction could be modified if the best scientific information available determines that a different amount is necessary. Under this measure, the recreational annual catch target would be set at 20 percent below the adjusted quota.
The final rule became effective April 20, 2015.
This framework action was approved by the Council in February 2014 and was submitted to the National Marine Fisheries Service on March 27, 2014, but was then withdrawn in April 2014. It proposed to rescind the condition requiring vessels with a Gulf charter/headboat permit for reef fish to comply with federal recreational reef fish regulations, if more restrictive than state regulations, when fishing for reef fish in state waters. A similar condition for vessels with commercial reef fish permits would remain in place. For dual-permitted vessels (both a commercial and charter/headboat permit), the condition would apply when the vessel is operating as a commercial vessel but not when operating as a charter vessel or headboat. The framework was withdrawn.
This amendment modifies the frequency of headboat reporting to be on a weekly basis (or intervals shorter than a week if notified by the Science and Research Director) via electronic reporting, and will be due by 11:59 p.m., local time, the Sunday following a reporting week. If no fishing activity occurs during a reporting week, an electronic report so stating must be submitted for that week.
This final rule is effective March 5, 2014.
Framework Action to Establish 2013 Red Snapper Quotas and Supplemental Recreational Red Snapper Season
This Framework Action increases the 2013 quotas for commercial and recreational harvest of red snapper in the Gulf of Mexico and sets the timing for a supplemental recreational fishing season for red snapper.
This final rule is effective October 1, 2013.
This framework action establishes a 10-vermilion snapper recreational bag limit within the 20-reef fish aggregate, increases the Gulf of Mexico yellowtail snapper Annual Catch Limit from 725,000 lb round weight to 901,125 lb round weight, and removes the requirement to have onboard and use venting tools when releasing reef fish.
This final rule is effective September 3, 2013.
Framework Action to Set the 2013 Red Snapper Commercial and Recreational Quotas and Modify the Recreational Bag Limit
This framework action increases the red snapper quotas from 4.121 mp commercial and 3.959 mp recreational to: Commercial Quota Recreational Quota 4.315 mp 4.145 mp. The framework action also retains the 2-fish per angler bag limit. This action is projected to result in a 27-day recreational season, beginning June 1, provided that Texas maintains its existing state regulations and the remaining Gulf States adopt consistent regulations.
This final rule is effective May 29, 2013.
Framework Action to Set the 2013 Gag Recreational Fishing Season & Modify the February-March Shallow-Water Grouper Closed Season
This amendment establishes a 2013 gag recreational fishing season and eliminates the February 1 through March 31 shallow-water grouper closure shoreward of 20 fathoms.
This final rule is effective July 5, 2013.
Amendment 37 was implemented May 9, 2013 for annual catch limits (ACL) and annual catch targets (ACT), and June 10, 2013 for management measures, modified the gray triggerfish rebuilding plan based on a 2011 gray triggerfish update assessment, which determined that the stock was not rebuilding on target. This amendment reduced the commercial and recreational ACL to 64,100 and 241,200 pounds whole weight respectively, and reduced the commercial and recreational ACTs to 60,900 and 217,100 pounds whole weight respectively. To meet the necessary reductions, a fixed closed season from June 1 through July 31 was established for the commercial and recreational sectors. In addition, this amendment established a commercial trip limit of 12 gray triggerfish, and a recreational bag limit of 2 gray triggerfish per angler bag limit within the 20 reef fish aggregate. The recreational accountability measures were modified by establishing an in-season closure authority based on the recreational ACT, and an overage adjustment to reduce the gray triggerfish ACL and ACT by the amount of the overage. This overage adjustment applies only while gray triggerfish is overfished.
This final rule is effective June 10, 2013 except for the amendments to §§ 622.39(a)(1)(vi) and 622.41(b) which are effective May 9, 2013.
Amendment 38 revised the post-season recreational accountability measure (AM) that reduces the length of the recreational season for all shallow-water grouper in the year following a year in which the annual catch limit (ACL) for gag or red grouper is exceeded. The modified AM reduces the recreational season of only the species for which the ACL was exceeded.
Additionally, the reef fish framework procedure was modified to include the addition of AMs to the list of items that can be changed through the standard framework procedure. This allows for faster implementation of measures designed to maintain harvest at or below the ACL. General language was added to the framework to accommodate future changes in naming of the Council’s advisory committees and panels.
This final rule is effective March 1, 2013.
A 2009 greater amberjack stock assessment update shows that the stock remains overfished and continues to experience overfishing. This amendment sets the annual catch limit at 1,780,000 pounds whole weight and establishes an annual catch target of 1,539,000 pounds whole weight. The amendment also establishes a 2,000-pound commercial trip limit.
This final rule is effective December 13, 2012.
Amendment 34 to the Reef Fish Fishery Management Plan addresses crew size limits for dually permitted vessels. Dually permitted vessels are vessels with both a charter for-hire permit and a commercial reef fish permit. The amendment eliminates the earned income qualification requirement for the renewal of commercial reef fish permits and increases the maximum crew size from three to four.
This final rule is effective November 19, 2012.
This regulatory amendment sets the 2012 and 2013 quotas for commercial and recreational red snapper harvest. The quotas can be increased because recent population assessments show that overfishing has ended.
The red snapper allowable catch would be increased from 7.185 million pounds whole weight in 2011 to the following:
|Commercial Allocation (51)||4.121||4.432|
|Recreational Allocation (49)||3.959||4.258|
If the 2012 overall quota is exceeded, the 2013 quota increase would require further scientific review and potential modification by the Gulf of Mexico Fishery Management Council.
The regulatory amendment also eliminates the fixed recreational red snapper closed season of October 1 – December 31. By eliminating the closure date, the National Oceanic and Atmospheric Administration (NOAA) Fisheries Service can re-open the recreational harvest for red snapper if any remaining quota is available, without the delay of additional rulemaking.
This final rule is effective June 29, 2012.
Reef Fish Amendment 33 (not submitted)
This amendment considered the establishment of an individual fishing quota (IFQ) program for additional reef fish species. A scoping document was prepared, but at the April 2012 Council meeting the Council voted to cease working on the document and requested that supporters of the proposed IFQ program contact the council to provide a rationale for why the program should go forward.
Amendment 32 establishes annual catch limits and annual catch targets for 2012 to 2015 for gag and for 2012 for red grouper. The amendment also:
- establishes a rebuilding plan for gag
- sets recreational bag limits, size limits and closed seasons for gag/red grouper in 2012
- contains a commercial gag and shallow-water grouper quota adjustment to account for dead discards
- makes adjustments to multi-use IFQ shares in the grouper individual fishing quota program
- reduces the commercial gag size limit
- modifies the offshore time and areas closures
- revises gag, red grouper, and shallow-water grouper accountability measures
This final rule is effective March 12, 2012.
This August 2011 Red Grouper Regulatory Amendment increases the 2011 total allowable catch (TAC) to 6.88 million pounds and allows the TAC to increase from 2012 to 2015. The increases in TAC are contingent upon the TAC not being exceeded in previous years. If TAC is exceeded in a given year, it will remain at that year’s level until the effects of the overage are evaluated by the Scientific and Statistical Committee. The amendment also increases the red grouper bag limit to 4 fish per person.
This final rule is effective November 2, 2011.
This framework action is intended to avoid in-season quota closures during peak economic fishing months, maximize social and economic benefits, and potentially provide biological benefits by protecting the stock during the peak spawning period. This regulatory framework action modifies the existing greater amberjack recreational fishing season, creating a June 1 – July 31 closed season. This closure coincides with the open recreational seasons for other managed reef fish species, such as red snapper. By dividing the recreational greater amberjack season into two portions that bracket the red snapper season, recreational anglers have the opportunity to fish for at least one of the targeted species year round (provided the recreational quota is not exceeded). This gives the for-hire and private recreational sectors the opportunity for a greater number of fishing days for highly targeted or prized reef fish species, potentially improving the social and economic benefits.
This final rule is effective May 31, 2011.
This amendment increases the red snapper total allowable catch (TAC) from 6.945 million pounds (mp) to 7.185 mp. This increase is consistent with goals and objectives of the Council’s red snapper rebuilding plan, and provides a substantial safety buffer by keeping the TAC 25 percent below the overfishing limit (which is also the maximum rebuilding yield). Based on the current 51 commercial and 49 recreational allocation of red snapper, the increase in TAC will adjust the commercial and recreational quotas from 3.542 and 3.403 mp to 3.66 mp and 3.51 mp in 2011. The commercial sector is under an individual fishing quota program and has maintained landings within their quota in recent years. The projected recreational fishing season length will be announced before the season opens on June 1.
This rule is effective May 31, 2011.
This amendment sets the red grouper total allowable catch (TAC) at 5.68 MP GW for 2011. Based on the 76:24 commercial and recreational allocation of red grouper, the commercial quota will be 4.32 MP GW and the recreational allocation will be 1.36 MP GW for 2011. The TAC and commercial quota will remain at the 2011 levels until modified by a subsequent amendment or framework procedure.
The regulatory amendment also provides a more specific definition of buoy gear by limiting the number of hooks, limiting the terminal end weight, restricting materials used for the line, restricting the length of the drop line, and where the hooks may be attached. In addition, the Council requested that each buoy must display the official number of the vessel (USCG documentation number or state registration number) to assist law enforcement in monitoring the use of the gear, which requires rulemaking.
This rule is effective January 1, 2011, except for the amendment to § 622.42(a)(1)(iii)(A), which will be effective upon further notification in the Federal Register.
The amendment increases the red snapper total allowable catch (TAC), making the resulting recreational and commercial quotas consistent with goals and objectives of the Gulf of Mexico Fishery Management Council’s red snapper rebuilding plan. This regulatory amendment increases red snapper TAC from 5.0 million pounds (mp) to 6.945 mp.
This final rule is effective June 2, 2010.
Amendment 31 addresses sea turtle interactions with bottom longline fishing gear in the reef fish fishery of the Gulf of Mexico.
Management actions contained in the amendment include:
- Longline endorsement requirement – Vessels must have average annual reef fish landings of 40,000 pounds gutted weight or more from 1999 through 2007;
- Reef fish bottom longline fishing restricted to outside the 35-fathom depth contour from June – August;
- Vessels are limited to 1000 hooks of which no more than 750 of which can be rigged for fishing or fished.
This final rule is effective May 26, 2010.
Amendment 30B addresses the overfishing of Gag grouper, and defines its maximum stock size threshold (MSST) and optimum yield (OY). The amendment also sets interim allocations of gag and red grouper catches between recreational and commercial fisheries, and makes adjustments to the red grouper total allowable catch (TAC) to reflect the current status of the stock, which is currently at OY levels. Additionally, the amendment establishes annual catch limits (ACL) and accountability measures (AM) for the commercial and recreational red grouper fisheries, commercial and recreational gag fisheries, and commercial aggregate shallow-water fishery.
For the commercial sector, the amendment for 2009 reduces the aggregate shallow-water grouper quota from 8.80 mp to 7.8 mp, increases the red grouper quota from 5.31 mp to 5.75 mp, and sets a gag quota of 1.32 mp. The gag and shallow-water grouper quotas are scheduled to increase in subsequent years as the gag stock rebuilds. When 80 percent of a grouper species quota is reached, the allowable catch per trip for that species will be reduced to an incidental catch limit of 200 pounds until the species quota is filled, in order to reduce discard mortality of that species while fishermen target other species.
The amendment repeals the commercial closed season of February 15 to March 15 on gag, black and red grouper, and replaces it with a January through April seasonal area closure to all fishing at the Edges 40 fathom contour, a 390 nautical square mile gag spawning region northwest of Steamboat Lumps. In addition, the Steamboat Lumps and Madison-Swanson fishing area restrictions will be continued indefinitely.
For the recreational sector, the amendment reduces the aggregate grouper bag limit from five fish to four, increases the red grouper bag limit from one fish to two, and sets a two-fish bag limit for gag. A recreational closed season on shallow-water grouper was established from February 1 through March 31.
Finally, the amendment requires that all vessels with federal commercial or charter reef fish permits must comply with the more restrictive of state or federal reef fish regulations when fishing in state waters.
Amendment 30B was implemented May 18, 2009. On July 24, 2009, a correction was implemented to resolve an error contained in the rule that would have implemented a longer season closure that was not intended and was not supported by Amendment 30B.
Amendment 30A addresses the overfishing and overfished status of gray triggerfish and greater amberjack.
The amendment proposes to reduce the harvest of both greater amberjack and gray triggerfish in order to end overfishing and rebuild the stocks. The amendment also proposes to adjust the allocation of gray triggerfish and greater amberjack catches between recreational and commercial fisheries and set management thresholds and targets to comply with the Sustainable Fisheries Act (SFA) for gray triggerfish.
This final rule is effective July 28, 2008.
Amendment 29 established an individual fishing quota (IFQ) system for the commercial grouper and tilefish fishery, which began January 1, 2010.
This final rule is effective September 30, 2009; however, the applicability date for all the amendments except for amendments to § 622.7 (gg) and (hh), § 622.20(b), § 622.20(c)(3)(v), and § 622.20(c)(6) is January 1, 2010. A supplemental rule was implemented on March 31, 2010.
- Analysis of Capacity
- Analysis of Technical Efficiency
- Analysis of Market Power
- Captain and Crew Survey
- Community Analysis I
- Community Analysis II
- Dealer Survey
- Demand Analysis
- Participants’ Survey
- Quota Flexibility in Multi-Species Fisheries
- Summary of Social Network Analysis of Grouper-Tilefish Allocation Transfers
Amendment 27/14 addresses overfishing and bycatch issues in both the red snapper directed fishery and the shrimp fishery. The amendment sets total allowable catch (TAC) at 5.0 mp between 2008 and 2020. The commercial sector will receive a quota of 2.55 mp, with the remaining quota of 2.45 mp going to the recreational sector. The amendment also reduces the commercial size limit to 13”, reduces the recreational bag limit to two fish, sets the bag limit for captain and crew aboard a for-hire vessel at zero, and sets the recreational fishing season from June 1 – September 30. In addition, all commercial and recreational reef fish fisheries will be required to use non-stainless steel circle hooks when using natural baits, as well as venting tools and dehooking devices.
For the shrimp fishery, the amendment establishes a target reduction goal for juvenile red snapper mortality of 74 less than the benchmark years of 2001-2003, reducing that target goal to 67 beginning in 2011, eventually reducing the target to 60 by 2032. If necessary, a seasonal closure in the shrimp fishery will occur in conjunction with the annual Texas closure (which begins on or about May 15). The need for a closure will be determined by an annual evaluation by the National Marine Fisheries Service (NMFS) Regional Administrator.
This final rule is effective February 28, 2008, except for § 622.41(m) which is effective June 1, 2008.
This amendment revises management measures for vermilion snapper to those prior to implementation of Reef Fish Amendment 23 by reducing the minimum size limit for from 11 inches to 10 inches total length (TL); eliminating the 10 fish bag limit for vermilion snapper and retaining the current 20-fish aggregate bag limit for those reef fish species without a species-specific bag limit; and eliminating the April 22 through May 31 commercial closed season for vermilion snapper.
This rule is effective February 4, 2008, except for the amendments to§ 622.16(c)(3)(i) and (ii) which are effective January 3, 2008 and the amendment to § 622.39(b)(1)(x) which is
effective February 4, 2008 through March 28, 2008.
This amendment establishes an individual fishing quota (IFQ) system for the commercial red snapper fishery. The amendment requires that, for any single fishing year, no person shall own IFQ shares that represent a percentage of the total, which exceeds the maximum percentage issued to a recipient at the time of the initial apportionment of IFQ shares (e.g., ~8). It also restricts initial eligibility to persons owning a Class 1 or Class 2 license, and allocates initial IFQ shares proportionately among eligible participants based on average annual landings. During the first 5 years of the program, IFQ shares/allocations can be transferred only to individuals/vessels with a valid commercial reef fish permit and to US citizens and permanent resident aliens thereafter. The IFQ program will be evaluated by the Council every 5 years.
This final rule is effective January 1, 2007, except Amendments to § 622.4(p)(4) § 622.7(gg), and (hh) are effective November 22, 2006. The existing stay of § 622.16 is lifted, effective November 22, 2006. The revision of § 622.16(b) is effective November 22, 2006. The new stay of § 622.16, except paragraph (b), is effective November 22, 2006, until January 1, 2007.
This amendment establishes a limited access system on for-hire reef fish and coastal migratory pelagics permits. Permits are renewable and transferable in the same manner as currently prescribed for such permits. The Council will have a periodic review at least every 10 years on the effectiveness of the limited access system.
Reef Fish Amendment 25 is effective June 15, 2006
This amendment established a one-fish recreational bag limit for red grouper; a closed recreational season for red, gag, and black grouper from February 15 – March 15 ; and prohibits captain and crew of for-hire vessels from retaining grouper when under charter. The purpose of the amendment is to return red grouper landings to levels specified in the red grouper rebuilding plan, and prevent or minimize impacts on gag and other grouper resulting from more restrictive recreational red grouper regulations.
This final rule is effective July 17, 2006.
This final rule is effective December 18, 2006.
Amendment 24, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), establishes a permanent limited access system for the commercial fishery for Gulf of Mexico reef fish. Permits issued under the limited access system are renewable and transferable. This amendment was developed concurrently with Coastal Pelagics Fishery Management Plan Amendment 15, which creates a permanent limited access system for the mackerel fishery.
This final rule is effective August 17, 2005.
Amendment 23, including a Supplemental Impact Statement (SEIS), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), contains a rebuilding plan and sets the Sustainable Fisheries Act (SFA) parameters for vermilion snapper.
This final rule is effective July 8, 2005.
Amendment 22, including a Supplemental Environmental Impact Statement (SEIS), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), submitted to the National Marine Fisheries Service (NMFS) June 2004, . It contains a rebuilding plan and sets the Sustainable Fisheries Act (SFA) parameters for red snapper. It also establishes bycatch reporting methodologies for the reef fish fishery.
This final rule is effective July 5, 2005.
Amendment 21, including a Supplemental Environmental Impact Statement (SEIS), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), continues the Madison-Swanson and Steamboat Lumps marine reserves for an additional 6 years, until July 2010, and modifies the fishing restrictions within the reserves to allow surface trolling on a seasonal basis.
This final rule is effective June 3, 2004.
Secretarial Amendment 2, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Regulatory Flexibility Analysis (RFA), sets maximum sustainable yield (MSY), optimum yield (OY), maximum fishing mortality threshold (MFMT), and minimum stock size threshold (MSST) levels for greater amberjack that are in compliance with the Sustainable Fisheries Act, and it establishes a ten-year rebuilding plan for greater amberjack based on three-year intervals. No specific management measures were proposed in this amendment, since the greater amberjack harvest is currently within the total allowable catch (TAC) specified for the first three-year interval.
This final rule is effective June 17, 2003.
Secretarial Amendment 1, including a Supplemental Environmental Impact Statement (SEIS), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), contains a ten-year rebuilding plan for red grouper based on three-year intervals. It specifies maximum sustainable yield (MSY), optimum yield (OY), maximum fishing mortality threshold (MFMT), and minimum stock size threshold (MSST) levels that comply with the Sustainable Fisheries Act. A red grouper assessment, completed in 2002, found that approximately a 10 reduction relative to the recent fishing mortality during 1999-2001 was required for the first three years of the rebuilding plan in order to implement the plan.
To accomplish this, the Council proposed that the revised Secretarial Amendment include a 5,200 pound shallow-water grouper gutted weight commercial trip limit that will achieve a 10 red grouper harvest reduction, a reduction in the shallow-water grouper quota from 9.35 million pounds gutted weight (9.8 million pounds whole weight) to 8.80 million pounds gutted weight, repeal the Feb. 15 – Mar. 15 closed season on commercial harvest of red grouper, black grouper and gag in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) (which appeared to be resulting in mini-derby fisheries around the closed season rather than a fishing reduction), and set a recreational bag limit of two red grouper out of the five aggregate grouper bag limit per person, with a double bag limit allowed for persons on qualified for-hire boats that are out over 24 hours.
In addition, the Council proposed changing the quota for deep-water grouper from 1.6 million pounds whole weight (equal to 1.35 million pounds landed weight) to a gutted weight quota of 1.02 million pounds (equal to the average annual harvest 1996-2000), and establishing a landed weight quota for tilefish (all tilefish species in aggregate) at 0.44 million pounds (average annual harvest 1996-2000). The National Marine Fisheries Service (NMFS) rejected the proposed 5,200 pound shallow-water grouper trip limit and the repeal of the February 15 – March 15 commercial closed season. The remaining proposed measures were approved, and the National Oceanic and Atmospheric Administration (NOAA) Fisheries added a commercial red grouper quota of 5.31 million pounds gutted weight with the stipulation that the commercial shallow-water grouper fishery close when either the shallow-water grouper quota or red grouper quota is reached, whichever occurs first.
This final rule is effective July 15, 2004.
aka Generic Charter/Headboat Moratorium Amendment
Amendment 20, also known as the Corrected Charter/Headboat Moratorium Amendment, was initially implemented in July 2002 and includes an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), . It is designated both as Reef Fish Amendment 20 and Coastal Pelagic Fishery Management Plan (FMP) Amendment 14. This amendment established a 3-year moratorium on the issuance of new charter and headboat vessel permits in the recreational for-hire fisheries in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ). The amendment was approved by the National Oceanic and Atmospheric Administration (NOAA) Fisheries and the provisions to determine eligibility and distribute moratorium permits was implemented on July 29, 2002, with the moratorium originally scheduled to become effective on December 26, 2002. However, on December 17, 2002, the National Marine Fisheries Service (NMFS) published an emergency action that deferred the date when “moratorium” charterboat permits are required from December 26, 2002 until June 16, 2003. This action was required because the final rule implementing the for-hire permit moratorium contained an error regarding eligibility that needed to be resolved before the moratorium could take effect. The purpose of this moratorium is to limit future expansion in the recreational for-hire fishery while the Council monitors the impact of the moratorium and considers the need for a more comprehensive effort management system in the for-hire recreational fishery. The Council set a qualifying cutoff date of March 29, 2001 in order to include all currently permitted vessels and vessels which have applied for a permit as of that date. The qualifying provisions also included persons who had a recreational for-hire vessel under construction prior to March 29, 2001 and who could show expenditures of at least five thousand dollars. In addition, persons who met the eligibility requirements to qualify as a historical captain (USCG licensed and operating as a captain of a for-hire vessel prior to March 29, 2001, will qualify for a permit within 90 days of the final rule, and at least 25 percent of earned income was from recreational for-hire fishing in one of the last four years ending March 29, 2001) were issued a letter of eligibility, which can be replaced by a permit/endorsement valid only on the vessel that is operated by the historical captain.
aka Generic Amendment for Tortugas Ecological Reserves
Amendment 19, including a Supplemental Environmental Impact Statement (SEIS), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), also known as the Generic Amendment Addressing the Establishment of the Tortugas Marine Reserves, affects all Fishery Management Plans (FMP) for the Gulf fisheries (as Reef Fish Amendment 19, Coastal Migratory Pelagics Amendment 13, Coral Amendment 4, Red Drum Amendment 4, Shrimp Amendment 12, Spiny Lobster Amendment 7, and Stone Crab Amendment 8), establishes two marine reserve areas off the Tortugas area, and prohibits fishing for any species and anchoring by fishing vessels inside the two marine reserves.
This final rule is effective August 19, 2002.
Reef Fish Amendment 18B (not submitted)
Amendment 18B was to have addressed rebuilding plans for Nassau grouper and goliath grouper, incorporation of the Southeast Data and Review (SEDAR) process into the framework procedure for setting total allowable catch (TAC), and setting of Sustainable Fisheries Act parameters (minimum stock size threshold, maximum fishing mortality rate, and associated parameters) for reef fish species that have not yet had those parameters defined. Nassau grouper has been removed from the Reef Fish Fishery Management Plan (FMP), and the goliath grouper rebuilding plan is awaiting successful completion of a stock assessment. The remaining issues were incorporated into other amendments, and Amendment 18B was discontinued.
Amendment 18A, including a Supplemental Environmental Impact Statement (SEIS), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), addresses issues primarily involving grouper management. Issues addressed in this amendment include the following:
- Effort Capacity Control
- Simultaneous Commercial and Charter Vessel Permits on a Vessel
- Maximum Crew Size on a Charter Vessel When Fishing Commercially
- Enforcement and Monitoring Issues
This final rule is effective September 8, 2006, except for the Amendments to §§ 622.4 (m)(1) and 622.9, which are effective December 7, 2006, and §§ 622.4(h)(1) and 635.4(m)(1), which are effective September 1, 2006.
Amendment 17, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), extended the commercial reef fish permit moratorium for another five years, from its previous expiration date of December 31, 2000 to December 31, 2005, unless replaced sooner by a comprehensive controlled access system. The purpose of the moratorium is to provide a stable environment in the fishery necessary for evaluation and development of a more comprehensive controlled access system for the entire commercial reef fish fishery.
This final rule is effective August 2, 2000.
The amendment, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), increased the commercial size limit for gag from 20 to 24 inches total length (TL), increased the recreational size limit for gag from 20 to 22 inches TL, prohibited commercial sale of gag, black, and red grouper each year from February 15 to March 15 (during the peak of gag spawning season), and established two marine reserves on areas suitable for gag and other reef fish spawning aggregations sites that are closed year-round to fishing for all species under the Council’s jurisdiction. The two sites cover 219 square nautical miles near the 40-fathom contour, off west central Florida. An additional proposal to continue increasing the recreational minimum size limit for gag and black grouper by one inch per year until it reached 24 inches TL was rejected by the National Oceanic and Atmospheric Administration (NOAA) Fisheries because it was felt that it would have a disproportionate impact on the recreational fishery vs. the commercial fishery.
This final rule is effective June 19, 2000.
The amendment maintains the status quo red snapper total allowable catch (TAC) of 9.12 million pounds for the next two years, pending an annual review of the assessment; increase the red snapper recreational minimum size limit from 15 inches to 16 inches total length; set the red snapper recreational bag limit at 4 fish; reinstate the red snapper recreational bag limit for captain and crew of recreational for-hire vessels; set the recreational red snapper season to be April 15 through October 31, subject to revision by the Regional Administrator to accommodate reinstating the bag limit for captain and crew, set the commercial red snapper Spring season to open on February 1 and be open from noon on the 1st until noon on the 10th of each month until the Spring sub-quota is reached; set the commercial red snapper Fall season to open on October 1 and be open from noon on the 1st to noon on the 10th of each month until the remaining commercial quota is reached; retain the red snapper commercial minimum size limit at status quo 15 inches total length; and allocate the red snapper commercial season sub-quota at 2/3 of the commercial quota, with the Fall season sub-quota as the remaining commercial quota.
This rule is effective January 19, 2000 through June 19, 2000, except that Sec. 622.34(n) is effective January 1, 2000, through June 19, 2000.
Amendment 16B, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), set a recreational bag limit of one speckled hind and one warsaw grouper per vessel, with the prohibition on the sale of these species when caught under the bag limit.
This final rule is effective November 24, 1999.
This amendment proposed to maintain the status quo red snapper total allowable catch (TAC) of 9.12 million pounds; reduce the recreational bag limit for red snapper to 4 fish for recreational fishermen and zero fish for captain and crew of for-hire vessels; set the opening date of the recreational red snapper fishing season to March 1; reduce the minimum size limit for red snapper to 14 inches total length for both the commercial and recreational fisheries; and change the opening criteria for the second commercial red snapper fishing season from the first 15 days to the first 10 days of each month beginning September 1, until the suballocation is met or the season closes on December 31.
This regulatory amendment follows up the same set of proposals requested under an emergency action, of which the National Marine Fisheries Servie (NMFS) approved only the proposal for a 4-fish bag limit. An interim rule implemented by NMFS in January 1999 reduced the recreational bag limit for red snapper from 5 to 4 fish per person and retained the 15-inch minimum size limit for both the commercial and recreational fishing season to commence in January 1999.
Amendment 16A, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), submitted to the National Marine Fisheries Service (NMFS) in June 1998, was partially approved and implemented on January 10, 2000. The approved measures provided: (1) that the possession of reef fish exhibiting the condition of trap rash on board any vessel with a reef fish permit that is fishing spiny lobster or stone crab traps is prima facie evidence of illegal trap use and is prohibited except for vessels possessing a valid fish trap endorsement; (2) that NOAA Fisheries establish a system design, implementation schedule, and protocol to require implementation of a vessel monitoring system (VMS) for vessels engaged in the fish trap fishery, with the cost of the vessel equipment, installation, and maintenance to be paid or arranged by the owners as appropriate; and, (3) that fish trap vessels submit trip initiation and trip termination reports. Prior to implementing this additional reporting requirement, there will be a one-month fish trap inspection/compliance/education period, at a time determined by the National Oceanic and Atmospheric Administration (NOAA) Fisheries Regional Administrator and published in the Federal Register. During this window of opportunity, fish trap fishermen will be required to have an appointment with NMFS enforcement for the purpose of having their trap gear, permits, and vessels available for inspection. The disapproved measure was a proposal to prohibit fish traps south of 25.05 degrees north latitude beginning February 7, 2001. The status quo 10-year phase-out of fish traps in areas in the Gulf exclusive economic zone (EEZ) is therefore maintained.
This amendment proposed maintaining the status quo red snapper total allowable catch (TAC) of 9.12 million pounds, but set a zero bag limit for the captain and crew of for-hire recreational vessels in order to extend the recreational red snapper quota season. The National Marine Fisheries Service (NMFS) provisionally approved the TAC, releasing 6 million pounds, with release of all or part of the remaining 3.12 million pounds to be contingent upon the capability of shrimp trawl bycatch reduction devices (BRD) to achieve better than a 50 percent reduction in juvenile red snapper shrimp trawl mortality. The zero bag limit for captain and crew of for-hire recreational vessels was not implemented. Following an observer monitoring program of shrimp trawl BRDs, conducted during the Summer of 1998, NMFS concluded that BRDs would be able to achieve the reduction in juvenile red snapper mortality needed for the red snapper recovery program to succeed and the 3.12 million pounds of TAC held in reserve was released on September 1, 1998.
This interim rule is effective May 14, 1998 through October 13, 1998 except for the suspension of §§ 622.34(l) and 622.39(b)(1)(iii) and the addition of §§ 622.34(m) and 622.39(b)(1)(vi), which are effective April 29, 1998, through October 13, 1998 and except for the suspension of § 622.42(a)(2) and the addition of § 622.42(g)(2), which are effective April 14, 1998, through October 13, 1998.
Amendment 15, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), was implemented in January 1998 and prohibited harvest of reef fish from traps other than permitted reef fish traps, stone crab traps, or spiny lobster traps. It also removes sea bass, grunts, and porgies from the Council’s reef fish fishery management plan.
This rule is effective January 29, 1998, except that the Amendments to 15 CFR 902 and §§ 622.4(d) and (p), and 622.7(b) are effective December 30, 1998, and § 622.34(l) is effective January 1, 1997. The interim final rule published on September 11, 1997 (62 FR47765), which became effective September 14, 1997, through March 10, 1998, is to continue in effect indefinitely.
The amendment changed the opening date of the second 1997 commercial red snapper season from September 15 to September 2 at noon and closed the season on September 15 at noon; thereafter the commercial season was opened from noon of the first day to noon of the fifteenth day of each month until the 1997 quota was reached. It also complied with the new Magnuson-Stevens Act requirement that recreational red snapper be managed under a quota system by authorizing the National Marine Fisheries Service (NMFS) Regional Administrator to close the recreational fishery in the exclusive economic zone (EEZ) at such time as projected to be necessary to prevent the recreational sector from exceeding its allocation. Subsequent to implementation of a recreational red snapper quota, the recreational red snapper fishery filled its 1997 quota of 4.47 million pounds, and was closed on November 27, 1997 for the remainder of the calendar year.
This rule is effective October 6, 1997, except that the removal of Sec. 622.42(a) introductory text and the revision of Sec. 622.42 (a)(1) is effective September 2, 1997, and the revision of Sec. 622.34(l) is effective September 15, 1997.
Amendment 14, including EA, RIR and IRFA, provided for a ten-year phase-out for the fish trap fishery; allowed transfer of fish trap endorsements for the first two years and thereafter only upon death or disability of the endorsement holder, to another vessel owned by the same entity, or to any of the 56 individuals who were fishing traps after November 19, 1992 and were excluded by the moratorium; and prohibited the use of fish traps west of Cape San Blas, Florida. The amendment also provided the Regional Administrator (RA) of the National Oceanic and Atmospheric Administration (NOAA) Fisheries with authority to reopen a fishery prematurely closed before the allocation was reached, and modified the provisions for transfer of commercial reef fish vessel permits. In addition, the amendment prohibited the harvest or possession of Nassau grouper in the Gulf exclusive economic zone (EEZ), consistent with similar prohibitions in Florida state waters, the south Atlantic EEZ, and the Caribbean EEZ.
This final rule is effective March 25 and April 24, 1997.
Amendment 13, including the Environmental Assessment (EA), Regulatory impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), further extended the red snapper endorsement system through the remainder of 1996 and, if necessary, through 1997, in order to give the Council time to develop a permanent limited access system that was in compliance with the new provisions of the Magnuson-Stevens Act.
This final rule is effective September 15, 1996.
Amendment 12, including Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), reduced the greater amberjack bag limit from three fish to one fish per person, and created an aggregate bag limit of 20 reef fish for all reef fish species not having a bag limit.
This final rule is effective January 15, 1997.
Reef Fish Amendment 11 (1996) (including EA, RIR and IRFA)
Amendment 11 was partially approved by the National Marine Fisheries Service (NMFS) and implemented in January 1996. The six approved provisions are: (1) limit sale of Gulf of Mexico (Gulf) reef fish by permitted vessels to permitted reef fish dealers; (2) require that permitted reef fish dealers purchase reef fish caught in Gulf federal waters only from permitted vessels; (3) allow transfer of reef fish permits and fish trap endorsements in the event of death or disability; (4) implement a new reef fish permit moratorium for no more than five years or until December 31, 2000, while the Council considers limited access for the reef fish fishery; (5) allow permit transfers to other persons with vessels by vessel owners (not operators) who qualified for their reef fish permit; and, (6) allow a one time transfer of existing fish trap endorsements to permitted reef fish vessels whose owners have landed reef fish from fish traps in federal waters, as reported on logbooks received by the Science and Research Director of the National Oceanic and Atmospheric Administration (NOAA) Fisheries from November 20, 1992 through February 6, 1994. NOAA Fisheries disapproved a proposal to redefine optimum yield (OY) from 20 percent spawning potential ratio (SPR) (the same level as overfishing) to an SPR corresponding to a fishing mortality rate of F0.1 until an alternative operational definition that optimizes ecological, economic, and social benefits to the nation could be developed. In April 1997, the Council resubmitted the OY definition with a new proposal to redefine OY as 30 percent SPR. The resubmission document was disapproved by NMFS.
This final rule is effective January 1, 1996.
Reef Fish Amendment 10 (not submitted)
Withdrawn Amendment 10, including Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), would have extended the validity of additional fish trap endorsements for the duration of the fish trap moratorium that was implemented under Amendment 5. These additional endorsements were to have been issued under an emergency rule, requested in March 1994, to alleviate economic hardships after the Council heard from fishermen who entered the fish trap fishery after the November 19, 1992 cutoff date and stated that they were unaware of the impending moratorium. The Council rejected the proposed amendment in May 1994 after the National Oceanic and Atmospheric Administration (NOAA) Fisheries stated that it had notified fishermen of the pending moratorium and fish trap endorsement criteria during the time between Council final action and NOAA Fisheries implementation if they asked about fish trap rules or if they requested application materials and NOAA Fisheries was aware that it was for purposes of entering the fish trap fishery. The Council also considered arguments that the change in qualifying criteria circumvented the intent of the fish trap moratorium to halt expansion of the fish trap fishery at the November 19, 1992 level. After the Council rejected Amendment 10, NOAA Fisheries subsequently rejected the emergency request.
This amendment set the 1996 red snapper total allowable catch (TAC), raised the red snapper TAC from 6 million pounds to 9.12 million pounds, with 4.65 million pounds allocated to the recreational sector. Recreational size and bag limits remained at 5 fish and 15 inches total length. The recovery target date to achieve 20 percent spawning potential ratio (SPR) was extended to the year 2019, based on new biological information that red snapper live longer and have a longer generation time than previously believed. A March 1996 addendum to the regulatory amendment split the 1996 and 1997 commercial red snapper quotas into two seasons each, with the first season opening on February 1 with a 3.06 million pound quota, and the second season opening on September 15 with the remainder of the annual quota.
Amendment 9, including Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), implemented in July 1994, provided for collection of red snapper landings and eligibility data from commercial fishermen for the years 1990 through 1992. The purpose of this data collection was to evaluate the initial impacts of the limited access measures being considered under Amendment 8 and to identify fishermen who may qualify for initial participation under a limited access system. This amendment also extended the reef fish permit moratorium and red snapper endorsement system through December 31, 1995, in order to continue the existing interim management regime until longer term measures can be implemented. The Council received the results of the data collection in November 1994, at which time consideration of Amendment 8 resumed.
This final rule is effective July 27, 1994.
Amendment 8, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), proposed establishment of a red snapper Individual Transferable Quota (ITQ) system. It was approved by the National Marine Fisheries Service (NMFS) and final rules were published in the Federal Register on November 29, 1995. However, concerns about Congressional funding of the ITQ system made it inadvisable for the ITQ system to become operational, pending Congressional action. In October 1996, Congress, through reauthorization of the Magnuson-Stevens Act, repealed the red snapper ITQ system and prohibited Councils from submitting, or NOAA Fisheries from approving and implementing, any new individual fishing quota program before October 1, 2000.
This final rule is effective April 1, 1996; except that the amendments to 15 CFR part 902 and 50 CFR 641.2, 641.7(s), 641.24(g), and the additions 50 CFR 641.7(ee) and 641.10 heading and paragraph (c), are
effective November 24, 1995.
This amendment retained the 6 million pound red snapper total allowable catch (TAC) and commercial trip limits and set the opening date of the 1995 commercial red snapper fishery as February 24, 1995; since the recreational sector exceeded its 2.94 million pound red snapper allocation each year since 1992, this regulatory amendment reduced the daily bag limit from 7 fish to 5 fish, and increased the minimum size limit for recreational fishing from 14 inches to 15 inches a year, ahead of the scheduled automatic increase.
Amendment 7, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), implemented in February 1994, established reef fish dealer permitting and record keeping requirements, allowed transfer of fish trap permits and endorsements between immediate family members during the fish trap permit moratorium, and allowed transfer of other reef fish permits or endorsements in the event of the death or disability of the person who was the qualifier for the permit or endorsement. A proposed provision of this amendment that would have required permitted vessels to sell harvested reef fish only to permitted dealers was disapproved by the Secretary of Commerce and was not implemented.
This final rule is effective March 14, 1994.
Amendment 6, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Regulatory Flexibility Analysis (RFA), implemented in June 1993, extended the provisions of an emergency rule for red snapper endorsements for the remainder of 1993 and 1994, and it allowed the red snapper trip limits for qualifying and non-qualifying permitted vessels to be changed under the framework procedure for specification of total allowable catch (TAC).
Amendment 5, including a supplemental Environmental Impact Statement (SEIS), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), established restrictions on the use of fish traps in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ), implemented a three-year moratorium on the use of fish traps by creating a fish trap endorsement and issuing the endorsement only to fishermen who had submitted logbook records of reef fish landings from fish traps between January 1, 1991 and November 19, 1992, created a special management zone (SMZ) with gear restrictions off the Alabama coast, created a framework procedure for establishing future SMZ’s, required that all finfish except for oceanic migratory species be landed with head and fins attached, and closed the region of Riley’s Hump (near Dry Tortugas, Florida) to all fishing during May and June to protect mutton snapper spawning aggregations.
This final rule is effective February 7, 1994.
The amendment, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), set the opening date of the 1994 commercial red snapper fishery as February 10, 1994, and restricted commercial vessels to landing no more than one trip limit per day. The shallow-water grouper regulations were also evaluated, but no change was made. The shallow-water grouper total allowable catch (TAC), which previously had only been specified as a commercial quota, was specified as a total harvest of 15.1 million pounds (with 9.8 million pounds allocated to the commercial quota) and 20-inch total length (TL) size limit for gag, red, Nassau, yellowfin and black grouper.
This final rule is effective January 1, 1994.
This amendment raised the 1993 red snapper total allowable catch (TAC) from 4.0 million pounds to 6.0 million pounds to be allocated with a commercial quota of 3.06 million pounds and a recreational allocation of 2.94 millions pounds (to be implemented by a 7-fish recreational daily bag limit). The amendment also changed the target year to achieve a 20 percent red snapper SPR from 2007 to 2009, based on the Plan provision that the rebuilding period may be for a time span not exceeding 1.5 times the potential generation time of the stock and an estimated red snapper generation time of 13 years (Goodyear 1992).
Amendment 4, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), implemented in May 1992, established a moratorium on the issuance of new reef fish permits for a maximum period of three years. The moratorium was created to moderate short term future increases in fishing effort and to attempt to stabilize fishing mortality while the Council considers a more comprehensive effort limitation program. It allows the transfer of permits between vessels owned by the permittee or between individuals when the permitted vessel is transferred. Amendment 4 also changed the time of the year that total allowable catch (TAC) is specified from April to August and included additional species in the reef fish management unit.
November 1991 Regulatory Amendment (including EA, RIR and IRFA)
The amendment, including an Environmental Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA), raised the 1992 commercial quota for shallow-water groupers to 9.8 million pounds (using the corrected gutted-to-whole weight conversion factor of 1.05, see footnote 1), after a red grouper stock assessment indicated that the red grouper spawning potential ratio (SPR) was substantially above the Council’s minimum target of 20 percent, and the Council concluded that the increased quota would not materially impinge on the long-term viability of at least the red grouper stock.
This final rule is effective June 22, 1992.
Amendment 3, including an Environmental Assessment (EA) and Regulatory Impact Review (RIR), implemented in July 1991, provided additional flexibility in the annual framework procedure for specifying total allowable catch (TAC) by allowing the target date for rebuilding an overfished stock to be changed depending on changes in scientific advice, except that the rebuilding period cannot exceed 1.5 times the generation time of the species under consideration. It revised the FMP’s primary objective, definitions of optimum yield and overfishing and framework procedure for TAC by replacing the 20 percent SSBR target with 20 percent spawning potential ratio (SPR). The amendment also transferred speckled hind from the shallow-water grouper quota category to the deep-water grouper quota category.
The amendment, including an Environmental Assessment (EA) and Regulatory Impact Review (RIR), provided a one-time increase in the 1991 quota for shallow-water groupers from 9.2 million pounds to 9.92 million pounds. This action was taken to provide the commercial fishery an opportunity to harvest 0.7 million pounds that went unharvested in 1990 due to an early closure of the fishery in 1990. The National Marine Fisheries Service (NMFS) had projected the 9.2 million-pound quota to be reached on November 7, 1990, but subsequent data showed that the actual harvest was 8.5 million pounds.
This final rule is effective November 12, 1991.
This amendment reduced the red snapper total allowable catch (TAC) from 5.0 million pounds to 4.0 million pounds to be allocated with a commercial quota of 2.04 million pounds and a 7-fish recreational daily bag limit (1.96 million pound allocation) beginning in 1991. This amendment also contained a proposal by the Council to effect a 50 percent reduction of red snapper bycatch in 1994 by the offshore exclusive economic zone (EEZ) shrimp trawler fleet, to occur through the mandatory use of finfish excluder devices on shrimp trawls, reductions in fishing effort, area or season closures of the shrimp fishery, or a combination of these actions.
This combination of measures was projected to achieve a 20 percent SPR by 2007. The 2.04 million pound quota was reached on August 24, 1991, and the red snapper fishery was closed to further commercial harvest in the EEZ for the remainder of the year. In 1992, the commercial red snapper quota remained at 2.04 million pounds; however, extremely heavy harvest rates resulted in the quota being filled in just 53 days, and the commercial red snapper fishery was closed on February 22, 1992.
Amendment 2, including EA, RIR and RFA, implemented in 1990, prohibited the harvest of goliath grouper (jewfish) to provide complete protection for this species in federal waters in response to indications that the population abundance throughout its range was greatly depressed. This amendment was initially implemented by emergency rule.
Amendment 1, including environmental assessment (EA), regulatory impact review (RIR), and regulatory flexibility analyses (RFA), to the Reef Fish Fishery Management Plan (FMP), implemented in 1990, was a major revision of the original FMP. It set as a primary objective of the FMP the stabilization of long-term population levels of all reef fish species by establishing a survival rate of biomass into the stock of spawning age to achieve at least 20 percent spawning stock biomass per recruit (SSBR), relative to the SSBR that would occur with no fishing. The target date for achieving the 20 percent SSBR goal was set at January 1, 2000. Among the management measures implemented were:
- Set a red snapper 13-inch total length minimum size limit, 7-fish recreational bag limit and 3.1 million-pound commercial quota that together were to reduce fishing mortality by 20 percent and begin a rebuilding program for that stock;
- Prohibit the sale of undersized red snapper and delete the allowance to keep 5 undersized red snapper;
- Set a 20-inch total length minimum size limit on red Nassau, yellowfin, black, and gag groupers;
- Set a 50-inch total length minimum size limit on goliath grouper (jewfish);
- Set a 5-grouper recreational bag limit;
- Allow a 2-day possession limit for charter vessels and head boats on trips that extend beyond 24 hours, provided the vessel has two licensed operators aboard as required by the U.S. Coast Guard, and each passenger can provide a receipt to verify the length of the trip;
- All other fishermen fishing under a bag limit are limited to a single day possession limit;
- Set an 11.0 million-pound commercial quota for groupers, with the commercial quota divided into a 9.2 million pound shallow-water grouper quota and a 1.8 million-pound deep-water grouper quota. Shallow-water grouper were defined as black grouper, gag, red grouper, Nassau grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind, speckled hind, and scamp (until the shallow-water grouper quota is filled). Deep-water grouper were defined as misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and scamp once the shallow-water grouper quota is filled. Goliath grouper (jewfish) are not included in the quotas;
- Set a 12-inch total length minimum size limit on gray, mutton, and yellowtail snappers;
- Set an 8-inch total length minimum size limit on lane and vermilion snappers;
- Set a 10-snapper recreational bag limit on snappers in aggregate, excluding red, lane, and vermilion snapper;
- Set an 8-inch total length minimum size limit for black sea bass;
- Set a 28-inch fork length minimum size limit and 3 fish per person per day bag limit for recreational harvest of greater amberjack, and a 36-inch fork length minimum size limit of greater amberjack for commercial harvest;
- Establish a framework procedure for specification of total allowable catch (TAC) to allow for annual management changes;
- Establish a longline and buoy gear boundary at approximately the 50 fathom depth contour west of Cape San Blas, Florida and the 20 fathom depth contour east of Cape San Blas, inshore of which the directed harvest of reef fish with longlines and buoy gear was prohibited and the retention of reef fish captured incidentally in other longline operations (e.g., sharks) was limited to the recreational bag limit. Subsequent changes to the longline/buoy boundary could be made through the framework procedure for specification of TAC;
- Limit trawl vessels (other than vessels operating in the unsorted groundfish fishery) to the recreational size and bag limits of reef fish;
- Establish fish trap permits, allowing up to a maximum of 100 fish traps per permit holder;
- Prohibit the use of entangling nets for directed harvest of reef fish. Retention of reef fish caught in entangling nets for other fisheries is limited to the recreational bag limit;
- Establish the fishing year to be January 1 through December 31;
- Extend the stressed area to the entire Gulf coast;
- Establish a commercial reef fish vessel permit.
This final rule is effective February 21, 1990.
The Reef Fish Fishery Management Plan was implemented in November 1984. The regulations, designed to rebuild declining reef fish stocks, included: (1) prohibitions on the use of fish traps, roller trawls, and powerhead-equipped spear guns within an inshore stressed area; (2) a minimum size limit of 13 inches total length (TL) for red snapper with the exceptions that for-hire boats were exempted until 1987 and each angler could keep 5 undersized fish; and, (3) data reporting requirements.
This final rule is effective November 8, 1984.