On June 11, the National Oceanic and Atmospheric Administration (NOAA) delivered a huge blow to scientific fisheries management and recreational anglers in the South Atlantic by reducing the red snapper recreational fishing season to one day with a bag-limit of one fish per angler. The announcement serves as another reminder that the input and knowledge of hunters and anglers – those most familiar with the real-world implications of fish and wildlife management – are often ignored in the regulatory process.
South Atlantic red snapper are an incredibly popular offshore game fish that are pursued along the coasts of the Carolinas, Georgia and Florida. Unfortunately, management of the species has been up-in-the-air in recent years, with fisherman and federal fisheries managers starkly disagreeing on the current population status of the stock.
Specifically, NOAA Fisheries has concluded that the fishery is overfished and will continue to be overfished without regulatory changes. NOAA points to high numbers of dead discards (released fish that don’t survive) by recreational fishermen. But fishermen argue that any anomaly in the number of dead discards is the result of a robust stock of red snapper available to catch – mostly as by-catch for fisherman targeting other species, such as grouper. Additionally, fishermen argue that regulations are already in place that require boats targeting red snapper to have a descending device on-board to increase the likelihood of survival upon release.
Still, NOAA released an emergency temporary rule cutting the South Atlantic commercial red snapper catch limit by 25% and reducing the recreational fishing season to one day. On July 12, recreational fisherman fishing federal waters off the coasts of North Carolina, South Carolina, Georgia and Florida will get their one chance this year to keep one red snapper. The emergency rule is concerning on multiple fronts.
First, NOAA issued the rule just one month prior to the one-day red snapper season. As if the one-day season isn’t enough of a rogue wave to fisherman, NOAA decided that an appropriate heads-up wasn’t necessary. Not only does short notice create potential access problems with the fishery, but it also leaves little room for any challenge to, or feedback on, the rule.
Speaking of feedback, the second issue with the emergency rule is the lack of any opportunity for public input. Since NOAA determined emergency rulemaking was necessary to reduce overfishing for the 2024 season, they were able to promulgate the rule without public notice and comment. Both the Administrative Procedure Act and the Magnuson-Stevens Act (the major marine fisheries legislation guiding NOAA Fisheries) provide that rules can sometimes be issued without public input, particularly when the rulemaking is required by ‘emergency.’ Courts have, however, ruled that emergency rulemakings are the rare and narrow exception to general rule requiring notice and an opportunity for public comment. Additionally, NOAA policy provides that the agency should utilize the public input process to the fullest whenever possible.
This leads us to the third issue: does the status of the South Atlantic red snapper fishery constitute an emergency? NOAA notified the South Atlantic Fishery Management Council – one of eight established NOAA councils responsible for regional marine fisheries management – in July 2021 that South Atlantic red snapper were overfished. The council elected not to regulate the fishery further based on available data. By law, NOAA could have acted without approval by the council as early as July 2023, but they chose not to do so. Instead, NOAA waited until one month prior to their determined season to publish an emergency rule – without public input. So, we’re apparently dealing with an ‘emergency’ that’s been ongoing for nearly three years. A three-year emergency certainly raises questions on legitimacy.
Finally, and maybe most importantly, NOAA acted based on questionable data. The most recent stock assessment of South Atlantic red snapper, per NOAA’s admission “shows that adequate progress towards rebuilding is being made and the stock is projected to be rebuilt by the end of the rebuilding timeframe.”
“Of course, fishermen in the South Atlantic know this,” said Torin Miller, associate litigation counsel for the Sportsmen’s Alliance Foundation, “which begs the question: if fishermen are catching more red snapper than ever, and at times, it’s become a challenge to keep snapper off the hook when fishing for other species, then why are seasons and catch limits being reduced simultaneously to the rebuilding of the stock?”
NOAA provides that the big issue is dead discards from recreational bycatch. But even if that’s the case, reducing the red snapper season does not impact the population challenges posed by dead discards caught outside of red snapper season. As mentioned above, regulations are already in place to address that challenge.
While we join our members and conservation partners in being deeply concerned with NOAA’s issuance of the emergency rule, we do know that the agency plans to develop permanent regulations to address its concerns with the South Atlantic red snapper fishery. We’ll be involved in the process to the fullest extent possible, including standing ready to challenge any decisions that irrationally and negatively impact the fishery and anglers.
About the Sportsmen’s Alliance: The Sportsmen’s Alliance and its supporting Foundation protect and defend America’s wildlife conservation programs and the pursuits – hunting, fishing and trapping – that generate the money to pay for them. The organization accomplishes this mission through several distinct programs, including public education, advocacy, litigation and research. Stay connected to the Sportsmen’s Alliance: Online, Facebook, Twitter and Instagram.
