South Atlantic snapper anglers hit with ‘emergency’ one-day season, regulatory concerns

On June 11, the National Oceanic and Atmospheric Administration (NOAA) dealt a major blow to science-based fisheries management and recreational anglers in the South Atlantic by shortening the recreational red snapper fishing season to one day with a bag limit of one fish per angler. The announcement is another reminder that the input and knowledge of hunters and anglers—those who know best the real-world consequences of fish and wildlife management—are often ignored in the regulatory process.

South Atlantic snapper is an extremely popular offshore game fish that is caught along the coasts of the Carolinas, Georgia and Florida. Unfortunately, management of this species has been uncertain in recent years, with fishermen and federal fisheries managers clearly disagreeing about 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 cites a high number of dead discards (released fish that do not survive) by recreational fishermen. However, fishermen argue that any anomaly in dead discard numbers is due to the large number of red snapper that can be caught – mainly as by-catch for fishermen targeting other species such as grouper. Additionally, fishermen say there are already regulations in place requiring boats catching red snapper to have a descent device on board to increase the likelihood of survival after release.

Despite this, NOAA issued emergency temporary regulations reducing the South Atlantic red snapper catch limit by 25% and shortening the recreational fishing season to one day. On July 12, recreational fishermen fishing in federal waters off North Carolina, South Carolina, Georgia and Florida will have their only chance this year to keep one red snapper. The emergency rule covers many issues.

First, NOAA issued this rule just a month before the one-day red snapper season. As if a one-day season wasn’t enough of a wave for a fisherman, NOAA decided that a proper heads-up meeting wasn’t necessary. The short time frame not only creates potential problems with access to the fishery, but also leaves little room for anyone to question or comment on the rule.

In terms of feedback, the second problem with the emergency provision is the lack of opportunity for the public to provide input. Because NOAA determined it needed to adopt emergency regulations to curb overfishing in the 2024 season, it was able to announce the resolution without public notice or comment. Both the Administrative Procedure Act and the Magnuson-Stevens Act (the primary marine fisheries legislation regulating NOAA fisheries) provide that sometimes regulations may be issued without public input, particularly when rulemaking is required due to an “emergency situation.” Courts have held, however, that emergency regulations constitute a rare and narrow exception to the general rule requiring notice and an opportunity for public comment. Additionally, NOAA policy states that the agency should make full use of the public input process whenever possible.

This brings us to the third issue: does the status of the red snapper fishery in the South Atlantic constitute an emergency? In July 2021, NOAA notified the South Atlantic Fishery Management Council – one of eight established NOAA boards responsible for regional marine fisheries management – that South Atlantic snapper had been overfished. Based on available data, the council decided not to introduce further regulations on fishing. Under the law, NOAA could have taken action without council approval as early as July 2023, but chose not to do so. Instead, NOAA waited until a month before the scheduled season to publish the emergency rule – without public input. Clearly, we are dealing with an “emergency situation” that has been going on for almost three years. The three-year emergency certainly raises questions about legality.

Finally, and perhaps most importantly, NOAA acted on questionable data. The latest assessment of the South Atlantic red snapper stock, NOAA acknowledges, “shows that adequate progress has been made toward recovery and the stock is projected to recover by the end of the recovery period.”

“Obviously, fishermen in the South Atlantic know this,” said Torin Miller, deputy general counsel for litigation at the Sportsmen’s Alliance Foundation, “which begs the question: Are fishermen catching more red snapper than ever before, and sometimes it becomes a challenge to keep snapper off the hook while fishing for other species, why are seasons and catch limits being reduced at the same time as the stock is being rebuilt?”

NOAA says the main problem is dead discards from recreational bycatch. But even if this is the case, shortening the red snapper season has no impact on the population challenges resulting from dead discards caught during out-of-season red snapper. As mentioned above, regulations already exist to address this problem.

While we join our members and conservation partners in expressing deep concern about NOAA’s emergency declaration, we know that the agency plans to develop permanent regulations to address its concerns regarding the South Atlantic red snapper fishery. We will be engaged in this process to the fullest extent possible, including being prepared to challenge any decisions that irrationally and negatively impact fisheries and anglers.

About the Athletes’ Association: The Sportsmen’s Alliance and its supporting Foundation protect and defend America’s wildlife conservation programs and the activities – hunting, fishing and trapping – that generate the money to pay for them. The organization pursues this mission through several distinct programs, including public education, advocacy, litigation, and research. Stay connected with the Athletes’ Association: online, on Facebook, Twitter and Instagram.