When the National Marine Fisheries Service (NMFS) issued Exempted Fishing Permits (EFPs) in early May to states from North Carolina south, Atlantic red snapper anglers couldn’t hold in their excitement. That’s because offshore anglers in the South Atlantic have been completely handcuffed from targeting and keeping red snapper for years. Since 2020, the red snapper season in Atlantic federal waters has been just one to four days in July. Even before 2020, the red snapper season has been in overhaul mode since 2010 — there hasn’t been an Atlantic federal recreational season that’s exceeded 8 days since then.
The EFPs are a way for the states to finally have longer recreational red snapper seasons in 2026. Officially, NMFS said:
“The EFPs allow the states to pilot test state data collection and management strategies for the recreational harvest of red snapper in 2026. The EFPs are intended to improve data on recreational fishing effort and catch of red snapper in the South Atlantic and to inform the development of a long-term state-led management strategy for the recreational harvest of red snapper.”
What that means for anglers is a 2026 season that spans months, not a weekend. Off Florida, anglers in federal waters receive 39 days (May 22 – June 20, October 2-4, October 9-11, and October 16-18), while Georgia and the Carolinas enjoy 62 days (July 1 – August 31). Bag limit is just one red snapper a day, but that couldn’t stop the overall buzz and excitement around the docks.
First up was the Sunshine State. In Florida, anglers readied their boats for a Memorial weekend fishing trip, while charters from Jacksonville south were booked with expectant bottom fishermen. As part of the EFPs, anglers are required to declare their fishing trip and report back their red snapper catches.
Not So Fast My Friend
But then came the lawsuit from commercial fishing interests and the delay from a judge. On Thursday, May 21, a District Court judge granted a preliminary injunction halting all fishing under EFPs immediately, just one day before the season opened for Florida anglers. The anger and frustration that flooded across social media fishing groups was very apparent.
So how did this happen? Here’s the backstory: Commercial fishing interests filed a lawsuit against the NMFS-approved EFPs on May 5, 2026. In the federal lawsuit Southeastern Fisheries Association, Inc. et al v. Lutnick et al, the Southeastern Fisheries Association, a commercial fishing trade group, claims the EFPs are illegal, violate the Magnuson-Stevens Act, and will lead to overfishing.
Defendants argue the EFPs are data-gathering initiatives designed to let states test better methods for tracking recreational catches. Anglers have long argued that red snapper populations are recovering much faster than conservative federal estimates. Plus, the extended seasons provide vital economic support to coastal communities and the sportfishing industry.
“These pilot programs are about creating an improved recreational data collection and management framework for recreational fisheries while maintaining strong conservation standards,” said CCA President Pat Murray. “Recreational anglers have waited years for management that reflects the stock’s rebuilt status and current abundance trends. The states are stepping up with more responsive management and better data collection, and we believe that effort deserves strong support.”
Competing Sides
The complete list of plaintiffs includes Southeastern Fisheries Association, Inc.; Slash Creek Waterworks, Inc.; Strawberry, Inc.; Jeffrey Oden; Jack Cox, Jr.; and Antonio Giambanco. The Environmental Defense Fund, Earthjustice and Ocean Conservancy environmental groups filed amicus briefs in support of the plaintiffs. For the defendants, which includes Commerce Secretary Howard Lutnick and the NMFS, both the American Sportfishing Association (ASA) and Coastal Conservation Association (CCA) joined as intervenor defendants to support recreational red snapper anglers.
“For years, anglers have faced extremely limited red snapper seasons despite the stock rebuilding far ahead of schedule,” said Glenn Hughes, president and CEO of the American Sportfishing Association. “These pilot programs represent a transformational opportunity to improve recreational data collection, expand reasonable public access and advance state-led management approaches that have already proven successful in the Gulf. ASA is intervening to help protect that progress for recreational anglers and the sportfishing industry.”
The case is still playing out in court, but at the time of this writing, a South Atlantic red snapper season is officially on hold. Keep in mind, the current case does not affect commercial fishing for red snapper in the South Atlantic. The 2026 commercial fishing season for red snapper in the South Atlantic reopens on Monday, July 13, 2026 with a commercial catch limit of 102,951 pounds whole weight. (As updates to the lawsuit and red snapper season progress, this page will be updated.)
