BATTLES OVER FEDERAL GULF GROUPE

BATTLES OVER FEDERAL GULF GROUPER REGULATIONS

CCA FLORIDA

GRASSROOTS UPDATE

__________________________

A. INTRODUCTION

The “interim” rule adopted by the National Marine Fisheries Service (NMFS) on August 4, which prohibits the recreational take of all grouper species in the entire Gulf in November and December, has infuriated and alienated more recreational anglers than any previous federal action that we have seen in our twenty years of involvement in fisheries conservation.

The National Marine Fisheries Service:

- Used unusual and suspect 2004 data;

- Ignored the pleas and recommendations of hundreds of anglers, guides, charter boat captains and other recreational interests;

- Disregarded a joint letter from nine members of Florida’s Congressional delegation and individual letters from both of Florida’s U.S. Senators; and,

- Rejected the specific recommendations from the Florida Fish and Wildlife Conservation Commission.

On August 17, CCA filed a lawsuit in federal court in Ft. Myers challenging the authority

of NMFS to use the “interim” rule procedure to prohibit recreational fishing for all grouper species in the Gulf for two months.

B. CCA VS. NMFS LAWSUIT

CCA is asserting that the NMFS “emergency” and “interim” regulatory authority can only be used to adopt regulations for species that are overfished. When NMFS decided to prohibit fishing for all grouper species in the Gulf, even gag which is not overfished, they exceeded their legal authority.

CCA urged, and the court approved, an expedited process for the suit. Following approval of the expedited process, federal attorneys for NMFS filed motions in an attempt to get more time to file their briefs. If the feds succeeded in adding 60 days to the process it would have made the entire lawsuit useless because any decision by the court would take place after the November and December closed months. On September 19, Judge Phillip Steele heard the arguments from the federal attorneys, rejected their motions and actually shortened the process by four days. Judge Steele will hear the final oral arguments on October 24 and will have a full week to make a decision before the November 1 closures begin.

C. FLORIDA FISH AND WILDLIFE COMMISSION ACTIONS

In complete contrast to the federal actions, the Florida Fish and Wildlife Conservation Commission (FWC) has adopted and recommended “an appropriate and measured response to the situation.” The FWC’s common sense conservation measures would protect the resource without inflicting major economic damage on recreational fisheries.

On June 16, the FWC heard extensive testimony from the NMFS Regional Administrator and numerous members of the public on the proposed federal grouper plan. The FWC Commissioners and FWC staff consequently opposed the federal “interim” rule proposal. Instead Commissioners unanimously opposed all closed months and recommended reducing the red grouper bag limit from two to one fish while keeping the current five fish aggregate bag limit for grouper. The FWC also indicated that it would immediately move to implement the restriction in state waters in the Gulf if NMFS adopted their recommendation. NMFS chose not to accept the FWC’s recommendation. When the feds requested the FWC to change its regulation, the FWC Commissioners specifically refused to modify current state grouper regulations to concur with the NMFS “interim” rule.

Last week on September 22, the FWC again took public testimony and made recommendations to the Gulf of Mexico Fisheries Management Council (Gulf Council) for red and gag grouper. The FWC again unanimously recommended keeping the five fish aggregate bag limit, only one red grouper, and no closed months. In addition, the FWC adopted a recommendation urging the Gulf Council to begin an expedited Plan Amendment for gulf groupers to specifically readdress the current harvest allocation between commercial and recreational fishers. This FWC action is critically important because it would place the current allocation and the bias problems in a position to be modified.

D. GULF OF MEXICO FISHERIES MANAGEMENT COUNCIL

Next week, the Gulf Council will meet in St. Petersburg and discuss regulatory amendments to the “interim” grouper rule. The rules would go into effect after the interim rule expires in January 2006. The Council’s current “Preferred Alternative” is a 3 fish aggregate bag limit, only one red grouper, and a closure on red, gag and black grouper from February 15 – March 15. The FWC’s recommendation was not included as one of the Council’s seven alternatives. The Council’s public hearing on the issue will be October 5 beginning at 8:30am. CCA will be urging the Council to modify their preferred alternative and adopt the FWC’s recommendation.

The Grassroots Update prepared by:

Ted Forsgren, Executive Director

CCA Florida

(850)224-3474