Grouper

The National Marine Fisheries Service (NMFS) has indicated that they will enact, by emergency action, major new restrictions on the recreational fishery for Gulf red and gag grouper. The action is caused by a bizarre and unprecedented increase in the estimated recreational catch of red grouper in 2004. One management measure being discussed is 1) lowering the recreational aggregate grouper bag limit to three fish and only one can be a red grouper, and 2) prohibiting all recreational take of red and gag grouper for four months. These draconian recreational measures are being proposed at the same time NMFS is allowing commercial longline boats to take red grouper with a 10,000 pound TRIP LIMIT!

The Gulf red and gag grouper fisheries exist almost exclusively off of the State of Florida. The Florida Fish and Wildlife Conservation Commission must become actively involved in this issue to prevent the virtual elimination of the recreational grouper fisheries.

The NMFS claims that estimated recreational landings of red grouper increased from 1.536 million lbs. in 2003 to 3.530 million lbs. in 2004, a whopping 130 percent increase! Such an increase is completely unprecedented in the history of red grouper landings since regulations began 14 years ago (See attachment A). NMFS claims to have rechecked the data, the extrapolations, and multipliers and found no errors; however, nothing remotely close to such an increase has ever occurred. There have been dramatic reductions caused by new regulations but never such an increase. The estimates become even more suspect when you consider that Florida anglers and fishing activity was impacted by a record four major hurricanes in 2004.

Without intervention and strong assistance from the FWC, the NMFS and Gulf Council will continue the pattern of horribly inequitable regulations against Florida’s recreational grouper fishery and Florida will suffer substantial and unwarranted economic damage.

The proposed draconian measures are being forced upon recreational fishers in order to fit a plan which favors and sustains the commercial longline fleet. NMFS wants to limit recreational take to 1.25 million pounds. In 2004 just 25 longliners caught 1.35 million pounds of red grouper. (see FWC info attachment)

THE NMFS MANAGEMENT SCHEME GIVES MORE RED GROUPER TO 25 LONGLINE BOATS THAN THE AMOUNT ALLOCATED TO MILLIONS OF RECREATIONAL ANGLERS!

CCA FLORIDA BLASTS FEDERAL ACTION ON GROUPER REGULATIONS AS IRRESPONSIBLE AND ARROGANT

The Coastal Conservation Association of Florida blasted the new interim regulations imposed by the National Marine Fisheries Service (NMFS) on recreational grouper fishermen in the Gulf.

“The feds just tossed the State of Florida ’s recommendation into the trash,” said Ted Forsgren, CCA Florida Executive Director. “Their action is irresponsible and arrogant.”

“The major problem in Gulf red grouper management has been, and still is, the commercial fishery which takes more than 80% of the total landings,” said Forsgren. The federal management scheme allocates more red grouper to 25 commercial longline boats than the amount allocated to all the recreational fishers in the entire Gulf of Mexico .

“It is unbelievable that the feds would force recreational anglers to a one fish red grouper limit and prohibit recreational fishing for all Gulf grouper for two months while allowing commercial longline boats to take ten thousand pounds at a time,” said Forsgren.

For many years CCA Florida and recreational anglers have supported conservation measures and recreational take reductions to protect and restore gag and red grouper stocks even when commercial take was not similarly reduced. A CCA Florida analysis of Gulf grouper landings before and after federal regulations indicated that the cumulative impact of 11 years of Gulf gag grouper regulations caused the annual recreational landings, after federal regulations, to be reduced by an average of 42 percent. Commercial landings were not reduced at all. In fact, after federal regulations were enacted, average annual commercial landings of gag grouper actually increased and hindered the recovery.

This latest federal action was generated because of a bizarre and unprecedented increase in the “estimated” recreational catch in 2004. The validity of the 2004 estimate has been questioned. The estimate becomes more suspect when you consider that Florida’s fishing activity was impacted by a record four major hurricanes in 2004.

The Gulf red and gag grouper fisheries exist almost exclusively off of the State of Florida . As a result, the Florida Fish and Wildlife Conservation Commission ( FWC ) is a major part of the management process. The FWC became actively involved in the issue and urged the feds to hold public hearings in Florida . Hundreds of recreational anglers, charter boat captains and other recreational industry interests attended the Florida hearings to oppose the federal plan. The primary concern was imposing huge and unwarranted economic damage based on a single bizarre increase in the estimated catch in one year.

The FWC analyzed the federal fisheries information, received testimony from NMFS, and developed an alternative recommendation. In their June 24, 2005 letter, the FWC urged the feds to just reduce the current 2 fish red grouper recreational bag limit, which had just been reduced from 5, to a 1 fish limit with no season closures. The Commission indicated that their proposal “will accomplish an appropriate and measured response to the situation” and stated that they would immediately enact concurring regulations in all state waters if the feds adopted their recommendation.

The federal fisheries service simply rejected the Florida Fish and Wildlife Conservation Commission recommendation.

“The federal action is a massive blunder,” said Forsgren. “In a single decision they have totally disregarded and alienated the agencies and interests that they need in order to have a successful Gulf grouper management

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.

- 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.

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.

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.

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 following was published in the Federal Register and will affect any of you who target any shallow water grouper species.

This temporary rule reduces the red grouper bag limit from 2 fish per person per day to 1 fish per person per day and establishes a closure of the recreational fishery, from November 1 through December 31, 2005, for all grouper species. Because red grouper are part of a multispecies fishery, prohibiting harvest of all groupers during the seasonal closure will reduce bycatch of red grouper and subsequent discard mortality. Applying the closure to all groupers will also protect other grouper species from a potential shift of fishing effort from red grouper to other groupers.

Reduction of the Aggregate Grouper Bag Limit

This temporary rule reduces the aggregate bag limit to 3 grouper, combined, per person per day, excluding Goliath grouper and Nassau grouper, but not to exceed 1 speckled hind or 1 warsaw grouper per vessel per day or 1 red grouper per person per day. The aggregate grouper bag limit applies to all groupers, except Goliath grouper (formerly jewfish) and Nassau grouper (for which no harvest is allowed), and within the aggregate bag limit, further limitations apply to possession of red grouper, speckled hind, and warsaw grouper. Note that this also incorporates the red grouper bag limit reduction discussed previously. The reduction in the aggregate bag limit will provide protection of other grouper species from redirected red grouper fishing effort and may reduce bycatch mortality of red grouper, assuming anglers cease fishing when the aggregate limit is reached.

Written comments of the temporary rule must be received no later than 5:00 p.m., Eastern Standard Time, on August 24, 2005. Comments may be submitted via e-mail, written correspondence, or fax.

E-mail: 0648-AT45.Interim@noaa.gov. Include in the subject line the following document identifier: 0648-AT45.

Federal e-Rulemaking Portal: Follow the instructions at http://www.regulations.gov.

Mail: Phil Steele, Southeast Regional Office, NMFS, 263 13th Avenue South , St. Petersburg , Florida 33701 .

Fax: 727-824-5308: Attention: Phil Steele.