Federal fishery regulations Archives

NOAA Announces 2017 Limited Opening of Recreational and Commercial Red Snapper Fishery in South Atlantic Federal Waters

October 27, 2017 — The following was released by NOAA Fisheries:

KEY MESSAGE:

Red snapper recreational and commercial seasons will open in South Atlantic federal waters for limited harvest in 2017 through emergency action.
The South Atlantic Fishery Management Council requested the opening after recent scientific information indicated a large increase in the size of the red snapper population since 2010.
NOAA Fisheries determined the limited harvest in 2017 is neither expected to result in overfishing, nor prevent continued rebuilding of the population.WHEN RULE WILL TAKE EFFECT:

The recreational sector will open for harvest on weekends only (Friday, Saturday, Sunday) on the following days:
- November 3, 4, and 5, 2017 – The recreational season opens at 12:01 a.m., local time, on November 3, 2017, and closes at 12:01 a.m., local time, on November 6, 2017.
- November 10, 11, and 12, 2017 – The recreational season opens again at 12:01 a.m., local time, on November 10, 2017, and closes at 12:01 a.m., local time, on November 13, 2017.

The commercial sector will open for harvest upon implementation of the emergency rule at 12:01 a.m., local time, on November 2, 2017, and will close at 11:59 p.m., local time, on December 31, 2017, unless the commercial annual catch limit is met or projected to be met before this date.
- NOAA Fisheries will announce if the commercial sector needs to close before 11:59 p.m., local time, on December 31, 2017.

THE REGULATIONS DURING THE LIMITED SEASONS ARE:

For the recreational sector, the bag limit is one red snapper per person per day. This applies to private and charterboat/headboat vessels (the captain and crew on for-hire vessels may retain the recreational bag limit).
For the commercial sector, the trip limit is 75 pounds gutted weight.
There are no minimum size limits for the recreational and commercial sectors.
The recreational and commercial catch limits are 29,656 fish and 124,815 pounds whole weight, respectively.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

FREQUENTLY ASKED QUESTIONS (FAQs)

When are the 2017 South Atlantic recreational and commercial red snapper seasons?

The recreational sector will open for harvest on weekends only (Friday, Saturday, Sunday) on the following days:
- November 3, 4, and 5, 2017 – The recreational season opens at 12:01 a.m., local time, on November 3, 2017, and closes at 12:01 a.m., local time, on November 6, 2017.
- November 10, 11, and 12, 2017 – The recreational season opens again at 12:01 a.m., local time, on November 10, 2017, and closes at 12:01 a.m., local time, on November 13, 2017.
The commercial sector will open for harvest upon implementation of the emergency rule at 12:01 a.m., local time, on November 2, 2017, and will close at 11:59 p.m., local time, on December 31, 2017, unless the commercial annual catch limit is met or projected to be met before this date.
NOAA Fisheries will announce if the commercial sector needs to close before December 31, 2017.
- NOAA Fisheries will announce if the commercial sector needs to close before December 31, 2017.

What are the regulations for red snapper during these seasons?

- Recreational annual catch limit of 29,656 fish.
- The recreational bag limit is one red snapper per person per day.
- Commercial annual catch limit of 124,815 pounds whole weight.
- The commercial trip limit is 75 pounds gutted weight.
- There is no minimum size limit for both the recreational and commercial sectors.

What is the history of red snapper harvest and prohibitions in the South Atlantic Region?

Harvest of red snapper from South Atlantic federal waters was prohibited in 2010 when the population was determined to be severely overfished and undergoing overfishing (Southeast Data, Assessment, and Review [SEDAR] 15).
Amendment 28 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region established a process that allowed harvest if total removals (landings plus dead discards) were below the acceptable biological catch in the previous year.
Limited harvest of red snapper was allowed in 2012, 2013, and 2014.
The estimated total removals of red snapper exceeded the acceptable biological catch in 2014, 2015, and 2016, resulting in no allowable harvest since 2014.

What is the current status of the red snapper population in the South Atlantic Region?

The latest population assessment (SEDAR 41) was completed in 2016 and revised in 2017. It indicated the South Atlantic red snapper population is overfished and undergoing overfishing; however, the population is rebuilding.
The red snapper overfishing determination in the assessment came from 2012-2014 when only a small amount of harvest was allowed to occur. However, discards during this time period were high due to fishermen targeting species that co-occur with red snapper, which likely contributed to the overfishing determination.
SEDAR 41 stated that recreational discards were one of the most important and uncertain sources of information used in the stock assessment during the harvest prohibition from 2010-2014.
The harvest prohibition in 2015 and 2016 has contributed towards addressing overfishing of red snapper supported by an increase in population biomass of red snapper since 2010.

Why is limited harvest of red snapper being allowed in 2017?

Recently available fisheries independent studies by the Southeast Reef Fish Survey program available here and the Florida Fish and Wildlife Conservation Commission available here have shown relative abundance of red snapper has increased since 2014, and was highest in 2017.
The scientific studies also show a greater number of large red snapper and a broader range of ages in recent years suggesting rebuilding of the red snapper population despite the limited harvest allowed in 2012, 2013, and 2014.
The total annual catch limit implemented by this temporary rule equals the landings of red snapper during the limited harvest in 2014.
The harvest prohibitions of red snapper since 2010 have resulted in adverse socio-economic effects to fishermen and fishing communities such as loss of additional revenue and recreational opportunities, as well as indirect benefits to businesses that provide supplies for fishing trips.
Collection of fishery dependent data is limited during harvest prohibitions. Federal and state personnel will collect information, including catch data and biological samples during the open season in 2017, which will inform future population assessments for red snapper.

How will the limited harvest in 2017 affect the overfishing and overfished status of red snapper?

NOAA Fisheries has determined that the limited harvest in 2017 is not expected to result in overfishing and will not prevent the continued rebuilding of the red snapper population.

What are some Best Fishing Practices while fishing for red snapper?
The South Atlantic Fishery Management Council identified the following best practices to reduce release mortality and further protect the population as it rebuilds:

- Avoid areas likely to have red snapper if you already have met your recreational bag limit. If you are approaching your commercial vessel limit, move to a different area.
- When red snapper are out of season, avoid areas where they are common.
- Use single hook rigs since the recreational bag limit for red snapper during the limited fishing season is one per person per day. This will potentially reduce the number of red snapper that are caught on one drop.
- Use a dehooking device to remove the hook. Keep fish in the water if you plan to release them or return them as quickly as possible.
- Use descending devices when releasing fish with signs of barotrauma.

Where can I find more information on the environmental assessment and temporary final rule through emergency action?

Contact NOAA Fisheries, Southeast Regional Office

By Mail: Nikhil Mehta

NOAA Fisheries, Southeast Regional Office

Sustainable Fisheries Division

263 13th Avenue South

St. Petersburg, Florida 33701-5505

By FAX: (727) 824-5308

By Phone: (727) 824-5305

The environmental assessment and temporary final rule through emergency action may be found online at the NOAA Fisheries Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/red_snapper_er_2017/index.html

Additional information on management of red snapper in the South Atlantic may be found at: http://safmc.net/regulations/regulations-by-species/red-snapper/

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

New industry report urges modernization in federal fisheries management

October 20, 2016 — A coalition of industry and trade associations on Wednesday released a series of recommendations to improve management of and access to federal fisheries.

The report, A Vision for Marine Fisheries Management in the 21st Century: Priorities for a New Administration is designed to offer guidance to the incoming administration and the new Congress that strives to balance improving access to public waters, creating economic growth, and enhancing the conservation of marine fish stocks.

The report was released by the Center for Coastal Conservation, with additional support from the American Sportfishing Association, Coastal Conservation Association, Congressional Sportsmen’s Foundation, Guy Harvey Ocean Foundation, The International Game Fish Association, National Marine Manufacturers Association, Recreational Fishing Alliance, The Billfish Foundation and Theodore Roosevelt Conservation Partnership.

“We are deeply committed to ensuring a bright future for marine recreational fishing,” said Jeff Angers, president of the Center for Coastal Conservation. “It’s a critical component of our economy, and it’s a proud part of America’s heritage of conservation. The recommendations in this report will ensure that we as a nation do all we can to continue this legacy.”

Read the full story at Boating Industry

Coast Guard hopes hotline leads to fishing scofflaws

March 5, 2016 — This week, as the Carlos Rafael saga unfolded in New Bedford and in federal court in Worcester, the U.S. Coast Guard issued a release asking anyone with information on illegal fishing activity to report it to a confidential hotline.

Coincidence? Hardly.

A Coast Guard spokeswoman said the hotline has been used in the past, but the Coast Guard is publicizing it more extensively now and one of the reasons is the Rafael case. The New Bedford fishing mogul is facing federal charges of conducting illegal fishing operations, conspiracy and falsifying fish-reporting documents.

“Is it partly because of the case? Definitely,” Lt. Karen Kutkiewicz said Friday.

Kutkiewicz said the hotline, which is manned by Coast Guard personnel, already has received numerous tips on illegal fishing from callers in the New Bedford area and Boston. She did not specify if any related directly to the Rafael case.

She also said the hotline will continue operating as long as tips keep coming in.

“We really want to make sure that the guys that are out there fishing legitimately have the best shot,” she said. “We want the playing field to be level.”

She urged anyone with information on illegal fishing activities to call the line at 1-844-847-2431.

Read the full story at Gloucester Daily Times

MASSACHUSETTS: Fishermen need Mass. Attorney General Maura Healey’s help

March 2, 2016 — When touring the North Shore a year and a half ago, then-candidate for attorney general Maura Healey made it a point to mention her family ties to Gloucester, Newburyport and the region’s fishing industry. The implication was that, if elected, fishermen would have a powerful ally on Beacon Hill, or at the very least someone who understood the unique difficulties facing the industry.

Now, Healey is well into her second year as attorney general, and it is time to make good on her promise to protect the industry from federal overreach.

We are talking specifically about the National Oceanic and Atmospheric Administration’s at-sea monitoring program, which places observers on fishing vessels to record details of their catch and make sure the federal government’s byzantine regulations are strictly followed.

The most galling aspect of the program, however, is the requirement that fishermen pay for their overseers. By some estimates, the cost could run as high as $710 a trip. Fishermen are already on a razor’s edge; forcing them to pay out and extra several hundred dollars a trip will undoubtedly kill off many of these small businesses for good.

Last week, state Rep. Ann-Margaret Ferrante and state Sen. Bruce Tarr reached out to Healey, asking for her help.

“We request that your office explore all appropriate legal means to support our fishing families and ports through vehicles such as the current pending case,” they wrote in a letter to Healey, referring to a lawsuit filed by fisherman David Goethel in U.S. District Court in New Hampshire aimed at stopping the mandatory monitoring. “We are interested in Mr. Goethel’s plight because his situation is comparable to that of fishermen and Gloucester and the statewide fishing industry.”

Read the full opinion piece at Gloucester Daily Times

MASSACHUSETTS: New Bedford fish fraud case underscores need for greater NOAA monitoring

February 29, 2016 — BOSTON — Fraud charges against the owner of a prominent New Bedford fishing company highlight the need for greater enforcement of fishery regulations, according to an environmental group.

Carlos Rafael, owner of 40 fishing vessels in New Bedford and Gloucester as well as Carlos Seafood, was arrested on Friday on charges his organization lied about the species of fish landed, and he smuggled cash out of the country.

Among other allegations, federal authorities said Rafael told undercover agents he had assistance from a local law enforcement officer who helped him move cash through the airport to Portugal.

Accused of circumventing federal quotas by labeling dabs and other fish as haddock – where Rafael said he has a 15-million-pound quota – Rafael regularly shipped the mislabeled fish to a buyer in New York City, according to federal officials.

“Because it is nearly impossible to monitor what fishing vessels do out at sea, commercial fishing vessels are required to comply with various reporting requirement,” the 18-page affidavit by Internal Revenue Service Special Agent Ronald Mullett states.

Rafael told undercover agents posing as Russian mobsters interested in buying the business that co-defendant Debra Messier had “been in the life” with him for 30 years and everyone in the company “knows the scheme,” according to the complaint.

According to the affidavit in support of a criminal complaint Rafael was previously convicted of tax evasion in the 1980s, acquitted of price-fixing in 1994 and convicted of making false statements on fishing vessels’ landing slips in 2000. Messier is his bookkeeper and both live in Dartmouth, according to the U.S. Attorney’s Office. According to the Boston Globe, Rafael was held without bail pending a detention hearing on Wednesday and Messier was released from custody on $10,000 unsecured bond.

Read the full story at Taunton Daily Gazette

NORTH CAROLINA: Proposed closure of Cobia fishing season has many concerned

February 17, 2016 — WILMINGTON, NC – Fisherman packed into the Blockade Runner on Wednesday night to voice their concerns and frustrations about the possibility of closing the recreational Cobia fishing season in June.

Louis Daniel, the director of the Division of Marine Fisheries, said the South Atlantic Fishery Management Council is responsible for managing Cobia from the Florida Keys up through New York.

The Fishery Management Plan for Cobia sets an allowable recreational catch limit and if that limit is exceeded, then the council has to shorten the season to keep the harvest rates below the catch limit. Daniel said that is a federal law that they have to follow.

“We don’t really have a choice in whether or not there is a closure,” said Daniel. “Their only option would be to go against the federal regulation.”

The federal proposal is to close the season on June 15. The National Marine Fisheries Service, however, is waiting to see if North Carolina drops the Cobia bag limit from two fish to one fish.

If the North Carolina Division of Marine Fisheries votes to drop the bag limit, Daniel is hopeful the National Marine Fisheries Service will do some more calculations and be able to extend the season a little longer.

Read the full story at WECT

Benefits of fish farms in Gulf of Mexico debated

January 12, 2016 — NEW ORLEANS (AP) – Fish farming is contentious, with fishermen and environmentalists warning that new rules supporting it could harm the marine environment and put fishermen out of work.

Federal regulations were issued this week, allowing the farming of fish in federal waters of the Gulf of Mexico.

Kathryn Sullivan, administrator of the National Oceanic and Atmospheric Administration, said the Gulf rules could spur similar rules in other U.S. waters and help the U.S. meet its seafood demands.

Typically, offshore farming is done by breeding fish in large semi-submersible pens moored to the seafloor. The practice is common in many parts of the world, and Sullivan said the United States has fallen behind. About 90 percent of the seafood consumed in the U.S. is imported and more than half of that is farmed, she noted.

She said expanding fish farming has numerous benefits.

“It’s good for the balance of trade. It’s good for the food security of the country,” she said. It could create jobs, she added.

The new rules allow up to 20 fish farms to open in the Gulf and produce 64 million pounds of fish a year. The farms can start applying for 10-year permits starting in February, she said.

Read the full story from the Associated Press at Houston Chronicle

Inouye-influenced rule enables extra Hawaii tuna fishing

January 5, 2016 — HONOLULU (AP) — Many Hawaii residents were thankful for plentiful platters of ahi tuna they were able to enjoy over the holidays. But few realized the critical role the late Sen. Daniel Inouye played in making sure Hawaii fishermen could get it to them.

A federal rule allowing Hawaii-based fishermen to catch more bigeye tuna than permitted under international agreements can be traced to his time as chairman of the Senate Appropriations Committee.

In 2010, catch limits forced Hawaii fishermen to stop catching bigeye in waters west of Hawaii in November. That left Hawaii markets without much locally caught tuna just as holiday demand spiked.

This year, Hawaii longline fishermen hit their limit in August. But the National Marine Fisheries Service created new limits for U.S. territories like Guam and allowed Hawaii’s fleet to use up to half of them.

The fisheries service’s Pacific Islands regional administrator, Michael Tosatto, said Congress directed the federal agencies to create the quota transfer program in a 2012 appropriations bill.

Inouye was Senate appropriations committee chairman at the time, not long before his death in December 2012. The senator’s then-chief of staff said Inouye was troubled to see local fishermen abiding by quotas that U.S. diplomats had agreed to, only to see foreign fishermen keep fishing.

Read the full story from the Associated Press at New Jersey Herald

Public hearing set on fluke and sea bass regulations

January 4, 2016 — A public hearing on summer flounder and sea bass regulations will be held at 6:30 p.m. Jan. 7 at the Stafford Township Municipal Building.

What’s on the table is Draft Addendum XXVII to the Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup, Black Sea Bass Fishery Management Plan.

There will be a cutback of 30-percent of the coastwide harvest of summer flounder in 2016 from 23 million pounds to 16 million pounds but it may not impact recreational regulations because anglers fished under their 2015 quota.

Read the full story at Asbury Park Press