Saving Seafood

Florida: Bob Jones Retires from the Southeastern Fisheries Association

June 7, 2018 — TALLAHASSEE, Fl. — The following was released by the Southeastern Fisheries Association:

After 54 years serving as the leader of the Southeastern Fisheries Association, Executive Director Bob Jones is retiring from SFA by the end of 2018. The SFA Board of Directors has begun the process to search for qualified candidates to be the next leader of the SFA organization. The SFA Board of Directors and Jones will continue to lead the organization during this transition.

The open and honest interaction Jones has had with all the seafood industry stakeholders gave credence to the impact Southeastern Fisheries Association has on saving the commercial fishing culture because of the importance of producing seafood for the United States of America.

SFA is responsible for establishing the Florida Seafood Marketing program in 1965. It is funded through a self-imposed fee on wholesale seafood dealers and fishermen. SFA won the legislative battle to keep king and Spanish mackerel available to the market and was the prime mover establishing the Tortugas shrimp nursery off Key West setting aside 3,000,000 acres where no trawling is allowed so juvenile shrimp can mature. SFA was a founding member of the Gulf and South Atlantic Fisheries Foundation that managed over 200 projects assisting the industry. Jones was a 1976 original member of the Gulf of Mexico Fishery Management Council. He served as vice-chairman 1976-1980 and chairman in 1981. He served on the US State Department’s Ocean Affairs Advisory Committee when the Magnuson-Stevens Act was created.

Jones plans to stay involved with the seafood industry in the area of food safety, consumer fraud and promoting equal access to the nation’s fisheries for non-fishermen, especially seniors.

“On behalf of the Board of Directors, I want to thank Bob for his open and honest interactions in the seafood industry over the past 54 years,” said Mr. Peter Jarvis, SFA President. “Under Bob’s leadership, SFA has maintained respect for seeking the truth and presenting the facts. We are deeply grateful to Bob for his contributions to the fishing industry and his love of the Rule of Law”.

For additional information, visit www.SFAonline.org

 

No longer ‘overfished,’ what’s next for red snapper?

May 21, 2018 — Red snapper was removed last week from the federal government’s “overfished” list, but whether that will lead to lessened catch restrictions for anglers remains uncertain.

The species, one of the most popular for Gulf of Mexico anglers, has been the subject of intense debate among regulators, environmentalists and sport fishermen.

Anglers complain that federal authorities have set overly restrictive catch limits and unnecessarily short seasons despite a rebound in the species’ numbers. Environmental and conservation groups counter that the shortened seasons are necessary to help the species meet federal targets for rebounding after years of severe overfishing.

Red snapper is among 35 fish stocks NOAA Fisheries said last week have rebounded sufficiently for removal from the “overfished” designation.

“Ending overfishing and rebuilding stocks provides two key benefits for the American people,” Chris Oliver, assistant administrator for NOAA Fisheries, said in a news release. “First, it strengthens the value of U.S. fisheries’ contribution to the economy, which in 2015 exceeded $208 billion. Second, it supports the communities and marine ecosystems that depend on healthy fisheries.”

The next step would be to declare the stock “rebuilt.” That would take more fish counts, or stock assessments, whose accuracy has also been debated.

Nonetheless, as the species rebounds, federal regulators, including the Gulf of Mexico Fishery Management Council, have more options that could lead to increased catch limits or longer seasons.

Read the full story at the Daily Comet

 

NOAA Fisheries Seeks Comments for an Application for an Exempted Fishing Permit to Test Trap Targeting of Lionfish in the Gulf of Mexico and South Atlantic Federal Waters

March 16, 2018 — The following was release by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries is accepting comments on an application for an exempted fishing permit (EFP) from Salty Bones Fisheries. The applicant proposes to test various spiny lobster traps and a fish aggregation device based, non-containment purse trap to harvest lionfish from in Gulf of Mexico (Gulf) and South Atlantic federal waters. Sampling is proposed to occur during the spiny lobster closed season (April 1 through July 31). This study intends to examine the efficiency and effectiveness of the various trap designs for targeting lionfish while limiting bycatch, and adverse effects to protected species and habitat. The research would also derive biological life history information to improve lionfish control. In addition, the project would provide information on potential ecological and economic benefits of a lionfish fishery. These results provide the opportunity to gain industry support and provide management information on the use of traps as a viable lionfish harvest gear in the Gulf and South Atlantic. Only lionfish would be harvested under this EFP.

HOW TO COMMENT ON THE APPLICATIONS:
The comment period is open now through April 2, 2018. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

Application information: 

http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/LOA_and_EFP/index.html

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.

  1. Go to  https://www.regulations.gov/docket?D=NOAA-NMFS-2018-0013 
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Kelli O’Donnell, NOAA Fisheries, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.

Program Concepts

  • Sampling would occur in two regions off the lower Florida Keys in the Gulf and South Atlantic, up to four times per month in each region during the Florida spiny lobster closed season, April 1 through July 31.
  • Spiny lobster trap designs would include all wire traps, in addition to wood and wire traps.  In year 1 and 2 1,000 of each design in the Gulf and 500 of each design in the South Atlantic, would be deployed for a total of up to 3,000 total traps. All traps would have modified funnel dimensions and would be deployed at depths from 65-300 ft.
  • Vessels would also deploy up to 15 purse traps in year 1 (all 15 could be fished in Gulf or South Atlantic or the 15 could be divided between the two regions) and up to 120 total in year 2 (80 in Gulf and 40 in South Atlantic). All traps would be deployed at depths from 65-300 ft.
  • Data to be collected per trip would include: gear configuration and fishing effort data (e.g., date and time of deployment and retrieval, latitude, longitude, and water depth of each deployed trawl, bait type used); soak time per area for each trawl; alternative weight and trawl configurations used in different sea states and conditions; trap loss and movement from original set position; protected species interactions; bycatch species, amount, and disposition; and lionfish catch data for each trap type.
  • Only lionfish would be harvested.

NOAA Fisheries finds this application warrants further consideration, and is seeking public comment on the application. A final decision on issuance of the EFP will depend on NOAA Fisheries’ review of public comments received, the Gulf of Mexico Fishery Management Council’s and the South Atlantic Fishery Management Council’s recommendations, consultations with the affected states, and the U.S. Coast Guard, as well as a determination that it is consistent with all applicable laws.

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

 

GMFMC approves EFP applications

February 15, 2018 — Any review of the Gulf of Mexico Fishery Management Council’s recent meeting in New Orleans begins with the discussion of state recreational red snapper management, and its review of the five Gulf states’ application for exempted fishing permits for 2018 and 2019.

The GMFMC’s first step was to come up with a way to, as the council’s report stated, “to estimate red snapper biomass off each state, which will be used in one of the alternatives for allocating the red snapper quota among the states.”

Briefly, Louisiana has estimated its allocation in the neighborhood of 15 percent of the annual total allowable catch for the recreational sector, a figure state managers have set at slightly more than 1 million pounds.

The council voted to exclude the 2010 landings, the year of the BP-Deepwater Horizon oil disaster, a move which could help Louisiana, since most of the spill affected our offshore waters (and nearshore, too.)

There was debate about how to handle headboats and charterboats under this EFP. From reports, Louisiana’s delegation supports retaining these operations in the recreational sector. It appears two other states want to remove these operations from the recreational umbrella.

In the end, the GMFMC gave its approval for each state’s EFP, “with the condition that if federal for-hire vessels are included in any state’s EFP, it would not shorten the length of the federal for-hire season.”

The council also recommended National Marine Fisheries Service advance the Florida Keys Commercial Fishing Association’s Lionfish EFP request, which modified the sampling area for this invasive species.

Read the full story at the Acadiana Advocate

 

After turbulent 2017, states want to control snapper fishery

February 14, 2018 — A year after the Trump administration likely broke the law by allowing overfishing of red snapper, five Gulf of Mexico states now want special power to manage the species in federal waters in 2018 and 2019.

They’re likely to get their way, too.

Unlike last year, the new plan would not allow sports anglers in Florida, Texas, Louisiana, Mississippi and Alabama to exceed federal quotas, but the states would get the authority to call the shots in setting their own fishing seasons in federal waters.

Daryl Carpenter, the owner of Reel Screamers Guide Service in Grand Isle, La., and president of the Louisiana Charter Boat Association, can’t wait, saying the federal management system is broken and “has failed to come up with any type of fix.”

“It’s too dominated by non-interested groups, by your green groups who want to hug and cherish the fish,” he said. “You can get nothing done in the federal system. … I’m 100 percent in favor. The states need to take control of this and get the federal government out of our damn life.”

Critics say that ceding control to the states would be a mistake, arguing that federal officials long have led the way in rebuilding the red snapper population and remain the most qualified to do the job.

“The federal management process is the most open and transparent, no matter how frustrating,” said Shane Cantrell, executive director of the Charter Fisherman’s Association and the owner of Galveston Sea Ventures in Galveston, Texas.

All five states are pushing the idea as an experiment that would be allowed under the Magnuson-Stevens Fishery Conservation and Management Act of 1976, the nation’s premier fishing law.

They want NOAA Fisheries to give them “exempted fishing permits.” Those permits allow fishing that would normally be banned under federal law, usually as pilot projects done in the name of research.

“It allows us to exempt certain fishing activities from the regulations,” said Roy Crabtree, administrator for the NOAA Fisheries Southeast Region in St. Petersburg, Fla.

“How well will it work? Well, time will tell,” Crabtree said. “But I think a lot of people will argue that we’ve had some quota overruns in the past and we’ve had a lot of dissatisfied customers, so I think we do need to try something different.”

Many state officials say that NOAA is all but certain to sign off on the exempted fishing permits, after Alabama Republican Sen. Richard Shelby got Congress to include language in a fiscal 2017 appropriations bill that directed the agency to come up with a pilot program to give states more control.

After the Gulf of Mexico Fishery Management Council voted on Feb. 1 to approve the plans, Alabama officials said they were one step closer to taking over management of the red snapper.

Read the full story at E&E News

 

Gulf Council recommends new pilots to test state management of recreational red snapper fishing

February 6, 2018 — The Gulf of Mexico Fishery Management Council has recommended that the National Marine Fisheries Service (NMFS) approve pilots for all five Gulf States to test state management of recreational fishing for red snapper. The Council’s approval of the pilots, known as Exempted Fishing Permits or EFPs, came with the caveat that the decision by some states to include their federal charter/for-hire vessels (and the corresponding quota allocations that are associated with them) not result in shrinking the federal charter season for the rest of the states.

The following is a statement from Matt Tinning, Senior Director of Environmental Defense Fund’s US Oceans Program:

“EDF has long called for innovations in the way we manage recreational fishing in the Gulf of Mexico, and we applaud those who are considering new approaches. We support this two-year opportunity for the states to show that they can manage their private red snapper anglers under the conservation tenets of the Magnuson-Stevens Act.

“It is important that federal charter boats who do not wish to participate are treated fairly. These captains have worked for years to stabilize their seasons and are now close to finishing development of new federal fishery management plans.

Read the full story at the Orlando Political Observer

 

Request for Comments: Proposed Rule to Increase Catch Levels in Federal Waters and Prohibit Recreational Harvest of Spiny Lobster in the South Atlantic Using Traps

February 2, 2018 — The following was released by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries requests your comments on the proposed rule for Regulatory Amendment 4 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and the South Atlantic (Regulatory Amendment 4). Regulatory Amendment 4 would increase the catch limit for spiny lobster based on updated landings information and revised scientific recommendations; and prohibit the use of traps for recreational harvest of spiny lobster in federal waters off North Carolina, South Carolina, and Georgia.

Comments are due by March 4, 2018

SUMMARY OF PROPOSED CHANGES: 

  • The proposed rule would increase the catch limit for spiny lobster from 7.3 million pounds to 9.6 million pounds.
  • Currently, recreational harvest of spiny lobster using traps is prohibited in federal waters off Florida, but is allowed in federal waters off North Carolina, South Carolina, and Georgia. The proposed rule would make the prohibition consistent throughout the federal waters off all four states in the South Atlantic region.

HOW TO COMMENT ON THE PROPOSED RULE: 

The comment period is open from February 2, 2018, through March 4, 2018. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER:
83 FR 4890, published February 2, 2018

Electronic Submissions:Submit all electronic public comments via the Federal e-Rulemaking Portal.

  1. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0125.
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Nikhil Mehta, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

FREQUENTLY ASKED QUESTIONS (FAQs)

Why increase the catch limits for spiny lobster?

  • Current catch limits for spiny lobster are based on landings from fishing years 2000/2001 through 2009/2010. This time period included years where landings were historically low.
  • The Gulf of Mexico and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees recommended specifying catch limits for spiny lobster using a longer time series of spiny lobster landings (fishing years1991/1992 through 2015/2016).
  • The longer time period isbetter suited to capture the dynamics of the fishery that are influenced by factors beyond spiny lobster biology and harvest, such as environmental conditions.
  • The proposed increase in catch limits is based on the best scientific information available.

Why would recreational harvest of spiny lobster using traps be prohibited in federal waters off North Carolina, South Carolina, and Georgia?

  • Use of traps to catch spiny lobster by recreational fishermen off Florida is prohibited.
  • To date, the public has expressed little interest in using traps for the recreational harvest of spiny lobster off North Carolina, South Carolina, and Georgia. This may be due to a daily bag or possession limit for spiny lobster from federal waters other than Florida, of two per person for commercial and recreational fishing, year-round.
  • The South Atlantic Fishery Management Council is concerned that recreational use of trap gear may become more popular and result in potential negative impacts on essential fish habitat and result in an increase in the use of vertical lines that may interact with protected species (entanglement issues).
  • Trap gear also has the potential to “ghost” fish (trap continues to fish after it is lost).
  • Because spiny lobsters are larger in size in federal waters off Georgia, South Carolina, and North Carolina than off Florida, current trap configuration may not be efficient in capturing spiny lobster. Recreational traps used off Georgia, South Carolina, and North Carolina may require larger entrances which could result in greater bycatch of fish, crabs, and other invertebrates.
  • The proposed rule would make the trap prohibition for recreational fishermen consistent throughout the federal waters off all four states in the South Atlantic region.
  • Consistent regulations regarding this prohibition would aid law enforcement and avoid confusion among the fishers.

Where can I find more information on Regulatory Amendment 4? 

  • 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

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

 

NOAA: Final Rule to Implement Mutton Snapper Regulations in Federal Waters of the South Atlantic Region

January 12, 2018 — The following was released by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries announces a final rule for Amendment 41 to the Snapper-Grouper Fishery Management Plan in the South Atlantic. This rule updates mutton snapper catch limits and fishing regulations based on the most recent population assessment.

WHEN RULE WILL TAKE EFFECT:

  • Regulations will be effective on February 10, 2018.

WHAT THIS MEANS:

For commercial fishermen, the final rule:

  • Revises the commercial catch limit.
  • Increases the commercial minimum size limit from 16 to 18 inches total length.
  • Establishes a commercial trip limit of 500 pounds whole weight during January through April and July through December.
  • Establishes a commercial trip limit, during the April through June spawning season, of five mutton snapper per person per day, or five mutton snapper per person per trip, whichever is more restrictive. The purpose of the trip limit is to protect fish that are aggregating to reproduce.

For recreational fishermen, the final rule:

  • Revises the recreational catch limit.
  • Increases the recreational minimum size limit from 16 to 18 inches total length.
  • Decreases the recreational bag limit within the ten-snapper aggregate bag limit to five mutton snapper per person per day.
  • Revises the recreational catch target.

For both sectors, Amendment 41:

  • Specifies the maximum sustainable yield (long-term average catch that can be taken from a population under prevailing ecological and environmental conditions).
  • Specifies the minimum stock size threshold (level below which a species is overfished [population abundance is too low]).

Please see the Frequently Asked Questions below for more information on these actions.

FORMAL FEDERAL REGISTER NAME/NUMBER: 83 FR 1305, published January 11, 2018

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)

Why are the actions necessary? 

  • A population assessment for mutton snapper conducted in 2015 indicated that the population is not undergoing overfishing (rate of removal is too high) and is not overfished (population abundance is too low). However, the assessment update concluded that the mutton snapper population is smaller than estimated in the original mutton snapper stock assessment, completed in 2008. As a result, the South Atlantic and Gulf of Mexico Fishery Management Councils’ Scientific and Statistical Committees recommended a lower acceptable biological catch (ABC).
  • This final rule modifies management measures and catch levels in the South Atlantic consistent with the lower ABC recommendation.
  • Furthermore, stakeholders and law enforcement personnel have stated their concerns to the South Atlantic Fishery Management Council about overexploitation of mutton snapper when the species is aggregated to spawn. The Florida Fish and Wildlife Conservation Commission (FWC) has received similar comments. Therefore, the South Atlantic Fishery Management Council coordinated with FWC to develop compatible regulations for mutton snapper on the Atlantic coast in Florida state waters and Federal waters that address stakeholder concerns and benefit the mutton snapper resource.

What are the proposed commercial and recreational catch limits?

Table 1.Commercial and recreational catch limits for 2018-2020 through Amendment 41.

 

 Year  Commercial Catch Limit

(pounds)

 Recreational Catch Limit

(numbers of fish)
 2018  104,231  121,318
 2019  107,981  124,766
 2020  111,354  127,115

Why is the catch limit for the recreational sector specified in numbers of fish instead of pounds? 

The recreational catch limit is specified in numbers of fish because recreational fishermen report landings in numbers, not by weight. In addition, the average weight per fish is expected to increase due to the minimum size limit increase to 18 inches total length. Therefore, the South Atlantic Fishery Management Council has concluded that the combination of increasing the minimum size limit and converting the catch limit from numbers to pounds for the recreational sector could increase the risk of exceeding the ABC.

Learn more about NOAA Fisheries’ Southeast Region here.

 

NEFMC: January 2018 Council Update

January 3, 2018 — The following was released by the New England Fishery Management Council:

CONTRACTOR WANTED:  The New England Fishery Management Council is soliciting the services of an independent contractor to update a January 2015 discussion related to river herring and shad.  The document reviewed and summarized management and legal considerations associated with adding river herring and shad as stocks in the Atlantic herring fishery. The application deadline is January 15, 2018.  More information is available at Council Seeks Contractor to Update “Stocks in the Atlantic Herring Fishery” Discussion Document.

COUNCIL PROGRAM REVIEW:  The Council continues to encourage stakeholders to participate in the ongoing external review of how it conducts business.  The review is intended help the Council identify its strengths and weaknesses and flag potential areas for improvement.  Twelve port meetings and one webinar meeting were held in November and December to gather public input.  Two more port meetings are scheduled for:

  • Monday, January 8, Montauk, NY – Montauk Playhouse Community Center, 240 Edgemere Street, 5 p.m.
  • Tuesday, January 9, Cape May, NJ – Rutgers University, 1636 Delaware Ave., 5 p.m.

Three fishery managers and three scientists have been selected to serve on the independent review panel. They are:

  • Robert Beal, Executive Director, Atlantic States Marine Fisheries Commission
  • Robert Gill, former member and Chair, Gulf of Mexico Fishery Management Council; current member, Gulf Council’s Scientific and Statistical Committee
  • Dan Hull, Chairman, North Pacific Fishery Management Council
  • Dr. Pamela Mace, Principal Adviser Fisheries Science, Ministry for Primary Industries, New Zealand
  • Dr. Bonnie McCay, Board of Governors Distinguished Service Professor, Rutgers University
  • Dr. Kenny Rose, France-Merrick Professor in Sustainable Ecosystem Restoration, Horn Point Laboratory, University of Maryland Center for Environmental Science

The review panel will meet Tuesday, March 13 through Friday, March 16 to discuss Council operations and conduct its work. The meeting, which is open to the public, will be held at the Hilton Garden Inn, Boston Logan Airport.

Stakeholders still have time to take the online survey, which is available HERE.  More information can be found at Council Program Review.

JANUARY COUNCIL MEETING:  The New England Council will meet for two days in Portsmouth, NH from Tuesday, January 30 through Wednesday, January 31 at the Sheraton Harborside on Market Street.  The agenda is available at January 2018 Council meeting.

QUESTIONS:  Call or email Janice Plante at (607) 592-4817, jplante@nefmc.org.

 

Lawsuit alleges government colluded with sportfishing sector on red snapper

October 19, 2017 — SEAFOOD NEWS — Three additional documents have emerged as part of the lawsuit filed against the US Commerce Department that appear to show an intent to end-run normal channels of public comment and regulated processes for regional council activities, only to serve the needs of the sportfishing industry.

The lawsuit, filed by Ocean Conservancy and the Environmental Defense Fund last July, focused on mismanagement of the Gulf Red Snapper fishery, but documents released last week show the recreational industry expects a level of allowance that flies in the face of the legal requirements of the Magnuson Stevens Act, and the processes for managing fisheries that is contained within it.

The documents are part of a 70-page package submitted by the government in response to the plaintiff’s lawsuit. They show clear intent to receive special treatment when it comes to taking more of the annual catch, and broader influence on choosing who sits on the regional management councils, a process specified by the Magnuson-Stevens Act (MSA) which is poised for reauthorization in 2018.

Moreover, in at least three instances, Department of Commerce employees, after briefing sports industry stakeholders on the requirements of MSA, go on to suggest various legislative — not regulatory — “fixes” for breaking the rules with the red snapper action.

Indeed, the documents point to a blurred state of authorities and influence wielding between the Commerce Department and the US Congress. Whether it is a beleaguered agency’s attempts to protect its standing among Gulf states or an intentional violation of the law remains unclear, but no one is disputing that the regulations within MSA are clear, and have, in the case of red snapper, been ignored.

A letter to commerce secretary Wilbur Ross from Ben Speciale, president of Yamaha Marine Group, was sent on April 3, less than a week after Ross met with Speciale, Mike Nussman, Scott Deal and Pat Murray to discuss the need for a National Oceanic and Atmospheric Administration (NOAA) fisheries administrator who had experience with the recreational sector. Chris Oliver was hired as head of NOAA Fisheries two and a half months later.

Nussman is the president of the American Sportfishing Association, Deal is from Maverick Boats and Murray is from the Coastal Conservation Association.

Ross posed questions to the group and asked them to respond later. One topic that may have been brought up — Ross certainly raised it frequently during his confirmation hearing and in separate interviews following his confirmation — was ways to reverse the seafood imbalance of trade.

It was a topic Speciale responded to in his April 3 letter to Ross.

“We support imposing assessments on imported seafood based on the country of origin’s management program,” wrote Speciale. “We believe this will help level the playing field and allow our domestic commercial fishermen to increase revenue without increasing their landings. We also support efforts to promote aquaculture….and we must not forget that all recreational landed fish are consumed in the US,” Speciale pointed out.

“Promoting recreational fishing is a conservation-minded way of increasing the consumption of US-caught fish,” he wrote.

Speciale did not elaborate on the ramifications of increased per capita consumption coming from sports landings and the impact on sustainably managed populations of fish.

Speciale’s first request was about more red snapper for Gulf of Mexico anglers.

“…we must return to a recreational red snapper season of no less [than] the 60 days for the 2017 and 2018 seasons,” he wrote.

“I understand that the Gulf of Mexico Fishery Management Council and the regional administrator for NOAA Fisheries in the southeast region will present obstacles to this initiative, but they must be overcome so that we may restore a sense of fairness for recreational anglers.”

Speciale continued: “Excessive precaution and fear of frivolous litigation from the environmental industry has created a massive bureaucrat roadblock that has been unfair to anglers and stifled our industry.

“We ask that you overcome these obstacles at the regional fishery management councils and Regional Administrators’ Offices.”

Speciale’s second request was to appoint a person within the Office of Policy and Strategic Planning (currently headed up by Earl Comstock) to have direct oversight on all regional fishery management council appointments. Further, that every appointment should be made only after coordinated consulting with the recreational industry.

Finally, Speciale asked for NOAA Fisheries to adopt a long-term strategy to increase public access to state and federal waters and “eliminate any management effort or technique that attempts to privatize federal fisheries, which are and should remain a public resource.”

Almost two months later, as the red snapper season caught its quota in a matter of days, Shannon Cass-Calay, Chief of the Gulf and Caribbean Branch of the Sustainable Fisheries Division at NOAA Fisheries’ Southeast Fisheries Science Center ran the numbers on what the impact a 45-day extension would have on the red snapper stock in the gulf.

She sent a summary of the research to five of her colleagues, asking them to consider it, emphasizing the uncertainties in the data, and warning that an extended season “…will very likely cause catches to exceed OFL (Over Fishing Limit) and delay recovery by 4-6 years. Each additional overage will degrade the condition of the stock further.”

The final dissemination of that memo is not known, but it must have reached Earl Comstock, because he referenced it in one of two memos to Secretary Ross in early June.

After consulting with all five gulf state fisheries managers, Comstock asked Ross if he could move ahead on crafting an extension to the red snapper season. At the bottom of his first memo to Ross, dated June 1, Comstock hand wrote “Secretary said go with two days plus holidays. OK to proceed.”

On June 7, Comstock sent a memo to Ross preparing him for a hearing on appropriations where Senator Shelby (R-AL) may ask Ross about the gulf snapper issue. He also presented two options for the extension and asked Ross to pick one.

“As discussed, under either option the increased angler catch will result in the overall catch limit for this year being exceeded by 30% and 50%,” Comstock explained to Ross. “Either option would mean that, absent Congressional action to modify the Magnuson-Stevens Act requirements for the gulf, the recreational season next year would be significantly reduced.  All the state fishery managers know this, but agree the coordinated action has the greater long-term benefit,” Comstock wrote.

He acknowledged that either option will be opposed by commercial fishermen and charter operators, and “it will almost certainly draw a lawsuit.”

Comstock noted that any plaintiffs in a suit “cannot get a temporary restraining order because the Magnuson-Stevens Act prohibits them. However, they might be able to get an injunction based on the argument we are violating a recent court order that stopped a 2% reallocation from commercial to recreational that the Gulf Council had adopted,” he wrote.

A third new document appears to depict a National Marine Fisheries Service administrator suggesting work arounds for an action that would be in direct violation of MSA. It’s a memo from Harry Blanchet, Biologist Administrator of the Fisheries Division, Louisiana Department of Wildlife, to John Searle, the Congressional staffer to Louisiana Representative Steve Scalise. Searle had been in discussions with the state fisheries department regarding the red snapper situation.

Blanchet, who also sits on the Gulf Council’s Science and Statistical panel, warned Scalise that “recreational red snapper harvest for 2017 may well overrun the recreational allocation by a substantial amount, and as a result, overall harvest may overrun the total allowable catch.”

Blanchet, like those before him, warned Searle that, “historically, and required by Magnuson, those over-runs would have to be paid back in following years, resulting in even lower recreational quota and thus federal seasons,” he told Seale.

Blanchet’s solution was a waiver.

“My thought was that a simple waiver of those Magnuson requirements in another bill in the current Congress could help a lot in terms of allowing there to be a federal waters recreational red snapper season in 2018. I understand that you may want to do a lot more, but just want to be sure that those payback provisions to not come back to bite next year,” he wrote.

This story originally appeared on Seafood News, a subscription site. It is reprinted with permission.