red grouper Archives - Page 3 of 4

Despite flawed procedures, economic inaccuracies and legal precedents, NOAA acts to take fish from families, markets, restaurants and consumers

May 2, 2022 — The following was released by the Gulf Coast Seafood Alliance:

Today, the U.S. Department of Commerce and NOAA Fisheries formally published their decision to take fish from working families, markets, restaurants and consumers, even though this decision comes as a result of flawed procedures, inaccuracies and inadequacies in their economic analysis, and numerous legal precedents which will be violated.

Amendment 53 to the Reef Fish Resources Fishery Management Plan as formulated by the Gulf of Mexico Fishery Management Council (Gulf Council):

Will reallocate 20 percent of commercial red grouper quota to the recreational sector (a 32 percent decrease from what would have been allocated without the amendment) causing significant harm to restaurants, markets, distributors, processors, harvesters, and ultimately end consumers;

Will deny the citizens of the United States access to 1.2 million pounds of red grouper currently being caught annually by commercial fishermen and enjoyed by anyone who does not have the ability or opportunity to fish recreationally;

Will deprive restaurants of revenue from those landings, negatively affect the tourist industry, and deprive non-angler citizens of their access to Gulf of Mexico seafood resources.

During the public comment period, the Gulf Coast Seafood Alliance (GCSA) submitted an analysis conducted by respected independent experts in opposition to the proposed rule. In addition to our comments, seventeen major organizations registered their opposition to Amendment 53, including the Environmental Defense Fund, the National Restaurant Association, the National Fisheries Institute, the Gulf of Mexico Reef Fish Shareholders’ Alliance, and the Charter Fisherman’s Association.

On February 18^th, public comments were due to NOAA Fisheries on the proposed rule for the implementation of Amendment 53 to the Reef Fish Resources Fishery Management Plan. On March 9, just 12 workdays later, Andrew Strelcheck, the regional administrator, approved the Amendment in a letter to Dale Diaz, chair of the Gulf Council. Given the typical length of time required by NOAA to conduct analyses, it is incomprehensible that the agency undertook a serious analysis of the comments submitted by GCSA and the numerous other organizations and individuals who raised serious concerns.

Instead, NOAA appears to have taken an “approve now, analyze later” approach.

THE GCSA REVIEW

GCSA’s expert panel analyzed the Gulf Council’s actions in the development of Amendment 53, and found significant problems, from three perspectives:

Process: flaws in the processes and procedures undertaken by the Gulf Council that led to its adoption
- An analysis of the Gulf Council process under the supervision of Dr. Steve Cadrin, Professor of Fisheries Oceanography at the University of Massachusetts, Dartmouth, School of Marine Science and Technology, and past president of the American Institute of Fisheries Research Biologists, conducted by Aubrey Ellertson Church, a graduate student at the same institution.

Economic: inadequacies and inaccuracies in the economic and environmental studies conducted
- An economic analysis by Dr. Tom Sproul, Associate Professor of Environmental and Natural Resource Economics at the University of Rhode Island, who represents Rhode Island on the Committee for Economics and Social Science at the Atlantic States Marine Fisheries Commission.

Legal: the legal precedents that would be violated by implementation of the Amendment
- A legal analysis by attorney Drew Minkiewicz, a partner in the Washington, DC law office of Kelley Drye & Warren LLP. In his second decade of legal practice, he represents commercial fishing interests and maritime shippers. Prior to joining Kelley Drye, Drew served as senior counsel and staff director of the Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard of the Senate Committee on Commerce, Science and Transportation.

PROCESS ISSUES AND STATISTICAL ANALYSIS PROBLEMS

The review found these serious issues in the Gulf Council’s promulgation of Amendment 53:

The Gulf Council’s economic analysis in the Final Environmental Impact Statement (FEIS) contains a pattern of assumptions and omissions that bias the cost-benefit analysis against commercial fishing and in favor of recreational fishing. Accordingly, an unbiased FEIS would come to the opposite conclusion, that recreational quota should be reallocated to the commercial fishery.

The Gulf Council’s analysis to calculate economic value for recreational fisheries included all value added from the time a fish was swimming freely below the waves until it was caught by a recreational fisher’s hook, but that Council analysis to calculate economic value of commercially-caught fish ended with the ex-vessel value at the dock, and ignored all additional value added from the dock to the restaurant plate or the market seafood counter.

Significant concerns exist on efforts to retroactively interrelate estimates of recreational fishing effort derived from the Coastal Household Telephone Survey (CHTS) with the Fishing Effort Survey (FES). These concerns emerged in the Marine Recreational Information Program (MRIP) Calibration Model Peer Review organized by NOAA Fisheries in 2017, and are expressed in the minority report on Amendment 53.

Anomalies in the record of the NOAA Fisheries analysis of the 2017 MRIP Calibration Model Peer Review indicating that the data from Florida private vessels most representative of recreational red grouper catch are not aligned with the macro assumptions used by the Council in the adoption of Amendment 53.

The circumstances leading to Amendment 53 arose from changes in the way that recreational fishing catch is estimated. Starting in 1979, data about recreational fishing effort was collected by phone survey. This method became less practical over time—due in large part to a decline in the use of landline telephones. It was replaced with the FES, a postal mail survey sent to a sample of residential households in coastal states. Between 2016 and 2017, NOAA Fisheries staff and independent consultants worked to develop a calibration model to re-estimate statistics produced by the phone survey.

During the 2017 MRIP Calibration Model Peer Review, NOAA Fisheries researchers were unable to explain the large difference in MRIP-FES catch estimates using covariates in the statistical calibration model. Reviewer Jason McNamee noted it was impossible to certify the accuracy of the predictions backwards in time. Neither of these difficulties are surprising given the difficulty of retrodicting data going back decades from just a few recent years of calibration data.

Members of the GCSA are concerned about an anomaly we have found in the official record of the 2017 MRIP Calibration Model Peer Review. In examining the records of the estimated retrodicted FES values (the recalculation of the historic numbers) against the previously existing CHTS values, and using what can be called the “Sesame Street analysis,” we see that that “one of these things is not like the other, one of these things just doesn’t belong”:

The additional materials from the 2017 MRIP Calibration Model Peer Review panel contain a series of plots of the estimated retrodicted FES values against the previous CHTS values for each of the 17 Atlantic and Gulf Coastal states.

An examination of the plot of retrodicted FES values against previous CHTS values for private boat trips by Florida anglers – who represent the overwhelming majority of the Red Grouper recreational fishery – shows that nearly all the pre-existing CHTS values over the period 1986 – 2005 fall inside the confidence interval for the newly calculated MRIP-FES predictions.

The implication of this one-state anomaly is important. It implies that the retrodicted FES values for Florida anglers – who comprise much of the Gulf red grouper recreational fishers – are not statistically different from the previously existing CHTS estimates.

In other words, there appears to be insufficient statistical information to determine that historical catch for these anglers was different from the previous estimates, and therefore there is no basis for reallocation.

Our combined review of both the Council procedures and the ultimately selected alternative using questionable historic statistical analyses demonstrates that Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico:

Does not promote conservation for a highly vulnerable stock;

Does not advance objectives of the Fishery Management Plan;

Ignores factors that would have increased the commercial sectors allocation;

Does not minimize bycatch;

Does not provide information on how NOAA Fisheries recalibrated historical red grouper landings;

Ignored the Council’s allocation policy;

Ignores recommendations of the Reef Fish Advisory Panel and IFQ Advisory Panel.

ECONOMIC ANALYSIS PROBLEMS

To translate the term “consumer surplus” from terms used by economists to the commonly used vernacular, what this means is that the economic analysis used by the Council includes the value of any fish caught by a recreational angler all the way to the hook of the recreational fisher. But when we examine the application of the same “consumer surplus” concept as it is applied to the commercial fishery in the Council analysis, the calculation ends at the “ex-vessel” value that is paid by a “fish house” or processor at the dock. So, all of the additional economic value added by the GCSA members who distribute seafood wholesale, or own markets or restaurants, is ignored in the Council calculations, as well as the value to the end consumers of seafood.

There is no justification for this choice, nor even any disclosure that this choice was made.

Our economic analysis found that the FEIS contains incomplete, arbitrary and biased analysis – it cannot be relied upon for federal rulemaking until corrections are made.

The key points in our review are as follows:

Estimates of angler consumer surplus are arbitrary and overstated.
Estimates of consumer surplus from commercial harvest are missing.
Estimates of producer surplus from commercial harvest are missing for secondary wholesale, retail and restaurants.
Estimates of climate change impacts are missing. Our estimates indicate substantially larger climate change impacts from recreational trips than from commercial harvest.
Indirect and induced economic impacts are omitted from the cost-benefit analysis.
Objective cost-benefit analysis favors increasing commercial quota allocation.
Confidence in the analysis is overstated because estimates of uncertainty are missing.

The economic conclusions drawn in the FEIS to support Amendment 53 hinge entirely on the arbitrary assignment of outsize enjoyment benefits to recreational anglers of $110 per fish. This value is based on a single research study using hypothetical tradeoffs, and it is more than 25x the value determined appropriate by the U.S. Environmental Protection Agency.

Without this single arbitrary assumption, the economic analysis in the FEIS would come to the opposite conclusion: Amendment 53 should be rejected and, if anything, recreational quota should be reallocated to the commercial fishery.

LEGAL PROBLEMS

Our legal analysis shows the rule would violate existing law in several ways:

Under the law, if fishing privileges are allocated to a specific group, that allocation must actually “promote” a conservation purpose. Because the allocation fails to promote the conservation of a fish stock, the rule violates National Standard Four of the Magnuson-Stevens Act. 16 U.S.C. § 1851(a)(4).
It does not advance the objectives of the Fishery Management Plan to achieve robust fishery reporting and data collection systems across all sectors for monitoring the reef fish fishery, which minimizes scientific, management, and risk uncertainty; to minimize and reduce dead discards; and to promote and maintain accountability in the reef fish fishery. By selecting alternatives that contradict these stated goals the Agency is acting in an arbitrary and unreasonable fashion. Oceana, Inc. v. Evans, 2005 WL 555426, *7 (D.D.C. 2005), quoting City of Alexandria v. Slater, 198 F.3d 862, 867 (D.C. Cir. 1999).
National Standard 9, 16 U.S.C. § 1851(a)(9) directs those measures to minimize bycatch or mortality of bycatch. Amendment 53 has no measures to reduce bycatch. Rather, the rule would increase bycatch in a directed fishery. In Coastal Conservation Ass’n v. Gutierrez, 512 F.Supp.2d 896 (2007), and in Flaherty v. Bryson, 850 F.Supp.2d 38 (2012), courts found that NMFS violated the law by not including measures to address the minimization of bycatch.
16 U.S.C. § 1851(a)(2) dictates that conservation and management measures shall be based upon the best scientific information available. Yet, as our economic analysis shows, the Environmental Protection Agency’s meta-analysis is far superior than the economic analysis used to justify Amendment 53 in every objective way. In Hall v. Evans, 165 F. Supp. 2d 114 (D.R.I. 2001), the Court concluded that NMFS violated National Standard 2 because the Secretary had not utilized the best scientific information available to the agency.
The proposed rule for Amendment 53 is similar to the rule promulgated for Amendment 28 to the Reef Fish FMP which was rejected in Guindon v. Pritzker, 240 F. Supp. 3d 181 (D.D.C. 2017), in which the Court struck down a reallocation that rewarded the recreational sector for overharvesting as not “fair and equitable”.

OTHER MAJOR ORGANIZATIONS OPPOSING THIS ACTION
Following are excerpts from their public comments:

Environmental Defense Fund:

Much of our U.S. work supports the development and implementation of fishery management best practices and climate resilience. Key to progress in these areas is ensuring that fishery management policies are rooted in sound public process, are consistent with governing laws, and use the best available science. It is through this lens that we respectfully request that you reject Amendment 53 in its current form and send it back to the Gulf Council for further consideration, following the Gulf Council’s designated allocation review process.

National Restaurant Association

[Amendment 53 will] cause significant harm to the entire seafood supply chain, including restaurants, and is inconsistent with the requirements of the Magnuson-Stevens Act Fishery Conservation and Management Act [and] would remove hundreds of thousands of red grouper servings from restaurants and their consumers.

National Fisheries Institute

If adopted, Amendment 53 will establish a worrisome precedent against the science-driven, collaborative MSA framework. That framework has enabled NMFS and the fishery management councils to restore dozens of significant fisheries to maximum sustainable yield and then to keep them there in the face of conservation and other headwinds. But if one sector can successfully engineer a dramatic reallocation in the red grouper fishery as proposed here, that will tempt others to seek similar, one-sided outcomes in other, completely unrelated fisheries that (like this one) do not face sustainability disaster. Gulf Council management of the red snapper fishery in recent years has already prompted similar concerns from environmental advocates, commercial seafood producers, Gulf Council members, and other parties. This will undermine the MSA framework and if repeated often enough will cause its collapse.

Gulf of Mexico Reef Fish Shareholders Alliance

NMFS attempted to re-create historical ACLs based on FES calibrations for other species like king mackerel. No similar attempt was made for red grouper. Our understanding is that attempting to calculate historical ACLs going back to years used for red grouper allocation (1986-2005) was difficult. But without undertaking that exercise, reallocation is just a one-way ratchet in which only the recreational sector can ever benefit. In that regard, red grouper reallocation under Amendment 53 is similar to red snapper reallocation under Amendment 28, which a court struck down as not fair and equitable as required by National Standard 4.

Charter Fisherman’s Association

Amendment 53 appears to punish the commercial sector for the discards of the recreational sector (the commercial sector loses 1.2 million pounds of red grouper while the recreational sector’s quota only increases 550,000 pounds; the remaining 650,000 pounds goes to accounting for the recreational sector discards) and we can’t support that…Each sector, or subsector, should be responsible for their own discards and not be forced to subsidize the dead discards of others.

The Gulf Coast Seafood Alliance (GCSA) is an organization of stakeholders seeking a common goal: equitable and sustainable fisheries along the Gulf Coast for commercial and recreational use alike. Our members make up a diverse group of restaurant owners, chefs, vessel owners, and seafood market owners. GCSA members represent the entire spectrum of commercial fish production in the Gulf of Mexico, from harvest at sea, to processing, and ultimately to the end consumer – shoppers in markets and diners in restaurants.

Red Grouper Reallocation by NOAA Fisheries Punishes Commercial Fishermen and Seafood Consumers, Jeopardizes Red Grouper Sustainability

May 2, 2022 — The following was released by A.P. Bell Fish Company, the Gulf of Mexico Reef Shareholders’ Alliance, and the Southern Offshore Fishing Association:

Today, the U.S. Department of Commerce and National Oceanic and Atmospheric Administration (NOAA) Fisheries formally published their decision to take fish from commercial fishing families, the seafood supply chain, and the seafood consumers they serve. The publication of the Final Rule implementing Amendment 53 to the Reef Fish Fishery Management Plan comes despite NOAA Fisheries admitting that doing so will increase recreational discards, put more strain on the recovery of this species, and reduce the amount of red grouper that all fishermen can enjoy in the Gulf of Mexico.

“Red grouper is the foundation of my family’s business that has existed in Florida for more than 80 years,” said Karen Bell, third-generation owner and President of A.P. Bell Fish Company located in Cortez, Florida. “We pride ourselves on catching and serving our customers fresh, wild, sustainably-caught red grouper from the Gulf of Mexico. Now NOAA Fisheries is making it difficult for us to serve our customers and stay in business.”

The ostensible purpose of Amendment 53 is to account for new data from NOAA Fisheries based on the Marine Recreational Information Program (MRIP) Fishing Effort Survey (FES), which indicated the recreational sector catches more red grouper than previously estimated. But instead of using these new data to spark a discussion about better management and more accountability to ensure all fishermen stay within their catch limits, NOAA Fisheries and the Gulf of Mexico Fishery Management Council (Gulf Council) chose to use these new data to literally “rewrite history” to justify taking 32% of the commercial sector’s quota and giving it to the recreational sector.

“Somehow NOAA Fisheries took this new recreational FES survey, magically revised 35 years of data about what recreational anglers caught in the past, and told us that commercial fishermen need to give up some of our quota so these anglers get more fish to catch in the future,” said Ed Maccini, president of the Southern Offshore Fishing Association (SOFA), based in Madeira Beach, Florida. “But unlike commercial fishermen who report and weigh every pound of fish we land, recreational anglers don’t have to report what they catch or even be accurate in what they choose to report. It’s all basically guesswork by NOAA Fisheries. And now they’re taking our quota away based on these highly uncertain and wildly changing estimates.”

Commercial fishermen remain baffled as to why NOAA Fisheries would make such an anti-conservation decision when the red grouper stock recently reached some of the lowest levels on record. Furthermore, according to the Gulf Council’s own analysis, rewarding the recreational sector with more allocation “is more likely to result in an overfishing or eventual overfished status of red grouper.”

“This is a lose-lose-lose situation: our businesses are taking a hit, seafood consumers are taking a hit, and the health of the red grouper stock is taking a hit,” said Jason DeLaCruz, owner of Wild Seafood Co. in John’s Pass, Florida. “The commercial sector is stuck with getting a smaller slice of a smaller pie, yet the recreational sector is allowed to throw back more than 3.7 million red grouper every year, and a few years back they threw back more than 6 million red grouper – that’s more fish than commercial fishermen are allowed to land. Amendment 53 reduces everyone’s quotas so that the recreational sector can discard more fish. It’s such a waste.”

The public opposition to Amendment 53 has been overwhelming – all told, more than 99.3% of all testimony recently submitted to NOAA Fisheries opposed Amendment 53. This opposition came from a wide range of industries and sectors including:

Commercial fishermen
Commercial fishing organizations (in the Gulf of Mexico and throughout the country)
Federal commercial fishing coalitions (representing commercial fishermen from Alaska to California to Maine to the Gulf of Mexico)
The restaurant industry
The seafood supply chain
Charter/for-hire fishermen and fishing organizations
Scientists
Economists
Environmental organizations
Lawyers/legal advisors, and
Seafood consumers (literally thousands of them)

“Amendment 53 is illegal. Period,” said Buddy Guindon, Executive Director of the Gulf of Mexico Reef Fish Shareholders’ Alliance, based in Galveston, Texas. “It maximizes discards, unfairly penalizes commercial fishermen by taking away their quota to cover dead discards by recreational anglers, and increases the risk of overfishing. This is opposite of what Congress intended when it adopted the Magnuson-Stevens Fishery Conservation and Management Act.”

Gulf of Mexico fishermen, supporters organize to challenge red grouper reallocation

March 11, 2022 — A move to reallocate Gulf of Mexico red grouper has marshaled a broad coalition of fishing, seafood and food service industry groups asking federal officials to reconsider.

In a region where fishery politics are dominated by the recreational sector, commercial fishing advocates aided by allies in the restaurant and seafood industries mounted a big pushback on the planned Amendment 53 to the Gulf of Mexico Fishery Management Council reef fish management plan.

But in a March 9 letter, NMFS regional administrator Andrew Strelcheck advised the council that NMFS intends to approve the move.

In June 2021 the Gulf of Mexico council voted to change the recreational and commercial allocations of red grouper, based on recent changes to NMFS surveys of recreational fishing effort that showed the recreational side caught more fish during allocation reference years than had been estimated before.

The net effect would be to reduce the commercial sector’s allocation from 76 percent to 59.3 percent, while and increasing the recreational share from 24 percent to 40.7 percent, according to a Seafood Harvesters of America comment letter to NMFS.

“Effectively, this will result in a reduction of nearly one-third (32 percent) of the commercial sector’s allocation,” the group wrote.

“There were some pretty impressive organizations that were against the amendment,” the Reef Fish Shareholders Alliance noted in a bulletin to its members. “These included the National Restaurant Association, the National Fisheries Institute, the Florida Restaurant and Lodging Association, The (National) Food Industry Association, Seafood Harvesters of America, Southeastern Fisheries Association, Southern Offshore Fishing Association, Gulf Coast Seafood Alliance, National Association of Charterboat Operators, Gulf of Mexico Reef Fish Shareholders’ Alliance, Fish for America USA, Southern Offshore Fishing Association, and the National Association of Charterboat Operators.”

Read the full story at National Fisherman

NOAA Requests Comments on a Proposed Rule to Revise the Gulf of Mexico Red Grouper Catch Limits and Catch Targets

January 19, 2022 — The following was released by NOAA Fisheries:

Key Messages:

•NOAA Fisheries is requesting public comments on a proposed rule for Amendment 53 to the Fishery Management Plan for the Reef Fish Resources in the Gulf of Mexico (Amendment 53) to revise the Gulf of Mexico red grouper sector annual catch limits and sector annual catch targets.

•Amendment 53 would also:

◦ Modify the allocation of Gulf of Mexico (Gulf) red grouper catch between the commercial and recreational sectors,

◦ Specify a new overfishing limit and acceptable biological catch.

•NOAA Fisheries requests your comments regarding the changes the proposed rule would make to Gulf red grouper management in federal waters. Comments are due by February 18, 2022.

•NOAA Fisheries also published a notice of availability for Amendment 53 and is requesting comments on the amendment.

•Comments on both the proposed rule and amendment will be considered in the final rule.

•Although the most recent red grouper population assessment did not show red grouper was undergoing overfishing (too many fish being caught) or being overfished (the populations is too low), the assessment did find the population was below a level that could support the optimal harvest.

•Additionally, there is evidence the red grouper population was hurt by recent red tide events along the west Florida shelf.

Summary of Proposed Changes in Proposed Rule and Amendment 53:

•Revise the Gulf red grouper allocation from 76% commercial and 24% recreational, to 59.3% commercial and 40.7% recreational.

•Revise the recreational annual catch target buffer from 8% to 9%.

•Revise the overfishing limit, acceptable biological catch, sector annual catch limits, and sector annual catch targets as indicated in Table 1 below.

Table 1. Current and proposed overfishing limit (OFL), acceptable biological catch (ABC), population annual catch limit (ACL), sector ACLs, and sector annual catch targets (ACT) in million pounds gutted weight. Note that current recreational ACLs and ACTs are in Marine Recreational Information Program (MRIP) Coastal Household Telephone Survey (CHTS) units and the proposed recreational ACLs and ACTs are in MRIP Fishing Effort Survey (MRIP-FES) units. The reduction shows the percent change in the proposed commercial and recreational ACLs and ACTs (recreational values are in MRIP-FES units).

OFL

ABC

Population ACL

Commercial ACL

Recreational ACL

Commercial ACT (quota)

Recreational ACT

Current

14.16

13.92

4.16

3.16

1.00

3.00

0.92

MRIP-FES equivalent

(5.26)

(2.10)

(1.93)

Proposed

4.66

4.26

4.26

2.53

1.73

2.40

1.57

Reduction

19%

20%

18%

20%

19%

How to Comment On the Proposed Rule:

The comment period for the proposed rule is open now through February 18, 2022. 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: 87 FR 2737, published January 19, 2022.

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

1.Go to: https://www.regulations.gov/document/NOAA-NMFS-2021-0098-0037

2.Click the “Comment Now!” icon, complete the required fields.

3.Enter or attach your comments.

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

Frequently Asked Questions (FAQs)

What is NOAA Fisheries announcing today?

•NOAA Fisheries is announcing a public comment period for a proposed rule to revise the Gulf red grouper sector annual catch limits and annual catch targets.

•The comment period is open from January 19, 2021, through February 18, 2022.

•This action sets the red grouper sector specific annual catch limits and annual catch targets consistent with the Gulf Council’s Scientific and Statistical Committee’s recommendations.

What are the proposed sector catch limits and catch targets and how were they determined?

•The sector annual catch limits were determined by applying the new allocation of 59.3% commercial and 40.7% recreational to the population annual catch limit.

•For the commercial sector, the annual catch target was maintained at 5% below the commercial annual catch limit to allow for red grouper and gag multi-use shares to be used in the individual fishing quota program.

•For the recreational sector, the buffer between the annual catch target and annual catch limit was determined by the Gulf Council’s annual catch limit and annual catch target control rule.

◦ The control rule uses a number of factors about recreational harvest to develop an appropriate buffer between the annual catch limit and annual catch target.

◦ The control rule recommended the buffer be changed from 8% to 9%.

Why does this action propose that the recreational sector should have a higher percentage of the annual catch limit?

•The Southeast Data, Assessment, and Review (SEDAR) population assessment for red grouper used updated recreational catch and effort data from the MRIP Access Point Angler Intercept Survey (APAIS) and FES, which collectively estimate larger than previously calculated catch and effort for the recreational sector.

•Because MRIP-FES was used in the red grouper SEDAR population assessment, estimates of historic recreational landings were greater than in previous assessments.

•Therefore, when comparing recreational and commercial landings, recreational landings were proportionately larger than past comparisons.

Why did the Gulf Council recommend changing the allocation between the commercial and recreational sectors?

•A Gulf red grouper population assessment was completed in late 2019 through the SEDAR process.

•The Gulf Council decided to use landings from1986 through 2005 to set the new sector allocations. These are the same years of landings used to set the current allocation of 76% commercial and 24% recreational and represent historic participation in the reef fish fishery.

•The Gulf Council used a new recreational survey to estimate 1986 through 2005 landings (see question above).

•This new survey was used in the population assessment and estimates higher recreational effort and landings than previous surveys.

•Using the new survey led to proportionally more red grouper being caught by the recreational sector.

•The resulting allocation is 59.3% commercial and 40.7% recreational.

What are the next steps?

•The public comment period for the proposed rule is open for 30 days, from January 19, 2022, through February 18, 2022.

◦ NOAA Fisheries is also soliciting public comment on Amendment 53 through a notice of availability. This comment period is open for 60 days, from December 9, 2021, through February 7, 2022.

•NOAA Fisheries will prepare the final rule and address comments received during the proposed rule and notice of availability comment periods.

•NOAA Fisheries will issue a fishery bulletin alerting constituents to any regulatory changes being implemented and advising of a 30-day cooling off period providing time to prepare for the new regulations.

What is the difference between the recreational surveys used to estimate recreational landings?

•NOAA Fisheries created Marine Recreational Fisheries Statistical Survey (MRFSS) in 1979 to estimate recreational landings and MRFSS collected recreational data on catch and effort, including red grouper, beginning in 1981.

•MRFSS included both telephone surveys and interviews at marinas and other points where recreational anglers fish.

•In 2008, MRIP replaced MRFSS to meet increasing demand for more precise, accurate, and timely recreational catch estimates. MRIP included telephone surveys of households and for-hire vessel operators that collected information about recreational fishing activity, and an angler intercept survey that collected information about the fish that were caught.

•In 2013, MRIP began using APAIS, which was designed to address concerns that trips recorded during a given time period are representative of trips for a full day.

•Beginning in 2015, MRIP-CHTS moved to a new mail survey, MRIP-FES, to overcome issues that arose from shifts in phone usage as cellular telephones became more popular.

•The mail-based FES uses angler license and registration information to identify and contact anglers

•Because FES and CHTS are so different, NOAA Fisheries conducted side-by-side testing of the two methods from 2015 to 2017 to develop a calibration model.

•In general, total recreational fishing effort estimates generated from FES are higher — and in some cases substantially higher — than CHTS estimates because FES is designed to more accurately measure fishing activity than CHTS, not because there was a sudden rise in fishing effort.

•NOAA Fisheries developed a calibration model to adjust historic effort estimates so that they can be accurately compared to new estimates from FES.

•More information on recreational survey methods can be found at https://www.fisheries.noaa.gov/topic/recreational-fishing-data.

Where can I find more information on Amendment 53?

•Contact NOAA Fisheries, Southeast Regional Office

By Mail: Peter Hood

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

•Amendment 53 and the Notice of Availability may be found online at the NOAA Fisheries Southeast Regional Office Web site at: https://www.fisheries.noaa.gov/action/amendment-53-red-grouper-allocations-and-catch-levels.

Sign Up For Text Message Alerts – Find Out About Immediate Openings and Closures

NOAA’s Text Message Alert Program allows you to receive important fishery related alerts via text message (SMS). Standard message & data rates may apply. You may opt-out at any time.

Text alerts you may receive include:

•Immediate fishery openings and closures

•Any significant changes to fishing regulations that happen quickly

•Gulf of Mexico Recreational Fisheries Related Alerts

◦ Text GULFRECFISH to 888777

•Gulf of Mexico Commercial Fisheries Related Alerts

◦ Text GULFCOMMFISH to 888777

•South Atlantic Recreational Fisheries Related Alerts

◦ Text SATLRECFISH to 888777

•South Atlantic Commercial Fisheries Related Alerts

◦ Text SATLCOMMFISH to 888777

•Caribbean Fisheries Related Alerts

◦ Text CARIBFISH to 888777

Other Contacts

Media: Kim Amendola (727) 551-5705, Allison Garrett (727) 551-5750

NMFS set to reduce red grouper quota for Gulf of Mexico commercial fishermen

December 23, 2021 — The National Marine Fisheries Service announced in mid-December that on Jan. 1 the agency would withhold 600,000 pounds of IFQ red grouper allocation from commercial fishermen in the Gulf of Mexico. The current commercial catch target is 3 million pounds.

A late-2019 stock assessment indicated that red grouper were neither overfished nor undergoing overfishing but that their population was “below a level that could support the optimal harvest,” said NOAA. “Additionally, there is evidence the red grouper population has been hurt by recent red tide events along the west Florida shelf.”

The size of the commercial cut correlates with a change in the fishery’s historical commercial/recreational allocation that the Gulf of Mexico Fishery Management Council had passed in June 2021; Reef Fish Amendment 53 reduced the commercial share of the fishery from 76 percent to 59.3 percent and increased the recreational share from 24 percent to 40.7 percent.

Read the full story at National Fisherman

Gulf of Mexico commercial fisherman upset at red grouper allocation

July 12, 2021 — Commercial fishermen in the Gulf of Mexico said they were shocked to see their share of the red grouper quota cut by 600,000 pounds.

A statement released Tuesday, 29, June by the Gulf of Mexico Reef Fish Shareholders’ Alliance said the reallocation to recreational fishermen means a loss of about USD 3 million (EUR 2.5 million), a significant loss for “fishing families.” They also fear it could lead to overfishing of the species.

Read the full story at Seafood Source

Gulf Coast Seafood Alliance Urges Feds to Preserve Red Grouper Access for All Americans

July 8, 2021 — Last month, the Gulf of Mexico Fishery Management Council changed the allocation between commercial and recreational red grouper from a 76:24 split to 59.3:40.7 split on a slightly reduced total allowable catch.

Yesterday, the Gulf Coast Seafood Alliance (GCSA), called the move “… deeply disturb[ing] …”. If approved, the Council’s action will deprive the citizens of the United States access to 600,000 pounds of red grouper this year currently being caught by commercial fishermen, and enjoyed by anyone who does not have the ability or opportunity to fish recreationally,” the group said in a statement. GCSA represents seafood harvesters, distributors, and restaurants across Gulf Coast.

Read the full story at Seafood News

Gulf Coast Seafood Alliance Calls on Federal Government to Preserve Red Grouper Access for All Americans

July 6, 2021 — The following was released by the Gulf Coast Seafood Alliance:

Members of the Gulf Coast Seafood Alliance, representing seafood harvesters, distributors, and the restaurants serving their products, are deeply disturbed by the Gulf of Mexico Fishery Management Council’s recent proposal to reallocate 20 percent of the commercial red grouper quota to the recreational sector.

If approved, the Council’s action will deprive the citizens of the United States access to 600,000 pounds of red grouper this year currently being caught by commercial fishermen, and enjoyed by anyone who does not have the ability or opportunity to fish recreationally. It will also deprive restaurants of revenue from those landings, and will block both local residents and tourists from accessing our Gulf seafood resources.

This decision demonstrates the success of an ongoing effort by the well-funded recreational fishing lobby to take a disproportionate share of the quota for their personal enjoyment, and for the profit of companies supplying fishing gear and recreational vessels.

Of America’s approximately 330 million citizens, only 38 million are holders of recreational fishing licenses, tags, permits and stamps, according to the U.S. Fish & Wildlife Service. The 11 percent of Americans who enjoy fishing recreationally, who can afford the gear, boats and charters needed to participate in this sport, certainly have the right to access this resource, but they should not have the right to monopolize the resource.

The other 89 percent of Americans nationwide who do not hold fishing licenses, tags, permits or stamps also have the right to access domestic seafood resources, which they currently do through the labor of our commercial fishermen and distributors, who supply wild-caught seafood to their markets and favorite restaurants.

Commercial fishing is just as important to the Gulf tourist economy as recreational fishing, even though the benefits are often overlooked. If commercial fishermen can’t catch enough local species like grouper, the impacts will ripple through the critically important restaurant industry. Less grouper to catch means less grouper for restaurants, and that will inevitably lead to higher prices at the table.

Red grouper is one of the best selling local seafood items at Gulf restaurants. Without ready access to it at prices customers feel comfortable paying, some restaurants may have to consider supplementing their wild-caught products with farm-raised fish from overseas. Fresh, local seafood is one of the reasons people come from across the country to the Gulf; a restaurant industry without it would be far less appealing.

Appointees to the Fisheries Council selected by former Commerce Secretary Wilbur Ross from the slates of nominees submitted by regional governors tipped the composition of the Council in the direction of recreational fishing interests who derive their pleasure from our fisheries over those who derive their livelihoods from our fisheries.

As the former Governor of Rhode Island, our current Secretary of Commerce, Gina Raimondo, unquestionably understands the need to balance the rights of recreational fishing participants with the rights of citizen consumers. Like our Gulf Coast, the Rhode Island economy has for centuries supported fishing interests – both commercial and recreational – as well as a robust tourist trade that sustains restaurants, markets and hotels filled with guests who enjoy local seafood. We must continue developing methods to share our nation’s coastal resources and not exclude one sector in favor of another.

About the Gulf Coast Seafood Alliance
The Gulf Coast Seafood Alliance (GCSA) unites fishermen, seafood dealers, and restaurants to advocate for the fair distribution of fish across the Gulf Coast. Americans who live in or visit the Gulf should have fish to catch at sea and fish to buy onshore. Our members drive a fishing economy that provides jobs, promotes tourism, and delivers fresh seafood across the Gulf Coast. View our membership here.

Recreational quota grab sets dangerous precedent, gulf fleet warns

July 1, 2021 — On Friday, June 25, the Gulf of Mexico Fishery Management Council took final action on Amendment 53: Red Grouper Recalibration and Reallocation.

If implemented by Commerce Secretary Gina Raimondo, this amendment would reduce the commercial quota share from 76 percent to 59.3 percent, or about 600,000 pounds, starting in 2022.

“Taking 600,000 pounds of red grouper quota not only directly hurts hard-working American fishermen who rely on grouper for the businesses, but it also takes fish away from the American consumer who, through the covid-19 pandemic, proved that they are looking for more seafood and more domestic seafood,” said Bubba Cochrane, president of the Gulf of Mexico Reef Fish Shareholders’ Alliance, an industry trade group based in Galveston, Texas.

Read the full story at National Fisherman

NOAA Fisheries Seeks Public Comment on a Draft Environmental Impact Statement for Management of Red Grouper in the Gulf of Mexico: Comment Period Ends June 28, 2021

May 14, 2021 — The following was released by NOAA Fisheries:

Key Message:

NOAA Fisheries is seeking public comment on a draft environmental impact statement for Amendment 53 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico. The Environmental Protection Agency announced the availability of the draft environmental impact statement on May 14, 2021.

The purpose of this draft environmental impact statement is to assess the environmental impacts associated with a reasonable range of alternatives intended to modify the red grouper commercial and recreational sector allocations, overfishing limit, acceptable biological catch, annual catch limits, and annual catch targets of Gulf of Mexico red grouper.

Read the full release here