Saving Seafood

Feds seek dismissal of lawsuit over extended red snapper season

October 19, 2017 — WASHINGTON — U.S. officials accused of allowing red snapper to be overfished in the Gulf of Mexico have called on a federal judge to enter a summary judgement in their case, saying the environmental organizations suing them have a moot point.

The rule challenged by Ocean Conservancy and the Environmental Defense Fund to extend the recreational fishing season has already expired, said Jeffrey Wood, the acting assistant attorney general for the Environmental and Natural Resources Division of the U.S. Department of Justice. Wood also claims the federal court has no jurisdiction over the case.

“Even if the court were to find it has jurisdiction, the only appropriate course at this juncture is to remand to the agency for further action consistent with the Magnuson-Stevens Fishery Conservation and Management Act,” Wood argued in a 13 October filing.

The two organizations filed suit against Commerce Secretary Wilbur Ross, the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service in July, a month after officials added 39 more days to the recreational fishing season.

Read the full story at Seafood Source

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.

Commerce extended red snapper season knowing it would lead to overfishing, memos reveal

October 16, 2017 — WASHINGTON — Internal memos show top Trump administration officials knew extending the recreational fishing season in the Gulf of Mexico from three to 42 days this summer would lead to significant overfishing.

But they did it anyway.

In memos released in response to a lawsuit, Commerce Department officials defended the move by saying that keeping the three-day season would be “devastating” to the recreational marine industry and the communities whose economies are tied to it.

And extending the time would also help solve a long-running dispute with states who have much longer seasons and want to wrest control of red snapper management from federal managers, they argued.

“It would result in overfishing of the stock by six million pounds (40%), which will draw criticism from environmental groups and commercial fishermen,” Earl Comstock, director of Policy and Strategic Planning for Commerce, conceded in a June 1 memo to his boss, Secretary Wilbur Ross. “However NMFS (National Marine Fisheries Service) agrees that this stock could handle this level on a temporary basis.”

Read the full story at USA Today

Plot by Dept. of Commerce and Congressional Leaders to Gut Magnuson Revealed in Red Snapper Memos

October 12, 2017 — SEAFOOD NEWS — Internal memos between Earl Comstock, Director of the Office of Policy and Strategic Planning, and Secretary of Commerce Wilbur Ross show that both men intentionally violated the Magnuson-Stevens Act to allow sports fishermen in the Gulf of Mexico a summer of weekend openers for red snapper.

As a result of the decision, the quota for red snapper was exceeded by an estimated 50 percent. Prior to the decision, red snapper stocks in the Gulf were halfway through a successful rebuilding program. The damage done to the stocks will be assessed this year and likely would result in further cuts to all sectors — recreational, commercial, and charter — next year.

But the insistence to break the law had more nefarious motives than simply to give recreational fishermen more red snapper.

The memos, released as part of a lawsuit against the Department of Commerce by Ocean Conservancy and the Environmental Defense Fund, show that the disaster caused by the decision would “…put the ball squarely in the court of Congress,” wrote Comstock to Ross in a June 7, 2017 memo.

“Congress  would need to act to prevent reduced catch limits for all fishing sectors next year. This problem will not be able to be addressed through the fishery management system without a change of law,” Comstock said.

“The Congressional representatives know this, and are looking to DoC [Department of Commerce] for leadership. By resetting the debate and building a strong partnerhsip with the State fishery managers … we can provide the leadership Congress is asking of us,” Comstock wrote to Ross.

Ocean Conservancy called this “playing a game of chicken with Congress. They have manufactured a crisis in the fishery by allowing so much overfishing that now everyone could get hurt next year.”

The reauthorization of the Magnuson-Stevens Act is poised to happen in 2018. Already there are half a dozen bills aimed at making changes to MSA, which is the foundation for the nation’s sustainably managed fisheries resources. Comstock’s agenda, as outlined in the memos to Secretary Ross, implies that to respond to the overfishing that will occur on red snapper as a result of the decision, an MSA reauthorization favoring recreational interests would be more likely.

Red snapper was just coming up to its halfway mark of a 27-year rebuilding plan, having been reduced to just 3 percent of historic levels by decades of overfishing.

Stocks were showing a strong recovery under the plan until large overages from the recreational sector resulted in lowering catch levels by 20% in 2014.

Catch rates in the recreational sector are two to three times higher than they were a decade ago, when the rebuilding plan began.

The five states bordering the Gulf of Mexico were estimated to catch 81% of the available quota, before Commerce’s decision to extend their sports fisheries. The estimate of what was taken now is three times the sustainable limit.

It isn’t as though Comstock, who has worked on other recreational issues within the Council system before, including the North Pacific Fisheries Management Council in Alaska, doesn’t know any better.

In a May 2, 2017 testimony to the House Oversight & Government Report Subcommittee, Comstock explained that “NMFS, as required by the Magnuson-Stevens Act, must set an annual catch quota for the red snapper fishery that does not exceed the level specified by the Gulf Council’s scientific advisors, and must prohibit fishing when the quota is reached.”

His memos to his boss five weeks later encourage a complete reversal of that principle, with little regard for the law.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

Louisiana gets involved in federal red snapper lawsuit

October 2, 2017 — A federal court has ruled that the US state of Louisiana can intervene in a lawsuit on the federal government’s behalf as environmental groups seek the scrapping of a rule benefitting recreational red snapper fishers.

Two advocacy groups — New York City’s Environmental Defense Fund (EDF) and Washington D.C.’s Ocean Conservancy — had sued the federal government in August alleging that the way the National Oceanic Atmospheric Administration (NOAA) managed the red snapper fishery violated federal law.

The challenge, the fourth of its kind in recent years, argued that a NOAA temporary rule extending chronically short recreational red snapper seasons for recreational fishers  — from three days to 42 — violated the fishery’s management plan.

The suit wants the temporary rule set aside as the action could greatly diminish red snapper populations, the groups claim.

Read the full story at Undercurrent News

Federal Managers Continue to Address Snapper Grouper Management

Council Votes to Allow for Red Snapper Seasons in 2017 and 2018

October 2, 2017 — CHARLESTON, S.C. — The following was released by the South Atlantic Fishery Management Council:

The South Atlantic Fishery Management Council began their week-long September Meeting with a Full Council Session to discuss red snapper management in the South Atlantic. The Council voted to request a 2017 Red Snapper Emergency Action, which would allow for recreational and commercial harvest this year. The request was sent to NOAA Fisheries and then on to the Secretary of Commerce. A decision is expected in the coming weeks and will be announced by NOAA Fisheries. For more details about the 2017 Emergency Action request, please refer to the Council’s earlier news release from September 25 and see the Council’s Story Map:

https://www.arcgis.com/apps/MapJournal/index.html?appid=8928fd890b6841949238a2390ef0b27c.

In addition to the 2017 Emergency Action request for red snapper, the Council continued to move forward with changes to red snapper management for 2018 with the approval of Snapper Grouper Regulatory Amendment 43 for formal review by the Secretary of Commerce. The amendment follows the same actions outlined in the 2017 Emergency Action request, setting a total annual catch limit of 42,510 fish to be harvested in 2018. If approved, the amendment is expected to go into effect in the summer of 2018 with the recreational fishery opening the second Friday in July (July 13, 2018) and the commercial fishery opening the second Monday in July (July 9, 2018).

Vision Blueprint Recreational Amendment

The Council continued development of Vision Blueprint Recreational Regulatory Amendment 26, an amendment born from stakeholder guidance during the Council’s visioning process and workshops. After much discussion, the Council agreed on restructuring the approach to the amendment to reflect how the fishery currently operates, consider predictable seasons, and simplify regulations. Under this new approach, the recreational aggregates would be divided into three groups – deep-water species; shallow-water groupers; and other shallow-water species. Alternatives include options for modifications to bag limits, seasons for deep-water species and shallow-water groupers, and size limits for deep-water species and triggerfish that would help streamline the regulations for anglers, law enforcement, and managers. Council provided further guidance to staff and development of the amendment will continue at the December Council Meeting.

Atlantic Cobia Management

Discussion on the future of cobia management in the South Atlantic continued this week through the development of Coastal Migratory Pelagics (CMP) Amendment 31. The Atlantic States Marine Fisheries Commission (ASMFC) is currently holding public hearings to gather input from stakeholders about the Draft Fishery Management Plan for Atlantic Migratory Group Cobia (GA-NY), a plan that complements federal regulations already in effect in the South Atlantic. Since drafting this plan, ASMFC has requested that the Council consider removing Atlantic Migratory Group Cobia from the federal Fishery Management Plan and transferring total management jurisdiction to the ASMFC. Fishermen from all corners of the region have expressed concerns about the current recreational cobia closure in federal waters. To address public concerns, the Council began work on CMP Amendment 31, which proposes alternatives for a total transfer of jurisdiction or complementary management with ASMFC. The Council approved the alternatives in the document for further development and will continue to discuss the federal role in cobia management at the December meeting in Atlantic Beach, North Carolina.

Magnuson-Stevens Act Revision Discussion

The Council reviewed and approved modifications to the Council Coordinating Committee Working Paper that outlines the views of all 8 Councils on issues related to MSA Reauthorization. Impacts of various MSA-related senate and house bills were also reviewed. Topics include rebuilding timelines, annual catch limits, experimental fishing permits, recreational/commercial data needs, and many others. The Council expressed support for exploring ways to obtain more flexibility in managing recreational fisheries.

Election of New Chair and Vice Chair

During the full Council session on Thursday, Council members, staff, and audience members applauded Dr. Michelle Duval’s time as Chair of the South Atlantic Council. Dr. Duval, as noted by her peers, has proven to be a dedicated and driven leader. Council members and staff remain grateful that she will continue to offer her profound guidance and support as North Carolina’s state agency representative. Vice-Chair Charlie Phillips, the commercial representative from Georgia, was elected as the new Chair and South Carolina’s recreational representative, Mark Brown, will serve as the Vice-Chair. Chair Charlie Phillips expressed his gratitude and said, “I look forward to keeping the Council on track and to following up on the needs of stakeholders. Considering we have such great Council members and staff, there is no reason we cannot do that.” The Council is pleased to have these two career fishermen at the helm and looks forward to their leadership in the coming years.

The next meeting of the South Atlantic Fishery Management Council will be held December 4-8, 2017 in Atlantic Beach, North Carolina. Additional information about this week’s meeting, including an interactive story map, meeting report and summary reports from each committee are available from the Council’s website at: http://safmc.net/safmc-meetings/council-meetings/. 

Rep Young’s Magnuson Bill to Move Ahead with Input from Calif. Rep Huffman; Aim is No Poison Pills

September 28, 2017 — SEAFOOD NEWS — Alaska’s Representative Don Young closed Tuesday’s hearing on four fisheries bills, by remarking to the panel, “We are going to use the vehicle of [HR] 200. I’m going to work with Mr. Huffman and see if we can’t come to some conclusion.

“The basic skeleton of the Magnuson Act … we’re going to keep the skeleton whole. Get those comments and suggestions to us, because we’re going to try to get something moving by October or November this year,” Young said.

Rep. Jared Huffman (D-CA) introduced a discussion draft called “Strengthening Fishing Communities through Improving Science, Increasing Flexibility, and Modernizing Fisheries Management Act.” The discussion paper includes sections on Council transparency, flexibility in rebuilding fish stocks, Saltonstall-Kennedy Act reform, red snapper cooperative research and others.

Rep. Jared Huffman said after the hearing Tuesday that Democrats and Republicans have many agreements when it comes to fishery regulations and management.

However, he said previous attempts in recent years to amend and reauthorize the law have stalled because of “poison pill” riders that would exempt fisheries from conservation policies such as the Endangered Species Act and National Environmental Protection Act.

“Instead of making meaningful improvements to our most important fisheries statute, this process has focused on weakening fundamental environmental protections in place of making meaningful improvements to our important fisheries management framework,” Huffman (D-San Rafael) said in his opening statement at the committee hearing. “This partisan process does a disservice to hardworking fishermen across the country including those in my district.”

Members from both sides of the aisle were in agreement that the law — known as the Magnuson-Stevens Fishery Conservation and Management Act of 1976 — has worked to prevent overfishing and replenish overfished stocks as was intended upon its passage.

Two other bills were discussed and commented on at the hearing by invited witnesses. HR 3588  and HR 2023 are focused on modernizing recreational fisheries and managing red snapper in regional ways, respectively.

The hearing was before the Water, Power, and Industry Subcommittee of the larger House Committee on Natural Resources.

Witnesses included Chris Oliver, Director of NOAA Fisheries; Mayor Johnathan Mitchell of New Bedford; Mike Merrifield, Southeastern Fisheries Association; Susan Boggs, co-owner of a charter operation out of Alabama, and others.

Chairman Doug Lamborn opened the hearing saying “Many of you here today probably consider this to be a fishery hearing, but I assure you it is much more than that. …whether we are talking about a commercial, recreational, or charter boat operation, the working waterfront that provides shore side support, a boat manufacturer or your local mom and pop bait and tackle shop, today’s hearing is about supporting American small business. It’s my hope today that we will create a strong, bi-partisan MSA that supports jobs and our fishermen, and that supports the science data and process used in federal fisheries management.”

Jonathan Mitchell, Mayor of New Bedford, pushed back on the concept of “flexibility.”

“The term “flexibility” should not be understood as a euphemism for deregulation,” Mitchell said. “The councils are in the business of finely calibrating decisions in light of relevant environmental and economic data, and their own experience and expertise.

“In the discharge of their duties, they tend not to win friends either in the fishing industry or in the conservation community, and given the goals of Magnuson-Stevens, that’s probably the way it should be,” Mitchell said.

Susan Boggs, co-owner in a charter boating operation in Alabama, supported the current MSA.

“I am here today to tell you that MSA is working. This law was written to bring fisheries back from collapse, to ensure long-term sustainability for future generations, and to provide a conduit for stakeholders to be a part of the management process.

“There are several species of fish that are critical to the charter/for-hire sector in the Gulf of Mexico, but perhaps none more than red snapper. Since 2007, when annual catch limits became a requirement, the recreational sector’s quota for red snapper has tripled. MSA has worked for us.

“A suggestion that I would offer to this committee that would have a meaningful impact on the management of this fishery would be a Federal Red Snapper angler license,” she said.

“No one can tell you how many anglers target Red Snapper in the Gulf of Mexico. This license does not have to be cost prohibitive. Even a $10 fee would provide better data on the number of anglers targeting this species and could generate millions of dollars that could be used for cost recovery, stock assessments and better landings data which should include more real-time reporting using current technology from private anglers.”

Chris Oliver listed challenges to NOAA, nationwide and how MSA can tackle them.  “We face formidable challenges managing recovering stocks to benefit both commercial and recreational user groups with fundamentally different goals and objectives, and who are experiencing increased fish interactions due to the strong management measures that have improved historically overfished populations.

“Together with our partners, it is essential that we continue to explore innovative, science-based management approaches and regional management tools. We must remain dedicated to exploring ways to maximize economic opportunities from wild-caught fisheries for commercial and recreational fishermen, processors, and communities. We are committed to working with Congress on the bills put forth by this subcommittee, to ensure that annual catch limits, accountability measures, stock rebuilding, and other aspects of our management construct are working, while protecting the overall, long-term conservation and sustainability of the nation’s fishery resources.”

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

NCFC Members Bring Concerns of Commercial Fishermen to House Hearing on Fisheries Bills

WASHINGTON (Saving Seafood) – September 26, 2017 – Members of Saving Seafood’s National Coalition for Fishing Communities testified this morning at a hearing of the House Natural Resources Subcommittee on Water, Power and Oceans on four bills that would modify federal fisheries management.

Jon Mitchell, mayor of the nation’s top-grossing fishing port New Bedford, Massachusetts and head of the New Bedford Harbor Development Commission, and Mike Merrifield, Fish Section Chairman of the Southeastern Fisheries Association (SFA) testified on the needs of commercial fishermen and reforms they would like to see to the Magnuson-Stevens Act.

Mayor Mitchell and Mr. Merrifield were joined by several other witnesses, including Assistant Administrator for NOAA Fisheries Chris Oliver, who testified on the reauthorization of the Magnuson-Stevens Act and the possibility of allowing additional flexibility in stock rebuilding. Earlier this year, commercial fishermen from around the country united to support Mr. Oliver’s appointment to NOAA.

At this morning’s hearing, the subcommittee considered two bills to amend and reauthorize the Magnuson-Stevens Act, as well as bills that would alter recreational fisheries and red snapper management.

While Mayor Mitchell called the Magnuson-Stevens Act “generally speaking…a success story” that has helped make America’s fisheries “at once among the world’s largest and most sustainable,” he called for more flexibility in fisheries management to allow fishermen to catch their full scientifically justified quota. In particular, he criticized the ten-year rebuilding requirement for overfished stocks.

“The ten-year rule is arbitrary, and its establishment was at odds with the underlying premise of regional management,” Mayor Mitchell said. “Regional councils should have the flexibility to set rebuilding timelines for stocks under their jurisdiction based on the unique biological and ecological conditions, and by giving appropriate weight to the economic wellbeing of fishing communities.”

The mayor was also critical of the Antiquities Act, by which presidents can designate large national monuments with little or no input from scientists and local stakeholders. The Act was recently used to create and enlarge several marine monuments, including the Northeast Canyons and Seamounts Marine National Monument in New England and the Papahānaumokuākea Marine National Monument in Hawaii.

“The continued use of a parallel process outside the Magnuson-Stevens Act, however well-meaning, ultimately works against the long-term interests of all stakeholders,” Mayor Mitchell said. “We all lose when the checks and balances employed in the council process are abandoned.  A decision-making process driven by the simple assertion of executive branch authority ultimately leaves ocean management decisions permanently vulnerable to short-term political considerations.”

Mr. Merrifield voiced skepticism of efforts to shift federally managed species over to state management, saying that states manage many fisheries in such a way that recreational fishermen get most or, in some cases, all of the fish.

“SFA firmly believes there should be no reward for exceeding [annual catch limits] and that all stakeholders – commercial, for-hire and private anglers – should each be held accountable for their impacts on our nation’s fish resources,” Mr. Merrifield testified. “We must resist changes to the law that could be interpreted to remove this accountability.”

Mr. Merrifield also testified about the SFA’s strong opposition to the RED SNAPPER Act, introduced by Rep. Garret Graves of Louisiana, which would give states more authority over red snapper management.

“The justification [for this legislation] is built entirely on the misconception that anglers can only fish for red snapper for 3 days (now 39 days) in federal waters in the Gulf of Mexico,” Mr. Merrifield said. “This is a false narrative. Anglers can fish 365-days per year for red snapper and all of the other 38 species in the Gulf reef fish complex. They can only kill red snapper on 3 (or 39) of those days. To be clear, there is unlimited fishing opportunity for recreational anglers in the federal waters of the Gulf which calls into question the actual need for, and defense of, this legislation.”

Read Mayor Mitchell’s full testimony here

Read Mr. Merrifield’s full testimony here

Members Review Proposals to Modernize Federal Fisheries Management

September 26, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

Today, the Subcommittee on Water, Power and Oceans held a legislative hearing on a series of bills aimed at improving federal fisheries management for commercial and recreational fisherman.

“Many of you here today probably consider this to be a fishery hearing, but I assure you it is much more than that. Whether we are talking about a commercial, recreational, or charter boat operation, the working waterfront that provides shore-side support, a boat manufacturer, or your local mom and pop bait and tackle shop, today’s hearing is about supporting American small businesses,” Subcommittee Chairman Doug Lamborn (R-CO) said. 

H.R. 200, introduced by Chairman Emeritus Don Young (R-AK), reauthorizes the Magnuson-Stevens Fishery Conservation and Management Act. Since the last reauthorization, fishermen’s access has been eroded by federal agencies that ignore public input and rely upon outdated science in management decisions. Existing implementation of the law has resulted in negative impacts to local economies and a greater regulatory burden on recreational and commercial fishermen.

“My bill works to strengthen the Magnuson-Stevens Act by giving our nation’s regional fisheries councils the added flexibility they need,” Young said. “As a father of the original 1976 legislation, my goal is to reauthorize the MSA with a focus on maintaining the species; ensuring they’re healthy, can retain themselves and can continue to support coastal communities that rely on these fisheries.”

The Committee also discussed two bills from Rep. Garret Graves (R-LA), H.R. 2023, the “Modernizing Recreational Fisheries Management Act of 2017,” and H.R. 3588, the “RED SNAPPER Act,” which looked more closely at systemic issues facing recreational fishers and more specifically red snapper management.

“It is my hope that we can use these bills in front of us today to produce a strong, bipartisan Magnuson-Stevens reauthorization that supports jobs and our fishermen by strengthening the science, data, and process used in federal fisheries management,” Lamborn added.

Chris Oliver, Assistant Administrator for the National Oceanic and Atmospheric Administration (NOAA), conveyed the administration’s support for the added flexibility for innovative, regional management plans.

“NOAA Fisheries stands ready to work with the Congress to craft a reauthorization bill that addresses current fishery management challenges and ensures the Nation’s fisheries are able to meet the needs of both current and future generations,” Oliver stated.

Click here for full witness testimony.

South Atlantic Council Requests Allowing Harvest of Red Snapper in 2017 and 2018

September 26, 2017 — CHARLESTON, S.C. — The following was released by the South Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council voted today to approve a request to NOAA Fisheries that would allow fishermen access to red snapper in federal waters in the South Atlantic beginning in mid-to late October this year. If approved by NOAA Fisheries, it will be the first time since 2014 that the red snapper fishery has been open in federal waters off the coasts of the Carolinas, Georgia, and the east coast of Florida. The Council is requesting that NOAA Fisheries allow an interim annual catch limit (recreational and commercial) of 42,510 fish for 2017 via an emergency rule. The annual catch limit would allow for a recreational mini-season likely beginning the end of October, with approximately 6 to 12 days of fishing over a period of 3-day weekends. The recreational bag limit would be 1 fish per person/day with no minimum size limit. Commercial harvest would be allowed with a 75-pound trip limit. The recreational sector is allocated 71.93% of the total catch limit. If the Council’s request is approved, the number of days and specific dates of the recreational mini-season will be determined by NOAA Fisheries. A decision is expected in the coming weeks and will be announced by NOAA Fisheries.

In addition to the emergency rule request to allow an opening this year, the Council also approved measures in Amendment 43 to the Snapper Grouper Fishery Management Plan with the intent to have a red snapper season in 2018. The amendment would revise the process to calculate the annual catch limit for red snapper, allowing mini-seasons for red snapper beginning in July. If allowed, the recreational fishery would open the second Friday in July (July 13, 2018) and the commercial fishery the second Monday in July (July 9, 2018). The annual opening dates for the fishery were established through an earlier amendment.

Under the Council’s approved preferred alternative, the 2018 annual catch limit would also be 42,510 fish. Because fishing pressure would be greater during the summer months in most areas, it is estimated that the recreational mini-season would last between 4 to 7 weekend days with a 1 fish per person/day bag limit and no minimum size limit. The commercial trip limit would remain at 75 pounds. The number of recreational fishing days would be determined by NOAA Fisheries and announced prior to the July opening. The Secretary of Commerce must approve Amendment 43 before it is implemented.

There was much discussion on various management alternatives as Council members reviewed public input. Public hearings on Amendment 43 were held in August and over 230 written public comments were recently received on both the emergency rule request and Amendment 43. Public comment was also taken during today’s meeting. “We’ve consistently heard from our constituents about the increasing number of red snapper encountered and concerns that harvest has been prohibited for the past four years,” said Council Chair, Dr. Michelle Duval. “The majority of comments support allowing a limited harvest of red snapper.”

The Council’s decision to move forward with options to establish an interim annual catch limit and allow limited harvest of red snapper was based in part on the public testimony and support. The Council’s Scientific and Statistical Committee had recommended acceptable biological catch levels for red snapper following a 2017 stock assessment using both landings and estimated discards. Annual catch limits are based on those recommended catch levels. However, NOAA Fisheries later stated that using recreational discard estimates is likely ineffective for monitoring red snapper removals due to uncertainty in the estimates of discards. This inhibits the ability to set an acceptable biological catch that can be effectively monitored. In addition, the Council considered increases in the numbers of red snapper observed through a long-term scientific survey using fish traps.

Council members also noted the positive social and economic benefits of allowing mini-seasons beginning this year, especially on the heels of recent damage to fishing communities by Hurricane Irma.

State agency personnel will work diligently to collect information from fishermen if harvest is allowed. Personnel will be stationed at boat ramps, marinas, and other locations to gather data, similar to data collected during the 2012-2014 mini-seasons. “The Florida Fish and Wildlife Conservation Commission, Fish and Wildlife Research Institute will be conducting surveys of private recreational anglers and charter-for-hire crew,” explained Jessica McCawley, Council representative for FWC. “Additionally, biologists will be collecting tissue samples (ear bones and gonad samples) to evaluate the sizes, ages, and reproductive condition of the fish being harvested.” Council members noted that additional data collected during the mini-seasons would be useful in future management decisions.

Private recreational fishermen will also have an opportunity to report their catch information as part of a voluntary pilot project using the mobile iAngler tournament app. The free mobile app will allow fishermen to report their landings of red snapper, the number of fish released, depths fished, and other valuable information. Additional details will be publicized from the Council office as they become available.

“It is important for fishermen to remember that this is their red snapper resource,” explained Dr. Duval. “It is imperative that fishermen do everything possible to minimize the number of red snapper released during the season openings and use best fishing practices to improve the survival of released fish. Anglers are encouraged to move away from area populations after catching their bag limit and to use descending devices to reduce the impacts of barotrauma, especially when fishing in depths over 100 feet.” Dr. Duval also noted the rate of harvest in 2017 will determine the length of the 2018 red snapper season. “We must be cautionary in balancing access to the fishery without negatively impacting the sacrifices made thus far as this important stock continues to rebuild.”

The Council will continue its meeting this week through Friday. Additional meeting information is available at: http://safmc.net/2017-september-council-meeting/.