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A. RECOMMENDATION
The "interim" rule adopted by the National Marine Fisheries Service (NMFS), which prohibits the recreational take of all grouper species in the entire Gulf in November and December, has infuriated and alienated more recreational anglers than any previous federal action that we have seen in our twenty years of involvement in fisheries conservation.
The National Marine Fisheries Service:
- Used unusual and suspect 2004 data;
- Ignored the pleas and recommendations of hundreds of anglers, guides, charter boat captains and other recreational interests;
- Disregarded a joint letter from nine members of Florida's Congressional delegation and individual letters from both of Florida's U.S. Senators; and,
- Rejected the specific recommendations from the Florida Fish and Wildlife Conservation Commission.
On August 17, CCA filed a lawsuit in federal court in Ft. Myers against the
federal grouper rule challenging the authority of NMFS to use the "interim" rule procedure to prohibit recreational fishing for all grouper species in the Gulf for two months. CCA urged, and the court approved, an expedited process for the suit.
In complete contrast to the federal actions, the Florida Fish and Wildlife Conservation Commission (FWC) has adopted and recommended "an appropriate and measured response to the situation." The FWC's common sense conservation measures protect the resource without inflicting major economic damage on recreational fisheries.
We urge the Commission to maintain their strong and responsible position and to continue opposing the excessive, unfair and unwarranted measures of the NMFS and the Gulf of Mexico Fisheries Management Council.
B. ADDITIONAL COMMENTS
1. On June 16, the FWC heard extensive testimony from the NMFS Regional Administrator and numerous members of the public on the proposed federal grouper plan. The FWC Commissioners and FWC staff opposed the federal proposal. The Commissioners unanimously opposed all closed months and instead recommended reducing the red grouper bag limit from two to one fish. The FWC also indicated that it would immediately move to implement the restriction in state waters in the Gulf if NMFS adopted their recommendation. (see attached FWC 6/24/05 letter)
2. Commercial longlines have been the longstanding and major problem in the red grouper fishery. Commercial fishers take more than 80 percent of the total red grouper take and longliners take 60-70 percent of the commercial take. (see attached Table 6.3)
3. In 2001, the Florida Fish and Wildlife Conservation Commission voted unanimously to prohibit commercial grouper longlining out to 50 fathoms; however, NMFS did not take action on the recommendation.
4. The NMFS "interim" rule, which closes all recreational fishing for all groupers in the Gulf for two months, is completely unwarranted and punitive toward recreational anglers. In addition to prohibiting all recreational take of Gulf grouper for two months, the interim rule lowers the current aggregate bag limit of five to three and allows only one to be a red grouper. These draconian recreational measures are being imposed at the same time NMFS has allowed commercial longline boats to take red grouper with 10,000 pound, 7,500 pound and 5,000 pound trip limits!
5. The federal proposals against recreational anglers are caused by a bizarre and unprecedented increase in the "estimated" recreational catch of red grouper in 2004. The accuracy of estimated recreational landings is questioned. NMFS claims that estimated recreational landings of Gulf red grouper increased from 1.536 million lbs. in 2003 to 3.530 million lbs. in 2004, a whopping 130 percent increase! Such an increase is unprecedented in the history of red grouper landings since regulations began 14 years ago. Nothing remotely close to such an increase has ever occurred since 1990. There have been dramatic reductions caused by new regulations but never such an increase. The estimates become even more suspect when you consider that Florida anglers and fishing activity was impacted by a record four major hurricanes in 2004. (see attached Table 1)
6. The accuracy of the 2004 data becomes even more questionable as the new 2005 landings data becomes available. For the first six months of 2005, the recreational red grouper estimated landings are down substantially from the same months in 2004. The landings are more in line with 2003.
7. Past federal actions towards Gulf recreational fishermen in gag grouper management have been horribly inequitable. A CCA Florida analysis of Gulf grouper landings before and after federal regulations clearly indicated that the cumulative impact of 11 years of Gulf Council gag grouper regulations caused the annual recreational landings, after federal regulations, to be reduced by an average of 42 percent. Commercial landings were not reduced at all. In fact, after federal regulations were enacted, average annual commercial landings of gag grouper actually increased.
8. There is no reason to create major financial damage from monthly closures when an increase in the minimum size of red grouper would solve any resource problems which may exist. NMFS data indicates that an increase from 20" to 22" would reduce recreational landings of red grouper by 31 percent. The Gulf gag grouper limit is already at a 22" minimum size. (see attached Table 4)
9. NMFS argues against the minimum size increase because it would increase regulatory discards and mortality caused by release mortality. However, it is hard to believe that NMFS would allow commercial shrimp trawlers to continue shoveling millions upon millions of pounds of fish back dead into the water and suddenly become concerned about a minor increase in release mortality in the recreational fishery. A minimum size increase can be selected which will meet the resource protection goal. Why would NMFS reject that option and choose one which will inflicts major financial damage on the recreational fishery?
10. NMFS has even suggested that all minimum sizes on Gulf grouper should be eliminated, a position that commercial longliners have advocated for years. However, minimum sizes have been the only management measure which has protected gulf grouper for the last 14 years. In addition, such action would lead to major increases in recreational catch of small grouper in nearshore waters and the closure of even more months of recreational fishing.
11. CCA Florida is supporting the FWC recommendation to lower the bag limit; however, we still believe that an increase in the size limit is a viable option which should be considered.
12. The Gulf red and gag grouper fisheries exist almost exclusively off of the
State of Florida. The Gulf Council should adopt the FWC recommendations because the FWC has indicated that it will immediately adopt concurring regulations in state waters. Such action will have a tremendous positive impact for enforcement and education purposes.
C. FINAL COMMENT
The draconian measures are being forced upon recreational fishers in order to fit a plan which favors and sustains the commercial longline fleet. NMFS and the Gulf Council want to limit recreational take to 1.25 million pounds. In 2004 just 25 longliners caught 1.35 million pounds of red grouper. (see FWC info attachment)
THE FEDERAL MANAGEMENT SCHEME GIVES MORE RED GROUPER TO 25 LONGLINE BOATS THAN THE AMOUNT ALLOCATED TO MILLIONS OF RECREATIONAL ANGLERS!
ATTACHMENTS
* Table 1 - Commercial and Recreational Red Grouper Landing (NMFS)
* Table 6.3 - Commercial and Recreational Harvest and Red and Gag Grouper (NMFS)
* Table 4 - Proportional Increases or Decreases with Changes in Minimum Size (NMFS)
* FWC - Distribution of Reported Florida Annual Landings of Red Grouper for 2004 by Longline Gear
* FWC - June 24 letter to Roy Crabtree / NMFS (Contact Tallahassee office for a copy)
Link to Attachments
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