HOUSTON, TX - The Coastal Conservation Association has filed a lawsuit in federal district court in Fort Myers, Florida, challenging the authority of the U.S. Secretary of Commerce to close the entire grouper fishery in the Gulf of Mexico.

"NMFS' action to close the entire grouper fishery is illegal and unnecessary to conserve and maintain red grouper in the Gulf," said David Howton, chairman of CCA Florida.

Estimated recreational catch of red grouper jumped from 1.536 million pounds in 2003 to 3.53 million pounds in 2004, an unprecedented increase that is even more suspect considering that four major hurricanes hit Florida in 2004, greatly reducing the amount of time anglers spent on the water. Early recreational catch numbers for the first four months of 2005 are back in line with 2003 levels.

However, in response to the 2004 survey numbers for red grouper, NMFS implemented interim measures last month reducing the red grouper bag limit to one fish, reducing the aggregate bag limit for 12 other species of grouper from five to three, and placing a total closure on the recreational harvest of all grouper species for the months of November and December.

The Florida Fish and Wildlife Conservation Commission (FWC) disagreed with NMFS' conclusion and has implemented no changes to state rules governing the management of red grouper. CCA agrees with the FWC that the rules are unnecessary and brought this action because the measures exceed the authority of the Secretary under the Magnuson Act.

CCA has asked the court to expedite its analysis in order to ensure that a federal district court will have the opportunity to determine the legality of the Secretary's action before the closure goes into affect.

"In order to obtain justice and ensure NMFS complies with the legal mandates that Congress gave it, the court must review the action before the first of November," said Ted Forsgren, executive director of CCA Florida.

"We will continue to work with NMFS and the Gulf of Mexico Fishery Management Council, as well as the State of Florida, to promote the conservation of all groupers in the Gulf of Mexico," said Howton. "At the same time, we want to make sure that the decisions made with regard to that effort work within the fishery management system as it was intended. The interim measures put in place by the Secretary eliminate the public's ability to be heard in response to measures like this."