by Ed Lallo/Gulf Seafood News Editor
Charter boat and recreational fishermen in the Gulf of Mexico will be facing a short season for red snapper this year, having just 11 days to hook the prized fish in federal waters.
The Gulf Red Snapper issue has been placed over an open fire. Charter boat and recreational fishermen in the Gulf of Mexico will be facing a short season for red snapper, having just 11 days to hook the prized fish in federal waters. Photo: Ed Lallo/Newsroom Ink
Working to comply with standards set by the Magnuson-Stevens Act after a federal court judge in Washington D.C. ruled their years of management of the recreational fishery illegal, the Gulf of Mexico Fishery Management Council, a group of state and federal fishery managers overseeing Gulf offshore fisheries, voted in favor of an 11-day recreational season with a two-fish per day, per angler limit.
The vote came two weeks after the ruling came down that federal regulators had been mismanaging the recreational red snapper catch for years.
“Nobody wants 11 days and shortened seasons will not solve the problem the fishery is facing,” said Billy Archer, a charter captain from Panama City, Florida whose business will be affected by the ruling. “The good news is that better solutions for recreational fishermen exist and we urge the full Council to adopt comprehensive management measures instead of the same old failed approaches.”
According to Archer, the Council has been presented with several alternative management programs that could improve fishing opportunities for recreational fishermen while improving accountability, but have yet to move any of them forward for serious consideration. “The Council cannot continue to ignore the demands for new management options,” he said.
Listening to a webinar of the proceedings, Gulf Seafood Institute board member David Krebs, a plaintiff in the lawsuit, urged the Council to exercise caution
“I listened via webinar and thought GSI board members on the Council did an awesome job of trying to keep facts straight,” said Krebs, president of Ariel Seafoods in Destin, Florida. “Unfortunately, the mainstream press is running with the 11 day federal season, failing to mention the 1.6 million plus pounds that are being deducted from overall recreational quota due to states going non compliant.”
Disappointment and Frustration
“This is one of the roughest ever Council meetings,” said Harlon Pearce, a Council member representing Louisiana and GSI’s chair. “It is very disappointing that the management of the Gulf Red Snapper industry has digressed to lawsuits pitting fisherman against fisherman. It is time for the Council to take the needed steps to end the frustration of the charter industry and recreational fisherman. Everyone must become accountable.”
The Council and the National Oceanic and Atmospheric Administration (NOAA) Fisheries set the recreational seasons according to estimates of how long it will take anglers to catch their limit.
Commercial boats, which are currently allocated 51 percent of the annual quota, are regulated differently. Since 2007, each boat has been given a quota and must stop fishing for red snapper when it hits that limit.
Dr. Roy Crabtree explained the 15 percent probability was a “defensible” number, considering that the 20 percent buffer already a part of the fishery management plan used to determine season length. Photo: NOAA
The commercial fisherman have always have stayed within their quota but recreational fishermen have exceeded their share in six of the past seven years, wrote U.S. District Judge Barbara J. Rothstein rendering her verdict.
According to Dr.Roy Crabtree, National Marine Fisheries Service (NMFS) southeast regional Administrator, the revised 2014 season lengths included several waves of the new Marine Recreational Information Program data.
The 11-day season is based on a recreational sector quota of 5.39 million pounds of the total combined quota of 11 million pounds. It includes a 20-percent buffer reducing the sector’s allowable catch limit to 4.312 million pounds.
The NMFS estimates even at the reduced annual catch limits there is still a 15 percent chance that the recreational sector would exceed its 2014 quota allocation.
Crabtree, whose comments to the Council were an integral in the judge’s ruling, went on to explain the 15 percent probability was a “defensible” number, considering that the 20 percent buffer already a part of the fishery management plan used to determine season length. He pointed out the emergency rule only satisfies the court’s ruling for this year and the council would have to undertake the task of implementing additional long-term accountability measures for the sector.
Bad Alternatives All The Way Around
Last year the recreational sector exceeded its 2013 quota by 60 percent. According to Mississippi Gulf Council representative Corky Perret, due to past overages by the recreational sector that have not been addressed by federal authorities, coupled with the recent judicial ruling that demanding the sector be held within their allocation, the Gulf Council was faced with few options – none of which were desirable.
“Options presented ranged from no season at all in the exclusive economic zone to a 17-day season,” explained Perret, a Gulf Seafood Institute board member. “The majority of the Council members supported the 11-day season since there was only a 15% chance that the recreational sector would exceed their quota during this period. However, some states have been non-compliant with federal regulations for some time and have indicated their intent to continue this noncompliance. As a result of this decision to not comply, the NMFS may be faced with shortening this already extremely short season, as a result of additional harvest by the recreational sector in state waters for these non-compliant states.”
Other alternatives considered by the Gulf Council to satisfy the new judicial requirements included:
- No buffer, resulting in a 17-day season, but included a 50-percent probability the recreational sector would exceed quota.
- A 30-percent buffer, resulting in a recreational quota of 3.773 million pounds, an 8-day season and a 5 percent probability the recreational sector would exceed quota.
- A 40 percent buffer, resulting in an allowable catch set at 3.234 million pounds, a 5-day season and a less than 1 percent probability the recreational sector would exceed quota.
- A 60 percent buffer, resulting in a closed federal season because the resulting 1.889 million pound recreational quota would be landed in state waters such as Louisiana, Florida and Texas that schedule seasons inconsistent with federal seasons.
The Gulf Council must implement an adequate management plan for the 2014 season by May 15, 2014 in order to comply with the federal court’s ruling, and has until next year to implement permanent changes to the management program for the recreational red snapper fishery.
“Unfortunately, the mainstream press is running with the 11 day federal season, failing to mention the 1.6 million plus pounds that are being deducted from overall recreational quota due to states going non compliant,” said GSI’s David Krebs, a plaintiff on the federal lawsuit. Photo: GSI
“It was disappointing to see the council decide future recreational anglers should receive a greater share of the harvest,” said Patrick Riley, a Council member from Texas and a member of GSI’s board. “The vote to keep the current 51/49 split failed with an 8-8 tie. With the new allotment recreational anglers receive three-quarters of the additional share. If that applied this year, recreational fishermen would get more than 53 percent of the 11 million-pound total.”
In an effort to rectify the shortened seasoned that will financially impact the charter industry, Crabtree proposed a motion for staff to begin working on a scoping document to develop a red snapper individual fishing quota (IFQ) type program for for-hire vessels in the Gulf of Mexico. The IFQ would allow charter captains to use their quota year-round at their discretion. The council passed the motion 11 in favor to five against with one abstention.
“This opportunity will allow us to show the nation how a group of local federally permitted charter boats stuck together to come up with a plan that could potentially change the course of history in the Gulf of Mexico fishery.” said Alabama charter fisherman Tom Steiber. “However, our immediate concern is how we can help out friends in the other states.”
Grandstanding on Both Sides
Shortly before the vote, the National Restaurant Association (NRA) announced it was joining Share the Gulf, a coalition of chefs, restaurateurs, restaurant associations, seafood suppliers, fishermen, consumers and conservationists working to protect their access to fish in the Gulf States
The initiative, launched in 2013 by a coalition that includes the Environmental Defense Fund, supports sustainability practices in the foodservice industry and aims to ensure the region’s restaurants and grocery businesses maintain an equitable share of the Gulf States’ red snapper catch.
Scott DeFife, NRA’s executive vice president of policy and government affairs, said the Association is supporting Share the Gulf so the region’s restaurants and other food businesses retain access to the fish and do not experience business downturns because access is denied. Photo: NRA
Scott DeFife, the NRA’s executive vice president of policy and government affairs, said the Association is supporting Share the Gulf so the region’s restaurants and other food businesses retain access to the fish and do not experience business downturns because that access is denied.
“The fresh, local seafood of the Gulf States is essential to the growth of this area’s economy and its varied foodservice businesses,” DeFife said. “We are committed to helping ensure that this seafood is not only fished sustainably so its population continues to grow, but that the voices of small businesses here, their employees and customers, also are heard.”
In addition to the NRA, the Louisiana Restaurant Association, Florida Restaurant and Lodging Association, Texas Restaurant Association, Mississippi Restaurant and Hospitality Association and the Alabama Restaurant & Hospitality Alliance are members.
A few fishermen have expressed concerns about Share the Gulf.
“These restaurant associations joined the EDF and commercial and charter groups funded by them to further restrict family level fishing for Red Snapper, and forcing them to patronize their restaurants, fish houses and charter boats, if they want Red Snapper for dinner,” said Henry Hautch, a captain at Acme Fishing Ventures in Mims on the Atlantic side of Florida, on Facebook.
Although not a Gulf fisherman, Hautch is a vocal opponent on social media of EDF, Share the Gulf, commercial fishermen and any attempt to place any accountability regulations on recreational fishermen. “Roy Crabtree is seemingly complicit with this underhanded agenda in suggesting the charter privatization scheme in connection to the sham of an ‘Emergency Rule’ following this greed motivated Federal Suit,” he added.
Down the street from the Gulf Council meeting in Baton Rouge, Louisiana Department of Wildlife and Fisheries Secretary Robert Barham announced afterwards that licensed anglers could harvest two red snapper per person daily in state waters. Stock Photo: Ed Lallo/Newsroom Ink
Down the street from the Gulf Council meeting in Baton Rouge, Louisiana Department of Wildlife and Fisheries Secretary Robert Barham announced afterwards that licensed anglers could harvest two red snapper per person at a 16-inch-minimum length daily in state waters until notified otherwise. The season had been open only on Fridays, Saturdays and Sundays.
According federal law, state waters extend only three miles, however Louisiana claims waters out to three marine leagues, or 10.357 miles. State fisheries agents usually patrol federal waters, but agents have not been issuing citations for anglers harvesting red snapper within the 10 miles claimed by the state. The federal government has directed the U.S. Coast Guard to intercept anglers fishing in the disputed waters.
“The Gulf Council’s action is clear evidence that their process is broken and they give no consideration to the needs of individual states,” Barham said. “For two years, I have been trying to persuade the Gulf Council to move forward with regional management, allowing the states flexibility in management by empowering our anglers and fishing industry to decide how they want red snapper managed. That hasn’t happened.”
Krebs, and GSI, believes with Louisiana opening state waters 365 days will result in another look at the available quota to federal charter for hire vessels, impacting the 11 days. In addition, if Florida’ commission follows Louisiana the season will change again.
States going noncompliant result in the deduction of those fish harvested in their water from the overall recreational quota. The results are less fish available for the federal season. Private anglers can fish in both federal waters and state waters, while federally permitted vessels can only fish in federal waters.
“They are trying to blame the commercial lawsuit, but that only requires them to stay within their quota. The states rogue attitude is penalizing the industry that they claim to care about, the charter for hire fisherman,” Krebs said.
Actually your wrong about be NOT being a Gulf Fisherman. I do fish in the GOM privately, making me a very concerned stakeholder. Your suggesting I don’t fish there seems to be to suggest I have no voice or stake in the game, but that’s plan wrong. I am much more involved that just in social media. Actually just got back from a 3 day federal fisheries science workshop.
Oh yeah another lie about me in your article…..You stated that I don’t want any ‘accountably’. You know full well that IF you actually read my comments, you are wrong. Recreational fishermen like me that fish in the GOM, and SA, have no problem being ‘Accountable’. Many have suggested great plans to do so such as the various permit plans and even the use of Fish Tags to gain accurate effort numbers. Your call however is for IFQ’s which are designed primarily for effort control not ‘Accountability’. Accountability can exist without effort control on the rec side through proper management. The sad truth is your group and it allies wants to make recreational anglers fish under commercial rules. Many as you know want recreational fishermen to lease quota from the commercial sector. Perhaps your article needs corrected to actually present my views, which are much different than you presented.