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CCA Florida Wins Major Victory in Federal Gulf Grouper Lawsuit (Seawatch, December 2005)
by Rick Farren, CCA Florida Communications Director
The lawsuit was filed because NMFS fisheries managers exceeded their authority in closing all grouper fishing in the Gulf of Mexico to protect red grouper.
In a huge win for the state of Florida and for saltwater anglers, United States District Court Judge John E. Steele ruled on October 31, that the National Marine Fisheries Service (NMFS), in passing an interim rule closing all grouper fishing in the Gulf of Mexico for November and December, acted "arbitrarily, capriciously, [and] in an abuse of discretion...in promulgating the Interim Rule to Reduce the Recreational Harvest of Gulf of Mexico Red Grouper..."
"This is an important victory for the process of grouper management in the Gulf," said David Howton, CCA Florida Chairman. "The total closure of all grouper fishing, including species that are not overfished, was completely unnecessary, and would have delivered a severe economic blow to the recreational fishing industry."
The ruling invalidates most of the interim rule imposed by NMFS including portions that would have closed all recreational grouper fishing in the Gulf of Mexico for two months beginning November 1, and would have reduced the aggregate bag limit for all grouper species beginning in January from five to three fish per person, only one of which could be a red grouper. [See Seawatch, October 2005.]
Under the court’s ruling, recreational fishing for red grouper only will be closed for November and December, but the interim rule closure that applied to all other 16 species of Gulf grouper was rejected. In addition, the aggregate limit for grouper will remain at five fish per person. The red grouper bag limit, beginning January, will be reduced to one fish per person within the 5-fish bag limit in federal waters.
"We felt all along that NMFS acted in violation of federal law in banning recreational fishing for grouper species that were not overfished," said Ted Forsgren, CCA Florida Executive Director. "We’ve always supported measures to conserve fish species, but in this case NMFS abused their authority."
CCA Florida filed the lawsuit in August after NMFS moved ahead with the interim rule despite overwhelming opposition by hundreds of recreational fishermen, as well as both of Florida’s U.S. Senators and nine members of the Florida U.S. Congressional delegation. The Fishing Rights Alliance also took part in the lawsuit.
In addition, the Florida Fish and Wildlife Conservation Commission (FWC) looked at the harvest data for red grouper and voted unanimously to oppose the NMFS plan. The FWC, which has a long and successful track record of managing fisheries, instead recommended only a reduction in the bag limit for red grouper from two to one until the 2005 harvest figures could be analyzed. When NMFS rejected the FWC’s proposal, the FWC commissioners voted to not adopt the federal interim rule in state waters.
NMFS's plan to close the entire grouper fishery to protect stocks of red grouper was based on a bizarre and unprecedented increase in the "estimated" recreational catch of red grouper during the 2004 season. The validity of the 2004 figures has been questioned because of NMFS’s claim that landings increased by a whopping 130 percent. Such an increase is unprecedented in the history of red grouper landings since regulations began 14 years ago. There have been dramatic reductions caused by new regulations, but never such an increase. The estimates are even more suspect considering that Florida anglers and fishing activity was impacted by a record four hurricanes that hit the state in 2004.
"Recreational landings for the first part of this year have fallen dramatically and are more in line with the catches of 2001 through 2003," said Forsgren. "That information showed that NMFS overacted and should have instead supported the Florida Fish and Wildlife Conservation Commission’s recommendation."
Portions of the interim rule that apply to red grouper only will remain in affect until January 31, 2006, at which time it can be extended another 90 days. In the meantime, the Gulf of Mexico Fishery Management Council is developing new Gulf grouper regulations for 2006. [Please see the related article below on 2006 Gulf grouper regulations.]
For a copy of the judge’s ruling.
For more information on red grouper management in the Gulf go to Grouper Advocacy Issues.
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What Members and Supporters are Saying About CCA’s Victory in the Red Grouper Lawsuit: (Seawatch, December 2005)
Edwin Roberts, CCA Board Member, Pensacola
The lawsuit victory was a life saving and a job saving event for the for-hire sector. The NMFS interim rule would have shut down all the recreational and charter boat boys who had already been decimated by the hurricanes. It saved a lot of boat ownerships and individual businesses. Without the leadership of CCA, the recreational fishing industry would have been left out in the cold again by the federal council that manages fishing in the Gulf of Mexico.
Bruce Schaffer, Owner of Carrabelle Marine, Carrabelle
The judge’s decision was wonderful and life is now much better. It was as good a ruling as we could have hoped for and we’re all very happy that we’ll be able to continue catching the other species the rest of the year. Every boat dealer along the Gulf Coast should be supporting CCA’s efforts.
Brian Walls, CCA Member, Tallahassee
For the first time recreational fishing groups made a dent with NMFS and it should make them think long and hard when they vote on the permanent rule. The ripple effect of taking the recreational angler off the water would have been devastating. There’s a lot of money related to grouper fishing that goes into the coastal communities. Besides just charter boat operations—restaurants, motels and even convenience stores rely on business from anglers.
Monty Lewis, CCA Member, Thomasville
CCA was the one major organization willing to step up to the plate and get involved in the red grouper issue. It had a tremendous positive impact on the grouper fishing in the Big Bend area in the winter months. As a result, CCA has won a lot of friends and supporters for taking on the federal fishery managers so we can have rational and reasonable management of grouper instead of the irrational situation we faced this summer. Unnecessarily restricting grouper fishing was going to have a devastating effect on the offshore boating market and the economy of the local communities that depend on grouper fishing. The little fish camps, motels and marinas already had a tough time dealing with two years of hurricanes and the red tide.
Wiley Horton, CCA Vice President, Steinhatchee
I think that the judge displayed a remarkable sense of statutory knowledge in his decision. We’re all happy to be able to fish in November and December of this year. It was wonderful news for both the guys who fish, the charter boat operators, and the marinas along the Gulf coast.
Steve Furman, CCA Vice President, Tampa
CCA got the job done. In our area red grouper is king, but with the victory the charter boats will at least be able to target other species. Escaping the two-month closure gave the industry a big break. They are very happy with the results and were able to rebook some of the charters that had been canceled.
Ernie Hendry, CCA Chairman Emeritus, Ft. Myers
The lawsuit and resultant judgment demonstrates the need for an organization such as CCA. Once again CCA has been able to bring a common sense resolution to yet another threat leveled against Florida’s fishermen and women.
Wright Taylor, CCA Vice President, Naples
Everybody that I’ve talked with is ecstatic that we’ve won. It was very important economically to the local recreation and boating industry such as tackle stores and marinas that are dependent upon grouper fishing and the tourist trade. Everybody was on pins and needles waiting to see if we were going to be able to fish for grouper this winter
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Gulf Council Votes for Permanent One-month Grouper Closure (Seawatch, December 2005)
The Gulf of Mexico Fisheries Management Council has again decided that a one-month closure of recreational grouper fishing in the Gulf for red, gag and black grouper is needed to protect red grouper stocks.
The vote took place on November 16 only two weeks after a federal judge ruled that fishery officials could not shut down all recreational grouper fishing during November and December of this year. The Council, made up of representatives from all five Gulf Coast states, voted 9 to 7 to approve the one-month closure for federal waters at a meeting in Ft. Walton Beach.
"It makes no sense," said Ted Forsgren, executive director of CCA Florida. "Again the Council has rejected the Florida Commission's recommendations and chosen management options that maximize economic damage to recreational interests. We will continue to fight these bad decisions."
Because of regulatory processes, it may not be possible for the February 15 to March 15 closure to go into effect until 2007. In the meantime, there will be additional harvest data and new stock assessments in 2006 on red and gag grouper which may substantially change management options again.
Prior to the meeting and public hearing, the Gulf Council's chosen "Preferred Alternative" for a new Gulf grouper regulation would have prohibited recreational fishing for red, gag and black grouper from February 15 to March 15, reduced the five grouper aggregate bag limit to three, and allowed only one red grouper in the bag limit.
CCA Florida opposed the federal proposal and urged the Council to adopt the Florida Fish and Wildlife Conservation Commission's (FWC) recommendation for red grouper which included no season closures while retaining the current five fish aggregate bag limit and reducing the red grouper limit to one.
The FWC, which relies on the same harvest data as the Gulf Council, has consistently felt that closed seasons for other species of grouper were unnecessary and has refused to adopt such measures for state waters.
The Gulf Council did choose to retain the five-fish aggregate bag limit for all Gulf grouper in federal waters, and included one red grouper within that limit when the season is open.
The reduction to one red grouper is expected to reduce the recreational red grouper harvest by 30 percent, however, even NMFS data indicates that the one-month closure will only add another 3 percent.
"That minimal increase is just not enough to justify $40 million in economic damage to the recreational fishery and Florida's economy," said Forsgren.
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Officers Nab Redfish Poachers (Seawatch, December 2005)
In October, FWC officer Dave Rosado and Sergeant Sam Williams with the St. Johns County Sheriff’s Office Marine Unit boarded a boat anchored in the St. Johns River near the Intracoastal Waterway. The officers found one oversized redfish in a compartment in the boat’s deck, and 19 more illegal reds stashed in the cabin. All the fish ranged between 36 and 39 inches in length and exceeded 18 pounds each, well beyond the legal limit of 27 inches and one fish per person. The 20 dead fish were not salvageable for donation and had to be dumped in the ocean. Four of the five occupants were charged a total of $4,100 in fines.
"Poachers are poachers, whether commercial or recreational anglers," said Ted Forsgren, CCA Florida Executive Director. "CCA has consistently advocated for stronger penalties for major violations. We’ve now reached the point where we have to have penalties equal to the violations, but you have to have a commitment on the part of state attorneys to fully prosecute these violations."
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Ghost Net Owner Enters Guilty Plea (Seawatch, December 2005)
The National Oceanic and Atmospheric Administration’s (NOAA) Office of Fisheries Law Enforcement has announced that James J. Allman of Port Salerno, Florida, has entered a guilty plea in Fort Pierce federal court to a charge of unlawfully taking a loggerhead sea turtle (Caretta caretta). Allman admitted to abandoning an un-buoyed gill net, thereby resulting in the entanglement and drowning of the turtle in violation of the Endangered Species Act.
As reported in Seawatch in March of 2004, an abandoned gill net containing hundreds of dead sharks, other fish and a loggerhead sea turtle was discovered six miles off St. Lucie Inlet near Stuart. NOAA Law Enforcement agents, working with officers of the Florida Fish and Wildlife Conservation Commission, eventually retrieved the 250-yard gill net and the dead sea turtle. [PHOTOS of sea turtle and dead sharks]
Law enforcement officers at the time appealed to the public for help in tracking down the owner of the gill net.
Allman faces a maximum penalty of up to one year in prison for the violation and is subject to a fine of up to $100,000. Sentencing is set for January 13.
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Year End Review — 2005 (Seawatch, December 2005)
In 2005, CCA Florida continued its job of representing saltwater anglers and conserving saltwater fisheries on a number of fronts. Following is a brief review of some of these major issues.
Defending the Net Ban—Loopholes and Legislation (Seawatch, December 2005)
CCA Florida had a very successful year in defending the state’s ban against gill nets and preventing commercial netting interests from establishing loopholes in the state’s constitutional netting restrictions. The first victory came in March when the Fish and Wildlife Conservation Commission approved rules defining legal seine nets and illegal gill nets. The regulations created net-measurement procedures and net-construction criteria that clarified the definition of legal gear and solidified the FWC’s definition of a seine net as having a mesh size smaller than two inches.
The new rules were needed because of netters claims that they should be allowed to use any size mesh in so-called legal seine nets. The FWC’s rules also addressed a practice by netters of using nets that are bunched up like a shower curtain. They argued that the outside measurement equaled 500 square feet, as required in the Constitution, even though the mesh area far exceeded legal limits.
Prior to the FWC’s action, CCA presented a detailed historical analysis in support of the two-inch rule, citing both constitutional language and appellate court rulings, which had rejected the netters argument.
Following the ruling by the FWC, two North Florida legislators introduced bills at the beginning of the March/April legislative session which attempted to amend state law so that any net constructed of braided or twisted nylon, cotton, linen twine, or polypropylene twine, regardless of its mesh size, would not be considered a gill or entanglement net.
Throughout the session, each time the bills were scheduled for committee hearings, CCA Florida’s grassroots network went into action contacting senators and representatives, urging them to oppose the gill net loophole legislation. At one point Attorney General Charlie Crist sent letters to both sponsors pointing out that the proposed legislation would violate two provisions of the Florida Constitution. Crist urged the sponsors to reconsider their support of the legislation in order to save the taxpayers the inevitable costs of litigating the changes.
Related legislation was also introduced that attempted to remove the constitutional authority of the Florida Fish and Wildlife Conservation Commission by placing an amendment on the 2006 statewide ballot.
In the end, all the pro-netting legislation as well as the attempt to weaken the FWC was stopped at the committee level.
Red Grouper (Seawatch, December 2005)
In April, the National Marine Fisheries Service (NMFS) indicated an intent to enact, by emergency action, major new restrictions on the recreational fishery for Gulf red grouper. The action was based on a bizarre and unprecedented increase in the estimated recreational catch of red grouper in 2004. Despite the highly questionable data, and ignoring the concerns of thousands of recreational anglers and charter boat captains, NMFS enacted an interim rule that reduced the combined bag limit of all Gulf grouper and closed the Gulf of Mexico to all recreational grouper fishing for two months. Faced with such unnecessary and draconian regulations, CCA Florida filed a lawsuit challenging the agency’s authority to use an interim rule to stop fishing for all grouper species.
In October a United States District Court ruled that NMFS, in passing the interim rule, acted "arbitrarily, capriciously, [and] in an abuse of discretion...in promulgating the Interim Rule to Reduce the Recreational Harvest of Gulf of Mexico Red Grouper..."
As a result, the grouper fishery in the Gulf of Mexico was reopened for November and December for all grouper species except red grouper. [See this month's lead article CCA Florida Wins Major Victory in Federal Gulf Grouper Lawsuit.]
CCA Florida also worked throughout the year with the Gulf of Mexico Fishery Management Council regarding permanent Gulf grouper regulations to replace the interim rule in 2006. CCA’s position has been that since the vast majority of red grouper are landed in Florida the council should adopt the recommendations put forward by the Florida Fish and Wildlife Conservation Commission for red grouper management.
Bluewater Campaign—Longlines, White Marlin, Dolphin and Wahoo (Seawatch, December 2005)
In April, the National Marine Fisheries Service came out with a plan to permit experimental longline operations in two areas off of Florida’s coast that have been closed to longline use. CCA Florida opposed the action because both areas, one off the east coast and one in the Gulf of Mexico, have undergone dramatic recovery and increased abundance of sailfish, swordfish, dolphin and wahoo since longlines were banned. Conservationists felt the action was both unwarranted and unnecessary. NMFS consequently withdrew its plan.
CCA along with the American Sportfishing Association joined forces to oppose a lawsuit-driven attempt to have white marlin listed as an endangered species. The organizations felt that the listing would have misdirected an overwhelming amount of regulatory effort at domestic recreational fishermen who land fewer than 50 white marlin annually. A settlement agreement was consequently reached that recognized the necessity of an international solution for the recovery of the species.
Also this year, the FWC implemented new management rules for dolphin and wahoo in Florida waters that mirror rules passed for federal waters. The federal and state regulations came into being after more than five years of effort by CCA Florida to gain long-term protections for both species.
Protection for Large Permit
Early in 2005, the FWC passed a rule that limits to two the number of large permit over 20 inches that may be possessed aboard a vessel. The effort behind the new regulations originated in 2003 when CCA Florida asked the FWC to examine the possibility of increasing protection for large permit. A valuable and prized saltwater gamefish, CCA was concerned about substantial numbers of large permit (15 to 30 at a time) being taken by head boats when the fish were aggregated over wrecks in South Florida in the fall and winter.
Angler Access—No-Fishing Zones and Manatee Protection (Seawatch, December 2005)
Even though more than 200 square miles of no-fishing zones have already been enacted around the Dry Tortugas National Park, an attempt was made to close another 46 square miles to all fishing—even catch and release. Although a joint federal/state management plan was approved for the Dry Tortugas in August, at CCA’s urging the Florida Cabinet withheld approval of the fisheries plan until recommendations can be provided by the Florida Fish and Wildlife Conservation Commission, which has exclusive authority over fishing in the area designated for closure.
During the year CCA Florida representatives worked with local manatee zone review committees and presented comments and recommendations regarding speed zone proposals in Lee County. Many of CCA’s science-based recommendations, which were designed to benefit manatees and boaters alike, were consequently adopted by the FWC.
In a related issue, the FWC moved ahead with a CCA-backed proposal to update the state’s imperiled species listing process by adopting criteria developed by the highly-respected International Union for the Conservation of Nature. Also, in 2005, the FWC moved ahead with the creation of science-based biological goals for the long-range protection of manatees.
Shrimp Trawl Bycatch and Red Snapper
In March, CCA took legal action to stop the overfishing of Gulf red snapper by the Gulf of Mexico shrimp fleet. The damage caused by shrimp trawls is so substantial that it makes the recovery of the red snapper fishery unlikely. Recovery goals to reduce the directed commercial and recreational take of red snapper have been achieved through size, bag and season limits; however, the trawl damage is undermining the recovery plan. Scientific assessment indicates that 80 percent of the 4-inch size red snapper are killed each year in trawls. The federal red snapper recovery plan mandated a 40 percent reduction in trawl by-kill through the use of bycatch reduction devices and other measures, but studies show that at most the reduction has been 10 percent.
More information on CCA Florida initiatives can be found at CCA Advocacy Positions.
Conservation Highlights for each year can be found at Chronology.
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Contender Steps Up With Major CCA Support (Seawatch, December 2005)
 CCA Florida would like to recognize Contender Boats for their exceptional support for marine conservation and for access to the resource by the saltwater fishermen of Florida. Contender has been a Dade Banquet Corporate Sponsor for five years and is the Title Sponsor for the Yamaha Contender Miami Billfish Tournament which has given more than $40,000 to CCA Florida.
"We’re strong backers of CCA Florida because of issues such as the successful lawsuit preventing the unnecessary closure of Gulf grouper fishing, and the need to stop the unnecessary creation of no-fishing zones such as the attempt to close even more of the Dry Tortugas to family recreational fishing," said Joe Neber, president and founder of Contender.
Considered by many to have the best Offshore Center Console on the market in just 20 short years, Contender Boats have become legendary by redefining all that a sportfishing boat can be. From their early beginnings, Contender has evolved from the original hull design of the classic 25-footer to the sophisticated power and performance of today’s proven tournament winners.
"We at Contender pride ourselves with a traditional ‘hands on’ boat building philosophy while using the most advanced modern materials and quality components we can find. But just like the people we aim to please, the serious fishermen, we too are never satisfied. That’s why we’ll continue to do all we can to refine and improve the concept of the ultimate sportfishing boat," said Neber.
Keep your eyes and ears open. There just might be a Contender Boat up for auction at one of the local CCA banquets. For detailed information about Contender Boats, go to www.contender.com or contact your local Contender dealer.
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West Marine Continues Support for Marine Conservation in Florida (Seawatch, December 2005)
West Marine, the country’s favorite retailer of boating supplies and accessories, has again teamed up with CCA Florida to raise support for marine conservation initiatives. In conjunction with the annual fall fundraising appeal, they have generously agreed to double every contribution made by our members up to $15,000.
But that’s only part of the West Marine commitment to marine conservation. The company also supports CCA Florida by providing valuable gift certificates for every chapter fundraising banquet and by contributing a generous percentage of all opening day proceeds whenever a new West Marine store is opened in Florida.
"West Marine is proud to support the conservation efforts of CCA Florida," said Laurie Fried, West Marine’s donations director. "As part of the Company’s mission we actively promote boating, work to reduce our impact on the environment, improve and protect marine habitats, and contribute to the social needs in the communities in which we do business."
West Marine, which began in 1968, has more than 400 stores in 38 states, Puerto Rico and Canada. The Company’s catalog and Internet site offer more than 50,000 products—and the convenience of being able to exchange Internet purchases at West Marine retail stores. The Company’s Port Supply division is the country’s largest wholesale distributor of marine equipment serving boat manufacturers, marine services, commercial vessel operators and government agencies.
"It’s because of partnerships with companies like West Marine, which matches grassroots member support with corporate business support, that we’re able to make great strides in marine conservation on behalf of all of Florida’s saltwater boaters and anglers," said Gary Hill, CCA Florida general manager.
For more information on West Marine products or to find the nearest West Marine store, go to westmarine.com, or call 1-800-BOATING (1-800-262-8464).
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