Gulf Council Amendment 30 Scoping Comments

3/16/2007
Gulf of Mexico Fishery Management Council
2203 N. Lois Ave.
Suite 1100
Tampa, FL 33607

Dear Gulf Council Members,

Fishing Rights Alliance members and supporters believe that fishing is an important part of our heritage and our society. The members and supporters of the FRA endeavor toward sustainable fish stocks and fair management. In that sense of fairness, we must note that there does not appear to be adequate time for the public input given during the upcoming scoping hearings to be seriously considered or reviewed by Council members before they make the decisions that will have an enormous impact on hundreds of thousands of Gulf of Mexico fisherman. We feel that when public testimony hearings are such a short time before the Council meetings, the voting members are less likely to fully consider and digest public input. It may also discourage stakeholders from participating due to the perception that the outcome of such hearings are predetermined and that the hearings are merely procedural formality.

We hereby request that any permanent decisions on Greater Amberjack and Gray Triggerfish be delayed until the June Council meeting, allowing time for the Council to fully consider and evaluate public input. To do anything less will only reinforce the increasingly widespread belief that public comments are inconsequential in the federal fisheries decision making process.

The FRA will reserve comment for options on Gag Grouper until such time as the findings from the current review of the stock assessment, which is scheduled for the same week as these hastily assembled scoping meetings. The FRA believes the Gag assessment review findings warrant a separate round of scoping hearings for options, if in fact the upcoming re-evaluation indicates a legitimate need for increased restrictions. We feel that any comments whatsoever at this time would be premature.

Again, we feel that this issue is being ‘fast-tracked’ with little consideration of the public’s input. We feel that Gags are one of the most important fish in the eastern Gulf of Mexico recreational fishery and worthy of great consideration.

Seasonal closures and area closures are adamantly opposed by the FRA for use as management tools. Their value is questionable and their impact is socially and economically damaging. As such, we see no need for them in the management of any of these species.

We oppose additional spawning area closures and feel that this issue has NO PLACE in this amendment. It appears to be merely an attempt on someone’s part to imply that such areas have a positive, quantifiable effect on the fishery. The FRA would disagree with any such implication.

Comments in the scoping document refer to ‘overfished status undetermined’. We find this misleading and even offensive. The stock either IS or IS NOT overfished. If it was not determined to be overfished, then it IS NOT OVERFISHED. This methodology is perceived as an agenda-driven goal of the process, seemingly striving for the overfished status and striking a severe blow to stakeholder confidence.

We urge the Council to adopt realistic benchmarks for OY and other parameter definitions, taking into account the fact that prolific species such as Gag can be reasonably harvested and sustain themselves at the same time. The implication of so many stocks being declared ‘over-fished’ or ‘undergoing over-fishing’ has become extreme and outrageous. To many recreational fishermen, it appears that the ‘over-fished’ status has become a goal for a small group of anti-fishing interests who are more focused on the elimination of fishing than the management of it. It is our belief that this particular portion of MSA is being exploited beyond its intended goals. Closure of vast areas of the Gulf, complete closed seasons, and extreme cuts in bag limits based on inconclusive research are victories for anti-fishing groups but a slap in the face for the everyday angler or charter operator. It is our view that closing portions of the Gulf of Mexico forever is not something to be embarked upon lightly, slipped in on the coat tails of another amendment, or advanced at the whim of a few individuals. We fully support proper fisheries regulation and increased restrictions when there is a legitimate need. We are people who love to fish! The health of all fisheries is perhaps more important and beneficial to us than anyone else.

Recently however, erring on the side of caution has gone to unprecedented extremes and the Gulf Coast recreational fishing community is, in many cases, being unfairly penalized. The FRA requests that the Council splits Amendment 30, assigning Gag and Red Grouper their own amendment. The current amendment is too broad, with four fish stocks included in one amendment. We question what logic led to such a large, cumbersome amendment.

Red Grouper has been declared recovered. The FRA hereby formally requests the restoration of the previous red grouper bag limit of five fish per angler, per day immediately. Anything less would be to ignore the fact that the recent restrictions were uncalled for. FRA members also fully expect to see the emergency closure and bag reductions rescinded, since the original basis for these has now been proven to have not existed at all.

We think it reasonable, if a fishery is suddenly restricted or closed (especially through emergency interim rules), and then the basis of that restriction is found to be inaccurate or non-existent, that all previous rules must be reinstated.

The Greater Amberjack assessment suffers from a high degree of uncertainty of the true stock status. As such, any action that would require tighter restrictions should be approached with great caution. If a legitimate need is proven to exist, we are not opposed to an increase in minimum size limit in the recreational sector which could yield any required reductions in landings. We are opposed to any closures, since recreational anglers are already at one fish per person. We feel further bag limit measures or closures would have severe negative economic and social impacts. FRA currently supports a trip limit for the regulation of the commercial Greater Amberjack fishery, if further regulation is necessary.

The Gray Triggerfish assessment suffers from a similar high degree of uncertainty. As such, any reductions in landings should also be approached with grave caution, given the potential for negative social and economic impact. Any required management measures should consist of minimum size increases only. The fish is not a highly targeted fish and is somewhat difficult to catch with a hook and line.

To summarize:
• We reserve comment on Gag Grouper, pending outcome of assessment review.
• We demand our five Red Grouper back and elimination of season closures.
• We request that Amendment 30 be split.
• We are adamantly opposed to even the mention or consideration of any additional closed areas in the Gulf of Mexico.
• We are opposed to any seasonal or area closures as management tools.
• We request that Council adopt realistic and reasonable benchmarks for OY.
• We are willing to consider minimum size increases Greater Amberjack and Gray Triggerfish as the only acceptable management action for the recreational sector, if a proven need exists.
• We currently consider trip limits as a reasonable commercial sector management tool.

We look forward to the Council’s wise and fair management of our precious resources.

Thank you for your time in consideration of these matters.

Sincerely,

Dennis O’Hern
Executive Director
Fishing Rights Alliance, Inc.

AND THE ATTACHED LIST OF SIGNERS