Noaa 'champions' Another Closure

[Leif]

NOAA 'CHAMPIONS' ANOTHER CLOSURE
No Red Snapper Fishing Until Further Notice


December 4, 2009 - On Thursday afternoon, President Obama wrapped up a jobs forum in Michigan by challenging the nation's top CEOs, business leaders and economists to come up with innovative ideas to put Americans back to work. At the same time, NOAA Fisheries issued pink slips to thousands of South Atlantic and Gulf fishermen who rely on access to a healthy red snapper fishery.

On December 3, NOAA announced a 6-month ban on both the recreational and commercial harvest of red snapper in South Atlantic federal waters off Florida, Georgia, South Carolina, and North Carolina beginning on January 4. The provisions specified in the interim prohibition rule also apply to a person on-board a vessel for which a federal commercial or charter/headboat permit for the South Atlantic snapper-grouper fishery has been issued, regardless of whether the fish are harvested or possessed in state or federal waters.

U.S. Congressman John L. Mica (FL-07) called the Administration's decision to impose the ban on red snapper fishing throughout the Southeast U.S. coast an economic disaster for the region. "During this time of economic downturn this ban will be a significant job killer and an economic blow to nearly every coastal community from North Carolina to South Florida," stated Mica.

Dave Heil, a Florida-based attorney for the Recreational Fishing Alliance (RFA) has filed a lawsuit in federal court in Jacksonville and will seek an emergency injunction to prevent the ban from taking effect and asking a judge to throw out the rule that created the ban. "We have today filed a lawsuit in Federal Court in Jacksonville, FL and we feel confident that once a federal judge reviews the arbitrary and capricious methods used by the National Marine Fisheries Service, the closure will be overturned," Heil said.

Heil and the RFA charge that the South Atlantic Fishery Management Council (SAFMC) and National Marine Fisheries Service (NMFS) are using improper data to drive their decision, and explain the government has already acknowledged that the data collection methodology used to make the closure determination was never intended to be used for such purposes. The red snapper complaint filed on behalf of the RFA charges NMFS with ignoring mandates from the federal fisheries law (Magnuson Stevens Act) to address inconsistencies within the data collection process. "It is apparent that the SAFMC and the NMFS have ignored the Magnuson Stevens in passing the Interim Rule using the obviously flawed data from MRFSS," Heil added.

"This ban will put thousands of marginal sport fishing tourist enterprises out of business," Rep. Mica said, adding "The timing couldn't be worse for Florida with its tourism and fishing seasons set to begin at the start of the New Year and with the economy at its worst in years.".

At a NOAA sponsored tackle trade show summit in October held in San Diego, CA, Under-Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator, Jane Lubchenco told tackle industry leaders that NOAA was actively responding to the concerns expressed by recreational fishing leaders "that we don't pay enough attention to recreational fishing," summarizing her address by saying "We will be your champions." In her first 9 months as NOAA Administrator, the former Pew Fellowship Award winner has championed the complete recreational closure of black sea bass, amberjack and red snapper.

"If this is what Ms. Lubchenco means by being our champion, I'd hate to think about what NOAA will do when they decide to really go after us," said Jim Donofrio, Executive Director of the RFA. Donofrio said the RFA has already submitted a legal challenge in the Mid-Atlantic in response to the NOAA's decision to close the sea bass fishery, and he's hoping that the RFA FL membership base can help rally around Heil's legal challenge on behalf of red snapper.

"NOAA continues to put nails into the coffin of the beleaguered recreational marine industry, while the preservationists over at Pew Environment Group are already dancing on our graves," Donofrio said. Soon after NOAA's announcement about the red snapper closure, Holly Binns, manager of the Pew Environment Group's Campaign to End Overfishing in the Southeast said "Today's decision symbolizes an important first step towards saving the severely overfished red snapper." Many southeast fishermen dispute Pew's claims that the snapper are overfished and say the science being used is flawed and misleading.

In July, Rep. Mica introduced legislation that requested additional data collection before any ban was imposed, although the legislation had bipartisan support, environmental groups like Pew Environment Group and Pew-funded allies within the Marine Fish Conservation Network blocked consideration of the bill which was denied a hearing. "They're imposing a ban with flawed data and they've refused to sit down with the industry and come up with a better management solution," Mica said.

In addition to the latest legal challenge submitted in Jacksonville, RFA continues to seek support from Florida Senator Bill Nelson for the Flexibility in Rebuilding American Fisheries Act of 2009 (S-1255). "Recent amendments to the Magnuson Stevens Act have led to these arbitrary and unprecedented restrictions on many of our most important recreational fisheries in the Gulf and South Atlantic," Donofrio said. "We believe that Magnuson can be amended to allow a balance of conservation and access at the same time."

More than 150 groups, organizations and businesses have signed on with the RFA to support S-1255, including Cooperative of Gulf Fishermen, Destin Charter Boat Association, Fishing Rights Alliance, Indian River Charter Boat Association, Marco Island Charter Captains Association, Panama City Boatmen Association, Pensacola Charterboat Association and South Atlantic Charterboat Association. National supporting groups include Marine Retailers Association of America, National Association of Charterboat Operators and National Marine Manufacturers Association.

See the full list of supporters at http://www.joinrfa.org/Press/Flexibi...ers_061809.pdf.

For background information on MRFSS, visit www.joinrfa.org/Press/RFA_MRFSS.pdf.



About Recreational Fishing Alliance
The Recreational Fishing Alliance is a national, grassroots political action organization representing recreational fishermen and the recreational fishing industry on marine fisheries issues. RFA's Mission is to safeguard the rights of saltwater anglers, protect marine, boat and tackle industry jobs, and ensure the long-term sustainability of our Nation's saltwater fisheries.

For more information about the RFA call 888-JOIN-RFA or visit www.joinrfa.org.

[PBangler]

They're working out the kinks of how to shut down recreational fluke (as well as other recreational species) for the near future as we speak.

Excerpts from the MAFMC – Summer Flounder Committee Discussion – July, 2009

RED MUNDEN: Thank you, Mr. Chairman.

I have a question for Mike relative to the accountability measures being automatic. Could you do something like an in-season closure and give the Regional Administrator the authority to implement that rather than the following year?

MICHAEL PENTONY: Yes.

JACK TRAVELSTEAD: How would you do that in-season? How would you?

MICHAEL PENTONY: How? In the specifics say of the summer flounder recreational fishery, I think you could say that if the – if knowing the performance of the -- of the modes over time, you could see that in years, say, in years in which more than 60 percent of the recreational allocation was landed prior to the end of, say, Wave 3, then if you reach that -- if you hit that signal, then you would give the Regional Administrator the authority to take action in say Wave 4 or 5.

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FYI, Wave 3 is May & June - Wave 4 is July & Aug - Wave 5 is Sept & Oct

[Leif]

Originally Posted by PBangler

They're working out the kinks of how to shut down recreational fluke (as well as other recreational species) for the near future as we speak.

Excerpts from the MAFMC – Summer Flounder Committee Discussion – July, 2009

RED MUNDEN: Thank you, Mr. Chairman.

I have a question for Mike relative to the accountability measures being automatic. Could you do something like an in-season closure and give the Regional Administrator the authority to implement that rather than the following year?

MICHAEL PENTONY: Yes.

JACK TRAVELSTEAD: How would you do that in-season? How would you?

MICHAEL PENTONY: How? In the specifics say of the summer flounder recreational fishery, I think you could say that if the – if knowing the performance of the -- of the modes over time, you could see that in years, say, in years in which more than 60 percent of the recreational allocation was landed prior to the end of, say, Wave 3, then if you reach that -- if you hit that signal, then you would give the Regional Administrator the authority to take action in say Wave 4 or 5.

--------------------

FYI, Wave 3 is May & June - Wave 4 is July & Aug - Wave 5 is Sept & Oct

Thanks for that scary information. I believe CaptTB and the others alluded to this senerio at the meeting.

If this ever came to be "they" would have a bigger problem on their hands. Every man and women has their limits....

Leif

[penn50w]

And yet, people wonder why I bash this current administration and the head idiot so much! Penn

[shrimpman steve]

Penn, keep on bitchin! I do it everyday over this administration!

The day they shut down fluke is the day you will see me on the cover of a newspaper, as I will go postal!

This country is no longer the country I grew up in! 2010 can't come soon enough.

How does everyone like the "hope and change" so far! The sad part is that obama told us he was going to do this when he was campaigning I think he said "we are going to fundamentally change this country" he is just keeping his promises!

[penn50w]

Originally Posted by shrimpman steve

Penn, keep on bitchin! I do it everyday over this administration!

The day they shut down fluke is the day you will see me on the cover of a newspaper, as I will go postal!

This country is no longer the country I grew up in! 2010 can't come soon enough.

How does everyone like the "hope and change" so far! The sad part is that obama told us he was going to do this when he was campaigning I think he said "we are going to fundamentally change this country" he is just keeping his promises!

Steve, I'm with you. He sucks, PERIOD! And half of his administration should be in jail anyway for tax evasion. He does nothing but say the USA is arrogant, BLAME everybody else for the economy, and LIE about global warming now. Not to mention that him and the Dem's are going to F-UP the best health care system in the world. And now since these F'in TERRORISTS haven't been read their MIRANDA RIGHTS, this A-HOLE administration is going to have to let them out on bail. This has to be a NIGHTMARE which I hope to wake up from any day now. VICTORY 2010. Penn