The Future of Grouper Fishing in the Keys

One of the dizzying array of regulation changes currently being considered by the South Atlantic Fishery Management Council concerns the grouper fishery in the Keys. For more clarification on the issues and measures involved with the proposed changes, we turn to Capt. Rob Harris of Key West, author of “Clean Up Offshore,” about fishing offshore floating structure, in the August issue of FS. Here, he outlines the proposal to close grouper fishing in the Keys, and illuminates many important points about the Keys grouper fishery today.

Capt. Rob Harris and his wife Melissa own and operate Conchy Joe’s Marine and Tackle in Key West. In addition to Conchy Joe’s, they operate two for-hire fishing boats in Key West. He has written fishing articles for newspapers and magazines, including Florida Sportsman, and print- and internet-based fishing reports. He is also the Chairman of the Board for the Key West Fishing Tournament and is the Keys Moderator for the Florida Sportsman Fishing Forum.

Can You Catch and Keep Grouper in Monroe County?

By Capt. Rob Harris

Today the answer is “Yes.” The future answer might be “No.” There is a little known movement by the South Atlantic Fishery Management Council (SAFMC) to close the Gag Grouper fishery in Monroe County year-round and to close other Grouper fishing June 1st through December 31st. That means that you will only be able to catch and keep grouper from January 1st through May 31st.

Since Fishery Management has so many different Regions and Councils and you could quickly become lost in a sea of acronyms, let me give you a little background data on some of the major “players” in this long standing battle. It’s a battle that often pits commercial fishermen against recreational fishermen with both being under pressure by the various environmental groups.

Who Makes the Rules?

Monroe County has two primary sets of Federal fishery managers, The South Atlantic Fishery Management Council (SAFMC) and the Gulf of Mexico Fishery Management Council (Gulf Council). Both of these councils have several Advisory Panels made up of recreational and commercial fishermen, charter boat operators, buyers, sellers and consumers who are knowledgeable about a particular fishery. The panels are further split up into species specific groups. The Advisory Panels are non-voting members of the Councils and pass along their recommendations to the voting council members. The Regional Councils (SAFMC and Gulf in this case) then decide what recommendations they themselves will pass along to their “boss”, The National Oceanic and Atmospheric Administration (NOAA) Fisheries Service. NOAA Fisheries Service falls under the Office of The Secretary of Commerce (SOC). Once all the recommendations have been taken in and passed up the line, the SOC makes the final decision and bottom lines the “new” regulation(s). Monroe County falls under the NOAA Fisheries Service-Southeast Region.

Of course not to leave out a very important piece of our Fishery Management, we also have the Florida Fish and Wildlife Conservation Commission (FWC). This is the one that most of us are familiar with. FWC does more than just enforcement though. The FWCs Division of Marine Fisheries Management is in charge of developing regulatory and management recommendations for consideration by FWC Commissioners. The FWC Marine Fisheries Management Director also serves as a liaison to a number of federal agencies on marine issues and is the state’s representative on the SAFMC and Gulf councils. So when all is said and done, we at least have a say in what happens in our state waters.

Monroe County is more than just the Keys

While most people see Monroe County as beginning up near Florida City and running the entirety of the Keys, there a large area of Monroe County on the mainland. Basically the lower southwest portion of the Florida peninsula comprises the mainland portion of Monroe County. In the new language for a grouper closure, all areas south of the Miami-Dade/Monroe county line will be affected.

Jurisdiction will be a question to be answered should this come to pass as law. For those us living or fishing in Monroe County, we have three (3) regulatory bodies that govern our fishing. We have the State waters which extend 3 miles into the Atlantic and 9 miles into the Gulf of Mexico as the main body. Once you venture South (3 miles) from the Keys, you fall under the rulings of the SAFMC. When you leave the islands and head north, you fall under the Gulf Council rules.

Therein lies part of the problem. State regulations and those of the SAFMC and Gulf Councils don’t always match. This was most evident recently when the Gulf Council lowered the Grouper limits and Florida state and SAFMC didn’t. We in Monroe County also find ourselves caught in between the regulatory bodies on size/bag limits. Should an angler catch a 22 inch Black or Gag grouper in the Gulf waters off Tampa he’s perfectly legal. Catch a 22 inch Black or Gag grouper in the Gulf waters off the Keys and be ready to get a ticket. Monroe County falls under SAFMC for landing a grouper, and Black/Gag grouper must be 24 inches to possess in Monroe County. If that’s not confusing enough, imagine being a visitor to Monroe County!

Gulf Council Recent Woes

If you think back to the mid-2005 time frame, the Gulf Council attempted a similar action in order to protect Red Grouper. It was proposed that the bag limit for Red Grouper would be slashed by more than half and would include a total closure for all grouper species. This caused so much of a stir that State Congressmen even argued against the ruling at the Federal level. Within our own Florida borders, FWCs commission spoke out against the ruling and would not support it at the State (read as; enforcement) level. Due to public outcry and the support of lawmakers and State decision makers, the ruling was over-turned.

Monroe County Being Singled Out by SAFMC

Now Monroe County anglers, recreational and commercial alike, are under fire once again. During it’s June 2007 meeting, SAFMC received a updated stock assessment which indicated that overfishing was occurring for Gag Grouper and Vermilion Snapper. The Magnuson-Stevens Reauthorization Act specifies that the councils must act to end overfishing within one of notification. In September of 2007, input was received during public scoping meetings and was incorporated into Amendment 16 to the Snapper Grouper Fishery Management Plan.

The new amendment addresses management alternatives to “reduce harvest of gag and vermilion snapper to end overfishing, address bycatch, establish interim allocations between recreational and commercial fishermen, and update management reference points such as Maximum Sustainable Yield (MSY).”

In a letter sent out by SAFMC on 14 April, 2008 in addition to the public meeting schedule was a list of alternatives under consideration. There were 5 public meetings held in May of 2008. The 1st one was held in Key Largo on the 7th of May from 3:00pm till 7:00pm. That schedule almost assured that any commercial or Charter fisherman in Monroe County wouldn’t be in attendance. The next meeting was on the 9th of May in Cape Canaveral and they just got farther away from there. The last meeting was in New Bern, North Carolina on the 15th of May.

The letter went on to state: “Alternatives under consideration in Amendment 16 include a January – April gag grouper spawning season closure for the both commercial and recreational sectors. In addition, during the closure fishing for and/or possession of the following species would be prohibited: black grouper, red grouper, scamp, red hind, rock hind, yellowmouth grouper, tiger grouper, yellowfin grouper, graysby, and coney. Other measures being considered include dividing the commercial quota for gag grouper between two regions, establishing a directed commercial quota for vermilion snapper, adjusting the recreational bag and size limits, and a recreational seasonal closure for vermilion snapper.

Amendment 16 also includes measures to reduce bycatch mortality by requiring fishermen fishing for snapper grouper species to use venting and dehooking tools as well as circle hooks. Alternatives are also included for interim allocations between recreational and commercial fishermen.

SAFMC Council Motions

The next meeting that was held by SAFMC was over the 12th and 13th of June 2008. Buried somewhere in the meeting between Advisory Panel member selections and a recommendation to approve a exempted fishery permit request lies Snapper Grouper, Amendment 16. In the published Motion Summary you’ll find Motions 7 through 14. Motion 7 splits Council Alternative 2 into 2(a) and 2(b). This breaks commercial fishermen (2a) away from recreational fishermen (2b). Motions 8 through 10 add alternatives to apply to the commercial sector now that it’s viewed differently than the recreational anglers.

Motion 11 is the one that strikes at the heart of Monroe County anglers. “The council approved the following alternative: South of the MiamiDade/Monroe county line, no fishing for and/or possession of the following species would be allowed during June 1-Dec. 31: gag, black grouper, red grouper, scamp, red hind, rock hind, yellowmouth grouper, tiger grouper, yellowfin grouper, graysby, and coney. No fishing for and/or possession of gag would be allowed year–round south of the Miami-Dade/Monroe County line. Fishing for black grouper, red grouper, scamp, red hind, rock hind, yellowmouth grouper, tiger grouper, yellowfin grouper, graysby, and coney would be allowed Jan.1-May 31 for Monroe County. (Note: This would apply to both the recreational and commercial fisheries.)”

Motion 12 states, “The council specified that the analysis outlined in the previous motion (11) would be contingent on staff’s ability to accomplish the analysis within the time constraints of approving amendment 16 at the September 2008 council meeting.”

The Issue in Question

One of the most controversial issues facing fisheries management is Stock Assessments. Basically this is a scientific “guess” of how many of a given species is available for harvest. A division of NOAA, the Southeast Fisheries Science Center, formed the SouthEast Data, Assessment, and Review council (SEDAR) in 2002. Through a series of workshops, SEDAR established a formula to build datasets to be used in analysis to count the available fish. They use data from commercial catches being reported, phone surveys, dockside interviews from NOAA personnel and other equations as the primary means to conduct the stock assessment. From there they throw in a variable for “release mortality” to account for some more. There are documents available to help break the “code” on how these numbers are derived, but it can be dizzying at times to keep up with.

The 2005 SEDAR assessments stated the Gag Grouper stock is not overfished for the South Atlantic; however, the stock assessment model projections show the stock is below the biomass required to maintain maximum yield. Oddly enough, using commercial Gag Grouper catch data from 1999-2005 and also from 2001-2006, Monroe County accounted for less than 1 percent of the total catch for the entire SAFMC Region.

Commercial Fishermen vs Recreation Fishermen

There are some that would like to point the finger at commercial fishing for the downfall of fishing stocks. While I prefer to remain neutral in that argument, I would be remiss in my duties if I didn’t bring up a few major points along those lines.

All of the agencies that we’ve been looking at (NOAA, NMFS, SAFMC, Gulf Council, SEDAR) work for the same office: The Secretary of Commerce of the United States (SOC). All of the recommendations are voted on at the various council meetings; the approved recommendations are consolidated and sent to the SOC for signature. Once the SOC bottom lines the document it becomes law.

All of the various council seats and advisory panel members that make these recommendations are split up by which “sector” they represent. There are seats for commercial industry, recreational, scientific and environmental representatives. They are selected by a vote after public notification of an open seat has been made. After the notification goes out, anyone with an interest can submit an application to fill the seat. The interpretation of commercials against recreational anglers becomes heightened when the distribution of the fisheries is viewed and then you take into account that the Secretary of Commerce is the one deciding the issue. A large contingency of anglers believe that the SOC is the wrong person to have making these important fishery decisions and that fishery management should be moved to the Department of the Interior.

Factor in that of the recommended alternatives made by the council, the commercial sector has the highest percentage of the available stock. In the latest round of recommended alternatives the percentage of the quota going to commercial fishing varies from a low of 51 percent to a high of 66 percent.

The point to make on this issue is that commercial and recreational fishermen are in the same boat so-to-speak. The closure will affect both groups in Monroe County. For Monroe County commercial fishermen it’s safe to say that the year-round closure on Gag Grouper won’t be a big issue considering that they historically account for less than 1 percent of the total commercial catch. The impact of a closure for all grouper species will be huge.

One of the management alternatives suggested by the recreational sector is to simply cut the commercial quota and all will be fine. After all, we’re discussing a public resource and allowing a commercial enterprise to take the lion’s share of the stock. While that may be a simple solution at the recreational level, it’s a far reaching issue with the commercial sector when it reaches the SOC level. And let’s not forget, Monroe County commercial fishermen account for less than 1 percent of the Gag catch.

Importance of Monroe County Grouper

Monroe County has long been known for an outstanding Grouper fishery. In the Lower Keys and Key West there are miles of reef line that are still available to fishing for these sought after table fish. Granted that we have lost a large area around the Dry Tortugas, but there are still plenty of areas to fish. Locals, visitors and charter boat clients all come to the Keys to take advantage of the nearby reef species which include the groupers. These anglers don’t just fish from January to May either. And I can honestly say that I’ve yet to encounter anyone stating that they were here to catch the Gags.

Families schedule their vacations to the Keys because the dream of catching that grouper of a lifetime fills their heads all during the cold winter months when they’re working in their hometowns. Then school gets out, and the families pack their belongings for the storied trip down U.S. 1, for long weekends and holiday reunions in the summer, during what could be a closed fishing season. Mothers and Fathers hoping to relive fishing trips gone by with each other and their children make the annual trek to these bountiful waters every year in hopes of catching “the one” that will be discussed for the remainder of their days. These are the anglers that don’t depend on going to the market for their fresh fish. They travel to get their own fresh catch and provide a valuable economic shot in the arm to the local economy.

Hotels, marinas, restaurants, campgrounds, souvenir shops, dive shops, tackle shops and more depend on anglers being able to catch more than just a picture of a grouper that isn’t in an over-fished status for the sake of protecting one that is (Gags).

If the idea is to protect the Gags then why close the entire Grouper fishery? A move like this was already attempted by the Gulf Council and failed.

What Happens Next

If you have no problem with the proposed closure, then you need not do anything unless you simply want to write a letter in support of the recommended action.

If you oppose the pending action, you have a short time to share your thoughts and views. This is due to be voted on at the next SAFMC Council meeting in September. On September 15th the SAFMC Council will meet again in Charleston, SC and put Amendment 16 to a vote.

HERE’S HOW TO MAKE YOUR OPINIONS ON AMENDMENT 16 KNOWN:

“Public comment will be taken at the public hearings (listed below) anytime between the hours of 3:00 PM and 7:00 PM. Written comments for both amendments are being accepted by the Council until 5:00 pm, August 15, 2008. Copies of the public hearing documents will be posted on the Council’s web site at www.safmc.net, and may also be obtained from the Council office. Comments should be addressed to: Bob Mahood, Executive Director, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, Charleston, SC 29405. Email Snapper Grouper Amendment 16 comments to: SGAmend16SecondPH@safmc.net and comments for Shrimp Amendment 7 to: ShrimpAmend7@safmc.net

PUBLIC HEARING SCHEDULE (3:00 PM until 7:00 PM)

August 7, 2008
Hyatt Regency Riverfront
225 Coast Line Drive East
Jacksonville, FL 32202
Phone: 904/588-1234

August 8, 2008
Radisson Resort at the Port
8701 Astronaut Boulevard
Cape Canaveral, FL 32920
Phone: 321-784-0000

August 12, 2008
Hilton Garden Inn Airport
5265 International Boulevard
North Charleston, SC 29418
Phone: 843-308-9330

If you would like to review the documents that make up Amendment 16 for yourself, they are available on the SAFMC website (www.safmc.net). Be prepared to spend some time reviewing it as there are more than 500 pages of information. At some of the public scoping meetings already held, there were commercial fishermen, recreational fishermen and city council members present. Your local Chamber of Commerce, City Council, State Representative and County Representatives would be good points of contact to voice your opinion to. State representatives and Federal representatives are some others to contact. If you wish to write to SAFMC directly, they have an established general E-Mail address (safmc@safmc.net) listed as a point of contact on the cover letter for the public hearing draft.

The Federal Regulations website (www.regulations.gov) has more information on Snapper Grouper Amendment 16 to include the Federal Register notification of the Amendment. The Federal Register states that “Comments should be sent to Jack McGovern, NMFS, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701; phone: 727–824–5305; fax: 727–824–5308; email: John.McGovern@noaa.gov.” and for more information to contact “Kim Iverson, Public Information Officer, South Atlantic Fisheries Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone: 843–571–4966, toll free 1–866–SAFMC–10; fax: 843–769–4520; e-mail: kim.iverson@safmc.net”.