As the interim rule to close most grouper fishing in the South Atlantic region awaits approval or denial by Carlos Gutierrez, Secretary of Commerce, anglers should know that not all of the members of the South Atlantic Fishery Management Council agreed with the decision to implement the interim rule.

The minority report, encapsulating the strong arguments against the broad (and many people say, unjustified) closure now pending, sums up the case against the interim rule. Read it for yourself. And there’s still time to send letters to Secretary Gutierrez. See the Keys General Section for more details on the effort to avert the closure.

TO:
Robert Mahood, Executive Director
South Atlantic Fisheries Management Council
4055 Faber Place Drive, Suite 201 North Charleston, SC 29405

Date: October 20, 2008

Re: Minority opinion, Snapper-Grouper Amendment 16 and Interim Rule

As voting members of the South Atlantic Fishery Management Council, we are submitting this minority opinion under section 302 of the Magnuson-Stevens Fishery Conservation Act in response to the recently approved Interim Rule and Snapper-Grouper Amendment 16 implemented to end overfishing of gag grouper. As Council members we understand and fully support efforts of the Council and the National Marine Fisheries Service to address the status of this fish stock as required by the Magnuson-Stevens Fishery Conservation and Management Act. Although we appreciate that the Interim Rule and Amendment 16 address the scientific and management requirements of the Act within its mandated time-frame, we note that the Magnuson-Stevens Act also directs that fishery plans and regulations also consider and allow for variations among, and contingencies in, fisheries and fishery resources. Consequently, it is part of our responsibility under the Act to consider economic and social factors for the good of the nation, and we believe that the Council’s recent actions did not give weight to the overwhelming socio-economic consequences of the actions.

We are deeply concerned that the rule changes contained within the Interim Rule and Amendment 16 will have an immediate and adverse impact on fishing and the fishing-related economy of several states. Sudden or extended closures potentially create market interruptions that offer more opportunity for imported product at the expense of the local or domestic product. Further, we note that the recent dramatic increase in fuel prices has resulted in increased overhead in the commercial and for-hire fishing sectors and simultaneously decreased wholesale fish prices because of increased transport costs to dealers. Moreover, the general perception is that recent fuel prices have substantially reduced effort among all fishing sectors. For this reason, Council staff assembled and reviewed the available information on the current level of fishing effort to determine if a lesser amount of harvest reduction for grouper would be possible in the short-term. Although we commend the Council for addressing these concerns, we believe the speed at which these regulatory changes were scheduled to be implemented prevented the most up-to-date and potentially instructive information to be assembled and evaluated.

We also wish to voice concern regarding the disproportional impact these rule changes within the Interim Rule and Amendment 16 will have on individual states. For example, the impacts of these rules upon the commercial and recreational sector in the Murrells Inlet area of South Carolina were not considered. Additionally, the provision to prohibit the harvest of several species of shallow water grouper species from January through April coincides with the height of Florida’s tourist season, which will exacerbate the impact of this rule provision in that state. Moreover, although Amendment 16 was developed to address overfishing of gag grouper, the four-month closure is also being applied to several other species of reef fish caught in Florida, including red and black grouper. Ironically, very few gag grouper are caught in southern Florida, whereas 100% of the black grouper harvest occurs there. In the Florida Keys, where the economy relies heavily on fishing and tourism, anglers will not be able to fish for black and red grouper from January to May to help protect gag grouper, which is a relatively uncommon species in the Keys. We also note that the Gulf of Mexico Fishery Management Council has approved a two-month closure for shallow-water grouper in the Gulf of Mexico. The difference in the closed seasons for these species between coasts could result in enforcement issues.

Finally, the Council heard overwhelming public testimony regarding the economic impact of this closed season on commercial, for-hire, and private recreational fishers. We commonly heard estimates of 20 to 50% reductions in fishing business activity associated with the economic downturn. Consequently, we cannot fully support the Interim Rule or Snapper-Grouper Amendment 16 and respectfully ask that you consider more fair and equitable alternatives.

Sincerely,

Rita Merritt, Council Member, North Carolina
and on behalf of:
Tom Swatzel, Council Member, South Carolina
John Wallace, Council Member, Georgia
Tony Iarocci, Council Member, Florida
Mark Robson, Council Member, Florida

cc:
Roy Crabtree, National Marine Fisheries Service
Ken Haddad, Florida Fish and Wildlife Conservation Commission