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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 www.joinrfa.org/Press/FlexibilitySupporters_061809.pdf.
For background information on MRFSS, visit
www.joinrfa.org/Press/RFA_MRFSS.pdf. |
