Archive for category Regulations

NOAA Announces an Individual Fishing Quota (IFQ) Program for Groupers and Tilefishes in the Gulf of Mexico

FB09-o48 has arrived. It lays out some dates leading up to the January 1, 2010 implementation of the Grouper IFQ program. No big surprises here. Nice to get some solid information, though.

On July 2, 2009, NOAA Fisheries Service approved Amendment 29 addressing new commercial regulations for Gulf of Mexico reef fish. A final rule implementing these regulations published in the Federal Register on August 31, 2009. The rule establishes a grouper and tilefish IFQ program for commercial fishermen in the Gulf of Mexico, establishes design elements of the IFQ program, makes changes to the red snapper IFQ program to align that program with the grouper and tilefish IFQ program, allows consolidation of reef fish commercial vessel permits, and establishes dual classifications for speckled hind and warsaw grouper. Most provisions of the rule are effective January 1, 2010; however, some provisions will be effective earlier to allow for operations required prior to implementation.

Full text available here.
Full pdf available here.

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NOAA Announces Four Month Closure Of “The Edges”…

FB09-042 has arrived.

It announces the finalizing of the new rule regarding the yearly four month closure (Jan 1 to April 30) of the area in the Northern Gulf NMFS is now calling “The Edges”

NOAA ANNOUNCES THE FOUR MONTH CLOSURE OF “THE EDGES” TO PROTECT GAG AND OTHER GROUPERS DURING SPAWNING IN THE GULF OF MEXICO

NOAA Fisheries Service published a final rule implementating new regulations closing the area known as “The Edges” in the Gulf of Mexico from January 1 through April 30. The final rule published in the Federal Register on June 24, 2009 (74 FR 30001).

The boundaries of this new closed area are as follows:

  • NW Corner: 28° 51′ N / 85° 16′ W
  • NE Corner: 28° 51′ N / 85° 04′ W
  • SW Corner: 28° 14′ N / 84° 54′ W
  • SE Corner: 28° 14′ N / 84° 42′ W

Full text of this Fishery Bulletin is here in pdf format.

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Emergency Rule: Bottom Longline Restrictions

Apparently the “compromise” worked out between industry reps and the Gulf Council and mentioned in the previous post to this blog wasn’t good enough.

FB09-027 has arrived and it is a doozy.

NOAA Fisheries Service implemented an emergency
rule, effective May 18, 2009, through October 28, 2009,
to reduce the sea turtle bycatch in the Gulf of Mexico
bottom longline reef fish fishery. The emergency rule
prohibits bottom longlining for Gulf reef fish east of
85o30’W longitude (near Cape San Blas, Florida) in the
portion of the Exclusive Economic Zone shoreward of
the provided waypoints (see table). The boundary
generally follows the 50-fathom depth contour (see
map). Once the deepwater grouper and tilefish quotas
have been filled, the use of bottom longline gear to
harvest reef fish in water of all depths east of 85o30’W
longitude will be prohibited.

Full text of the bulletin is available here.

The bulletin came from SERO (Southeast Regional Office) and says “For additional information on this bulletin, please contact Cynthia Meyer”, but it doesn’t give a way to reach her.  The website is http://sero.nmfs.noaa.gov and the contact information in the email is all for Barbara Niswander, Division Secretary of the SERO office.  If you want to voice your opinion you may have to contact Ms. Niswander at  Barbara.Niswander@noaa.gov and ask for more details.

If you want to receive Fishery Bulletins via email as soon as they are published you can send an email to

SERO.Communications.Comments@noaa.gov

and request to be put on their list.

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Control Date Established for the Gulf of Mexico Commercial Reef Fish Fishery

Fishery Bulletin FB09-020 addresses the control date for the Gulf of Mexico Commercial Reef Fish Fishery which NOAA proposes establishing as December 31, 2008.

Full document available here.

For additional information on this bulletin, please contact Cindy Meyer at Cynthia.Meyer@noaa.gov.

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Public Comment Period Open

They have opened a public comment period on the petitions and threats submitted to NMFS which were detailed in the previous entry on this blog.

It has been obvious in the past that they listen very little to these public comments, but it can’t hurt to let others know how we feel. Please make a comment, let them know how you feel.

Links to the comment pages and suggestions for commenting are here.

Other links to ways you can contact “Public Servants” and let them know how you feel can be found on the front page of the S.O.F.A. site.

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Fishery Bulletin 09-016 Has Arrived…and it’s a puzzle

NOAA released FB09-016 today.  It is a notice letting everyone know that NOAA has received what it terms “two requests for emergency rulemaking to reduce loggerhead sea turtle bycatch.”

Two “requests”?  Read the rest of this entry »

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Contact your Senators and Congressmen

The Environmental Groups pushing to have the bottom longline fishery closed down over the incomplete and flawed data they present as fact have a well financed and organized campaign going on delivering thousands of electronic “signatures” and messages to the people who will be making the final decision on this very important issue.

We don’t have the financing they have but we have made it as easy as we can for you to contact your representatives as well as some of the fishery regulatory personell and express your opinion on the matter.  Please don’t sit back and say nothing, it will only take you a few minutes of your time.

Go Here To Get Started

Thank you for your interest and time.

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Council Takes Reef Fish Committee Recommendation and Makes It Worse

The Gulf Council took the horrible recommendation from their Reef Fish Committee to close longlining inside 300 feet for 5 months out of the year and made it much worse.  They are asking the NMFS to move everyone out beyond 300 ft (50 fathoms) until the deep water quota is filled — which won’t take long with the entire fleet now targeting them — and then shut down the healthy and unstressed red grouper longline fishery entirely once the deep water quota is filled.

Specifically, the council initiated an emergency rule prohibiting longline gear in waters shallower than 50 fathoms for a six month period, effective as soon as possible.

Once again we wonder how they can justify putting so many people out of work during such trying economic times over an issue that is based on questionable figures extrapolated from a very small observed sector of the fishery.

This “emergency measure” still has to be approved by the NMFS.

Please note that it is based entirely on “estimates” that were extrapolated from the actual observation of 18 sea turtle interactions.  Thats 18.

A September 2008 federal report estimated that over the course of 18 months ending in 2007, 974 sea turtles were captured on longlines in the eastern Gulf — exceeding limits set under the Endangered Species Act. The majority of the captures were treatened loggerhead sea turtles. The report estimated that 325 of the turtles died, 433 were released alive, and the fate of another 216 was unknown.

Gulf Council officials said the closure, once implemented by National Marine Fisheries Service, can be in effect for up to six months while the council considers other long-term solutions. The closure could be renewed by the council for another six months, if necessary, officials said.

(Quoted from an article by Katherine Sayer on al.com)

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Important Gulf Council Meeting Opens Today

The Gulf Council is meeting today through Thursday in Bay St. Louis Mississippi at the Hollywood Casino and the future of the bottom longline fisheries in the Gulf of Mexico is one of the pivotal points to be addressed.  There are other very important issues that will be taken up, aquaculture proposals for the Gulf of Mexico and Final decisions on Amendment 29 (IFQs), but none may be of greater importance to all Gulf Fishermen than the Longline vs. Sea Turtle issue.  If the bottom longline industry is closed down or severely restricted in their ability to target red grouper, the value of everyone’s future stake in the fishery, IFQ shares or whatever it may be, may be negatively impacted to a huge degree.

Our S.O.F.A. representatives will be in attendance, as will people from GFA and other fishery groups, and we will bring you any news coming from the meetings as soon as we get it.  In the meantime, if you are anywhere near Bay St. Louis, MI and can make it there to speak up, it would be a very good idea.

Grouper Forum Agenda

Committee Schedules

Council Agenda

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Conservation Groups Threaten Lawsuit Over Phantom Sea Turtles

Once again the fisheries in the Gulf of Mexico are under attack, this time over phantom sea turtle mortality rates.  Using figures that are at best questionable and most likely ridiculously and intentionally over-stated, a coalition of conservation groups is attempting to coerce the NMFS into shutting down bottom longlining in the Gulf of Mexico by threat of lawsuit.

These groups are well funded and determined to shut down this fishery, either for their own selfish reasons or just out of a misguided sense of a need to protect something from people who are not the threat.  This bears our immediate attention.  Please speak up, demand better science (as always) and don’t let special interest groups take away our livelihood by the use of false premise and outright lie.

The coalition asks that the commercial bottom longline fishery be suspended until the National Marine Fisheries Service meets its legal obligations under the Endangered Species Act to ensure that the fishery does not imperil sea turtles and other threatened species in the Gulf of Mexico.

“Allowing this fishery to continue to kill threatened and endangered turtles while the government studies the problem is irresponsible and illegal. It’s like refusing to turn off a leaking gas valve when you’re trying to put out a house fire. The law and the science are clear: These animals have to be protected right now,” said Andrea Treece, an attorney with the Center for Biological Diversity.

See full news release regarding this threat here or from the Fishery News links on the main S.O.F.A. menu.

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Gulf of Mexico Commercial Grouper and Tilefish Individual Fishing Quota Program (IFQ) Referendum Result

The results are in and the vote is a pretty substantial YES. 81% Yes to 18% No. At least it is a definitive margin.

Now, how long before this gets implemented?

Full text of the NOAA report…. Read the rest of this entry »

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Important IFQ update – FB08-067

Yesterday, the mailman brought the IFQ Referendum Ballot via registered mail. If you didn’t get yours yet, or don’t get it very soon you might want to ask why not.

Today, the emailman brought FB08-067 which is titled:

Gulf of Mexico Commercial Grouper/Tilefish  Individual Fishing Quota Program Referendum Being Conducted

It states the obvious and provides a couple of generic links to the NMFS sites where you can then search (often fruitlessly) for the information they tell you they are linking to.  Ain’t bureaucracy great?

Read the rest of this entry »

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NOAA SEEKING PUBLIC COMMENT ON A SHALLOW-WATER GROUPER AMENDMENT SUBMITTED BY THE GULF OF MEXICO FISHERY MANAGEMENT COUNCIL

Hoo boy, here we go.

FB08-059 has arrived and it may be important to you. It is in regards to NOAA’s Amendment 30B to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico. You know, that resource we all used to depend upon to make a good honest living.

Purpose of the Amendment 30B
The purpose of Amendment 30B is to end overfishing of gag, revise red grouper management measures as a result of changes in the stock condition, establish annual catch limits (ACLs) and accountability measures (AMs) for gag and red grouper, manage the shallow-water grouper (SWG) fishery to achieve optimum yield, and improve the effectiveness of federal management measures.

We strongly recommend that you read the entire amendment carefully and think just how all those different “new rules” would impact you. We also strongly recommend that you then exercise your right to make comment.

Full text of the Bulletin is here (in pdf format.)

Here is a direct link to the appropriate comment page. The fields with a red asterisk are required.

Say your piece. Do try to make good points and refrain from just calling them names, but at least let them know how you feel.

If for some reason that direct link to the comment page doesn’t work, go to http://www.regulations.gov and then enter “NOAA-NMFS-2008-0203″ in the key word search box, make sure the option below the box for “Select to find documents accepting comments or submissions” is checked and that should take you to the comment page.

You can also send comments by mail if you want to.

● Mail: Peter Hood, Southeast Regional Office, NOAA Fisheries Service, 263 13th Avenue South, St. Petersburg, Florida 33701.
● Fax: 727-824-5308, Attention: Peter Hood.

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Atlantic Tuna Longline permits and Atlantic shark ID workshops

Yaaawwwnn.  More new rules.

NMFS announces changes to the regulations governing the renewal of Atlantic tunas longline permits, and Atlantic shark identification workshop attendance requirements.
NMFS announcement

Federal Register Notice

Regulatory Impact Review

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Amberjack and Gray Triggerfish…..what next?

Fishery Bulletin FB08-040 has been released. So much for all those amberjack numbers…

NOAA FISHERIES SERVICE ANNOUNCES THE PUBLICATION OF A NEW RULE TO END OVERFISHING AND REBUILD GREATER AMBERJACK AND GRAY TRIGGERFISH STOCKS

Dunno about anyone else but I’m fed up with new rules.  It’s like playing Calvinball with Calvin and Hobbes.  The rules change quicker than the ball flies.

Anyway, here it is.  All the triggerfish and amberjack can rest more peacefully now.

I’ll be hopping on one foot with my left ear plugged and my hat on backwards for the next few minutes.

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USCG Proposing substantive amendments to fishing industry safety regulations.

The U.S. Coast Guard is proposing substantive amendments to its commercial fishing industry vessel safety regulations, specifically for vessels in the 50 to 79 foot range.  If you own or operate a vessel within that range, you should take notice of this.

Highlighted points of the proposal.(pdf)

Full text of the National Register Entry.(pdf)

Full Docket of related government materials and data.

On March 31, 2008, the Department of Homeland Security posted an Advanced Notice of Proposed Rulemaking (ANPR) that has the potential to impact certain commercial fishing vessels.  The Coast Guard is developing a set of proposed amendments to enhance maritime safety through changes to commercial fishing industry vessel regulations.  The proposed changes would add new requirements for vessel stability and watertight integrity, stability training and assessments, vessel maintenance and self-examinations, immersion suits, crew preparedness, safety training, emergency preparation, safety and training personnel, safety equipment, and documentation.  Miscellaneous conforming, clarifying, and other administrative changes are also contemplated.

Public response is being solicited and this will be your only chance to speak up if this affects you or your boats.

Comments and related material must reach the Docket Management Facility on or before July 29, 2008.  You may submit comments identified by Coast Guard docket number USCG-2003-16158 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:

(1) Online: http://www.regulations.gov.

(2) Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground        Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

(3) Fax: 202-493-2251.

(4) Hand deliver: Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.


Following is the list of the 30 questions included at the end of the Federal Register Notice to which the Coast Guard is requesting public response.
Read the rest of this entry »

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NMFS Proposes Annual Catch Limits in Federal Register Entry

In 21 pages of 3 column dense scientific terminology, the NMFS, in order to comply with its interpretation of the Magnusen-Stevens Act, has filed an entry in the Federal Register that, while expected, is nontheless disturbing in both its scope and its obvious holes.

Proposed rules (pdf)

According to one article in a scientific publication, the proposal faces “severe data gaps” and “could have staggering consequences”.

Not surprisingly the proposals were welcomed by the Environmentalists, particularly Lee Crockett of the Pew Environmental Trusts, who called the language “a pleasant surprise”.

The rigorous stock assessments and marine surveys, not to mention the increased manpower at NMFS, that this proposal will take is not going to be cheap but have no fear, President Bush has helpfully requested that NOAA’s $31,600,000.00 budget be increased by no less than 28 % next year to cover the increased cost of fishery management and Congress seems to feel that will be just fine.

Read on to read text of article from “Science Magazine”.

Read the rest of this entry »

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“Research Fishery”? Now there’s another fine turn of the language.

The NMFS is opening what they are terming a “Research Fishery” for LCS in the Atlantic and Gulf.  Don’t get too excited, they intend to issue “apporoximately 10″ of these permits, but if you qualify you may well want to apply.

NMFS Requests Applications for Participation in the Atlantic Highly
Migratory Species 2008 Shark Research Fishery
The National Marine Fisheries Service (NMFS) requests applications for participation in the 2008 shark research fishery. The shark research pennits would authorize participation in the shark research fishery and the collection of sandbar and non-sandbar large coastal sharks (LCS) from Federal waters in the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea for the purposes of scientific data collection subject to 100 percent observer coverage. Generally, these pennits will be valid through December 31,2008, unless otherwise specified, subject to the tenns and conditions of individual pemits. .

It seems all you have to do is toe the line, comply with what used to be a voluntary program (the USCG inspection stickers), and have not done anything in the past to have pissed anyone at NMFS off in any way…and they will consider giving you a permit to participate in this “Research Fishery”.  You will have to agree to full observer coverage and apparently anything else anyone involved with NMFS feels like putting in the rule book, but you may well be able to get a permit to engage in some sort of limited opening extremely restricted entry fishery.

Qualified applicants are those that:

  • possess a valid directed or incidental shark permit;
  • possess a valid United States Coast Guard (USCG) safety inspection decal;
  • have not been charged criminally or civilly (i.e., issued a Notice of Violation and Assessment (NOVA) or Notice of Permit Sanction) for any HMS related violation;
  • have complied with NMFS observer programs and are able to take a NMFS-approved observer; and,
  • submit a completed application by July 15, 2008

No telling what other conditions they will impose based on language like this:

“NMFS will randomly select approximately 10 qualified applicants to participate in the 2008 shark research fishery based on the temporal and spatial needs of the research objectives, the available quota, and the availability of the qualified applicants.”

The line forms here:

The NMFS’s proposal is here: NMFS Request for Applications

Federal Register Notice is here.

And the Shark Research Fishery Application Form is available here.

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SOUTH ATLANTIC TILEFISH TRIP LIMITS AND ROCK SHRIMPING RULES

Southeast Fishery Bulletins FB08-033 and 034 have arrived. Don’t those people ever get tired of this stuff? Notice the numbering convention is three digits? Does that mean that presumably they plan on sending more than 100 of these bulletins this year?
.

Is their pay scale somehow linked to quantity of paper work generated?
.

OK, that was a rhetorical question. Of course it is.
.


FB08-033 – GOLDEN TILEFISH TRIP LIMIT DECREASED TO 300 POUNDS PER DAY FOR COMMERCIAL HOOK-AND-LINE VESSELS IN THE SOUTH ATLANTIC

(Corrected version is here in pdf format)
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NOAA FISHERIES SERVICE REMINDS SOUTH ATLANTIC ROCK SHRIMP FISHERY PARTICIPANTS OF DEALER PERMITTING REQUIREMENTS

(Bulletin in here in pdf format)

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NMFS ANNOUCES A PROPOSED RULE…

…to Authorize Green-stick and Harpoon Gear in the Atlantic Tunas Fishery and to Require a Sea Turtle Control Device in Pelagic and Bottom Longline Fisheries.

Just one proposed rule for all that?

This all sounded ok until the curious addition of the “Bottom Longline fishery” to some rules regarding Atlantic Tunas and Pelagic fisheries.

What exactly is this “turtle control device” and just how is it deployed on a typical bottom longline? What bottom longline fisheries do they have in mind? Read the rest of this entry »

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