Fishery News from S.O.F.A.

EVALUATION OF THE EFFICACY OF THE CURRENT MINIMUM SIZE REGULATION FOR SELECTED REEF FISH BASED ON RELEASE MORTALITY AND FISH PHYSIOLOGY

It is, as all these things are, a long and trying read.  There is a lot of information, summed up in very scientific terminology.  There are a few interesting conclusions that may be drawn from it, though.  The most intersesting seems to be the fact that this study makes it obvious that often the NMFS acts without considering or using what can easily be termed the “best available science” when they pass so many of their regulations.

The full report is here.

NMFS announces the availability of two new documents on the Atlantic HMS Management Division’s webpage.  Hard copies available upon request. Please contact Craig Cockrell at (301) 713-2347.

Apparently the “final rule” regarding shark fishing was no such thing.  It has been adjusted and corrected.

It doesn’t give back much, if anything, of value but it sure does provide an opportunity for a lot of wading, slogging, reading and boggling.  All 57 pages (at three columns per page) of it.

It is here: Corrected Final Rule (pdf)

As far as I can tell, the relevant parts of it, to any S.O.F.A. members who happen to hold directed shark permits anyway, are simply this:

Read all »

If you haven’t already seen the page, please check out our page for our new “Take The Pledge” program.   We would like to sign on as many restaurants as we can that serve fresh locally produced seafood so if you know of any in your area, either talk to them yourselves or bring them to our attention, please, so we can sign them up.

We’ll provide them with artwork for menus or advertising, window stickers, some promotion and a banner ad on our site in return for their pledge to only serve fresh wild caught grouper or snapper when their menu says “grouper” or “snapper”.

We’d appreciate all the help we can get to sign up as many restaurants as possible.  Surely there are a few out there that still serve what they advertise and charge for?

We’d like to print up some bumper stickers like the example below as well, (you should be able to click that image to see a much bigger one) but budget is always a consideration.  We’ll see how that goes.  Maybe a nice person with a print shop will step up to the plate.

I got an email from NOAA today reminding me that these applications are due on Tuesday, July 15th, 2008.  Consider the notice duly passed along.

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 pemi.its.

Download Application (pdf) Here.

NMFS announces the availability of an issues and options presentation and scoping meetings for management of Atlantic shark fisheries,

NMFS announcement.

Blacknose sharks?  They gotta be kidding.  How much tax money per year do you think the person who spent time putting the following PowerPoint presentation together draws?  No wonder Bush has asked Congress to up the NMFS budget by almost 30%.  What a joke.

The, (drumroll please) Presention.

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

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.

FB08-038 has been released and deserves your attention.  In part…

NOAA’s National Marine Fisheries Service (NOAA Fisheries Service) is seeking public comment on the Draft Environmental Impact Statement (DEIS)/Amendment 29 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico. The DEIS evaluates the Gulf of Mexico Fishery Management Council’s (Council) proposal to establish a regulatory program to reduce overcapacity and effort in the commercial grouper and tilefish fisheries. The Environmental Protection Agency announced the availability of the DEIS on July 3, 2008 (73 FR 38204).”

The EPA?

Yes, the EPA did indeed make that announcement.  It is so far buried that the government site that indexes the Federal Register failed to make mention of it but it is indeed buried posted on page 38,204 of the Federal Register…

EIS No. 20080256, Draft EIS, NOA, 00,
Amendment 29 Reef Fish Fishery
Management Plan, Effort Management
in the Commercial Grouper and
Tilefish Fisheries, Reducing
Overcapacity, Gulf of Mexico,
Comment Period Ends: 08/18/2008,
Contact: Roy E. Crabtree 727–824–
5301.

Read full text of the Fisheries Bulletin FB08-038 here.

Read full text (pdf) of the proposed Amendment 29 and the DEIS, outlining their preferred plans and other options  here.

From the program director of the Gulf and South Atlantic Fisheries Foundation, we received:

Attached please find the federal register notice of public hearings to be held with regard to the NMFS proposed revisions to National Standard 1 concerning the setting of Annual Catch Limits and Accountability Measures.  The Public Hearing for the Southeast will be held in St. Petersburg on July 15.[...]

Michael Jepson, Ph.D.
Program Director
Gulf and South Atlantic Fisheries Foundation
5401 W. Kennedy Blvd, Suite 740
Tampa, Florida  33609-2447
813-286-8390

The attached pdf is here.

Murkowski bill could help fuel-socked fishermen

ALASKA NEWSPAPERS STAFF
editor@alaskanewspapers.com

June 26, 2008 at 9:06AM AKST

Sen. Lisa Murkowski (R-Alaska) on Thursday introduced legislation that would provide commercial fishermen a temporary income tax credit to help them offset the high cost of fuel.

“The Fisheries Fuel Tax Relief Act of 2008, which I introduced today along with Sen. Ted Stevens, R-Alaska, as an original co-sponsor, would go a long way toward helping our fishermen out in these dire economic times,” Murkowski said.

read full article online here.

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 all »

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 all »

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.

The Office of Sustainable Fisheries (such a nice name) has released the latest on shark landings.  Who would have thought that with the fishery closed, per se, that the regulatory agency would continue to generate their churn of paperwork completely unabated?

I suppose after my own boat was chosen to carry an observer in the first trimester opening, a month after it had been announced that there would be no first trimester opening, nothing should surprise me.

For those of you interested:  http://www.nmfs.noaa.gov/sfa/hms/Landings_update_as_of_6-11-08.pdf

We just received the following press release:

“Once adversaries, now allies, recreational and commercial fishing groups met in Washington D.C. on Wednesday, June 18, to plan a united front and challenge federal authorities questionable management of the nation valuable fishing stocks.

Over-precautionary measures mandated by the Magnuson-Stevens Act have caused damage, both social and economic, to fishing communities throughout the United States.

Here’s the dilemma: If fishermen catch more fish; the government says they are “overfishing.” If fishermen catch fewer fish: the government says the stock is “overfished.” Either way, the fishermen lose.

In reality, catching more fish usually signifies a healthy, growing fishery. Catching fewer fish could be a signal of trouble.

In the case of gag grouper in the Gulf of Mexico and South Atlantic, one might expect fishermen to catch fewer fish due to the explosion of the more aggressive red snapper.  Ironically, red snapper populations are at a twenty year high, yet the restrictions are so strict, fishermen can only target the species two months out of the year and keep just two fish per angler.

Current assumptions used to determine the health of the stocks are far too precautionary and will guide any assessment toward the pessimistic. Last spring, Dr. Trevor Kenchington, a marine biologist with 30 years of national and international fisheries management experience, was hired by an unlikely union of commercial and recreational fishing groups to provide insight as to why the stocks appeared healthy to the fishermen, yet new regulations called for a nearly 50% cut in landings.
Among other things, Kenchington discovered that managers failed to take into account that fishing effort was down by 50%, thanks to runaway fuel prices. And when fishermen do head offshore, they don’t go as far, or for as long, as previously thought, which results in fewer and smaller fish being caught.

Stocks of red and gag grouper and red snapper are 15- to 25-year highs. This new consortium of fishing groups, recreational and commercial, will fight to see that common sense prevails.”

Our sincere thanks to all who took part.  If we all stick together and continue to work in this manner, maybe the fishermen and their families do have a chance of survival.

We’re rooting for common sense to prevail !

All owners and all operators of vessels in bottom or pelagic longline fisheries with an HMS permit must attend those Safe Handling seminars if you want to keep renewing your permits.  NOTE:  This includes directed and indirect permits.  Don’t make the mistake of thinking that because you don’t target shark, for instance, and only have a permit to bring in one once in a while as incidental catch, that this doesn’t apply to you.  You will lose that Limited Access Shark Indirect Permit or that Limited Access Swordfish Indirect Permit if you do not get the certificate that says you attended one of these workshops.

Make sure you take note of the schedule and attend one close to you when it comes around. If you miss the one nearby you will really resent having to make an out of town trip with the added expense of fuel and hotel rooms added to the time you will spend listening to an infomercial and learning how to do something you either already know how to do or may well never be called upon to do.

Shark ID workshops (required for dealers)

Safe Handling and Release Workshops (required for owners and operators)

Federal Register entry.

Despite mounting opinion and evidence that they really do no good, NOAA is proceeding with plans for more “Protected Marine Areas”, this time around eight at a whack in the Southeast Atlantic.

FB08-036

“The primary purpose of implementing these MPAs is to
protect a portion of the population and habitat of long-lived,
deep-water snapper grouper species (speckled hind, snowy
grouper, warsaw grouper, yellowedge grouper, misty
grouper, golden tilefish, and blueline tilefish) from directed
fishing pressure to achieve a more natural sex ratio, age, and
size structure, while minimizing adverse social and economic
effects.”

Can somone explain to us how shutting down more and more productive areas of the bottom helps to “minimize adverse social and economic effects”?

Anyone else feeling a twinge of concern over sending the NMF your position 24/7 while you are out fishing? We wonder how they will determine what the next areas that need closing in order to protect our target species will be.

“The use of shark bottom longline gear would also be
prohibited within the MPAs.”

When NOAA and NMFS set up an MPA in the northern Gulf of Mexico a while back, they apparently forgot about this detail and it was, since the “intent” of that particular MPA was to protect the population and habitat of gag grouper, left open to fishing for HMS. The guys on the research boat that regularly plies the waters of that MPA had a fit and tried to convince any shark boat that ventured close to their private preserve to get out right away.

Seems that, despite the fact that shark gear is STILL not going to catch the majority of the species being “protected” in these MPAs, the scientists have once again gotten their way. Despite the fact that they are very much imposing economic hardship on fishermen, the power of our government to prevent us from making a living will continue to grow and expand like a tumor.

More blather from our favorite bureaucrats…

NMFS Adjusts Highly Migratory Species International Trade Permitting and Reporting

Federal Register Notice June 4, 2008

Now Playing: Sonny & Cher - The Beat Goes On

FB08-035 has been released and concerns “Bycatch Reduction Devices” being used in the shrimp industry.  Perhaps nobody at NMFS has noticed that shrimpers, for the most part, can’t afford the fuel to leave the dock in order to drag a net around and catch any bycatch.

Regardless, they apparently aren’t done making them re-build their gear.  Not just yet, anyway.

FB08-035