Gulf Gag Grouper closure looms large - July 7, 2010

The Gulf Council's inability to create regulations for the Gulf gag grouper fishery has lead it to ask the National Marine Fisheries Service (NMFS) to use an interim rule to close gag grouper in the Gulf for the first six months of 2011.  The NMFS can extend the closure for another 186 days with no further discussion, comment or input. Use of the Interim Rule avoids the rounds of public input required for a normal rule.  It in effect circumvents the public input part of the rulemaking process.

Based on fatally flawed information and wholly inadequate science, the gag stock assessment provided some very uncertain landings estimates.  The move to manage to the low end of the range of uncertainty causes an artificially low level of 'allowable catch', as opposed to managing to the middle of the range of uncertainty, which produces a far more realistic landings target.

Simply put, the recreational effort estimates are clearly higher than anyone can believe.  This causes landings estimates to be excessive.  The discard rate is obscenely high and the stock assessment ignores the shallow depths at which most gags are caught.  The 'red tide model' used in the assessment is laughable.  The scientists ignored any logical explanations of fish movement due to the red tide, opting instead to stick with the idea that red tide simply killed 1 in 4 grouper in the entire gulf in 2005.

The FRA's legal counsel is reviewing litigation options at this time.  The FRA has set legal precedent in a past legal challenge to an interim rule, which was the ONLY court loss ever suffered by NMFS on an interim rule.  It is hard to sue and even harder to win over an interim rule, mainly because of the short time frame within which an interim rule is published, implemented and then expires.

NMFS makes many of the scientific calculations behind closed doors.  No accountability, no transparency.  Nearly every scientist involved in the stock assessment process works directly for NMFS or relies on NMFS funding for a paycheck.  There are few fisheries science jobs available outside of the NMFS reach.  Biting the hand that feeds you will usually cut off your food source, keeping the dissenting scientists on a short leash. 

We will wait until the interim rule is written before we suggest taking action.  Stay tuned.

Standing watch.

Denny O'Hern

Executive Director

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Below are the documents for the hearing, as well as talking points to help you develop your comments.  IF YOU CAN NOT ATTEND A MEETING, SUBMIT WRITTEN COMMENTS.  gulfcouncil@gulfcouncil.org

SCOPING DOCUMENT AMEND 32

TALKING POINTS AMENDMENT 32

REVISED TALKING POINTS HERE

Talking points for comments

Get the scoping document (32 pages, pretty easy read) and the Gulf Council announcement along with meeting location information at www.thefra.org/gag32.htm .

Wave 3 only

Hearing locations and dates

All meetings begin at 6 PM local time.

All meetings begin at 6:00 p.m. & conclude no later than 9:00 p.m.

Monday  January 11, 2010

**Monroe County Harvey Govt Center

1200 Truman Avenue

Key West, FL 33040

Holiday Inn

5002 Seawall Boulevard

Galveston, TX 77551

409-740-3581

Tuesday  January 12, 2010

Best Western

7921 Lamar Poole Road

Biloxi, MS 39532

228-875-7111

*Hilton

950 Lake Carillon Drive

St. Petersburg, FL 33716

727-540-0050

Wednesday  January 13, 2010

**Ramada Inn

4760 S. Cleveland Avenue

Ft. Myers, FL 33907

239-275-1111

Fairfield Inn & Suites

3111 Loop Road

Orange Beach, AL 36561

251-513-4444

Thursday  January 14, 2010

*The Boardwalk

9600 S. Thomas Dr.

Panama City, FL 32408

850-234-2154

Tuesday  January 19, 2010

Crowne Plaza

2829 Williams Road

Kenner, LA 70062

504-467-5611

A Note on Scoping from the Gulf Council:
Scoping is the process of identifying issues, potential impacts,and reasonable alternatives associated with the issue at hand.It provides the first and best opportunity for the public to make
suggestions or to raise issues and concerns before the councilbegins developing an amendment.

* Note a scoping meeting format change for these meetings. Two rooms will be used - one room where participants can get
answers to questions about the proposed amendment, and the other room for participants to provide input.

** Note a scoping meeting format change for these meetings. An informal roundtable discussion regarding the proposed
amendment will be held during the first hour of the meeting, from 6:00 p.m. - 7:00 p.m. Public input will be taken beginning no
later than 7:00 p.m. and ending no later than 9:00 p.m. 

Written comments may be submitted to the address below, or via email to: Amendment32@gulfcouncil.org
Comments should be received by January 26, 2010.