The final rule:
•  Establishes a January-April prohibition on recreational and commercial harvest of shallow water grouper species including gag, black grouper, red grouper, scamp, rock hind, red hind, coney, graysby, yellowfin grouper, yellowmouth grouper, and tiger grouper.
•  Establishes a November-March prohibition on recreational harvest of vermilion snapper.
•  Modifies the vermilion snapper commercial quota and establishes a gag commercial quota.
•  Establishes reductions in recreational bag limits for vermilion snapper, gag, black grouper, and the grouper aggregate.
•  Implements a requirement for the commercial and recreational sectors to use dehooking tools when necessary.

See attached for more details including a table with all new regulations.

Here’s an update from the March meeting:

The South Atlantic Fishery Management Council voted to request an interim rule for red snapper that would close the fishery in federal waters for both commercial and recreational fishermen for 180 days with a possible extension of 186 days.  The request for the closure, directed to NOAA Fisheries Service, is designed to help address overfishing for red snapper until more long-term management measures are implemented. A 2008 stock assessment for red snapper in the South Atlantic region shows the stock continues to be overfished and is undergoing overfishing at nine times the sustainable level.  If approved, it is anticipated the closure would be implemented in late June or early July, 2009.

    The controversial decision to request the interim rule was made in a split vote, 7 to 6 after the Council heard public testimony during its meeting last week in Jekyll Island, Georgia.  Fishermen questioned the recent stock assessment and the need for a closure of the fishery, many saying they have observed increases in the number of red snapper, especially along the Georgia and northeast Florida coasts.  The stock assessment, conducted through the Southeast Data, Assessment, and Review (SEDAR) process, attributes these increases to strong year classes of red snapper in 1998 and 1999 that have now reached legal size.  However, the updated assessment shows the stock continues to be overfished and has been experiencing overfishing since the 1970’s.

    “There is not a tougher decision than closing a fishery,” said Council Chairman Duane Harris.  “We’ve delayed this vote until now, but the law requires that we have measures in place to address overfishing by this July.”  The Council received notice on July 8, 2008 from NOAA Fisheries Service that overfishing was occurring for red snapper.  The Magnuson-Stevens Act requires the Council to develop regulations to end overfishing within one year of notification.  As a result, the Council began preparing Amendment 17 to the Snapper Grouper Fishery Management Plan that includes measures to end overfishing and establish a rebuilding plan for red snapper.  However, the amendment is currently under development and is not expected to be implemented by the July deadline.

December 3, 2008

Media Contact:
Kim Amendola - NOAA Fisheries Service
727-403-6533
Interim Measures for Gulf of Mexico Gag, Greater Amberjack, Red Snapper, and Gray Triggerfish Effective January 1, 2009

  NOAA’s National Marine Fisheries Service published a final rule implementing interim measures in the Gulf of Mexico reef fish fishery.  The rule published in the Federal Register on December 2, 2008, and the measures are effective January 1, 2009.  The Gulf of Mexico Fishery Management Council requested the temporary rule to be effective at the beginning of 2009 to address overfishing of gag, as well as red snapper, greater amberjack, and gray triggerfish until more permanent measures can be implemented through Amendment 30B to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico.

The interim rule will:
•  Establish a two-fish gag recreational bag limit (recreational grouper aggregate bag limit will remain at 5 fish)
•  Adjust the recreational closed season for gag to February 1 through March 31 (the recreational closed season for red and black groupers will remain February 15 to March 15)
•  Establish a 1.32 million pound commercial quota for gag
•  Require operators of federally permitted Gulf of Mexico commercial and for-hire reef fish vessels to comply with the more restrictive of federal or state reef fish regulations when fishing in state waters for red snapper, greater amberjack, gray triggerfish, and gag

A full copy of this fishery bulletin is available at: http://sero.nmfs.noaa.gov/bulletins/pdfs/2008/FB08-066 IR Amend 30B.pdf

South Atlantic Fishery Management Council    
News Release    
September 23, 2008   CONTACT: Kim Iverson
Public Information Officer
(843) 571-4366

Council Approves Amendment 16 to End Overfishing

Interim rule will implement measures for gag, black grouper, and red grouper by early 2009

(New!: NOAA Fisheries Service FAQ now available on Amendment 16 and the interim rule)

    The South Atlantic Fishery Management Council gave final approval to Amendment 16 to the Snapper Grouper Fishery Management Plan during its meeting in Charleston, South Carolina this past week. The amendment includes measures to end overfishing of gag grouper and vermilion snapper, including a 4-month spawning season closure for gag and shallow water grouper, reductions in bag limits, commercial quotas, and other measures. Approval of Amendment 16 was delayed during the Council’s June meeting when the Council agreed to consider additional management measures for analysis in the amendment. However, after considering the analysis of the additional options and receiving public comment as part of the week-long meeting, the Council moved forward to approve their original preferred management measures in Amendment 16. The vote was not unanimous, with Council members voting eight to five in favor of approval. Those Council members opposing approval of the amendment have declared they will file a minority report. The amendment will go through review by the National Marine Fisheries Service and receive approval by the Secretary of Commerce before management measures are implemented. It is estimated the review process will take several months.

    The Council’s actions are driven by mandates from the Magnuson-Stevens Reauthorization Act that require fisheries managers to implement measures to end overfishing within a one-year period after overfishing has been identified. Both gag grouper and vermilion snapper stocks were identified as undergoing overfishing through the Southeast Data, Assessment, and Review (SEDAR) stock assessment process in June 2007. An age-based SEDAR stock assessment for vermilion snapper is currently underway and the results of the recent Assessment Workshop, part of the three-step stock assessment process, is indicating the stock status might be better than originally reported. The Review Workshop is scheduled for October 20-24, 2008 in Savannah, Georgia and is open to the public. Amendment 16 contains a provision that would allow adjustments to the reduction of vermilion snapper if necessary, based on the updated assessment. The final stock assessment results will be reviewed by the Scientific and Statistical Committee and the Council during the November 30 – December 5, 2008 meeting in Wilmington, North Carolina.

    Measures in Amendment 16 to end overfishing for gag include: a spawning season closure January through April for both commercial and recreational fishermen for gag and other shallow water groupers including black grouper, red grouper scamp, red hind rock hind, yellowmouth grouper, tiger grouper, yellowfin grouper, graysby, and coney; a commercial quota for gag of 352,940 pounds gutted weight. After the quota is met, all purchase and sale of shallow water grouper would also be prohibited; reducing the 5-grouper aggregate bag limit to a 3-grouper aggregate bag limit and the existing bag limit from 2 gag or black grouper to 1 gag or black grouper; and excluding the captain and crew on for-hire vessels from possessing a bag limit for groupers. Additional measures for vermilion snapper, including commercial quotas, bag limits and a recreational closed season are likely to be modified following the stock assessment. The amendment also establishes interim allocations for both gag and vermilion snapper.

    “These measures should end overfishing for gag and vermilion snapper,” said Council member Mac Currin, Chairman of the Snapper Grouper Committee. “Everyone is hopeful that the ongoing age-based assessment of vermilion snapper will allow the Council to reduce the measures impacting fishermen.”

Interim Rule
    In order to end overfishing for gag grouper, black grouper, and red grouper as required by the Magnuson Act, the Council approved an interim rule to implement reductions in fishing mortality as specified in Amendment 16. The Council’s vote to approve the interim rule was also split, with 8 members in favor and five opposed.  The interim rule includes the 4-month spawning season closure for gag, black grouper, and red grouper; the commercial quota for gag, with the harvest of black grouper and red grouper prohibited once the quota is met; and reductions in the recreational bag limit. Black grouper and red grouper are included in the interim rule because they are also experiencing overfishing and there is a bycatch of gag when black and red grouper are targeted. Earlier provisions to address overfishing for vermilion snapper and red snapper through the interim rule were removed and red snapper will be addressed by the Council during its November 30-December 5 meeting. An interim rule can only be used to address species undergoing overfishing and would be in effect for 180 days. The rule can be extended for an additional 186 days if necessary. Provisions of the interim rule with respect to federally permitted vessels for South Atlantic snapper grouper would apply regardless of where the fish are harvested (i.e., in state or federal waters). The Council’s intent is to have the interim rule effective by January 1, 2009.  Letter from SAFMC Requesting Interim Rule

Elections
    During its meeting, the Council elected Council member Duane Harris as its new chairman and David Cupka to serve as vice-chair. Mr. Harris, an obligatory member of the Council from St. Simons Island, Georgia, replaces George Geiger of Sebastian, Florida as Council Chair. Formally serving as vice-chair, Chairman Harris has a long history of service to the Council, initially serving as a representative of the Georgia Department of Natural Resources’ Coastal Resources Division and continuing his service after retiring as director of the division in 2003. Vice-Chairman Cupka also has a long history with the Council, serving as the South Carolina representative for the Department of Natural Resources’ Marine Resources Division before his retirement and currently serving in an at-large position.

    The next meeting of the Council is scheduled for November 30-December 5, 2008 in Wilmington, North Carolina. For additional information regarding Council meetings, including briefing book materials, committee reports, and summary motions from the September 2008 meeting, visit http://www.safmc.net or contact the Council office.

Of particular interest right now is a proposal from the ACOE to increase the minimum steel thickness (for artificial reef materials) from the current 1/8th inch to at least 1/4 inch (originally they were trying to get 1/2 inch).  If passed, the highly successful private artificial reef programs in Northwest Florida would die.  As a matter of fact, state and county artificial reef programs that use old barges and tugs may not pass the 1/4 inch test.

Recently the taking of Baardman(Tassels) inside of the Aliwal MPA was under scrutiny. This is a resident fish and there is obviously a risk to the population if the catch is not controlled. I have seen numerous specimens whilst freediving but have yet to see one while Scuba diving or for that matter caught with rod and line. So limit the take by all means. Allow a Spearo to take one or two based on solid research. The final decision: No Parrotfish or Wrasse may be taken in the MPA? To impose a blanket ban is ludicrous. It is not based on any sound scientific research and smacks of the bunny-hugging fraternity’s ban the take of anything. This is just pandering to the Scuba enthusiasts. Already no fishing takes place over the crown area and a very small area of this is utilized by the Scuba operators. Why the blanket ban over the entire MPA? I love my Scuba diving and enjoy the crown area immensely but it is foolish to harshly impose poorly thought out regulations of this nature. After all we do represent the most ecologically friendly method of fishing. There is no waste, no bycatch and our impact is negligible. The same cannot be said for SAPPI SAICCOR’s garbage being poured out over the protected crown area!

Recently I read Gletwyn’s Blog and the indication is that the MCM is considering banning all diving Scuba/Spearfishing in certain areas around Port Elizabeth in an effort to curb poaching. So that means that since the MCM patrol boat and the local police have been ineffective at curbing the poaching, we all have to suffer a poorly conceived ban. This is ridiculous. Why not take the ineffective Magistrate’s to task, when they hand down light sentences to poachers, or the police, when they obviously ignore the poaching activity on their doorstep.

Another decision pending, the banning of all Yellowfin Tuna Spearfishing off Cape Point. Every Yellowfin Tuna taken by a Spearo has been photographed and probably published. Why? Because it is a feat that is near impossible to accomplish. Compare that with the wholesale slaughter of Yellowfin Tuna by commercials. I do not believe that more than 1 Yellowfin Tuna is landed by a Spearo for every thousand taken by any other means. Spearfishing’s impact on Yellowfin Tuna is so tiny as to be insignificant!

In conclusion it would appear that if you are a big commercial enterprise, then you are free to spew your garbage into the Ocean (SAPPI SAICCOR is a case in point). If you are ineffective at law enforcement then you can visit your apathy on all the law-abiding members of the public at will (SAPS and MCM). The poachers operate illegally at this stage, is MCM so naive that they think the ban is going to make any difference?

Get involved with SAUFF, these are the guys protecting our interests.