More Grouper detail from Tampa

Recreational Grouper Closure Gets Rejected
FRANK SARGEANT
Published: Nov 2, 2005

The Coastal Conservation Association’s Florida chapter won a major victory for recreational anglers with the overturning Monday of a federal rule that would have banned all grouper fishing in the Gulf of Mexico this November and December. The ruling, by U.S. District Court Judge John Steele, indicated that the National Marine Fisheries Service, in passing an emergency rule to close the fishery, had acted in an “arbitrary and capricious” manner by closing harvest of all species of grouper when only red grouper were believed to be overfished.

In a bonus for recreational angles, Steele’s ruling also invalidates a federal rule that would have dropped the aggregate bag limit for all grouper from the current five fish to three fish of all species, with only one red grouper daily in the bag.

The CCA and the Recreational Fishing Alliance, both sport-fishing groups, filed suit when federal fishery managers refused to change their stance after hearing objections from hundreds of anglers at meetings around the state.

Steele ruled the closure on red grouper was justified, and it will stand. But anglers can continue to fish for and harvest gag, black and other species during the red grouper closure. Only one red grouper daily can be taken per Steele’s ruling beginning in January, but anglers can harvest up to five of the other species.

The Circuit Court ruling brings the federal rules back into line with state rules controlled by the Florida Fish and Wildlife Conservation Commission. The commission earlier this fall refused to drop the bag limit to match the federal rulings.

“We always support measures to conserve fish,” said Ted Forsgren, CCA executive director, “but in this case NMFS abused their authority.”

Forsgren said NMFS reliance on a 2004 catch survey that indicated a 130 percent increase in recreational catch is at the core of the federal rule-making, but said the dramatic increase in catch was due to poor survey tactics rather than any real change in fish catches. He pointed out that catches from 2001-03, and again in 2005, are much closer to the long-term average catches.