Gulf Restoration Network

September 2006
Volume 9, Issue 3

FISH TALES
Red Snapper Needs You!
The Gulf of Mexico Fishery Management Marine Fisheries Service (NOAA-
Inside this issue:
Council held their August 2006 meeting in Fisheries), urging the Gulf Council to
Baton Rouge, Louisiana. One of the follow the law and rebuild the stock. GULF GAG GROUPER 2
continuing issues on their agenda was to OVEREXPLOITED
develop a rebuilding plan for red snapper. GRN and other groups are disappointed in
SENATE MUDDIES 3
The GRN had concerns because the draft the Council’s inaction and are planning
GULF WATERS
plan contained only a few management several events for you to help us get the
alternatives that were likely to help rebuild message out that we want healthy fish! SANCTUARY OF THE 3
the population within the required SEASON: FLOWER
timeframe. This is contrary to fish Please make plans to join us to send the GARDEN BANKS
management law and keeps red snapper at Gulf Council a message! FISH WORKSHOPS SET 4
high risk of continued depletion. (Continued on page 4) FOR GULF

Despite being prepared for the Gulf Council

to ignore the overwhelming scientific

Photo: ©2006 Ned DeLoach/Marine Life Images.com

evidence that red snapper is at roughly 3%
of its historic population size, the real
outcome was far worse than we projected.
Rather than making any decisions at all, the
Gulf Council decided to delay any further
action on the entire plan until December 31,
2006! This action came after more than 5
hours of public comments, many of which
encouraged the Council to finally do the
right thing on red snapper and help the
population rebuild, as well as strong
admonishments from Roy Crabtree, the
Regional Director of the National Oceanic
and Atmospheric Administration’s National

Red Snapper

Fish Populations Continue Decline Ten Years After Passage of Law to Save Stocks
Report Cites Overfishing as Chief
Culprit in Law's Failure
(Washington, D.C.) — Ten years after the
passage of amendments to the federal
Magnuson-Stevens Fishery Conservation
and Management Act requiring ailing fish
stocks be rebuilt as quickly as possible,
most fish resources are still in poor shape,
according to a study released recently by
the Lenfest Ocean Program, entitled,
"Rebuilding U.S. Fisheries: Progress and Prob-
lems.”
To date, only three out of the 67 fish
stocks identified as "overfished" have
been rebuilt: Atlantic sea scallops; Pacific
whiting; and Pacific lingcod. Eighty-two
percent of fish stocks that need re-
building are either still below healthy
levels or are continuing to be overex-
ploited.
"Healthy U.S. fisheries are vital re-
sources for commercial and recrea-
tional fishermen, coastal communi-
(Continued on page 2)
Page 2 FISHTALES

COUNCIL ACKNOWLEDGES GAG GROUPER OVEREXPLOITED

The recent stock assessment of gag grouper concluded that lenge, as the council has shown an inability to craft solutions
the species is overexploited by the current fishing efforts tar- to effectively address these issues in other fish stocks.
geting it, though the information was insufficient to deter-
mine if the population is at an overall depleted level. Many One of the key issues involved is moving management to-
involved with the fishery admitted they felt gag grouper was ward a more comprehensive approach. Gag, red, black, and
not as abundant as it should be and needs management atten- other grouper are often found and caught together. Regula-
tion. tions developed to help one
species will often affect the
The Gulf Council reviewed the stock others. For example, last year, a
status information on gag at their lat- new rule designed to help re-
est meeting and begrudgingly decided build red grouper reduced the
to move forward with developing a allowed recreational take to
plan to end the overexploitation of the one red grouper of the five fish
species. grouper bag limit. Likely that
means the other four fish taken
Though both commercial and recrea- are gag. Now that gag is also
tional sectors target gag grouper, ap- depleted, hopefully new bag

Photo: NOAA
parently the high rate of fish caught limits and other measures will
and killed as bycatch by recreational be set that consider all grouper
fishermen is a significant problem. rather than just one species.
This will present a management chal-
Gag grouper on the steamboat lumps, off Florida

Report Highlights Role of Overfishing in Depleted Stocks — cont. from page 1

ties, and nutrition-conscious citizens," part of a rebuilding plan is unclear. period to ensure the plan is effective. But
stated Dr. Andrew Rosenberg, the re- "There is good news, however. Our despite the law's requirement that fish
port's chief author and Professor of report demonstrates that when destruc- populations be rebuilt in ten years or less
Natural Resources at the University of tive fishing practices stop, fish popula- except in very specific circumstances,
New Hampshire. "Unfortunately, we are tions begin to recover," said Margaret numerous delays in implementing recov-
failing to rebuild many of the resources Bowman, a co-author of the report and ery plans have occurred and deadlines
on which our fishing economy de- Director of the Lenfest Ocean Program. have been pushed back beyond the ten-
pends." In 37% of stocks under rebuilding year legally mandated time limit. Over
plans, fish populations have begun to half of the 67 plans have timeframes of
Of the nine regional management areas increase in response to a reduction in more than ten years (some as long as 90
analyzed, the Mid-Atlantic is the only fishing pressure. yrs.), and only two have a timeframe of
region where the number of healthy fish under ten years.
stocks, under rebuilding plans, is greater Rebuilding depleted fish stocks also
than the number of unhealthy, still- provides a much higher economic gain "The evidence is clear. Ending overfish-
overexploited fish stocks (three out of for commercial and recreational fishing ing immediately and implementing effec-
five). In the Gulf of Mexico, out of operations. According to an October tive recovery plans is fundamental to re-
eight stocks under rebuilding plans, only 2005 study by Rashid Sumaila and col- building U.S. fish populations, which in
one has reached healthy levels or is no leagues at the University of British Co- turn strengthens the fishing industry,"
longer overexploited. lombia, the net present value of rebuilt added Rosenberg. "But too often, pro-
fisheries (even taking into account short tracted political debate on fishery man-
According to the report, the most criti- term catch reductions) is approximately agement measures and phased-in fishing
cal step to rebuilding depleted fisheries three times as high as continuation of restrictions slows progress while fish
is to stop overfishing as soon as possible current fishing levels ($567 million vs. populations suffer. In the long run, inac-
to allow the fish population to re- $194 million). tion — or delayed action — only height-
establish. But nearly half (45%) of the ens the threat to the health and abun-
fish stocks under rebuilding plans today The Rosenberg study recommends that dance of fisheries and ultimately will pro-
are still fished so heavily they simply populations be rebuilt as quickly as pos- duce low catches for years to come."
cannot recover. Unfortunately, the sible and adjustments to rebuilding
Magnuson-Stevens Act's mandate that plans be made during the rebuilding Visit www.lenfestocean.org to
overfishing be immediately halted as download the report.
Volume 9, Issue 3 Page 3

SANCTUARY OF THE SEASON: FLOWER GARDEN BANKS

Located 110 to 115 miles south of the Texas-Louisiana “The banks clearly provide hiding and feeding areas for
border, the Flower Garden Banks contain the northernmost animals. Future explorations may reveal that they also
coral reefs off the continental United States. provide spawning areas for some species.”

The first SCUBA diving explorations were conducted by
volunteers in the early 1960's from a naval reserve training
vessel. These expeditions settled a debate in the scientific
community by confirming that the crest of the Flower
Garden Banks were
indeed living coral reefs
with about 23 species
Researchers have also discovered that the seafloor between
the sanctuary and surrounding banks is more diverse than
previously thought, with areas physically connected by a
series of rocky outcrops and ridges.
“These areas provide
cover and forage areas

Photo: ©Frank and Joyce Burek, all rights reserved

of hard, reef-building that form a sort of habitat
corals. Exploration highway, allowing animals
during the next two to move between the
decades generated banks without
strong interest among automatically becoming
the scientific and dinner for something
recreational dive larger,” Schmahl said.
communities and “Areas outside the
eventually led to the sanctuary may have a
banks designation as a much greater influence on
National Marine the sanctuary’s health and
Sanctuary in 1992. well-being than we
thought.”
During the past few
years, technology has “As we continue to build
Brain Coral at the Flower Garden Banks
allowed researchers to on the legacy of discovery
conduct more extensive surveys, and their efforts are paying at the Flower Garden Banks National Marine Sanctuary, we
off in valuable discoveries. “We have found that the depths are also building our understanding of how to be good
of the sanctuary support a much greater variety of species stewards for your national marine sanctuary,” Schmahl said.
than suspected,” said sanctuary manager G.P. Schmahl.

SENATE MUDDIES GULF WATERS

Some time this fall, Congress intends
to move forward with reauthorizing
the Magnuson Act, the primary fed-
eral law that deals with fisheries man-
agement in U.S. waters. Currently
included in the Senate-passed version
of the law is a specific requirement for
Gulf Council members to be from
particular interest groups: 5 commer-
cial, 5 recreational and 1 other.
At first glance, this new interest-based
parceling of Council seats seems to
provide a more equitable member-
ship, however in reality, it limits im-
portant input from participants, and
flies in the face of recommendations
from the U.S. Commission on Ocean
Policy that interests on regional coun-
cils be broadened to include more
members of the public not affiliated
with specific interests. The Gulf
Council composition right now in-
cludes 4 commercial representatives, 5
recreational members and 2 “others.”
If the requirement is approved, it is
likely that Julie Morris would be forced
off the Council at the end of her term
in 2007. This would be a blow to the
already limited effectiveness of the
Council, as Ms. Morris is often a voice
of reason, negotiating compromises,
raising legal concerns and working for
fair and equitable recommendations.
It seems the Gulf of Mexico is doomed
to a future of depleted fish populations
unless there is wholesale revamping of
the management process. The only way a
regime that requires dominance by com-
mercial and recreational fishing interests
could hope to function is to limit their
decision-making to allocation issues and
leave catch levels and other important
matters to scientists and NOAA-
Fisheries.
Such a re-organization of the fishery
management process has been recom-
mended by a number of organizations
and reports in recent years. It may gain
more traction if this unfortunate 5:5:1
provision is passed.
 Gulf Restoration Network
338 Baronne St. Suite 200
New Orleans, LA 70112
Cynthia Sarthou, Executive Director
Aaron Viles, Campaign Director
Marianne Cufone, Consultant on Fisheries Issues management.
Briana Kerstein, Director of Org. Development
Editor: Aaron Viles
Phone: (504) 525-1528
Fax: (504) 525-0833
Email: aaron@healthygulf.org
www.healthygulf.org
Fish Management: Getting in the
Submerged Aquatic Vegetation
(e.g. Weeds)
Gulf Council rulemaking process: Fishery Management
Plan v. Regulatory Amendment
When a particular fishery is first determined to require
management, a Council creates a fishery management plan
(FMP). An FMP includes a description of the fishery,
biological information on the fish, and an explanation of
why management is necessary. Additionally, the FMP will
include a long term plan for the particular fishery.
In time, changes in fishing behavior, the fish, and other
environmental issues will create a need to update the FMP
and change regulations. The Gulf Council then has several
ways to develop recommended rules for fish. Two of the
most commonly used are FMP amendments and regula-
tory amendments.
A plan amendment is used to make significant changes to
an existing FMP and contains certain information as re-
quired by federal law. The process by which a plan
amendment is developed is often lengthy, taking more
than a year (often two to three) for final approval. Plan
amendments are reviewed by the Council in preliminary
form, again in draft form and in final form before being
sent to the Secretary of Commerce for final approval.
There are several opportunities for public review and
comment at hearings hosted by the Council. Other agen-
cies and government offices review plan amendments for
consistency with their regulations as well, taking as long as
six months!
A regulatory amendment also changes an FMP at any
point after its original approval. Regulatory amendments
are designed to clarify Council intent or better interpret
broad terms contained in approved FMPs. They may be
used to fix a problem in a fishery that didn’t exist or was
unknown at the time the FMP was being written. One
caveat: the action taken through the regulatory amend-
ment must be provided for in the original text of the FMP
This publication is the product of the GRN working
on the following issues of concern: overfishing,
essential fish habitat, full implementation of the
Sustainable Fisheries Act, and public education on
the importance of sustainable fisheries
The GRN would like to thank the Regional Marine
Conservation Project, the Elizabeth Ordway Dunn
Foundation, and the Curtis and Edith Munson
Foundation for making this work possible.
Red Snapper Needs You!
1 FISH, 2 FISH, REEF FISH, FEW FISH
Please make plans to join us to send the Gulf Council a
message!
When: Wednesday, September 13, 2006 6:30pm
Where: YMCA Downtown
101 N. Water Street (St. Michael & Water streets)
Mobile, AL 36602
To RSVP: kristina.jackson@sierraclub.org
When: Thursday, September 14, 2006 6:30pm
Where: Saltwater Grill
1340 S. Carrollton Ave. (Willow & S. Carrollton)
New Orleans, LA 70118
To RSVP: briana@healthygulf.org
When: Tentative date -Tuesday, September 26, 2006 6:30pm
Where: Citizen’s Environmental Coalition
3015 Richmond, Suite 270,
Houston, TX 77098
To RSVP: aaron@healthygulf.org
When: Tentative date—Wednesday, September 27, 2006
6:30pm
Where: TBD, Galveston, TX
To RSVP: aaron@healthygulf.org
We’ll bring fish experts in from around the Gulf to discuss
current management issues, take action on pressing decisions,
and serve up some great food!
These workshops will help send a unified voice to NOAA-
Fisheries and the Gulf Council that we need sustainable
management of our Gulf fish populations!
and cannot be an entirely new measure. Essentially, this is a faster,
more reactive and less restrictive means of action than a typical plan
amendment. Regulatory amendments require only an abbreviated
comment period of 15-30 days and oversight processes that can delay
final approval of new rules can be waived. Regulatory amendments
are often said to “tweak” FMPs.