From the Recreational Fishing Alliance

NOAA 'CHAMPIONS' ANOTHER CLOSURE


No Red Snapper Fishing Until Further Notice


December 4, 2009 - On Thursday afternoon, President Obama wrapped up a jobs forum in Michigan by challenging the nation's top CEOs, business leaders and economists to come up with innovative ideas to put Americans back to work. At the same time, NOAA Fisheries issued pink slips to thousands of South Atlantic and Gulf fishermen who rely on access to a healthy red snapper fishery. On December 3, NOAA announced a 6-month ban on both the recreational and commercial harvest of red snapper in South Atlantic federal waters off Florida, Georgia, South Carolina, and North Carolina beginning on January 4. The provisions specified in the interim prohibition rule also apply to a person on-board a vessel for which a federal commercial or charter/headboat permit for the South Atlantic snapper-grouper fishery has been issued, regardless of whether the fish are harvested or possessed in state or federal waters.



U.S. Congressman John L. Mica (FL-07) called the Administration's decision to impose the ban on red snapper fishing throughout the Southeast U.S. coast an economic disaster for the region. "During this time of economic downturn this ban will be a significant job killer and an economic blow to nearly every coastal community from North Carolina to South Florida," stated Mica.



Dave Heil, a Florida-based attorney for the Recreational Fishing Alliance (RFA) has filed a lawsuit in federal court in Jacksonville and will seek an emergency injunction to prevent the ban from taking effect and asking a judge to throw out the rule that created the ban. "We have today filed a lawsuit in Federal Court in Jacksonville, FL and we feel confident that once a federal judge reviews the arbitrary and capricious methods used by the National Marine Fisheries Service, the closure will be overturned," Heil said.


Heil and the RFA charge that the South Atlantic Fishery Management Council (SAFMC) and National Marine Fisheries Service (NMFS) are using improper data to drive their decision, and explain the government has already acknowledged that the data collection methodology used to make the closure determination was never intended to be used for such purposes.



The red snapper complaint filed on behalf of the RFA charges NMFS with ignoring mandates from the federal fisheries law (Magnuson Stevens Act) to address inconsistencies within the data collection process. "It is apparent that the SAFMC and the NMFS have ignored the Magnuson Stevens in passing the Interim Rule using the obviously flawed data from MRFSS," Heil added. "This ban will put thousands of marginal sport fishing tourist enterprises out of business," Rep. Mica said, adding "The timing couldn't be worse for Florida with its tourism and fishing seasons set to begin at the start of the New Year and with the economy at its worst in years.".

This release is a partial email announcement of the Recreational Fishing Alliance