A.P. Bell Fish Company Archives

Red grouper could be precedent for new Gulf catch reallocations

June 17, 2022 — Gulf of Mexico reef fish fishermen expect to face off in court against the National Marine Fisheries Service later this summer. They’re challenging the agency’s recent reallocation of some of their red grouper Individual Fishing Quota to the recreational sector.

Fishermen have more at stake than the cut in their grouper quota: NMFS and the Gulf of Mexico Fishery Management Council are already forging ahead with serial reallocations of other fisheries. The lawsuit may be their best, if not only, chance to stop them.

“We’re 2 and 0 against the NMFS in the courts,” said Eric Brazer, deputy director of the Galveston, Texas-based Gulf of Mexico Reef Fish Shareholders Alliance. Other plaintiffs in the suit include A.P. Bell Fish Company, of Cortez, Florida, and the Southern Offshore Fishing Association, a longliner group based in Madeira Beach, Florida.

The courts sided with commercial fishermen in 2014 and 2017 when they challenged the council and NMFS over actions to extend the recreational red snapper season and reallocate more quota to the sector.

“The council took action that harmed the commercial fishermen and rewarded the recreational fishermen. We told them it was not legal, they didn’t believe us. They approved the document, we took them to court, and we won,” said Brazer.

Read the full story at National Fisherman

Gulf Coast commercial fishermen file lawsuit over new red grouper quotas

May 23, 2022 — The federal government will soon impose new limits on the amount of red grouper that commercial fishers can catch in the Gulf of Mexico and local business owners say that will impact the industry and their customers.

“It will definitely cost you more today. And will probably cost you more tomorrow because there’ll be less allocation,” said Frank Chivas, owner of Baystar Restaurant Group, which operates 12 restaurants in the greater Tampa Bay region.

Karen Bell, owner of A.P. Bell Fishing Company in Cortez agrees that the price for grouper is likely to rise.

“It’s limiting what we’re able to sell to the public,” she said. “When the supply is reduced, the price goes up because there’s less of it available.”

Earlier this month, the government announced an amendment to the National Marine Fisheries Service management plan. The quota for recreational fishing would rise from 24 percent to 40.7 percent, while the commercial share would decline from 76 percent to 59.3 percent.

Bell has signed on to a federal lawsuit challenging the reallocation of the red grouper harvest.

“I don’t dislike the recreational sector,” she said. “In fact, we pack bait for them and I think it’s important that they have quality time on the water just like we do but to shift it to give it to someone else when we provide it to the non-fishing public, that’s a hard pill to swallow.”

Read the full story at WUSF Public Media

Commercial Fishermen, Other Members of Seafood Industry Challenging NOAA’s Red Grouper Reallocation

May 11, 2022 — Last week SeafoodNews reported on NOAA’s Amendment 53, a new rule in the Federal Register regarding the reef fish fishery of the Gulf of Mexico. The final rule revised the annual catch limits (ACLs) and annual catch targets (ACTs) for both the commercial and recreational sectors, reallocating 20% of the commercial red grouper quota to the recreational sector. The decision had commercial fishermen and others in the industry up in arms. But they’re not just sitting back. A lawsuit has been filed challenging the legality of the decision to reallocate the red grouper quota to recreational fishermen.

The lawsuit was filed late on Friday in the U.S. District Court for the District of Columbia by A.P. Bell Fish Company, the Southern Offshore Fishing Association, and the Gulf of Mexico Reef Fish Shareholders’ Alliance.

“This case is about the government’s allocation of fishing privileges for catching red grouper in the Gulf of Mexico between two user groups,” reads the suit. “The challenged agency action takes fish away from the commercial sector, and gives them to the recreational fishing sector. But the recreational sector is wasteful, catching and throwing back millions of red grouper each year, of which hundreds of thousands die. Allocating more fish to the recreational sector will increase this waste, reduce the amount of fish available for consumption, and increase the risk of overfishing the stock. These outcomes are unlawful.”

The Gulf Coast Seafood Alliance (GCSA) made their opinions on NOAA’s decision very clear in an analysis that can be found here. Meanwhile, the recently filed lawsuit can be found here.

Read the full story at Seafood News

Gulf Coast Seafood Alliance Supports Lawsuit Challenging Unlawful Red Grouper Quotas

May 9, 2022 — The following was released by the Gulf Coast Seafood Alliance:

Commercial fishermen and members of the Gulf of Mexico seafood industry have filed a lawsuit challenging the legality of a recent decision by NOAA Fisheries to reallocate red grouper quota to recreational fishermen at the expense of the commercial fishery. The Gulf Coast Seafood Alliance (GCSA) supports the efforts by the Gulf of Mexico Reef Fish Shareholders’ Alliance, Southern Offshore Fishing Association, and A.P. Bell Fish Company to challenge this decision, in an effort to restore a fair allocation for commercial fishermen.

The lawsuit, filed late on Friday in the U.S. District Court for the District of Columbia, challenges recent red grouper allocations approved by NOAA as part of Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico.

The plaintiffs indicated they will seek expedited review.

Amendment 53 drastically reallocates the quota for red grouper. It increases the recreational share of the quota from 24 percent to 40.7 percent, while decreasing the commercial share from 76 percent to 59.3 percent. Simultaneously, the Amendment decreases the overall available red grouper quota in order to account for increased grouper discards from the recreational fishermen.

According to the lawsuit, this allocation “unlawfully benefit[s] the recreational fishing sector, harm[s] the commercial fishing sector and seafood consumers, and jeopardize[s] conservation,” while going against the conservation goals set out in the Magnuson-Stevens Act, the federal law governing U.S. fishery management. It notes that the Amendment is only the latest in a series of decisions showing “unlawful favoritism” to recreational fishermen.

GCSA has previously criticized Amendment 53 in its own analysis. GCSA specifically has criticized the Amendment for the flaws in the process that led to its adoption, the inadequate economic analysis that supported its allocation decision, and the legal precedents that the Amendment violates.

The complaint specifies ten causes of action, demonstrating that Amendment 53 violates:

Magnuson-Stevens Act National Standard Four, which requires that allocations of fishing privileges “shall be…fair and equitable to all such [U.S.] fishermen” and “reasonably calculated to promote conservation.”
Magnuson-Stevens Act National Standard Nine, which requires that “[c]onservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.”
Magnuson-Stevens Act Section 303(a)(11), which requires that any Fishery Management Plan “establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, and include conservation and management measures that, to the extent practicable and in the following priority—(A) minimize bycatch; and (B) minimize the mortality of bycatch which cannot be avoided.”
Magnuson-Stevens Act Section 303(a)(15), which requires all Fishery Management Plans to “establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan) implementing regulations, or annual specifications, at a level that overfishing does not occur in the fishery, including measures to ensure accountability.”
Magnuson-Stevens Act National Standard One, which requires that “[c]onservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.”
Legal requirements regarding the setting and review of optimum yield as specified in Magnuson- Stevens Act Sections 303(a)(3), 303(a)(4)(A), AND 302(h)(5).
Magnuson-Stevens Act National Standard Two, which requires that “conservation and management measures shall be based upon the best scientific information available.”
Magnuson-Stevens Act National Standard Eight, which requires that NOAA must “take into account the importance of fishery resources to fishing communities.”
The Administrative Procedure Act (APA).
The National Environmental Policy Act (NEPA).

Gulf of Mexico Reef Fish Shareholders’ Alliance: Statement on Red Grouper Quota Instability

Red Grouper Reallocation by NOAA Fisheries Punishes Commercial Fishermen and Seafood Consumers, Jeopardizes Red Grouper Sustainability

May 2, 2022 — The following was released by A.P. Bell Fish Company, the Gulf of Mexico Reef Shareholders’ Alliance, and the Southern Offshore Fishing Association:

Today, the U.S. Department of Commerce and National Oceanic and Atmospheric Administration (NOAA) Fisheries formally published their decision to take fish from commercial fishing families, the seafood supply chain, and the seafood consumers they serve. The publication of the Final Rule implementing Amendment 53 to the Reef Fish Fishery Management Plan comes despite NOAA Fisheries admitting that doing so will increase recreational discards, put more strain on the recovery of this species, and reduce the amount of red grouper that all fishermen can enjoy in the Gulf of Mexico.

“Red grouper is the foundation of my family’s business that has existed in Florida for more than 80 years,” said Karen Bell, third-generation owner and President of A.P. Bell Fish Company located in Cortez, Florida. “We pride ourselves on catching and serving our customers fresh, wild, sustainably-caught red grouper from the Gulf of Mexico. Now NOAA Fisheries is making it difficult for us to serve our customers and stay in business.”

The ostensible purpose of Amendment 53 is to account for new data from NOAA Fisheries based on the Marine Recreational Information Program (MRIP) Fishing Effort Survey (FES), which indicated the recreational sector catches more red grouper than previously estimated. But instead of using these new data to spark a discussion about better management and more accountability to ensure all fishermen stay within their catch limits, NOAA Fisheries and the Gulf of Mexico Fishery Management Council (Gulf Council) chose to use these new data to literally “rewrite history” to justify taking 32% of the commercial sector’s quota and giving it to the recreational sector.

“Somehow NOAA Fisheries took this new recreational FES survey, magically revised 35 years of data about what recreational anglers caught in the past, and told us that commercial fishermen need to give up some of our quota so these anglers get more fish to catch in the future,” said Ed Maccini, president of the Southern Offshore Fishing Association (SOFA), based in Madeira Beach, Florida. “But unlike commercial fishermen who report and weigh every pound of fish we land, recreational anglers don’t have to report what they catch or even be accurate in what they choose to report. It’s all basically guesswork by NOAA Fisheries. And now they’re taking our quota away based on these highly uncertain and wildly changing estimates.”

Commercial fishermen remain baffled as to why NOAA Fisheries would make such an anti-conservation decision when the red grouper stock recently reached some of the lowest levels on record. Furthermore, according to the Gulf Council’s own analysis, rewarding the recreational sector with more allocation “is more likely to result in an overfishing or eventual overfished status of red grouper.”

“This is a lose-lose-lose situation: our businesses are taking a hit, seafood consumers are taking a hit, and the health of the red grouper stock is taking a hit,” said Jason DeLaCruz, owner of Wild Seafood Co. in John’s Pass, Florida. “The commercial sector is stuck with getting a smaller slice of a smaller pie, yet the recreational sector is allowed to throw back more than 3.7 million red grouper every year, and a few years back they threw back more than 6 million red grouper – that’s more fish than commercial fishermen are allowed to land. Amendment 53 reduces everyone’s quotas so that the recreational sector can discard more fish. It’s such a waste.”

The public opposition to Amendment 53 has been overwhelming – all told, more than 99.3% of all testimony recently submitted to NOAA Fisheries opposed Amendment 53. This opposition came from a wide range of industries and sectors including:

Commercial fishermen
Commercial fishing organizations (in the Gulf of Mexico and throughout the country)
Federal commercial fishing coalitions (representing commercial fishermen from Alaska to California to Maine to the Gulf of Mexico)
The restaurant industry
The seafood supply chain
Charter/for-hire fishermen and fishing organizations
Scientists
Economists
Environmental organizations
Lawyers/legal advisors, and
Seafood consumers (literally thousands of them)

“Amendment 53 is illegal. Period,” said Buddy Guindon, Executive Director of the Gulf of Mexico Reef Fish Shareholders’ Alliance, based in Galveston, Texas. “It maximizes discards, unfairly penalizes commercial fishermen by taking away their quota to cover dead discards by recreational anglers, and increases the risk of overfishing. This is opposite of what Congress intended when it adopted the Magnuson-Stevens Fishery Conservation and Management Act.”