Judge Overturns Grouper Closure
By Christian M. Wade, Tampa Tribune, Fla.
Nov. 1–A federal judge in Fort Myers has overturned a temporary ban on recreational grouper fishing in the Gulf of Mexico, ruling that fisheries regulators overstepped their authority by including all species of the sought-after fish.
The two-month closure — aimed at protecting red grouper stocks from overfishing — takes effect as scheduled today, U.S. District Court Judge John E. Steele ruled Monday. But anglers will be able to catch the other 16 species such as black and gag grouper.
“This is a victory of epic proportions,” said Dennis O’Hern, executive director of the Seminole-based Fishing Rights Alliance. “It was a hard-fought battle.”
O’Hern said the ruling affects thousands of fishermen along Florida’s west coast, from Pensacola to Naples, many of whom make a living from the recreational industry.
“This ruling means that Florida charter boats and headboat captains who make their money taking people recreational fishing are now back in business,” he said.
The National Marine Fisheries Service wanted to halt grouper fishing for two months in federal Gulf waters, which begin nine miles off the coast, after catch data showed recreational anglers exceeded their 2004 quota for red grouper.
Stopping all grouper fishing was meant to prevent accidentally catching reds when targeting other species, the fisheries service argued.
The judge said including all species in the closure violated the federal Magnuson-Stevens Fishery Conservation and Management Act.
Steele’s ruling stems from a pair of lawsuits filed in August by the Coastal Conservation Association and the Fishing Rights Alliance against the U.S. Department of Commerce, the National Oceanic and Atmospheric Administration and the fisheries service.
NOAA officials announced the regulation in August and imposed stricter “bag rules” on how much grouper each fisherman can catch daily. Recreational anglers now are limited to three grouper, one of which can be a red.
The restrictions galvanized anglers, charter boat captains and recreational fishing groups across the state to rally against the closure.
Florida lawmakers, including U.S. Sens. Bill Nelson and Mel Martinez, argued the restrictions would devastate tourism.
Tourists spend $26 million a year to fish in the Gulf off charter boats from Florida.
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