**Response to CCA Petition**

**Talking Points**

# **Issue**

-   On March 29, 2005, NMFS received a petition for emergency
    regulations or interim measures filed by the Coastal Conservation
    Association (CCA).

-   The petition requests NMFS promulgate temporary regulations to
    address overfishing of red snapper in the Gulf of Mexico by further
    reducing bycatch of juvenile red snapper in the Gulf Shrimp fishery.

# **What Did CCA Petition say?**

-   Gulf red snapper stock is overfished and undergoing overfishing.

-   The prevention of overfishing and recovery of the red snapper stock
    is predicated on at least a 44-percent reduction from the average
    level of bycatch mortality on juvenile red snapper, age 0 and age 1,
    by the Gulf shrimp fishery during the years 1984-1989.

-   CCA asserts the existing plan for preventing overfishing and
    rebuilding the red snapper stock must be declared a failure because
    recent research indicates current BRD use, in practice, yields only
    a 12-percent bycatch reduction.

-   The petition requests NMFS immediately initiate emergency
    regulations or interim measures resulting in bycatch reduction
    sufficient to allow the red snapper stock to rebuild within the time
    period established in the Reef Fish Fishery Management Plan (FMP).

    -   These measures should include strict bycatch quotas tracked by
        observer data, time and area closures or restrictions, improved
        BRDs, season limitations, seasonal closures, and other reduction
        measures.

    -   A firm bycatch reduction target of 60-80 percent of historic
        levels should be set, with a timeline to achieve the target
        within the shortest time possible.

    -   A mandated effort reduction program for the Gulf shrimp fleet.

# **NMFS Decision**

-   NMFS determined the measures requested within the petition do not
    require emergency or interim rulemaking as defined in NMFS' policy
    guidance for the use of emergency rules (62 FR 44421).

-   NMFS agrees bycatch mortality of red snapper is important to address
    and the Gulf shrimp fleet adversely affects red snapper and its
    ability to rebuild.

-   Overfishing of red snapper is not an unforeseen event, and
    therefore, does not constitute an emergency.

# **Why Not an Interim Rule for Red Snapper?** 

-   Interim measures are used to address recently discovered fisheries
    management issues for which no long-term strategies exist.

-   NMFS believes long-term measures are more appropriate to address red
    snapper overfishing rather than an interim rule. The red snapper
    fishery has an established rebuilding plan extending through 2032.
    The rebuilding plan provides for a periodic review of the red
    snapper rebuilding plan.

-   An emergency or interim regulation is not appropriate for addressing
    changes to BRDs because these changes would require substantial time
    for gear development, manufacturing, training, and distribution and
    re-outfitting of shrimp vessels/nets. Since an interim measure can
    only be implemented for 180-days, and extended an additional
    180-days if necessary, there is insufficient time for the gear
    manufacturers and shrimp industry to retool. A gear change in the
    shrimp fishery for only 180-days would not end overfishing of red
    snapper.

```{=html}
<!-- -->
```
-   Currently, the Council and NMFS are carrying out a long-term
    rebuilding plan for red snapper to phase out overfishing by 2009 or
    2010 and to rebuild the fishery by 2032. Periodic adjustments can be
    made to this plan as new scientific data is available.

## **[Why an Interim Rule for Red Grouper in 2005]{.underline}**

-   An interim rule was used for red grouper because landings in both
    2003 and 2004 exceeded the 1.25 MP recreational target catch level
    established in Secretarial Amendment 1 for the first phase of the
    rebuilding plan (2003-2004). The Council requested NMFS, during the
    March 7-10, 2005 Council meeting, to implement an interim rule to
    reduce 2005 recreational red grouper landings to meet the catch
    target established for the first phase of the rebuilding plan.

-   Although the most recent stock assessment (2002) indicated the stock
    has improved to be above the overfishing threshold, the stock has
    yet to reach a biomass level capable of producing the maximum
    sustainable yield (MSY) on a continuing basis.

-   Long-term management measures for the grouper fishery are currently
    under development and will be discussed at the next Council meeting
    in October 2005. The Council's currently preferred proposal is:
    1-red grouper per person per day, 3-grouper aggregate bag limit, and
    an annual closed period from February 15 -- March 15 (this closed
    period is already applied to the commercial industry).

# 

# **Actions by NMFS**

## Following Receipt of Petition

-   May 12, 2005: NMFS published a notice of receipt of petition for
    rulemaking and invited public comment for 60-days ending July 11,
    2005.

-   NMFS received 7,630 form letters in favor of the petition and
    23-letters in response to the petition.

## Current Actions and Positions

-   Following the recent August 2005 Council meeting, Council and NMFS
    staffs were directed to immediately draft a regulatory amendment
    addressing BRD protocols and certification criteria. The Council
    also instructed staffs to develop a joint reef fish/shrimp plan
    amendment revising the red snapper rebuilding plan and reducing red
    snapper bycatch in the shrimp fishery and directed red snapper
    fishery.

-   NMFS is conducting research investigating technology to improve BRD
    efficiency.

-   NMFS agrees many of the measures proposed by CCA to address shrimp
    trawl bycatch should be considered in the plan amendment.

-   In May 2005, the Council approved Amendment 13 to the Shrimp FMP.
    This amendment, if approved by NMFS, would establish a moratorium on
    shrimp licenses and allow for closer monitoring of the shrimp
    industry through electronic log-book reporting and an observer
    program.

-   In addition to the required use of BRDs and TEDs, current
    regulations in the shrimp fishery include seasonal and area closures
    throughout the Gulf of Mexico. Trawl gear is also precluded from
    numerous areas throughout the Gulf because of oil and gas platforms,
    hard bottom habitat, and artificial reefs. The intent of these
    closures is to protect small shrimp and habitat; however, reduced
    bycatch is an indirect benefit.