Katie Britt leads Alabama delegation in letter opposing expanded critical habitat designation for endangered Rice’s whale
On Thursday, U.S. Senator Katie Britt (R-Alabama) announced that she led members of the Alabama Congressional delegation in sending a letter to the National Oceanic and Atmospheric Administration (NOAA) Administrator Richard Spinrad expressing the delegation’s concerns that a recent proposal by the National Marine Fisheries Service (NMFS) to create a new and expanded critical habitat designation for the Rice’s whale would negatively impact the Port of Mobile. “The lack of justification for this proposal is glaring, and the inevitable, devastating consequences it would have on Alabama’s economy and the Gulf fishing industry are undeniable,” said Sen. Britt. “We implore Administrator Spinrad to reject this harmful petition that relies on unproven research and would significantly hinder operations at the Port of Mobile, which hardworking Americans rely on for goods, supplies, and materials each and every day.” “We also have significant concerns with the seriously damaging ideas in the Rice’s whale petition, which NMFS has noticed,” Britt and the Alabama delegation wrote. “The petitioners seek to stop vessel transits at night, require complete reporting of vessel plans to NMFS, and create onerous requirements for vessels to employ and utilize visual observers on all vessels. Severely curtailing operations at the Port of Mobile and strangling the commercial and recreational fishing operations off the Alabama coast, these illogical burdens would cause irreparable harm to the Alabama economy – all while current science does not demonstrate they will save any Rice’s whales.” In the letter, the Members urged NOAA not to finalize the critical habitat designation because there is a lack of scientifically supported data to adequately justify this action. They also requested that NOAA reject the proposals. “While protecting endangered species is a laudable goal, we are concerned at the lack of adequate scientific justification for NMFS’ proposed designation of additional critical habitat for the Rice’s whale,” Sen Britt and the other members of the Alabama delegation wrote. “NMFS has shown only limited studies offering indefinite scientific support to draw conclusions about the population and range of the Rice’s whale. Until sound, scientifically supported data is available, this designation should not move forward.” “As a coastal state, Alabama relies heavily on commercial activity in and out of the Gulf of Mexico,” Britt and the Congress members wrote. “In 2021 alone, the Port of Mobile generated more than $85 billion in total economic activity and more than $2 billion in tax revenue. The Port handles more than 55 million tons of commercial goods each year, reaching every state in the nation and providing clothing, tools, construction materials, automobiles, and parts that Americans rely on each and every day. In addition, Alabama’s commercial fishing operations provide more than $291 million in economic value, and recreational fishing adds another $452 million in economic value to the region. Combined, these activities directly employ more than 330,000 people in Alabama.” The proposed ten-knot speed limit and the inability to traverse the 28,000-square-mile habitat area at night to avoid hitting any whales would mean greater transit times in and out of the Port of Mobile. Thus, commercial traffic would merely move to another route and avoid Mobile. Sen. Britt was joined in sending the letter by Congressmen Jerry Carl (R-AL01), Barry Moore (R-AL02), Mike Rogers (R-AL03), Robert Aderholt (R-AL04), Dale Strong (R-AL05), and Gary Palmer (R-AL06). Although U.S. Senator Tommy Tuberville (R-Alabama) was not a signatory, he has already publicly expressed his opposition to the critical habitat designation for the Rice’s whale and questioned the validity of the science behind these proposals. “Designating a Critical Habitat for the Rice’s whale throughout this expansive area will impose undue burdens and restrictions on all vessel traffic, especially in and out of the Port of Mobile in Mobile, AL,” said Sen. Tuberville. “The Port of Mobile covers over 4,000 acres, generates nearly 313,000 jobs, provides approximately $2 billion in state and local tax impacts, and $85 billion in economic value to Alabama as a whole.” Katie Britt was elected to the U.S. Senate in 2022. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Louisiana charter boat captains file suit involving GPS tracking
More than 1,300 federally permitted charter boat owners in the Gulf of Mexico are suing the federal government in a class-action lawsuit over an effort to force them to purchase GPS systems to track their movements. The charter boat captains, represented by attorneys at the New Civil Liberties Alliance, are suing the U.S. Department of Commerce, the National Oceanic and Atmospheric Administration, and the National Marine Fisheries Service over a requirement for owners to install GPS tracking devices on their boats at their own expense. The rule, adopted as law in July 2020, requires the owners or operators of permitted charter fishing boats in the Gulf of Mexico to submit an electronic fishing report and states each boat must be “equipped with NMFS-approved hardware and software with a minimum capability of archiving GPS locations.” The law also states, “the vessel location tracking device … must be permanently affixed to the vessel and have uninterrupted operation.” The tracking device must “archive the vessel’s accurate position at least once per hour, 24 hours a day, every day of the year,” and the device must continuously transmit the data to NMFS and the U.S. Coast Guard, according to the law cited in the lawsuit. The equipment necessary costs about $3,000, along with a monthly service fee of $40 to $75. The law became effective on January 5, 2021. Charter boat operators have been using a smartphone app they were required to download to report certain business data, including the charter fee, fuel usages, fuel price, number of passengers, and crew size, though the GPS-tracking requirement was initially “delayed indefinitely,” according to the lawsuit. NCLA filed suit on behalf of charter captains in August 2020, and on February 28, 2022, a district court denied a motion for summary judgement, as well as a request to halt the regulations. The GPS-tracking requirement became effective the next day, and NCLA immediately appealed the decision to the U.S. Court of Appeals for the 5th Circuit. NCLA filed its opening brief in the case last week, and the states of Louisiana, Alabama, Mississippi, and South Carolina, along with two public interest organizations, filed briefs with the court in support. NCLA argues the GPS tracking requirement violates the 4th and 5th amendments and imposes costly and burdensome regulations without articulating how the regulations improve conservation or fisheries management. The lawsuit notes that charter fishing accounts for less than 1% of the total catch in the Gulf of Mexico and less than 3% of the recreational fishery. NCLA also argues the “case poses complex questions regarding an agency’s obligations under the notice-and-comment and arbitrary-and-capricious requirements of the Administrative Procedure Act.” The supporting briefs center on the same issues. “The Final Rule plainly violates the prohibition of warrantless tracking via Government-installed devices recognized by the Supreme Court in U.S. v. Jones,” according to the joint brief filed by the states’ attorneys general. “While preserving the nation’s fisheries is a proper Government objective, the means by which Defendants-Appellees seek to do so must be constrained to constitutionally permissible methods. The Final Rule exceeds these bounds.” “No warrant exception, background principle of property law, custom, or common-law practice renders the physical installation and continuous operation of GPS tracking devices onboard charter fishing vessels reasonable in the absence of a warrant,” the Pacific Legal Foundation wrote. “Thus, without further examination of privacy expectations irrelevant to the Fourth Amendment’s property-rights baseline, [the Fifth Circuit] should enjoin the challenged rule mandating the installation and operation of these devices.” The Buckeye Institute argued the District Court’s decision should be reversed because the GPS tracking requirement “fails to pass constitutional muster” and “does not present an adequate substitute for a warrant because it is not limited in time or scope.” NCLA requested oral arguments in the case to “help the court navigate the complicated legal and factual issues presented.” Republished with the permission of The Center Square.
AG Steve Marshall fights to protect Alabama land from Biden administration ‘overreach’
Attorney General Steve Marshall announced he is leading a national coalition of 18 attorneys general urging the Biden administration not to reverse Trump era definitions of “critical habitat” that may affect property use and value. Marshall’s letter to the U.S. Fish and Wildlife Service and the National Marine Fisheries Service was cosigned by the attorneys general of Alaska, Arizona, Arkansas, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wyoming. The issue involves the Endangered Species Act and the federal government’s authority to designate land or water as a “critical habitat” for species the government considers endangered. Property that receives this designation is often subject to strict restrictions which can affect property value and use. In 2017, the Obama administration argued that an area could be a “critical habitat” for a species even if the species could not survive there. In response, Marshall led a group of states opposing that approach, and the Supreme Court held that the Obama administration had overreached. Marshall supported Trump administration reforms that protected species without crippling the rights of landowners. The Biden administration is now considering changing the Trump administration’s definition of “habitat” for use in “critical habitat” designation. In the letter, the group urged the agencies to reject the Biden administration’s efforts to roll back the reformed regulations. Under current rules, an area may be designated as critical habitat only if it currently or periodically has the conditions and resources to support a species, and not just because such conditions could be developed in the future. Furthermore, current rules provide an important balance, providing analysis of the economic impact and whether excluding an area from critical habitat would result in the extinction of a species. Marshall stated, “I will not allow the Biden administration’s misplaced priorities and overreach to destroy the vital progress we have made. If federal bureaucrats are allowed to designate land as critical habitat for species even though that species does not and cannot live there, then there is no limit to the areas they can claim. The results could be devastating for Alabama’s farms, loggers, and miners as well as for landowners throughout our nation.”
Alabama will manage 47-day recreational red snapper seasons for 2018, 2019
After years of fighting frustrating federal red snapper regulations, the National Marine Fisheries Service has granted the State of Alabama’s request to manage its red snapper season for 2018 and 2019. Following a 30-day comment period, the Department of Commerce formally approved of Alabama’s request for an Exempted Fishing Permit (EFP), allowing the state to manage its own fishing season. Following the approval, Gov. Kay Ivey announced that she set the recreational red snapper season to 47 days in both 2018 and 2019. “I am very pleased that the U.S. Department of Commerce, through the National Marine Fisheries Service, has granted Alabama an Exempted Fishing Permit for the next two red snapper seasons,” Ivey commented. “Following the directives from President Trump to cut down on federal regulations, this decision empowers Alabama to manage our resources instead of bureaucrats in Washington. Due to this exemption, I have instructed the Alabama Department of Conservation and Natural Resources to set the 2018 season to 47 days. This season will allow recreational anglers five more days to fish for red snapper compared to last year. I am proud we have been able to expand the red snapper season, which is a critical part of Alabama’s recreation and tourism industry.” The EFPs were made possible through language authored by U.S. Senator Richard Shelby in the FY2017 Commerce, Justice, and Science Appropriations bill that directed the National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service to develop the fishery management pilot program allowing states to direct reef fish management activities. “This announcement is excellent news for the recreational fisherman in Alabama. After authoring the provision allowing NOAA to approve the pilot programs, our Gulf states will take the lead in managing recreational fishing of red snapper in the Gulf of Mexico,” said Shelby. “I am confident that Alabama’s state-led pilot program will provide our recreational fisherman with much-needed, long-overdue relief and result in more days on the water,” said Senator Shelby. The 2018 Red Snapper season in Alabama will run from June 1 through September 3, with Fridays, Saturdays, and Sundays open to fishing. The entire week of the Fourth of July (June 30 through July 8) will also be open for red snapper fishing. Red snapper landings will also be allowed July 2-5 and Labor Day. The bag limit will remain two per person with a 16-inch minimum length. Alabama 1st District U.S. Rep. Bradley Byrne also praised the announcement. “A 47 day Red Snapper season is a huge development for our local fishermen and Alabama’s coastal communities,” said Bryne. “This is how government should work: take power from Washington and return it to the people who best understand the issue. Under this proposal, our fishermen will have adequate time to enjoy a Gulf Coast tradition while our coastal communities will benefit from increased revenue. It is a win-win situation for coastal Alabama. “The red snapper fishery means so much to the coastal culture and economy of Alabama. I appreciate the work of Senator Shelby and Congressman Byrne on this vital issue,” added Ivey. The entire state of Alabama is also indebted to Conservation and Natural Resources Commissioner Chris Blankenship, as this exemption would not have happened without his leadership and his tireless advocacy for Alabama. I am proud of the work Commissioner Blankenship is doing, and I am honored to have him as a part of my cabinet.” Under the pilot program, private recreational anglers will each be responsible for monitoring landings so they do not exceed their portion. Alabama will use Snapper Check to monitor its landings and determine if: the season will close as anticipated; the season will close earlier than anticipated due to daily landings exceeding forecasted totals; or the original season length should be increased if daily landings do not meet anticipated levels (i.e. due to smaller fish size or inclement weather). “The red snapper management granted by the EFP will allow Alabama to use the information from the Alabama Snapper Check Program, as well as the terabytes of fisheries data we have collected on the red snapper population in the Alabama Artificial Reef Zones, to show we can sustainably manage this fishery,” explained Chris Blankenship, Commissioner of the Department of Conservation and Natural Resources. The federal charter season for red snapper is not included in Alabama’s new permit and is expected to be announced by NOAA Fisheries sometime in April 2018. The federal charter season for red snapper is expected to be longer than the federal charter season in 2017.
Conservation groups sue feds to protect Red Snapper, promote reform
Two environmental groups are suing the Trump administration for extending the red snapper season in federal and state waters within the Gulf of Mexico this year. The Environmental Defense Fund and Ocean Conservancy filed a lawsuit on Monday in the U.S. District Court for the District of Columbia against a U.S. Department of Commerce June decision that allowed recreational anglers to fish for red snapper in federal and state waters for 39 weekend days Friday through Labor Day. According to the groups, the decision “puts red snapper recovery at risk, jeopardizing fishing businesses and recreational fishing for the species. It also violates several provisions of federal law.” “The way we manage recreational red snapper fishing stinks, and saltwater anglers like me are demanding change,” said Robert Jones, Director of Environmental Defense Fund’s Gulf of Mexico Oceans Program. “The recovery of the species is an incredible opportunity. I was recently offshore from Galveston and the water is teeming with red snapper. But instead of anglers and recreational fishing businesses reaping the benefits, we are stuck in a downward spiral of failure. This lawsuit is about catalyzing change.” Jones continued, “Year-round state-water seasons combined with minuscule federal seasons suffocate our access to the best offshore fishing grounds. And I sure as heck don’t want to return to the days when my dad and I could barely find a red snapper due to decades of overfishing. What we demand is innovative, solutions-oriented reform that harnesses new approaches like Louisiana’s LA Creel program, gives us flexible access, and ensures that future generations of Americans can enjoy the thrill of catching red snapper.” The extended season came after the NOAA Fisheries in May approved a recreational season of three days — June 1-3, which fishing enthusiasts decried as being far too short. Alabama lawmakers quickly took action reaching out to federal officials to lengthen the season, which was the shortest ever in the Gulf of Mexico. After extensive debate on both the Gulf Coast and Capitol Hill, the Department of Commerce approved the extended season. According to the lawsuit, Commerce Secretary Wilbur Ross and two federal agencies — the National Marine Fisheries Service and the National Oceanic and Atmospheric Administration — were listed as the defendants.
Bradley Byrne: Fight continues for longer red snapper season
We are blessed to live in a part of the world known for our beautiful scenery, abundant natural resources, and marvelous waterways. It is easy to see why my family has not left Southwest Alabama since my great, great, great grandfather settled here in the 1780s. A critical part of our local culture is the Gulf of Mexico, including a wide range of fish that call the Gulf home. Like so many others, my family has gone fishing in the Gulf for as long as I can remember. Given how important fishing is to so many, I was incredibly frustrated to learn that this year’s Red Snapper season in federal waters will only be three days. That is simply not acceptable and a further indication of how poorly the federal government is managing the Red Snapper fishery. During a recent House Oversight Committee hearing on Red Snapper, I pointed out that preliminary estimates done by the state for 2016 show a total of approximately 821 thousand pounds of Red Snapper caught in waters off of the Alabama coast. Federal estimates for the same time show approximately 2 million pounds accounted for. Mississippi’s data shows the opposite problem. According to data from Mississippi’s Tails n’ Scales Program, almost 40,000 pounds were accounted for, yet federal data claims there were zero pounds. The system is completely broken. Since being elected to Congress, I have made Red Snapper a top priority. We passed a bill out of the House in 2015 that would have repealed the quota system and given the Gulf states control over the data collection and stock assessments. I personally wrote and championed these provisions with the support of other Gulf Coast colleagues. While we succeeded in getting the bill out of the House, I was very disappointed the Senate failed to even take up the bill. I want to be clear: Red Snapper is not an issue that just comes up once a year in my office. In fact, we work year round to increase awareness, build support, and push for a permanent solution. We are utilizing a strategy focused on both an administrative and legislative solution. First, I am hopeful that under President Donald Trump we can get some relief. President Trump is a big believer in rolling back regulations and getting the government out of the way. There is no better example of big government micromanagement and failure than the Red Snapper issue. With a new director of the National Oceanic and Atmospheric Administration (NOAA), which oversees the National Marine Fisheries Service, I hope we can get back to longer seasons, more local data, and a balanced system that actually works. Second, I am going to continue working with my Gulf Coast colleagues on legislation to fix the system and get us longer seasons for recreational fishermen. Discussions are actively ongoing about a legislative solution that tackles this issue head on and gives more control to the individual Gulf states. We did receive a bit of good news. With the help of Senator Richard Shelby, we were able to secure a permanent expansion of state waters out to nine miles Gulf-wide. In the past, some Gulf states had state waters out to nine miles while others, like Alabama, only had three miles of state waters. Permanently expanding the state waters to nine miles for Red Snapper will provide parity among the Gulf states and give important certainty to our fishermen as they work to further build up the artificial reef system in state waters. The fight for a longer Red Snapper season continues, and I am more emboldened than ever before to get us a solution. • • • Bradley Byrne is a member of U.S. Congress representing Alabama’s 1st Congressional District.
New rules planned to keep sea turtles from shrimp net deaths
More shrimp fishermen would have to use nets equipped with turtle escape hatches, to prevent sea turtle deaths, under proposed new federal rules. The National Marine Fisheries Service wants to require more shrimp fishermen to use “turtle excluder devices.” The devices are metal grates that allow turtles to escape the boats’ nets. The fisheries service announced the proposed rules Thursday. They will be subject to a public comment process through mid-February. Thursday was the deadline for the federal government to propose regulations to protect turtles under a settlement with the conservation nonprofit Oceana. Oceana sued the government in April 2015, arguing that government estimates indicate that more than 500,000 sea turtles get caught in shrimp nets each year, and more than 53,000 of them die. Republished with permission of The Associated Press.
