This document contains the full chronology of motions made at the full Council session of the Gulf Council meeting held January 14-15, 2004 in Austin, Texas. This includes failed, substituted, and amended motions as well as those that passed. Motions that passed (excluding motions to amend) are indicated in bold.
Motion: to hire Bidder No. 1 for the March committee and Council meeting only and ask staff to rebid court reporting based on a standard output of specific lines per page, font size, type, bold names, etc.
Motion carried
Essential Fish Habitat EIS
Motion: that HAPC alternative 4 be reinstated to the considered alternative section and change the title of the alternative to "Identify and establish habitat areas of particular concern as those habitat areas used for spawning aggregations of managed reef fish species that form aggregations for spawning that are most in need of protection."
Motion as modified: that HAPC alternative 4 be reinstated to the considered alternative section and change the title of the alternative to "Identify and establish habitat areas of particular concern as those habitat areas used for spawning aggregations of managed reef fish species that are most in need of protection."
Motion as modified carried with no objection
Motion: that Stetson, McNeil, Bright Rezak, Geyer, Sonnier, Mcgrail Bouma, Alderdice, and Jakkula Banks be added to the list of HAPCs
Motion carried by a vote of 9 to 5
Motion: that previously closed areas by the Council should be discussed more extensively as forms of MPAs in chapter 2 and in the table on page 2-117
Motion as modified: that currently closed areas by the Council should be discussed more extensively as forms of MPAs in chapter 2 and in the table on page 2-117
Motion as modified carried with no objection
Motion: Add a new bundle of alternatives to minimize impacts of fishing activities on live hard bottom: limit longlines to 5 miles, enact a seasonal closure for shrimp trawling, and prohibit trotlines on bottom traps
Amendment: to include no anchoring on hard bottom in the bundle
Amendment carried with 1 objection
Motion as amended: Add a new bundle of alternatives to minimize impacts of fishing activities on live hard bottom: limit longlines to 5 miles, enact a seasonal closure for shrimp trawling, prohibit trotlines on bottom traps, and no anchoring on live hard bottom
Motion as amended carried by a vote of 8 to 6
Motion: that the Council support the list of MRAG, Americas discussion points
Motion carried with no objection
Advance Notice of Proposed Rulemaking Concerning EFH Guidelines
Motion: that the draft letter on the proposed rulemaking concerning the EFH guidelines be sent to NMFS
Motion carried with no objection
Other Business
Motion: that the draft letter be sent to Corps stating that the Council supports NMFS’ opposition to the Garrows Bend and Arlington Channel projects
Motion carried with no objection
Motion: that the draft letter be sent to NMFS requesting that the one day workshop be held, and investigate having the liquefied natural gas applicants contribute to the cost of the meeting
Motion as modified: that the draft letter be sent to NMFS requesting that the one day workshop be held (i.e., deleting applicants contribute to cost of meeting)
Motion as modified carried with no objection
License Limitation Amendment
King Mackerel Section:
Motion: Remove Alternative 2 Under 3.b Qualification Criteria on page 6
Motion carried with no objection
Motion: to add an alternative after Alternative 3 in Section 3 that would allow combining the previous Alternatives 1 and 3 to create other criteria
Motion failed by hand vote
Motion: to remove Alternative 2 Under Section 5 Transferability of Licenses on page 7
Motion carried with no objection
Motion: to delete reference to Spanish mackerel wherever it occurs in the document.
Motion as modified: to delete reference to Spanish mackerel combined with or used as alternatives for king mackerel in the document but do not delete reference to Spanish mackerel in the alternative to change the fishing year in the South Atlantic
Motion as modified carried with no objection
Motion: in Section 5 - strike "or disability" from Alternatives 3 and 4
Motion carried with 2 objections
Motion: to remove the entire Section 6 on Bycatch Provisions on page 8 from the document
Motion carried with no objection
Motion: to remove the entire Section 7 on Ownership of Licenses by Single Entity on page 8
Motion carried with no objection
Motion: Under Section 9 Structure and Function of Appeals Board - remove the current Alternative 3 and add an alternative based on an appeals process carried out by NMFS
Motion carried with 1 objection
Motion: to create a new set of alternatives that require that persons identify the zone(s) they will fish in each year. The choices would be: in the Western Zone, or either the north, middle, or southern subzones of the Eastern Zone. The two alternatives would be they may select either one zone or two zones
Substitute motion: to remove this new zone section and insert it in new amendment 16 with corrected language
Substitute motion carried with no objection
Reef Fish Section:
Motion: to include the landings records for license classes for all the alternatives in Section 2
Substitute motion: that staff work to include landings records for all the alternatives in Section 2 but if it cannot not be done, proceed with scoping meetings as scheduled
Substitute motion carried with 1 objection
Motion: to remove alternative 3 from Section 2 for Reef Fish
Motion carried with 1 objection
Motion: In Section 3 for reef fish and mackerel delete alternatives 3 and 4
Motion carried with 1 objection
Motion: to change alternatives under Section 3b for reef fish to include income from the previous 2 or 3 years to meet current permit requirements
Motion carried with no objection
Motion: to remove alternative 2 from Section 3b for reef fish
Motion carried with no objection
Motion: that status quo for the current regulations be stated in each section.
Motion carried with no objection
Motion: in Section 5 - strike "or disability" from Alternatives 3 and 5
Motion carried by a vote of 8 to 4
Motion: to delete section 6 - bycatch provisions for reef fish
Motion carried with no objection
Motion: to remove section 7 for reef fish
Motion carried with no objection
Motion: Under Section 9 Structure and Function of Appeals Board - remove the current Alternative 3 and add an alternative based on an appeals process carried out by NMFS
Motion carried with Dr. Crabtree objecting
Motion: to delete the section: changes to the fishing year for Atlantic group king and Spanish mackerel and place it in scoping amendment 16
Motion failed by a vote of 3 to 7
Motion: to have staff include in a new document the extension of the charterboat moratorium
Motion carried with no opposition
Motion: to hold scoping hearings before the March Council meeting at: Larose, Key West, Madeira Beach/Tampa, Destin/Panama City, Galveston, Mobile, Biloxi
Motion carried with no opposition
Motion: Ask staff to include a section in Reef Fish Amendment 18 and Mackerel Amendment 16 or renewal of the charterboat moratorium amendment to address the concern of dual permitted vessels commercial/charterboat being restricted to three persons aboard the vessel while commercial fishing
Motion: to table the motion until the Coast Guard or any other appropriate entity can address the Council’s concerns at the next Council meeting
Motion to table carried by a vote of 5 to 4
Aquaculture amendment
Motion: That Dr. Benetti’s presentation be given at the March Council meeting.
Motion carried with no objection
Motion: That "marine aquaculture" should be used wherever mariculture or aquaculture appears.
Motion carried with no objection
Motion: That the MSA definition should be included on page 1 and on page 16 under NMFS, as follows: fishing means (A) the catching, taking or harvesting of fish; (B) the attempted catching, taking or harvesting of fish; C) any other activity which can reasonably be expected to result in the catching, taking or harvesting of fish or, (D) any operations at sea in support of or in preparation for, any activity described in subparagraph (A) through C).
Motion carried with no objection
Motion: That the bolded Statement of Intent on page 1 be modified to read as follows: It is the intent of the Council that it will review all COE permit applications for marine aquaculture in or adjacent to the Gulf EEZ under the terms of this amendment or other applicable law (e.g., SFA and F&W Coordination Act).
Motion carried with no objection
Motion: That the third paragraph on page 1 be modified so the second sentence reads as follows: Commercial marine aquaculture of species in the EEZ not managed by this Council or NMFS under the MSA would not be regulated under this amendment by NMFS unless that species affects other species that are managed by NMFS or the Council.
Motion carried with no objection
Motion: That a sentence be added to this section setting forth Mr. Hendrix’s statement.
Mr. Hendrix stated that one cage was destroyed by a storm and its parts were removed in compliance with EPA rules on ocean dumping.
Motion carried with no objection
Motion: On page 17, under (4) Fishery Management Councils, that the second sentence be revised to read as follows: As marine aquaculture operations constitute fishing under the M-SFCMA (50 CFR 229.2 1999) the Councils have the authority to recommend to NMFS management of marine aquaculture in the EEZ.
Motion carried with no objection
Motion: That the final sentence of this section be revised as follows: "The Fishery Management Council may comment to any federal agency on proposed operations and where necessary make relevant amendments to any fishery management plan (FMP) or develop new FMPs".
Motion carried with no objection
Motion: On page 17, last paragraph under USCG modify the first sentence so it reads: A permit is required by the USCG.
Motion carried with no objection
Motion: On page 19, under the second paragraph under section on Restrictions on Space Occupied by the Structure and Buffer Areas Around that Space, the first sentence is modified to read: However, the Council may recommend creating such buffer zones to NMFS, if the record supports the decisions.
Motion carried with no objection
Motion: Under Section 6.1 on page 21 that the Preferred Alternatives be to proceed with implementation of a generic amendment to allow offshore marine aquaculture.
Motion carried with no objection
Motion: Under Section 6.2 on pages 21 and 22 the addition of an additional alternative to read as follows, and I so move: "Broaden the scope to include all marine aquaculture species cultured in the Gulf that may impact managed species.
Motion carried with no objection
Motion:
Under Section 6.3 on page 22 add new alternatives as follows:
e. Include those species managed under new FMPs;
f. Include those species added to existing FMPs.Under Section 6.4 Stocks Included on page 22, the committees added a new alternative:
f. Prohibit the culture of species that may affect other species being managed by the Council
Motion carried with no objection
Motion: That Alternative d, reading as follows, be moved to the section on alternatives considered but rejected: Prohibit culture of stocks that may result in significantly depressing the ex-vessel value of wild fish.
Motion carried with no objection
Motion: Under Section 6.5.3 Permit Requirements on page 24, make the following changes to the alternatives:
a. Require a NMFS permit under the Council amendment to operate a marine aquaculture culture facility in the Gulf EEZ for species managed under FMPs included in this amendment under section 6.3 or for species that may impact a species under section 6.3. As a condition of the permit NMFS and its agents will have authority to inspect the marine aquaculture facility
c. Require all permit applicants to provide NMFS copies of their COE and EPA permits and applications and documentation for these permits submitted by the applicant to the COE and EPA, including EAs and EISs
Motion carried with no objection
Motion:
f. Change "and" to "and/or".
k. Applicants must identify firms that will do DNA fingerprints of fingerlings and the fingerprints must be made available to NMFS and/or the Council
Motion carried with no objection
Motion: to modify Section 6.5.4 add the following in each subsection:
a - add "aircraft"
c - add "aircraft and vehicles"
f - add "timely reporting of all information required"
I - add "vehicles and aircraft"
Motion carried with no objection
Motion: to add "origin and DNA fingerprint of such fish" to section b of 6.5.5
Motion failed by a vote of 3 to 5
Motion: Section 6.5.5 h and I should change "your" to "the"
Motion carried with no objection
Motion: to substitute 6.5.5a with the following: require the operators to describe any fishing gear necessary for operation and harvest of the aquaculture facility and prohibit possession of other fishing gear on the vessels
Motion carried with no objection
Motion: to add another option to 6.5.3 to prohibit any fishing for or possession of wild fish aboard marine aquaculture facilities or vessels
Motion carried with no objection
Motion: Section 6.5.6 in option a - add "and gene frequency" after "genetic diversity"
Motion failed for lack of a second
Motion: Section 6.5.7 option f - reworded: require that persons permitted to collect brood stock and spawn them be required to utilize stock in a manner that ensures genetic diversity
Motion carried with no objection
Motion: Section 6.5.9 - add an option discussing dual permits on the vessels used in the marine aquaculture operations
Motion withdrawn
Motion: Section 6.5.9 - to report d-1 large scale escapement, i.e., loss of greater than 10% (or less) of fish in cage or pen
Motion failed for lack of second
Motion: Section 6.5.9 to replace "major" with "any disease"
Motion failed for lack of a second.
Motion: 6.5.9, g - include "the identification of the harvest"
Motion carried with no objection
Motion: 6.5.9, h - add "vehicles or aircraft"
Motion carried with no objection
Motion: to approve the revisions to Appendix E.
Motion carried with no objection
Motion: to set scoping hearing locations in Galveston, Corpus Christi, New Orleans, Tampa, Orange Beach, Biloxi, Panama City before the March Council meeting.
These hearings would be held in conjunction with the limited entry scoping hearings but held at specific different meeting times on the same day but not before 6 pm
Motion carried with no objection
Motion: that Mr. Fensom and Mr. Swingle draft a letter to President George Bush, copying Secretary Evans and Mr. Walpole. The letter should set forth our recommendations and rationale and include copies of previous letters by the Council chairs and each of the Councils
Substitute motion: to send a letter to Secretary Evans, Admiral Lautenbacher, and Dr. Hogarth recommending criminal penalties in addition to civil penalties for fishery violations be one of the administration’s top priorities during the reauthorization of the Magnuson-Stevens Act and include the previous letters by the Council chairs and each of the Councils and copy the letter with the attachments to the five Gulf State’s Congressional and Senate members stamped "for your information"
Amendment to substitute motion: to copy the letters to the five Gulf State’s Congressional and Senate members stamped "for your information"
Amendment to substitute motion carried with no objection
Substitute motion failed by a vote of 7 to 7, Mr. Fischer and Dr. Crabtree abstained, Karen Bell was absent
Amendment t the original motion: and copy the letter with the attachments to the five Gulf State’s Congressional and Senate members stamped "for your information"
Amendment carried with no objection
Motion as amended: that Mr. Fensom and Mr. Swingle draft a letter to President George Bush, copying Secretary Evans and Mr. Walpole. The letter should set forth our recommendations and rationale and include copies of previous letters by the Council chairs and each of the Councils; and copy the letter with the attachments to the five Gulf State’s Congressional and Senate members stamped "for your information"
Roll call vote: Motion as amended carried by a vote of 7 to 6 with 3 abstentions and one absent
Scoping Document for Amendment 15 (Renumbered 16)
Motion: That Action 2 be moved to draft Amendment 15.
Motion carried with no opposition
Motion: that Action 4 be moved to the considered but rejected section.
Motion carried with 1 objection
Motion: that Action 14.H be moved to the considered but rejected section.
Motion carried with no objection
Motion: that analyses of impacts be prepared before the Council consider whether to include the Action items proposed by the South Atlantic Council.
Motion carried with no objection
Motion: to hold a meeting a soon as possible with the NMFS and state staff members to review the red drum data.
Motion carried with no objection
Vermilion Snapper Updated CPUE Indices
Motion: That priority be given to reef fish stock assessments in 2005 as follows:
Motion carried with no objection
Motion: That Council staff pursue the offer by Luiz Barbieri to have Florida FWCC take the lead in a scamp stock assessment.
Motion carried with no objection
Draft Amendment 23 (Vermilion Snapper Rebuilding Plan)
Motion: That the percent reductions needed for all six rebuilding strategies in Table 4.2.1.1 be replaced with the new analyses that base percent reductions on the harvest level projected by the model.
Amendment: to not develop a constant harvest 2010 and constant F 2010 set of alternatives
Amendment carried with no objection
Motion as amended: That the percent reductions needed for all six rebuilding strategies in Table 4.2.1.1 be replaced with the new analyses that base percent reductions on the harvest level projected by the model. And to not develop a constant harvest 2010 and constant F 2010 set of alternatives
Motion as amended carried with no objection
Motion: That 20% recreational and 33% commercial release mortality rates be used for selecting management alternatives.
Motion carried by a vote of 10 to 4
Amendment: to run additional release mortality percentage at 60 percent for both recreational and commercial sectors.
Amendment failed by a vote of 3 to 9
Motion: That Biloxi, Mississippi be added to the locations for Amendment 23 public hearings.
Motion carried with no objection
Motion: That Port Aransas, Texas be added to the locations for Amendment 23 public hearings.
Motion carried with no objection
Motion: That Madeira Beach, Florida be removed from the locations for Amendment 23 public hearings.
Motion carried with no objection
Secretarial Amendment 1 (Red Grouper Rebuilding Plan)
Motion: That the Council recommend to NMFS the adoption of Alternative 5(a): Establish a single commercial possession (trip) limit for shallow-water grouper if 75% of the shallow-water grouper aggregate quota is reached by September 30. The trip limit will be 4,000 pounds GW.
Substitute motion: That the Council recommend to NMFS the adoption of Alternative 2: Establish a single commercial possession (trip) limit for shallow-water grouper if 75% of the shallow-water grouper aggregate quota is reached by September 30. The trip limit will be 5,200 pounds GW.
Substitute motion failed for lack of a second
Substitute motion: That the Council recommend Alternative 3 - status quo, do not establish a commercial trip limit
Substitute motion failed due to a tie vote of 7 to 7, Dr. Crabtree abstained
Motion to table this motion pending discussion of the quota
Motion to table carried with no objection
Motion: That the Council recommend to NMFS to lower the red grouper and total shallow-water grouper quota each by 750,000 pounds for the proposed quota in Secretarial Amendment 1.
Motion withdrawn
Motion to untable the original motion
Motion to untable carried with no objection
Motion: That the Council recommend to NMFS the adoption of Alternative 5(a): Establish a single commercial possession (trip) limit for shallow-water grouper if 75% of the shallow-water grouper aggregate quota is reached by September 30. The trip limit will be 4,000 pounds GW
Motion carried by a vote of 8 to 7, Dr. Crabtree abstained
Final Action on Amendment 22 (Red Snapper Rebuilding Plan)
Motion: That the discussion of the frequency of red snapper assessments be tabled until after the red snapper SEDAR process
Substitute motion: Modify Section 4.2.2 Alternative 2 - maintain TAC at 9.12 mp wwt and rebuild red snapper by 2032. Monitor annual landings to ensure quota is not exceeded. Review and adjust this policy, as necessary through periodic assessments
And remove "5-year" from the alternatives 3, 4, and 5
Substitute motion carried with no objection
Motion: To remove the "5-year" language from the remainder of the alternatives in the document and insert "as necessary through periodic assessments."
Motion carried with no objection
Motion: to modify alternative 2 to remove the word "annual" before "landings". (in Section 4.2.2)
Motion carried with no objection (but see reconsideration of motion below)
Motion: to modify alternatives 3, 4, and 5 to remove the word "annual" before "landings".
Substitute motion: to reconsider the previous motion: to modify alternative 2 to remove the word "annual" before "landings".
Substitute motion carried with no objection
Original Motion: to modify alternative 2 to remove the word "annual" before "landings".
Motion failed (annual stays in the language)
Motion: That the Preferred Alternative for Section 4.3.3.2 be Alternative 1. No action (status quo). Use the existing MRFSS catch and effort program to continue collecting bycatch information from the private recreational sector.
Substitute motion: to request that NMFS develop an alternative method to improve the collection of all recreational data
Substitute motion failed by a vote of 2 to 12
Substitute motion: that Alternative 3 be the preferred alternative: Establish a volunteer logbook reporting program under NOAA Fisheries that includes bycatch reporting. The agency will use state recreational license files and surveys wherever possible to stratify fishers by fishery and request volunteers stratified by state and subregion
Substitute motion failed by a vote of 2 to 13
Original Motion: That the Preferred Alternative for Section 4.3.3.2 be Alternative 1. No action (status quo). Use the existing MRFSS catch and effort program to continue collecting bycatch information from the private recreational sector.
Original motion carried by a vote of 13 to 2
Selection of Participants Under the SEDAR Process
Motion: That Captain Rich Taylor be added to the hogfish portion of the January Goliath Grouper/Hogfish Assessment Review Workshop.
Motion carried with no objection
Motion: That the Council Chair establish an ad hoc SEDAR panel to review the process for selection of SEDAR panel members.
Motion carried with no objection
Motion: That Council Chair Bobbi Walker attend the next SEDAR Steering Committee meeting.
Motion carried with no objection
Grouping of Grouper and Amberjack Species for Status Determination Criteria
Motion: the Council should proceed with grouping the amberjack and groupers for developing status determination criteria based on the advice of the SEFSC
Motion to table discussion until the information is provided from the SEFSC.
Motion to table carried by a vote of 9 to 5
Reviewe of Proposed Rule for Amendment 21 (Madison-Swanson and Steamboat Lumps Marine Reserves)
Motion: That the definition of surface trolling that was included in the FRN and by the NMFS was the intent of the Council. Surface trolling would mean fishing with lines trailing behind a vessel which is in constant motion at speeds in excess of four knots with a visible wake. Such trolling may not involve the use of downriggers, wire lines, planers, or similar devices.
Motion carried by a vote of 9 to 2
Roy Williams, Mr. Riechers, and Mr. Thomassie abstained because they were not at that meeting
Motion: that the Gulf Council concurs that the rule as published in the FRN is the intent of the Council.
Substitute motion: that the Council did not fully discuss the content of the language of the definition
Substitute motion failed for lack of second
Original Motion: that the Gulf Council concurs that the rule as published in the FRN is the intent of the Council.
Original Motion carried by a vote of 7 to 1, Mr. Claverie objected. Roy Williams, Mr. Riechers, and Mr. Thomassie abstained because they were not at that meeting. Ms. Foote, Mr. Saucier, Mr. Fischer also abstained.
Other Business
Motion: to write a letter to NMFS to support Option 5 in the revised IFQ referendum procedures revising the number of participants with eligibility tied to a particular license would have their vote weighted equal to all other participants associated with that license so that their combined vote would be equal to one vote per pound of landings associated with that license.
Motion failed by a vote of 6 to 8, Dr. Crabtree abstained
Texas Shrimp Closure
Motion: That the Council request that NOAA close the EEZ off Texas in collaboration with Texas.
Motion carried with no objection
Amendment 13
Motion: That the Alternative 4.B and 5.B be split into two separate Alternatives, one for 2 consecutive years and one for 3 consecutive years.
Motion carried with no objection
Motion: to approve the public hearing sites for the options paper to be held in April: Ft. Myers, Tampa, Mobile, Biloxi, New Orleans, Galveston, Palacios, and Brownsville.
Amendment: add Abbeville, LA and Houma, LA
Amendment carried with no objection
Amendment: to add Aransas Pass, TX
Amendment carried with no objection
Amendment: to remove Ft. Myers, FL
Amendment carried with no objection
Motion as amended: to approve the public hearing sites for the options paper to be held in April: Tampa, Mobile, Biloxi, New Orleans, Galveston, Palacios, Brownsville, Abbeville, Houma and Aransas Pass
Motion as amended carried with no objection
Motion: Waive reports and remaining agenda items and have them presented at the March Council meeting.
Motion carried with no objection.