This document contains the full chronology of motions made at the full Council session of the Gulf Council meeting held OCtober 13-14, 2004 in Panama City Beach, Florida. 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 approve the budgets for calendar years 2005 through 2009 as listed in Tab L, Nos. 3a through 3f.
Motion carried with no objection.
Motion: to send the letter with the following editorial changes:
(1) p. 3, paragraph 3, line 3 - change "Pully" to "Pulley’s" and line 6 - change "Bright" to "Rankin-Bright". Page 4 - Action 3 - change the last sentence to read as follows : "As previously stated the Council is in the process of developing an amendment prohibiting trawling, traps/pots, and bottom longline and buoy gear on coral habitat in the Gulf exclusive economic zone (EEZ) and protecting coral areas under its EFH program.
(2) p. 4, last paragraph, line 9 - add after "weather" "in shallow water".
Note: The letter would also be proofed for any other spelling and grammatical changes.
Motion carried.
No motions were made.
No motions were made.
Motion: that a.) maps defining EFH for each FMP and b.) A map showing the existing closed areas listed in Table 1 be included in the public hearing draft of the EFH Amendment.
Motion carried with no objection.
Motion: that two options (large and small boxes) for [coordinates] enclosing northwestern Gulf coral areas as HAPCs be included in the public hearing draft of the EFH Amendment.
Motion carried with no objection.
Motion: that the range for permitted weights [used on fishing rods in coral areas] be from 8 oz to 2 lbs for the public hearing draft of the EFH Amendment.
Amendment to the motion: that the range for maximum permitted weights [used on fishing rods in coral areas] be from 8 oz to 2 lbs for the public hearing draft of the EFH Amendment.
Amendment carried with no objection.
Motion as amended: that the range for maximum permitted weights [used on fishing rods in coral areas] be from 8 oz to 2 lbs for the public hearing draft of the EFH Amendment.
Motion as amended carried with no objection.
"Any official or supervisor who is considering taking an
adverse disciplinary action, other than a
suspension of 14 calendar days or less, shall consult with an
appropriate staff attorney of NOAA General Counsel regarding any issues of law
that may be involved. Consultation with legal counsel may also be
appropriate in taking lesser disciplinary actions. In any case where an
employee's conduct may involve violations or criminal law, no disciplinary
action shall be taken until after consultation with legal counsel."
Motion: to approve the Discipline Policy indicated in Tab I, No. 2 revised, with the above changes to be incorporated in the Council SOPPs.
Motion carried with no objection.
Motion: to accept the SEDAR Process and Panel Pool language as indicated in Tab I, No. 3, that is to be inserted in the appropriate section of the SOPPs.
Motion carried with no objection.
Motion: that the Council submit the SOPPs as revised to NOAA for consideration.
Motion carried with no objection.
Motion: to change the word "active" to "valid" in Alternative 4 of Draft Amendment 15 to the CMP FMP.
Motion carried with no objection.
Motion: that Alternative 4 be the preferred alternative for Action 1 in Amendment 15 to the CMP FMP.
Motion carried with no objection.
Motion: to send Amendment 15 to the Coastal Migratory Pelagics FMP to public hearings.
Motion carried with no objection.
Motion: that Alternative 4 be the preferred alternative for Action 1 in Draft Amendment 24 to the Reef Fish FMP.
Motion carried with no objection.
Motion: to send Amendment 24 to the Reef Fish FMP to public hearings.
Motion carried with no objection.
Motion: to write a letter to Dr. Crabtree asking him for an emergency rule to reopen the application period for the charter/headboat moratorium in the Gulf for 60 days based upon economic harm so long as the affected vessels demonstrate eligibility based upon the original criteria of permit application and some dependence on charter/headboat fishing in the Gulf.
Amendment to the motion: to write a letter to Dr. Crabtree asking him for an emergency rule to reopen the application period for the charter/headboat moratorium in the Gulf for December 31, 2004 based upon economic harm so long as the affected vessels demonstrate eligibility based upon the original criteria of permit application and some dependence on charter/headboat fishing in the Gulf.
Motion as amended failed due to lack of 2nd.
Substitute Motion: that the Council support the NMFS action to readdress the charterboat permit application process.
Substitute motion failed with a vote of 6 to 9.
Motion to write a letter to Dr. Crabtree asking him for an emergency rule to reopen the application period for the charter/headboat moratorium in the Gulf for 60 days based upon economic harm so long as the affected vessels demonstrate eligibility based upon the original criteria of permit application and some dependence on charter/headboat fishing in the Gulf.
Motion carried by a vote of 12 to 4.
Motion: to reconvene the SSC in a joint meeting with the SAFMC’s SSC to review the Mackerel SEDAR work products.
Motion carried with no objection.
Motion: that the Council recommend status quo for Section 3.4, due to questions about confidentiality of data.
Motion carried with no objection.
Motion: that the Council recommend status quo for Sections 4.1 and 4.2, due to a preference that precautionary principles be invoked in managing swordfish stocks.
Motion carried with no objection.
Motion: that the Council pass along the AP and SSC recommendations for Section 5.3 with a note that the recommendation to not allow gillnet gear in the Gulf of Mexico for shark fishing applies to EEZ waters only.
Motion carried with no objection.
Motion: that the Council recommend that circle hooks with no offset be required for live bait only.
Motion carried with no objection.
Motion: that time/area closures in the Gulf of Mexico be throughout the entire Gulf EEZ.
Motion failed.
Motion: to forward all the AP and SSC recommendations on Section 6.1 for status quo.
Motion carried by consensus.
Motion: that the Council recommend that, if an online internet reporting system is established, the telephone call-in system continue to be used as an alternative for persons who are concerned about confidentiality issues with the internet.
Motion carried with no objection.
Motion: that the Council recommend that any changes made under Section 6.4 - Artisinal Fishery should not impact the 250 billfish allowance since the artisinal fishery is essentially a commercial harvest.
Motion carried with no objection.
Motion: that the AP recommendations for Section 7.1 - HMS Tournaments Registration and Reporting, be forwarded to NMFS as is.
Substitute Motion: to require all tournaments to report landings and selected tournaments to report effort.
Substitute motion carried with no objection.
Motion: that the SSC recommendation for Sections 9.3 and 9.4 be forwarded to NMFS, but with the elimination of the sentence that states, "The Gulf Council needs to be politically active to get observer program funds in this region.".
Motion carried with no objection.
Motion: that the Council comment that they are opposed to making the workshops in Section 10 mandatory.
Motion carried with no objection.
Motion: that the Council opposes adding the use of green sticks to the list of authorized gear for HMS.
Motion carried with no objection.
Motion: that we request NMFS to add spearfishing as an approved gear for HMS.
Motion carried with no objection.
Motion: that the Council strongly recommends that the Billfish FMP and the HMS FMP be kept separate.
Motion carried with no objection.
Motion: that the Council comment that in Section 14.6 the Council approves option 2 (reopen the application process for artisinal fishermen in the Caribbean) provided it does not affect fishermen in the Gulf of Mexico.
Motion carried with no objection.
Motion: that the Council should comment that they are concerned about definitions about pelagic and bottom longlines because the definition could impact some of the Gulf Fisheries.
Motion failed due to lack of second.
Motion: that the data and research need recommendations identified by SSC members be forwarded to the HMS Division.
Motion carried with no objection.
Motion: to add as a research item on our research list, research on circle hooks use with and without an offset as to billfish, tuna, and sharks.
Motion carried with no objection.
Motion: to forward the AP and SSC recommendations listed in the draft letter to HMS Division as their recommendations without Council comment.
Motion carried with no objection.
Motion: that Amendment 23 be forwarded to NMFS for review, approval, and implementation.
Substitute Motion: Change the preferred alternative from Alternative 3A to Alternative 1 Status Quo on page 48 in Section 4.2.3.2.
Substitute motion failed.
Substitute Motion: to amend preferred alternative 3A to eliminate the bag limit provisions (the minimimum size for recreationally caught vermilion snapper will be 11 inches).
Substitute motion failed due to lack of second.
Motion that Amendment 23 be forwarded to NMFS for review, approval, and implementation.
Motion carried by a roll call vote of 13 to 3 with one absent.
Motion: that Amendment 18A will continue with all of the alternatives except 5.1.1 Shallow-Water Grouper Endorsement; 5.1.2 Endorsement for Use of Longline/Drift Buoy Gear; 5.1.3 Transfer of Eligibility Criteria; 5.1.4 Transferability of Endorsements; 5.1.5 Appeals Process for Initial Issuance of Endorsements; 5.2.1 Dormant Commercial and Charter Vessel Reef Fish Permits, and 5.4.1 Longline and Buoy Gear Phase-out.
Motion carried with one opposed.
Motion: that the Council start a new amendment that looks at alternatives of using an IFQ in the commercial grouper fishery in lieu of the management alternatives that we just removed from Amendment 18A.
Motion carried with one opposed.
Motion: In order to discourage acceleration in the grouper fishery to develop catch history, the Council records its intent to only use catch-histories prior to October 15, 2004 when developing a Grouper IFQ. The Council requests NOAA Fisheries to publish this as a control date.
Amendment to the motion: that the Council start a new amendment that looks at alternatives of using an IFQ in the commercial and recreational grouper fisheries in lieu of the management alternatives that we just removed from Amendment 18A.
Amendment failed.
Original Motion: In order to discourage acceleration in the grouper fishery to develop catch history, the Council records its intent to only use catch-histories prior to October 15, 2004 when developing a Grouper IFQ. The Council requests NOAA Fisheries to publish this as a control date.
Motion carried with no objection
Motion: that the Council instruct staff to go forward with a regulatory amendment in 2005 to implement 2006 red grouper TAC revisions.
Motion carried with no objection.
Motion: go forward with an emergency rule to establish trip limits in deep water and shallow water grouper complex for 2005.
Motion failed by vote of 7 to 8.
Motion: to include in the proposed regulatory amendment for grouper options for shallow water and deep water grouper trip limits and that one of the options be the Gulf Fishermen’s Association’s proposal for 7,500 lbs during January through June and 5,500 lbs July through December.
Substitute Motion: to include grouper trip limits in the proposed regulatory amendment for shallow water and deep water groupers.
Substitute Motion carried.
Motion: that the trip limit options should be combined for deep water and shallow water grouper.
Motion withdrawn.
Motion: to approve Actions 10 and 11.
Motion carried with no objection.
Motion: that Option 2 under Alternative 8A be moved to the appendix as an alternative that was considered but rejected.
Motion carried with no objection.
Motion: that Option 1 of Alternative 8B be revised to read as follows: Improve the shrimping effort data by requiring that all shrimp vessels operating in the EEZ participate in an electronic logbook program administered by NMFS to adequately determine the amount and location of effort that is occurring in the shrimp fishery of the EEZ. Vessel permits will not be renewed for vessels that do not participate in the electronic logbook program established by NMFS.
Motion carried by a vote of 11 to 4.
Motion: To send the letter to Dr. Hogarth on National Standard One as included with the Sustainable Fisheries Summary.
Motion carried with one opposed.
Motion: appoint Donnie Waters and Buster Niquet to the AdHoc Red Snapper AP.
Motion Carried with no objection.
Motion: appoint the following persons to the Ecosystem SSC:
Motion carried with no objection.