The motion originally approved by the Council specifically referenced Respondent Crabtreeas the authorized representative to set or change the snapper season. The Emergency Rule moregenerically references NMFS.
The Emergency Rule was published in the Federal Register on Monday, March 25, 2013.
Recreational Closure Authority Specific to Federal Waters Off Individual States for theRecreational Red Snapper Component of the Gulf of Mexico Reef Fish Fishery, 78 Fed. Reg. 17882(March 25, 2013). A copy is attached hereto as Exhibit A.
16 U.S.C. § 1851(a)(2);
see also id
. §§ 1852(g)(1)(A), (E).
. § 1856(b).3
2.The Emergency Rule purports to give Respondent the National MarineFisheries Service (NMFS)
the power to unilaterally – without notice, publiccomment, or hearing – shorten, or even do away with, the 2013 recreational redsnapper fishing season in federal waters in the Gulf of Mexico.
Furthermore, thisaction was undertaken, not for scientific reasons (even though the Act requires NMFSto use the best scientific information available),
but solely because Louisiana andFlorida were each considering joining Texas in setting a state recreational red snapperfishing season that was not identical to the season NMFS established for federalwaters. The Magnuson-Stevens Act, however, is quite clear that the states have anearly absolute right to regulate fishing within their own waters, subject only to anarrow “preemption” exception that requires public notice and an opportunity for ahearing.
Case 1:13-cv-00070 Document 1 Filed in TXSD on 04/22/13 Page 3 of 49