Florida’s newly expanded recreational fishing season for Atlantic red snapper was halted on May 21, just hours before it was set to begin, after a federal judge issued a preliminary injunction, frustrating anglers and costing local captains and guides thousands of dollars in lost revenue.
The Florida Fish and Wildlife Conservation Commission (FWC) had expanded the season from just two days last summer to 39 days this year, from May 22 through June 20, plus three long weekends in October.
But the anticipation and excitement among sport fishermen on the island came to a screeching halt last month when Judge Rudolph Contreras of the U.S. District Court for the District of Columbia issued a preliminary injunction in a lawsuit filed by the Southeastern Fisheries Association (SFA), a commercial fishing advocacy group based in Florida, against the Department of Commerce and National Oceanic and Atmospheric Administration (NOAA).
The South Atlantic red snapper population was severely depleted in the 1990s and early 2000s.
Soon after, NOAA Fisheries began strict management of the species through the Department of Commerce, severely restricting the number of days sport fishermen may catch them. Last year, for example, the season was limited to just one weekend – July 11-12.
Then, this year, NOAA Fisheries issued Exempted Fishing Permits allowing Florida, Georgia, South Carolina and North Carolina to independently manage their own recreational Atlantic red snapper seasons. FWC quickly expanded the snapper season in Florida to 39 days.
The season was set to open on May 22, right before the Memorial Day holiday weekend, but SFA filed suit on May 5, claiming the exempted fishing permits violate federal law and could lead to overfishing and plunge the population to dangerous levels once again.
Using data provided by the Ocean Conservancy, a global nonprofit environmental watchdog, SFA argued that, during the expanded season, recreational anglers could potentially take red snapper in numbers that would “substantially exceed the stock’s annual catch limit” of 22,797 fish.
Fishing for red snapper in federal waters adjoining the four states is on hold while the injunction is in effect.
Gov. Ron DeSantis, who championed the expansion as an opportunity for ecotourism, told reporters on May 22 during a press conference in Jacksonville that he disagrees with SFA’s claim and believes the red snapper population has rebounded sufficiently and is not in danger.
“If anything, I think we underestimated the population and the strength and the vitality of the population,” DeSantis said. “How disrespectful is it to rule when people have already made plans to come down and do this?”
On Florida’s gulf coast, where the species is thriving and fishing regulations have been dictated by the state since 2018, the red snapper season spans 140 days, from May 22 through July 31, plus some scattered weekends in the fall. DeSantis pointed to the state’s success in managing the species in the gulf, and said, “The snapper population in the gulf is as healthy as it’s ever been and we’ve had a massive expansion of the season [there]. We don’t view this [federal court] decision as being ultimately viable.”
Some local deep sea charter fishing guides agree.
“I’m bummed about it,” said charter captain Colton Hester, owner and operator of Vero Beach Fishing Charters. “Sliding that ruling in on the day before the season opens was very frustrating.”
Hester said he had clients booked for 12 days of red snapper fishing. One client was set to fly in from California for three days of fishing, he said. “He had his plane tickets, and everything was all set – and then I had to call him and tell him we can’t go.”
At $700 per half-day, he figures the shut-down has cost him more than $15,000. Lots of other charter captains lost bookings, too, he said. “I’m not happy about it, but I also understand the commercial side of fishing, so I get it.”
Commercial operators are still allowed to fish for red snapper, limited to 75 pounds of gutted fish per day. Recreational anglers are limited to two fish per day in season, and they have to measure at least 20 inches long.
Although the injunction only applies to fishing for red snapper in federal waters, which start about 3 miles offshore, it might as well be a total ban, fishing captains say.
“For all intents and purposes, this halts all red snapper fishing anywhere off [the East Coast of] Florida,” said Sebastian resident Ed Nicolace, who captains the 58-foot vessel, The Gale Force, docked in Fort Pierce. “I’ve been fishing this area from Sebastian to Stuart for over 35 years. If you catch a red snapper inside of three miles offshore, it’s lost.”
Red snapper prefer deeper water, at least 60 to 75 feet deep, and to find those depths you have to motor out 5 or 6 miles, which puts you well into federal waters, Nicolace said, adding that depths of 160 feet or more are ideal for the species, especially fish that measure 20 inches or longer.
“After the expanded season was announced, people literally came from everywhere,” Nicolace said. “It was a big deal after so many years of only being allowed to fish for red snapper for a weekend or two.”
Both captains say they are hopeful that a ruling will emerge that is beneficial to both commercial fishermen and recreational anglers. “I think we can get there,” Hester said. “Maybe not this year, but hopefully by next year.”
In the meantime, it seems that law enforcement officers with FWC may be turning a blind eye to recreational anglers who are out there catching red snapper anyway, Nicolace said.
“We were planning on going, but when the ruling came in, we canceled. But we’ve heard from others who were stopped by Florida Fish and Wildlife that officers didn’t cite them and just told them to stop fishing for red snapper.”
Nicolace said he is not advocating for anyone to deliberately violate the injunction.
“I kind of get why some people are concerned about this expanded season,” he said. “When I first heard about it, I was surprised that it would be open for a whole month. These fish are very aggressive. If the conditions are conducive, and you’re in a good location, they’ll hit just about any bait.”
Modern technology with high-resolution imagery of what the bottom looks like makes it easier to locate spots where red snapper hang out, Nicolace explained.
“So, if recreational guys are out there thinning the herd, so to speak, there will be less fish for the commercial fishermen.” And that could mean a very lean year for the small commercial fishing outfits, he said.
Photos by Joshua Kodis
