Comment from Michael Miglini

I object to this regulation because: The notice was served after the effective date of the effect on the regulated person. This does not allow people to plan ahead and many of us have purchased permits under the current regulations believing that regulations would be consistent. It is unfair that this regulation retroactively regulates people after they have entered into a fishery under current regulations. The control date will allow the Gulf Council to evaluate fishery participation and address any level of overcapacity which eliminates due process and public input into the regulation process by allowing a small group of people with special interests to regulate others without representation. Eligibility criterion allowing access to this fishery has already been restricted and it is not the place of the government or any other regulatory agency to discourage “speculative entry into a fishery” rather it is the place of fisheries regulators to use good scientific data to set annual catch limits and then to allow the fisherman large and small to compete for those fish. It would not be speculative entry if the fisheries were managed in a manner consistent with scientific data and announcements like this were made well in advance of the effect they carry and not retroactively as this control date is. The statement: “Fishermen would not be guaranteed future participation in the fishery regardless of their entry date or intensity of participation in the fishery before or after the control date under consideration.” and the entirety of this regulation is vague and unclear as to what authority this control date provides the Gulf Council. It is impossible for a reasonable person to know what outcomes could be brought about by this regulation. This regulation appears more of a threat or tool to spread terror and uncertainty among the majority of fisherman in a manner allowing speculative control of the fishery by the Gulf Council. Overall this regulation and control date does nothing to promote the management of our fishery by scientific data. It fails to promote fisheries management in a manner which allows individual fishermen the ability to enter the fishery by purchasing the limited access privilege of another fisherman as was the rule when this control date was announced. The parties effected by this control date have not been served sufficient notice that they may be effected by this regulation and have not had sufficient time to plan accordingly. Given the current restrictions including VMS requirements it can take over one year to purchase a boat, VMS, permit, etc. and get the permit transferred thus a person who entered into and agreement to purchase a Gulf Reef permit last year may just now be transferring the permit to their vessel and will have been under the belief that fisheries regulation would have been fair and consistent. It should not be the place of a few to have the power to retroactively determine the fate of the majority. This regulation is overly broad and not defined as to what would be done with the catch history from the effected permit holder’s permit or to what extent the fisherman would be restricted from access to the fishery.