Appeals Court Decision on Gulf of Mexico Federal For-Hire Charter Boat GPS Tracking

Tarpon Monoxide

Too long for one post have to break it in smaller posts.

A class action lawsuit was filed where the PlaintiffsApellants correctly contended that the rule mandating the Vessel Monitoring System (GPS tracking) on Federally Permitted Charter boats is an unlawful unconstitutional 24 hour GPS surveillance without a warrant. The Appeals court agreed.

https://nclalegal.org/wp-content/uploads/2023/02/22-30105_Decision.pdf

https://nclalegal.org/mexican-gulf-fishing-company-et-al-v-national-oceanic-and-atmospheric-administration-et-al/

"According to the (government) agencies, the purpose of this final rule is to “increase and improve fisheries information collected from federally permitted for-hire vessels in the Gulf.” But NCLA argues that warrantless access to the GPS information of a person’s locations and movements is blatantly unconstitutional. It amounts to an unreasonable search violating the Fourth Amendment and violates Ninth Amendment rights, including the right to privacy, freedom of movement, free enterprise, freedom from unreasonable governmental interference, and the right to travel. Since plaintiffs are the sole owners of the data produced by their newly purchased devices, the seizure of it without any cause also violates the Due Process Clause of the Fifth Amendment."

The Feds conveniently leave out an important fact.

"According to the (government) agencies, the purpose of this final rule (24 hour gps) tracking is to “increase and improve fisheries information collected from federally permitted for-hire vessels in the Gulf.”

What the Feds did not say and purposely left out was they can get the pertinent data without the unconstitutional intrusion of people's constitutional rights. The Feds also left out the part that with GPS tracking they would have a data base of proprietary fishing GPS coordinates. Their GPS tracking would allow them to have the locations of valuable fishing spots that took years and thousands of dollars in gas to obtain. How convenient is that.

Quoted from Appeals Court Ruling:

"First, as mentioned above, the proposed rule would require charter-
boat owners to install NMFS-approved Vessel Monitoring System hardware
and software that transmit the vessel’s GPS location “at least once per hour,
24 hours a day, every day of the year.” 83 Fed. Reg. at 54076 (the GPS-
tracking requirement). Further, “[a]s a condition of authorized fishing . . . a
vessel owner . . . must allow NMFS [and] the U.S. Coast Guard . . . access to
the vessel’s position data obtained from the VMS or GPS.” Id. at 54077.
There are limited exceptions for when the vessel is in port or out of the water."

Quoted from the Appeals Court Ruling:

"And in addition to the financial cost, of course, the regulation imposes a massive privacy cost; demanding that charter-boat owners transmit their exact location to the Government, every hour of every day forever, regardless of why they are using the vessel.

Quoted from the Appeal Court Ruling:

"What benefits does the Government point to in response? Next to
nothing. It observes that “NMFS is charged with the conservation and man-
agement of the Nation’s fisheries.” That is certainly true, but the Govern-
ment fails to connect the GPS-tracking requirement with any legitimate con-
servation purpose. By the Government’s own telling, the only other purpose
served by the requirement is to “verify whether a vessel is at the dock” and
to “determine when a fishing trip was taken, and the length of that trip.” 83
Fed. Reg. at 54071; 85 Fed. Reg. at 44009.5 Perhaps such information might

justify the inordinate costs imposed, if the Government truly needed it. But
the Government already has this information. Indeed, at oral argument,
counsel for the Government denied any awareness of inaccuracies in charter-
boat owners’ reporting of this same information in accordance with preexist-
ing reporting requirements. In light of this fact, the benefit the Government
obtains from receiving duplicative information is minimal, if not zero. As a result, the Government has failed to show that the GPS-tracking requirement is necessary and appropriate for the conservation and management of the fishery."

The Feds disguised their unlawful scheme under the pretext of “increase and improve fisheries information collected from federally permitted for-hire vessels in the Gulf.” This scheme was designed with the GPS tracking to get the locations of the charter fishing boats fishing spots and then in a few years consolidate the charter boat permits all under the same pretext of "increase and improve the fisheries information collected." Just like they already did to the commercial reef fish fishermen a few years back the feds' rules consolidated the federal commercial reef fish permit holders and put most of the little guys out of business. Don't confuse a Federal Commercial Reef Fish Permit with a Federal Charter Boat with Reef Fish and Migratory/Pelagic Permits. They are different permits. The ruling does not pertain to permitted Federal Charter Headboats, only to permitted Federal Charter boats.

Tarpon Monoxide

The Feds insisted that they needed the GPS to increase and improve data. The Appeals Judge Panel saw through that and stated in their recent ruling that:

 

Quoted from the Appeals Court Ruling:

"Cutting against this argument is the fact that charter-boat owners are
already required to report all of the information that the Government says the
GPS-tracking requirement is designed to collect. That is, before going on a
trip, charter-boat owners must tell the Government the type of trip (fishing
or otherwise), and if it is a fishing trip, they must also tell the Government
where they are going, how long they expect the trip will take, and when and
where they expect to return. 50 C.F.R. § 622.26(b)(6). And they must report
“all fish harvested and discarded,” as well as other commercial information.
Id. § 622.26(b)(1). What is more, the record lacks any evidence that charter-
boat owners fail to accurately report their trips. Indeed, when asked at oral
argument to identify one instance in which NOAA or NMFS documented
inaccurate trip reporting, counsel for the Government failed to do so."

 

"Accordingly, on these facts, we hold that the Act does not authorize NOAA and NMFS to promulgate the GPS-tracking requirement."

 

I am for the suit and I applaud the Federal Judge Panel that overturned a blatantly unconstitutional scheme by the Department of Commerce, NOAA, NMFS, and voting Gulf Council. The Federal Judge panel excoriated the feds for blatantly violating the constitution and the Administrative Procedure Act (APA).

 

Now EDF is back once again defending trying to undermine the constitution and the APA with their Amicus Curiae brief supporting the government and gps tracking. It should be noted here that the Florida Guides Association has joined the Appellee's Amicus Curiae brief and are now in bed with EDF.

 

https://www.edf.org/media/edf-statement-5th-us-circuit-appeals-ruling-mexican-gulf-fishing-company-v-department

 

“Environmental Defense Fund (EDF) is disappointed in the recent decision by the 5th U.S. Circuit Court of Appeals to overturn the rule governing the electronic reporting and monitoring program for Gulf of Mexico charter fishermen. Over the last six years, charter business owners worked alongside NOAA Fisheries to develop and advance this innovative program to improve the sustainability of the resource and enhance access to fishing opportunities for the millions of anglers they take fishing every year. Support for the program was so widespread that in June 2022, Charter Fisherman’s Association (the largest charter organization in the Gulf of Mexico), along with Destin Charter Boat Association, Galveston Professional Boatman’s Association, Alabama Charter Fishing Association, Florida Guides Association, Ocean Conservancy, and EDF filed an amicus curiae brief in the 5th Circuit to uphold the innovative electronic reporting and monitoring program in the Gulf of Mexico."

"The inability to adequately monitor fishing activity increases management uncertainty and adds economic instability to the fishery. For the sake of charter businesses across the Gulf, the families and customers they serve, and the next generation of anglers, EDF encourages NOAA Fisheries to work with the charter for-hire industry to seek collaborative solutions that maintain the necessary level of accountability and economic stability that the program was designed to achieve.”

Tarpon Monoxide

Florida Guides Association, Ocean Conservancy, and EDF filed an amicus curiae brief in the 5th Circuit to uphold the innovative electronic reporting and monitoring and GPS tracking program in the Gulf of Mexico. Florida Guides Association took the side of this blatantly unconstitutional rule that undermined their own members and that was crushed and overturned by the Federal Appeals Court Judge Panel.

 

https://oceanconservancy.org/news/fishermen-environmental-leaders-file-brief-gulf-mexico-case/

 

"June 8, 2022

WASHINGTON, D.C. – Today, Charter Fisherman’s Association, Destin Charter Boat Association, Galveston Professional Boatman’s Association, Alabama Charter Fishing Association, Florida Guides Association, Environmental Defense Fund and Ocean Conservancy filed an amicus curiae brief in the 5th U.S. Circuit Court of Appeals in support of the electronic logbook, or ELB (gps tracking) program in the Gulf of Mexico."

Now Ocean Conservancy is back once again defending trying to undermine the constitution. It should be noted again here that the Florida Guides Association has wrongly joined the Amicus Curiae brief SUPPORTING SAID UNCONSTITUTIONAL FEDERAL RULE THAT WAS RECENTLY OVERTURNED BY AN APPEALS COURT.

In support of the the illegal GPS requirement were the Charter Fisherman’s Association, Destin Charter Boat Association, Galveston Professional Boatman’s Association, Alabama Charter Fishing Association, Florida Guides Association, Environmental Defense Fund and Ocean Conservancy filed an amicus curiae brief in the 5th U.S. Circuit Court of Appeals in support of the GPS Tracking program in the Gulf of Mexico."

 

On the Ocean Conservancy site Dylan Hubbard President of the Florida Guides Association was quoted as saying:

 

“I fully support the Gulf’s ELB (GPS tracking) program, which will not only improve data collection but will also allow our fleets to move toward a census-based and validated data collection system,” said Dylan Hubbard, president of the Florida Guides Association and owner of Hubbard’s Marina. “We want to be accountable and sustainable and to provide the most access possible to the non-boat-owning private recreational fisherman through well-documented, validated and timely reported directed fishing trips.”

 

Dylan might want to read the Appeals court decision which states that the unlawful GPS tracking scheme he and the Florida Guides Association backed will not improve data collection nor will it do anything his EDF talking points say the rule will do and in fact the rule he backed was found to be in violation of the constitution and the Administrative Procedure Act.

 

In the court's own words which undercuts Dylan's talking points lame argument.

 

Quoted from the Appeal Court Ruling:

"What benefits does the Government point to in response? Next to
nothing. It observes that “NMFS is charged with the conservation and man-
agement of the Nation’s fisheries.” That is certainly true, but the Govern-
ment fails to connect the GPS-tracking requirement with any legitimate con-
servation purpose. By the Government’s own telling, the only other purpose
served by the requirement is to “verify whether a vessel is at the dock” and
to “determine when a fishing trip was taken, and the length of that trip.” 83
Fed. Reg. at 54071; 85 Fed. Reg. at 44009.5 Perhaps such information might

justify the inordinate costs imposed, if the Government truly needed it. But
the Government already has this information. Indeed, at oral argument,
counsel for the Government denied any awareness of inaccuracies in charter-
boat owners’ reporting of this same information in accordance with preexist-
ing reporting requirements. In light of this fact, the benefit the Government
obtains from receiving duplicative information is minimal, if not zero. As a result, the Government has failed to show that the GPS-tracking requirement is necessary and appropriate for the conservation and management of the fishery."

 

 

Tarpon Monoxide

So why take my word that EDF and the Ocean Conservancy are not on the level?

 

In 2017 this was posted online in a blog about EDF and the Ocean Conservancy:

 

"Special interest groups like Ocean conservancy and EDF have hijacked the gulf council and NOAAs and NMFS and is using them to twist the country’s regulatory group from managing the fishery for the citizens to saving the fish from the citizens who actually pay the salaries for the gulf council and NOAAs NMFS."

 

https://www.hardcoregamefishing.com/the-truth-about-the-3-day-red-snapper-season-in-the-gulf-video-2/

 

You know who said that? Dylan Hubbard in 2017. He condemned EDF and the Ocean Conservancy and now he and the FGA are in bed with the same organizations EDF and the Ocean Conservancy that he previously rightly condemned.

 

The Florida Guides Association now buddies up to EDF and the Ocean Conservancy all the while they all backed an unconstitutional gps tracking rule which undermined their own members  of the Florida Guides Association (FGA) constitutional rights.

 

The FGA, EDF, the Ocean Conservancy and other associations backed an amicus curiae brief in support of a rule that was found to violate the constitutional rights of the afflicted while violating the Administrative Procedures Act. Be aware of the Trojan horses Astro turfing and their new flip flop minions.

 

https://forums.floridasportsman.com/discussion/286077/extremely-important-gulf-of-mexico-fishery-management-council-meting-update

 

From the desk of Captain Dylan Hubbard

"Well, this week's Gulf of Mexico fishery management council meeting is finally concluded and let me say, what a show! Unfortunately, there were illegal motions that violate the Magnuson Stevens Act left and right. There were so many political agendas at play it was hard to follow."

 

The FGA whose President Dylan Hubbard signed on to an Amicus Curiae brief with the political agenda organizations CFA, EDF and the Ocean Conservancy states about a Gulf Council Meeting "unfortunately there were illegal motions that violate the Magnuson Stevens Act"  then went ahead and signed on an Amicus Curiae brief for the governments side implementing illegal GPS tracking that was struck down by the appeal court because the GPS tracking scheme violated the Magnuson Stevens Act and the APA.

 

Tarpon Monoxide

https://forums.floridasportsman.com/discussion/287792/national-marine-fishery-meeting#latest

 

Per Captain Dylan Hubbard

Catch shares are not the law of the land at all, there’s no allocation based management in place at all for any part of the recreational fishery. We are fighting hard against that, and I am not apart of any PR campaign distancing from CFA I sit on their board now as I wanted to get involved with them to further ensure that catch shares were not on the horizon and would not be. The reasons I eventually joined was that they did remove their working relationship with EDF on catch shares many years ago and that the board agreed and even voted on the fact that we are not and would not be working towards catch shares as a result of the ELBs. I feel confident in that we can manage our fishery by seasons, size limits, and bag limits once we have historical access preserved and a reporting system stood up that allows for minimalized buffers and increased access. Tom is extremely far from the truth and is painting an unrealistic and untruthful narrative. Sad as we used to work together closely that he feels so strongly I have completely changed my stance from just two years ago.
Captain Dylan Hubbard

 

From your actions it is reasonable to assume that you completely changed your stance from two years ago.

 

"The reasons I eventually joined was that they did remove their working relationship with EDF on catch shares many years ago and that the board agreed and even voted on the fact that we are not and would not be working towards catch shares as a result of the ELBs."

 

EDF founded CFA as a front group to implement their hidden agenda and bidding for EDF.

The CFA or Charter Fishermens Association was founded on a big grant from Environmental Defense Fund (EDF). EDF conveniently pays the expenses of the CFA board of directors when they go to lobby. The CFA is an astro turf front group to push the agenda of EDF. Dylan Hubbard is now on the Board of Directors of this astro turf association founded on EDF money. Not long ago Mr. Hubbard stated:

 

"Special interest groups like Ocean conservancy and EDF have hijacked the gulf council and NOAAs and NMFS and is using them to twist the country’s regulatory group from managing the fishery for the citizens to saving the fish from the citizens who actually pay the salaries for the gulf council and NOAAs NMFS." Dylan Hubbard

 

https://joincfa.org/page-1383628

 

Notice the Charter Fishermens Association supported the same loosing Amicus Brief on the side of the government gps tracking program that the Florida Guides Association, EDF and the Ocean Conservancy and others supported.

 

The Conclusion of the Federal Appeals Court in their ruling.

 

"In conclusion, two components of the Final Rule are unlawful. First,

the Magnuson-Stevens Act does not authorize the Government to issue the GPS-tracking requirement. In addition, that rule violates the Administrative Procedure Act because it is arbitrary and capricious, in turn because theGovernment failed to address Fourth Amendment issues when considering it and failed to rationally consider the associated costs and benefits. Second, the business-information requirement violates the APA because the Government did not give fair notice that it would require the type of data specified in the Final Rule. We therefore HOLD UNLAWFUL and SET ASIDE the Final Rule, REVERSE the judgment of the district court, and RENDER judgment for the Appellants."

 

People need to know who is selling them out.

 

The cat is out out of the bag and it's not going back in. Will Rogers.

lemaymiami

Thank you very much for what you've posted - I've not seen this info about the FGA anywhere else.  Thank heavens I'm not a member... and I'm a full time guide since 1996... We need to hear more about this and it would be nice for an enterprising fisheries journalist to try to get the FGA on the record about their actions... 

ANUMBER1

Funny, most of the permitted charter captains that I know are for the VMS system.

They feel that it will cut down on the number of illegal and non permitted guides operating in federal waters.

Tarpon Monoxide

ANUMBER1 said:

Funny, most of the permitted charter captains that I know are for the VMS system.

They feel that it will cut down on the number of illegal and non permitted guides operating in federal waters.

Trolling nonsense again I see.

It is not funny that some ignorant charter captains including the Florida Guides Association that supported taking constitutional rights away with the illegal warrantless seach by a GPS tracking system from the honest charter fishermen.

Ignorant charter guides that are for this warrantless intrusion by the government don't and can't override the U.S. Constitution.

The only charter boats that are for this are in for the scam and scheme and duh it is all about what is in it for them. They are being used as useful idiots by the likes of EDF, the Charter Fishermen's Association and now disgustingly the Florida Guides Association.

"They feel that it will cut down on the number of illegal and non permitted guides operating in federal waters."

Unconstitutional warrantless searches via GPS tracking of honest charter captains will not track nor cut down on non permitted charter boat vessels operating in federal waters.

If you know of an illegal federal charter make the call.

The USCG seems to be doing a good job of it. They have busted many illegal charter boats with no federal captain's license in state waters and I know of 3 captains that got large fines for charter fishing in the federal zone without the proper federal charter boat permits.

https://www.fisheries.noaa.gov/feature-story/make-sure-your-charter-fishing-trip-legal-and-sustainable

If people wanted to put a GPS tracking device on your vessel and vehicle and warrentlessly track you, you would have a different outlook.

The constitution is not over ridden by a bunch of politically corrupted charter boat captains wanting illegal warrantless searches to further their agenda.

ANUMBER1

I don't think the "Hang 'em High" business owners are ignorant nor clueless 

Mackeral Snatcher

For  Tarpon Monoxide

https://www.youtube.com/watch?v=gp5JCrSXkJY

ANUMBER1

Lol

Tarpon Monoxide

ANUMBER1 said:

I don't think the "Hang 'em High" business owners are ignorant nor clueless 

All they had to do is read the Appellees' brief to know how ridiculous their arguments are.

https://nclalegal.org/wp-content/uploads/2022/06/2022.6.1-Govt-Response-Mexican-Gulf-v.-Commerce.pdf

But obviously they did not care about the constitution they favored their political agenda over the constitutional rights of other charter boats. That is clueless. They swallowed the same old party line. Of course the judge on the lower level district federal court where they originally won was appointed by O. The judge did not find on the law but was an activist judge that found on politics. The 3 judge panel at the Appeal's court don't play that game and they overturned her ruling so fast it made her head spin 100 miles away. 

https://nclalegal.org/wp-content/uploads/2022/06/2022.6.1-Govt-Response-Mexican-Gulf-v.-Commerce.pdf

The Appeal's court would have none of the lower court's judge's political activism, the appeal's court found on the law, quashed her ruling and found for the honest charter boat Appellants. 

https://nclalegal.org/wp-content/uploads/2023/02/22-30105_Decision.pdf

Even though the government illegal intrusive GPS tracking was shut down for charterboats the main of their sneaky sleazy plan is to consolidate the charter boat fishery just like they consolidated the little commercial fishermen out of business and they can and will do this because the catch history is still reported and the corrupt will use this to rid some competition just like they did to the little commercial fishermen.

Their sleazy plan is still on. They tried to set it up with the GPS tracking so while they were at consolidating the federal charter boat fishery they could steal the GPS fishing spots of those that they will put out of business. So they can't steal the GPS numbers as they planned because the appeal's court put a stop to that but they can still steal the fishery from some charter boats and that is where this is headed.

Old saying was supplanted by agenda politics The new updated saying is:

If you are too busy to join the Florida Guides Association, EDF, the Ocean Conservancy, the Charter Fishermen's Association to help us take your constitutional rights away with our illegal GPS tracking scheme which undercuts our own members then you are just too busy!

ANUMBER1

hate to tell you this but there are no secret spots anymore.

Tarpon Monoxide

ANUMBER1 said:

hate to tell you this but there are no secret spots anymore.

Since you think that is the case then you would not mind and your OFF and charter boat friends would not mind if you posted all their charter and commercial fishing GPS coordinates up because as you say there are no secret spots anymore. But there are spots that the charter boats and commercial boats rightly want to keep from becoming very well known fished out spots. And the government has no right to invade the charter boat's privacy and steal their numbers with a sleazy unconstitutional system no less.

As a side note the GPS tracking system is legal on commercials boat because they are highly regulated and the GPS system is not legal on charter boats (does not include Headboats). So the government has a treasure trove of GPS numbers that took commercial fishermen years and lots of money to find and if anyone thinks those numbers are secure with a corrupted leaking government they are living in la-la land.

.

You would not mind sharing by posting the starting and ending coordinates for your stone crab trap lines since there are no secrets anymore according to you.

Hate to tell you this but the government illegal warrantless GPS tracking system was illegal from the get go and the reason they tried to slip an unconstitutional GPS tracking provision into the law/rule was so that they would have all the GPS spots of those that were going to be consolidated out of the charter boat fishery just like the Gulf Council consolidated the commercial fishermen.

The government tried to steal the charter boat's GPS numbers via an unconstitutional rule that was quashed by the appeal's court. The government has no right to steal the charter boat fishermen's GPS numbers by a corrupt unconstitutional warrantless search so that later those numbers can and will be leaked to those charter boats that were not consolidated. How convenient is that?

ANUMBER1

you really are an idiot.. seriously get some help.

ANUMBER1

tell me what you really know about con -trails? lol

Tarpon Monoxide

I see you took time out from your MENSA meeting to come grace us with your distraction again.

Art "The Bob Gill Shill" Cannon.

Notice on the first below screen shot that Bob Gill was listed at that time as a Science and Statistical Committee Member. Notice down at the bottom of the page that it clearly stated at the time that:

"In addition persons are ineligible for membership on any scientific committee (SSC, SAP, or SEP) if that person directly receives funding from an association that lobbies the council in fishery issues."

At the same time Bob Gill was sitting on the SSC he took lobby money to lobby for an association that lobbies the council on fisheries issues in clear violation of the law/rule.

There were many others on these committees that while they sat on a gulf council committee to give advice to the Gulf Council they were at the same time getting paid to lobby the Gulf Council for an association that lobbies the gulf council.

These were the pages on their website before this was posted and discussed on this board. After that they scrambled to remove these pages well before they voted to remove the rule that forbid sitting members of advice committees from taking lobby money to lobby for associations that lobby the Gulf Council. Corruption is as corruption does.

The persons or persons responsible for removing these pages right after this was discussed on this board a few years back because these pages incriminated many on these advisory committee members and blew their cover. By removing those pages in response to what was posted here is unethical and more likely that not an illegal coverup of federal rule violations and more likely than not that is obstruction of justice. This is your corrupt government at work for you.

Since Bob Gill who is now a sitting member of the Gulf Council is a shill for several NGO's who lobby the Gulf Council and has been paid nicely by these NGO's he has no objectivity. He is a politically planted shill rubber stamp. Now since Art Cannon and Bob Gill are back slapping buddies Art is really only an extension of Gill, the Ocean Conservancy, EDF and all the other NGO's corrupting the system.

It must be kept in mind that the Florida Guides Association has sold out their scruples and principals when their president is now on the Board of Directors for the Charter Fishermen's Assocation an EDF founded and funded astro turf front group and signed on with these groups with an Amicus Curiae brief supporting the NMFS-GMFMC illegal warrantless search by GPS tracking system which attempted to undercut their own members constitutional rights that was stuck down by the appeal's court. Since that came out on this board I see no more photo advertisements for Hubbard's Headboat. The author of those photo reports for Hubbard's Overnight Headboat who has rightly railed against EDF in the past got double crossed.

ANUMBER1

you are grasping at straws in desperation.

Just like your stories on the kingfish netting, no links on dead fallout and pure speculation on your part.

10 years later, I'm still waiting on Red Lobster and Wal-Mart selling ARS catch shares.. lol

Tarpon Monoxide

Not to worry I will get to the Walmart, EDF, Ocean Conservancy, Bob Gill, Art Cannon and many others connect the dots in another post.

Bob Gill served 2 3 year terms on the Gulf Council then became a member of the Gulf Council SSC. Then lobbied for GSI and the Ocean Conservancy who both lobby the Gulf Council. Not only did Gill lobby for the Gulf Seafood Instutute against a federal rule he was actually on the Board of Directors of the GSI that lobbies the Gulf Council. You think there may be a tad of conflict of interest there?

"In addition persons are ineligible for membership on any scientific committee (SSC, SAP, or SEP) if that person directly receives funding from an association that lobbies the council in fishery issues."

Screen shot (below) of the GSI website back when Gill was on a Gulf Council Advisory Committee the SSC and also being paid lobby money to lobby for GSI who lobbies the Gulf Council.

Robert Gill – Owner, Shrimp Landing Seafood – Florida

"Robert Gill, Owner, Shrimp Landing Seafood

"With more than 20 years of shipbuilding experience, Robert Gill purchased a fish house on the west coast of Florida. The diversified dockside wholesale and retail seafood business ships fresh and frozen seafood throughout U.S. and Canada. Recognizing the changing regulations had a significant influence on his business, Gill has participated extensively in fishery management at the local, state and federal levels."

"Gill has represented Florida on the Gulf of Mexico Fishery Management Council, serving as Chairman in 2011-2012. Since leaving the council, he has served on various advisory panels.  He currently  sits on the Gulf of Mexico Scientific and Statistical Committee. During his career he has served as CEO of Cedar Key Fish and Oyster Company, as well as president of Krizman Forge."

GSI was so proud of Bob Gill being on the Gulf Council SSC and lobbying for GSI that they stated it on their website without knowing that is was evidence of a federal rule violation. Thanks GSI for you help.

"He (Bob Gill) currently  sits on the Gulf of Mexico Scientific and Statistical Committee."

At the same time Bob Gill was sitting on the Gulf of Mexico Scientific and Statistical Committee he was lobbying for GSI a seafood association. This is a clear violation of the law/rules. There was a coverup. The reference to the rule was removed from the Gulf Council website well before the sleazy vote by the Gulf Council to remove the rule that Gill was violating. The fact remains BEFORE THE RULE WAS CHANGED THE LAW/RULE WAS VIOLATED AND COVERED UP.

"In addition persons are ineligible for membership on any scientific committee (SSC, SAP, or SEP) if that person directly receives funding from an association that lobbies the council in fishery issues."

Gill was a paid lobbyist for Gulf Seafood Institute. Gulf Seafood Institute lobbied the Gulf council on fishery issues at the time gill was on the SSC.

Bob Gill was not the only advisory committee member doing this at that time. There was a whole nest of many advisory committee members violating the same law/rule at that time. I have a list of the violators on another thread and if need be I can post it here again.

Now Bob Gill is back as a voting member of the Gulf Council because he was a good little minion before on the Gulf Council and they know he is a reliable rubber stamp.

 

---

Tarpon Monoxide

There is a door for certain select Gulf council members past and present to lobbying firms disguised as NGO environmental groups and/or seafood promoting organizations. Nothing wrong with a seafood promoting association  if they are on the level and are not trying to mask their true hidden for the public agenda.  The problem is most of them are just phony front groups designed to try to thwart the public's right to see their  association's hidden agenda by masking it with a warm and fuzzy false image.

It starts with a job offer. Remember Jack Abramoff? He was a  lobbyist who was convicted of federal conspiracy, fraud and tax evasion charges. The scandal involved 21 other people who were white house officials,  fellow lobbyists, congressional staffers and former Rep. Bob Ney (R-Ohio)  that were either convicted or took plea bargains.

"According to Abramoff’s playbook on how to gain influence in Washington, you could “own” a congressional office as soon as you said to a top staffer, “You know, when you’re done working on the Hill, we’d very much like you to consider working for us.”

Same for some members of the Gulf Council, The magic words from the corrupting NGO's are: "You know, when you're done as a Gulf Council Member, we'd very much like you to consider working for us." Wink Wink.

"Those magic words win access and information more readily than campaign donations. With a job offer on the table, the official or staff member is all but working for the lobbying firm, on the taxpayers’ dime."

Some council members don't wait until they are not voting members of the Gulf Council and go right on ahead and lobby for special interest NGO's by representing their interests working for GSI's  special interest which is a different interest than the taxpayer's interest who are funding all of this politically corrupt nonsense.

Not long ago there 3 voting Gulf Council members who are also on the Board of Directors for Gulf Seafood Institute (GSI), which was suspiciously set up with a $20,000 grant from the Ocean Conservancy. The phony front association Ocean Conservancy funded the Trojan Horse Gulf Seafood Institute.The same Ocean Conservancy that the Florida Guides Association joined in an Amicus Curiae brief supporting the government's illegal GPS tracking scheme for charter boats that was stuck down by the appeal's court.

http://gulfseafoodnews.com/2013/09/08/gulf-seafood-institute-becomes-reality-with-20000-grant-from-ocean-conservancy/

Interestingly, Council members that want to go on to that "pre-offered"  job with an NGO act differently while they are on the Gulf Council than members who don't. All you have to do for evidence of this is look at the current council members who are at the same time on the GSI Board of Directors and representing GSI and look at their votes. Or look at the council members who left the Gulf Council and are ineligible on Gulf council committees and panels and who at the same time represent NGO's like GSI.

If you put this to the common man's smell test, this certainly has the appearance and odor of their desire to please their potential future employer or funder.

These council members don't seem to understand there is an ethical, moral and legal problem from silently shifting their allegiances from their constituents to their current or future NGO funders.

Now all of the being said let's take a look at some interesting things.

Seems some people just don't believe me what I said certain things.

Right on the Gulf Seafood Institute's website right from Ed Lallo - Gulf Seafood News Editor in response to a comment posted on the GSI website clearly stated:

http://gulfseafoodnews.com/2014/05/07/serendipity-gsi-bob-gill/

 "News Editor (Ed Lallo)

May 9, 2014 at 6:59 am

"Bob Gill is not working for the Ocean Conservancy or any other organization other than GSI and the Gulf Council currently. I think it is important that you don’t make accusations without having your facts correct, or future comments will not be approved."

Ed Lallo – Gulf Seafood News Editor"

      So Ed Lallo of the Gulf Seafood Institute is confirming that Bob Gill IS currently working for GSI and the Gulf Council at the same time.  And since I did not want to make any allegations before I had my facts I will let Ed Lallo's statement about Bob Gills working for the Gulf Council and GSI at the same time speak for itself and me.

The eye witness for this is none other than GSI's own Ed Lallo!

GSI Staff and Board

Staff

Ed Lallo – Media Relations and Editorial Director

 

News Editor (Ed Lallo) says:

May 9, 2014 at 3:42 pm

Thomas, Bob Gill has never worked for the Ocean Conservancy (OC) or any NGO, period. He was asked to testify by the OC twice before Congress, for which they reimbursed him travel expenses, a W-2 was never filed by the OC. I really wish that you would get your facts straight before making libelous accusations. You are familiar with the recent court ruling on two libelous statements made on social media. I would suggest you stick to the facts. Also, he was not “dumped” by the Gulf Council, he served at the pleasure of the Florida governor who did not reappoint him.

      Well, here are the facts, first off GSI's Lallo is saying that "Gill has never "worked" for the Ocean Conservancy (OC) or any NGO, period. He was asked to testify by the OC twice before Congress, for which they reimbursed him travel expenses, a W-2 was never filed by the OC."

Again GSI's Mr. Lallo is my eye witness because since Ed Lallo clearly states that Bob Gill was  reimbursed   his "travel expenses" by the Ocean Conservancy for testifying in behalf of the Ocean Conservancy and getting reimbursed for travel expenses by the OC IS ABSOLUTELY BEING FUNDED BY AN NGO TO DO THEIR SPECIAL INTEREST LOBBYING ALL THE WHILE GILL IS INELIGIBLY TAKING OUR TAX DOLLARS OF $250.00 PER DAY PLUS MEAL AND MOTEL EXPENSES FOR THE SSC MEETINGS  AND $125.00 TO SIT IN FRONT OF A COMPUTER  AT A SSC WEBINAR ALL CONVENIENTLY PAID BY THE TAXPAYERS WHILE HE SITS ON THE GULF COUNCIL SCIENCTIFIC  AND STATISITCAL COMMITTEE (SSC) IN VIOLATION OF THE PERTINENT LAW.

 

 

 

 

Tarpon Monoxide

Nothing like double dipping the taxpayers, especially when you are ineligible to do so because you are ineligibly sitting on the Gulf Council SSC and SAP's while you were funded by the Ocean Conservancy and more likely than not receive at least reimbursement "funding" for your travel  expenses while you are lobbing for the Gulf Seafood Institure.

Bob Gill, center, walks the Hill with fellow GSI members, meeting with Congressmen and their staff on legislation effecting the Gulf of Mexico. 

GSI board members David Krebs (l-r), Gill, Johnny Greene and Harlon Pearce meet with a staff member of Congressman Cedric Richmond (D-LA). 

"According to Abramoff’s playbook on how to gain influence in Washington, you could “own” a congressional office as soon as you said to a top staffer, “You know, when you’re done working on the Hill, we’d very much like you to consider working for us.”

Same for some members of the Gulf Council, The magic words from the corrupting NGO's are: "You know, when you're done as a Gulf Council Member, we'd very much like you to consider working for us." 

 

 

ANUMBER1

You are bitter person who hides behind the anonymity of a keyboard twisting the truth and repeating yourself over and over.

I'm starting to feel sorry for you.

Tarpon Monoxide

https://www.sportfishingmag.com/NOAA-fisheries-management-corruption/

Courtesy  of CSP

"In 2015, Greene and two other sitting Gulf Council members were forced to disclose their position as board members for the newly formed Gulf Seafood Institute when recreational anglers brought their involvement to light. It was something of a mystery at the time why Greene, a recreational representative who owns a charter company, elected to become intimately involved with an entity promoting commercial seafood harvesters in the Gulf, but it makes a bit more sense in light of his undisclosed involvement with Waters Fishing LLC. What doesn’t make sense is why NOAA sees fit to be so lenient with a repeat offender. Fail to disclose once, shame on you. Fail to disclose twice…"

The Gulf Seafood Institute or GSI was founded by none other than EDF. Connect the dots and follow the money.

https://forums.floridasportsman.com/discussion/186649/gmfmc-ineligible-scientific-and-statistical-committee-and-advisory-panel-members#latest