Longline Legislation Critical to Successful Restoration of Federal Fisheries by Rick Farren CCA Florida’s Bluewater Campaign continues to yield results through federal longline legislation and greater public awareness of the failed management of offshore fisheries. In the U.S. Senate, CCA is continuing its strong support for legislation sponsored by Sen. John Breaux, D-LA, and Sen. Olympia Snowe, R-Maine, that will sharply decrease longline fishing along South Atlantic and Gulf of Mexico coasts. Representing the principles of an agreement reached after months of negotiations between CCA, the American Sportfishing Association, the Billfish Foundation, and the Blue Water Fisherman’s Association, Senate Bill 1911 contains a number of conservation measures including the closing of more than 160,000 square nautical miles to commercial longlining. The total affected area consists of a year-round closure of 80,000 square nautical miles between Key West and the North Carolina/South Carolina borders, and a three-month closure of 82,000 square nautical miles in the Gulf between Cape San Blas and the Texas/Mexico borders. Recently, the National Marine Fisheries Service, (NMFS) after being hit by a lawsuit challenging the agency’s failure to protect fisheries in federal waters, belatedly approved a set of regulations addressing pelagic longline bycatch. Although the NMFS rule closes similar areas to those described in the federal legislation to pelagic longline fishing, there are a number of important differences between the two plans that will impact the recovery of fisheries off Florida’s coasts. And in fact, these differences point out the importance of controlling longline bycatch through legislative means. "In some ways, the NMFS plan is a start in the right direction," said Ted Forsgren, CCA Florida executive director. "But it falls far short of what is needed to begin restoring billfish populations in the South Atlantic and the Gulf of Mexico. We still have a lot to do, including passage of the federal legislation that will help complete the protection picture." "Perhaps the most important difference between the two approaches," added Forsgren, "is that although the NMFS plan will help curtail longline fishing off Florida’s east coast, in particular for swordfish and other pelagic species, it still allows the use of longlines in these ‘protected’ areas to harvest other important species such as dolphin (mahi mahi). The federal legislation, on the other hand, calls for a total ban of all pelagic longline use in the closed areas." In the Gulf of Mexico the NMFS plan, as in the federal legislation, includes a three-month closure within the designated area, but it fails to extend the closure outward from shore to a depth of 500 fathoms as in the legislation. The NMFS plan includes a prohibition against using live bait on longlines in the Gulf. The legislation also includes an extensive longline buy-out program that will permanently remove up to 90 U.S. longline swordfish permits and as many as 68 longline vessels from the fishery, reducing the fleet by at least one-third. This aspect of the plan, which is possible because it’s being done through federal legislation, corrects a weakness in the NMFS rule which contains no buy-out provision, but instead allows for "effort shifting" by longline operations to unprotected areas, which will in-turn undermine a large portion of the potential gain."Swordfish, blue marlin and tunas are all highly migratory species which by their very nature will eventually travel out of the protected zones and into open areas where they’ll encounter more longline boats and more hooks," said Forsgren, adding "the federal legislation also includes a well-funded research program that will look at ways to further reduce bycatch mortality and longline use by foreign fishing fleets in international waters. This is a very important aspect of any attempt to establish a long-term conservation plan for these wide-ranging species." CCA Florida Membership Reaches Record Levels The successful 1998-99 reorganization has led to a membership increase of 3,000 new members in the last seven months. Thanks to the combined efforts of chapter volunteers and staff, CCA Florida’s membership will soon pass 10,000 for the first time in the organization’s 15-year history. "It’s new ground for CCA Florida," said General Manager Jon Flint, "and it demonstrates a recognition by the public of the hard work and level of success CCA has achieved in protecting our marine resources." Since January 2000, the membership has climbed from 7,200 to nearly 10,000, and is continuing to increase. The rising membership, which is occurring in conjunction with an extremely successful series of fall and spring banquets, is the direct result of a major reorganization of the business office which was undertaken by the Management Committee in 1998. The most important step was the creation of regional director positions to work directly with a limited number of local chapter volunteers in both development and fundraising efforts. Another new membership program contributing to the organizational growth has been a partnering between CCA Florida and a number of saltwater fishing tournaments around the state. In return for assisting with the operation of the tournaments, a portion of each entrance fee is used to make participants members of CCA Florida. "It’s a natural partnership," said Regional Director Scott Nichols. "We provide experienced help from local volunteers." "You could say we’re professionals when it comes to special events," added Nichols. "We’ve done hundreds of them, and can be a big help to tournament volunteers who don’t do it on a regular basis, and whose main concern is running a fishing tournament. And when the entrants become CCA Florida members, it helps extend the cause of conservation and makes fishing better for everyone." So far this year, more than 1,400 new members have joined CCA Florida through partnerships in tournaments including the Yamaha/Contender Miami Billfish Tournament, Jupiter Grand Slam, Pompano Beach Fishing Rodeo, Caloosa Catch and Release, and the Red Snook Tournament Series. Regional directors and chapter volunteers have also been working membership booths at fishing shows and expositions around the state. The Florida Sportsman Fishing Shows, the Shallow Water Fishing Expos, Budweiser Fish Week and the Frank Sargeant Annual Outdoors Expos all provide free space for CCA membership and information booths. In addition, an invitation to join CCA Florida that was extended this summer to the readers of Florida Sportsman magazine has resulted in more than 500 new members. "We’re not stopping here, however," said Flint, "but are instead working to expand each of these programs while looking for other opportunities to help us grow into an even stronger and more effective CCA Florida." CCA Florida Blasts Proposal To Allow Hoop Net Fish Traps In State Marine Waters CCA Florida Blasts Proposal to Allow Hoop Net Fish Traps in State Marine Waters
Forsgren pointed out that the major difference between the fish traps which caused so much damage in marine waters and the proposed hoop net traps is size; the hoop net traps are several times larger—4 to 6 feet in diameter and 12 feet long. The Organized Fishermen of Florida had requested special permits which would grant exemptions from the statewide ban on fish traps in marine waters. The permits and exemptions would have allowed 11 commercial fishermen to use hoop net fish traps in marine waters of Northeast Florida. After considering public comments and other information, the FWC, on July 27, issued a letter stating: "...the Division of Marine Fisheries will not recommend to the Commission that such license be issued...We have determined that hoop net use in the lower St. Johns River would potentially have unacceptable impacts, including mortality, on threatened and endangered sea turtles and diamond terrapins...We also note the likelihood of increased congestion, conflicts with other historical users of the watery, and potential impediments to navigation. Finally, we believe that this gear cannot be considered ‘innovative’ under the criteria used to grant a Special Activities License." CCA Florida offered the additional following points in opposition to hoop net fish traps during the public comment period as reasons to reject the request. 1. Granting exemptions to the 20-year ban on the use of marine fish traps is bad public policy and bad fisheries policy. Fish traps, in various forms, have led to overfishing damage and waste wherever they have been used in the marine environment. In 1980, the Florida Legislature banned all fish traps in all Florida waters (except for small pinfish and sea bass traps). In addition, in 1991, the South Atlantic Fishery Management Council banned the use of fish traps in South Atlantic federal waters from North Carolina through Florida’s Atlantic Coast. And in 1996, the Gulf of Mexico Fishery Management Council banned the use of fish traps in federal waters off of Alabama, Mississippi, Louisiana and Texas. In Florida, the Gulf Council enacted a moratorium on fish trap permits and a phase out which will ban all fish traps in Florida’s west coast federal waters in the year 2006. 2. Lost "ghost" traps unnecessarily kill and waste marine life. Lost and abandoned traps become "ghost" traps which continue to catch and kill untold numbers of fish and other marine life for years. Carelessness, storms, deliberate abandonment, or illegal traps; whatever the reason, lost "ghost" traps continue to be found in all areas where they are fished. Since new fish "victims" and other marine life are attracted to "ghost" traps to feed on captured or dead fish in the trap, or to aggregate with other fish in traps for shelter, the lost traps continue to rebait themselves for many years. 3. Overfishing. Fish traps are capable of exerting more harvesting pressure than traditional hook & line gear because the traps are left in the water to continue "fishing" for hours or days at a time. In the South Atlantic and Florida Keys, fish traps not only took excessive numbers of grouper, snapper and other predators, they also captured algae-eating herbivores which were essential to the natural balance of Florida’s coral reef ecosystem. In Bermuda, which banned fish traps in 1990, trappers first overharvested snapper and grouper stocks, then switched to parrotfish and overfished that species. 4.By-kill and drowning of sea turtles, gamefish and other non-targeted species. There is at least one documented incident where an endangered green sea turtle entered and drowned in a hoop net fish trap set for research purposes in the coastal waters of North Carolina. The federal agency involved in the research project issued a directive requiring all hoop net traps to be removed from the water every 45 minutes to prevent drowning of sea turtles. The commercial industry proposal calls for the hoop net traps to be left submerged for three to four days before being checked. The coastal waters of Northeast Florida are prime habitat for the diamondback terrapin, a threatened species. Hoop net traps will undoubtedly catch and kill an unknown number of these turtles. There are also two reported cases of manatee calves drowning in hoop nets; so the commercial hoop net proponents say they are willing to place excluder bars across the mouth of the trap to prevent manatees from drowning in the traps. If these hoop net traps are so huge that even manatees can get in them, then virtually everything else in coastal waters can get caught inside. 5. Use of fish traps will spread throughout state coastal waters. If the northeast fishermen catch commercial quantities of fish with the hoop net fish trap, then other commercial fishermen will demand and/or sue for the right to use the same traps in their coastal areas. The most likely demands will come from the hundreds of commercial blue crab trappers who are already working untold thousands of crab traps. All will want hoop net fish traps to add to their crab trap lines to enhance their landings. If the FWC allows them in one part of the state, it will be difficult, if not impossible, to prevent their use in other similar coastal areas. 6. Once allowed, there is no way to enforce a limit on the number of traps used or where they can be used. Enforcement problems and limitations are clearly demonstrated by the continuing use of illegal gill nets which were banned more than five years ago. However, the use of illegal fish traps will be more difficult to enforce because the traps are sunk out of sight, not checked for days on end, and will simply be marked and look like any of the many thousands of crab trap buoys that currently exist in our coastal waters. Although Florida banned fish traps in state waters in 1980, it has been virtually impossible to prevent repeated and continuous illegal trapping in some state waters because traps were allowed to be possessed and transported across state waters for use in adjacent federal waters. CCA Florida appreciates the strong stand taken by the Florida Fish and Wildlife Conservation Commission staff in maintaining the 20-year ban on fish traps in Florida coastal waters. by Rick Farren The program allowing the use of tarp "scam" nets ended on July 1, 2000. Earlier this year the Fish and Wildlife Conservation Commission (FWC) voted to allow the legislatively-enacted "Baitfish Pilot Project" to expire (sunset) on July 1. The program, which CCA Florida has consistently felt was a violation of Florida constitutional netting restrictions, had allowed seven huge, tarpaulin purse seines to be used in four Panhandle counties for the past three years. CCA Florida has also stated repeatedly that the seines were being used to harvest food fish which state statutes have prohibited for many years. The decision to not reauthorize the program came after the commissioners heard a status report from FWC staff and testimony from tarp netters and CCA Florida. After the FWC’s decision, a seafood dealer and bait fishing business filed a lawsuit in the Second Judicial Circuit Court requesting an injunction allowing the program to continue, and challenging the FWC’s finding that the program violated the state’s constitution. The FWC’s position was that the tarps increased the size of the nets beyond the 500-square-foot constitutional limit. On June 20, however, with CCA Florida on the brink of intervening in the suit, Circuit Judge F.E. Steinmeyer, III, denied the request for an injunction to prevent the FWC from declaring the nets unconstitutional. Attorneys representing the state successfully argued that regardless of their constitutional status, the tarp nets will become illegal by both commission rule and Florida statutes as of July 1, 2000. by Ted Forsgren The economic impacts of Florida’s saltwater recreational fishing industry are measured in billions of dollars per year. Yet, it’s difficult for the average person to understand just how large and important recreational fishing is to Florida’s overall economy until you compare it to another well-known and important element of Florida’s economy — the citrus industry. What’s surprising to many is that the economic impacts of Florida’s saltwater recreational fishing industry are greater than the impacts of the citrus industry. The following three excerpts were taken from a review of specific economic impacts published by the University of Florida’s Institute of Food and Agricultural Sciences in 1999: Florida is the number one state in the U.S. in terms of participation in marine recreational fishing and the economic value of fishing related expenditures. Recreational fishing in Florida is so popular that about 1 of every 4 fishing trips in the U.S. occurs in Florida. Direct expenditures (trip and equipment expenditures) related to marine recreational fishing were nearly $6 billion in 1996 and can be associated with an additional $2 - $5 billion in economic impacts on the Florida economy. More than 50 percent of this economic activity can be attributed to tourists. Citrus is Florida’s most important agricultural crop. The most recent 10-year average on-tree value of all citrus (1988-89 to 1997-98) was an estimated $1 billion with a 1988-89 season on-tree value of more than $1.4 billion. The wholesale value of production is three times the on-tree value, with the retail value being twice the wholesale value. Florida produced more than 70 percent of total U.S. citrus production during the last 20 years, averaging approximately 10 million tons of fruit per year. In summary, Florida’s marine recreational fishing amounts to $6 billion in direct expenditures plus $2 - $5 billion additional economic impacts. The Florida citrus industry has an average annual retail value of $6 billion. Impact of the Net Ban on Commercial Landing Values By Ted Forsgren In 1994, Florida voters overwhelmingly approved a constitutional amendment which prohibited the use of all gill and entangling nets in all state coastal waters and also prohibited any other nets greater than 500 square feet in all nearshore and inshore coastal waters. These measures were adamantly opposed by commercial fishing interests who claimed that the amendment would devastate the commercial fishing industry in Florida. Amendment supporters claimed that gill net and purse seine caught fish represented a small percentage of the total value of commercial fishery landings and that declines in those fisheries would be short term and counteracted by shifts to and increases in other commercial fisheries such as stone crabs and shrimp. The "net ban" went into effect on July 1, 1995. Since then, commercial interests testifying before the Marine Fisheries Commission and now the Fish and Wildlife Conservation Commission, often refer to the "devastating economic impacts" of the net ban on Florida’s commercial fishing industry. However, analysis of the value of reported commercial fishery landings in Florida gives a completely different picture. Although there were direct economic impacts on those commercial fishermen and businesses who primarily used gill nets and had to shift to other commercial fisheries and other commercial gear, or seek other employment, the overall dollar value of Florida’s commercial fisheries did not decline after the net ban went into effect. Commercial Fisheries Landings and Values Every year, the National Marine Fisheries Service (NMFS) compiles and publishes information on the total pounds of fish and shellfish commercially landed in each coastal state and the estimated dollar value of those landings. NMFS obtains most of that information from the state agencies that collect the information for their state. Florida law requires commercial fishermen to report all of their fishery landings. The net ban was implemented in mid-1995. NMFS data, however, shows that the highest value for Florida commercial fishery landings in the past ten years ($230,475,892) came in 1996, the first full year after the net ban was implemented. Additionally, the average annual value for the three years prior to the net ban (1992-1994) was $192.5 million. For the three years after the net ban (1996-1998), the average annual value had grown to $213.6 million. It is also interesting to note that Florida commercial landing values remained high the year after the net ban went into effect even though the states of Alabama, Georgia, Louisiana, Mississippi, North Carolina and South Carolina all had significant declines in commercial landing values from 1995 to 1996. One of the primary reasons for the absence of any significant declines in total value of commercial landings can be seen in an analysis of dollar value of various commercial fisheries in 1990 done by CCA Florida during the net ban campaign. The analysis demonstrated that most of Florida’s total commercial value was—and still is—in shrimp, spiny lobster, stone crabs, oysters, groupers and snappers. None of those fisheries were gill net fisheries. In addition, commercial cast net fisheries for mullet and other fish have developed since the net ban and helped to recover some of the landings lost by banning gill nets. In fact, the tremendous recovery and statewide increase in abundance of mullet has led to annual increases in post-net ban landings by the commercial cast net fishery, from 4.5 million pounds in 1996 to 7.2 million in 1998. CCA Takes A Stand Against No-Fishing Zones A recent regulation issued by the U.S. Secretary of Commerce threatens to prohibit almost all forms of fishing—both recreational and commercial—in two areas of U.S. waters for the protection of gag grouper. This move could set a precedent for additional no fishing zones marking one of the greatest threats to the future of recreational fishing access. In response to this threat, CCA has filed suit in federal district court in Tampa against the National Marine Fisheries Service to protect the rights of recreational fishermen. "The Secretary’s regulation has a fundamental flaw," said Fred Miller, chairman of CCA’s government relations committee. "It arbitrarily denies access for recreational fishing that is not detrimental to gag grouper stocks." The areas closed by the rule include a 104-square-nautical-mile zone west of Tarpon Springs and a 115-square-nautical-mile zone south of Panama City. Congressional policy allows for ocean area closures where it can be shown they are necessary to conserve troubled fish stocks. The Secretary’s proposed no-fishing zones curtail bottom fishing for gag grouper as well as preventing fishing for other unrelated and healthy fish stocks that occupy mid and upper levels of the ocean’s water column. "A closure of gag grouper spawning areas to bottom fishing is easily defended," said Jay Johnson, counsel for CCA. "But, a complete closure of the area for recreational anglers trolling for mackerel, wahoo or other pelagic species 200 feet above these areas is misguided. A reef fish management measure should not be used to close all forms of fishing." "This is the result of a bait and switch tactic," said Ted Forsgren, executive director of CCA Florida. "Throughout all the public hearings, the proposal was presented as a closure to fishing for reef fish in a spawning aggregation area. We supported that closure from the beginning. Then, at the final action stage, it was switched to a total closure to all fishing." CCA opposes regulations that prohibit recreational fishing access unless it can be scientifically determined that recreational fishermen are the cause of a specific conservation problem and traditional conservation measures are inadequate. Unfortunately, federal fishery managers continue trying to manage fish stocks with piecemeal closures as is currently being considered for large areas of the Dry Tortugas. It makes far more sense to manage fish populations as a whole with strict bag and size limits, and gear restrictions. In that way, all waters are protected not just certain areas where you stop all fishing and then overharvest everything outside of those areas. "Federal managers simply don’t have the courage to adopt strong controls on commercial fishing such as tough bag and size limits, no-sale provisions and spawning season closures," said Forsgren. "Instead they claim no fishing zones are needed to successfully manage recreational species. In Florida, however, the tremendous, successful recovery of redfish was accomplished without closing one square mile of coastal waters to fishing."
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The
Florida Fish and Wildlife Conservation Commission (FWC) recently considered
a request from commercial fishing interests for a Special Activities
License to allow the use of hoop net fish traps in Northeast Florida
coastal waters. At a public hearing held in Jacksonville on June 8,
CCA Florida Executive Director Ted Forsgren testified against their
use. "Fish traps in marine waters have been banned for more than
20 years," said Forsgren. "These hoop nets are simply giant,
soft-sided fish traps. The fact that the Commission is holding hearings
and considering this request is of great concern to us."
