SEAWATCH December 2004 Issue #103

Table of Contents:

• New Research Refutes Theories and Claims That No-Fishing Zones Replenish Fisheries in Adjacent Areas -- by Ted Forsgren
  
• First District Court Rejects Another Commercial Industry Attempt to Legalize Gillnets -- by Ted Forsgren
• Biscayne Bay Working Group Endorses Education and Law Enforcement
• CCA Florida Habitat Restoration Efforts Supported by Redfish Nation And FishAmerica Foundation
• A Look Back at 2004 — a year of great challenges and great successes
• West Marine Comes Through With Major Commitment to CCA Florida
  

New Research Refutes Theories and Claims That No-Fishing Zones Replenish Fisheries in Adjacent Areas

by Ted Forsgren, CCA Florida Executive Director

The recently published study indicates that no-fishing zones are not the successful fisheries management tool that advocates claim.

The assertions of replenishment and other fisheries management benefits made by no-fishing zone supporters are clearly undermined by a new report released by the Florida Fish and Wildlife Conservation Commission (FWC). The results of the study, in fact, directly refute the theory that no-fishing zones are viable fisheries management tools. It’s also significant to note that the research was conducted at the no-fishing zone near the Kennedy Space Center—the same area that no-fishing zone proponents have been using to allege that replenishment of surrounding waters does occur.

In the study, FWC researchers conducted a long term and comprehensive assessment of fish moving into and out of the no-fishing zone. Between 1990 and 1999 fish were tagged and their movements between an estuarine no-take zone and the surrounding waters were examined. The tagged species included redfish, black drum, sheepshead, common snook, spotted seatrout, bull shark and jack crevalle.

Study results clearly revealed that the no-fishing zone did the exact opposite of what proponents have been claiming. Instead of replenishing adjacent areas, the zone pulled substantially higher numbers of fish from adjacent waters into the no-take zone.

Following are some key statements and findings from the FWC research:

Reserve areas that attract and retain exploitable individuals from surrounding habitats at higher rates than they replenish those habitats could be considered to be sinks in terms of their ability to directly supplement adjacent fisheries through spillover of exploitable sized individuals. Fish emigration from reserve habitats and the replenishment of nearby fisheries is a commonly predicted benefit of harvest reserves (see reviews in Robert and Polunin, 1991 and Rowley, 1994). However, there are currently no studies that simultaneously examine emigration and immigration relative to estuarine reserves or that document the extent to which reserve areas may also function to withdraw individuals from surrounding fisheries. Without assessment of net exchange, the interpretation of reserve benefits with respect to replenishment cannot be properly evaluated.

Recapture rates for sportfish species that migrated across the NTZ [no-take zone] boundary suggested that more individuals may move into the protected habitats than move out. These data demonstrated that although this estuarine no-take reserve can protect species from fishing, it may also serve to extract exploitable individuals from surrounding fisheries.

There were substantial differences in the migration patterns of fish between the two areas. In the vicinity of the NTZ, the relative potential for overall sportfish migrations (primarily red drum and black drum, which provided the greatest quantity of tag recovery data) towards the NTZ from unprotected habitats (52%) was greater than the potential from migrations out of the NTZ (5%).

FWC staff further summarized the key issue of immigration versus replenishment for two important species by stating that “in the vicinity of the estuarine no-take zone at Merritt Island National Wildlife Refuge, the relative rate of immigration into the reserve by sportfish species was higher than the rate of emigration out of the reserve for both black drum (90% vs. 25 %) and red drum (27% vs. 3%).”

The marine protected area (MPA)/no-fishing zone debate is a huge issue in Florida where 29 MPA/no-fishing zones, ranging in size from hundreds of acres to several hundred square miles, have already been established. More are being proposed all the time. In 2001, the South Atlantic Federal Fishery Management Council released a “shopping list” of 42 new MPA/no-fishing zones from North Carolina to Florida. Nineteen of the zones were targeted for Florida’s East coast. The proposed list has since been reduced to four off of Florida. In addition, the Biscayne National Park is currently developing a general management plan which will almost certainly include recommendations and options for no-take/no-fishing zones.

Throughout the debate CCA Florida has stated that there are far better management measures available to restore and manage saltwater fisheries. Such measures include spawning and other season closures, daily and season take limits, and size limits.

“These are proven measures which have restored and protected redfish, snook, seatrout, and other fisheries in Florida,” said Michael Kennedy, CCA Florida Chairman. “No-fishing zones should be the last course of action, not the first. There is no reason to go to the extreme of prohibiting all fishing.”

CCA Florida predicts this new research will have a major impact on the no-fishing zone issue and reinforce the need to remain focused on proven conservation measures to protect and restore fisheries.

For a complete copy of the report, “Multidirectional movements of sportfish species between an estuarine no-take zone and surrounding waters of the Indian River Lagoon, Florida,” by D.M. Tremain, C.W. Harnden and D.H. Adams, Florida Fish and Wildlife Conservation Commission, 2004, go to http://research.myfwc.com/publications.

[return to Table of Contents]

First District Court Rejects Another Commercial Industry Attempt to Legalize Gillnets

by Ted Forsgren, CCA Florida Executive Director

The First District Court of Appeal has affirmed and upheld a legal decision by the Florida Fish and Wildlife Conservation Commission (FWC) which asserted that a “hybrid” commercial net was illegal.

“It’s another well-reasoned ruling by the courts upholding the ban on gill and entangling nets,” said Michael Kennedy, Chairman, Coastal Conservation Association of Florida (CCA Florida). CCA Florida intervened in the lawsuit to support the FWC’s decision.

In 1994 an overwhelming 72 percent of Florida voters approved the constitutional amendment limiting marine net fishing, which includes both a prohibition on the use of gill and entangling nets in all state waters and a size limit on other nets. Although the restriction has been in place for nearly ten years, there are still factions within the commercial industry who refuse to accept the legal reality that the constitution prohibits gillnets.

As a result, since 1994 there have been numerous lawsuits, attempts to create enforcement loopholes, and outright scams all designed to invalidate or circumvent provisions of the constitutional amendment. All have failed. The Florida Legislature, Florida Courts, and state agencies have consistently upheld the clear intent of Florida voters.

In this most recent case, the commercial interests were attempting to circumvent a regulation which set a maximum mesh size of two inches for seine nets to establish a “bright line” distinction between illegal gillnets and legal seine nets. The commercial interests claimed that their net, which would have a mesh size larger than two inches, was legal because it was a “hybrid” net and not a gillnet or seine net.

Two similar lawsuits had been filed before to invalidate or circumvent the two-inch maximum mesh size rule. In one previous case, the First District Court of Appeal ruled that the use of the two-inch mesh size to distinguish seine nets from gillnets was “historically based, rational and practical.”

During the hearing, Assistant Attorney General Jonathan Glogau stated to the panel of judges who make up the appeal court that the commercial interests were arguing a case that the First District Court had already decided twice. The judges agreed, and in just one week issued a brief decision affirming the FWC legal position.

Commenting on the decision FWC General Counsel Jim Antista said, “I think it’s significant, because there has been a lot of discussion about “hybrid” nets and whether the constitution left room for the creation of a net that could get around the two-inch rule. I think the court put that issue to rest with this ruling.”

[Return to Table of Contents]

Biscayne Bay Working Group Endorses
Education and Law Enforcement

The Biscayne National Park Fishery Management Plan Working Group finished its deliberations in October and chose not to endorse recommendations for no-entry or no-fishing zones in the bay. The 22-member group, composed of commercial and recreational fishermen, divers, scientists and representatives of environmental and conservation groups, met six times in 2004 to discuss options for fisheries management in Biscayne National Park.

The group rejected various attempts to recommend the establishment of no-take zones that were promoted by some members of the working group. The Florida Fish and Wildlife Conservation Commission has also consistently opposed the establishment of such zones in the park.

The group did recommend steps to increase abundance and size of key indicator species over a five-year period through the implementation of restrictions by species. They also suggested establishing local stakeholder advisory panels to develop and review management regulations for specific species.

Steps were also proposed to reduce adverse impacts of commercial fishing by creating a commercial permitting system, working with shrimpers to identify management actions for shrimp trawling, banning wing nets targeting food shrimp, and reducing by-catch from commercial gear.

Actions were also recommended to reduce adverse impacts of recreational fishing, boating and spearfishing on habitat and fish populations. Other steps were suggested to minimize adverse impacts to the habitat from abandoned and lost fishing gear.

Noting that 55 percent of mutton and yellowtail snapper taken in the park are undersized, the Fishery Working Group addressed obvious problems with both education and law enforcement by endorsing a permit system for fishing and other water-based activities within the park. The $25 annual fee would be earmarked solely for law enforcement and education. A $2 stamp to be purchased with a Florida state saltwater fishing license was also suggested by the group.

The working group also detailed education needs including the creation of multi-language boat ramp signs and materials that explain all fishing and general regulations.

The group also recommended that the park collect baseline data on “what is required for a ‘quality’ experience” and “what portion of fishers are having a quality experience.” The information would then be used to “guide management to optimize recreational fishing experience to the extent practicable.”

CCA Florida believes the working group effort demonstrates that fishery management plans can be developed that protect the resource and provide reasonable access to recreational anglers. It’s also important that the Park Service follow the recommendations of these types of advisory panels because local knowledge and local “buy-in” is critical to the success of any management plan.

[Return to Table of Contents]

Net Ban Court Victory
In October, the First District Court of Appeal in Tallahassee upheld a legal decision by the FWC, which asserted that a “hybrid” commercial net was not legal. CCA Florida intervened in the lawsuit to support the commission’s finding and defend against the attempt to reintroduce gillnets into state waters. For more than 10 years commercial interests have tried various ploys in numerous lawsuits to try to create loopholes in the net ban. In this case, the netters were attempting to circumvent a regulation that set a maximum mesh size of two inches for seine nets to distinguish them from illegal gillnets. [Seawatch, December 2004]

During earlier hearings before the FWC regarding the two-inch mesh rule, CCA Florida presented historical evidence and “conclusions of law” from previous cases which clearly showed that the commission had acted properly in establishing the two-inch mesh rule. [Seawatch, August 2004]

No-Fishing Zones In Biscayne Bay
Throughout the year, CCA remained involved in management proposals by Biscayne National Park to create “no-entry” and “no-fishing” zones in Biscayne Bay. CCA Florida representatives sought the creation of and then worked with the Biscayne National Park Fishery Management Plan Working Group to make specific recommendations and modifications on proposals. The group finished its work in October, recommending a series of management options that would allow continued access by recreational anglers to these important waters while still protecting the resource. [Seawatch, March, December 2004]

No-Fishing Zones in the Gulf
CCA National took action in July against a lawsuit that sought to create total no-fishing zones in two grouper spawning preserves in the northern Gulf of Mexico. Filed by an environmental organization, the suit seeks to overthrow a compromise between the National Marine Fisheries Service and CCA, which allows surface trolling while protecting grouper stocks 200 to 400 feet below the surface. At CCA’s urging, the Florida Fish and Wildlife Conservation Commission voted unanimously to intervene in the lawsuit. [Seawatch, November 2004]

Benefits of MPAs Found Questionable
Research published by the Florida Fish and Wildlife Conservation Commission indicates that Marine Protected Areas or no-fishing zones may not fulfill expectations as replenishment zones. The scientists found that instead of replenishing adjacent areas, a no-fishing zone near the Kennedy Space Center actually pulled substantially higher numbers of fish from adjacent waters into the no-take zone. [Seawatch, December 2004]

Freedom to Fish
With national support from CCA, the Freedom to Fish Act was introduced into the U.S. Senate in 2004. The act was previously introduced into the US House of Representatives. The legislation seeks to ensure that no-fishing zones are only considered within the framework of traditional fisheries management and are not used to circumvent the entire fishery management process. [Seawatch, June 2004]

Manatee Protection Zones and Regulations
Throughout the year CCA Florida worked with the FWC and local rule review committees to create manatee zones that protect manatees while allowing reasonable access for saltwater anglers. Representatives of CCA Florida also sat on local review committees that allow anglers and boaters an opportunity to bring local knowledge into the process. One example was a series of rules passed for the Tampa Bay area that included input from members of three CCA Florida local chapters. [Seawatch, June, November 2004]

Protection for Permit
CCA Florida urged the FWC to establish stronger protection for permit exceeding 20-inches in length because of their value within a highly-prized recreational fishery. Evidence had come to light of charter boats and head boats taking excessive numbers of large fish in a single trip. CCA recommended a two-fish vessel limit. The FWC has not taken final action on this rule. [Seawatch, August 2004]

Partial Protection for Dolphin and Wahoo
After six years in development the National Marine Fisheries Service (NMFS) finally adopted a management plan for Atlantic dolphin and wahoo. CCA Florida and other state chapters had worked with the South Atlantic Fishery Management Council to develop regulations that would take precautionary measures to protect dolphin from a directed commercial longline fishery. Unfortunately, NMFS removed critical conservation measures that would have prevented a commercial longline fishery—a 1,000-pound commercial trip limit off Georgia and Florida and a plan to create a limited entry fishery. [Seawatch, March 2004]

Sea Bass Traps
During 2004 CCA Florida opposed efforts by the FWC to formally establish a sea bass trap fishery in state waters. Although traps are currently legal and the predominant gear in the commercial sea bass fishery, the state should be moving to reduce and eventually eliminate fish trap use. CCA documented problems with ghost traps, overfishing and enforcement difficulties in other trap fisheries. [Seawatch, November 2004]

[return to Table of Contents]

West Marine Comes Through With Major Commitment to CCA Florida

West Marine, the world’s largest boating supply retailer, has teamed up with CCA Florida members to raise support for marine conservation initiatives. The Company has generously committed to a major gift of up to $15,000 to bolster CCA Florida’s annual membership fundraising appeal. Every contribution made during the current fundraising program will be matched, dollar for dollar, by West Marine.

“We’re very grateful to West Marine for their dedication to marine conservation,” said Gary Hill, CCA Florida general manager. “Programs like this, which match grassroots member support with corporate business support, bring everyone into the conservation tent. It’s a win, win for marine conservation because contributions from both sources go twice as far.”

West Marine, which began in 1968 as a mail order rope business in the garage of its founder and current Chairman, Randy Repass, is today the world’s largest boating supply retailer. Through growth and acquisition the Company has expanded to more than 365 stores in 38 states, Puerto Rico and Canada. The Company’s catalog and Internet site offer more than 50,000 products— and the convenience of being able to exchange Internet purchases at West Marine retail stores. The Company’s Port Supply division is the country's largest wholesale distributor of marine equipment serving boat manufacturers, marine services, commercial vessel operators and government agencies.

“West Marine is proud to support the conservation efforts of CCA Florida,” said Laurie Fried, West Marine’s donations director. “As part of the Company’s mission we actively promote boating, work to reduce our impact on the environment, improve and protect marine habitats, and contribute to the social needs in the communities in which we do business.”

To that end West Marine has contributed more than a million dollars in the past six years as part of a commitment to youth, communities and the marine environment.

A statement on the Company’s web site details that commitment to the marine resource: “As boaters, we naturally have a vested interest in maintaining our waterways and ensuring that they remain pristine and ecologically viable for future generations. Working together with like-minded organizations across the country, we’re helping to turn the tide from exploitation to preservation of our fragile saltwater and freshwater ecosystems. West Marine is proud to support several associations and organizations that share this goal.”

For more information on the closest West Marine store, or to view products online visit westmarine.com, or call 1-800-BOATING (1-800-262-8464).

[Return to Table of Contents] [Return to CCA Florida Home] [Return to list of SeaWatch publications]

CCA Florida is deeply appreciative of YAMAHA for their continued support of marine conservation initiatives in Florida.  YAMAHA outboard engines are available for auction at every CCA Florida banquet and provide a valuable fundraising opportunity for the organization.

CCA Florida would also like to recognize:

WEST MARINE is a major matching contributor to the most recent annual fall fundraising appeal, providing a major commitment to conservation of Florida's marine resources. CCA Florida would also like to acknowledge the very generous support from WEST MARINE in the form of gift cards for local chapter banquets.

FLORIDA SPORTSMAN MAGAZINE and the WICKSTROM FAMILY continue to provide generous support for CCA Florida's membership growth programs and for marine conservation in Florida.

CALUSA CAST NETS and CRACKER CAST NETS have demonstrated consistent and longtime support for marine conservation through donated and discounted cast nets provided for every CCA Florida fundraising banquet.

THE ORVIS COMPANY continues to make a significant annual donation of merchandise to CCA Florida. The staff and members of CCA Florida are deeply grateful to Orvis for their commitment to marine conservation and their support of our efforts.

OCEAN WAVES is demonstrating support for conservation by providing four pairs of high-quality sunglasses and a Guy Harvey Print to each of CCA Florida's fundraising banquets.