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“Not Guilty” - FWC Amends, then Approves Manatee Settlement Agreement (Seawatch, June 2001) by Ted Forsgren CCA Florida
amendments maintain access to important saltwater fishing areas. Commissioner Quinton Hedgepeth, who voted against the agreement said, “I don’t think the Commission is guilty of what we’re being sued over.” Commission Chairman David Meehan agreed but voted in favor of the settlement stating, “I don’t think we’re guilty either, but I do think settling the suit is the most practical way to keep the issue in Florida.” The lawsuit was brought against the Commission by environmental and animal rights groups, which also sued the U.S. Fish and Wildlife Service (USFWS) to force an increase in protection for manatees including creating more sanctuaries and refuges. In the federal lawsuit settlement agreement, approved last January, the USFWS agreed to have new sanctuaries in place no later than September 28, 2001. Although the state settlement agreement is not completely acceptable to CCA Florida, we greatly appreciate several important amendments which were added at the hearing by the Commissioners to address concerns raised by anglers and boaters. We also appreciate the key role that Governor Jeb Bush and his staff played in advocating changes to the initial agreement to address boater and angler issues. With the exception of the proposed Brevard County rule which is on a separate rulemaking track, the final settlement agreement does not commit the Commissioners to adopt any additional manatee regulations. While there is certainly the implication that more regulations will be recommended for the “hot spots” and proposed “safe havens,” the agreement was amended to clearly state that the Commissioners have complete authority and discretion to approve or reject any regulations. The exact language in the agreement states that “...the commissioners of the FWC retain full authority to determine whether or not to adopt any proposed rules pursuant to this agreement or to modify such rules and this action shall not constitute a breach of the agreement.” CCA Florida considered that to be a very important amendment which demonstrates to the public that the Commissioners are not bound to a predetermined outcome, and that the Commissioners have stated that changes will be made based on science and public input. In addition, other CCA-backed amendments were approved to insure that “no fishing zones” would not be established in important saltwater fishing areas. The specific amendment language states that “it is not the intent of the agreement to prohibit entry or fishing in any portion of Turtle Bay, Little or Big Mud Creeks, or the Munyon Island area.” This last amendment was another important issue for CCA Florida because we saw no reason at all to prohibit fishing in these important recreational areas where there has never been a manatee killed by a boat. CCA
Florida Steps In on Behalf of Saltwater Anglers The purpose was not to undermine the continuing recovery of manatees, but to address concerns that many of Florida’s premier fishing areas were being considered for severe boating restrictions or total closures at the very time when manatee population counts are at an all time high. Last December, the USFWS released information indicating that it was considering establishing manatee sanctuaries and refuges in 150 new areas. That was followed a few weeks later by a list recommending 115 new sanctuaries and refuges prepared by one of the major groups suing the state and federal government over manatee protection. These two lists included many of Florida’s major saltwater fishing areas including Chokoloskee Bay, Bull and Turtle Bays, Mosquito Lagoon, Pine Island Sound, Terra Ceia Bay, Cockroach Bay, Bishops Harbour and Whitewater Bay. Some of the coastal areas identified for “no entry/no boating” zones have never had a watercraft-related mortality in the 30 years that governmental agencies have been tracking manatee mortalities. Even more disturbing was the fact that when the lawsuits were filed one of the major manatee groups stated that “manatee deaths continue to climb—causing manatees to sink further toward extinction...” and “...only an estimated 2,400 (manatees) survive in the wild in Florida’s coastal waters.” Yet, in January 2001, scientists counted an all time record 3,276 manatees in statewide aerial surveys, more than double the number counted 10 years ago. In fact, in some areas of the state, such as the Crystal River/Kings Bay area, it’s been documented that manatee abundance has dramatically increased. For instance, the USFWS “Florida Manatee Recovery Plan” states that large aggregations of manatees apparently did not exist in these areas until recent times. The first careful counts were made in the late 1960s when 38 animals were counted in King’s Bay. By 1981 to 1982, the maximum winter count had increased to 114 manatees and in December 1997, the maximum count was 284. These increases in manatee numbers in the Crystal River/Homosassa area have also occurred over the same time period and in the same areas that saltwater recreational fishing activity for tarpon, redfish and seatrout has also dramatically increased, making it clear that it’s unnecessary to prohibit all boating and recreational fishing for manatee populations to increase. “No one in our group wants any harm to come to manatees,” stated Jeff McFadden, chairman of CCA Florida, when the organization’s board of directors voted to enter the debate earlier this year. “We believe, however, that recreational fishing and manatee conservation are compatible activities. Thus, we cannot stand by and watch the unfair closing of major fishing areas when manatee population counts are climbing to record numbers.” Environmental and animal rights groups were also distributing information which led people to falsely believe that boats are the largest source of manatee mortalities. However, scientific information collected for the past 30 years clearly indicates that natural, perinatal (natural birth related), and unknown causes constitute 70% of all manatee deaths; watercraft related is 23%. CCA Florida also expressed strong concern that the boating mortality issue was not being accurately portrayed in the context of the overall growing manatee population. For example, the latest statewide manatee count, showing 3,276 animals, was the highest number since aerial wintertime surveys began in 1991. That number represents a 123% increase in the “minimum” population count over the last 10 years. During the same time span, manatee deaths attributed to watercraft have increased 50%—from 52 in 1991, to 83 in 1999, to 78 last year. In 1991, watercraft mortalities represented 3.5% of the total “minimum” manatee count. In 2000, it was also 3.5% of the minimum count. Clearly, too much emphasis is being placed on just the number of manatees killed by boats when the increase in boating deaths is clearly related to the increase in overall population. Other types of mortality such as natural and perinatal (birth related) have also shown similar upward trends over time. Such increases are to be expected in expanding populations. CCA Florida strongly advocated the recommendation that a measurable biological goal for manatee recovery must be established. Otherwise, as manatee populations and mortalities continue to grow, the boating public will continue to be caught in a never ending cycle of more and more regulations. In response to this major concern, the FWC Commissioners adopted a separate motion at the public hearing directing their FWC staff “to work with the U.S. Fish and Wildlife Service to expedite the development of measurable biological goals defining manatee recovery.” Manatees
In Florida: 2001 An In-Depth Report and Dr. Fraser’s revealing 57-page report, Manatees in Florida: 2001, released on March 27, pointed out that manatee populations appear to exceed the state criteria and conditions necessary for reclassifying manatee status from “endangered” to “species of special concern,” or perhaps even recovered. “All of the biological data indicates that the West Indian manatee in Florida has sustained an increasing population for the last 25 years. The minimum count increase has been at a rate of 6-7% per year,” said Dr. Fraser. “Manatees should continue to be fully protected but they have recovered to a level where they no longer appear to be an endangered species.” Fraser’s report also stated that, “Much of the early increase occurred in the absence of widespread speed zone regulations and later (~1991-present) large-area speed zones in some counties.” Based on these findings, CCA Florida stated that instead of attacking the state’s efforts with lawsuits, manatee and animal rights groups should be congratulating the state for management efforts which have led to such a strong recovery of manatee populations. These groups have manufactured an “endangerment” crisis that simply does not exist. Some of the other major conclusions on manatee populations from Dr. Fraser’s report include the following:
Dr. Fraser’s analysis regarding the impact of boating related deaths on the manatee population also revealed that:
Regarding the status of manatees as an endangered species Dr. Fraser made the following statement:
Dr. Fraser is a partner in an environmental and marine consulting firm. He has an M.S. and Ph.D. in Marine Biology and is the author or co-author of 40 peer reviewed scientific papers. He was appointed by Governors Graham and Martinez to serve on the Florida Marine Fisheries Commission from 1986 through 1993. Dr. Fraser served as chairman of the Commission for four years. [Editor’s note: For a full text of Dr. Fraser’s report, Manatees in Florida: 2001. What’s
Next? As saltwater anglers we have learned that we cannot afford to wait for the fight to come to us. We will expand our cooperative efforts with all the fishing and boating interests. This agreement is not the end. It is the beginning of a long battle over public access to coastal waters. As individual areas around the state are considered for new speed zones, local CCA Florida chapter members and other interested parties will be encouraged to attend each meeting in order to represent support for rules based on science, not emotion. It’s important that the FWC commissioners hear from—and listen to—the state’s anglers and boaters when deliberating additional manatee protection rules. CCA
Blasts Shrimpers’ Attempt to Close Recreational Gulf Red Snapper Season
(Seawatch,
June 2001) In an attempt to close both recreational and commercial harvest of Gulf of Mexico red snapper, the Texas Shrimp Association (TSA) recently filed a petition with the U.S. Department of Commerce seeking a 6.12 million-pound reduction in the directed red snapper harvest for 2001. If successful, this petition could lead to an immediate closure of the entire directed red snapper fishery. “The TSA petition is a direct slap in the face of recreational snapper anglers,” said Fred Miller, chairman of CCA’s national government relations committee. “After years of unchecked decimation of juvenile red snapper in shrimp trawls, TSA seeks to escape its role in the current status of the fishery by placing blame where it is least deserved—recreational anglers.” TSA’s six-point petition contends that: primarily recreational “overfishing,” and not shrimp trawl bycatch, has created current recovery problems in the directed Gulf red snapper fishery; that the National Marine Fisheries Service (NMFS) has exaggerated the importance of bycatch reduction devices (BRD) for rebuilding red snapper stocks; and that NMFS has failed to properly reduce recreational snapper harvests. TSA’s solution calls for a greater than two-thirds reduction in recreational and commercial red snapper harvest with no further regulation of Gulf shrimping practices. “Through the rebuilding process, recreational anglers continue to sacrifice for the longevity and health of the resource,” said Will Ohmstede, chairman of CCA Texas. “Again, TSA is trying to deny its impact on Gulf red snapper stocks and shift the blame to recreational anglers.” Gulf shrimp trawls destroy an estimated 4 to 12 million juvenile red snapper annually, which results in roughly 65 to 80 percent mortality in the juvenile population. A 1998 NMFS ruling implemented bycatch reduction devices that have helped in the gradual rebuilding process. Through three years of U.S. District and Circuit Court action, CCA has successfully fought to maintain BRD requirements in federal waters of the Gulf. “Through the use of BRDs and other conservation measures, we are seeing strong signs of recovery in red snapper stocks,” said Miller. “The proposal to close the directed red snapper by TSA seems a veiled attempt to retaliate against CCA’s District and Circuit Court victories in maintaining BRDs. To think TSA has the best interests of the fishery in mind is laughable.” Gulf red snapper stocks are currently under a five-year management program implemented by the Gulf of Mexico Fishery Management Council. This program will allow the Council to study and explore management options while maintaining stable regulations and seasons for recreational anglers. In
Legislative Session Brings Good News for Marine Fisheries Funding
(Seawatch,
June 2001) The good news from the 2001/2002 Legislative Budget includes:
The funding for all of these projects came from the Marine Resources Conservation Trust Fund. A major portion of the monies in this trust fund comes from the saltwater recreational fishing license. CCA
Applauds Reorganization of Atlantic Menhaden have suffered from management decisions by board members with financial conflicts. In an important move that should improve marine fish species along the eastern seaboard, the Atlantic States Marine Fisheries Commission (ASMFC) voted overwhelmingly to approve a management plan that ends commercial fishing industry control of the Menhaden Management Board and is expected to restore depleted menhaden stocks. ASMFC’s action will bring vital conservation benefits for menhaden stocks as well as aid striped bass and bluefish which rely heavily on menhaden as a food source. In northwest Florida menhaden are also important to the seasonal population of king mackerel. “Through more than two years of work, we finally have resolution,” said Charles Witek, chairman of CCA’s Atlantic States Fisheries Committee. “With this reorganization, the proverbial fox has been flushed out of the hen house.” Commercial fishing interests have historically dominated the management board of this vital forage fish and impeded the implementation of viable management measures. The Menhaden Management Board was the only ASMFC board that had specific seats reserved for representatives of the commercial fishing industry. Previously, commercial industry representatives dominated both the management board and technical committee. ASMFC’s adoption of the Menhaden Management Plan marks a victory for proper and equitable fisheries management. Menhaden were once so plentiful that eleven processing plants operated up and down the Atlantic coast grinding them up for use in poultry and livestock feed. Two such plants operated near Fernandina Beach in northeast Florida and harvested 18 to 20 million tons a year until the later part of the 1980s. In 1997 a review of National Marine Fisheries Service data by Florida’s Marine Fisheries Commission revealed a fishery that, except for two or three brief upswings, has been sharply declining for the past 20 years and in 1996 had reached dangerously low levels. Most alarming was an SPR (Spawning Potential Ratio) which for 1996 was estimated to be at 5.6 percent. (SPR is a measurement of how many fish in a species have matured to spawning age.) Although many species which are far less vulnerable than menhaden are managed with 20 or 30 percent SPRs, the industry-led management board failed to take action to recover the species. “Menhaden are much more than a commercial product,” said Dick Brame, exe-cutive coordinator of CCA’s Atlantic States Fisheries Committee. “They compose a large part of the diet of important sport fish and serve as a critical filtering mechanism in fragile estuary systems. This landslide vote will create a board and committee that are qualified to shape the future management of this species. Now we can get something done for the resource.” Thank You
CCA Florida would also like to recognize:
Click here to see our 2001 Spring Banquet Schedule. |
