March 2000 -- SeaWatch - The Newsletter of CCA Florida

March 2000 Issue #81

SeaWatch is underwritten by THE ORVIS COMPANY

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Snook by Susan H. Young

At the winter meeting held in Orlando on February 5, CCA Florida’s Board of Directors approved the following 2000 Fisheries Conservation Work Plan which establishes the organization’s conservation agenda for the upcoming year.

Bob Hayes updated the board on longline legislation and other national issues.

CCA Washington lobbyist Bob Hayes updated the CCA Florida Board of Directors on longline legislation and other national issues at the February board meeting.

One of CCA Florida’s top priorities for this year is to continue to extend its efforts into the offshore waters through strong support for federal longline legislation that would create large time/area closures and provide for a buy-out of longline vessel permits. For more on federal longline legislation see adjacent story.

CCA plans to continue working with the South Atlantic and Gulf of Mexico Fishery Management Councils to get CCA recommendations into dolphin/wahoo management plans. As in the effort against longlines, CCA Florida will continue working with state chapters in Texas, Louisiana, Alabama, Georgia, South Carolina and North Carolina, and with Florida fishing clubs toward a goal of prohibiting the direct take of dolphin by drift longlines and establishing management controls on recreational and other commercial take to protect dolphin. CCA Florida will work to maintain the prohibition on the commercial take of any dolphin (including bycatch) by longlines in the pending federal legislation that sets up the Florida East Coast closure area.

CCA Florida will continue to seek a prohibition on the commercial harvest of Sargassum vegetation in offshore waters. Although the National Marine Fisheries Service has rejected a South Atlantic Council plan to phase out Sargassum harvest in the Atlantic, CCA is working to reverse that decision. CCA Florida also intends to work with the Gulf Council to achieve prohibition of Sargassum take in the Gulf of Mexico.

CCA Florida’s legislative initiatives this year will include support for specific Fish and Wildlife Conservation Commission (FWC) budget items. Specifically, CCA is solidly behind a $2 million request for a law enforcement overtime package that will be used to step-up enforcement of the net ban.

The organization will continue to work with the Fish and Wildlife Conservation Commission on potential regulation changes to maintain seatrout recovery and protection, and prevent any expansion of the commercial fishery. CCA Florida supports and will continue to promote year-round gamefish status to enhance enforcement against illegal taking and selling of seatrout.

In addition to pushing for additional appropriations in the 2000 Legislature, CCA chapters are working to enhance the hatchery facilities. CCA representatives will also continue to participate on the FWC Stock Enhancement Advisory Panel.

In addition to efforts aimed at providing overtime funding for marine patrol officers by the Legislature, CCA Florida will continue to oppose continuing local attempts to circumvent the constitutional net ban. One such attempt has arisen in Southwest Florida with the use of "entanglement seines." CCA will be supporting an FWC investigation into the use of those nets as well as the adoption of regulations to prohibit use of seines or other such nets, as gill or entanglement nets.

Additional ongoing conservation efforts by CCA Florida in the coming year will include:

In early February, CCA testified at a congressional hearing in Washington in support of the bill (H.R. 3390) sponsored by Representatives Porter J. Goss, R-Fla., and W.J. "Billy" Tauzin, R-La. A similar measure (H.R. 3331) is being sponsored by Rep. Jim Saxton, R-N.J. Both bills would permanently close about 80,000 square nautical miles in the U.S. South Atlantic and close from Memorial Day through Labor Day about 82,000 square nautical miles in the Gulf of Mexico to longline fishing.

A companion to the Goss bill, (S. 1911) sponsored by Senators Olympia J. Snowe, R-Maine, and John B. Breaux, D-La., is pending in the Senate.

The legislation embodies the principles of an agreement reached in late August by CCA, the American Sportfishing Association (ASA), The Billfish Foundation (TBF), and the Blue Water Fishermen’s Association, which seeks to protect juvenile swordfish and reduce the bycatch of billfish, such as white and blue marlin and sailfish.

In addition to closing areas to pelagic long-lining, the legislation proposes to buy out nearly a third—68 boats—of the U.S. Atlantic longline fleet. The cost of the buy-out would be borne by the federal government, longliners remaining in the fleet, and the states benefiting from the longline closures—Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina and Texas.

"The closures will have a number of positive impacts on bycatch," said Robert G. Hayes, general counsel for CCA, who testified before the U.S. House Committee on Resources Subcommittee on Fisheries Conservation, Wildlife and Oceans.

Marine scientists have estimated that the closures will reduce the commercial catch of small swordfish by up to 49 percent and decrease the bycatch of sailfish by 47 percent, blue marlin by 32 percent, spearfish by 29 percent, and white marlin by 13 percent.

"Internationally," Hayes added, "[the legislation] will set a precedent allowing the U.S. to negotiate the international closing of open-ocean spawning and small swordfish areas."

Said Florida Congressman Porter Goss, of Naples, who also testified before the fisheries subcommittee, "The 70,000 members of the Coastal Conservation Association, and in my state, the more than 7,500 members of CCA Florida, are strongly behind my legislation. I am delighted to have their backing. Indeed, it has been the unwavering support of CCA, which has a long history of working effectively for marine conservation, that has brought us to this point with respect to protecting juvenile swordfish and reducing the bycatch of billfish.

"CCA recognized the problems, identified solutions, and worked out an agreement among the principals—recreational fisher-men and longliners—that is fair to all parties and, more importantly, saves marine fishery resources."

"We are indeed fortunate and extremely thankful to have Congressman Goss as a prime sponsor," said CCA Florida Executive Director Ted Forsgren. "He is a highly respected congressman with a strong conservation record."

For years, conservationists have called for government action to stop the damaging by-kill and overfishing impacts of commercial pelagic (drift) longlines. CCA’s initial involvement in billfish protection came in 1988 when it led an effort that resulted in a prohibition on commercial harvest and sale of Atlantic marlins and sailfish. Commercial longlines, however, still cause the overwhelming majority of fishing mortalities for billfish in U.S. waters—98 percent of sailfish, 95 percent of Atlantic white marlin, and 85 percent of Atlantic blue marlin.

In September 1999, CCA-led efforts resulted in an announcement of an agreement between three major conservation organizations and a commercial longlining group. That action led to federal legislation that will significantly reduce pelagic longline use in coastal waters.

In December 1999, the National Marine Fisheries Service (NMFS) released a plan that proposes to establish time/area closures very similar to those contained in the CCA-backed legislation. However, the NMFS proposal does not prohibit the use of pelagic longline gear in the "closed areas" for species such as dolphin (mahi-mahi), nor does it contain a means to reduce the longline fleet. NMFS prepared and published the proposed amendment because of a court order which came as a result of a lawsuit filed by several environmental/conservation groups who asserted that NMFS had done nothing to control by-catch damage from commercial drift longlines.

Many organizations and publications have produced articles and other materials on these measures to control longlines. Unfortunately, a number of them contain statements with errors, factual misrepresentations and inaccurate assumptions regarding the two proposals. CCA Florida has prepared a 6-page report comparing the longline legislation to the recently released NMFS proposal. Copies of "Issues, Answers and Questions Regarding Congressional Legislation to Control Pelagic (Drift) Long-lines" can be obtained by contacting Michelle O’Leary in the Tallahassee office (850) 224-3474. Click here to see the online version.

The legislatively-enacted "Baitfish Pilot Project" which allowed seven huge, tarpaulin purse seines to be used in four Panhandle counties automatically expires on July 1, 2000. Florida’s marine conservation community has steadfastly opposed the use of the large nets as a "scam" to get around constitutional netting restrictions. Other concerns center around the blatant harvest of foodfish for wholesale fish markets, under the guise of a baitfish program, and in apparent violation of state statutes regulating harvest with purse seines.

Fortunately, the constitutional merger amendment, which created the FWC, transferred exclusive authority to regulate fishing gear to the new agency. As a result, the Legislature no longer has the authority to extend the tarp net "baitfish" program. At the February meeting, the commissioners heard a status report from FWC staff and testimony from the tarp netters and CCA Florida. At the conclusion of the presentations, the commissioners voted unanimously to adopt a motion indicating that they would not extend the tarp net "baitfish" program.

After listening to several hours of public comments, the commission voted to modify the currently proposed spotted seatrout rule changes to create a statewide recreational bag limit of 5 fish within a 15- to 20-inch slot size with an allowance for one fish over 20 inches. Seasonal closures would apply to four regions as follows:

A final public hearing on these regulations will be held at the March 29-31, 2000 meeting in Tallahassee. The FWC has also scheduled an additional series of public workshops to receive comment on the proposed rules. The workshops will all take place from 6 - 8 p.m. at the following locations.

The commission also adopted a motion endorsing federal longline area closure/buy-out legislation that has been filed by Senator John Breaux - La. (S 1911) and Congressman Porter Goss - Fla. (HR 3390), and is backed by CCA.

The most important conservation success of the past year was passage of legislation which merged the Florida Game and Fresh Water Fish Commission, Marine Fisheries Commission and the necessary marine patrol and marine resource elements of the Department of Environmental Protection to establish the new Florida Fish and Wildlife Conservation Commission (FWC). The legislation implemented the intent of the constitutional amendment passed the previous November, which created the independent, constitutional agency.

CCA Florida was also actively involved in 1999 in Governor Bush’s choice of four excellent appointments to the new commission. All four commissioners have no financial conflicts of interest and are active hunters and/or recreational fishers.

In September 1999, CCA worked with the South Atlantic Fishery Management Council to get specific recommendations incorporated as preferred options in the Council’s proposed management plan for dolphin and wahoo. The CCA Florida position was coordinated with and endorsed by CCA Georgia, South Carolina and North Carolina. Measures very close to the CCA recommendations for bag limit, size limit, recreational/commercial percentage allocation and commercial trip limit were included in the plan’s "preferred options."

The top concern, controlling commercial longline take, was included as a proposed commercial trip limit. CCA Florida also worked successfully to get CCA members appointed to the dolphin/wahoo advisory panels for the South Atlantic Council.

In 1999, CCA (National) took the lead in negotiating an agreement with The Billfish Foundation, American Sportfishing Association, and the Bluewater Fisherman’s Association (an organization representing commercial longliners) to support congressional legislation which would permanently prohibit drift longlines in 80,000 square nautical miles off of Florida, Georgia and South Carolina, establish an 82,000 square nautical mile time and area closure in the Gulf (for four years), and provide a $25 million longline boat and permits buy-out program. Congressional legislation, reflecting the agreement was developed, sponsors were obtained, and bills were filed in both the U.S. Senate and House in November 1999.

The South Atlantic Fishery Management Council adopted a Sargassum management plan which would limit, and eventually prohibit, the commercial take of Sargassum vegetation in all offshore federal waters from Florida to North Carolina over a three-year period. CCA Florida worked to generate support for the Council plan during the NMFS review and public comment process. Despite overwhelming support from the public, NMFS rejected the Council’s plan saying that it should provide for continuing limited commercial take of Sargassum.

The full transfer of Florida Marine Patrol resources to the new Fish and Wildlife Conservation Commission was followed by an FWC pledge to improve net ban enforcement. Ensuing reports and local chapter feedback indicate that there has been a change in enforcement attitude in many areas of the state; however, there are still serious illegal netting problems.

CCA Florida’s request for an investigation resulted in the FWC confirming that large-scale illegal netting of pompano was occurring. FWC proposals for rule amendments to further control pompano poaching were initiated. The FWC also adopted rules to clarify the maximum size of castnets and to stop a commercial industry group from manipulating the measuring procedure for 500 square-foot nets.

Success was achieved in 1999 in securing appointments that restored the Florida conservation/recreation representative to the South Atlantic Fishery Management Council and maintained the Florida conservation representative for the Gulf of Mexico Council.

In 1999, CCA Florida staff, along with other advisory panel members, helped to guide the FWC hatchery program toward a major redfish stocking project in Tampa Bay. CCA staff also worked with the FWC to set up a tour of the state hatchery. The CCA Tampa Chapter consequently initiated a two-year project to acquire bird netting for hatchery grow-out ponds. CCA Florida also began an effort to procure funding for hatchery improvements.

An attempt to get the Gulf Council to readdress the issue of By-Kill Reduction Devices (BRDs) was unsuccessful. However, in a related action CCA intervened and was actively involved in a lawsuit filed by the Texas Shrimp Association (TSA) against mandated BRD requirements in portions of the Gulf as part of the Gulf Council’s red snapper management plan. In November a federal judge in Florida ruled very strongly against the TSA and in favor of the Council, CCA and the BRD requirement regulations.

CCA Florida staff worked with CCA National staff to develop a consensus recommendation among all the CCA Gulf states (Texas, Louisiana and Alabama) and a strategy for Council and NMFS approval. Essentially, the CCA Florida position became the CCA position and plan approval was achieved at both the FWC and the Gulf Council levels.

The following gifts were received by CCA Florida during 1999. We thank all those donating for their generous support.

Action Craft
Ameristich
Brecashe Jewelers
Calusa Trading Company
Captain Van’s Action Belize
Costa Del Mar
Costello Studios
Cosumel Anglers Fleet
The Curtis and Edith Munson Foundation
D.O.A.
Daiwa Corporation
Falcon Rods
Fentress Marine
The Frank E. Duckwall Foundation, Inc.
George B. Storer Foundation, Inc.
Guy Harvey
Hacienda Dorado
The Henry Foundation
Hewes, Maverick, and Pathfinder Boats
Humdinger Sportfishing
Mercury Marine
Mustad
The Orchard Foundation
The Orvis Company, Inc.
Penn Fishing Tackle Manufacturing Co.
The Perkins Charitable Foundation
Peter and Virginia Storer
Proline Boats
Sam Shine Foundation, Inc.
Sea Striker
The Turner Foundation
Venture Boat Company
Wayne Baron Sculpture

Anglers’s Expressions
Boga Grip
Cotee Tackle
Diane Peebles
Don Ray
Eagle Claw
The Festoon Foundation
Hook and Tackle
Millers Boating Center
Moxey’s Bonefish Lodge
Phil Capen
Plano
River Palm Cottage
Stren
Walker’s Cay
Yozur

American Angler
Ben Essenberg
Billy Bishop
Daiichi
D. Richard Mead Charitable Foundation
E. Sheldon V. & Carroll C. Brooks Found., Inc.
Landegger Charitable Foundation, Inc.
Mann’s
Patagonia
Playaction
SeaTow

We are deeply appreciative of Mercury Marine for their continued support of CCA Florida conservation initiatives. Mercury donates two motors for every CCA Florida banquet.