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I. OPENING COMMENTS
Commercial landings of pompano declined dramatically right after the net ban went into effect. This was expected because virtually all commercial take was done with gill and trammel nets in state waters. All around the state, fishing guides and recreational anglers began to see dramatic increases in abundance of pompano. However, the abundance did not last long, as reports of widespread illegal pompano netting and net ban violation arrests began to build. Commercial pompano landings, with huge increases supposedly caught in offshore federal waters, began coming in. Before long, commercial landings rose to a level equal to pre-net ban landings.(1) Pompano abundance has again declined dramatically, particularly in
Southwest Florida
.
Pompano stocks were in bad shape before the net ban went into effect. A 1996 pompano stock assessment prepared by the Florida Marine Research Institute (FMRI) indicated, “spawning potential ratios are 1-2% on the
Gulf
Coast
and 12-20% on the
Atlantic
Coast
.” (2)
In the FMRI’s 1999 Fisheries Status and Trends Report, they indicated that:
“it was anticipated that the elimination of nets from the fishery following passage of the “net ban” amendment in 1995 would likely enable the population to quickly recover. The sharp increase in landings in 1997 came mostly in the commercial sector so the anticipated recoverymay not occur.” (3)
FMRI’s April, 2001 Preliminary Assessment of Florida Pompano states:
“Estimates of 1986-99
Florida
pompano biomass and fishing mortality show short-lived changes that coincided with the July 1995 ban on the use of entangling nets in
Florida
State
waters. Biomass increased sharply in 1997 and 1998 on both coasts of
Florida
but then declined to near 1986-96 average levels by 1999 and 2000. Fishing mortality rates dropped in 1996 to levels of fishing that were just below that necessary to capture the maximum sustainable yield but then rebounded by 1998 to near the highest levels measured during the 1986-99 time frame.
The
Florida
pompano populations in and adjacent to
Florida
appear to be over fished with respect to the amount of fishing needed to harvest maximum sustainable yield. There is no current population or catch age-structure information that would allow us to calculate the spawning potential ratios (SPR) for
Florida
pompano. However, the estimated current level of fishing relative to other biological benchmarks implies that current fishing mortality rates are about double that needed to achieve a static SPR of 35%.” (4)
In 1997, the commercial fishing industry reported landing 697,000 pounds of pompano, an amount equal to the average annual landings in the eight years prior to implementing the net ban. The commercial fishers reported that 70% of those pompano were netted in offshore federal waters. (1)
Last year, the FMRI did an analysis of trip tickets on commercial pompano landings. (5) The analysis indicates that:
· 97.5% of commercial hook and line gear trips for pompano landed less than 200 pounds; and
· 77% of the total statewide commercial landing for pompano came from trips landing more than 200 pounds (i.e. gillnet trips, not hook and line gear trips).
The FWC has discussed the pompano “caught in federal waters/poaching” issue and called upon those fishers who say they are catching pompano with gillnets in federal waters to take FWC observers out to demonstrate it. If the landings data clearly demonstrates that 77% of the total commercial landings are coming from gillnets not hook and line gear, and gillnets can only be used in federal waters, then why have so few fishermen been able to show observers that they can gillnet pompano in federal waters?
CCA Florida firmly believes that the landings data, illegal netting arrests and observations of guides and hook & line commercial fishermen clearly indicate the existence of a large and illegal pompano gillnet fishery in state waters.
II. BIOLOGICAL AND MANAGEMENT IMPACTS OF ILLEGAL NETTING
-
The FWC’s preliminary assessment states that:
-
“the estimated current level of fishing relative to other biological benchmarks implies that current fishing mortality rates are about double that needed to achieve a static SPR of 35%.”
-
Therefore, if the FWC cannot reduce the illegal netting, it will have to impose substantial new restrictions on the legal commercial and recreational fisheries in order to achieve a reasonable SPR level to restore and maintain pompano stocks.
III. MAJOR OBJECTIONS TO PROPOSED RULE
Accommodating net fishers who are currently fishing legally in federal waters is one thing; however, promoting the development of new and expanded pompano gillnet fisheries will have the following adverse impacts;
FMRI’s preliminary stock assessment indicates that current fishing mortality is already double that which is needed to achieve 35% SPR. Thus, new gillnet effort will ultimately displace a large portion of the existing commercial hook and line fishery. Why does the FWC want to create new commercial fisheries to displace currently operating commercial fisheries?
An expanded east coast gillnet fishery will re-establish the serious conflicts between gillnet fisheries and endangered sea turtles.
The rule promotes the development of new and expanded fishery because:
a) there is no set time frame or deadline for demonstrating that pompano can be caught in federal waters; and,
b) once any fishermen demonstrates the necessary catch to an observer in a region, all fishermen (with poundage documentation) can begin pompano netting.
The added by-catch provision states that any net fishermen may possess pompano and gillnets under the following criteria:
68B-35.004(3)(C) “Such possession is allowed by persons who have harvested pompano in adjacent federal EEZ waters as an incidental by catch in gill or entangling nets fished for other species, which persons possess a valid saltwater products license with a restricted species endorsement and provided the amount of all pompano aboard such vessel at any time does not exceed 250 individual fish.”
The FMRI landings information indicates that the poundage equivalent for 250 fish ranges from 375 to more than 500 lbs., which is clearly in the range of amounts seized in illegal pompano netting arrests in state waters (See Attachment A). Landings data shows that 97.5% of all commercial hook and line landings are less than 200 lbs.
Under the by-catch exception, a commercial net fishermen:
· Can simultaneously possess gillnets and pompano
· Does not have to be in an FWC designated pompano harvest area
· Does not have to have either a pompano endorsement or a pompano special activities license.
· Does not have to have documented pompano landings; and,
· Does not have to be free of net ban violations for any time period
· Does not have to use a 400-yard or greater net, at least 70 meshes deep, with at least 4½-inch mesh.
“Incidental by-catch” is not defined anywhere in rule. Is 500 lbs. of pompano and 10 lbs. of bluefish (or even a single bluefish) an incidental catch of pompano? As currently drafted there is no requirement to possess any other fish in any percentage amount of the total catch.
It is difficult to catch many of these net poachers and it is even more difficult to prosecute and convict them. If the FWC and state prosecutors do succeed in catching and convicting the individuals involved in illegal netting of pompano and other fisheries, why does the FWC want to allow them to re-enter these special restricted fisheries after only 3 years have expired?
The penalties for use of illegal nets are specified in
Florida
law as follows:
Sec. 370.021(3)(b)F.S. “In addition to being subject to the other penalties provided this chapter, any violation of s.16(b), Article X of the State Constitution, or any rules of the Fish and Wildlife Commission which implement the gear prohibitions and restrictions specified therein shall be considered a major violation…………….. …………………….
The purpose of this rule is to control illegal gillnetting of pompano in state waters; thereby, aiding in the implementation and enforcement of sec.16(b), Article X of the State Constitution. However, if it is not clearly stated in the rule, violations will simply be treated as a third degree misdemeanor, which is insufficient to deter net poachers. That is why the special increased penalties for illegal netting were added by the Legislature.
IV. REFERENCES
1. Florida Marine Research Institute (1999) Commercial Fishery Landings Data for Pompano.
2. Murphy, M.D., R.G. Miller, and Peter B. Hook (1996) “A Stock Assessment of
Florida
Pompano”. Florida Marine Research Institute –
St. Petersburg
, Gl.
3. Florida Marine Research Institute (1999) “
Florida
’s Inshore and Nearshore Species: 1999 Status and Trends Report” FWC – FMRI,
St. Petersburg
,
FL.
4. Gary A. Nelson and Michael D. Murphy (2001) “A Preliminary Assessment of Florida Pompano (Trachinotus carolinus) in Florida Waters”. FWC – FMRI,
St. Petersburg
, Fl.
5. Florida Marine Research Institute (2000) “Commercial Harvest by Trip Landing Category and Gear Type”. FMRI,
St. Petersburg
,
FL.
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