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I. OVERRIDING ISSUE IS CONTROLLING ILLEGAL NETTING
Pompano is an extremely high value fish. FWC Commissioners need to understand that unless rule amendments and law enforcement actions substantially reduce poaching directed at pompano then further take reductions directed at legal commercial and recreational fishermen will not achieve resource protection goals. Such reductions on legal fishermen will simply increase the numbers of fish available to and taken by poachers.
The emergence of a commercial “cast net” fishery in federal waters is just another example of the tactics used to cover up the on going illegal netting in state waters.
There is no doubt that if the FWC would substantially reduce the illegal netting and poaching of pompano the 10% take reduction / resource protection goal would be achieved.
II. POMPANO RULE RECOMMENDATIONS
Recommendation #1 - Increase the minimum size for pompano from 10 to 11 inches for both recreational and commercial fishers. Prohibit sale of any pompano, including imports, under 11 inches.
Recommendation #2 - Reduce the commercial harvest / vessel limit for pompano from 250 to 175 fish per day.
Recommendation #3 - Adopt the following additional FWC staff recommendations.
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Apply the commercial harvest/vessel limit to both state and federal waters. Currently the limit only applies to commercial fishermen using cast nets, seines or hook-and-line in state waters. The limit would not apply to commercial fishermen possessing a Pompano Endorsement to harvest pompano with a gill net in federal waters.
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Repeal the Pompano Special Activity License program.
III. PHASE TWO POMPANO RULE RECOMMENDATIONS
The following recommendations are for rule amendments which have not been publicly noticed and will have to be adopted after the currently proposed amendments.
Recommendation #4 – Eliminate bogus permit holders in SW FL / Marco Region.
Only 2 net fishers have ever demonstrated to FWC observers that they can catch pompano with a gillnet in federal waters in this area; however, there are currently 89 pompano endorsement holders in this area. We believe that there are permit holders simply using the permit to help them illegally net in state waters. The FWC should allow 12 months for the 87 permit holders to demonstrate to observers that they can gillnet pompano in federal waters. Those who cannot should have their pompano gillnet endorsements expire.
Recommendation #5 – Prohibit Possession of more than recreational limit of pompano at night.
Most of the pompano poaching occurs at night; thus, this restriction will enable law enforcement to more effectively prevent illegal netting. Commercial hook and line fishing for pompano is predominantly a daytime fishery. Exceptions to this restriction can be given to the 2 fishermen in SW FL which have pompano endorsements and have shown observers that they can gillnet pompano in federal waters.
Recommendation #6 – Eliminate by-catch loopholes.
We firmly believe that an evaluation of reported commercial landings before and after the 2001 rule amendments will show that the 100 fish “by-catch” allowance is greater than the amount needed to cover legitimate by-catch in other fisheries. The 100 fish by-catch provision is simply another loophole for poachers to use.
III. ADDITIONAL COMMENTS
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We have stated at each FWC pompano hearing that if the FWC would simply control the illegal netting of pompano no actions would be needed to reduce take of the legal fishers. However, control of illegal netting remains an elusive task for the FWC and thus further restrictions are being placed on the legal recreational and commercial fishers.
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Pompano are a high dollar fish and a lucrative target for illegal netters which, even if they are caught and successfully prosecuted, are subject only to a misdemeanor. The FWC must act to increase major gillnetting violation penalties from a misdemeanor to a felony.
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An increase in the minimum size has historically proven to be a better resource management option, particularly at beginning stages of regulations, than bag or trip limits. For example, in sea trout the increase in minimum size increased the spawning stock size (resource benefit) and yields in the fishery (fisherman’s benefits). Additionally, the initial reductions in take are normally short term as the 10 inch fish simply grow to be 11 inches.
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Staff comments on landings data and interpretations indicate that recreational fishers currently take 63% of the annual pompano landings. Such statements are accurate for the last few years; however, they completely omit historical records which clearly indicate that the damage to pompano stocks was done by the large scale gillnet fisheries beginning in the mid 1970’s.
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The FWC staff claim that the one inch increase in minimum size will have a greater impact on commercial fishers is simply false and has no basis in fact or fishery management history. Our August 8, 2003 letter (attached) challenges the FWC staff to produce any evidence from past fishery management actions which support their claims that the one inch increase in minimum size will have a greater impact on commercial landings than on recreational landings.
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Reducing the commercial/vessel trip limit from 250 to 175 fish per day will not have any significant impact on the commercial hook and line fishery, the primary legitimate fishery. Analysis of FMRI trip tickets before the 2001 rule changes showed that 97.5% of the commercial hook and line gear trips for pompano landed less than 200 lbs.
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