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CCA Florida Marine Conservation Initiatives for 2005
by Ted Forsgren, CCA Florida Executive Director
On February 12, CCA Florida’s Board of Directors approved the 2005 Fisheries Conservation Work Plan, which contains an abundance of inshore and offshore fisheries issues. Following are highlights of that plan.
Saltwater Fishing Access—No-Fishing Zones
CCA Florida and CCA National will remain in the forefront of the battle to stop the unnecessary use of no-fishing zones while advocating more effective, proven fisheries management measures such as spawning aggregation protection, time and area closures, and size and take limits. Active participation will also continue in the development of management options for Biscayne National Park.
CCA Florida will also monitor and develop recommendations in coordination with CCA National advocacy programs for South Atlantic and Gulf of Mexico Fishery Management Council proposals for marine protected areas and no-fishing zones off of Florida.
Net Ban Enforcement
As part of an ongoing effort to stop large-scale fish poaching in state waters, flagrant netting arrests made under the new felony penalties provision will be tracked through final prosecution to ensure the law is being applied effectively.
Evaluation of Florida’s Saltwater Recreational Fishery
In 2005, CCA will urge the FWC to evaluate the current and future needs of recreational saltwater fishing and advocate more equitable attention and FWC resources to protecting and maintaining the fisheries. Management plans should be adopted to provide needs for the next 5, 10, and 20 years, and the necessary resources should be determined to maintain and enhance Florida’s multi-billion dollar saltwater recreational fishery.
An effort will also take place to work with the FWC to establish important policies for determining allocation of recreational and commercial take of specific fish and shellfish species. Information on biological and economic aspects of fisheries management, along with public trust responsibilities and license fees would be considered when determining allocation.
State Authority Over Fisheries in Federal Waters off Florida
CCA Florida and CCA National will be working together to change the Magnuson Federal Fisheries Management Act to allow Florida greater responsibility and authority in managing fisheries in federal waters off of Florida. The FWC should be allowed to establish fisheries management plans and regulations, with National Marine Fisheries Service review and approval, in situations where 70 percent or more of the fishery is taken in federal waters off of Florida and landed in Florida.
Gulf and South Atlantic Snapper/Grouper Management Plans (Seawatch, March 2005)
In 2005, CCA Florida will be coordinating with CCA National’s South Atlantic fisheries advocacy program to develop recommendations for upcoming grouper and snapper management plans. In the Gulf, CCA will work with CCA National’s Gulf fisheries advocacy program regarding development of red snapper protection regulations. Controls are also being sought on commercial take of gag and red grouper in the Gulf to restore historical, pre-regulation levels. Support will also be maintained for the CCA and FWC position that would prohibit use of commercial bottom longline gear out to 50 fathoms in the Gulf.
Legislative Session
During the upcoming 2005 Legislative Session CCA will track FWC-related bills to insure that saltwater recreational fishing and marine fisheries conservation programs are not adversely impacted by legislation. Special attention will be given to legislation regarding constitutional amendments. Specific support will be provided for important FWC budget items such as funding for artificial reefs, the saltwater fish hatchery, and other important marine programs.
Spotted Seatrout
CCA will continue to advocate for FWC rule changes that would establish commercial limited entry for the seatrout fishery and a phase-out of commercial take of spotted seatrout. Currently, commercial fishermen are allowed to take 75 fish per day during the summer months, while recreational anglers are limited to four or five fish per person per day. CCA feels that the issue should be addressed before recreational anglers are again targeted for future seatrout restrictions.
Saltwater Fishing Access—Manatee Zones
Participation in FWC local review committees will continue as part of any proposed new state manatee zones. CCA Florida will also organize local chapters to provide comments and, if necessary, oppose proposals that unfairly or arbitrarily restrict access. Alternative measures will be developed to protect manatees while not adversely impacting fishing.
An effort will also be maintained to have the FWC formally determine the biological status of the Florida manatee as requested in the year 2000. CCA will continue to work for the use of measurable biological goals and genetic tagging to determine adult survival rate, and a fair evaluation of the effectiveness of existing speed zones, in an effort to see that manatee protection and management is based on science, not lawsuits and emotion.
Tampa Bay Redfish Stocking Program
The FWC will be urged to complete research on the Tampa Bay Redfish Stocking Project so the results can be used to expand redfish stocking in other areas of the state.
Black Sea Bass Traps
In 2005, the FWC will be working on rules for marking and endorsement requirements in the sea bass trapping industry. CCA has made recommendations to the Commission to address the problems of ghost traps and illegal trapping issues inherent with the commercial black sea bass trap fishery.
Spanish Mackerel Castnet Fishery
CCA will investigate adverse impacts of the commercial castnet fishery in Martin County, including a determination of the magnitude of lost and abandoned nets and by-kill impacts on other marine life.
FWC Imperiled Species Rule Changes
Participation will continue in the FWC Stakeholders Group review of FWC Imperiled Species rule criteria for classifying species as endangered, threatened and species of special concern. Impact on rule changes to the harvest of marine species is a concern.
Flounder
CCA Florida will work with the FWC regarding updated stock assessments of Florida flounder species, and will take part in an analysis regarding the adequacy of current management measures.
Goliath Grouper
CCA will work with the FWC and federal agencies to develop a plan for a very limited, controlled recreational harvest when stock assessments reveal that a limited take of goliath grouper is acceptable. Opposition will continue for any commercial take or sale.
Contact Us
For more information on any of CCA Florida’s conservation initiatives please contact the Tallahassee advocacy office at (850) 224-3474; E-mail: info@ccaflorida.org.
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FWC Approves Rule Defining Gill Nets (Seawatch, March 2005)
A recent ruling by the Fish and Wildlife Conservation Commission ended the latest attempt by netters to create loopholes in Florida’s constitutional net ban. Now, a Wakulla/Franklin County legislator has filed legislation in an attempt to return gill nets to state waters.
New FWC regulations, which were approved in February, create net-measurement procedures and net-construction criteria to clarify the definition of legal gear. The regulations also serve to solidify the FWC’s definition of a seine net as having a mesh size smaller than two inches.
Commercial netters have made numerous attempts to overturn the constitutional netting restrictions in the 10 years they’ve been in effect. One argument that’s been presented time and time again is that netters should be allowed to use any size mesh as long as the net is under the 500-square-foot provision.
The argument is rooted in an attempt after the net ban to use seine nets as gill nets by increasing the size of mesh. To address the problem, the Marine Fisheries Commission created a "bright line" distinction between seine nets and gill nets by defining a legal seine net as having a mesh size no larger than two inches. That practical decision was based on the historic definition of a seine net.
Since then, the rule has been challenged numerous times including three lawsuits that were turned back by the First District Court of Appeal. The most recent ruling took place last October when the court upheld the FWC’s rule. CCA Florida supported the original ruling as representative of the will of the citizens who passed the net ban, and has opposed every attempt to overturn it since then. Prior to the FWC’s recent finding, CCA presented a detailed historical analysis in support of the two-inch rule, citing both constitutional language and appellate court rulings.
Another law enforcement problem the new rules address is the practice of using nets that are bunched up like a shower curtain. The netters argued that the outside measurement equaled 500 square feet, as required in the Constitution, even though the mesh area far exceeded legal limits.
Following the FWC’s February ruling, Rep. Will Kendrick, whose district includes portions of Taylor, Wakulla and Franklin counties, filed legislation to amend Florida law to allow 500-square-foot gill nets.
There are two constitutional problems with the proposed legislation.
- First of all, nobody can authorize the use of gill nets which are explicitly banned by the constitution.
- And secondly, the authority to regulate fisheries and fishing gear belongs exclusively to the constitutionally independent Florida Fish and Wildlife Conservation Commission.
In addition, according to a report in the Tallahassee Democrat, Rep. Kendrick is "considering introducing a resolution to ask voters to change the state constitution to make the nets legal," and is also "considering an alternative resolution to repeal the independent status of the Fish and Wildlife Conservation Commission in the constitution."
CCA Florida will strongly oppose any legislation that would authorize the use of gill nets, or would attempt to strip constitutional protections from the state’s fish and wildlife resources. Both the net ban and the constitutional status of the FWC were supported and approved by overwhelming majorities of Florida voters.
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Removing Derelict Crab Traps From Florida’s Inshore Waters (Seawatch, March 2005)
Any angler who has spent time on the flats is aware of the problem posed by lost and unattended blue crab traps. They damage the environment, foul boat props and can catch and kill fish and crabs for years.
Beginning last fall, however, the Florida Fish and Wildlife Conservation Commission started a new program aimed at reduc-ing the number of derelict traps. Although initial efforts have been small compared to the statewide problem, the program includes a way for any interested group to stage a clean up of their favorite local area.
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A number of cleanup events have already been held along the Central Gulf coast. The first took place in November in Hillsborough Bay and was spearheaded by Tampa Bay Watch. In that effort, 50 volunteers boarded 16 shallow draft boats and spread out over the bay pulling 78 traps out of the shallow water. In the process they released a doomed assortment of marine life—blue crabs, stone crabs, sheepshead, mullet and redfish.
In January, the Florida Airboat Association used their shallow-running crafts during low tide to locate and recover 122 traps out of the Alafia River.
Another pilot effort took place recently in the Homosassa River under the guidance of the St. Martins Marsh Aquatic Preserve. "We are planning larger events in the Crystal River and Big Bend areas as a way to get the public involved," said Melissa Zirhut, with the aquatic preserve.
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| It’s a felony under Florida law to "molest" a crab trap, so any trap recovery effort has to be permitted by the FWC. Before each event, volunteers are trained to tell the difference between a derelict and a legal crab trap so that only abandoned traps are removed. However, any group—fishing clubs, conservation organizations, or even a bunch of anglers who just get together, can form a committee and submit a trap-removal proposal to the FWC. |
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The possibility of holding rolling crab trapping closures,
similar to the way it’s done in other Gulf states, will be addressed
this year by the state’s Blue Crab Advisory Board. The idea behind
a closure is that a portion of coastal waters are closed to crabbing for
a specific period of time to allow crabbers to remove the traps they are
actively fishing. After that, any remaining traps can be pulled out and
discarded. |
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CCA Florida members interested in taking part in future Tampa Bay Watch programs can send an e-mail to Wendy Valle at wvalle@tampabaywatch.org. Those interested in trap recovery efforts in the St. Martins Marsh Aquatic Preserve can contact Melissa Zirhut at (352) 563-0450. Other groups or organizations interested in holding a trap debris removal event in their area can apply to the FWC by contacting Juli Dodson at (850) 922-4340; E-mail: juli.dodson@fwc.
state.fl.us
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Protection Passes for Permit (Seawatch, March 2005)
The Florida Fish and Wildlife Conservation Commission (FWC) has passed a rule that limits to two the number of permit or pompano over 20-inches that may be possessed aboard a vessel. The rule is intended to protect permit when they aggregate in large numbers on wrecks.
Large permit are a valuable and prized saltwater gamefish often targeted for catch-and-release fishing by anglers in the Florida Keys. Permit are managed with pompano because of their similarity.
In 2003, CCA Florida petitioned the FWC to examine the possibility of establishing a limit on the number of permit longer than 20 inches fork length that can be taken per boat. The effort was in response to evidence that some headboats were taking 15 to 30 large permit at a time when the fish are aggregated on wrecks in South Florida in the fall and winter.
Recreational fishermen are allowed to harvest up to six permit and pompano 11-20 inches fork length daily, however, only one may exceed 20 inches in fork length. CCA Florida had suggested the two-fish vessel limit for permit which is similar to a rule passed a few years ago to protect African pompano.
The new rule goes into affect on July 1, 2005 and applies to both state and federal waters.
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Common Sense Prevails in White Marlin Management (Seawatch, March 2005)
The parties involved in a lawsuit seeking to have white marlin listed as an endangered species in U.S. waters have reached a settlement agreement that recognizes the necessity of an international solution for the recovery of the species.
The Center for Biological Diversity, based in Denver, and the Turtle Island Restoration Network, based in San Francisco, sued the National Marine Fisheries Service (NMFS) in an attempt to force the agency to list Atlantic white marlin as "threatened" or "endangered" as defined by the Endangered Species Act (ESA). CCA and the American Sportfishing Association intervened on the side of NMFS in the lawsuit, arguing that an ESA listing would misdirect an overwhelming amount of regulatory effort at domestic recreational fishermen who land fewer than 50 white marlin annually.
"This agreement is very close to what we wanted all along – a settlement that takes into account the realities of the white marlin fishery, the future health of the stock and the impacts on domestic recreational anglers," said Fred Miller, chairman of CCA’s Government Relations Committee.
"Any regulation enacted under an ESA listing would not apply to foreign citizens, the high seas or foreign countries. All regulations would apply to U.S. citizens only," said David Cummins, CCA president. "However, even the complete elimination of the U.S. longline fleet might not halt the decline of white marlin."
Under the terms of the settlement, the plaintiffs will withdraw the suit and NMFS agrees to reassess the status of white marlin after the International Commission for the Conservation of Atlantic Tunas (ICCAT) conducts its own assessment of the stock no later than 2007. NMFS has also agreed to study the need for more areas closed to longlining in domestic waters.
ICCAT regulations, which are the primary conservation measures to manage the approximately 1,800 foreign longliners fishing in the Atlantic Ocean, were implemented in 2001 and require nations to significantly reduce their landings of white marlin from 1999 levels. NMFS, in a review to determine whether white marlin should be listed under the ESA in 2002, concluded it was too early to tell whether the 2001 ICCAT measures were adequate and declined to list the species, prompting the lawsuit.
According to Mike Nussman, American Sportfishing Association president and CEO, and former Recreational Commissioner to ICCAT, "When we implemented these ICCAT regulations in 2001, we knew the solution to our white marlin problems required international cooperation. This settlement agreement reinforces that fact."
CCA has advocated a long-term solution for white marlin that controls both foreign and domestic longline fleets through continued participation in ICCAT.
"The future of white marlin is tied directly to longliners operating hundreds of miles out in the Atlantic," said Miller. "This settlement puts the management spotlight exactly where it needs to be."
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New Rules In Effect For Dolphin And Wahoo (Seawatch, March 2005)
The Florida Fish and Wildlife Conservation Commission has implemented a series of new management rules for dolphin and wahoo in Florida waters.
Previous rules still in effect prohibit commercial harvest and sale of dolphin less than 20 inches fork length, apply a 10-fish daily bag limit for recreational harvest of dolphin, require commercially harvested dolphin to be landed in a whole condition and limit dolphin harvest to hook and line, longlines (outside of state waters) and spearing.
The new rules now in effect:
- designate dolphin and wahoo as restricted species,
- establish a 20-inch fork length minimum size limit for all harvest of dolphin on Florida’s Atlantic coast,
- establish a statewide maximum recreational harvest limit of 60 dolphin per vessel (except 10 dolphin per paying passenger on for-hire vessels),
- establish a statewide daily 2-fish recreational bag limit and a 500-pound commercial daily vessel limit for wahoo,
- require commercial vessels on the Atlantic coast harvesting dolphin and wahoo to have a federal permit,
- prohibit the sale of recreationally caught dolphin or wahoo (except qualified for-hire vessels may sell recreationally harvested dolphin) and require all dolphin and wahoo to be landed in a whole condition.
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