Legislation seeks to keep artificial reefs in the Gulf
Sen. Vitter files bill to streamline process, expand reefing areas for energy structures
WASHINGTON DC (5-31-13) - With the clock ticking towards removal of an ever-increasing number of energy platforms in the Gulf of Mexico, Sen. David Vitter (R-La.) has filed legislation that would make it easier for operators to leave those structures in the marine environment and continue serving as artificial reefs.
“A number of bureaucratic obstacles have been created that make it even more difficult for energy companies to elect to keep those structures in the Gulf for habitat purposes rather than removing them for scrap,” said Pat Murray, president of Coastal Conservation Association. “We are grateful for Sen. Vitter for targeting the red tape that has been causing some of these valuable platforms to be removed unnecessarily. As anglers, we share his goal of leaving as much of that structure in the Gulf as possible.”
Due to extraordinary liability issues, it is virtually impossible to leave the platforms standing upright indefinitely, but options do exist for coastal states to assume liability for structures that are cut and placed in designated artificial reefing areas. Sen. Vitter’s bill (S.1079) contains important steps to expedite the application process for new structures to be approved for state-run Rigs to Reefs programs.
“In our extensive dealings in this issue, one of the hurdles often cited by industry is the exorbitant length of time it takes to get a ruling on whether a specific rig can be a candidate for a Rigs to Reef program,” said Murray. “This bill requires a decision not more than 150 days after the application is submitted. That is a key provision because the pace of removals is poised to increase markedly over the next two years and an expedited process will allow far more structures to be reefed rather than removed.”
When weighing the economic benefits of reefing, proximity to reefing sites is a critical component as towing costs are prohibitive. S.1079 requires 20 new artificial reef planning sites to be created in federal waters adjacent to Gulf states – six off both Texas and Louisiana, three each off Mississippi and Alabama, and five off Florida. At least 10 of those sites will have to be located in waters between 100 and 200 feet, and the remainder at a depth not greater than 200 feet. Additionally, current regulations also require a distance of at least five miles between reefed structures; S.1079 would reduce that distance to two miles.
“The more reefing sites in the Gulf, the more likely it is that the reefing option will make economic sense as well as environmental sense,” said Murray. “Sen. Vitter’s bill creates significantly more opportunity to save these structures.”
Over the history of offshore energy development, nearly 6,000 structures have been placed in the Gulf of Mexico and yet there are fewer than 3,000 there today. Requirements to remove those structures have been written into leases since the first offshore well was drilled, and removals have been a part of the regular course of business for many decades. Anglers have only recently felt the removals more acutely as near-shore energy reserves play out, structures are removed and nothing new comes in to replace them. As the energy industry focuses more and more of its efforts in deeper water, anglers and divers are seeing their favorite platforms pulled and not finding any new places to go. CCA has been active in seeking administrative and legislative paths to secure as much of that structure as possible to remain as marine habitat.
For more information on the Idle Iron issue, visit the Idle Iron page at www.JoinCCA.org
Everglades National Park
Attention: Superintendant Dan Kimball
40001 SR 9336
Homestead, FL 33034
Dear Mr. Kimball:
CCA Florida (”CCA”) has reviewed the Proposed Draft General Management Plan Alternatives for Everglades National Park and provides its comments and suggestions. CCA has met with representatives of Everglades National Park and has presented them with a graphic that more fully defines these comments. CCA urges the National Park Service (NPS) and the management of Everglades National Park (ENP) to continue a dialogue on the development and implementation of the General Management Plan. The Park and its users’ interests are best served when the Park engages its anglers and boaters who constitute a majority of the users of the Park’s marine areas. These sportspersons are conservationists who truly value the Park’s unique resources. But to be clear, the Preferred Alternative as proposed is unacceptable to CCA. CCA will address and suggest modification of those unacceptable elements. The suggested modification of those components meets the needs of the Park’s management and allows reasonable access to its boaters and anglers.
CCA's members and sponsors well recognize the need to provide resource protection for the Park's marine resources. CCA also believes that the vast majority of the anglers and boaters who frequent the Park are good stewards of the resource and hold the Park's resources in high regard. These anglers and boaters will favorably respond to better signage and marking of the Park’s channels, access corridors and shallow water areas. CCA believes that additional marking is needed on the eastern boundary of the park to educate boaters on proper navigation, prevailing water levels and areas requiring local knowledge. CCA also strongly believes that the overwhelming majority of the Park’s boaters and anglers will favorably respond to educational and informational programs.
CCA equally believes that the Park needs to stay true to its tradition as being a premier fishing destination. CCA has supported the use of Pole & Troll Zones (PTZ's) in other locations as well as the concept for Snake Bight as they provide for seagrass protection and enhance the angling experience. But, as implemented the Snake Bight PTZ suffers from access issues. Suggested modifications to the Snake Bight Pole and Troll Zones include better access along the shoreline from Porpoise Point to the northern shore of Snake Bight, an expansion to the north of the Jimmy’s Lake idle speed access areas, increased access along Snake Bight Channel onto the flats, to the west and continuing northward towards the northern shore of Florida Bay. (See the attached Graphic).
The PTZs proposed for ENP are too large and, contrary to statements within the planning document, lack reasonable access. Most of the PTZs in the Preferred Alternative are miles long and across. PTZs of that size, without adequate access corridors, effectively exclude most anglers. A functional PTZ requires access corridors similar to those in use in the Pole and Troll Zones of the Merritt Island National Wildlife Refuge with poling or trolling distances of less than 200 yards. The proposed PTZs comprise every shallow water flat in the waters of Florida Bay within the Park’s boundaries. The lack of access to the proposed PTZs essentially places these flats off limits to most anglers! The Park should also recognize that there will be adverse unintended impacts due to these large PTZs; the fishing effort that is now directed to these flats will be transferred to other flats that are outside, but adjacent to, the Park.
The PTZs which are in the bights of northern Florida Bay and in the central and lower portion of the Park's waters in Florida Bay are significantly influenced by tidal flow, winds and seasonal variations in water levels. These PTZs include Nine Mile Bank, Sandy Key Bank and Dildo Key Bank and the Palm-Cormorant-Curley-Buoy Flats. The access corridors requested by CCA and virtually every other organization that represents the users of the Park’s marine waters are largely based on naturally occurring channels, basins and runoffs. As an example, the poling distances into and out of Garfield Bight would exceed 4 miles. These suggested corridors are not only a matter of convenience, but are necessary for boating safety and seagrass protection. Without these access corridors, the PTZs in the Preferred Alternative are de facto exclusionary zones.
Some of the areas within the proposed PTZs are deep enough to allow for normal operation and, depending on the tide, may be too deep for reasonable poling. Examples include: the area between Sid Key and Jim Foote, which provide more than adequate depth for normal vessel operation, as does the area south of Camp Key, east of Pelican and north of Jim Foote. These areas should allow for combustion engine operation. Additionally, many of the areas within proposed PTZs have over two (2) feet of draft, depending upon the tide; these areas will easily and safely accommodate “idle” transit too. In terrestrial parks users are afforded access through the "wilderness" through trails and paths that have been cut from the wilderness and are maintained by the US Park Service- CCA urges the Park to employ a similar philosophy in establishing and marking access corridors and channels into the proposed PTZs.
CCA recommends the Park incrementally establish these PTZs, starting with the areas around Flamingo, which according to the Parks' Vessel Density Analysis experiences the highest usage, and progressing outward as funds become available to mark access corridors and the PTZs. This incremental approach will allow the Park, with the consultation of the Park’s users, to evaluate and assess the PTZs and their effectiveness. Before additional PTZs are put in place, the Park’s users, including angling and boating groups, should be consulted. Incremental implementation will also allow the Park to meet its budgetary constraints. The PTZs should also consider seasonal variations in water depth, variations which can allow for additional access into those areas and bights so affected. For example, the waters of Garfield Bight experience a significant seasonal variation and the Park should consult with the Park’s recreational and professional users to delineate those areas.
While the proposed shoreline zones arguably enhance the experience of anglers and paddlers, many of these areas provide deeper water and have been historically used as channels, these areas are depicted on CCA’s graphic and should be maintained for access and boating safety reasons. These suggested channels include access to Slagle Ditch, House Ditch and East Cape as well as the area along and immediately west of the campground and around islands such as Palm Key. The continued use of these historic corridors, channels, passes and cuts are also necessary due to the type of vessels that are most frequently used to traverse the Bay. These boats are best described as shallow draft boats, many of which sacrifice weight to be able to draw as little water as possible. The use of these shallow draft skiffs has become more prevalent and it is expected that this trend will continue. This means that many more of today's boats are able to get on flat without disrupting the grasses than was the case a mere ten years ago. These boats are also able to trim up their engines so as to allow idle or slow speed operation without disrupting the bottom. These boats are ecologically friendly, but they also experience more difficulty in moderate winds and the sea conditions found on the open waters of the Bay.
The Preferred Alternative unreasonably removes historically used navigation channels. These access corridors or channels include those in Rabbit Key Basin up to Cluett Key, Tin Can to Palm Key, Clive Key west to Rocky Channel, Palm Key leading into Palm Lake as well as the channels/runoffs of Nine Mile Bank, Cluett Key, Rabbit Key and the areas between Barnes and Buchanan. The Snake Bight PTZ should be modified to allow better access through Snake Bight Channel, Christian Point and the natural deep water tidal runoffs along Snake Bight channel. Each of these proposed channels should be marked, indicated as corridors by buoys/stakes and arrows or, if there are concerns regarding navigation, they should be indicated “as local knowledge required”.
CCA supports boater education through programs such as Eco-Mariner, a program that CCA endorsed. CCA is concerned that mandatory education or the establishment of a permit could lead to the imposition of multiple educational and permitting requirements given the several federally and state operated parks, refuges and sanctuaries. Initially the Park should support a boater education program that is readily accessible to the prospective users and internet based.
With regard to the Gulf areas of the Park, the imposition of a PTZ along the western portion of Gopher Creek is not warranted and, when combined with the existing idle speed zone along the eastern portion of Gopher Creek, essentially turns Gopher Creek into a no boating zone. The Cross Bays/Hurdles Creek area should not be restricted as they provide historic access and passage during rough weather. The proposal for Wood River constitutes an exclusionary zone and is not warranted.
HOUSTON (4-17-13) – The governors of four Gulf states released a JOINT LETTER to the leadership of the U.S. House and Senate today that states current federal management of Gulf red snapper is evidence of a system that is “irretrievably broken,” and calls for passage of legislation that would replace it with a coordinated Gulf states partnership for red snapper management.
“The Gulf of Mexico red snapper fishery has a historic and significant economic benefit to the Gulf coastal states and the nation. However, federal management conflicts impacting both the commercial and recreational sectors have created a situation that is negatively impacting the coastal economies and citizens of our states,” states the letter signed by Gov. Bobby Jindal of Louisiana, Gov. Rick Perry of Texas, Gov. Rick Scott of Florida and Gov. Phil Bryant of Mississippi. “With a stock that is recovering steadily, our recreational anglers are being allowed to fish less and less, and there is no hint of willingness from NOAA Fisheries to deviate from this present, unsatisfactory course. As governors of Gulf states, we believe this confusing management is just the latest evidence of a federal management system that is irretrievably broken.”
The governors’ letter calls on Congress to establish a better fishery management approach for Gulf red snapper based on interstate management measures coordinated by the Gulf States Marine Fisheries Commission, citing their belief that a coordinated Gulf states partnership would be more capable of delivering a robust fishery that is more accessible for their citizens.
“By encouraging Congress to allow the states to effectively manage red snapper and pass legislation to give the Gulf coastal States management authority for this resource, the governors clearly share our desire for a new vision in fisheries management,” said Venable Proctor, chairman of CCA National. “The federal system has had decades to get this fishery on track, and yet it still insists on a path that leads inevitably to a dead-end. We are grateful to the governors for promoting a viable alternative for fisheries management, and we look forward to working with Congress to see that this sensible management model becomes law.”
Federal management of red snapper reached a new low in 2013 when the Gulf of Mexico Fishery Management Council announced a 27-day season, even though the snapper population appears to be booming. In response, Louisiana, Florida and Mississippi have announced various actions to join Texas’ long-standing rejection of federal regulations in state waters, prompting federal authorities to prepare punitive measures for those states. According to current projections, Texas recreational anglers would have a 12-day snapper season in federal waters, Louisiana anglers would have nine days and Florida anglers 21 days.
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CSF Hosts Breakfast Briefing on Saltwater Fisheries Management
April 24, 2013 (Washington, DC) – This morning, the Congressional Sportsmen’s Foundation (CSF) was joined by nine members of the Congressional Sportsmen’s Caucus (CSC) and representatives of the recreational fishing community at a breakfast briefing on Capitol Hill. The briefing addressed the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and highlighted the necessity for enhanced considerations of the value of the marine recreational fishery. The briefing concluded with a specific focus on the current dilemma that recreational anglers are encountering with red snapper in the Gulf of Mexico.
An array of speakers, including members of the CSC and leaders of the recreational fishing community, highlighted issues related to MSA and laid out a course of action for the reauthorization of the MSA in the 113th Congress.
Chris Horton, CSF’s Midwest Regional Director, opened the briefing by introducing Jeff Angers, member of the CSF Board of Directors and President of the Center for Coastal Conservation. Angers noted, “MSA is the overarching federal law governing marine fisheries. As the MSA expires this year, the recreational fishing community notes with clarity that it's time for Congress to focus on an MSA reauthorization that properly addresses management of the marine recreational fishery.”
As an avid fisherman, CSC Co-Chair Representative Bennie Thompson (Miss.) asked the audience and fellow members of the CSC to come together for the resource. “We need your help, and I ask you as a member of the CSC and as a fisherman to set good public policy. This is an opportunity to do so.” Representative Bob Latta (Ohio), a fellow CSC Co-Chair echoed Representative Thompson’s call to action for responsible legislation.“It takes everyone in this room to get this bill across. I appreciate your support in the reauthorization and educating not only fellow members of the CSC, but other members of Congress on this topic.”
Representative Rob Wittman (Va.) spoke in detail on MSA and the need for science-based state and federal management of the nation’s fisheries. “If you manage with the best science and most recent information, what you find is that the user of the resources becomes your best advocate based on the most current findings. Intuitively, it is hard for the fisherman to see how the MSA is working. Decision-makers need to understand the resources and what is at stake in order to better conserve resources such as our nation’s fisheries,” Representative Wittman stated.
Matt Paxton of the Coastal Conservation Association spoke to the group on recreational angling needs in the upcoming MSA reauthorization and specifically the failure of the current management with Gulf red snapper. "This red snapper mess is unacceptable and an unintended consequence of the last reauthorization; it is something that should be rectified."
CCA's Dick Brame spoke to the successes of state-based striped bass management along the Atlantic Coast and how it can serve as a potential model for red snapper management in the Gulf. "There are successful recreational management programs already in place," said Dick Brame. "Why reinvent the wheel? The interstate cooperation in the Atlantic States is not perfect but it provides a smart, workable model."
As the primary statute governing fishing activities in federal waters, MSA expires at the end of fiscal year 2013. Several provisions in the last reauthorization of MSA in 2006 are beyond the capabilities of the National Marine Fisheries Service to adequately implement. The result has been a confusing series of non-science-based restrictions on America’s recreational anglers that have greatly eroded trust in the federal management system and significantly reduced recreational fishing opportunities.
The most glaring examples can be found in the South Atlantic black sea bass fishery and in the Gulf of Mexico red snapper fishery, both of which are enduring extremely short seasons and strict regulations despite strong population recoveries.
In the Gulf, NOAA Fisheries declared that in 2013 recreational anglers in Texas will have a 12-day red snapper season in federal waters; 9 days in Louisiana; 28 days in Mississippi and Alabama, and 21 days in Florida. With a stock that is recovering steadily, recreational anglers are being allowed to fish less and less, and there is no hint of willingness from NMFS to deviate from this present, unsatisfactory course.
The governors of four Gulf States released a joint letter to Congressional leaders that states current federal management of Gulf red snapper is evidence of a system that is “irretrievably broken,” and calls for passage of legislation that would replace it with a coordinated Gulf states partnership for red snapper management.
The breakfast briefing was co-hosted by the American Sportfishing Association, the Coastal Conservation Association, the Guy Harvey Ocean Foundation, the Center for Coastal Conservation, the International Game Fish Association, and the National Marine Manufacturers Association.
Governors of four of the five Gulf states are calling on Congress to allow their states to take control over management of the red snapper fishery in the Gulf of Mexico.
CCA FLORIDA OPPOSES PLACEMENT OF SPACE LAUNCH FACILITY IN
NATIONAL WILDLIFE REFUGE ADJACENT TO MOSQUITO LAGOON AND
OFFERS ALTERNATIVE LOCATIONS
Shiloh is no place for a launch complex
Space Florida is a public body created by the State of Florida to foster the “growth and development of a sustainable and world–leading space industry in Florida." Given Florida’s long history of hosting our nation’s space flights, the existing facilities and talent along our Space Coast and the major employment losses suffered there with the reduction of federal funding of our nation’s space program, the creation and functions of “Florida’s aerospace economic development agency” are surely worthwhile. CCA Florida applauds the effort to bring commercial space industry to our state for all of the economic benefits it will surely bestow. Likewise, it seems prudent to focus on the area surrounding NASA’s facilities already in existence and the wealth of local talent that exist there.
Space Florida recently sent a request to the U.S. Department of Transportation and NASA for the conveyance of 150 acres of land for use by Space Florida as a public airport/spaceport. The subject lands are located in an area that was known, before the Federal government acquired for the space program, as the community of Shiloh. Space Florida subsequently issued a “Request for Information for the Proposed Shiloh Launch Complex," in which it states that it is “proposing the establishment of a commercially developed, commercially operated launch complex."
Shiloh lies in a narrow strip of land between the banks of the northern end of the Indian River Lagoon to the west, and the banks of the Mosquito Lagoon to the east, which is within the Merritt Island National Wildlife Refuge and across Mosquito Lagoon from Canaveral National Seashore, generally at the northern end of the Kennedy Space Center. In its request to the U.S. DOT and NASA, Space Florida stated that the 150 Shiloh acres are “surplus” and “excess to the needs of the U.S. Government” and “are not otherwise needed for public use." The fact that the Shiloh lies within the Merritt Island National Wildlife Refuge was not mentioned.
Nor was the fact that the area encompassing Mosquito Lagoon, the northern reaches of the Indian River Lagoon, the Canaveral National Seashore and Merritt Island National Wildlife Refuge are essentially the most pristine lands and waters left along Florida’s east coast. The area is also essential habitat for many birds and aquatic animals, some of which are endangered or federally protected. A large number of anglers, hunters, bird watchers, manatee watchers, paddlers and other wildlife and outdoor enthusiasts consider the area a primo destination for their avocations. The economic benefit from those enthusiasts to the State of Florida and those who live in the vicinity is immense, which is to say nothing of the tremendous recreational benefits conferred upon those enthusiasts by experiencing the area in what is largely its natural condition. Indeed, the Merritt Island National Wildlife Refuge was designated in 1963 by the U.S. Fish & Wildlife Service for use “as an inviolate sanctuary…for migratory birds."
Meanwhile, Kennedy Space Center (KSC) sits nearby, the fate of much of its facilities unknown. Several capable launch facilities already exist there and are now sitting idle. In fact, one was used by a potential beneficiary of the proposed Shiloh site, Space X, which recently launched a rocket and spacecraft from KSC. NASA began exploring ways to increase future commercial use of the Shuttle Landing Facility at KSC well before the end of the Shuttle Program, and a Final Environmental Assessment was issued in 2007 that addresses expansion of those existing facilities.
Unfortunately, this is not the first time this area has been proposed for a new launch site. In 2008, NASA itself proposed 2 alternative new launch sites very near Shiloh. At the time, Coastal Conservation Association Florida and other groups protested loudly, imploring NASA to find a way to use the facilities at KSC rather than imposing the enormously adverse environmental impacts a new launch facility would create. That proposal by NASA did not proceed, nor should this one.
The development of the Shiloh site will surely involve a very time-consuming process, including the preparation and approval of an environmental impact statement required under the National Environmental Policy Act, as well as a number of other permits. The ultimate issuance of such permits would seem questionable in light of the tremendous impact the proposed launch complex would have – construction and post-development traffic and their attendant noise, smoke, heat and noise from the launches, and storm water runoff, among them. What of access by the public to nearby lands and waters - including the Intracoastal Waterway? This heavily travelled waterway would likely be closed before, during and after launches. Such impacts and the aesthetic degradation may well lead to declining visits by the anglers, birders and other outdoor enthusiasts, which could then result in the loss of existing jobs. Why not avoid all of this and find a way to use the existing facilities at KSC?
CCA Florida has questions to ask of Space Florida and NASA, but in sum, we need to know why the existing, mostly idle facilities at KSC cannot be used to develop the same commercial launch facility that is being proposed for Shiloh?