[House Hearing, 113 Congress]
[From the U.S. Government Publishing Office]
MANAGEMENT OF RED SNAPPER IN THE GULF OF MEXICO UNDER THE MAGNUSON-
STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
=======================================================================
OVERSIGHT HEARING
before the
COMMITTEE ON NATURAL RESOURCES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRTEENTH CONGRESS
FIRST SESSION
__________
Thursday, June 27, 2013
__________
Serial No. 113-27
__________
Printed for the use of the Committee on Natural Resources
Available via the World Wide Web: http://www.fdsys.gov
or
Committee address: http://naturalresources.house.gov
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COMMITTEE ON NATURAL RESOURCES
DOC HASTINGS, WA, Chairman
EDWARD J. MARKEY, MA, Ranking Democratic Member
Don Young, AK Peter A. DeFazio, OR
Louie Gohmert, TX Eni F. H. Faleomavaega, AS
Rob Bishop, UT Frank Pallone, Jr., NJ
Doug Lamborn, CO Grace F. Napolitano, CA
Robert J. Wittman, VA Rush Holt, NJ
Paul C. Broun, GA Raul M. Grijalva, AZ
John Fleming, LA Madeleine Z. Bordallo, GU
Tom McClintock, CA Jim Costa, CA
Glenn Thompson, PA Gregorio Kilili Camacho Sablan,
Cynthia M. Lummis, WY CNMI
Dan Benishek, MI Niki Tsongas, MA
Jeff Duncan, SC Pedro R. Pierluisi, PR
Scott R. Tipton, CO Colleen W. Hanabusa, HI
Paul A. Gosar, AZ Tony Cardenas, CA
Raul R. Labrador, ID Steven A. Horsford, NV
Steve Southerland, II, FL Jared Huffman, CA
Bill Flores, TX Raul Ruiz, CA
Jon Runyan, NJ Carol Shea-Porter, NH
Mark E. Amodei, NV Alan S. Lowenthal, CA
Markwayne Mullin, OK Joe Garcia, FL
Chris Stewart, UT Matt Cartwright, PA
Steve Daines, MT
Kevin Cramer, ND
Doug LaMalfa, CA
Jason T. Smith, MO
Todd Young, Chief of Staff
Lisa Pittman, Chief Legislative Counsel
Jeffrey Duncan, Democratic Staff Director
David Watkins, Democratic Chief Counsel
------
CONTENTS
----------
Page
Hearing held on Thursday, June 27, 2013.......................... 1
Statement of Members:
Hastings, Hon. Doc, a Representative in Congress from the
State of Washington........................................ 1
Prepared statement of.................................... 3
Sablan, Hon. Gregorio Kilili Camacho, a Delegate in Congress
from the Commonwealth of the Northern Mariana Islands...... 4
Prepared statement of.................................... 5
Statement of Witnesses:
Anderson, Pamela W., Operations Manager, Capt. Anderson's
Marina, and Vice President, Panama City Boatman's
Association................................................ 63
Prepared statement of.................................... 65
Anson, Kevin, Vice-Chairman, Gulf of Mexico Fishery
Management Council......................................... 15
Prepared statement of.................................... 17
Blankenship, Christopher, Director of Marine Resources,
Alabama Department of Conservation and Natural Resources... 20
Prepared statement of.................................... 21
Boggs, Susan, Co-Owner, Reel Surprise Charter Fishing, Orange
Beach, Alabama; Board of Directors, Charter Fishermen's
Association................................................ 71
Prepared statement of.................................... 73
Diaz, Dale, Director, Office of Marine Fisheries, Mississippi
Department of Marine Resources............................. 33
Prepared statement of.................................... 35
Malone, Herbert J., Jr., President/ CEO, Alabama Gulf Coast
Convention & Visitors Bureau............................... 56
Prepared statement of.................................... 57
McCawley, Jessica, Director, Division of Marine Fisheries
Management, Florida Fish and Wildlife Conservation
Commission (FWC)........................................... 24
Prepared statement of.................................... 26
Pausina, Randy, Assistant Secretary, Office of Fisheries,
Louisiana Department of Wildlife and Fisheries............. 30
Prepared statement of.................................... 32
Pearce, Harlon, Owner, Harlon's LA Fish LLC, Kenner,
Louisiana; Representing the Gulf Seafood Marketing
Coalition.................................................. 58
Prepared statement of.................................... 60
Riechers, Robin, Director, Coastal Fisheries Division, Texas
Parks and Wildlife Department.............................. 39
Prepared statement of.................................... 41
Schwaab, Eric, Acting Assistant Secretary for Conservation
and Management, National Oceanic and Atmospheric
Administration, U.S. Department of Commerce................ 7
Prepared statement of.................................... 9
Werner, Wayne, Co-Founder, Gulf Coast Professional Fishermen. 68
Prepared statement of.................................... 69
Additional materials supplied:
Baker, Pamela, Director, Gulf of Mexico and Southeast Oceans,
Environmental Defense Fund, Statement submitted for the
record..................................................... 83
Bonner, Hon. Jo, a Representative in Congress from the State
of Alabama, Statement submitted for the record............. 84
Duncan, Hon. Jeff, a Representative in Congress from the
State of South Carolina, Chart submitted for the record.... 52
Gulf Fishermen's Association, Clearwater, Florida, Statement
submitted for the record................................... 85
National Ocean Industries Association (NOIA), Press release
submitted for the record................................... 6
OVERSIGHT HEARING ON ``THE MANAGEMENT OF RED SNAPPER IN THE GULF OF
MEXICO UNDER THE MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT
ACT.''
----------
Thursday, June 27, 2013
U.S. House of Representatives
Committee on Natural Resources
Washington, D.C.
----------
The Committee met, pursuant to notice, at 10:04 a.m., in
Room 1324, Longworth House Office Building, Hon. Doc Hastings
[Chairman of the Committee] presiding.
Present: Representatives Hastings, Wittman, Fleming,
Duncan, Southerland; Sablan and Huffman.
Also Present: Representative Scott.
The Chairman. The Committee will come to order, and the
Chairman notes the presence of a quorum, which, under Rule
3(e), is two Members, and we have doubled that. Thank you all
for being here.
The Committee on Natural Resources is meeting today to hear
testimony on an oversight hearing on the management of red
snapper in the Gulf of Mexico under the Magnuson-Stevens
Fishery Conservation and Management Act. Under Rule 4(f),
opening statements are limited to the Chairman and the Ranking
Member of the Committee. However, I ask unanimous consent that
any member of the Committee that would like to have an opening
statement have it to the Committee prior to the close of
business today.
[No response.]
The Chairman. Without objection, so ordered. I also ask
unanimous consent that the gentleman from Georgia, Mr. Scott,
Austin Scott from Georgia, be allowed to sit on the dais and
participate, if he wishes, in the Committee hearing.
[No response.]
The Chairman. And, without objection, so ordered. I will
now recognize myself for my opening statement.
STATEMENT OF THE HON. DOC HASTINGS, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF WASHINGTON
The Chairman. I want to welcome all of our witnesses here
today. I know most, if not all, of you spent last week in the
Gulf of Mexico Fishery Management Council meeting discussing
the same topic we are going to discuss today: the management of
the Gulf red snapper fishery under the Magnuson-Stevens Fishery
Conservation and Management Act. I appreciate your being here
to help us understand what the Council is doing and what we can
do to help.
You have all heard me say this before. At its most basic
level, the Magnuson-Stevens Act works. It provides direct
public involvement through a process that is open and
transparent, and it allows for establishment of both
recreational and commercial harvest levels based on science.
Through our previous hearings, we have heard a lot of
testimony about how the Act has worked to create economic
benefits for coastal communities through the sustained use of
our Nation's fishery resources. Unfortunately, with the
questionable data being used to set the fishing seasons, with
States suing NOAA, and with States setting seasons in State
waters that do not match the Federal fishery management plan,
the management of red snapper cannot be considered one of those
success stories.
The Magnuson-Stevens Act requires sound, scientific
information to be effective, and it requires that stakeholders
buy into that information. In the case of the red snapper, that
does not seem to be the case. The scientific data has lagged
behind the management measures, and fishermen do not believe
that the restrictions required by that lag data are really
necessary. Add to that a management system for the recreational
sector that ignores the economic concerns of coastal
communities, and it is not a surprise that the red snapper
fishery is the subject of this hearing today.
Red snapper is one of the most valuable fisheries in the
Gulf of Mexico. Yet the management of the recreational sector
of the fishery has not provided the flexibility for States and
communities to maximize the economic value of the charter
sector, the weekend angler, or the coastal communities. Because
of this, five bills have been introduced in the last few months
that would take management of the recreational fishery away
from the Federal Government.
Many people have tried to draw an analogy between the red
snapper fishery and previous management of the striped bass on
the East Coast. While there are some legitimate comparisons
that can be drawn, there is one stark example that should not
be duplicated. In the case of the striped bass, all Federal
waters were closed with the promise that once the population of
striped bass recovered, those waters would be open and users
would benefit. Almost 30 years later, everyone agrees that the
striped bass recovery has been successful. Yet the Federal
waters remain closed.
We have seen this happen before, and we are now seeing it
in New England. Once an area is closed to fishing, some groups
will argue that the area should never be reopened to fishing,
even if the closure is no longer warranted, and the opening is
based on good, sound science.
That is a key reason I am so concerned with the ocean and
coastal zoning plan that this Administration is pursuing under
the guise of the National Ocean Policy. That policy creates a
new process for Federal bureaucrats behind closed doors to zone
our oceans, coastlines, and inland areas using vague criteria
from an executive order. There is no statutory authority for
this zoning process. And I am afraid groups would use this
process to close more and more areas to fishing, both
recreational and commercial.
But I digress. The National Ocean Policy is not the subject
of today's hearing. Today we are here to listen to those who
are closest to the red snapper fishery management, and to see
if changes in the Magnuson-Stevens Act are necessary to create
a better management system for the red snapper in the Gulf.
I understand the Gulf Council at its last meeting took the
first steps toward a regional plan that will allow States to
meet their specific economic needs through different seasons,
bag limits, and size limits. I look forward to hearing more
about this from our witnesses, and whether Congress needs to
act to help in this effort.
I hope we will also hear other suggestions for how the
Magnuson-Stevens Act could be modified to provide for better
management of our fisheries, and the red snapper fishing in
particular.
[The prepared statement of Mr. Hastings follows:]
Statement of The Honorable Doc Hastings, Chairman,
Committee on Natural Resources
I want to welcome all of our witnesses here today. I know most, if
not all of you, spent last week at the Gulf of Mexico Fishery
Management Council meeting discussing the same topic we are going to
discuss today--the management of the Gulf red snapper fishery under the
Magnuson-Stevens Fishery Conservation and Management Act. I appreciate
your being here to help us understand what the Council is doing and how
we can help.
You have all heard me say this before--at its most basic level, the
Magnuson-Stevens Act works. It provides direct public involvement
through a process that is open and transparent, and allows for the
establishment of both recreational and commercial harvest levels based
on science. Through our previous hearings, we have heard a lot of
testimony about how the Act has worked to create economic benefits for
coastal communities through the sustainable use of our Nation's fishery
resources.
Unfortunately, with the questionable data being used to set the
fishing seasons, with States suing NOAA, and with States setting
seasons in State waters that do not match the Federal fishery
management plan, the management of red snapper cannot be considered one
of those success stories. The Magnuson-Stevens Act requires sound
scientific information to be effective and it requires that
stakeholders buy into that information. In the case of red snapper,
that does not seem to be the case. The scientific data has lagged
behind the management measures and fishermen do not believe that the
restrictions required by that lagged data are really necessary. Add to
that a management system for the recreational sector that ignores the
economic concerns of the coastal communities, and it is not a surprise
that the red snapper fishery is the subject of its own hearing by this
Committee.
Red snapper is one of the most valuable fisheries in the Gulf of
Mexico, yet the management of the recreational sector of the fishery
has not provided the flexibility for States and communities to maximize
the economic value for the charter sector, the weekend angler, or the
coastal communities. Because of this, five bills have been introduced
in the last few months that would take management of the recreational
fishery away from the Federal government.
Many people have tried to draw an analogy between the red snapper
fishery and previous management of striped bass on the East Coast.
While there are some legitimate comparisons that can be drawn, there is
one stark example that should not be duplicated. In the case of striped
bass, all Federal waters were closed with the promise that once the
population of striped bass recovered, those waters would be reopened
and all of the users would benefit. Almost 30 years later, everyone
agrees that the striped bass recovery has been successful. And yet
Federal waters remain closed.
We have seen this happen before, and we are now seeing it in New
England. Once an area is closed to fishing, some groups will argue that
the area should never be reopened to fishing even if the closure is no
longer warranted and the opening is based on sound science. That is a
key reason I am so concerned with the ocean and coastal zoning plan
that this Administration is pursuing under the guise of a National
Ocean Policy. That Policy creates a new process for Federal
bureaucrats, behind closed doors, to zone our oceans, coastlines, and
inland areas using vague criteria from an Executive Order. There is no
statutory authority for this zoning process and I am afraid groups will
use this process to close more and more areas to fishing--both
recreational and commercial.
But the National Ocean Policy is not the subject of today's
hearing. Today we are here to listen to those who are closest to the
red snapper fishery management and to see if changes to the Magnuson-
Stevens Act are necessary to create a better management system for red
snapper in the Gulf.
I understand the Gulf Council at its meeting last week took the
first steps toward a regional management plan that will allow states to
meet their specific economic needs through different seasons, bag
limits, and size limits. I look forward to hearing more about this from
our witnesses and whether Congress needs to act to help this effort. I
hope we will also hear other suggestions for how the Magnuson-Stevens
Act could be modified to provide for better management of our fisheries
and the red snapper fishing in particular.
______
The Chairman. With that, I yield back the time and
recognize the gentleman from the Northern Marianas.
STATEMENT OF THE HON. GREGORIO KILILI CAMACHO SABLAN, A
DELEGATE IN CONGRESS FROM THE TERRITORY OF THE NORTHERN MARIANA
ISLANDS
Mr. Sablan. Thank you very much, Mr. Chairman, and good
morning, everyone. Today we will hear testimony on the topic of
red snapper management in the Gulf of Mexico. While I
understand the economic importance of this fishery to many
people in the Gulf region, I hope that the Committee will hold
a hearing soon on the fisheries management challenges facing my
constituents and others in the Western Pacific.
But focusing on the issue at hand, I believe a couple of
facts can help put things in perspective. First, even though
the abundance of red snapper has increased over the past
several years, the stock remains over-fished. And over-fishing
ended just last year.
Second, the time line for rebuilding the Gulf red snapper
stock extends until 2032. Therefore, while red snapper
restoration is moving in the right direction, we are not out of
the woods yet. Conservative, science-based management of this
fishery remains critical to achieving sustainable harvest
levels, and helping the red snapper reclaim its role in the
Gulf ecosystem from the Florida Keys to Flower Garden Banks.
Much has been said and written lately about the
difficulties facing red snapper fishermen in the Gulf. And I
understand and share the concerns of those who would like to
see more timely incorporation of data to inform management. I
also understand the frustration of anglers who have seen their
fishing season shorten, even as the stock has improved, because
of open access, increased fishing pressure, and skyrocketing
harvest rates.
It is clear that something needs to change in the way that
the recreational red snapper fishery is managed. However, I
would argue that any approach that would soften annual catch
limits, weaken accountability measures, or make enforcement of
fishery laws and regulations more difficult is not in the long-
term interests of those who depend on Gulf red snapper for
their livelihood. These tools have been critical in
kickstarting and sustaining the red snapper recovery, and
cannot be abandoned.
Indeed, those with an interest in improving stability in
recreational management measures would do well to use
commercial red snapper fishermen as a model. The commercial
sector has moved from a dangerous derby system to an individual
fishing quota, an IFQ, that has ensured sustainable,
accountable, and profitable fisheries. This market-based system
has allowed them to fish when the conditions are most
favorable.
Some innovative ideas for recreation reform have been
proposed, but I understand they have not been seriously
considered by the Gulf Council. Development of an IFQ or a
flexible ``days at sea'' program for head boat and charter for-
hire operations show great promise. But we are only now getting
to the pilot project stage with the development of an exempted
fishing permit.
The use of fix tax to prevent over-harvesting by private
anglers and improved data collection and integration has its
roots in the successful American model of wildlife
conservation, and has proven effective in recreational fishing
contexts, such as the Florida tarpon and the Louisiana
recreational offshore landings permit reporting program for
tuna.
Finally, the concept of intersector trading of red snapper
quota between commercial and recreational fishermen has the
potential to create opportunities, but only if it is a fair
market. I hope that this hearing will bring further attention
to those ideas as alternatives to the status quo. I look
forward to hearing from our witnesses.
And, Mr. Chairman, at this time I ask for unanimous consent
to enter into the record a press release from the National
Ocean Industries Association, praising the Department of the
Interior's revised rigs to reefs policy developed pursuant to
National Ocean Policy, because this is an example, an excellent
example, of how the National Ocean Policy is working to find
common-sense solutions, and will benefit red snapper fishermen
in the Gulf of Mexico. Thank you.
The Chairman. Without objection, it will be part of the
record.
Mr. Sablan. Thank you very much, Mr. Chairman.
[The prepared statement of Mr. Sablan follows:]
Statement of The Honorable Gregorio Kilili Camacho Sablan, a Delegate
in Congress from the Commonwealth of the Northern Mariana Islands
Thank you Mr. Chairman.
Today we will hear testimony on the topic of red snapper management
in the Gulf of Mexico. While I understand the economic importance of
this fishery to many people in the Gulf region, I hope that the
Committee will hold a hearing soon on the fisheries management
challenges facing my constituents and others in the Western Pacific.
Focusing on the issue at hand, I believe a couple of facts can help
put things in perspective. First, even though abundance of red snapper
has increased over the past several years, the stock remains
overfished, and overfishing ended just last year. Second, the timeline
for rebuilding the Gulf red snapper stock extends until 2032.
Therefore, while red snapper restoration is moving in the right
direction, we are not out of the woods yet. Conservative, science-based
management of this fishery remains critical to achieving sustainable
harvest levels and helping the red snapper reclaim its role in the Gulf
ecosystem from the Florida Keys to Flower Garden Banks.
Much has been said and written lately about the difficulties facing
red snapper fishermen in the Gulf, and I understand and share the
concerns of those who would like to see more timely incorporation of
data to inform management. I also understand the frustration of anglers
who have seen their fishing seasons shortened even as the stock has
improved because of open access, increased fishing pressure, and
skyrocketing harvest rates. It is clear that something needs to change
in the way that the recreational red snapper fishery is managed.
However, I would argue that any approach that would soften Annual
Catch Limits, weaken Accountability Measures, or make enforcement of
fishery laws and regulations more difficult is not in the long term
interest of those who depend on Gulf red snapper for their livelihoods.
These tools have been critical in kickstarting and sustaining the red
snapper recovery, and cannot be abandoned.
Indeed, those with an interest in improving stability in
recreational management measures would do well to use commercial red
snapper fishermen as a model. The commercial sector has moved from a
dangerous derby system to an Individual Fishing Quota (IFQ) that has
ensured a sustainable, accountable, and profitable fishery. This
market-based system has allowed them to enjoy year-round seasons, and
to fish when the conditions are most favorable.
Some innovative ideas for recreational reform have been proposed,
but I understand that they have not been seriously considered by the
Gulf Council. Development of an IFQ or a flexible days at sea program
for head boat and charter for hire operations show great promise, but
we are only now getting to the pilot project stage with the development
of an Exempted Fishing Permit. The use of fish tags to prevent
overharvesting by private anglers and improve data collection and
integration has its roots in the successful American model of wildlife
conservation, and has proven effective in recreational fishing
contexts, such as Florida tarpon and the Louisiana Recreational
Offshore Landings Permit Reporting Program for tuna. Finally, the
concept of inter-sector trading of red snapper quota between commercial
and recreational fishermen has the potential to create opportunities,
but only of it is a fair market. I hope that this hearing will bring
further attention to those ideas as alternatives to the status quo. I
look forward to hearing from our witnesses.
______
[The press release submitted for the record by Mr. Sablan
follows:]
NOIA PRESS RELEASE
For Immediate Release: Wednesday, June 26, 2013
Contact: Nicolette Nye, (202) 465-8463, [email protected]
Revised Policies on Rigs to Reefs are a Step in the Right Direction
Washington, D.C.--NOIA President Randall Luthi today issued the
following statement regarding BSEE's Rigs to Reefs Interim Policy
Document:
``The Interim Policy Document provides welcome additional
flexibility to both industry and government agencies as they jointly
identify and evaluate suitable structures to serve as continuing havens
to thriving marine ecosystems following the end of oil and gas
production. This is a great example of the progress that can be made
when industry and regulating agencies communicate with each other. It
is gratifying to see government and industry come together to
cooperatively and responsibly address this complex and important
environmental issue. The policy revisions are a step in the right
direction for the responsible and environmentally conscious use and
subsequent reuse of the oil and gas infrastructure located in the Gulf
of Mexico. We appreciate the opportunity to work with BSEE, BOEM and
other stakeholders in shaping this document, and look forward to
further refining the process, particularly concerning better use of
toppled structures on a case-by-case basis, and what additional
materials can be left on structures as we work through
decommissionings, rigs to reefs, and special artificial reef sites.''
# # #
ABOUT NOIA
NOIA is the only national trade association representing all
segments of the offshore industry with an interest in the exploration
and production of both traditional and renewable energy resources on
the nation's outer continental shelf. NOIA's mission is to secure
reliable access and a fair regulatory and economic environment for the
companies that develop the nation's valuable offshore energy resources
in an environmentally responsible manner. The NOIA membership comprises
about 300 companies engaged in business activities ranging from
producing to drilling, engineering to marine and air transport,
offshore construction to equipment manufacture and supply,
telecommunications to finance and insurance, and renewable energy.
______
The Chairman. Now I want to welcome the first panel here,
and thank you very much for being here. We have Mr. Eric
Schwaab, who is Assistant Administrator of the National Marine
Fisheries Service of NOAA; Mr. Kevin Anson, Vice Chairman of
the Gulf of Mexico Fishery Management Council; Mr. Chris
Blankenship, Director of the Marine Resources Division of the
Alabama Department of Conservation and Natural Resources; Ms.
Jessica McCawley, Director, Division of Marine Fisheries
Management for the Florida Fish and Wildlife Conservation
Commission; Mr. Randy Pausina, Assistant Secretary, Office of
Fisheries of the Louisiana Department of Wildlife and
Fisheries; Mr. Dale Diaz, Director of the Office of Marine
Fisheries, Mississippi Department of Marine Resources; and Mr.
Robin Riechers, Director of the Coastal Fisheries Division of
the Texas Parks and Wildlife Department.
For those of you that have not had an opportunity to
testify, let me explain the lights here in front of you. First
of all, your full statement will appear in the record, and you
are required to submit a full statement. However, you will have
5 minutes to make an oral statement to talk about your full
statement, whatever you want to do within 5 minutes.
But the important part is the lights. When the green light
is on, that means you are doing very, very well, within the 5
minutes. But when the yellow light comes on, that means you are
now down to 1 minute before the 5 minutes is over. And when the
red light comes on, well, we just don't want to go there, that
is all.
[Laughter.]
The Chairman. I would ask you then to wrap up your oral
statement when that red light comes on.
So, with that, we will first recognize Mr. Eric Schwaab,
whom I said is the Assistant Administrator for NMFS within
NOAA. And you are recognized for 5 minutes.
STATEMENT OF ERIC SCHWAAB, ASSISTANT ADMINISTRATOR, NATIONAL
MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
Mr. Schwaab. Thank you. Good morning, Mr. Chairman, Ranking
Member Sablan, and members of the Committee. Thank you for the
opportunity to testify today.
I would like to begin by saying that it has been a great
honor for me to work with all of you, your staff, our State
Council, commercial, recreational, and NGO partners, on behalf
of NOAA over the past few years. Tomorrow I will be leaving
NOAA, but I do so knowing that collectively we have made great
progress ending over-fishing and rebuilding fish stocks around
the country. There is, of course, still much work to be done.
But we should not lose sight of the progress made, or what is
required to sustain that progress.
Today I will discuss the current status of the red snapper
rebuilding efforts, the challenges in translating rebuilding
benefits into increased recreational fishing opportunities, and
some of the options the Council is considering to address
ongoing management challenges.
Fishermen have harvested red snapper from the Gulf of
Mexico since the mid-1800s. In the 1980s and 1990s assessments
repeatedly showed that the population was over-fished, and
undergoing over-fishing, and that the conservation measures in
place at the time were not working. In 1997, a congressionally
mandated independent peer review of the scientific and
management basis for red snapper management was undertaken, and
echoed those findings.
As required by the 2006 Magnuson-Stevens Act
reauthorization, the rebuilding plan for red snapper was
designed to phase out over-fishing between 2009 and 2010, and
rebuild the population by 2032. Doing so required steep
reductions in the catch limits.
At the same time, the commercial fishery moved to an
individual fishing quota program, which allocates a percentage
of the commercial annual catch limit based on the fisherman's
individual landings history. There is clear evidence that these
management measures and the sacrifices of fishermen they have
required are paying off. The recently completed benchmark stock
assessment indicates that we have successfully ended over-
fishing, and that there are more red snapper in the Gulf of
Mexico today than there have been in decades. The spawning
potential of the population has more than doubled in the past 5
years. Recreational fishermen are landing red snapper at three
times the rate they did in 2006. Fishermen on the West Coast of
Florida can now target red snapper as the stock expands back to
its historic range.
The commercial fishery is fishing year-round. And the
average ex-vessel price of red snapper in 2012 was 27 percent
greater than the average inflation-adjusted ex-vessel price in
2007.
However, the improved recreational catch rates have had
unforeseen impacts. Recreational red snapper catch quotas
increased by 62 percent from 2008 to 2012, but landings
increased 148 percent during the same time period. The rate of
landings is outpacing the rate of population growth. As a
result, the recreational seasons have been progressively
shorter to prevent catch overages. Recreational fishermen are
understandably frustrated by this apparent paradox.
The good news is that the new assessment indicates that
catch limits can be set higher. The Council is currently
considering catch limits for 2013, ranging from 10 to 12
million pounds, which would result in more quota for commercial
fishermen and more fishing days for recreational anglers.
But increasing season lengths alone will not fully address
the long-term needs of recreational anglers. The Gulf Council
is focused on several other improvements, including evaluating
regional management. Regional management would give States the
latitude to adjust seasons and bag limits within an allocated
quota, according to the express preferences of that State's
fishermen. Such a system will require the States to work
closely together and with the Council to ensure fair treatment
among the States, and adherence to Magnuson-Stevens Act
standards. This increased flexibility would require strong
commitments, investment of new resources, and new commitment to
accountability on the part of the States.
Regarding science and data, we continue to work, working to
improve the precision and accuracy of the data used in red
snapper population assessments, and investments are being made
in new sampling technologies to improve the efficiency and
effectiveness of our scientific surveys.
We are also focused on implementation of the new MRIP, and
ways to apply promising new technologies like iSnapper and
iAngler. And just last week, the Council approved an amendment
providing for electronic reporting to be used by head boats. It
is noteworthy that this year is the first that the allowable
red snapper catch limit will exceed the combined commercial and
recreational catch limit in place before the rebuilding plan
was implemented.
This is a critical time in the history of red snapper
management, and we must respond with thoughtful and disciplined
planning and decision-making to ensure the fishery is able to
enjoy the benefits of this rebuilding effort, and meet the
needs of both current and future generations.
I am available to answer your questions at the appropriate
time. Thank you.
[The prepared statement of Mr. Schwaab follows:]
Statement of Eric Schwaab, Acting Assistant Secretary for Conservation
and Management, National Oceanic and Atmospheric Administration, U.S.
Department of Commerce
Introduction
Good morning, Mr. Chairman and Members of the Committee. I
appreciate the opportunity to speak with you today about red snapper
management in the Gulf of Mexico. My name is Eric Schwaab and I am the
Acting Assistant Secretary for Conservation and Management at the
National Oceanic and Atmospheric Administration's (NOAA) within the
U.S. Department of Commerce (DOC). From daily weather forecasts, severe
storm warnings, and climate monitoring to fisheries management, coastal
restoration, and supporting marine commerce, NOAA's products and
services support economic vitality and affect more than one-third of
America's gross domestic product. NOAA's dedicated scientists use
cutting-edge research and high-tech instrumentation to provide
citizens, planners, emergency managers, and other decision makers with
reliable information they need when they need it.
Today, I will discuss the current status of the red snapper
rebuilding efforts, and how the plan to rebuild red snapper has
benefited and will benefit the population, commercial and recreational
fishermen, and fishing communities. Also, I will describe the
challenges we face in translating rebuilding benefits into increased
recreational fishing opportunities throughout the Gulf of Mexico.
Finally, I will discuss several options the Gulf of Mexico Fishery
Management Council (Gulf Council) is considering to address
recreational management challenges.
Historical Population Trends
Fishermen have harvested red snapper from the Gulf of Mexico since
the mid-1800s, more than a century before the first federal fishery
management measures were established in 1984. Currently, this species
is one of the most popular and studied in the Gulf of Mexico, and
National Marine Fisheries Service (NMFS) has conducted ten population
assessments since the late 1980s. The first assessment, conducted in
1988, concluded the population was overfished and undergoing
overfishing, meaning there were too few fish in the water to maximize
catches over the long term and fish continued to be removed from the
population at too high a rate. Six assessments conducted in the 1990s
confirmed that conclusion, suggesting conservation measures such as
minimum size limits, commercial trip limits, and daily recreational bag
limits implemented to end overfishing and rebuild the population, as
required by the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act; P.L. 94-265) were not sufficient. A
Congressionally-mandated independent peer review of the scientific and
management basis for red snapper management, completed in 1997, also
echoed these findings.
Successful Rebuilding Efforts
The Gulf Council implemented the first red snapper rebuilding plan
in 1990, but has modified the rebuilding schedule and goals several
times in response to new scientific information. A rebuilding plan is a
strategy used to manage catch levels over a specified time period so
that an overfished population can increase in size to a target level.
The current red snapper rebuilding plan was designed to phase out
overfishing between 2009 and 2010 and rebuild the population by 2032.
The timeframe to rebuild overfished populations varies depending on the
status and biology of the overfished species. The red snapper
rebuilding schedule is lengthy because red snapper is a very long-lived
species, reaching more than 50 years of age, and was severely
overfished for many decades.
Substantial changes to the plan, as implemented in 2007, were
informed by a 2005 population assessment and followed a court ruling on
a lawsuit filed by the Coastal Conservation Association, Ocean
Conservancy, and Gulf Restoration Network, who found previous
rebuilding measures to be insufficient to rebuild the population on
schedule. These changes reduced the combined (commercial and
recreational) red snapper catch limit by 45 percent from 9.12 million
pounds to 5.0 million pounds; reduced the recreational bag limit from
four to two fish to slow the rate of catch; reduced the commercial
minimum size limit from 15 inches total length to 13 inches total
length to reduce regulatory discards in that fishery; and specified a
maximum level for shrimp fishing effort which, if exceeded, would
trigger area closures to minimize the incidental take of red snapper in
shrimp trawls.
Also in 2007 the commercial red snapper fishery moved to an
individual fishing quota program (IFQ), which allocates participating
fishermen a percentage of the commercial annual catch limit based on
their landings history. The IFQ program is intended and has been
demonstrated to better align the capacity of the fleet with the
commercial catch limit, to mitigate short fishing seasons, improve
safety at sea and increase the profitability of the commercial red
snapper fishery. Participation in the commercial red snapper fishery,
measured by the number of accounts holding red snapper IFQ shares, has
declined by about 25 percent since the program was implemented. IFQ
participants are targeting red snapper year round. The fishery is
reportedly safer than it used to be when fishermen were required to
compete for the catch during very limited season openings. The average
ex-vessel price of red snapper in 2012 was 27 percent greater than the
average inflation adjusted ex-vessel price in 2007.
There is clear evidence that the new measures implemented in 2007
are paying off. A 2009 red snapper assessment update, and a new
assessment completed just last month, indicated those measures
successfully ended overfishing and there are more red snapper in the
Gulf of Mexico today than in decades. According to the new assessment,
the spawning potential of the population has more than doubled in the
last five years. Spawning potential is estimated to have reached 13.4
percent in 2013--more than half of the 26 percent rebuilding target
(Figure 1). Spawning potential refers to the number of eggs a fish
produces over its lifetime in a fished population compared to the
number of eggs produced by a fish in an unfished population.
Many Gulf of Mexico fishermen echo the assessment findings, saying
they are seeing more and larger red snapper than they have seen in
their lifetime. Recreational fishermen are landing red snapper at three
times the rate they did in 2006--an estimated 18,000 fish per day
compared to 6,000 fish per day (Figure 2). In addition, each fish
weighs more than twice as much as before (Figure 3), and fishermen on
the west coast of Florida now have new opportunities to target red
snapper as the stock expands back to its historic range. After decades
of overfishing, the red snapper populations of the Gulf of Mexico were
concentrated in offshore waters of the northern Gulf of Mexico. Now,
catch data indicate red snapper landings are increasing both closer to
shore and along the west coast of Florida, with some fishermen
reporting landings as far south as the Florida Keys (Figure 4).
Ongoing Rebuilding Challenges
The rebuilding process is not yet complete. While the red snapper
population has increased significantly in size, it has not yet reached
the rebuilding target. Additionally, as a long lived species, red
snapper depend upon a fully developed age structure. Currently, the
population contains a disproportionate number of younger fish. A
healthy population requires an appropriate mix of fish of different
ages, including older, larger fish which produce more and healthier
offspring. The need to complete this rebuilding process places
continuing, but necessary constraints on the fishery.
Despite improved fishing experiences and opportunities, improved
catch rates have unintended impacts on recreational fishing
opportunities because the rate of landings is outpacing the rate of
population growth. Recreational red snapper catch quotas increased by
62 percent from 2008-2012 compared to a 148 percent increase in
recreational landings per day during that same time period. As a
result, in compliance with Magnuson-Stevens Act requirements, the
recreational seasons have been progressively shorter to prevent catch
overages.
Recreational fishermen are understandably frustrated with this
unexpected trend of progressively shorter fishing seasons. We recognize
the adverse impacts of this trend on recreational fishermen and fishing
communities and we are actively working with the Gulf Council to
minimize those impacts throughout the red snapper rebuilding period
while meeting the legal requirements of the Magnuson-Stevens Act.
When possible, we make adjustments in support of Gulf fisheries. We
provided a supplemental recreational red snapper season in the fall of
2010 after the large-scale fishing closure was implemented in response
to the Deepwater Horizon event that prevented the recreational fishery
from reaching its catch limit. We also extended the length of the
recreational red snapper fishing season in 2012 after determining a
series of bad weather events likely caused fishing efforts to be lower
than expected. We continue to look for these types of opportunities to
adapt and improve our management approach to real time needs and
conditions. Supplemental seasons have also been provided in the past in
response to new scientific information, and we will work as quickly as
possible to implement the Gulf Council's new catch limit recommendation
this year.
Opportunities for Growth and Improvement
Management
Our immediate challenge is to continue to translate rebuilding
success into enhanced recreational opportunity. But doing so will also
require recreational fishermen to articulate a broad shared vision of
expectations and needs. The current lack of agreement on management
goals, how best to approach limiting catches, and the appropriate
commercial/recreational allocation has significantly stifled Gulf
Council action to address management challenges. Also, inequities
created by state jurisdictional and regulatory inconsistencies have
affected the distribution of recreational fishing opportunities and
rebuilding benefits, deeply polarizing the Gulf Council on critical
decisions needed to effectively address long-standing issues. A lasting
red snapper management strategy will require broad agreement, equitable
application and management support at both state and federal levels.
NMFS' primary goal for the recreational red snapper fishery is to
stabilize the length of the fishing season to provide for-hire
businesses and private anglers more certainty and security in planning
their operations and vacations. After several years of very rapid
growth and change, this goal is now more achievable as increases in
population abundance and fish size begin to slow and level off. The new
red snapper assessment that the Gulf Council reviewed the week of June
17 indicates that a new combined red snapper catch limit can be set at
a level that is considerably higher than combined commercial and
recreational catches before we initiated rebuilding, resulting in more
individual fishing quota for commercial fishermen and more days of
fishing for recreational anglers.
Before we reduced catch limits in 2007 to allow for rebuilding, the
recreational red snapper season lasted for more than six months.
Although the six-month season afforded recreational anglers more
fishing opportunities, overfishing persisted and the quality of fishing
suffered as a result. Now that the stock is rebuilding, the
recreational catch limit is increasing and a lengthier, more stable
fishing season may be achieved. But it is unlikely the current
management approach will support a return to a six-month fishing season
in the future. Fishery stakeholders and managers will need to work
collaboratively and agree on common goals and solutions in order to
maximize fishing opportunities and sufficiently account for scientific
and management uncertainty that are inherent in managing this dynamic
population.
Some of the region's commercial fishermen have looked to catch
shares and other new tools to stabilize their fisheries and enhance
economic opportunities. Commercial fishermen who participate in the red
snapper IFQ program directly benefit from red snapper catch limit
increases because they each receive additional pounds of red snapper
quota that can be fished and sold. A five-year review of the commercial
red snapper IFQ program recently completed by the Gulf Council and NMFS
concluded the program has increased fishery profitability and achieved
other stated goals, although there are still opportunities for
continued improvement. We are proud of our achievements in the
commercial red snapper fishery and will support Gulf Council action to
maintain and build upon those successes as we continue to explore
options for improving management of the recreational fishery.
Some recreational interests are also beginning to explore new and
innovative tools and approaches, including regional management by
states; recreational participation in the commercial IFQ program
through intersector trading; a charter vessel days-at-sea program;
separate management of the for-hire and private sectors (sector
separation); and a tag program. But many of these new approaches are
highly controversial, as they represent significant changes to the
status quo. Also, their potential benefits are limited by several
outdated and unique statutory requirements specific to Gulf of Mexico
red snapper. For example, section 407(c) of the Magnuson-Stevens Act
provides specific criteria for identifying participants in, and
weighing votes cast, in referenda conducted in the fishery based on
participation in the fishery between 1993 and 1996, restricting our
ability to conduct fair and meaningful referenda on current management
proposals. And section 407(d) of the statute requires the Gulf Council
and NMFS to establish a separate catch limit for the recreational
fishery to apply to both for-hire and private participants, and to
close that fishery in-season when we determine the catch limit has been
reached.
Finally, at the recently completed Managing Our Nation's Fisheries
III conference, considerable attention was devoted to new approaches to
limiting volatility in catch limits. For example, with appropriate
analysis and adjustment of fishery control rules, it could be possible
to safely phase-in results of new scientific assessments, rather than
immediately adjusting the catch limit to the point estimate from the
assessment.
Science and Data
While red snapper is one of the most studied species in the Gulf of
Mexico, we still have much more to learn. Great variability in the
number of fish surviving to enter the fishery each year and key
questions about the effects of numerous environmental variables, like
climate change and oil spills, on long-term productivity have made it
challenging to effectively manage the population.
We monitor commercial red snapper catches on a near real-time
basis, but the current system does not enable us to evaluate
recreational red snapper data as quickly. We monitor recreational red
snapper catches by conducting both telephone surveys of angler fishing
effort and shoreside surveys of angler catch per unit effort. The
Agency's Marine Recreational Information Program (MRIP) has recently
implemented survey design improvements that have significantly reduced
the potential for bias in survey estimators of catch. The MRIP has been
developing improved sampling and estimation methods in accordance with
recommendations provided in the National Research Council's 2006 report
``Review of Recreational Fisheries Survey Methods''. While the
improvements are yielding improved accuracy, recreational data are
primarily delivered in two-month increments and generally available to
fishery managers after an additional 45 days. This means that data
collected when the recreational fishery opens in June may not be
available until well after the season is closed. Timeliness of data
delivery has been particularly problematic for red snapper because the
population has been actively rebuilding, making it difficult to
accurately project when the fishery will reach its catch limit. This
has contributed to a number of recreational overages in recent years
and we continue to work toward improving the data collection and
delivery system.
We are also continuously working to improve the precision and
accuracy of the data used in red snapper population assessments and
recently implemented a number of improvements consistent with
recommendations of the National Research Council's 1998 report
``Improving Fish Stock Assessments'', including maintaining at least
one reliable abundance index for each stock. Maintaining long-term
surveys of fish abundance is invaluable to assessments because those
data provide an indicator of population status over time. The
importance of such time series has been driven home by recent
environmental events, including Hurricane Katrina, the oil spill in
2010, historic floods in the Mississippi River basin in 2011, and the
severe drought of 2012; all of which have influenced commercially and
recreationally important species and their habitats in the Gulf of
Mexico.
Investments are being made in new sampling technologies to improve
the efficiency and effectiveness of our scientific surveys. For
example, studies are underway to examine the use of towed camera arrays
for sampling untrawlable reef habitats that are critical for red
snapper and other commercially and recreationally important fish
stocks.
Electronic reporting regulations for commercial dealers and for
recreational headboat captains will also soon be finalized for the Gulf
of Mexico and South Atlantic areas. Support for the regulations is
strong within the fishery management councils and the industry because
it puts the data into scientists' and managers' hands more quickly.
Current Management Options
Gulf of Mexico red snapper management has always required balancing
competing demands and fishery stakeholders and managers are divided
regarding the appropriate path forward. The Gulf Council is currently
exploring the following management options:
A regional management strategy, which would enable
recreational red snapper management to vary among states, or
defined regions, to meet local needs while meeting Gulf-wide
conservation goals.
Increasing the amount of red snapper allocated to the
recreational fishery when distributing future catch limit
increases;
An inter-sector trading program, which would allow
for-hire permit holders and potentially private anglers to
trade quota with commercial red snapper fishermen to increase
the amount of fish available to the recreational fishery.
A days-at-sea program for the for-hire sector, which
would provide those participating in the program a certain
number of days to fish per year, then allow participants to
choose when to use those days.
A fish tag program, like those used for hunting,
which could limit the number of recreational fishermen that
could target red snapper, but provide those fishermen greater
flexibility in when they could fish.
At this time, the Gulf Council is primarily focused on evaluating
regional management and allocation options. During its June meeting,
the Council approved regional management options to share with the
public for comment this summer and requested additional analyses of
alternative allocation scenarios to review at its August meeting.
A regional management strategy could effectively resolve the
current challenges created by inconsistent state jurisdictions and
regulations. Some of these interstate management challenges are not
unique to the Gulf of Mexico. In fact, they are present in every region
where major fisheries span multiple state jurisdictions and have been
addressed in different regions in different ways, such as through
legislation authorizing the Atlantic States Marine Fisheries Commission
as a coordinating body on the U.S. east coast. While there are any
numbers of models that may work, each requires the collective
involvement and support of the states, and full accountability to
comply with agreed upon management strategies.
Since 1990, the Gulf Council has allocated 51 percent of the red
snapper annual catch limit to the commercial fishery and 49 percent of
the annual catch limit to the recreational fishery based on historical
landings data for each fishery during 1979-1987. However, they are now
considering reallocating some portion of future catch limit increases
to the recreational fishery to achieve a more stable fishing season and
provide recreational fishermen a greater opportunity to benefit from
rebuilding progress.
Furthermore, the Gulf Council is exploring ways to improve the
timeliness of data delivery, including how best to apply promising new
technological innovations like iSnapper, iAngler, and electronic
logbooks.
Conclusion
We have made great progress in rebuilding the Gulf of Mexico red
snapper population. There is no denying the population is in better
shape today than has been observed in many people's lifetime. But this
achievement has not come easily, nor will it be sustained without
continued attention.
This year is the first that the allowable red snapper catch limit
will exceed the combined commercial and recreational catch limit in
place before the rebuilding plan was implemented. This is a critical
time in the history of red snapper management, and we must respond with
thoughtful and disciplined planning and decision making to ensure the
fishery is able to meet the needs of both current and future
generations. We must continue the achievements we have gained in the
commercial fishery while providing greater stability and predictability
to the recreational fishery. Doing this will require fishermen, fishing
communities, and other interested parties to define a common, clear
vision for the fishery. This means grappling with difficult issues like
allocation, fully exploring all reasonable management options, and
allowing local debates about controversial approaches, such as catch
shares and sector separation.
We must not lose sight of the fact that the current management
challenges are a function of success. The red snapper population is
rebuilding and that is a good thing. Now we need to make some tough
decisions about how to best distribute the hard-earned benefits
provided by this growing population.
Currently, all Gulf Coast states have expressed some form of
support for a regional management strategy and the Gulf Council is
working to implement such a regime in the recreational fishery for the
2014 fishing year. NMFS will continue to fully support discussion and
exploration of this and any other option that has broad stakeholder
support and provide the fishery greater stability.
Gulf of Mexico fishermen and fishing communities sacrificed a great
deal to get us here. It is critical that all involved remain engaged
and work together to find a way forward in the cooperative spirit that
the regional fishery management council process promotes.
Thank you again for the opportunity to discuss Gulf of Mexico red
snapper management. I am available to answer any questions you may
have.
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The Chairman. Thank you very much, Mr. Schwaab. And we are
honored by your presence here the day before you are leaving
the agency. So thank you for being here.
Mr. Schwaab. Thank you.
The Chairman. And thank you for your time.
Next, I will recognize Mr. Kevin Anson, Vice Chairman of
the Gulf of Mexico Fishery Management Council. And you are
recognized for five minutes.
STATEMENT OF KEVIN ANSON, VICE CHAIRMAN,
GULF OF MEXICO FISHERY MANAGEMENT COUNCIL
Mr. Anson. Thank you. Good morning, Chairman Hastings and
other members of the Committee. And thank you for providing me
the opportunity to speak today. I represent the Gulf of Mexico
Fishery Management Council and serve as its Vice Chair. The
Council is responsible for managing 31 species within its reef
fish management plan. Red snapper has, for many years, received
the most attention from the Council of all the species within
this plan.
In fact, by the end of next month, two special Council
meetings will have been held just this year with red snapper as
its only topic. These special meetings were added to the
Council's meeting schedule to speed up the decision-making
process to maximize access for Gulf fishers to this
economically and culturally important resource.
The commercial fishery is managed by an individual fishing
quota system, also known as IFQ, which has provided significant
stability to this sector. However, the recreational sector is
an open-access system. And, as such, it is much harder to
maintain harvest limits within management goals.
The reauthorization of the Magnuson-Stevens Fishery
Conservation and Management Act in 2006 set the stage for
stricter management measures to rebuild over-fished stocks,
including Gulf of Mexico red snapper. However, in order to
abide by the provisions of the Act, the recreational red
snapper fishing season has been restricted over 60 percent from
2009 to current limits for 2013. This reduction has negatively
impacted coastal communities throughout the Gulf, and has led
to increasing frustration among its anglers.
In addition to restrictive management, current measures for
the entire Gulf may not provide equal benefits to coastal
communities. For instance, a single, Gulf-wide fishing season
may benefit one area of the Gulf, which may not suit the needs
of another area, due to different weather patters and tourist
seasons. In order to address these issues, an amendment to the
reef fish management plan is under consideration by the
Council, which would provide certain management authorities to
the Gulf States for the management of recreational red snapper
harvest.
This amendment, known as regional management, if passed by
the Council in its current form, and approved by the Secretary
of Commerce, will delegate to States the authority to set bag
limits, size limits, fishing season lengths, and subdivide a
State's quota allocation between private and for-hire sectors.
This action will represent the first time in the Gulf
delegation authority will have been given to the States to
manage a fishery.
It appears the Council's regional management amendment will
provide maximum flexibility to the States, short of conducting
their own stock assessments and setting the amount of allowable
harvest off their respective coasts, which will remain the
responsibility of NOAA fisheries. In addition, NOAA fisheries
will still retain the authority to close Federal waters if and
when the total Gulf allowable quota has been met, or is
projected to be met.
I was asked by the Committee to offer suggested changes to
the Act which would provide better management of red snapper in
the Gulf, and my only suggestion is to address Section 407 in
the Act. This section refers to referendum related to limited
access privilege programs. It is unclear at what point a
referendum of permit holders is required when changes are made
to an existing LAPP amendment. A Gulf Council review of the
existing red snapper IFQ program is underway, and the Council
is unclear as to what point changes to the program will trigger
a referendum vote.
That concludes my comments. Thank you again for the
opportunity to address the Committee.
[The prepared statement of Mr. Anson follows:]
Statement of Kevin Anson, Vice-Chairman,
Gulf of Mexico Fishery Management Council
Mr. Chairman and members of the Committee, thank you for inviting
me to appear before you. My name is Kevin Anson and I represent the
State of Alabama on the Gulf of Mexico Fishery Management Council (Gulf
Council). My testimony today is an attempt to address your questions
regarding the management status of red snapper in the Gulf of Mexico.
Specifically, I will focus on our proposed regional management
amendment which is intended to provide the Gulf States a stronger voice
in managing the recreational red snapper component of the fishery and
address needs for flexibility in managing our fisheries. As you are
aware, red snapper management in the Gulf has been an ongoing
challenge. Our attempts to meet the Magnuson-Stevens Fishery
Conservation and Management Act (Act) objectives for rebuilding fish
stocks and implementing annual catch limits in the red snapper fishery
have negatively impacted our commercial and recreational fishermen and
their respective communities. Management of red snapper is trapped
between two competing goals: on one hand, meeting the biological
concerns for rebuilding the stock and the speed of stock recovery,
while on the other hand, maximizing the social and economic needs of
our citizens and communities. We feel that the Act and associated
National Standards appear to place greater weight on biological
concerns, in terms of the speed of recovering overfished stocks, at the
expense of the social and economic well-being of the fishery
participants. The greatest need in Gulf red snapper management is to
provide the Council with the flexibility to determine the balance
between these goals.
1. Council actions at the June 2013 meeting affecting red snapper and
their impact on the 2013 season and future seasons.
Red snapper is one of 31 species managed under the Reef Fish
Fishery Management Plan of the Gulf of Mexico, yet at our recent June
meeting, the Gulf Council devoted most of its time to addressing red
snapper management issues. This speaks both to the importance of red
snapper, culturally and economically, in our region and our
constituents' frustrations with status quo management. We have several
plan amendments under development as we explore management options that
strive to meet the diverse needs of our fishing communities while
remaining within the parameters of the Act.
NOAA Fisheries' Status of Stocks Report to Congress currently lists
the red snapper stock as overfished, but no longer experiencing
overfishing as of November 2, 2012. The red snapper stock, like many
fisheries is managed in weight (millions of pounds). Data collected
from the recreational sector indicate the average weight of red snapper
landed throughout the Gulf has increased significantly in the past few
years. This fact should be reason for optimism among the Gulf's
anglers, however, the availability of larger red snapper means the
quota is being met earlier, resulting in ever shortening fishing
seasons. For example, in 2009 there was a 75-day recreational fishing
season, but for this year (2013) only a 28-day fishing season was
determined. Because the rebuilding process has been successful and
fishermen are observing more and larger red snapper, they have
expressed increasing frustration and dissatisfaction with how the
recreational sector is being managed. Regional management is an attempt
to provide individual regions (states) an opportunity to set the
fishing season, bag and size limits and/or create sub-sectors (e.g.
for-hire and private recreational) within the recreational sector.
Today, I will focus on two items discussed at our June 2013 meeting
and address their impacts on the current and future fishing seasons: 1)
the recently completed red snapper stock assessment and 2) a plan
amendment for regional management of recreational red snapper, to be
taken up in the next section.
The recently completed stock assessment for red snapper suggests
that the rebuilding plan is ahead of schedule and a larger red snapper
quota is warranted. Following presentation of the stock assessment
results, the Gulf Council voted to increase the overall 2013 red
snapper quota to 11.5 million pounds (mp), with 5.635 mp allocated to
the recreational sector and 5.865 mp allocated to the commercial
sector. This follows the allocation of 49% to the recreational sector
and 51% to the commercial sector that was established in 1990. This
allocation is currently being reviewed in a separate plan amendment and
could be revised, but is not part of the current action relative to the
2013 season. Final action on increasing the 2013 red snapper quotas
will be taken at a special Council meeting to be held July 2013.
Although 11.5 mp is currently the preferred alternative, a range of
quotas between 10 mp and 12.1 mp are being analyzed for consideration
at the July Council meeting.
There are two concerns with setting the 2013 quota based on the
landings history of the recreational sector. First, in the event of a
quota overrun, the Council does not want the total catch to exceed the
2013 overfishing limit of 13.7 million pounds. Given the requirements
of the Act, to do so would cause NMFS to reclassify the stock as
undergoing overfishing and force the Council to take immediate action
to end overfishing. Second, although there have been several years with
strong spawning success, the stock assessment indicated below average
spawning success in the most recent two years. As a result, the
Scientific and Statistical Committee set reductions in the acceptable
biological catch beginning in 2014 and 2015, when the fish spawned in
these poor year-classes become large enough to enter the fishery. The
Council wants to establish management stability and consistency,
especially for the recreational sector. To provide stability to the red
snapper fishery and avoid the disruptive effects of declining quotas,
the Council has requested the Science Center evaluate a strategy to
hold harvest levels at the 10 mp through 12.1 mp catch level range for
2013; and then project what the yields would be for 2014 and 2015. By
setting the 2013 quotas lower than the acceptable level, the Council
intends to avoid the need to reduce the quota in subsequent years. This
management decision is intended to provide socio-economic stability to
the red snapper fishery.
Due to the requirements involved in publishing a proposed and final
rule, the recreational quota increase will be implemented as a
supplemental season and is anticipated to open no earlier than mid-
September. Stakeholders who operate vessels in the for-hire industry
have requested the additional fishing days be made available sooner
than September to help their businesses while private recreational
anglers will likely enjoy the fall fishing season which may provide a
boost to local economies. The commercial quota increase will be
implemented as additional individual fishing quota (IFQ) allocations
issued to the IFQ shareholders.
The Council will also decide in July whether the supplemental
recreational red snapper season should be open for a continuous period
or for weekends only (Friday through Sunday). The estimate of how many
days the recreational season can remain open still needs to be
completed under each harvest scenario, but a weekends-only scenario
will result in fewer fishing days than a continuous season because of
higher fishing effort on weekends.
2. Council progress on regional management to afford more flexibility
in the existing management structure.
At the June 2013 meeting, the Gulf Council reviewed a plan
amendment for regional management of recreational red snapper. The
movement toward regional management originated from the public's
frustrations with ever shortening recreational red snapper seasons, as
described. Although a supplemental season is expected, this year's 28-
day season exemplifies the instability of recreational red snapper
management and has deepened the fishing public's frustrations with
federal fisheries management.
Regional management is intended to provide greater flexibility at
the local level in managing the recreational red snapper quota.
Regional management will allow varying regulations within identified
regions of the Gulf, in contrast to uniform regulations applied to all
federal waters. Such regionally specific regulations may be more
appropriate to the fishing preferences of local fishermen. For example,
regional regulations could accommodate various tourist seasons or rough
weather conditions, thereby optimizing fishing opportunities around the
Gulf. Whatever management options are used by the regions they still
must comply with National Standards and meet the objectives of the Act.
Given our current preferred alternatives, regional management will
employ the delegation provision of the Act, which grants a State the
authority to regulate fishing vessels outside their state waters (16
U.S.C. Sec. 1856(a)(3)). Under delegation, each Gulf State will be
assigned a portion of the total Gulf-wide recreational quota and be
authorized to establish management measures for its state, including
bag limits, minimum size limits, and season dates. It is assumed that
the States will be better able to address the needs of a majority of
their constituents, compared to Gulf-wide management. For example, if a
longer recreational fishing season is desired, a State could establish
their season given local periods of high and low fishing effort.
At the June 2013 meeting, the Gulf Council requested that public
hearings be held in each Gulf State. The Council will review public
hearing comments and make any changes to our preferred alternatives at
the August 2013 meeting. We intend to take final action on the
amendment as soon as the August meeting, with the expectation that
regional management will be implemented prior to the beginning of the
2014 recreational fishing season, which opens June 1 each year.
3. Adequacy of Council authority under the Magnuson-Stevens Act to
implement a regional management plan and suggested changes to
increase flexibility.
Regional management is essentially a form of co-management, where
the responsibilities for management will be shared between the State
and Federal levels. As a form of co-management, the success or failure
of regional management will depend on cooperation between the States
and Federal agencies. Under delegation, management at the state level
is required to remain consistent with the Act, other applicable laws,
and the red snapper rebuilding plan. Although the States will be
granted authority to set their own seasons, bag limits, and other
management measures, the consistency requirements of the delegation
provision will be interpreted by NMFS, which retains broad authority to
revoke delegated authority.
The Act (Section 407(d)) requires NMFS to prohibit the retention of
fish once the quota is met for the remainder of the year. Under the
delegated authority of regional management, each State will be granted
authority to establish management measures to constrain the
recreational harvest of red snapper to within their apportioned quota,
and have agreed to prohibit further harvest of red snapper once their
portion of the quota is met or projected to have been met.
To date, NMFS has had limited success at constraining recreational
landings at or below the quota; in five of the last six years, the
recreational sector's quota has been exceeded. If regional management
is implemented, it will be the first time the Council has used the
delegation provision for such a program, and the first time the Gulf
States will collectively manage a fishery by quotas.
Part of the difficulty in constraining recreational red snapper
landings to the quota is due to the lack of timeliness and structure
within the current data collection system, especially in combination
with the short recreational season length. Under regional management,
the Marine Recreational Information Program (MRIP) will continue to
serve as the final determination of recreational landings, for all
states except Texas. MRIP landings are calculated in two month
intervals known as waves, and are not available until 60 days following
the end of the previous wave. Although the delegation provision appears
to provide the Council with the flexibility to accomplish regional
management, cooperation with and by NMFS will be critical to its
success as the States adjust to the new management regime.
4. Suggestions for modifications to Magnuson-Stevens Act to create
better management of red snapper in the Gulf of Mexico.
Maximum flexibility remains the Council's greatest need in
management. This includes the authority to negotiate biological and
socio-economic objectives for our fisheries. Stringent biological
requirements for short rebuilding plan timeframes should not overshadow
the impacts on coastal communities. There is also need for added
flexibility to increase the minimum set asides for research, broadly.
Finally, Section 407 of the Act pertains to Gulf of Mexico red
snapper management. The elimination or extensive revision to Section
407 would contribute to improving the management of red snapper in the
Gulf of Mexico. Specifically, it should streamline referendum
requirements for the red snapper individual fishing quota (IFQ) program
and provide a consistent set of requirements for referenda across the
various IFQ programs implemented in the Gulf of Mexico. In addition,
the elimination or revision of Section 407 should afford more
flexibility in the definition of recreational red snapper quotas and
better account for regional specificities which could improve the
management of the resource. Finally, portions of Section 407 are
outdated, e.g., Section 407(b) discusses restrictions relative to the
preparation of IFQ programs for the commercial red snapper fishery and
prohibits the preparation of such programs prior to October, 1, 2002.
Should Section 407(c) be revised, Section 303A(6)(D) would need to be
amended to address those changes.
______
The Chairman. Mr. Anson, thank you very much for your
testimony.
And next I will call on Mr. Chris Blankenship, who is the
Director of the Marine Resources Division for the Alabama
Department of Conservation and Natural Resources. And, Mr.
Blankenship, you are recognized for 5 minutes.
STATEMENT OF CHRIS BLANKENSHIP, DIRECTOR, MARINE RESOURCES
DIVISION, ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES
Mr. Blankenship. Thank you, sir. Chairman Hastings, Mr.
Sablan, Committee members, thank you for the opportunity to
speak with you today. My name is Chris Blankenship, and I am
the Director of the Marine Resources Division of the Alabama
Department of Conservation and Natural Resources. On behalf of
Governor Robert Bentley and Conservation Commissioner Gunter
Guy, I am honored to speak with you today.
Red snapper management is of the utmost importance to
Alabama. Even though we have the smallest coast line, with less
than 5 percent of the total Gulf coast, we land, on average, 30
percent of the recreationally caught red snapper in the entire
Gulf. There will be others here today to testify that know much
more about the economic impacts of the fishery for Alabama, so
I will leave the specifics of that to them. But suffice it to
say that the red snapper fishery is the most important
recreational fishery to our coastal economy, and it is also the
area of the most consternation.
We have such a great red snapper fishery off of our coast,
because we have the largest artificial reef program in the
country. There have been over 17,000 reefs placed in the 1,200
square-mile reef zone managed by my division. Through
partnerships with the Orange Beach Fishing Association, the
Coastal Conservation Association, and other private businesses,
we have placed over 100 military tanks, over 1,000 pyramids,
derelict bridges and bridge spans, pipes, concrete culverts,
barges, tubs, dry docks, World War II liberty ships,
decommissioned oil rigs, and many other structures. These reefs
have built a concentration in reef fish in higher proportion
than in some other areas of the Gulf.
The City of Orange Beach is known as the Red Snapper
Capital of the World, and has the largest charter fleet in the
Gulf. But this year they and thousands of private recreational
fishermen only have access to this great fishery for 28 days.
Through 1997, the fishery was open year-round. As recently as
2007, the season was 194 days long. The season is consistently
shortened, with this year being the shortest ever, even though
the fishery has dramatically rebounded. This has severely
affected the coastal economy of coastal Alabama.
Gulf-wide single stock red snapper management is not
working for all the States. There is a need for management on
the regional or State level. Regional management can be done.
We do it now with other species like speckled trout and red
drum, as well as other State-managed species. The States each
have different management measures, commensurate with the stock
size of those species within their respective States. As an
example, Louisiana has a 25-fish limit on speckled trout, while
in Alabama we have a 10-fish limit, because we have different
stock sizes. But the system works. With management measures
tailored to the circumstances of their particular fishery, all
of the Gulf States have viable fisheries for these species. I
don't think red snapper would be any different.
Currently, the season begins June 1st of each year in all
Federal waters, and runs consecutively until the quota is
projected to be met. Under the regional management, each State
could set seasons that give the best access to the fish in that
region. Some States might like to have a spring season. Some
States, when winds or weather are more favorable, in the fall.
Some States may want a weekend-only season, or some a split
season. By allowing each State to manage their allotment of the
quota, management plans can be crafted that will allow for the
best combination of management measures for the fishermen and
the economies of the States, while at the same time continuing
to rebuild the stock.
For true regional management, the States and regions will
need the authority to fully manage the fishery. This includes
all aspects of management, the most important of which will be
conducting our own stock assessments by region, and using that
information to set seasons and management measures.
Due to the large number of reefs off the coast of Alabama,
we have a high concentration of red snapper. We do not feel the
increased habitat that has been created, and the corresponding
increase in fish is being currently captured correctly in the
Gulf-wide stock assessment. We are doing a good job of
monitoring the stock of other State-managed fish, and we feel
we could do the same with red snapper. This is an area that I
feel would need to be addressed in the MSA reauthorization.
From my understanding, the MSA does not currently allow for
regional stock assessments such as this.
I have a couple of other things I would like to touch on in
my remaining few seconds. All of the Gulf States need
consistent water boundaries for fisheries management.
Currently, the States of Texas and Florida have 9 miles, while
the States of Alabama, Mississippi, and Louisiana have 3 miles.
This is confusing to the public, and does not give a level
playing field with the management of fisheries.
Removal of oil rigs with explosives have killed thousands
of red snapper that we are working so desperately to rebuild
and manage. I realize that the change was made yesterday, a
policy change by the Bureau of Safety and Environmental
Enforcement, and we appreciate that. But mechanical removal of
the rigs instead of using explosives, and placing more of these
structures as artificial reefs, will continue to assist in
rebuilding this important stock.
Thank you so much for your time today, and I would be happy
to answer any questions.
[The prepared statement of Mr. Blankenship follows:]
Statement of Christopher Blankenship, Director of Marine Resources,
Alabama Department of Conservation and Natural Resources
Mr. Chairman and members of the Committee, thank you for the
opportunity to appear before you today to testify on the extremely
important subject of red snapper management. I am Chris Blankenship and
I am the Director of the Marine Resources Division of the Alabama
Department of Conservation and Natural Resources. Under Alabama Law,
the Alabama Department of Conservation and Natural Resources (ADCNR)
has full jurisdiction and control of all seafoods existing or living in
the waters of Alabama and it shall ordain, promulgate and enforce all
rules, regulations and orders deemed by it to be necessary for the
protection, propagation or conservation of the same. The Marine
Resources Division (MRD) is responsible for managing the fisheries in
the Coastal waters of Alabama and advising the Commissioner of
Conservation relative to saltwater fisheries and seafoods.
I am so honored to appear before you today because for the State of
Alabama, the red snapper fishery is the most important recreational
fishery in the Gulf of Mexico. It has also become the most contentious
fishery. Prior to 1997, the red snapper fishery was open 365 days a
year with very liberal creel and size limits or no limits at all. The
red snapper fishery was being overfished and additional management
measures were put in place to protect the stock. In 1997, the season
was shortened to 330 days with progressively shorter seasons in 1998
and 1999 when the season length was 240 days. During the years of 2000
through 2007, the season was stable at 194 days. In 2008, the
recreational season really began to be curtailed when the season was
shortened to 65 days. In 2012, the season was 45 days long and for the
current year, the season was initially set at an astounding 28 days. I
am happy to report that the red snapper fishery is no longer considered
to be undergoing overfishing, although it is officially still
overfished. The continued reduction and fluctuation of fishing seasons
has placed a real hardship on the recreational and charter fishermen of
the State of Alabama and other Gulf States.
Alabama has a relatively small coastline compared to the other Gulf
States. Even though the coastline of Alabama only makes up less than 5%
of the total Gulf coastline, we land on average 30% of the
recreationally caught red snapper in the Gulf of Mexico. The City of
Orange Beach is known as, ``The Red Snapper Capitol of the World.'' The
charter and for-hire fleet in Orange Beach contains over 200 vessels.
This is the largest homeport for charter and for-hire vessels in the
entire Gulf of Mexico. The people of the coastal areas of Alabama and
particularly the people of the cities of Orange Beach, Gulf Shores and
Dauphin Island are proud of the outstanding red snapper fishery we have
in the federal waters adjacent to Alabama. You might wonder how a state
with such a small coastline could land that many red snapper. The State
of Alabama has built this premier red snapper fishery through the
creation of manmade artificial reefs.
Artificial Reefs
Alabama has the largest artificial reef program in the United
States. Red snapper, as well as other reef fish, need structure to
thrive. The water bottoms off the coast of Alabama are relatively flat
with very little relief. Until the last 50 years, the only places that
red snapper were caught off our coast were on the very few natural
reefs and outcroppings in the Gulf. Beginning in the 1950's, the
Alabama Marine Resources Division began placing material in the waters
offshore to create habitat for reef fish. The initial placements were
so successful that in the 1970's Alabama worked with the Corps of
Engineers to create the Alabama Artificial Reef Zone. This 1,200 square
mile area in federal waters adjacent to Alabama is managed by the
Marine Resources Division. Over the past 40 plus years, there have been
over 17,000 reefs placed in the reef zone. These reefs include over 100
decommissioned military tanks, concrete bridge rubble and metal bridge
spans, over 1,000 ten-foot tall concrete pyramids, many barges, ships,
tugs, airplanes, dry docks, oil and gas rigs, concrete culverts, and
pipes. There have also been several thousand reefs placed by private
companies and individuals that met reef construction protocols and were
permitted by the Marine Resources Division. This habitat creation has
caused the population of red snapper to increase substantially off the
coast of Alabama.
I would like for my Division to take full credit for the success of
the Alabama Artificial Reef Program, but I cannot. Although the program
is managed by MRD and the State of Alabama has invested millions of
dollars in reef construction, the level of success we have seen would
not have been possible without the partnerships we have participated in
with the charter industry, recreational fishing organizations and
private industry. The Orange Beach Fishing Association has been
instrumental in partnering with us to fund reef construction. Through
the Red Snapper World Championship Fishing Tournament, hundreds of
thousands of dollars were raised to build reefs. The Alabama Road
Builders Association and the oil and gas industry saw the great fishery
we were building in Alabama and provided material and funds to
construct reefs. The Coastal Conservation Association has been a
valuable addition to recent participation in reef building activities
both in State waters and in adjacent federal waters. The most recent
partnership has been the creation of the Alabama Gulf Coast Reef and
Restoration Foundation. This group was formed to bring together state,
county and local governments as well as coastal chambers of commerce,
coastal businesses and fishing interests to continue to fund reef
building.
The millions of dollars that have been invested in artificial reefs
and the foresight of so many people has created this great red snapper
fishery, but these same people are only able to have access to this
fishery for a few days out of the year due to current stringent fishing
seasons.
Regional Management of Red Snapper
The Gulf of Mexico Fisheries Management Council and the National
Marine Fisheries Service are currently tasked with the management of
red snapper. Currently, the red snapper stock is managed as a single
stock in the Gulf of Mexico with an overall Gulf-wide quota. The
overall quota is divided between the recreational sector, with 49% of
the quota and the commercial sector, with 51% of the total quota. Once
the recreational quota is met, or is projected to be met, the
recreational red snapper fishery in the Exclusive Economic Zone of the
Gulf of Mexico must close. The commercial sector is managed under an
Individual Fishing Quota program (IFQ). The IFQ program has been very
successful at constraining the commercial catch under their allotted
quota each year. However, the recreational sector has exceeded its
portion of the quota in 9 of the past 17 years.
As previously stated, currently the red snapper stock in the Gulf
of Mexico is managed as a single unit. This single unit management
includes both fish caught in state waters as well as fish caught in
federal waters. All of the Gulf States do not have the same area of
state waters. Texas and Florida have nine miles of state waters while
the states of Alabama, Mississippi and Louisiana only have three miles.
Some of the states have red snapper seasons in state waters that differ
from the federal red snapper season, which is within their sovereign
rights. The issue for a state like Alabama is that the fish caught
during these state seasons is deducted from the overall Gulf-wide quota
which shortens the seasons in federal waters off the coast of Alabama.
The State of Alabama does not have many reefs within three miles of the
shore and therefore there is not a sufficient red snapper population in
state waters to have a season outside of the federal season. Until this
year, all of the reefs we have constructed in the Gulf of Mexico are
outside the state three mile territorial waters.
The large decrease in the recreational season length coupled with
the inequality of state water area and inconsistent red snapper seasons
by some states has many people looking for solutions. One of those
possible solutions is regional management of red snapper and other reef
fish. There are still many aspects of regional management that are
under discussion but one thing is clear, the current Gulf-wide, single
stock management system has not satisfactorily served the fishermen of
the Gulf of Mexico or the resource.
As currently proposed by many states, regional management would
divide the Gulf into five regions corresponding to the five Gulf State
boundaries. Each state would be allocated a portion of the recreational
red snapper quota. This allocation would be determined using prior
landing history and other factors to establish a fair distribution of
allocation. Once a state receives its allocation of the total quota,
the state could enact management measures that would best fit the needs
of the region. This flexibility would assist in lengthening the season
for most states but the biggest benefit would be in tailoring seasons
and management measures that would optimize the socio-economic needs of
each region. Currently, the red snapper season begins on June 1 of each
year and runs consecutively until the quota is projected to be met.
There are some states that, due to tourism, weather patterns, or other
factors, would prefer a season at a different time other than June each
year. For example, some states might want a season in April or May,
some would like a weekend only season, some would like a fall season
while some would like to have a split season. Regional management would
allow each region to set seasons that would provide the greatest
benefit to the fishermen and coastal economies within their state while
still protecting the red snapper stock.
Regional management and quota allocation would also solve the
problem of different state water areas and incompatible regulations.
Each region would be allotted a certain amount of pounds to manage. It
would not matter if the fish were caught in state waters or federal
waters; it would still be counted toward that one regions allocation
without adversely affecting another region. Regions could also use
other measures to better manage the fishery in their region including
setting different bag limits or size limits or assigning different
sectors a portion of the regional quota.
There has been a consensus in Alabama from the charter fishermen
and many recreational fishermen that for the opportunity to pursue
regional management they would be willing to take a more active role in
reporting of their catch. That would greatly increase the accuracy of
data collection and will assist in better management of the fishery.
The charter fleet in Alabama has proposed 100% electronic trip
reporting to ensure compliance and to assist in quota monitoring. As
the Director of the Marine Resources Division, I am concerned about the
cost of additional data collection. The funds received from NMFS in the
last several years for data collection for federal fisheries have been
drastically reduced. For regional management, or continued federal
management, adequate funding for data collection is imperative.
Regional Management and the Magnuson-Stevens Fishery Conservation Act
The proposed concept of regional management is a step in the right
direction. The flexibility to set seasons and other management measures
by region will go a long way to providing tailored management that best
suits the socio-economic and fishery management needs of the region.
However, not all regions have the same habitat and therefore not all
regions have the same stock characteristics. As previously stated,
Alabama has the largest artificial reef program in the United States.
We have over 17,000 reefs that have been placed in our reef zones. This
large amount of habitat has produced a large amount of fish. Not all
states or regions have this large concentration and population of red
snapper and other reef fish. Currently, the red snapper stock is
assessed and managed as a single unit. For true regional management,
each region needs the ability to conduct a stock assessment for the
fishery with in its region and then manage that stock independent of
the other regions. The current Magnuson-Stevens Fishery Conservation
and Management Act (MSA) does not allow this type of true regional
management.
Magnuson-Stevens Reauthorization
The initial passage of the MSA and the subsequent reauthorization
were very important steps in the history of our nation's fisheries. The
MSA has brought several fisheries back from the brink of elimination.
There are, however, some portions of the MSA that limit the ability of
the Councils to manage the fishery and the participants.
The MSA restricts the Council's ability to deviate from the
biological recommendations of the Science and Statistical Committee,
even if these recommendations contain substantial uncertainty. This
lack of flexibility leads to the inability to balance the needs for the
stock with the needs of those in the fishery. Stocks can be rebuilt in
several ways. The current MSA puts greater importance on the biology of
the stock (National Standard 1) at the expense of the community and
fishermen's concerns (National Standard 8). Flexibility is needed to
allow the Councils to balance these two very important factors in
setting rebuilding or management measures.
Thank you again for the opportunity to participate in this most
worthy discussion. The red snapper fishery is of utmost importance to
the people and the coastal economy of the State of Alabama. If I can
ever assist in any way, please feel free to contact me.
______
The Chairman. Thank you, Mr. Blankenship, for your
testimony.
Next I will recognize Ms. Jessica McCawley, Director,
Division of Marine Fisheries Management, Florida Fish and
Wildlife Conservation Commission. And you are recognized for
five minutes.
STATEMENT OF JESSICA McCAWLEY, DIRECTOR, DIVISION OF MARINE
FISHERIES MANAGEMENT, FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION
Ms. McCawley. Thank you, Chairman Hastings and members of
the House Natural Resources Committee. My name is Jessica
McCawley, and I am the Director of the Division of Marine
Fisheries Management at the Florida Fish and Wildlife
Conservation Commission. The Florida Fish and Wildlife
Conservation Commission, which I will refer to as the FWC, is
responsible for managing fish and wildlife resources for the
State of Florida. Thank you for the invitation to provide
testimony at this important oversight hearing examining the
management of red snapper in the Gulf of Mexico under the
Magnuson-Stevens Act.
As a State that is rich in natural resources, and is
dedicated to balancing fish and wildlife conservation,
recreational and commercial fulfillment, and economic growth,
and understands the relationship of each, the State of Florida
is pleased to have two members of its delegation, U.S.
Representative Steve Southerland and Joe Garcia, serving on
this important Committee.
Red snapper supports the most important recreational and
commercial fin fish fishery in the Northern Gulf. Despite the
progress that has been made in rebuilding red snapper, the
recreational fishery has faced increasing uncertainty in recent
years. Since 2007, the recreational quota has been raised by
nearly 1 million pounds, yet the season has diminished to just
28 days.
As the fishery rebuilds, red snapper are getting larger,
more abundant, and easier to catch, causing the quota to be
caught faster, and the season to get shorter. Without a
benchmark stock assessment based on the most recent data, the
management system could not adequately respond to the stock
improvement seen by fishermen. These ever-shortening seasons
have created uncertain challenging times for captains,
fishermen, coastal communities like Destin and Panama City,
which depend on charter trips and vacationing families staying
in hotels and eating in local restaurants. If lost, the fishing
heritage of these types of coastal communities is not something
that can be easily rebuilt.
Private anglers, for-hire captains, and fishery managers
have struggled to find solutions that will provide longer and
predictable fishing seasons, while continuing to rebuild the
fishery. Fortunately, the most recent stock assessment
completed in May of this year provided a better outlook for the
future. Although the stock has been found to be below
sustainable levels, it seems to be rebuilding at a surprisingly
high rate, and able to support substantial increases in catch
levels for the next few years. This should help provide
stability over the short term, and bring much-needed reduction
in management uncertainty.
The Council's plan for regional management of the
recreational red snapper fishery is another step in the right
direction. The regional management system would delegate some
authority over the recreational fishery to the Gulf States to
better account for biological, social, and economic differences
among the Gulf States' red snapper fisheries. The FWC is
willing to accept delegation of regional management, and is
eager to set recreational regulations for red snapper harvested
and landed in Florida.
The FWC recognizes that there are still significant
unknowns and challenges involved in regional management, and is
concerned about how the Gulf-wide recreational quota will be
apportioned among the States, and how often these State quota
allocations will be revisited. Despite these challenges, the
FWC feels that the potential social and economic benefits and
regulatory flexibility of regional management outweigh the
potential downfalls.
The Council can implement a regional management system
under the current Magnuson-Stevens Act provisions, but there
are likely some adjustments that could make the process easier.
While the system of annual catch limits and fishing levels
required by the Magnuson-Stevens Act work well for commercial
fisheries, they can complicate management of recreational
fisheries, because harvest estimates under the MRIP program are
less precise and quota monitoring does not occur in real time.
Essential to improving management of red snapper in the
Gulf is the recognition that commercial and recreational
fisheries are fundamentally different activities, with
dissimilar harvest data collection systems that require
different management approaches. Management of the commercial
sector seems to be headed in the right direction, with a system
that provides better accountability and allows for timely in-
season quota monitoring. The recreational fishery, on the other
hand, represents a prime example of where fisheries management
has failed. Even though methodologies to estimate recreational
harvests have improved since the last Magnuson-Stevens
reauthorization, recreational anglers continue to be penalized
as the red snapper stock biomass increases.
Needless to say, this failure is having a devastating and
unnecessary impact on recreational anglers and coastal
economies. It is time for State and Federal agencies, as well
as the Gulf Council, to fully recognize the inherent
differences between the fishery sectors, and start focusing on
developing innovative data collection and management approaches
for the red snapper recreational fishery.
In conclusion, the State of Florida looks forward to
changes in the Magnuson-Stevens Act that recognize the
difference between recreational and commercial fisheries and
how they should be managed.
Chairman Hastings and members of the Committee on Natural
Resources, this concludes my testimony. Thank you again for
this opportunity to provide Florida's perspective. I will be
happy to answer any questions.
[The prepared statement of Ms. McCawley follows:]
Statement of Jessica McCawley, Director, Division of Marine Fisheries
Management, Florida Fish and Wildlife Conservation Commission (FWC)
Chairman Hastings, Ranking Member Markey, and members of the
Committee on Natural Resources of the United States House of
Representatives, my name is Jessica McCawley, and I am the Director of
the Division of Marine Fisheries Management at the Florida Fish and
Wildlife Conservation Commission. Thank you for the invitation to
provide testimony at this important oversight hearing examining ``The
Management of Red Snapper in the Gulf of Mexico under the Magnuson-
Stevens Fishery Conservation and Management Act.'' As a state that is
rich in natural resources and is dedicated to balancing fish and
wildlife conservation, recreational and commercial fulfillment, and
economic growth, and understands the relationship of each, the State of
Florida is pleased to have two members of its delegation--U.S.
Representatives Steve Southerland and Joe Garcia--serving on this
important committee.
The Florida Fish and Wildlife Conservation Commission (Commission)
is responsible for managing fish and wildlife resources for the State
of Florida. The Florida Constitution authorizes the Commission to enact
regulations regarding the State's fish and wildlife resources. This is
done by seven Commissioners who are appointed by the Governor and
confirmed by the Florida Senate. The agency's mission is managing fish
and wildlife resources for their long-term well-being and the benefit
of people.
Background
Red snapper supports the most important recreational and commercial
finfish fishery in the northern Gulf of Mexico. After a long history of
overfishing, the most recent stock assessment indicates the fishery is
rebuilding ahead of schedule within a rebuilding plan that was
originally scheduled to end in 2032. Starting in the 1990s, fishing
industries associated with the red snapper fishery experienced unstable
conditions. Prior to 2006, the commercial fishery was restricted to
week-long seasons occurring only a few months of the year. The Gulf of
Mexico red snapper Individual Fishing Quota (IFQ) program was
implemented to address this situation. Under this program commercial
fishers have the flexibility to fish year-round for red snapper and are
more accountable for their landings due to close monitoring of the
fishery and its quota. Although there are still some management issues
and controversy surrounding this type of management tool, it has helped
establish a good measure of stability in the commercial red snapper
fishery.
In contrast, the recreational fishery has faced increasing
uncertainty in recent years. In 2007, the recreational harvest season
was 194 days in the Gulf of Mexico. Since that time, the recreational
quota has been raised by nearly 1 million pounds, yet the recreational
season has diminished to just 28 days. As the fishery rebuilds, red
snapper are getting larger, more abundant and easier to catch, causing
the recreational quota to be caught faster, and the season to get
shorter. As seasons get shorter and shorter, ``derby'' conditions have
developed as anglers harvest red snapper over a shortened window of
opportunity. At 28 days, the recreational season is now the shortest it
has ever been, despite substantial improvements in the red snapper
stock. These ever shortening seasons have created uncertain,
challenging times for captains in the for-hire industry and for private
recreational fishermen. These challenges are not felt by captains and
fishermen alone. The coastal communities along the Gulf coast are also
deeply affected by the short seasons. In Florida, communities like
Destin and Panama City, which depend on charter trips and vacationing
families staying in hotels and eating in local restaurants, have
suffered. If lost, the fishing heritage of these types of coastal
communities is not something that can be easily rebuilt.
Change is on the Horizon
During the past few years, one of the issues that has greatly
contributed to the uncertainty and lack of public trust in the
management system was the counterintuitive outcome of the 2009 red
snapper stock assessment. Because that assessment was not a benchmark
stock assessment and conducted with data only through 2008, it was
perceived as outdated and not representative of the true stock
condition fishers were seeing out on the water. Fishers were seeing
more fish and bigger fish on the water, but without an updated
benchmark stock assessment based on the most recent data, the
management system could not adequately respond to these improvements in
stock condition.
As a result, private anglers, for-hire captains, and fishery
managers have struggled to find solutions that will provide longer and
predictable fishing seasons for the recreational sector, while
continuing to rebuild the fishery. At the Gulf of Mexico Fisheries
Management Council (Gulf Council), red snapper reallocation from the
commercial sector to the recreational sector has been proposed as a way
to prevent further decreases in the recreational season length. Some
suggest that inter-sector trading, in which recreational harvesters
purchase or lease IFQ shares from the commercial fishery, is a way to
increase opportunities for recreational harvesters without taking away
from the commercial sector. Some for-hire captains have suggested
sector separation, in which the recreational quota is divided among
private recreational anglers and for-hire vessels, and ``Days at Sea''
pilot programs that would provide for-hire captains with a set number
of fishing days or pounds of fish that could be harvested anytime
during the fishing year. Meanwhile, some of the Gulf states have set
recreational red snapper seasons in their state waters that are
inconsistent with the 28-day federal season in an effort to provide
more fishing opportunities for their anglers. The Commission set a 44-
day season (just two days shorter than the 2012 federal season) in
Florida state waters after learning that the 2013 federal stock
assessment would likely show red snapper populations are doing better
than previously thought and hearing reports from anglers that the
fishery is improving. Some states also have sought to extend their
geographical management authority further into federal waters. While
many of these alternative management strategies and actions are
controversial, they all have the same ultimate goal of increasing
stability in an uncertain fishery. The Commission does not support all
of these strategies, but does support helping fishermen find solutions.
Fortunately, the most recent stock assessment, completed in May
2013 through the Southeast Data, Assessment, and Review (SEDAR) process
provided a better outlook for the future. Although the stock was still
found to be below sustainable levels (i.e., overfished), it seems to be
rebuilding at a surprisingly high rate. Thanks to a few strong year-
classes, the fishery will be capable of supporting substantial
increases in catch levels for the next few years. Accordingly, the Gulf
Council is now in the process of adjusting catch level recommendations
towards a more stable, constant catch management strategy for 2013
through 2015. This will certainly support larger quotas for the
commercial sector as well as an expansion of the red snapper
recreational fishing season. In addition to these positive stock
assessment results, the State of Florida believes shifting to a
constant catch approach will provide stability over the short term for
both recreational and commercial fishermen, and bring much-needed
reduction in management uncertainty over the next few years. Finally,
another recent development that is a step in the right direction for
decreasing uncertainty is regional management of the recreational red
snapper fishery.
Regional Management of Red Snapper
Gulf Council's Proposal--Reef Fish Amendment 39
The Gulf Council is developing a regional management system for red
snapper that would delegate some management authority over the
recreational fishery to the Gulf states to better account for
biological, social, and economic differences among the Gulf states' red
snapper fisheries. Regional management would give states flexibility in
setting management measures such as harvest seasons, bag limits, and
size limits for red snapper landed in federal waters off of their
state. Each state would consider stakeholder input and choose what is
best for their anglers and for-hire fleet by selecting seasons that
occur when fishermen want them. The Commission is willing to accept
delegation of regional management and is eager to set the recreational
harvest season for red snapper harvested off of and landed in Florida.
Having the flexibility to set fishing seasons that account for the
desires of the fishing community develops trust in the management
process and shows fishermen that their voices are being heard.
The Commission recognizes that there are still significant unknowns
and challenges involved in regional management. Many important details
need to be developed including how the Gulf recreational red snapper
quota will be apportioned among the states, timelines and procedures
for states' regional management plan development and approval,
accountability measures, and coordination of quota monitoring between
the states and NOAA Fisheries Service.
If regional management is approved, each state would be responsible
for tracking its quota to ensure that its allocation is not exceeded.
One of the biggest challenges of regional management for Florida will
be projecting the length of the recreational season and monitoring
recreational harvest. Initially, Florida would calculate its season
length using the existing Marine Recreational Information Program
(MRIP) survey data and models, similar to models currently used by NOAA
Fisheries Service to predict red snapper season lengths. Florida,
however, would like to improve and enhance data collection and decrease
uncertainty in recreational harvest estimates. One method that has been
suggested to improve data collection in Florida is a permit system for
anglers landing and possessing reef fish, similar to Louisiana's
Recreational Offshore Landing Permit. Such a system could allow for
more timely catch data that could be used to monitor the red snapper
quota in Florida during the fishing season. The State's large
coastline, number of fishing ports, and large number of recreational
anglers, though, present unique challenges to collecting more accurate
and timely recreational harvest data in a cost-effective manner.
Another challenge is that any method used to track harvest would need
to be compatible with MRIP to compare landings data across states and
track the Gulf-wide annual catch limit.
The Commission is also concerned about how the Gulf-wide
recreational quota will be apportioned among the states and how often
these state quota allocations will be revisited. As the red snapper
stock has improved, Florida anglers have caught a larger percentage of
recreationally-caught red snapper in the Gulf. Between 2006 and 2012,
Florida anglers harvested approximately 50% of the Gulf-wide
recreational red snapper harvest. This is primarily due to two reasons:
1) the expansion and rapid growth of the red snapper stock off the West
Florida shelf; and 2) the increasing number of anglers and recreational
fishing days based in Florida.
In Florida, the red snapper fishery is concentrated in the
Panhandle, but is expanding south along the west coast of Florida as
the stock rebuilds. Red snapper are now commonly seen where they have
not been seen in decades, in unprecedented numbers. For example, red
snapper are now a common occurrence in federal waters off Tampa Bay and
are becoming more common in federal waters off southwest Florida. Data
indicate that the red snapper stock will continue to expand south along
the West Florida shelf and become more plentiful off Florida's west
coast. Red snapper is already the most commonly caught species on
recreational trips in federal waters off Florida's Gulf coast, and will
likely continue to be. Florida has more saltwater anglers than any
other state and the number of saltwater anglers fishing in Florida
increased by 20% between 2006 and 2011 (2011 U.S. Fish and Wildlife
Survey, as compiled by Southwick). With more anglers and more available
fish, Florida would expect to catch a larger portion of the
recreational red snapper harvest in future years under status quo
management.
Thus, the State of Florida is very concerned about the timeline and
procedures for revisiting state recreational red snapper allocations,
should regional management take effect. A method to determine how quota
could be redistributed among the Gulf states still needs to be
determined, since landings in each state should be consistent from year
to year, and not reflect the changes in the fishery. The Commission has
noted that they would like this percentage revisited as frequently as
possible, but at least every three years.
Despite these challenges, the Commission feels that the potential
social and economic benefits of regional management outweigh the
potential downfalls, and that regional management can provide needed
regulatory flexibility.
How Should the Magnuson-Stevens Act be Modified for Regional Management
and to Better Manage the Gulf of Mexico Red Snapper Fishery?
The Gulf Council can implement a regional management system under
the current Magnuson-Stevens Act provisions, but there are likely some
adjustments that could make the process easier. While the system of
annual catch limits and fishing levels required by the Magnuson-Stevens
Act work well for commercial fisheries in which harvests are closely
monitored, they can complicate management of recreational fisheries,
such as red snapper, because harvest estimates under the MRIP program
are less precise and quota monitoring does not occur in real time. As a
result, recreational management measures implemented pursuant to the
Magnuson-Stevens Act often lack flexibility and can have devastating
socioeconomic impacts. Because annual catch limits and fishing levels
for the recreational red snapper fishery will continue to be set by the
Gulf Council and monitored by NOAA Fisheries Service under regional
management, these issues will continue to be a concern. The regional
management approach that is being considered by the Gulf Council is
unique. It is possible that issues with the Magnuson-Stevens Act will
arise as the states and Gulf Council move forward with delegation;
thus, additional adjustments may be needed in the future. Clarity as to
how National Standards apply to the states may be needed, especially in
setting management measures that will differ by state. For example,
National Standard 4 states that management measures shall not
discriminate between residents of different states.
One way the Magnuson-Stevens Act should be modified to create an
improved system for the management of red snapper in the Gulf of Mexico
is to delete 16 U.S.C. 1883 (MSA Sec. 407--Gulf of Mexico Red Snapper
Research). This section established an opportunity for peer review of
the red snapper fishery, regulations for establishing a red snapper IFQ
program, requirements for conducting and voting in fishery referendums,
and catch limits. This language is outdated, as general regulations for
establishing limited access privilege programs such as IFQs are
outlined in 16 U.S.C. 1853a.
Essential to improving management of red snapper in the Gulf of
Mexico is the recognition that commercial and recreational fisheries
are fundamentally different activities, with dissimilar harvest data
collection systems that require different management approaches. By all
accounts, management of the commercial sector seems to be headed in the
right direction with a system that provides better accountability and
allows for timely in-season quota monitoring. The recreational fishery,
on the other hand, seems to represent a prime example of where
fisheries management has failed. Even though methodologies to estimate
recreational harvest have improved since the last Magnuson-Stevens Act
reauthorization, recreational anglers continue to be penalized as the
red snapper stock biomass increases. Needless to say, this failure is
having a devastating and unnecessary impact on recreational anglers and
coastal economies. It is time for state and federal agencies, as well
as the Gulf Council, to fully recognize the inherent differences
between the fishery sectors and start focusing on developing innovative
data collection and management approaches that will result in
successful management of the red snapper recreational fishery.
Discussions from June 2013 Gulf Council meeting
Last week at the June Gulf Council meeting, the Gulf Council
received a report on the latest red snapper stock assessment and
discussed the possibility of raising the 2013 recreational and
commercial quotas for red snapper. As previously mentioned, the
assessment confirms what fishermen have been observing--the stock is
rebuilding, and at a faster rate than anticipated in the previous
assessment. The Gulf Council has planned a special meeting on July 17
in New Orleans to increase the 2013 quota and provide for a
supplemental recreational season in late summer or fall, so that the
recreational sector can take advantage of this quota increase. Many
fishermen felt frustrated that this quota increase could not be applied
immediately so that the current federal season, which ends this Friday,
June 28, could be extended.
In Conclusion
The red snapper population Gulf-wide is improving. The rebuilding
plan is ahead of schedule. With innovative data collection and regional
management, including timely allocation reviews, accountability, and
coordination with NOAA Fisheries Service, the recreational management
program for red snapper may be turning the corner toward a brighter
future. However, as the Gulf Council works through regional management,
we may find that the Magnuson-Stevens Act may need modifications. The
State of Florida looks forward to changes in the Magnuson-Stevens Act
that recognize the differences between recreational and commercial
fisheries and how they should be managed.
Chairman Hastings, Ranking Member Markey, and members of the
Committee on Natural Resources, this concludes my testimony. Thank you
again for this opportunity to provide Florida's perspective. I would be
happy to answer any questions.
______
The Chairman. Thank you very much, Ms. McCawley, for your
testimony.
Now I will recognize Mr. Randy Pausina, who is Assistant
Secretary, Office of Fisheries of the Louisiana Department of
Wildlife and Fisheries. And, Mr. Pausina, you are recognized
for 5 minutes.
STATEMENT OF RANDY PAUSINA, ASSISTANT SECRETARY, OFFICE OF
FISHERIES, LOUISIANA DEPARTMENT OF WILDLIFE AND FISHERIES
Mr. Pausina. OK, thank you, Mr. Chairman, for the
opportunity to speak on behalf of Louisiana's fishing
community, to present our opinion on the management of red
snapper in the Gulf of Mexico under the Magnuson-Stevens
Fishery Conservation and Management Act.
As stated in your letter, red snapper management in the
Gulf of Mexico has been a contentious issue for several years
now, specifically targeting Louisiana's recreational angling
community. Louisiana is well known as one of the Nation's
premier fishing locations, and also depends on its abundant
seafood resource year-round to maintain its economic viability
of its coastal communities.
Red snapper is a highly prized and sought after by both
resident and non-resident recreational anglers. Over the past
20 years, the recreational fishery has seen red snapper seasons
go from 365 days per year per season to a mere 28 days in 2013.
We recognize the need and see it as our job to properly
manage the red snapper resource and restore populations that
are over-fished. But in doing so, we must also minimize the
impact on anglers and associated fishing industries. Based on
sound science and input from the recreational fishing
communities, dissatisfaction with Federal management, the
Louisiana Department of Wildlife and Fisheries petitioned the
Louisiana Legislature in 2012 to pass House Concurrent
Resolution 10, encouraging the National Marine Fisheries
Service and the Gulf Council to approve a weekend-only
fisheries management season for Louisiana.
Realizing no action in this regard was being taken by the
Gulf Council or the National Marine Fisheries Service,
Louisiana Wildlife and Fisheries Commission passed a notice of
intent in June of 2012 that established a weekend-only red
snapper season in Louisiana territorial waters, beginning the
Saturday before Palm Sunday through September 30th. The intent
of this season was to provide anglers a wider timeframe to fish
by extending the season and to restore economic viability to
its coastal communities.
Pressure from the recreational fishing community and
legislative intent prompted the Secretary of Louisiana
Department of Wildlife and Fisheries to declare fisheries
management authority out to 9 nautical miles. As you know,
congressional actions transferring management authority over
red snapper and providing States with management authority out
to 200 miles are currently being considered.
In our opinion, the management of recreational fisheries,
particularly red snapper, cannot continue to take a one-shoe-
fits-all for the Gulf States. The reason the Gulf Council
chooses consistent inflexible management measures is that it is
simply easy to implement. It is time that the Gulf Council
moves past the easy approach and starts to consider flexible
management measures to continue to rebuild the red snapper
stock, while considering the needs of individual coastal States
and the economic viability of coastal communities.
With these considerations in mind, Louisiana went before
the Gulf Council in April of 2012 to advocate a regional
management system. We have referred to the approach as regional
management, where management of the red snapper fishery would
be delegated to each Gulf State or region.
Responsibility of the red snapper resource would remain the
charge and authority of the National Marine Fisheries Service
and the Gulf Council. Delegating authority to these States
would provide flexibility to decide when, where, and how red
snapper will be harvested. Each State's fisheries management
agency is more receptive and responsive to the wants and needs
of its own constituents than a Federal agency who has broader
goals. This is very evident in the existing controversy over
red snapper management, where the States of Louisiana, Texas,
and Florida have taken immediate action to satisfy the will of
their constituents.
One might raise a concern as to the capability of the
States to take on responsibility of managing and controlling
the recreational red snapper fishery. I can only speak for
Louisiana by saying that we will and have already devoted
substantial resources toward gathering the best, most relevant
data to properly manage the red snapper resource. We have
established a recreational quota monitoring survey designed to
provide real-time, in-season red snapper landing estimates in
Louisiana. The survey was put in place this year to provide
accurate information on Louisiana red snapper landings. The new
real-time monitoring conducted by the Department has already
benefitted Louisiana fishermen by increasing Louisiana's 2013
Federal red snapper season from 9 to the current season of 28
days.
Without Louisiana's quota monitoring survey, we are
dependent on the National Marine Fisheries Service's Marine
Recreational Information Program, MRIP. MRIP was not designed
to quota monitor, so it does not provide timely landings needed
to avoid harvest overruns, as evidenced by the 19 to 89 percent
recreational red snapper overruns in the Gulf of Mexico in the
past 6 years.
In closing, I would like to reiterate that fisheries
management must evolve and provide more flexibility in order to
earn the confidence of the anglers and the industry. We believe
the answer is regional management. Thank you.
[The prepared statement of Mr. Pausina follows:]
Statement of Randy Pausina, Assistant Secretary, Office of Fisheries,
Louisiana Department of Wildlife and Fisheries
Thank you Mr. Chairman for the opportunity to speak on behalf of
Louisiana's fishing community before the U.S. House of Representatives'
Committee on Natural Resources to present our opinion on the management
of red snapper in the Gulf of Mexico under the Magnuson-Stevens Fishery
Conservation and Management Act. As stated in your letter, red snapper
management in the Gulf of Mexico has been a contentious issue for
several years now, specifically targeting Louisiana's recreational
angling community. Louisiana is well known as one of the nation's
premier fishing locations and also depends on its abundant seafood
resource year-round to maintain the economic viability of coastal
communities. Red snapper is highly prized and sought after by both
resident and non-resident recreational anglers. Over the past 20 years,
the recreational fishery has seen red snapper seasons go from 365 day
per year season to a mere 28 days in 2013. We recognize the need and
see it as our job to properly manage the red snapper resource and
restore populations that are overfished, but in doing so we must also
minimize the impact on anglers and associated fishing industries. Based
on sound science and input from the recreational fishing community's
dissatisfaction with federal management, the Louisiana Department of
Wildlife and Fisheries (LDWF) petitioned the Louisiana Legislature in
2012 to pass House Concurrent Resolution 10, encouraging National
Marine Fisheries Service and the Gulf of Mexico Fishery Management
Council (Gulf Council) to approve a weekend-only fishery management
season for Louisiana. Realizing no action in this regard was being
taken by the Gulf Council or National Marine Fisheries Service, the
Louisiana Wildlife and Fisheries Commission passed a notice of intent
in June 2012 to establish a weekend-only red snapper season in
Louisiana territorial waters beginning the Saturday before Palm Sunday
through September 30. The intent of this season was to provide anglers
a wider time frame to fish by extending the season and to restore
economic viability to coastal communities. Pressure from the
recreational fishing community and Legislative intent prompted the
Secretary of LDWF to declare fishery management authority out to 9
nautical miles. As you all know, congressional actions transferring
management authority over red snapper and providing states with
management authority to 200 miles are being considered.
In our opinion, the management of recreational fisheries,
particularly red snapper, cannot continue to take a one-shoe-fits-all
for the Gulf States. The reason the Gulf Council chooses consistent,
inflexible management measures is that it's simply easy to implement.
It's time that the Gulf Council moves past the easy approach and starts
to consider flexible management measures that continue to rebuild the
red snapper stock, while considering the needs of individual coastal
states and the economic viability of coastal communities. With these
considerations in mind, Louisiana went before the Gulf Council in April
of 2012 to advocate a regional management system. We refer to the
approach as regional management where management of the red snapper
fishery would be delegated to each Gulf state. Responsibility of the
red snapper resource would remain the charge and authority of National
Marine Fisheries Service and the Gulf Council. Delegating authority to
the states would provide flexibility to decide when, where and how red
snapper will be harvested. Each state's fishery management agency is
more receptive and responsive to the wants and needs of its own
constituents than a federal agency who has broader goals. That is very
evident in the existing controversy over red snapper management where
the states of Louisiana, Texas and Florida have taken immediate action
to satisfy the will of their constituents.
One might raise a concern as to the capability of the states to
take on the responsibility of managing and controlling the recreational
red snapper fishery. I can only speak for Louisiana by saying that we
will and have already devoted substantial resources towards gathering
the best, most relevant data to properly manage the red snapper
resource. We have established a recreational quota monitoring survey
designed to provide real-time, in-season red snapper landings estimates
in Louisiana. The survey was put in place this year to provide accurate
information on Louisiana red snapper landings. The new, real-time
monitoring conducted by the Department has already benefited Louisiana
fishermen by increasing Louisiana's 2013 federal red snapper season
from nine days, to the current season of 28 days.
Without Louisiana's quota monitoring survey we are dependent on the
National Marine Fisheries Service's Marine Recreational Information
Program (MRIP). The MRIP was not designed for quota monitoring so it
doesn't provide timely landings needed to avoid harvest overruns, as
evidenced by the 19 percent-89 percent recreational red snapper
overruns in the Gulf of Mexico in the past six years. The only year a
measured harvest overrun didn't occur was 2010 when the fishery was
closed for a substantial time period as a result of the BP oil spill.
In closing I'd like to reiterate that fishery management must
evolve and provide more flexibility in order to earn the confidence of
anglers and the industry. We believe the answer is ``Regional
Management''.
______
The Chairman. Thank you very much, Mr. Pausina, for your
testimony.
Next I will recognize Mr. Dale Diaz, who is the Director,
Office of Marine Fisheries, for the Mississippi Department of
Marine Resources. Mr. Diaz, you are recognized.
STATEMENT OF DALE DIAZ, DIRECTOR, OFFICE OF MARINE FISHERIES,
MISSISSIPPI DEPARTMENT OF MARINE RESOURCES
Mr. Diaz. Good morning, Chairman Hastings, Mr. Sablan, and
Committee members, and thank you for the opportunity to be here
today to testify on the management of red snapper in the Gulf
of Mexico. Again, my name is Dale Diaz, and I am director of
the Office of Marine Fisheries for the Mississippi Department
of Marine Resources.
I would like to start out by talking about artificial reefs
just a little bit, because they are very important to expanding
the capacity of the stock. Mississippi has had an artificial
reef program since 1972, and we currently partner with the
Mississippi Gulf Coast Fishing Banks, which is a nonprofit
organization dedicated to expanding reefs off the coast of
Mississippi.
We currently have 14 offshore reef sites, and the total
acreage is about 16,000 acres, and they range in size from 8 to
10,000 acres. The material that we use on these sites is
concrete culvert, steel-hull vessels, and materials of design.
The water bottoms off the coast of Mississippi and adjacent
Federal waters are basically a flat, featureless plain, so we
need this habitat to attract structure-dependent reef fish,
such as red snapper, to expand the capacity of the stock.
One of the problems we have had in Mississippi is Hurricane
Katrina destroyed about 90 percent of our artificial reefs, and
the reefs actually were buried by Hurricane Katrina and
subsided down into the substrate, and did not function as
artificial reefs. So, from 2005 through 2011, our landings were
some of the lowest landing years on record. Because of the
importance of artificial reefs, we decided to use a portion of
the congressionally approved Hurricane Katrina disaster funds
to rebuild our artificial reefs. And I am happy to tell you
that we have rebuilt them back to pre-Katrina levels at this
point. So I would like to thank Members of Congress for
providing these hurricane disaster funds; it has been critical
to our program.
Next I would like to talk about regional management a
little bit. The Mississippi Department of Marine Resources is
managed by a Commission, and the Commission has full authority
over all aquatic life in the marine waters of the State of
Mississippi. At its April 2013 meeting, the Commission passed a
motion allowing the Department to enter into negotiations with
other Gulf States, the National Marine Fisheries Service, and
the Gulf Council to support regional management in the Gulf of
Mexico.
The two main reasons they supported it was the reasons you
have heard my counterparts mention here: flexibility for bag
limit, size limit, seasons, and different other options that we
could implement in our management plan. The second reason was
that it solves the problems of States having non-compatible
State water regulations that shorten the Federal season.
For example, in 2013, three Gulf States have longer
recreational red snapper seasons in their State waters than in
Federal waters, and this shortens the Federal season. Because
the red snapper fishery in the Gulf of Mexico is considered to
be one stock, and there is currently no mechanism to hold
States accountable for additional fish caught in these longer,
non-compatible State water seasons, the Federal season must be
shortened to compensate. As a result, Mississippi recreational
and charter for-hire fishermen have 6 fewer days to fish in
Federal waters this season. We think regional management will
help that.
Under regional management, red snapper will still be
subject to current Federal conservation goals, and red snapper
in the Gulf of Mexico will still be managed as a single stock
with a Gulf-wide quota set annually. That stock will be divided
along the commercial and recreational allocation, and the
recreational portion of that quota will be divided amongst the
regions. The regions can then tailor their management plans to
meet the specific needs of those regions.
For example, several fishermen in Mississippi have told me
that October is the very best time to catch red snapper off of
our waters. With regional management, we could do something
that would have an October season, if the majority of people
would like that.
But I don't want to leave you with the impression that
regional management is going to cure all the problems in the
recreational red snapper section of the fishery. We will still
have to deal with shortened seasons. The seasons are shorter
because the stock is expanding, and you can catch snapper in
different areas of the Gulf that they weren't in previous
years. And also, as the stock is rebuilding, fish are getting
bigger. And the quota is set up on pounds. And as they get
bigger, the quota is caught quicker.
It is also very difficult to restrain a recreational catch.
States are still going to have to work hard at these issues.
Although I do believe States can do a better job, we are closer
to the issue, we have some experience managing some State
species, and we can apply some of that knowledge to managing
the recreational red snapper section.
In conclusion, I do have a couple of suggestions for MSA
reauthorization. At the June Gulf Council meeting a motion was
approved unanimously to add to the list of MSA reauthorization
priorities the need for a sustainable certification that would
authorize the National Marine Fisheries Service to provide the
U.S. industries with a sustainable certification program and a
certification mark. This would provide the industry with the
ability to promote and sell its seafood products.
And last, scientific data is imperative for good fisheries
management. One thing that hampers management is inadequate
funding for data acquisition.
Thanks again for the opportunity to be here before you
today, and for your past help with our fisheries resources.
[The prepared statement of Mr. Diaz follows:]
Statement of Dale Diaz, Director, Office of Marine Fisheries,
Mississippi Department of Marine Resources
Introduction
Mr. Chairman and Committee Members thank you for the opportunity to
be here today to testify on this extremely important issue to our
fisheries, our fishermen, and our agency. I am Dale Diaz, Director of
the Office of Marine Fisheries for the Mississippi Department of Marine
Resources (MDMR). The Mississippi Commission on Marine Resources (MCMR)
has been granted full authority through Mississippi Statute to regulate
all matters pertaining to all saltwater aquatic life and marine
resources. The MCMR has granted authority to the Executive Director of
MDMR to manage the recreational red snapper fishing seasons and
implement a regional management program in the State of Mississippi.
At its April 2013 MCMR meeting the Commission unanimously approved
a motion allowing the state marine fisheries director to proceed with
negotiations with the appropriate Gulf States officials, National
Marine Fisheries Service (NMFS) and the Gulf of Mexico Fishery
Management Council (GMFMC) on issues relating to recreational red
snapper regional management in the Gulf of Mexico.
This hearing and other upcoming meetings relative to the
reauthorization of the Magnuson-Stevens Fisheries Conservation and
Management Act (MSA) gives us the opportunity to reflect upon how we
are doing and how we can improve upon our U.S. fisheries under MSA. The
basis of the act ``To provide for the conservation and management of
fisheries'' has been and is being accomplished, and with some
adjustments, could provide more flexibility to the Councils for
management. In its annual report to Congress NOAA reports on the status
of our fisheries regarding the biological status of the stocks. Six
stocks were declared rebuilt in 2012 bringing the total number of
rebuilt stocks to 32 since 2000 (NOAA). The MSA has been working in
that the number of overfished stocks has declined 20% since 2000 and
the number of stocks subject to overfishing has declined by over 20%.
Red snapper are currently managed as a single stock in the Gulf
with an overall gulf wide quota that is set annually. The annual quota
is then split with the commercial sector getting 51% and the
recreational sector getting 49%. The percentages are based on the
historical catches by each sector. The commercial sector is kept within
its quota with an Individual Fishing Quota (IFQ) program that has been
in place since 2007. Unfortunately, the recreational sector has
consistently gone over its quota and the GMFMC is looking at ways to
address this issue, one way being regional management.
The red snapper stock in the Gulf of Mexico has been declared as
overfished and has been in a rebuilding plan since 1977 based on the
status of U.S. Fisheries Report to Congress. Overfishing was not
officially declared to end in the status of U.S. Fisheries Report until
2012 after the new overfishing definition developed in the Generic
Annual Catch Limits and Accountability Measures Amendment was
implemented.
Currently, recreational red snapper in the Gulf of Mexico exclusive
economic zone (EEZ) are managed with a bag limit (2 fish/person/day),
size limit (16 inches minimum), and season (generally opens June 1 and
closes when the quota is projected to be caught). Unfortunately, even
with these measures in place, the season has continued to get shorter
(Figure 1).
Regional management would subdivide the Gulf into separate areas
with each area having its own allocation (Figure 2), within the total
recreational sector's allocation. Currently recreational fishing for
red snapper is managed for the entire U.S. Gulf of Mexico as a single
stock. Regional management would enable states to enact management
regulations such as season opening dates, size limits, bag limits, and
weekend only seasons, as well as other regulatory issues most suitable
to their unique circumstances. Red snapper would remain a federally
managed species subject to current federal conservation goals. The
major benefit to regional management is that the states would be given
the flexibility to implement management measures which would provide
for optimum socio-economics by region. The geography of the Gulf is
large and the recreational fishery for red snapper is different in
different areas of the Gulf. Providing the states with this option
would help to ensure optimum benefits for each region's fishermen. The
additional flexibility provided by this type of management would allow
Mississippi and other Gulf states to develop red snapper regulations
tailored to meet the needs of the users in their region. Not only would
regional management provide the states flexibility mentioned above to
meet the needs of that region, it would solve the problem of states
setting non-compatible state water regulations which have negatively
impacted Mississippi this year. For 2013 three Gulf States have longer
non-compatible state water recreational red snapper seasons than the
federal season. Because there is currently no mechanism to account for
the additional fish caught in these longer state water seasons,
Mississippi fishermen will have six fewer days to fish in federal
waters.
A major road block to regional management is the lack of adequate
funding that would allow for implementation of the program by the
states.
Impacts of Non-Compliance with Federal Red Snapper Regulations
Currently, red snapper within the Gulf of Mexico are not considered
to be undergoing overfishing by NMFS; however, the stock is considered
to be overfished and various management measures that have been
mentioned earlier (e.g. quotas for each segment of the fishery, size
limits, bag limits, defined fishing seasons, etc.) are being used by
the Council to rebuild the stock and maintain the trajectory to fully
rebuilt status. As the U.S. Gulf of Mexico red snapper stock is
considered to be one stock, the NMFS quantifies all sources of harvest
regardless of where fish are caught within the stock's range and uses
this information in the development of stock assessments. In order to
meet the timeline for rebuilding the stock, management of red snapper
NMFS has relied upon cooperation from the Gulf States to create
compatible fishing seasons, size limits and bag limits to those used by
NMFS in federal waters; compliance has not always been enacted by some
States. In some areas of the Gulf (Texas and Florida since they have a
nine mile territorial boundary) fishermen are able to harvest red
snapper in state waters when the state season was open; however, most
of the historical Gulf red snapper harvest (since 1986) has occurred in
federal waters.\1\ From 2006-2011, excluding landings from the 2010 oil
spill year, the amount of harvest which came from state waters Gulf-
wide was 23.2%. Increasing the amount of time fishermen can fish in
state waters of non-compliant states will shift the dynamics in the red
snapper fishery and significantly alter the areas where red snapper are
harvested. From 2006-2011 (excluding 2010), harvest of red snapper from
state waters in Alabama and Mississippi accounted for only 5.9% (Table
1) of the total pounds of fish landed in the two states. This figure
indicates how significant the adjacent federal waters are to fishermen
within Alabama and Mississippi and reductions in the number of days to
fish in federal waters caused by another state(s) being non-compliant
would have an inequitable and unfair impact on those fishermen, a
violation of National Standard 4, which states Conservation and
management measures shall not discriminate between residents of
different States. If it becomes necessary to allocate or assign fishing
privileges among various United States fishermen, such allocation shall
be (A) fair and equitable to all such fishermen; (B) reasonably
calculated to promote conservation; and (C) carried out in such manner
that no particular individual, corporation, or other entity acquires an
excessive share of such privileges. Fishermen in Alabama and
Mississippi would be unfairly treated because they rely upon access to
the resource in federal waters at rates higher than fishermen in other
state(s). Although, the combined Gulf coastline of Alabama and
Mississippi accounts for 7.4% of the U.S. Gulf coast, fishermen within
these two states account for 41.2% of total landings (2006-2011, except
2010).
---------------------------------------------------------------------------
\1\ Scoping Document for Amendment 39 to the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico. Gulf of Mexico
Fishery Management Council Special Reef Fish Committee meeting, June
2013, Tab SP, No. 6(a).
---------------------------------------------------------------------------
Artificial Reef Habitat
The success of developing artificial reefs to attract reef fish
such as red snapper and enhance harvest capability of these fish has
been widely acknowledged. This has resulted in major government
programs designed to assist in the efforts to improve the technology
and application of artificial reefs. The State of Mississippi through
the MDMR has developed an extensive offshore artificial reef program in
recent years; there are also similar artificial reef programs in other
Gulf States. The offshore reefs that have been created are vital to our
recreational fishermen seeking red snapper in the adjacent offshore
waters of Mississippi, as well as the other Gulf States. These
artificial reefs give our fishermen areas much closer to shore to
harvest reef species such as red snapper; however, these reefs are
expensive to develop and maintain. Hurricane Katrina destroyed
approximately 90% of Mississippi's offshore reefs. Due to the
tremendous importance of these habitats to our fisheries resources and
our fishermen the decision was made to utilize a portion of the
Congressionally approved Katrina disaster funds to not only rebuild
those reefs, but to rebuild them in a fashion that would less prone to
damage from future storms. Again we would like to thank the Members for
this Congressional assistance. We have recently completed rebuilding
our offshore reefs back to pre-Karina levels. Regional management would
allow mangers in Mississippi the flexibility to manage these reefs in a
manner which is most beneficial for our fishermen and the resource.
Suggestions for MSA Reauthorization and Other Matters
1. The regional fishery management councils need more flexibility
to apply the appropriate tools to prevent overfishing than we currently
have. Basically, one tool or management procedure cannot be effectively
applied in all fisheries. The MSA requirement to implement Acceptable
Catch Limits (ACL) for all species has resulted in confusion and
unnecessary restrictions on many species. ACL's are appropriate in some
circumstances, but not all, especially not for data poor and/or
multispecies fisheries. ACL's are appropriate for those stocks which
have acceptable stock assessments.
2. Sustainability: at the June Gulf Council meeting a motion was
approved unanimously to add to the list of MSA reauthorization
priorities the need for a sustainable certification that would
authorize NMFS to provide the U.S. industry with a sustainable
certification program and certification mark. This would provide the
industry with the ability to promote and sell its seafood products, in
both domestic and foreign markets, as sustainable based upon the
requirements of the Act. It is our understanding that similar motions
were unanimously approved by other Councils.
3. Funding for data: scientific data is imperative for good
fisheries management. One thing that has hampers management is
inadequate funding for data acquisition. Funding for fisheries stock
assessments and for recreational harvest data collection, to name a
few.
4. As mentioned earlier, Texas and Florida's west coast have a
nine mile territorial sea; extending the territorial seas for Alabama,
Louisiana and Mississippi would provide consistency to the States for
fishery management.
[GRAPHIC] [TIFF OMITTED] 81806.005
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.eps__
The Chairman. Thank you very much, Mr. Diaz. Both you and
Mr. Pausina used a little bit of Mr. Anson's time, and that is
why I was giving you the flexibility there.
Mr. Diaz. Thank you, Mr. Chairman.
The Chairman. Last I would like to recognize Mr. Robin
Riechers, who is the Director of the Coastal Fisheries Division
of the Texas Park and Wildlife Department. Mr. Riechers, you
are recognized for five minutes.
STATEMENT OF ROBIN RIECHERS, DIRECTOR, COASTAL FISHERIES
DIVISION, TEXAS PARKS AND WILDLIFE DEPARTMENT
Mr. Riechers. Thank you, Chairman Hastings and members of
the Committee. As indicated, my name is Robin Riechers, and I
am the Director of the Coastal Fisheries Division of the Texas
Parks and Wildlife Department.
Since the late 1990s, red snapper recreational regulations
in Texas State waters have been different than Federal
regulations, and are set at a 4-fish daily bag limit and a 15-
inch minimum size limit, and the fishery is open year-round. In
contrast, regulations in the Federally managed waters of the
EEZ restrict recreational harvest to 2 fish per day in a season
that has varied in duration over the last 10 years from 194
days to the fewest amount of days for this season set at 28.
The Texas Parks and Wildlife Department strongly believes
Texas regulations for State waters are appropriate, based on
our routine stock monitoring program, the most current stock
assessments, and the fact that the authority to manage those
waters falls within the jurisdiction of the Texas Parks and
Wildlife Commission.
As part of Texas' routine stock monitoring program, coast-
wide catch-per-unit effort from routine monitoring reflects the
relative abundance of young-of-the-year fish, or our early
recruits, has increased five-fold since 1986. And the 4 highest
years on record have occurred within the past 10 years.
A second part of the routine monitoring program is the
analysis of recreational landings. For all trips landing red
snapper from the Texas territorial sea, more than one-third of
anglers are landing their bag limit of four fish. When you look
at the EEZ, more than one-half of the anglers off Texas are
landing their bag limits. Landings by weight have remained
relatively steady in both the EEZ and the Texas territorial sea
since 2005. More importantly, the average size of red snapper
landed has doubled in the past 30 years. This is all indicative
of a stock becoming healthier.
As red snapper typically do not travel long distances,
fishing in a State such as Texas, that has more than 360 miles
of shoreline, is unlikely to impact the red snapper populations
of another State. As shown in a recent stock assessment, the
Western Gulf has a much greater biomass of spawners and
recruits than the Eastern Gulf. Even with greater and
increasing biomass, the percent of Gulf recreational landings
from the Western Gulf has decreased since the early 1990s from
around 44 percent to 17 percent.
Texas specifically has seen our percent decrease from just
under 25 percent to around 10 percent. This drop in Texas
landings is due in no small part to the season set to begin in
June, a time of year in Texas when weather patterns and
conditions make it difficult for small vessels to operate
offshore. This change in pressure places a disproportionate
burden of stock recovery on the Western Gulf. The continued
shift of landings from the Western Gulf to the Eastern Gulf,
and the continued approach of one season fits the entire Gulf
is a key element to why there is support for the regional
management concept.
Regrettably, this issue came to a head this spring when our
partners in the National Marine Fisheries Service requested
emergency authority to further restrict recreational harvest of
snapper in Federal waters off of States whose regulations were
not consistent with those in Federal waters. Following a
district court ruling that overturned the emergency rule, the
National Marine Fisheries Service set the 28-day recreational
red snapper season in the Gulf of Mexico starting June 1.
Previous to this, the recreational season was announced by the
National Marine Fisheries Service to be 12 days in the EEZ off
of Texas.
However, in contrast to that, most recently, a completed
stock assessment was presented last week to the Gulf of Mexico
Fishery Management Council that suggests additional pounds of
red snapper are available to harvest. And, of course, the
Council is now deliberating that.
Reef Fish Management Plan Amendment 39, which is currently
under development by the Gulf of Mexico Fishery Management
Council would allow regional management of the recreational red
snapper fishery, and could provide greater flexibility to each
State in setting recreational regulations to optimize the
economic and social benefits to the citizens of each State.
While Texas supports the concept of regional management, and
while we are optimistic that the Council is on a path to
regional management, the possibility exists that Amendment 39
will not be adopted. Or, if adopted, it could contain
undesirable conditions set by the Council or National Marine
Fisheries that would not be suitable for implementing effective
regional fishery management plans.
Modifications to the Magnuson-Stevens Act or other acts
that specifically address the intent to move toward regional
management by the Gulf States in a manner that allows maximum
flexibility for management would be beneficial. The Act also
could be modified to improve monitoring and data collection of
both biological and economic data, so that we may assure that
we gain the full benefits of these fisheries.
Last, greater flexibility in achieving rebuilding of fish
stocks, while understanding and preserving the actual fishery
that depends on those stocks, is paramount, moving forward.
Thank you for the opportunity to be with you today and
present my testimony.
[The prepared statement of Mr. Riechers follows:]
Statement of Robin Riechers, Director, Coastal Fisheries Division,
Texas Parks and Wildlife Department
Thank you Chairman Hastings and Members of the Committee. My name
is Robin Riechers. I am the Director of the Coastal Fisheries Division
of the Texas Parks and Wildlife Department (TPWD). TPWD through
oversight by the Texas Parks and Wildlife Commission, is the state
agency responsible for protecting and managing the fish and wildlife
resources of Texas. This includes red snapper occurring in the Texas
Territorial Sea (TTS) that extends 3 marine leagues (9 nautical miles)
from the shoreline.
Since the late 1990's, red snapper recreational regulations in
Texas state waters (set by the Texas Parks and Wildlife Commission)
have been different than federal regulations in the Exclusive Economic
Zone (EEZ). Currently, regulations in Texas state waters are a 4-fish
daily bag limit and a 15-inch minimum size limit, and the fishery is
open year-round. In contrast, regulations in the federally managed
waters of the EEZ restrict recreational harvest to 2 fish per day and a
season that has varied in duration over the last ten years from 194
days to the fewest amount of days for this season at 28 days.
TPWD staff strongly believe Texas regulations for state waters are
appropriate based on our routine stock monitoring program, the most
current stock assessment, and the fact that the authority to manage
Texas state waters falls within the jurisdiction of the Texas Parks and
Wildlife Commission.
As part of Texas' routine stock monitoring program, scientific data
are collected on the relative abundance of species found in state
waters and used to monitor changes in trends over time. Coastwide
catch-per-unit-effort from TPWD Gulf trawl data reflects the relative
abundance of young-of-the-year fish. These are early recruits into the
fishery, mostly aged 0-1, and represent what will be available for
future years. Since 1986, catch-per-unit-effort has increased 5-fold
from approximately 0.3 fish caught per hour in 1986 to just over 5 per
hour in 2012. The four highest years on record have occurred in the
past ten years.
A second part of the routine monitoring program is the analysis of
recreational landings, specifically how many anglers achieve their bag
limits. For all trips landing red snapper from the Texas Territorial
Seas (TTS), more than one-third of anglers are landing their bag limit
of four fish. More than half of anglers landing fish from the Exclusive
Economic Zone (EEZ) reach their bag limit. Total red snapper landings
(numbers) by private and charter boat anglers off Texas have declined
in the EEZ since 2005 but have remained steady in Texas waters.
Landings by weight have remained relatively steady in both the EEZ and
TTS over the same timeframe. More importantly than the percent of
anglers achieving their bag limit is the fact that the average size of
red snapper landed has doubled in the past 30 years. In 2012, an
average red snapper landed from the TTS measures approximately 20
inches while a red snapper landed from the EEZ measured just under 23
inches. This is all indicative of a stock becoming healthier.
As red snapper exhibit a high degree of site fidelity, they
typically do not travel long distances. In one study, the average
distance moved was approximately 6.25 miles (Diamond et al. 2007).
Fishing in a state such as Texas, that has more than 360 miles of
shoreline, is unlikely to impact the red snapper population of another
state. As shown in the 2009 Gulf of Mexico Red Snapper Update
Assessment (2013) the western Gulf red snapper sub-unit (waters off
Texas and Louisiana) has a much greater biomass of spawners and
recruits than the eastern Gulf sub-unit (waters off Mississippi,
Alabama and Florida).
Even with the greater and increasing biomass, the percent of Gulf
recreational landings for the western sub-unit has decreased since the
early 1990's from 44% to 17%. Texas specifically has seen our percent
decrease from just under 25% to around 10%. Additionally, the drop in
Texas landings is due, in no small part, to the season being set to
begin in June, a time of year in Texas when weather patterns and
conditions make it difficult for small vessels to operate offshore.
This change in pressure from the west to the east will only slow the
overall recovery in the Gulf and places a disproportionate burden of
stock recovery on the western Gulf sub-unit. The continued shift of
landings from the western gulf to the eastern gulf, additional
restrictions placed on recreational anglers in federal waters in spite
of healthy snapper populations, and the continued approach of one
season fits the entire gulf is a key element to why there is support
for a regional management concept.
Regrettably, this issue came to a head last spring when our
partners at National Marine Fisheries Service (NMFS) requested and
received emergency authority to further restrict recreational harvest
of snapper in the federal waters off of states like Texas, whose
regulations were not consistent with those in federal waters. On May
31st, a U.S. District Court Judge in Brownsville, Texas overturned the
emergency order issued by NMFS.
Following that ruling, NMFS set the 28-day 2013 recreational red
snapper season in the Gulf of Mexico EEZ for June 1 through June 29 at
12:01 am. Previous to this, the recreational season was announced by
NMFS to be 12-days in the EEZ off Texas. However, a recently completed
stock assessment increased the 2013 Allowable Biological Catch for
2013, 2014, and 2015 to 13.5 million pounds, 11.9 million pounds, and
10.6 million pounds, respectively. The Gulf of Mexico Fishery
Management Council (GMFMC) is currently deliberating on the amount of
additional pounds of red snapper to harvest and determining dates to
extend the recreational season this year. A special meeting of the
GMFMC is planned in July to release additional quota for this year and
to set the recreational landings targets for the next two years.
Reef Fish Management Plan Amendment 39, which is currently under
development by the GMFMC, would allow regional management of the
recreational red snapper fishery if approved by the Secretary of
Commerce. In its current draft form, Amendment 39 could provide greater
flexibility to each state in setting recreational regulations for the
red snapper fishery to optimize the economic and social benefits to the
citizens within each region (state). The State of Texas and the TPWD
are supportive of the concept of delegation of management for certain
elements of the recreational red snapper fishery to Gulf states and
will continue to work with the Gulf of Mexico Fishery Management
Council and the National Marine Fisheries Service in developing a
regional management plan.
While Texas supports the concept of regional management, our
complete endorsement and acceptance will depend on the stipulations set
forth by the Gulf of Mexico Fishery Management Council and National
Marine Fisheries Service. In addition to awaiting final approval and
implementation from GMFMC and NMFS, it must be noted that as a
condition to receiving the delegation of authority we would expect not
to be held to any higher standard and quota (landings) adjustment
procedure than the one currently being used by the GMFMC and NMFS.
We are optimistic the GMFMC is on a path to implement regional
management of the recreational red snapper fishery in the near future.
Nonetheless, the possibility exists that Amendment 39 will not be
adopted, or if adopted, contain undesirable conditions not suitable for
implementing effective regional fishery management plans. Modifications
to the Magnuson-Stevens Act that specifically address the intent to
move towards regional management by the Gulf states in a manner to
maximize flexibility for managing the harvest in the recreational red
snapper fishery would be beneficial. Also, greater flexibility in
achieving rebuilding of fish stocks while understanding and preserving
the actual fishery that depends on those stocks is paramount moving
forward. The Act might also be modified to require improved monitoring
and data collection of biologic and economic data for the red snapper
fishery so the benefits of regional management can be fully achieved by
reducing scientific uncertainty and refining management strategies.
Thank you for the opportunity to be with you today and to present
my testimony. I am happy to answer any questions any of the Committee
Members may have.
Literature Cited:
Diamond, S. et al. 2007., Movers and stayers: individual variability in
site fidelity and movements of Red Snapper off Texas in
American Fisheries Society, Symposium 60: Red Snapper ecology
and fisheries in the U.S. Gulf of Mexico 163-187 (2007).
______
The Chairman. Thank you very much, Mr. Riechers, and I want
to thank all the panelists for their testimony. I will
recognize myself now for 5 minutes for questioning.
As you know, our responsibility with Magnuson-Stevens is to
reauthorize that. So I want to ask a series of questions. And
this is for all of the witnesses, so be prepared. And I would
like you just to answer yes or no.
First of all--and we will start with you, Mr. Schwaab--do
you support a change in the Magnuson-Stevens Act to allow
councils more flexibility in rebuilding over-fished fisheries?
Yes or no, if you could.
Mr. Schwaab. As I have said here before, the councils
already have significant flexibility, as evidenced by some of
what has transpired to date. Under certain circumstances----
The Chairman. So----
Mr. Schwaab. Would we potentially support more flexibility?
I think the answer would be yes.
The Chairman. All right. Thank you very much. Mr. Anson?
Mr. Anson. I think, with some caveats, I think the Council
would be very much in favor of supporting that, yes.
The Chairman. Mr. Blankenship?
Mr. Blankenship. Yes.
The Chairman. Ms. McCawley?
Ms. McCawley. Yes, we would support more flexibility.
The Chairman. Mr. Pausina?
Mr. Pausina. Yes.
The Chairman. Mr. Diaz?
Mr. Diaz. Yes.
The Chairman. Mr. Riechers?
Mr. Riechers. Yes, we would support more flexibility.
The Chairman. OK. You all alluded to that, but I wanted to
make sure we got it on record here.
This is another yes or no. And we will start this time with
Mr. Riechers. Would you support changes to the Magnuson-Stevens
Act that would provide the councils with more discretion in
implementing the recommendations of the Scientific and
Statistical Committees?
Mr. Riechers. In your question I assume that basically
leads down that same road of flexibility. So the answer is yes.
The Chairman. Yes, That is part of the process, and I want
to be now specific on the process where the flexibility comes
in.
Mr. Diaz?
Mr. Diaz. Yes.
The Chairman. Mr. Pausina?
Mr. Pausina. Yes.
The Chairman. Ms. McCawley?
Ms. McCawley. Yes.
The Chairman. Mr. Blankenship?
Mr. Blankenship. Yes.
The Chairman. Yes? Mr. Anson?
Mr. Anson. Yes.
The Chairman. Mr. Schwaab?
[Laughter.]
Mr. Schwaab. With some caveats. I would probably lean
toward the other end of that spectrum, but certainly not to
preclude all potential increased flexibility.
The Chairman. OK, thank you. And this is a last one I have.
And now we will reverse again. Mr. Schwaab, you get to go first
on this one. And this again, a yes-or-no question.
Do you believe that the Magnuson-Stevens Act should be
modified to allow the councils to have more flexibility in
setting the annual catch limits, and which species should be
subject to an ACL?
Mr. Schwaab. I am not sure I understand the first part of
that question, sir.
The Chairman. Well, you have catch limits. OK? Should the
regional councils have the flexibility to, I guess, better
explore that or decide which species should be subject to ACLs,
is my question. Should they have the flexibility?
Mr. Schwaab. Yes, sir. They already do in the treatment of
some ecosystem component stocks and the way they set catch
limits on assessed stocks. So certainly the continuation of
that is appropriate.
The Chairman. OK. Mr. Anson?
Mr. Anson. Yes.
The Chairman. OK. Mr. Blankenship?
Mr. Blankenship. Yes, sir.
The Chairman. Ms. McCawley?
Ms. McCawley. Yes.
The Chairman. Mr. Pausina?
Mr. Pausina. Yes.
The Chairman. Mr. Diaz?
Mr. Diaz. Yes.
The Chairman. Mr. Riechers?
Mr. Riechers. Yes.
The Chairman. The reason I wanted to ask that--and part of
the response, at least that I am getting, from here, and the
frustration that we have with the regional councils, is in the
process--and I know this is complicated; I am trying to
simplify it--when you have as much flexibility on a local
level, I sense that you feel you can resolve the problems. The
problem is the way the law is written, and when it goes up to
where NOAA or--NMFS or NOAA get involved, then that complicates
the problem.
Now, Mr. Schwaab, I am not picking on you. But the mere
fact that asking these questions on flexibility, everybody on
the ground said immediately, ``Yes.'' But from your standpoint,
you said, ``No.'' And I am not criticizing you, but I am just
saying this may be the structural problem. And it is to the
extent that when we look at the Magnuson-Stevens
reauthorization, that is the area that I think that we should
focus on.
In testimony previously on Magnuson-Stevens, one witness
said that the magic--I won't say the ``magic,'' but the good
part of Magnuson-Stevens is that it provided for regional
councils to deal with their specific areas. This is simply--my
line of questioning was simply an extension of that fact.
Thank you all for your answers. I will now recognize Mr.
Sablan for 5 minutes.
Mr. Sablan. Thank you very much, Mr. Chairman. I was just
also listening to the conversation earlier, and I am going to
say that Mr. Blankenship [sic] to my right, all of you are in
the Gulf of Mexico Council. Am I correct in this? All of you
have membership in some of the things we brought up here
actually could be resolved within that Council. Am I correct in
assuming that, whether it is fishing in June or--so I am not
sure why we are here this morning.
But let me go to my questions. Mr. Schwaab, thank you very
much, sir, for your service. We appreciate that. And I still
feel bad that I met you at the elevator on the New Jersey side
one morning and I didn't recognize your name. I apologize for
that; I still feel bad about that, particularly because the day
before you gave a grant to the Northern Mariana Islands. That
made me feel real bad.
[Laughter.]
Mr. Sablan. But thank you. But, Mr. Schwaab, you stated
that recreational anglers last year landed three times as many
red snapper as they did in 2006, and that those fish weighed
twice as much. So, as a result, the recreational sector has
consistently exceeded its quota, even as seasons have become
shorter. Given this trend, how could simply moving to regional
management result in a longer season without exceeding the
ACLs, the annual catch limits?
Mr. Schwaab. Thank you, Mr. Sablan. I think just simply
moving would not. Moving with some additional requirements and
performances on the part of the States to do a better job of
managing in a more precise way and in perhaps a more timely way
the collection of recreational catch data would allow that to
happen.
We heard Mr. Pausina talk about some of the steps that
Louisiana had taken to expend funds to enhance surveys. I think
inherent in any kind of a regional management plan would be a
requirement, an imposition on the part of the States, that they
step up and do that for themselves to ensure performance within
the context of the plan and, frankly, fairness to each other.
Mr. Sablan. All right. And so, the lack of quality
recreational landings data and the lag time for utilizing what
data there is has contributed to the recreational sector's
inability to stay within the ACL. So how is NOAA working with
the States to improve the recreational data collection, and
expedite the inclusion of that data into management decisions
like season closures and what assistance could the States and
recreational fishermen provide you?
Mr. Schwaab. Yes, thank you. So I guess I would stop a
little short of saying lack of quality, generally. What I would
say is that the coarseness of the data on a Gulf-wide basis,
and the challenges associated with timeliness of the current
survey are, in fact, what have created some of the challenges.
If you were to go to a State-by-State allocation, and a
State-by-State management system, that challenge would be
magnified. And the only way to satisfy that would be to
increase the number of intercepts substantially to give you the
kind of precision that you would require at a State-by-State
level. And you would potentially have to put in place
additional survey methodologies to increase the timeliness of
that data, so that in-season adjustments or corrections could
be made.
Mr. Sablan. Right.
Mr. Schwaab. Which, of course, is a challenge that we have
had in recent years.
Mr. Sablan. Right. And I am just happy to--I mean I am
assuming red snapper are more well-behaved fish. Because where
I come from, we have other kinds of fish that go into the
international area, or other jurisdictions.
But one more question, Mr. Schwaab, what challenges would
NOAA, the Coast Guard, and the States face in enforcing five
different sets of fishing regulations under a regional
management scheme? And how would the sequester and other
budgetary pressures limit compliance and enforcement?
Mr. Schwaab. Thank you. Assuming that each of the States
participated, I think that you would see compliance efforts
focused at the dock. It would be challenging to manage
different seasons, bag limits, potentially size limits, out in
the EEZ amongst fishermen who originated from different States.
We have to remember that, in the end, different from many
other stocks that we have talked about already, red snapper are
caught primarily in Federal waters--not solely in Federal
waters, but primarily in Federal waters. So, obviously, to make
that work, all States would have to participate, and most of
the compliance would then occur at the dockside.
The Chairman. The time of the gentleman has expired. I will
recognize the gentleman from Virginia, Mr. Wittman.
Dr. Wittman. Thank you, Mr. Chairman. Panelists, thank you
so much for joining us today. Very insightful. I want to ask a
question of each of you along the lines of what the Chairman
has asked, and that is, looking at the concept that you have
right now with the Council, and how the Council manages the red
snapper resource there, and looking at where we were on the
East Coast with striped bass a number of years ago, same
position, stocks rebuilding, controversy about how do you
manage them, how do you make sure all the different elements,
sport fishing, commercial fishermen alike are kept in mind, as
far as that regional management approach, let me ask this.
Should the total management regime for red snapper be
shifted to the States, and should it happen under a regional
management commission approach, much like on the East Coast,
with the Atlantic States Marines Fisheries Commission? I will
go down the panel and ask your thoughts on that.
Mr. Schwaab. Thank you, Mr. Wittman. I think we are
certainly supportive of the concept. We see ways in which,
particularly for the recreational angling community, the kind
of flexibility that was talked about here could be beneficial.
There are two ways that could happen. Primarily, one would be a
delegation by the Council to the States, particularly for the
management of the recreational fishery. That would avoid some
of the problems that I think have arisen with respect to
potential impacts on what is now a successfully operating and
much more sort of stable commercial fishery. If there were
movement to simply shifting responsibilities to the Gulf State
Commission, I think some of the standards that apply within
Magnuson-Stevens, some of the standards that you see applied on
the Atlantic Coast, would clearly have to be a part of that
plan.
Dr. Wittman. OK, very good. Mr. Anson?
Mr. Anson. Yes, sir. I think that type of management plan
or style could be implemented in the Gulf of Mexico. The
Commission works well with the States, obviously, trying to
resolve issues, inter-state fisheries issues. And although it
would be a little bit different in regards to management in
Federal waters, I think that infrastructure is there, and the
communication is there to have good engagement.
Dr. Wittman. Very good. Mr. Blankenship?
Mr. Blankenship. The Gulf States Marine Fisheries
Commission has a different makeup than the Gulf Council.
Dr. Wittman. Right.
Mr. Blankenship. And I think that it can be done either
way, through the Gulf Council or through the Commission, it
would just be some different players in the mix with the
Commission. But I think the road we are moving forward with the
regional management delegation through the Council is very
viable.
Dr. Wittman. OK, very good. Ms. McCawley?
Ms. McCawley. I agree with Director Blankenship. I think
that moving it to the Gulf States Marine Fisheries Commission
is a viable option. But I also believe that moving forward with
regional management through the Gulf Council process is a
viable option.
Dr. Wittman. Very good.
Mr. Pausina. Well, I will say the fact that the five State
directors can sit here in pretty much unison decisions, a lot
of the key decisions that got us all on board happened at Gulf
States Fisheries Commission meetings. We have a great
relationship there. It is a better work environment. It allows
more flexibility, for sure.
Moving to regional management through a State delegation is
step one, and would be a great step. Moving to a commission or
some sort of other entity would be an even more flexible step,
and would allow the States to fully realize the flexibility
that we are asking for.
Dr. Wittman. Very good. Mr. Diaz?
Mr. Diaz. Yes, sir. Yes, Mississippi is prepared to handle
regional management, regardless of whether it comes through the
Gulf Council or the Commission. I do think either avenue would
work. And we would be prepared to implement it, however it
comes down.
Dr. Wittman. Very good. Mr. Riechers?
Mr. Riechers. Yes. Mr. Pausina, we see it kind of as a
continuum going from more Federal control, even under the
regional management council system. And if it went to the
Commission, more State control. But we certainly are supportive
of that concept.
Dr. Wittman. Very good. Thank you, Mr. Chairman. I am going
to go to Mr. Schwaab real quickly.
Can you tell me what efforts are underway to improve the
science and data collection for red snapper? As you know, there
is such a time gap in the data that is being used to manage,
and the actual conditions there in the environment on the
water. Can you tell me, what are you doing to have a more
timely and a more expansive data collection system and analysis
and application in the management scheme?
Mr. Schwaab. Thank you, Mr. Wittman. So there are two large
components to that. One is the sort of information that
supports the assessment process that includes both fishery-
dependent and fishery-independent data. The other part of that
is the part that deals more with who is catching what and when.
If that was the focus of your question, the answer is, in part,
for us to shift to MRIP and the improved accuracy that has
emerged, as we have put in place the new methodologies for both
calculation, as well as the way we would deploy dockside
intercepts and the like, to address some sort of pre-existing
biases in the system.
Clearly, that alone will not provide the timeliness we are
looking for, nor will it provide the kind of precision we are
looking for. Ultimately, to increase precision down to a State-
by-State level, you are talking about spending more money for
more intercepts, and significantly upping the ante, as it
relates to the conduct of surveys.
But we are also looking at some of these technologies and
applications, and I mentioned in my testimony things like
iSnapper and iAngler, which could, in some cases--although I
would hesitate to suggest it is going to have an impact
immediately--have some benefit down the road.
The Chairman. The time of the gentleman has expired. The
Chair recognizes the gentleman from California, Mr. Huffman.
[No response.]
The Chairman. The Chair recognizes the gentleman from
Louisiana, Mr. Fleming.
Dr. Fleming. Thank you, Mr. Chairman. Mr. Pausina, thank
you for what you do for our State, Louisiana. And I thought I
would start off addressing some questions to you.
The bee in our collective bonnets, when it comes to the
issue of having adequate fishing, access to fishing for
recreational fishermen, is stock assessments that--NOAA, for
instance, spends hundreds of millions of dollars for global
warming satellites, but is way behind in the stock assessments.
And I am really intrigued by what our State is doing,
because you have noted that we have implemented a real-time,
in-season data collection program for the recreational sector.
And so, how does that differ from the Federal MRIP data
collection program? And why is the Federal program unable to
match your results for real-time data?
Mr. Pausina. Well, MRIP was designed, as I said earlier,
with a broader goal. And it is annual Gulf-wide landings. And
sometimes you can get pretty resolution State-by-State,
depending on the species. But it is being used incorrectly. It
is being used in the case of red snapper to also quota monitor,
which it is not designed to do.
So--and I believe--I can't speak for NOAA, but they are not
able to just radically make that change overnight and have it
happen, as we can in the States. And what we did--and I will
just read this real quickly, because it is--kind of falls into
what you are asking. During the entire 2012 recreational
snapper season in Louisiana, MRIP surveyed 20 private boat
trips, where 31 fish were measured in the whole entire season.
In contrast, since Louisiana started quota monitoring in
March of this year, Louisiana fisheries biologists have been on
the dock conducting recreational surveys every day that red
snapper season is open. So far this year, through June 16th--I
don't even have updated numbers; this is only through June
16th--our biologists have surveyed 1,100 off-shore fishing
trips comprised of over 4,000 anglers. During that time, we
have measured over 17,000 fish and weighed over 1,100 fish.
Catch rates during the 2013 EEZ season from Louisiana's
quota monitoring survey shows that anglers were landing roughly
10,000 pounds per day, while NMFS estimates Louisiana anglers
are harvesting 17,000 pounds per day. As a result, they
continue to over-estimate Louisiana's landings by more than 30
percent. That is days. That equals days that we lose. Also,
when you start looking at our individual fish are weighing a
pound, roughly, less than the overall Gulf average, so that
equals days that we lose, too.
So, through June 9th, Louisiana's quota monitoring survey
showed that recreational anglers landed an estimated 18,200 red
snapper. The Federal MRIP survey only reports harvests from
January and February at this point in time of 2013. So it is
not very timely. There is a major lag.
So, when our Commission voted to go to weekends only
starting in Easter, we had to rapidly put a program in place.
And we did it, and it can be done, and I know that NOAA has the
scientists to do it. It is do they have the flexibility to do
it. And that is what we are all here talking about. Clearly,
the States do have the flexibility. Maybe not always the money.
I had to move resources, I had to reprioritize a lot of our
budget, but I felt it was an important goal.
Dr. Fleming. So two takeaways from that I would see is the
more points on the graph, the better the data, the more
accurate the data. Certainly your real-time assessment, your
real-time measurements, are far more accurate, by way of many
more points on the graph, but also more timely. You are able to
get closer in time to where the action is.
Mr. Pausina. Yes, they are within a week-and-a-half, when
we have the data in and it is available. All the data and all
the protocols have been given over to the science center, the
Federal science center, and they have pretty much validated--in
fact, they gave us more days, based on the recalculations. We
still feel like they are over-estimated on----
Dr. Fleming. Right. And by the same notion, it is more
difficult to manage that data from a more centralized location.
So, obviously, if you break it out in States or regions, it is
easier to manage and to measure that data. Would you agree?
Mr. Pausina. Absolutely.
Dr. Fleming. OK. With that, I yield back.
The Chairman. I thank the gentleman. The gentleman from
California is ready, or----
Mr. Huffman. No.
The Chairman. OK, all right. The gentleman from Florida,
Mr. Southerland.
Mr. Southerland. Thank you, Mr. Chairman. first of all, I
want to say that I appreciate all of you traveling to meet with
us today. And I want to say to Ms. McCawley, thank you for
being here, representing Florida.
We just heard statements by Mr. Pausina from Louisiana, as
far as their ability to get data, OK, literally, from the dock
to a congressional hearing room in 10 days. I am big on
Florida. Can we perform like that?
Ms. McCawley. I would like to think that we can. We have
a----
Mr. Southerland. Good answer.
Ms. McCawley [continuing]. A few more ports than they do in
Mr. Pausina's State. But, yes, I think that we can eventually
get to the same place, where we can have more scientists at the
dock, monitoring that catch, and getting closer to real time.
Mr. Southerland. Right. So when the National Marine
Fisheries has 5 years to perform a stock assessment--5 years--
and can't manage to get us a stock assessment prior to a
season, but yet deliver that to us, would that be a good, old
effort? Obviously, I am going to assume that is not acceptable
to the people that fish in Louisiana. And I can speak as a
fisherman from Florida, that is not acceptable. Do you agree
with my summation, there?
Ms. McCawley. Yes, I agree that we need more timely
assessments for red snapper----
Mr. Southerland. Right.
Ms. McCawley [continuing]. So that we can track what
fishermen are seeing on the water more closely.
Mr. Southerland. Right. This 5-year need just kind of snuck
up on us, it seems like.
I know, Mr. Schwaab, as you mentioned--by the way, thank
you. I don't know what they are paying you today, but you
deserve hazard pay. You mentioned in your testimony that the
red snapper rebuilding schedule has been modified. How did the
year 2030 become the selected date for rebuilding?
Mr. Schwaab. It was based generally on the life history
and, essentially, the long-lived nature of red snapper.
Mr. Southerland. Right, but we know that the red snapper
has not been over-fished since 2009, correct?
Mr. Schwaab. Over-fishing was just determined to not be----
Mr. Southerland. That is a good term. I think America
appreciates----
Mr. Schwaab. Over-fished is a kind of a relative--an
abundance categorization. From an abundance-wise, we are not at
that target.
Mr. Southerland. Right. How surprised were you that the
stock assessment that finally came in after 5 years showed a
double of the biomass?
Mr. Schwaab. So I don't think that we were surprised at all
with the kinds of increases. You saw an update assessment in
2009. One of the reasons, sir, that this 2013 time table was
set was to take fuller advantage of some of the enhanced survey
work that was put in place in 2010 and 2011. So the schedule to
get to this date in 2013 was something that was discussed with
and agreed to by the Council 2 years ago, with the
understanding that we wanted to take maximum advantage of some
of the new data points that had been put into play.
Mr. Southerland. I want to ask you some questions regarding
fleet reduction. And I know since IFQs were put in place, the
fleet has gone from 800 vessels to 400. You stated
participation in the commercial red snapper fishery measured by
the number of accounts holding red snapper IFQ shares has
declined by about 25 percent since the program has been
implemented.
Does the National Marine Fisheries Service and NOAA, have a
record of who owns catch shares?
Mr. Schwaab. Yes.
Mr. Southerland. And----
Mr. Schwaab. Or who has been assigned and permitted shares.
Mr. Southerland. Right.
Mr. Schwaab. They are not ownership.
Mr. Southerland. Of the IFQ catch shares distributed, are
all of them being fished?
Mr. Schwaab. [No response.]
Mr. Southerland. I would take, by your pause, that is a no.
Mr. Schwaab. Oh, no, from a quota perspective, my
recollection is that generally we are coming close to the quota
on an annual basis. So, in the context of all of them being
fished, the measure would be how close is the commercial
fishery performing against the quota. Or, is your question
related to whether quota is being transferred from one holder
to another, and therefore, are all of the individuals who hold
quota shares actually fishing?
The reason I am hesitating is because I wasn't really sure
of the nature of your question. But I think the short answer
is, generally, the commercial fisheries come in close to
landing its quota.
Mr. Southerland. I know you stated recreational fishermen
are landing red snapper 3 times the rate as they did in 2006,
estimated 18,000 fish per day, compared to 6,000 fish per day.
How many days--when you make reference to 2006, how many days
were in that season?
Mr. Schwaab. I probably have that here in my book. I could
look it up in a moment----
Mr. Southerland. One hundred twenty six.
Mr. Schwaab. OK.
Mr. Southerland. Do you know how many days we have in the
current season?
Mr. Schwaab. Twenty-eight.
Mr. Southerland. OK. So, sure, we are going to catch more
fish, because we are going to be fishing 24 hours a day in that
28-day period. I would say that these rules are moving us--are
creating derby fishing, OK? So you are creating hazards, as
opposed to preventing them. I yield back.
The Chairman. The time of the gentleman has expired. The
gentleman from South Carolina is recognized.
Mr. Duncan. Thank you, Mr. Chairman. And let me just start
off by saying that my experience has been with the South
Atlantic area. And the experience that I have had is that the
recreational angler has oft times been left out of the mix, or
has had a diminished voice at the table with regard to the
councils and the information and how it is actually applied.
And I look at the chart that shows the overall quota for
commercial and recreational quota, days fishing from 1990 to
2013. And there is something that jumps out at me right off the
bat, and that is the fact that recreational fishing has gone
from 365 days a year, 7 fish in 1990, to 46 days--well, excuse
me, let's go to 2013--28 days and 2 fish. And you look at the
other data from 1994, and I see that the commercial quotas have
gone up, the actual recreational quota has gone up, even though
the number of days have gone down.
So, Mr. Chairman, I want to make sure that this chart is
part of the record, because I think America needs to look at
it.
The Chairman. And without objection, it will be part of the
record.
[The chart submitted for the record by Mr. Duncan of South
Carolina follows:]
[GRAPHIC] [TIFF OMITTED] 81806.008
.eps*In 2007, a revised rebuilding plan was put in place.
______
Mr. Duncan. Thank you. And the gentleman from Florida, this
is a passionate issue for him. And I know he may have some
additional questions, so I am going to yield the balance of my
time to him, so we can continue this line of questioning to do
what is right for the commercial and the recreational fishermen
in his home State, and the Gulf Coast. And with that, I will
yield my time to the gentleman from Florida, Mr. Southerland.
Mr. Southerland. I would like to thank the gentleman from
South Carolina for the additional time.
Mr. Schwaab, let's continue our questioning, or our
conversation. Can you understand the aggravation of the
recreational fishermen in Florida as it relates to the
performance of the agency that you have faithfully represented
throughout your career?
Mr. Schwaab. Well, to be honest, I have only represented
this agency for the last 3\1/2\ years. Most of my career----
Mr. Southerland. Well, you all have mustered up a lot of
aggravation in 3\1/2\ years, I will tell you.
Mr. Schwaab. Most of my career, sir, was spent at the State
level. So I can understand the challenges of fishery management
from both State and Federal perspectives, and as a recreational
fisherman, myself.
Mr. Southerland. Well, when your lead scientist last month
at a hearing--Mr. Merrick made mention that, as a process of
determining what fish surveys are going to be performed, they
look at the economic viability of that fish, or that fishery.
And for there to have a South Atlantic closure to the red
snapper for 1,234 days, as of the day he testified--now over
1,250--and there not being a survey since 2008, and there is no
survey scheduled for 2013 or 2014, and there is hardly a fish
that has greater economic value than the red snapper, certainly
you can see why your agency is not really cared for because of
the inconsistencies such as that, and in past surveys, refusing
to go to the State of Alabama, which harvests 40 percent of all
the red snapper out of the Gulf of Mexico, because of the reef
system, and your agency has refused over and over and over
again not to count fish that are on artificial reefs. Certainly
you can understand the aggravation because of the performance
of the way this agency has created pain on the Gulf Coast
States.
Mr. Schwaab. I can understand, sir, the frustration
associated with a rebuilding schedule required by Federal law
that restricts fishermen's access to the water. But I can also
understand, as a recreational fisherman myself, the value of
significantly enhanced fishing opportunity on the days that I
do go, recognizing that there is an apparent paradox when you
have a rebuilding stock, you have increased fishing
opportunity, and yet you are constrained against that, so that
we can continue to see those opportunities available not only
for future years but for future generations. And, frankly, from
my perspective, I want to make sure that my kids have the
opportunity to fish and enjoy red snapper, the same way that my
parents or grandparents might have.
Mr. Southerland. Has your agency had the flexibility in
Magnuson-Stevens to count fish on artificial reefs in the past?
Mr. Schwaab. Have we had the flexibility? Yes. Have we only
recently designed surveys to enhance our ability to collect
data against some of those artificial reefs? Yes. I think the
survey methodologies, the fishery-independent survey
methodologies have certainly evolved in recent years, as we
have invested there to deal with some of these problems.
Mr. Southerland. All right. I see my time is up. I yield
back.
The Chairman. The time of the gentleman has expired. The
Chair recognizes the guest of the Committee, Mr. Scott from
Georgia.
Mr. Austin Scott of GA. Thank you, Mr. Chairman. And I
appreciate the opportunity to be here. I, like Mr. Southerland,
share an extreme passion, if you will, for a sport that I used
to get to participate in a lot, fishing. And now that it has
been cut to 28 days, it is one of those things that I won't get
to do this year, not for snapper, anyway.
But Ms. McCawley, I fish pretty much from Florida. I have
fished everything from the old Steinhatchee Bridge when I was a
kid, and all we could afford was to fish from the bridge, the
Bay Point billfish tournaments. So I have spent a lot of time
in your waters.
And, Mr. Chairman, I would just like to kind of tell you my
experience, if you will, as a recreational fisherman who hasn't
been here that long.
When you originally changed the limits, Mr. Schwaab, we, as
recreational anglers, were told that as soon as the limit was
restored, we would get our seasons back. The agency promised us
that we could have a reduction in the number of days, or we
could have a reduction in the number of fish. That is what we,
as recreational anglers, were told. I personally thought that a
reduction in the number of days was better. I expressed that to
Mr. Crabtree. That had to do with the fact that there is less
bycatch and other things. Quite honestly, when you fish out of
Panama City, if you pull a snapper up and you throw him back,
you are feeding a porpoise, not supporting the regeneration of
snapper again. Now, if you are fishing shallow water, it is
different.
But we were told, the citizens of the United States, that
once it came back, we would get our days back. The next year
the agency then took us from 194 to 65 days. And you have
progressively gone down this path of restricting our ability to
fish at all, down to the point where we are under 30 days for
2013.
Now, how is it that, all of a sudden, the quota--the stock
has restored itself to the point that you are going to give us
the highest quota limit that there has ever been in the
country? And why can't we just go to 180-day, 4-fish limit? Why
can't we do that right now? So, that is my question for you,
Mr. Schwaab. Why can't we go to 180 days, 4-fish limit right
now?
Mr. Schwaab. Thank you, Mr. Scott. I included in my written
testimony a graph that basically shows a history of spawning
potential, and where we are in this rebuilding process. And
what it essentially shows is, after a long period of time of
relatively low spawning potential within the stock, we are well
on the way of sort of an upward slope, but we are not up to
that place yet.
So, the short answer is, if we went back to 4 fish and 194
days, not only would we cut short that rebuilding process, but
we would probably go right back to where we were 10 or 15 years
ago, and have lost the gains that fishermen across the region
are seeing, as a result of this rebuilding.
I mean ultimately, the challenge here is that we have much
better fishing than we did 5 or 10 years ago, and that
increased fishing is not only improving success rates, but it
is attracting anglers in a way that could short-circuit and
undermine the rebuilding process that is underway.
And, oh, by the way, as we talked briefly here, I hope that
you will be able to take advantage of some of those fall days.
So your 2013 fishing opportunity is not lost. These ladies and
gentlemen are working on that for you right now.
Mr. Austin Scott of GA. I can--well, we might be up here
protecting people's right to hunt and fish, so--from Federal
agencies. But I don't understand--well, I will just tell you.
The bottom line is things were misrepresented to the
recreational angler and to the commercial angler, as well. And
I don't understand why it has taken so long to get back to it.
I think what the gentleman from Louisiana said, the bottom line
is you don't have the data to support what you did, you were
supposed to have economic impact studies.
I will finish with this. One boat dealer in Georgia went
from selling $15 million a year worth of offshore boats before
you changed your rules to about $3 million. He went from 15
employees to where nobody other than the family and one
mechanic works there. What you did hurt the economy in these
States--Georgia included, even though we are not on the Gulf
Coast.
With that, Mr. Chairman, thank you for allowing me to
participate.
The Chairman. I thank the gentleman. And I want to thank
very much the panel for your testimony. Many times after the
testimony questions come up. And so, if you are asked a
question of the panel as a follow-up, I would ask you to
respond back to the Committee as promptly as you possibly can.
With that, I will dismiss the first panel and ask the
second panel to come forward: Mr. Herbert Malone, Jr., Mr.
Harlon Pearce, Ms. Pamela Anderson, Mr. Wayne Werner, and Ms.
Susan Boggs.
I want to thank the panel for being seated. I think many of
you who are sitting understand the 5-minute rule. Once again,
your full statement will appear in the record, and I would ask
you, in your oral remarks, to keep them within the 5 minutes.
And as you know, when the green light comes on, you are doing
very, very well. And when the yellow light comes on it means
you have 1 minute. And when the red light comes on, I would ask
you to conclude your remarks.
So, we have Mr. Herbert Malone, Jr., President and CEO of
the Alabama Gulf Coast Convention and Visitors Bureau; Mr.
Harlon Pearce, the Gulf Seafood Marketing Coalition; Ms. Pamela
Anderson, Operations Manager of Captain Anderson's Marina; Mr.
Wayne Werner, Co-Founder of the Gulf Coast Professional
Fishermen; and Ms. Susan Boggs, Co-Owner of Reel Surprise
Charter Fishing.
Mr. Malone, we will recognize you for 5 minutes for your
statement.
STATEMENT OF HERBERT J. MALONE, JR., PRESIDENT/CEO, ALABAMA
GULF COAST CONVENTION AND VISITORS BUREAU
Mr. Malone. Thank you, Chairman Hastings and Mr. Sablan,
and members of the Committee, for the opportunity to visit with
you today. My name is Herbert Malone, Jr. I am President and
CEO of Alabama Gulf Coast Convention and Visitors Bureau, a
position I have held for over 20 years. Our entity is an
official destination marking organization representing the
cities of Gulf Shores and Orange Beach, Alabama. Our
destination welcomes over 5 million guests per year who come to
enjoy our beaches, the Gulf, and outstanding fishing. Alabama
currently has one of the largest offshore charter fleets on the
entire Gulf. These charter boat owners and crew, along with the
bait and tackle shops, marinas, boat repair facilities, et
cetera, depend heavily on a steady stream of fishing customers.
Our local fishing industry, in conjunction with the Alabama
Department of Conservation and Natural Resources, over the
years have established a 1,200 square mile permitted artificial
reef zone just off the Alabama coast, which now contains over
17,000 artificial reefs made by these private and public
investments. These reefs have cultivated a habitat for the
largest red snapper fishery in the Gulf, and research has shown
that more recreationally caught red snapper landed in Orange
Beach, Alabama, than anywhere else in the world.
The Draconian decisions of the Gulf Council and National
Marine Fisheries have resulted in an ever-shortening season
that had a huge negative economic impact on our family owned
small businesses. This, in spite of repeated testimony and
common-sense observations by many, including myself, as a
recreational angler, that red snapper off the Alabama coast are
more plentiful now than has ever been seen in a fisherman's--
local fisherman's--lifetime. In fact, they would go so far as
to say that red snapper, rather than being considered over-
fished off the Alabama coast, are actually over-populated.
Due to widely recognized as flawed research models, the
Gulf Council has continued to shorten the seasons down to the
current 28 days in 2013. Around 2007, the spring snapper season
was eliminated, moving the opening day to June 1, which really
was the beginning of the decline in our $600 million local
recreational fishing industry. According to NOAA's own report
entitled, ``Fisheries Economics of the United States''--the
latest version that has State data included is 2009--2006 was
our most productive year in coastal recreational fishing on
Alabama's coast.
Over the next 3 years, we saw a 30 percent decline in the
number of anglers, a 35 percent decline in for-hire charter
trips, and a loss of over 1,600 jobs. This loss of fishing
activity is not only felt in the fishing sector of our local
economy, but also felt in our restaurants, hotels, and also in
our local government's tax receipts.
Let me reiterate. These 1,600 jobs lost from the community
population of less than 6,000 residents. And these are not
corporate jobs by some big corporation. These are jobs that are
actually independent business owners that have not only lost a
job, they have lost a business, they have lost their way of
life.
I spoke recently to one of our most experienced, highly
regarded captains, and asked him about his current situation.
He shared with me that his charter will fish all 25 of the
current 28-day season, having lost 3 days to weather. But
currently, only has 4 days on his books for charters for the
month of July. This is an example of what the market demand is
for red snapper, versus other species of fish.
The failing business model brought about by the actions of
the Gulf Council is--if this practice continues, it will mean
more negative impacts and more failing businesses in our local
fishing industry. By most accounts from the members of our
fishing community I have spoken with, the best hope of relief
is relief from the Federal agency model, and move out to the
resource management turned over to the States via the regional
management plan. Economic indicators and the business
statistics coupled with the obvious health of the snapper
fishery is evidence that the current model has failed. We need
your action to change that model so that our businesses can go
back to a red snapper season that supports viable businesses
and demonstrates to our millions of visitors each year what
good fisheries management can accomplish. Thank you.
[The prepared statement of Mr. Malone follows:]
Statement of Herbert J. Malone, Jr., President/CEO,
Alabama Gulf Coast Convention & Visitors Bureau
My name is Herbert Malone, Jr., and I am the President and CEO of
the Alabama Gulf Coast Convention & Visitors Bureau, a position I have
held for more than 20 years. Our entity is the official destination
marketing organization representing the cities of Orange Beach and Gulf
Shores, Alabama.
Our destination welcomes over 5 million guests per year who come to
enjoy the beaches, the golf and the fishing. Alabama currently has one
of the largest offshore charter fleets in the entire Gulf. These
charter boat owners and crew, along with the bait and tackle shops,
marinas and boat repair facilities depend heavily on a steady stream of
fishing customers.
Our fishing industry, in conjunction with the Alabama Department of
Conservation and Natural Resources, has established a 1,200-square-mile
permitted artificial reef zone just off the Alabama Coast, which now
contains over 17,000 artificial reefs. These reefs have cultivated
habitat for the largest red snapper fishery in the Gulf. Research has
shown that more recreationally caught red snapper are landed in Orange
Beach, Alabama than anywhere else in the world.
The draconian decisions of the Gulf Council have resulted in an
ever shortening season and have had huge negative economic impact on
our family owned, small businesses. This is in spite of repeated
testimony and common sense observations that the red snapper off the
Alabama coast are more plentiful now than they have ever been.
Due to what are widely recognized as flawed research models, the
Gulf of Mexico Fishery Management Council has continued to shorten the
seasons down to the current 28 days in 2013. In 2007, the Council
eliminated the spring snapper season, moving opening day to June 1,
thus the beginning of our fishing industry's economic decline.
According to NOAA's report titled ``Fisheries Economics of the United
States, 2009,'' 2006 was our most productive year in coastal recreation
fishing. Over the next three years, from 2006-2009, we saw a 30%
decline in the number of anglers, a 35% decline in ``for hire''
(charter) trips, and a loss of 1,600 jobs. This loss of fishing
activity was not only felt in the fishing sector of our local economy,
but it was also felt in our restaurants and our hotels as well as in
our local government's tax receipts.
In my position as the head of tourism, I have the opportunity to
speak frequently with many of our business people, including our
charter boat captains. One of our most experienced, highly regarded
captains recently shared with me that he will have fished 25 of this
year's 28 day season, losing only three days to the weather. Currently,
he has only four charters on the books for the entire month of July,
which is the most lucrative month of the year for every other sector of
our tourism economy. This is a failing business model, brought about by
the actions of the Gulf Council. If this management practice continues,
it will mean even more negative impacts and failing businesses in our
fishing industry.
By most accounts of those in the fishing business, our best hope
for relief is to move the federal agency out of this resource
management and turn it over to the states via a regional management
plan. The economic indicators and the business statistics, coupled with
the obvious health of the snapper fishery, are evidence that the
current NMFS/GMFMC is also a failed model. We need your action to
change that model so our businesses can go back to a red snapper season
that supports viable businesses and demonstrates to our millions of
visitors each year what good fisheries management can accomplish.
______
The Chairman. Thank you very much.
Next I will recognize Mr. Harlon Pearce, who is with the
Gulf Seafood Marketing Coalition. Mr. Pearce, you are
recognized.
STATEMENT OF HARLON PEARCE,
GULF SEAFOOD MARKETING COALITION
Mr. Pearce. Thank you, Mr. Chairman and members of the
Committee. My name is Harlon Pearce, and I am pleased to
testify today on red snapper management in the Gulf of Mexico.
I am the owner of Harlon's LA Fish, a seafood wholesaler based
in Kenner, Louisiana, and I am a member of the Gulf of Mexico
Fishery Management Council, and past Chairman of the Louisiana
Seafood Promotion and Marketing Board. Today I am speaking on
behalf of the Gulf Seafood Marketing Coalition, and I will
focus on issues facing the harvesting sector and the supply
chain that depends on us.
Red snapper and other seafood sales are one of the biggest
drivers of the important tourism industry in the Gulf States.
Surveys indicate that tourists closely identify the delicious
and mild flavor of red snapper with the American Gulf Coast. I
am committed to working on a solution that addresses the
recreational red snapper controversy, while also preserving
supply for commercial harvesters and consumers.
While there have been challenges with over-fishing of the
stock in the past, the species is no longer undergoing over-
fishing. It is now being managed under a rebuilding plan which
will allow the species to rebuild back to target population
levels. An IFQ program now provides the harvesting sector with
flexibility to fish during the times that suit their needs, and
the needs of the market, resulting in less pressure on the
fishery. At this time, no similar solution has been developed
for the recreational sector.
While I recognize the seriousness of the challenges facing
the recreational sector, actions taken to remedy their concerns
should not upset the IFQ process that seems to be working
favorably for those dependent on the seafood supply provided by
the harvesting side.
Fortunately, the Gulf Council is moving quickly with a
regional management program for red snapper that will preserve
the equity, sustainability, and transparency guaranteed under
the Magnuson-Stevens Act, while also granting the States a much
broader role in determining catch limits and allocations.
Importantly, no Act of Congress is necessary to see this
concept become a reality.
At last week's Gulf Council meeting, we voted to send Reef
Fish Amendment 39 to the public hearing phase for review and
comment. Amendment 39 would establish a regional management
program that delegates authority to the States to set
management alternatives for recreational red snapper. This
gives States more flexibility in choosing season and bag
limits, but maintains important Federal oversight and
conservation goals. The Gulf Council would continue to oversee
the stock, which is imperative to sustainability of the fishery
and our businesses.
Amendment 39 includes a data collection initiative that is
imperative concerning the Southeast Fishery Science Center's
inability to get real-time data for the recreational sector in
a timely manner. All five Gulf States have sent letters to the
National Marine Fisheries Service agreeing to make this
regional program happen. Importantly, no changes to the
Magnuson-Stevens Act would be necessary to see regional
management become a reality, and the red snapper bill's pending
consideration before Congress would also be unnecessary.
In my written testimony I detail several concerns with
Federal legislation to turn red snapper management to the
States, and I am happy to expand on those concerns during
questioning.
Additional Council activities may further provide fishermen
with needed certainty. The Council agrees on a constant catch
scenario, and we have asked the SSC to give us a constant catch
ABC on the average of the catch limits for years 2013, 2014,
and 2015. That should be somewhere around 11.9 million pounds.
The Council will hold a meeting in New Orleans on July 17th
that will set the fall of 2013 season, and try to begin to set
the 2014 and 2015 seasons. This constant catch scenario will
provide the seafood community with consistent numbers over
time, and an ability to better plan for future seasons. There
is also much discussion among Council members that the red
snapper stocks may already be rebuilt, based on the equilibrium
yield of 11 million pounds per maximum sustainable yield. This
is good news for our fishery and our stakeholders.
While no Federal legislation is needed to solve the red
snapper challenges, I would like to suggest a few general
changes to the Magnuson-Stevens Act would better our Nation's
fishery program, on the whole.
Funding for fishery research and data could come from a 3
percent set-aside allocation, as is done on the East and West
Coast, that would develop a picture of our fishery every year.
We would get constant data sets coming in, so that we would be
able to see the trends up and down on our fishery. Another area
of funding could be from redirecting permitting fees for data
collection programs back to NMFS for the implementation of
fishery management project and research.
The Science and Statistical Committee should be considered
and their recommendation should be just that, recommendations.
Determinations made by SSC should be taken into consideration,
but the role of the SSC should only be advisory.
Finally, it has become obvious that our industry should be
expanded from two individual fisheries into three that
encompass the harvesting, recreational, and charter-for-hire
communities. On the commercial side, our focus must go beyond
the economics of the harvesting sector alone, and consider
seafood consumers throughout the supply chain for increased
consumption of domestic seafood, and more equally balance our
seafood trade deficit. The needs of the consumers, and our
efforts to market U.S. seafood to the public must remain a top
priority.
I hope I have provided you with some clarity on the ways in
which the red snapper challenge can be resolved under current
law, and that no additional Federal legislation is necessary.
Again, maintenance of the Federal framework, which ensures
sustainability for both the resource and our industry is
imperative. Our consumers and the American public depend on it.
Thank you, and I am ready to answer questions.
[The prepared statement of Mr. Pearce follows:]
Statement of Harlon Pearce, Owner, Harlon's LA Fish LLC,
Kenner, Louisiana, Representing the Gulf Seafood Marketing Coalition
Chairman Hastings, Ranking Member Markey and Members of the
Committee, my name is Harlon Pearce and I am pleased to have this
opportunity to testify before you today on the very timely issue of red
snapper management in the Gulf of Mexico. I am the owner of Harlon's LA
Fish, a seafood wholesaler based in Kenner, Louisiana, I am a member of
the Gulf of Mexico Fisheries Management Council, and I'm past-Chairman
of the Louisiana Seafood Promotion and Marketing Board. For purposes of
today's hearing, I will be speaking as an Executive Committee member of
the Gulf Seafood Marketing Coalition (Coalition), a broad-based group
representing all facets of the Gulf of Mexico seafood distribution
chain with a mission of improving the economic well-being and quality
of life for all stakeholders with an emphasis on sustainability,
conservation and transparency. Since my business and my affiliation
with the Gulf Seafood Marketing Coalition are closely aligned with the
interests of the harvesting sector, my testimony today will focus
primarily on the opinions of myself and my colleagues in the harvesting
sector and the supply chain that depends on us.
Red snapper is, of course, an iconic American favorite sought after
by consumers across the country. Seafood sales are one of the biggest
drivers of the important tourism industries in Louisiana, Florida and
the other Gulf states and consumer surveys indicate that tourists
closely identify the delicious and mild flavor of red snapper with the
American Gulf coast. Unfortunately, with modifications to the fishing
seasons implemented in recent years, Gulf coast restaurants and
retailers have encountered difficulty sourcing enough red snapper to
meet demand. Conversely, with availability lowered, there have been
significant price increases, with some New Orleans restaurants
reporting an increase of 100% over past years. I say this to illustrate
that the current red snapper issue is not only a recreational concern
but one facing consumers also. As such, I am committed to working with
Congress, my colleagues on the Gulf Council and others on a solution
that addresses the recreational red snapper controversy while also
preserving supply for commercial harvesters and consumers.
While there have been challenges with overfishing of the stock in
the past, the species is no longer undergoing overfishing and is now
being managed under a rebuilding plan which will allow the species to
rebuild back to target population levels. Starting in 2007, the Gulf
Council and NOAA Fisheries implemented an Individual Fishing Quota
(IFQ) program for commercial red snapper to reduce the number of
vessels and improve the operation of the fishery. The IFQ program now
provides the harvesting sector with flexibility to fish during times
that suit their needs and the needs of the market resulting in less
pressure on the fishery and less pressure on the resource. At this
time, no similar solution has been developed for the recreational
sector and federal management of the recreational red snapper industry
in the Gulf remains highly controversial with fishery managers
drastically reducing fishing days leading to serious economic
implications for the Gulf coast economy. While I recognize the
seriousness of the challenges facing the recreational sector, actions
taken to remedy their concerns should not upset the IFQ process that
seems to be working favorably for those dependent on the supply
provided by the harvesting side.
Concerns with Federal Red Snapper Legislation Designed to Overturn
Federal Authority:
With the goal of maintaining a workable program for the red snapper
harvesting industry in the Gulf, I believe that taking red snapper
management away from the federal government and handing it over to the
states is a tricky course of action and must be undertaken with the
utmost caution. Several bills have been introduced in both the House
and the Senate that grant the states and regional fishery management
organizations (primarily the Gulf States Marine Fishery Commission)
complete authority to manage red snapper in the Gulf of Mexico. The
scope of these bills covers the entire spectrum from granting the
states absolute authority with very little federal oversight to
granting the Commissions expanded authority with a moderate level of
oversight from the Department of Commerce and NOAA. In general, any
action that overturns the federal oversight process established under
the Magnuson Stevens Act (MSA) would be ill-advised for many reasons
and I would like to take this opportunity to expand on a few of those
here.
Fairness in Allocation: Under MSA, fishery management
plans (FMPs) must allocate fishing privileges in a fair and equitable
manner that ensures no particular individual or entity acquires
excessive share of such privileges. It is this principle that supports
granting 49% of the Gulf red snapper allocation to the recreational
sector and 51% to the harvesting sector. If MSA is eliminated for red
snapper and the states are given full authority to determine
allocations, there is no assurance that the harvesting sector, and thus
the consuming public, will be granted a fair share of the resource. As
a member of the Gulf Seafood Marketing Coalition, one of my objectives
is to help preserve a healthy seafood supply chain for consumers and
the market at large. The MSA process has built-in protections that are
invaluable to achieving this goal.
Unclear State Authority: The fishery management system
established under MSA created the Regional Fishery Management Council
process which has become a very functional tool for ensuring regional
coordination and cooperation in management decisions. Boundaries at sea
are very difficult to determine and enforce and, as such, uniformity of
regulations throughout a region has become imperative. Most of the
bills introduced to turn red snapper management over to the states
would result in different management regimes for each of the states.
These regimes would be subject to the fast-changing politics of each
state with little or no consistency. Further, states' fisheries
managers may be independent entities with no oversight from state
executive or legislative branches (as is the case in Florida). Should a
decision come down from the state fishery management entity that is
unjust or unwise, there may be no path for remediation. If we are
trying to reduce confusion for our fishermen, completely eliminating
the consistency inherent in the MSA process this is no way to go about
it.
Sustainability Threatened: Under the Magnuson Stevens
Act, stringent conservation and management measures are in place to
ensure long-term survivability of fish species. I am concerned that if
management authority is taken out from under the federal umbrella with
its many checks and balances, the states will be unable to ensure
protections for the resource. Without the current system of management
decisions designed to achieve optimum yield based on maximum
sustainable yield, I fear massive overfishing might become a reality.
Further, states may not have the infrastructure, either financial or
personnel, to conduct the research and data collection needed to
properly manage important fishery resources. Additional federal funding
would be required to enable the states to carry out new research
requirements and the bills pending consideration today do not make
clear how those funds would become available.
Regional Management Amendment 39:
With all of that said, I do understand the drive in Congress and
among interest groups to take some action that will lead to more
certainty for the recreational red snapper community. Fortunately, the
Gulf of Mexico Fishery Management Council (Gulf Council) is moving
forward quickly with a regional management program for red snapper that
will preserve the equity, sustainability and transparency guaranteed
under the Magnuson Stevens Act while also granting the states a much
broader role in determining catch limits and allocations. Importantly,
no act of Congress is necessary to see this concept become a reality
and I am confident the process will resolve favorably for all parties
concerned in the very near future.
At last week's Gulf Council meeting in Pensacola, we voted to send
Reef Fish Amendment 39--Regional Management of Recreational Red
Snapper-- to the public hearing phase for review and comment and I am
pleased to report that there is great momentum behind getting this
done. In short, Amendment 39 would establish a regional management
program that delegates authority to the states to set management
alternatives for recreational red snapper. This action would give
states more flexibility in choosing season and bag limits but maintains
important federal oversight and federal conservation goals. Further,
the Gulf Council would continue to oversee management of the stock
which I believe is imperative to ensuring long term sustainability of
both the fishery and the businesses that depend on it.
More specifically, the plan would establish five regions
representing all the Gulf states and allocate percentages of the
recreational quota to each state's region. The amendment would exclude
the requirement for vessels with federal charter/headboat permits to
comply with more restrictive red snapper regulations when fishing in
state waters. Further Amendment 39 would establish post-season
accountability measures that would reduce the upcoming annual quota for
any region that goes over their allocation unless the total landings
from the entire Gulf do not exceed the Gulf-wide recreational quota in
that year. Additionally, in an effort to improve recreational data
collection, the Council will be developing a scoping document that
looks at enhancements, revisions and new options for quantifying
private, recreational landings. This data collection initiative is
imperative considering the Southeastern Fishery Science Center's
inability to get real time data collection figures for the recreational
sector in a timely manner. Finally, all five Gulf states have sent
letters to NMFS agreeing to the terms necessary to make this regional
program happen.
It is important to note that no changes to the Magnuson Stevens Act
would be necessary to see this regional management program become a
reality and the red snapper bills pending consideration before Congress
now would also be unnecessary with the speed at which the Council is
moving forward. Further, the Council should be able to do its job
without any additional funding which would certainly be a challenge
should the states undertake a brand new program outside the scope of
the Council process. I am pleased to report that a sound resolution to
the recreational red snapper challenge is well on its way. This
regional management approach partnered with the well-established IFQ
program for the harvesting sector should be sufficient to allay all
concerns from the fishermen, consumers, federal government and the
states while also preserving the long term survivability of this
important fishery.
Council Actions on Stock Assessments and Consideration of a Constant
Catch Scenario:
Additional activities taking place at the Gulf Council with regard
to stock assessments may further provide fishermen with needed
certainty which is a top priority. At our meeting last week, the SSC
stated that the Allowable Biological Catch (ABC) for red snapper for
2013, 2014, and 2015 would be 13.5 million pounds, 11.9 million pounds,
and 10.6 million pounds respectively. The projected drop in ABC was
attributed to two poor year class recruitment. From these figures, the
Council is required to set an Annual Catch Limit (ACL) for each year.
At present, the Council would rather have a constant catch scenario of
11.9 million pounds for all three years as opposed to a steadily
declining catch limit over time. This constant catch scenario would
provide the seafood community with consistent numbers over time and the
ability to better plan for future seasons. The Council will hold a one-
day meeting in New Orleans on July 17th to arrange a framework action
to set the 2013 extra season and, hopefully, finalize plans for a
constant catch scenario for the next three years. Additionally, there
was much discussion among Council members that the red snapper stocks
may already be rebuilt based on the equilibrium yield of 11 million
pounds for maximum sustainable yield (MSY). This is additional good
news for our fishery and our stakeholders.
Suggested Changes to Magnuson Stevens Fishery Conservation and
Management Act:
While no federal legislation is needed to solve the red snapper
challenges, I would like to take this opportunity to address several
aspects to the Magnuson Stevens Act that I do believe can be amended to
better our nation's fishery program on the whole. Three areas that I
would like to see addressed are funding for fisheries research and data
collection, the role of the Science and Statistical Committees (SSCs),
and the concept of expanding our current two sector fishery to a three
sector fishery.
New Funding Sources: Of course, funding for fisheries
research and data collection is a long-standing challenge that has
plagued the entire nation, not just the Gulf Coast region. One solution
to this problem may be to mandate in the MSA that up to 3% of all
allocations be set aside to develop and maintain constant data streams
that help paint a picture of our nation's fisheries every year. These
funds, generated annually by the sale of a percentage of the
allocations for quota fisheries, could be used to support industry-
based surveys, enhanced biological sampling, increased electronic data
reporting and more. I understand this is already being done for several
fisheries along the Atlantic coast and I would encourage the Committee
to examine ways to bring this concept to bear in the rest of the
country.
Another area of funding that could be tapped to improve our
overall fisheries research and management capability could be
from permitting fees. Currently, revenue generated by fisheries
permitting goes into the general fund. Simply redirecting
permitting fees back to NMFS for the implementation of fishery
management projects and research would help fill in some severe
gaps that exist in the current system.
Role of Science and Statistical Committees: The role of
the SSCs is another area that I think can be improved through
amendments to MSA. Currently, Regional Fishery Management Councils are
required to take determinations made by SSCs and incorporate them into
management decisions, despite the fact that SSC recommendations
generally only take fish populations into consideration while excluding
considerations of other economic, human and market factors. Ideally,
SSCs should be consensus groups and their recommendations should be
just that: recommendations. Determinations made by SSCs should be taken
into consideration by the Councils when making management decisions,
but the role of the SSCs should only be advisory. Additionally, in
today's fast-moving world, we should be able to react by calling SSC
and other Council meetings in a more timely manner. The notice period
for meetings should be more flexible to help address very time-
sensitive matters quickly and efficiently.
Additional Fishery Sector Consideration: Finally, it has
become obvious that our industry should be expanded from two sectors to
three in a system that encompasses the harvesting, recreational and
charter/for-hire communities. Each of these sectors has their
individual needs both for the fisheries they harvest and for their
fishermen. On the commercial side, our focus must go beyond the
economics of the harvesting sector alone and consider seafood consumers
throughout the supply chain. If we are to increase consumption of
domestic seafood and more equally balance our seafood trade deficit,
the needs of the consumers and our efforts to market U.S. seafood to
the broader public must remain a top priority.
With this testimony, I hope I have provided the Committee with some
more clarity on the ways in which the red snapper challenge can be
resolved under current law and that no additional federal legislation
is necessary. Again, maintenance of the federal framework for
sustainability, regional management, enforcement and equitable division
of allocations among the sectors are imperative to any plan designed to
eliminate confusion in the red snapper fishery. Our consumers and the
American public depend on it. Further, I hope I've given you some food
for thought with regard to suggested modifications to the Magnuson
Stevens Act that might benefit our nation's fishery management system
overall.
I look forward to working with the Committee on these important
issues and I welcome any questions you may have.
______
Dr. Fleming [presiding]. Thank you, Mr. Pearce.
Ms. Anderson, Operations Manager, Captain Anderson's
Marina, you are recognized for 5 minutes.
STATEMENT OF PAMELA W. ANDERSON, OPERATIONS MANAGER, CAPTAIN
ANDERSON'S MARINA
Ms. Anderson. Thank you, Chairman and Committee members. I
am appearing today on behalf of the Panama City Boatmen's
Association and Captain Anderson's Marina of Panama City Beach,
Florida. Thank you for the opportunity to speak with you
regarding the red snapper fishery issues in the Gulf.
Today I could spend time telling you of hardships,
businesses lost, families put on welfare, or the choosing of
winners and losers in the fishing industry. I could tell you
how our Federal fishery managers have made fish lords of some
who still want even more fish, while demanding that others not
be let into the fishery, even though the annual catch limit has
increased. These are just a few story lines from last week's
Gulf Council meeting. Instead, I will get right to the most
serious issues with the Magnuson-Stevens Act that caused the
previous-mentioned results.
Arbitrary deadlines. As long as the red snapper fishery was
steadily rebuilding, why was it necessary to rebuild more
quickly and eliminate so many jobs? A slower approach would
keep more people employed. Please eliminate deadlines that are
not science-based and so arbitrary as they are written now.
Catch shares. We have been inundated by NOAA Fisheries
Management and environmental groups pushing catch shares,
sector separation, inter-sector trading, days at sea programs,
and fish tags. All are aimed at reducing participation in the
fishery, which is NOAA's answer to rebuilding the fishery.
Those that buy into these programs are desperate to save their
businesses.
Accurate data. The recent red snapper benchmark assessment
was just published in the last month. It has been 8 years since
the prior benchmark assessment on this economically important
fish was completed. And Alaska stock assessments are conducted
annually for economically valuable fish.
Commercial IFQs. According to the shareholders left in the
sector, IFQs are working well. These are the winners, not those
pushed out of the fishery. Now several large shareholders want
more allocation so they can lease them to the recreational
sector. They do not want new allocation given to other
commercial operators who discard thousands of pounds of red
snapper off of Florida's West Coast. Those operators have
grouper shares only. And now that red snapper have spread to
their fishery, they must discard them because they do not own
red snapper IFQs or catch shares. According to NOAA observers,
these grouper shareholders are discarding as much as 700,000
pounds of large red snapper a year.
Consistent seasons. Customers need to know how to plan
their days off and vacations well in advance of the season. In
2013, the season dates changed 4 times in 2 months, and is
still not listed correctly on the Gulf Council's own Web site.
Due to the Section 407 of the 1996 Magnuson-Stevens Act, the
recreational red snapper season must close when the quota is
projected to be met. This must be eliminated. The SSC should
provide advice to the Council. Their hardline ABC constraining
the Council makes sound management decisions more difficult.
Regional management. State fishery managers realize the
economic importance of our recreational fishery, and are
anxious to step up and assist us. The punitive provision in the
red snapper fishery management plan, Amendment 30(b), that
prohibits Federal reef fish permit holders from fishing in
their State waters when Federal waters are closed, must be
rescinded. What was the intent of Congress in implementing The
Magnuson-Stevens Act? Was the intent to manage our fisheries by
putting fishermen out of work? If not, it certainly has been an
unintended consequence.
Did Congress want fishery managers to provide frequent,
accurate stock assessments on economically valuable species?
This has not been the case in the Gulf. Did Congress intend for
fishery managers to oversee the growth of the fisheries so it
could meet the needs of fishing businesses and the fishing
public? A 28-day red snapper season doesn't meet the needs of
anyone.
When Congress mandated the fatally flawed recreational
survey be corrected and updated by 2009, was it because Members
of Congress recognized that accurate data is necessary for good
management? As of 2013, that mandate has not been completed.
Infrequent stock assessments and flawed catch data lead to
uncertainty. Uncertainty leads to burdensome buffers reducing
the ACLs and the seasons. We need improved data, flexibility in
the regulations in fishery management that understands the
importance of the economic impact of the fishery on the Gulf
Coast.
We believe our State fishery managers will work in a way
that grows the fishery and access to it, instead of working to
eliminate our businesses. Despite the good intentions of
Congress to grow and maintain a healthy fishery, there have
been significant unintended consequences with the 2007
Magnuson-Stevens Act. It needs to be updated with common-sense
solutions that will keep the fishery rebuilding, while getting
people back to work. This is America; all of us should have the
opportunity to be winners.
Thank you.
[The prepared statement of Ms. Anderson follows:]
Statement of Pamela W. Anderson, Vice President, Panama City Boatman's
Association, and Operations Manager, Capt. Anderson's Marina
Chairman Hastings, Committee members, my name is Pam Anderson and I
am appearing today on behalf of the Panama City Boatman's Association
(PCBA) and Capt. Anderson's Marina in Panama City Beach, FL. Thank you
for the opportunity to speak with you regarding the Red Snapper fishery
issues in the Gulf of Mexico. I could spend my allotted time here today
telling you of hardships, businesses lost, families put on welfare or
the choosing of winners and losers in the fishing industry. I could
tell you how our federal fishery managers have made fish lords of some
who still want even more fish, while demanding for others not to be let
into the fishery, even though the annual catch limit has increased.
These are just a few story lines from last week's Gulf Council meeting.
Instead I'll get right to the most serious issues with the Magnuson
Act that caused the previously mentioned results.
1. Arbitrary Deadlines--As long the red snapper fishery was
steadily rebuilding, why was it necessary to rebuild more
quickly and eliminate so many jobs? We could have had a slower
approach and kept more people employed. Please eliminate
deadlines that are not science-based and arbitrary as they are
now.
2. Catch Shares--We have been inundated by NOAA Fisheries
management and environmental groups pushing catch shares,
sector separation, inter-sector trading, days-at-sea programs
and fish tags. All are aimed at reducing participation in the
fishery, which is NOAA's answer to rebuilding the fishery.
3. Accurate Data--The recent red snapper benchmark assessment
was just published in the last month. It has been 8 years since
the prior benchmark assessment on this economically important
fish was completed. In Alaska, stock assessments are conducted
annually for economically valuable fish.
4. Commercial IFQ--According to the shareholders left in the
sector, IFQs are working well. These are the winners, not those
pushed out of the fishery. Now several large shareholders want
more allocation so they can lease them to the recreational
sector. They do not want new allocation given to other
commercial operators who discard thousands of pounds of red
snapper off Florida's west coast. These operators have gag
grouper shares only and now that red snapper have spread to
their fishery they must discard them because they do not own
red snapper IFQs or catch shares. According to NOAA observers,
these grouper shareholders are discarding as much as 700,000
pounds of large red snapper.
5. Consistent Seasons--Customers need to know how to plan
their days off and vacations well in advance of the season. In
2013 the season dates changed four times in two months and is
still not listed correctly on the Gulf Council's own website.
It's best for the tourism economy of our community to have the
red snapper season open when the tourists are visiting. Due to
Section 407 of the 1996 Magnuson, the recreational red snapper
season must close when the quota is projected to be met. The
SSC should provide advice to the Council and the Council should
be able to determine higher or lower ABCs based on any new
information provided and therefore, not be bound by the SSC
recommendation as it is today.
6. Regional Management--State fishery managers realize the
economic importance of our recreational fishery and are anxious
to step up and assist us.
What was the intent of Congress in implementing the Magnuson-
Stevens Act? Was the intent to manage our fisheries by putting
fishermen out of work? If not, it certainly has been an unintended
consequence. Did Congress want fishery managers to provide frequent,
accurate stock assessments on economically-valuable species? This has
not been the case in the Gulf. Did Congress intend for fishery managers
to oversee the growth of the fishery so it could meet the needs of
fishing businesses and the fishing public? A 28 day red snapper season
doesn't meet the needs of anyone. When Congress mandated the ``fatally
flawed'' MRFSS recreational survey be corrected and updated by 2009,
was it because members of Congress recognized that accurate data is
necessary for good management? As of 2013, that mandate has not been
completed. In fact NOAA Fisheries' own Dr. Richard Merrick testified
here last month and said ``phone surveys don't work anymore.'' In spite
of his testimony and outcry from fishermen, phone surveys are still
being utilized by NOAA.
Infrequent stock assessments, and flawed recreational catch data
leads to what's called uncertainty. Uncertainty in the data leads to
burdensome buffers that reduce the allowable catch. Reducing the
allowable catch reduces fishing seasons. We need more accurate data and
more flexibility in the regulations. We need fishery managers to
understand the importance of the economic impact of the fishery on our
communities and states. We need fishery managers working in a way that
grows the fishery and access to it instead of working to eliminate our
businesses.
Despite the good intentions of Congress to grow and maintain a
healthy fishery, there have been significant unintended consequences
with the 2007 Magnuson Act. Though fishery managers have been slow and
even derelict in updating stock assessments and catch surveys, make no
mistake, all of the new Annual Catch Limits and Accountability Measures
of the 2007 Magnuson were put in place as quickly as they could
implement them. ACLs and AMs have crushed the industry, causing
confrontations between the commercial industry, the for-hire industry
and the private anglers. Everyone is trying to survive in their
businesses and private anglers are trying to justify the expense of
owning their own boats.
Our Gulf States are keenly aware of the economic importance that
fishing brings to coastal communities. Three of the five Gulf States
have recently given up on the expectation that federal fishery
management will work for their citizens. Texas, Louisiana and Florida
have opted for a red snapper season in state waters that is
inconsistent with the federal season. In an effort to keep states in
line, the Gulf Council proposed and passed amendment 30B which
prohibits federally permitted for-hire boats from fishing for red
snapper in state waters when federal waters are closed to red snapper.
Since 2009 for-hire fishermen have been used as pawns in this battle
between the states and federal fishery managers. This unfair punishment
and violation of National Standards 4 and 9 should be removed from
Amendment 30B, regulation 50 cfr 622.20(b)(3).
Will NOAA Fisheries management plan for Catch Shares, Sector
Separation, Inter-sector trading, Days-at-Sea and Fish tags work to
rebuild the red snapper fishery? Sure it will, if your intent is to put
enough people out of work and off the water. But why not look at ways
to rebuild the fishery with artificial reefs and new science that
enhances the growth of the fishery to meet the needs of the Nation and
the coastal communities? Wouldn't we be better off creating more
habitat, more jobs, selling more fish to the American public? The
demand is there. 80% of the Nation's seafood is imported.
The recent Red Snapper Benchmark Assessment is the first assessment
to implement the new methods of data collection from the MRIP program
that is replacing MRFSS and it includes updated modeling. This new
assessment shows what the fishermen have been saying all along. The Red
Snapper fishery is rebuilding much quicker than expected, but as we see
in other studies it is to the detriment of other species on the reefs,
eating the juveniles of other species such as gag grouper and
triggerfish. We really didn't have to have such harsh restrictions on
this fishery in order to meet the deadlines set in the Magnuson after
all.
Every year we have seen the fishery improve, the quotas, measured
in pounds have increased. But, because the fish are increasing
dramatically in weight and size as happens in a rebuilding fishery, we
meet our quotas much quicker. This type of management is what causes
the seasons to be so short. For instance, in 2006 the quota was almost
the same in pounds as in 2012 with a 6 month season compared to a 45
day season. In 2006, the average weight of the fish was 3.2 pounds, so
the available harvest was approximately 1.4 million pounds. In 2012,
with the average weight over 7.5 pounds the available harvest was only
about 580,000 fish. Now that extra million fish are still out there, at
varying sizes, but due to the quota being figured in pounds we do not
have access to them. Short seasons are hurting tourism across the
coast.
While the communities in NW FL have not invested in an economic
study to tell them specifics about the fishing industry, there is
overwhelming consensus that everyone prospers during Red Snapper
season. I have enclosed a chart that shows the impact of the shorter
seasons on headboats at our marina and on our fuel sales. I know of
similar reports from other marinas across the coast. Ticket sales and
fuel sales increase dramatically with the availability of Red Snapper.
The longer trips and private charter trips are especially impacted
because they are more expensive and the case is made, why pay more if
you can catch your 2 Red Snapper in \1/2\ the time at \1/2\ the price?
That is why you see the longer trips decreasing and the shorter trips
increasing, bringing less revenue to the marina from ticket sales and
fuel.
This years' yo-yo of changes in the length of the fishing season
hurt sales. Folks made reservations thinking they had 28 days in
Florida. Then it changed to 21, changing hotel reservations and days
off work, too. Then it was 26, and they changed again. Now it is 28
days, but some are still looking on the Gulf council website which says
21 days. Reservations are down this week compared to the last three
weeks of full boats. As far as the local economy, our Tourist
Development Council is reporting increases overall in bed taxes. But
when you get specific about where the dollars are being spent and the
hotels that are being used, there is a decrease in those which are
close to the fishing and boating activities. Restaurants, from Waffle
Shops to fine dining establishments in our area of the beaches have had
several years of reduced business. To put it in the words of the owner
of the Capt. Anderson Restaurant, if the parking lot is full of
fishermen in the morning, we are going to have a good night at the
restaurant. If people are not fishing? Not so much.
Now that the recent Emergency Rule has given the Regional
Administrator power to close the season if he believes we have
overfished the quota, not going by facts, but by estimates, it could be
even worse. If folks were to come to the coast, having made fishing and
hotel reservations when they thought we could harvest Red Snapper, and
it closed before we could notify them, we would take the blame.
After six years of costing our communities jobs and businesses,
fishery managers are just now admitting Red Snapper must be more
abundant and more prolific than first thought, in spite of our
overfishing. (Keep in mind that overfishing in their terms is
harvesting more than the Annual Catch Limit that has been set at least
25% below the true overfishing level set by the Science & Statistical
Committee. We have never reached that true overfishing level.)
The MRIP data still does not show how many private anglers there
are who fish for reef fish. Some reports show researchers are using a
number 5 times the true amount. Our States, Florida in particular, are
working on a plan to collect this data inexpensively, but accurately.
This should improve the harvest data even more in the near future and
these plans should not place an expensive hardship on the anglers. That
is the goal of the industry in working with State fishery managers.
We know from experience that it is best for our customers and our
businesses to have consistency in our seasons. It is best for the
tourism economy of our community to have the Red Snapper season open
when the tourists are visiting. That being said, knowing from the SSC
we have a fishery growing more quickly than expected, we need the
fishery managers to not hold back on allocating as much quota as
possible. One fear the Council has is needing to reduce the following
season if there is an overrun of harvest. Due to section 407 of the
1996 Magnuson, the recreational Red Snapper season must close when the
quota is projected to be met. The SSC should provide advice to the
Council and the Council should be able to determine higher or lower
ABCs based on any new information provided and therefore, not be bound
by the SSC recommendation as it is today. The science gives guidance
for National Standard 1, but the other impacts of the rest of the
National Standards should have just as much weight in the decision-
making process.
The Council can set a consistent season over several years now if
the SSC sets the ABCs accordingly, but if the harvest overruns the ABC
set in any one year, they must compensate for the overrun the next
year, causing another inconsistent season. Between 2000 and 2006, the
Council was able to use average catches over time, some years going
over the ACL, others not meeting it. This gave them the ability to
grant consistent seasons-much better for business. And, the fishery was
steadily rebuilding.
In addition, Federal fishery managers have heard testimony after
testimony in the Council meetings of the supreme habitat provided by
petroleum platforms with divers and anglers speaking against their
demise through the Idle Iron project. These platforms are home to
millions of pounds of Red Snapper as well as thousands of other
species, some of which are endangered. Letters have been written to
appropriate agencies from the Gulf Council, designating them as
Essential Fish Habitat. But now, they are discussing having them closed
to fishing and diving. Anglers and divers are the same folks who have
brought this to their attention and that of the public. These are EFH,
but not critical habitat which would close them to fishing. Historical
research has shown offshore of Texas would be a desert as far as fish
are concerned were it not for the petroleum platforms. The fishery
needs these platforms, now artificial reefs, to help in the rebuilding
process and we need them to continue providing fishing and diving
opportunities across the Gulf.
Again, I say, thank you for the opportunity to share this
information with the Committee.
______
Dr. Fleming. Thank you, Ms. Anderson.
Mr. Wayne Werner, Co-Founder, Gulf Coast Professional
Fishermen.
STATEMENT OF WAYNE WERNER, CO-FOUNDER,
GULF COAST PROFESSIONAL FISHERMEN
Mr. Werner. Mr. Chairman, members of the Committee, thank
you for the opportunity to testify. My name is Wayne Werner,
owner-operator of Fish and Vessel Sea Quest. I have been a red
snapper fisherman since 1982.
The commercial red snapper fishery is a huge success story
today. When I first started fishing, our management was broken.
We were in a derby system that told us what days we were
allowed to fish. Then there was over-fishing, market gluts, and
a complete disregard for safety. In 2001, my boat, Wayne's
Pain, sank. I spent 10 hours in a life raft. I am lucky to be
alive.
Fishermen worked for years to fix the system. And I am
proud that we have built an accountable, sustainable, and
profitable fishery. Under individual fishing quotas, over-
fishing has ended. And the stock has improved. Commercial
fishermen have not exceeded their quota, not even once. We have
reduced bycatch by 70 percent. Fishing jobs are better.
Businesses we work with are thriving. We generate income and
create jobs throughout the supply chain, all the while
providing a quality product to millions of American seafood
lovers.
So, why the negative headlines? While the commercial
fishery is a success story under Magnuson-Stevens, the
recreational fishery is chronically mismanaged. The seasons are
short. It routinely exceeds its quotas, it has too many
discards. It is dangerous. Multi-deaths have already occurred
this year. Fixing the problem is going to take big changes.
Unfortunately, the Gulf Council is avoiding the tough
decisions. Instead, some are looking for scapegoats and easy
answers. One rally cry is reallocation of the commercial
fishery to the recreational sector. That would be catastrophic
for fishermen like me, for thousands of commercial-related
businesses, and millions of American seafood lovers.
It wouldn't fix recreational management, even with 100
percent of the red snapper quota. The recreational season would
be extended by just a few short weeks.
Mr. Chairman, let me be perfectly clear that people who
want to reallocate the red snapper fishery are the ones that
are pushing regional management. We fear it is nothing less
than a back-door coups d'etat. State management has ended
commercial fishing for species like trout and redfish. Millions
of American consumers have lost the chance to enjoy those
species of wild-caught Gulf seafood. That must not be allowed
to happen to the red snapper fishery.
Regional management offers nothing new. Some private
anglers and charter boat captains are coming to the Gulf
Council with fresh ideas, such as sector separation, fish tags,
days at sea. But regional management is nothing but the same
old ideas. All it could do is divide the existing problems
between five different governments, hardly a tried and true
recipe for success.
In closing, I, for one, want a successful recreational
fishery in the Gulf of Mexico. But misguided regional
management plans don't help. They could undermine the
sustainable and accountable commercial fishery. Regional
management will not work for us. We don't want any part of it.
Just let the Gulf fishermen do their job providing delicious,
sustainable seafood to every corner of this great Nation. Thank
you.
[The prepared statement of Mr. Werner follows:]
Statement of Wayne Werner, Co-Founder,
Gulf Coast Professional Fishermen
Introduction
Chairman Hastings, Ranking Member Markey, and Members of the
Committee, thank you for the opportunity to testify today on management
of red snapper in the Gulf of Mexico under the Magnuson-Stevens Fishery
Conservation and Management Act. My name is Wayne Werner and I am
owner-operator of the fishing vessel Sea Quest. I have been a red
snapper and reef fish commercial fisherman since 1982, and I've
participated actively in the Gulf of Mexico Fishery Management Council
process since 1988.
Commercial management success
There are a lot of negative headlines coming from the Gulf, but I
want to explain there is good news that people are not hearing. Most
commercial red snapper fishermen think we have a successful system.
It's not perfect, but it is by far the best we've ever had. We designed
a lot of it, and we approved it through a referendum that passed with
over 80 percent of the votes.
When I first started fishing, our management system was badly
broken. The truth is, there were too many of us chasing a rapidly
dwindling resource. We were forced to participate in what was called a
derby system. We would be told which days we could fish, and how many
fish we could catch. Being forced to fish on specific days when the
derby was open had a devastating personal impact on me. I missed 30 of
my kids' birthdays; I buried my mother on the opening day of a derby;
and one year I was out fishing when my father lay on his deathbed. I
had no choice but to fish on derby days to feed my family.
Short seasons during which all the fish were brought to the dock in
a glut kept prices low and had buyers turning to imports to satisfy
demand. Red snapper was overfished; and for many, fishing was no more
than a low-paying part-time job. It was a very dangerous job at that.
If seas were high during the derby season boats would work anyway. One
year, my vessel sank. My crew and I spent 10 hours in a life raft
before we were rescued. I am lucky to be alive.
Many of us fishermen worked for years to fix that broken system.
And Mr. Chairman, I'm proud of what we've built: an accountable,
sustainable and profitable fishery. Since the inception of our
individual fishing quota system, overfishing has ended and the stock
has improved. In the seven years since the system was put in place, the
commercial sector hasn't gone over its quota once. We discard a lot
less fish--in fact, we've reduced wasteful bycatch by seventy percent.
Fishing jobs are better. Businesses we work with are thriving. We
supply red snapper year-round to help serve the growing U.S. markets
for sustainable fish.
Mr. Chairman, I'm part of a fishery that is a jobs engine.
Commercial fishermen in the Gulf of Mexico landed 1.4 billion pounds of
finfish and shellfish in 2009, earning $629 million in landings
revenue. But that is only the start of the benefit my industry brings
to our region and our nation. For example, in my home state of Florida,
the seafood industry generated 65,000 jobs and $2.4 billion in income.
I'm proud of that fact. I'm also proud to be the access point for up to
300 million Americans who don't fish in our oceans but want to enjoy
delicious, healthy seafood. Americans from Spokane, WA to Springfield,
MA can cook fresh, sustainable, wild-caught Gulf red snapper--or enjoy
it at their local restaurant--because of commercial fishermen like me.
The commercial red snapper management system we designed in the
Gulf is working, and we want to build on that success--not tear it
down.
The false promise of regional management
So why all those negative headlines? The unfortunate truth is that
while the commercial fishery has been a Magnuson-Stevens success story,
the recreational fishery is a study in ongoing mismanagement. It is
stuck in a derby fishery like the one we used to have. The recreational
fishery routinely exceeds its quota, discards a lot of dead fish, and
has really short seasons. It's also unsafe: six people have died in the
recreational derby this year alone--four in Texas and two in Florida.
Fixing the problem is going to take big changes, just like we in the
commercial fishery had to face.
The recreational sector has the opportunity to rethink their
fishery from a position of strength: with a rebounding stock that
science-based management under the Magnuson-Stevens Act has made
possible. Some private anglers and charter boat captains have risen to
that challenge and are coming to the table with innovative management
proposals--ideas such as sector separation, fish tags, and days at sea.
These and similar ideas should be given urgent consideration by the
Gulf of Mexico Fishery Management Council.
Unfortunately, too many are avoiding the tough decisions, and are
looking for scapegoats and easy answers. One predictable rallying cry
is to take some fish from the commercial sector through reallocation.
That could obviously be a catastrophe for fishermen like me, for
thousands of commercial-related businesses, and for millions of seafood
consumers. It could also hurt the stock, by giving more fish to
management that doesn't have accountability measures. Moreover, it
wouldn't even start to tackle the recreational management challenge:
even if 100% of the red snapper quota was given to the recreational
sector, it would extend their season by just a few short weeks.
Others want to ignore the best available science and raise quotas
more quickly than the stock can take. This must be firmly rejected.
Allowing overfishing would risk returning us to the dark days when many
anglers simply couldn't catch red snapper because of its depleted
status.
This brings me to the growing calls for ``regional management''.
Mr. Chairman, let me be very clear: the push for ``regional
management'' is nothing less than a back-door attempted coup d'etat. It
represents an orchestrated effort to undermine science-based management
under the Magnuson-Stevens Act and to decimate the commercial sector.
Regional management does not fit the commercial fishery. It is opposed
by all commercial fishermen I know. And it must be rejected by this
committee.
Some participants in the recreational fishery and irresponsible
managers are refusing to face the truth. They don't want to role up
their sleeves and reform a system that has failed. They don't what to
front up to a systematic failure to comply with the law, observe annual
catch limits, and be accountable for overages. They don't want to
grapple with what it means to have a growing number of private anglers
exploiting a precious and finite public resource.
The regional management plan the Gulf Council is working on now
doesn't propose to fix the problem; it just divides it up state by
state. There is no innovation in the ``regional management'' plan that
holds out hope for more effective management--nothing but the same old
ideas. It is not clear whether the states will agree that each should
pay overages back if they catch too much. Except for Louisiana, it
still isn't clear how the states will provide more fishing days or
other benefits. They aren't adding new ways to count the fish better or
faster. So, tell me: how is this ``regional management'' going to fix
anything?
Many of us believe that it's actually likely to be a lot worse than
the status quo. Dividing authority between five different governments
is hardly a tried-and-true recipe for efficiency and success on
anything. We are already seeing infighting over allotments between the
states. How much worse will that get if this plan is implemented? How
will the states agree on enforcement responsibilities? On overages?
But far more troublesome for commercial fishermen is the fact that
state agencies in the Gulf have a track record on commercial fin fish
fisheries that can't be ignored. In the past, I've watched as my
friends in the red fish and trout fish fisheries have been put out of
business and American consumers have lost the chance to enjoy those
species of wild-caught Gulf seafood. And that's what we fear is really
at the heart of this plan. Certain special interests in Gulf state
capitals will stop at nothing to ensure that my friends and me are put
out of our jobs, and American consumers lose access to the sustainable
Gulf red snapper that they love.
Reform
As Congress considers the next reauthorization of the Magnuson-
Stevens Act, I look forward to working with this committee to provide
commercial fishing perspectives on amendments.
One of the ironies of this ``regional management'' proposal is that
devolution of authority to the regions is at the core of the Magnuson-
Stevens Act's council system. Employees of the Gulf States hold five of
the seventeen seats on our council, and governors nominate almost all
the remaining council members. Although I support the council system as
created in the Act, there are problems with the way our council is
currently operating. Congress should examine those problems as they
consider council reform through reauthorization.
I respectfully urge Members to reject reauthorization proposals
that would undermine the successes we have secured. In addition to
turning back ``regional management'' plans that could decimate the
commercial fishery, this committee must reject efforts to weaken or
dilute Annual Catch Limits and Accountability Measures that ensure
sustainable fishing.
Fishermen should also continue to have the ability to vote directly
on big management changes in their fishery. Section 407 of the Act
should, however, be updated, and we look forward to providing specific
language to committee members as the reauthorization process moves
forward.
Mr. Chairman, thank you again for the chance to offer my views
today and I look forward to answering your questions.
______
Dr. Fleming. Thank you, Mr. Werner.
Last, Ms. Susan Boggs, Co-Owner, Reel Surprise Charter
Fishing.
STATEMENT OF SUSAN BOGGS, CO-OWNER,
REEL SURPRISE CHARTER FISHING
Ms. Boggs. Thank you, Mr. Chairman and members of the
Committee. My name is Susan Boggs, and I appreciate the
opportunity to testify before you today on the important issue
of the fisheries management in the Gulf of Mexico. As you may
know, the for-hire industry, including charter-for-hire and
head boats, provides access to millions of recreational anglers
in the Gulf of Mexico every year. My husband and I own three
charter boats that operate out of SanRoc Cay Marina in Orange
Beach, Alabama. We own the charter office at SanRoc Cay Marina
that books for 15 in-shore and off-shore charter boats, in
addition to the 3 charter boats we own. We also own the dock
store at SanRoc Cay Marina that sells fuel, bait, and ice to
private recreational boats and for-hire boats.
There are several species of fish that are critical to the
recreational fishing industry in the Gulf of Mexico, but
perhaps none more than red snapper. Unfortunately, our industry
has suffered under increasingly restrictive management
measures. Fishing seasons have gotten shorter, and bag limits
have gotten smaller. To be clear, on a charter for hire and
head boat, neither the captain or crew can keep any of the
catch. The fish caught on these trips are the exclusive
property of the recreational angler. We only provide access to
their fishery. The lack of accountability measure means that
the recreational sector as a whole, unintentionally but
continually, goes over its quota. Most recreational fishermen
and for-hire captains want to follow the rules.
These factors make it very difficult for the for-hire
operators like us to stay in business. Fortunately, there are
solutions that can simultaneously provide increased access to
fishery resources, while also providing for the long-term
conservation of those resources.
First, we need to ensure timely and balanced stock
assessments. Second, NOAA and NMFS needs to use their most
under-utilized asset, fishermen and stakeholders that utilize
the resource on a regular basis. While not every angler is an
expert on the Gulf fishery, you have many that have been
fishing it for decades and have a lifetime of knowledge. They
have seen how fishing has changed in many ways.
Third, we need to identify where poor data is limiting
access to the fishery, and increase limits where data supports
it. It makes no sense to anyone to strictly limit access to a
fishery, when we know we have poor data.
Recently, some in Congress, along with decision-makers from
around the Gulf, have proposed moving some fisheries into a
regional management program, where States, overseen by groups
such as the Gulf States Marine Fisheries Commission, would
manage their own fisheries. I see many problems with the
proposals that have been made to this point.
My first concern is the ability and resources and manpower
for these groups to take on this task. Then there are boundary
issues that will be a real problem. When the Gulf is split up,
will it be based on miles of shoreline, historical landings,
developed underwater structure, geographical location of
biomass, or a combination of these?
Finally, there is the issue with seasons. If they don't
line up, then you could increase effort at State boundaries as
a consequence with the residents of another State buying
fishing licenses in an adjoining State when their State is out
of season.
The overall problems that we face today are not exclusively
with the Magnuson-Stevens Act. It is with limiting our ability
and options to manage our fishery in an effective way, which we
could do while staying compliant with the Magnuson-Stevens Act.
With all of the challenges we have faced in the fishery, my
husband and a few other head boat owner-operators took matters
into their own hands to direct their own destiny. Working
through the Council process, the several head boats developed a
pilot program as a test to see if a different style of
management would work for their unique business and others like
theirs.
A plan was created that asked for 20 head boats to
participate in an EFP, exempted fishing permit, where using
landings data from our shortest season, which was at that time,
2011, at 44 days. The fish we caught then could be used as the
amount that we would be allowed to catch under this pilot
program, the difference being instead of being restricted to a
set number of days, we could fish then whenever we wanted. This
allows us to fish when the weather is good and comfortable for
our customers, which is safer for everyone. The Gulf Council
voted to support this test program, and we are currently
waiting for approval from NMFS.
Last, I would mention something that should be common sense
to everyone, the effect on the species itself. I am not a
scientist, but I would bet that the shock of pulling everything
out of the biomass at once, versus spreading it out over a much
greater period of time, would be easier on the species.
I would like to thank you again for the privilege of
testifying before your Committee, and I look forward to
answering your questions.
[The prepared statement of Ms. Boggs follows:]
Statement of Susan Boggs, Co-Owner, Reel Surprise Charter Fishing,
Orange Beach, Alabama; Board of Directors, Charter Fishermen's
Association
My name is Susan Boggs, and I appreciate the opportunity to testify
before you today on the important issue of fisheries management in the
Gulf of Mexico.
As you may know, the for-hire industry, including charter-for-hire
and head boats, provides access to millions of recreational anglers in
the Gulf of Mexico every year. My husband and I own three charter boats
that operate out of SanRoc Cay Marina in Orange Beach, AL. We own the
charter office at SanRoc Cay Marina that book for 15 inshore and
offshore charter boats in addition to the three charter boats we own.
We also own the dock store at SanRoc Cay Marina that sells fuel, bait,
and ice to private recreational boats and for-hire boats.
Two of the vessels we own are engaged in head boat fishing
(carrying a minimum of 15 passengers and no more than 35) and the third
is a charter-for-hire (carrying a minimum of 10 passengers and no more
than 22). We offer walk-on trips or shared expense trips that charge a
per person fee. Since it is a large volume of people, we provide access
to the fishery for a very modest fee to those who cannot afford their
own boats. Our customers come from all over the country and are a large
part of the economic machine that drives our coastal communities.
There are several species of fish that are critical to the
recreational fishing industry in the Gulf of Mexico, but perhaps none
more than red snapper. Unfortunately, our industry has suffered under
increasingly restrictive management measures. Fishing seasons have
gotten shorter and bag limits have gotten smaller. To be clear, on a
chart-for-hire and head boat, neither the captain nor crew can keep any
of the catch. The fish caught on these trips are the exclusive property
of the recreational angler; we only provide access to their fishery.
The lack of accountability measures means that the recreational sector
as a whole unintentionally, but continually goes over its quota. Most
recreational fishermen and for-hire captains want to follow the rules.
These factors make it very difficult for the for-hire operators
like us to stay in business. The service we provide to our customers is
access to ocean fisheries, but in recent years government regulations
have prevented us from providing this access. Either the seasons are
closed, in which case going fishing is not even an option, or the bag
limits are so restrictive that customers cannot justify the expense of
going fishing. These increasingly stringent measures are blocking
public access to fishery resources and in the process hurting our
businesses and local economies.
Fortunately, there are solutions that can simultaneously provide
increased access to fishery resources while also providing for the
long-term conservation of those resources.
To understand the controversy over fisheries you must first
understand how we arrived here today. With the increased popularity of
fish like the red snapper in the Gulf of Mexico by the recreational and
commercial sectors we had come to the point in the late 1980's through
the 1990's that it was difficult to even catch a red snapper. The
species had been over fished. Through the Magnuson-Stevens Act (MSA)
and its reauthorization and with NMFS, NOAA and the Gulf of Mexico
Fisheries Management Council; bag limits and seasons have been reduced
to a point were over fishing has ended and many would contend the red
snapper population has rebounded. During this time in 2003 the
federally permitted for-hire fleet decided to put itself under a
moratorium where no new permits would be issued in the Gulf of Mexico.
With dwindling fish populations, this is one way that this group saw it
could contribute to help end overfishing.
Now, what you have to understand is the red snapper fishery was
split into two sectors, the commercial sector which was allocated 51%
of the TAC (Total Allowable Catch) and 49% to the recreational sector.
The recreational sector is comprised of purely recreational anglers who
own their own boat and access the fishery themselves and the for-hire
fleet which provides access to millions of recreational anglers from
across the U.S. each year. These two groups in the recreational sector
operate in an open/closed fishery, meaning that if you want to access
the fishery as a purely recreational angler you can buy a state license
and go fishing. On the other side is the for-hire fleet who has limited
their numbers to help in conservation efforts. For this sacrifice the
for-hire fleet has been losing about 10% of the overall permits year
after year since 2003, and once these federal permits expire they
cannot be reissued. In addition seasons have become more and more
restrictive from 6 months, to 3 months, to 44 days, to this year's 28
days. The commercial sector at one time held back 10% of their catch
each year to ensure that they are not over fishing, we limited our
permits, and the missing link has been an increase in effort on the
fishery from our purely recreational counterparts.
NMFS and NOAA use data collected about the biomass and the effort
on the species to set bag limits and season lengths. The argument that
most stakeholders in the fishery have is the validity and overall
quality of the data that is currently being used. There are some easy
steps that can be taken to start addressing this real problem with
little additional cost and would yield quick results.
First, we need to ensure timely and valid stock assessments. We can
all agree that to manage a stock efficiently you have to have up to
date data that is accurate. Second, NOAA and NMFS needs to use their
most underutilized asset, fishermen and stakeholders that utilize the
resource on a regular basis. While not every angler is an expert on the
Gulf fishery you have many that have been fishing it for decades and
have a lifetime of knowledge, they have seen how fishing has changed in
many ways. It is unacceptable that they are not being used as a part of
this equation. Third, we need to identify where poor data is limiting
access to the fishery and increase limits where data supports it. It
makes no sense to anyone to strictly limit access to a fishery when we
know we have poor data.
Recently, some in Congress along with decision makers from around
the Gulf have proposed moving some fisheries into a regional management
program where states, overseen by groups such as the Gulf States Marine
Fisheries Commission would manage their own fisheries. I see many
problems with the proposals that have been made to this point. My first
concern is the ability in resources and man power for these groups to
take on this task. There are boundary issues that will be a real
problem. When the Gulf is split up will it be based on miles of
shoreline, historical landings, developed underwater structure,
geographical location of biomass, or a combination of these? This could
be a big issue for a state like Alabama where we land a large
percentage of the recreational red snapper, have invested heavily in
artificial reefs but have one of the shortest coastlines. Then there is
the issue with seasons. If they do not line up then there is potential
for an increased effort at state boundaries as a consequence with
residents of another state buying fishing licenses in an adjoining
state when their state is out of season. This could easily double the
effort in the water of the coast of Alabama which could have a negative
effect on our fishery.
The overall problems that we face today are not exclusively with
the MSA, it is with limiting our ability and options to manage our
fishery in an effective way which we could do while staying compliant
with MSA.
With all of the challenges we have faced in the fishery, my husband
and a few other head boat owner/operators took matters into their own
hands to direct their own destiny. Several head boats developed a pilot
program as a test to see if a different style of management would work
for their unique business and others like theirs. A plan was created
that asks for twenty (20) head boats to participate in an EFP (Exempted
Fishing Permit). We are using landings data from our shortest season
which was in 2011 at 44 days. The fish we caught then could be used as
the amount that we would be allowed to catch under this pilot program.
The difference being instead of being restricted to a set number of
days, we could fish them whenever we wanted. This allows us to fish
when the weather is good and comfortable for our customer's which is
safer for everyone. The Gulf Council voted to support this test
program, and we are currently waiting for approval from NFMS.
Another way this requested EFP will help our business is simply
that it spreads the fishing season out. We currently fish as hard as we
can for the set number of days we have and then it is over. This is
hard on our cash flow and on our employees that depend on us for their
paycheck.
Let's face it, our current system of management is a derby fishery
and by design is inherently dangerous. Last year we were contacted by
our insurance agent who asked who he needed to speak with to garner the
for-hire industry some relief, because his claims for slip and fall
accidents had escalated noticeably. Boats have capsized in trying to
fish in rough conditions just to get a two snapper bag limit. This is
completely unacceptable, especially given the fact that we believe that
with the flexibility to manage the time in which the fishery is
accessed this could be avoided almost completely.
Lastly, I would mention something that should be common sense to
everyone, the effect on the species itself. I am not a scientist, but I
would bet that the shock of pulling everything out of the bio mass at
once versus spreading it out over a much greater period of time would
be easier on the species.
I would like to thank you again for the privilege of testifying
before your committee and I look forward to answering your questions.
______
Dr. Fleming. Thank you, Ms. Boggs. I think we are ready now
for questions from our panel. And I will now yield to myself 5
minutes.
We are bottom-line people up here, so let's get to the
bottom line. I am going to go down the panel, as Chairman
Hastings did, and ask you a yes-or-no question.
First question is, yes or no, do you support a change in
the Magnuson-Stevens Act to allow councils more flexibility in
rebuilding over-fished fisheries? We will start with Mr.
Malone.
Mr. Malone. Yes, sir.
Mr. Pearce. Most definitely.
Ms. Anderson. Yes.
Mr. Werner. No, sir.
Ms. Boggs. Yes.
Dr. Fleming. OK. Thank you. All right. Yes or no, do you
support changes to the Magnuson-Stevens Act that would provide
councils with more discretion in implementing the
recommendations of the Scientific and Statistical Committees,
The SSCs?
Mr. Malone. Yes, sir.
Mr. Pearce. It has to happen.
Ms. Anderson. Yes.
Mr. Werner. Yes.
Ms. Boggs. Yes.
Dr. Fleming. OK. Yes or no, do you believe the Magnuson-
Stevens Act should be modified to allow the councils to have
more flexibility in setting annual catch limits?
Mr. Malone. Yes, sir.
Mr. Pearce. Yes.
Ms. Anderson. Yes.
Mr. Werner. Very little.
Ms. Boggs. Yes.
Dr. Fleming. I am sorry. Very little?
Mr. Werner. Very little, yes. Very little bit. Just a
little bit, yes.
Dr. Fleming. Yes, but----
Mr. Werner. Not a lot of flexibility.
Dr. Fleming. A little flexibility, OK.
Mr. Werner. Little.
Dr. Fleming. I understand you. OK, thank you. Yes or no, do
you believe the Magnuson-Stevens Act should be modified to
limit the annual catch limit provisions to those stocks that
are target species?
Mr. Malone. Yes, sir.
Mr. Pearce. I will answer with a yes, but 67 percent of our
fisheries are data poor, so we don't need ACLs on those. So,
yes.
Ms. Anderson. Would you repeat the question, please?
Dr. Fleming. Do you believe the Magnuson-Stevens Act should
be modified to limit the annual catch limit provisions to those
stocks that are target species?
Ms. Anderson. Yes.
Mr. Werner. No.
Ms. Boggs. I am not going to answer.
Dr. Fleming. OK. Well, I think there is general consensus
on some issues, it sounds like. I think we are all desperately
needing more and better data, and certainly more timely data. I
think we all agree with that. And I think there is a broad
consensus that we would benefit with more flexibility. So I
think that is certainly good information, and I thank you for
your answers on that.
OK. Now, this question is for Mr. Pearce. Mr. Pearce, you
note that Congress does not need to act on regional management
because the Council is moving rapidly. Can the Council and NOAA
act quickly enough to implement the plan of 2013?
Mr. Pearce. Right now, our regional management plan is out
to public hearings. We hope that, with any luck at all, by
January to April we will have the regional management plan in
place so that it will be ready for the season for next year. So
I do believe that is going to happen. The resolve of the
Council is to get that done. The resolve of National Marine
Fisheries Service is to hopefully get that done.
So, I think that, whereas the legislation was timely to get
us in gear, it did. But we are in gear, and I firmly believe
that we will be ready for the next season.
Dr. Fleming. OK. The latest stock assessment shows
significant improvement in the red snapper biomass, yet the
recreational season may be even shorter than last year. How is
this possible? Yes, Mr. Pearce?
Mr. Pearce. Really, when it comes to that, the SSC gives us
a certain number we have to manage to. That is a hard, fast
number. We, as a council, don't have any options but to manage
to that number. We have to be able, as a council, to manage
fish and fishermen, and we don't have that option with the hard
numbers that we are given.
If we would have had our way as a council--I know if we had
had my way--we would have had status quo of our fishery this
year, knowing we had a stock assessment on the horizon with all
the anecdotal information showing us that it is going to be a
great stock assessment. Yet we were locked in to a number by
the SSC that forced us to do the things that we had to do in
the number of days.
We have to have the ability, as a council, to look through
that and to manage for fish and fishermen. In the past, we have
managed--before we had a solid ACL number--ABC number, excuse
me, from the SSC, we had a king mackerel fishery there we
managed. We consistently allowed the fishermen to catch more
king mackerel than the SSC said, and we still maintained
rebuilding the stock.
Dr. Fleming. All right. Because I am running out of time,
let me see if I understand you correctly. You say that there
were issues that developed that made that difficult. Was it
lack of data? Was it slowness of data? What was the problem?
Mr. Pearce. The inability of the Council to utilize our
energies at the Council to manage the fishery. We managed the
fish, we are not managing the science correctly. And if we are
given a hard, solid number by the SSC, a hard ABC, we have no
choice but to manage to that number. We need the flexibility to
manage for fish and fishermen, and we don't have that now.
Dr. Fleming. So, not having the ability to manage the data
to help measure yourself or deliver or interact, you are given
data that is perhaps not accurate or not trustworthy, and you
are just having to flex with data that is just not good data.
Mr. Pearce. I am not going to say it is not trustworthy or
not accurate, but it is hard to manage when you are looking at
managing fish, that is one thing. And we do a great job at
that. When you are looking at managing science, that is another
thing. And our SSC is charged with managing science, not fish,
not fishermen. And they give us a number that they have to give
us, because it is mandated by Magnuson-Stevens, and it is a
very conservative number every year. And we continue to go
backwards because of that number.
We have to have, as a council, the ability to have the SSC
as an advisory group only, to give us options that we can
manage to, and allow us to look at the anecdotal information,
allow us to look at what is going to be best for our fishermen
and our country, and manage that way.
Dr. Fleming. OK. Thank you. I now recognize the Ranking
Member for 5 minutes.
Mr. Sablan. Thank you very much, Mr. Chairman. I am going
to stick to the script. I was going to say something, but I am
going to behave and stick--Ms. Boggs, good morning. One of
those rare people who refuse to answer a question. Very smart.
[Laughter.]
Ms. Boggs. If you don't know the answer, don't answer.
Mr. Sablan. No answer, that is good. Again, but in your
testimony you mentioned that you are taking part or
participating in a pilot exempted fishing permit program. Would
you please tell us or elaborate on how this kind of program can
benefit businesses like yours and the angling public?
Ms. Boggs. Yes, sir. The head boat pilot program that we
have applied for, it is an exempted fishing permit. It has not
yet been approved by NOAA--or NMFS, excuse me--but it would
allow us the versatility to fish on days that are not rough,
give us the flexibility to fish any time throughout the year,
not just confine us to, as in this year, a 28-day season. It
just gives us a lot more flexibility. And not just us, but to
the recreational----
Mr. Sablan. And I am assuming that a lot of people want to
fish for red snapper because there are--I am sure they charter
your boats for other kind of fishing, too----
Ms. Boggs. Well, they do. And because we are a tourist area
where we live, we also have a lot----
Mr. Sablan. OK.
Ms. Boggs [continuing]. Of what we refer to as snow birds,
winter guests that come down and stay during the colder months.
Mr. Sablan. Yes, right.
Ms. Boggs. And they don't have the opportunity to catch the
species. And this would allow us that opportunity for them.
Mr. Sablan. Thank you. Thank you. Mr. Werner?
Mr. Werner. Yes.
Mr. Sablan. A number of witnesses have testified that
Section 407 of the Magnuson-Stevens Act relative to red snapper
should be modified. I think you are one of those who said----
Mr. Werner. Yes, I did.
Mr. Sablan. So, what are your thoughts?
Mr. Werner. Well, with the Council makeup today, we have no
representation on our Council. The Harlon Pearces are best
representative commercially. We haven't had a red snapper or a
reef fish fisherman, active reef fish fisherman, be part of
this council process ever. And 407 encompasses the ability for
us to have a referendum to vote on our big changes in our IFP
programs.
And to give you one example, the Council proposed changing
our user fee from 3 percent to 24 percent. In other words,
Congress had basically allowed them the ability to raise a tax
on us, a 24 percent tax. And you know, as I have said, we don't
have any representation. And we just felt like we are--no
representation, and you have given the ability of taxation.
That is just 1 example; I could give you 50 of them.
Mr. Sablan. Yes. Well, I will have another question for
you, Mr. Werner. Some recreational interests have argued for
reallocation of red snapper quota from the commercial sector to
the recreational sector. Can you please explain the benefits
that will accrue to fishermen, consumers, and the economy by
leaving the allocation formula as-is?
Mr. Werner. Well, less than 3 percent of the country goes
recreational salt water fishing. There are over 300 million
people that want access to these fish. And with the dwindling
amounts of fish coming into the country--we have seen large
reductions in fish coming from Mexico, South America--our
demand is getting so high we can't even hardly keep up with it.
We just really need these fish, just to meet the demand of
protein in this country over the next 20 years.
Mr. Sablan. Yes. And, yes, because where I come from, the
fish we would like to catch go migratory or something. But the
anecdotal evidence suggests that the red snapper stock is
rebuilding at a faster rate than projected. However, the vast
majority of the fish are young and have not reached their peak
spawning years.
Mr. Werner, why is it important to establish a more
balanced stock structure, and how would that progress be
inhibited by the impacts of the Deepwater Horizon oil spill?
Mr. Werner. Well, actually, what we are seeing right now--I
am kind of perplexed as to why we got such a large raise in the
quota, because if you look at the biomass, it is going straight
up. And a lot of that isn't because the population of the fish
is growing that fast, it is because of the fish growing in
through the fishery, like you said.
But we see the recruitment down to 1983 levels. And this is
kind of an odd thing, that you have this biomass that is going
up, and the recruitment going straight down. And I will tell
you one thing, sitting at this table. If it goes down like it
does 2 more years, we will probably be sitting at about a 4 or
5 million-pound quota after that.
Dr. Fleming. The gentleman's time is up. The Chair now
recognizes Mr. Wittman for 5 minutes.
Dr. Wittman. Thank you, Mr. Chairman. I would like to thank
the panelists for joining us today, taking your time out. And
referring back to the Chairman's question, I appreciate your
insights on how to best manage red snapper. It sounds like
there is at least a majority of opinion that putting more power
back in the hands of the States, making sure, too, that they
are part of not only the management but also the data
collection, is a more powerful way to do that. I am in
agreement with you. The one individual that didn't agree with
that, I would wonder what his alternative is. More big
government is probably not the best way to go about that. I am
not sure that Washington knows all. In fact, I know that it
doesn't know all.
With that, Mr. Chairman, I am going to yield the balance of
my time to the gentleman from Florida, Mr. Southerland.
Mr. Southerland. Thank you, Mr. Wittman. I appreciate your
kindness. I want to ask some questions.
Ms. Boggs, you made reference to a pilot program that
obviously you and your husband and your company will be a part
of, correct?
Ms. Boggs. Right.
Mr. Southerland. And that has been voted on by the Gulf
Council. Mr. Pearce, how did you vote on that particular
program?
Mr. Pearce. Yes, I did.
Mr. Southerland. OK. How many boats, again? Twenty boats?
Ms. Boggs. The EFP can accept up to 20 boats. We currently
have 11 that have elected to be a part of the EFP.
Mr. Southerland. Eleven boats.
Ms. Boggs. Yes, sir.
Mr. Southerland. OK. And the pilot program will be for 2
years?
Ms. Boggs. That is correct.
Mr. Southerland. OK. I am curious. They will fish year-
round, these 20 boats. And for the 24-month period that they
will be fishing, the other 60 head boats in the Gulf of Mexico
will be tied to the dock and not fishing. Correct?
Ms. Boggs. That is correct.
Mr. Southerland. OK. I want to make sure. Tell me again the
purpose of this pilot program.
Ms. Boggs. We are just seeking a different way to manage
the fish. And----
Mr. Southerland. But wait a minute, now. It seems to me
that if you are managing the fish, if that is the goal, and you
have 20 boats going out year-round, catching fish, and when
they leave the dock, OK, if they are at a dock that has five
head boats, and one boat is involved in the pilot program, the
other four are there, tied up, OK--bills are still coming in to
those boats, companies, by the way--that that is managing the
fish. It seems to me that it is probably a more Draconian way
to manage the fleet. Would it not?
Ms. Boggs. Well, it is interesting that you mention that.
Like I said, there are only 11 boats that have elected to come
into this program.
Mr. Southerland. Right..
Ms. Boggs. They have all been asked if they would like to
participate. So to say they are going to be tied at the dock,
that is pretty much their decision that they have made.
Mr. Southerland. OK. But you have a pilot program, clearly,
that is capped at 20. Right?
Ms. Boggs. Yes, sir.
Mr. Southerland. Not above that. Twenty.
Ms. Boggs. And----
Mr. Southerland. OK? So you have to admit that during
this----
Ms. Boggs. Yes, sir.
Mr. Southerland. You have to admit that during the 2-year
period, the 24 months of having to meet payroll, the 24 months
of having to make a boat payment, the 24 months of having to
put a roof over your head and food on the table for your
children, that those 60 that are not fortunate enough to be a
part of the pilot program are probably at a disadvantage,
correct?
Ms. Boggs. Well, I would like to clarify one point.
Mr. Southerland. OK.
Ms. Boggs. We do not get to fish 12 months out of the year.
Due to the Magnuson-Stevens Act Section 407(d), we have to stop
fishing when all recreational fishing ends. So, if we have a
season that ends on June the 28th, we would only be allowed to
fish January 1st to June the 28th. We don't have a 12-month
season. And that is by the Magnuson-Stevens Act.
Mr. Southerland. Right. And the pilot program would have to
honor that, Mr. Pearce?
Ms. Boggs. That is correct.
Mr. Pearce. That is correct.
Mr. Southerland. OK. So the pilot program is not a year-
round program, it is a 6 month?
Mr. Pearce. That is the way it is set up now.
Mr. Southerland. Six-and-a-half? OK. So the advantage that
those 20 boats would have over the 60 is a 6-month advantage.
Well, actually, if you back off the season, a 5-month
advantage, as opposed to a 12-month advantage, but an
advantage, nonetheless, correct?
Ms. Boggs. It is an advantage, and I do not know who set
the limits on the number of boats that come in. So I don't know
how to clearly answer why the other 60 are not included in the
plan.
Mr. Southerland. I am just curious. The 11 boats that are
currently in the program, are they owned by individuals who own
catch shares?
Ms. Boggs. No.
Mr. Southerland. Mr. Pearce?
Mr. Pearce. I am not sure, but----
Ms. Boggs. And that is what I was just about to say. I
don't know. I would have to look at the list----
Mr. Southerland. Well, you said no. So----
Ms. Boggs. Well, I apologize. But I would have to look at
the list again, which--I don't have the list with me. So I
don't know the answer without seeing that list again.
Mr. Southerland. Mr. Chairman, I see my time is expired
that was yielded to me, and I think we are coming back to me.
Dr. Fleming. The gentleman is correct. Mr. Wittman's time
is expired. I now recognize the gentleman from Florida for
another 5 minutes.
Mr. Southerland. Thank you, Mr. Chairman. Ms. Anderson,
your family is in the head boat business.
Ms. Anderson. Yes, we are.
Mr. Southerland. In Panama City Beach, I believe.
Ms. Anderson. That is correct.
Mr. Southerland. Were you reached out to or contacted to be
a part of this pilot program?
Ms. Anderson. Yes, we were.
Mr. Southerland. OK. In your opinion, the scenario that I
just described, those 60 boats that will not be a part of the
program, the advantage that they will have over a 2-year
calendar period--but obviously, the season would be a 6-month
season, so they would have about a 5-month advantage. If you
are not lucky enough or fortunate enough to be one of the 20
boats, how would that make you feel, to see another boat--let's
say the boat right beside you--going offshore with tourists to
catch fish? Is that a--would that bother you?
Ms. Anderson. It would be a management problem for me. We
manage the Captain Anderson Marina, and we sell tickets to the
head boats through the office. So if one is able to have a
season when the other is not, then it causes confusion,
customers don't understand, and they don't understand why one
boat can catch something that the other boats cannot. It is
really a difficult management problem.
But it also pits one against the other, and we try our, you
know----
Mr. Southerland. That is usually what bad things do.
Ms. Anderson. Yes. And so we try our hardest at our marina
to keep a fair playing field. And this would not do that.
Mr. Southerland. Ms. Anderson, where would the allotment,
the catch, come from? Is that coming from the recreational
sector? Obviously, because head boats tend to serve, obviously,
recreational fishermen who perhaps don't own their own boat.
Ms. Anderson. I am not positive what they are going to do.
I think there have been several options discussed, and I
believe Mr. Pearce would probably be able to answer that
better. But options that I am understanding are that they might
be taken off the top before the allocation was designated, or
it would be from the recreational sector.
Mr. Southerland. Right. Is that correct, Mr. Pearce?
Mr. Pearce. That is correct.
Mr. Southerland. OK. You can see my problem, that it seems
like this is a program that picks and chooses winners. Clearly,
the 60 that aren't a part of the program, I think, would agree
that they are not fortunate enough to go out and work. And so,
I think there is a problem, Mr. Pearce, at the Council level.
For this Council to accept a program that so damages and
continues to divide a sector is--I just want it to be stated
that I think that is ill-advised, and not designed in a way to
help an entire industry, other than--but it does what Ms.
Anderson has claimed. It will further divide, it will further
cause pain. And I will tell you I think that you have not
served the industry well by such a move.
You mentioned--Mr. Pearce, you mentioned in your testimony
that, in your opinion, you would have kept this current season
as is. Is that----
Mr. Pearce. That is exactly right.
Mr. Southerland. OK.
Mr. Pearce. We had a special reef fish committee meeting in
Tampa 6, 8 months ago.
Mr. Southerland. Right.
Mr. Pearce. And I bitterly objected to us dropping the
days, because we knew we had another assessment coming up in a
few months.
Mr. Southerland. Right.
Mr. Pearce. We knew that there was going to be a good
assessment, we felt that it was going to be a good assessment.
And it was time for us to manage for fish and fishermen, not
just for fish.
Mr. Southerland. I know the Gulf Council recently voted on
an emergency rule giving National Marine Fisheries greater
authority to shorten the season, as a result of that rule. I am
just curious how you voted on that particular motion.
Mr. Pearce. The rule that said that anybody went non-
compliant, any State that went non-compliant, would have to be
shut down quicker? Is that the rule you are talking about?
Mr. Southerland. That certainly would not keep the season
as it currently was.
Mr. Pearce. Not keep it as it was?
Mr. Southerland. Well, you said in your testimony----
Mr. Pearce. Right.
Mr. Southerland [continuing]. That if it were up to you,
that you would have kept the season as is.
Mr. Pearce. Correct.
Mr. Southerland. I am just curious how you voted on that
emergency rule giving National Marine Fisheries, and most
specifically Mr. Roy Crabtree, the authority to shut down the
Gulf, or reduce the Gulf in days fished.
Mr. Pearce. I voted against that.
Mr. Southerland. You voted against that?
Mr. Pearce. Yes.
Mr. Southerland. OK. Just curious. That particular--it
certainly passed. Correct me if I am wrong, but when that first
came up, it was voted on twice, was it not?
Mr. Pearce. Correct.
Mr. Southerland. So the first time it was voted down.
Mr. Pearce. Correct.
Mr. Southerland. And then Mr. Crabtree called a closed
session, and then came----
Mr. Pearce. No. It was brought up by one of the people on
the prevailing side called for another vote. He wanted to bring
it back up. And it----
Mr. Southerland. After what I understand was a discussion
from Mr. Crabtree to the Council.
Mr. Pearce. To that individual, I am sure.
Mr. Southerland. Mm-hmm. And then it was called right back
up for another vote, and it was passed, to give him--after that
conversation--to give him greater authority to reduce days
fishing in the Gulf.
Mr. Pearce. Yes.
Mr. Southerland. OK. Do you see the problem with the
integrity of that process, at least the appearance of evil?
Mr. Pearce. I can understand that. And in defense of Dr.
Crabtree, I thought he was doing the right thing. And what he
was trying to really do was penalize States that did not go
compliant, and that would maybe hurt the States that did. So he
had the right intentions, but I think it did happen wrong.
Mr. Southerland. Yes. Very good. I yield back.
Dr. Fleming. The gentleman's time has expired. Thank you,
panel number two, for your testimony, and being willing to
answer the questions. I would also like to thank Members and
staff for their participation and preparation.
Members of the Committee may have additional questions for
the witnesses, and we ask you to respond to those in writing.
The hearing record will be open for 10 days to receive these
responses.
If there is no further business, without objection, the
Committee stands adjourned.
[Whereupon, at 12:20 p.m., the Committee was adjourned.]
[Additional material submitted for the record follows:]
Statement submitted for the record by Pamela Baker, Director,
Gulf of Mexico and Southeast Oceans, Environmental Defense Fund
Thank you for the opportunity to comment on the management of red
snapper in the Gulf of Mexico under the Magnuson-Stevens Fishery
Conservation and Management Act (MSA). Please accept this written
testimony into the record for the hearing.
The MSA has played a vital role in helping to protect stocks from
overfishing, rebuild those that are overfished, and provide for
continued enjoyment of important recreational opportunities. Gulf of
Mexico red snapper has benefited from the MSA's conservation
provisions, but we agree with fishermen and others who have expressed
the need for more effective management of the recreational sector of
the fishery, which faces the shortest season on record this year, even
as managers anticipate that catches will exceed established limits yet
again.
The difficulty providing adequate fishing opportunities for
recreational fishermen is in stark contrast with the success of
commercial red snapper management. Not long ago, commercial fishermen
dealt with regulations similar to those now governing recreational
fishing, such as short seasons, daily trip (poundage) limits, and high
minimum size limits. These rules led to dangerous derby fishing, huge
amounts of fish thrown back dead or dying, economic decline and quota
overages.
In response, the Gulf of Mexico Fishery Management Council (Gulf
Council) overhauled management, by dividing the commercial share among
participants, holding each party responsible for complying with his
limit, and implementing strong reporting and monitoring systems. This
approach, called individual fishing quotas (IFQs), allows fishermen to
benefit from higher quotas when the fish population grows, creating
material incentives to support science-based management. These changes
helped stop overfishing, and red snapper are now available year-round
and helping to meet the growing U.S. demand for wild fresh seafood. In
addition, strong and stable prices for this high-quality fish are
protecting jobs and boosting businesses in coastal fishing communities.
Nearly identical issues to those confronted by the commercial
fishery a decade ago now plague recreational fishermen. As the stock
rebounds and snapper are plentiful and larger, anglers reach their
quotas faster. With recreational fishing of red snapper still based on
failing tools such as season length, daily catch and size limits, get-
it-while-you-can racing is growing more intense and regulations are
forcing anglers to throw back millions of small fish, usually dead or
dying. Moreover, data collection and monitoring systems are outdated,
slow and imprecise, which further undermine faith in management. While
tools like daily catch and size limits are used successfully in many
coastal fisheries, they are not effective for fish like red snapper and
other reef fish that do not survive catch and release well, and are
caught together with other species sharing the same offshore habitat
throughout the Gulf, even if anglers are not targeting them.
Because the management system is not tailored to the particular
conditions of the fishery and data systems are poor, it cannot keep the
recreational sector within its share of the quota or provide the
longer, year-round fishing opportunities anglers want. Recreational
fishermen are rightfully angry and confused as they are told that they
have exceeded their quota even though they individually comply with
tighter restrictions on a growing fish stock.
In the face of this frustrating situation, States and Members of
Congress have suggested that red snapper be managed via ``regional
management'' that divides the red snapper fishery among states and
allows each to manage the fish in both the state and federal waters off
its coast. Some proposals apply only to recreational catch, while
others include the commercial sector. This approach holds promise for
private recreational anglers, but changing the managers will not fix
the problem unless the states have the authority and the incentive to
use new management techniques that are appropriate to the conditions of
the fishery.
For example, states can try methods such as harvest tags, similar
to those used to allot hunting privileges for limited game populations
like deer and elk. Tags could be allocated throughout the year to
accommodate tourist seasons, tournaments, and other priorities. Angler
management organizations, which receive a given amount of fish to
distribute at the local level and allow anglers to manage themselves in
cooperation with regulators, also have promise. Anglers have developed
self-reporting systems that can harness modern technology to greatly
improve data collection and monitoring. Whatever their approach,
states' authority should be conditioned upon demonstrated improvements
in setting, monitoring, and complying with recreational harvest limits
over the existing Gulf-wide plan. While state management agencies have
greater experience with managing recreational species on land and in
freshwater, questions remain concerning how to enforce different rules
in the deep, offshore marine waters off of different states and how to
account for the catch. States can play an important role in improving
management of the recreational sector, but they need to demonstrate how
they would do so in order to justify transferring authority to them.
The for-hire sector occupies a unique position in the fishery,
providing access to offshore fishing grounds for anglers who do not own
boats. Like commercial fishermen, for-hire captains run small
businesses and have a commercial orientation. As such, for-hire
captains could benefit from a specially-tailored IFQ plan similar to
the one designed by the commercial sector so that they can plan trips
and serve customers to make the most of the limited fish. Accordingly,
they are likely better managed by federal regulators, who have greater
experience with such systems.
As the red snapper fishery recovers, we must make sure not to
undermine the benefits a growing red snapper population has provided to
all fishermen, consumers and coastal communities. Real challenges face
recreational managers--whichever level of government they work for--and
that is why improved management tools are urgently needed. Commercial
management has already demonstrated how a healthy Gulf red snapper
fishery can accommodate the ever-shifting demands of society for
recreation and fresh, locally-caught seafood. Congress should encourage
fishermen to work together to improve management to make the most of
the growing red snapper bounty. Thank you for the opportunity to submit
this testimony.
______
[A statement submitted for the record by The Honorable Jo
Bonner, a Representative in Congress from the State of Alabama,
follows:]
Statement submitted for the record by The Honorable Jo Bonner,
a Representative in Congress from the State of Alabama
Chairman Hastings, Ranking Member Markey, Distinguished Members of
the Committee,
I'd like to thank you for once again allowing me to participate as
a guest member of the Natural Resources Committee to discuss an issue
of notable concern for the Gulf Coast, the mismanagement by federal
regulators of the Red Snapper fishery.
I wish to thank the committee for holding this hearing and for also
inviting Chris Blankenship, Director of the Marine Resources Division
of the Alabama Department of Conservation and Natural Resources, Herb
Malone, President/CEO of the Alabama Gulf Coast Convention & Visitors
Bureau as well as Susan Boggs, Co-Owner Reel Surprise Charter Fishing
to testify about the negative impact of the National Marine Fisheries
Service (NMFS) and Gulf of Mexico Fishery Management Council fish
management practices on our state and the Gulf Coast as a whole.
I was last here on October 27, 2011, participating in a hearing
looking into the operation of the Gulf Coast Claims Facility, following
the Deepwater Horizon Oil Spill of 2010. The oil spill, coupled with a
flawed claims process, left thousands of residents along the Gulf Coast
out of work and improperly compensated for damages.
This conversation we are having today is similar in nature and of
equal concern along the Gulf Coast. The mismanagement of the reef-fish
fishery in the Gulf, specifically Red Snapper, has been frustrating to
say the least. Data gathered by scientists in each of our states and
anecdotal evidence from resource user groups have quantified the
abundance of Red Snapper. Even so, NMFS continues to enact draconian
restrictions based on their own flawed data, which flies in the face of
good science and common sense.
Earlier this year, I introduced H.R. 1219, the Gulf Fisheries
Fairness Act, in an effort to provide the Gulf States with the
appropriate authority they need to manage a fishery they are very
capable of regulating, and to give our fishermen and tourism industry
the life-line they so desperately need. It's important we recognize a
one-size-fits-all reef fish management policy in the Gulf is antiquated
and doesn't accurately reflect decade's worth of reef management
policies implemented by our states.
We hold this hearing today on the eve of Red Snapper season's last
day. Beginning on the first of June, federal regulators gave the people
of Alabama a mere 28 consecutive days to go fishing. Now, here we are
on the 27th day of June wondering where the time went. We did not get
to fish every day, every weekend or every week for that matter. Some of
us were lucky to get in one fishing trip, lasting less than an hour
before limiting out and heading back to the dock.
This is certainly not a sustainable model for anyone who runs a
business on the Gulf Coast. What often goes unnoticed is the size and
reach of the fishing community beyond the shoreline. Local economies
directly impacted by unnecessarily stringent restrictions on fishing go
far beyond our charter boats, commercial vessels and private anglers.
Local bait and tackle shops, gas stations and marinas, boat dealers,
restaurants, grocery stores and the hospitality industry all bear the
impact of overly restrictive fisheries management policies. Tourists
book trips months in advance of the summer season to fish on charter
boats, stay in local residences and hotels and eat at local restaurants
that all feature Red Snapper on the menu.
In order for us to see any real change in fishery management
practices we need strong and accurate science. Our states stand willing
and ready to gather the data that NMFS knowingly disregards. The
current baseline data used to determine ``overfishing'' is wholly
inaccurate, based solely on dockside counts and not accounting for the
approximately 20,000 artificial reefs the State of Alabama has
proactively established.
I strongly believe that including studies of fishery independent
data by using long lines and reef cameras at both public and private
locations as well as many other methods will greatly improve our data
set and provide a more accurate picture of the Gulf of Mexico fishery.
Mr. Chairman, we have seen time and again where the heavy hand of
the federal government isn't getting this right. We've tried what
National Marine Fisheries has directed and the problem gets worse, not
better. It's time to try something new and let the states--who have a
vested interest in the health of the Red Snapper fishery--have a chance
at managing the fishery.
______
Statement submitted for the record by the
Gulf Fishermen's Association, Clearwater, Florida
My name is John Schmidt and I have been fishing in the Gulf of
Mexico for more than 25 years. On behalf of the Gulf Fishermen's
Association, I would like to thank you for the opportunity to submit
written testimony related to Red Snapper Management.
We are strongly opposed to shifting Red Snapper management away
from the Gulf Council and National Marine Fisheries Service. Our
members and every commercial fisherman at last week's Gulf Council
meeting in Pensacola, FL who gave public testimony felt the same way.
Here are just a few of the reasons why:
These fish belong to ALL Americans, not just the Gulf States. Less
than 1% of Americans can go catch their own Red Snapper. Recreational
Gulf State fishermen catch half of Red Snapper caught in the Gulf. All
of America gets the other half.
State management is dominated by recreational fishing interests,
and consumers are largely unrepresented. A shift away from Federal
management is a shift away from fresh domestic seafood for millions of
Americans who have invested in our fisheries. These Americans need and
deserve congresses protection.
Gulf Red Snapper are one of America's most prominent fisheries
successes. Fifteen years ago nobody was fighting over Red Snapper
because there weren't many to fight over. Today it's clear that the
rebuilding process is working and abundance is increasing.
The commercial sector that catches fish for Americans has
established a management system that never exceeds its quota, has world
class data collection, enforcement, and provides fresh domestic seafood
year round. The economic value of the resource has increased
exponentially and contributes more to society per pound of fish than
any other management system.
Some recreational leaders, on the other hand, are working to take
away more fish from America. Despite the fact that they already get
100% of freshwater fish, near 100% of inshore saltwater fish, 100% of
game fish, and a disproportionate amount of reef fish, they want more.
These are the only people resisting better management ideas.
Congress should work with the recreational sector to create a
better management system for them. The commercial sector has been
working for years and has made many sacrifices to get to where we are
today. We have learned many lessons and would look forward to sharing
them with Congress if there are ways they can be applied to the
recreational sector as well.
Red Snapper is part of the Federal Reef fish complex. They inhabit
the same places as other reef fish and ultimately need to be managed a
group to yield the best benefit to the country. They don't stop and
start at 20 fathoms and you can't just separate out one species. Having
two entities manage these species is economically inefficient and rife
with conflict. There is no evidence that States are equipped to manage
offshore fisheries.
States already have a substantial role in managing federal reef
fish. The Gulf council is made up almost entirely of people appointed
by governors of Gulf States. Members of every state fishery agency sit
on the council. Much of the data they consider comes from the states.
The only thing missing is representation from the rest of America that
pays for it. If there were representation from the 98% of Americans
that depend on fresh domestic seafood, this initiative to take it away
from them would never have happened.
I want to thank Congress for the role it has played and America for
the commitment it has made to healthy fisheries. Now we need you to
protect America's portion as our fisheries rebuild.
Sincerely,
Gulf Fisherman's Association Board of Directors:
Glen Brooks: President, Cortez, FL 941-920-7302
Dean Pruitt: Vice President, Clearwater, FL 727-512-2609
Jim Clements, Board Member, Carrabelle, FL 850-544-5703
Brad Kenyon: Board Member, Tarpon Springs, FL 727-639-0643
Jason Delacruz: Board Member, Seminole, FL 727-639-6565
John Schmidt: Board Member, Palm Harbor, FL 727-403-6281
Will Ward: Board Member, St. Petersburg, FL 727-638-8316