By any measure, red snapper management in the Gulf of Mexico
has become one of the most contentious, most polarized and most bitterly
debated fisheries issues on any coast of the United States.
Most fishery debates see regulators pitted against
harvesters challenging the need for new rules, or perhaps commercial and
recreational fishermen, or users of different types of fishing gear, fighting
about allocation.
Red snapper has included all of that and more, with commercial
and recreational fishermen fighting over allocation, private boat anglers battling
for-hires, recreational
fishermen criticizing federal regulators, federal regulators in conflict with
state regulators, conservation
and angling organizations suing federal regulators over red snapper bycatch in commercial
shrimp trawls, commercial
fishermen suing the same federal regulators over recreational overharvest,
and anglers
attacking the conservation community for doing their jobs and trying to rebuild
and conserve the red snapper stock.
In short, Gulf red snapper management has been a convoluted
and sometimes seemingly insolvable mess, with too many people willing to take
the easy road, and throw stones at the other parties, rather than doing the
hard work of sitting down and talking through the issues in order to ultimately
craft a solution that works for everyone.
For the past few years, management has been mired in
litigation, proposed legislation and hyperbole.
In the past week, something new and completely unexpected
was added.
Hope.
Not a solution, you understand. That still lies far away.
But hope that people may be able to sit down and reach some
kind of compromise, which will put down a marker that finally establishes a place
where the road to a solution begins.
It started as a rumor, maybe a week ago, that somebody in
Congress was going to do something to address the short recreational red
snapper season in federal waters, which lasted just three days this year.
Then, a couple of days ago, someone e-mailed me an article from
Louisiana Sportsman. It announced
that
“LouisianaSportsman.com has learned negotiations are
currently ongoing between the U.S. Department of Commerce, the U.S. House of
Representatives and the five Gulf states to potentially expand the
just-concluded three-day 2017 recreational red snapper season in federal waters…
“According to an unnamed source with knowledge of the
negotiations, all five Gulf states’ wildlife and fisheries commissions must
unanimously agree on how the season expansion would work.”
According to Louisiana
Sportsman, the parties are considering either a 27-day season, with fishing
permitted only on Saturdays and Sundays (plus on the 3rd and 4th
of July, which fall on Monday and Tuesday this year), which began on June 17
and ended on September 4; the same 27-day season, with the additional
possibility of a fall season in state waters; or a 39-day season, with fishing
on Fridays, Saturdays and Sundays, plus the 3rd and 4th
of July, which began on June 16 and ended on September 4th, with no
fall season in state waters allowed.
Most notably, the preliminary information indicates that, except
for a possible fall season, there would not be any red snapper fishing
in state waters when the federal waters are closed.
Any extended season would apply only to anglers fishing from
private vessels; the season for federally-permitted for-hire boats would remain
unchanged.
When I first read the Louisiana
Sportsman article, I thought that it was a worthy effort, but doubted that
Texas would go along. I just didn’t
believe that Texas would be willing to shrink its 365-day state water season to
just 39 days (more or less, depending on how long any fall season ran) in order
to gain 24 days of fishing in federal waters.
That concern was echoed in
an article that appeared on the website of Corpus Christi-based TV station KRIS,
which announced the ongoing talks, but noted
“If extended, the longer federal season would open up more
weekends this summer for recreational fishermen in to pursue red snapper in the
deeper, often more plentiful federal waters—which begin nine miles from the
shoreline. On the other hand, it may
also threaten year-round access to fishing for red snapper in state waters off
Texas.”
However, the State of Texas is actively involved in the
talks, and seems to be making a good-faith effort to reach a solution agreeable
to everyone. On June 7, the Texas Parks
and Wildlife Department issued a press release announcing that
“The Texas Parks and Wildlife Department (TPWD) will be
seeking input during upcoming public meetings regarding the possibility of
extending the federal recreational red snapper season…
“The options being considered would allow recreational
anglers to fish for red snapper in federal and state waters on weekends only beginning the third weekend in
June through Labor Day. However, with
increased fishing days this summer in federal waters each Gulf state would be
required to have closures in state waters during the weekdays this summer and
possibly into the fall. Currently, Texas
allows recreational anglers to fish for red snapper year around in state
waters.”
That certainly sounds as if Texas state managers are willing
to be a part of the solution, should the states and the Commerce Department
reach agreement.
Again, there is hope.
There are also a few potential perils along the way.
First, all of the states have to agree on a single state and
federal season. Given the apparent
willingness of Texas, which would give up the most state-waters days, to reach
an agreement, there’s a pretty high likelihood that the states, and hopefully
the Commerce Department, will work something out.
If and when they do, anglers in each state will be given the
opportunity to comment on the proposal.
It’s difficult to predict what their reactions will be. Will Texas anglers be willing to give up 326
days of fishing in state waters in exchange for just 24 days of fishing farther
offshore? If Texas anglers do go along,
will anglers in any other state try to torpedo the agreement?
Finally, even if everyone buys into the program, there is
still the hurdle of federal law.
The Magnuson-Stevens
Fishery Conservation and Management Act requires federal fishery managers
to prohibit overfishing for all federally-managed species, including red
snapper; the court decision in Natural
Resources Defense Council v. Daley, handed down seventeen years ago, requires
all fishery management measures to have at least a 50% chance of achieving
their goals.
Can the Commerce Department demonstrate, using the best
scientific information available, that there is at least a 50-50 chance that
overfishing will not occur if the federal fishing season is extended?
If not, any such reopening will probably be met with a
lawsuit, brought by either conservation or commercial fishing interests who
wish to shield the red snapper stock from recreational overharvest.
But if a reopening is supported by adequate data, it will
represent a big step forward, and one that should be actively hoped for and
supported by everyone concerned with the health of the red snapper population.
Agreeing to bring state and federal red snapper seasons back into harmony would only be a first step; there would still
be a long way to go before state and federal managers could return to a
consistent, comprehensive and effective plan to manage the recreational red
snapper fishery throughout the Gulf of Mexico.
Yet, assuming that an agreement on seasons is reached, we
might want to remember
the words of Winston Churchill who said
“Now this is not the end.
It is not even the beginning of the end.
But it is, perhaps, the end of the beginning.”
And that, in itself, is a good thing, for beginnings are
perilous times.
By putting the chaotic beginning of the red snapper debate
behind them and moving forward, state and federal managers would be taking a
big step toward a real end that will benefit everyone—including the red snapper
stock.
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