Thursday, November 3, 2022

BELIEVE IT OR NOT: "CHANGES IN RECREATIONAL REGULATIONS HAVE RARELY, IF EVER, RESULTED IN A DIRECT FISHERY RECOVERY"

 

I first wrote about the declining fortunes of Louisiana’s speckled trout (more properly, “spotted seatrout”) population over six years ago, when I noted that some fishing guides were complaining that they were frequently releasing between 50 and 150 trout, which were under the state’s 12-inch minimum size, each day, as they tried to find legal-sized fish for their clients, with one guide saying

“My theory is that the fish aren’t getting a chance to grow up.  The minute they hit 12 inches, they’re getting killed.”

At the time, Louisiana fishery managers weren’t too concerned about the health of the speckled trout stock, even though its 10% spawning potential ratio was well below the 18% SPR that the state had set as a gauge for the stock’s well-being.  They believed that, because the species matured early and began spawning in its first year, there was virtually no risk of stock collapse.  They also admitted that

“The current limits, biologically speaking, are designed to maximize angler yield while not putting the stock into a condition where we may see recruitment overfishing,”

and that managers

“walk a tightrope between getting full public use out of a renewable resource and harming a fishery at least in the short term.”

I revisited the issue three years later, and discovered that Louisiana’s benign neglect of its speckled trout population did not do the fish any good.  A 2019 stock assessment determined that its speckled trout stock had been overfished since 2014, that the stock had experienced overfishing in six of the past ten years, and that the spawning stock biomass and the population of females at least 3 years old was the lowest on record.  As a result of such woes, recreational speckled trout landings were at their lowest point in nearly 30 years, yet angler effort continued to rise.

Even though a state fishery manager publicly admitted that

“I think everyone knows that we’re reluctant to change regulations,”

Louisiana realized that their speckled trout were in real trouble, and began moving toward more restrictive angling rules.  At the time, I didn’t criticize the state’s admitted reluctance to change the rules, but instead recognized that

“when all is said and done, changing fisheries regulations is always a difficult thing for state managers to do, at least when the regulations are being made more restrictive.  Some elements of the fishing community will always be opposed to any reduction in harvest, with industry folks claiming that they’ll lose too much business, and some anglers claiming that their ‘right’ to fish is being infringed.

“When that happens, fishery management becomes more a political process than a scientific one.  Needed changes supported by the professional fishery managers are often abandoned when politicians intervene; no matter how badly such measures are needed, managers know that they will end up in a bitter fight, not only with elements of the public, but often with higher-ups in their own department and in the governor’s office, before such rules are adopted.

“Faced with that reality, state managers are often loath to propose harvest restrictions, and delay far too long, to the detriment of fish stocks, before putting them in place.”

Unfortunately, we may now be seeing just that scenario beginning to play out with respect to Louisiana’s proposed, and badly needed, speckled trout regulations, even though state regulators went to great pains to craft regulations that would both benefit the troubled stock and be acceptable to the majority of the state’s anglers.

Soon after the 2019 stock assessment revealed the depth of the problem, Louisiana crafted multiple sets of proposed regulations that were all calculated to reduce speckled trout fishing mortality by 20%, and released them to the public for comment.  Eight public meetings were held in 2020, which were attended by 670 people, 113 of which provided comment.  In addition, surveys regarding the proposed regulations were emailed to 10,940 randomly-selected anglers; the state sent two rounds of follow-up reminders in order to get the best possible response rate.  1,259 anglers, 13.9% of those to whom surveys were sent, responded.  The same survey was also posted on the state’s web page, which garnered 1, 549 responses.

As might be expected, anglers expressed a wide array of preferences, with some wanting no change at all.  But when anglers were asked whether they were concerned about the speckled trout’s coast-wide status, about 55% of them said that they were.  There was strong support for reducing the bag limit from 25 to 15 fish, an option not originally presented in the public meetings, but which was added to the surveys due to public support.  Over all, despite its absence from the choices first provided for the public meetings, angler comment favored a 15-fish bag and 13 ½-inch minimum size, with a 12-fish bag and 13-inch minimum in second place.

Louisiana repeated the angler outreach exercise in 2021, this time relying on 10,000 surveys sent to randomly-selected anglers, and an identical survey posted on the state website.  About 1,000 anglers, somewhat less than the year before, responded to the email survey, but the response to the web survey overwhelmed the 2020 response, with more than 4,000 anglers providing their views.  An analysis of the responses disclosed that

“many fishermen felt the seatrout stock had grown worse in recent years,”

and

“a majority from both surveys indicated they were moderately to extremely concerned for the spotted seatrout stock.”

When asked about specific management options, around 38% of 2021 respondents expressed something between slight and strong support for the status quo of 25 fish and a 12-inch minimum size; even so, close to 85% of all such respondents agreed to the state adopting new regulations.  Of all of the possible bag/size limit combinations, only two, the same 15-fish bag and 13 ½-inch minimum size that was favored the year before, and a new option that featured a 13-fish bag and 13- to 20-inch slot limit, with one fish over 20 inches, received strong support.

Based on that angler feedback, Louisiana fishery managers chose to put the combination of 15-fish bag and 13.5- (or possibly 13-) inch minimum out for public comment, believing that it would have the strongest support.

And, based on the prior scoping comments, maybe it does, but there is one big voice that doesn’t particularly like it, and that’s the Louisiana chapter of the Coastal Conservation Association.  In a position paper posted on its website, the organization wrote that

“CCA Louisiana believes that a reduction in the daily bag limit to 15 fish per angler is appropriate, and feels strongly that the minimum size of 12 inches should remain intact.  This should be part of a comprehensive plan to address issues within the ecosystem associated with speckled trout.  [emphasis in the original]”

That’s fine as far as it goes.  Everyone is entitled to their own opinion, and nothing requires CCA Louisiana to agree with the state’s proposal.

But when you start reading the rationale for the CCA position, things don’t really add up.

There is, of course, the obligatory, if questionable, statement that

“Recreational anglers have always been the primary stewards of our marine resources,”

which is quickly qualified by language saying that such stewardship is accomplished

“through funding, advocacy and demanding better science and management.”

Left unsaid is that the funding generally takes the form of state fishing license fees that anglers are required to pay, the advocacy generally takes the form of shutting down commercial fisheries for some species and instituting commercial net bans for others, and that the demands for “better science and management” generally involves demands for science and management measures that would increase recreational harvest, not fish abundance.

That might be a form of stewardship, but whether it represents good stewardship is very much in doubt.

And that trend continues in CCA Louisiana’s speckled trout position paper, where the organization states, presumably with a straight face,

“Based on our experience, changes in recreational regulations have rarely, if ever, resulted in a direct fishery recovery.”

My first thought on reading that was, “Did you ever hear of striped bass?”  But then I looked at the statement again, and realized that it was just another example of CCA weasel-wording a statement in order to mislead its readers.  The qualifier “Based on our experience” eliminates fishery recoveries that occur outside of Louisiana, and in that state, restrictions on anglers are historically rare.  And what is a “direct” fishery recovery, as opposed to an “indirect” recovery? 

We can only wonder.

But we also have to realize the CCA Louisiana had little choice but to dissemble.  Historically it, along with other CCA chapters, promoted an approach to fishery management that blamed the commercial fishing industry for any and all of a fishery's ills.  

If a stock is in bad shape, CCA characteristically ignores any recreational contribution to the problem, and instead tries to eliminate gill nets, or perhaps the entire commercial fishery.  I still recall being at a meeting at CCA’s national headquarters in Houston, talking about the Atlantic States Marine Fisheries Commission’s twenty-year failure to rebuild the overfished tautog stock, when the only response I got was “Make it a gamefish!” and eliminate the commercial fishery, which was nonsensical, given that over 90% of tautog landings were, at that time, attributable to the recreational sector.

But the organization could not, and still cannot, publicly admit that the recreational sector can have a negative impact on fish populations.

That puts it in a bad position on Louisiana speckled trout given that, over the past decade, only 0.1% of all landings are attributable to the commercial sector.  Thus anglers are, as a practical matter, solely responsible for the stock being overfished.

But to an anglers’ rights group such as CCA, accepting responsibility for a fishery’s decline is a very, very, very, very bad thing to do.  It might lead to harvest restrictions.  Thus, in the absence of a commercial fishery that it can blame for the speckled trout’s problems, CCA Louisiana must argue that

recreational changes cannot be the only remedy.  That will not fix the problem, as there are many other factors that impact speckled trout.  Some of those factors are difficult to manage like water conditions, weather, and other environmental issues.  However, some are able to be managed, and should absolutely be considered as part of the overall plan to the address the management [sic] of speckled trout, as well as other recreational stocks.  Some of those include:  1) Coastwide and regional forage reduction, 2) Marine habitat and reef degradation, 3) Bycatch, 4) Marine fisheries restocking programs, 5) Stock evaluation protocols and programs, 6) Ecosystem level management.  [emphasis in original, internal formatting omitted]”

It’s important to note that, of the six points listed, five have no direct relationship to the recreational fishery—again, the intention is to deflect the blame—while the sixth arguably acknowledges excessive recreational landings, but would remedy the issue with “Marine fisheries restocking programs” rather than with restrictions on anglers’ harvest.

And yet CCA Louisiana has the temerity to say that

As conservationists, we can lead the way by supporting a creel limit of 15 fish while maintaining the 12-inch size limit,  [emphasis in original]”

while admitting immediately thereafter that

“Louisiana anglers harvest less than 2 trout per trip on average…we see a reduction from 25 fish to 15 fish as a reasonable move.”

In other words, the organization is willing to grudgingly accept a change in the bag limit that will have no meaningful impact on most fishing trips, but is very unwilling to accept an increase in the size limit that might actually reduce the average fisherman’s harvest.

That’s not exactly “conservationists…lead[ing] the way…”

CCA Louisiana tries to justify its opposition to a larger size limit by suggesting that there might be an

impact on female trout if a shift to a larger minimum size adjustment occurs,  [emphasis in original]”

but the science isn’t in accord with such concerns.  While female speckled trout do grow larger, and grow more quickly, than males, a Louisiana fishery manager noted, at the August 6, 2020 meeting of the Louisiana Wildlife and Fisheries Commission, that increasing the size limit from 12 to 14 inches would only increase the harvest of female trout by 3%.  That’s hardly a significant increase when compared to the 20% decrease in overall harvest provided by the proposed regulations.

In fact, it is the current regulations, which permit the harvest of 12-inch fish, may place a disproportionate burden on females.  The minutes of the November 4, 2021 Wildlife and Fisheries Commission meeting reveal that

“the Commissioner asked how old was a 12-inch fish and he was told that it varied, but typically an age 1 female could be 6-13 inches and a 1 year old male could be 5-11 inches with the majority of the harvest being females.  Commissioner McPherson then stated that the 1 year old males (11-11 ½”) were being thrown back but the females (12” or more) were being taken out and Mr. Adriance [the state fishery manager] felt that was a fair statement.  [emphasis added]”

So it appears that CCA Louisiana’s concerns about a larger size limit adversely impacting female speckled trout are misplaced.  That is, if such concerns exist at all, and aren’t merely being presented as a smokescreen, to avoid meaningful harvest restrictions.

The simple fact is that Louisiana’s speckled trout are overfished, and harvest needs to be reduced.  And because recreational fishermen are responsible for 99.9% of that harvest, regulations likely to achieve a meaningful reduction—a 20% reduction—in recreational landings must be imposed.

That doesn’t mean that recreational fishermen are responsible for the entire decline in the speckled trout stock.  The Louisiana marshes are shrinking, and it is entirely possible that environmental conditions are reducing the productivity of the speckled trout stock.  One can argue that any decline in trout abundance isn’t entirely the recreational anglers’ fault.

But fishery management isn’t about fault.

Whether a stock becomes overfished simply because removals have become too high, or whether changing environmental conditions also play a role, the remedy remains the same; landings must be reduced to a level that the stock, under existing environmental conditions, can sustain in the long term. 

And in the case of speckled trout, that means an increased size limit, along with a reduced bag.

That’s something that any “primary steward of our marine resources” ought to easily understand.

 

 

 

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