Fisheries Management

Commercial and Recreational Fisheries

The commercial fishing industry has had an important role in the economic and cultural development of the state since its settlement. In ways it has remained "small business" oriented in that the independent fisherman is the primary economic unit. Recreational anglers began to discover Florida in the late 1800s, and by the early 1900s, Florida had become well known for "big game angling." Today, both commercial and recreational fishing contribute millions of dollars to the state's economy.

Florida's most important commercial marine species are: shrimp, mullet, blue crab, scallops, menhaden, grouper, oysters, king and Spanish mackerel, spiny lobster, swordfish, and red snapper. Recreational fishermen generally target trout, king mackerel, Spanish mackerel, amberjack, red drum, dolphin, grouper, and snapper.

Fishery management in Florida is difficult, as it is subject to numerous conflicts between different fisheries as well as with other ocean resource interests or uses. For example, in recent years, declines in king and Spanish mackerel, grouper, red snapper, and red drum populations have required management constraints, which have led to conflicts over allocation between commercial and recreational fishermen. Habitat loss and degradation are major problems.

Further, long-term depletion of certain targeted species and high mortality of incidentally caught species can lead to permanent changes in the balance of a marine ecosystem.

Finally, there is disagreement as to the economic effects of fishery regulations on fishing communities, tourism, and the general economy of the state.

Management tools addressing
commercial and recreational fisheries

The Fishery Conservation and Management Act of 1976 (Magnuson-Stevens Act) created a federal fishery conservation zone. This zone, known as the Exclusive Economic Zone (EEZ), extends from state territorial sea boundaries out to 200 miles from shore. In the EEZ, the United States claims authority to manage and regulate all fisheries.

The policies and purposes of the Magnuson-Stevens Act are directed toward conservation, development, and management of fisheries resources as well as development of domestic commercial and recreational fishing. Pursuant to the Act, eight regional fishery management councils formulate management plans. Florida is represented on two regional councils: the South Atlantic Fishery Management Council and the Gulf of Mexico Fishery Management Council.

The fishery management plans are based on national standards and are enforced through regulations of the U.S. Department of Commerce. While the Act recognizes state authority to regulate fisheries within the territorial sea and, in some cases, the EEZ, the extent of state jurisdiction is unclear.

The Council also ensures that federal agencies consider the health and conservation of aquatic systems that support recreational fishing, and monitors conservation efforts under the Recreational Fishery Resources Conservation Plan.

At the state level, management responsibilities for fisheries have been shuffled among numerous agencies and authorities for over a century. Through the years, fishery management has been largely accomplished through detailed legislation in response to specific issues with little or no consideration of a comprehensive fishery management policy. In addition, through a ballot initiative Florida voters recently added the Net Ban Amendment to the Florida Constitution. The result is a mass of confusing and sometimes conflicting statutes, including more than 220 local laws.

The Marine Fisheries Commission (MFC) is composed of seven members appointed by the Governor. The MFC has full rule-making authority over marine life, except endangered species, subject to approval by the Governor and Cabinet as the Board of Trustees of the Internal Improvement Trust Fund (Trustees). As of October 1996, 208 sets of rules recommended by the MFC had been approved by the Trustees.

In an effort to promote interstate cooperation regarding fishery management goals, Florida is party to the Atlantic States Marine Fisheries Compact (ASMFC) and the Gulf States Marine Fisheries Compact (GSMFC). Each compact creates a council, which includes representatives of the member states. The councils provide a forum for states to discuss problems of marine fisheries management and to develop coordinated polices. The councils also make recommendations to the member states and their legislatures to coordinate state efforts and to the National Marine Fisheries Service for development of federal fisheries management policy.

Artificial Reefs

Florida has more artificial reefs than any other state, and is the only state to allow nongovernmental groups to erect and maintain artificial reefs. Although reefs may enhance recreational and some commercial fishing opportunities, there have been many criticisms of artificial reef development. For example, questions exist as to whether the reefs actually increase the total fish population or merely draw fish from other areas, contributing to further depletion of stocks. Other criticisms concern construction and siting. Reefs that are improperly constructed can disappear, break apart, or damage natural habitat. Poorly sited reefs can create navigational and safety hazards, user conflicts between commercial and recreational fishermen, or be of limited benefit if placed too far offshore.

Management tools addressing artificial reefs

The National Fishing Enhancement Act specifies that artificial reefs are to be constructed to enhance commercial and recreational fisheries. The Act requires the development of a National Artificial Reef Plan to enhance fishery resources, increase fishery production, and benefit coastal economies by encouraging "properly designed, constructed, and located artificial reefs" based on the best scientific evidence. The plan includes general criteria and guidelines for siting, materials, design, and construction of artificial reefs, and suggested mechanisms and methodologies for permit compliance, monitoring, and managing reefs. It is, however, general in scope and is intended to provide a framework for use by state, regional, and local planners in developing detailed, site-specific plans.

· Anyone seeking to erect an artificial reef must obtain a permit from the U.S. Army Corps of Engineers for its siting and construction. A permit from the U. S. Coast Guard for marking its location is also required.

· The Florida Artificial Reef Program was established by the Florida Legislature to provide grants to local governments for establishing artificial reefs in state waters. Rules to implement the program provide the criteria, priorities, and standards for project evaluation in allocating state funds.

· All applications by reef developers, regardless of whether they receive state funds, must be reviewed by the Florida Department of Environmental Protection (DEP), which has authority for permitting the construction of artificial reefs in state waters.

Aquaculture

Aquaculture involves the controlled cultivation of fish, shellfish, and plants in fresh, brackish or salt water. It is a relatively underdeveloped industry in the United States compared to the rest of the world. Aquaculture has become of great interest to those relying on Florida's oceans for economic survival. With the depletion of many fisheries and the unemployment resulting from such depletion as well as increased regulation, many fishermen are turning to aquaculture as a new career.

Most of Florida's aquaculture does not take place in the ocean. Most oyster and clam cultivation takes place in nearshore waters. Other activities, such as tropical fish production, fish and shrimp hatcheries, and aquatic plant farms, generally occur in upland areas. The primary problems encountered by onshore aquaculture facilities are competition with coastal development for sites, permitting of discharges from operations, and dredge and fill regulations.

As interest in aquaculture grows, so does the potential for ocean use problems. Aquaculture in ocean waters may create conflicts with other established uses and raise concerns over introduction of disease, pollutants and non-native species.

Management tools addressing aquaculture

The Florida Legislature enacted the Florida Aquaculture Policy Act for the purpose of enhancing the growth of aquaculture while protecting the environment. Under the Act, the Department of Agriculture and Consumer Services (DACS) is responsible for coordinating research and development and providing assistance to persons in the industry. In addition, DACS is required to issue or deny aquaculture certificates to identify aquaculture producers and products.

In 1996 DACS finalized the Florida Aquaculture Plan in consultation with industry, research institutions, and federal, state, and local agencies. It is considered the blueprint for developing aquaculture in the state, and is intended to assure effective and nonduplicative efforts to expand aquaculture development and prioritize research and funding needs.