COMMERCIAL NET THE FACTS AGAINST HB112 BY REP. ISON & SB109 BY SEN. LINDSEY

In 1995, the legislature passed Act 95-287 regulating and restricting the Alabama gill net . This legislation resulted from an agreement between the sport fishing interests and industry. Act 95-287 permanently capped the number of licenses available for net fishermen, implemented seasonal closures, established legal locations and times for the use of nets, and limited the length and mesh size of the nets. [The map attached reflects the specificity and detail of the times, places and types of nets that may be used in certain defined locations.] Since 1995, the number of licensed gill net fishermen in Alabama has declined from over 600 to approximately 110 today.

Now, the sport fishermen want to entirely eliminate the commercial net fishing industry in Alabama, putting Alabamians and their families out of work and at risk while also eliminating the wholesale market that brings low cost, nutritious Alabama to the people of Alabama. In addition, this same group wants you to do this without any funded or specifically designed buy-out provisions.

ELIMINATION OF GILL NET FISHING IN ALABAMA IS UNJUSTIFIED IN THAT THERE IS NO SCIENTIFIC EVIDENCE OF DEPLETION OF FISH POPULATIONS CAUSED BY GILL NET FISHING

• “...populations of fish targeted by gill netters are healthy, support pressure from both commercial and recreational anglers...” [Vern Minton, head of Alabama’s Marine Resources division, Mobile Press Register article, October 8, 2006.] • “Results of recent testing and monitoring found little evidence of significant changes in the composition of the fish community since the 1980's.” [Analysis of Long Term , Assessment of Monitoring Program Data by John F. Valentine, Dauphin Island Sea Lab published in the Alabama Current Connection, Winter 2006/2007, Volume 1, Issue 4] • Mullet populations in Alabama are healthy according to Studies by the Marine Resources Division of the Alabama Department of Conservation and Spanish Mackerel are not over- fished according to the National Marine Service.

THERE IS NO SCIENTIFIC EVIDENCE THAT THE BANNING OF GILL NETS INCREASES FISH POPULATIONS

• The proponents of banning gill nets state that a ban would result in bigger fish populations. However, there is no evidence in Texas or Florida, which have banned gill netting, of increased fish catch counts after the effect of the ban. [See information from Florida Marine Research Institute and Texas Department of Conservation attached.] EVEN IF YOU BELIEVE THAT THERE EXISTS SCIENTIFIC EVIDENCE OF DEPLETION OF FISH POPULATIONS, LEGISLATION IS NOT NEEDED.

THE PROPER PUBLIC POLICY WOULD BE TO ALLOW THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES TO DO ITS JOB THROUGH REGULATION.

Alabama’s seafood is a natural resource currently available to all Alabamians by the commercial who catches the fish and brings them to market. The proposed legislation banning gill nets would result in limiting that natural resource to those more affluent Alabamians who are able to own or rent boats for fishing.

Attachments: 1. Map, Alabama Department of Conservation Gill Netting Info Sheet 2. Myths versus Facts 3. Alabama commercial mullet and Spanish mackerel statistics 4. Florida catch rate before and after net ban (reflecting no increase) 5. Texas catch rate before and after net ban (reflecting no increase)

Beth Marietta Lyons, Attorney Alabama Seafood Association Office: 251/690-9111 Cell: 251/680-9710 E-Mail: [email protected] COMMERCIAL NET FISHING IN ALABAMA MYTH versus FACT

MYTH FACT Every state from Maine to Texas has banned the use All states regulate the use of gill nets as they regulate of gill nets. all types of fishing. Florida and Texas have banned the use of gill nets, but many states, such as Alabama, Maryland, North Carolina, Virginia, Louisiana have chosen to manage their natural resource of fish by regulations relating to seasons, quotas, net use and size. Gill nets hang and “drift ” for miles. Gill nets in Alabama do not “drift”; they are set by the fisherman targeting a specific pool of fish; the net is set in a circle around the school of fish and the fisherman constantly works the net around the fish to be able to pull them into a boat. *Note: there are nets known as drift nets that are used in federal waters and in other countries which do drift; however, these are not the types of nets that are used in Alabama waters. Gill nets are left unattended. Gill nets are constantly attended by the fisherman. Not only is this required by Alabama law, it is the most effective way to target and harvest a school of fish. Gill nets snare everything within their reach Gill nets are specifically manufactured to target a needlessly killing all kinds of fish. specific fish, generally Spanish mackerel and mullet. The mesh is designed to allow the young fish to swim through so that they can grow older and spawn. It is also designed to prevent fish, other than the specifically targeted fish, from being caught. When gill nets are banned, the fish populations will Catch counts in the two states which have effectively increased. banned gill nets do not reflect this. The catch counts in Florida and Texas are essentially the same after the ban of gill netting as before the ban. “Schools of Spanish mackerel used to be so big they Whether schools of Spanish mackerel are larger or looked like they covered acres. You don’t see that smaller than in the past is hard to address as is any any more.” anecdotal comment. Even if true, there is no scientific evidence that the use of gill nets has caused this. Many things have changed in the last 20 years, such as the dramatic rise in , charter boat fishing, and general boat and jet ski traffic on the surface of the water..

Beth Marietta Lyons, Attorney Alabama Seafood Association Office: 251/690-9111 - Cell: 251/680-9710 - E-Mail: [email protected]