, , and African Pompano

Review and Discussion e December 16, 2020 ~ Florida Fish and Wildlife Conservation Commission Version 1

This presentation provides a review and discussion of the management history of Florida pompano, permit, and African pompano as well as stakeholder requests for updates to management of these . Staff is seeking Commission direction on moving forward with gathering stakeholder input on these species.

Division: Marine Management Authors: Derek Cox, Kali Spurgin, and Krista Shipley Contact Phone Number: (850) 487-0554 Report date: November 10, 2020

Unless otherwise noted, images throughout the presentation are by FWC.

Photo courtesy of Trevor Beaman. Outline

■ Management history ■ Florida pompano, permit, African pompano □ Biology □ Current regulations □ Stakeholder requests ■ Summary

This presentation on Florida pompano, permit, and African pompano will cover their history of management as a multi-species unit. For each species, staff will discuss their relevant biological characteristics along with a short description of the , current regulations, unique management approaches, and stakeholder requests for management updates. The presentation will conclude with a recap of recent requests for management and staff recommendation for further stakeholder engagement. Management History

■ Managed as a multi-species unit

0 Members of the jack family

0 Similar appearance, especially when young

0 Often found together ■ Different fisheries and fishing cultures ■ Major regulations overhaul in 2011 ° FW C manages all species in federal waters

Florida pompano, permit, and African pompano have traditionally been managed as a multi- species unit. The decision to group these species together was made for several reasons, primarily in an effort to simplify regulations and avoid confusion by anglers and law enforcement. All three of these fish belong to the jack family and can look very similar, especially when young. These fish are also often caught together in either the same areas or with the same gear, increasing the likelihood for misidentification.

However closely these fish may resemble one another, the fisheries themselves are definitively unique and the fishing culture and history for each species vary drastically. Recognizing this, in 2011, FWC made significant regulation changes that modified the management approach to species-specific regulations as opposed to a multi- species unit. These regulations addressed the differences as well as similarities of each species. Since 2011, FWC has managed each of these species in federal waters. Florida Pompano

• Found in warm waters, especially along sandy beaches, oyster bars, and over seagrass beds • Fast growing • Spawn offshore from March - Sept.

Fishery • Shore, nearshore, and offshore components • Caught using many methods and enjoyed by a broad range of stakeholders • Popular fish for both recreational and commercial harvest

Florida pompano are typically found in warm waters, especially along sandy beaches, oyster bars, and over seagrass beds. A fast-growing species, Florida pompano reach maturity by age one or two, around 11-14 inches, but can reach lengths of up to 24 inches and weigh up to eight pounds. Florida pompano typically spawn offshore in deeper waters from March through September and form a single stock throughout the state of Florida and continental United States.

This fishery is accessible to a variety of saltwater anglers, with shore-based, nearshore, and offshore components. Florida pompano can be caught using many gear types and techniques, making them available to a broad range of stakeholders. These reasons, combined with being great table fare, make Florida pompano a popular target for both recreational and commercial harvest. Florida Pompano - Regulations Recreational • Allowable gear: hook-and-line, cast net, and beach or haul seine • Minimum size limit: 11 inches • Bag limit: 6 per person Commercial • Allowable gear: hook-and-line, cast net, and beach or haul seine • Slot limit: 11-20 inches • Trip limits

0 Directed: 250 fish

0 Bycatch: 100 fish • Special regulations inside Pompano Endorsement Zone (PEZ) with Pompano Endorsement (PE)

This slide includes the current regulations for Florida pompano.

Recreational anglers can harvest Florida pompano by hook-and-line, cast net, and beach or haul seine. The minimum size limit is 11 inches fork length with a bag limit of 6 per person. The season is open year-round.

Commercial harvest is allowed with the same gear as the recreational sector, but with a slot limit of 11-20 inches. When using allowable gear types, commercial harvesters targeting Florida pompano can harvest up to 250 fish; however, there is also a 100 fish incidental bycatch limit when legally targeting other species with gillnets in federal waters. Special regulations for commercial harvest apply when inside the Pompano Endorsement Zone (PEZ) and with possession of a Pompano Endorsement (PE).

FWC manages Florida pompano in both state and federal waters. Pompano Endorsement Zone (PEZ) Created in 2001 ■ Response to reports of illegal gillnetting in state waters ■ Only area verified to have a legal federal waters gill net fishery for pompano Regulations within PEZ ■ Must possess Pompano Endorsement (PE) ■ Gill nets allowed ■ No trip limit ■ Must land between Hurricane Pass and Cape Sable

In early 2000, the Commission received reports of illegal gillnetting of Florida pompano in state waters. Since gill nets are an allowable gear in federal waters, illegal state waters harvest was difficult to distinguish from legal federal fisheries activities. In to address this, FWC created the Pompano Endorsement Zone (PEZ), which is the only area in the state that had a legal, federal waters Florida pompano gill net fishery verified by observer ride-alongs.

The Pompano Endorsement (PE) allows commercial fishermen to use gill and entangling nets to catch Florida pompano in federal waters, but only inside the Pompano Endorsement Zone, which does not include state waters. The zone boundaries are in southwest Florida, between Cape Sable and Hurricane Pass (25°09 and 26°00 North Latitude). PE holders may take an unlimited amount of Florida pompano in this zone and must land the fish between Hurricane Pass in Collier County and Cape Sable in Monroe County. A PE can not be held by any harvester who has been found to have violated the Net Limitation Amendment or associated gill net rules within the previous three license years. Florida Pompano - Stakeholder Request

■ Allow commercial catch from inside PEZ to be landed outside of PEZ boundaries

Staff have received stakeholder requests to allow Florida pompano commercially harvested inside the PEZ to be landed outside of the PEZ latitudinal boundaries (Hurricane Pass through Cape Sable). Permit

■ Found offshore near structure, inshore over grass flats, sand, and in channels ■ Similar to Florida pompano when young, but can get much larger as adults ■ Spawn offshore from March - Aug. ■ Large spawning aggregations in southwest Florida and the Keys

Fishery ■ Targeted for food and sport in most of the state ■ Largely trophy and catch and release in south ~- Florida and Keys ~ ; :

Permit are often found offshore near structure, inshore over grass and sand flats, and in channels. These fish look and behave similarly to Florida pompano when young and are often caught in the same locations. However, as permit get older, they are more easily distinguishable and grow to be much larger, reaching up to four feet in length and 80 pounds. Permit reach maturity at two to three years of age, at around 20 inches, and can live to be over 20 years old. This species spawns offshore from March through August and is known to form large spawning aggregations in areas of southwest Florida and the Keys. Western Dry Rocks off Key West is one location where permit spawning aggregations have been documented.

Although permit are targeted for both food and sport throughout most of the state, a unique fishery exists in south Florida and the Keys where permit are largely a trophy fish and more anglers practice catch and release than elsewhere in Florida. Special Permit Zone (SPZ)

Created in 2011 ■ Includes state and federal waters

Regulations within SPZ ■ Protect permit during PEZ spawning season ■ Preserve historic regional fishery

Acknowledging the unique fishery of southwest Florida and the Keys, the Special Permit Zone (SPZ) was established in 2011. The SPZ includes both state and federal waters from Cape Sable on the Gulf , around the Keys, and up to Cape Florida on the Atlantic coast. Area-specific regulations within the SPZ are designed to protect permit aggregations during the spawning season as well as to help preserve the historic regional trophy fishery that exists here. Permit - Recreational Regulations

Statewide allowable gear ■ State waters: hook-and-line ■ Federal waters: hook-and-line and spearing Outside SPZ ■ Slot limit: 11-22 inches

■ Bag limit: 2 per person with

0 1 over 22 inches per person

0 2 over 22 inches per vessel Inside SPZ

■ Minimum size limit: 22 inches ■ Bag/vessel limits: 1 per person, 2 per vessel ■ Seasonal closure: April - July

FWC regulates in federal waters 11 Photo courtesy of Emily Hanzlik

FWC manages permit in both state and federal waters, and recreational regulations vary depending on where anglers are fishing for the species. Within state waters permit can be harvested with hook-and-line only. Allowable gear in federal waters includes both hook-and- line and spearing.

While fishing outside the Special Permit Zone (SPZ) in both state and federal waters, there exists a slot limit of 11-22 inches fork length for permit and the bag limit is two per person, with a maximum of one over 22 inches per person and no more than two over 22 inches per vessel.

Within the SPZ, the minimum size limit is 22 inches rather than a slot limit and a more restrictive bag limit of one per person or maximum of two per vessel applies. A seasonal closure is also in place from April through July to help protect permit spawning aggregations. Permit - Commercial Regulations

Statewide (including inside SPZ) ■ No directed commercial harvest allowed

Inside PEZ ■ Incidental bycatch limit with gill nets in federal waters: 100 fish ■ Slot limit: 11-20 inches ■ Must transit directly through state waters to land within PEZ boundaries

In both state and federal waters, including inside the SPZ, directed commercial harvest of permit is prohibited.

However, permit are frequently caught as bycatch in gillnets when commercial harvesters are targeting Florida pompano within the PEZ. Thus, to reduce bycatch mortality of permit, a special regulatory exemption was made to allow incidental commercial harvest of permit inside the PEZ. This rule allows retention of bycatch of up to 100 permit with a slot size of 11-20 inches fork length when using gill nets in federal waters inside the PEZ. Permit that have been harvested this way must be transited directly through state waters and landed within the PEZ boundaries. Permit - Stakeholder Requests

■ Add Aug. to current SPZ spawning closure

■ Make recreational harvest only statewide

0 No exemptions for Florida pompano fishery or commercial sale

■ Make catch and release only in SPZ

■ Allow commercial bycatch to be landed outside of PEZ boundaries

Staff have received a number of stakeholder requests for permit management changes.

To incorporate more of the spawning season and further protect spawning aggregations, some recreational stakeholders have requested adding August to the current April through July spawning closure inside the SPZ.

Some stakeholders have also requested that permit be a recreational fishery only statewide, and that no commercial harvest or sale be allowed. This would include a prohibition on harvesting permit as incidental bycatch in the Florida pompano commercial gill net fishery.

Further requests have been made that permit be catch-and-release only when fishing inside the SPZ year-round, without any harvest allowed.

Finally, stakeholders within the commercial fishery have requested changes that would allow commercial bycatch of permit to be landed outside of the PEZ boundaries. African Pompano

■ Mostly pelagic as juveniles ■ Adults often found near reefs, wrecks, and ledges to depths of 180 feet ° Frequently school over structure

Fishery ■ Targeted as sportfish and as food ■ Popular recreational and commercial catch

0 Strong spearing component

African pompano are another popular target for recreational and commercial anglers. This species is primarily pelagic in the juvenile stage, while adults can often be found near reefs, wrecks, and ledges in deeper water up to 180 feet. These fish often school over structure and can reach lengths up to 42 inches and weigh 40 pounds. Compared to Florida pompano and permit, very little is known about the life history and biology of African pompano.

African pompano are a popular sport fish, known for their fighting ability and quality as table fare. The recreational and commercial fisheries both have strong spearing components, but the species is taken with hook-and-line as well. African Pompano - Regulations Recreational (state and federal waters) • Allowable gear

0 State waters: hook-and-line ° Federal waters: hook-and-line and spearing • Minimum size limit: 24 inches • Bag limit: 2 per person or per vessel, whichever is less

Commercial • Hook-and-line only • Minimum size limit: 24 inches • Bag/vessel limit: 2 per person or per vessel, whichever is less • No commercial regulations in federal waters

Allowable gear for recreational harvest of African pompano in state waters is limited to hook- and-line. However, spearing is allowed in federal waters. State and federal waters have the same recreational size limit of 24 inches fork length and harvest limit of two per person or two per vessel, whichever is less.

In state waters, commercial harvest of African pompano is limited to hook-and-line gear only and a minimum size limit of 24 inches fork length. The bag limit for commercial harvest is two per person or two per vessel, whichever is less. These regulations do not apply in federal waters, where there are currently no regulations for commercial harvest of African pompano. African Pompano - Stakeholder Requests

■ Increase recreational limits in Gulf federal waters

0 1 per person with no vessel limit ■ Implement commercial limits for federal waters ° Currently unregulated

Staff have heard requests from stakeholders for potential management changes to the African pompano fishery.

Since this species is not federally managed by the Gulf Council, FWC manages recreational harvest in federal waters. Recently, staff have been hearing from spearfishers that the current bag limit of two per person or per vessel is too restrictive and they have requested that this limit be modified to a bag limit of one per person with no vessel limit.

FWC has also received requests to begin regulating commercial harvest of African pompano in federal waters. Stakeholders believe that reasonable commercial limits should be implemented to ensure continued sustainability of the fishery. Recap of Stakeholder Requests

Pompano African Pompano ■ Allow commercial catch from inside ■ Increase recreational limits in federal PEZ to be landed outside of PEZ waters in Gulf of Mexico

boundaries 0 1 per person

Permit 0 No vessel limit ■ Add August to current closure ■ Implement commercial limits for ■ Recreational harvest only federal waters

0 No exemptions for pompano ° Currently unregulated fishery or commercial sale ■ Catch and release only in SPZ ■ Allow commercial bycatch to be landed outside of PEZ boundaries

Florida pompano, permit, and African pompano continue to be prized fisheries in Florida. FWC staff have received numerous stakeholder requests for management changes to each of these fisheries, and they are summarized here.

For Florida pompano, requests to allow commercial catch of Florida pompano from inside the PEZ to be landed outside the PEZ boundaries.

Multiple management changes have been requested for the permit fishery including: • Adding August to the current seasonal closure of April – July in the SPZ to protect more of the spawning season; • Only allowing recreational harvest of permit with no exemptions for bycatch in the Florida pompano fishery or any other commercial sale; • Making permit in the SPZ catch-and-release only; and • Allowing commercial bycatch of permit to be landed outside of the PEZ boundaries.

For African pompano, recreational stakeholders have requested that limits in Gulf of Mexico federal waters be modified to one per person with no vessel limit. For the commercial fishery, stakeholders have requested FWC implement reasonable commercial limits in federal waters as African pompano are currently unregulated there. Staff Recommendation

• Consult with stakeholders for additional feedback • Conduct public workshops • Draft rule proposal at a 2021 Commission meeting

Staff recommends continuing to collect input from stakeholders on the topics presented today, including conducting public workshops on Florida pompano, permit, and African pompano.

If directed, staff will return to present a draft rule at a Commission meeting in 2021.