Texas Artificial Reef Fishery Management Plan

by C. Dianne Stephan Brett G. Dansby Hal R. Osburn Gary C. Matlock Robin K. Riechers Ralph Rayburn

Fishery Management Plan Series Number 3

Texas Parks and Wildlife Department Coastal Fisheries Branch 4200 Smith School Road Austin, Texas 78744 EXECUTIVE SUMMARY

rtificial reefs can be used Texas Parks and Wildlife Code. international law and national with other fishery manage- Meetings with Department staff fishing law and does not create Ament techniques designed and the Committee were held in any unreasonable obstruction to to achieve optimum yield from January, May, August, and Octo- navigation; fisheries. The Texas legislature ber of 1990. These meetings were (6) uses the best scientific recognized this potential with the also open to and attended by information available; and passage of the Artificial Reef Act members of the public and other (7) conforms to the state of 1989, which directed the Texas state officials. Meetings were artificial reef plan. Parks and Wildlife Department recorded and transcripts are Recommendations which (Department) to promote, develop, available upon request. have been developed in the maintain, monitor, and enhance All comments received Artificial Reef Plan to guide the the artificial reef potential in state were carefully considered. As Department’s artificial reef pro- waters and federal waters adjacent directed by the Legislature, the gram include the following: to Texas. The act defined an Committee consisted of a • The Department should be artificial reef as a structure or representative of each of the made a permitting agency for system of structures constructed, following: (1) salt water sports artificial reef development in placed, or permitted in the navi- fishing organization, (2) off- Texas and the adjacent Exclu- sive Economic Zone, with authority to deny any permit for proposed artificial reef The Artificial Reef Act of 1989 provided construction which does not conform to the Texas Artificial guidance for planning and developing Reef Plan. • Subsequent to the adoption artificial reefs in a cost effective manner to of the Artificial Reef Plan, an advisory committee consisting minimize conflicts and environmental risks. of persons from groups with interest in artificial reefs should be selected by the Chairman of gable water of Texas or water of shore oil and gas company, (3) the Texas Parks and Wildlife the federal exclusive economic Texas tourist industry, (4) General Commission for the purpose of zone adjacent to Texas for the Land Office, (5) shrimping organi- advising the Department on purpose of enhancing fishery zation, (6) Texas diving club, (7) implementation of the Plan. resources and commercial and Attorney General’s Office, (8) • The specific locations for recreational fishing opportuni- Texas university, and (9) artificial reef development ties. Enhancement of fishery environmental group. should be within the priority resources is considered to be the The Artificial Reef Act of areas identified in the Plan. restoration or creation of habitat 1989 provided guidance for • Artificial reefs should be to improve recruitment and planning and developing artifi- constructed as benthic reefs spawning potential of reef cial reefs in a cost effective using ships, oil platforms, or associated species, while enhanc- manner to minimize conflicts and similarly constructed materials ement of fishing opportunities is environmental risks. As directed arranged in as complex a the creation or improvement of by the legislature, an artificial fishing opportunities. To fulfill reef covered under this Plan must fashion as possible without these purposes, the Department be sited, constructed, maintained, jeopardizing structural integ- was directed to develop a state monitored, and managed in a rity, and oriented in a fashion artificial reef plan in accordance manner that: which maximizes effectiveness, with Chapter 89 of the Texas (1) enhances and conserves durability and stability. Parks and Wildlife code. fishery resources to the maxi- • The Department should The Texas Artificial Reef mum extent practicable; actively pursue acquiring off- Plan is a product of a process (2) facilitates access and shore platforms for use as designed to maximize the input use by Texas recreational and artificial reefs in the Gulf of of those interest groups most commercial fishermen; Mexico, in deference to other affected by the placement of (3) minimizes conflicts structures. artificial reefs in salt waters. The among competing uses of • The cost of the Department’s Plan has been reviewed by the water and water resources; artificial reef development, Texas Artificial Reef Advisory (4) minimizes environ- maintenance, and marking pro- Committee, created to advise and mental risks and risks to per- make recommendations to the sonal and public health and gram should not exceed revenues Department on details and property; accumulated in the Artificial specifications of the plan, in (5) is consistent with gen- Reef Fund. The cost of creating accordance with Chapter 89 of erally accepted principles of and maintaining artificial reefs should be borne by the donor; recreational and commercial mandates and to continue to however, the Department should fishing to achieve optimum determine fishery harvest minimize these costs to the yield, minimize impacts on trends, economics and impacts maximum extent possible. other users of the water column, of sociological influences. • The Artificial Reef Fund and minimize environmental, • Continued assessment and should be the sole source of property and health risks. evaluation of the Department’s funds for costs to the Depart- • The liability incurred by the activities by the Texas Parks and ment associated with artificial Department through any Wildlife Commission are reefs. Any donation of artifi- donations of artificial reef necessary to meet legislative cial reef material should be material should be minimized to mandates and to address data accompanied by at least 50% the maximum extent possible. needs reviewed in this Plan. of the realized savings to the • The Department should • The Department should donor. Costs associated with continue to work with other continue to maintain a high donation of an artificial reef groups to coordinate artificial level of interdepartmental and should be included when cal- reef development and manage- interagency communication to culating potential savings. ment. more fully benefit from the • Existing oil and gas plat- • Fishery resource harvest free flow of information con- forms located in the priority from artificial reefs should be cerning artificial reef research, areas for artificial reef develop- regulated to satisfy fishery adverse environmental con- ment should be deployed as management objectives of the ditions and changes in economic artificial reefs as near their regulating entities within Texas and societal goals. current location and in a form and the adjacent Exclusive • The Department should take as close to their current form Economic Zone. advantage of the opportunities as possible. • The Department’s present afforded by the creation of • Oil and gas platforms monitoring program should be artificial reefs for scientific located within excluded areas enhanced to meet legislative study and education of the at the time of removal should be mandates and to continue to public, including recreational placed as near as possible to determine trends in population spectators (e.g., nonconsump- artificial reefs located in abundance and stability, mov- tive divers). priority areas. ement, growth, mortality and Implementation of the Texas • The specific location for the impacts of environmental Artificial Reef Plan should insure materials not already present influences on reef associated the continued enhancement of within the priority areas species. fishery resources and fishing should be at sites that maxi- • The Department’s present opportunities for future Texans. mize enhancement of fishery monitoring program should be By doing so, many other Texans resources and opportunities for enhanced to meet legislative and visitors to Texas will benefit directly and indirectly. INTRODUCTION

rtificial reefs are any Fisheries Conservation Zone. from man’s placement of struc- structures placed by man The Department manages tures and rigid materials in the Ain the environment which the fisheries of the state to achieve aquatic environment. For exam- alter the natural habitat. As such, optimum yield. For purposes of ple, the indiscriminate dumping artificial reefs represent a tool by the Plan, optimum yield is defined of various materials of opportu- which man can elicit changes in as the amount of resources that nity in the Gulf of Mexico (Gulf) the ecosystem to achieve benefits. the fisheries will produce on a has led to interference with nav- In general, the benefits sought continuing basis to achieve the igation, expensive marking, and through the use of artificial reefs maximum economic benefits to sites inaccessible to anglers. The have been the enhancement of the fishing industries and the state specific goals to be achieved with fishery resources with a con- as modified by any relevant artificial reef placement have comitant increase in fishing social or ecological factors. seldom been clearly defined, opportunities. As with any tool, Stated simply, fisheries should leading to conflicts among com- however, artificial reefs can be be managed by the State in a way peting interests as well as ineffi- used inappropriately, leading to that does not differ significantly cient use of man-power and detrimental effects such as loss of from the way they would be money. Further, artificial reefs more valuable habitat, overfish- managed by a privately-owned have been created both inten- tionally and unintentionally. For example, jetties used to maintain Artificial reefs represent a tool by which man navigational channels have also can elicit changes in the ecosystem to achieve enhanced fishing opportunities. The United States (U.S.) Con- benefits. gress, recognizing the need for comprehensive planning to guide ing and destruction of property. firm. This approach is consistent future artificial reef development Comprehensive planning strat- with that taken by the state in its in the U.S., passed the National egies for the siting, deployment, management of other natural Fishing Enhancement Act of maintenance, and management of resources and the United States 1984. That legislation mandated artificial reefs is needed to government in managing its the development of a National maximize their assets, minimize natural resources, including Artificial Reef Plan. their liabilities, and achieve fisheries. Further impetus for the desired purposes. development of the National Artificial reefs can be used Artificial Reef Plan stemmed with other fishery management from the requirement by the U.S. techniques designed to achieve Department of Interior that off- optimum yield from fisheries. istorical shore oil and gas platforms must be The Texas Legislature recognized removed completely when they this potential with the passage of H Perspective are no longer producing and that the Artificial Reef Act of 1989. the sea floor must be restored to its The act defined an artificial reef Artificial reefs have been original condition. The use of as a structure or system of struc- used for centuries to make fish offshore platforms for artificial reef tures constructed, placed, or available to fishermen. It is development can be a practi-cal permitted in the navigable water unclear how often this objective and economically attractive of Texas or water of the Federal has been achieved, but other alternative to platform disman- Exclusive Economic Zone adja- impacts have inevitably resulted tling. The Gulf now has over cent to Texas for the purpose of enhancing fishery resources and commercial and recreational fish- ing opportunities. The Act pro- vided guidance for planning and developing artificial reefs in a cost effective manner to mini- mize conflicts and environmental risks. The Texas Parks and Wild- life Department (Department) was directed to develop an artificial reef plan (Plan) which meets these purposes, including the promo- tion, development, maintenance, monitoring and enhancement of the artificial reef potential in Texas and the adjacent Federal 4,000 oil and gas platforms in gram (Section 12.016, Parks and offshore platforms have generally State and Federal waters with Wildlife Code) and Department had much greater longevity than forty percent of these offshore staff have worked cooperatively other materials used. structures slated for removal by with other state agencies, sport the year 2000. The removal of fishery and conservation organi- these structures will destroy the zations, and private industry in artificial reefs they represent, siting; obtaining permits and reef will be extremely expensive, and material; building, placing and will preclude taking advantage of maintaining reefs and reef them in creating additional reefs. markers. Artificial reefs have Indeed, “the size, shape, design, been created intentionally using profile and density and openness oyster shell, tires, automobiles, of petroleum structures make construction rubble, clay pipe, them the most durable reusable barges, ships and drilling rigs. material readily available for The Department has been directly permanent artificial reef con- involved in the construction struction (1988 Interim Report of of 23 artificial reefs. The largest initiative for artificial reefs in Texas occurred during the mid-1970’s when 12 obsolete Liberty ships were sunk. Three These intentionally-created each were placed off Freeport, artificial reefs are far exceeded Matagorda, Port Aransas, and by the over 2,000 de facto artifi- South Padre Island. The most cial reefs that exist in the form of piers, docks, jetties, and petro- leum platforms in salt water in and adjacent to Texas. These struc- tures perform the same function as any artificial reef, including enhancing fishery resources and commercial and recreational the Texas Legislature’s Sub- fishing opportunities, even though committee on Rigs-to-Reefs).” they may not have been built for With this in mind, the Depart- that purpose. ment of the Interior paved the The vast majority of way for a movement toward a unintentional artificial reefs are national Rigs-to-Reefs Programs. located in inland waters and A host of states have carried coastal bays. The area benefitting forward this Federal initiative for least from decades of de facto a rigs-to-reefs program. In the artificial reef development has Gulf, where offshore platforms been the offshore saltwater zone. are most prevalent, each of the It was the needs of this area that bordering states has an artificial the Texas Artificial Reef Act of reef development program. Loui- 1989 apparently sought to address. siana has an approved plan which Legislatively identified groups to facilitates the conversion of be represented on the Artificial obsolete offshore platforms into Reef Advisory Committee, created artificial reefs. There have been at least 10 pre-planned rigs-to- by the Act, reflect the emphasis reefs projects completed in the placed on this area. Representa- Gulf including one off Texas. tives of a saltwater sports fishing This experience has stimulated organization, an offshore oil and new removal techniques and gas company, and a shrimping cost-saving technologies favor- organization are included, but ing reef development as a pre- freshwater fishing interests and ferred disposal option. recent artificial reef constructed inshore oil and gas companies are Texas has been involved in was an offshore platform donated not represented. Therefore, the artificial reef placement since the to the Department by Transco and Texas Artificial Reef Plan will late 1940’s. The Department has deployed about 80 miles south- focus on artificial reef develop- been authorized to conduct an east of Galveston in January 1990. ment in the Gulf of Mexico off artificial reef development pro- Reefs constructed from ships and Texas unless otherwise noted. organization, (2) offshore oil and oal and gas company, (3) Texas tourist Objectives industry, (4) General Land Office, G (5) shrimping organization, (6) for the Artificial Texas diving club, (7) Attorney General’s Office, (8) Texas Reef Plan university, and (9) environmental group. In 1989, the Seventy-first The Plan is also a product Texas Legislature directed the of a process designed to gather Department to promote, develop, and use the best scientific infor- maintain, monitor, and enhance mation available. This process the artificial reef potential in state included the contracting of Texas waters and federal waters adja- A&M University in 1988 to cent to Texas to enhance fishery review all of the available scien- • mechanisms and method- resources and commercial and tific information concerning ologies for managing the use of recreational fishing opportu- artificial reefs and prepare a artificial reefs; nities. Enhancement of fishery report on artificial reefs. A syn- • a map that depicts priority resources is considered to be the thesis of all applicable scientific areas for artificial reef devel- restoration or creation of habitat research on which the Plan is opment consistent with the act to improve recruitment and based is contained in the Texas and the National Fishing spawning potential of reef Artificial Reef Plan Source Docu- Enhancement Act; and associated species. If this goal is ment. It, too, has been reviewed • provisions for managing achieved, fishermen will not be by the Texas Artificial Reef Advi- the artificial reef fund in a the only beneficiaries. Divers sory Committee. Items required manner that will assure engaged in recreational spectating by the legislature that can be successful implementation of will also benefit from increased found in the Plan include: the plan. access to additional reef structure • operational guidelines for As directed by the legisla- and the ecological communities the plan, including specific ture, an artificial reef covered that result. To fulfill this purpose, participant roles, and projected under this Plan must be sited, the Department was directed to funding requirements for the constructed, maintained, moni- develop a state artificial reef plan plan; tored, and managed in a manner in accordance with Chapter 89 of • geographic, hydrographic, that: the Texas Parks and Wildlife geological, biological, ecolog- • enhances and conserves Code. An advisory committee ical, social, economic, and other fishery resources to the maxi- was created to advise and make criteria for permitting and mum extent practicable; recommendations to the Depart- siting artificial reefs; • facilitates access and use ment on details and specifications • design, materials, and other by Texas recreational and of the Plan. criteria for establishing, con- commercial fishermen; The Texas Artificial Reef structing, and maintaining • minimizes conflicts among Plan is a product of a process artificial reefs; competing uses of water and designed to maximize the input of • mechanisms and method- water resources; those interest groups most ologies for monitoring artificial • minimizes environmental affected by the placement of arti- reefs in compliance with the risks and risks to personal and ficial reefs in salt waters. The requirements of permits issued public health and property; Plan has been reviewed by the under the National Fishing • is consistent with generally Texas Artificial Reef Advisory Enhancement Act; accepted principles of inter- Committee. Meetings with national law and national fish- Department staff and the Com- ing law and does not create any mittee were held in January, May, unreasonable obstruction to August, and October of 1990. navigation; These meetings were also open to • uses the best scientific and attended by members of the information available; and public and other state officials. • conforms to the state Meetings were recorded and artificial plan. transcripts are available upon Insomuch as the legislature request. All comments received desired that the Texas Artificial were carefully considered. As Reef Plan be consistent with the directed by the Legislature, the National Fishing Enhancement Committee consisted of a repre- Act, the Plan and Source Docu- sentative of each of the following: ment reference the National (1) salt water sports fishing Artificial Reef Plan extensively. ARTIFICIAL REEF PROGRAMS AND PLANS

rtificial reefs have been ment, serves as a technical constructed outside the reference for federal and state AUnited States for centuries. agencies involved in meeting The United States and individual standards for reef permitting states have also been involved in and management, and encourages developing artificial reefs for the development of systematic over 100 years. Abroad and regional, state, and local artifi- overseas artificial reef planning cial reef plans that focus on has moved toward a more criteria for specific conditions integrated program of research and uses in those areas. The and development for resources majority of states that have enhancement, conservation, and actively been involved in per- management in order to attain mitting reef sites currently have both short and long term goals. or are preparing an artificial reef In the United States, national plan which will guide their concern for artificial reef plan- programs. Artificial reef man- ning and management developed agement in the majority of Gulf The United States and individual states have been involved in developing artificial reefs for over 100 years.

with the enactment of the and Atlantic states are adminis- National Fishing Enhancement tered as part of the state marine Act of 1984. This legislation resources or fisheries agency. stressed the need for responsible The history of artificial reef and effective artificial reef management abroad and in the development in United States United States has evolved to waters, and mandated the devel- centrally located control of opment of the National Artificial planning and permitting which Reef Plan. The National Artificial often is administered by state Reef Plan is a flexible working government. This evolution document designed to serve as a occurred because of needs for a starting point for effective artifi- planning process which sets siting cial reef development. Specifi- criteria, specific objectives for cally the plan provides guidance artificial reef construction, and on technical aspects of artificial permitting and construction reef development and manage- requirements. USE OF ARTIFICIAL REEFS TO ENHANCE FISHERY RESOURCES

rtificial reefs can be used artificial reefs attract transient to enhance reef fish and species, which may be present at Aother organisms which a reef for periods of a few hours comprise reef communities. to a few days. Artificial reefs However, artificial reef develop- attract a variety of resident fish ment displaces or otherwise species. These species may be impacts adjacent communities. trophically dependent upon the Thus, it is important to define sessile and motile invertebrates clearly the purpose of each associated with a reef, attracted for proposed reef. For purposes of this cover and structure provided by document, an artificial reef is the reef, or attracted as transient defined as a structure or system of predators which feed on resident structures constructed, placed or species. permitted in the Texas Territorial As outlined above, artificial Sea and adjacent Exclusive reefs have the ability to enhance Economic Zone waters for the reef associated assemblages. purpose of enhancing fishery However, increases in the number Artificial reefs can be used to enhance reef fish and other organisms which comprise reef communities.

resources and commercial and of juveniles and spawning poten- recreational fishing opportunities. tial per recruit of reef associated Enhancement of fishery resources species has not been documented is defined as an increase in the for any artificial reef. Marine number of juveniles (recruits) and fishery professionals working spawning potential per recruit. with artificial reefs are well Oil and gas platforms, although aware of the need for in depth not specifically constructed for ecological studies of the effects fishery enhancement, serve this of artificial reefs on reef associ- function; and the communities ated species, as well as the effects which develop are excellent of artificial reefs on adjacent examples of the communities and communities. For example, an subsequent ecological inter- increase in populations of actions which occur on artificial trophically independent reef fish reefs. species such as red snapper must Offshore platforms in the have some effect on the popula- Gulf of Mexico enhance fisheries tion of their prey species such as by providing attachment sub- shrimp, which are also economi- strate for habitat limited sessile cally important. These questions invertebrates such as barnacles, must be addressed in order for oysters, mussels, bryozoans, fishery managers to understand hydroids, sponges, and corals. In the entire function of artificial addition to resident species, reefs in fishery enhancement. USE OF ARTIFICIAL REEFS TO ENHANCE FISHERY OPPORTUNITIES

rtificial reefs can enhance Gulf of Mexico. Of the estimated sand seatrout (36,000 pounds), the fishing opportunities 128 partyboats in Texas, 54% red snapper (35,000 pounds) and Afor hook and line or spear fished in the offshore area in king mackerel (21,000 pounds). fishermen targeting fish asso- 1987, while 86% of the 12 head- A total of 782 Commercial ciated with the artificial reef. boats in Texas fished offshore. Finfish Fishermen Licenses were However, fishing opportunities During 1977-1978, 57% of inter- sold in 1988, but only about 50 of for some other types of fishermen viewed offshore partyboat opera- these fishermen fished for fish in may be reduced. Opportunity is tors made at least one trip to an the Gulf. In Texas, snapper were defined as an appropriate or artificial reef and/or oil platform; the primary reef associated fish favorable time or occasion. While 12% of all offshore partyboat species landed by commercial not defined in the authorization trips to an artificial reef or oil fishermen with an average of statute for the artificial reef plan, platform were to a liberty ship nearly 600,000 pounds landed the term “fishing opportunities” site, and 23% were to an oil annually. Grouper were the used herein means an appropriate platform. In the South Padre second most dominant species or favorable fishing time or Island/Port Isabel area, only 7% landed with an average of over occasion. By definition, artificial of partyboat trips were to artifi- 200,000 pounds landed annually. reefs are structures that are placed cial reefs. On average, partyboat Hook and line is the fishing gear most frequently used to harvest reef-fish. The use of longlines in By definition, artificial reefs are structures the Gulf reef fish fishery began in 1980. Most recently, longlines that are placed by man in areas to enhance account for 8% of red snapper harvest in the Gulf of Mexico, fishing opportunities. 34% of grouper harvest, and 24% of the total harvest of reef fish species landed. Other reef by man in areas to enhance fish- reef users travel further offshore associated species landed com- ing opportunities. Enhancement than non-reef users. mercially include grouper, greater of fishing opportunities through The species most often amberjack, sheepshead, cobia, artificial reefs can occur by sought or landed by private sport- king mackerel, bluefish, dolphin, increasing the number or surface boat anglers fishing in the Gulf crevalle jack, Spanish mackerel, area of artificial reefs, increasing include king mackerel, Spanish gray triggerfish and Atlantic the accessibility of the sites to mackerel, cobia, red snapper, spadefish. the fishermen, and ultimately sand seatrout, silver seatrout, increasing the potential for suc- Atlantic spadefish, dolphin, cess of harvesting the desired vermilion snapper, Atlantic species. sharpnose shark, sheepshead, Approximately 50-60% of greater amberjack, and southern the recreational fishermen oper- flounder. The mean annual ating in the Gulf off Texas used private-boat landings in the Gulf artificial reefs including oil and (1982-1987) was dominated by gas platforms for an estimated total of 300,000-400,000 anglers. Private sport boat saltwater fishermen on average took over 4 trips per year to the Gulf and spent over $100 per trip during the 1987-1988 and 1988-1989. Partyboats (10 or fewer anglers) and headboats (more than 10 anglers) also operate in the SITING OF ARTIFICIAL REEFS

y Texas law, artificial reefs and potential user conflicts. In the identified by excluding existing must be sited in a manner final step, areas within the fishing fairways, clay and/or silt bottom Bthat enhances and con- zone that have specific positive substrate, historical shipwrecks, serves fishery resources, enhances attributes for artificial reef devel- coral reefs, live bottom areas, oil fishing opportunities by recre- opment are delineated and targeted and gas pipelines, industrial waste ational and commercial fisher- for reef development. Areas within sites, and any other areas that men, minimizes conflicts among exclusion zones which were might have safety considerations. water users, minimizes environ- designated because of potential mental risks and risks to personal user conflicts may also be targeted and public health and property, for siting if those areas are does not create any unreasonable already avoided by the traditional eographic obstruction to navigation and is users. The following sections Criteria consistent with generally accepted detail applicable criteria for the G principles of international and development of artificial reefs in national laws. Therefore, all these Texas marine waters. Shipping fairways, anchor- concerns must be taken into Parks and Wildlife Code, age areas, and historical ship- consideration when determining Chapter 89, requires that the wrecks should be avoided when siting artificial reefs. Shipping fairways and anchorages off Texas Areas within the fishing zone that have are critical to shipping commerce, and are non-negotiable for exclud- specific positive attributes for artificial reef ing as areas for artificial reef development. Historical ship- development are delineated and targeted for wrecks may not be disturbed within the Texas Territorial Sea reef development. unless permitting has been acquired from the Texas Antiquities Committee. the location of prospective artifi- National Artificial Reef Plan be Geographic areas which may cial reef development. Geo- followed as a guide and reference be targeted for artificial reef graphic, social, economic and in the development of the Texas construction because of obstruc- environmental concerns have Artificial Reef Plan. The national tions in existence include all been incorporated into a resource plan gives general guidelines and artificial reefs currently in place planning framework developed some specific criteria for siting. off the Texas coast. Permits for by the Sport Fishing Institute, For example, exclusion areas for four of the five Liberty ship sites that can help in siting reefs artificial reefs to enhance fishing have allowed for the addition of designated for the enhancement resources should include, but petroleum platforms to those sites. of recreational fisheries. This need not be limited to, shipping framework can be modified to lanes, existing “live bottom” include the provisions mandated areas, restricted military areas, by the Parks and Wildlife Code areas of poor water quality (e.g., ydrographic (Chapter 89). hypoxic zones, sewage outfalls, Three basic steps are included toxic chemical dumps), tradi- HCriteria in the Sport Fishing Institute’s tional trawling grounds, unstable framework for identification of bottoms, existing rights-of-way The primary hydrographic artificial reef sites. The first is to (e.g., oil and gas pipelines and factors to be considered in site identify the fishing zone desig- telecommunication cables), and selection include waves, water nated for development using sites used for other purposes depth, currents, tides and water geographic, social, economic, and which are incompatible with quality (Stone 1985). It has been environmental information. For artificial reef development. suggested that since hydro- Texas, that area is defined by Parks and Wildlife Code, graphic effects are difficult to Chapter 89 of the Parks and Wild- Chapter 89, further requires that a predict, the reef planners should life Code as the navigable water of map be developed that depicts anticipate the maximum effects Texas and water or the federal priority areas for artificial reef possible, and compensate with fisheries conservation zone adja- development consistent with the appropriate reef shapes, compo- cent to Texas waters. The second provisions of the Chapter and the sition, and siting prior to deploy- step, exclusion mapping, identi- National Fishing Enhancement ment to insure that the reef is not fies and excludes areas within the Act. The technique described damaged, displaced or silted over. fishing zone which should not be above and the criteria that follow The scientific literature used for artificial reef develop- were used to construct the required provides little guidance for setting ment because of existing legisla- map (Figure 1). Specifically, the strict and discerning hydrographic tive or regulatory prohibitions, unshaded priority areas were criteria, thus a conservative approach should be taken under beyond 33 feet due to the mixing Figure 1. the general guidelines given in of bottom sediments caused by Map of priority the literature. Reef stability wave interaction. Currents off the areas (blue) for depends on water depth and wave Texas-Louisiana continental shelf artificial reef devel- conditions. Water movement gen- coastal region are primarily opment in the Gulf erated by currents or tides may driven by longshore windstress. of Mexico off affect siltation, material dis- Water circulation associated with Texas. Dashed line placement, light penetration, and currents is dynamic, and each pro- indicates boundary the fishability of the reef site. posed reef site should be evaluated of water area Water out to the 33 foot isobath extensively for prevailing current covered by Plan. is generally more turbid than patterns. existing and proposed fishery eological management plans and regulations ocial Criteria for the targeted species must also G be evaluated, as artificial reefs must SCriteria be used to accomplish fishery Substrate composition and management goals. Social concerns of artificial sedimentation are the two pri- reef development focus on the mary geological considerations safe utility of the proposed artifi- for artificial reef siting. Loca- cial reef to the targeted user group. tions with a hard rock or hardpan The Parks and Wildlife Code bottom and a thin covering of cological mandates that recreational and sand or silt are highly recom- commercial fishermen are to be mended in the national plan; ECriteria targeted as user groups for artifi- however, hard packed sand, gravel cial reef development in Texas. or shell are also acceptable, Quantitative literature on the Thus, safety concerns, along with especially for placement of low enhancement of fisheries with the utility of the reef to recre- density material such as fiber- artificial reefs is vague; however, ational and commercial fishermen glass, plastic or rubber. Soft general ecosystem concepts lead must be considered. Artificial sediments such as clays, silts, and to the conclusion that use of an reefs cannot be placed within loosely packed sands should be artificial environment to modify 1640 feet around oil production avoided. food webs in an ecosystem will platforms or 774 feet around Bottom compositions range pipelines, nor in prohibited areas lead to both positive and negative from sand and silt to hardpacked and danger zones designated by sand at nearshore locations, with changes in that ecosystem. For the U. S. Department of Defense. an increase in sand content example, species adapted to a soft Polluted areas and area affected towards the mouth of the Rio or sand bottom environment may by treated sewage effluent should Grande River, and an increase in be displaced by the construction also be avoided to minimize mud content with movement of an artificial reef in that area. resource exposure and risks to offshore. Soft-sediments of Therefore, the ecological benefits public health. unconsolidated clay or silt sized of artificial reef production must Additional social factors particles tend to silt over, subside, be weighed for all life stages of which must be evaluated when or degenerate from the abrasive affected organisms on a species planning the location of an artifi- effects of water born particles and by species basis. Areas already cial reef include the amount of current or wave action. high in biological productivity land based infrastructure avail- are not potential artificial reef able to support the activities of a sites according to the national user group in an area, the plan. Examples of these types of accessibility of the proposed reef habitat include live bottom areas, to the identified user group, and iological oyster reefs, coral reefs, beds of the ability of the proposed site to Criteria aquatic grasses or macroalgae, attract the species targeted. The B and scallop, mussel or clam beds. gulf area within 30 miles of Live bottom areas are defined as Aransas Pass, Galveston, Freeport, Artificial reef development marine areas supporting dense Port Mansfield, and Brazos may be either beneficial or detri- Santiago Pass serve the largest growth of sponges, sea fans, mental to marine organisms in the and broadest constituency of corals, and other sessile inverte- affected area. Species which have fishermen. The gulf access sites been targeted for artificial reef brates generally associates with most utilized by party boat development should be benefited, rock outcrops. Live bottom areas anglers seeking fish typically although literature regarding off of Texas are concentrated at associated with reefs (e.g., snapper, increases in actual production by depths greater than 197 feet. In grouper, mackerel) are Galveston, artificial reef development for the Gulf off Texas there are areas Freeport, Aransas Pass, and Brazos reef associated species is incon- high in biological productivity Santiago Pass. clusive. Determination of appli- other than those previously listed. User conflict at artificial cable biological considerations These other areas support exten- reef sites in Texas was not identi- must be based upon the proposed sive infaunal and demersal stocks fied as a problem in Texas waters; purpose for artificial reef devel- characterized principally by however, potential user conflicts opment, which dictates the species shrimp and groundfish com- may increase with the potential to be targeted. Siting criteria must munities which would be affected increase in artificial reef be evaluated for each species or by the placement of artificial reefs. development. Since the primary species groups, and include deter- These communities are located purpose of this plan is to enhance mination of species range and primarily within depths less than fisheries, the siting of reefs must habitat requirements. In addition, 328 feet. consider the impacts on all Texas fisheries. A reef that may enhance mercial and recreational fisher- administered by state agencies the reef fishery might adversely men, as well as the “non-use” which hold all required permits impact the shrimp or menhaden benefits that are not related to for artificial reef development. fisheries. The shrimp trawling immediate harvesting of the Even so, potential liability for industry opposes artificial reef fishery stocks. Projected benefits injuries, loss, or damage resulting development in these productive can be compared to the costs of from construction or maintenance areas because of the potential siting and maintaining the reef in of an artificial reef may involve damage to equipment, but advo- specific locations. numerous parties, and will be cates the development of artificial decided based upon the National reefs in areas historically avoided Fishing Enhancement Act, Parks because of bottom obstructions or and Wildlife Code, federal snags. admiralty law, and/or state tort law. The State of Texas, however, does not assume ownership (and Funding liability) until the rigs are properly placed on the ocean floor. conomic Support for artificial reef Specifically, the Department and development may take the form its agents must be directed not to ECriteria of money, material, or labor, and accept liability for, and it is not may be donated by private or within the course and scope of The costs associated with governmental agencies, granted their employment to accept lia- building, siting, maintaining, and by federal, state, or local govern- bility for, incidents arising out of managing artificial reefs in ments, provided in mitigation the dismantling, transportation, or addition to opportunity costs of activities, or raised by the salvage placement of donated oil rigs. utilizing the water column for a of donated materials. Siting of All future donation agree- reef should be weighed against artificial reefs is usually associ- ments must absolve the State of benefits which will be derived ated with the type and amount of Texas from liability for incidents from the reef. Opportunity costs funding available. In Texas, the arising out of the dismantling, represent costs to other user Legislature has mandated that transportation, and placement of groups that are excluded because funding come from sources other the rigs and must designate the of the creation of the reef. Siting than state general revenue funds. donor oil company, or a third should consider all of the aspects However, county and local party, as liable for all claims aforementioned as they all are governments may provide support arising prior to the rigs being affected by the location and for artificial reef development. placed correctly on the ocean floor. primary use of the reef. Bonus revenues from the sale of These provisions ensure that Artificial reef development salvageable reef materials, and a future state official unaware of may be partitioned into six mitigation have also been used to the liability dangers associated phases, each of which may require fund artificial reef development. with dismantle and transportation funding: 1) acquisition of reef will not inadvertently allow the material, 2) preparation of reef state to be made the insurer for materials for deployment, 3) what is potentially the most transportation and deployment of dangerous phase of the project. reef materials, 4) buoy purchase, The donation agreement for the 5) buoy maintenance, and 6) Transco rig-to-reef project in early evaluation studies. Administra- Liability 1990 fulfills these requirements. It tive costs are common to all six is essential that future donation phases. Because many aspects of Liability is an important agreements track the language of state artificial reef programs are issue in artificial reef development this agreement. interdependent, and may be inte- and management, and may be The Texas Tort Claims Act grated with other state programs, incurred at all stages of the project, (Art. 6252-19) defines the liability it is difficult to interpret funding including permitting, siting, of state government and state of these programs, and even more transportation, deployment, and agencies in Texas. Sovereign difficult to partition funding into maintenance. Section 205 of the immunity is eliminated in Sec- development phases. However, by National Fishing Enhancement tion 4, but liability is limited in considering the significant Act mandates that proof of finan- Section 3 to $250,000 per person, activities associated with each cial ability to assume liability $500,000 for any single occur- phase, approximate costs can be must be presented to the Corps of rence of bodily injury or death, estimated. Engineers by the permit applicant and $100,000 for any single The benefits or positive before a permit for artificial reef occurrence of injury to or loss of economic effects provided by construction may be issued. As a personal property. artificial reefs include enhanced result of this requirement, many Liability concerns have been fishing opportunities for com- artificial reef programs are addressed by administrators of state artificial reef programs on the Gulf and Atlantic coasts. Some administrators feel com- fortable with their protection under the National Fishing Enhancement Act, providing conditions of the permit are closely adhered to. Other admin- istrators are quite concerned about liability, and each has tried to obtain a ruling from their state attorney general’s office. In most cases, the ruling has not been of assistance, and it is felt that the ambiguity concerns about liability will not be resolved until a relevant suit undergoes litigation. However, these administrators recommend that state artificial reef programs should be reviewed with the state attorney general’s office in order to clarify the program’s liability exposure.

tate and SFederal Laws Other State and Federal regulations and fishery manage- ment plans which are designed to protect or enhance species must be considered when siting an artificial reef. For example, if a targeted species is managed by a minimum size limit, artificial reefs that congregate large con- centrations of undersized fish may compromise a fishery man- agement plan’s objective by increasing fishing mortality. PERMITTING

he creation of artificial region, and evaluation of permit reefs changes some aspect requests are directly subject to T of an existing environ- interpretation by regional ment. Society, through its govern- personnel. ment, has required that before Artificial reefs proposed for those changes can occur, the construction in Texas waters are possible impacts must be eval- also subject to permit require- uated through several permitting ments by three state agencies: agencies. Before construction the Texas General Land Office, the may begin on an artificial reef Texas Water Commission and the project in United States navigable Texas Antiquities Committee. waters, permits must be obtained Procedures for permit application from two federal agencies, the to the Texas Water Commission Corps of Engineers, and Coast are initiated by the Corps of Guard. In addition, a third permit Engineers upon receipt of a Corps from the Environmental Protec- of Engineers application. Permit tion Agency may be necessary applications for the required Possible impacts must be evaluated through several permitting agencies.

if materials are considered, by coastal easement lease from the the Environmental Protection Texas General Land Office are the Agency, to be in violation of applicant’s respon-sibility. The water quality standards. Each Antiquities Com-mittee is agencies’ authority is highly empowered to protect landmarks decentralized, with regional deci- and thus may review applications sion making capabilities. More- for siting of reefs and may over, each permit is evaluated on require a permit if a landmark might a case-by-case basis within a be affected. CRITERIA FOR ESTABLISHING, CONSTRUCTING AND MAINTAINING ARTIFICIAL REEFS

aterial and design However, conflicting reports exist Institute’s ‘Reef Profiles’ database selection for an artifi- con-cerning the importance of are constructed of materials of M cial reef should be based height to artificial reef design. opportunity. The most commonly upon the overall purpose for Fish aggregating devises are used materials of opportunity are artificial reef development. The moored structures which are either obsolete vessels, surplus concrete, purpose of artificial reefs in suspended in mid-water between tires, and various types of stone Texas is to enhance fisheries surface and bottom, or float at the rubble. In addition, the avail- resources and commercial and surface. Fish aggregating devises ability of obsolete oil and gas recreational fishing opportunities are designed to attract and platforms or rigs, which provided for Texans. The efficacy of specific temporarily hold fish, which are impetus for the Louisiana Artifi- materials and designs can be most often pelagic species. cial Reef Initiative promises to evaluated on the basis of four Researchers disagree regard- be important in future artificial standards, including function, ing the importance of vertical reef development in the Gulf of compatibility, durability and relief to artificial reef effective- Mexico. The available scientific stability, and availability. Evalua- ness. The steepness of the sides of information on the best materials to enhance any species or species groups is limited; however, some substances are better than others at The efficacy of specific materials and obtaining desired effects. More- over, stability and durability of designs can be evaluated on the basis of four artificial reefs depend on the type standards, including function, compatibility, of material used. durability and stability, and availability.

tion of specific materials and a reef may actually be more designs using these standards may important than reef height, Marking be accomplished regardless of the however, the basis for this con- location of development. clusion is not known. Enhance- Marking requirements, ment of fisheries resources is regulations and specifications correlated with the structural regarding marking artificial reefs complexity of reefs. Reefs con- in the Gulf are stated in the policy structed perpendicular to general statement ‘Eighth U. S. Coast prevailing currents additionally Guard District Policy For Mark- esign increase water flow; however, the ing Artificial Fishing Reefs In D placement of reefs perpendicular The Gulf Of Mexico’, available to prevailing currents in areas of from the Eighth District Com- The available scientific exceptionally strong currents and/ mander and outlined below. evidence is inconclusive on the best or storm surges may result in reef displacement. designs to enhance any species or Depth (mean low tide): Type of species groups. How-ever, buoy(s) required if the clearance available information indi-cates that certain designs do affect the from the water surface to the top number of fish and species types of the reef is: attracted to an artificial reef. a. less than 85 feet – yellow Artificial reefs can be characterized special purpose buoy(s) with a as either benthic reefs or fish Materials flashing six second yellow light; aggregating devices; each of these b. 85 to 200 feet – unlighted groups can be further Materials used for artificial yellow special purpose buoy(s); characterized, based upon height reef construction are classified as c. 200 feet or more – in the water column. Low profile either materials of opportunity or markings not required. benthic reefs have a reef height to prefabricated materials. Materials water depth (aspect ratio) of less of opportunity include natural Size: Number of buoys required if than 1/3, while high profile benthic materials such as stone rubble, the longest side of the reef is: reefs have an aspect ratio of brush or trees, and surplus or a. less than 1/2 nautical greater than 1/3. High profile damaged material such as con- mile – one buoy positioned in benthic reefs are thought to be more crete, derelict vessels, scrapped the center of the reef; versatile than low profile reefs, vehicles, tires, or oil platforms. b. 1/2 to 1 nautical mile – since they have the potential to Eighty percent of the reefs one buoy positioned at each harbor a greater species diversity. recorded in the Sport Fishing corner of the reef; c. over 1 nautical mile – one buoy set on each corner of the reef and additional buoys positioned on the reef’s perim- eter at 1 nautical mile intervals or as directed by the District Commander.

Location: If the reef is located within 1500 feet of a fairway, channel or anchorage area, a quick flashing (red or green) buoy between the edge of the reef and the navigational area is also required.

Waivers may be granted for the lighted buoy requirements on reefs with over 50 feet of water clearance provided: a. the reef is over 2 nautical miles from fairways, channels or anchorage; b. there is no history of deep draft traffic in the area; c. the entire reef complex is adequately marked.

Waivers may also be granted for the marking requirement on reefs with over 85 feet of water clearance provided: a. the reef is included on updated National Ocean Ser- vice navigational charts; b. the reef is over 2 nautical miles from fairways, channels or anchorage; c. there is no history of deep draft traffic in the area. MECHANISMS AND METHODOLOGIES FOR MANAGEMENT

exas legislators have and recreational fishing opportu- cial reef, there is a net loss in delegated some authority nities. To achieve this goal, the fishery resources. Although the T to manage the fishery Department is mandated to; plan biological attributes of artificial resources of Texas to the Texas and review permit applications reefs have been verified in a Parks and Wildlife Commission, for artificial reefs; coordinate number of observational studies, which is appointed by the Gover- with relevant state and federal there are still only limited scienti- nor and approved by the Senate. agencies; hold public hearings on fic studies relating to the manage- The Texas Parks and Wildlife proposed artificial reefs; oversee ment of artificial reefs. Few Commission establishes policy the maintenance and placement studies used quantitative experi- for the Department and adopts requirements of artificial reefs; mental methods and many lacked regulations. The Department and, develop rules and guidelines, scientifically valid controls. The administers the Commission’s in conjunction with the advisory management programs, enforces committee, in the collection of importance of fish attraction statutes and regulations, conducts fees, grants, and donations to the versus fish production and the research and provides informa- artificial reef fund. The twin relationship between standing tion and recommendations to the goals of enhancing the resource crop and fish catch have not been Commission, Legislature and as well as fishing opportunities adequately addressed. Thus, as reef programs move forward, there needs to be increased atten- There needs to be increased attention on the tion on the questions regarding the impacts of artificial reefs on questions regarding the impacts of artificial fish populations and fisheries, not just development of more reef reefs on fish populations and fisheries. sites. The debate among artificial reef authorities continues to center around the question of whether reefs Governor. The Department was may not necessarily compliment actually increase predatory fish granted authority to regulate the each other when the establishment biomass or merely concentrate the harvest of all wildlife resources, of an artificial reef results in already existing biomass. If except shrimp and oysters, in all increased fishing mortality. Both artificial reefs merely attract fish counties via the Wildlife Conser- commercial and recreational then the placement of more of vation Act of 1983 (Chapter 61, fishermen will concentrate their these structures could be detri- Parks and Wildlife Code), and has fishing efforts at artificial reefs mental in areas where fish stocks additional authority in certain when they target reef community are already overfished. For other counties via Title 7 (Local species. High fishing mortality and Special Laws) of the Parks example, red snapper in the Gulf on an artificial reef can lead to and Wildlife Code. Authority to are currently being over-fished. regulate shrimp and oyster har- overfishing, as witnessed on Management efforts that con- vest was provided in 1985 through artificial reefs off South Carolina. centrate the species and thereby amendments to Chapters 76 and Once fishing mortality exceeds increase its vulnerability to fish- 77, Parks and Wildlife Code. In the production of biomass attrib- ing pressure may serve to harm addition, through Chapter 79 uted to enhancement by an artifi- the population further. (Parks and Wildlife Code, Extended Fishery Jurisdiction), the Department is authorized to cooperate with the Gulf of Mexico Fishery Management Council for management of fishery resources in waters of the Gulf beyond state waters. The Department’s mission is to prevent depletion and waste of wildlife resources while maxi- mizing the opportunity for har- vest by regulating the means, methods, manners, and places in which it is lawful to take or possess wildlife resources. This mission parallels the goals of the Texas Artificial Reef Plan which calls for the enhancement of fishery resources and commercial MANAGEMENT OF THE ARTIFICIAL REEF FUND

he Legislature has created a fund designed to allow T the Department to carry out artificial reef plan manage- ment independent of any other legislative funds or appropria- tions. Specifically, subchapter C, Section 89.041 of the Parks and Wildlife Code directs; (a) that the artificial reef fund be created in the State Treasury, (b) the fund be composed of all funds received by the state, including interest and earnings on the funds, and (c) no state general revenue funds shall be expended in the devel- opment or implementation of The Legislature has created a fund designed to allow the Department to carry out artificial reef plan management.

this plan. Additionally, Section 89.002(b)(5) of Parks and Wildlife Code directs the Department to develop rules and guidelines, in conjunction with the advisory committee, in the collection of fees, grants, and donations to the artificial reef fund. CURRENT ACTIONS AND RECOMMENDATIONS

guidelines governing the creation Permitting and management of the Artificial Materials and Authority Reef Fund, the duties of the Design The legislature mandated Artificial Reef Advisory Com- Benthic reefs are designed the Texas Parks and Wildlife mittee will be complete and its to enhance habitat for bottom Department to promote, develop, authorization will terminate. dwelling organisms, whereas fish maintain, monitor, and enhance aggregating devices serve only the artificial reef potential in RECOMMENDATIONS to attract and temporarily hold Texas waters and the Exclusive Subsequent to the adoption pelagic fish species. Thus, benthic Economic Zone adjacent to Texas of the Artificial Reef Plan, an reefs serve all aspects of the waters. Currently, the Department advisory committee consist- Department’s goal for artificial performs these functions by ing of persons from groups reef development, including the obtaining permits for artificial with interest in artificial enhancement of fishery resources reef sites from other state and reefs should be selected by and opportunities for recreational federal agencies, and by com- the Chairman of the Texas and commercial fishing; how- menting upon permit applica- Parks and Wildlife Com- ever, fish aggregating devices tions submitted by other artificial mission for the purpose of serve only to enhance fishing reef builders to other state and advising the Department on opportunities. The National federal agencies. Although the implementation of the Plan. Artificial Reef Plan calls for Department’s comments are artificial reef materials to be taken into consideration by the highly durable and stable to pre- permitting agency, the Depart- vent displacement or breakup of ment does not have the authority the reef. The more complex the to deny a permit when the goals Map of Priority material or arrangement of the of artificial reef construction Areas For material comprising an artificial proposed by another party con- reef, the greater the number of flict with the Departmental goals Artificial Reef chambers, openings and intersti- outlined in Chapter 89 of Texas tial spaces. A moderate to high Parks and Wildlife Code. Development level of complexity is most Chapter 89, Parks and beneficial for artificial reef RECOMMENDATIONS Wildlife Code, requires that the success. The Department should be Plan include a map depicting made a permitting agency priority areas for artificial reef RECOMMENDATIONS for artificial reef devel- development. An exclusion map- Artificial reefs should be opment in Texas and the ping process was used to generate constructed as benthic reefs adjacent Exclusive Eco- a map of priority areas for artifi- using ships, oil platforms, nomic Zone, with authority cial reef development. During or similarly constructed to deny any permit for this process, all areas which have materials arranged in as proposed artificial reef been designated as unsuitable for complex a fashion as possi- ble without jeopardizing construction which does not artificial reef development by conform to the Texas Artifi- structural integrity, and the best scientific information oriented in a fashion which cial Reef Plan. available or by the National maximizes effectiveness, Artificial Reef Plan were identi- durability and stability. fied, using appropriate geo- Artificial Reef graphic, hydrographic, geo- logical, biological, ecological, Advisory social and economic criteria. Acquisition of These areas were then plotted on Reef Materials Committee a map of waters covered by the As the specifics of this Plan Plan, and designated as areas to A great deal of materials of opportunity which can be used are implemented following the be initially excluded for artificial for artificial reef construction are adoption by the Texas Parks and reef development. The remaining Wildlife Commission of rules available. Offshore platforms areas are designated priority are presently located in the Gulf of and regulations, it is vital to have as for artificial reef development. Mexico are already fabricated the continued input of all indi- and serving as artificial reefs. viduals and groups interested in RECOMMENDATIONS Offshore platforms are available artificial reefs and associated The specific locations for at an increasing rate for use in resources of Texas. Upon com- artificial reef development artificial reef development pro- pletion of this Artificial Reef should be within the priority grams. Their construction is con- Plan, which includes rules and areas depicted in Figure 1. sistent with recommendations concerning materials and design, tures are stable and effective at and their donation as artificial Funding of supporting fish and invertebrate reefs to state agencies willing to Additional assemblages common to natural assume the associated liability reef habitats. By minimizing make them attractive from a cost Program Needs movement and alteration of exis- efficiency standpoint. Beyond the costs associated ting oil and gas platforms, artifi- with the maintenance of artificial cial reef deployment costs as RECOMMENDATIONS reefs come potential costs of well as disturbance of the exis- The Department should liability. Once ownership of the ting assemblages of organisms actively pursue acquiring materials on an artificial reef site are minimized. offshore platforms for use as is transferred to the Department, artificial reefs in the Gulf of liability costs may be incurred Mexico, in deference to other RECOMMENDATIONS for which state funds are Existing oil and gas plat- structures. insufficient or otherwise not forms located in the priority available. In addition, numerous research needs associated with areas for artificial reef devel- Funding of Reef artificial reef development have opment should be deployed been identified, such as deter- as artificial reefs as near Development and mination of the best monitoring their current location and in methods and best materials, a form as close to their Maintenance designs, and locations for deter- current form as possible. With the assistance of the mining and subsequently maxi- Artificial Reef Advisory Com- mizing the enhancement capabil- mittee, the Department has been ities of artificial reefs. Currently, Siting of directed to develop rules and dedicated funding for these inves- guidelines for the establishment tigations is not available. As the Platforms and management of an artificial donation of materials by an reef fund. The legislature has entity may result in substantial Exogenous to required the Department’s artifi- savings over alternative methods cial reef program to be self- of material disposal, funding for Priority Areas sustaining. With the construction artificial reef research projects Use of existing permitted of artificial reefs come costs and additional program needs Department artificial reef sites associated with administration, should be offset by the savings for deployment of additional deployment, maintenance (any accrued to the material donors. material ensures that new mate- action necessary to ensure rials are located in areas already RECOMMENDATIONS continuous compliance with all familiar to commercial and (a) The Artificial Reef Fund artificial reef permit require- should be the sole source of recreational fishermen as artifi- ments) and marking. Therefore, funding for costs to the cial reef sites. In addition, as the donor benefits from the Department associated with commercial shrimpers are histori- construction of an artificial reef artificial reefs. cally aware of these sites as areas with his donated material, he (b) Any donation of artifi- to avoid while trawling. should be responsible for costs cial reef material should be associated with its construction accompanied by a payment of RECOMMENDATIONS and management. at least 50% of the realized Offshore platforms located savings to the donor. Costs within excluded areas at the RECOMMENDATIONS associated with donation of an time of removal should be (a) The cost of the artificial reef (under recom- placed as near as possible to Department’s artificial reef mendation 6b) should be development, maintenance, included when calculating artificial reefs located in and marking program should potential savings. priority areas. not exceed revenues accu- mulated in the Artificial Reef Fund. Siting of Siting of Other (b) The cost of creating and maintaining and marking Platforms Materials artificial reefs should be borne by the donor; however, Indigenous to Exogenous to the Department should mini- Priority Areas Priority Areas mize these costs to the Existing oil and gas plat- The Department is man- maximum extent possible. forms serve as artificial reefs dated to develop artificial reefs to while still in use. These struc- enhance fishery resources and fishing opportunities, while mini- Joint be regulated to satisfy fishery mizing conflicts among users, and management objectives of minimizing environmental, prop- Management the regulating entities within erty, and health risks. The exclu- The Department is responsi- Texas and the adjacent Exclu- sion mapping process has desig- ble for developing artificial reefs sive Economic Zone. nated priority areas for artificial in the Texas Territorial Sea and reef development. Once these adjacent Exclusive Economic areas are identified, the final step Zone to enhance fishery resources Fishery in the exclusion mapping process and fishing opportunities. The of artificial reef siting includes Department is also responsible for Independent the designation of areas which the management of fish stocks Monitoring will provide as little conflict and related research in the Texas Territorial Sea, and in conjunc- The objectives of fishery among users of the water column independent monitoring per- tion with the National Marine as possible. Examples of these formed by the Department are to areas include historical obstruc- Fisheries Service and Gulf of develop long-term trend informa- tions to trawling and previously Mexico Fishery Management tion on fish population abun- constructed artificial reefs. Council is responsible for fishery dance and stability in Texas bays research and management in the and offshore waters, and to Exclusive Economic Zone. Coop- RECOMMENDATIONS monitor environmental condi- eration among these entities is The specific location for tions which may influence these mandatory for successful man- materials not already present factors. A monitoring program agement of common fishery within the priority areas provides information about most resources. This coordinated effort should be at sites that maxi- life history stages of the resource can provide for more effective and is capable of detecting mize enhancement of fishery development and management of changes in population structure. resources and opportunities artificial reefs and associated for recreational and com- fishery resources. RECOMMENDATIONS mercial fishing to achieve The Department’s present optimum yield, minimize RECOMMENDATIONS monitoring program should impacts on other users of the The Department should be enhanced to meet legisla- water column, and minimize continue to work with other tive mandates and to continue environmental, property and groups to coordinate artifi- to determine trends in popu- health risks. cial reef development and lation abundance and sta- management. bility, movement, growth, mortality and the impacts of environmental influences on Liability reef associated species. Liability may be incurred at Regulation of all phases of artificial reef development, including per- Fishery Resource mitting, siting, construction, and Fishery maintenance. Both the United Harvest States Congress and the Texas The National Artificial Reef Dependent legislature, through the National Plan directs artificial reef devel- Monitoring Fishing Enhancement Act, and opers and managers to consider The objectives of fishery Chapter 89, Parks and Wildlife the objectives of fishery manage- dependent monitoring programs Code, respectively, sought to ment entities involved in regu- are to determine size, catch per limit liability during artificial lating organisms influenced by unit effort and value of reef reef development. However, the artificial reefs. For example, if a associated species landed by success of these statutory efforts targeted species is managed by a commercial and recreational has yet to be tested in court. minimum size limit, artificial fishermen from Texas bays and reefs should not be constructed offshore waters, and to determine RECOMMENDATIONS to aggregate large concentrations monthly and annual purchases of The liability incurred by the of undersized fish, or should edible seafood products by com- Department through any facilitate maximum survival of mercial dealers through Monthly donations of artificial reef released fish. Marine Products Reports. Day- material should be mini- light commercial landings and mized to the maximum RECOMMENDATIONS fishing activities are estimated extent possible. Fishery resource harvest from on-site surveys at seafood from artificial reefs should dealers, boat access sites and commercial vessel docking structures. The landings and fish- Communication, ing activities of sport fishermen Research, and are monitored through on-site surveys at recreational boat Education access sites. The Department is required to report on findings of fishery RECOMMENDATIONS research, assessments and evalua- The Department’s present tions and to make recommen- monitoring program should dations for further actions when be enhanced to meet legisla- studies indicate they are appro- tive mandates and to con- priate to accomplish the objec- tives tinue to determine fishery of this Plan. harvest trends, economics The creation of artificial and impacts of sociological reefs provides valuable research influences. opportunities. Many questions regarding the productivity, general ecology, and use of artificial reefs by fishermen and Assessment and recreational spectators remain unanswered. New artificial reefs Evaluation will provide educational oppor- The Department is man- tunities, allowing for the study of dated (Sections 12.001, 61.051, reef communities. and 89.021, Parks and Wildlife Code) to annually assess and RECOMMENDATIONS publish the status of marine (a) The Department should organisms of the state’s saltwater continue to maintain a high fisheries and associated environ- level of interdepartmental mental variables. The Depar- and interagency communi- tment is also responsible for cation to more fully benefit making management recommen- from the free flow of infor- mation concerning artificial dations regarding the state’s reef research, adverse envi- fisheries. ronmental conditions and changes in economic and RECOMMENDATIONS societal goals. Continued assessment and (b) The Department should periodic evaluation of the take advantage of the oppor- Department’s activities by tunities afforded by the the Texas Parks and Wildlife creation of artificial reefs for Commission are necessary to scientific study and education meet legislative mandates of the public, including and to address data needs recreational spectators (e.g., reviewed in this Plan. nonconsumptive divers).

The Texas Parks and Wildlife Department will periodically update data and information contained within the Texas Artificial Reef Plan. ~ NOTES ~ PWD-PL-3400-332-12/90

Dispersal of this publication conforms with Texas State Documents Depository Law, and it is available at the Texas State Publications Clearinghouse and Texas Depository Libraries.