Comments on Proposed Changes to Fisheries Regulations
Richard S. Appeldoorn
Department of Marine Sciences
and
Executive Director
Caribbean Coral Reef Institute
University of Puerto Rico
Mayaguez, PR 00680-9000
Richard.appeldoorn@uprm.edu
July 26, 2010
I offer a few comments on the proposed changes to Puerto Rico’s fisheries regulations,
specifically with respect to Article 8. These comments are based on our current understanding of
the state of the reef fisheries in Puerto Rico, as follows:
1) The reef fishery complex in Puerto Rico is overfished and has been for decades. While
there are many studies that document this over the years, as a basis for this I will cite the
most recent comprehensive study, that of Ault et al. (2008). Thus, the new regulations
should be designed to rectify this situation.
2) Overfishing is one of the major sources of coral reef decline. I will cite Jackson (1997)
as the initial basis for this, but there has been substantial supporting evidence since then.
Thus, if fisheries management is to be in accordance with the principle stated in Articles
5 and 6, as well as the Puerto Rico Coral Law, it will seek to reduce overfishing to a point
such that coral reef recuperation is possible. While it can be argued that there are no set
guidelines on these levels, there are clear principle that can be applied (see for example,
Appeldoorn 2008) that will move the situation in the right direction.
3) Because of the non-linear dynamics that characterize complex socio-ecological systems,
building resilience into the system is critical. In response fisheries management is now
adopting an ecosystem approach that recognizes these larger impacts and attempts to
enhance ecosystem resilience and avoid thresholds leading to altered ecosystem states.
Again, Appeldoorn (2008) gives guidelines relevant to Puerto Rico reef fisheries. Thus,
the new regulations should reflect these new realities and adapt management strategies
accordingly.
In this context, I offer the following comments and suggestions:
Art. 8,5 and 8.6. Spear guns are one of the most damaging of fishing gears, as they specifically
target the most susceptible and often most valuable components of the reef ecosystems, that is
the large predators and parrotfishes. While recognizing that there are strong constituencies of
both recreational and commercial fishermen that use spear guns, their activities have a
disproportionally large impact. My recommendation is that its use should be banned altogether
(except for scientific collecting under permit): true fisherman will be able to adapt to alternate
gears. If that is not politically feasible, than use should be restricted, such as limiting only the
use of the Hawaiian sling or limiting the daily catch.
Art. 8.8 This regulation does not take into the account several important aspects of
Mona/Monito, including (1) the critical role Mona Island is thought to play as a biogeographic
stepping stone across the Mona Passage (a well documented biogeographic barrier for many
taxa), (2) the dependency on fish stock there to be dependent on self-recruitment, which makes
them particularly susceptible to overfishing, and (3) the even greater susceptibility of key
snapper and grouper species that form aggregations for spawning – some of these aggregations
occur outside the proposed half mile boundary. In fact, the original regulations, also set at ½
mile were subsequently altered to be based on depth in an effort to protect these fragile
populations. In fact, even this approach left too much to chance or to willful poaching. I
recommend the boundary be set at greatest distance by employing both a 1 mile and 100 fathom
limit.
Art. 8.22. I have already commented to the DNER about the evidence concerning the peak of the
reproductive period for conch. The proposed change in the closed season to Aug-Oct represents
one done without proper study and in disregard to regional agreements in the Caribbean to
attempt uniform dates for closure to facilitate enforcement. As stated in my previous comments,
however, there may be circumstantial evidence suggesting the peak of the spawning season
might have shifted in response to global warming and rising sea water temperatures.
Art. 8.22 and 8.23. Missing from here is the current regulation of a daily catch limit for queen
conch for both the recreational and commercial fishery. This regulation along with additional
regulations (minimum size and a closed Federal zone on the west coast – a large and effective
reserve for this species) have been instrumental in sustaining a steady, albeit slow, recovery for
this species. Nevertheless, the population would have to double several times to no longer be
considered overfished.
Art. 8.24. I strongly support the proposed closed season for red hind in as far as they go. While
actual spawning typically occurs in January and February, the aggregations themselves start
forming as early as December. A recent study (Marshak 2007) showed that the short seasonal
closures associated with the three west-coast aggregations under Federal jurisdiction where
completely ineffective due to the large increase in fishing effort occurring immediately before
and after the closure, when fish are still aggregated. In this light, I would recommend extending
the closures until March 15, as we have documented the persistence of aggregations into March
when the full moon occurs early in the month.
In general, I applaud the approach of using seasonal closures to protect spawning fishes,
especially those known to form discrete aggregations. A comprehensive study by Ojeda et al.
(2007) clearly shows that aggregation sites are more numerous that previous suspected, making
area closures impractical on an island-wide basis.
Art. 8.48 The concept of a seasonal closure for Gaujil is good, but it is misplaced by being
limited to Mona Island. (1) This regulation should not be seen as a substitute for having the
aggregation site fall outside the proposed half-mile limit, but should be invoked in addition to the
spatial protecting by having the aggregation site fall within the no-fishing zone (see comments
on Art. 8.8). (2) While the vulnerability of this species at Mona is high, this is apparently the
situation around all of Puerto Rico. In their study, Ojeda et al. (2007) found that over 10% of the
reported aggregations had already collapsed.
Additional comments and suggestions
The regulations make no effort to conserve the large parrotfishes, which are grossly overfished to
the extent that they are effectively gone in an ecological sense. However, the grazing activities
of these large species are different from small species and are important components required for
health coral reef ecosystems (see Mumby et al. 2006). There should be a total ban on the take of
following species: blue parrotfish (Scarus coeruleus), midnight parrotfish (Scarus coelestinus),
and rainbow parrotfish (Scarus guacamaia).
No efforts have been made to address the levels of overall catch either for the commercial or
recreational fishery. Unfortunately, the levels of both fisheries are so high that other regulations,
by themselves, will not restore either the fisheries stocks (see comments on Art. 8.24) or coral
reef health. (See comments are Art. 8.22 and 8.23 for where limits are shown to work). In this
sense, the proposed limits fail to meet the responsibilies outlined in Articles 5 and 6. Limits can
be done either through quotas or through closed areas, but preferentially both. Closed areas have
many additional benefits relative to maintaining resilience and assessing fisheries stocks (see
Appeldoorn 2008).
Literature Cited
Appeldoorn, R.S. 2008. Transforming reef fisheries management: application of an ecosystembased approach in the USA Caribbean. Environ. Cons. 35: 232-241.
Ault, J.S., S.G. Smith, J.Luo, M.E. Monaco, R.S. Appeldoorn. 2008. Length-based assessment
of sustainability benchmarks for coral reef fishes in Puerto Rico. Environ. Cons. 35: 221231.
Jackson, JBC. 1997. Reefs since Columbus. Coral Reefs 16 (Suppl. 1): S23-S32.
Marshak, A.R. 2007. Evaluation of seasonal closures of red hind, Epinephelus guttatus (Pisces:
Serranidae), spawning aggregations to fishing off the west coast of Puerto Rico, using
fishery-dependent and independent time series data. MS Thesis. University of Puerto
Rico. Mayagüez, Puerto Rico. 84 p.
Mumby, P.J., C.P. Dahlgren, A.R. Harborne, C.V. Kappel, F. Micheli, D.R. Brumbaugh, K.E.
Holmes, J.M. Mendes, K. Broad, J.N. Sanchirico, K. Buch, S. Box, R.W. Stoffle, A.B.
Gill. 2006. Fishing, trophic cascades, and the process of grazing on coral reefs. Science
311: 98-101.
Ojeda-Serrano, E., R. Appeldoorn, I. Ruiz-Valentin. 2007. Reef fish spawning aggregations of
the Puerto Rican shelf. Final report to the Caribbean Coral Reef Institute, UPR
Mayaguez, PR.
http://ccri.uprm.edu/researcher/Ojeda/Ojeda_Final_Report_CCRI_SPAG's.pdf