Anglers rally against regulations

A few days ago, Mark Marhefka drove by a local restaurant that was trying to lure folks in to have some "fresh local red grouper."

But that, the local commercial fisherman knew, certainly wasn't the catch of the day.

"I wanted to turn around and ask them where they got it," Marhefka said. "There are no fresh local red grouper."

That's because it's currently against the law to catch red grouper, or any shallow-water grouper, just as federal law has put red snapper off-limits. Stricter federal laws designed to end over-fishing took effect in January, closing off a number of fisheries at least temporarily. Now there is a plan under consideration to ban bottom fishing over a 10,000-square-mile area of the Atlantic.

Scientists and environmentalists say the closures are necessary to save many endangered species -- the red snapper population is estimated to be only 3 percent of what it was in 1945; the red grouper is at about 21 percent of previous levels.

But local anglers -- people who fish for fun and for a living -- say these strict measures mandated by Congress threaten an entire industry. And they want to change that. Right now, local fishermen are involved in a nationwide effort to force a change in the law. Thousands of them will travel to Washington later this month for a rally they hope will draw attention to this problem.

"People are getting fed up," said Mark Brown, a charter boat captain operating out of Shem Creek. "The only way to make a change is to get Washington to re-evaluate the federal law. If we don't, it's going to get a lot worse."

For years, Congress has allowed regional councils such as the Charleston-based South Atlantic Fishery Management Council to set regulations on fishing limits. But federal lawmakers recently put more stringent requirements on these groups to stop over-fishing on any species considered endangered.

It has put the South Atlantic Fishery Management Council, which used to weigh economic and recreational factors with scientific data when setting limits, into a position of just shutting down entire fisheries. Right now, there is a ban on red snapper for 180 days with an option to renew for additional 186. After that, some say the prohibition could stretch out for years.

"I'd rather do just about anything than do what we're doing to the fisherman," said Duane Harris, chairman of the council. "Ending over-fishing is very, very difficult, but the council is committed to doing it."

Now, the law calls for immediate closures whenever scientists determine there is a problem with any species. Fisherman say the new rules don't allow time for scientists to collect sufficient data to accurately estimate how many red snapper, or any other fish, are out there.

"We all want to end over-fishing," said Legare Smith, captain of a private sport fishing boat. "The issue is not only that it directly affects fishermen, but it's setting a precedent. What if they come back and say dolphin or wahoo numbers are down?"

Holly Binns, manager for the Pew Environment Group's campaign to end over-fishing in the Southeast, said that before Congress mandated automatic fishery closures, many regional councils just "kicked the can down the road" to avoid draconian measures. But that has pushed red snapper to the brink. Binns said the fisheries don't need to be closed forever, but they have to have a chance to re-build.

"We have got to give these fish a breather, give them time to re-populate," she said.

Many fishermen say they've seen more red snapper lately than they have in years. Scientists say that's because there were a couple of good years for red snapper breeding, and those are the fish anglers are seeing now. The two sides rarely see eye-to-eye, except that they both oppose over-fishing.

So far, it seems the complex new laws have led some recreational fishermen to give up on bottom-fishing.

"It's very confusing to the public," said Mike Able, owner of Haddrell's Point Tackle and Supply. "You've just about need to take a maritime lawyer out every time you go fishing. That's not how it should be."

But the larger problem is how this affects the $600 million-per-year fishing industry in South Carolina. That is what led state fishermen to charter buses and make plans to join the Feb. 24 rally in Washington. Anglers plan to meet with the state's congressional delegation before a three-hour rally outside the Capitol.

Their message is simple. Brown said these stricter laws will hurt local restaurants, put commercial fishermen out of business and could be the death knell for fishing charters. Coupled with the economy, he said, this could not have come at a worse time.

Marhefka, who owns Abundant Seafood, said he is constantly adjusting his business to find a niche to keep making money. But if the government bans bottom-fishing from South Carolina to South Florida, "I don't know how I'm going to make it," he said.