Public Reefing Workshop Summaries – June 2006

Workshops were held by the Texas Parks and Wildlife Department Artificial Reef Program (TPWD) in June at three locations on the coast to introduce the Public Reefing Program and seek input to its development. The Dickinson and Corpus Christi workshops had about a dozen attendees each. The Port Isabel workshop had a solid group of four attendees. All were very interested in seeing the program take place out of their ports. Overall, interest in the program was high and questions from the audience indicated those in attendance were well versed with operating in the Gulf as both anglers and divers. Interest was expressed in creating reef sites out of Freeport, Port O'Connor, Port Aransas, Port Mansfield and Port Isabel.

The Public Reefing Program concept will allow individual members and groups from the public to reef approved materials at TPWD permitted reef sites. Each site would be 160 acres in size and located near shore from each major port. Individuals would enter into an agreement with the TPWD Artificial Reef Program to place their materials to increase fishing (and some diving) opportunities offshore Texas.

Major program areas discussed at the workshop were: reef site selection, roles and responsibilities of TPWD and participants, use of the sites by members of the public and general questions about the program benefit, timeline and resources. Some of these questions, with responses, are listed below.

Reef Site Selection

Question: How will the reef site locations be determined?

Answer: Sites for the Public Reefing Program will be located relatively close to Gulf access ports along the Texas coast. Our goal is have at least one 160-acre reef site in state waters (within 9 nautical miles of shore) accessible from each major port. Major ports are considered to be: Port Arthur, Galveston, Freeport, Port O'Connor, Corpus Christi\Port Aransas, Port Mansfield, and Port Isabel. If needed, additional reef sites may be planned between these ports over time. Additionally, TPWD has many existing artificial reef sites that can be used for this program while a closer nearshore site is being created and permitted.

Question: What are some of the other determining factors that limit where a nearshore reef site can be built?

Answer: All of the normal constraints for permitting an artificial reef have to be considered. We avoid fairways and anchorages, and look for sites that do not have active oil and gas wells or pipelines. The bottom must be hard enough to support heavy materials so that they retain their profile instead of sinking into the mud. Clearance above the reefed materials is an issue that we must address with the U.S. Coast Guard (USCG). Depths within state waters are much shallower on the upper coast and this will present a special challenge for permitting. In addition, TPWD is cognizant of where the angler and diver would like to see reef sites. Public input is very important in this process and TPWD will try to accommodate those concerns, weighing all of the other factors, in creating reef sites. Consider factors such as: direction from the jetties and distance from other fishing sites.

Question: How will the reef sites be laid out?

Answer: Each reef site will be a square or rectangle of 160 acres in size (approximately the size of 121 football fields). A grid system will be developed that segregates the reef site into blocks that are approximately 260 ft x 260ft, an area of over 67,000 sq ft. The perimeter blocks will be limited to reefing by TPWD only and will serve as a buffer zone. The public will be assigned a block within the reef site to place their materials. The center point of the reef site will be buoyed with a 10-ft yellow spar buoy and may be attached to the bottom with a concrete block or other devices. TPWD will reef larger pieces of material in between those placed by the public to create a diverse reef system.

Question: How do members of the public apply for a reef site?

Answer: Members of the public do not apply for the reef site permit. That is done by the TPWD Artificial Reef Program. All reef sites will be permitted to TPWD by the U. S. Army Corps of Engineers (COE) and surface leases obtained from the Texas General Land Office. TPWD will then maintain the liability for these reef sites.

Question: Are there nearshore reef sites in this program now?

Answer: TPWD has several reef sites that are close to shore but there are currently three that can be stated as the best choices for public reefing: Port Mansfield, Port Isabel, and the George Vancouver Liberty Ship reef sites. The Port Isabel reef site was first approved by the COE on February 17, 1987. It is the largest reef site in the program, measuring 5,476 ft by 3,029 ft and encompassing over 380 acres. It is located 7 nautical miles southeast of the Port Isabel jetties in 75 ft of water with a 45-foot profile. Material deployed there now includes numerous reef balls, two 3-pile petroleum jackets (legs), a 60-foot tug boat, and a U.S. YR Navy Barge. We maintain a permanent buoy to mark this site. Workshop attendees asked whether a second site to the north of the jetties could be established. That suggestion will be evaluated by staff.

The Port Mansfield COE site permit was received on June 12. It will allow development of a 160-acre site 7 nautical miles southeast of the Port Mansfield jetties in 70 feet of water with a 20 foot profile. We currently have a large quantity of material stored at sites in Port Mansfield that will provide excellent seed material for this reef.

The George Vancouver Liberty Ship site was created over 30 years ago. It consists of a 440 ft. WWII Liberty Ship. The reef site is 160 acres and is located 9 nautical miles from the Freeport jetties in 60 feet of water. Our permit allows reef creation with nearly a 30ft. profile. A permanent buoy, maintained by the Program, marks the site.

Roles and Responsibilities of TPWD and Participants

Question: What are the roles and responsibilities of TPWD and the public?

Answer: The primary roles of TPWD will be to select the sites, acquire the necessary leases and permits, work with participants as consultants to provide information about the program and best practices, maintain navigational buoys and administer the program.

Participants to the program will become partners to the state in the reefing process by developing reefing plans, applying for a Public Reefing Agreement under the Public Reefing Program procedures, acquiring materials to deploy, working with the TPWD to have the materials inspected, deploying the materials according to the Public Reefing Agreement and reporting the deployment to the TPWD.

Question: Is the program in place now? If not, when do you expect the program to begin?

Answer: The program as presented has not been officially approved by the TPWD Commission. We will be presenting the program to them at the August Commission meeting for approval to publish the draft plan in the Texas Register and present it for public comment in the fall of 2006. After the comment period, we will bring it back before the TPWD Commission at the November Commission meeting for adoption.

Keep in mind that TPWD can enter into an agreement with any group or member of the public now to reef approved materials. The purpose of this program will be to create a simplified system that can handle all of these types of public reefing donations and inspection procedures.

Question: How do you envision the public reefing materials, considering the materials may be large and costly to move?

Answer: It is anticipated that a great deal of variability will develop in how the program proceeds. Some individuals may participate on their own, while others may join together in a collaborative effort to pool their resources and work together. It is anticipated that interested individuals will work with local communities, governments, and corporations to take the lead in developing goals and promoting use of their reef site. TPWD resources will be devoted to deploying larger materials at each of the sites.

Use of the Sites by Diverse Users

Question: How will the location of materials placed at a reef site by individuals be recorded and made available to the public?

Answer: Coordinates of individual pieces of material will be given to TPWD by the person conducting the reefing. Those coordinates will go into a database that will be used by TPWD for managing the reef site. When the coordinates for the reef site are given to the public in general, it will contain coordinates for the center point and the four corners, not individual pieces of material. This will provide some sense of ownership by individuals doing the reefing since they will know where they placed these materials.

Question: Are these individual reefings secret? Am I creating my own private reefing site?

Answer: As stated in the answer above, the reef locations of individual pieces of materials will go into the TPWD database and not published to the general public. However, TPWD cannot conceal this data if it is legally requested from a member of the public (i.e. open records request). The concept of this program will be that there will eventually be so much material at the 160-acre site that it will be impractical to need each individual location of reef material. The public, through fishing experience, will learn where the "hot spots" are located.

Question: Can TPWD prohibit persons, like commercial fishermen or others, from using the reef?

Answer: TPWD has no legal basis at this time to prohibit certain groups from fishing or diving at the reef sites. In managing potential user conflict, TPWD works with the commercial fishing industry in minimizing impacts when creating reef sites. Commercial shrimping activities would typically stay clear of these areas so that gear is not lost. Other commercial activities would be subject to TPWD fishing rules. Diving activities may be minimal due to the clarity of water nearshore but could be present. Fishermen who do not participate in the reefing are not prohibited from using the reef site.

Question: If I place materials at the reef site, don't they still belong to me?

Answer: Any materials placed by the public at a reef site become the property of TPWD and will be managed as such. The advantage of this system is that TPWD holds the reef permits and is therefore responsible for any liability that these structures may cause.

General Questions Regarding Public Benefit, Timeline and Resources

Question: Why should I want to participate in this program? Isn't the TPWD Artificial Reefing Program going to do this work anyway?

Answer: The simplest answer is that these reef sites belong to you. You have asked for good fishing sites and dive attractions closer to shore that can be reached by small boats. Many of the sites TPWD has created are 30 miles or more offshore. This program will create prime fishing (and some diving) opportunities nearshore, and aid TPWD in enhancing marine habitat in the Gulf of Mexico. Even though TPWD will begin and continue this work, the program will not be as successful as it will be with your help. We simply cannot develop these nearshore reefs in a timely manner without your assistance and support.

For charter operations (including party boats), whether angling or diving, users will see benefits. As more structure is available for clients to fish or dive, the more business will increase. Research in other parts of the country have shown that anglers enjoy fishing trips more if they do not have to travel far off the coast. Charter boats should also realize savings in fuel costs if they do not have to travel as far offshore or to a large number of spots. In the Alabama and Florida programs, charter operators are a significant player in reefings and realize the benefits of participating.

For coastal communities, this program can mean tourism dollars from visitors interested in sport fishing and diving, new and expanded businesses serving these visitors, and tangible increases in the value of marine resources to sustain these new and expanded businesses.

For the State of Texas and our agency and program, your participation increases the artificial reef potential in Texas offshore waters. That is our main goal and your assistance will increase that potential beyond what we can do with our existing resources. Your direct involvement in creating fishing and diving opportunities is critical in the program's success. As the public becomes more involved in reef development, they will take on a greater sense of stewardship and ownership.

Question: Can individuals or companies get a tax benefit for participating?

Answer: The State of Texas is a recognized not-for-profit entity by the IRS and we routinely document donations to the program for tax benefits. There may be a tax benefit for qualified contributions to the program. The value of services and materials donated may qualify for a tax deduction. This determination will be left to your professional accountant.