By Logan Hawkes It’s a clear case of the federal machine versus state’s rights, and the ensuing battle between the two governmental giants – the U.S. Government and the Texas State Government - will have a sharp negative impact on some local fishing charter operators and on many more charter companies from South Padre Island to Key West Florida. Controversy is brewing over National Marine Fisheries Service (NMFS) rules that require all federally charter fishing vessels to conform to federal regulations regarding the harvest of red snapper and other Gulf fish. The Feds claim certain varieties of Gulf fish are in need of better management. A new regulation limiting the number of red snapper allowed per fisherman was passed down about two months ago. The feds ruled only two legal-size snapper could be taken by each fisherman on a federally-permitted commercial charter in federal waters. But state wildlife departments in Texas, Alabama and Florida did not agree with the federal evaluation for the more restrictive limits on snapper and selected not to change snapper limits in state waters.  In Texas, each fisherman can bag four legal-size snapper per trip - in state waters only. So effectively, fishermen on federally-permitted charter boats could fish federal waters and bag two snapper, then return to state waters where they can bag another four snapper. The result has apparently irritated federal wildlife management officials. Late last week, in what some are calling an unexpected move, the federal Marine Fisheries Service issued a new rule immediately suspending the red snapper season in federal waters until next June, and further requires captains and operators of federal-permitted charter vessels to “voluntarily” limit fishermen to the two fish snapper limit per trip, regardless whether the fish were caught in state or federal waters. The rule, being termed necessary for the preservation of Gulf gag grouper – a fish not found in the waters as far as South Padre Island or the Western gulf – also addresses other types of fish including gray triggerfish and greater amberjack and, of most concern to Texas charter vessels, red snapper. Earlier this year the feds called for the premature ending of the red snapper season, changing it to end Aug. 5 instead of Sept. 30. That shortened season will continue through 2009 according to NMFS. By their own admission, the NMFS says the new rules come as a result the Texas Parks & Wildlife Department’s (TPWD) failure (and that of wildlife management agencies in Florida) to adjust state snapper limits and a shortened season to match federal rules. “The shortened red snapper season…was necessary because Texas and Florida have refused to follow the federal lead on red snapper and allowed looser rules in their state waters,” reads a NMFS announcement in the Southeast Fishery Bulletin. Meanwhile, mixed reaction is coming from charter operators from Galveston to South Padre Island. Matt Murphy, who operates three charter vessels on SPI, two of them with federal permits, is encouraging charter operators to contact state and federal representatives to fight the new restrictions. Murphy says his charter business has been at a stand still since Hurricane Dolly hit South Texas in July, effectively ruining hopes for a good snapper season. Under the new NMFS guidelines he says his snapper charter business will not be limited to a 65-day season each year. He says federally-permitted charter vessels are being forced out-of-business. His son, Captain Steve Murphy, like his father, says there are more red snapper in the Western gulf this year than they have ever seen before. “My father has been fishing these waters for 47 years, and there is no shortage of red snapper. The state recognizes this, and local fishermen recognize it. But the feds are determined they are going to get their way regardless,” he says. Captain Murphy says he is angered by the struggle between state and federal authorities. In the end, he says, it’s the charter operators who are paying for it. But he’s quick to point out the TPWD has been supportive of charter operators by “standing up the feds”. Captain Phil Calo, who also operates gulf and bay charters from South Padre Island, says he agrees the new rule is restrictive, but says the regulation will only affect his operation a few days out of the year. He also says there is a greater need for the protection of the gulf ecology, and charter operators must realize there is more awareness and concern for the environment. He says, like it or not, operators must “think green”. Yet other charter operators, from Port Aransas to Port Arthur, join Murphy in believing it is time for the state government to exercise their autonomous rights as guaranteed by the U.S. Constitution. A coalition of mostly Texas operators have secured legal counsel to fight the federal mandate, and say failure to reverse federal rules and to prevent additional unnecessary federal regulation could result in the demise of the commercial charter industry. “Like every charter operator, we are very concerned about the ecology. The last thing we need to do is fish out the waters and effectively cut our own throats. By and far charter operators are aware and concerned about the coastal environment and how well it is managed to ensure continued recreational fishing in the years ahead., “reports Captain Murphy. “But federal intervention into an already well-managed state system is infringing on state rights, and the rights of charter operators.” Murphy says that ironically the new regulation does little to protect red snapper populations. “It just becomes a question of who will harvest the fish. Under the new federal regulations, private boat operators and charter vessels who have a state permit and not a federal permit can still fish the season according to state rules. So the rich can still fish for red snapper where the average Joe who has a $100 to catch a few red snapper is basically be forced out of the picture,” he adds. According to the TPWD, charter vessels who have a state permit and do not have a federal permit will still be able to fish the extended season and still can harvest four snapper per trip. Both Murphy and Calo say part of the fleet has a federal permit while some boats only have the state permit. Murphy says he considered giving up the federal permit but is afraid it will prevent him from getting a federal permit in the future. Calo, on the other hand, says he is considering giving up the federal permit on one of his two boats that have one.