A federal investigation is threatening to derail one of the most respected and effective state-run fisheries monitoring programs in the country. On May 23, 2024, NOAA Fisheries’ Office of Law Enforcement and Office of Protected Resources launched a formal inquiry into the Texas Parks and Wildlife Department (TPWD) over alleged violations of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). The alleged violations stem from rare, incidental encounters with bottlenose dolphins and sea turtles during TPWD’s long-standing gillnet sampling efforts—a program that’s been in place since 1975 and is critical to managing Texas’s coastal fisheries.
In response to the investigation, TPWD has suspended its gillnet sampling program. The impact of that decision is immediate and far-reaching: the pause interrupts the longest-running fishery-independent monitoring program of its kind in the country and undermines the very science that supports sustainable fisheries management not only in Texas but across the Gulf of America.
A Proven Program Halted by Regulatory Gridlock
TPWD’s gillnet sampling has been a cornerstone of Texas’ science-based approach to fisheries management for nearly five decades. It produces high-quality, standardized data on the health of estuarine ecosystems and the status of key fish stocks, including red drum, southern flounder, and spotted seatrout (speckled trout). In fact, it was the gillnet sampling data in the late 1970s that helped justify the passage of H.B. 1000 (The Redfish Bill), which prohibited the sale of red drum and spotted seatrout in Texas and provided them with gamefish status.
Anecdotally, recent changes to speckled trout harvest regulations were followed by strong signs of a population rebound—an early management success story. But now, with gillnet sampling suspended, TPWD lacks the very data it needs to verify whether those recovery trends are continuing. Without the gillnets, there’s no clear, science-based way to confirm that the regulations are working.
Incidental Takes: Rare, Monitored, and Scientifically Outweighed
From 1983 to 2023, TPWD recorded only 41 dolphin encounters—an average of one per year across more than 30,000 gillnet sets, with most dolphins released alive. In 41% of those years, no dolphin encounters occurred at all. Similarly, sea turtle encounters have been infrequent and typically non-lethal, with numbers increasing primarily due to the success of federal and state conservation efforts boosting green sea turtle populations.
Despite these low-impact, well-documented interactions, NOAA has refused to issue the incidental take permits TPWD has applied for five times over the past decade. The regulatory process has been slow, opaque, and burdensome—leaving TPWD caught between its legal obligations and its scientific mission.
Ironically, TPWD has actively supported research that aligns with NOAA’s conservation goals, including funding updated bottlenose dolphin population assessments. Preliminary findings show dolphin populations have increased by as much as 2,700% in some parts of the Texas coast since the early 1990s—reinforcing that the impact of TPWD’s gillnet program is negligible. Additionally, since 2013, TPWD has spent over 3,000 hours assisting during cold-stun events, resulting in the recovery of > 3,200 turtles by staff and the transport of more turtles rescued by volunteers to rehabilitation facilities.
A Setback for Science and Coastal Communities
The implications go well beyond TPWD. Over the past 10 years alone, gillnet data have supported at least 75 peer-reviewed publications, 8 PhD dissertations, 17 master’s theses, and countless student and agency-led research projects. These data are essential not just for monitoring fish stocks, but for tracking ecosystem health, guiding restoration, and shaping both state and federal policy.
Suspending this program interrupts a rare, uninterrupted data stream that helps us understand how estuarine ecosystems are changing—especially in the face of climate change, urban development, and shifting fisheries dynamics. The consequences will ripple outward, affecting management decisions, academic research, and ultimately, the health of Gulf Coast fisheries.
A Call for Balance
Since 2011, the Texas Parks and Wildlife Department (TPWD) has submitted five applications for incidental take authorization related to dolphin interactions—in 2013, 2015, 2017, 2022, and 2023. To date, NOAA has declined to issue the necessary permits that would allow TPWD to continue its gillnet sampling program. Meanwhile, NOAA has granted similar incidental take authorizations to a range of other entities, including private companies and organizations, for activities involving marine mammals and endangered species. This inconsistency raises serious concerns and suggests that NOAA may be selectively applying its regulatory authority in a way that undermines TPWD’s mission.
While protecting endangered species is a priority we all share, there must be a balanced path forward—one that acknowledges both the negligible risk posed by TPWD’s research activities and the critical importance of the fisheries data it collects. Rather than allowing regulatory gridlock to unravel decades of responsible fisheries management, NOAA and TPWD must collaborate to reach a practical resolution that upholds scientific integrity while preserving appropriate environmental safeguards.
Without gillnet sampling, Texas forfeits a vital tool in the management of its coastal fisheries. The public loses transparency. Science loses credibility. And a 50-year legacy of conservation leadership stands to be eroded—not by ecological damage, but by bureaucratic inertia. It’s time to change that.
How Can You Help?
NOAA Fisheries is accepting public comments on TPWD’s application to take small numbers of marine mammals incidental to fisheries independent research surveys. Comments on the applications should be addressed to the Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to ITP.cockrell@noaa.gov. You have until June 18th to submit your comments in support of TPWD’s fisheries monitoring program.
