Managing East Coast fisheries was once a classic “Tragedy of the Commons”
situation. Fishermen from the various
states competed among themselves for whatever fish were available, and
meaningful conservation efforts were effectively unknown.
After
the striped bass stock collapsed, Congress acknowledged that things had to
change. It passed the Atlantic Striped
Bass Conservation Act in 1984, which threatened any state that failed to comply
with the Atlantic States Marine Fisheries Commission’s striped bass management plan
with a complete closure of its fishery, imposed by the Department of Commerce.
It was
a serious threat. States, for the first
time, worked together to restore the stock, and the concept of cooperative
state management took root on the Atlantic seaboard.
Congress
followed up by passing the Atlantic Coastal Fisheries Cooperative Management
Act in 1993. That bill expanded the
Commerce Department’s closure authority to all stocks managed by ASMFC. The old days of anything-goes management were
over.
However,
even the Garden of Eden sheltered a malevolent serpent, and ASMFC’s cooperative
management system also housed one snake in the grass. And the name of that malignant reptile was,
and remains, “conservation equivalency.”
Conservation
equivalency was supposed to allow for differences between the various states,
which hosted very different fisheries for the same species. ASMFC would still develop a fisheries
management plan designed to constrain fishing mortality below a set
target. States could either accept the ASMFC
plan in all its particulars, or take advantage of conservation equivalency and adopt alternate regulations that, while different, would still keep
landings acceptably low.
When
the folks at ASMFC adopted conservation equivalency, they probably had good
intentions. But we know where a road
paved with good intentions leads…
For
many of us, it led to a dysfunctional summer flounder fishery. For many years, flounder harvest had been
governed by a set of coastwide regulations adopted by the National Marine
Fisheries Service. But states began to
complain about their effects on local fisheries, so ASMFC decided to allocate
each state a discreet share of the recreational quota, based on anglers’ landings in 1989, and let them set their own “equivalent”
regulations.
Unfortunately,
ASMFC adopted that system just as NMFS began its spectacular recovery of the flounder
population. The number and size of the fish increased quickly, the range of the
species expanded, and the fishery soon looked nothing like it did in 1998.
But by
then, the new allocation system was well established. Northeastern states, particularly New York,
saw their waters invaded not only by more flounder, but by larger fish than
anyone had seen in years. As a result,
such states caught far more fish than ASMFC had allotted to them, and their
regulations grew very restrictive in an attempt to avoid overages. On the other hand, states from New Jersey
south accounted for a smaller percentage of the harvest than they had before, yet
still retained their original allocations.
As a result, they enjoyed comparatively liberal regulations.
Efforts were made to reallocate
fish to match the new reality, but they were repeatedly rebuffed. No state wanted to adopt more restrictive
regulations, and none felt the need to cooperate with the few states that were
shouldering most of the conservation burden.
The
situation largely pitted New Jersey, which had been allocated over 39% of the
recreational harvest, with its neighbor New York which, with 17.5% of the
landings, had the next-highest share.
New Jersey anglers consistently enjoyed some of the smallest size limits
and highest bag limits on the coast, while anglers in New York fished under the
most restrictive regulations adopted by any state.
New
York regulators often asked their New Jersey counterparts to share some of
“their” fish, but without any success. The
spirit of cooperation just didn’t fill those Jersey boys’ hearts.
But finally,
the spirit of change did fill the air. Once
NMFS restored the summer flounder, southern states actually had more fish than
they could utilize. Most became willing
to share with their northern colleagues.
So last Tuesday night, I attended a hearing on Addendum XXV to ASMFC’s Summer Flounder, Scup
and Black Sea Bass Management Plan (the fact that there have been 24 previous
addendums speaks volumes about what had gone before), to support a proposal
that would have all the anglers between New Jersey and Rhode Island share their
flounder and fish under a single set of regulations.
Right now, that proposal seems to
have enough support to be adopted.
Certainly, it went over big in New York, where it won unanimous support
at the hearing.
But
down in New Jersey, the flame of cooperation doesn’t burn very bright—if, in
fact, it burns at all. The New Jersey hearing
was held last Monday. Ahead of that
hearing, leaders of the fishing community were haranguing anglers in an effort
to shoot the regional management proposal down.
Tom Fote, a member of New Jersey’s
ASMFC delegation, penned an article for the Jersey Coast Angler’ Association’s
newsletter, which contained the following passage.
“New York has been pushing for mandatory regionalization with
New Jersey for the last few years. New
Jersey and the Commission have rejected this course of action saying it should
be voluntary. Given the differences in
the fisheries among New Jersey, New York, Connecticut and Rhode Island, I
have difficulty imagining how this would benefit New Jersey. I have also seen this as a veiled attempt to
reallocate New Jersey’s larger share of the summer flounder to the benefit of
the other states… [emphasis added]”
Chris
Zeeman, who holds one of New Jersey’s seats on the Mid-Atlantic Fisheries
Management Council, also holds the similar views to Fote’s, noting that
“If regional management is approved, states will be forced to
enter into regions, even if they vote against regional management. Regional management will be similar to
coastwide management and states’ allocations will be meaningless…If regional
management will be similar to coastwide management, New Jersey should be concerned it
will lose the flexibility to regulate its summer flounder fishery and control
its own fishing future. [emphasis added]”
So much
for cooperation…
Yet
elsewhere on the coast, they try to emulate our mistakes.
Down in
the Gulf of Mexico, a coalition of industry and anglers’ rights groups are
trying to rip red snapper management away from NMFS and hand it over to an
interstate group similar to ASMFC, which would manage the stock
“cooperatively”, deciding on issues such as size limits, bag limits, seasons
and—yes—allocation.
Red
snapper managers face a lot of the same problems that summer flounder managers
faced up here, although snapper live a lot longer than flounder and mature a
lot slower, so their problems are going to take a lot more time to solve.
However, NMFS has been rebuilding red snapper. The rebuilding
has progressed significantly farther in the western Gulf; east of the
Mississippi, it is taking longer, perhaps because the eastern Gulf holds very
few fish more than ten years old (red snapper can live for more than 50
years).
If I was a fisherman in Texas or
Louisiana, I’d jump on the state management bandwagon just as fast as I could. They’d be fools if they let a chance to make
their states the “New Jerseys” of the snapper fishery pass them by.
On the
other hand, if I fished out of Florida, Alabama or Mississippi, I’d be having
second thoughts, knowing that I’d probably be getting a very small share of the
allocation pie. I’d look at the way
summer flounder allocations worked out for all of those states that weren’t New
Jersey, and ask myself “When our snapper fully recover, will I be able to catch
them?"
"Or will
an old allocation hold down my harvest, just because folks in Texas and
Louisiana won’t share?"
And
yes, I’m sure that the people pushing state allocation down in the Gulf are
telling folks now that the folks in Texas and Louisiana will be “cooperative.”
Maybe
they will be, just like people say. But
up here, a decade or so ago, we were assured that the folks in New Jersey would
be “cooperative” too…
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