Reauthorizing the Magnuson-Stevens
Fishery Conservation and Management Act is always a long and contentious
process, as conservation advocates face off against those who are willing to
risk the long-term health of fish stocks for higher short-term harvests and
their promise of greater short-term economic returns.
This time around, things have gotten more confusing, because
a
coalition of anglers’ rights groups, fishing tackle industry folks and boating
industry interests have become militantly opposed to the conservation and management
provisions of current law. As a result,
they have convinced some federal legislators to sponsor something called the
Modernizing Recreational Fisheries Management Act (S. 1520 in
the Senate, H.R. 2023
in the House), which they like to call the “Modern Fish Act.”
Boiled down to its very essence, the Modern Fish Act is
about finding ways to let recreational fishermen kill more fish.
It would require the South Atlantic and Gulf of Mexico
fishery management councils (much of the impetus for the law arose out of ways
to justify, or at least continue, recreational overharvest in the Gulf of
Mexico red snapper fishery, so there are a number of provisions that apply only
to states with red snapper fisheries) to look at commercial and recreational
allocations, in the hope that the recreational allocation would be increased at
the expense of the commercial sector.
It also seeks to relieve anglers from most of the burden of
conserving fish stocks and rebuilding overfished populations, by exempting them
from annual catch limits and delaying rebuilding times for overfished stocks,
both measures that would allow bigger recreational kills.
I try to stay away from allocation fights, unless they have
an impact on the health of the resource.
That is arguably the case here, at least in the case of Gulf red
snapper, since the
last time the commercial sector overfished its red snapper allocation was in
2006, while the
recreational sector chronically overfishes its annual catch limit, last
doing so just last year.
The
recreational sector's response, at least as expressed in the Modern Fish Act, isn’t to get its
own overfishing under control, but to steal fish from the compliant commercial
sector, while also promoting recreational overharvest by doing away with annual
catch limits. So just based on that one
fishery alone, the Modern Fish Act looks like a bad idea.
But recently, things have gotten even worse. On July 11, the House passed H.R. 200,
the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management
Act.
It’s neither a good bill nor a
new one.
A bill with the same name and most of the same language was introduced
in the last Congressional session as H.R. 1335, and in the
session before that as H.R. 4742.
The conservation
community called one of those earlier bills the “Empty Oceans Act” because
of the effect that it’s likely to have on fish stocks, and the
same label was applied to H.R. 200 when it made it out of committee last year.
Nothing similar emerged from the Senate,
which tends to be more thoughtful and deliberative, and is a place where bills
need, as a practical matter, 60 votes to pass, something that usually keeps the
very worst ideas from becoming law.
But recently, there’s been a new sort of renaming going on.
Representatives
of some salt water angling groups, along with the fishing tackle and boating
industry, have now declared H.R. 200, the “new Empty Oceans Act,” to be the “Modern
Fish Act,” despite the fact that the bill is much different, and far worse for the
health of fish stocks, than the real Modern Fish Act, H.R. 2023.
But because H.R. 200’s sponsor agreed to transplant
a few Modern Fish Act provisions into his “Increased Flexibility” law, the
anti-conservation contingent of the recreational community is, more than a
little dishonestly calling H.R. 200 the “Modern Fish Act,” and compiling that
lack of truthfulness by saying things such as
“the U.S. House of Representatives will vote on the Modern
Fish Act (MFA)—which modernizes outdated regulations that govern recreational
fishing in saltwater. In addition, the
U.S. Senate is moving forward with similar legislation, [emphasis added]”
even though a side-by-side comparison of the Senate bill, S.
1520, would quickly show that it would do relatively little damage to the
federal management system, while H.R. 200 would do wholesale violence to what
is arguably the most successful fishery conservation and management bill in the
world.
They’re desperate to do that, because such subterfuge may be
the only way that Modern Fish Act supporters can get what they want during this
legislative session.
And just what is it that the anglers who support such tactics
are looking for?
Maybe the best thing is to let them speak for
themselves. A
recent thread on the website Stripers Online contains some illuminating
comments.
One H.R. 200 supporter said that he was
“Very saddened to see so many ‘fishermen’ take such a stance
on this issue.
“while this bill has been modified over the years since
originally written it is still much needed to address some issues that have
been very hurtful to rec fishermen.
“should we keep accepting smaller pieces of the pie till [sic]
we get no pie at all?”
It’s pretty clear that, besides having
an aversion to starting most sentences with capital letters, the author of that
comment feels H.R 200 is a gateway to a bigger fish kill (although
there are no recent examples of anglers having their allocations cut—“accepting
smaller pieces of the pie”—so it’s not completely clear that he understands
just what is going on).
A comment right after that one, though, makes it very clear tH.R. 200 proponent understands the bill's implications perfectly. He wrote that
“I’ve read the bill and I’m in full support because I’m tired
of regulations always getting tighter and never seeming to liberalize even
though everyone keeps telling me about how healthy all of these fisheries are
because of current versions of the [Magnuson-Stevens Act].
“Im [sic] sick of bad Rec catch data being used to prevent
access to a healthy and rebuilt sea bass fishery. The varying seasons, sizes, and bags is [sic]
crazy.”
The post goes on for a few more paragraphs, but you get the
idea. The H.R. 200 is good because it would lead to less restrictive regulations and more dead fish.
Because, in the end, that’s what it comes down to.
Scrape away all of the expensive public relations, the sham "blue ribbon panels" and their reports, the
misdirection and the push by an industry hungry for sales, and what you find
is that the people who are supporting H.R. 200, and the Modern Fish Act effort, are doing it because
it’s going to let them, and their customers, kill more fish.
It’s not about conservation, it’s not about “fairness,” it’s
not about people being “left at the dock” because fishing seasons are closed.
In the end, it all just comes down to hunger, hunger for
more dead fish in the cooler, hunger for the related profits those dead fish
can bring.
Even if those dead fish also bring an end to the health of
our fisheries at some point not far down the road.
CLARIFICATION
On July 12, I published a blog on this site that was titled “…But
Where Are the Bluefish?”
The piece noted that many anglers were reporting an absence
of bluefish in the waters between Chesapeake Bay and Massachusetts (people
commenting on the piece in other venues noted that the dearth of fish spread as
far south as North Carolina), and speculated on possible reasons for the lack
of fish. While all statements made in
the piece were based on either personal observation, NMFS data or observations
made by writers in various publications, one sentence may have been misleading.
After noting that revised NMFS catch and effort figures
showed that bluefish landings in recent years were between 2.1 and 3.4 times
higher than previously thought, I wrote “That means that fishing mortality was
a lot higher than anyone knew.”
That statement was not worded correctly.
It should have read “That means that recreational landings
were a lot higher than anyone knew.”
“Fishing mortality,” often abbreviated “F”, refers to a rate
of removals from a stock of fish.
Because the revised data will require an update of the bluefish stock
assessment, scheduled for early 2019, to recalculate both the size of the stock
and the rate of removals, the effect of the recalculation of catch on fishing mortality is currently
unknown; while F could be higher, it also could remain much the same. No one will know until the assessment is
updated next year.
However, we do know that recreational landings in recent
years were anywhere from double to more than triple the earlier estimates. That qualifies as “a lot,” and that was the
message I had intended to convey.
Apologies. I have
always said that I will never knowingly mislead you, and when I was made aware of
my misuse of the term “fishing mortality,” a mistake I’m embarrassed not to
have spotted when I proofread the piece, I knew that I had to correct it.
A writer owes readers the truth, free of misleading
statements, whether intentional or inadvertent.
Thus, I apologize again for the mistake I made here.
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