I honestly don’t know what I was expecting when I listened
in on the Atlantic States Marine Fisheries Commission’s Atlantic Striped Bass
Management Board meeting earlier this week.
There were so many directions the meeting could have taken. A
preliminary report on the new benchmark stock assessment presented a convincing
case that the bass are in trouble, both seriously overfished and subject to
significant overfishing. On the
other hand, there
has also been a strong undercurrent, among a number of Management Board
members, to amend the management plan to increase the kill and, coincidentally,
increase the risk to the spawning stock.
Proposals
to open federal waters to harvest loomed in the background, while new
estimates of recreational effort and landings clearly affected the assessment’s
conclusions, and might well have drawn aggressive challenges.
Yet, if I wasn’t quite sure what direction the meeting
would take, I did expect it to be a fairly contentious session, with various
factions staking out their positions and digging in for a fight. It was virtually certain that no final
decisions would emerge, but it seemed likely that a majority would decide to
move forward, for good or ill, in one direction or another.
But that didn’t happen.
Some commissioners did make their positions clear, but the meeting was
surprisingly low-key.
While the distressed state of the striped bass stock, as described in the preliminary report, was the
proverbial dead elephant in the living room, the commissioners generally avoided that issue, and instead danced around its bulky corpse,
poking and prodding it, yes, but never directly addressing the question of how to
make it go away.
The meeting opened with a presentation of the preliminary
report which, in itself, was instructive.
The preliminary stock assessment report revealed that, in
2017, recreational fishermen were responsible for 90% of all fishing mortality;
of that, most was not comprised of landings, but of recreational discards (42%
of all fishing mortality was recreational landings, 48% was recreational
discards). So the recreational sector
will probably be the focus of any rebuilding measures.
In addition, when the benchmark assessment was first
authorized, the Stock Assessment Subcommittee was tasked with providing
projections not only on the current reference points, based on the female
spawning stock biomass in 1995, but also on possible alternative reference
points that would allow higher levels of fishing mortality—and so a smaller biomass
and less stable spawning stock. However,
the Stock Assessment Subcommittee could not come up with valid model-based biological
reference points, and so only offered one alternative, which was the female spawning
stock biomass in 1993, a time when the stock was not yet recovered, but produced a good year
class nonetheless.
At current levels of harvest, whether measured in pounds or
in fishing mortality rate, it is very unlikely that the spawning stock biomass could reach the
1995 threshold by 2023, and even the chance of reaching 1993 biomass levels by
then would be problematic. The stock really has fallen that far.
Once the stock assessment presentation was done, Management Board Chairman
Michael Armstrong, a fisheries administrator from Massachusetts, opened the general
discussion. He noted that, while the
final benchmark assessment wasn’t yet available, its conclusions weren’t likely
to differ from those in the preliminary report.
He then advised the Management Board that it was up to them how far they
wanted to go at the meeting, while observing that
“It’s clear we need to do something.”
But in the end, it was also clear that no one was yet
prepared to do too much.
That was the case even though, if you took ASMFC, and the
Management Board, at their word, and expected them to follow the dictates of
their own management plan, the path seemed perfectly clear.
“If the Management Board determines that the fishing
mortality threshold is exceeded in any year, the Board must adjust the striped
bass management program to reduce the fishing mortality rate to a level that is
at or below target within one year,”
and
“If the Management Board determines that the biomass has
fallen below the threshold in any given year, the Board must adjust the striped
bass management program to rebuild the biomass to the target level within the
timeframe established in Section 2.6.2.”
Section 2.6.2 of the Amendment says
“If at anytime the Atlantic striped bass population is declared
overfished and rebuilding needs to occur, the Management Board will determine
the rebuilding schedule at that time. The
only limitation imposed under Amendment 6 is that the rebuilding schedule is
not to exceed 10 years.
[emphasis added]”
That seems pretty cut and dried, and you might have thought,
given such language, that the rest of the Management Board meeting would have been
all about getting those mandated things done.
And if striped bass were a federally-managed species, subject to the Magnuson-Stevens
Fishery Conservation and Management Act, there’s a likelihood that would have happened.
Federal fishery managers must base their decisions on the
best available science. They’re legally
required to end overfishing and promptly rebuild overfished stocks. And, to the occasional horror of various user
groups, they must adhere to the terms of their own fishery management plans, even if that means adopting unpopular measures.
If they don’t, they can be sued.
But ASMFC doesn’t work that way. It has no enforceable legal obligation to end
overfishing, use the best science, or to rebuild overfished stocks, and it can
blatantly ignore the terms of its management plans whenever it chooses to do so, because
its decisions aren’t even subject to judicial review under the federal
Administrative Procedures Act. Which
probably explains why it
has such a dismal record when it comes to rebuilding and conserving the fish stocks
under its care.
So it’s probably not surprising that nothing particularly substantive
came out of the Management Board’s most recent meeting.
Even so, some things were made clear, probably foremost
among them the fact that the State of Maryland is going to do all it can to
prevent the stock from rebuilding to the current spawning stock biomass target.
That became obvious when Michael Luisi, Maryland’s
marine fisheries administrator, was the first voice to question Michael
Colestino, who presented the stock assessment report. Luisi wanted to know if there was any one data
source that resulted in the assessment’s conclusions; it was clear that he hoped
that the assessment's findings that the stock was both
overfished and subject to overfishing, largely arose from the new recreational
landings estimates, which he could then attempt to impeach. He seemed disappointed to learn that the
assessment’s findings were broadly supported by multiple lines of information.
As the meeting went on, he asked additional questions, all
seeking to blunt the impact of the assessment’s conclusions. In the end, Luisi ended up expressing the hope that the Management
Board would consider drafting a “new, comprehensive” document—which would mean a full
amendment, and not an addendum—that would place less emphasis on retaining the
larger, older females in the spawning stock, and place greater
emphasis on raising the annual kill.
Although, when he said that the current management document, Amendment 6,
was written
“when more striped bass were in the ocean,”
he unwittingly undercut his position, as its hard to
credibly argue that regulations ought to be relaxed when there are fewer
fish around…
Still, Luisi wasn’t alone.
John Clark, his counterpart in the State of Delaware, also pushed for a
new, less restrictive amendment. But it
was notable that a number of Management Board members who have previously
sought higher harvests were uncharacteristically quiet at the recent meeting,
and ended up saying little or nothing at all.
It’s not impossible that the reality of past management errors, and the
real implications of the stock assessment, are beginning to get them concerned.
It’s also very possible that all of the Management Board members were a little stunned by the reality of what they are going to have to do to dig out of this hole that they’ve dug for
themselves by not taking action sooner, when the stock was still in half-decent shape.
The could have done so in 2011,
when they abandoned a proposed amendment that would have imposed a 40% landings
reduction (in hindsight, probably just about the right amount,
given the latest assessment’s conclusions), even in the face of a stockassessment update that, prophetically, informed them that striped bass would beoverfished by 2017.
And they could have done so in 2014, when another management
trigger was tripped—biomass below target for two consecutive years, and
overfishing occurring in one—but that trigger was also ignored; if they had
acted, they would have had a five-year head start on rebuilding the stock, and would not have found themselves where they are now.
But they stood pat, because there had been no crisis yet, and now
that the crisis is here, they seem shocked into a sort of immobility. Because yes, the steps that they’ll have to
take now, if they’re to live up to the commitments they made in Amendment 6,
will have to be much more restrictive than they would have been if put in place, to conserve a larger stock, five or eight years ago.
So it’s not surprising that their first, collective reaction at this week's meeting was to take things slowly and defer any meaningful action until their
May meeting, even though the technical folks made it quite clear that, assessment-wise, nothing is likely to change.
Even so, there was some slight motion forward.
Doug Grout, a marine fisheries administrator from New
Hampshire who has always been at the forefront of striped bass conservation
efforts, broke the ice with a motion that read
“Move to task the Technical Committee with providing the Board
with a report that shows the reductions in harvest needed to reduce F to Fthreshold
and Ftarget (0.197). Also
provide one example of recreational bag and size limit combination (if
necessary seasonal restrictions) needed to achieve those conditions a) on the
coast and b) in the Chesapeake Bay and report back to the Board in May.”
It was a start, if a small one, to begin addressing the
overfishing issue, although the restrictions needed to do that are likely less
than those that will be required to rebuild the overfished stock. Even so, it drew a few objections, although
the motion ultimately passed by a margin of 15 to 1.
The
issue of whether to recommend that the National Marine Fisheries Service allow
striped bass fishing in federal waters north and west of Block Island, carried
over from last October’s meeting, was also largely deferred until May.
In October, the Management Board deferred
action until they could review the results of the benchmark stock
assessment. Now that the results of the
assessment are known, and the news is not good, Pat Keliher, Maine’s marine
fisheries administrator, moved to have ASMFC staff prepare a letter opposing
opening the area, known as the Block Island Transit Zone, which the Management
Board could review in May.
That motion also found 15 in favor; one state delegation was
completely split, and cast a null vote.
Of course, by May, NMFS may already have made its decision,
and rendered the whole question moot.
Still, once again, the Management Board moved in the right
direction, even if their motion was exceedingly slow.
So, right now, it looks as if May is crunch time, and maybe
that’s good.
It will still leave enough time to get new regulations in
place for the 2020 season, if that’s what the Management Board decides to do.
And it will give the Management Board members a chance to
think about the implications of not getting the striped bass recovery
right. It will give them a chance to
think of what they did wrong before. And
it will give them a chance to hear from constituents, about why rebuilding the
stock is the right thing to do.
Don’t waste the opportunity to let them know how important
that rebuilding is to you.
Thank you for recapping the results of the meeting this week. As a recreational fisherman with an interest in conservation, I'm curious to know what I can do to help ensure the management board takes appropriate action to reduce over-fishing of striped bass. Is it as simple as emailing my state's board member?
ReplyDeleteRight now, contacting your three ASMFC commissioners, and letting them know that you want to see overfishing stopped and the stock rebuilt, is the single most important thing that you can do. Pointing out that Amendment 6 already has triggers that have been tripped, and which now require action, is a good way to enhance the conversation--as is making it clear that reducing the spawning stock biomass threshold, or increasing the fishing mortality threshold, is not an acceptable answer. Then, once the May meeting is over and--hopefully--public hearings are held on a new addendum, it will be time to turn out to the hearings, and get everyone to do the same, and make the message that the bass must be conserved perfectly clear.
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