It seems that every level of human endeavor has its own “big lie,” an idea that, although
patently untrue, is repeated ever more loudly and insistently by its
proponents, who hope that if they do so long enough, people will accept the
falsehood as truth.
Probably the biggest lie in fisheries management, currently
being perpetuated by groups such as the Center for Sportfishing Policy and
Coastal Conservation Association, is that fisheries management is more effective
when carried out on the state, rather than on the federal, level.
There’s no objective support for such proposition, if by “effective” fisheries management, one means the sort of management that leads to the prompt rebuilding of overfished stocks, and maintaining such stocks at healthy and sustainable levels for the long term.
While federal
fishery managers have an excellent record of ending overfishing and rebuilding
overfished stocks, with the National Marine Fisheries Service having fully
rebuilt 47 once-overfished stocks since the turn of this century, state
managers have a far more checkered record; some
of the most important state-managed recreational fish stocks, including striped
bass, southern flounder, speckled trout, and even tarpon, along with local
populations of snook, tautog, and red drum, are not doing too well.
When exposed to the harsh and objective light of science,
supported by equally objective data, the big lie is quickly revealed; state-managed
fisheries aren’t doing too well.
But that’s only true if one believes that science-based
management, which yields healthy and abundant fish stocks for all stakeholders
to use and enjoy, is the right criterion by which to judge the management process.
The federal fishery management process, bolstered by the
legally enforceable management standards included in the Magnuson-Stevens
Fishery Conservation and Management Act, is fairly hard to warp in a
way that will favor one stakeholder group over another, or that elevates the
interests of a particular group over those of the general public. With enough work, it can still be done, but
it takes a lot of time, effort, and political clout, along with enough money to
buy all three, to get there.
We actually saw it done—twice—in 2017, when then Commerce
Secretary Wilbur Ross overrode,
without even consulting federal fisheries scientists, the Atlantic States
Marine Fisheries Commission’s finding that New Jersey was out of compliance
with the ASMFC’s summer flounder management plan, and also approved
an illegal extension of the private boat recreational red snapper season in the
Gulf of Mexico, knowing that overfishing would certainly occur. But even in an administration that held
conservation concerns in deep contempt, and sought to monetize the nation’s
natural resources, such “wins” took some work to achieve.
On the other hand, the state fisheries management process is
easier to push in any desired direction.
While the fishery managers themselves are, with few exceptions,
dedicated professionals who try their best to serve the public interest, they
work for administrative agencies that are very much subject to the chief
executive’s whims. While the President
of the United States is unlikely to get deeply involved in fisheries matters,
state governors, who may be elected by fairly thin margins, are far more
attuned to the politics that surround fisheries issues.
State fishery managers, far more than their federal
counterparts, can find themselves in a position where they must do as the chief
executive dictates—even if the best scientific information dictates otherwise.
So if one takes the position that the most effective fishery
management process isn’t the one that’s driven by science, but rather by
political influence, and if one prefers a system that caters to short-term economic
concerns over one that works to assure the long-term health of fish stocks,
then state fishery management programs begin to look very attractive.
We saw why, one more time, last week in Louisiana, when the
political process again trumped scientific advice, and doomed the state’s
speckled trout population to a tenuous and troubled future.
I’ve
written about this topic many times before, beginning over six years ago, in
September 2016. By then, Louisiana’s
speckled trout were already in significant decline, with a spawning stock
biomass about half of the target level.
Yet things have only gotten worse since then, despite the fact that the
fishery was, and still is, overfished by any reasonable definition of that
term.
It’s
not that state managers haven’t tried to address the situation. They acknowledge that
“overfishing and other factors have caused the stock to
become almost completely comprised of smaller, younger fish. While there are still some older and larger
trout out there, nearly 95 percent of today’s stock is comprised of one and
two-year old fish. While it is true that
larger fish are more likely to be female (and have more eggs per individual),
these smaller fish make up the vast majority of spawning stock biomass
(reproduction potential). Given this
imbalance, there is concern that a major collapse could occur in the event of a
poor recruitment year (e.g. major freeze).
By decreasing the current creel limit and raising the minimum size, it
is hoped that more of these young fish will be allowed to spawn and help the
stock recover while rebuilding the older age classes of females.”
Louisiana’s state fisheries biologists invested about two
years in constructing regulations that were generally acceptable to the state’s
anglers, and yet would also allow the speckled trout stock to rebuild. They ultimately proposed reducing the bag
limit from 25 trout to 15, and raising the size limit to 13 ½ inches from
12.
Even such more restrictive regulations were more permissive
than those anywhere else on the Gulf Coast.
To the east, Louisiana’s neighboring state of Mississippi has a 15 fish
bag limit and 15-inch minimum size, while to the west, Texas
allows anglers to keep only 5 fish per day, with the same 15-inch minimum size,
although no more than one of the five fish may be more than 25 inches in length.
The science, and science-based management measures, had done
the best that it could. Now, it was time
for politics to undo what the science had wrought.
While
Louisiana fisheries managers had conducted surveys which found that
“a majority [of surveyed anglers] indicated they were
moderately to extremely concerned for the spotted seatrout stock,”
and generally supported the proposed regulations, the sad
fact is that individual anglers don’t have much political clout; such clout is
largely reserved to the organizations with the money and contacts needed to
move the political system.
In Louisiana, with respect to speckled trout, that boiled
down to the
Louisiana Charter Boat Association and the Louisiana chapter of the Coastal
Conservation Association, neither of which were enamored of the proposed
regulations.
Neither organization seemed to have a problem with the
proposed 15-fish bag limit; given that one angler,
who was present at the Wildlife and Fisheries Commission meeting when it
approved the proposed rules noted that
“The average guy catches two to five fish,”
such limit probably had no practical impact on fishermen.
However, both were adamantly opposed to the increase in the
minimum size.
The impacts of a continued decline in speckled trout
abundance—spawning
stock biomass is already at an unprecedented low level—on the charter
business apparently never entered into the association’s considerations. They may have yet not realized how difficult
it will be to run a fishing business without any fish.
“Although Louisiana anglers harvest less than 2 trout per
trip on average (according to [Louisiana’s Department of Wildlife and
Fisheries]), we see a reduction from 25 fish to 15 fish as a reasonable move,
in the spirit of conservation.”
CCA Louisiana also claimed that
“Based on our experience, changes in recreational regulations
have rarely, if ever, resulted in a direct fishery recovery.”
Given that the
speckled trout stock is both overfished and experiencing continued overfishing,
that 99% of the fishing mortality is attributable to the recreational sector,
and that Patricia Banks, assistant secretary of fisheries for the Louisiana
Department of Wildlife and Fisheries has flatly stated that
“The fact is that the population cannot sustain the level of
removals that is going on right now. We
are taking too many fish out of our waters,”
it seems impossible to argue that reducing recreational
landings would be the fastest, best, and really the only way to reduce the
level of removals and stop overfishing from occurring.
However, such logic, along with the facts that support it,
are no match for political maneuvering.
And so, after the Wildlife and Fisheries Commission approved the
proposed regulations, they had to make it over one more hurdle—the state legislature,
a place where politics ruled.
In that arena, given the recreational organizations lobbying
against their approval, the proposed regulations were doomed.
Yet there are still hopes for Louisiana’s speckled trout.
Fishery managers could try to amend their proposal, in an
effort to come up with something that the politically-connected fishing groups
might accept. However, at this point, it
doesn’t appear that an increased size limit will meet with their approval, and
the current size limit, absent an extremely small bag, won’t do the trout any
good.
Fishery managers could also ask Louisiana’s governor, John
Bel Edwards, to order the adoption of the proposed rules, and so cut the
legislature out of the process. That
might be a somewhat more viable approach, but there is no guarantee that
politics won’t prevail over science in the governor’s office as well.
If it does—or if the proposed rule never makes it that
far—Louisiana’s speckled trout will be just one more species betrayed by the
state management system, and one more victim of fisheries’ Big Lie.
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