Late last month, the American Sportfishing Association
issued a release in which it said that the Atlantic States Marine Fisheries
Commission’s recent efforts to reduce striped bass harvest was one of the
“2014 Top Recreational Fishing Advocacy Accomplishments”.
It noted that
“ASA and Keep America Fishing strongly advocated for this
harvest reduction. The reduction will
help to safeguard this very popular and economically important fishery from
overfishing which could trigger drastic restrictions on recreational fishing.”
But the reason for all of ASA’s happy hyperbole is a long
way from clear, when you stop to think about what really occurred.
Back in October of 2013, the ASMFC received a
peer-reviewed, benchmark stock assessment that stated, in no uncertain
terms, that too many striped bass were being killed, and that overfishing had
occurred repeatedly over the past decade.
The striped bass stock was quickly declining, and would almost certainly
be overfished by 2015.
And ASMFC did…nothing.
A few of the folks who sat on its Striped Bass Management
Board tried to take action, but at least an equal number pushed back, and in
the end, the Management Board agreed to…talk about things in another four
months. At which point they agreed to
talk a little more four months after that.
When all was said and done, it took ASMFC a full year before
it agreed to incorporate the best available science into its striped bass
management plan.
That seems a bit slow…
And while the Management Board debated, fishermen continued
to kill too many bass, and the stock came ever closer to being overfished.
Of course, once the Management Board accepted the benchmark
assessment, it still had to do something to reduce the number of bass being
killed.
Amendment 6 to the Interstate Management
Plan for Atlantic Striped Bass clearly states that when harvest exceeds
target levels for two years in a row, and abundance falls below its target in
one of those years, the Management Board “must” adjust management measures to reduce
harvest within one year.
ASMFC’s Striped Bass Technical Committee and Plan
Development Team put together a
proposed set of management measures that would theoretically reduce harvest
by 25%. Such a reduction would provide a
mere 50% chance of reducing fishing mortality to the target by the end of 2015.
But even such a plan, that was as likely to fail as succeed,
was too much for the Management Board, which chipped away at the proposed
harvest cuts and increased the chances of failure.
First, they upped commercial landings.
Instead of requiring commercial fishermen to take a 25%
reduction from what they actually caught, the Management Board based the cut on
the quota. Since, coastwide, commercial
fishermen don’t land their full quota each year, that change meant that the
commercial reduction would be significantly less than 25%. Addendum IV to Amendment 6 to the Interstate
Management Plan for Atlantic Striped Bass described it as
“Option B16. Takes a
25% reduction from the Amendment 6 quota.
This option does not achieve the proposed 25% reduction from 2013 harvest
if all states harvest all of their available quota. However, this option may achieve some level
of reduction from 2013 harvest if the fishery performs similar to previous
years. [emphasis added]”
That pretty well says it all, although it doesn’t mention
that if all of the quota was landed, harvest would actually exceed that of 2013.
So the 25% reduction—and the plan’s chances of
succeeding--were already at risk.
Chances of success dropped even further when the Management
Board decided to exempt all Chesapeake Bay striped bass fisheries from the 25%
reduction, and allowed them to cut landings by just 20.5%.
And once the Management Board was done, the states stepped
in, taking advantage of “conservation equivalency,” the notion that a state may
adopt regulations other than those recommended by ASMFC, provided that such
states can demonstrate that, in theory, they have a similar conservation
benefit.
That’s all that the various
for-hire fleets needed to hear, as they began lobbying their state fisheries
managers to come up with arguments “proving” that killing two dead stripers per
trip, of some alternate size, won’t do more damage than taking just one.
And thus we have with what the American Sportfishing
Association deems a “Top Recreational Fishing Advocacy Accomplishment”—a management
plan that took too long to adopt, won’t prevent the stock from becoming
overfished (and contains no measures to actually rebuild it) and is more likely
to fail than succeed in its stated goal of reducing fishing mortality to the
target level by the end of 2015.
That doesn’t sound like much of an “achievement” to me.
And yet, there is irony here.
For if striped bass were managed by a federal fishery
management council instead of ASMFC, what the American Sportfishing Association
is calling a “Top Recreational Fishing Advocacy Accomplishment” wouldn’t have
required any advocacy effort at all. A
far better management plan would have been produced by such council simply by
applying the law, and it would have happened sooner, as well.
If striped bass were managed pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act, this is what would have occurred:
First, there would have been no debate about whether the
best available science should be used for management. As soon as the benchmark stock assessment
passed peer review, it would have been adopted as a matter of course, with no
debate and no vote. In October 2013, and
not a year later.
Then, because
Magnuson’s National Standard One states that
“Conservation and management measures shall prevent
overfishing…”
harvest reductions would have been imposed right away, for
the 2014 season. And those reductions
would, as a matter of law, have had to have no
less than a 50% chance of reducing harvest to target by the end of that year. There would have been no break for the
commercial fleet, and no break for the folks in Chesapeake Bay. Instead, we’d be looking at nothing less than a 25% reduction across
the board, and because scientific and management uncertainty also need to be
figured into federal catch limits, the reduction may have been a lot bigger
than that.
And things wouldn’t even end there.
“If the current fully-recruited F (0.200) is maintained
during 2013-2017, the probability of being below the {spawning stock biomass]
reference point increases to 0.86 by 2015.”
That means that there’s an 86% chance that the stock will become overfished this season.
Federal law requires that a fishery
management plan
“specify objective
and measurable criteria for identifying when the fishery to which the plan
applies is overfished (with an analysis of how the criteria were determined and
the relationship of the criteria to the reproductive potential of stocks of
fish in that fishery) and, in the case of
a fishery which the Council or the Secretary has determined is approaching an
overfished condition or is overfished, contain
conservation and management measures to prevent overfishing or end overfishing
and rebuild the fishery. [emphasis added]”
So if striped
bass were managed under the Magnuson Act, steps would already have been taken
to start rebuilding the stock.
We’d be a full year into the ten-year rebuilding period right now.
That would put
us, and the bass, in a lot better place than we are under the weak ASMFC
management plan that ASA calls a “Top Recreational Fishing Advocacy
Accomplishment.”
But here is where
the irony kicks in.
The American
Sportfishing Association is actually trying to weaken the Magnuson Act, so that
overfishing can continue and overfished stocks don’t have to be rebuilt so
quickly, in order to provide greater economic returns to the recreational
fishing industry.
In a press release dated May 29, 2014, ASA noted, with respect to Rep. Doc
Hastings’ so-called “Empty Oceans Bill,” which would have seriously weakened
the conservation and rebuilding provisions of the Magnuson Act, that
“This bill
includes several provisions that we support, such as easing the strict
implementation of annual catch limits…”
The American
Sportfishing Association is also one of the foremost supporters of, and
original contributors to, the Theodore Roosevelt Conservation Partnership’s A Vision for
Managing America’s Salt Water Recreational Fisheries, which states that
“The
Magnuson-Stevens Act currently states that the timeline for ending overfishing
and rebuilding fisheries ‘be as short as possible’ and ‘not exceed 10 years,’
with a few limited exceptions to allow for longer timeframes. While some stocks can be rebuilt in 10 years
or less, others require longer generation times, or factors other than fishing
pressure may prohibit rebuilding in 10 years or less.
“…Instead of
having a fixed deadline for stocks to be rebuilt, the [National Academy of
Sciences] recommended that the regional councils and fisheries managers set
lower harvest rates that would allow fish stocks to recover gradually while
diminishing socioeconomic impacts.”
In other words,
ASA seems to want all fishery management plans to be as weak as the one that
governs striped bass.
Thus, we have to
wonder, when we hear ASA call the recent striped bass harvest reductions a “Top
Recreational Fishing Advocacy Achievement,” whether they did so because ASA doesn’t
really understand what a wonderful conservation tool we have in the Magnuson
Act.
Or whether they
did so exactly because the ASMFC plan
is so weak, and elevates “socioeconomic impacts” above meeting its goals.
Either way,
calling the ASMFC’s actions an “Advocacy Achievement” casts ASA’s judgment into
serious doubt.
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