Sunday, May 2, 2021

ENTITLEMENT FEEDS GREED AT THE ASMFC

 I don’t typically discuss allocation issues in One Angler’s Voyage. 

This blog is dedicated to fisheries conservation, and promoting management strategies that provide a greater abundance of marine resources.  Since conservation is all about constraining removals to sustainable levels, and not about who gets to do the removing, allocation is generally irrelevant to the conservation discussion.

I make only one exception to that general rule, and that is when a particular sector, jurisdiction, or other entity feels entitled to warp the allocation process, in order to gather a disproportionate share of the resource for itself.  Fishery management is, after all, a zero-sum game; there is a finite limit to the number of fish that can be sustainably landed, so when anyone tries to hoard fish for themselves, they are necessarily denying a share of that resource to others.

Such resource grabs generally take two different forms.  

We see them when states, sectors, or similar entities try to corral a higher percentage of landings, not because conditions have changed, but merely because they feel entitles to a bigger piece of the pie (think of anglers seeking “gamefish status” for commercially valuable species, or fishermen on for-hire vessels being allowed to retain 5 bluefish per day, when all other anglers may only keep 3).

We also see it when conditions change, to the point where reallocation is called for, but those who have historically accessed the fish refuse to give up quota to those in the best position to access the fish today.

Ironically, when states are involved, it is often the jurisdictions that repeatedly demand special considerations for themselves that most aggressively oppose giving any consideration to others.

We saw just such an issue arise at the winter meeting of the Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board.

Such issue arose out of the ASMFC’s Addendum XXXIII to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was approved at the winter meeting and set new state allocations for the commercial black sea bass fishery.  As noted in the Addendum itself,

“Over the last decade, the distribution of the black sea bass stock has changed, abundance and biomass have increased significantly, and there have been corresponding changes in fishing effort and behavior…Since [the mid-2000s], the biomass in the northern region has grown considerably.  Although the amount of biomass in the southern region has not declined in recent years, the northern region currently accounts for the majority of spawning stock biomass…

“In some cases, expansion of the black sea bass stock into areas with historically minimal fishing effort has created significant disparities between state allocations and current abundance and resource availability.  The most noteworthy example is Connecticut, which has experienced significant increases in black sea bass abundance and fishery availability in Long Island Sound in recent years but is only allocated 1% of the coastwide commercial quota (this allocation was based loosely on landings from 1980 to 2001).”

Addendum XXXIII sought to correct Connecticut’s problem by raising its share of the coastal commercial harvest from 1% to 3%, and reducing the shares of most other coastal states by anywhere between 0.19% to 0.35% in order to do so.

That was fine as far as it went, but it didn’t go far enough. 

Connecticut’s case for a larger quota was based on an influx of black sea bass into Long Island Sound.  But Long Island Sound has two shores; the North Shore of Long Island, along with some coastline in Westchester, Queens, and Bronx counties, too, also border the Sound.  In the past decade or so, black sea bass have recently become available to fishermen from those regions, too, but the ASMFC’s Summer Flounder, Scup, and Black Sea Bass Management Board didn’t see fit to give New York’s commercial fishermen the same consideration that they gave those along the Connecticut shore.

That wasn’t the way that things were originally intended to be.

When the initial motion was made at a joint meeting of the ASMFC and Mid-Atlantic Fishery Management Council, Dr. Jason McNamee, Rhode Island’s fishery manager, supported what was known as

“Modified Option B—Increase CT to 3% and NY to 9%, with the change occurring over 2 years.”

Pursuant to such motion, both Connecticut and New York would have had their black sea bass quotas increased by 2%, to address the recent movement of fish into Long Island Sound.

But there were states that, while sympathetic to Connecticut’s plight, had no sympathy at all for New York, and stripped the increase in New York’s quota out of the final motion.

When you take the time to look at where the most adamant opposition came from, an interesting pattern emerges.

For example, the initial effort to strip any increase away from New York was made by John Clark, the Delaware fisheries manager; his substitute motion also included additional management provisions intended to provide

“necessary stability to harvesters in the southern region [which includes Delaware], who haven’t been catching their allocations.  [emphasis added]”

Effectively, he sought to prevent quota from flowing to New York fishermen, that would allow them to participate in the new black sea bass fishery in Long Island Sound, in order to allow the southern states to retain quota that they weren't using.

That sort of thinking that makes it easy to understand why gluttony was included among the Seven Deadly Sins, because

“gorging by the prosperous may leave the needy hungry.”

Given that the southern states opposed providing some quota for fishermen on the New York side of Long Island Sound, despite the fact that they weren’t using all of the quota that they’ had been given, it makes sense that greed, which might be defined as

“an inordinate desire to acquire or possess more than one needs,”

has also long held a place among the same Deadly Seven.

That’s not to say that Delaware—or John Clark—is always opposed to reallocation. 

When the proposed Public Information Document For Amendment 7 to the Interstate Fishery Management Plan for Atlantic Striped Bass was being discussed at the October 2020 meeting of the ASMFC’s Atlantic Striped Bass Management Board, Clark was 100% on board with including language that, if ultimately included in Amendment 7, would change the striped bass allocationand let Delaware kill some additional fish.

In fact, Clark laid out a clear argument as to why Delaware was a victim of special conditions, and why Delaware ought to have a chance at a harvest increase.

So Delaware clearly understands why exceptional conditions might justify a new allocation that benefits Delaware.  It’s only when such special conditions impacted another state—in the case of black sea bass, New York—that they no longer justified reallocation.

Of course, when it came to gluttony or greed, Delaware wasn’t the only sinner in the room.

There was, for example, Tom Fote, the Governor’s Appointee from New Jersey, another state in the southern region for black sea bass.  He argued, in part, that

“when I look at New York, I don’t hear them saying, well we’ll take 8 percent or 7 percent [which would have been pointless, as 7 percent is what New York already had] instead of going to 9 percent.  They’re just looking for an increase, the same way they have looked at summer flounder and other species.  They use the excuse of climate change and those fish are moving north, and a lot of the time it’s just because there are bigger fish up north, and they’re landing by the size of the fish, and you pushed us out.”

Michael Luisi, the Maryland fishery manager, called the increase in New York’s allocation a “handout,” and said

“I do not support the handout to New York with its base allocation increasing it to 9 percent.”

But what about handouts when Maryland or New Jersey is the beneficiary? 

Those, it seems, are OK.

New Jersey certainly has a long history of them.

Consider summer flounder.

In 2017, in response to new data indicating that the summer flounder population was in a decline, the ASMFC decided to reduce recreational summer flounder landings by 30%, and adopted management measures that would accomplish such goal.  New Jersey refused to comply with the summer flounder management measures adopted by the ASMFC's Summer Flounder, Scup and Black Sea Bass Management Board.   

Instead, the Commissioner of New Jersey's Department of Environmental Protection declared that such reduction, which was reluctantly approved by the other East Coast states,

“imposes a de facto moratorium in recreational summer flounder fishing in my state,”

and proposed less restrictive regulations for the ASMFC’s approval.  But the scientists on the Summer Flounder, Scup, and Black Sea Bass Technical Committee found that the New Jersey proposal fell short of the required reductions, and the Management Board let the proposal die, with no one willing to even second New Jersey’s motion and allow discussion.

However, New Jersey felt entitled to kill more summer flounder, and ignored the ASMFC’s decision.  So the ASMFC found it out of compliance with the management plan, and referred the matter to the United States Secretary of Commerce for further action.  Unfortunately, the new Secretary, and the then-new Trump administration, was also more concerned with killing fish than in properly conserving and managing them, so allowed New Jersey to defy the ASMFC.

It was a “handout” that New Jersey had no problem with—no problem at all. 

Even though Fote, the New Jersey Commissioner, had a big problem with New York getting a little more black sea bass quota.

And then, there’s New Jersey and striped bass.

In 2019, a benchmark stock assessment found striped bass to be both overfished and subject to overfishing.  The ASMFC initiated an addendum that was intended to reduce coastwide fishing mortality by 18%, and reduce it to or below the fishing mortality target.  On the recreational side, a one-fish bag and 28- to 35-inch slot limit was expected to get the job done.

Except that New Jersey thought it was special, and shouldn’t have to make such reduction.  Instead, it fought for—and eventually got—a broader, 28- to 38-inch slot, that allowed it to kill more bass than its neighbors. 

The results of that were striking.

In 2020, the first year of the new addendum and its accompanying regulations, striped bass landings in New York fell by 59%; in Delaware, they fell even farther; anglers there experienced an 85% landings reduction.  But in New Jersey, recreational striped bass landings actually increased by 26%, thanks to that state’s “special” rules.  

New Jersey had no problem with that, although they did have a very big problem with New York getting a mere 2% of additional black sea bass quota.

In Maryland, something very similar also unfolded.

Amendment 6 to the Interstate Fishery Management Plan for Atlantic Striped Bass says that

“If the Management Board determines that the fishing mortality target is exceeded in two consecutive years and the female spawning stock biomass falls below the target within either of those years, the Management Board must the striped bass management program to reduce the fishing mortality rate to a level that is at or below the target within one year.”

Maryland agreed to that language when Amendment 6 was adopted in 2003.

Yet when the 2013 benchmark stock assessment indicated that such management trigger had been tripped, and that fishing mortality had to be reduced to target, Maryland tried to renege on its agreement, and phase in the reduction over three years, instead of getting it done in the one year that Maryland had consented to eleven years before.

After that effort failed, Maryland voted to approve Addendum IV to Amendment 6 to the Atlantic Striped Bass Interstate Fishery Management Plan which, among other things, required recreational fishermen in the Chesapeake Bay to reduce fishing mortality by 20.5%. 

As things turned out, recreational fishermen in the Bay, and particularly in Maryland, failed to meet that reduction.  In fact, they actually increased their fishing mortality by more than 50% in 2015.  Maryland felt no remorse, nor felt any need to revise its fishing regulations.  Its fisheries manager, Michael Luisi, actually argued that such obvious failure represented successful fisheries management, since the coastal fisheries cut mortality far more than they needed to, and thus more than covered Maryland’s excesses. 

At a later meeting, Luisi went so far as to say that

“I don’t think it was ever anybody’s expectation that we would maintain some sort of a constant harvest strategy while we have the influence of year class strengths that we do.  It would suggest to me that this conversation about finding or maintaining a harvest level at or below the 2012 harvest, it wasn’t something that was going to happen…”

Or, to put it another way, “Yes, Maryland voted for Addendum IV, which said that we were going to reduce fishing mortality in the Chesapeake Bay by 20.5%, compared to 2012.  But just because we said that would happen didn’t mean that we actually had any intention of doing it.  If you were stupid enough to believe we’d be true to our word, that was your problem.”

So yeah, Maryland felt completely entitled to all of the fish its anglers took in excess of the Addendum IV benchmark—but giving New York another 2% of the black sea bass quota was clearly a “handout.”

Given the sort of things described above, it’s somewhat disconcerting, perhaps even shocking, to see how some people at the ASMFC think.  They feel perfectly comfortable claiming special harvest privileges for themselves, with little or no justification, but are resistant to and resentful of giving even a modicum of relief to other states, regardless of the justification.

They are greed—perhaps to the point of gluttony—and entitlement personified.

That sort of entitlement hurt New York’s would-be black sea bass fishermen in Long Island Sound, and will continue to do so if an appeal that New York filed is turned down by the Interstate Fishery Management Policy Board on this coming Thursday.

But that same sort of entitlement also threatens other fisheries, such as the striped bass, as commissioners from states such as New Jersey, Delaware, and Maryland, which I understandably characterized as an “axis of evil” in an earlier essay, prove willing to put the long-term health of the stock at risk in order to increase their fishermen’s short-term landings.

The ASMFC’s vision is

“Sustainable and Cooperative Management of Atlantic Coastal Fisheries.”

But such sustainability can only be achieved if states are willing to truly cooperate with one another, and not just look out for themselves.

And such cooperation can only be assured if the states that are willing to work together fiinally stop tolerating that states willing to work only for themselves.

 

 

 

 

 

 

 

 

 

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