The ASMFC received a total of 4,689 written comments, which
consisted of 1,149 individual comments, 3,397 form letters, and letters from 51
organizations; it was noted that, in addition to such individual letters and
emails, 92 businesses and angling organizations signed on to one of the latter organizational comment letters.
Form letters are always a controversial topic. On one side of the issue sit those who feel
that form letters represent people who care about the issues being debated, but
lack the time and/or ability to compose their own letter; they argue that form
letters should be given the same weight as any other comments. On the other side sit those who believe that
form letters are often sent by people who give little thought or effort to the
issues, but merely cut-and-paste someone else’s arguments, and thus should not
carry the same weight as individually prepared comments. The ASMFC took a middle road with respect to
the Amendment 7 comments, deciding that
“Form letters (more than 3 of the same comment) include
comments stating support for an organization’s comments; however, if the
commenter provided additional comments/rationale related to management beyond
the organizations’ or letters’ comments, then it was considered an individual
comment.”
Judging by the letters that I’ve read so far (I’m on page
645), it appears that the ASMFC is applying that definition very liberally and,
when there is any room for doubt, placing comments into the “individual” rather
than “form letter” category.
With that in mind, 25 different form letters were
received. Of those, only four accounted
for more than 100 comments. By far the
largest of those was the letter provided by the Chesapeake Bay Foundation,
which was used by 2,461 individuals.
Of all the form letters provided by fishing-related
organizations, the greatest response came from supporters of Backcountry
Hunters and Anglers, a relatively new, largely volunteer-drive national
organization dedicated to science-based management of public lands and public
resources; the ASMFC received 251 copies of the form letter that BHA
provided. Despite its sophisticated
public messaging infrastructure and years of effort to engage anglers, the
American Sportfishing Association, which represents the fishing tackle
industry, saw only 217 stakeholders support its positions, while a letter of
uncertain provenance, which seems to have originated in the Massachusetts
surfcasting community, garnered 141 responses.
Both the tabulations of stakeholder response and the
individual letters make interesting reading, although given that they run to
more than 2,000 pages, I freely admit that I haven’t yet read them all. To provide a proper background for some of
then individual letters, it probably makes sense to first look at the overall
stakeholder response to the individual issues.
Management triggers—the message is “Do not delay”
Stakeholders were very close to unanimous in their
opposition to any changes to management triggers, if such changes would permit the Atlantic
Striped Bass Management Board to delay taking action in response to threats to
the striped bass stock.
With respect to the fishing mortality triggers, 4,124
comments (99.4%) supported the current requirement that, if a fishing mortality
trigger is tripped, managers must reduce such mortality to or below target
within one year; such support included 642 individuals (98.6%), 3,357 form
letters (99.8%), and 33 of the organizations (76.7%).
Only 25 comments supported a two-year reduction period,
including comments sent in by the Cape Cod Charter Boat Association, the
Massachusetts-based Carver Sportsmen’s Club, the New Jersey-based Hi-Mar
Striper Club, the Massachusetts Striped Bass Association, the Northeast
Charterboat Captains’ Association, the Recreational Fishing Alliance, the R.I.
Party and Charter Boat Association, and the Stellwagen Bank Charter Boat
Association. The Twin Rivers Waterman’s
Association and Virginia Waterman’s Association submitted a joint letter which
did not specify preferred options, but did indicate support for “management
stability,” allowing existing management measures time to work before new
measures are adopted, and “deferred management action,” and so can probably be
placed in the same category.
The split between the overwhelming majority of stakeholders
and what might be deemed the traditional for-hire fleet, which is made up
primarily of “six-pack” boats and still uses dead fish as the primary gauge of
a successful day, is a theme that continues throughout many of the comments.
A related issue, whether management action should be
triggered when overfishing occurs in just one year, as is currently the case,
or whether no action need be taken until a two-year average of fishing
mortality exceeds the threshold, saw similar support for the status quo, with
4,093 comments (99.6%) in favor of taking action as soon as overfishing occurs;
such support included 610 individuals (99.2%), 3,357 form letters (99.8%), and
34 organizations (85%).
With respect to the spawning stock biomass triggers, the
ASMFC tabulation noted that
“Many comments noted the [Atlantic Striped Bass Management]
Board should have designated a formal rebuilding plan more quickly after the
last assessment, and so would support a 2-year rebuilding plan deadline (A-2)”
Thus, it should come as no surprise that 4,101 comments
(99.7%), including 626 individuals (99.7%), 3,348 form letters (99.8%), and 35
organizations (87.5%). Organizational
opposition was limited to the Recreational Fishing Alliance and to the Cape Cod
Charter Boat Association, Hi-Mar Striper Club, Northeast Charterboat Captains’
Association and Stellwagen Bank Charter Boat Association, all of which
conformed their comments to the RFA position and, in the case of the latter two
organizations, placed their names on comment letters that were essentially
identical to that submitted by the RFA.
There was also near-unanimous support for amending the
recruitment trigger, but here, the response was more nuanced. 4,077 comments (99.7%) supported a more
sensitive recruitment trigger than the one currently in place, with 1,427 (35%
of those supporting a new trigger) encouraging the ASMFC to adopt a moderately
sensitive trigger, and 2,650 (65%) supporting a highly sensitive trigger. However, such preferences differed by comment
type; 456 individuals (75.6%) and 23 organizations (67.6%) prefer the
moderately sensitive recruitment trigger, while 2,492 of the form letters
(74.4%) preferred the highly-sensitive trigger.
There was far more unanimity with regard to what the
Management Board needs to do if the recruitment trigger is tripped. Currently, it is up to the Management Board
to decide whether to take an action; given the Management Board’s penchant for
delay, most stakeholders justifiably believe that if the Management Board is
given an excuse to do nothing, than nothing is exactly what it will do. Thus, 4,070 comments (99.6%) believe that the
recruitment trigger should be amended to compel the Management
Board to act when the trigger is tripped.
Of those 4,070 comments, 4,068 (99.95%) would require immediate action,
while two organizations, the Center for Sportfishing Policy and the American
Sportfishing Association, would require action, but add some qualifications as
to what such response should be.
Stakeholder comments on the final management trigger issue,
whether the Management Board should be able to defer action under certain
circumstances if a management trigger is tripped, received a similarly lopsided
response. 4,080 comments (99.4%),
including 612 individuals (99%), 3,341 form letters (99.6%), and 35
organizations (83.3%) oppose deferring management action under any
circumstances. As the ASMFC’s compilation noted,
“Commenters noted the need for the Board to respond
immediately to management triggers to retain accountable and not delay action.”
Recreational release mortality
The structure of the recreational release mortality section
of the draft amendment makes it somewhat more difficult to determine the
percent of support foir each proposal.
The section asked commenters to pick either Option A, which represented
the status quo, or to pick among a number of actions, which were only related
to one another in that they were intended to reduce the release mortality
rate.
The ASMFC’s compilation of comments only notes support for
each of such actions, and does not report explicit opposition; since commenters
can and often do refrain from commenting on individual actions, absence of
support does not necessarily imply opposition (for example, I did not comment
on Option D, Outreach and Education, because I have doubts about the value of
such efforts; that doesn’t mean that I oppose outreach efforts, just that I
believe that states’ fishery management dollars are better spent elsewhere,
particularly on science and enforcement, and choose not to burden state
managers with that particular unfunded mandate).
Thus, in reporting on release mortality options, all
percentages will reflect the percentage of all comments received by the ASMFC, a figure which probably does not reflect the number of comments actually
addressing each particular issue. I
apologize for taking such an approach, but without having the opposition
numbers, it’s the best that I can do.
Proposals to impose seasonal closures that would reduce recreational fishing effort and so, in theory, reduce fishing mortality were probably the most controversial. Restrictions on targeting striped bass were viewed by many as unenforceable, as anglers targeting bass could always claim that they were fishing for bluefish, catfish, white perch or some other species, and so evade the law’s intent.
Restrictions on harvest in spawning areas received more support, but not necessarily from those who fished in such areas; that was particularly true of New York anglers who fished in the Hudson River. That’s reflected in the comments.
Only 102 comments (2.2% of all comments received) supported a 2-week no-targeting closure at the heart of each state’s bass season; such closure was unpopular across the board, receiving the support of just 25 individuals (2.2%), 73 form letters (2.1%), and 4 organizations (7.8%). A 2-week no-targeting closure limited to the spawning grounds (perhaps easier to support, given that only a handful of states host spawning grounds), received the support of 434 commenters (9.3%), including 123 individuals (10.7%), 300 form letters (8.8%), and 11 organizations (21.6%).
Support
was much stronger for prohibiting harvest in the spawning areas between January
and April, which was favored by 2,924 commenters. Such support, however, was skewed by the form
letters received from supporters of the Chesapeake Bay Foundation, with the
prohibition supported by just 136 individuals (11.8%), but also by 2,775 form
letters (81.7%), and 13 organizations (25.5%).
The Foundation didn’t take a position on banning the use of
gaffs or other lethal devices to land striped bass, nor on the requirement that
all bass caught on non-approved gear (for practical purposes, bait fished on
J-hooks) be released. That, too, skewed
the results, which show 1,584 comments (33.8%) supporting a gaff ban, including
582 individuals (50.6%) and 36 organizations (70.6%), a majority of both, but
only 864 form letters (25.4%). Mandatory
release of fish caught on unapproved gear received similar, although very
slightly less, support.
Rebuilding the striped bass stock
Near-unanimity again reigned when the comments turned to
issues related to rebuilding the stock.
4,062 comments (99.7%) supported managers using a
low-recruitment assumption when preparing the rebuilding plan, to reflect
recent striped bass recruitment trends.
Such support extended to all comment types, including comments by 585
individuals (99.2%), 3,341 form letters (99.8%), and 34 organizations
(97.1%). The only organization
submitting comments supporting the standard recruitment assumption was R.I.
Party and Charter Boat Association.
A proposal that would allow the Management Board to
fast-track the rebuilding plan, and move forward without going through the
customary, but time consuming, addendum process involving public hearings, earned
near-identical support, eliciting 4,047 favorable comments (99.7%), including
588 from individuals (99%), 3,333 in form letters (99.8%), and 34 from
organizations (94.4%). Among the
organizations, the R.I. Party and Charter Boat Association was, once again, an
outlier, but this time was joined in its dissent by the Maryland Charter Boat
Association.
It's probably also worthwhile to note that there were some
organizations, led by the Recreational Fishing Alliance, which chose to make no
specific recommendations on the rebuilding comments, but instead seemed to
question the wisdom of rebuilding at all.
The RFA comments noted that
“RFA is very concerned about the ability to rebuild striped
bass biomass to the SSB target by 2029. It’s
important to recognize two key points.
First, in the history of this fishery, female SSB has never reached the
rebuilding target, even in 2003, when the fishery reached the highest biomass
value in recorded history. This
inability to meet the current rebuilding target clearly demonstrates that then
biological reference points including the rebuilding target are not
realistic. Second, in recent years, the
striped bass population has been less productive than it was when the
rebuilding targets were established.
Meaning, fishing mortality is having less direct impact on rebuilding
progress observed in the stock. It seems
highly unlikely that the stock will be rebuilt by 2029. But since the ASMFC does not control
environmental factors and still uses a fixed natural mortality value, the only
recourse they can take when rebuilding lags is drastic cuts to fishing
regulations. Perhaps a question that
needs to be asked in Amendment 7 is if we can’t rebuild by 2029 without
imposing massive restrictions on the fishing community, should we be happy with
the current status of the stock and just try to manage F. RFA has a hard time supporting any of the
rebuilding options in the document because we feel we are being set up for
failure with this fishery. We believe
that it is imperative that the biological reference points are revised in the
next benchmark assessment 2025 before selecting a management response.”
While such comments are completely contrary to the beliefs of almost every stakeholder who expressed an opinion, they were repeated, more or less verbatim, in the comments of the Cape Cod Charter Boat Association, the Northeast Charterboat Captains’ Association, and the Stellwagen Bank Charter Boat Association.
Should rebuilding the
stock by the 2029 deadline require very restrictive management measures, as I
suspect will be the case, we should expect to see such comments repeated, both
at the ASMFC and in various media outlets.
Conservation equivalency
Conservation equivalency may be the most controversial issue
addressed in the draft amendment. The
ASMFC compilation reported that
“Those in favor of restricting CE (B-E) noted concerns about
how CE has been used in the past and the high uncertainty of implementing
alternative measures, especially when the stock is in poor condition. Some comments suggest removing CE entirely
from the management plan.”
Such concerns were addressed in a number of comment
letters. The Nature Conservancy noted
that
“state-by-state Conservation Equivalency provisions have
twice been used in ways that undercut widely supported coast-wide stock
maintenance and rebuilding objectives for the purpose of achieving very
short-term increases in the allowable catch for certain states.”
Another conservation organization, Wild Oceans, stated that
“Conservation Equivalency (CE), as currently applied to the
management plan for striped bass, allows states and jurisdictions to sidestep
conservation measures necessary for ending overfishing and rebuilding the stock.”
Perhaps the most notable comment came in a letter signed by
the Attorneys General of Connecticut, Rhode Island, and Massachusetts, which
said
“Perhaps the most critical
component of this draft amendment is its suite of proposals to rein in abuse of
Management Program Equivalency, also known as Conservation Equivalency
(CE). As an advocate for the residents
of our states, we support such proposals, which are intended to stem some
states’ systematic abuse of the CE process, which effectively shifts the
conservation burden from such states onto the shoulders of anglers in our states
and other, more conservation-oriented jurisdictions.”
Anglers expressed similar sentiments, saying things such as
“I don’t see how Conservation Equivalency has done anything
to help the fishery recover. It gives
too few people the opportunity to steer the whole program to whatever they deem
appropriate.”
“Conservation Equivalency is the single most important issue
in Amendment 7. It has also likely been
the biggest hurdle to striped bass abundance in the time period since the end of
the moratorium. Conservation Equivalency
frankly flies in the face of the spirit of interstate management of a migratory
species…Perhaps never in the history of fisheries management has a tool been so
abused…”
And
“Conservation Equivalency is a legitimate cancer to effective
striped bass management…To me it was clear that Conservation Equivalency
ensured the failure of the new slot limit that was recently proposed under
Amendment 6—dropping the probability for rebuilding to occur below 50%...”
Given such sentiments, it’s probably not surprising that
only 52 comments (1.3%), provided by 11 individuals (1.7%), in 33 form letters
(1%), and by 8 organizations (19%) supported continuing the use of conservation
equivalency in its current form, while 4,104 comments supported prohibiting its
use when the stock was in a sub-optimal condition. Of those 4,014 commenters, 4,101 (99.9%) felt
that conservation equivalency should not be used when the stock is overfished,
6 (0.1%) would ban its use when spawning stock biomass was below its target
level, and 426 (10.4%) would prohibit CE when overfishing is occurring
(multiple options were chosen by some commenters).
There was also strong sentiment for establishing standards for the data underlying conservation equivalency although, because
the Chesapeake Bay Foundation took no position on the issue, the number of
responses was substantially less.
Nonetheless, of the 1,561 comments addressing the issue, 1,558 (99.8%)
opined that the percent
standard error of such data should not exceed 30.
1,567 comments also supported a proposal that would require
states who elected to take advantage of conservation equivalency to include an
“uncertainty buffer” in their calculations, to account for the lower precision
of state-level data. Of those 1,567
comments, 225 (14.4%) supported a buffer of 10%, 1,144 (73%) supported a buffer
of 25%, and 168 (10.7%) supported a buffer of 50%.
Finally, 1,332 comments addressed the question of how conservation equivalency should be defined. Of those, 1,328 (99.7%) believed that a state’s conservation equivalency measures should achieve the same reduction that the ASMFC’s standard coastwide measures would have achieved in that particular state; the minority preferred that a state only be required to achieve the overall coastwide reduction.
Once again, the
Attorneys General’s letter made one of the most salient points on the issue:
“In addition, we support sub-option E2, which requires that
state CE proposals achieve the same quantified level of conservation in the
relevant state as the standard management measures adopted by the Board. In doing so, we note that the alternative,
sub-option E1, fails to comply with the Interstate Fishery Management Program
Charter’s requirement for CE programs, that such programs ‘achieve the same
quantified level of conservation for the resource under management.’ As Draft Amendment 7 itself agrees,
sub-option E1 may provide a lesser level of conservation for the striped bass
resource, and so undercut the success of management measures.”
So what does it mean?
I have been involved in fisheries management issues since
the striped bass stock began to collapse in the late 1970s, and I don’t think
that I’ve ever before seen the sort of unanimous agreement on needed management
measures that I’m seeing in the Draft Amendment 7 comments where, at least on the major issues, over 99% of the
comments support a single option. Not
even last year’s comments on the Public Information Document for Amendment 7
showed such a degree of uniformity.
Although past experiences have led many stakeholders to
become wary of the Management Board, and question its receptivity to public
comment, I have to believe that the
Management Board is going to respond to such a clear statement of stakeholder
opinion. I feel that way for a number of
reasons.
First, and perhaps most important was the diverse array of individuals and organizations that came out to speak on behalf of the striped bass. There were the usual anglers and fishing
clubs, but there were also sportsmen’s groups that are relative newcomers to
striped bass issues, including Backcountry Hunters and Anglers and the New York
State Conservation Council. There were conservation
organizations such as the Chesapeake Bay Foundation, Kennebunkport Conservation
Trust, Native Fish Coalition, Save the Bay, The Nature Conservancy, and Wild
Oceans. There were angling
industry-associated groups, including the Center for Sportfishing Policy,
American Sportfishing Association, Coastal Conservation Association,
Congressional Sportsmen’s Foundation, and Theodore Roosevelt Conservation
Partnership. There were the Maine
Association of Charter Boat Captains and the American Saltwater Guides
Association, representing the forward-looking members of the for-hire fleet, and the 90-plus
signatories to the Guides’ Association’s comment letter, which included a host of companies that are well-known to anglers.
Perhaps most notable of all was the letter sent by the
Attorneys General of Connecticut, Rhode Island, and Massachusetts. The ASMFC has long been the realm of state
fishery managers, who must look out for the interests of their state’s
fishermen and fishery resources. But
attorneys general play a very different role; they, too, are charged with
protecting the interests of the citizens of their states, but they don’t do so
by sitting around a table, debating the data and cutting deals. Attorneys general’s job is to assure that
their states' and their state residents' legal interests are protected, and when they sit down at a table,
they do so with those legal interest in mind.
That brings an entirely new dimension to the striped bass debate.
The Management Board ought to keep that in mind if any of
them are thinking about ignoring the public’s will, and
trying to move Amendment 7 in an unwanted direction.
The outliers
The only outliers in the Amendment 7 debate appear to be the harvest-oriented members of the for-hire fleet who, in this third decade of the 21st Century, are still trying to shape striped bass management to fit a 1970s paradigm. But the times are not merely changing; they changed a long time ago.
Over
the past few years, 2018-2021, the for-hire fishery was responsible for less
than 2% of all directed striped bass trips, and many of those trips were
undoubtedly taken by anglers fishing with the new generation of captains who
understand that the future of their businesses depends on having an abundance of bass in the water for their clients to encounter and enjoy, and not merely on stacking dead fish in a cooler.
When the Recreational Fishing Alliance and its allied
organizations call for reducing
the biomass target, a goal rejected by 99.6% of the stakeholders who commented
on the Public Information Document a year ago, they only demonstrate how out
of touch they are with the current generation of anglers.
The R.I. Party and Charter Boat Association demonstrates a
similar disconnect when it states that
“we feel a strong message needs needs to be included in the
objectives that recognizes a need to preserve the historic value of Striped
Bass as a food fish. According to
recreational catch data, a significant portion of the current Striped Bass
fishery is a recreational catch and release type fishery. Recent rebuilding efforts, age structure of
the stock, and social changes has [sic] shifted the historic food fishery
towards a catch and release fishery, but we feel the folks who wish to fish for
striped bass for a meal and those folks who wish to purchase striped bass at a
market should not be forgotten. We
support management that increases the level of harvested Striped Bass and
reducing the level of discarded Striped Bass from current levels..
“We continue to oppose managing this species for abundance,
at the request of and benefit to a portion of the recreational fishery.”
But, again, the overwhelming majority of stakeholder comment
disagrees. Time only moves forward, and changing angler attitudes have “shifted the historic food fishery towards an
catch and release fishery.” Richard Nixon is no longer
President. Try as they might, no one can turn the clock back to 1972. Killing fish is no longer as important to anglers as it was 50 years ago.
The dogs that didn’t bark
Another thing that was striking about the comments was not
who took a position on Amendment 7, but who didn’t.
I don’t pretend to know all of the organizations with an
interest in striped bass, but I’m familiar with just about all of the groups in
the upper mid-Atlantic, and what I find striking is how many of the
organizations that usually provide conservation-averse comments have not, on this occasion, provided any
comments at all.
Here in New York, we have some baymen’s organizations that
are usually quite active with regard to fishery management issues. As far as I can tell, none of them provided
comment.
We also have a few organizations that represent the for-hire
industry. Some have been around for
quite a long time, while others are
newer, but they can usually be depended upon
to show up at hearings and/or provide written comment on fishery issues,
particularly those involving striped bass.
All have been strangely quiet this time.
I note the same thing down in New Jersey. Boatmen’s organizations have not made formal
comment. The Jersey Coast Anglers
Association, which has been politically active for many decades and can usually
be counted on to address any proposal that impacts New Jersey’s fisheries, is
not listed on the ASMFC’s list of commenting organizations.
I’m not sure what to make of such absence.
Maybe people have looked around and noticed an absence of
bass, and decided that opposing conservation measures is contrary to their own
interests. I’d like to believe that, but
at least in a few cases, I doubt that is so.
Maybe there’s some disagreement among organizations' members, with some
opposing striped bass conservation, and some supporting it, leading to an
impasse and a lack of the consensus needed to produce a set of comments. In some
cases, I think that may be true, especially in organizations ripe for
generational conflict, where an older, less conservation-oriented leadership is
coming into conflict with younger and more enlightened members.
Maybe some people are just realizing that this is a fight
they can’t win, which is something that I hope is true.
But whatever the cause, I can only take some groups’ failure
to comment as a positive sign.
And, finally, thanks
I’m looking forward to next Wednesday’s meeting, hoping that
Amendment 7 will turn out the right way.
But however things turn out, I have to thank Emilie Franke, the ASMFC’s
fishery management coordinator, for the work
that she’s done for striped bass.
As a new ASMFC staffer, she got thrown into the striped bass
fire early last year, just as the Public Information Document was being
finalized. With no previous experience
in the role, she had to run the public hearings—on webinar, back then—tabulate all the comments,
present them to the Management Board, and then take the Management Board’s
direction back to the Plan Development Team.
At that point, the PDT had to turn the input provided by the
Management Board, Technical Committee, and public comment into a comprehensible document fit for public
release and public comment. It was a
very tough job, but after sitting in on many PDT meetings, I can report that she and the rest of the PDT pulled it off with aplomb.
After that, there was a new round of hearings, some in
person. As always at such events, there
were the usual scattering of boors, blowhards, and buffoons who mix in with the respectable
folks and make the hearings a bit of a trial for all concerned, but Ms. Franke
handled them all with professionalism and grace, while providing a clear
introduction to the draft amendment to everyone who had an honest desire to
understand its provisions.
Now, we’re in the final days of the debate. However that debate ends, we should all thank Ms. Franke for helping to
get us this far.