The message from Jon Hare, the director of the National
Marine Fisheries Service’s (NMFS) Northeast Fisheries Science Center (NEFSC)
was as distressing as it was clear:
I have raised at both [the New England Fishery Management and
Mid-Atlantic Fishery Management] Council meetings the issue that the NEFSC is
not going to be able to complete assignments as scheduled in 2025. This is a
result of staff reductions that have occurred and will occur in the coming
weeks…
The NEFSC is looking at these two time scales—2025 and 2026
and beyond. For 2025, the NEFSC is evaluating the 2025 assessment schedule and
associated process steps to try and determine what is feasible given the
reductions in staffing. The NEFSC will be reaching out soon to discuss proposed
changes to assessment product delivery for 2025 to meet management needs with
our decreased assessment capacity…
In our early planning, NEFSC recognizes that two “new-ish”
process steps will need to be paused for the time being. First, we intend to
not conduct the proposed Management Track input process that was intended for
May 2025 to gather input on Fall 2025 [Management Track] assessments. Given
that we do not have clarity on what the assessment schedule will look like for
2026 and beyond, we feel it does not make sense to convene stakeholders to
gather input on assessments that may not happen in 2026. Second, we also do not
intend to convene a Research Track Steering Committee meeting this Spring.
Similar to the [Management Track] input situation, once we have an idea on our
capacity, we are going to ask the [Northeast
Region Coordinating Council] to consider the current Research Track
schedule at our May meeting, so planning for additional Research Tracks is
premature at this time.
…With respect to assessment schedule changes, NEFSC is
actively developing proposed updates for 2025 to discuss with you. As soon as
possible, we will reach out to share those ideas and work on solidifying this
year’s schedule. Once we’ve done that, we’ll move onto longer-term planning,
and will be engaging NRCC members in that as well—with hope that we’ll have
some concrete ideas to discuss at the May NRCC meeting.
Thank you.
The note was addressed to members of the Northeast
Regional Coordinating Council, an organization composed of scientists and
fisheries managers from the NEFSC, NMFS’ Greater Atlantic Region Fisheries
Office, the New England Fisheries Management Council, the Mid-Atlantic
Fisheries Management Council (MAFMC), and the Atlantic States Marine Fisheries
Commission (Commission), which was organized to “prioritize, communicate, and
coordinate fisheries scientific and management resources through in-person
meetings that include Federal, State, Council, and Commission managers and
scientists of the Greater Atlantic region of the United States.”
Dr. Hare’s message bodes ill for the fishery management
system now in place throughout NMFS’ Greater Atlantic region, which includes
all federal waters between northernmost Maine and Cape Hatteras, North
Carolina. It also bodes ill for some stocks managed by the Commission which,
while primarily pursued in state waters, are nonetheless assessed by the NEFSC.
Fisheries management in the Greater Atlantic region, as in
all other federal waters, is governed by the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens), which has
established a number of legally enforceable requirements for all federal
fisheries managers and federally managed fisheries. Magnuson-Stevens requires
that “Any fishery management plan…with respect to any fishery, shall contain
the conservation and management measures…necessary and appropriate for the
conservation and management of the fishery to prevent overfishing and rebuild
overfished stocks, and to protect, restore, and promote the long-term health
and stability of the fishery. [formatting omitted]”
It defines “overfishing” and “overfished” as “a rate or
level of fishing mortality that jeopardizes the capacity of a fishery to
produce the maximum sustainable yield on a continuing basis.”
Should a stock be found to be overfished, Magnuson-Stevens
requires that fisheries managers prepare a rebuilding plan that, among other
criteria, “specif[ies] a time period for rebuilding the fishery that shall be
as short as possible…and not exceed 10 years, except in cases where the biology
of the stock of fish, other environmental conditions, or management measures
under an international agreement in which the United States participates
dictate otherwise. [formatting omitted]”
Magnuson-Stevens also requires that “Conservation and
management measures shall be based upon the best scientific information
available.”
The stock assessments provided by NMFS’ fisheries science
centers, including the NEFSC, have long been recognized as the “best scientific
information available” for managing fish in federal waters. Without timely
assessments, it would be impossible to determine the maximum sustainable yield
(MSY) of any fish stock, nor the fishing mortality rate that would achieve MSY
but not lead to overharvest.
Without such assessments, it would be impossible to
determine whether a stock is overfished or experiencing overfishing, or to
determine whether a formerly overfished stock had been successfully rebuilt.
And the management plans for some fish stocks require even more intensive
monitoring.
On June 7, 2022, the MAFMC and Commission jointly adopted
the Recreational
Harvest Control Rule Framework (Control Rule), which was more
formally designated Framework 17 to the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan and Framework 6 to the Bluefish Fishery
Management Plan. The Control
Rule was amended by the MAFMC and Commission on April 9, 2025.
The Control Rule abandoned the traditional approach to
recreational fisheries management, in which anglers’ recent landings were
compared to an established recreational harvest limit (RHL). Depending on
whether such recent landings were above or below the RHL, recreational
management measures were made either more or less restrictive in the hope to
make landings more closely approximate the RHL in the next fishing year.
It was a simple process, but because weather, the
availability of different species, and even economic factors such as fuel
prices affected angler behavior differently each year, and because the
estimates of recreational landings included substantial uncertainty, it was
rarely successful in aligning landings with the RHL.
The Control Rule presented a new approach that was, in part,
based on stock status. Given the same set of circumstances, different
management responses would occur depending on whether a stock’s abundance was
“very high,” or more than 150% of the biomass target (Btarget);
“high,” defined as at least 100% of Btarget but less than 150%;
or “low,” meaning at least 50% of Btarget but less than 100%
(the recent amendment to the Control Rule changed those definitions somewhat,
and added a fourth category for stocks with an abundance just a little above or
below Btarget). Control Rule-based management measures would remain
in place for two years to better promote regulatory stability, and
substantially dampened the sometimes wild, year-to-year changes in management
measures adopted pursuant to the previous approach.
However, the Control Rule is heavily dependent upon timely
stock assessments, produced every two years, to inform managers of changes in a
stock’s status. In 2023, after a scheduled research track stock assessment for
black sea bass could not be completed on time, and so delayed the production of
a management track assessment needed to inform the Control Rule process, the
process of setting recreational black sea bass specifications for 2024-2025 was
disrupted. A memorandum
from MAFMC staff advised that
The [Control Rule] is intended to allow recreational measures
to remain unchanged across two years, aligned with the timing of updated
management track stock assessments, which are expected to be available every
other year. However…the previously anticipated 2023 management track assessment
was postponed to the summer of 2024.
Given this change in the timing of the assessment, the 2024
overfishing limit, acceptable biological catch limit (ABC), recreational annual
catch limit (ACL), and recreational annual catch target (ACT), from which the
RHL is derived, were all set equal to the 2023 values. The 2024 RHL (6.27
million pounds) differs from the 2023 RHL (6.57 million pounds) only due to the
use of updated discard data in the calculations. Framework
17/Addendum XXXIV did not contemplate a situation where the RHL would change
without updated stock assessment information… [emphasis added]
Because black sea bass abundance was deemed “very high,” and
because 2024 recreational landings were expected to exceed the 2024 RHL, the
Control Rule called for new management measures that would effect a
10% reduction in recreational black sea bass landings.
The Summer Flounder, Scup, and Black Sea Bass Monitoring
Committee (Monitoring Committee), which is composed of state, Commission, and
federal biologists and advises the MAFMC and Commission on management issues,
disagreed with the Control Rule’s direction.
Instead, the
Monitoring Committee “agreed that the [Control Rule] requirements in
this situation are not clear. The framework/addenda which implemented the
[Control Rule] did not contemplate a situation where the RHL would change
without a stock assessment update. When the framework/addenda were finalized,
it was assumed that management track stock assessments would be available every
other year.” Because the required stock assessment was unavailable, and after
considering multiple factors that fell outside the Control Rule’s methodology, “but
with greatest emphasis on the lack of updated stock assessment information,”
the Monitoring Committee “recommended that recreational black sea bass measures
be left unchanged in 2024.”
The 2023 black sea bass stock assessment was delayed even
though the NEFSC was operating at full capacity. If staff reductions lessen the
NEFSC’s capacity to complete future stock assessments, there is good reason to
ask whether the Control Rule would remain a viable management tool in an
environment where the NEFSC could not reliably produce the needed stock
assessments every two years.
At the March
13, 2025 meeting of the Summer Flounder, Scup, and Black Sea Bass
Advisory Panel (Advisory Panel), one “advisor expressed hesitation with [the
Control Rule’s] reliance on timely stock assessments every two years,
especially after the black sea bass research track stock assessment was delayed
in 2023. This advisor also noted that recent cut backs in various federal
agencies could pose challenges for the stock assessments in the future.”
However, that comment was buried deep in the resulting report on the Advisory Panel
meeting, and did not seem to catch the attention of either the Commission or
MAFMC members, who approved the continued use of a modified Control Rule
approach despite the NEFSC’s reduced capacity.
Management track assessments for summer flounder, scup, and
black sea bass are
scheduled for the summer of 2025. The MAFMC and Commission will have
until December 2025, when recreational management measures for 2026 and 2027
will be set, to determine their next steps, should the NEFSC prove unable to
produce those assessments on time. Merely taking no action, as they did when
the 2023 black sea bass assessment was delayed, is not an acceptable default
response.
Even fisheries that aren’t managed by NMFS could suffer the
consequences of the NEFSC’s reduced capacity. The Commission relies on the
NEFSC to perform assessments of the currently overfished striped bass stock.
Striped bass are in the midst of a rebuilding program intended to fully restore
spawning stock biomass by 2029, while also
experiencing historically
low spawning success. A benchmark stock assessment, scheduled
for 2027, is badly needed to guide future management actions, but the
NEFSC’s current travails place that assessment’s timely completion in doubt.
And the NEFSC’s assessment responsibilities go far beyond
the species already mentioned. In
2025, besides the summer flounder, scup, and black sea bass assessments
already mentioned, the NEFSC had committed to assessing 21 other fish
stocks. In
2026, it was scheduled to assess 17 New England groundfish stocks, plus
three other commercially important species, Atlantic herring, butterfish, and
longfin inshore squid. In
2027, 21 assessments, besides striped bass, had been planned. All of those
assessments are now at risk of cancellation or delay because of the cuts to the
NEFSC’s science staff.
And the NESFC isn’t alone. NMFS operates six
regional science centers, addressing fisheries on every coast of the United
States. All are facing deep staffing cuts, which will severely impair NMFS’
ability to conserve and manage the marine resources of the United States.
On April 15, 2025, President Donald Trump issued an
executive order titled “Restoring America’s Seafood Competitiveness.”
It stated that “The United States controls one of the largest and most abundant
ocean resources of the world,” and noted that “Most American fish stocks are
healthy.” The abundance that he refers to, and the concurrent health of the
nation’s fish stocks, can be directly attributed to the work done, and the
successes achieved, by the scientists working for the NEFSC and the other NMFS
science centers.
Without adequate scientific staff to support and inform the
fisheries management process, the nation’s fish stocks are unlikely to remain
abundant and healthy for very long.
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This essay first appeared in "From the Waterfront," the blog of the Marine Fish Conservation Network, which can be found at http://conservefish.org/blog/
The striped bass stock assessment is done by the Commission’s Striped Bass stock assessment group in which NEFSC participates. However the assessment is reviewed through the NEFSC review process.
ReplyDeleteThanks for providing that distinction. The good news is that yesterday, the Northeast Regional Coordinating Committee released the revised schedule of assessments, and confirmed that the review of the 2027 benchmark should be performed on time.
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