A few weeks ago, I found myself in a familiar place doing a
very familiar thing—wandering around Capitol Hill, visiting Senate and House
offices during the appropriations season, trying to maintain, or hopefully
increase, funding for fisheries management.
This year, it seemed a particularly urgent mission, given
that the
2025 staffing reductions at the National
Marine Fisheries Service, and particularly to its regional science centers,
crippled the agency’s ability to conduct the surveys and perform the stock
assessments needed to maintain the health of the nation’s fish stocks.
While the
Magnuson-Stevens Fishery Conservation and Management Act is arguably the
most comprehensive and most successful fishery management law in the world, it
has one big vulnerability: The
management system that it created is very science-dependent. In fact, one of the findings listed near the
very beginning of the statute acknowledges that
“The collection of reliable data is essential to the
effective conservation, management, and scientific understanding of the fishery
resources of the United States.”
Magnuson-Stevens requires that
“Conservation and management measures shall be based upon the
best scientific information available.”
To that end, the law requires that
“Each [regional fishery management] Council shall establish,
maintain, and appoint the members of a scientific and statistical committee to
assist in the development, collection, evaluation, and peer review of such
statistical, biological, economic, social, and other scientific information as
is relevant to such Council’s development and amendment of any fishery
management plan,”
and further provides that regional fishery management
councils shall develop annual catch limits for the fisheries that they manage,
but such catch limits
“may not exceed the fishing level recommendation of its
scientific and statistical committee [or that resulting from a peer review
process described elsewhere in the law].”
That all sounds nice in theory, but the truth of the matter
is that scientific information can’t be snatched out of thin air. It takes money to conduct the surveys and
other research needed to develop the fisheries-related data, and it takes more
money to hire and retain the qualified scientists needed to design the surveys,
analyze the resulting data, perform stock assessments, and determine what must
be done in order to restore stocks to health and maintain healthy stocks at
sustainable levels.
That money has never been easy to obtain, but for many
years, Congress has largely recognized that maintaining the long-term health of
the United States’ fish stocks was in the best interests of the nation, and addressed
fisheries management as a bipartisan issue.
While funding was often less than ideal, it was generally sufficient to enable
NMFS to manage fish stocks.
But the current Administration, consistent with its general
antipathy toward the sciences and toward agencies that advance scientific
knowledge, crippled NMFS’ management capabilities last year, when it cut agency
personnel, including biologists at NMFS’ regional science centers.
“Ms. Kelly Denit, NOAA Fisheries Director of the Office of Sustainable
Fisheries…discussed the need to better align NOAA and Council priorities,
challenges of managing over 500 stocks, and the need to prioritize fisheries
management given limited resources. Ms.
Denit’s presentation touched on the National Standards Guidelines and suggested
the need to evaluate narrowing the scope of management in light of current
resourcing and administration priorities.
“A risk-value matrix was presented to the [Council
Coordinating Committee] as a way to help evaluate which stocks require the most
intensive management. Underpinning this
exercise is the reality that NOAA Fisheries cannot continue managing all
current stocks and stock complexes that are currently in [fishery management plans]
with existing and anticipated resources.
Ms. Denit spoke about the need to strategically choose where to take
increased management risks. The proposed
matrix would categorize stocks based on ‘value’ (commercial/recreational/social
importance) and ‘risk’ (ratio of catch to [annual catch limit], stock status,
ecosystem role, climate vulnerability).
She suggested stocks in the high-risk, high-value quadrants might be strong
candidates to receive the most detailed management, while low-risk, low-value
stocks might be moved to ecosystem components or removed from management plans
entirely. Ms. Denit emphasized this
report requires Council input and collaboration and stressed the need to
explore more flexibility in management given current constraints…”
I have to admit that my first reaction upon reading those
words was to recall a
passage penned by pioneer ecologist Aldo Leopold, who wrote
“The last word in ignorance is the man who says of an animal
or plant, ‘What good is it?’ If the land
mechanism as a whole is good, then every part is good, whether we understand it
or not. If the biota, in the course of
aeons, has built something we like but do not understand, then who but a fool
would discard seemingly useless parts?
To keep every cog and wheel is the first precaution of intelligent
tinkering.”
For the very act of designating a fish stock as “high value”
or “low value,” based solely on whether is supports a significant commercial or
recreational fishery, or has some other societal value, seems completely
contrary to Leopold’s principle, and to common sense.
But now, nearly a year after that Council Coordinating
Committee meeting was held, those designations are beginning to grow real
teeth, and are threatening to bite chunks out of the federal fisheries
management system, marine ecosystems, and probably state budgets as well.
Recently,
the Pacific Fisheries Management Council voted to cease actively managing 47 groundfish
stocks, in response to a roughly 40% reduction in NMFS scientific and regulatory
staff in the Pacific region. Many of those were species of Pacific rockfish,
members of Scorpaenidae, the scorpionfish family, popular food fish that
tend to have longer lives than many other species, and are thus particularly
vulnerable to overfishing.
Instead of actively managing such stocks, the Pacific
Council downgraded some of them from “stocks that require conservation and
management” to “ecosystem component species.”
Such ecosystem component species are not actively managed to prevent
them from becoming overfished or experiencing overfishing; there are no annual
catch limits or and no attempts to maintain optimum yield, although NMFS’
Guidelines for compliance with Magnuson-Stevens provide that
“Councils may choose to identify stocks within their [fishery
management plans] as ecosystem component (EC) species…if a Council determines
that the stocks do not require conservation and management…EC species may be
identified at the species or stock level, and may be grouped into complexes…management
measures can be adopted in order to, for example, collect data on the EC
species, minimize bycatch or bycatch mortality of an EC species, protect the associated
role of EC species in the ecosystem, and/or to address other ecosystem issues.”
The problem here, of course, is that the Pacific Council has
already acknowledged that the 47 stocks in question were “stocks
in need of conservation and management.”
It designated them as ecosystem component species not because the “Council
determine[d] that the stocks do not require conservation and management,” but
because funds allocated to conservation and management were cut to the point
that some stocks that, in fact, were in need of conservation and management had
to be sacrificed to the “ecosystem component” designation, and these particular
47 stocks were deemed “low-value” enough to draw the short straw.
Yet, despite drawing the short straw and losing most
management protections, the stocks designated as “ecosystem component species”
were the fortunate ones, as the great majority of the 47 stocks will be
completely removed from the management plan, and have no protections at all.
And the list of species under the Pacific Council’s
jurisdiction that are no longer “in need of conservation and management” may
grow larger. National
Public Radio reported that Merrick Burden, the Pacific Council’s executive
director, observed that
“We have coastal pelagics, which are the sardines and
anchovies and mackerels—the small, silvery things that everybody eats. We have the tunas and billfish, and we have
salmon…I expect us, to some degree, to consider this type of action for each of
those.”
The same National Public Radio article that quoted Merrick
Burden also noted that NMFS’ decision to shed the burden of managing ecosystem
component stock is going to shift at least some of that burden onto the
shoulders of coastal states.
“As a result of the federal charges, the [Washington] state
department [of Fish and Wildlife] may need to ask the Washington Legislature
for more staff to help cover new duties…But the state’s conservation mission
won’t change, and the process they use to set sustainable harvest levels with
stakeholder input will continue.
“In Oregon, where there is s more active commercial and
recreational fishery for some groundfish, state officials opted to take over
management for at least six of the species federal regulators will drop
starting in 2030. Oregon wildlife
officials want the stocks to remain in federal management. But barring that, taking on oversight will
give them more control—and enough time to develop a state management plan.”
The Pacific Fishery Management Council is only the first to
address the problem of removing species from federal fishery management plan. It is an issue that is likely to impact all
of the regional fishery management councils.
Thus, on February 2, 2026, the Council Coordinating Committee sent a
letter to NMFS chief Eugenio Pineiro Soler which, after a brief introductory
paragraph, said,
“The [Council Coordinating Committee] has considered this
issue carefully over the course of the course of several recent discussions,
including presentations from NMFS Headquarters and subsequent deliberations
among Council Executive Directors. While
the CCC supports constructive dialogue regarding capacity constraints and
opportunities to improve the effectiveness and efficiency of fishery management
and science, we have significant concerns regarding both the process used to
develop the Risk/Value Matrix and the implications of the framework as
currently framed.
“First, the Councils have not been adequately consulted or
involved in the development of the Risk/Value Matrix or its underlying methodology. Councils were asked to react to, and
potentially apply, a framework that appears to have been substantially
developed in advance, including embedded assumptions regarding objectives,
priorities, and acceptable tradeoffs. Engagement
at this stage risks being perceived as endorsement of a predetermined
methodology rather than meaningful collaboration. This approach does not align with the
Councils’ statutory role under the Magnuson-Stevens Fishery Conservation and
Management Act.
“Second, the CCC is concerned that the Risk/Value Matrix
appears likely to function as a de facto prioritization tool for stock
assessments, monitoring, and associated scientific resources, with potential
implications for the allocation of funding between NMFS Regions and Science Centers…The
CCC is concerned that adoption of the Risk/Value Matrix could diminish or
displace meaningful Council and constituent input into decisions fundamental to
fisheries science and management.
“Third, the implications of the framework remain unclear, but
several Councils have identified substantive concerns when attempting to apply
the Risk/Value criteria to their fisheries…raising fundamental questions about
what management actions would follow and what management problems the framework
is intended to address. These outcomes
suggest that the Risk/Value Matrix incorporates policy choices and management
objectives that have not been discussed with, or agreed to, by the Councils.
“Fourth, the CCC notes that similar national-level stock or
assessment prioritization concepts have been proposed previously and were not
supported by the Councils…The current Risk/Value Matrix appears, in important
respects, to revisit those concepts without addressing the concerns previously
raised by the Councils.
“Finally, the CCC is concerned about the compressed timeline
proposed for Council engagement, the lack of clarity concerning current and
future resource levels, and uncertainty regarding how Council input would
ultimately be used. Councils are already
pursuing scope-reduction, prioritization, and efficiency efforts through Magnuson-Stevens-compliant
public processes. Participating in a
parallel national exercise under the current conditions creates a risk that Council
input could be used to justify predetermined outcomes or become binding
regardless of future budget realities…”
The letter makes it clear that the Risk/Value Matrix being
forced on the regional fisheries management councils is, at best, problematic
and, at worst, illegal, although the latter point is probably of little concern
to the higher-ups in the Administration.
It also should provide incentive for concerned lawmakers—and
my last trip to Capitol Hill made it clear that there are concerned lawmakers
out there—to redouble efforts to adequately fund NMFS, and its regional science
centers, so that initiatives like the Risk/Value Matrix, and its potentially
arbitrary criteria, can be gracefully retired, and no longer pose a threat to an
informed fishery management process.
No comments:
Post a Comment