FISHERIES MANAGEMENT & LEGISLATIVE REPORT

by Tom Fote

(from Jersey Coast Anglers Association October 2001 Newsletter)

• The Farr Bill and MFCN
• Striped Bass Update
• Subway Car Issue
• Marine Protected Areas
• ASMFC 60th Annual Meeting
• Menhaden Bill Update

   

  The Farr Bill and MFCN

  Jersey Coast Anglers Association has been a member of the Marine Fish Conservation Network since the mid-nineties.  This year I was asked to serve as a member of the Board of Directors.  The Marine Fish Conservation Network is working for the passage of the Farr Bill.  As you all know, before JCAA takes a position on a piece of legislation, it is discussed and voted on by the member clubs.  Some JCAA members have expressed concerns about the bill.  I have asked Lee Crockett, the executive director of the Marine Fish Conservation Network, to attend our September 25^th meeting.  He will be available to discuss the bill and respond to questions and concerns.  There are many important things on the September agenda so every club should make an effort to be represented. 

  Lee assumed the position of Executive Director of the Marine Fish Conservation Network in November 1998.   Prior to being named Executive Director, Lee was a fishery biologist in the National Marine Fisheries Service (NMFS) Office of Habitat Conservation.  In that capacity, he served as Chair of the NMFS Essential Fish Habitat (EFH) Team.   Lee was responsible for development of the EFH interim final rule and also oversaw development of the EFH fishery management plan amendments by the regional fishery management councils.

  The following information was provided by the Marine Fish Conservation Network and is designed to give you the information you need to participate in the discussion at the September meeting.

  The Marine Fish Conservation Network is a broad-based coalition of over 110 environmental organizations, commercial and recreational fishing associations, aquariums, and marine science groups dedicated to promoting the long-term sustainability of marine fisheries.   In 1996, the Network played a major role in passing the Sustainable Fisheries Act (SFA), which amended the Magnuson-Stevens Fishery Conservation and Management Act, the law governing U.S. fisheries policy.   The SFA enacted strict mandates to stop overfishing, rebuild all overfished stocks, minimize bycatch, and protect essential fish habitat. 

  Following passage of the SFA, the Network and its member organizations tracked implementation of the Act.  In 1999, the Network released two reports, one evaluating regional fishery management council implementation of the SFA entitled Missing the Boat, and the other on National Marine Fisheries Service implementation entitled Lost at Sea.  The Network found that overfishing is still being allowed to continue, rebuilding plans are too long and too risky, bycatch has not been minimized, and although essential fish habitat has been identified, too little is being done to protect it.  These management failures are leading the Network to once again call for reform.

  Fisheries Recovery Act of 2001, H.R. 2570

  The Network’s primary objective is to ensure that conservation is the number one priority of fishery management.  To accomplish this, the Network developed a National Agenda recommending changes to the Magnuson-Stevens Fishery Conservation and Management Act.  Many of these changes are embodied in the Fisheries Recovery Act of 2001, H.R. 2570, and are listed below.

  1. Stop overfishing–Overfishing of all stocks will be prohibited. To guard against natural disasters, scientific uncertainty, and the population crashes of environmentally and commercially important stocks that often result, management measures will be required to include a margin of safety.
  2. Avoid the killing of ocean wildlife–The new law will place a high priority on avoiding the killing of non-target fish and other ocean wildlife, including turtles and birds, known by the misleading term “bycatch.” Managers will be required to take steps to reduce this practice annually.
  3. Protect fish habitat–Sensitive areas of the sea floor will be protected from damaging fishing practices such as bottom trawling and dredging.
  4. Fund the introduction of less damaging fishing practices–The Secretary of Commerce will work cooperatively with the fishing industry and others to establish a program to fund the development and introduction of less damaging fishing gear.
  5. Protect ocean food webs–Managers will be required to ensure that fish management measures consider the needs of the ocean food web as a whole. This will finally put an end to the practice of managing our oceans as a series of unconnected parts.
  6. Provide funding to improve research and reporting–Fisheries observers will be required in each fishery, where needed, to provide information on all ocean life caught during fishing operations.

  You can receive more information and a copy of this legislation by contacting Heidi Taylor or going to the website listed below.

  Heidi Taylor
  Outreach Coordinator
  Marine Fish Conservation Network
  660 Pennsylvania Ave. SE, Suite 302B
  Washington D.C. 20003
  Tel: 202-543-5509
  Fax:  202-543-5774
  http://www.conservefish.org
  

  STRIPED BASS UPDATE

   Amendment 6 to the Striped Bass plan is moving.  The final draft of the amendment will not be completed by the October 15 Striped Bass Board meeting.  Therefore, there will be a follow-up Striped Bass Board meeting in November or December so a vote can be taken in order to release the draft amendment for public hearings.  There is an Advisor meeting the same day as the board meeting and there will be a follow-up meeting sometime this fall.  We will be able to discuss what happens at the board meeting at the September 25^th JCAA meeting.  For those of you who missed the Striped Bass update in the midsummer newspaper, go to our web page and look it up.  It makes for some interesting reading.  We are still waiting for others to step forward and work with us on striped bass game fish legislation at the state and federal levels.  

  Subway Car Issue

  Delaware has begun placing the subway cars for the artificial reef and there were many positive news articles pointing out both the positive impact on recreational fishing and the overall economy.  The only negative press I saw was a letter in the New York Times from Clean Ocean Action.   This letter misrepresented the work of the Governor’s Task Force in New Jersey, stating that the task force could not agree if the subway cars would harm the environment.  What the letter failed to say was that the task force was also unable to find any evidence that the subway cars in fact posed any harm to the ocean or the entire marine environment.  All the available science and all the interested agencies agreed there was no human health problem or marine health problem from the use of the subway cars in the ocean.  There are only two organizations opposing the use of the subway cars, Clean Ocean Action and the American Littoral Society.  In conversations with many member organizations of Clean Ocean Action, I have yet to find one who was consulted about this position and, in fact, many of the people I have spoken with support the use of the subway cars.  If you are a member of Clean Ocean Action you should call for a meeting of the membership to discuss this position.  Make sure your name or your organization’s name is not being used without your consent.  Whenever you see one of the candidates for governor you should ask how he feels about the use of subway cars.  There are many states now expressing interest and New Jersey may well be at the end of the line to get any of the future cars. 

   

  MARINE PROTECTED AREAS

  I attended a three-day conference in Woods Hole on marine protected areas.  Despite the recent publicity and support for Marine Protected Areas (MPA) the federal government does not even have a clear definition for an MPA.  Depending on your position on this issue, the definition seems to change dramatically. 

  1.                   Some people believe a marine protected area means a “no take” zone where no fishing would be allowed. 

  2.                   Others believe a marine protected area would ban only commercial fishing. 

  3.                   Still others believe an MPA would rely on gear restrictions.

  4.                   Yet other groups feel an MPA would ban all oil drilling, sand mining and dredge-spoil dumping.

  5.                   Some groups would ban fishing but would allow diving and scientific research in an MPA.

  6.                   And more to come!

  What is really needed before the fishing community can become really engaged in the debate is a clear definition.  We need to know what is meant by a marine protected area, what would be allowed and disallowed.   Writing a bill or executive order that allows for flexibility sounds like a good idea until you realize that every new bureaucrat, new president, or new congress can change the definition depending on who has the clout at the moment. 

  Those who think Marine Protected Areas are a magic management tool are mistaken.  By closing some areas we increase the stress on the remaining areas.  That is why we are supporting the Right to Fish Bill.  This bill would require that recreational fishing could not be banned from an area arbitrarily.  The bill would require that actual proof be provided that recreational fishing is the cause of the problem.  JCAA is not opposed to closing areas when there is clear justification that there is a problem and that the specific action is aimed at solving the problem.  If there is a gear problem, then that gear should be banned.  If a bottom fish needs protection then bottom fishing can be banned while still allowing other types of fishing.  The solution needs to address the problem. 

  It occurred to me that many scientific groups, government agencies and environmentalists were quick to limit access to huge areas of the ocean for fishing without concern for the economic and quality of life issues that confront the recreational and commercial communities.  I never heard them suggest any cutbacks that would impact on their interest, livelihoods or quality of life.   Some of them just want the ocean for themselves and they don’t care who it hurts.  And many of the agencies have already seen a budget increase just to study this proposal, not to mention the money they anticipate spending to study the results.  The colleges, universities and independent scientists see this as a wonderful windfall.  They will bring in a tremendous amount of grant money from various foundations and government agencies.   And you can just imagine the fundraising that will fill the environmental coffers.  And it is evident that the fishing industry, both recreational and commercial, will pay the price.  It is never quite as simple or quite as noble as it sounds.

  MENHADEN BILL UPDATE

  The Assembly passed the Menhaden Bill (S2252/A3512).  The entire legislature went on recess for the summer and the fall. We have received a commitment that if the Senate Environmental Committee meets they will hear the bill.   We will keep you posted.  In the meantime, if you have not written a letter to your senator in support of the bill and asked for his commitment, do so.  Write your senators and ask for their firm, written commitment to vote yes on this legislation and to work for a vote before the election.   You should ask them to cosponsor the bill. If the senate is called into session for any reason prior to the election, you want this legislation to be voted on.  Tell them you will be thinking about this issue when you vote in November.

  The bill is assigned to the Senate Environment Committee.  We are asking that the Committee Chairman, Senator Henry McNamara, post the bill as soon as possible.  This is the same committee that voted this bill out the last time.  You should thank the members for their previous support and ask for their support for this bill again.  The Senate cannot vote until it moves out of committee.  Check our website for names and a sample letter.

  Atlantic States Marine Fisheries Commission
  60th Annual Meeting
  October 14 - 18, 2001
  Samoset Resort 220 Warrenton Street
  Rockport, Maine, (800) 341-1650

  Preliminary Schedule*Dates and times are subject to change up to the times meetings are held

  Sunday, October 14, 2001
  2:00 PM - 5:30 PM REGISTRATION
  4:00 PM - 6:00 PM New Commissioners' Orientation
  6:00 PM - 8:00 PM Reception to Welcome New Commissioners

  Monday, October 15, 2001
  7:30 AM - 4:00 PM REGISTRATION
  8:00 AM - 10:00 AM Tautog Management Board
  8:00 AM - 1:30 PM Striped Bass Advisory Panel
  10:00 AM - 11:00 AM Welcome Tea for Spouse/Guest
  10:00 AM - Noon Spiny Dogfish & Coastal Shark Management Board
  10:00 AM - 2:00 PM Habitat Committee
  1:00 PM - 5:00 PM Management & Science Committee
  2:00 PM - 5:00 PM Atlantic Striped Bass Management Board
  6:00 PM - 8:00 PM Welcoming Reception -- Farnsworth Museum

  Tuesday, October 16, 2001
  7:30 AM - 4:00 PM REGISTRATION
  8:00 AM - 10:00 AM Weakfish Management Board
  8:30 AM - 5:00 PM Law Enforcement Committee
  10:00 AM - 11:00 AM Commissioner Technical Workshop: Multispecies Assessment Model Presentation
  11:00 AM - Noon Commissioner Technical Workshop: Localized Management Options
  1:00 PM - 5:00 PM American Lobster Management Board
  1:00 PM - 5:00 PM Management & Science Committee (continued)
  6:00 PM - 8:00 PM Lobster Bake -- Owl's Head Transportation Museum

  Wednesday, October 17, 2001
  8:00 AM - 11:00 AM REGISTRATION
  8:00 AM - 10:00 AM Atlantic Coastal Cooperative Statistics Program Coordinating Council
  8:00 AM - 10:00 AM Advisory Committee
  10:00 AM - Noon Commissioner Technical Workshop: Conservation Equivalency
  12:15 PM - 1:30 PM Captain David H. Hart Award Luncheon
  2:00 PM - 4:00 PM American Eel Management Board
  4:00 PM - 6:00 PM Town Meeting: The States Working Together -- Challenges & Opportunities

  Thursday, October 18, 2001
  7:30 AM - 9:30 AM Commissioner Workshop: Action Planning for 2002
  9:30 AM - Noon ISFMP Policy Board
  1:00 PM - 2:00 PM Executive Committee
  2:00 PM - 2:30 PM Businesses Meeting
  2:30 PM - 4:30 PM Atlantic Herring Section
  4:30 PM - 6:00 PM Northern Shrimp Section

If you have question contact ASMFC:

Telephone 202.289.6400
FAX 202.289.6051
1444 Eye Street, NW 6th Floor Washington, DC 20005
Email: Comments@asmfc.org

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