New Jersey Legislative JCAA Newsletter Archives Jersey Coast Angler's Association Home Page JCAA Host Issues JCAA Fluke Tournament

FISHERIES MANAGEMENT & LEGISLATIVE REPORT

by Tom Fote

(from Jersey Coast Anglers Association October 2000 Newsletter)

 

INDIGESTION

I am adding a new heading so I have a place to put the things that give me indigestion, the things that make me wonder if some people or organizations have a clue.  This month’s winner is an article from a newsletter of New York recreational organization. 

The New York recreational organization is blaming New Jersey for holding up passage of Louisiana Senator John Breaux’s longline bill.  We were accused of sabotaging this legislation in order to achieve more conservation and more restrictions in supporting Congressman Saxton’s Bill, H.R. 4773.   It strikes me as odd that the only support for the Breaux legislation in New Jersey comes from the commercial interests.  I know these commercial lobbyists well and respect their diligence and instinct for self-preservation on this matter.  If they are in support of this legislation, I know they would get a great deal for longliners.  Perhaps recreational groups from other states ought to look at this bill again with a more critical eye.   If this letter appeared in a recreational publication from Florida or the Gulf of Mexico, I would have understood their point of view.  They would have achieved some conservation from the Breaux legislation.  But to see this letter in a New York Recreational Publication strikes me as ignorant of the facts.  The Breaux legislation does nothing to solve the problems with the longlining in the Mid-Atlantic region.   It would only exacerbate existing problems in the New York/New Jersey area.  It is good that JCAA cares about what happened in the NY Bight and demands that legislation addresses important concerns about that area and doesn’t just take pot shots at other organizations.   I hope these organizations will support the Saxton Bill and Conservation.

MORE ON FLUKE LAWSUIT

 Below is a note I received from Daniel J. Whittle, Attorney for Environmental Defense, about last month’s article on what happened at the Summer Flounder Joint Meeting of the ASMFC and the MAMFC.  This is the paragraph that Dan took exception to in last month’s JCAA Newspaper:

The reason we have a smaller quota on summer flounder is because of the lawsuit filed by some of the national environmental groups.  What is truly upsetting is that there are many fisheries that could benefit from their involvement and their willingness to fund a lawsuit.  Unfortunately, they chose to involve themselves with summer flounder and only showed how little they know about the fishery and about fishing in general.  These groups obviously know nothing about subsistence fishing or they don’t care.  These changes will have the greatest impact on the poor.  The judge’s opinion was that the NMFS needed to use the statistical preference that had a higher probability of producing the quota required.  We need to look at the previous statistics and compare them in different ways.   We need to look at the decisions made based on those statistics and at the outcomes generated by those decisions.  Using the lower percent probability consistently produced outcomes that were in line with projected needs.  If you make decisions based on technicalities and points of law rather than on actual, practical outcomes, you often come up with these outrageous and inappropriate plans.   The judge, the lawyers for the environmental groups and the plaintiffs had absolutely no practical hands-on experience with fishing or with the management programs.  They made decisions in the abstract that had no connection with actual practice.  The environmental organizations involved in this lawsuit are the Environmental Defense Fund (now called Environmental Defense), the National Resources Defense Council, National Audubon and Center for Marine Conservation.  Next year, when you can’t catch summer flounder because we have had to raise the size limit or decrease the bag limit or shorten the season or some combination, just remember who is responsible.  The good news on summer flounder is that the stocks are rebuilding.  The biomass continues to increase.  Without the lawsuit we would be dividing a quota greater than the 2000 quota of 18.52 million pounds.  This would have provided the first increase in three years.  In reality the commercial and recreational anglers will be dividing a quota of 17.91 million pounds.  The projection for 2002 is that the quota will rise to 22 million pounds.  This is similar to the knee-jerk that the Atlantic States Marine Fisheries Commission took on Striped Bass for 2000.  More on Striped Bass in next month’s JCAA Newspaper.

 Dan’s letter.

 Tom—I just received your latest newsletter and, as always, flipped immediately to your legislative report.  I’m certainly not surprised that we continue to agree to disagree on summer flounder and on the wisdom of our lawsuit.  I have to admit though that your column does little to rebut the merits of our litigation or to present any real case that quotas imposed by NMFS over the last several years will actually rebuild summer flounder.  That stocks have rebounded somewhat over the last couple of years is not a sufficient justification to ignore biomass targets in the plan and rebuilding schedules mandated by law.  (Your personal opinion about our lack of knowledge does little to demonstrate that our lawsuit was not well-founded.)

 Again, reasonable minds can disagree on this issue and I’d be glad to talk with you at your convenience about our current thinking on this.

 Daniel J. Whittle
Attorney
Environmental Defense
2500 Blue Ridge Road, Suite 330
Raleigh, NC  27607-6454
919/881-2601 (phone)

I asked Dusty Rhodes and Gary Caputi to put together a response to his letter commenting on my original article.  Gary and Dusty’s response is below.  Sometimes it is hard for people after they think they win to admit they were wrong.

Gary and Dusty response.

While the Summer Flounder management plan (FMP) has both good and bad features, it's astounding that in your e-mail you say it has done nothing to rebuild summer flounder stocks.   Every assessment in the past five years has shown a steady growth of SSB and overall biomass. The past three years, the growth in biomass has been near vertical on the graph! The expansion of year classes, especially age 2 and 3 fish, has been remarkable.

The latest assessment, based on data from 1982-1998, indicates the maximum sustainable yield (Bmsy) figure is 106,444 mt, or 235 million pounds. The level at which overfishing is no longer occurring is 53,222 mt, or 118 million pounds, or one-half Bmsy. Stock rebuilding to a level that is consistent with us no longer overfishing the stock will occur late in 2000 or early in 2001 despite the quotas set by Council/Commission recommendations in 1999 and 2000. Even more interesting is the year 2000 biomass was assessed at 85% of the peak biomass that occurred in 1976-1977, the highest years of abundance in recent history, which adds even more credence to the success of the plan in improving stock abundance.

According to the spring survey, there is evidence of increasing abundance of age 3+ and even older fish because of evidence of increased survival of the 1994 and subsequent year classes. In other words, fishing mortality has dropped significantly. The autumn survey showed the 1998-1999 indices are the highest in the 1982-1999 series.  There is more evidence that the summer flounder stocks are rebuilding. Finally, the winter survey, launched in February 1999, also confirmed an increased abundance of age 3+ and older fish due to the survival of the1995 year class and increased survival of subsequent year classes. The year 2000 data is the highest in the 1992-2000 series. We’re getting the job done, maybe not as quickly as you’d like to see, but we’re looking at a success story while you’re looking for anything to challenge in court with all the money the Pew Foundation provided for that purpose.

 I readily acknowledge that the mortality target is still Fmax, considered to be F.26, which is a 21% exploitation rate, and that the 1999 mortality rate was calculated at F.32. So by the FMP overfishing definition, overfishing was still occurring in 1999. On the other hand, the SAW report stated that if the year 2000 landings were 8,400 mt (18.5 million pounds), fishing would occur at an F of .28 and the resulting median total stock biomass by January 1, 2001 would be 55,600 mt, which is above the one-half Bmsy level. Thus, over fishing of the stock will have ceased despite the quota levels of 1999 and 2000. Moreover, even if we would have fished in 1999 at 14 million pounds, the point at which over fishing would have ceased, based on assessment analysis, would most likely have been January 2000 at best----just one year sooner than what would have occurred if we had chosen the higher quota which would have been consistent with a 50% probability of preventing overfishing. That's the entire basis for your lawsuit.

 Dan, as an outsider with your own agenda, you have the benefit of considering nothing but the biological “facts” (I use the word facts very generously) from assessments and assumptions made by biologists and stock modelers. As Council members, we are charged with considering more, including economic impacts, effects on fishing communities and all the other contradictory stuff contained in the Magnuson Act and its National Standards. Those considerations have made this plan and quota setting a very difficult, long, drawn-out process every one of the six years we’ve been on the Council. Yet given what has transpired regarding quotas, the SAW report indicates that in 2001 at the 50% probability level the quota could be 9.3 mt, or 20.5 million pounds. If that were not exceeded, the year 2002 quota would be 10.9 mt, or 24+ million pounds. Would the quota and the biomass by the end of 2002 be higher had we fished at a lower quota in 1999 and 2000? Of course, but enough higher to render the Council and Commission action questionable? The facts suggest otherwise.

 Fact is, from our perspective, and we’ve discussed this with Sarah and others, you guys finally won a lawsuit, but, unfortunately, you won the wrong suit!  You are now in a position to impose continued or even increased hardships on fishermen with the only benefit a possible slight acceleration in the rebuilding rate of a fishery that is already rebuilding at a very acceptable pace as the foregoing information taken from SAW 31 proves.

Furthermore, if you take the plan apart, bit-by-bit, you’ll realize that the quotas have been only a small part of the rebuilding of this fishery. Sometimes when you put all the scientific crap aside, you find it’s the common sense moves that provide the most benefit.

 What we, and others, believe made all the difference in the world have been the measures that changed the nature of the fishery. Only five or so years ago, when we began instituting effective mesh and minimum size controls, the fishery was being prosecuted on 90% prespawn flounder. The average commercial size being brought to the dock was in the 12 to 13 inch range. Recreational anglers were keeping smaller fish, so they were harvesting untold numbers of prespawn fish, too. With the ratcheting up to 5 ½” mesh throughout the trawls, the commercial harvest is now overwhelmingly post spawn fish. With the recreational size limits now between 15- ½ and 16 inches, depending upon the state, all the fish being harvested by recreational anglers are now post spawn.

 Flounder are so fecund that given the chance to spawn once or twice before harvest is basically all it took to see major jumps in recruitment and, in short order, corresponding jumps in SSB. Maintaining restrictive quotas as best we could controlling harvest has also been important, but it is secondary to the size fish being retained, especially at this stage of rebuilding. If we go over quota marginally, the rebuilding will not be hampered to any significant degree and the user groups will be allowed to at least maintain their fisheries and feel they are benefiting from the reductions they were forced to take during the earlier phases of this FMP.

 Now, Dan, you’ve got a dilemma. You’ve won the suit but stand to lose a lot of potential support from the very user group that should be natural allies to conservation groups like yours. You’ve won before a judge who did not have to take into consideration all the things we do and made his decision on narrow grounds. Now, you’re in the catbird seat. What are you going to do? Force a reduction in quota? Force a one-year payback that hurts people economically and, even more scary, emotionally? Piss them off like that and the environmental community becomes the “bad guys.” Any of these options are going to gain the conservation groups involved in this suit a great deal of animosity from both the recreational and commercial side of the equation at a time when you could be drawing the more conservation-minded members of both groups to your support. We’ve heard a lot of very hard comments about this suit and the groups that brought it from fishermen across the board and even managers involved in the process. The summer flounder FMP, whether you like it or not, has been a rousing success! They’re coming back at a very brisk pace and every assessment indicator points to this simple fact. At a time when there are so many management failures, you just picked the wrong species to sue over.

 Sorry to be so long-winded, but being involved in fisheries management in this day and age is a very frustrating thing, especially when we get sued over an FMP that is working just fine. Just watch what you do as far as settling this thing with NMFS, the Council and Commission. It could be the movement’s undoing rather than a victory. Being magnanimous in your victory and understanding that you can handle this without hurting people could be a great public relations coop.

You tried to make a point about quotas meeting certain levels of certainty.  The Councils were well within their right to choose a probability level of only 18% knowing the data they were using to estimate biomass levels was two years old and that we had a rebuilding stock on our hands. If everything has to be done with a 50% probability, there is no need for a Council process.  Just let the assessment scientists cook up their numbers, the monitoring committee make its recommendations, and then sign them into law.

 U.S. Advisory Committee to the U.S. Section of the International Commission for the Conservation of Atlantic Tunas (ICCAT)

 The U.S. ICCAT Advisory Committee will hold four regional meetings this fall to discuss international and domestic management of highly migratory species, such as tunas, swordfish, and billfish. The meetings will include a brief presentation on the ICCAT process, the status of the highly migratory species, and current ICCAT management recommendations. Time will be provided for public comment. The Committee will hold its annual fall meeting in October, and there will be an opportunity for public comment at that meeting as well. Your input at these meetings is essential to the development of U.S. positions for the 2000 ICCAT meeting, so please make every effort to attend.

Thursday, October 5, 7-9:30pm - Cape May, NJ
The Inn of Cape May, 7 Ocean Street

 

Fall Advisory Committee Meeting (public session):

Sunday, October 29, 1-6pm - Silver Spring, MD
Building 3, NOAA Silver Spring Metro Center Complex
1315 East-West Highway
Sandcastle Condominiums, 800 Sand Castle Drive

Thursday, Sept. 14, 7-9:30pm - Miami, FL

Sheraton Biscayne Bay Hotel, 495 Brickell Ave.

ELECTION INFORMATION

Here are some of the many websites that list Congressional voting records and other information on the upcoming 2000 Election.  JCAA is just listing these sites for your information.  We do not endorse their conclusions but want you to have access to information.  You are the only one who can evaluate the data and make an informed decision.  If you know of other sites please email their addresses to Tom Fote (tfote@jcaa.org ) so we can include them in the next JCAA Newspaper.

Public Interest Research Group's (PIRG) Congressional scorecards (and state scorecards) are on the web.

National at www.pirg.org and the

NJ State site is at www.njpirg.org

League of Conservation Voters  works to create a Congress more responsive to your environmental concerns. As the bipartisan political voice for over nine million members of environmental and conservation groups, http://www.lcv.org/

 

Friends and Enemies of Fish in Congress

All 535 Members of Congress have now been rated as "friends" or "enemies" of fish, of their supporting habitats, and of the long-term interests of U.S. fishermen.   The rating can be found at www.geocities.com/Eureka/Vault/8020/CongressRating.html  The evaluation is based on voting records, actions taken and legislative initiatives.  In all, a series of 30 fish-related issues were used to rate every member of Congress.  The purpose of this rating is to allow fishermen and conservationists to recognize which members of Congress are working to conserve fish and their ecosystems. Particularly inshore habitats such as rivers, wetlands, estuaries, bays and coastal waters on which 75% of marine fish depend for their survival - and which members are working hard to destroy fish, their environment and thus the future of fishing in the United States.

 The Sierra Club's Environmental Voter Education Campaign (EVEC) is a grassroots effort to hold policy-makers accountable for their environmental positions. Our goal is to educate the American public about the importance of environmental issues, the voting records of our elected officials and candidates, to create demand for environmentally responsible leaders, and urge the public to contact legislators to vote to support upcoming environmental measures. Our 2000 campaign will focus on the United States Congress and the Presidency.

http://www.sierraclub.org/voter_education/

 Environmental Working Group is one of the very few sites where some work has been done to link patterns of political giving to votes. The EWG homepage offers a link to "Campaign Contributions & the Environment" - which in turn offers analyses of the impact of campaign money on various environmental issues that have come before Congress in recent years. Or, you can click on "Where you Live" to find out how much special interests gave to your particular elected representative or senator.

http://www.ewg.org/

 Project Vote Smart.

Their voting records, campaign finances, position statements, backgrounds, and the evaluations done on them by over 100 competing special interest groups. Research that will defend the people's right to abundant, accurate, relevant information and enable them to check the credibility of the often misleading claims candidates make. The kind of information that is essential to prudent decision-making in the voting booth. Information that will ensure that tolerance is no longer the only option available to the millions of us who are tormented by the issueless personal attacks that have come to dominate our elections. Information that is made easily available to every American free of charge by simply picking up a phone and calling one of the hundreds of trained volunteers and student interns on our toll-free Voter's Research Hotline, or through our Vote Smart Web site and publications.

http://www.vote-smart.org/

Polling Report publishes the results of the latest surveys (by respected polling organizations like Gallup, Harris, Yankelovich, and Princeton Survey Research Associates) on health care, taxation, welfare, education, environmental policy, and the other major issues of the day.

http://www.pollingreport.com/

National Institute offers searchable databases of campaign finance information for state legislative and gubernatorial races - many as far back as 1990. Currently features 24 states; others being added all the time

http://followthemoney.org/

Common Cause is the place to come for answers! This site, run by one of the oldest organizations advocating campaign finance reform at the national level, is an excellent place to get up-to-date news of the status of reform efforts in Washington. If you don't know your representative's name, you can simply enter your zip code and learn who represents you and how they are representing you on the issue of campaign finance reform.. And information on how you can get involved in reform efforts at the national or state level.

http://www.commoncause.org/

Public Campaign is a nonprofit, nonpartisan organization promoting reform that aims to dramatically reduce the role of special interest money in the electoral process. If you believe public financing of campaigns in exchange for strict spending limits is the right path to reform, this is the site for you. Their web site offers timely information on the status of reform efforts in Washington and in the states. The site also offers contact information (both phone and web) for reform activities at the state level.

http://www.publicampaign.org/

The Center for Public Integrity is a nonprofit, non-partisan research organization that focuses on violations of the public trust. Employing the tools of both political science and investigative journalism, the Center functions, in the words of the National Journal, as "a watchdog in the corridors of power." Material available on this site includes background information on Exec. Director Charles Lewis's latest book - "The Buying of Congress" - an in-depth study of what the Center describes as "the acts of grand larceny [that] are being committed on Capitol Hill every day." There's also material from "The Buying of the President," a report on the 1996 candidates for president.

http://www.publicintegrity.org/