Congressman Frank Pallone recently introduced a bill to give managers flexibilities in fisheries management. I wrote an article on it for this week's edition of The Coast Star (it will probably also appear in The Ocean Star, which comes out tomorrow). Posted below:
Pallone introduces ‘flexible’ fisheries management bill
By Daniel Nee
When Rep. Frank Pallone [D—6] stood before more than 300 recreational anglers last month at the Manasquan Elks Lodge, he told the crowd that he would introduce a bill in Congress to give federal officials more flexibility to regulate fisheries.
Last Wednesday, he delivered on his promise, proposing the Flexibility in Rebuilding American Fisheries Act of 2008, which would amend the federal Magnuson—Stevens Act which regulates fisheries management procedures.
Rep. Pallone’s bill is the product of a public outcry against summer flounder regulations in New Jersey and neighboring states. While summer flounder stocks are at record high levels —— the number of summer flounder living off New Jersey has doubled since 1993 according to figures from the National Marine Fisheries Service [NMFS] —— recreational anglers face a shutdown of the fishery in 2009 due to inflexible provisions built into the Magnuson—Stevens Act.
The Magnuson act dictates that the summer flounder biomass —— the total weight of the amount of the species living off the East Coast —— must reach 204 million pounds by 2013. The figure is based on a 1930 survey of Halibut off the coast of California, and places what many anglers, scientists and industry members feel is an arbitrary target which lacks scientific backing.
As it stands now, federal regulators at the NMFS —— the agency which regulates both commercial and recreational fishing limits —— are hamstrung by the law and cannot apply flexibility in managing the fishery. Regulators may be forced to close the summer flounder fishery in 2009 as the 2013 deadline continues to approach, a decision which could have significant economic impacts on the Jersey Shore region.
Rep. Pallone’s bill would provide for limited flexibility in the rebuilding mandates set in the Magnuson—Stevens Act if certain conditions are met, including extending the rigid 10—year stock rebuilding periods if a particular species of fish is “on a positive rebuilding trend.”
Other provisions in the Pallone bill allow for deviation from the 10—year plan if a specific biomass rebuilding target exceeds the highest abundance of the stock of fish in 25 years and there is evidence that the stock is on a positive rebuilding trend.
The legislation will also add additional criteria to the Magnuson law to take into account commercial, residential and industrial development when determining fishing regulations, as well as agricultural activity in coastal areas and its impact on the marine environment.
The bill also calls for the assessment of the relationship between predator and prey and other environmental and ecological changes to the marine conditions in the stock assessment.
“When deciding how best to rebuild fish stocks in complex environments, we must use sound biology and science, not arbitrary deadlines set by Congress,” Rep. Pallone said at a press conference on the Seaside Heights boardwalk last Tuesday, when he announced he would introduce the bill to the House Fisheries, Wildlife and Oceans subcommittee the following day. “The legislation I’m introducing in Congress is about rational rebuilding, and it is the best way to rebuild our fisheries without bankrupting tackle shops, party boats and commercial fishermen.”
Jim Donofrio, executive director of the New Gretna-based Recreational Fishing Alliance, commended the bill’s introduction.
“Congressman Pallone’s leadership is to be applauded for showing that it is possible to maintain conservation, continue to rebuild fish stocks and, at the same time, allow fishermen to access healthy fisheries,” Mr. Donofrio said.
The rally in Manasquan, where Rep. Pallone pledged to draft the bill, was sponsored by the Save The Summer Flounder Fishery Fund, a group made up of local business owners who have a stake in the summer flounder fishery.
Dave Arbeitman, owner of The Reel Seat bait and tackle shop in Brielle, is one of the group’s founders, and said “words can’t describe” how happy he is over the bill.
“It’s something that is definitely needed, and something that should’ve been included when the Magnuson—Stevens Act was reauthorized in 2006,” said Mr. Arbeitman. “The bottom line is that it allows NMFS to be a little flexible in regards to the rebuilding plan.
“There’s never been a [summer flounder] biomass the size there is now” since scientists began keeping records in the 1960s, Mr. Arbeitman continued. “But, because of the strict language of the Magnuson act, NMFS has no choice but to take drastic measures , and those drastic measures have drastic effects on the human side of things.”
Mr. Arbeitman said there was “a lot of thought” behind Rep. Pallone’s bill.
“He’s not looking to just arbitrarily open up a fishery because there are fishermen screaming about it,” said Mr. Arbeitman. “There is science behind it and a lot of factors that go into it. That’s what makes it such a good bill.”
Rep. Pallone’s bill has a long way to go before President George W. Bush will have an opportunity to sign it into law. The bill must make it through the subcommittee, the full House of Representatives and the U.S. Senate.
For anglers in New Jersey, the bill could potentially affect the 2009 summer flounder season, rather than the upcoming 2008 season. Due to the regulations addressed in the Pallone bill, recreational anglers will see a 40 percent cut in the summer flounder fishery this season.
The Atlantic States Marine Fisheries Commission will vote March 6 to approve one of four summer flounder season proposals for this year, including a season running from June 28 through Sept. 8 with a two-fish limit at 17.5 inches per fish, a season running from July 4 through Sept. 2 with an eight-fish limit at 17.5 inches per fish, a season running from May 24 through Sept. 8 with an eight-fish limit at 18 inches per fish or a season running from May 17 through Oct. 17 with an eight-fish limit at 18.5 inches per fish.
“In the mid-Atlantic states, fluke is clearly the most important recreational fishery,” said Mr. Arbeitman. “This is a great thing that the congressman is doing.”
