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Flexibility In Fisheries Management… What Happened to the Role of Fishermen?
BY NILS STOLPE, DIRECTOR OF COMMUNICATIONS, GARDEN STATE SEAFOOD ASSOCIATION AND FISHERIES RESOURCE CENTER

While it’s impossible to determine, it’s safe to say that the area that New Jersey’s commercial fishermen, discounting the far travelers like pelagic longliners, routinely harvest covers at least 10,000 square miles of ocean bottom. The migratory fish that most of them target will range over an area much larger than that. Every species that they target is directly and/or indirectly influenced by the wastes produced by 50 million people and hundreds of billions of dollars worth of commerce. Each is also influenced by natural cycles, climatic changes, interspecies competition, local weather and a host of other variables.

To suggest that there’s a lot going on over an awfully large area that impacts the health of a fish stock besides fishing would be a vast understatement. To suggest that we have anything beyond a rudimentary understanding of these natural or anthropogenic processes and of how they affect the fish in our inshore and offshore waters, would be even more of an understatement.

Yet we have a multi-million dollar fisheries management bureaucracy that is predicated on that assumption.

If we accept the fact that fisheries – or fishing – should be managed, there’s nothing inherently wrong with doing it with limited knowledge and incomplete understanding, because we’re never going to know everything we would like to know. The oceans are too big, the systems are too complex and the conditions are too variable.

When our federal fisheries management system was designed in Washington back in 1975/76, the Members of Congress and their staff who wrote the Magnuson Act realized this, and they designed accordingly. They did this by designing a significant level of flexibility into the Act. Most notably, this flexibility was expressed through the use of the input of informed recreational and commercial fishermen in the management process. Hence, each of the regional Fisheries Management Councils had as members, along with professional fisheries managers, private citizens from the recreational, party/charter and commercial fishing sectors.

These private members were to add the benefit of their years of on-the-water experience to the statistics provided by the federal and state fisheries scientists, and between the two it was thought that we would have about as good a grasp as possible, though nowhere near complete, of what was going on in our fisheries.

Unfortunately, in the intervening years the role of fishermen in the management process has been constantly eroded.

This erosion began when the fisheries managers began to dismiss fishermen’s observations as “anecdotal,” that is, non-scientific. Their dismissal was, of course, based on the idea that “scientific” observations were better and, unfortunately, was supported by the Magnuson Act’s requirement that fisheries management actions be based on the best available science (though nowhere did the Act require that the best available science be adequate to the job it was supposed to do). The situation was exacerbated by the development and use of computer models, which could turn a thousand dollars worth of scientific observations into a million dollars worth of unproven – and not provable – fisheries projections. If you had a desktop computer or two and some programmers, you surely didn’t need the insights of someone who had spent his or her life making a living by observing what the fish stocks were really doing.

            This was the start, but things really got going when so-called conservationists decided that saving the fish from the fishermen represented another avenue of exploitation for them. In the past ten years they have mounted a reasonably successful lobbying campaign to remove any vestiges of judgment from the federal fisheries management process.

            According to them, there should be no allowance for informed judgment in fisheries management and all decisions should be based on objective science and arbitrary timelines. Of course, the science we have is nowhere near adequate to support multi-million dollar management decisions and arbitrary timelines leave no room for natural variability. In their anti-fishing zeal they’ve covered those bases by insisting on the application of the Precautionary Principle, which requires that when information is lacking, management actions should err on the side of the fish.

As I’ve written here before, because of coastal development pressures, dramatic increases in operating expenses and the impact of the globalization of seafood markets, it’s the people that depend on fishing who need protection, not the fish stocks.

Today New Jersey’s recreational and commercial summer flounder fisheries and the many businesses they support are facing the impacts of looming massive cutbacks in allowable landings because of this inflexibility that the anti-fishing interests deem so necessary to the future of our fisheries. Despite a summer flounder biomass that’s been estimated to be higher than any ever measured, despite the fact that the population is increasing and has been increasing for most of the last decade, despite the fact that it is one of the most important commercially landed finfish and the most important recreationally caught fish in New Jersey, and despite the fact that the proposed regulations will inflict tens of millions of dollars worth of damage to the coastal economy, recent amendments to the Magnuson Act require drastic cuts in landings.

Why are these drastic cuts required? Because without them the summer flounder stock won’t reach an artificially high level of abundance within an arbitrarily decided time.

According to the statistics, after a decade of drastic cutbacks in fishing effort there are more summer flounder off our coast than there have ever been before, there are more out there this year than there were last year but less than there will be next year, and New jersey’s anglers, New Jersey’s commercial fishermen, New Jersey’s seafood lovers, and all of the businesses that support them are facing drastic reductions in landings and the concomitant loss of income because there won’t be enough to reach some mythical population level within three years.

We need the flexibility in fisheries management that the Members of Congress who wrote the Magnuson Act meant to be there. We need the managers to be able to exercise their informed judgment to say “enough is enough,” as they are saying now with summer flounder, but to have that translated into a management action. At this point the amended Magnuson Act won’t allow them to.

Considering all of the unknowns associated with fisheries management, our hands can’t be tied by inadequate science and arbitrary deadlines. As originally written, the Magnuson Act balanced the inadequacies of the science and protected against arbitrary decisions by making significant provisions for the utilization of informed judgment. Anti-fishing activists have successfully campaigned to remove virtually all of the informed judgment from the process. The future of our fisheries, and of the people who count on them for income, for sustenance or for recreation, depends on our elected officials putting that judgment back in. 

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