Making Waves Summer 2013

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NMFS TOTALLY RANDOM RECREATIONAL SURVEY METHODOLGY MSA REAUTHORIIZATION UPDATE — RFA Had It Right All Along! AMERICAN EELS: Will Sane Management Come Too Late? MEET JIM MARTIN—RFA West Coast RegionalDirector Volume 2, Issue 2 Volume 2, Issue Summer 20131


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Page 32 Volume 2, Issue Summer 2013

FROM THE PUBLISHER’S DESK Gary Caputi

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Inside this issue:

elcome to the Summer Edition of the RFA E-News Magazine, another issue packed with important information about the fisheries issues confronting recreational anglers in your own backyard and around the nation!

Executive Director’s Report: On Staying the Course

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While most of the country has experienced an unseasonably cool spring, summer is right around the corner and the weather isn’t the only thing heating up. The debate over the next reauthorization of the all-important Magnuson Stevens Act—the Federal legislation responsible for so much of the widespread problems we are facing in management today—is underway. This is the very legislation that RFA lobbyists and fisheries experts decried as a “train wreck” way back in 2006 when it was being debated. They fought it knowing it would do precious little to further conservation and rebuilding of fish stocks, but was sure to put a veritable strangle hold on recreational fishing around the nation. With that in mind I know you are going to want to read RFA Managing Director Jim Hutchinson’s blockbuster feature titled HOLY MACKEREL—THE RFA WAS RIGHT! It’s a long read, but it will give you all the background you need on what promises to be a hotly contested legislative struggle in DC .

RFA Issues & News

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Profiles: Jim Martin RFA West Coast Regional Director

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Beyond Total RecallSurvey Says

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Breaking Legislative News: The Hijacking of Freedom to Fish

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On a lighter note I am sure you will enjoy learning a little about one of RFA’s own, Jim Martin, West Coast regional director. Jim is a great guy with a big heart who has been through the MLPA Wars from the onset, but this is you chance to look at Jim the family man, the fisherman, diver and fisheries activist.

New FMP for American Eels on the Horizon?

I probably don’t have to tell you that the NMFS debacle in transferring over recreational catch and landing data collection methodologies from the Marine Recreational Statistical Survey (MRFSS) to the Marine Recreational Information Program (MRIP) has been another monumental agency failure! You can read up on it in an information piece by our fisheries specialist John DePersenaire titled Be-

yond Total Recall. Also in this issue you’ll learn how mismanagement of the lowly American eel, an extremely important component to the coastal ecosystem, has compromised the health of the stock as the soaring prices for glass eels in Asia has fueled a lawless black market. Read on and learn.

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MSA ReauthorizationThe RFA Was Right!

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I AM THE RFA: The Tim and Linda Ripli Family

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State Chapter News RFA Boots on the Ground Around the Nation

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Executive Director’s Report

FROM ALL POLITICS IS LOCAL TO ALL POLITICS IS PARTISAN By Jim Donofrio, RFA Executive Director

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’ve always considered working in Washington DC an honor, representing individual saltwater anglers and our related marine trades people on Capitol Hill. It’s exciting, challenging, very interesting, sometimes rewarding and equally frustrating, especially of late. The 55th Speaker of the House of Representatives, the late Tip O’Neill, served under presidents Gerald Ford, Jimmy Carter and Ronald Reagan. It was Mr. O’Neill who once coined the phrase, “all politics is local.” Today, it’s mostly trying to get things done in a hostile environment. When the Recreational Fishing Alliance (RFA) was first founded in 1996, Bill Clinton was president, and we worked with a Republican majority in the House and Senate. The bipartisan spirit was much better then, and I always felt like we got some things done, although it still remained a painfully slow process. As most who work around the DC process will tell you, it has always run at a snail’s pace down there – it just seems in recent years that snail has crawled up inside a shell and has refused to budge. The G.W. Bush administration and the partisan bickering and dead-

lock on issues made it much more difficult for us to work on behalf of your right to open access and healthy resources. During this particular administration, the extreme green movement got a strong foothold on our fisheries thanks to Mr. Bush, and they were given a green light to trample over us fishermen while turning a blind eye to the real environmental issues of the time - the Clean Water Act as an example which Mr. Bush and Mr. Cheney had attempted to weaken. The Bush administration, with the help of a Republican Senate led by the late Ted Stevens (R-AK) put forth a Magnuson-Stevens reauthorization bill with the blessings of the environmental community, ultimately getting it voted through with unanimous consent. This was all done against the wishes of former House Natural Resources Committee Chairman Richard Pombo (R-CA) who fought like a warrior to pass a bill that would ensure conservation, rebuilding and access to those fish stocks. Chairman Pombo was trumped by the Senate and even by fellow House Republicans including Jim Saxton of New Jersey and Wayne Gilchrest of Maryland who sold us short in exchange for a green agenda. Sadly, RFA had informed Mr. Saxton and Mr. Gilchrest of the impending train wreck that would

come as a result of the language implemented in this particular bill we told them there would be plenty of fish in the future with simply no way for coastal anglers to get access to them. No one hates being right, but what’s frustrating is when your allies, those who you would hope to stand up with you when it’s time to fight, can’t gather up the intestinal fortitude to admit to their mistakes. This, my friend, is the environment in which we work at the RFA. DC is a tough, corrupt, egomaniacal environment, which makes it very difficult to work. Many members of Congress, sadly, are only there for themselves and their personal power, and not for the good of the U.S.A. – and the same can be said of a few of the ‘special interest’ advocates countering your right as a saltwater angler. There are of course a few bright, shining lights who are there for us, using the Constitution and the Bill of Rights as a model – and a commitment to serve honorably on our behalf. Those members of Congress give us hope that they can preserve the republic and keep us fishing in the future.


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RFA Issues & News By Jim Hutchinson, RFA Managing Director

Each news item includes corresponding hyperlinks. For more information, simply click on the link to read the release in its entirety.

THE REGIONAL COUNCIL ‘BUZZ’ ON FLEXIBILITY IS POSITIVE When first day of the three-day Managing Our Nation's Fisheries conference came to an end on May 7, 2013 – and just as many of the attendees were on their way to an evening cocktail reception presented by Environmental Defense Fund (EDF) – it became apparent that the environmentalist-hijacked event was beginning to unravel. According to the Recreational Fishing Alliance (RFA), the first day of the conference, presented in part by Pew Charitable Trusts and the Walton Family Foundation, put many of the environmental sponsors in an uncomfortable position early in the day. "We heard from a few insiders that some of the Pew activists were very unhappy at hearing how fisheries managers were looking for incorporation of some additional flexibility in the federal fisheries law," said RFA executive director Jim Donofrio. "While the show sponsors are working hard to undermine the need for management flexibility, the actual council members in attendance and giving presentations have completely contradicted the position held by the conference sponsors." Donofrio said that a series of regional fishery management council perspectives delivered at the conference further supported RFA’s longstanding efforts to reform the federal fisheries law. "Even the chairman of the New England Fishery Management Council, who has been a frequent critic of RFA and the hundreds of different recreational and commercial organizations who have united in a plea to revise the federal fisheries law to incorporate some limited flexibility, shocked a few of the ENGO's today by admitting that flexibility would be helpful," Donofrio said. "It would seem that many of the folks who make decisions at the regional management council level are all supportive of fixing the Magnuson Stevens Act this year." Play Fish Buzz Bingo at http://joinrfa.org/2013/05/572013-day-1-of-fish-buzz-bingo-ends-with-edf-cocktailparty/

RFA WEIGHS IN ON JUNE 25 SPECIAL ELECTION IN MASSACHUSETTS RFA has officially endorsed republican candidate Gabriel Gomez in the race for U.S. Senate in Massachusetts. A special election is being held on June 25 in Massachusetts to fill the seat left vacant when Democrat John Kerry left to become U.S. Secretary of State under the Obama administration earlier this year. RFA is urging all Massachusetts fishermen who support responsible open-access to our nation’s public resources to vote for Gomez on June 25. The son of Colombian immigrants and a former Navy pilot and Navy SEAL platoon leader, Gomez and his family live in Cohasset, MA where he has been active in the local community for years. “Mr. Gomez represents the next generation of leadership in Washington DC, part of a youth movement of common-sense American citizens who understand how an onerous tax law and over-burdensome regulatory


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framework impacts our small businesses,” said RFA executive director Jim Donofrio. “Our coastal fishermen have been hammered by this type of big government intrusion in the past few years, and it’s helped lead to a complete fisheries disaster in New England.” Donofrio said the democratic challenger in the June 25 election, Rep. Ed Markey, has been a longtime ally of showroom environmentalists at Pew Charitable Trusts and the Environmental Defense Fund and has long opposed any efforts by RFA to amend the federal fisheries law. “As a member of the House Natural Resources Committee, Mr. Markey has helped carry the water for the radical environmental movement, pushing for catch shares, opposing fishermen’s views and generally ignoring our testimony before the Committee,” said Donofrio.

RFA CHARGES NOAA WITH VIOLATING FEDERAL LAW

On May 16, 2013, the Recreational Fishing Alliance (RFA) sent a letter to National Marine Fisheries Service

(NMFS) Southeast Regional Administrator Roy Crabtree, along with several key members of Congress, charging the federal fisheries agency with violating federal law (click here to download a PDF version of RFA’s letter.) “Dr. Crabtree recently took a position against the Gulf of Mexico Fishery Management Council (Gulf Council) and its chairman Doug Boyd that RFA believes is a gross infringement of the Magnuson Stevens Act,” said RFA executive director Jim Donofrio. “This federal agency is making its own legal opinions in ignoring the will of stakeholders at the Gulf Council, with what appears to be zero managerial oversight within the U.S. Department of Commerce.” Donofrio said the fact that there has been no official Secretary of Commerce confirmation in Washington for the past year, while the Undersecretary of Commerce for Oceans and Atmosphere position has been vacant for the past three months, is especially troubling for coastal fishermen who have been waging an uphill battle against over-burdensome bureaucracy for years. “The Commerce Department has been hostile towards our coastal businesses during the past five years, that’s been proven by previous Inspector General reports in light of document shredding, predatory enforcement and misuse of federal funds at NOAA Fisheries,” Donofrio said. “To see this latest round of attacks by NOAA against our Gulf fishermen is proof that Congress needs to step up and step in.” Read more at http://joinrfa.org/2013/05/5162013-rfa-charges-noaa-with-violating-federal-law

RFA-NJ HELPS LEAD FIGHT TO PROTECT HISTORIC SURFCASTING LOCATION South Jersey surfcasters claimed victory at Drag Island in Southern New Jersey on May 14, 2013 after learning that efforts to preserve access rights to this historic Somers Point walk-up hotspot have proven successful. The Drag Island Access Preservation Association (DIAPA), together with the Recreational Fishing Alliance’s New Jersey chapter (RFA-NJ), was informed by Sen. Jeff Van Drew (D-Cape May) that walk-on access will continue at Drag Island once the State of New Jersey finishes completion of the new southbound Parkway bridge project at Somers Point, and that plans to completely demolish the Beesley’s Point Bridge are being modified to accommodate fishermen and nature enthusiasts alike. According to RFA executive director Jim Donofrio, the plan to preserve the access rights enjoyed by New Jersey residents for the past 85 years includes a fishing pier extension on the south side of Drag Island which will extend into Great Egg Channel, with a portion of the Beesley’s Point Bridge maintained for walk-on access to Drag Island. This all comes by way of ongoing political negotiations following months of public support and letter-writing by New Jersey anglers. “I know sometimes folks get frustrated when things don’t happen in government immediately, but this is one


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particular access victory that would not have been possible without the efforts of government officials, both elected and those appointed, who helped fast-track this effort in Trenton,” Donofrio said. “In addition to Sen. Van Drew who has long championed angler issues in New Jersey, RFA is thankful to the folks in the Christie Administration, particularly Commissioner Martin and his staff at the Department of Environmental Protection (DEP) as well as the Department of Transportation (DOT) who got together and figured out a way to ensure progress with preservation,” added Donofrio Read more at http://joinrfa.org/2013/05/5142013-rfa-nj-south-jersey-anglers-claim-drag-island-victory.

RFA ASKS SENATE TO HOLD NOAA ACCOUNTABLE FOR SCIENCE On March 21, RFA submitted official comments to Sen. Mark Begich (D-AK), Chairman of U.S. Senate Commerce Subcommittee on Oceans following an official hearing in Washington on March 20th at the urging of Sen. Charles Schumer (D-NY). In their letter to Chairman Begich, RFA cited recent testimony given before the House Natural Resources Committee by Deputy Assistant Administrator for Regulatory Programs for the National Marine Fisheries Service (NMFS) at the U.S. Department of Commerce when he revealed that legal requirements to improve recreational fishing data have not been implemented. “It is correct that we have a 2009 deadline that we did not entirely meet,” admitted Sam Rauch, III on March 13, explaining that angler registry requirements have not yet been implemented despite a 2006 congressional mandate. RFA’s letter references a Connecticut study which found huge discrepancies between NOAA’s estimated number of saltwater anglers as compared to saltwater licenses sales from several Atlantic coast states. According to the report by Dr. Victor Crecco, NOAA’s 2008 saltwater angler estimates were often “three to four times higher than both the 2006 USFWS estimates and the 2008 adjusted saltwater license sales,” findings which Dr. Crecco said strongly suggest the government has been severely overestimating the number of saltwater anglers and fishing trips in recent years, and therefore severely inflating the actual catch and harvest by saltwater anglers. “The RFA asks that the Senate Subcommittee on Oceans consider the findings of Dr. Crecco and consider the ramifications of using a notably flawed methodology to monitor recreational angler harvest,” wrote RFA executive director Jim Donofrio. “If the data collection conducted by NOAA Fisheries and NMFS is grossly overestimating effort and participation as Dr. Crecco and many individual anglers strongly believe, then Sen. Schumer is absolutely correct in asserting that anglers are being punished by quota reductions due to erroneous landings estimates produced by a broken system.” More information: http://joinrfa.org/2013/03/32513-rfa-askssenate-to-hold-noaa-accountable.

WALL STREET'S CAMPAIGN TO TAKE OVER OCEAN AVENUE Responding to a recent Congress Blog in The Hill by George C. Landrith, the president of the Frontiers of Freedom Institute, RFA’s Jim Hutchinson said “fish stocks are a public resource and belong to each and every American.” “Obviously not a fisherman himself, Mr. Landrith describes the catch share paradigm as one that recognizes fishermen have property rights,” Hutchinson writes in response at The Hill, adding “In order to endorse the ‘catch share’ principle one would have to support the idea of federal government granting sole and exclusive access to ocean fish to one person or entity, to the exclusion of all others.” “As a business professional, perhaps Mr. Landrith believes that private investors and Wall Street types should be given a shot at ownership of this last great American frontier; I’m sure a corporation like Wal-Mart would love to buy up ‘fish tags’ at wholesale prices in order to sell back at retail to any American consumer who wishes to take the family out for a day on the water,” Hutchinson said. Read Hutchinson’s full opinion piece at http://thehill.com/blogs/congress-blog/energy-a-environment/294977-catch-shares-wall-streets-campaign-totake-over-ocean-avenue#ixzz2TqWLzYJX.


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profiles Jim Martin, RFA West Coast Regional Director

A lot of RFA members associate the organization more with its work on the East and Gulf Coast, but the Recreational Fishing Alliance has been tri-coastal almost since its inception 15 years ago. While our main focus has always been national in scope, we have always been keenly aware of regional issues facing recreational fishermen and active in providing guidance and support whenever possible and that includes California, Oregon, Washington and Alaska.

reational fishermen who under- his right-hand man—Jim Martin. stood the potential damage that After the loss of Randy in a freak could be caused by passage of encounter with a Great White Shark during a diving trip it was Martin who stepped up to spearhead the RFA along on the West Coast. No one was better prepared for the challenges nor had the proper temperament and motivation. So if you don’t know him, let me introduce you to Jim Martin, the recreational fishing activist, angler and family man.

Martin, while for all intents and purposes is California through and For a good numthrough, was actuber of those early ally born in Philadelyears RFA Execuphia, Pennsylvania tive Director Jim 53 years ago and Donofrio was grew up saltwater aboard many a red fishing along the -eye to California to Jersey shore. He work with groups moved to California facing the dauntin 1982 initially seting challenge of tling in the San Francisco Bay this access killer legislation. trying to fend off the enviroArea, but moved to Northern Randy eventually became the driven Marine Life Protection California ten years later settling Act (MLPA) and it was then that RFA West Coast Regional Direc- in Mendocino County in the tor and another great champion he met and became friends with town of Fort Bragg on the coast. Randy Frey, a champion of rec- of recreational fishing became It’s a beautiful area that com-


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and stripers and dives for Dungeness crab and abalone. When the opportunity arises he enjoys getting offshore for tuna and albacore.

Mendocino County Supervisor Dan Hamburg (left) listens to Jim Martin's concerns about the MLPA in 2009 at RFA-Sponsored concert.

bines lush forests with a rugged, rocky coastline where residents can fish for salmon, steelhead, Pacific halibut and striped bass transplanted from New Jersey, sort of like Martin, but a bit further back in the State’ history in the year 1882. Jim is married with two grown daughters, his favorite fishing buddies. One holds a PhD in botony and the other is a physics major still in college.

to recreational fishing. The species of concern then was rockfish, a deep-water bottom dweller that was deemed overfished and in need of protection, but the protection came with a closure of almost all bottom fishing in an 11,000 square mile area of California nearshore waters. Martin and Frey worked hard to come up with compromise positions that would allow fishing A printer by trade, Jim has for other popular bottom spebeen involved cies like lingcod. in the publish- Then along came the proposed ing industry in MLPA, legislation that any sane one way or recreational fishing organization another for a should have immediately seen good portion for what it was—the opportunity of his life. He to close massive areas of the Calhas had a mail ifornia coast to all recreational -order book fishing and Jim Martin found company spe- himself embroiled in that fight cializing in from its earliest inception and non-fiction today. titles for years “I wish we could go back to the and he aubeginning, when all this was thored a pop- getting started, but with the ular local fish- knowledge we have about how ing guide tiit would ultimately turn out,”

tled How to Fish the Mendocino said Martin. “We were amazed Coast a few years back. that many California fishing Martin got his start in fisheries groups and clubs broke ranks working with Randy Frey and and actually supported the legiswas a founding member of the lation. If they had the opportuniRFA Nor-Cal chapter. His earliest ty to put the genie back in the duties were as the media direc- bottle now that they have seen tor for the fledgling organizathe outcome I am sure they tion, but his role was much would have fought it with a unimore involved than his title fied voice.” might infer. The group’s initial The RFA, through the foresight concerns revolved around deal- of Jim Donofrio, Randy Frey and ing with “choke species”, a term Jim Martin, did it’s best to try Jim is an active angler and diver used on the West Coast to deand educate other organizawhose favorite local fishing is note a single species in a multi- tions to the dangers of the trolling for salmon, a species he species complex that is considhas worked hard to help restore ered overfished, but that causes MLPA process, but ultimately with so many defections sein Northern California waters. an entire complex to be closed duced by empty promises from He also likes fishing for rockfish


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the environmental groups pushing the legislation the bill passed and was signed into law by then-governor, Arnold Schwarzenegger. It has been a downhill ride ever since. Through his work in fisheries as an activist Martin has become a fisheries consultant in recent years. He has worked closely with the Alaska Charter Association on halibut issues for over five years during which they successfully defeated a catch shares program for charter vessels and have worked hard to maintain a reasonable allocation and bag limit for the category, a fishery that is inherently important to Alaska tourism. He Weighing in a fish at the Randy Fry Meis on the Groundfish Advisory morial Spearfishing Tournament on the Committee for the Pacific Fish- Mendocino Coast, 2012

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ery Management Council; is the MLPA Advisor to Mendocino Country; is V.P. of the Salmon Restoration Association; V.P. of the Senoma County Abalone Network (a grassroots group aimed at putting a stop to poaching of the resource) and President of the Mendocino County Fish & Game Advisory Commission. With all of his responsibilities, volunteer and activist work on behalf of recreational fishermen and his dealings with the RFA, Jim Martin remains calm, focused and easy to work with. The RFA is proud to have him on our team and all fishermen on the West Coast should count themselves lucky too.


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BEYOND TOTAL RECALL RANDOM SURVEY SAYS… By John DePersenaire RFA Policy & Science Researcher

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n a recent New York Times article, Vanderbilt professor Sara Igo noted how the scientific election poll first came of age in 1936, with George Gallup’s forecast of Franklin Roosevelt’s re-election. Primarily designed as Igo noted for reader entertainment and partisan jockeying, these informal tallies were conducted on steamers and trains, by both reporters and interested citizens. “Election polls, which Gallup and

many of his colleagues considered ‘socially useless,’ captured much more attention from the news media (and pollsters’ corporate clients, who saw them as a litmus test of sampling methods) than did social-issue polls,” Igo noted, adding that such random surveys in election polling “also introduced novel political prob-

lems: polling organizations, not the people, became the mediators of much public debate.”

Nearly a century later, nearly all recreational marine fisheries are monitored through use of these same types of random surveys. From the Marine Recreational Fishing Statistical Survey (MRFSS), which has now been dubbed the Marine Recreational Information Program (MRIP), to the Recreational Billfish Survey or the Large Pelagic survey, surveys play in major part in the monitoring, assessment and management of recreational fisheries both domestically and internationally.

In addition, surveys are also used to capture information on economic expenditures; equipment purchases, and other fishing behaviors. The marine recreational fisheries in the United States combined are a multi-billion dollar industry supporting hundreds of thousands of jobs. Moreover, it is a way of life, a deep tradition in many coastal communities and for millions of Americans. The importance of recreational fishing and its proper management cannot be understated. This concern regarding the importance of recreational fishing and recreational fishing management manifested in a National Research Council review of recreational data collection programs in 2006 and inclusion of some of their findings in the 2007 reauthorization of the Magnuson Stevens Fishery Conservation and Management Act. As written in Magnuson and as applied through most of the regional fishery management councils, federal managers are looking for surveys to provide information that can only be achieved through a census. With this dedicated effort and expense, it must be pointed out that improvements will not convert a survey to a census all for the improvement of the existing survey programs which account of the monitoring of 99% of all recreational fishing effort. Some fisheries such as the recreational bluefin tuna fishery in

Maryland are under a program where every fish landed is tagged and recorded. For obvious reasons, such an approach is impractical for most federally managed fisheries due to the number of participants, landings points and numbers of fish landed. Surveys will always be the primary tool managers used to assess recreational catch, effort and harvest. NOAA has undertaken a mail survey sent to individuals selected from lists of known anglers, either licensed or registered. Mail surveys are a common off-site sampling survey used in conjunction with on-site and phone surveys. On-site sampling typically has a lower potential for sampling response and non-response errors than mail surveys. Mail surveys have value but due suffer from limitations. Mail survey can carry high response error and have the potential to introduce serious nonresponsive bias. In addition, mail surveys also suffer from the limitations of angler recall. For this reason, mail surveys are infrequently used to estimate effort or catch because of these recall problems. One aspect of recreational fishing that could benefit from mail surveys would be to assess the level of night fishing effort that is currently not captured through the traditional on site surveys. This past month NOAA released the findings of a pilot project that utilized the use of mandatory logbooks


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in the for hire sector in the Gulf of Mexico. The findings - a key benefit of the pilot project - demonstrated that the use of electronic logbooks can facilitate better record keeping. However, compliance for effort was only 70%. The findings indicated that data obtained through self reporting, such as logbooks, are subject to recall bias and inaccuracies. In addition, the findings report indicated that logbooks are not likely to achieve a complete and accurate census of catch and effort. That said, the use of mandatory logbooks would likely allow managers to better assess recreational landings in that sector however, it would still not give them the level of accuracy of census data nor would it give them the information to administer annual catch limits and accountably measures in the recreational sector fairly.

Making Waves |

The limitations of survey will always persist regardless of the time, personnel and expense applied to the improvement of the precision, accuracy, timeliness of recreational fishing surveys. However, the incapability of any survey to capture every single fish landed by recreational anglers is in itself not necessarily a problem. The problem lies in when the survey is used in an inappropriate manner or when mangers place monitoring demands on the recreational sector than can never be satisfied with a survey. Surveys will never have the ability to count every fish. The accuracy of surveys will also be dependent upon the recall of anglers which as reported through published research papers, proves to be very inaccurate. Fisheries managers should not be asking what they can do to make the surveys MRIP in particular - accommodate

Summer 2013

the demands of Magnuson but how should Magnuson be amended, specifically sections that deal with setting and enforcing annual catch limits and accountability measures on the recreational sector, so that recreational fisheries can be responsibly monitored given the limitation of MRIP. On May 21 of this year, the House Natural Resources Committee convened an Oversight Hearing on data collection issues in relation to the reauthorization of the MagnusonStevens Fishery Conservation and Management Act. Perhaps when Members of Congress understand that a survey is not a census – that Mr. Gallup’s random sampling can never replace the accuracy of the polls themselves – maybe then the recreational fishing community can get a fairer shake in terms of best available science.


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Breaking Legislative News RFA CALLS OUT HIJACKING OF “Freedom to Fish” Calls Bill Sponsored by Rand Paul and Lamar Alexander a Farce!

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FA openly criticized the new Freedom to Fish Act championed by Rand Paul (R-KY) and Lamar Alexander (R-TN) saying Congress hijacked a bill which saltwater anglers on both coasts had fought to support for more than a decade. Paul’s website described it as “a bill that protects fishing access at the tailwaters of dams along the Cumberland River [and] prevents the Army Corps of Engineers from moving forward with a plan to install physical barriers in several locations, including the Barkley and Wolf Creek dams.” "Passage of the Freedom to Fish Act today is a welcome alternative to the Army Corps' burdensome plan, which would hurt Kentucky residents and businesses," Paul said on his website. "There is a deep and long love for fishing the tailwaters of the Cumberland River, and I am glad we have taken action to help protect fishing access and Kentucky's economy." But the RFA calls the bill “a farce,” saying the legislation, which reached President Obama’s desk last week, does little more than provide a two-year moratorium on the Army Corps of Engineers’ plan to erect barriers specifically along the Cumberland River in Kentucky and Tennessee. "A total of 11 sponsors of a House and Senate bill, with all members from either Tennessee or Kentucky, yet this legislation just sails through with a smile and a wave," RFA executive director Jim Donofrio said in an email. "Bring 5,000 coastal fishermen to Washington, D.C., in organized protest of our federal fisheries law and garner support of upwards of 50 federal legislators and Congress does nothing, it's maddening." Donofrio said the new legislation might offer some freedom to fish for dam anglers on the Cumberland River in Kentucky and Tennessee, but he added that "had any of the original Freedom to Fish sponsors in D.C. actually read this bill they would've realized that their coastal anglers were essentially being pawned off by unanimous consent." RFA said the original bill would have provided far broader federal protection for anglers against arbi-

trary closed area regulations on every coast.

The full text of S211 follows: 113th CONGRESS 1st Session S. 421 To prohibit the Corps of Engineers from taking any action to establish a restricted area prohibiting public access to waters downstream of a dam, and for other purposes. IN THE SENATE OF THE UNITED STATES February 28, 201 A BILL To prohibit the Corps of Engineers from taking any action to establish a restricted area prohibiting public access to waters downstream of a dam, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘Freedom to Fish Act’. SEC. 2. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS. (a) In General- Notwithstanding any other provision of law, the Secretary of the Army, acting through the Chief of Engineers, shall not take any action to establish a restricted area prohibiting public access to waters downstream of a dam owned by the Corps of Engineers. (b) Exclusion- For purposes of this Act, installing and maintaining sirens, strobe lights, and signage for alerting the public of hazardous water conditions shall not be considered to be an action to establish a restricted area under subsection (a). (c) Effective Date(1) IN GENERAL- Subject to paragraph (2), this section shall apply to an action described in subsection (a) on or after August 1, 2012. (2) EXISTING RESTRICTIONS- If the Secretary of the Army, acting through the Chief of Engineers, has taken an action described in subsection (a) during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall-(A) cease implementing the restricted area resulting from the action; and (B) remove any barriers constructed in connection with the restricted area.


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NEW PLAN TO CONSERVE & MANAGE AMERICAN EELS COMING SOON? By Barry Gibson, RFA New England Regional Director

RFA’s New England Regional Director and his associates helped save the recreational season.

A

new plan to conserve and manage eels called Addendum

Yellow eels are eaten by larger fish and are trapped by humans for food and III to the Fishery Management bait, and silver eels fall prey to pelagic Plan for American Eel has been in the fish as they make their way out into the works for over a year, and is scheduled ocean. It is thought that only a handful to be voted on in late May and impleof the millions of eggs produced by each adult female eel survive to adultmented soon thereafter. hood themselves. Eels, as most of us who are fishermen know, are interesting critters. They Eels, therefore, are important to the range from Greenland to the tip of Bra- ecosystems in which they live, and zil, and are found in every East Coast have economic value as food and as state in the U.S. They are catadromous, bait for striped bass in the U.S. They are meaning they spend most of their life harvested, primarily in nets and pots, in in fresh water or brackish environtheir elver, yellow, and silver stages. ments yet spawn in salt water. Eels Elvers have increased in value from travel hundreds of miles as adults to $25 per pound a decade ago to as the Sargasso Sea, an area of the Atlan- much as $3,000 a pound this spring as tic Ocean east of the Bahamas and an export to Asian countries, where south of Bermuda, to reproduce and they’re reared in ponds to adulthood then die. and sold as food. The larvae drift helplessly in the sea currents to the coasts of North and Central America, where they metamorphose into elvers or “glass eels.” These tiny, semi-transparent “strands of spaghetti” range from 2” to 4” in length and move into rivers and streams in the spring to work their way inland into fresh and brackish water. They grow and eventually become pigmented, making the transition to the “yellow eel” stage. When they become sexually mature in 8 to 24 years they begin their downstream migration to the sea and metamorphose once again into the adult “silver eel” phase. Eels face challenges at every stage of their lives. As larvae and elvers they are preyed upon by countless species of fish and birds, and encounter dams, falls, and other obstructions as they attempt move inland from the sea.

fishery. Maine and South Carolina are the only two states that allow elver fisheries, and although South Carolina’s is very small (less than 1,000 pounds in 2012), Maine’s fishery has exploded. Six years ago the harvest was 3,713 pounds worth about $1.3 million, but when the price skyrocketed in 2012 the harvest mushroomed to 20,755 pounds worth $38.5 million. Since there are 2,000 to 4,000 elvers per pound, a tremendous number of eels are being removed during the state’s ten-week season in the spring.

Another problem stemming from these astronomical prices is illegal fishing. Maine only allows 655 elver licenses, yet the Marine Patrol issued 300 sumThe most recent assessment of eel monses and 98 warnings in 2012, stocks was conducted in 2012 by the mostly for elver fishing without a liAtlantic States Marine Fisheries Comcense. In fact, the problem became so mission (ASMFC), the multi-state organgreat this year that Governor LePage ization that manages eels along with signed emergency legislation to other species including striped bass strengthen the penalties for these vioand bluefish. The assessment indicated lations. But the real concern is the that the eel population has declined in number of elvers harvested in Maine recent years and is currently depleted. and sold overseas that go unreported The report concluded that current fishdue to illegal fishing. The actual mortaling effort (especially on elvers), habitat ity most likely far exceeds what is recloss, mortality during migrations, and orded in dealers’ logbooks. changing climactic conditions have likely combined to contribute to the The options in the plan for managing elvers range from status quo, to a varielow abundance. ty of quotas, to the complete prohibiThe goals of ASMFC’s proposed mantion of elver harvest. The RFA believes agement plan is to protect the eel rethat a complete prohibition on comsource and habitat, and to provide susmercial elver harvesting coast-wide tainable fishing by preventing overwould be the most risk-averse option if harvest in all life stages. One of the the plan goal is to indeed reduce morplan’s most significant and controvertality, but if that is not feasible then sial set of options pertain to the elver


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After spawning in the Sargasso Sea, American eel eggs hatch into a larva form with egg sac and are at the whim of the North Atlantic gire, which carries them toward the U.S. coast. They arrive as Elvers, also called glass eels, tiny 3 inch long fully formed eels lacking pigmentation. Live glass eels have become an extremely valuable commodity on the Asian market bringing as much as $3000 per pound creating the perfect storm for poaching and drastic overfishing of the species.

some sort of hard quota ranging from 50% to 80% of the current catch level may be appropriate.

need to contribute in some way to mor- ever does come about it would mean the end of all eel harvesting and the tality reduction. use of eels as bait by sport fishermen. How this will all play out, and what Let’s instead put some meaningful As for the commercial yellow eel harmeasures will ultimately be adopted by measures in place now to control morvest, options include status quo, raising ASMC, will not be known until the plan tality and improve management. That, the minimum size, gear restrictions, a is approved. But one thing is clear: we we believe, is the smart move. coastwide quota, and a fall harvesting need to reduce mortality on American closure. Again, a quota at some level eels, perhaps most importantly at the Click Here to watch an inthat reduces overall mortality coastelver stage, and implement improved wide may be the best choice, along reporting and monitoring requirements teresting video about with one or more of the other so we can get a better handle on the measures. The only option proposed number of eels harvested each year. glass eels courtesy of our for silver eels, outside of status quo, are And, we need to work towards preservseasonal and gear restrictions. ing and improving eel habitat so that as friends at: many eels as possible will be able to The basic management option for reccomplete their remarkable life cycle. reational fishermen is to reduce the daily bag limit from 50 eels per day to All of this is important, because what 25. Since most anglers purchase yellow the RFA does not want to see is an eneels from a bait dealer, this possession dangered or threatened species desigreduction would not in itself appear to nation for the American eel. There have have a significant conservation benefit, been two attempts so far by environbut it is felt by ASMFC that all sectors mental organization to do this, and if it


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HOLY MACKEREL - RFA WAS RIGHT! It Doesn’t Take a Crystal Ball to See a Train Wreck a Comin’ By Jim Hutchinson, Jr.

Managing Director, RFA

T

he National Marine Fisheries Service (NMFS) and National Oceanic and Atmospheric Administration (NOAA) were once again on the congressional hot seat in May. While national headlines have been focused mainly on State Department and Justice Department scandals in recent weeks, coastal fishermen have been keenly aware of the problems existing under the U.S. Department of Commerce, which manages NOAA and NMFS, for years. On May 21, 2013, the House Natural Resources Committee convened a special oversight hearing on data collection issues related to the reauthorization of the MagnusonStevens Fishery Conservation and Management Act. Two witness panels testified directly before the House members of the Subcommittee responsible for fisheries, wildlife and oceans issues, with the opening witness testimony coming from each of the executive directors of three U.S. fisheries commissions (Atlantic, Pacific and Gulf States) as well as Dr. Richard Merrick, chief science advisor for NMFS.

absurdity brought up by the Recreational Fishing Alliance (RFA) in that particular article – and in countless meetings with members of Congress over the last five years – were essentially laid out on the filet table as representatives sharpened their blades on a broken government agency. Regrettably for Dr. Merrick, he took the sharpest cuts as one of the last managing members of NMFS left standing in recent months as staffers like Dr. Jane Lubchenco, Eric Schwaab and Acting Commerce Secretary Rebecca Blank have already jumped ship. Adding salt to the wound, in previous testimony given before this very same committee, the Deputy Assistant Administrator for Regulatory Programs at NMFS, Sam Rauch, revealed that legal requirements for improving the methodology used to monitor recreational fishing harvest had not been met by the federal agency.

democrats and republicans alike, are now starting to see the facts as RFA has laid out on numerous occasions. In fact, in terms of managing our nation’s recreational fisheries, the differences between commercial and recreational landings, the problems with annual catch limits (ACL’s) and accountability measures in the angling sector, flawed stock assessments and NMFS’ inability to meet their congressional deadline for improving recreational harvest data, it would appear that RFA’s message has been consistently on-point for years. GARBAGE IN, GARBAGE OUT In his opening remarks before the Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs on May 21, Dr. Merrick said “NMFS Marine Recreational Information Program is applying new and improved methods to the difficult challenge of estimating total catch by the millions of recreational saltwater anglers nationwide,” while adding that his agency has made a substantial effort to monitor fisheries “particularly in the Gulf of Mexico and South Atlantic regions” by incorporating data from recreational fisheries into fish stock assessments.

“It is correct that we have a 2009 deadline that we did not entirely meet,” Rauch said when questioned by Rep. Frank Pallone (D-NJ) back in March, explaining that his staff has looked at the mandatory If you read the Absurdity in Fisher- requirement for data collection reies Management series as it ap- placement as “more of a transition peared in the March 2013 edition than flipping a switch.” of Making Waves, you would’ve “These data are collected as part of had an ideal primer to this particu- It would seem as if key House Natu- NMFS’ Marine Recreational Inforlar congressional hearing. Items of ral Resources Committee members, mation Program,” Merrick stated.


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As RFA pointed out in the Absurdity in Fisheries Management series however, as corroborated by Rauch’s earlier testimony before the committee, NMFS’ new Marine Recreational Information Program or MRIP as its known, is not all that it’s cracked up to be – nor is it even ready for peer review. It was a previous 2006 comprehensive report by the National Academy of Science’s National Research Council that found the recreational data collection methodologies for sampling and analysis to be fatally flawed, rendering the federal data collection efforts to be unable to meet the rigid demands of fisheries management. In the 2006 reauthorization of the federal fisheries law, the Magnuson-Stevens Act, congress required NMFS to overhaul the system and launch a new, fully initiated new MRIP program as of January 1, 2009.

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It’s important to understand Dr. Merrick’s response and the fundamental issue with any data collection program. “There are two distinct parts of MRIP,” Dr. Merrick explained for the committee, the first of course being the sampling through contacting anglers by phone or mail, and via on-water or dockside surveys to determine overall catch and effort. This is the data that goes into any survey analysis, and it’s what Dr. Merrick responded to as “Where we hope to continue to expand the capabilities is the sampling part, and we’re learning more there.” “The estimation technique was really the first part that was implemented,” Dr. Merrick said, explaining how this analysis portion of the MRIP program was put in place for the 2012 season throughout much of the country.

In the world of computer programming, there’s a phrase known as GIGO, or “Garbage In, Garbage Out.” Following Dr. The premise is Merrick’s open- While it’s hard for some recreational anglers to comprehend, the actions and that bad data ing testimony decisions coming from this hearing room and within this congressional commit- entered into a regarding his tee have major ramifications when it comes to future opportunities to fish. program will agency’s new always yield bad and improved methods under MRIP and the overall results; no matter how sophisticated the operating angler confidence with the results, Rep. Pallone system, the quality of information coming out of a asked directly “Would you support a new National program can never be better than that which is put Research Council report?” it. In other words, if you have inaccurate data as input, you will only get misleading output. After describing the two components of the MRIP methodology, the actual data collection from angler IT DEPENDS ON WHAT THE MEANING OF THE sampling activities and the secondary final analysis of WORD 'IS' IS that data, Dr. Merrick replied “We would like to have In RFA’s opinion, some of the real “misleading outeither a National Academy study reviewing it once put” has come before the various congressional hearit’s fully implemented in the next few years or some ings in Washington DC in the seven years since the other form of external review, yes, we would support Magnuson-Stevens Act was reauthorized. Case in that.” point came in a follow-up question in the subcommit-


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tee by Rep. Jon Runyan (R-NJ) who asked about the full implementation of the new MRIP initiative.

evolve, which is what’s currently happening with recreational sampling under MRIP.

“MRIP estimation methods were implemented in 2012,” Dr. Merrick replied, the key word being the qualifying word estimation. “The only thing that has not been implemented are some of the new survey methodologies, and those are continuing to evolve.”

“For example, the old estimates were based on phone surveys. Phone surveys don’t work anymore. So we’ve had to develop an angler registry and new approaches to sampling recreational fishermen,” Dr. Merrick told Rep. Runyan.

“Are there any other issues that have arisen that have set back the full implementation of the program,” asked Rep. Runyan.

“Six years ago when this process started, the idea of iSnapper, no one would have ever thought about that, apps didn’t exist,” Dr. Merrick stated.

“We don’t really feel it’s been setback,” Merrick responded, adding “It’s been implemented.”

While smartphone apps didn’t exist 6 years, vessel trip reports (VTR’s) did, which was specifically recognized by the National Academy as a needed reform of the recreational data collection initiatives at NMFS. In 2006, the reauthorization of Magnuson specifically cited “collection and analysis of vessel trip report data from charter fishing vessels” as one of NMFS’ requirements for improving the sampling techniques. For many years, federally permitted captains have been required to keep VTR data regarding catch and effort during the fishing season.

“You just said it wasn’t fully implemented,” Rep. Runyan retorted. “The estimation technique, which is the key part in what was the statistical issue that provoked a lot of the National Academy review as the initial concern has been implemented,” Dr. Merrick said, explaining to the committee that survey techniques continue to


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remains fatally flawed,” he added. LOST IN TRANSLATION For more than a decade, RFA has asked for fishery management plans to be changed to recognize the number of fish caught by anglers as opposed to just pounds of fish, which only leads to inflated numbers based on statistical modeling. “Every time we increase the size limit to curb overall harvest when setting a fishing season, we are actually increasing the size of the harvested fish and the release mortality, and in turn the weight of the fish caught in pounds,” is precisely what I told Dr. Jane Lubchenco at a fisheries roundtable discussion in Shinnecock, NY several years ago, calling it “the quintessential Catch 22.” In a nutshell, in order monitor rigid and precise ACL’s in the recreational sector, the allotted poundage of fish for recreational anglers is converted to numbers of fish, which allows state fisheries managers to devise a season, size and bag limit to place a limit on the amount of fish caught during a year. That harvest of course is measured by random sampling through a series of phone calls to coastal households, coupled

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with random dockside intercepts at certain public locations where anglers might be found. When you consider however that anglers fish from docks, bridges, beaches, private marinas or even upon boats kept in their own backyards, compiling a pound-for-pound accounting of recreational harvest is an impossibility based on random sampling methods. Dr. Lubchenco promised all those Shinnecock attendees – which included U.S. Senator Chuck Schumer (D-NY) – that she and her staff would address this particular situation. After she left her government post earlier this year to start her academic tour of America, she also left behind as one of many unfinished tasks. “To meet the rigid ACL’s with this random recreational data collection and provide more days on the water, we’re forcing anglers to harvest bigger fish which in turns hits the quota even faster than the statisticians could’ve comprehended,” said Jim Donofrio. “We may catch fewer numbers of fish, but the actual poundage of fish caught coupled with increased discard mortality by anglers throwing back undersized fish is contributing to this complete absurdity.” Donofrio said that problem is best evidenced current-

AVAILABLE AT WEST MARINE AND OTHER RETAILERS


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In previous congressional hearings, fisheries commission and council meetings, and private outreach with NMFS, it’s been noted that NMFS has collected this VTR data for years but has done nothing with the data itself. “A VTR is a logbook which federally permitted captains have been required to keep regarding numbers of anglers and the fish caught every time the boat leaves the slip,” said RFA executive director Jim Donofrio. “The government has levied some pretty hefty fines in recent years to permitted recreational vessels who have not submitted their logbooks in a timely fashion, but the data has been collected by NMFS for years, it’s nothing new.” The company which has created the new iSnapper app for smartphones said much of the same thing when describing their new program - “the

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on patting themselves on the back for iSnapper and save the accolades for a point in time when they are fully compliant with the federal fisheries law,” Donofrio said. What Dr. Merrick also failed to disclose was the fact that the angler registry data compiled by the federal government is actually not being used by NMFS to improve the data collection. While the 2006 reauthorization of the Magnuson-Stevens Act required “Use of surveys that target anglers registered or li-

censed at the State or Federal level to collect participation and effort data,” it has been the decision of

NMFS to continue using coastal telephone books to coordinate effort and participation data moving forward.

“Dr. Merrick says phone surveys don’t work anymore, but what he didn’t tell congress is that effort and problem is that participation traditional logsurveys yesbooks are time terday and consuming, today utilize have an associaddresses ated time lag, compiled via and have im- It would seem as if all the charts, graphs, and federal documents related to coastal plementation phonebooks, ‘essential fish habitat’ are nonexistent when it comes to our federal agencies, as issues.” In renot the ansponse, the Interior is destroying ‘substrate’ while Commerce is asleep at the wheel. gler registry, iSnapper even though smartphone application was designed as an alterna- they consider phone surveys and phone books obsotive to the traditional paper VTR data, an electronic lete,” said Donofrio. logbook that can allow more timely upload of catch data. “Essentially what we have here is a federal agency that has directly and willfully ignored the congres“NMFS is telling congress that no one ever thought sional mandate to utilize an angler registry and vessel about this new technology, but what they fail to ad- trip report data, not because the data isn’t available mit under oath is that this logbook data has been because it is, but instead because they don’t like the available for years and is stored away in some Com- delivery method,” Donofrio added. merce Department vault somewhere, unused and apparently unwanted,” Donofrio said. “If NMFS fails “Dr. Merrick told Congress flat out that phone calls to use the data, does it even matter what form, paper don’t work, yet the record shows that NMFS is still or electronic, in which the data is submitted?” using the coastal phonebook method for gathering “Personally, we believe NMFS should really hold off recreational data, which says to me that their data


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ly in the Gulf of Mexico, where ongoing efforts to rebuild the red snapper population have resulted in bigger fish, which in turn has led to anglers reaching their annual limit faster. “Two big fish in the box, a bunch of undersized discards, next thing you know we’re looking at a shorter season next year as the stock becomes more robust,” Donofrio added. “It’s not that NOAA hasn’t heard of this issue before, it’s just that the administration refuses to work with our community on finding answers to address the problem.” House Natural Resources Committee member, Rep. Rob Wittman (R-VA) posed this particular conundrum to Dr. Merrick in the committee hearing, asking if there might be a benefit in managing recreational fisheries by harvest rates as opposed to poundage quotas, perhaps even using striped bass – a species which is not managed under Magnuson-Stevens Act as a model.

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along the Mid-Atlantic coast are asking a lot from the data that we do have,” Beale said. “I think there is some merit in exploring ways to dampen out the highs and lows in frequent changes in those other recreational fisheries.” “The difficulty is in the way that Magnuson-Stevens is written now with the accountability measures and annual catch limits” Beale said of those fisheries like red snapper, fluke and black sea bass. “The regulations have to crafted so that recreational harvest limits are not exceeded each year, that’s what creates the highs and lows As defined by NOAA, an ACL is “the level of annual

catch of a fish stock or stock complex that serves as the basis for invoking accountability measures.” The

“In the stock assessment process only, it doesn’t really matter,” said Merrick, calling the recreational management in numbers versus pounds a simple management decision. “The currency of biomass or numbers of fish are equivalent, so if we determined that we were going to manage the recreational fishery based on numbers of fish we have the equivalencies that can go back to biomass so we can do our stock assessments.” MRIP, ACL & OTHER ACRONYMS OF DEATH Taking his cue from the Committee, witness Bob Beale, the executive director of the Atlantic States Marine Fisheries Commission (ASMFC) said there are many fisheries managed on quotas, particularly MidAtlantic species like summer flounder, scup and black sea bass, with regulations that have varied from year to year. “It’s a complex system and it’s a difficult system for fishermen to keep up with,” Beale said. “Striped bass has been one of the great success stories along the Atlantic Coast and the recreational fishery has had stable regulations, two fish at 28 inches for the coast, generally since 1995 and the stock has continued to do well,” Beale noted. Striped bass is one particular species in which regulations don’t change every season, nor is the recreational opportunity governed on a day-to-day basis on the results coming from the recreational data collection efforts at NMFS. “The MRIP program isn’t really designed for high resolution state-specific harvest data for recreational species, so some of the management programs we have

RFA member Marty Feuer of Atlantic Beach, NY shows off a keeper striped bass, commonly regarded as one of the “great success stories” of modern fisheries management, in part because of the stable recreational harvest measures in place over the past two decades.


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accountability measure (AM) is actually the management control that prevents annual catch limits from being exceeded, which also includes future mitigation. In other words, an AM is punishment for going over the ACL. Given the fact that an ACL is a rigid numerical limit that’s based on pounds of fish, if an ACL is exceeded according to the government’s recreational data collection efforts - or even projected to be exceeded in any way, shape or form by the recreational sector – the punishment by way of an AM is a closure, a cutback, or direct payment of overage in future seasons. “Basically this means that if the recreational data collection shows anglers overharvested more of the seasonal quota than we were originally allowed, we’ll have to pay that overage back in future quota, a penalty before a new season can even start,” Donofrio said. During the reauthorization of the Magnuson-Stevens Act in 2006, Donofrio argued in opposition to these ACL’s and payback measures, explaining how fisheries managers cannot meet exact weights and

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measures required under such a scheme by simply using random survey data. “It’s a broken law and fatally flawed system, I just hope that members of Congress are beginning to see this picture more clearly now following these hearings,” Donofrio added. REWRITING THE FEDERAL LAW The ongoing congressional hearings on fisheries management issues in 2013 are directly related to the reauthorization of the Magnuson-Stevens Act. First implemented in 1976, the law has been twice been reauthorized by Congress, once in 1996, and again in 2006. This federal law governing many of our coastal fisheries, including recent ‘poster fish’ of government neglect including red snapper, black sea bass, summer flounder and cod, is fairly comprehensive in its attention to the governance of our marine resources. As a result of the Deep Sea Horizon disaster, on September 15, 2010, the Department of Interior, at the urging of President Obama, issued new guidance for the decommissioning of oil and gas rigs in the Gulf of Mexico. As part of the Obama administration’s Idle Iron policy, the directive calls for the removal of all


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inactive oil rigs “as soon as possible but no later than 5 years after the effective date of the guidance.” According to DOI estimates, approximately 650 rigs currently fall under the Idle Iron policy, and within the next 5 years approximately 1,250 of these rigs will be removed from the Gulf. It’s been estimated that more than 1,800 acres of coral reef habitat and several billion invertebrates will be destroyed by this government effort. Undercover video taken from one of the demolition sites and first reported by a Gulf news station showed tens of thousands of dead fish following the explosive destruction of a rig site. The news station itself reported that the federal government is responsible for killing hundreds of thousands of red snapper every year, while also restricting angler access to this particular stock of fish. (See news report and dead snapper at http:// www.youtube.com/watch?v=kYFKLkC7tpE) “Obviously that’s a little counter-productive to what we’re trying to do,” said Subcommittee Chairman John Fleming (R-LA) of the wanton government destruction of this valuable fishery resource by the Department of Interior.

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“We agree completely,” Dr. Merrick said, adding “Unfortunately it’s not something we have regulatory control over.” “Under Magnuson as it exists now we do not have the regulatory authority to prohibit those activities,” Merrick said, adding that NOAA Fisheries instead will “include that as a separate form of mortality in the stock assessment” when the new Gulf of Mexico red snapper assessments are finalized later this year. According to the RFA, the Magnuson-Stevens Act as written does in fact have a clause which could be used to help stop the destruction of vital fish habitat in the Gulf of Mexico. Under Magnuson, each Federal agency is responsible for consulting with the Secretary of Commerce with respect to any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by such agency that may adversely affect any essential fish habitat. Furthermore, the Magnuson-Stevens Act gives the Secretary of Commerce authority to coordinate with and provide information to other Federal agencies to further the conservation and enhancement of essential fish habitat. The Magnuson-Stevens Act further states that if the


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Secretary of Commerce receives information that an action authorized, funded, or undertaken by any State or Federal agency would adversely affect any essential fish habitat identified under this Act, the Secretary shall recommend to such agency measures that can be taken by such agency to conserve such habitat. NOAA clearly has authority under the Magnuson-Stevens Act to oppose federal actions that have an adverse impact on essential fish habitat which is defined as waters and “substrate” necessary to fish for spawning, breeding, feeding or growth to maturity (16 U.S.C. 1802(10)). Substrate includes sediment, hard bottom, structures underlying the waters, and associated biological communities, while Magnuson-Stevens Act defines “adverse impact” as any impact that reduces quality and/or quantity of essential fish habitat (which may include direct or indirect physical, chemical, or biological alterations of the waters or substrate and loss of, or injury to, benthic organisms, prey species and their habitat, and other ecosystem components.) “We don’t even know the extent to which any of this action took place because we don’t even have a Secretary of Commerce,” Donofrio said. “When John Bryson stepped down last summer under rather dubious circumstances, President Obama failed to appoint a new head of the Commerce Department, it’s a rudderless ship with no captain and a crew which has recently been jumping aboard life rafts.” For Gulf anglers who are facing fewer and fewer days on the water because of a stock size which hasn’t grown to its rigid legal limit, the fact that perhaps millions of

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pounds of red snapper are being removed from the stock because of government negligence is not satisfactory.

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congressional testimony on May 21, “in my estimation the MRIP program has directly addressed the concerns noted in the NRC report and is now a complete statistical “Clearly, using explosives to dis- system with a sound scientific bamantle decommissioned oil rigs sis.” destroys the biological community associated with the rig and the kills As a normal, private sector Amerithe fish in the immediate area that can who is as frustrated as I am are using the waters for feeding with the state of our government, and growth to maturity at a mini- that’s a strange disconnect bemum, and therefore would qualify tween the two statements, don’t as an adverse impact on essential you think? I mean, is it mission acfish habitat,” Donofrio said. complished with MRIP, or is there still work to be done? And if a gov“Commerce Department attorneys ernment official said that he wouldgo to great lengths to weasel out n’t be ready for a peer-review for of the requirements for better data another three years, yet one of the collection, but the apparently won’t peer-reviewer believes that everydo anything to help protect essen- thing is hunky dory today, does tial fish habitat and coastal re- something just not sound entirely source,” said Donofrio. “Funny if right? MRIP shows anglers going over our ACL, the government shuts us Perhaps the answer could be down. Wouldn’t it be ironic if we found by clicking here on Dr. could shut down our federal gov- Breidt’s financial disclosure docuernment for killing too many red ment filled out prior to testifying snapper?” before Congress. Apparently, after having found on these fatal flaws There are times, dealing with the in the original recreational data colbloated and broken bureaucracy of lection program in 2006, Dr. Breidt federal government, when the staff and his university have collected at the RFA often considers a com- more than $160,000 in federal plete government shutdown a grants and contracts directly from pretty good idea. Consider this fi- the Department of Commerce to nal piece of dialog from the May 21 help create the new MRIP initiative. hearing in Washington DC which pretty well summarizes that per- Conflict of interest? Perhaps. But spective. in Washington DC, that’s what the game is all about. When Rep. Pallone asked if NMFS would support a new National Re- So if the 7-year mission since the search Council review of MRIP, Dr. reauthorization of MagnusonMerrick essentially said not right Stevens was to destroy the recreanow, but only “once it’s fully imple- tional fishing industry through govmented in the next few years.” ernment neglect, well then I guess NMFS is correct – mission accomOn the other hand, Dr. F. Jay Breidt plished! of the Department of Statistics and Colorado State University and Click Here to view the House Natumember of the 2006 National Re- ral Resources Committee hearing in search Council panel said in his its entirety,


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When he isn’t busy taking care of RFA business he can sometimes be found catching dinner.,

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I AM THE RFA The Rupli family of McLean, Virginia love saltwater fishing. That’s why they belong to the RFA. Will Rupli (11), (far left in photo) is the second of Tim and Linda Rupli’s four kids. His 13 year old brother, Tim, Jr., and sisters Noelle (9) and Jordan (7) all enjoy fishing, from offshore salt water to spring creek sea trout. They live in McLean, Virginia and primarily wade fish for small mouth bass behind their house in the Potomac River, but also fish for stripers on the Miles River in Easton, Marlyand, and sailfish, kings, snook and cobia out of Jupiter Inlet, Florida.

ry. He was overheard saying “this is the best day of my life. Be careful and get her back in the water as soon as possible.” Tim Rupli is no stranger to big fish, having caught a grander blue marlin off Kona, Hawaii in 2007, and numerous whites, blacks, sails and the occasional tarpon on fly. He and his wife, Linda are avid RFA Supporters, and Tim Rupli has served on the RFA’s advisory board.

Will’s first Sail Fish was hooked Rupli, who by his Dad served in the (right) with CapReagan and tain Tory Turney elder-Bush Adon the Reel Acministrations, tion off Palm and since Beach, less than 1992 has been a mile from Sailconsidered fish Marina. The one of the father-son team most effective spotted the fish lobbyist in in the baits and Washington, got a great take DC, said “we when it hit a cirknow a lot of cle hook rigged the great folks live bait suspendin Washington ed from a and around the kite. The 11 year USA and world old, who earned his who care deeply stripes as a young boy about sport fish conserfighting Cobia and massive Jupiter Inlet snook fought vation. None are more dedicated and single minded the sail, his first, to the boat after approximately twenin protecting the resource and our right to fish than ty minutes of give and take and some memorable the RFA . That’s why we chose to join and support jumps and tail walking. RFA.” As it was the Will’s first Sail Fish, Captain and proud Rupli said son Will’s sailfish is the biggest catch to date Dad gently maneuvered the fish in to the cockpit for a among the four kids, and has set off quite a competipicture before successfully releasing the awesome petion with older brother Tim, Jrx and the girls making lagic. The smile on Will’s face tell most of the stoplans for besting Will’s record.


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Summer 2013


Making Waves |

Summer 2013

Page 33

RFA CHAPTER NEWS Reports & Updates from RFA State Chapters and Regional Directors

RFA-California Update Jim Martin RFA West Coast Regional Director flatland@mcn.org

Jaque Hostler Appointed to California Fish & Game Commission RFA-NorCal congratulates Jacque Hostler for her appointment by the Governor to the Fish and Game Commission! We've worked with Jacque during the north coast MLPA process, when she was a stakeholder representative from the Trinidad Rancheria. As a tribal rep, she reached out to the non-tribal fishing community and worked with us to make sure the no-fishing zones were limited and respected everyone's interests. The Trinidad Rancheria owns and operates a public launching facility at Trinidad Head, on the remote Humboldt County coast. Jaque understands the importance of public access to coastal fisheries to our economy. Jaque is a quick study and has a track record of working with recreational saltwater anglers. She will bring a much needed, and long-overdue, perspective to the Commission from the north coast, which is often neglected as a rural area that is very different than say, Los Angeles. We look forward to working with Jaque as we have in the past. She has our full support!

Abalone Regulations for 2013-2014 will be decided on June 26th in Sacramento Abalone divers should be aware that the state is considering major changes to the regulations this month. The Fish & Game Commission will be making a final decision at their next meeting, starting at 10am on June 26th at the, Department of Consumer Affairs 1625 North Market Boulevard, Sacramento, CA. The range of options can be found here: http://www.fgc.ca.gov/regulations/2013/29_15ntc.pdf RFA-NorCal has been working closely with Sonoma County Abalone Network (SCAN) on this issue, for the past several

years. Here is a report from SCAN that reflects what occurred at the last meeting of the Fish & Game Commission regarding abalone: Milo Vukovich, SCAN President, provided testimony to the Fish and Game Commission at their May meeting in Los Angeles. The Department of Fish and Wildlife is considering potential reductions in harvest due to the declining population densities in Sonoma County – mostly due to the die-off at Fort Ross, but also because of trends that appear to have been occurring before that. One serious concern is the lack of recruitment since the early 1980s, when a huge recruitment event occurred and provided us with the tremendous fishery we enjoy today. The Abalone Recovery and Management Plan (ARMP) requires that we reduce harvest by 25% in addition to a yearround closure to the Fort Ross index site, which was the center of the die-off. There are many ways to achieve a reduction in the fishery, and SCAN has been consulting with DFW, divers and local businesses on how to best achieve this reduction without ruining the fishery or causing unneeded hardship on the local north coast businesses that provide many economic benefits to the north coast. Milo pointed out that over the last ten years, abalone license sales have already declined by 20%, and there's been an even more drastic decline in the last three years. SCAN opposes a reduction in the annual bag limit, but recognizes the impact of the die-off, and the fact that if Sonoma County abalone densities decline further, the result will be more area closures, and possibly a closure of the whole fishery. SCAN supports an 8am start time, to address the concerns from enforcement about illegal activity at o'dark thirty. This regulation, we feel, will result in a 25% reduction in harvest. The problem is, intertidal populations are not included in the surveys on abalone population densities – which occur in sub-tidal depths. Densities at those depths have dropped, according to DFW surveys, to a level that are close to where they have to shut down the fishery in Sonoma County. Again, it is important to state that this is not due to overharvest – it is because of the die-off. Reports from our SCAN


Page 34 members confirm that Sonoma County ain't what it used to be. Sure, there are areas like Sea Ranch that continue to be healthy, but if Sonoma County doesn't get a rest, it could cascade into a domino effect of area closures. In order to address this problem, Milo proposed an annual bag limit of 24 a year, only 9 of which may be taken south of Mendocino County. SCAN supports this reduction because we are really close to shutting down the south coast if we see further declines there. Maybe even the whole fishery, under the ARMP. The die-off screwed us. At the same time, SCAN endorsed a two-year sunset date on these regulations. Needless to say, all estimates for achieving a 25% overall reduction in the abalone fishery are based on guesses. We feel we need to take a precautionary approach, because if these regulations don't result in reduced pressure in Sonoma and Marin Counties, we may have even more drastic reductions in the future. We are standing on behalf of the resource at the end of the day. By the same token, if the regulations go too far, and the effort is reduced by more than 25%, we can come back and ask for relaxed and expanded diving opportunity. SCAN has established credibility with the Commission and the Department by standing up for the resource. The Commissioners asked the Department to narrow the range of options, which are wide at this point. SCAN will work with the Department to craft a preferred alternative that we can live with. What we are looking at now is an 8am start time , 3 abalone a day, annual bag of 24, only 9 of which may be taken south of Mendocino. There is a year -round closure at the Fort Ross index site and a 2-year sunset date on these regulations. Process to review the survey methodology, population density triggers to amend the ARMP SCAN hopes abalone divers will support us in this effort, even if you don't agree with us on particular options. SCAN is dedicated to doing what's best for the resource. If you feel differently, or if you support these options, now is the time to write and send your comments to the Fish and Game Commission. They will be voting on these options at their meeting in Sacramento on June 26th or 27th. Get your comments in by June 16th to be included in their binders. Bottom line: SCAN supports a total review of the ARMP, the survey methodology and the assumptions behind the "triggers" in the population density levels that have forced us into this situation. Without a 2-year sunset date on these regulations, we won't have an incentive to work toward this ultimate goal.

Mid-Atlantic Update Jim Hutchinson The Push Against Punitive Measures On Every Coast On Wednesday, June 12 at 9 a.m., the Mid Atlantic Fishery Management Council (MAFMC) was taking up action on an Omnibus Recreational Amendment to evaluate alterna-

Making Waves |

Summer 2013

tives to the current accountability measures (AMs) in place for the recreational Atlantic mackerel, bluefish, summer flounder, scup, and black sea bass fisheries. A draft document finalized in April and up for review by the MAFMC effectively helps address issues with in-season closures and payback of recreational overages in quota based on harvest data collected by NOAA Fisheries within the recreational sector, and issue brought up frequently by the Recreational Fishing Alliance (RFA) during the past 7 years. The draft document represents that MAFMC is reconsidering an earlier 2010 position that paybacks of recreational overage be required under all circumstances. Given the fact that “recreational fisheries are inherently uncertain in

that catches are estimated through a statistical methodology rather than tallied under a mandatory reporting framework as occurs in federally managed commercial fisheries,” MAFMC members are set to discuss other options to these restrictive measures as they’ve been currently implemented. According to the proposed amendment and environmental assessment which MAMFC will discuss, “paybacks may

not be an appropriate approach for recreational overages, especially on healthy fish stocks.” MAFMC also calls such accountability measures “primarily punitive in nature” and “more suitable for stocks undergoing rebuilding.” “None of the Council’s recreational fisheries is overfished, nor is overfishing occurring for any of these fisheries ,” the MAFMC draft document states. MAFMC’s renewed attention to this particular issue resulted from a December 12-13, 2012 MAFMC meeting when the specific issue of black sea bass management as it relates to AMs and annual catch limits (ACL’s) was brought before members, as new Northeast Regional Administrator John Bullard noted specifically that the federal government may actually be closing down a fishery because the stock is simply too healthy. “So I’m scratching my head saying we’re closing the fishery ‘cause there’s too many fish, so that doesn’t make sense, right?” Bullard noted from a previous conversation with MAFMC member Tony DiLernia of New York. “And in 2014 that’s what we’d be doing,” Bullard said, adding “and so this is the problem we have to solve.” As Bullard discussed with other members of the MAFMC in December, the rigid ACL/AM measures in the recreational sector as mandated under the council’s 2010 decision would ultimately lead to zero fishing in 2014 because of the sheer numbers of black sea bass now in the population. “If you have a zero because there’s no fish, that’s hard, but at least you could explain it,” Bullard said. “If you’re doing that because there’s too many fish, right, then how do we go before people and say we’re all in the business of managing the fishery, we have a zero quota because there’s too many.”


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Summer 2013

RFA has long argued against the use of such rigid ACL/AM restrictions in the recreational sector due to NOAA Fisheries’ data limitations in monitoring and estimating performance of saltwater anglers, the renewed debate on the absurdity of ACL/AM’s in the recreational in New Jersey could be good news for anglers on many regional fronts. “We've been relatively lucky in the Mid Atlantic to this point as compared with recreational fishermen in other parts of the country," said RFA executive director Jim Donofrio last October following word of growing access issues with both sea bass and red snapper. "Our members in the South Atlantic were just given 6 days to fish for red snapper since 2010 where we've actually lost days in the Gulf of Mexico, which is mind-boggling considering the history and importance of red snapper to the recreational sector," Donofrio said at the time. RFA believes this is good news that MAFMC is hoping to revisit the ACL/AM issue, but said the real blame for this fisheries absurdity belongs to the U.S. Congress. “The 2006 reauthorization of the Magnuson-Stevens Act introduced these rigid new measures which result in anglers actually fishing fish less as the fish populations get healthier,” said Donofrio. “We’ve fought for seven years trying to get Congress to recognize the importance of

Page 35 providing limited flexibility around these arbitrary deadlines and damaging ACL requirements, yet all we got from legislators was that the enviro’s ‘like it’ this way.” Since 2007, RFA has lobbied for federal legislation to incorporate limited management flexibility into the federal fisheries law, specifically the Flexibility and Access in Rebuilding American Fisheries Act which would’ve effectively dealt with rebuilding timelines, rigidly enforced ACL's and accountability measures, while also requiring a full review of the NOAA's recreational data collection by the National Research Council (NRC). In testimony before the House Natural Resources Committee on May 21 of this year, Dr. Richard Merrick, chief science advisor for NMFS told members of Congress that the NRC recommendations had been addressed and that a new Marine Recreation Information Program (MRIP) had replaced the Marine Recreational Fishing Statistical Survey (MRFSS) as required under Magnuson-Stevens. “MRIP estimation methods were implemented in 2012,” Dr. Merrick told House members of the Subcommittee responsible for fisheries, wildlife and oceans issues. “The only thing that has not been implemented are some of the new survey methodologies, and those are continuing to evolve.” However, at the MAFMC meetings in December, Assistant


Page 36 Regional Administrator for NOAA Fisheries’ northeast office, George Darcy, responded to a question posed by one council member as to NMFS’ decision to use MRFSS to monitor black sea bass harvest in 2012 by saying “the reason we use MRFSS to monitor the 2012 harvest limits is because MRFSS data were used to set the harvest limits.” Donofrio said there’s a major disconnect between what gets mandated by Congress and what actually takes place inside the federal government, and even how the government responds to Congress in sworn testimony. “Some of our friends in the national marine trades industry had confidence from the start that their old buddies working at the federal fisheries agency would get their job done in time to meet the federal requirements for recreational paybacks and punishments, but the truth is that this was a train wreck from the start,” Donofrio said. “We’re going to need this Congress to fix what an earlier Congress broke, because we sure as heck can’t wait for NOAA to get the job done,” Donofrio said. In a letter to MAFMC dated May 21, 2010, RFA specifically cited problems with MRFSS/MRIP as reasons why fisheries managers should go against in-season adjustments and other rigid accountability measures (click here to view the letter.)

Gulf Coast Update Capt. Tom Adams RFA Forgotten Coast Chapter RED SNAPPER MADNESS CONTINUES A federal judge in Brownsville, TX has ruled in favor of the Texas Parks and Wildlife Department (TPWD) and the Louisiana Department of Wildlife and Fisheries (LDWF) in a joint lawsuit brought by both agencies challenging an emergency regulation enacted by the federal National Marine Fisheries Service (NMFS). The ruling means that the 2013 recreational red snapper fishing season in federal waters will be longer than it would have been under the emergency rule. On February 8, over the strong objections of state agency representatives from Louisiana, Texas, and Florida, the Gulf of Mexico Fishery Management Council (Council) voted to implement an emergency rule that could shorten the recreational red snapper fishing season in federal waters off the Texas, Louisiana, and Florida coasts, while extending the seasons in federal waters off the Alabama and Mississippi coasts. Just weeks later, on April 18, the Gulf council voted 8 to 7 to overturn the emergency rule, in effect reversing the February 8 vote. However, NMFS declined to rescind the original emergency rule as requested by the April 18 vote.

As published in the federal register on March 25, the emer-

Making Waves |

Summer 2013

gency rule would empower the NMFS southeast regional administrator to reduce the red snapper season in federal waters off Texas, Louisiana and Florida since those states had set seasons in state waters that were different than the seasons in federal waters. In Texas, federal waters begin nine nautical miles from the state's coast and extend 200 nautical miles. The joint lawsuit alleged that there was no emergency to justify the proposed rule. The last stock assessment indicates red snapper recovery remains on track. The two states also alleged that the emergency rule violates the federal policy of cooperative federalism by improperly attempting to regulate the red snapper season in state waters. The lawsuit also alleged that the emergency rule violated federal law by discriminating against anglers and charter boat operators. The Texas court decision reflects the position taken by the Recreational Fishing Alliance (RFA) in a May 16 letter to NOAA Fisheries and copied to key Members of Congress, stating that management measures were not being applied fairly among all fishermen in the red snapper fishery and asking to rescind the rule giving NMFS authority to force federally permitted vessels to abide by the draconian federal restrictions, even when fishing in state waters, or risk losing their federal license. Click here to download a copy of RFA’s May 16, 2013 letter. In April, the Gulf Council voted to rescind emergency rule 30B (78 FR 17882), but NOAA Fisheries responded by calling the vote “not warranted” and therefore unrecognized by the fisheries agency. Capt. Tom Adams, chairman of the RFA’s Forgotten Coast Chapter and a Mexico Beach charter boat captain, said NOAA’s outright defiance would have grave economic impact on the local businesses which function by taking anglers fishing. “The only thing they will accomplish is to further distress the already hurting economies in all Gulf States and destroy the charter for-hire industry which only operates to take recreational fishermen fishing,” Adams said. “The families and children, while on summer vacation, will be hurt the most.” “Is there really any reason for a Gulf Council, and to pay all these expenses and salaries if the Regional Administrator is only going to make all final decisions,” Adams asked. Fellow RFA-FL angler and advocate Capt. Buddy Bradham had similar questions about NOAA’s recent position, asking “Does Mr. (Roy) Crabtree not understand that the northern Gulf of Mexico is still recovering from the disaster of the oils spill and by not signing these emergency rules he is causing a huge economic impact to this area?” “He shows by not signing this rule, he does not have a problem causing an economic failure,” Bradham added.


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Summer 2013

Both captains, Adams and Bradham, are set to attend the June meetings of the Gulf of Mexico Fishery Management Council when members will meet to review a series of actions. On behalf of the RFA’s Forgotten Coast Chapter along the Florida panhandle has already submitted a letter to the Gulf Council on behalf of coastal anglers, asking members to focus on the key issues to help conserve the red snapper resource while also allowing continued angler access, including votes related to a move to regional management measures, analysis of the commercial-recreational allocation of red snapper, more stability in recreational regulations and the ongoing issue with oil rig removal and the destruction of essential fish habitat in the Gulf. “Until we can get the Magnuson-Stevens Act sensibly and responsibly amended on behalf of both the fish and our fishermen, our only hope is for better stock assessments (more frequent assessments as planned now for 2014), improved recreational data collection, regional management implemented at this meeting (including rescinding 30B), and to get the allocation right where the recreational charter for-hire and headboat sectors are once again fishing and supporting our coastal economies,” Adams wrote in his letter, adding “RFA Forgotten Chapter believes these items must be the priority for the Council at their June 2013 meeting. These items must be discussed and voted on.”

Page 37 Adams went on to add that “All other items such as headboats exempted special permits, sector separation, for-hire days at sea, intersector trading and the likes can be postponed to future meetings if necessary.” Click here to view Capt. Adams comments to the Gulf Council.

Watch these pages for more State Chapter updates in future issues.


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The RFA Mission   

Safeguard the rights of saltwater anglers Protect marine, boat and tackle industry jobs Ensure the long-term sustainability of our nation’s fisheries.

Anti-fishing groups and radical environmentalists are pushing their agenda on marine fisheries issues affecting you. The Recreational Fishing Alliance (RFA) is in the trenches too, lobbying, educating decision makers and ensuring that the interests of America’s coastal fishermen are being heard loud and clear. Incorporated in 1996 as a 501c4 national, grassroots political action organization, RFA represents recreational fishermen and the recreational fishing industry on marine fisheries issues on every coast, with state chapters established to spearhead the regional issues while building local support. “The biggest challenge we face is the fight to reform and bring common sense and sound science into the fisheries management process, says James Donofrio, RFA founder and Executive Director. “Anti-fishing and extreme environmental groups are working everyday to get us off the water.” Despite the threats to diminish access to our nation’s resources, Donofrio says that RFA offers members hope in an organization that’s designed from the ground up to fight back. “As individuals, our concerns will simply not be heard; but as a united group, we can and do stand up to anyone who threatens the sport we enjoy so much – fishing!” After more than a dozen years working inside the Beltway and within state capitols along the coast, RFA has become known as one of the nation’s most respected lobbying organizations, and our members have a lot to celebrate.

The Recreational Fishing Alliance Headquarters Mailing Address P.O. Box 3080 New Gretna, New Jersey 08224 Phone: 1-888-564-6732 toll free Fax: (609) 294-3812 Jim Donofrio Executive Director

Kim Forgach Administrative Assistant

Jim Martin West Coast Regional Director

Jim Hutchinson Jr Managing Director

Gary Caputi Corporate Relations Director

Patrick Paquette National Shore Access Representative

John DePersenaire Policy & Science Researcher

Capt. Barry Gibson New England Regional Director

Cover Background Design: Mustard Seed Graphics


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