AR133

An Assembly Resolution urging Congress, the President, and the National Oceanic and Atmospheric Administration to take certain action regarding federal fisheries management.

Whereas, Recreational fishing is a vital part of American coastal communities, providing important social, economic, and recreational benefits to millions of anglers; and

Whereas, In 2011, 8.9 million saltwater anglers spent $10.3 billion on fishing-related expenses, generated $70 billion in sales impacts, and supported 455,000 jobs in the national economy; and

Whereas, Recreational salt-water fishing in the United States is governed primarily by the “Magnuson-Stevens Fishery Conservation and Management Act” (MSA); and

Whereas, The law, which was first passed in 1976, and reauthorized in 1996 and 2007, was created to eliminate competition from foreign fishing fleets, rebuild overfished stocks, and conserve and manage fishery resources, and is currently being considered for reauthorization by the current Congress; and

Whereas, The law established eight regional councils, which set fishery management measures, such as fishing seasons and harvest limits, to ensure that fisheries are not overfished; and

Whereas, Although the MSA has been highly successful at rebuilding the nation’s depleted fish stocks and preventing overfishing, inflexibility in the law has had adverse effects on coastal economies; and

Whereas, In 1996, Congress amended the MSA to require that overfished stocks be rebuilt in as short a time period as possible, not to exceed 10 years, with limited exceptions; and

Whereas, This rigid and arbitrary time limit has lead to drastic restrictions on harvest limits and fishing seasons in fisheries across the country, such as the Georges Bank cod fishery in New England and the red snapper fishery in the Gulf of Mexico; and

Whereas, The 10-year limit precludes the regional councils from considering important social and economic impacts, and inflicts unnecessary harm on coastal economies; and

Whereas, Providing the regional councils with flexibility in setting rebuilding timelines will ensure conservation and allow for greater access to healthy stocks of fish, thereby minimizing the adverse economic impacts of rebuilding fisheries; and

Whereas, In addition to requiring inflexible rebuilding timelines, the MSA also requires the regional councils to base their management measures on questionable estimates of the total number of fish caught by anglers during the season; and

Whereas, Since 1979, the National Oceanic and Atmospheric Administration (NOAA) has obtained the information needed to calculate these questionable estimates through surveys, conducted as part of its Marine Recreational Fisheries Statistics Survey (MRFSS); and

Whereas, The MRFSS employs a combination of random telephone interviews and in-person intercepts at marinas and other fishing sites to obtain information on fishing trips and catches; and

Whereas, In 2004, NOAA contracted with the National Research Council (NRC) of the National Academy of Sciences to review the methods used to collect and analyze recreational fishing data; and

Whereas, According to the NRC’s report, both the random telephone interviews and in-person intercepts had serious flaws in design and implementation, and were not adequate to support accurate stock assessments and good management decisions; and

Whereas, In response to the report, Congress amended the MSA in 2007 to require NOAA to implement a new data collection program, consistent with the NRC’s recommendation, that included a greater number of in-person intercepts, and phone surveys that targeted anglers registered at the state or federal level; and

Whereas, In 2008, NOAA implemented the Marine Recreational Information Program to address the NRC’s concerns, and provide more accurate recreational fishing data; and

Whereas, Over five years later, despite the new program, NOAA has failed to implement many of the NRC’s recommendations and has postponed the improved data collection measures mandated by Congress in the MSA; and

Whereas, It has been asserted that NOAA fails to utilize New Jersey’s own database of recreational fishermen in the State, known as the New Jersey Saltwater Recreational Registry Program, when conducting surveys, and refuses to utilize important recreational fishing industry data, such as receipts, fares, and fuel sales, that may provide more accurate estimates; and

Whereas, Successful management of marine fisheries and, thus, the vibrancy of coastal economies, depends on having clear, reliable, and well-documented information; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. This House urges the Congress and President of the United States to reauthorize and amend the “Magnuson-Stevens Fishery Conservation and Management Act,” to allow for greater flexibility in fisheries management.

2. This House further urges the National Oceanic and Atmospheric Administration to fully implement improved data collection measures as required in the 2007 reauthorization of the “Magnuson-Stevens Fishery Conservation and Management Act.”

3. This House further urges Congress to initiate an independent, non-partisan review of the Marine Recreational Information Program to evaluate the accuracy, precision, and timeliness of recreational fishing data.

4. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President of the United States, the Administrator of the National Oceanic and Atmospheric Administration, the Speaker and Minority Leader of the United States House of Representatives, the Majority and Minority Leaders of the United States Senate, the members of the New Jersey Congressional delegation, and the Commissioner of the New Jersey Department of Environmental Protection.

STATEMENT

This resolution urges Congress, the President, and the National Oceanic and Atmospheric Administration to take several actions regarding federal fisheries management.

Recreational fishing is a vital part of American coastal communities, providing important social, economic, and recreational benefits to millions of anglers. Recreational salt-water fishing in the United States is governed primarily by the “Magnuson-Stevens Fishery Conservation and Management Act” (MSA). The law, which was first passed in 1976, and reauthorized in 1996 and 2007, was created to eliminate competition from foreign fishing fleets, rebuild overfished stocks, and conserve and manage fishery resources. The MSA establishes eight regional councils, which set fishery management measures, such as fishing seasons and harvest limits, to ensure that fisheries are not being overfished.

Although the MSA has been highly successful at rebuilding the nation’s depleted fish stocks and preventing overfishing, inflexibility in the law has had adverse effects on coastal economies. In 1996, Congress amended the MSA to require that overfished stocks be rebuilt in as short a time period as possible, not to exceed 10 years. This rigid and arbitrary time limit has lead to dramatic restrictions on harvest limits and fishing seasons in fisheries across the country. It precludes regional councils from considering important social and economic impacts, and inflicts unnecessary harm on coastal economies. This resolution would urge Congress and the President to reauthorize and amend the MSA to allow for greater flexibility in fisheries management.

In addition to requiring inflexible rebuilding timelines, the MSA also requires regional councils to base their management measures on questionable estimates of the total number of fish caught by anglers during the season. Since 1979, the National Oceanic and Atmospheric Administration (NOAA) has obtained the information needed to calculate these questionable estimates through surveys, conducted as part of its Marine Recreational Fisheries Statistics Survey (MRFSS). The MRFSS employs a combination of random telephone interviews and in-person intercepts at marinas and other fishing sites to obtain the relevant data.

In 2004, NOAA contracted with the National Research Council (NRC) to review the methods used to collect and analyze recreational fishing data. According to the NRC’s report, both the random telephone interviews and in-person intercepts had serious flaws in design and implementation, and were not adequate to support accurate stock assessments and good management decisions. In response to the report, Congress amended the MSA in 2007 to require NOAA to implement a new data collection program, consistent with the NRC’s recommendations. However, over five years later, despite the new program, NOAA has failed to implement many of the NRC’s recommendations and has postponed the improved data collection measures mandated by Congress in the MSA. This resolution would urge NOAA to fully implement the improved data collection measures, and it would urge Congress to initiate an independent, non-partisan review of the MRIP program to evaluate the accuracy, precision, and timeliness of recreational fishing data.