The Freedom to Fish Campaign -
A Fight for Reason in Management
By Bob Hayes, CCA General Counsel
During the last few
years, there has been increased interest, primarily in the environmental
and academic communities, in the use of Marine Protected Areas (MPAs) as
a device to manage and restore marine fisheries. With opinions ranging
from complete acceptance to adamant denial, this review addresses the
history of MPAs as we know them and proposes a course of action to
better define them and provide guidelines for their use.
What are MPAs?
At this point, MPAs are not well defined. To many fishery managers
and biologists, MPAs are a reasonable fishery management tool that has
been used in both freshwater and saltwater. Time and area closures to
protect spawning aggregations and to eliminate the use of destructive
gear types are the best known and most effective uses of MPAs. Time and
area closures have been proposed and supported by Coastal Conservation
Association (CCA) for a number of conservation problems and are broadly
supported by the recreational community. Recently, some people in the
environmental community have proposed using no-take MPAs to close all
fishing access in large areas of prime fishable waters. They regard
these no-fishing zones as clean and efficient ways to manage fishery
resources by excluding all uses, including fishing. The logic behind
this argument is that the administrative creation of vast no-fishing
areas will enhance stock recovery and protect large portions of the
biomass, without having to subject these proposals to public process or
comment. In May 2000, President Clinton announced a new federal policy
for the management of the nation's ocean resources - MPAs. The President
signed an executive order which, on its face, did little other than
establish a policy to encourage and promote the use of MPAs. Some
environmental groups heralded the executive order as a new day for ocean
management and announced their objective of establishing 20 percent of
the nation's oceans as MPAs. This campaign has accelerated since with
specific no-fishing zone proposals in Florida, California and New
England. Currently, there is nothing that clearly defines the types and
uses of MPAs. More importantly, there are no hard guidelines and
standards for implementing, evaluating, monitoring and removing closures
of this nature.
What is the problem with MPAs?
MPAs, as proposed by many in the environmental community, limit
recreational access to a public resource without any demonstrable
benefit to the health of most fishery resources and, so far, with little
public involvement in their creation, implementation and monitoring.
Historically, recreational fishermen have led the fight to conserve
America's marine fisheries. Striped bass, weakfish, redfish, Spanish
mackerel, king mackerel and Atlantic shad are all recovering as a result
of the conservation initiatives and efforts of recreational fishermen.
Without the stewardship of recreational anglers, it is questionable if
any of these species would have been pulled back from the brink of
collapse. Recreational anglers have successfully worked inside the
existing management system to restore and conserve the resource, and
have become one of the largest and most successful advocates for the
resource. Recreational fishermen have worked for years to provide
enhancement of and better public access to the resource. Millions of
anglers' dollars have been spent through the Wallop-Breaux program to
fund resource enhancement programs and projects while increasing angler
access to America's fishery resources. This public involvement has
introduced a level of stewardship and vision to local, state, national
and international fisheries management not seen in prior decades. Where
once fish were valued solely in price-per-pound, now these same
fisheries are measured in the aesthetics of the fishing experience and
have created billions of previously unseen dollars for coastal and
inland economies. CCA is working to ensure that Americans continue to
have access to a healthy, renewable public resource. By working with the
Bush Administration and Congress, CCA is trying to better define MPAs
and to work on a process that will ensure greater public involvement and
transparency in the use of this management tool. CCA supports the
concepts contained in the Freedom to Fish Act (the Act), which has been
introduced in both the House and the Senate (S 1314 and HR 3104). The
Act provides reasonable guidelines for the use of MPAs by fishery
managers and restricts the use of no-fishing zones for recreational
fishermen to instances where all other fishery management tools have
failed to fix the problem. It also requires the resumption of
recreational fishing once the resource problem is corrected. Science
supporting the benefits of broad-based no-fishing zones is largely based
on a single study in Florida of a small area closed to provide security
for NASA base operations at Cape Canaveral. The study concludes that if
an area is closed to all fishing, the fish in the area will grow larger
and the stock will be enhanced. But it ignores the benefits of other
conservation efforts in the area, primarily Florida's commercial gill
net ban, that were spearheaded by recreational anglers. The study has
little scientific basis to conclude there is any benefit to the overall
stock or adjacent fishing areas from a no-fishing zone. Most marine fish
migrate, and to make a no-fishing zone an effective tool, it must be
excessively large. This conclusion is what has lead to the immense
proposed closures off the southern California coast (both inland and
offshore) and the extreme proposal to close virtually every deepwater
canyon off the Eastern Seaboard. The study of the Florida security
closure also does not address the impact of displaced fishing effort on
areas adjacent to these closures. If a large percentage of the public is
excluded from traditional angling areas, those anglers will either
concentrate in outlying areas and likely create new conservation issues
or leave the fishery altogether. Neither of these scenarios is a
positive conclusion.
What is the solution?
The CCA National Board of Directors has concluded that the time to
address no-fishing zones is now, before the concept gains greater
acceptance and specific proposals are imposed on recreational anglers in
multiple states. What we have seen in the closures on the West Coast of
Florida and the Channel Islands of California is that once a specific
proposal is put forward, it is very hard to stop. In addition, the
Administration is committed to working with us to address our concerns.
CCA is committed to passing legislation that will define what MPAs are,
require federal fishery managers to restrict recreational effort only
when traditional regulations (bag, size and seasonal restrictions) are
not effective and, when a no-fishing zone is required, to ensure that a
measurable standard is established to remove the restriction when its
science-based conservation objective is met. Passing federal legislation
to protect recreational anglers' freedom to fish, which at least at the
moment is being opposed by both the commercial and environmental
lobbies, is not the only place MPAs and freedom to fish issues will be
addressed. Our nation's court systems are already loaded with marine
conservation related issues, and this trend is not going to abate
anytime soon. CCA has a legal defense fund that allows members to be
represented in these critical battles. With victories to maintain
bycatch reduction devices in Gulf of Mexico shrimp trawls to and, more
recently, a favorable settlement on a landmark recreational fishing
access case off the Florida coast, this fund is paying off in the proper
conservation of our fishery resources. This year's legal defense fund
request should arrive soon. CCA asks for an annual contribution to fund
the mounting challenges that face our coastal resources and involvement
of recreational anglers who enjoy them. The debate about MPAs and
freedom to fish issues will likely not be solved in one gleaming moment.
Like many significant fishery issues, it will play out in Congress and
our courts. Your contribution to this campaign will help recreational
anglers' voices continue to be a guiding light for focused management.