An overview of the state of billfish conservation
By Bob Hayes
CCA General CounselWe must acknowledge that current
marlin stocks are in terrible condition. The primary cause for the
decline of these stocks can be directly correlated to the growth of
international longlining for tuna and swordfish. Undoubtedly, we have a
problem.
CCA became involved in this issue in the late 1980s, as a result of
the inaction of the federal management system in addressing declining
billfish populations. The thinking, at the time, was that conservation
of billfish only required restrictions on U.S. citizens within U.S.
waters to control the decline. The underlying theory was that if the
United States controlled its market, preventing the sale and import of
Atlantic billfish and controlling the bycatch by its own fleet, the
stock would recover. Regulations were established that required the U.S.
fleet to discard all billfish caught in U.S. waters. Minimum size limits
were put in place for recreational fisherman, and billfish were declared
the first federal, marine gamefish. U.S. landings of billfish both
recreationally and commercially have now dropped to a point where
present landings of marlin do not exceed 200 fish. U.S. commercial
mortality for white marlin dropped to about 50 metric tons or about five
percent of the total Atlantic mortality.
It was a great plan, but it did not work.
It became clear through the 1990s that the level of catch by domestic
vessels was only a small percentage of the total mortality for Atlantic
billfish stocks. Recreational fisherman began to see a further decline
in abundance, especially in white marlin. This led to an outcry from
recreational groups and some discussions with the National Marine
Fisheries Service (NMFS) to address the problem.
Congress intervened with changes in the Magnuson-Stevens Fishery
Conservation and Management Act and the Sustainable Fisheries Act in
1990. Ultimately, NMFS organized the Highly Migratory Species Office in
1997 and began progress toward a solution.
The proposed solution was a set of regulations published in the
spring of 1999 and the summer 2000. The regulations addressed longline
bycatch by closing large sections of federal waters to the commercial
fleet. The theory behind the closures was based on the idea that there
are identifiable hot spots in the ocean where the bycatch from longline
fleets is significantly higher, and these exclusionary areas could serve
as a conservation tool to decrease the bycatch of juvenile swordfish.
Unfortunately, for this idea to work, there had to be an overlap of
the closed areas and displacement of the longline vessels had to
minimized. Ironically, NMFS' rule actually increased the destructive
bycatch of marlin, sharks, turtles and marine mammals, and incensed
recreational fishermen to the point CCA and The Billfish Foundation
filed suit challenging the regulation. The suit, which has been joined
with suits by the National Coalition for Marine Conservation and other
environmental groups and longliners, is now awaiting a decision in
Federal District Court. Each plaintiff in these suits is asking the
court to return these regulations to NMFS to reevaluate the size and
impact of the closed areas.
In addition to current administrative efforts, there was a concerted
effort to accomplish some measurable conservation internationally.
Beginning in the mid-1990s, there was a realization that growth in both
the size and efficiency of international longline fleets was having a
continued detrimental effect on the health of marlin stocks. There was
no question that the fleets were having a greater negative biological
impact. As the use of the gear type increased in both the tuna and
swordfish fisheries, so did the bycatch of marlins.
In the last five years, three international agreements have set the
framework for what could be a solution to the problem of longline
bycatch. The first is a set of agreements to hold both member and
non-member countries of the International Commission for the
Conservation of Atlantic Tuna (ICCAT) accountable for conservation
restrictions.
In 1999, there was a recovery plan for swordfish established. This
plan was largely the result of U.S. leadership at ICCAT. It could not
have been accomplished without the sacrifices of the domestic longline
industry, which understood the need to have recovery plan that worked.
As important as a recovery plan is for swordfish, ironically swordfish
recovery could only further the decline of marlin stocks.
Therefore, the most significant agreement from a recreational
standpoint was accomplished last year when ICCAT agreed to begin to
reduce the mortality of marlin and develop a recovery plan for them in
2002. The recovery plan will be the first attempt by ICCAT to develop
and plan for something of no commercial value to most of the member
countries. The challenge is to provide realistic and constructive
management measures that can be implemented by the international
longline fleet and enforced.
Finally, there was the attempt in the last Congress to put a bill
together that addressed what many people thought were the four elements
required to solve the problem - reduction of effort in the longline
fleet, closed areas to reduce bycatch, research to modify gear and/or
fishing practices to reduce bycatch, and development of a bycatch-reduction
program that could be implemented internationally.
The effort failed primarily because of the difficulty in getting
agreement on which measures were necessary and the federal funds to
complete the buyout.
Where are we now?
Federal management of billfish is only thirteen years old, and
international management has only just begun. Clearly, there has been a
decline in the abundance of both blue and white marlin, and the ultimate
results are very uncertain.
Both domestic and international management entities seem to have
agreed on the problem - longline gear is catching billfish and other
species at a rate greater than that required to keep the stock in
equilibrium.
We have learned that the problem is international and cannot be
solved by simply restricting U.S. activities. That is not to say the
restrictions at home do not help internationally. They do. But, a
domestic strategy without a clear international strategy will likely
only result in further decline of marlin.
We have learned that the solutions to our problem are largely based
on the science at hand. Internationally, ICCAT becomes engaged when the
scientists identify a problem. Once identified, the scientific community
develops a solution, and within negotiated parameters, ICCAT adopts a
series of recommendations to address the problem. Clearly, the key to
success in management is ICCAT's science committee. Without it, the U.S.
has only its own presence to convince others of the legitimacy of its
cause.
The problem with white marlin stocks - as is the case with all
marlins- is centered in international longline harvest. In the next
year, measures put in place internationally to reduce white and blue
marlin landings will begin to take effect. In addition, domestic efforts
looking at ways of reducing the take of marlins by longlines are under
discussion in Congress. Increased management and new scientifically
supportable measures will be the catalyst needed for a dramatic recovery
of white marlin.