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United in Conservation 

CCA General Counsel

Bob Hayes

        Robert G. Hayes retired in 2007 as a partner in the Washington DC office of Ball Janik. He is an alumnus of Boston University and received his law degree from Catholic University. After serving as a U.S. Army Infantry Lieutenant, he went on to serve as an attorney for both the National Oceanographic and Atmospheric Administration (NOAA) and for the National Marine Fisheries Service (NMFS). During that time, he was NOAA’s Southeast Regional Counsel and NMFS’ Deputy General Counsel. Hayes’ vast international experience also started with his work in NMFS. During his time as Director of the NMFS Office of Industry Services, he negotiated for the U.S. on bilateral fishery negotiations with Japan, Korea, Spain, France and Portugal. He went on to serve as a member of the U.S. delegation on the U.S. - Japan Subcabinet Committee on Trade, and was the White House-appointed Recreational Fisheries Commissioner for the International Commission for the Conservation of Atlantic Tunas (ICCAT).

The Magnuson-Stevens Fishery Conservation and Management Act is the overarching law that manages America’s marine fisheries. It was first passed in 1976, was reauthorized in 1996 and again most recently in 2006.

Throughout its 30-plus-year history MSA has been dogged by a persistent problem that affected both recreational and commercial fisheries – its inability to end overfishing. Federal fisheries were allowed to limp along from one year to the next, under management plans that had only very small chances of actually recovering overfished populations.

As a result, when MSA was reauthorized in 2006 it put in place the strictest legal mandates ever seen in fisheries management in an effort to finally put an end to the intractable problem of overfishing. Among the unprecedented requirements was the cessation of all overfishing in U.S. waters by 2011 and the rebuilding of overfished species within a time certain. For the first time ever, ending overfishing had a firm deadline. In the quest for the robust, sustainable resources sought by recreational anglers, the new provisions of MSA seemed like the recipe, at last, for proper conservation of our marine resources.

Though the new MSA mandates may be the recipe for good conservation, in combination with an agency that has utterly failed to properly manage our marine resources they are causing real short-term hardship. Users of the resource are rightfully irate at the prospect of closures for popular species, but have misdirected their ire at the new provisions of MSA, rather than at the agency which has failed to competently discharge its duties under the law.

A veritable train wreck is upon NOAA Fisheries as a result of its dearth of data and lack of effort to manage recreational fisheries. A train wreck that will crash into the recreational angling community in full force in the coming months unless a reasonable, workable solution is implemented to address the roots of the problems in federal fisheries management.

CCA News

The Fishery Management Illusion Continues - Jan. 12, 2012

The illusion continues for NOAA Fisheries.

Last year the agency boldly announced it had ended overfishing. This week, the agency proudly announced that annual catch limits are now in place for most federal fisheries. Wonderful news, if either proclamation had roots in fact or could possibly translate into any good result.

Unable to muster the science to manage to the very high threshold specified by the Magnuson Stevens Act, NOAA Fisheries declared victory without even running the race. It ended overfishing and put a catch limit on every stock under management. On paper. And environmentalists cheered.

Recreational anglers are not cheering.

Taking Flak - Dec. 15, 2011
From The Saltwater Sentinel – the Newsletter of the Center for Coastal Conservation
By Jeff Angers
President
Center for Coastal Conservation

It is easy to see why federal fisheries management is in the shape it is in.

On one side of the debate is a completely obstinate environmental community that refuses to budge even an inch to address a train wreck in federal fisheries brought on by some provisions of the 2006 reauthorization of the Magnuson Stevens Act. On the other extreme is a recreational group involved in a coalition of charter and commercial fishing entities that takes a wildly different view from the environmental community.

In between and catching flak from both sides is a coalition of responsible fishing and boating groups working to find a way to address problems in federal fisheries management that doesn’t leave anglers at the dock, while remaining committed to conservation of our marine resources.

Federal fisheries legislation in the spotlight - Dec. 1, 2011
Robert G. Hayes, one of the most respected voices on state, federal and international fisheries management issues, is among those invited by U.S. Rep. Doc Hastings (R-Wash.), chairman of the House Committee on Natural Resources, to appear before a hearing of his committee on Dec. 1 and offer testimony on a number of bills that stand to impact federal fisheries management. Hayes will be testifying as the recreational fishing representative on the panel. Other participants include: Rick Marks, Hoffman Silver Gilman & Blasco; Capt. Robert Zales, National Association of Charterboat Operators; Chris Oliver, North Pacific Fishery Management Council; Mike Colby, Double Hook Charter Boat; Peter Shelley, Conservation Law Foundation, and Eric Schwaab, assistant administrator of the National Marine Fisheries Service.

Bob Hayes' Submitted testimony

Video of the House Committee Hearing

Legislation to Avert Unnecessary Fishing Closures Gathers Senate Support - Nov. 29, 2011
WASHINGTON, D.C. – Nov. 29, 2011– With a December 31 deadline looming, support is surging for legislation to ensure that the National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service uses sound science to set catch limits for the nation’s fisheries as a Senate version of the Fishery Science Improvement Act was introduced late yesterday by Senators Bill Nelson (D-Fla.) and Marco Rubio (R-Fla.).
       As amended in 2006, the Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires Regional Fishery Management Councils to put in place annual catch limits (ACLs) for every fishery by December 31, 2011. The requirements were intended to end overfishing by 2011 but were predicated on two critical assumptions: catch limit decisions would be based on up-to-date and accurate stock assessments; and there would be improved catch data to better anticipate potential problems in a given fishery. Neither of these obligations has been met.

Pew misinformation campaign reaches new low - August 11, 2011
In what has become a veritable campaign of misinformation, Pew Environment Group issued yet another statement in support of setting annual catch limits on marine fisheries species without the benefit of science-based assessments. Taking the campaign to a new level, Pew is now revising history to make its points.
There are so many misstatements of fact in their recent statement, it is hard to know where to begin. For starters, there is nothing “scientifically sound” about setting catch limits without the benefit of a stock assessment. Those catch limits are going to be set by SWAG — scientific wild-ass guess –   which doesn’t necessarily bother an environmentalist but does strike a nerve with anglers and others who actually use America’s public resources.

There you go again… August, 1, 2011
It is more of the same from the Pew Environment Group. The message below making the rounds in DC has all the hallmarks of the environmental community’s overall approach to marine resource management. If you believe a hodgepodge of partial bits of information that perhaps add up to an informed guess is good enough to manage our nation’s marine fisheries, then I guess you don’t mind sending messages to Congress that leave out critical pieces of information either.

Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs Oversight Hearing
Committee on Natural Resources
United States House of Representatives
July 26, 2011

NOAA’s Fishery Science: Is the Lack of Basic Science Costing Jobs?

Click HERE for complete testimony of Jeff Angers, president of the Center for Coastal Conservation on behalf of American Sportfishing Association, Coastal Conservation Association, Congressional Sportsmen’s Foundation, International Game Fish Association, National Marine Manufacturers Association, and The Billfish Foundation

Improved Science Is Better Than No Science - July 21, 2011
Opponents of FSIA disapprove of the bill’s requirement that managers have a modern, recent assessment in hand in order to set an annual catch limit (ACL) for a stock of fish. Terrestrial and freshwater wildlife resource management agencies would not think of operating without standardized stock surveys and assessments. Yet, for our marine resources, it appears that some groups believe that “readily available information such as biology” is adequate to replace a standardized, peer-reviewed stock assessment as the foundation of management, even when it has drastic social and economic consequences. A hodgepodge of partial bits of information that perhaps add up to an informed guess will always fall short of the standards we as a nation have used for managing our fish and wildlife resources.

Congressional Sportsmen's Foundation Briefs Congress on Fishery Science Improvement Act - June 14, 2011
The Congressional Sportsmen’s Foundation (CSF), along with Congressional Sportsmen’s Caucus (CSC) Co-Chair Rep. Jeff Miller and CSC Member Rep. Rob Wittman, briefed members of Congress this morning on legislation that will be introduced to maintain conservation standards set forth in the Magnuson-Stevens Fishery Conservation and Management Act.
The 2006 reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) was intended to drive the National Oceanic and Atmospheric Administration (NOAA) towards more effective conservation and management of America’s federal fishery resources through sound science.  The 2006 MSA re-authorization required accountability for every harvesting sector in every fishery and an end to overfishing by 2011.

CCA Testifies on Magnuson-Stevens Implementation Problems -
March 8, 2011
In response to a growing chorus of frustration, the U.S. Senate Committee on Commerce, Science, and Transportation held a hearing today before the Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee on implementation of the Magnuson-Stevens Fishery Conservation and Management Act. Bill Bird, a long-time volunteer leader in the Coastal Conservation Association (CCA), was invited to testify on how MSA implementation is impacting recreational fisheries.

Click HERE for the full testimony

Annual Catch Limits: Unnecessary Limits and Limited Catch - Feb. 18, 2011
A three-day workshop on annual catch limits (ACLs) sponsored by the National Marine Fisheries Service (NMFS) that concludes this week leaves very little hope that the recreational sector will find a way to mitigate the negative impacts of ACLs without a legislative fix to the Magnuson-Stevens Act, the overarching federal law governing the nation’s fisheries. Rather than addressing problems with the ACL provision, NMFS staff, Council members and stock assessment scientists at the workshop were focused solely on how to more fully implement the ACL requirement in the future.

Scientists to Explore ACL dilemma - Feb. 14, 2011
A workshop hosted jointly by the National Oceanic and Atmospheric Administration, the regional Fishery Management Councils and nationally recognized experts this week will give the first opportunity to convey to federal managers the need to mitigate the severe negative impacts of annual catch limit (ACL) requirements on the recreational sector.
Annual catch limits are a particularly difficult component of the 2006 reauthorization of the Magnuson-Stevens Act. ACLs and other related provisions were included ostensibly to prevent managers from caving in to political pressure to allow unsustainable harvests to occur on marine resources. Because NOAA Fisheries has failed to collect the required data and science for recreational fisheries in the past, it has a very limited ability to properly manage them to the ACL requirements today, resulting in absurd regulations that are inflaming the recreational angling community.

Legislation to Improve Federal Marine Fisheries Management System Picks Up Support in the House - October 1, 2010
Support is growing for legislation to address the crisis in federal marine fisheries management as a House version of the Fishery Conservation Transition Act was introduced by Congressional Sportsmen’s Caucus Co-Chairs Representatives Dan Boren (D-Okla.); Paul Ryan (R-Wisc.); Mike Ross (D-Ark.); and Jeff Miller (R-Fla.), along with other Members of Congress.  H.R. 6316, which mirrors legislation introduced in the Senate by Sen. Bill Nelson (D-Fla.), has the backing of a broad coalition of recreational angling, boating and industry groups that see a critical need to give federal marine fisheries managers the time, resources and direction necessary to address chronic deficiencies in data collection and science that have plagued federal fisheries management.

Fact Sheet on the Fishery Conservation Transition Act
S. 3594 / H.R. 6316

Sportfishing Community Applauds Legislation to Improve Federal Marine Fisheries Management System - July 15, 2010
Today, Sen. Bill Nelson (D-Fla.) introduced legislation designed to safeguard the strong conservation standards of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) while addressing a growing crisis within the federal marine fisheries management system.  S.3594, the Fishery Conservation Transition Act (FCTA), will give federal marine fisheries managers the time, resources and more specific direction necessary to address the chronic deficiencies in data collection and science. Nowhere are these deficiencies more acute than in the South Atlantic where the lack of proper data exacerbated problems in the red snapper fishery and may ultimately result in a closure of all bottom fishing in a 5,000-square-mile area.

Fact Sheet on S.3594, the Fishery Conservation Transition Act

Sen. Nelson's floor statement on the
 Fishery Conservation Transition Act

Coalition seeks to avoid fisheries management “train wreck” - Feb. 24, 2010
Passage of the 2006 Magnuson-Stevens Act, the overarching law that manages America’s marine fisheries, revealed crippling deficiencies within the agency charged with implementing the law. Recently, a coalition of marine angling and industry groups launched an effort to improve the National Marine Fisheries Service’s efforts to manage the nation’s marine resources and the 13 million saltwater anglers who depend on healthy fisheries.

An Example of the Train Wreck

Sportfishing Industry and Partners Call on Administration to Make Major Marine Fisheries Management Changes - Feb. 23, 2010

Today, a coalition of marine recreational fishing, boating, and conservation organizations and businesses called on the Obama administration to take immediate action to address a crisis within the federal fisheries management system.In a letter to National Oceanic and Atmospheric Administration (NOAA) Administrator Dr. Jane Lubchenco, the American Sportfishing Association (ASA), The Billfish Foundation (TBF), the Center for Coastal Conservation (CCC), the Coastal Conservation Association (CCA), the International Game Fish Association (IGFA), and the National Marine Manufacturers Association (NMMA) laid out an initial framework to immediately address serious and escalating problems resulting from inadequate implementation of the Magnuson-Stevens FisheryConservation and Management Act and the chronic problems that exist within the federal marine fisheries management system.

Questions and Answers about The Flexibility in Rebuilding America’s Fisheries Act - Feb. 23, 2010
CCA is opposed to current legislation sponsored by Rep. Frank Pallone and Sen. Charles Schumer, also known as the Flexibility Act, which would weaken the conservation provisions of the Magnuson Stevens Fishery Conservation and Management Act. CCA does not believe that H.R.1584 and S.1255 would benefit anglers, as it does not address many of the core problems plaguing recreational fisheries.

(Click HERE for the full text of the Flexibility Act, H.R.1584

A good law in search of a good agency
TIDE - Jan/Feb 2010
The Magnuson-Stevens Fishery Conservation and Management Act is the overarching law that manages America’s marine fisheries. It was first passed in 1976 and was reauthorized in 1996 and again in 2006. Throughout its 30-plus-year history MSA has been dogged by a persistent problem that affected both recreational and commercial fisheries – its inability to end overfishing. Federal fisheries were allowed to limp along from one year to the next, under management plans that had only very small chances of actually recovering overfished populations. While the fishery management plans generated under earlier versions of MSA were short on delivering results, they did allow managers to avoid making any difficult decision that might raise the ire of users of the resource. It was an all-too-common occurrence for fisheries managers to knowingly adopt management regimes that allowed gross overfishing to continue and base all hopes for the future health of the resource on a confluence of factors that almost never materialized.

Collaborative letter points out deficits in data collection - Oct 29, 2009
An impressive array of the major marine industry, recreational angling and environmental groups co-signed an October 22 letter to Dr. Jane Lubchenco, administrator of the National Atmospheric and Ocean Administration (NOAA), calling for reform of recreational angling data collection by the federal government.
“This is the first time in history that the five largest ocean environmental groups and the seven most significant marine recreational groups have come together to push a solution to a fisheries problem. All these groups deserve credit for seeing the significance of the issue and agreeing to work toward fixing it,” said Robert G. Hayes, general counsel for Coastal Conservation Association (CCA).