U.S. Commission on Ocean Policy - Joint Ocean Commission Initiative

Figure 19.1 Fishery LitigationGrows as Interests ClashNumber of New Cases2520151050199319941995199619971998199920002001From 1993 to 2001, the number of new lawsuits broughtagainst NOAA’s National Marine Fisheries Service increasedeightfold. Many cases involved disputes about the validity ofstock assessments and resulting catch limits.Source: National Academy of Public Administration. Courts, Congress, andConstituencies: Managing Fisheries by Default. Washington, DC, July 2002.Contention grew, and the 1990s were characterizedby a dramatic increase in litigation (Figure 19.1),increased crisis-driven decision making, managementthrough court orders, and congressional intervention.As of January 2002, more than 110 lawsuits werepending against the National Oceanic and AtmosphericAdministration’s (NOAA’s) National Marine FisheriesService (NMFS). And between 1990 and 2000, theNational Research Council conducted ten studiesaimed at resolving disputes in fishery management.On a more positive note, the 1990s also witnessedsome signs of recovery. Atlantic striped bass weredeclared recovered in 1995, many New Englandgroundfish species began to come back, and summerflounder stocks in the Mid-Atlantic started to increase.A 2002 study by the National Academy of PublicAdministration concluded that the U.S. fishery managementsystem was in disarray and recommendedthat the U.S. <strong>Commission</strong> on Ocean Policy explorethe need for major changes in the fishery managementsystem. 7 While amendments to the Magnuson–StevensAct have helped reverse fishery declines, additional changes will be necessary to managefisheries in a sustainable manner over the long term.Building Sustainable Fisheries Based on Sound ScienceThe Value of Science for Wise ManagementAccurate, reliable science is critical to the successful management of fisheries. Two kindsof data are collected to support fishery science. Fishery-dependent data are collected as partof normal fishing activities and include recreational and commercial catch and landingsrecords, dealer reports, and onboard observer data. Observers on fishing vessels provide avariety of useful fishery-dependent data concerning harvest methods and the bycatch offish and prohibited species, such as turtles and marine mammals. Fishery-independent dataare collected outside of normal fishing activities, typically through scientifically-designedsurveys conducted by specialized research vessels.Using available data as input, computer models produce stock assessments that estimatethe size and characteristics of a certain fish population. Based on these assessments,and an understanding of the biology of that species, scientists can then predict the effectsof different levels of fishing intensity on the population. Fishery managers must thendetermine how, when, where, and—most importantly—how many fish may be caught.Although fishery data collection and stock assessment models can always be improved,a lack of adequate scientific information has not been the main culprit in most instances ofoverfishing. The Mid-Atlantic and New England RFMCs, which managed fourteen of thethirty-three stocks that experienced overfishing in 2001, have some of the best scientificsupport in the world. A 2002 National Research Council report concluded that the problemin most cases of overfishing was that the RFMCs disregarded or downplayed valid scientificinformation when setting harvest guidelines. 8 Neither NMFS nor the Secretary ofCommerce used their authority to prevent the RFMCs from taking such actions.276 A N O CEAN B LUEPRINT FOR THE 21ST C ENTURY