Law Aims to Save Atlantic Fish Stocks

By MARK ALAN LOVEWELL

In the final hours of Congress early this month, legislators agreed
to vote in a new federal fishery management for the years ahead.

The Magnuson Stevens Fishery Conservation and Management Act
oversees the way scientists, fishery managers and fishermen harvest one
of the nation's most valued resources.

The new legislation, a cornerstone for the way stocks are managed,
was passed by the Senate and voted by the House a few days later.

"I am especially pleased that the final bill includes a number
of changes involving fishing quotas that, in the long run, will protect
the small-boat fleets that are so important to fishing communities all
throughout New England," Cong. William Delahunt said.

Not everyone is happy. Cong. Barney Frank had wished that the
legislation gave more flexibility to regulators in lightening the load
that fishermen must bear in order to bring about full recovery of
depleted stocks. Cod and yellowtail flounder remain in serious trouble
in these waters.

Flexibility is essential, Congressman Frank said: "This is
particularly important, given the fact that the law will now require for
the first time a specific deadline for ending overfishing along with an
annual catch limit."

The Magnuson-Stevens Act, which is 30 years old, was written to
provide uniform management regime to prevent overfishing and rebuild
stocks in federal waters.

Thirty years ago, the big issue for lawmakers was establishing a
200-mile limit to keep foreign fishing fleets from overfishing areas
where stocks were in severe decline. Today, the Magnuson-Stevens Act is
written to protect the resource from overfishing by American fishermen.

Closer to the Vineyard, all waters of Georges Bank, federal waters
south of Nantucket and south of the Vineyard are under the purview of
the New England Fishery Management Council. Some stocks are overseen by
the Mid-Atlantic Fishery Management Council.

While fish stocks have recovered with the help of the federal law in
other parts of the country, New England stocks have been in serious
trouble for years.

"The bill does no harm. It is a modest step from our current
law," said Peter Baker, of the Cape Cod Commercial Hook
Fishermen's Association, an organization made up of small
fishermen who mostly are from Chatham.

There are provisions within the management which step up the
importance of science in determining what catch limits should be
observed, Mr. Baker said.

Under the new law, councils must pay greater attention to the
recommendations of their staff scientists when setting catch limits. It
also requires more rigid deadlines for restoring a resource.

This particularly pleases Mr. Baker: "In the past we would
intentionally overfish for five years and then pull back our fishing
effort to meet a goal. That didn't make any sense to me in the
past."

Mr. Baker said there is greater emphasis in the new act for looking
at the role bait fish play in restoration of stocks. He said there is a
provision that will study the role herring play in the ecosystem.

Conservation groups have monitored the movement of the
reauthorization legislation for more than a year.

The overall legislation is milder than the Senate version but more
conservative in protecting stocks than in what was written in the House.

One provision called on councils to be more accountable: If there
was an overharvest of one species it would have to be made up the
following year. That provision was dropped, though councils are required
to be more accountable on restricting fishing effort.

The American Sportfishing Association praised the legislation. Mike
Nussman, president of the association, said: "We appreciate the
senators' and congressmen's willingness to listen to and
address the issues vital to the sportfishing community. This new law
provides a sound basis for improving fisheries conservation and
management for the enjoyment of future generations of anglers."

But David Pierce, deputy director of the state Division of Marine
Fisheries, said that the legislation is so new, the jury is still out on
what the act means for fisheries managers and fishermen.

A key element in the legislation calls for oversight in the way
fishermen may buy and sell their permits, their quotas or days at sea.

The legislators are concerned that in some cases corporations and
banks can become owners of fishing boats. In New England waters, the sea
clam fishery is no longer accessible to family fishermen; all the
permitted access is owned exclusively by a small number of corporations.

In this vulnerable time, fishermen and fisheries managers
don't want to see large corporations take over the New England
fishing fleet. Mr. Baker said he is pleased that a process of careful
oversight has been designed within the act to prevent such an outcome.