July 25, 2017 — SEAFOOD NEWS — In last week’s hearing on HR200, the latest version of amendments to the Magnuson-Stevens Act, the flash points between recreational and commercial fisheries management — one of the most visible in the suite of proposed changes to the MSA — were made clear.

The last time Magnuson-Stevens was amended, stock conservation efforts were strengthened and the standards to which the regional council system was held, were tightened. This go-around, “flexibility” in allowing conservation methods and goals to be more responsive to needs in the recreational sector is getting some traction in Congress.

HR 200, authored by Alaska’s Representative Don Young, eases requirements for a 10-year rebuilding plan, extends state’s jurisdiction to 9 miles in certain regions, and shifts authority to MSA when other laws, such as the Endangered Species Act or the Antiquities Act (to create marine monuments), are involved.

At last week’s hearing, four industry representatives before the House Subcommittee on Water, Power and Oceans provided balanced comments from both the commercial and recreational sectors. The four — Nick Wiley, Executive Director of the Florida Fish and Wildlife Commission; Jeff Kaelin from Lunds Fisheries; Charles Witek, New York angler and fisheries writer; and Sean Martin, president of the Hawaii Longliners Association — were invited to comment on “Exploring the Successes and Challenges of the Magnuson-Stevens Act” and the viability of HR 200.

The questions posed after testimonies, most focused on summer flounder, red snapper, and recreational involvement in these fisheries, shed light on what House members are thinking.

Chairman Doug Lamborn, from Colorado, noted that the “best available science” may be improved upon “dramatically, by using fisheries-based platforms.” He added that “if we work with commercial and recreational fishermen to improve the science, we’ll get more buy in.”

“Scientific uncertainty is killing us — it really is,” noted Kaelin. He explained that when uncertainty is high, managers use precautionary methods to set catch limits, season times, size limits, etc. “The error bars are like this,” Kaelin said, stretching his hands apart. “And all the decisions are being made at the lower end of the error bars.”

Lamborn said, “That indicates that we must pass this legislation.”

He also noted that “restrictive ACLs (annual catch limits) that were applied across all recreational programs may not work. It works well for the commercial sector, but not recreational.

“HR 200 would help in this matter,” Lamborn said.

Witek pushed back on some assertions that MSA was failing in management of red snapper, summer flounder, and other contentious fisheries stocks.

“The [summer founder] decision has done very serious harm to the interjurisdictional cooperative management on the east coast,” Witek said, referring the Secretary Ross’s recent overturning of the Atlantic States Marine Fisheries Commission decision that New Jersey was in violation of summer flounder catch limits, the penalty of which would be a moratorium on that fishery.

“The Secretary’s decision has taken the stick away,” Witek said. “The stick was the moratorium. The carrot was a compromise. Other states are now looking for a pass from the Secretary, for instance with striped bass in the Chesapeake.”

Witek said the red snapper decision to extend the red snapper recreational fishery by more than a month in the Gulf “could very well be the death knell to red snapper in the Gulf coast.

“It’s a death spiral that I see no way out of. Except the Gulf council may have a way out of it because they’re talking about changing the definition of overfished stock. By shifting the goals posts they solve the problem,” Witek said.

While Lamborn said the current MSA needs improved science, better transparency and more flexibility, subcommittee member Jared Huffman (California) said MSA is working well, noting that over 40 stocks have now been rebuilt under the MSA guidance and that the precursor to HR200, HR 1335 would not be acceptable by the U.S. Senate.

This story originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission.