Working towards healthy, self-sustaining populations
for all Atlantic coast fish species or successful
restoration well in progress by 2015
ASMFC Issues and Challenges
John V. O’Shea
Executive Director
Presentation Outline
¾ ASMFC overview
¾ Shift in stakeholder views
¾ 2006 Magnuson-Stevens Reauth Act
¾ Recreational licenses
¾ Litigation
¾ Looking forward
Atlantic Coastal Fisheries Cooperative
Management Act (ACFCMA) of 1993
¾ Standards for fisheries management
¾ States develop FMPs
¾ SECDOC preemption for noncompliance
¾ Authorizes funding through NOAA
ASMFC FMPs
¾ American Eel
¾ Coastal Sharks*
¾ Spot
¾ American Lobster
¾ Horseshoe Crab
¾ Spotted Seatrout
¾ Atlantic Croaker
¾ Northern Shrimp
¾ Striped Bass
¾ Atlantic Herring * ¾ Red Drum
¾ Summer Flounder*
¾ Atlantic Menhaden ¾ Scup*
¾ Tautog
¾ Atlantic Sturgeon
¾ Shad & River Herring
¾ Weakfish
¾ Black Sea Bass*
¾ Spanish Mackerel *
¾ Winter Flounder*
¾ Bluefish*
¾ Spiny Dogfish*
* Joint and complementary FMPs with federal plans
Shift in Stakeholder Views
Atlantic Menhaden and Sea Herring
¾ Large v. small vessels
¾ Localized depletion
¾ Predator needs
¾Lobster bait - recreational NGOs - industry
2006 MSRA
¾ ACLs – AMs – SSC advice
¾ Joint Plans
¾ Varies by plan and Council
¾ Accept Council determinations
¾ State reps on SSC and MC
¾ Non-alignment impacts state-fed permits
2006 MSRA
¾ASMFC yet to adopt MSRA requirements
¾Science advice, timelines, catch limits
¾Commissioners want flexibility
¾Some stakeholders want improved results
Recreational Licenses
¾ Florida – Delaware: in place
¾ New York – Maine: in progress
¾ New Jersey: no license, no plan
¾ ASMFC:
¾ Support MRFSS/MRIP improvements
¾ Fully engaged in MRIP development
United Boatmen v. ASMFC
Complaint:
¾2008 summer flounder regulations
¾ASMFC ‘quasi-federal agency’
¾Receives NOAA funding
¾NMFS sits on boards
¾ACFCMA created federal process
Second Circuit Court
Decision (June 2010)
¾ No right of legal review from Congress
¾ Lower court cannot create that right
¾ ASMFC – Legislative nature, politically
accountable body
Five Data-Related
Complaints
¾ Catch histories – quota allocation
¾ Sea scallops – tilefish – groundfish
¾ NMFS decision to deny
Complaint:
¾Flawed data from ASMFC
¾No credit for unreported landings
ASMFC Response
¾ No legal basis for action against ASMFC
¾ No authority for ASMFC to provide remedy
¾ 3 complaints dropped after motions to dismiss
¾ 2 complaints dropped after Rule 11 Sanction
Looking Forward
¾ASMFC goals developed 15 years ago
¾New gen Commissioners face new problems
¾State budget constraints
¾Habitat degradation
¾Increased stakeholder
presence (resistance)
Working towards healthy, self-sustaining
populations for all Atlantic coast fish species or
successful restoration well in progress by 2015
Please visit our website at www.asmfc.org