Mr. Arnold Leo had asked that the Council review and discuss the recent Executive Order promulgated by President Bush affecting fishing for striped bass and red drum in the EEZ. That order, among other things, prohibits the sale of striped bass caught in the EEZ (possession and sale of this species in the EEZ is already banned under NMFS regulations) and encourages the states, where "appropriate," to seek gamefish status for striped bass under state law.  Mr. Leo expressed concern that the President, through this order, is favoring the interests of one user group (recreational fishermen) over another (commercial fishermen) and moreover, is running roughshod over the established procedures for making fishery management decisions in the United States (i.e., through the regional fishery management councils, interstate fishery compacts, etc.).   He asked the Council to endorse the idea of sending a communication to President Bush highlighting these concerns.

Councilor Jordan expressed outrage that this action was taken involving striped bass, a species whose management he believes is held and should be held as a guide as to how other marine fisheries should be handled.  He felt personally insulted after all the hard work that he and many others around the country have put into striped bass management.  He questioned why this action was taken? Especially since there already is a prohibition on the possession and sale of striped bass in the EEZ.  Mr. Jordan called this executive Order a "stab in the back to all commercial fisherman" because they are the only ones to be affected by this proposal.  Councilor Witek urged the Council not to overreact to the President's action.  He cited other instances in which natural resources from specific areas were allocated to specific groups and this does not signal a meaningful reallocation of striped bass from the commercial to the recreational fishing sector.  Councilor Davi disagreed, saying that making fishery management policy through Executive Order is a bad practice.  Councilor Rivara also commented that marine fishery management should not be undertaken by presidential decree.  Doing so calls into question the purposefulness of participating in the advisory and management councils whose ostensible job it is to do this work.  She also wanted to make clear she is a member of The New York Farm Bureau, which opposes the designation of striped bass as a gamefish.   Chairman Wise expressed concern with the procedural aspects of President Bush's action.  Councilor James House expressed dismay that the President has tried to circumvent the federal fishery management process explicitly described in the Magnuson-Stevens Fishery Conservation and Management Act.  He moved that Chairman Wise write a strongly worded letter to the President expressing the Council's concerns and reservations regarding this Executive Order, i.e., it circumvents established administrative structures and procedures to develop marine fishery management policy in the United States. Councilor Rivara seconded.  Chairman Wise said that although Councilor Robert Danielson is not at this meeting today, he voiced his opinion to Mr. Wise before the meeting and Mr. Danielson does not have a problem with this Executive Order and would likely not support the present motion.  Councilor Witek noted that there is no federal striped bass fishery management plan and, thus, the relevance of the Magnuson-Stevens Act to this discussion in questionable.  Councilor Jordan said that he wouldn’t be as upset if this order was directed at a fishery that was in trouble.  However, the striped bass population is viewed as successfully recovered.  Mr. House's motion was adopted by the Council by a vote of 8 in favor; 1 opposed; 0 abstentions.

 

Page last modified Monday, January 7, 2008 by George E. Carroll