Federal Management of Saltwater Recreational Fisheries

Federal Management of Saltwater Recreational Fisheries

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Updated August 17, 2018
Federal Management of Saltwater Recreational Fisheries
Federal management of saltwater recreational fishing by
shore). The MSA requires federally managed stocks of fish
the National Marine Fisheries Service (NMFS) has received
to be managed as a unit throughout their range. A large
increasing attention from Congress. Many constituents have
portion of recreational catch is taken in state waters because
expressed concerns with the allocation of fishing quotas
these waters are more accessible to anglers and game
among different fishing sectors; data collection and
species may be relatively abundant in them. Often there is a
assessment of recreational fishing activity; and use of
need to closely coordinate federal, regional, and state
management measures, such as catch limits. Marine
efforts because many species are found and caught in both
recreational fisheries have been the focus of several specific
federal and state waters. Some species, such as summer
bills and have been included in efforts to reauthorize the
flounder, are managed by joint management plans under the
Magnuson-Stevens Fishery Conservation and Management
authority of MSA and by the states through ASMFC.
Act (MSA; 16 U.S.C. 1801 et seq.).
The MSA prohibits overfishing and requires annual catch
What Is Recreational Fishing?
limits (ACLs) for all federally managed stocks. To avoid
Recreational fishing—also referred to as sport fishing or
overfishing, landings are limited to the ACL and
angling—involves fishing for pleasure as opposed to for
accountability measures are developed to ensure the limit is
profit or subsistence. Measurement of recreational fishing
not exceeded or to correct for any overage in a given year.
activity and value are determined by the number of fishing
The total ACL is then divided among different users that
days or fishing trips taken and characteristics that describe
include commercial and recreational, and sometimes for-
the quality of fishing experiences, such as catch rates and
hire sectors. Recreational management measures often
other aesthetic qualities. Some anglers fish from shore or
include a combination of measures including catch limits,
private boats, and others may pay to fish from for-hire
season length, bag limits, and size limits.
vessels that are called charters or party boats. According to
NMFS, in 2015, private and commercial recreational
Table 1. Recreational Fishing Effort and Catch 2016
activities provided national economic impacts of 439,000
(units in thousands)
jobs and $22.7 billion in personal income (wages and
salaries) to coastal communities.
Angler
Number
Number
Region
Trips
Kept
Released
Recreational Fishery Management
Fisheries are managed under several overlapping
North Atlantic
17,482
31,408
54,142
management authorities that are based on state and federal
Mid-Atlantic
48,359
63,758
193,088
laws, regional compacts among states, and Native
American treaties.
South Atlantic
73,069
132,346
244,826
Gulf of Mexico
54,403
186,657
208,331
State and Regional Management
Inland freshwater and marine fishing out to 3 nautical miles
Puerto Rico
654
1,178
353
(nm) from shore are managed primarily by states (state
Pacific Coast
3,818
7,987
4,946
waters extend to 9 nm for the west coast of Florida, Texas,
and Puerto Rico). Regional management is facilitated along
Alaska
514
1,382
747
the East, Gulf, and West coasts by commissions formed
Hawaiian Islands
1,024
2,483
382
under multistate compacts and supported by the
Interjurisdictional Fisheries Act (16 U.S.C. 4101-4107).
Source: Personal communication from the National Marine Fisheries
These efforts support data collection and management of
Service, Fisheries Statistics Division, August 16, 2018.
coastal stocks that move among various states’
Notes: Texas, Alaska, and Pacific recreational fisheries are
jurisdictions. Of the three commissions, the Atlantic States
monitored by state natural resource agencies. The Texas survey does
Marine Fisheries Commission (ASMFC) has developed the
not include released fish. West Pacific U.S. territories and U.S. Virgin
most comprehensive management system under its
Islands are not currently included in the survey. Data for the Pacific
interstate management program and the Atlantic Coastal
coast region is preliminary and will be updated in the coming months.
Fisheries Cooperative Management Act (16 U.S.C. 5101-
Information Collection
5108). ASMFC develops regional management plans that
Management of marine species requires the collection of
are implemented by each state.
data on fishing effort, such as fishing trips and catch of
Federal Management
marine recreational anglers (Table 1). Data are collected
through the Marine Recreational Information Program
The MSA is the principal federal law that governs
(MRIP), which is administered by NMFS, regional
conservation and management of fisheries that occur
commissions, and cooperating states. Programs generally
primarily in the exclusive economic zone (3-200 nm from
consist of a mail survey that attempts to estimate the
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Federal Management of Saltwater Recreational Fisheries
number of shore and private boat trips, a for-hire survey
Generally, recreational interests are supportive of changes
that estimates the fishing effort of charter and party boats,
featured in these bills because some believe that study and
and an angler intercept survey that estimates the catch rates
review of allocation could bolster their arguments for a
and composition of recreational harvest. Some states
greater portion of the total ACL. Typically, commercial
conduct their own surveys or surveys of specific fisheries
fishing representatives are skeptical of these reviews
that supplement MRIP efforts.
because they suspect greater attention could lead to changes
that may modify current allocation. Although the allocation
Actions in the 115th Congress
review would include only the Gulf and South Atlantic
In the 115th Congress, several bills have been introduced
regions, some commercial industry representatives have
with provisions that would directly and indirectly affect
voiced reservations because they believe allocation studies
recreational fisheries. The Modernizing Recreational
could have national implications.
Fisheries Management Act of 2017 (S. 1520 and H.R.
2023) focuses on marine recreational fisheries. The Florida
Data
Fisheries Improvement Act (S. 1748) is more general but
Collection of recreational fisheries data is complicated by
includes recreational fishing provisions. All three bills
the large number of recreational anglers and the scattered
include sections specific to the South Atlantic and Gulf of
nature of landing sites. In most cases, estimates of
Mexico regions as well as provisions that would apply to
recreational fishing effort and landings depend on surveys
national issues. The House-passed MSA reauthorization
and statistical methods based on a sample of angler effort
bill, Strengthening Fishing Communities and Increasing
and catch. Season length is then determined by projections
Flexibility in Fisheries Management Act (H.R. 200),
of when the sector’s sub-ACL will be reached.
includes sections similar to those in H.R. 2023. Although
specific sections of H.R. 2023 and S. 1520 differ, common
Some recreational fishermen question whether the MRIP
topics address
provides timely, accurate estimates of recreational fishing
activity and whether the associated stock assessments
 study and review of allocation among fishery sectors in
provide a realistic picture of stock abundance. They often
South Atlantic and Gulf of Mexico regions;
contend that strict management measures may not be
 data collection, assessment, and analysis of recreational
necessary, especially when they experience high catch
fisheries; and
rates.
 use of alternative fishery management measures in
Recreational groups generally are supportive of proposals
recreational fisheries (alternatives to ACLs).
to increase nongovernmental, state, and other cooperative
efforts to collect recreational data. However, there are
All four bills would require the Secretary of Commerce to
challenges related to integrating new technologies and
arrange for the National Academy of Sciences to conduct a
reporting systems with existing data collection programs.
study on fisheries allocation and direct the Gulf of Mexico
For example, some studies indicate that voluntary programs
and South Atlantic Councils to review the allocation of
using smartphone apps may introduce bias from
fishing privileges in their regions periodically.
inconsistent self-reporting.
H.R. 2023, S. 1520, and H.R. 200 also include general
Alternatives to ACLs
provisions that would establish criteria and an expanded
ACLs have been controversial because quotas often
review process for exempted fishing permits; provide
constrain the length of recreational fishing seasons. Many
greater flexibility in applying ACLs and in setting
recreational and commercial fishing groups have been
rebuilding time frames for overfished stocks; and address
supportive of greater flexibility when setting ACLs and
concerns with limited access privilege programs in South
rebuilding overfished stocks. Some recreational interests
Atlantic and Gulf of Mexico mixed-use fisheries.
also support alternatives to ACLs. They reason that
Issues and Stakeholder Views
management measures such as quotas have been designed
for commercial fisheries and that measures such as target
Allocation
fishing mortality rates are more appropriate for recreational
management. Some interests, especially environmental
The allocation of the total ACL among different fishing
groups, counter that significant progress has been made in
sectors can be extremely controversial. Often, species such
stopping overfishing and that proposed changes could
as halibut or black sea bass are caught by different sectors.
reverse these gains and decrease accountability.
The MSA requires that allocation be fair and equitable to all
fishermen. However, one’s concept of equity often depends
For more information on MSA reauthorization, see CRS In
on individual values and beliefs. The allocation of fish
Focus IF10267, Magnuson-Stevens Fishery Conservation
among fishing sectors is usually related to historical
and Management Act (MSA): Reauthorization Issues for the
landings and practices.
115th Congress, by Harold F. Upton.
Controversy may develop when a sector’s fishery is
Harold F. Upton, Analyst in Natural Resources Policy
constrained by its sub-ACL, resulting in shortened seasons
IF10949
and stricter management measures. Often this encourages
members of commercial or recreational sectors to advocate
for a greater portion of the total ACL. Allocation is further
complicated by changing fishing conditions, participation,
social values, and stock abundance.
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Federal Management of Saltwater Recreational Fisheries

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