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Magnuson-Stevens Act

CCA General Counsel


Bob Hayes

        Robert G. Hayes retired in 2007 as a partner in the Washington DC office of Ball Janik. He is an alumnus of Boston University and received his law degree from Catholic University. After serving as a U.S. Army Infantry Lieutenant, he went on to serve as an attorney for both the National Oceanographic and Atmospheric Administration (NOAA) and for the National Marine Fisheries Service (NMFS). During that time, he was NOAA’s Southeast Regional Counsel and NMFS’ Deputy General Counsel. Hayes’ vast international experience also started with his work in NMFS. During his time as Director of the NMFS Office of Industry Services, he negotiated for the U.S. on bilateral fishery negotiations with Japan, Korea, Spain, France and Portugal. He went on to serve as a member of the U.S. delegation on the U.S. - Japan Subcabinet Committee on Trade, and was the White House-appointed Recreational Fisheries Commissioner for the International Commission for the Conservation of Atlantic Tunas (ICCAT).

     Hayes has been CCA’s National General Counsel since 1985 and is one of the most respected voices on state, federal and international fisheries management issues. He was recognized by Outdoor Life magazine as the Conservationist of the Year in 2007.

CCA Federal Lobbyist


Matthew Paxton

    Before joining CCA, Paxton was senior counsel to the U.S. Senate Committee on Commerce, Science and Transportation. He spent more than five years in the U.S. Senate working on legislative and policy issues focused primarily on natural resources, environment and fisheries matters. As senior counsel on the Commerce Committee, he worked on the development and drafting of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. He also oversaw several subcommittees that dealt with fisheries issues and policy, and worked almost exclusively on the Magnuson-Stevens Act for the chairman of the committee at that time, Senator Ted Stevens (R-AK).

     Before joining the Commerce Committee, Paxton was the Legislative Director for Sen. Stevens where he worked on numerous legislative and policy issues involving fisheries in the North Pacific. He earned his degree in Political Science from the University of Washington and his Juris Doctor from Willamette University College of Law. He is a member of the Washington State Bar Association.

 

The Magnuson-Stevens Fishery Conservation and Management Act is the overarching law that manages America’s marine fisheries. It was first passed in 1976, was reauthorized in 1996 and again most recently in 2006.

Throughout its 30-plus-year history MSA has been dogged by a persistent problem that affected both recreational and commercial fisheries – its inability to end overfishing. Federal fisheries were allowed to limp along from one year to the next, under management plans that had only very small chances of actually recovering overfished populations.

As a result, when MSA was reauthorized in 2006 it put in place the strictest legal mandates ever seen in fisheries management in an effort to finally put an end to the intractable problem of overfishing. Among the unprecedented requirements was the cessation of all overfishing in U.S. waters by 2011 and the rebuilding of overfished species within a time certain. For the first time ever, ending overfishing had a firm deadline. In the quest for the robust, sustainable resources sought by recreational anglers, the new provisions of MSA seemed like the recipe, at last, for proper conservation of our marine resources.

Though the new MSA mandates may be the recipe for good conservation, in combination with an agency that has utterly failed to properly manage our marine resources they are causing real short-term hardship. Users of the resource are rightfully irate at the prospect of closures for popular species, but have misdirected their ire at the new provisions of MSA, rather than at the agency which has failed to competently discharge its duties under the law.

Almost from the day MSA was reauthorized in 2006, a bill to unravel some of its most conservation-oriented provisions has been promoted. Called the Flexibility in Rebuilding America’s Fisheries Act, the bill has been touted as a way to fix what some view as overly restrictive provisions in MSA.

However, a careful analysis of current and past federal management of marine resources reflects that the problems in federal fisheries management go well beyond the proposals contained in the Flexibility Act. Indeed, a veritable train wreck is upon NOAA Fisheries as a result of its dearth of data and lack of effort to manage recreational fisheries. A train wreck that will crash into the recreational angling community in full force in the coming months unless a reasonable, workable solution is implemented to address the roots of the problems in federal fisheries management.


CCA News

Sportfishing Community Applauds Legislation to Improve Federal Marine Fisheries Management System - July 15, 2010
Today, Sen. Bill Nelson (D-Fla.) introduced legislation designed to safeguard the strong conservation standards of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) while addressing a growing crisis within the federal marine fisheries management system.  S.3594, the Fishery Conservation Transition Act (FCTA), will give federal marine fisheries managers the time, resources and more specific direction necessary to address the chronic deficiencies in data collection and science. Nowhere are these deficiencies more acute than in the South Atlantic where the lack of proper data exacerbated problems in the red snapper fishery and may ultimately result in a closure of all bottom fishing in a 5,000-square-mile area.

Fact Sheet on S.3594, the Fishery Conservation Transition Act

Sen. Nelson's floor statement on the
 Fishery Conservation Transition Act


Coalition seeks to avoid fisheries management “train wreck” - Feb. 24, 2010
Passage of the 2006 Magnuson-Stevens Act, the overarching law that manages America’s marine fisheries, revealed crippling deficiencies within the agency charged with implementing the law. Recently, a coalition of marine angling and industry groups launched an effort to improve the National Marine Fisheries Service’s efforts to manage the nation’s marine resources and the 13 million saltwater anglers who depend on healthy fisheries.

An Example of the Train Wreck


Sportfishing Industry and Partners Call on Administration to Make Major Marine Fisheries Management Changes - Feb. 23, 2010

Today, a coalition of marine recreational fishing, boating, and conservation organizations and businesses called on the Obama administration to take immediate action to address a crisis within the federal fisheries management system.In a letter to National Oceanic and Atmospheric Administration (NOAA) Administrator Dr. Jane Lubchenco, the American Sportfishing Association (ASA), The Billfish Foundation (TBF), the Center for Coastal Conservation (CCC), the Coastal Conservation Association (CCA), the International Game Fish Association (IGFA), and the National Marine Manufacturers Association (NMMA) laid out an initial framework to immediately address serious and escalating problems resulting from inadequate implementation of the Magnuson-Stevens FisheryConservation and Management Act and the chronic problems that exist within the federal marine fisheries management system.


Questions and Answers about The Flexibility in Rebuilding America’s Fisheries Act - Feb. 23, 2010
CCA is opposed to current legislation sponsored by Rep. Frank Pallone and Sen. Charles Schumer, also known as the Flexibility Act, which would weaken the conservation provisions of the Magnuson Stevens Fishery Conservation and Management Act. CCA does not believe that
H.R.1584 and S.1255 would benefit anglers, as it does not address many of the core problems plaguing recreational fisheries.

(Click HERE for the full text of the Flexibility Act, H.R.1584


A good law in search of a good agency
TIDE - Jan/Feb 2010

The Magnuson-Stevens Fishery Conservation and Management Act is the overarching law that manages America’s marine fisheries. It was first passed in 1976 and was reauthorized in 1996 and again in 2006.
Throughout its 30-plus-year history MSA has been dogged by a persistent problem that affected both recreational and commercial fisheries – its inability to end overfishing. Federal fisheries were allowed to limp along from one year to the next, under management plans that had only very small chances of actually recovering overfished populations. While the fishery management plans generated under earlier versions of MSA were short on delivering results, they did allow managers to avoid making any difficult decision that might raise the ire of users of the resource. It was an all-too-common occurrence for fisheries managers to knowingly adopt management regimes that allowed gross overfishing to continue and base all hopes for the future health of the resource on a confluence of factors that almost never materialized.


Collaborative letter points out deficits in data collection - Oct 29, 2009
An impressive array of the major marine industry, recreational angling and environmental groups co-signed an October 22 letter to Dr. Jane Lubchenco, administrator of the National Atmospheric and Ocean Administration (NOAA), calling for reform of recreational angling data collection by the federal government.
“This is the first time in history that the five largest ocean environmental groups and the seven most significant marine recreational groups have come together to push a solution to a fisheries problem. All these groups deserve credit for seeing the significance of the issue and agreeing to work toward fixing it,” said Robert G. Hayes, general counsel for Coastal Conservation Association (CCA).

 

Magnuson-Stevens Act News

Editorial: Fishermen need work, not bogus buyout plan
Gloucester Daily Times
Aug. 9, 2010

 

Give fishermen another chance
Daytona Beach News-Journal
Aug. 4, 2010

 

Bill to amend fishery gaining steam
Florida Today
Aug. 1, 2010

Nelson move to stall snapper rules triggers debate
Florida Times-Union
July 30, 2010

Big steps taken at big show
2theAdvocate
July 25, 2010

Bill would protect fisheries from closures
ESPN
July 21, 2010

Nelson introduces Magnuson supplement
SaltWater Sportsman
July 20, 2010

Legislation targets debate over red snapper ban
Daytona Beach News-Journal
July 17, 2010

Environmental group calls Sen. Bill Nelson's red snapper bill 'serious setback'
Tampabay.com
July 15, 2010

McCollum Letter Requesting More Money to Collect Better Data on Recreational Angling
Florida Attorney General
March 10, 2010

Agitated grouper anglers join chorus calling for change in federal fisheries management process
Tampa Bay Times
Feb. 26, 2010

Pols, fishermen angle for fisheries reform
New York Post
Feb. 26, 2010

Address the crisis
ESPN Outdoors
Feb. 25, 2010

Sportfishing industry and partners call on administration to make major marine fisheries management changes
SaltWater Sportsman
Feb. 25, 2010

TBF joins Sportfishing Industry and Partners Calling on Administration to Make Major Marine Fisheries Management Change
FishingWorld.com
Feb. 25, 2010

Anglers protest fishery rules
KeysNews
Feb. 25, 2010

Fishermen rally against limits
Boston.com
Feb. 25, 2010

Change fishery rules, spare fishing jobs, chorus says
Jacksonville News
Feb. 25, 2010

Statement by Eric Schwaab, NOAA Assistant Administrator for Fisheries, on Today’s “United We Fish” Rally at Capitol Hill
NOAA
Feb. 24, 2010