Striped Bass Controversies

1. Do Fish Feel Pain?

Scientists disagree whether fish feel “pain.”  The controversy on whether fishes feel pain arises because of the difficulty proving whether fish are conscious of pain.

https://www.sciencedaily.com/releases/2013/08/130808123719.htm

http://onlinelibrary.wiley.com/doi/10.1111/faf.12010/epdf

Those scientists that argue fish can not feel pain propose that the area of the brain known as the neocortex, that is necessary to perceive pain in mammals, does not exist in fishes. Thus, they feel that fish can not feel pain. This point of view has recently been expounded by Brian Key in his article: “Why fish do not feel pain.” http://animalstudiesrepository.org/animsent/vol1/iss3/1/

The Open Peer Commentary that follows his article has 14 responses some of which put forth the alternative view.  For example Donald Broom writes on, “Fish brains and behaviour indicate capacity for feeling pain.”

The Open Peer Commentary continues as Brian Key responds.

http://animalstudiesrepository.org/animsent/vol1/iss3/1/

Questions:

If fish feel pain, should fishing be banned? Should fishing techniqes be modified?

How does one distinguish between a reflexive movement  to avoid a harmful stimulus  from a movement induced by “pain.”

2. Why do scientists need approval to catch, maintain and study striped bass when recreational and commercial fishers do not?

Scientists who study vertebrate animals, including fishes, must first gain approval of their research proposal through an Institutional Animal Care and Use Committee (IACUC). The role of the IACUC is to “ensure animal welfare.” The committee is composed of scientists, a member who has non-scientific interests (e.g., lawyer, clergy), a veterinarian and a “non-affiliated member” who represents general community interests. The committee uses federal guidelines (Institutional Animal Care and Use Committee Guidebook, Office of Laboratory Animals, National Institutes of Health, 2^nd edition, 2002; https://grants.nih.gov/grants/olaw/GuideBook.pdf).

Research on invertebrate animals does not require IACUC approval.

http://www.parl.gc.ca/content/sen/committee/372/lega/witn/shelly-e.htm

https://animal.research.uiowa.edu/animal-protocol

Questions:

Fish that are caught for consumption, by either recreational fishers or by commercial fishers that sell the fish, do not fall under a committee equivalent to the IACUC. Why not? Should fishers be guided by IACUC equivalent guidelines?

What is a vertebrate animal?

Why doesn’t research on invertebrate animals require IACUC approval?

What is your opinion about hunting animals?

3. Why have some states decided to ban commercial fishing of striped bass?

North Carolina, Virginia, Maryland, Delaware, New York, Rhode Island and Massachusetts allow both recreational and commercial fishing for striped bass. The remaining Atlantic Coast states have designated striped bass as game or recreational fish only.

In Maine, a state that does not allow commercial fishing, only hybrid, cultured striped bass can be served in markets and restaurants. It is illegal for restaurants to serve striped bass caught for personal use or supplied from commercial fisheries in any other jurisdiction.

Massachusetts has been the focus of a concentrated effort by some organizations to designate the striped bass as a game fish. Commercial fishing is regulated by the state (http://www.mass.gov/eea/agencies/dfg/dmf/laws-and-regulations/commercial-regulations/) The magazine, On the Water, indicates “commercial striped bass fishing is a rod-and-reel fishery. The season opens in early July and continues until the fleet reaches a pre-set target quota, which is around a million pounds per year. If they go over one year, the total gets deducted from next year’s harvest. A robust final two of days in 2012 resulted in going over the quota, and the 2013 quota was reduced accordingly, to about 900,000 pounds. By comparison, the state recreational fishermen take about 4,000,000 pounds per annum.” http://www.onthewater.com/the-gamefish-debate/

Stripers Forever mission statement is “Stripers Forever advocates for the conservation and responsible stewardship of wild striped bass along the Atlantic Coast.” thttps://www.stripersforever.org/why-a-game-fish/

The Massachusetts Commercial Striped Bass Association considers Stripers Forever’s effort as “short sighted and irresponsible.” And claims that Stripers Forever’s position is an allocation grab for recreational fishers rather than a conservation effort. http://www.onthewater.com/the-gamefish-debate/

One group is trying to protect the striped bass fishery by only having recreational fishing while the other is trying to protect the fishery to support the livelihood of many fishers and allow recreational fishing. Both have economic arguments that appear to support their point of view.

Questions:

How does mortality compare between recreational and commercial fishing?

Controversy links:

http://www.onthewater.com/ask-an-expert-what-is-gamefish-status/

http://www.onthewater.com/the-gamefish-debate/

http://www.providencejournal.com/article/20160526/SPORTS/160529461

4. Why should the length of striped bass that a fisher can keep be regulated?

As early as 1649, the General Court of Massachusetts Bay Colony recognized the fragility of the striped bass stock and banned the use of striped bass as a fertilizer. Later in 1793 the use of netting was outlawed in Newbury, Massachusetts. The regulations imposed by the ASFC in the 1980s are credited with saving the striped bass fisheries which seemed on the verge of collapse.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4549321/pdf/pone.0136412.pdf

“Although commercial anglers were typically less supportive of management changes than their recreational counterparts, the majority were still supportive of slot limits (54%) and mandated use of circle hooks (56%).”

Generally, the largest striped bass are females with a high fecundity; larger females can produce more eggs that smaller ones. The logic, therefore, is that the larger females (cows) should be protected by not only limiting the minimum size (currently 28”) but also limiting the upper size as well (slot limits). There is little data on whether fecundity levels off or actually declines with age. But there are many fewer large than intermediate sized fish and thus they are less likely to be caught.

Since striped bass are near the top of the food chain, they can have increased mercury, PCBs, etc., and some states like Maine recommend that pregnant women do not eat striped bass. As a fish grows, so does the accumulation of these chemicals within their muscle.

Questions:

Should the length limit have upper and lower values (slot limits)?

Should an upper limit be legislated to protect the fishery as well as the health of those that eat the fish?

Should trophy fish be allowed with only one per year allowed?

5. Should the practice of Yo-yoing for striped bass be banned?

Striped bass are voracious, opportunistic predators. Their diet can consist of menhaden, herring, sand eels, American eels, and small fish of many species. Invertebrate prey include shellfish, crabs, lobsters, and squid.

For the fisherman finding live bait can be laborious and buying and holding it inconvenient and expensive. Freshly dead bait kept on ice does not require the labor and can be cut and thrown overboard (chunking) to attract fish. These chunks can be placed on hooks as a way to catch the striped bass. A Rhode Island commercial fisherman named Dick Sevigny (The Big One by Kenny) Is credited with discovering a method whereby frozen, dead menhaden are weighted (e.g., bank sinker) so that the fish when lowered to the bottom has the appearance of a “live” fish. This technique is very successful in alluring striped bass and has been termed Yo-yoing. The downside to this technique results in a high probability of weights (e.g., lead weights, spark plugs, etc.) from being swallowed by striped bass and held in the stomach for those that get away. (The Big One, Kenny)

Fishing tournaments (e.g., Martha’s Vineyard Derby) outlaw the practice because it adds to the fish’s actual weight used to determine winners of a category. In fact, each fish weighed is opened to check for abnormal stomach contents, and if it is determined that the weight was added, the fish is disqualified but if it can be determined that the weight existed from a practice like yo-yoing, the weight would be subtracted from the fish weight.

Interestingly the practice of yo-yoing has not been outlawed by states even though some suspect that some weights like lead might over time increase the lead content of the striped bass muscle.

Questions:

Should yo-yoing be regulated?

Can yo-yoing be designed to prevent ingestion of weights by striped bass?

6. Should the use of treble hooks to catch striped bass be banned?

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4549321/pdf/pone.0136412.pdf

When purchased, many lures have one or two sets of treble hooks.  Many fisherman argue that with lures that have treble hooks there is a higher probability of hooking striped bass in the mouth region and less chance the lure will be swallowed whereas baited hooks (mainly J hooks) are more likely to be swallowed and increase the probability that the fish will be damaged in trying to dislodge the hooks.

http://www.onthewater.com/stripers-future/

“The potential mortality rate of striped bass following release is not trivial. The Atlantic States Marine Fisheries Commission (ASMFC) management plan currently assumes an 8 percent hooking mortality rate for striped bass caught and released by recreational anglers in the marine environment. Applying this mortality rate to 2011 NMFS release statistics for New Jersey and New York yields an estimate of over 192,000 dead stripers! A substantial portion of this mortality is likely due to a lack of understanding among anglers regarding how their angling techniques can physically injure and physiologically stress fish. Many anglers assume that seeing a fish swim away means that it will survive to be caught again, however this may not be the case.

Large plugs rigged with multiple treble hooks can cause injury to a striper since the free hooks often swing around and catch in the fish’s gills or eyes. Treble hooks may also require an inordinate amount of time for removal, prolonging air exposure prior to release.

Deep hooking is one of the most frequent causes of death for an angled striped bass.  Swallowed hooks induce trauma during the initial hook penetration and subsequent playing time, as well as angler-induced trauma during hook removal. Research has shown that the odds of death for gut-hooked fish are almost six times the odds of death for fish hooked in the lip. Gut-hooking is often higher with live baits or natural baits than with artificial baits since fish often swallow baited hooks more deeply.

“To counter these impacts, it is often recommended that anglers replace treble hooks on plugs and metal lures with single hooks. The International Game Fish Association recently endorsed the idea of replacing treble hooks on crankbaits, lipped plugs, topwater lures, and spoons with single hooks to facilitate easier de-hooking and faster release of fish. However, even single hooks can cause problems with hook removal if they are barbed hooks. Crushing hook barbs or using barbless hooks on plugs and lures reduces hooking injuries and facilitates easy hook removal and reduced handling time.

• When fishing with plugs and lures with multiple treble hooks, consider removing one or two sets of hooks or replacing them with single hooks.
• In general, use single barbless hooks whenever possible, or crimp, file or flatten the barbs on hooks to ease hook removal and reduce tissue damage and handling stress.
• When fishing with natural or live bait, use non-offset circle hooks to minimize gut hooking and the chance of lethal wounding of striped bass to be released. (Note that octopus-style hooks are not true circle hooks and fish like traditional J-hooks.)

Lures with multiple treble hooks are more likely to injure a fish than lures with single hooks. If possible, anglers should switch to single, barbless hooks to boost survival rates of released bass.”

http://www.myfishfinder.com/fishing_forum/index.php?topic=41891.0

State of Maine

Click to access 2016striped_bass_regs.pdf

Massachusetts regulations for recreational fishing of striped bass currently allow one fish per day 28” or greater. Fish caught under this size must be released. In addition a dead striped bass of legal length can not be released to help prevent fishermen from discarding a small fish once a larger one is caught. It is impossible to know how many undersized fish are released. However, choosing hooks configurations can result in minimal damage to striped bass..

J-hooks are commonly used These hooks can easily be swallowed and become entangled in gillrakers or gills. If removed there is a high probability of killing the fish. As a result, the line is usually cut leaving the hook in place.

Circle hooks are less likely to be swallowed and, as a result, are used by many fishermen. The barbs on the end of these hooks can be filed down.

7. Why can’t a fisher keep an undersized striped bass that dies while being caught?

Massachusetts fisheries regulations require that any striped bass caught must be kept whole while on the boat so that inspectors can ensure that the fish is of legal size. In addition no fish can be kept that is not of legal size. So if one catches a 27” striped bass and the legal minimum size is 28” and the fish dies while being reeled in or on removing the hook, the fish has to be released even though it is dead. Is this wasteful? One might argue that the dead fish becomes food for animals lower on the food chain like crabs.

Fishing for striped bass is prohibited from the EEZ zone (from 3-200 nautical miles offshore). If a striped bass is inadvertently caught, it must be released independent of its length, dead or alive.

It is illegal to discard a dead striped bass of legal size. Such a law helps prevent fishers from catching a legal sized fish and then releasing it after they catch a bigger legal sized fish.

Questions:

If an undersized fish dies, why not let that substitute for the one legal sized fish? This requires trust that fishermen will abide by the rule and not purposefully kill the catch.

Is this regulation wasteful? Can there be a way to utilize this fish other than moving it back into the biomass?

8.  Should striped bass fishing be allowed in the Exclusive Economic Zone (EEZ)?

The U.S. EEZ was declared by Presidential Order in 1983. Fishing for striped bass is prohibited from the EEZ zone (from 3-200 nautical miles offshore from all U.S. possessions and trust territories.). If a striped bass is inadvertently caught, it must be released independent of its length, dead or alive.

“In 2007, President George W. Bush signed an executive order establishing gamefish status for striped bass in federal waters, so in waters outside the three-mile limit of state jurisdiction, anglers cannot catch and take striped bass already.”

Some groups like the American Sports Fishing Association advocate for a ban on striped bass fishing in the EEZ. To keep federal waters closed to all striped bass fishing will help preserve the gains made in past decades in recovering the striped bass population on the east coast. The striped bass stock has only recently become a sustained resource. The EEZ protects that portion of the population from commercial harvesting pressure. Furthermore, the science of assessing the striped bass stock is not completely accurate. The Atlantic States Marine Fisheries Commission’s Technical Committee is now revamping its assessment process. The Committee’s benchmark assessment will not be available until 2007. ASA believes that now is not the time to change the status of fishing in the EEZ.

The National Marine Fisheries Service has proposed opening federal waters to commericial and recreational striped bass fishing.

http://asafishing.org/advocacy/issues-archive/striped-bass-fishing-in-the-exclusive-economic-zone-eez/

“Anglers be mindful – No striped bass fishing in the EEZ”

http://www.nmfs.noaa.gov/ole/newsroom/stories/16/no_bass_fishing_in_eez.html

“It’s that time of year, again — striped bass on on the move and NOAA’s Office of Law Enforcement wants to make sure anglers understand and abide by federal regulation. The Exclusive Economic Zone (EEZ) is closed to all striped bass fishing.

“We have a very important mission to ensure sustainable marine resources,” said OLE Enforcement Officer John Ford. “But, our success relies heavily on regulation compliance by each and every fisherman.”

In the Atlantic, the EEZ is a water zone beginning at 3 nautical miles and extending to 200 nautical miles off of the U.S. coastline, including the coastlines of U.S. territories and islands. These waters have been closed to striped bass fishing since 1990, when federal legislation was implemented in order to protect striper spawning and the rebuilding of the species, which was recovering from decades of overfishing.

According to the Atlantic Coastal Fisheries Cooperative Management Act, as well as prohibitions found in Title 50 of the Code of Federal Regulations part 600.725, it is unlawful for any person to fish for Atlantic striped bass in the EEZ, harvest any Atlantic striped bass from the EEZ, retain this species taken in or from the EEZ, and/or possess any striped bass in or from the EEZ.

There is, however, one exception to the possession restriction. In the waters between Montauk Point, Block Island, and Point Judith, possession of Atlantic striped bass is permitted, provided no fishing activity is conducted from the vessel while in the EEZ and the vessel is in continuous transit.”

“Long ago the federal waters were open to numerous species, including striper” said Ford. “We’ve come close to losing a few species and we want to make sure that striped bass maintains a healthy population – not only for the survivability of the fish, but also for the sustainability for the fishing industry.”

For more information, call your local OLE field office or visit http://www.asmfc.org/species/atlantic-striped-bass. State seasons and regulations vary, contact your state department of natural resources for local striper fishing information.”

Controversy links:

https://www.greateratlantic.fisheries.noaa.gov/sustainable/recfishing/regs/midrecguide.pdf

http://www.nycflyfishing.com/Much%20Ado%20About%20the%20EEZ.htm

http://nsglc.olemiss.edu/Advisory/stripedbass.pdf

http://www.carolinacoastonline.com/news_times/opinions/columns/article_72aaf238-a897-11e4-8d57-fb8a189f1c7c.html

https://www.adn.com/voices/article/presidential-victory-sportfishermen/2007/10/23/

http://conservefish.org/2016/01/25/with-striped-bass-wed-better-pay-attention/

9.  Do states have the authority to set striped bass regulations in defiance of the Atlantic States Fisheries Commission?

Click to access ACFCMA.pdf

http://www.ncdoj.gov/About-DOJ/Legal-Services/Legal-

“Summary of Opinion

• “Did the Atlantic Coastal Fisheries Cooperative Management Act expand the powers of the ASMFC as established in the interstate compact approved by the Congress in 56 Stat. 267 (1942) and by 64 Stat. 467 (1950)?”
• Reply: Yes. The powers conferred on the ASMFC by the interstate compact approved by Congress were limited to making recommendations to the member states, unless the states expressly consented to ASMFC binding regulations. The Atlantic Coastal Act enacted by Congress in 1993 expanded the ASMFC’s power to make its decisions binding on the states, as defined in the Act, without the consent of the states.

• “Did the Atlantic Coastal Fisheries Cooperative Management Act alter the purposes of the ASMFC as established in the interstate compact approved by the Congress?”

Reply: Yes. The original purpose of the ASMFC was to establish a cooperative, voluntary fisheries management program. Pursuant to Amendment No. 1 of the Compact approved by Congress in 1950, member states could choose to designate the ASMFC as a joint regulatory agency “for the regulation of the fishing operations of the citizens and vessels of such designation states with respect to specific fisheries in which such states have a common interest.” The original purpose of establishing a means for the voluntary and cooperative regulation of fisheries by the member states was changed by Congress when it enacted the Atlantic Coastal Act. That Act empowered the ASMFC to make binding decisions, enforceable against the states through sanctions levied by the United States Secretary of Commerce, even when there has been no determination by the states to join in a particular regulatory program.”

Questions:

If they have the authority, why don’t they exercise it?

What carrots does the ASFC have to ensure that states comply with their rulings?

10.  What data helps inform striped bass management plans?

Click to access pone.0136412.pdf

http://conservefish.org/2016/10/11/rules-catch-limits-limit-harm/

Questions:

What is the evidence for the success of striped bass management since the 1970’s?

11. What is the value of tagging striped bass?

Tagging is an effective way to gather information about the movements of animals. One of the most common tagging techniques is the application of an external tag. The Littoral Society has been facilitating external tagging of striped bass for many years. The tags contain contact information so that if the fish is caught, the location of the fish can be noted and sent back to the society. Ultimately the data is sent to NOAA, Division of Marine Fisheries where it can be analyzed. This tagging approach has provided information about the annual migration of striped bass.

A second common technique is similar to EZPass used for cars. A transponder (PIT tag) is placed in the body cavity or muscle of a fish and when the fish comes within range of an antenna, the transponder information can be registered to identify the fish. The transponder does not need a battery and therefore can be used for the life of the fish. The PIT tag is small and can be used on fish of most sizes. The limiting feature of the PIT tag is the range over which it can be detected (feet).

A third technology is acoustic telemetry. A battery powered device is placed in the body cavity. The size of this device requires that the fish be over 28” in length so that the weight does not affect fish behavior. Receivers can pick up a signal specific to the device over long ranges (miles). If a receiver array exists, the fish can be tracked over long distances. The limiting features are the battery life, the cost and the potential loss of the transmitter when the fish is caught and kept.

Questions:

Does an external tag make a striped bass more vulnerable to predation? By placing a colored tag on a fish that is visible to predators, have you created a lure?

Is the data accumulated from one tagging method more informative than that from another?

What is the mortality of striped bass that have been tagged? Do different tagging techniques have different mortality outcomes.

12.  Why have environmental police?

If most recreational and commercial fishers agree that regulations have played a large role in the recovery and protection of the striped bass stock, why is policing necessary.

As is true with any law, individuals can make a conscious effort to break it, and if caught, must face the consequences. Unfortunately poaching of striped bass of illegal quantitites and lengths occurs.

In states that ban commercial fishing for striped bass it is legal for restaurants to serve hybrid, cultured striped bass. Unfortunately some restaurants in these states have been caught serving wild fish.

Question:

How can one tell if a fish fillet is wild or hybrid striped bass?

13.  How much do we know about the habits of striped bass?

Fishers have a great deal of knowledge about striped bass but it is generally mixed with hyperbole, secrecy and the unknown. How can science provide further information of striped bass behavior?

Questions:

Do all striped bass migrate?   Are there populations of striped bass there are holdovers that do not migrate but rather spend the winter in rivers or ponds?

Do fish recognize certain locations as reliable “food sources” and stay with the source rather than continue their migration?

Does a migrating prey item dictate the striped bass migration?

Is there a lower temperature limit to ensure survival of striped bass?

Do fish prefer certain sources of food? What senses allow them to make the distinction?

14.  Striped bass are a tertiary consumer on the food chain.  To protect striped bass, humans are restricted in their ability to catch this fish.  Should fishing for striped bass prey be regulated as well?

In Massachusetts it is illegal to catch river herring because of a drop in their population. Thus these fish, that are a prey of striped bass, are currently regulated. Commercial fishing for menhaden, a preferred prey, currently has a quota in Massachusetts as do other fish including the striped bass.

http://www.mass.gov/eea/agencies/dfg/dmf/commercial-fishing/quotas-and-landings/

Questions:

How do quotas affect the ability of a commercial fisher to make a living?

Are quotas fair? Effective?

How do regulations address the general ecosystem of which striped bass are a part?

15.  Should striped bass be regulated by individual states or by region (i.e.,Atlantic Coast)?

“Ocean fisheries in the United States are officially managed by the secretary of commerce, though actual fisheries management responsibilities have been delegated first to the administrator of the National Oceanic and Atmospheric Administration (NOAA), and within NOAA to the National Marine Fisheries Service (NMFS), which is primarily responsible for federal fisheries management. The NMFS, which is made up largely of biologists and fishery managers, has a staff of about 2,200, which is divided among its headquarters in Washington, D.C., and its five major regional offices.”

Recreational fishing in state waters is governed by the Department of Maine Resources. The migratory stock is managed by the Atlantic States Marine Fisheries Commission. Striped bass are considered a migratory stock.

http://www.onthewater.com/the-gamefish-debate/

“…Atlantic States Marine Fisheries Council (ASMFC), a federally mandated group. The ASMFC was established by an act of Congress in 1942. Each of the 15 coastal states sends three representatives—one each of whomever is head of the state agency in charge of conservation of fisheries resources, a member of the state legislature, and a citizen with fishery knowledge to be appointed by the governor—and each state gets one vote.”

http://www.onthewater.com/the-gamefish-debate/

“How States Manage Striped Bass

Every state on the Atlantic Coast sets regulations for striped bass fishing in its waters that are in accord with the quotas set by the Atlantic States Marine Fisheries Commission (ASMFC). It is up to each state to determine whether or not it will allow a commercial harvest. If a state allows a commercial harvest, the ASMFC sets a quota based on the historical commercial catch in that state as a percentage of the coastwide commercial quota. Management decisions involving gear type, season dates, etc. are made by each state. In some states that had verifiable commercial quotas, like New Jersey, the quotas have been given as bonus catches to the recreational fishermen in those states.”

http://www.asmfc.org/about-us/program-overview

Questions:

Can States rights overrule the authority of the Atlantic Coast Fisheries Commission?

Why is the Commission necessary?

Can States petition the Commission for modifications in the management plan? Why?