ASA Highlights Legal Validation of Alternative Management Approaches for Recreational Fisheries

Alexandria, VA – The American Sportfishing Association (ASA) is pleased to announce that Judge Beryl Howell of the United States District Court for the District of Columbia has upheld the legality of the Harvest Control Rule (HCR) under Framework 17 specific to the recreational fisheries for summer flounder, scup, and black sea bass. ASA was accepted as an intervenor in the Framework 17 lawsuit.

This ruling affirms that the HCR and the Percent Change Approach, implemented in the Mid-Atlantic and New England regions, comply with the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The overall goal of the Percent Change Approach is to provide more stability for the recreational sector by iteratively adjusting management measures to achieve the Recreational Harvest Limit, while minimizing potential overreaction (overcorrection) to annual variability in the harvest estimates.

“This ruling reinforces the progress made in developing alternative recreational fisheries management that still adheres to the conservation ethic of the MSA and highlights the significance of innovative strategies like Framework 17,” said Mike Waine, ASA’s Atlantic Fisheries Policy Director. “Such measures are essential for addressing inherent imprecision in recreational fisheries data, providing predictability for anglers, and supporting a robust recreational fishing sector.”

The court concluded that Framework 17 not only fulfills the Annual Catch Limit (ACL) requirements of the MSA but also aligns more closely with National Standard 1. This standard establishes two key targets: (1) preventing overfishing and (2) consistently achieving optimum yield (OY). While the ACL acts as a guideline for preventing overfishing, National Standard 1 emphasizes a wider approach, indicating that the ACL alone should not be the only measure used to assess the effectiveness of recreational management strategies. The court’s holding recognizes that the National Marine Fisheries Service can adopt management approaches that better address the inherent variability and uncertainty present in recreational fisheries compared to commercial fisheries and that are consistent with the Modernizing Recreational Fisheries Management Act of 2018.

This comprehensive approach fosters a more effective and stable regulatory environment, benefiting both fishery resources and the angling community. Framework 17 was developed collaboratively over multiple years with stakeholders, the Mid-Atlantic Fishery Management Council, the Atlantic States Marine Fisheries Commission and NOAA Fisheries and is part of a broader recreational reform initiative in the region.

For more information about ASA and its commitment to sustainable fisheries management, please visit our website. The courts memorandum opinion can be accessed here.