Fish Or Cut Bait

by Emmett Harris

A U.S. District Judge’s recent ruling to cut the number of commercial fishing days at sea from 88 to a maximum of 70 has cast serious doubts on the wisdom surfacing from the depths of the legal process.  Whether she fell asleep at the helm or purposefully veered into troubled waters, Judge Gladys Kessler opened up a can of worms with her decision.

Sunday, May 5, the town of Gloucester, Massachusetts was teaming with fishermen from up and down the Northeast coast.  With fishing vessels floating in the harbor as a backdrop, hundreds gathered at the reverential “Man at the Wheel” statue (not to be confused with the inconsequential Pat Sajak, Man at the Wheel game show host) to hold signs and publicize their judicially generated plight.  It was the perfect bait.  The scent of a rally was enough to lure news hungry reporters to the site.      

Despite being newcomers to the topsy-turvy world of protesting, the fishermen displayed a high degree of enthusiasm and it was apparent to all that they weren’t afraid of jumping in and getting their feet wet.  One local fish cutter, Myron Lapine, feared what would become of Gloucester once the restrictions take affect:  “I think it’s going to kill [the town], wipe it out.” Then he added, “I’m all for conservation, but you’ve got to let these guys fish.  That’s all they know.  It’s to the point where these guys are going to get crushed.”  It’s a dismal assessment, but one that apparently didn’t make it on to Judge Kessler’s radar screen.  I guess the fish have more standing. 

Environmental groups, meanwhile, reeled in the judge hook, line, and sinker.  Eric Bilsky, legal shark for one of these self-proclaimed environmental groups, Oceana, led a federal court battle angling to sharply curtail commercial fishing in New England waters.  Overfishing, the suit alleged, was drastically depleting the native populations of cod and flounder.  (Sorry, Charlie.  Tuna didn’t make the list.)  Though no physical count was ever conducted, a statistical sampling of resident fish species calculated in the 2000 census tended to bolster the environmentalists’ claims.  With imminent disaster supported by the best wild guess that science can offer, counterclaims of replenishing fish stocks could safely be ignored and victory in court was assured.  Judge Gladys, not known for swimming against the tide, followed the previous court’s lead.   

According to the Associated Press, under the new rules set forth by Kessler, “fishing days at sea are [to be] determined by the average number of days a fisherman used between 1996 and 2001 minus 20 percent.”  Sure, the formula is arbitrary, but, hey, it’s about as solid as any predictions regarding fish stock levels.  And besides being capricious, it could lead to heavier fishing in the future.  Under the current ruling, those who foolishly followed stringent guidelines in the past will be rewarded with the heaviest fishing days at sea restrictions.  Fishermen fortunate enough to survive financially will have learned a valuable lesson, namely that their best bet is to fish at whatever the current maximum level is.  Otherwise, they might be snagged by future rulings.      

Certainly, the future of the fishing industry looks bleak.  Entire fishing areas have been closed in addition to the days-at-sea reduction.  It’s a wonder that no politician took the occasion to capitalize on the . . . no wait . . . somebody already did.  U.S. Sen. Ted Kennedy was on hand at the protest, soaking up publicity like a roll of Bounty.  “This harbor has seen fishing for 400 years and we’re not going to let it stop now,” he bellowed at a scattering flock of gulls.  But don’t doubt his veracity.  While it may look like pure opportunism, the Senator’s support is probably genuine.  After all, he has had a long and infamous association with the sea and he empathizes with the difficulty of bringing things to the surface.  Moreover, it’s tragic when government decisions ruin lives, so perhaps he’ll do his part and ruin a little bit of our lives by deciding that we should foot the bill for the fishermen’s loss.  That should make Teddy feel better.  I can almost see the Gorton captain smiling. 

Thankfully the fisheries are in public waters.  I’d hate to see the feeding frenzy of cutthroat actions if private parties actually had to bid for the resource.

email.gif - 574 Bytes

May 8, 2002

discuss this column in the forum

Emmett Harris lives upwind of the Kennedys on Cape Cod. 

Emmett Harris Archive