A breakdown of key elements of the president’s executive order #14430.
On September 17th, President Trump issued an executive order called Restoring American Saltwater Angling and Recreation. As per the introductory paragraph, the purpose and policy of this directive is to ensure America’s recreational fishing remains strong by appropriately prioritizing both recreational and commercial fishing at the federal management level.
“From saltwater anglers and offshore boaters to charter operators, the recreational fishing industry is a strong driver of our Nation’s outdoor economy,” the executive order states, the president referencing how America’s outdoor recreation sector generates over $1.2 trillion annually while supporting over 5 million jobs.
Did President Trump come up with this in his own words? Of course not! But after poring over the 2,000-word edict my takeaway is that it represents a “bottom up” approach; that is, the order reads as if overarching angler concerns have made their way up the chain of command, through the management process, into the office of NOAA Fisheries at the Department of Commerce, ultimately landing on the president’s desk.
We could debate DOGE and scientific budget cuts and the renaming of waterways all day long – from across both sides of the aisle – but what’s important here is addressing some of what’s actually inside executive order number 14430, and how it affects saltwater anglers.
Magnuson Stevens
So what is an executive order and how does it work? That very question – as answered by the American Civil Liberties Union (ACLU) – is that it’s a written directive, signed by the president that orders the government to take specific actions to ensure “the laws be faithfully executed.” It comes from Article II of the Constitution which vests the president with executive power, with the clear obligation that an order “take care that the laws be faithfully executed.”
In saltwater fisheries, the federal law atop the management hill is the Magnuson Stevens Fisheries Conservation and Management Act (Magnuson Stevens). This law was enacted in 1976 to extend U.S. sovereign rights and fishery management authority out 200 nautical miles from the coastline. The first order of business in establishing this Exclusive Economic Zone (EEZ) from 3 to 200 miles was to prohibit foreign fleets from further decimating our fish stocks. Today, those fleets are not allowed inside the EEZ. Magnuson Stevens also established a regional fisheries council system (Mid-Atlantic Fishery Management Council, New England Fishery Management Council, Et al.) came to be.
In the 50 years since President Ford signed it into law, Magnuson Stevens has been reauthorized only twice, once in 1996 and again in 2007. You may remember the acronym MRFSS; up until 2012, the Marine Recreational Fishing Statistical Survey was used for recreational data collection. Just prior to the 2007 reauthorization, the National Academy of Sciences deemed MRFSS “fatally flawed,” leading Congress to introduce new language in Magnuson Stevens to replace that old methodology. This is what led to a national database of anglers – for contact purposes – under the new Marine Recreational Information Program, or MRIP.
Regrettably, MRIP isn’t much different than MRFSS; it still uses random catch sampling on the docks, coupled with postcards sent by NOAA Fisheries to random households to gather effort data. A rather striking announcement came on August 7, 2023, when NOAA Fisheries revealed that their new Fishing Effort Survey used in MRIP was likely overestimating angler effort by as much 30 to 40%, while admitting to “reporting errors and illogical responses” in the surveys.
Data Disconnect
With a disconnect between Congress’ intentions within Magnuson Stevens to fix the data and NOAA Fisheries’ response, the executive order specifically states “all relevant executive departments and agencies (agencies) shall partner with States and the private sector to vigorously rebuild, expand, permit, and modernize data collection.” It goes on to explain, “To resolve chronic inaccuracies and latency in Federal recreational catch and effort estimates, the Federal Government must transition away from antiquated data collection and sampling practices.”
Under the executive order, the Commerce Secretary, through the NOAA Administrator, is required to evaluate the statistical reliability of traditional mail‑in survey systems for recreational catch-and-effort data collection and their overall adequacy. “The results of this analysis should be considered in determining whether, and to what extent, such mail-in survey systems shall be phased out,” the order reads.
Recreational data collection is a well-known problem impacting angler access to many Council-managed species like summer flounder, black sea bass, bluefish and porgy. Thus, the order calls upon NOAA to “harness existing platforms and potential successor platforms and technologies to deploy standardized, user-friendly mobile applications for mandatory and voluntary electronic reporting by recreational anglers and for-hire operators.”
Yes, the order recognizes that recreational data collection used to strictly monitor congressionally required Annual Catch Limits (ACL) is in need of overhaul, but it’s important to note that random sampling will never be able to truly tabulate pound-for-pound harvest information in the angling community. That’s why saltwater angler should pay particular attention to the line above about “mandatory and voluntary electronic reporting.” This executive order, while acknowledging the flaws from MRFSS through MRIP, creates a potential new requirement for private anglers in the form of mandatory catch reporting.
Currently, for-hire boats who take passengers fishing for bluefish, fluke, porgy and sea bass in federal waters must have federal permits; in turn they must keep daily catch logs through electronic Vessel Trip Reports, or eVTR. It’s this mandatory for-hire catch reporting that has led to the “sector separation” debate at the Mid-Atlantic Fishery Management Council which is now leaning to a “mode split” model where federally permitted for-hire vessels get a different set of season, size or bag regulations than private anglers; it’s all because of the quality of the data.
An Initial Response
Before taking over as Director of Government Affairs at Viking Marine Group, fisheries biologist John DePersenaire was responsible for policy analysis, working alongside Jim Donofrio at the Recreational Fishing Alliance. In a follow-up letter to NOAA Administrator Dr. Neil Jacobs in response to executive order #14430, DePersenaire encouraged the federal fisheries service to pursue a “nuanced approach” to data collection. “Obtain the information necessary to improve management while minimizing the burden placed on individual fishermen,” DePersenaire wrote, adding “Technology should make participation easier, not turn recreational fishing into an increasingly regulated reporting exercise.”
One aspect of the executive order that DePersenaire and others I’ve spoken with feel is a positive and critically important step pertains to the federal government working with coastal states. As per the president’s order, “it is the policy of my Administration to demand accurate cutting-edge data collection and empower State-Federal partnerships to produce the information needed for responsible management.” DePersenaire called this an important model worth expanding. “The executive order recognizes that where state-collected data may demonstrate a lower error rate than the federal data, NOAA should consider whether that information can be incorporated into management decisions.”
“The federal government should make greater use of the information that is already being generated by states, fishermen, charter operators, private technology companies, academic institutions, and other credible sources, rather than assuming that additional reporting requirements are always the answer,” DePersenaire added.
One caveat worth mentioning, one which has generated some internal conversations at The Fisherman, is the line that reads “All such agencies shall eliminate unnecessary restrictions that harm our coastal economies, burden charter fishing businesses, and limit public access to our marine resources.” While some fear that simply eliminating restrictions poses a risk to the health of our fisheries, the responsibilities for meeting that mandate reside with scientists within NOAA Fisheries; they’re the ones ultimately responsible for deciding upon “necessary” versus “unnecessary” restrictions under existing federal law.
What Else Is In There?
The American Sportfishing Association (ASA) was quick to praise the president’s executive order, with the association’s president and CEO Glenn Hughes at the White House for the official announcement. “This executive order will have long-term benefits for the sportfishing industry and America’s 15.5 million saltwater recreational anglers,” Hughes said, calling the administration’s directive “decisive action to improve management and data collection for America’s saltwater fisheries.”
In addition to modernizing recreational data collection, while also incorporating industry data to better measure the socioeconomic value of recreational fishing, ASA also pointed out three other critical points of the executive order, consistent with existing federal law:
- Advance technology-based approaches to marine mammal avoidance, including directing NOAA to work with the private sector to integrate new technologies that can improve marine mammal detection and avoidance.
- Fast-track artificial reef and habitat creation, including establishing a federal Reef-in-Place Program for eligible offshore structures and streamlining permitting for qualifying artificial reef projects.
- Address shark and pinniped depredation and their impacts on recreational fishing by improving research and coordination among federal and state fisheries managers, anglers and the recreational fishing community and advancing management strategies to reduce harmful interactions.
As to bullet point number one above, a vessel speed restriction to protect North Atlantic right whales was proposed by the Biden Administration which would’ve expanded upon the federal North Atlantic Right Whale Vessel Strike Reduction Rule to limit the speed of recreational boats 35 feet and greater to 10 knots in areas up to 90 miles offshore for much of the year. As I’d noted in a 2024 news brief in The Fisherman, “Such a rule would severely limit access along the Atlantic Ocean in the fall, winter and spring, putting lives at risk, as small boats cannot safely travel at these slow speeds in the open ocean.”
| STRIPED BASS TAGGING |
| One additional item worth mentioning in President Trump’s executive order, under Section 4 (Restoring Integrity to Fisheries Science and Data) is the following paragraph:
“To address the decline of iconic recreational fisheries, such as the Atlantic striped bass and other depleted stocks, the Secretary shall generate a list of key species to use in partnership with the recreational angling community, charter captains, and State agencies to gather real‑time data, deploy advanced tagging technologies, and improve catch‑and‑release mortality estimates. The Secretary shall develop and initiate at least two new pilot programs for recreational fisheries data collection or management approaches working with the angling community that test innovative solutions for achieving sustainable fisheries management that maximizes fishing access.” Since kicking off the Northeast Striped Bass Study in 2019 using satellite tracking devices in striped bass, The Fisherman and Gray Fishtag Research – in conjunction with our readers and supporting sponsors – have yelled from the rooftops about these high-tech research efforts. While we’re still deploying these devices in catch and release stripers along the Atlantic Coast, other organizations – after often consulting with Gray Fishtag Research – have launched similar projects to help map complex migration patterns and migratory behavior of Atlantic striped bass. As another president – John F. Kennedy – once famously said, “success has many fathers.” For those who might ask where the president and his administration might’ve gotten all this info on striped bass to include in the executive order, I like to think the squeaky wheel eventually does get the grease! More science for striped bass, that has to be a good thing, no? |
The president’s order calling for the greater use of onboard technology to protect whales was well-received by the recreational boating industry. “This is an area where the marine industry has already demonstrated an extraordinary commitment to developing, evaluating and funding practical solutions,” said DePersenaire, going on to say “Boat manufacturers, marine electronics companies, artificial intelligence developers, sensor manufacturers, navigation companies, researchers and other technology providers are actively working to develop systems capable of detecting, identifying, communicating, and helping mariners avoid marine mammals and other hazards.”
On behalf of many of the nation’s boat builders, Viking sees this action as an important step that adds momentum to the marine industry’s effort to modernize the 2008 North Atlantic right whale vessel speed rule. “The executive order makes clear that this is a priority, and we need to use that momentum to keep the rulemaking process moving forward,” said DePersenaire, saying that he expects a Notice of Proposed Rulemaking from the agency by December. “Technology has emerged as a way to address this important conservation issue without unnecessarily restricting boaters,” he added.
As for as the reef-building mention in bullet point number two, I expect that’s really directed to a Rigs-to-Reefs program in the Gulf States where decommissioned offshore oil and gas platforms are converted into permanent artificial reefs. If there’s any way to benefit the Atlantic Coast with additional reef materials of opportunity, perhaps the executive order can help.
Finally, bullet point number three above relates to the ongoing shark depredation problem which has become a serious issue in New England waters in particular within the striped bass fishery. The president order calls upon the Commerce Secretary to establish an Interagency Shark and Pinniped Depredation Task Force, while actively addressing international and domestic barriers to sustainable shark fisheries “to the extent permitted by applicable law.” Again, as per the U.S. Constitution, executive power has the clear obligation that any order must “take care that the laws be faithfully executed.”
Overall, the Magnuson Stevens Act is a pretty good law; but what Congress mandated on behalf the American people and its fishermen – particularly through two congressional modifications in 1996 and 2007 – can often be interpreted in a way that’s not exactly conducive to conservation and access. Time will tell how the president’s executive order can help with addressing various issues within its basic legal tenets; but the clock is already ticking on NOAA Fisheries’ response.
