![]()
![]()
![]()
![]()
![]()
![]()
FISHERIES MANAGEMENT & LEGISLATIVE REPORT
by Tom Fote
(from Jersey Coast Anglers Association April 2000 Newsletter)
Leahy Bill Aimed At Mercury Levels In Fish (Ken MaGuire - The Associated Press Washington)
Frank Richettis article discusses how the NJ Marine Fisheries Council screwed up the Menhaden regulations on reduction votes. I have one bit of information to add. Dr. Robert Able cast the deciding vote on the Menhaden regulations. He is responsible for vetoing the regulations that we wanted. When I questioned his vote, he responded that he didnt understand the regulations and was confused. I was justifiably furious. We have been discussing this issue for more than 15 years. Dr. Able has been present for many discussions about this issue. For him to suggest that he didnt understand and was confused is ridiculous. JCAA sent him considerable material during the last five years. If he is unable to understand an issue that is so clear and with so much history before the council, he should resign and let someone who is capable of understanding and voting with intelligence take his place. If his statement to me was incorrect and he did not vote out of ignorance, then I think it is appropriate for us to question his motives. Remember, Dr. Robert Able is a member at large. And we know how the public at large feels about this. He cant have it both ways. Either he is too ignorant on the issues to serve on the council or he is incapable of representing the public at large. He might also want to rethink his ignorance about the glass eel issue. He was one of the loudest voices supporting the opening of the glass eel fishery. He clearly has a history of ignoring the public or the resource needs in favor of the commercial needs. Please write Governor Donald DiFrancesco and ask him to demand Dr. Ables immediate resignation.
I received an email from someone on my
email list that did not agree with the JCAAs positions on conservation zones and our
opposition to a three fish bag limit on summer flounder.
I went into more detail about the conservation zones in this newsletter. Once any sportsperson understands the implications
of these proposals they come to agree with JCAAs position.
My concern is the question I am often
asked by other anglers, Why does anyone need more than three fish? In response to the recent email I would reply as
follows. JCAA tries to represent and protect
all the anglers in NJ. I believe in the same philosophy as your dad, NEVERTAKE MORE THAN
YOU CAN EAT, and so do most of the anglers that I meet.
. Some of them might have different needs than you and I. They might have a
big family or want to put fish in the freezer since they only get out once a month because
of work and other commitments. I remember one
guy complaining about the fact that someone on a party boat can keep two striped bass in
NY and he felt that they should be keeping one because that is all he ever kept. The guy complaining fished five days a week and
caught lots of stripers. This guy on the
party boat might have been making his only trip of the year, month or week. The person complaining killed many times more fish
through hook and release mortality than the person keeping two fish on his party boat
trip. I know how many times the guy
complaining fished but I can only guess how often the party boat guy did. In the end the person that was complaining and
said he was conserving the fish killed many more times the number of fish than the guy
fishing the party boat. I also find a lot of
people who say we should only practice catch and release and then I later find out they
dont even eat many kinds of fish.
The bottom line is neither one of those
guys is the reason the stocks are having problems. I
do not think so. It is the illegal
commercial and recreational harvest. By some
estimates the unreported commercial landings are at least double the reported landings. There are huge bycatches and discards of striped
bass and many other fisheries problems that we are not addressing. All you have to see is the hundreds of striped
bass that float up on the beach when the commercial netters are netting shad or bluefish.
I have
learned that I should put myself in the other anglers shoes before I make
generalizations about who needs what. There
is probably no way to distribute the fish available to everyones satisfaction. Remember, statistics show that summer flounder
fishermen take home only one fish for every three trips.
I find it hard to believe that we are overfishing when we are taking so
little home. We need to get on the same side
and stop squabbling among ourselves.
BY KEN MAGUIRE The Associated Press
WASHINGTON
The federal government would toughen
seafood safety regulations under legislation introduced Thursday by Sen. Patrick Leahy,
who said the current acceptable level of mercury in fish causes neurological problems in
newborns.
The proposal, which an industry
executive said would be "vigorously challenged," directs the Food and Drug
Administration to resume mercury testing. Some women of childbearing age are at risk of
giving birth to children with neurological problems under current mercury regulations,
Leahy said.
"There are no more excuses for
delay," he said. "We know the dangers of mercury and the public has a right to
know that the seafood they buy for their families is mercury-safe."
Fish are safe to eat, the FDA says, if
they contain less than 1 part per million of methylmercury, the form of mercury found in
fish. Mercury is a natural element and is caused by pollution.
The Mercury-Safe Seafood Act would
require the FDA to adopt a "tolerance level" based on current scientific
findings, which would prohibit fish that contain what is deemed an unacceptable level of
mercury from being sold in the marketplace.
The bill, cosponsored by Sen. Tom
Harkin, D-Iowa, points to Environmental Protection Agency mercury guidelines that are five
times tougher than the FDA standard.
It also calls for the resumption of
mercury testing of domestically caught seafood, a practice the FDA halted in 1998. It
proposes $3 million annually for 10 years for FDA testing and public education efforts.
The bill cites a Centers for Disease
Control report that found 10 percent of women of childbearing age who eat fish are at risk
of giving birth to children with neurological problems.
The FDA in January issued an advisory
to women of childbearing age warning against eating king mackerel, tilefish, shark, and
swordfish. Levels of mercury in those fish can damage an unborn baby's brain, it said.
Several states have offered similar advice and include tuna on the list.
An FDA report on mercury levels in fish
is due to be released this spring. FDA officials refused to comment on the Harkin-Leahy
proposal, but one industry executive said no changes should be made until results of the
FDA study are made public.
"It's much more appropriate to
wait for the science to come in. It's a matter of two or three months," said Richard
Gutting, president of National Fisheries Institute, which represents the fish and seafood
industry. "I think it's premature. Scientific findings to date are very
conflicting."
The lower the tolerance level goes,
"more and more food is taken off the market," Gutting said, adding that it's too
early to estimate potential financial losses. He predicted the measure would be
"vigorously challenged" if pushed through before results of the FDA study are
released.
Eliminating mercury from fish could
take between 15 and 50 years even with improved standards, Mercury Policy Project
Executive Director Michael Bender said. Mercury gets in fish through pollution that seeps
into the water.
"We really need to start doing a
good job of warning the public and pregnant women and children about the dangers," he
said.
A similar bill failed in the House last
year. Bender said he's optimistic, however, because Health and Human Services Secretary
Tommy Thompson and EPA Secretary Christie Whitman supported efforts to reduce mercury
emissions when they were governors of Wisconsin and New Jersey, respectively.
The FDA's policy is to withhold
comment on proposals until they become law, a spokeswoman said.
The summer flounder issue is still not
resolved. At printing time the Atlantic
States Marine Fisheries Commission had not released the new tables for this years
fishery. Until they do, we have no additional
information. New Jersey Marine Fisheries
Council voted to go with eight fish at 15 ½ inches with a season from May 5th
to October 1st. This will be
changed once the new tables are available.
3/7/2001
Subject: Marine Conservation Zones
off Island Beach State Park
Tidelands Commission Testimony
Jersey Coast Anglers Association
and the New Jersey State Federation of Sportsmens Clubs are not convinced that
we need special conservation zones around Island Beach State Park. We feel that proper law enforcement of the
existing rules and regulations would go a long way in solving the identified problems. It should be clear that we are not in support of
these zones or any of the current proposals to write these zones into regulations.
Having made our objection clear, we do
understand that there is a great deal of pressure on the Tidelands Commission to implement
these conservation zones. If this becomes a
reality we demand that you give the authority to veto any changes other than the Jet Ski
rules to the NJ Marine Fisheries Council and the NJ Fish and Game Council. We have been told that Fish and Wildlife and
Division of Parks and Forestry would have to consent to any changes before DEP would take
any action. This is not acceptable. Both of these agencies function under the
direction of the DEP and the commissioner is their boss.
They can hardly be impartial. The
only way we will accept any conservation zones is if the NJ Marine Fisheries Council and
the NJ Fish and Game Council can represent the interests of the hunters, commercial
fishermen and anglers by exercising a veto if necessary.
There are two important issues to
consider. First, we have experience with
marine protected areas throughout the country. Our
experience is that bureaucrats will change how rules are implemented based on their own
personal feelings rather than on science. The
second issue is that this conservation zone project is being touted as a pilot project for
other areas in the state. This scares the
hell out of us. We cannot allow this
conservation zone to supercede the existing process for changing rules and regulations,
which requires the use of the best existing science.
We could wind up with little fiefdoms throughout the state, run at the whim
of bureaucrats and special interest groups.
The NJ Marine Fisheries Council and the
NJ Fish and Game Council are made up of private citizens who are hunters, anglers and
commercial fishermen. They are accustomed to
dealing fairly and equitably with a variety of issues and agencies. Their mandate is to make decisions based on the
best available science, not the whims of bureaucrats, politicians or special interest
groups. We trust them to make decisions that
will protect the resource and treat the user groups fairly.
The conservation zones will not work unless the public has some trust in the
process.
Sincerely,
Thomas P. Fote
Legislative Chairman JCAA &
NJSFSC
Will be April 23 - 26, 2001at the Quality Hotel and Conference Center 1200 North Courthouse Road, Arlington, Virginia 703-524-4000. For information on agenda and updates call the ASMFC 202-286-6400
or
go to http://www.asmfc.org/newpage5.htm or
Fishnews is NOAA Fisheries' automated
e-mail system. Fishnews has been developed in response to commercial and recreational
fishermen and other constituents who have asked to be promptly notified about NOAA
Fisheries' activities. The system is designed to provide notification of NOAA Fisheries
Federal Register actions, news releases, publications and upcoming events of interest to
our constituents. Go to this page to get
information on Fishnews <http://www.nmfs.noaa.gov/fishnews.htm>
How to Subscribe
To subscribe to the system, send an
email to listproc@ns.noaa.gov. Leave
the subject line in your message blank. Then go to the body of the message and type in all
caps: SUBSCRIBE FISHNEWS YOUR NAME.
Do not include any other text in the
message. Hit send. If you are successful, you will quickly receive a notice confirming
your subscription. For example, your message should read: SUBSCRIBE FISHNEWS JOHN DOE
To remove your name from the list,
write to listproc@ns.noaa.gov, and
include UNSUBSCRIBE FISHNEWS in all caps in the body of your message. Participation is
entirely voluntary.
If you have comments or suggestions
about Fishnews, send your comments to the Fishnews Editor at Fishnews.feedback@noaa.gov.
How to View Federal Register
Documents
The Federal Register is the official
daily publication for Rules, Proposed Rules, and Notices of Federal agencies and
organizations, as well as Executive Orders and other Presidential Documents. You can find
NOAA Fisheries latest (published) regulatory activities online by accessing the Federal
Register Online at: www.access.gpo.gov/su_docs/aces/aces140.html.
We suggest you click on the link, "Browse back issues of the Federal Register Table
of Contents." This will give you the most current list as well as lists from past
years.