JCAA

      


 

Fisheries Management & Legislative Report

by Tom Fote

(from Jersey Coast Anglers Association July 2003 Newsletter)

JCAA Achieves C-3 Status

            After many years of work, JCAA has finally changed its tax designation from C-4 to C-3.  We have always been a tax-exempt organization.  With this change, we become tax deductible.  This change is appropriate because we meet all the criteria for a tax-deductible organization.  This requires no change in the way JCAA operates.  It will, however, benefit our contributors.  It will also allow us to apply for grants that are only available to C-3 organizations.  This designation allows for our continued growth and also allows us to expand our fundraising, research, education and grant writing possibilities.  If you have some expertise in grant writing, we could use your help.  If you have a company or work for a company that is interested in donations to a C-3 organization, or has a foundation in place to make these types of donations, please let us know.  We are forming a committee to expand our commitment to education and research.  Please let us know if you are interested. 

            Special thanks to Frank Richetti, Doug Tegeder and the past presidents of Jersey Coast for getting our bylaws and paperwork in order.  Special thanks to John Koegler for finding us an attorney who finally got this done.  Once we know more about our C-3 status your usual checks to JCAA marked donation and get a tax write-off. 

 

Two Weeks in DC

            I attended two weeks of meetings in Washington, DC.  First, I attended the American Sportfishing Association meeting followed by the Marine Fish Conservation Network and then the Atlantic States Marine Fisheries Commission.  I also met with the commissioner from the Pew Oceans Commission and the Oceans Commission.  The same topics were discussed at different meetings but the point of view was frequently different.  Hot topics, as usual, were no take areas, freedom to fish, pollution, environmental concerns and rebuilding stocks.  It is refreshing that there is all this buzz about protecting the oceans and the resources.  Even our representatives in Congress were discussing the latest reports.  The tough part is bringing all the diverse groups together with a common focus necessary to accomplish anything.  It would be a shame if small parts of these plans, which stir up controversy, detract from the overall area of agreement. 

            Tom Siciliano shared his comments and impressions about the Pew Commission Report elsewhere in this newspaper.  It was great to have another member of JCAA at these meetings.  Tom was able to attend meetings of ASA and the Marine Fish Conservation Network and it is great to have another fresh perspective. 

            At the ASA meeting we discussed the federal Freedom to Fish Bill and the renewal of permits for dams and power companies.  We are still suffering the consequences of poor design of fish escapement for dams and power plants.  We also talked about the use of water for farming and personal consumption in the west.  People on the west coast have realized the serious consequences for wild fish stocks when we continue to increase our water usage.  On the east coast we are much less aware and involved with this problem.  JCAA has been involved with this issue for many years as part of our work with estuary programs.  We have always known about the importance of the estuaries as nursery areas and have come to understand the significance of freshwater diversion from these estuaries.  This topic was discussed at all three meetings, an indication that people are starting to recognize the importance of this topic.  At the Atlantic States Marine Fisheries Commission it was interesting that the Mid-Atlantic and South Atlantic regions were very aware of this issue.  It has less perceived importance at this time in New England. 

            At the Marine Fish Conservation Network meetings there was a lot of discussion about the two oceans commissions, the Magnuson Act and other legislation that would directly impact on fisheries.  We had a special board meeting to discuss buy-backs or federal assistance to the fishing community.  It was an interesting topic and there was considerable discussion about guidelines and insuring that money is well spent.  In the upcoming months there will be much more discussion on this topic.  The current understanding is that there will be little movement on the Magnuson/Stevens Act in 2003.  It was also interesting to hear from ocean advocates from all 50 states.  Sometimes we get very parochial and it is good to get the wider perspective.  With that wider perspective we can see the common issues that we share, environmental concerns, sprawl, and the pressure we are putting on the marine resource.  The fishing practices may vary and the specific problems may be different but the overriding concerns are the same. 

            I have included the pertinent parts of the meeting summaries of the Atlantic States Marine Fisheries Commission.  Of most importance to us is that the summer flounder decision on paybacks was postponed.  I feel we are now more focused on improving the recreational tables to reflect real life rather than discussing paybacks.  The fishermen have always looked for tables that accurately reflected what was available for catch.  Finally, there seems to be a greater understanding that recreational fishing is hard to quantify and predict.  There are so many variables that impact on our catch.  Some of the factors are the availability of the species, when the fish are available, weather, the economy, and many others.  I would have predicted many more large fish for this year’s fluke tournament.  I would also have predicted a larger overall catch.  But the weather and the water temperature played a major role this spring and my predictions did not hold true.  We did have the largest fluke ever but the number of big fluke was down in comparison to last year.  The final decision on the payback amendment has not been made and we will be watching to see what happens. 

            In striped bass the confusion over the producing areas was not resolved.  New Jersey’s three commissioners have been in discussion with the commissioners from Delaware and Pennsylvania.  We will make a presentation at the next striped bass board meeting.  The changes in the final version of Amendment 6 do not reflect the original draft that was available for public hearings.  This is a major change on how we manage striped bass.  When the Atlantic States Marine Fisheries Commission held public hearings on Amendment 6, there was no discussion or option listed that would eliminate producing area status and the implications of that type of change.  It is inappropriate for a change of this magnitude to take place without public hearings.  Some commissioners are still unsure how this change was included in the final draft.  The record is shoddy and at best unclear.  We need to make every effort to revisit this issue and insure that the process is followed equally and fairly for all states involved.  The perception will be that ASMFC is treating some of its members differently than others.  The lack of a forthright explanation may lead some to believe that the process was deliberately manipulated.  This is not how a compact of all the Atlantic states can exist.  We must come to the table believing we will all be treated equally. 

            I have testified before the ocean commissions and members of Congress that the Atlantic States Marine Fisheries Commission is doing the best job of managing our fisheries at this time.  I would hate to see the striped bass issue give the commission a black eye. 

            I want to thank members of the United Boatmen for their attendance at the summer flounder and striped bass meetings.  I know Washington, DC is a long trip and it means losing a day of work.  Tony and Ray Bogan did an excellent job discussing the implications of the proposed summer flounder payback.  I would also like to thank Kathy & Don Zoch for also participating in the discussion.  She and her husband traveled to Washington, DC even though they make no money in this industry and are strictly recreational anglers using the party and charter boats.  It is helpful having that type of support in the audience when you are trying to make a point.  It is a shame that meetings are held in places that are so inaccessible or cost prohibitive to the public.  Tony Bogan returned on Thursday to attend the Policy Committee meeting and share his concerns about striped bass producing area status.  They are the same concerns that I expressed earlier. After Tony made his comments some state commissioners expressed their own concerns and asked also that the record on what took place be produced for the next Striped Bass Board Meeting.  We will be waiting to see what is produced.

The complete press release of June 8-11 ASMFC meeting is at their web page. If you want the meeting summary contact me at <tfote@jcaa.org> and I will send it to you. Here are some of the summaries that I thought would interest you.

WINTER FLOUNDER MANAGEMENT BOARD (June 9, 2003)

 

Meeting Summary

The Winter Flounder Management Board met to discuss the draft Public Information Document (PID) for Amendment 1 to the Fishery Management Plan for Inshore Stocks of Winter Flounder.  The Board reviewed the issues addressed in the document and offered feedback on and additions to the document for public hearings.  The Board outlined a schedule for approval of the document and noted that public hearings on the PID will likely take place in late July and/or early August.  The Board also reviewed and approved new nominations to the Plan Review Team, Plan Development Team, and Advisory Panel. For more information, please contact Lydia Munger, Fisheries Management Plan Coordinator, at  (202) 289-6400, or lmunger@asmfc.org.

Motions

Move to approve PID without objection

Motion made by Mr. Borden on behalf of the Board. Motion carries.

Move to approve Bill Hubbard, Ken Ketchum, Art DeFrancisco, and George Allen to the Winter Flounder Advisory Panel.

Motion made by Mr. Borden on behalf of the Board. Motion carries.

SUMMER FLOUNDER, SCUP AND BLACK SEA BASS MANAGEMENT BOARD (June 9, 2003)

Press Release

Board Postpones Action on Summer Flounder Addendum VIII

Technical Committee Charged to Conduct Further Analyses

Arlington, VA – The Commission’s Summer Flounder, Scup and Black Sea Bass Management Board delayed approving Addendum VIII to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan (FMP), and charged its Technical Committee with evaluating alternative measures to constrain the recreational fishery to its annual quota.  This action was taken following a review of extensive public comment provided at today’s meeting and gathered through state public hearings and written correspondence over the last couple of months.  Once completed, the Board intends to review the supplemental analysis and take final action on the Addendum later this year.

“The Board’s decision to postpone action of Addendum VIII reflects its desire to adopt a management program that is acceptable to recreational anglers and commercial fishermen alike,” stated Board Chair Bruce Freeman of New Jersey. “The Board is committed to developing a management program that continues the rebuilding of the summer flounder resource and ensures that all sectors have the opportunity to land their annual allocation, while not exceeding it.”

Addendum VIII was developed to address the issue of summer flounder recreational fishery overages, which, with the exception of 2002, have been a persistent and significant problem since 1996. The Draft Addendum was available for public comment throughout April and May.  It provided a suite of management options for the recreational summer flounder fishery, including repayment of harvest overages in the subsequent year(s), carry-over of unused recreational harvest from one year to the next, and allocation of commercial quota based on a total allowable landings (TAL) limits calculated without recreational overages.  It also included the option to maintain the existing management system.

The Board also approved 2003 scup recreational management measures for the States of Rhode Island, Connecticut and New York, concluding they were consistent with the requirements of Addendum VII to the FMP. For more information, please contact Robert Beal, Director, Interstate Fisheries Management Program, at (202) 289-6400 or <rbeal@asmfc.org>.

Motions

Move that the Board adopt Addendum VIII with issue 1, option 1, status quo.

Motion made by Mr. Colvin; second by Dr. Pierce. Motion passes (8 in favor; 3 opposed; 1 abstention).

Move to table further action on Addendum VIII until the next meeting or until such time that the Technical Committee analysis is prepared. 

Motion made by Mr. Borden; second by Mr. Travelstead.  Motion carries.

Move to accept the proposals as presented for RI, CT, and NY.

Motion made by Mr. Augustine; seconded by Mr. Pope.  Motion carries.

Move that the Board accept the MA proposal to extend the season from October 6 to October 14. 

Motion by made Dr. Pierce; second by Mr. Pope.  Motion fails. 

Move to approve the AP nominations of Doug MacPherson (RI) to the Summer Flounder AP as well as Doug MacPherson (RI) and Christopher Brown (RI) to the Scup AP. 

Motion made by Mr. Augustine; second by Mr. Fote.  Motion carries.

ATLANTIC STRIPED BASS MANAGEMENT BOARD (June 9, 2003)

Meeting Summary

The Atlantic Striped Bass Management Board met to review the state implementation proposals for Amendment 6 to the Interstate Fishery Management for Striped Bass.  All of the state implementation proposals were approved, except for the Commonwealth of Pennsylvania’s proposal to maintain the current regulations.  Upon recommendation of the Technical Committee, the Board will send a letter to Bill Hogarth, Assistant Administrator for NOAA Fisheries, requesting that the Marine Recreational Fisheries Statistical Survey (MRFSS) be modified to gather information on the percentage of striped bass released where circle hooks are used.  The Board identified two issues for discussion when funding is available for the next addendum or amendment; producer area status and a single coastwide biologically based standard size reference point.  For more information, please contact Megan Gamble, Fisheries Management Plan Coordinator, at  (202)289-6400, or mgamble@asmfc.org.

Motions

Move to approve option 1 and the bonus fishery from New Jersey’s proposal.

Motion made by Mr. Ritchie; second by Mr. Calomo. Motion carries with 4 abstentions.

Move to approve Pennsylvania’s proposal to remain at status quo for the 2004 fishing season and to allow staff to see what New Jersey and Delaware choose to implement and Pennsylvania will adjust to be consistent in 2005.

Motion made by Mr. Snyder; second by Mr. Fote. Motions fails for lack of majority (7 in favor, 7 opposed and 2 abstentions).

Move to approve options 1 and 4 of Delaware’s recreational fishery. 

Motion made by Mr. Diodati; second by Mr. Ritchie. Motion carries.

Move that Delaware’s proposal for a 20-inch minimum size in ocean shad gillnet bycatch fishery through 2004 be approved and in 2005 Delaware will go back to 28 inches in the ocean fishery.

Motion made by Mr. Miller; second by Mr. Palmer. Motion fails.

Move to approve Maryland’s proposal.

Motion made by Mr. Jensen; second by Mr. Carpenter. Motion amended.

Move to amend to include a Chesapeake Bay-wide cap for the spring trophy fishery at 30,000 fish. Motion made by Mr. Colvin; second by Mr. Nelson. Motion carries.

Move to approve Maryland’s proposal with the requirement that it include a Chesapeake Bay-wide cap at 30,000 fish for the spring trophy fishery.

Motion made by Colvin; second by Mr. Nelson. Motion carries.

Board moves the approval of the implementation proposals for Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Potomac River Fisheries Commission, Washington, D.C., Virginia, and North Carolina.

Motion made by Mr. Flagg on behalf of the Board. Motion carries with no objections.

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