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Fisheries Management & Legislative Reportby Tom Fote (from Jersey Coast Anglers Association February 2005 Newsletter) Striped Bass Lynda and I enjoyed a much needed vacation over the holidays and I hope you had as good a time during the holidays as we did. I was happy that DEP Commissioner Bradley Campbell recently secured a $100,000 appropriation for the Artificial Reef Program through the Joint Budget Oversight Committee. The reallocated DEP capital funds will be used to acquire and deploy three ships on New Jersey reefs this year. The first ship, a decommissioned 170-foot navy tanker built in 1943, is slated for deployment in January or February on the state’s Garden State North artificial reef site. The other two ships will be deployed on separate reefs later in the year. This is a good start by the Commissioner in reestablishing New Jersey’s national leadership role in artificial reef management. My hope is that Commissioner Bradley Campbell will continue to work to secure and appropriate more funds for the marine resources of New Jersey. We are dramatically under funded and we need to secure more funding for all programs from the Governor and the Legislature. I was disappointed that I missed the Winter Flounder Meetings. I made many calls to the NJ Division of Fish and Wildlife and other individuals about this subject while I was away to discuss what was going on. I especially kept in touch with Tony Bogan and Al Ristori because one of them was going to be my proxy at the Board meeting. Tony could not make it so Al went as my proxy. We were lucky in NJ to at least get our hearings after the holidays. In most states the hearings were just before the holidays. Bruce Freeman requested that ASMFC schedule the Winter Flounder Board meeting in the New York metropolitan area, making it more accessible to the anglers most impacted by any decision made. Clearly, New Jersey and New York are paying the biggest price for the current decisions. Bruce was told the public was not needed at the board meeting since interested parties could attend the hearings. When the meetings impact on commercial fishermen, it seems ASMFC and its commissioners are willing to accommodate the commercial fishermen by scheduling meetings conveniently. This has happened with lobster, sea herring, and other species. But our meeting was held in Providence, Rhode Island. I hate to say this but ASMFC did what I expected. Although they are required to consider the that social and economic impact, there is little evidence they weighed these factors appropriately. This is another example of ASMFC trying to manage a species that is not specific to one area and which may have different stock components by treating the entire stock the same. This results in management efforts that are inappropriate and have no long-term positive consequences. New Jersey and New York will suffer greatly under these proposed rules and there will be very little if any positive impact on what is happening in the Gulf of Maine and other New England fisheries. What will surely happen is a tremendous negative impact socially and economically in New Jersey and New York. Hopefully, the policy board will revisit the actions taken by the management board and I will be at the February ASMFC policy board meeting. The full agenda for the ASMFC meeting is included below. There are many articles below that provide you with additional information about the winter flounder hearings and meetings. I would like to thank Al Ristori, Ed Cherry and Tom Siciliano for all the hard work they did on this issue. Striped BassAs of the writing of this newspaper we are still waiting for the results of the RFA survey on Striped Bass. As soon as this information is available, JCAA will meet with RFA and hopefully we can work together on new regulations for 2005.
ASMFC Winter 2005 MeetingFebruary 7 - 10, 2005 Monday, February 7 Noon - 2:00 PM Atlantic Herring Section 2:15 PM – 5:15 PM Summer Flounder, Scup and Black Sea Bass Management Board Tuesday, February 8 8:00 AM – 5:00 PM Atlantic Menhaden Technical Committee 8:00 AM – 10:00 AM Atlantic Striped Bass Management Board 10:15 AM – 12:15 PM South Atlantic State-Federal Fisheries Management Board 1:30 PM – 3:30 PM American Eel Management Board 3:45 PM – 5:45 PM American Lobster Management Board Wednesday, February 9, 2005 8:30 AM – 11:30 AM Atlantic Menhaden Management Board & Technical Committee 1:00 PM – 4:00 PM Weakfish Management Board 4:15 AM – 5:15 PM Shad & River Herring Management Board Thursday, February 10 8:00 AM – 9:30 AM Horseshoe Crab Management Board 9:45 AM – 10:45 AM Atlantic Sturgeon Management Board 11:00 AM – 2:00 PM ISFMP Policy Board Noon Buffet Lunch 2:15 PM - 2:45 PM Business Session January 6, 2005 JCAA Position Paper on Amendment 1 of the ASMFC Winter Flounder Plan
The Jersey Coast Anglers Association is an organization of 75 fishing clubs representing anglers who fish the waters of New Jersey. Our club representatives have reviewed Amendment 1 of the ASMFC Winter Flounder Plan and we have discussed the options presented and voted unanimously on the JCAA position. The only option that is totally acceptable is Option 6 - status quo. All the other options that are presented are unacceptable. It is time to say “NO” to unfair proposals that are presented. The other options are arbitrary and capricious and will create an economic hardship for every bait store, tackle store, party and charter boat, livery boat operator and even local municipalities that depend upon on the winter flounder fishery for a significant portion of their income especially during the spring season. This attempt at regulating winter flounder fails to meet the mandate of the Magnuson-Stevens Act, 1996, SEC. 2. FINDINGS, PURPOSES, AND POLICY 16 U.S.C. 1801, (a) FINDINGS to be fair and equitable between commercial and recreational sectors. I read the 107 pages of the Plan and was unable to determine what the target percent reduction is being asked for. I read a lot of rhetoric but no plan. The options presented don’t specify the expected reduction. All that is said about the various options is that they will give large, medium, and very small reductions. That is not quantitative and it must be. I found 23 pages that talked about whales, dolphin, turtles and other species but was unable to find any social or economic impact study. There was only one short paragraph but no facts. I did find in reading the document that the recreational sector is quickly becoming a de minimis portion of the winter flounder catch. The recreational sector, which at one point was as high as 60% of the overall catch is now estimated to be as low as 5% in 2001. The stated goal in Section 2.2 is to promote stock rebuilding and management of the winter flounder fishery in a manner that is biologically, economically, socially and ecologically feasible. Is taking 20% of someone’s paycheck really economically feasible? This plan is an economic disaster for the party and charter boat industry and the bait and tackle stores. I’ll do a quick economic impact study for you. Let’s leave north Jersey and head for the shore for a day of flounder fishing. Say the trip is 100 miles, I average 20 mpg so $8 for gas, tolls $2.10, bait – dozen worms is $10, party boat fare is about $30 - $40 depending on ˝ day or full day, tip for the mate $5 – 10. I brought my own rod so I don’t have a rod rental fee. While I was at the tackle store I picked up a few rigs and sinkers, $8. I stopped at the deli and bought a sandwich, some chips and soda $15. What does that come to $93.10 for the chance to catch 2 flounder? I don’t think so! What is the economics on the commercial side? I read an article in the November, 2004 edition of Working Waterfront, a Maine monthly paper and I quote: “Before the limitations on Days at Sea (DAS), few fishermen paid attention to market timing. They could afford some poor trips, looking to make up their losses on other trips. Now, with severely limited DAS, fishermen are recognizing that market timing is critical. The limited number of allowable days means that every trip must be a successful one.” It continues later in the article: “For one species, the yellowtail flounder, these days turned instead into a derby fishery. The result was a huge glut of yellowtail in June, July and August. To make matters worse, the fish were spawning and in poor condition when they were brought to market. Prices fetched were as low a 15 cents a pound.” JCAA fully agrees with the concept that the Winter Flounder stock is in need of some regulation. The only place where a somewhat healthy coastal and inshore stock of winter flounder appears to exist is the New York Bight. New Jersey did not cause or contribute to the very low New England winter flounder stocks, and it is highly unlikely that our localized stock is capable of any regeneration of the New England stock to healthy levels. There is some tagging study evidence to suggest the New Jersey stock may be a somewhat localized stock, the greatest percentage of which stays in the New Jersey-New York bight area year round, with only minor northern migrations. Within the proposed plan the following statement says it all. “The Technical Committee noted that the recreational sector of the winter flounder fishery accounts for a small percentage of winter flounder landings (~20% of the landings from the SNE/MA stock in recent years) and that reductions in fishing mortality achieved in the recreational sector may have a negligible effect on the recovery rate of the SNE/MA stock. The Technical Committee also noted that NEFMC Amendment 13 focuses on the commercial fishery in the EEZ and did not implement any regulation on the recreational fishery. The Recommendations for Commercial Fisheries Management Measures states: “The expected reductions for SNE/MA winter flounder in Amendment 13 is between 37 and 49%. “Amendment 13 regulates winter flounder fisheries through Days-At-Sea (DAS) allowances, mesh requirements, rolling season closures, and a closed habitat are.” There is no mention of a mandated reduction in quota. If we do the math using the information provided in this document the commercial sector accounts for 80% of the total catch then a 10% reduction in the commercial quota has the same impact on the resource as a 50% reduction in the recreational sector. Looking a little deeper it seems that the 80% is a long term average and overstates the actual situation. Page 23 states that recreational landings have dropped from a 40% average from 1979-1990 but since 1991 have comprised only 5 –13% of the total landings. In short a 50% reduction in the recreational catch could give as little as a 2.5% reduction in the commercial catch. Amendment 1 to the ASMFC plan is the only available mechanism for regulating the recreational fishery.” Presently, New Jersey has 11-inch minimum size, no bag limit, and open fishery from March through May and September 15 through December 31. At a recent Management Board meeting, it was determined that a final public hearing will be held to solicit comments and a decision made by the Board at its February meeting. The only items that may be commented on are the recreational and commercial winter flounder options! There are two preferred options being considered by the management board. They are as follows: 1. 12 inch minimum size, a 6 fish bag limit, and a closure of March and April. 2. 12 inch minimum size, a 2 fish bag limit with the existing closed season of January and February and from June 1 through September 14. March and April are open to fishing! It has been determined that if Option 1 is to be implemented in New Jersey it will result in a 45% reduction in the fishery. Option 2 if implemented would result more than a 60% reduction in the recreational catch. An increase of only the size limit from 11" to 12" will result in about a 17% reduction in the catch by it self. There is a target for a 48 % reduction on a coast wide basis mentioned as guiding the recreational options. Also, if the severe recreational restrictions are implemented (basically shutting a viable recreational fishery down), then equally severe restrictions (48%) should be placed on the commercial sector (which catches ~80% of all winter flounder caught) on a coast wide basis, other wise it appears to be a very discriminatory and arbitrary restriction. The change in gear size and reduction in days fishing placed on the commercial fleet does not in itself create or guarantee any target of a percentage of reduction. Again, any target finite percentage reduction placed on the recreational fishery should be placed as a finite target reduction on the commercial fisheries More troubling is that ASMFC appears to have absolutely no concern as to the real economic impact the proposed regulation will have on local tackle stores, bait stores, charter and party boats, boat liveries and local municipalities that depend upon the spring season. For most of these it simply is “the only game in town” during the first 3 ˝ months of the year. The fall season allows for multiple fisheries to be active and viable other than winter flounder. A closure of the fall season would have a far less impact on the above economies. The NJ recreational fishery mainly takes place in back bays and rivers. Recreational boat fishermen are also regulated by weather to a very high degree during the two most important waves. We simply can’t go out every day during a season; there are too many weather variables in play at all times. JCAA feels that because of the relatively healthy local stock, that if any severe regulation is indicated, it be phased in over a three year time period to ease the economic impact on New Jersey. It appears that 27% of the total coastal recreational catch occurs during (Wave 2) the Spring Season. Within the same (Table 3, these are 5 year totals rather than individual yearly totals) chart, the fall season (Wave 6) results in a 25+ % of the total coastal recreational catch. It would appear since it is MRFFS data that is used; the percentages would appear to be statistically the same. Table 4 (these are 5 year totals rather than individual yearly totals) indicates the number of fish caught in New Jersey during wave 2 and wave 6 to be nearly identical (1.6 million vs. 1.5 million fish). It is also interesting to note that in Table 2. New Jersey is reported to have caught 3,376 fish recreationally during the months of July and August when the season is closed. A provision for conservation equivalency must be written into the plan by ASMFC and it must be clear. There does not appear to be a provision for one currently in the 6 recreational options presented. New Jersey should then have the right to examine the % reduction sought, and through conservation equivalency adjust size, season and creel limits to comply with the goals of the plan. The entire inshore winter flounder fishery is mainly of a recreational nature in New Jersey and regulated by seasons and weather conditions. States should have the rights to govern their own inshore waters. The NJ commercial winter flounder fishery should not be regulated in general terms as if it were a cod or haddock fishery. The issue of fyke net and pound fisheries (the main NJ inshore commercial fisheries) that are in operation in the same areas where the recreational sectors are being closed and/or severely impacted, has not been adequately addressed. It is the New England commercial fishery that has driven the overall stock towards collapse, and it and it alone must be held responsible. JCAA is sure that if it were economically feasible for the NE commercial fishery to fish the NY-NJ Bight, they would have fished it to extinction as well. In short Amendment 1 is a broken document. It’s only purpose of the Plan seems to put the party and charter boats and tackle shops out of business. This amendment needs a lot of work. Scrap it and start over.
Winter Flounder Management Board MotionsJanuary 11, 2005Warwick, Rhode Island
Move that in the SNE/MA stock area the common minimum length limit will be 12 inches. Motion by Mr. Smith, second by Mr. Culhane; motion carries 7 in favor, 1 opposed.
Move to adopt a combination measure of a 10-fish creel limit and a 60-day recreational open season for the SNE/MA stock, and 20 days of Wave 2 must be closed. The 60-day open season can be in no more than 2 blocks. Motion by Mr. Smith, second by Mr. Nelson; motion carries 7 in favor, 1 opposed.
Move to approve Option 2 in Section 4.1 for the Gulf of Maine stock area. Motion by Mr. Lapointe, second by Mr. Nelson; motion carries unanimously.
Move to approve Option 1 for Section 4.2 for the Gulf of Maine Stock Area. Motion by Mr. Nelson, second by Mr. Lapointe; motion carries.
Move to adopt Option 1, mesh option C for Section 4.2 for the SNE/MA stock area. Motion by Mr. Smith, second by Mr. McKiernan; motion carries.
Move approval of the implementation schedule as presented in the document. Motion by Mr. Lapointe, second by Mr. Colvin, motion carries.
Move that the compliance schedule be put forward with Option 2 as presented in the document. Motion by Mr. Lapointe, second by Mr. Nelson, motion carries without objection.
Move to recommend approval of Amendment 1 to the full commission at the ASMFC February meeting week. Motion by Mr. Lapointe, second by Mr. Nelson; motion carries without objection.
Substitute motion to approve a 12” size limit, up to a 10 fish bag limit, and a season that creates a 45% reduction in catch measured against the 1999-2003 figures and each state must have the season vetted by the Technical Committee. Motion by Mr. R. White, second by Mr. Lapointe; motion fails. 3 in favor, 4 opposed, 1 abstention.
Move to amend by adding after 10-fish creel limit, “the states that currently have a creel limit lower than 10 fish are required to maintain their existing creel limit. The creel limit issue be reconsidered by the Board in late 2006 for implementation in 2007.” Motion by Mr. Smith, second by Mr. Freeman; motion fails.
Move to amend to make the 90-day open season into a 60-day open season, and 20 days of Wave 2 must be closed. The 60-day open season can be in no more than 2 blocks. Motion by Mr. Smith, second by Mr. Nelson; motion carries 7 in favor 1 opposed.
Hello Board and TC members, Attached are the motions from Tuesday's Board meeting.
PLEASE KEEP IN MIND that the Amendment is not fully approved until the full Commission reviews the draft and votes in February at the ASMFC meeting week.
If you have questions about the measures that were approved, or other questions or comments, please contact me.
Thank you, Lydia C. Munger Fishery Management Plan Coordinator Atlantic States Marine Fisheries Commission
WINTER FLOUNDER SPRING SEASON SAVEDBy Al Ristori
It was a close call, but anglers fishing from western Long Island through New Jersey dodged the bullet at last Tuesdays Atlantic States Marine Fisheries Commission (ASMFC) Winter Flounder Management Board meeting in Providence by retaining the right to fish for winter flounder next year at the prime time while giving up the rest of the year in Southern New England and the Mid-Atlantic. The preferred options from the Technical Committee in Amendment 1 were a March-April closure with a 6-fish limit the rest of the year, or a 2-fish limit throughout. Lydia Munger of ASMFC outlined the amendment and provided a summary of opinions expressed at the public meetings plus a 254-page packet of written and e-mailed comments at both the morning Advisory Committee meeting and that of the Board after lunch. Only four advisors showed up, and Capt. Mike Cannon from Howard Beach, New York emphasized that the March-April period is really when virtually all of the catch is made. He provided a minority opinion as the other advisor from New York, Charles Witek, joined with those from Rhode Island and Maine in voting for the March-April closure. As the proxy for New Jersey governors appointee commissioner Tom Fote, I pointed out to the Management Board that either option would be the same as shutting down the fishery altogether. Many party boats would have to stay tied to the dock for two normally productive months, and no one would go flounder fishing with a two-fish limit. Furthermore, while the plan has 23 pages detailing possible interactions with marine mammals there was not a single page covering the socio-economic impacts on human beings! After 5 ˝ hours of debate, the motion by Commissioner Eric Smith of Connecticut was passed by a 7-1 margin. That provides a 60-day open season which can be taken in no more than two blocks, but also requires that at least 20 days of Wave 2 (March-April) must be closed. A 10-fish creel limit, that originally had been proposed by Commissioner Gordon Colvin of New York along with a 90-day season, was included. Smith earlier moved to establish a 12-inch minimum which was also approved 7-1 with only New Jersey opposing that change which increases both New York and New Jersey’s minimum by an inch while Delaware (which wasn’t represented at the meeting) will have to move up two inches. Winter flounder are hard to come by in the southern end of the range, and the 12-inch limit will probably pretty much eliminate what little fishery there is in the First State. These regulations will probably be approved at next month’s ASMFC meeting, but won’t go into effect until at least July. The important spring flounder season will go forward in each state under their current regulations. The bottom line is that fishermen will still be able to fish in 2006 when flounder are most readily available to them, though the combination of the size and bag limits will surely reduce the catch of a species which has already declined greatly everywhere except in the Raritan Bay-Sandy Hook area. Just how poor that fishery is to the east was reflected in the turnouts for public meetings, which ranged from one in Maine up to five in Connecticut. Contrast that with 60 who signed in at the New York meeting (Capt. Bob Weigand of the Flamingo III said there were actually 80 to 90 there) and over 300 who jammed a room in Belmar, New Jersey during a stormy night. Raritan Bay/Sandy Hook actually had the best spring flounder run in about a decade last year, and no one seems to understand why that’s the only healthy inshore fishery remaining. Since it occurs primarily in March and April when there are few alternatives for party and charter boats plus the public, the economic and social impact would be severe -- especially for party boats and bait and tackle shops. That’s why there was by far the biggest turnout for a fisheries meeting in New Jersey since the threat of opening federal waters to commercial striper fishing during the recovery period a decade ago. Anglers came through snow in Sussex County (northwest New Jersey) and skippers from many ports testified as to their potential losses. Nick Cicero, sales manager for Folsom Co. said their flounder-related wholesale tackle business was down about 40 % because of the threat to shut down March and April. Unfortunately, the commissioners didn’t receive that 254-page packet of written comments, which were almost entirely from New Jersey or New York and nearly all for status quo, until the beginning of the meeting when there was no time to read them. Though there was lots of talk about conservation, anything we did at that meeting was going to have little effect on winter flounder stocks since over 90% of yearly landings have been netted. In 2003, the latest year when statistics were available, the recreational percentage of the catch was a mere 5.62473%. The commercial catch comes primarily from federal waters controlled by the New England Fishery Management Council whose Amendment 13 to the Groundfish Plan is designed to cut down catches of many species by restricting days at sea. Though the commissioners seemed convinced this will reduce the winter flounder catch by about 50 percent, there’s no quota at all and it’s entirely dependent on commercial fishermen making choices with no assurance that the flounder catch won’t go up if they decide to fish locally and maximize their time. Furthermore, tagging studies have shown flounder rarely move very far from their home waters. New Jersey Commissioner Bruce Freeman pointed out that practically every return from his state’s study indicates flounder normally go through their life cycle within a range of 20 miles from bays and rivers in the winter and early spring to the nearby continental shelf after spawning. Thus, whatever flounder are saved by conservation in Raritan Bay will do absolutely nothing to improve depleted stocks to the east. Though the plan states, “The overall winter flounder stock is composed of smaller, localized spawning populations that return to inshore waters each year, and “It is important to note that winter flounder habitat requirements can vary regionally and therefore it is necessary to look at winter flounder populations on a localized level” the Board at their previous meeting ignored the scientific reality that these fish are discrete stocks and insisted on treating them as coastal migrants. Nothing Freeman or I said could budge most of the commissioners from sticking with that fiction and trying to make one size fit all. The bottom line is that recreational fishermen were lucky to get by with saving the best 60 days out of a year in order to avoid getting completely shut out of a traditional fishery which could simply be brought back by banning all landings of winter flounder for sale if the managers had the backbone to take that step. I would even be willing to back a complete closure if that was necessary, but can not accept picking on the public and those dependent on them for a livelihood when they are taking less than 6% of the stock to make it appear as if management is doing something while the root cause of the problem may hardly be affected. Anglers voice their frustration during winter flounder hearingJohn Geiser Published in the Asbury Park Press 1/08/05
The second largest crowd of anglers in the history of public fisheries hearings in New Jersey came from as far away as 90 miles on a cold, rainy night to express their dissatisfaction with the Atlantic States Marine Fisheries Commission and its management of the winter flounder fishery. The frustration and bitter feeling of nearly 400 persons toward the ASMFC at Wednesday's hearing filled the air of Taylor Pavilion in Belmar like electricity. New Jersey has more winter flounder anglers and catches more winter flounders than any other state in the Union, and they demonstrated their passion for the fishery. The message they sent back to the winter flounder board of the ASMFC was status quo -- leave the New Jersey recreational fishery alone, do not regulate us further, stay out of our lives, and address the real problem behind dwindling stocks. The wrath of the crowd toward the ASMFC's preferred proposals -- 12-inch minimum size, two-fish possession limit or closing the season in March and April -- was evident in several outbursts of feeling. Tom McCloy, administrator for the state's marine fisheries; Raymond D. Bogan, legal counsel for the United Boatmen; James A. Donofrio, executive director of the Recreational Fishing Alliance; and Tony Bogan, New Jersey's representative on the Mid-Atlantic Fishery Management Council, repeatedly urged the fishermen to refrain from angry comments to the state representatives. "The state is on our side," Donofrio said. "They're trying to help us. Don't beat up your own people." Tony Bogan explained that at earlier ASMFC meetings on winter flounders, the New Jersey representatives, including the state biologists, were leading the fight against more stringent regulations. "At the meeting last August, New Jersey was the only state opposed to these measures," he said. Bruce L. Freeman, research scientist with the state Division of Fish and Wildlife, acted as moderator of the hearing, and was burdened with the chief responsibility for trying to answer anglers' questions that ranged from why New York anglers were not stopped from fishing illegally for blackfish in New Jersey waters to how the ASMFC has such control over New Jersey fishermen's lives. Rep. Frank Pallone Jr., D-NJ, drove from Washington after a day of meetings and caucuses to attend the hearing and express his understanding of the plight of anglers. "Like many of you, I support the main goal of Amendment I, which is to 'promote stock rebuilding and management of the winter flounder fishery in a manner that is biologically, economically, socially and ecologically sound,' " he said. "However, I fail to see how the recreational fisheries management measures proposed in this draft are biologically, economically, socially or ecologically sound," he added. "Either of these options would end the winter flounder fishery in New Jersey, and cause irreparable harm to the businesses that depend on it," he pointed out. "Moreover, neither proposal offers a solution to the problem," he stressed. "In the end, these proposals will only hurt the people, not revitalize the fishery. "My constituents tell me that the main problem here is that the ASMFC does not have an idea of what the target is within the winter flounder fishery, and that the ASMFC does not even know if this reduction in catch will even work," he said. "Why should recreational anglers reduce their catch further?" he asked. "Recreational anglers have been reducing their catch over the last 10 years, and it isn't working to restore the fishery. "Furthermore, anglers are not getting any credit for their past reductions, this current system of punishing recreational anglers is not working, and we must find other options that actually work in order to make this fishery more productive," he said. Of the anglers who attended the hearing. 329 signed a list that included their preference in management options, and they were almost unanimous in choosing Option 6, which was status quo -- not to change the regulations. An estimated 70 persons who came to the hearing did not sign the attendance list that was circulated through the crowd, because they missed it, were unable to get into the pavilion or left early.
Ristori: Anglers United In Effort To Maintain Status QuoFriday, January 07, 2005 By Al Ristori Star-Ledger Staff
A crowd estimated at 300 jammed into Taylor Pavillion in Belmar during Wednesday night's stormy weather to demand status quo on recreational regulations at a public meeting on the Atlantic States Marine Fisheries Commission (ASMFC) Winter Flounder Management Plan. Just about everyone heavily involved in fisheries management was on hand, along with party and charter boat skippers and tackle shop owners who will be economically impacted by the proposed strict regulations. But most of the crowd consisted of private anglers from as far away as Sussex County who were simply trying to save their sport. Rep. Frank Pallone (D-NJ) usually sends an aide to fisheries hearings, but followed up his letter to the ASMFC with testimony at the hearing in favor of the sixth and last option provided -- status quo. Pallone, who remained at the meeting to hear other testimony and talk to anglers, noted that New Jersey would be disproportionately affected by the Technical Committee's preferred options of a March and April closure followed by a 6-flounder bag at a 12-inch minimum, or an open season with a 2-fish bag at 12 inches. In an unusual show of solidarity, the Recreational Fishing Alliance (RFA), Jersey Coast Anglers Association (JCAA) and United Boatmen met this week and agreed on a hard line for status quo. Jim Donofrio and Herb Moore were among those on hand from RFA, Ray Bogan testified for the United Boatmen, and Tom Siciliano presented the JCAA position which was seconded by many other members representing their clubs. Mid-Atlantic Council member Tony Bogan also testified, as did former ASMFC governor's appointee Capt. John Connell. Nick Cicero, sales manager for Folsom Corp., stated their wholesale sales of flounder-related tackle was down about 40 percent because of fear instilled by ASMFC proposing such draconian cuts. The socio-economic aspects of those proposals weren't considered by the Technical Committee, but will be brought before the Winter Flounder Management Board when they meet Tuesday in Providence. There had been an expectation that the ASMFC was trying to fast track this amendment in order to get it into effect this spring, but staff member Lydia Munger said implementation will not be before the summer. While the object of cutting the recreational catch by almost 50 percent may seem appropriate from a conservation viewpoint, it simply wouldn't have much effect on the stock since scarcity has driven the recreational share of landings down to a range of 5-to-13 percent over the past five years for which figures are available. As Capt. George Bachert of the Teal from Atlantic Highlands noted, the plan's statistics show the recreational portion of the catch was 44 percent as recently as 1988. With little of the commercial catch being made in state waters, the problem is in federal waters which are controlled by the New England Fishery Management Council. Amendment 13 to the Groundfish Plan imposes limitations on days at sea, but there's no assurance they will result in any reduction in flounder landings. Until that commercial catch at sea can be sharply reduced, there's no justification for driving the angling percentage of the catch even lower -- a statistic which will come back to burn the public if the fishery is ever restored. Anglers who didn't testify may send their comments to Munger by today's 5 p.m. deadline via fax (202) 289-6051 or e-mail at comments@asmfc.org. Those of us who will be in Providence seeking equity for Jersey anglers won't have the support of a large crowd, but an ASMFC file full of faxes and e-mails might help convince commissioners from other states that the preferred options are unreasonable.
Letter from Congressman Pallone toJohn O’Shea Executive Director Atlantic States Marine Fisheries Commission
Dear Mr. O'Shea,
I am writing to express my concern regarding the Atlantic States Marine Fisheries Commission's (ASMFC) proposals to reduce the winter flounder recreational harvest. As you know, the two proposals the Commission will choose from are: 1) a 12-inch minimum size, a 6-fish limit and a season closure of March and April and; 2) a 12-inch minimum size, a 2-fish bag limit, and season closure of January and February and from June 1st through September 14th. I believe that the ASFMFC's proposed cuts to the recreational catch of winter flounder are unjustified. If the first proposal were implemented, it would drastically reduce the recreational catch of winter flounder by 38 percent; the second proposal would reduce the catch by a shocking 68 percent. Since the recreational harvest of winter flounder is less than 10 percent of the entire annual harvest, I have severe reservations about the ASMFC's approach to managing this fishery. It is obvious that recreational anglers are being penalized through strict regulations for a problem they did not cause, and that the result of implementing such regulations will only encourage further distrust of fisheries management. Moreover, such regulations would devastate of our fishing-related businesses that depend heavily on this fishery for their livelihoods. As a Representative of a state that has 800,000 recreational anglers, I will make sure that the concerns of all New Jersey anglers are heard at the January 5th public meeting in Belmar, and I hope that your Commission will recognize that the suggested proposals are completely unfair. Sincerely, FRANK PALLONE, JR. Member of Congress
Letter from Congressman Saxton to John V. O’Shea Executive Director Atlantic States Marine Fisheries CommissionJanuary 7, 2005
Dear Mr. O’Shea: I am writing with great concern over the recreational fisheries management measures recommended in draft Amendment 1 to the Interstate Fishery Management Plan (FMP) for Winter Flounder. While the recreational winter flounder fishery in New Jersey today is a shadow of what it was twenty years ago as a result of decreased biomass and strict regulations, it remains very important for quality of life in my District and extremely important for dozens of small businesses that derive a substantial portion of their annual income from this fishery. Historically, winter flounder have been the first species available to recreational fishermen eager for some time on the water and some fresh caught seafood after a long winter. This participation and effort generates the sole source of revenue for a number of businesses in New Jersey at certain times of the year including party and charter boat businesses, bait and tackle retailers, marinas, bait wholesalers, and boat rental operations. Each of the preferred options outlined in Amendment 1 are completely unviable for my constituents. Option 1 offers a 12 inch minimum size limit, a 6 fish bag limit and a closed season in March and April. Option 2 offers a 12 inch minimum size limit, a 2 fish bag limit, and a status quo season. I can assure you, either of these options would end the winter flounder fishery in New Jersey and cause irreparable harm to the businesses that depend on it. First, New Jersey currently has an 11-inch minimum size limit for winter flounder. A 12-inch winter flounder was a large fish in New Jersey twenty years ago and it is a large fish today. 12-inch winter flounder are not particularly common in New Jersey waters. Second, New Jersey currently has no bag limit for winter flounder. Going from no limit to either a 6 fish bag limit or a 2 fish bag limit would end effort and participation in this fishery regardless of season. Finally, current regulations allow New Jersey anglers to enjoy winter flounder fishing from March 1 through May 31 and September 15 through December 31. A closed season in March and April would mean closing the two most popular months for winter flounder fishing in New Jersey and it would result in a number of businesses generating no income during those months. There are party and charter boat businesses, bait and tackle retailers, marinas, bait wholesalers, and boat rental operations in my District that derive their sole income from the winter flounder fishery in March and April. Furthermore, they rely on this fishery to jumpstart their business until the weather improves and more species become available. Without question, either of these options would lead to irreparable harm. I fully support the Goals of Amendment 1 “to promote stock rebuilding and management of the winter flounder fishery in a manner that is biologically, economically, socially, and ecologically sound.” However, I fail to see how the recreational fisheries management measures proposed in this draft are biologically, economically, socially, or ecologically sound. Considering how the preferred options would end the recreational winter flounder fishery in New Jersey and draft Amendment 1’s complete lack of social or economic impact analysis, I have no question that the proposed recreational management measures are not economically or socially sound. Considering how over the last five years for which data is available, the recreational sector has accounted for merely 5 – 13% of the total winter flounder catch after accounting for approximately 22- 35% of the catch from 1981-1989. And, with the Technical Committee noting on page 53 of the draft that further “reductions in fishing mortality achieved in the recreational sector may have a negligible effect on the recovery rate of the SNE/MA stock,” I fail to see how the proposed recreational measures are biologically or ecologically sound management either. Moreover, the proposed measures would result in extremely disproportionate impact among the states involved in the fishery. Considering all the above, the only choice I am left with at this time is to support Option 6 status quo for the recreational sector. Thank you for your attention to this important issue. I look forward to working with you to come to a solution that is agreeable to all involved parties. Sincerely, Jim Saxton Member of Congress
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