(from Jersey Coast Anglers Association
December 2006 Newsletter)
Contents
ASMFC SUMMER
FLOUNDER BOARD
MEETING AND PROPOSED SUMMER FLOUNDER RULE
It was an interesting
summer flounder board meeting. I was disappointed that New Jersey did not have
our legislative appointee or a proxy in attendance for this important board
meeting. Sitting in the audience I don’t have the same opportunity to ask
questions and I was hoping New Jersey’s delegation would take a leadership
role. That leadership role was left to Everett Petronio, Governor’s Appointee
from Rhode Island and Bill Adler, Governor’s Appointee from Massachusetts, and
Vito Colomo, the Legislative Proxy from Massachusetts. In the audience
representing the recreational community, I was joined by Phil Curcio
representing the New York Tackle and Trade Association, United Boatmen of New
York and New Jersey and RFA. The representative for CCA was in the audience but
did not contribute to the discussion. In fact, I was disappointed that CCA did
not support the largest summer flounder quota and tried to justify going to the
smaller quota. The Garden State Seafood Association and North Carolina
Fishermen’s Association were also in attendance.
Phil and I were the
only two in the audience speaking in favor of the higher quota. After almost 3
hours of discussion, the ASMFC voted for a quota of 19.9 million pounds and then
moved to deal with scup and seabass. The vote was close but I thought we had a
victory. I thought ASMFC was finally standing up to the foolish quota proposed
by NMFS. The commercial representatives did not originally support 19.9 because
the advantage to them was not clear. They were concerned that the recreational
community would be allowed to fish at 19.9 and they might get stuck with 12.98
in the EEZ. They didn’t want to support any action that might change the
existing 60/40 split. Their lack of support was disappointing since I felt they
had agreed to work together on this issue. One of the commercial lobbyists
accused me of missing the big picture. In response, I told him I was a 25 year
veteran at this process and that he was the one missing the big picture.
Clearly, the problem is the quota and getting ASMFC to stand up to NMFS. But I
was pleased when 19.9 passed.
However, our
victory was short lived. Pat Kurkul, Northeast Regional Director, was engaged
in off the record conversations with the commercial representatives. As I was
calling interested parties to let them know 19.9 passed, I was put on notice
that after the scup discussion was completed the 19.9 vote would be revisited.
It appears Pat Kurkul had convinced the commercial representatives that it was
possible that the 7 million pound difference between the proposed 12.98 million
pounds proposed by NMFS and the 19.9 million pounds approved by ASMFC would come
from the quota in the EEZ. Somehow the message was the actual quota could be
5.98 million pounds. The commercial interests bought her bluff on a quota they
never supported anyway and caved in to NMFS. The commercial interests then
convinced some state directors to revisit the 19.9 vote. Since North Carolina
and Virginia did not vote in favor of the 19.9 million pounds they needed a
state that had supported the original motion to reopen the discussion. New York
has experienced the most severe impact on their recreational fishery in the past
two years. I have no idea what possessed them to support reopening the
discussion. The expression “shooting yourselves in the foot” appears apt for
both the commercial lobbyists and some state directors. North Carolina,
Virginia, Delaware and Potomac River joined the Fish and Wildlife Service to
vote to revisit the original vote. You can read all the motions included in the
summary below. There are a couple of articles below on this meeting and the
letters already sent by NJ legislators on proposed NMFS rule on Summer Flounder.
As of today, ASMFC
has set no quota. Instead of standing up to NMFS, they fumbled, repeatedly -
and left all of us in limbo. Instead of sending a clear message to Congress,
they sent no message at all. Remember, the NMFS and the National Fish and
Wildlife Service have a vote each on the board and they cast the deciding vote
every time.
JCAA response to
the NMFS proposed rule of a quota of 12.98 million pounds is contained below
ASMFC will be
revisiting this issue on December 11th in New York City at the
Skyline Hotel, 725 10th Ave. JCAA has authorized funds for 3 buses
to the meeting. If more members of JCAA’s member clubs express an interest in
attending, we will find more buses. We are hoping other states wake up and
force the commissioners from North Carolina, Virginia, Connecticut and flip
flopping New York to vote for the 19.9 million pounds. We also hope clubs from
other states will get their members to the meeting and show support. We hope
CCA will wake up and start supporting the recreational fishing industry and the
recreational anglers they supposedly represent. Information about the buses is
included in the article written by John Toth. Time to step up!
DRAFT ADDENDUM TO THE
TAUTOG
MANAGEMENT PLAN
There are public
hearings and a comment period scheduled for the proposed addendum to the tautog
plan. Some of the proposals are interesting; especially the one states that any
reduction should impact only the recreational sector. This is especially
upsetting since many of us feel that one of the major causes of the failure of
the tautog fishery to rebound is the illegal live fish market. The price for
illegal caught live tautog is so high that the profits make the fines less than
a day's illegal catch. We need to outlaw this market since there is not enough
law enforcement to keep it in check. This has been a major concern of JCAA for
many years. In addition, no concern is included in the current models for
ecosystem management. Since tautog spawn in and inhabit the bays and estuaries,
they are impacted by the same ecological problems as summer flounder, weakfish
and other species. I will have a hard time supporting any management plan that
does not include consideration of ecosystem management in the modeling. JCAA
will develop a position at our next meeting.
WEAKFISH ASMFC BOARD FIASCO
The summer flounder
meeting lasted from 7:30 – 12:30 and nothing was accomplished. I delayed
returning home so I could attend the afternoon meeting on weakfish. Imagine my
surprise when, after 3 ½ hours, no decision was made on weakfish. Again the
discussion revolved around doing nothing on the commercial side and further
restricting the recreational catch. There was a good deal of posturing by North
Carolina and Virginia. They contend that nets are in the water anyway, why not
land the fish. It was interesting to hear North Carolina and Virginia state
that under the last addendum there was an increase for the recreational sector.
Their math amazes me. Delaware, New Jersey and Maryland actually had to put in
more restrictive measures recreationally going from 14 inches and 14 fish to 13
inches and 8 fish. That sounds like a decrease to me. Under the last addendum
there was actually a larger bycatch allowed for the commercial fishery. North
Carolina and Virginia generalized their own “sweetheart deal” that allowed an
increase for recreational and commercial anglers in their states alone. They
got 4 fish at 12 inches which was no reduction. They will continue to use the
bogus 2005 weakfish numbers from MRSS to try to justify their grab. The only
reason I believe nothing was actually done is because the weakfish board could
not come up with an acceptable story to justify Virginia and North Carolina what
they wanted. Again, the only people fighting for the recreational sector were
Phil and JCAA. As usual, CCA did not take part in the discussion at the board
meeting. The Weakfish Board will continue this discussion at the January
29-February 1 2007 meeting in Alexandria.
JERSEY COAST ANGLERS ASSOCIATION
Response to the Proposed quota of 12.98 million pounds
Dr. William T. Hogarth
National Marine Fisheries Service
National Oceanic and Atmospheric Administration
1315 East West Highway
Silver Spring, MD 20910
Dear Dr. Hogarth:
RE: Summer Flounder
The Jersey Coast
Anglers Association is very disappointed in the way that the NFMS has handled
the management of Summer Flounder. We are particularly concerned with the
“science” that is being used.
We request
that an outside, independent review of all the data used to calculate the
stock assessment be made in order to validate the science. This review should
include but not be limited to examination of alternative model structures, the
management implications of retrospective patterns, and how to address
ecosystem impacts that may be affecting summer flounder. Until such a peer
review is conducted we request that the quota for 2007 remain at 23.6 million
pounds.
One of the
concerns of recreational anglers is consistency. They are very willing to
abide by size and bag limits to conserve a species. They do question the
validity of the science when it does not seem logical to them. Many of these
anglers have been fishing for summer flounder for most of their lives. In
some cases this is 20, 30, 40 years or more and they have seen the population
vary from year to year and can appreciate that. These anglers fished before
the advent of regulations and were happy to take a few small fish home for
dinner. Of course the hope was always there that they would have a banner day
and catch many more fish than their immediate needs. These anglers will tell
you that those days were few and far between.
What has
changed over the years? It was recognized in the late 1980’s that the stock
of summer flounder had been depleted and something needed to be done. Even
though the recreational anglers were not responsible for the drastic decline
in stocks they were very willing to do what was necessary to rebuild the
stocks. Their hope was and still is that once the stocks have been rebuilt to
an acceptable level the restrictions they have tolerated would be lifted and
they could once again bring home those smaller fish. What they are now seeing
on the water is numerous fish smaller than the size limit. Many fishermen
report catching 20, 30, 40 or more smaller summer flounder for every legal
size fish they catch. In the past these fishermen would have considered a day
catching 40 fish ranging in size from 12 inches to 16 3/8 inches as a banner
day.
The
recreational angler has rarely seen the abundance of summer flounder that they
see today. They are finding it increasingly difficult to believe the NFMS
assertion that the stock is still in trouble. The science has lost its
credibility in the eyes of these anglers. Perception is reality and anglers
have reached the end of their patience.
We have
watched as the quotas ranged from a low of 17.91 million pounds – to a high of
26.68 million pounds from 1993 to 2001, with 1993 and 1994 the only years the
quota exceeded 20 million pounds. For five consecutive years the quota was
18.52 million pounds. In all the years since the rebuilding program started
the quota has never been below 17.91 million pounds and that was in 2001. The
average quota for the nine-year period from 1993 to 2001 was 19.7 million
pounds. When we include the years up to 2005 the average is 21.93 million
pounds. If we just use the 2002 to 2006 average it is 25.94 million pounds.
Recreational anglers are now catching less fish now then they were catching
when the stocks were collapsed. The fish are larger because of the size
regulations but we are still taking home a smaller number of fish each year.
From 1993 to 2005 the total biomass has more than doubled to 104,060,000
pounds. There has never been a quota as low as those proposed by NMFS. The
recreational anglers are not able to understand why they must continue to make
sacrifices when the stock is at its highest level in 20 years and they are
catching and releasing so many undersized fish. It does not make sense. If
the quota of 12.98 million pounds is put in place recreational anglers will be
catching half the number of fish that they were catching when the stocks were
collapsed. Something is wrong, very wrong.
According to
the science the quotas were set with the understanding that there was a 50%
probability that the rebuilding targets would be met. The NMFS has approved
and proposed a series of jarringly inconsistent quotas for this incredibly
valuable recreational and commercial fishery. In 2004 the stock assessment
committee told us we could go to a quota of over 30 million pounds for 2005
and 33 million pounds for 2006 with a 75% probability of meeting our targets.
The Council and Commission did not have to use 75% but chose to be more
conservative. After approving a quota of 30.3 million pounds for 2005, you
insisted on lowering the TAL to 23.6 million pounds under a plan that would
have led to a TAL of 27.5 million pounds in 2007. You then announced that the
ASMFC and MAFMC had allowed over fishing in 2005. You expected ASMFC and
MAFMC to be fortunetellers and reject NMFS science in 2004. Then earlier this
year, NMFS recommended a 2007 TAL of 5.2 million pounds, which would have
caused a virtual shutdown of the recreational fishery.
It is clearly
obvious that something is wrong. Something is wrong with the targets.
Something is wrong with the models that are used to calculate the total
biomass. By your own admission there is something wrong with the estimates of
the recreational catch. The time has come for the system to be fixed. That
is why we are asking for an independent outside peer review all the data used
to calculate the stock assessment. This is essential in order to validate the
science. Again until such a peer review is conducted we request that the
quota for 2007 remain at 23.6 million pounds. Recreational anglers will settle
for nothing less.
Tom Siciliano
Corresponding Secretary
Congress of the United States
October 30, 2006
NJ Congressman Frank Pallone, NJ Senator
Frank Lautenberg and NJ Senator Robert Menendez letter to NMFS on proposed
summer flounder quota
Patricia A. Kurkul,
Regional Administrator
National Marine Fisheries Service,
Northeast Regional Office
One Blackburn Drive, Gloucester, MA 01930
Re: Comments on 2007 Summer Flounder, Scup, and Black Sea
Bass Specifications
Dear Regional Administrator
Kurkul:
As elected
representatives from the State of New Jersey, we object to the National Marine
Fisheries Service's (NMFS) proposal to set the 2007 Total Allowable Landings (TAL)
for summer flounder at 12.983 million pounds. Such a drastic decrease from the
2006 TAL is difficult to understand and would cause undue hardship to the
summer flounder fishery in our home state.
We urge you
to withdraw this proposal and instead approve the Mid-Atlantic Fishery
Management Council's (MAFMC) quota of 19.9 million pounds for 2007. Such a
level would prevent overfishing while also rebuilding the stock under a short
but realistic extension to the rebuilding time frame. We believe that this
change would prompt the Atlantic States Marine Fisheries Commission (ASMFC) to
approve a TAL of 19.9 million pounds to correspond with the Council's
decision.
To our
dismay, NMFS has proposed a series of inconsistent quotas for this incredibly
valuable recreational and commercial fishery in the past several years. After
approving a quota of 30.3 million pounds for 2005, your Agency insisted on
lowering the TAL to 23.6 million pounds under a plan that would have led to a
TAL of 27.5 million pounds in 2007. Yet earlier this year, NMFS recommended a
2007 TAL of 5.2 million pounds, a draconian reduction that would have caused a
virtual shutdown of the recreational fishery in our home state. After the
MAFMC approved a quota of 19.9 million pounds, you have now chosen to propose
another TAL figure of 12.983 million pounds. This litany of proposed TALs has
caused a great deal of confusion among fisherman in our state.
In response
to your own inconsistent numbers, NMFS decided to update the stock assessment
using an internal peer review. We believe that by using figures from this
updated assessment, your agency can approve a TAL that maintains a fair level
of consistency for fishermen. Based upon the revised numbers, it appears that
a 2007 quota of 19.9 million pounds would be below the level estimated to
result in overfishing and would assure the continued rebuilding of the stock.
It is true
that a TAL of 19.9 million pounds may delay full rebuilding of the stock past
2010. Your agency, however, has the necessary flexibility to deal with
situations where management decisions targeted to a certain rebuilding date
could have disproportionate economic impacts, or are subject to other
unexpected factors such as the drastic change in quotas and projected quotas.
NMFS recognized this authority in its proposed changes to National Standard 1
published in June 2005. Moreover, as NMFS spokeswoman Susan Buchanan recently
told the Press of Atlantic City, the Magnuson-Stevens Act (MSA), as amended in
1996, does not require all stocks to be rebuilt in 10 years and NMFS could
extend the rebuilding time frame to avoid imposing undue economic hardships on
fishermen.
It would be patently unfair to
approve a 12.983 million pound TAL simply because NMFS is unwilling to
exercise scientifically viable and legally acceptable flexibility. In fact,
such an adjustment by NMFS would not be without precedent. Under Amendment 13
to the Northeast Multispecies Fisheries Management Plan (FMP) for groundfish,
NMFS approved an adaptive approach toward ending overfishing that also
provided flexibility in the rebuilding timelines in recognition of new
information. Similar flexibility with summer flounder is needed at this time.
We see no
reason for NMFS to avoid using the flexibility included in the MSA to adjust
the proposed summer flounder TAL from 12.983 million pounds to 19.9 million
pounds for 2007. This would avoid the drastic economic consequences of the
original proposal while ensuring continued progress towards a fully rebuilt
summer flounder stock.
Thank you for your attention
to this matter.
Sincerely,
Frank Pallone Member of Congress
Frank Lautenberg United States Senator
Robert Menendez United States Senator
Congress of the United States
October 31, 2006
NJ Congressman James Saxton Congressman, NJ Congressman Frank
A. LoBiondo, PA Congresswoman Allyson Y. Schwartz, NY Congressman Steve J.
Israel, NY Congressman Tim Bishop and NJ Congressman Scott Garrett letter to NMFS on proposed summer flounder quota
Dr William t. Hogarth
Assistant Administrator for Fisheries
National Marine Fisheries Service
National Oceanic and Atmospheric Administration
1315 East West Highway
Silver Springs MD, 20910;
Dear Dr. Hogarth
We are
writing today regarding the proposed rule for summer flounder. The National
Marine Fisheries Service (NMFS) is proposing a limit of 12,983 million pounds
in 2007, which represents a 45 percent reduction from this year’s limit and a
57 percent reduction .from the 2005 total allowable landings for summer
flounder. After years of approving overly optimistic catch limits to rebui1d
the summer flounder stock, we fail to understand why NMJFS is now proposing
such a dramatic reduction this coast-wide, recreationally and commercially
important fishery, While we are very supportive rebuilding summer flounder to
a level that is healthy and sustainable for the long-term, we urge yon to use
the administrative discretion inherent in the law regarding rebuilding time
lines, which the agency has recognized in other instances, extend tile
timeframe two or three additional years, and raise the total allowable
landings 10 alleviate the socioeconomic impacts on our coastal communities
that will result if the proposed rule is implemented.
As you know,
the summer flounder stock has been managed under a rebuilding plan since
2000. As summer flounder is a highly productive stock, the rebuilding
timeframe for fishery was set at 10years. By most measurable standards, tile
rebuilding plan for summer flounder is a resounding success. Under rebuilding,
biomass has more than doubled and the spawning stock biomass has nearly
tripled. Yet, six years into the rebuilding plan, the stock is only halfway to
the rebuilding target - with only three years left in the plan. Why?
Under tile
rebuilding plan, the Mid-Atlantic Fishery Management Council and the Atlantic
States Marine Fisheries Commission has set overly optimistic catch limits that
have been subsequently approved by NMFS. Only one catch limit adopted during
the rebuilding plan was set lower than those adopted for the seven years
leading up to implementation of the rebuilding plan. Additionally, the
management measures approved by NMFS were only designed to achieve a 50
percent chance - so it should be no surprise to anyone they were wrong some on
the time. As a consequence, the plans is far behind schedule to meet the
rebuilding target
Based on the
management measures adopted and approved to date, it is unclear whether either
the Council and the Commission or NMFS intended to meet the 10-year rebuilding
timeframe - until now. So, when anglers are seeing more summer flounder than
they have seen in decades, they are faced with management proposals which
translate into little or no fishery next year - and the subsequent economic
harm that will result from such draconian catch limits. It does not make sense
to our constituents and business owners, and it certainly does not make sense
to us. NMFS had set lower catch limits early in the rebuilding plan when the
stock was at a historic low, summer flounder would likely be close to being
rebuilt now.
We are very
supportive of rebuilding summer flounder to a level that is healthy and
sustainable for the long-term. However, based on the mistakes NMFS has
acknowledged in the oversight of the fishery rebuilding plan, we request that
you use the administrative discretion inherent in the law regarding rebuilding
timelines, which the agency has recognized in other instances, extend the
timeframe two or three additional years, and raise the total allowable
landings to alleviate the extreme socio-economic impacts on our coastal
communities that will result if the proposed rule is implemented.
Thank you for your
consideration.
James Saxton Member of Congress
Frank A. LoBiondo Member of Congress
Allyson Y. Schwartz Member of Congress
Steve J. Israel Member of Congress
Tim Bishop Member of Congress
Scott Garrett Member of Congress
ASMFC Summary of Annual Meeting Week
To get a complete summary of all the activities at the ASMFC
Annual Meeting got to the ASMFC including striped bass, eel, shad and river
herring and much more go to their web page.
SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS MANAGEMENT
BOARD (October 25, 2006)
Meeting Summary
The Summer
Flounder, Scup, and Black Sea Bass Management Board deliberated setting the 2007
specifications for summer flounder. The Board considered the filed proposed rule
from the National Marine Fisheries Service (NMFS), the recommendations from the
Mid-Atlantic Fishery Management Council (MAFMC), and the most recent stock
assessment information. After lengthy discussions, the Board was unable to reach
consensus on the specifications. The Board will revisit the specifications at
their next meeting.
A draft version of
Amendment 14 that considers rebuilding schedule options for the scup fishery was
presented to the Board. The Board added an option to take no action until it is
demonstrated that the substitution of the R/V Bigelow for the R/V Albatross will
not make use of the scup spring trawl survey time series invalid for determining
the extent of scup rebuilding relative to the target SSB established from
Albatross survey indices. The draft amendment document will be presented to the
board at their next meeting for approval for public comment.
The Board
committed to revitalize membership to its Summer Flounder, Scup, and Black Sea
Bass Advisory Panels so that these groups can provide substantive input on
pending management actions for the three species. This includes advisory panel
input on Draft Amendment 15. Accordingly, the Board deferred action on the draft
until the advisory panel had an opportunity to review and provide its feedback
on the document.
The NMFS proposed
rule for the 2007 scup and black sea bass specifications presented to the Board
were not consistent with the specifications set by the Summer Flounder, Scup,
and Black Sea Bass Board at the August joint meeting with the MAFMC. The Board
agreed to address this issue at its next meeting.
For more
information, please contact Toni Kerns, Senior Fisheries Management Plan
Coordinator for Management, at tkerns@asmfc.org or (202) 289-6400.
Motions
Move that the
Board (1) adopt a summer flounder TAL of 19.9 million pounds for 2007; (2)
initiate immediately incorporation of a 5-year extension of the rebuilding
period in Amendment 14; (3) simultaneously request the Secretary of Commerce and
Congress to take such actions as are necessary to revise the federal rebuilding
schedule consistent with the ASMFC Amendment; (4) upon initiation of federal
action to extend the rebuilding schedule, revise the 2007 TAL at that time
consistent with F rebuild that results from such action.
Motion made by Mr.
Petronio, second by Mr. Adler. Motion passes. (Motion reconsidered; see below)
Move to amend to
set a 2007 summer flounder TAL of 14.156 million pounds.
Motion made by Mr. Smith, second by
Mr. Augustine. Motion fails.
Move to substitute
that the Board (1) adopt effective today a 2007 summer flounder TAL of 12.98
million pounds; (2) initiate immediately incorporation of a 5-year extension of
the rebuilding period in Amendment 14; (3) simultaneously request the Secretary
of Commerce and Congress to take such actions as are necessary to revise the
federal rebuilding schedule consistent with the ASMFC Amendment; (4) upon
initiation of federal action to extend the rebuilding schedule, revise the 2007
TAL at that time consistent with F rebuild that results from such action.
Motion made by Mr.
Colvin, second by Mr. Pate. Motion fails.
Move to not adopt
a scup rebuilding schedule at this time, instead adopt a scup rebuilding
schedule based on NEFSC spring bottom trawl survey data after it is demonstrated
that substitution of the R/V Bigelow for the R/V Albatross will not make use of
the scup time series invalid for determining the extent of scup rebuilding
relative to the target SSB established from Albatross survey indices.
Motion made by Dr. Pierce, second
by Mr. Colvin. Motion passes.
Move to reconsider
the Board’s action to adopt the 19.9 million pound summer flounder TAL for
2007.
Motion made by
Colvin, second by Mr. Pate. Motion passes.
Move to amend the
reconsidered motion to substitute 12.98 million for 19.9 million.
Motion made by Mr. Colvin, second
by Ms. Kurkul. Motion fails for lack of a majority.
Move to amend the
reconsidered motion to substitute 14.156 million for 19.9 million.
Motion made by Mr. Augustine,
second by Mr. Smith. Motion fails for lack of a majority.
Reconsidered Motion:
Move that the
Board (1) adopt a summer flounder TAL of 19.9 million pounds for 2007; (2)
initiate immediately incorporation of a 5-year extension of the rebuilding
period in Amendment 14; (3) simultaneously request the Secretary of Commerce and
Congress to take such actions as are necessary to revise the federal rebuilding
schedule consistent with the ASMFC Amendment; (4) upon initiation of federal
action to extend the rebuilding schedule, revise the 2007 TAL at that time
consistent with F rebuild that results from such action.
Motion made by Mr. Petronio, second
by Mr. Adler. Motion fails.
TAUTOG MANAGEMENT BOARD (October 25, 2006)
ASMFC Tautog Board
Approves Draft Addendum IV for Public Comment
Addendum to
Address Stock Rebuilding
Atlantic Beach, NC
– The Commission’s Tautog Management Board approved sending forward for public
comment Draft Addendum IV to the Interstate Fishery Management Plan for Tautog.
The Draft Addendum proposes a definition for target and threshold spawning stock
biomass (SSB), and a new fishing mortality rate to achieve stock rebuilding.
This action was
taken in response to the findings and recommendations of the 2006 peer-reviewed
stock assessment, as well as those of the recently updated virtual population
analysis (VPA). The assessment indicates that the tautog resource remains at low
biomass levels. Since the mid-1980s, tautog has undergone a substantial decrease
in total and spawning stock biomass. Both indicators are currently at levels
about one-third as high as their early time series average. Based on the
current fishing mortality target (F = 0.30) and the recent fishing mortality
estimates for the last two years, overfishing is not occurring.
In addition to
defining a coastwide biomass target, the Draft Addendum proposes allowing
individual states or groups of states to determine their own fishing mortality
rates and SSB reference points more appropriate for their geographic region than
the coastwide assessment. These regional reference points would require
Technical Committee review and Management Board approval before they could be
implemented at the state or regional level.
The Draft Addendum
will be available by early November. Copies can be obtained by contacting the
Commission at (202) 289-6400 or via the Commission’s website at www.asmfc.org
under Breaking News. It is anticipated that most of the affected states (MA –
VA) will conduct public hearings on the Draft Addendum in December; information
on the hearings will be released once it becomes available.
The Board will
meet in late January to review public comment on the Draft Addendum and consider
its final approval. For more information, please contact Christopher
Vonderweidt, Fisheries Management Plan Coordinator, at cvonderweidt@asmfc.org
or (202) 289-6400.
Motions
Move to alter the
language in section 4.1.2 of Draft Addendum IV to be consistent with Addendum
III, leaving the commercial fishery at status quo, and include language on
enforcement of illegal live harvest.
Motion made by Mr. Himchak, second
by Mr. Smith. Motion carries (6 in favor, 2 opposed, and 2 null).
Move to approve
Draft Addendum IV for public comment with the above changes.
Motion made by Mr. Smith, second by
Mr. Berg. Motion carries.
(October 25,
2006)
Meeting Summary
The Weakfish
Management Board met with three main objectives: 1) reviewing the Plan Review
Team’s annual reports; 2) reviewing and considering approval of Draft Addendum
II; and 3) addressing an inconsistency between the Commission’s and the South
Atlantic Fishery Management Council’s (SAFMC) penaeid shrimp bycatch reduction
device requirements.
The Board approved
the annual Fishery Management Plan Review, which provided an update on the
status of management measures, the stock, the fisheries, research and monitoring
activities, and research needs. The Plan Review Team’s report on state
compliance alerted the Board that one state had failed to collect the number of
weakfish ages and lengths required by Amendment 4. The state’s efforts to
collect the samples amidst financial and staff limitations swayed the Board to
accept an appeal for a compliance finding. In the state compliance reports, four
states requested de minimis status for 2006. The Board approved de
minimis for Connecticut, Georgia, and Florida, and delayed determination of
South Carolina’s status until the next meeting to allow NMFS staff to research
the accuracy of recorded recreational landings for the state.
The Board heard comment on and discussed Draft Addendum II,
which includes options to reduce fishing mortality. The Board opted to delay
action on Addendum II to allow staff to further develop the options included in
the draft addendum. The Board expressed strong concern that a landings
reduction could result in a large and unquantified increase in discards without
reducing fishing mortality. Without an accepted estimate on stock biomass,
determining the effect of an increase in management restrictions would be
difficult. The Board concluded that the addendum’s objective should be to
control harvest should the stock improve. Staff will revise the draft addendum
to include management tools, such as a commercial cap and a recreational bag
limit, which would have a reasonable amount of conservative benefit in the event
that stock status improves.
Lastly, the Board
approved the initiation of an addendum to modify the bycatch reduction device
(BRD) provisions in Amendment 4 to be consistent with the SAFMC’s Amendment 6
provisions. Amendment 6 requires BRDs that demonstrate a 30% reduction in
finfish bycatch, whereas Amendment 4 requires a result of 40% reduction. An
Addendum will be prepared and presented to the Board at the next meeting.
For more
information on the activities of the Weakfish Management Board, please contact
Nichola Meserve, Fisheries Management Plan Coordinator, at (202) 289-6400 or
nmeserve@asmfc.org.
Motions
Move to grant
de minimis status to CT and GA for 2006.
Motion made by Dr. Daniel, second
by Mr. Vasta. Motion carries.
Move to grant
de minimis status to FL for 2006.
Motion made by Dr. Daniel, second
by Mr. Woodward. Motion carries.
Move to approve
the FMP Review.
Motion made by Mr. O’Reilly, second
by Dr. Daniel. Motion carries.
Move to approve
the supplement to the addendum selecting the status quo option.
Motion made by Dr. Daniel, second
by Mr. Carpenter. Motion postponed.
Move to postpone
the motion until the January meeting. Motion made by Mr. Smith, second by Mr.
Gibson. Motion carries.
Move to initiate
an addendum to make ASMFC’s BRD requirements consistent with the SAFMC’s
Amendment 6. Motion made by Dr. Daniel, second by Mr. Woodward. Motion carries
unanimously.
When NMFS's Kurkel rattles her fluke saber, ASMFC backs down
from bold stand, leaving commercial, recreational anglers with no idea what 2007
holds for fluke fishery
Posted by the Asbury Park Press on 10/27/06
BY JOHN GEISER, CORRESPONDENT
The Atlantic
States Marine Fisheries Commission almost - almost, that is - stood up to the
National Marine Fisheries Service on Wednesday.
The ASMFC's summer
flounder, black sea bass and scup board listened to pleas from Thomas P. Fote,
legislative chairman of the Jersey Coast Anglers Association, and Philip Curcio,
legal counsel for the Recreational Fishing Alliance and the United Boatmen of
New Jersey and New York, and decided that it would support the Mid-Atlantic
Fishery Management Council's recommendation of a fluke quota of 19.9 million
pounds.
A motion was
passed to that effect, and the measure included the stinger that the rebuilding
period for fluke should be extended from 2010 to 2015.The pro-recreational
representatives were quickly on the phone to spread the good news. The 2007
fluke fishery was not lost after all.
The National
Marine Fisheries Service was aghast. This was almost unprecedented to them. The
ASMFC could usually be counted on to wilt, later as was done several years ago
or sooner, as it did last year. Patricia Kurkel, northeast regional
administrator for NMFS, saw the government's draconian position in trouble. She
was the one who sounded the alarm on the 2006 fluke quota and supported the drop
to 23.6 million pounds. She was the one who suggested back in July that the
total coastal quota should be 5.2 million pounds next year.
This time she
warned that, if the ASMFC went ahead, the commercial quota for fluke would have
to be cut in federal waters from a 60 percent share of 12.983 million pounds, as
recommended by the service's office of science and technology, to possibly 6 or
7 million pounds.
Commercial
representatives at Wednesday's meeting immediately protested. They saw their
share of the 12.983 million pounds falling suddenly from 7.789 million pounds
to, as Kurkel threatened, 6 or 7 million pounds.
Gordon Colvin, New
York's director of marine fisheries, responded with a motion that the board
reconsider its earlier motion. An argument then ensued as to whether this could
be done with a simple majority or a two-thirds majority was needed to override
the motion that was passed earlier.
Robert's Rules of
Order stated that a two-thirds majority was needed, but Colvin said this did not
apply in the case of a motion passed in a meeting that was still under way. A
new vote was taken.
The earlier motion
then failed on a simple majority vote, and Colvin substituted a motion to accept
NMFS's proposed 12.983 million-pound quota for 19.9 million pounds. This failed.
Pat Augustine,
another New York representative, then made a motion to accept the service's
other recommended quota of 14.156 million pounds, and this also failed by the
same vote.
The National
Marine Fisheries Service and the National Fish and Wildlife Service both have a
vote, and both voted against the quota of 19.9 million pounds.
"So we came full
circle," Curcio said. "We wasted five hours in discussion and a trip to Atlantic
Beach, N.C., and got nowhere. The board wound up doing nothing.
"It was very
discouraging," he continued. "The board did essentially the same thing as last
year. The result was the same except for a procedural step. I suspect that we
will get 12.9 million pounds when they have a joint meeting (with the
Mid-Atlantic Fishery Management Council) in December."
Fote, formerly one
of New Jersey's representatives on the ASMFC, said to pass the motion for 19.9
million pounds and then to retract it was disgusting.
"It showed the
board has no guts," he said. "They have no backbone. They should have stood up
to NMFS and sent the message to Congress that the whole thing has to be fixed."
Fote said he asked
the board to use common sense, look at the numbers, and not to get caught up in
NMFS's political games.
"NMFS doesn't care
about the social and economic impacts of their decisions," he said. "They don't
care if people go out of business or lose their boats. Remember, this stock is
not overfished even by NMFS's crazy standards."
Fote pointed out
that in 1993, the first year of management under the allocation system, the
spawning stock biomass was 20,460,000 pounds and the total biomass was
46,860,000 pounds.
The 10-year clock
that Congress started in 2000 whereby the fluke fishery had to be rebuilt to 204
million pounds by 2010. The target was recently changed by NMFS to 197 million
pounds. The spawning stock biomass that year was 42,680,000 pounds and the total
biomass was 61,380,000.
The spawning stock
biomass had increased to 67,320,000 pounds in 2005, and the total biomass had
increased to 104,060,000 pounds.
"Since 1993, the
spawning stock biomass has gone up a multiple of 3.29 and its biomass has gone
up a multiple of 2.22," Fote stressed.
"Although
overfishing is occurring, given our F target rate of 0.276, the stock is not
overfished, as it's more than one half the current Bmsy target of 204,000,000,"
he said.
"Remember,
overfishing is only taking place because NMFS gave us incorrect target figures
in 2004," he said.
"In 2004, the
stock assessment committee told us we could go to a quota of over 30 million
pounds for 2005, and 33 million pounds for 2006 with a 75 percent probability of
meeting our targets," he emphasized.
"The following
year NMFS changed the figures and recommended 23.6 million pounds and announced
that ASMFC and MAFMC had allowed overfishing in 2005," he continued. "They
expected ASMFC and MAFMC to be fortune tellers and reject NMFS science in 2004."
The first year the
new allocation system went into effect — 1993 — the quota was 20.73 million
pounds. It has never been lower than 17.9 million pounds — 2001 — yet 14 years
of conserving fluke and the achievement of rebuilding the stocks from a biomass
of 21,227,000 fish to 47,789,000 fish in 2006.
Now NMFS wants to
drop the quota to 12.983 million pounds.
Fote said he asked
the ASMFC board to support the Mid-Atlantic Council's recommendation for 19.9
million pounds because no new information has come out beyond the facts that the
council used to base its stand.
"Do not let
yourself be drawn into the argument over whether a 10-year rebuilding program is
right or wrong," Fote told the board. "That is NMFS's problem not your problem.
What the ASMFC needs is a realistic target to rebuild these fisheries, not the
flawed target used by NMFS that created this situation."
James A. Donofrio,
executive director of the Recreational Fishing Alliance, said the board's
decision to recommend 19.9 million pounds in support of the Mid-Atlantic
Council's position only to reverse itself at the 11th hour of the same meeting
was deplorable.
"When I first
heard they took a stand for what is right, I was pleased," he said. "It looked
as if they finally had listened to the tens of thousands of fishermen who had
put in the effort to overcome this travesty.
"It would have
been unfortunate for commercial fishermen who would have lost quota, but now,
with the board reversing itself, we've all lost," he said.
Donofrio said he
thought the ASMFC board would have recognized that the problem is with the law
that Congress passed, not overfishing. "This is a big disappointment," Donofrio
said. "If you recall, this is the same thing that happened at Atlantic City last
year only worse. We made our case before the board, they understood where we
were coming from, and then changed their minds.
"This is another
example of the Atlantic States Marine Fisheries Commission outliving its
usefulness," he continued. "They are not supposed to be a rubber stamp for NMFS;
they're supposed to make decisions on their own, to represent recreational and
commercial fishermen fairly, not be a de facto federal agency. "If they can't
stand up to NMFS, and NMFS makes all of the decisions — right or wrong — then
it's time to do away with the ASMFC," he added. "We don't need this extra layer
that is an expense to the taxpayers. Save the money and put it into research and
programs that will benefit the resource and those who harvest it."
N.J. legislators urge higher fluke quota
The Star Ledger Tuesday, October 31, 2006
Only pressure from New Jersey lawmakers is likely to save next
year's fluke season, and three members of the state's delegation combined to
write a letter yesterday to the National Marine Fisheries Service.
Senators Frank
Lautenberg and Robert Menendez and Rep. Frank Pallone urged regional
administrator Patricia Kurkul "to exercise scientifically viable and legally
acceptable flexibility" by accepting the 19.9 million-pound quota already
adopted by the Mid-Atlantic Fishery Management Council, rather than the mere
12.983 million pounds the agency advocates, in order to avoid the drastic
economic consequences of virtually shutting down the 2007 season.
Lautenberg,
Menendez and Pallone signed on to the letter, which emphasized that NMFS has the
required flexibility under the Magnuson-Stevens Act to extend rebuilding
timelines in order to avoid imposing economic hardships on fishermen. The
legislators conceded that might delay full rebuilding of the stock past 2010 to
2013, but noted that Congress had provided the flexibility required to do that.
