Fisheries Management & Legislative Report

The Atlantic States Marine Fisheries Commission decided to reduce the recreational bag limit to 6 fish along the entire coast. For New Jersey that represents a reduction from 8 fish at a 13 inch minimum to 6 fish at the same size. Lately, ASMFC has retreated from “fair and equitable.” ASMFC has also been penalizing states for being more conservative. When the last amendment was passed, New Jersey was not treated fairly. This current addendum does nothing to rectify that unfairness. When the last amendment was completed, the goal was to reduce the recreational catch to 32%. The actual outcome was that states at 12 inches (Virginia and North Carolina) were allowed to increase their bag limit from 4 fish to 7 fish. Meanwhile, New Jersey and Delaware reduced the catch from 14 fish at 14 inches to 8 fish at 13 inches. We could have gone to 7 fish at 12 inches but decided that was not the option New Jersey anglers wanted. In the old days, ASMFC would not have penalized a state for being more conservative. Now, however, we are told that we have to stay at 13 inches and go to a 6 fish bag limit. We are losing 2 fish and again being more conservative than the southern states that are losing one fish at 12 inches. ASMFC has gotten a bad reputation with recreational anglers due to their tendency to acquiesce to the National Marine Fisheries Commission. Now the plans they actually have control over, they no longer treat all states fairly when reductions or increases are made. As you will read later in my report, they are actually moving to limit public comment. There doesn’t seem to be a single area in which they are working for recreational anglers. As a former commissioner I am sorry to see ASMFC reduced to this low level of public esteem. It also makes many of us reconsider our support for the Atlantic Coast Conservation Act.

The Atlantic States Marine Fisheries Commission showed absolutely no guts and simply rubber stamped the National Marines Fisheries Service’s plan for summer flounder. Even though NMFS was asked at the New York meeting to provide ASMFC with tables based on 50% probability, these tables were never available. As a consequence, 75% probability was all that was available. What I find really interesting is that the Commission and Council members who had requested that NMFS review the target and provide this data, never called NMFS to task at the most recent meeting. I asked many Council and Commission members if they were aware that NMFS had increased the target from 204 million to 215 million pounds. No one I spoke to seemed aware of this change. This is no way to make decisions. Hopefully, ASMFC will demand that NMFS go to an outside peer review before ASMFC acquiesces anymore to NMFS draconian measures. JCAA paid $1,000 in expenses for me to attend the 4 days of meetings. Taxpayers are paying for Commissioners to attend meetings and make decisions. To get those Commissioners there may cost well more than the $1,000 JCAA spends. The members who are State Directors are away from their state jobs to attend these meetings. Most Governors’ Appointees receive nothing beyond their expenses. They are giving up their time and their salaries. If taxpayers are going to fund this operation and people give up their valuable time and money, we should expect at least a Commission that actually has the authority to make decisions in the best interests of the resource and the public without being required to rubber-stamp the decisions made by NMFS. If that is all they are going to do, we could just have a conference call or condense the meetings to just species where ASMFC actually gets to make decisions. The tables are included below for the choices for ’07. I have also included the tables for Connecticut and New York. New Jersey is taking a serious economic hit but the outlook for New York is an absolute disaster and may actually destroy the recreational summer flounder fishery and all the businesses that rely on that fishery. All of the pain is needless since a considerably higher quota would have no long-term impact on rebuilding summer flounder. NMFS has actually admitted this drastic cut might have no long-term positive impact on rebuilding since the problems may be connected to environmental and natural mortality and not fishing.

Connecticut 
2006 Harvest Limit: 138,000 fish
2006 Landings: 105,763 fish
2007 Harvest Limit: 91,300 fish
Alteration for 2007: 13.7% reduction

Proposed 2007 Measures: Other options may be created using the same methodology.

Option size bag open season 
1	18	6           June 7 - Dec 31
2	18	6           April 30 - August 28
3	18	5           May 30 - Dec 31
4	18	5           April 30 - September 5
5	18	4           May 18 - Dec 31

New York 
2006 Harvest Limit: 650,000 fish
2006 Landings: 837,457 fish
2007 Harvest Limit: 430,262 fish
Alteration for 2007: 49.0 % reduction
2006 Regulations:	Minimum Size: 18.0”
	Possession Limit: 4 fish
	Open Season: May 6-September 12
Proposed 2007 Measures: Other options may be created using the same methodology.

Option	Size	Bag	Open Season
1	18.0"	4	June 22 - July 31
2	18.0"	3	June 22 - July 31
3	18.0"	2	June 19 - July 31
4	18.5"	4	May 25 - July 31
5	18.5"	4	May 6 - July 25
6	18.5"	4	June 22 - August 31
7	18.5"	2	June 22 - September 12
8	19.0"	4	May 6 - August 31
9	19.0"	4	May 12 - September 9
10	19.0"	3	May 12 - September 9
11	19.0"	2	May 6 - September 9
12	19.5”	4	All Year
12	20.0"	4	All Year


New Jersey 
2006 Harvest Limit: 1,443,000 fish
2006 Landings: 1,578,349 fish
2007 Harvest Limit: 954,272 fish
Alteration for 2007: 39.5 % reduction
2006 Regulations:
	Minimum Size: 16.5”
	Possession Limit: 8 fish
	Open Season: May 6- October 9

Proposed 2007 Measures: Other options may be created using the same methodology

Option size bag open season 
1	16.5	8	July 1-September 3
2	16.5	2	June 26- September 7
3	17	8	June 10- September 19
4	17	8	June 9-September 18
5	17	2	June 5- September 22
6	17.5	8	May 6-October 9

I wish I had some good news. However, ASMFC decided to reduce the tautog mortality rate by 28.6% on the recreational community for 2008. In the meantime, the commercial community will stay at status quo. The plan does allow the states to be more conservative and that would allow New Jersey to distribute the change across the recreational and commercial communities. JCAA will be demanding that the pain be shared. In other species like scup where we are small players, any reduction comes off equally on both communities. It is only fair we share the reductions for tautog if that is what happens in species where we are minor players.

ASMFC failed to address the illegal live fish fishery for tautog. We know that this is a major contributor to the mortality for this species. We also know there are major markets in Pennsylvania and Maryland that are selling undersized tautog since they did not implement the size limit. ASMFC should have demanded that every state that sells tautog have a minimum 14 inch size limit. That would correct some of the problem. We should also be requiring that all sellers and buyers be licensed. If a state does not have that requirement, there should be no opportunity to sell live fish. We need a paper trail to identify the original and end point for those fish.

There is a move to really restrict public comment at the Atlantic States Marine Fisheries Commission (ASMFC) meetings. If it was up to some people, there would be no public comment at ASMFC meetings. When the Atlantic Coast Conservation Act was being discussed in the early 90’s, there was much concern expressed by JCAA and the North Carolina Fisherman’s Association that the Commission was a “good old boys” network and was not responsive to the public. When I first began attending Commission meetings there was no allowance for public comment. There were only 5 state directors on a board, no legislative or Governor’s appointee. One of my first goals as the Governor’s appointee for New Jersey was to work to guarantee public access and participation. Before JCAA would support the Atlantic Coast Conservation Act, there were promises made that the process would be opened to the public. We were promised that the Governor’s appointees and the legislative appointees would be more involved in the process. Working together with other commissioners during the 90’s, we transformed the Commission to an open process that required commissioners to listen to the public. In my estimation, ASMFC began a good example of how this type system could work. In the last few years I have become discouraged by the changes at ASMFC.

Not only has ASMFC failed to meet its responsibilities and stand up to NMFS, but they are now trying to restrict public comment. I had to leave the recent meeting before the policy committee met, but in looking at their minutes I saw a disturbing paragraph suggesting they will limit public comment. As I pointed out in an earlier article, it costs JCAA about $1,000 in expenses to send me to four days of meetings. I don’t take a salary but those are my four days that are invested in meetings. The general public cannot afford to attend these meetings, either in the expense required or in lost wages. In the old days at least ASMFC would leave Washington, DC and conduct species meetings closer to home for the recreational anglers. Now they hold every meeting except for the annual meeting in Washington, DC. They make important decisions on species at annual meetings that are held in states that have no interest in that species. Frequently, the travel time for a one-day meeting at these distant sites is a total of 3 days. That is why groups like JCAA were formed. We represent the public interest; most importantly, the interest of those anglers who are unable to attend on their own. When you consider that your taxpayer dollars and your personal expenses and lost wages are all included in your attendance, then at the very minimum, you deserve to make your opinions known by speaking at the meetings. Sometimes the final motion does not even resemble the options discussed at the more local public meetings. JCAA has reached out to other commercial and recreational organizations to write a letter to ASMFC demanding continued public participation at all ASMFC meetings. We will not accept anything less. We will also contact our congressmen and senators who sponsor the legislation that allows ASMFC to manage fisheries and funds their operations. We will expect them to take action. This may involve reducing ASMFC powers and/or cutting their funding.

A letter from JCAA is included in this newspaper supporting the elimination of pots from the artificial reefs. JCAA has joined a coalition to make this happen not only off New Jersey but the entire Mid-Atlantic Coast. This coalition is similar to the coalition we built for the menhaden project. We are asking our member clubs to write similar letters to Governor Corzine. If you have any questions, send me an email.

The Atlantic Striped Bass Management Board met to review an update from the Technical Committee and review and consider approval of a proposal from Maryland to eliminate the quota management system in place for the Chesapeake Bay spring trophy fishery. A second proposal from North Carolina to increase the total allowable catch in the Albemarle Sound/Roanoke River fishery was withdrawn prior to the meeting.

Maryland Department of Natural Resources submitted a proposal to the Commission to eliminate the hard harvest quota on the Chesapeake Bay spring trophy fishery. The proposed management system, while eliminating the quota, would have kept the other regulations for the fishery in place (the approximately one month long fishing season, a large minimum size limit, and a one fish creel limit) and maintained Maryland’s current harvest monitoring program. The motion to approve the proposal failed, with Board members discussing equity concerns, monitoring needs, effort considerations, socioeconomic issues, and the desire to know the results of the upcoming stock assessment before considering the proposed action.

Subsequently, Maryland proposed, and the Board approved, a harvest target for the 2007 spring trophy fishery of the baseline quota minus the 2006 overage (26,283 fish), to be no less than 30,000 fish. Maryland must adopt new regulations, approved by the Atlantic Striped Bass Technical Committee, to reach the target harvest level. This management system was approved for the 2007 fishery only and the Board will revisit the regulations prior to the 2008 season.

Doug Grout, chair of the Atlantic Striped Bass Technical Committee (TC), provided an update to the Board following the TC’s meeting earlier in January. This update covered the TC’s analysis of the proposal from Maryland and progress on the 2007 stock assessment. The latter included a review of the Terms of Reference for the stock assessment, which required and received the Board’s approval, discussion of a potential new model for the assessment, and a timeline of important dates for the assessment process, as listed below.

• June 15, 2007 – State compliance reports due with all data needed for stock assessment
• Late July/early August – Assessment workshops for both the Stock Assessment Subcommittee and the Tagging Subcommittee
• September 4 – Stock assessment report (SAR) due to ASMFC staff
• Mid-September – Striped Bass TC meeting to review and approve/disapprove SAR
• November/December – Peer Review of SAR
• January 2008 – Management Board approve/disapprove peer reviewed SAR

Press Release: ASMFC Tautog Board Approves Addendum IV
Addendum Establishes Stock Rebuilding Program

Alexandria, VA – The Commission’s Tautog Management Board approved Addendum IV to the Interstate Fishery Management Plan for Tautog. The Addendum initiates a stock rebuilding program for tautog through the establishment of coastwide target and threshold levels for spawning stock biomass (SSB), and a new fishing mortality target. Under the new program, states will be required to reduce fishing mortality by 28%. The recreational sector, which accounts for 90% of tautog harvest, can expect the implementation of more restrictive management measures by January 1, 2008. These measures may include decreased bag limits and seasonal closures.

This action was taken in response to the findings of the 2005 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 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.

To allow fisheries managers to assess the status of the stock, the Addendum establishes for the first time a SSB target of 26,800 metric tons and a SSB threshold of 20,100 metric tons. Based on these new reference points, the tautog resource, with an estimated SSB of 10,600 metric tons, is considered overfished. To initiate rebuilding, the Addendum establishes a new fishing mortality target of 0.20, compared to the current fishing mortality rate of 0.28. Under this scenario, states will be required to reduce fishing mortality in their recreational sectors by 28.6%. States will have until January 1, 2008 to fully implement the Addendum. The Board is scheduled to meet in May to review and approve state proposals for their recreational fisheries. A rebuilt stock would provide important benefits to recreational, commercial, and for-hire fisheries.

The Board also received a report from the Commission’s Law Enforcement Committee regarding the illegal live fish fishery that has been perceived by some as increasing in magnitude throughout the Mid-Atlantic region. The Board expressed its concern about this issue and committed to closely monitor enforcement efforts on the tautog fishery.

The Summer Flounder, Scup, and Black Sea Bass Board reviewed and accepted summer flounder state recreational proposals and a methodology to establish regional measures. States will establish their 2007 recreational measures from these approved approaches prior to the start of the 2007 recreational season.

The Board reviewed and approved draft Amendment 14 for public comment. The purpose of this Amendment is to develop a rebuilding plan for the scup stock, thereby preventing overfishing and rebuilding the scup stock to the level associated with maximum sustainable yield (Bmsy) through a suite of options. A press release announcing public hearings for the draft amendment will be released in early February.

The Board initiated an addendum that will be reviewed and considered for public comment at the Commission’s Spring Meeting Week. This addendum will include options to extend Addendum XII, which expires on January 1, 2008. Addendum XII set the state-by-state shares for the black sea bass fishery. Also included in the initiated addendum will be options to explore changes to the summer flounder recreational allocation. Lastly, the addendum will include options to allow the Board to change biological reference points during the specification setting process following stock assessment reviews.

Press Release: ASMFC Weakfish Board Approves Addendum II
Addendum to Control Expansion of the Fishery

Alexandria, VA – The Commission’s Weakfish Management Board approved Addendum II to Amendment 4 to the Interstate Fishery Management Plan (FMP) for Weakfish. Under the Addendum, the states of Massachusetts through North Carolina will be required to implement a six fish creel limit at their current size limit for the recreational fishery. South Carolina, Georgia, and Florida, because of their insignificant weakfish landings, will maintain their current creel and size limits. The Addendum establishes a coastwide commercial landings limit of approximately 3.7 million pounds (based on the average landings for 2000-2004). The Addendum also reduces the allowable bycatch limit from 300 pounds to 150 pounds per day or trip.

The Board’s action was taken in response to a significant decline in stock abundance and increasing total mortality since 1999. As a result of the stock’s overfished status, the Board is required under Amendment 4 to adjust the management program to help rebuild spawning stock biomass. This issue is compounded by the fact that natural mortality, rather than fishing mortality, has been indicated as the lead cause for stock decline.

In order to provide a greater probability of the stock rebounding, the Board has implemented a more conservative recreational creel limit, a commercial bycatch limit, and an annual commercial landings limit. These management measures will be re-evaluated when either the coastwide commercial landings equal or exceed 80% of the commercial landings limit or any single state’s landings exceed its five-year mean by more than 25% in any single year.

Meeting Summary

The Interstate Fisheries Management Program Policy Board met to address a number of issues. The Policy Board reviewed an updated discussion paper on public participation in the Commission process. The paper included a series of options to provide additional structure to the public participation at Commission meetings. The Board refined the public comment policy. The elements of the policy include the continued opportunity for comment to management boards at the beginning of meetings on issues that are not included on the agenda. The Policy Board determined that many issues being considered by management boards have been made available prior to the meeting. The Policy Board determined that for any issue that has been taken out for public hearing, the public will only be given only minimal comment opportunity during meetings. The Policy Board made this determination based on the recognition of the numerous public comment opportunities and concern that individuals that have the resources to travel to ASMFC meetings have increased access to the management boards. The

Policy Board also reviewed a draft problem statement and charge to an Allocation Subcommittee. This Subcommittee was formed in 2006 to recommend criteria and standards for the management boards to consider in future allocation decisions. The Policy Board confirmed the membership of this Subcommittee and asked that they meet and provide an update on progress at the ASMFC Spring Meeting.

Public Feeling Squeezed out of Meetings

Public participation in the fishery management process is marginal at best, and the Atlantic States Marine Fisheries Commission is making it even more difficult.

Tom Fote, legislative director of the Jersey Coast Anglers Association and a former governor's appointee to the ASMFC, came back very disturbed from last week's meetings in Alexandria, Va., after being cut off from commenting before the vote at the Tautog Management Board session.

And he was even more upset at a new policy adopted there by the Interstate Fisheries Management Program Policy Board, which "determined that for any issue that has been taken out for public hearing, the public will only be given only minimal comment opportunity during meetings." The board expressed concern that individuals having the resources to travel to ASMFC meetings have increased access to the management boards.

Yet, as Fote points out, that may be the only representation the public gets after options discussed at the public hearings are altered at board meetings and could be very different from what was originally presented. The ASMFC holds meetings in expensive hotels, and often in relatively inaccessible areas, so few individual participants in the fisheries can afford the time and expense of attending. It's essential that leaders of organizations be able to monitor and comment on the actions that affect everyone. Fote takes no salary, but it still cost the JCAA more than $1,000 in travel and lodging expenses for this meeting.

Don't Shut Down LORAN-C, Anglers, Captains Say

There is still a lot of public interest in retaining the LORAN-C land-based navigation system, if the response to the announcement of its possible termination is any indication.  Phone calls have been coming to my office steadily since a column ran Jan. 14 in The Press alerting the public to possible action.  It has been probably 10 years since the government announced the LORAN-C system would be replaced, and the outcry against it at that time was substantial. The idea was shelved until this year.

Scott Handschuch, public affairs officer for the Coast Guard Auxiliary Flotilla 22-Sandy Hook, first alerted Shore area boaters the second week in January that the system may be decommissioned this year.  The Department of Transportation, in coordination with the Department of Homeland Security, is seeking public input on the fate of the Long Range Navigation System, otherwise known as LORAN-C.

Ristori: Reefs Not Serving Purpose

New Jersey's artificial reefs are becoming covered with pots that not only trap much of the fish life, but also cover so much ground in strings that drift fishing becomes difficult -- and the very purpose of establishing the reefs for recreational use is defeated. Bill Figley, the architect of the reef program before retiring from the Division of Fish and Wildlife, says all that ever-present commercial gear has also become a problem in expanding the reefs since materials can't be dumped as planned if gear would be damaged.

When confronted with the prospect of lost recreational fishing opportunities plus consequent economic effects due to their regulations, National Marine Fisheries Service (MFS) officials have often stated that sportfishermen will simply take up another sport, such as golf. As it's turned out, our artificial reefs look like a watery golf course with high flyers bobbing in the waves to mark strings of fish and lobster pots. These are so numerous in many cases that it's impossible to plot a drift around them without hanging up on the strings covering several hundred feet.

The artificial reef system was set up with Federal Aid to Sportfish Funds derived from an excise tax on all sportfishing equipment. It's been almost entirely funded since then by contributions from recreational fishermen and their organizations. For instance, the Greater Point Pleasant Charter Boat Association (GPPCBA) is a major contributor through their annual Mako Mania Tournament. Capt. Pete Grimbilas, of the GPPCBA, noted in a recent letter to Department of Environmental Protection Commissioner Lisa Jackson that he's helped raise more than $100,000 a year for reef building in the Manasquan River area through local sportfishing organizations. The Fisherman magazine has also made large sums available to the program through their events. The state only pays the salaries of those running the program. Yet, the public, which has been doing the funding, is increasingly being pushed off New Jersey's highly productive reefs while New York has protected reefs in state waters from traps.

Though the state builds our reefs, many spread into (or are entirely in) federal waters. That problem has been solved in the south by the Southeast Fishery Management Council, which established artificial reefs as a Special Management Zone prohibiting commercial traps. A similar approach will be required of the Mid-Atlantic Fishery Management Council in our waters. This matter will be brought up at the next State Marine Fisheries Council meeting in hopes that a request will be made to the Mid-Atlantic Council for a Special Management Zone.

Shakespeare and Penn, two of the oldest and most respected names in fishing tackle, are now one. Shakespeare, has announced their takeover of Penn Fishing Tackle, the Philadelphia company that was privately owned for decades and dominated the conventional reel market with famed revolving spool reels ranging from the Squidder to the big game Internationals. In more recent years they added spinning and baitcasting models plus downriggers and other accessories.