Fisheries Management & Legislative Report

WEAKFISH MANAGEMENT BOARD (May 8, 2007)
Press Release

ASMFC Weakfish Board Approves Addendum III
Addendum Revises BRD Requirements

Alexandria, VA – The Commission’s Weakfish Management Board approved Addendum III to Amendment 4 to the Interstate Fishery Management Plan (FMP) for Weakfish. The Addendum modifies Amendment 4’s bycatch reduction device (BRD) requirements for the penaeid shrimp trawl fishery to be consistent with those contained in the South Atlantic Fishery Management Council’s Shrimp Amendment 6.

Throughout its history, the weakfish management program has included management measures to reduce weakfish bycatch mortality in Southeast shrimp trawl fisheries. These requirements have been implemented to aid in the protection of weakfish stocks and complement bycatch reduction requirements in the Council’s Shrimp FMP. In 2004, the Council altered its BRD certification standard from a 40 percent reduction by number of weakfish and Spanish mackerel to a 30 percent reduction by weight of finfish. The Board supported this action for several reasons. The new protocols support an ecosystem approach and will facilitate the certification of new devices to reduce finfish bycatch and retain shrimp catch. Further, weakfish generally react favorably to BRDs and escape from the net as compared to many other finfish species. As such, the 30 percent reduction requirements will likely result in equal protection to weakfish.

The change implemented in Addendum III affects the certification of new BRDs only. All BRDs previously certified through the Council’s BRD certification program continue to be certified for the southern penaeid shrimp trawl fishery. Effective immediately, states will require vessels in this fishery to employ previously certified BRDs or those newly tested and certified to reduce the weight of finfish bycatch by 30 percent. Copies of the Addendum will be available by late May and can be obtained by contacting the Commission at (202) 289-6400 or via the Commission’s website at www.asmfc.org under Breaking News.

ANNUAL AWARDS OF EXCELLENCE (May 8, 2007)

Press Release

ASMFC Presents Annual Awards of Excellence

Alexandria, VA – Mr. Fred Schwab and Colonel Joseph Fessenden were presented the Commission’s Annual Awards of Excellence at its Spring Meeting in Alexandria, Virginia for their contributions to the success of fisheries management along the Atlantic coast. They received awards for their efforts in the categories of scientific, technical and advisory, and law enforcement, respectively. “Every year a great many people contribute to the success of fisheries management along the Atlantic coast. The Commission’s Annual Awards of Excellence recognizes outstanding efforts by professionals who have made a difference in the way we manage and conserve our fisheries,” said ASMFC Chair, George D. Lapointe, of Maine. “Today, we honor several outstanding individuals for their contributions to the management and conservation of Atlantic coast fisheries.”

Scientific, Technical and Advisory
Mr. Fred Schwab, long-standing fisheries conservation advocate and striped bass advisor to the Commission, also received the award for work in the area of scientific, technical and advisory contributions. Mr. Schwab has been an avid supporter of striped bass conservation for over 30 years. He and other Northeast fishermen were instrumental in convincing resource managers and elected officials that the decline in striped bass abundance and the problems associated with overfishing and wasteful fishing practices required a coordinated multi-state conservation program to restore the stock. Their advocacy was pivotal in leading to enactment of the Emergency Striped Bass Study and development of an Interstate Fisheries Management Plan (FMP). As one of the charter members of the Commission's Striped Bass Advisory Committee from 1978 to 1982, he played an important role in the creation of the original Striped Bass Plan. His unstinting advocacy for the resource’s conservation ensured that the plan would include effective conservation measures. Once the FMP was adopted, he worked hard to see it implemented in his home state of New York, personally lobbying his state legislator on the eve of the Assembly debate on the bill. Mr. Schwab rejoined the Commission’s Striped Bass Advisory Panel in 1994 and has served up until this year, consistently advocating for resource conservation. His experience and extraordinary knowledge, coupled with his willingness to listen to all points of view, and his evenhanded treatment of issues and interests, have made him a model AP member and Chair. The Commission's ability to achieve fisheries management success is strongly reliant on the service of extraordinary people like Mr. Schwab, who believe in conservation, are willing to invest their time and energy, and have the ability to carefully listen and to work with other people whose views they may not share. He is one of the heroes of cooperative interstate fisheries management.

SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS MANAGEMENT BOARD (May 9, 2007)
Press Release

ASMFC Summer Flounder, Scup, and Black Sea Bass Board Releases Draft Addendum XIX for Public Comment

Alexandria, VA – The Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board has approved releasing Draft Addendum XIX for public review and comment. The Draft Addendum addresses three programs under the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). These are the black sea bass commercial management strategy for 2008, the summer flounder recreational allocation strategy, and the stock status determination criteria for summer flounder, scup, and black sea bass. Affected states from Massachusetts through North Carolina will be conducting public hearings on the Draft Addendum; the details of those hearings will be released once they become available.

Black Sea Bass Commercial Management Strategy
Since 2003, the black sea bass commercial fishery has been managed through a state-by-state allocation system, with each state allocated a percentage of the coastwide quota. Under this system, states are provided the flexibility to manage their quota for the greatest benefits of their commercial fishing industries, with the goal of ensuring a continuous and steady supply of black sea bass over the fishing season and equitable distribution of black sea bass to fishermen who have traditionally landed black sea bass in the state. This management strategy is set to expire by December 31, 2007. If the strategy is not revised or extended by a new addendum, the system will revert back to the quarterly quota system established by the FMP. Draft Addendum XIX presents options to extend the current management strategy by two years, five years, 10 years, or indefinitely.

Summer Flounder Recreational Allocation Strategy
Currently, summer flounder state recreational allocations are based on the proportion of state landings to coastwide landings reported in 1998. Managers have raised concern that a single year allocation may not be the most effective method to manage the summer flounder recreational fishery. This system also provides states the flexibility to develop state-specific conservation equivalent management measures to achieve the coastwide recreational harvest limit. Draft Addendum XIX considers modifying the present system of conservation equivalency to allow for the formation of alternative state-by-state shares in the recreational fishery.

Stock Status Determination Criteria
Currently, the Board must undertake a new addendum or plan amendment in order to incorporate new stock status determination criteria (i.e., changes to biological reference points) that may result from updated, peer-reviewed science. Since the development and implementation of a new addendum or amendment can take some time (six months in the case of an addendum and 12 to 16 months in the case of an amendment), there can be a considerable lag in the incorporation of the biological reference points in the annual specification setting process for all three species. Draft Addendum XIX proposes allowing the Board and Council to adjust biological reference points during the species’ annual specification setting process in lieu of the more protracted addendum/amendment process currently required. Reference points are used to determine whether or not any of the FMP's stocks are overfished or experiencing overfishing.

Gov. Corzine is trying to link his idea to lease state assets with replenishing the Garden State Preservation Trust Fund — a move some say is attempted blackmail. It's also the wrong place for Corzine to be flexing his gubernatorial muscles. He should back away from his plan to keep a public question on the open space fund off the November ballot.

Instead of bonding to re-fund the trust, as has been done in the past with voter approval, Corzine wants to fund it with proceeds from selling or leasing state assets, such as toll roads or the lottery. He seems to be promising that phantom money to everyone. It sounds like a desperate attempt to sell his unpopular proposal.

The Corzine administration wants to quash legislation that would ask voters in November to replenish and strengthen the trust for 30 years. If placed on the ballot, it would likely be approved. Voters have passed 32 straight public questions on state ballots since 1991. And New Jerseyans have consistently supported preserving open space for recreation and to limit development.

Assemblyman Nicholas Asselta, R-Cumberland, accused the governor of "holding open space and farmland preservation hostage" to asset-monetization, a plan Asselta called "irresponsible."

It's also anti-democratic. A coalition of more than 90 environmental and community organizations have been working diligently to get the trust on the ballot renewed. For Corzine to deny voters a voice and use the veto threat to force his own agenda is an affront to activists and citizens throughout the state.

The Corzine administration hasn't sold asset monetization to the New Jersey voters, who have understandably become wary of budget gimmicks and one-time infusions of cash. Corzine has said the revenue generated by his monetization plan could be used to plug budget holes, pay down state debt, expand health care programs, build schools, provide property tax relief and preserve open space. How thinly would he spread that money? That only makes us more wary of the idea. And what about all the state legislators who undoubtedly will camp outside his door trying to get their pet projects tacked on?

Corzine should respect the environmentalists and others who have fought hard to replenish the Garden State Preservation Trust Fund and make sure it's on the November ballot. If he wants to continue to push his idea to sell or lease state assets, he should do so on its own merits — not by making more popular state programs dependent upon it.

And when he's formulated his plans for monetization or "securitization" — having the Turnpike Authority borrow a huge amount of cash against future tolls — he should give the voters the chance to voice their opinion on that as well.

Posted by the New York Times on 5/19/2007
By Ronald Smothers

TRENTON, May 18 — As a United States senator, and as a governor, Jon S. Corzine has cultivated a reputation in New Jersey as an ally of environmentalists.

From clean water to open space, from regulatory authority to toxic cleanups, his positions have — despite some bumps along the way — struck a responsive chord with advocates for the environment and earned him their support. But this week, two developments left many wondering whether the green aura surrounding him was fading.

First, Mr. Corzine abandoned his support on Monday for a referendum in November on whether to borrow $1.75 billion over the next 30 years to refinance the Garden State Preservation Trust.

Governor Corzine said on Friday that this did not mean he did not support the trust and the state’s purchase of open space and farmland, the largest such effort by any state in the nation. He said it simply meant that he wanted to wait and try to replenish the nearly depleted fund in the next year by selling or leasing assets like the New Jersey Turnpike, other tolls roads or the lottery.

The second issue came about on Thursday, when the governor of Pennsylvania announced that his counterpart in New Jersey was withdrawing his opposition — shared with four governors before him — to the dredging of the 100-mile Delaware River shipping channel in an effort to attract cargo ships and tankers with larger hulls.

Environmentalists have long contended that deepening the shipping channel to 45 feet from 40 feet would stir up toxic sediment, posing a threat to a variety of fish and recovering oyster beds, and would damage the freshwater aquifers that supply drinking water to South Jersey.

Together, the two issues struck a nerve among environmental groups. “Betrayal” was one word that Jeff Tittel, the director of the New Jersey chapter of the Sierra Club, used to describe it. And a coalition of environmental groups accused Mr. Corzine of subjecting an issue on which there had been wide nonpartisan agreement to politics.

At the least, the notion of Mr. Corzine easing his stand on dredging while insisting that he still opposed it — and not allowing voters to decide whether to replenish the trust fund yet, saying he supported it — struck some as contradictory.

“He is straddling,” said Brigid C. Harrison, professor of political science and law at Montclair State University. “That might work with the dredging issue, because perhaps he can hold up some permits. But it doesn’t work with the Garden State Preservation Trust.”

Professor Harrison said the shift in position on the trust fund may have been a political calculation to get supporters of the popular open space effort to see support of the monetization plan as the only way to sustain it. If this was the tactic, she said, it could bring a powerful group to the aid of a monetization plan, which has already been criticized in polls and pounced on by Republicans and Democrats alike.

Viewed another way, Ingrid W. Reed, the director of the Eagleton Institute at Rutgers University, said that Mr. Corzine, in his effort to address the state’s habit of borrowing, was “drawing a line in the sand” with the popular trust fund.

“One of the reasons for monetization is to pay down debt, and the Garden State Preservation Trust as it is now is a way of going into more debt,” Ms. Reed said. “So in one way he is acting responsibly in trying to focus the discussion on a program that a lot of people like. It will get their attention, and it is an educational opportunity.”

As for going along with the dredging of the Delaware, at least for now, Ms. Reed said it was a matter of balancing the requirements of an increasing globalization with environmental concerns.

While some environmentalists seemed ready to abandon their support of Mr. Corzine because of the risks to the trust fund and the Delaware River, others like Tim Dillingham, executive director of the American Littoral Society, were more diplomatic.

Mr. Dillingham said that Mr. Corzine’s position on the trust fund, which he called “disappointing,” and his contention that his opposition to the dredging still stands “does not hold water.” Still, he said, there may not be any long-term political effect.

“I guess the lesson is that nothing is done until it is done,” Mr. Dillingham said.

Ms. Reed suggested that the lesson may be deeper than that. “Corzine seems willing to take some short-term political pain for longer-term gain,” she said. “But that’s what all of our recent state budgets with their deficits have been all about.”