Fisheries Management & Legislative Report

We used to believe there was a break from decision-making during the summer. No more! JCAA and its representatives have been at meetings up and down the East coast throughout the summer dealing with fisheries management and recreational statistics. Tom Siciliano’s report covers his meeting on recreational statistics held in Florida.

There is much debate what to do about Global Warming. Some people are still unwilling to even acknowledge that the problem is man-made. But there is no running away from the fact that endocrine disruptors are having a huge impact on the environment. In this case, fish are like the old canaries sent into the mine. If they are in danger, we’re next. The most recent study that supports our understanding of the magnitude of this problem comes from Jamaica Bay. “Young flounder throughout Jamaica Bay showed biochemical signs of exposure to estrogenic compounds in their environment. High levels of vitellogenin were observed and the young winter flounder also showed signs of female reproductive tissues within the testes of male fish. Altered sex ratios were observed in Jamaica Bay winter flounder with many more females caught than males as compared to the reference site, Shinnecock Bay, NY. Preliminary evidence also indicated that healthy winter flounder embryos exposed to sediment from Jamaica Bay showed delayed development and reduced hatching success” (NY Sea Grant Release). Add this to the small mouth bass in the Potomac River, the white sucker in the Colorado River and the mud guppy from San Francisco and you have much more than an isolated phenomenon. And we wonder why the inshore winter flounder stocks are not rebuilding and the same for summer flounder since they occupy the same area. For those of you who are unfamiliar with this topic (as most of us have been until recently), I have included the following brief explanation from a radio program transcript.

Scientists have identified dozens of human made chemicals that can disrupt an animal's endocrine system -- a group of organs that release chemicals into the body that are important for a wide range of activities -- including growing, managing stress and reproducing. One of the chemicals released by the endocrine system is estrogen. Estrogen helps females develop into adults with the ability to reproduce -- it helps prepare the body for pregnancy -- and is active during pregnancy.

Copyright 2000 - Byrd and Block Communications, Inc.

There are many contributors to this problem including detergents and other household cleaners. When we decided phosphates were harmful to the environment due to the nitrogen loading, we replaced them in detergents and other cleaning agents with surfactants. These chemicals have the same effect as other sources of endocrine blockers.

JCAA has been in the forefront for this discussion and I believe the conversation is only beginning. Since JCAA has many Vietnam Veterans (including myself) who understand the impact of Agent Orange, we have always been particularly alert to the negative impact of chemicals in our environment. Agent Orange had a tremendous impact on reproduction and the health of exposed individuals and also our children. We have always worried about PCBs as well. But now, the focus is shifting to a new concern, endocrine disruptors including Agent Orange (dioxin) and PCBs. The problem is clearly bigger than we anticipated. We are not seeing sexual dysfunctional fish throughout the world. Wherever there are sources of this contamination (sewer plants, agricultural runoff, recharging, and any other chemical discharge spots), we are seeing the effects. As with asbestos, Europe has been taking a more proactive approach, not allowing the use of chemicals or detergents until they are proven safe. In this country, we allow until proven unsafe, a very different and frequently dangerous approach.

EPA is working on an initiative to get safer detergents. State and Federal Legislators are expressing interest in taking action. JCAA is pulling together as much information as possible to educate ourselves and the decision-makers. Scientists know a great deal but often focus on just one area of the problem. Our role will be to gather information, synthesize what we learn and share it with everyone. On the JCAA website you will find articles and studies that are currently available. We will continue to update as quickly as possible. JCAA is first and foremost an environmental organization and our website will now have an environmental area with all of the latest information on a variety of environmental topics. You can help by doing your own research and sharing what you learn with us. As soon as we have information about how we can help as consumers by buying and using appropriate goods, we will post that information as well.

The other problem that will deserve our time and attention is how we limit the impact of the drugs we take. The two issues are the disposal of unused drugs and how we eliminate the impact of the drugs we excrete into the system. There are some pilot projects looking at sewer systems and we will share information as it becomes available.

While I believe Global Warming is a terrible problem that deserves our attention, I believe this problem is a more immediate crisis. And there is no arguing that we caused this problem and we are responsible for the solution. There will not be a quick or cheap fix to this problem. Our lives, and the lives of our children, and our children’s children, depend on finding a solution. The fish may be the first red flag but every living creature will pay the price if we don’t pay attention.

Lisa Jackson, Commissioner of DEP, hosted a meeting of interested groups to discuss the proposed use of 600 subway cars for use for artificial reefs. It is refreshing to have a commissioner who is open-minded on these topics and is clearly looking at the available science in decision-making. We will be waiting for her decision and, since the science supports the use of subway cars, we are hopeful that she will approve the use of the cars. We will keep you posted.

Phil Celmer and I attended a meeting of the Artificial Reef Advisory Committee. We stated our objections to the proposal made by Dave Chanda, Director of Fish and Wildlife, that would limit the months that fish pots could be placed on the artificial reefs. This proposal is not supported by any recreational groups attending the meeting. We realize that recreational anglers fish these reefs 12 months of the year and they should not be competing with fish pots that can basically dominate a reef. The bogus argument proposed by the potters is that they feed people who can’t fish. There are many other ways to provide fish for non-anglers using the rest of the 97% of the ocean. The 1.3 million anglers who want to feed their families should have the use of the artificial reefs exclusive of the pots. Closing the artificial reefs to the pots provides the small boat angler with fishing opportunities for them and their families while excluding a few commercial potters who are looking to make a buck.

At this time the New Jersey Marine Fisheries Council and the Division of Fish and Wildlife are unwilling to remove the pots from the artificial reefs; JCAA will work with NJ Dive Association, RFA and Reef Rescue to push for legislation to resolve this problem. Again, these bills are:

If you see any of your legislators at events, please remind them we want the Hooked on Fishing, Not on Drugs Bill voted on by the full Assembly and voted on by the Senate Environmental Committee. Senator Robert Smith has been promising to post this bill for some time but nothing has happened. This is the year that action is needed on this bill.

JCAA has developed a comment on Oceans 21 Legislation. It is hard to comment on a bill that is in a constant state of change. However, given the information we had to work with, we have developed some general comments to share with interested parties. There is no sense in commenting on every detail of the present bill since so many major changes are anticipated. Our comments are included in the letter below. We will keep an eye on this legislation and keep you informed.

JCAA & New Jersey Federation of Sportsmen's Clubs Letter to Jean Flemma

Sincerely,
Tom Fote 
Legislative Chairman JCAA &New Jersey State Federation of Sportsman's Clubs 

CC
Congressman Jim Saxton.
Congressman Frank Pallone
Congressman Sam Farr
Congressman Rush Holt
                            

Press Contact, Tina Berger 8/9/2007

Port Jefferson, NY - The Commission and the Mid-Atlantic Fishery Management Council (Council) met this week to finalize the total allowable landings (TAL) limits for summer flounder, scup, black sea bass, and bluefish, and to establish 2008 commercial management measures for the respective fisheries. The Commission's actions with regards to summer flounder, scup, black sea bass, and bluefish are final and apply to state waters. The Council will be forwarding its actions as recommendations to NOAA's Northeast Regional Administrator for final approval. The TALs are provided below in millions of pounds.

Species             2007 ASMFC TAL	    2008 TAL  
Black Sea Bass      6.5		            4.22  
Scup                13.5                    7.34  
Summer Flounder     17.1                    15.77  
Bluefish            27.8                    28.2 

The Commission and Council approved a TAL of 15.77 million pounds for the 2008 summer flounder fishery, divided into a 9.46 million pound commercial quota and a 6.31 million pound recreational harvest limit. The approved TAL, which is higher than the range of options recommended by the Monitoring Committee (the scientific advisory body), has a 75% probability of preventing overfishing. However, it does not account for an inherent pattern in the stock assessment model that overestimates biomass and underestimates fishing mortality. The decrease in quota responds to continued overfishing on the summer flounder stock as well as its overfished status. Under the new Magnuson-Stevens Act provisions, summer flounder must be rebuilt by 2013.

The 2008 black sea bass TAL was set at 4.22 million pounds, divided into a 2.07 million pound commercial quota and a 2.15 million pound recreational harvest limit. The approved TAL is consistent with the TAL recommended by the Monitoring Committee; it does represent a 2.28 million pound decrease from last year and responds to the stocks decreased biomass and overfished condition. The black sea bass rebuilding deadline is 2010. No changes were made to minimum sizes, vent sizes, or mesh restrictions.

For scup, the Commission and Council approved a total allowable catch (TAC) of 9.9 million pounds, which includes both a TAL and discard allowance. The TAC is divided into a 5.46 million pound commercial quota and a 1.88 million pound recreational harvest limit. The approved TAC is consistent with that recommended by the Monitoring Committee. The decrease in quota from last year responds to the decrease in both state and federal trawl survey indices and the species overfished status.

For bluefish, the Commission and Council approved a TAC of 31.9 million pounds, which includes both a TAL and discard allowance. The TAC is divided into an 8.9 million pound commercial quota and a 19.2 million pound recreational harvest limit. The approved TAC is consistent with that recommended by the Monitoring Committee. The 2006 stock assessment update indicates that projected stock biomass for the 2008 fishing year is at approximately 99% of its rebuilding target. The stock rebuilding deadline is 2010 and biomass is projected to be at or above the target in 2009.

Press Release, August 14, 2007

ASMFC Summer Flounder, Scup, and Black Sea Bass Board Approves Addendum XIX

Alexandria, VA – The Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board approved Addendum XIX to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). The Addendum extends the current state-by-state black sea bass commercial management strategy indefinitely and maintains the current summer flounder recreational allocation strategy. It also redefines the stock status determination criteria for summer flounder, scup, and black sea bass. 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. This management strategy was set to expire by December 31, 2007. Under Addendum XIX, the state-specific shares remain as follows: Maine and New Hampshire (0.05% each), Connecticut (1%), Delaware (5%), New York (7%), Rhode Island, North Carolina and Maryland (11% each), Massachusetts (13%), and New Jersey, and Virginia (20% each). 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. This provides states the flexibility to develop state-specific conservation equivalent management measures to achieve the coastwide recreational harvest limit. Addendum XIX maintains the present summer flounder recreational state allocation strategy. Stock Status Determination Criteria Addendum XIX allows the Board to adjust biological reference points based on peer reviewed recommendations through Board action in lieu of the more protracted addendum/amendment process currently required Summer Flounder Reference Points. Following the recommendations of the Summer Flounder Assessment and Biological Reference Point Update for 2006, the Board adopted new biological reference points for determining whether summer flounder is overfished or experiencing overfishing. Spawning stock biomass (SSB) will now be used in place of biomass, with the SSB threshold and target limits set at 98.5 million pounds and 197 million pounds, respectively. The Board also approved a fishing mortality rate threshold of 0.28. In other action, the 2007 black sea bass quota and the 2007 Scup Winter II quota and trip limit were revised based on the reinstatement of 18,142 pounds of unused research set-aside quota for the black sea bass fishery and the rollover of 644,155 pounds of scup quota from the Winter I period to the Winter II period, respectively. The new Scup Winter II trip limit is 3,500 pounds per trip.

Press Release, August 15, 2007

ASMFC Tautog Board Approves Addendum V to the FMP
State Reduction Plans Approved

Alexandria, VA – The Commission’s Tautog Management Board approved Addendum V to the Interstate Fishery Management Plan for Tautog. The Addendum modifies the management program contained in Addendum IV by allowing states flexibility to achieve the necessary 25.6 percent reduction in exploitation through adjustments to their recreational and/or commercial fisheries.

Addendum IV, approved in January 2007, required a 25.6 percent reduction in exploitation rate to be taken exclusively from the states’ recreational fisheries. While the recreational sector accounts for approximately 90 percent of tautog harvest coastwide, some states have significant commercial fisheries.

Addendum V allows states to apply the necessary reductions to their recreational fisheries, commercial fisheries, or a combination of both according to each state’s needs.

The Board declined North Carolina’s request to be removed from the management unit based on concern that undersized tautog caught in Virginia could legally be landed in North Carolina if no minimum size law existed. North Carolina concurred and agreed to maintain its 14” minimum size limit and remain in the management program as a de minimis state.

In order to implement the required management measures by January 1, 2008, states submitted reduction proposals for Technical Committee review in July. The Board reviewed the Committee’s recommendations and approved proposals for all states within the tautog management unit (Massachusetts through North Carolina). The Board deferred action on a proposal by New Jersey as well as a joint proposal by Massachusetts and Rhode Island requesting a 12% reduction in their harvest versus the Addendum’s reduction requirement of 25.6 percent. The Board will revisit these proposals in October at the Commission’s Annual Meeting.

By Trish G. Graber the Express-Times

TRENTON - The state is studying methods of removing contaminants that make their way into New Jersey's drinking water, either flushed down the toilet or through human excretion.

Department of Environmental Protection officials said they have found low-level contaminants in drinking water -- from flame retardants to antibiotics, cosmetics and detergent ingredients.

"They're all very low levels, below a part per billion," said Eileen Murphy, DEP's director of the Division of Science, Research and Technology. "Any one of these compounds alone would not pose health concerns ... we don't know what the mixture could do."

The problem is one the U.S. Geological Survey found nationwide.

Murphy said the DEP is currently conducting studies to determine the best methods of treating water to eliminate the compounds. She said the work is being done with the possibility of requiring upgrades to treatment systems.

The state is also considering outreach to pharmaceutical companies to sponsor give-back programs to prevent leftover drugs from being flushed.

Officials are in the process of implementing water systems in Camden and Bergen counties to determine whether they will remove a greater amount of contaminants, mainly organic compounds, according to Murphy.

A state legislator questioned New Jersey's water quality after seeing a 2003 Texas study which found the active ingredient of the anti-depressant Prozac in the muscles, liver and brains of fish. Another survey, by the United States Geological Survey, found traces of pharmaceuticals in 80 percent of 139 tested streams.

Assemblyman Mike Doherty, R-Warren/Hunterdon counties, said the studies posed a concern at a time when "more and more people are using prescription drugs for a vast variety of physical as well as mental ailments."

Tom Fote, legislative chairman for the Jersey Coast Anglers Association, said Doherty's concerns are only "the tip of the iceberg."

Under his own research, Fote found that aquatic life throughout the world is affected by contaminants in the water, which has altered fish in some geographic locations both physically and in their mating behaviors.

He said he has worked on drawing attention to the issue for years.

"People get frustrated because people see a mountain and say 'How do we climb it?'" Fote said.

"If we know it's affecting the fish, then sooner or later it affects us."

Trish Graber is Trenton correspondent for The Express-Times. She can be reached at 609-292-5154.

By Ron MacArthur, Cape Gazette Staff

Starting Jan. 1, 2008, for the first time, anglers and crabbers who drop a line or set a crab pot in Delaware’s saltwater will need a license. The new general resident’s license, which covers fresh and saltwater, will cost $8.50.

There are also new licenses required for tourists and recreational and charter boats (see related box for more information about the fees).

The move to new fees, the first increases in more than 20 years, was made in an effort to boost the sagging Division of Fish and Wildlife budget and to leverage more matching funds for federal money to improve fishing facilities throughout the state.

“This landmark legislation marks the first fishing license increase in Delaware since 1985,” said Division of Fish and Wildlife Fisheries Administrator Roy Miller. “The much-needed revenue generated by these changes enables us to do a great many things benefiting Delaware anglers - including the immediate reinstatement of the Delaware Sport Fishing Tournament, which was reluctantly suspended due to lack of funding last year.”

What has been lost in most of the discussion about the new fees is that a license will also be required to crab (anyone with crab pots as well) and clam in Delaware waters.

James Graybeal, chief of the enforcement section of the Division of Fish and Wildlife, said there is no doubt getting the word out is a high priority. “We know that many will not have licenses, so we are going to have to do some intensive public relations work.”

Education is Key

Judson Bennett of Lewes, who has been fishing in local waters since he was a boy, said it doesn’t bother him to purchase a fishing license. He said he has heard no complaints at the Lewes Yacht Club marina where he keeps his boat.

“I pay to fish in Florida, so I have no problem paying here,” he said. “It will bring in more needed revenue for the state for more marine police and more facilities.

“I know there will probably be some squawking, but the state needs the revenue. Hopefully the money will be used wisely.”

Butch Evans, owner of Old Inlet Bait and Tackle in Rehoboth Beach, said the general fishing license could have been enacted several years ago with a little more education of the public.

“I’m in favor of it; it’s necessary,” he said. “If for nothing else, we will need the data because of restrictions going into place by the federal government.”

Evans said once you explain the reasons the additional money is needed, most people understand. “I don’t think anyone has a problem with protecting resources.

And once you educate people, they are very receptive to the idea. They should pay their part,” he said.

The new licenses will be sold at shops like Old Inlet throughout the Cape Region.

Support of DMS

Acie Mankins, president of DMS, said the association was approached with the proposal two years ago. “But, we had concerns,” he said.

Some concessions were worked out and the association became a supporter of the bill. Mankins said two of the key concessions included a reduction in the cost of boat fishing licenses and changes in the regulations involving surf-fishing vehicles.

“We were also concerned that most of the money that is to be generated will come from Sussex County, and we hoped it stayed down here,” he said. “And we wanted the money not for the general fund but to help the fisheries.”

Mankins said it took a lot of discussion, but assurances were made that Sussex County would get its fair share of money, and by law, all funds generated by the new licenses must stay within the Division of Fish and Wildlife.

“We realized this was going to help the fisheries in the state so we couldn’t hold it back,” he said.

“If we have to pay for a license, we want the money to be spent in Delaware on fishing-related projects,” said Austin Sutch, secretary of DMS and an avid surf fisherman since 1946.

Sutch said federal registration of all saltwater anglers in the country is pending anyway within the next two to three years under the Magnuson-Stevens Act, signed in 2006 by President George Bush.

Under state and federal law, all fishing-license revenue must be dedicated to the Division of Fish and Wildlife for fishing-related projects and cannot be diverted for other uses, Miller said.

The new law also creates the Council on Recreational Fishing Funding, with seven voting members to be appointed by Gov. Ruth Ann Minner, to advise the division on spending of recreational fishing license funds. The council, which will also have three nonvoting members (two from the General Assembly and one from the division), will meet at least once a year.

The new licenses will be available at licensing agents in December and can be purchased online in November. For more information or to obtain a fishing license, call 302-739-9914, 9911, or 9918.