Fisheries Management & Legislative Report

I received a few emails asking why JCAA was against posting a federal registry or a saltwater fishing license bill at this time. One email suggested we would have to pay $35 for a Federal registry in 2009 if NJ doesn’t act now. For a complete copy of the Magnusson/Stevens Fisheries Conservation Act, email me and I will send it as a PDF file. Here is the email I sent in response to this false information.

I do not know where you got your information but you have received some misinformation and do not have the facts straight. It states in the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 on page 95:

I will bring copies of this report to the JCAA monthly meeting. I will also bring my recent Comcast interview on this topic.

The program, which shall not require a fee before January 1, 2011, shall provide for—
(A) the registration (including identification and contact information) of individuals who engage in recreational fishing—
(i) in the Exclusive Economic Zone;
(ii) for anadromous species; or
(iii) for Continental Shelf fishery re sources beyond the Exclusive Economic Zone; and
(B) if appropriate, the registration (including the ownership, operator, and identification of the vessel) of vessels used in such fishing.

When the Federal Registry goes in place sometime in 2009 there will be no charge. The law clearly states that the Federal Governor may not charge before 2011. In 2009 and 2010 the Federal Registry is free and it does not say they have to charge in 2011. So we have until at least January of 2011 to get something in place. We are not even sure what the Federal Government will put in place in 2009 since they are still working on it and they have not done any of the requirements of the 2006 M/S Act on time. Over 2 years is plenty of time to make sure we get things right and address all the issues.

For example, Delaware already has a saltwater license and New York is talking about doing one next year. Do we want to put something in place so we can get a reciprocal agreement with these two states? There are many of us who fish in Delaware Bay, Raritan Bay and New York bight that will be required to buy one of those states’ licenses if we do not have an acceptable alternative. Those are the type of things that need to be discussed by the people who are going to be affected by this requirement.

There are many groups and people in this state who have different positions and ideas on what should be done and they all need to be heard. This is why I am hoping for a task force made up of recreational fishing groups, members of the recreational fishing industry, legislators and the Governor’s office. This task force would be charged with resolving all the issues and coming up with an acceptable solution. JCAA does not panic when there is plenty of time to get it right. I have included the final version of the Magnusson/Stevens Fisheries Conservation Act for your information. If you have any questions, please let me know.

Page 95
H.R. 5946 Amdt.
1 TITLE II—INFORMATION AND
2 RESEARCH
3 SEC. 201. RECREATIONAL FISHERIES INFORMATION
4 Section 401 (16 U.S.C. 1881) is amended by striking
5 subsection (g) and inserting the following:
6 (g) RECREATIONAL FISHERIES.—
7 (1) FEDERAL PROGRAM.—The Secretary shall establish and implement a regionally based registry program for recreational fishermen in each of the fishery management regions. The program, which shall not require a fee before January 1, 2011, shall provide for—
(A) the registration (including identification and contact information) of individuals who engage in recreational fishing—
(i) in the Exclusive Economic Zone;
(ii) for anadromous species; or
(iii) for Continental Shelf fishery resources beyond the Exclusive Economic Zone; and
(B) if appropriate, the registration (including the ownership, operator, and identification of the vessel) of vessels used in such fishing.

Page 96
H.R. 5946 Amdt.
1 (2) STATE PROGRAMS.—The Secretary shall exempt from registration under the program recreational fishermen and charter fishing vessels licensed, permitted, or registered under the laws of a State if the Secretary determines that information from the State program is suitable for the Secretary’s use or is used to assist in completing marine recreational fisheries statistical surveys, or evaluating the effects of proposed conservation and management measures for marine recreational fisheries.
11 (3) DATA COLLECTION.—
12 (A) IMPROVEMENT OF THE MARINE RECREATIONAL FISHERY STATISTICS SURVEY.—
Within 24 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary, in consultation with representatives of the recreational fishing industry and experts in statistics, technology, and other appropriate fields, shall establish a program to improve the quality and accuracy of information generated by the Marine Recreational Fishery Statistics Survey, with a goal of achieving acceptable accuracy and utility for each individual fishery.

Page 97
H.R. 5946 Amdt.
1 (B) NRC REPORT RECOMMENDATIONS.—
2 The program shall take into consideration and, to the extent feasible, implement the recommendations of the National Research Council in its report Review of Recreational Fisheries Survey Methods (2006), including—
(i) redesigning the Survey to improve the effectiveness and appropriateness of sampling and estimation procedures, its applicability to various kinds of management decisions, and its usefulness for social and economic analyses; and
(ii) providing for ongoing technical evaluation and modification as needed to meet emerging management needs.
(C) METHODOLOGY.—Unless the Secretary determines.....

The Councils and the ASMFC were looking for ways to fund research that is outside the box. They wanted a system in place where recreational and commercial fishermen and universities could fund important research that could not be funded otherwise. They came up with the idea of a research set-aside. This would take up to 3% of the fisheries quota and use those fish for scientific research. This helped fund the side-by-side trawl surveys, gear modification, some recreational statistics and many other projects. This was a success in funding projects typically unfunded that would benefit the fishing community. As usual, the bureaucracy at NMFS has corrupted the system. When they can’t get funds to do the research required by their Federal mandate, they are seeing the set-aside funds as easy pickings. They are doing NEAMAP using these funds and that was not the original intent of the program. NEAMAP stands for Northeast Area Monitoring and Assessment Program (NEAMAP). Remember, this 3% comes from the recreational and commercial quota. We give up millions of pounds of fish so that this research can be done. We should not be using our quota to support work already mandated for NMFS. Redirecting that money for their pet projects is obscene. I am calling on the Federal Councils and ASMFC to refuse to do set-asides until this problem is corrected. This is another example of why commercial and recreational fishermen have absolutely no trust in NMFS and the states in the way they handles things like this. This only reaffirms the concern about the funds that will be generated by a saltwater license. Good intentions don’t hold up against NMFS and the states’ continued money grabs.

The New Jersey Legislature is back in session. There are many bills that need to be moved through the NJ Legislature in the next few months. Among the bills are Hooked on Fishing Not on Drugs and Pots Off the Reef. At the Federal level we need to keep an eye on the lame duck session to make sure there are no surprises. We will be coordinating our State and Federal efforts with other NJ groups.

We also need to focus on both the Federal and State budgets for fisheries and environmental issues. Both levels will have budgets that are very short on funds and we need to keep a watchful eye.

Summer flounder were an allowable catch during the Governor’s Surf Fishing Tournament even though the season was closed. This was done using the research set-aside. For some reason, a couple of people took offense. The letter below is in response to a letter sent to Governor Corzine and ASMFC and the Mid-Atlantic Marine Fisheries Council. I was not planning to make this letter public except the original author decided to expand his point of view in the newspapers. I was hoping for a personal response and a correction of the false information. Since none was forthcoming and the articles based on his letter are appearing in the newspaper, I felt it was important to publish our initial reply. Remember, this decision was made by our 3 commissioners to ASMFC at the urging of New Jersey. This was for research purposes. JCAA supports this research as we did last year when certain party and charter boats were allowed to keep 14 inch summer flounder for another research study using the same research set asides.

Sincerely,
Thomas Fote Legislative Chairman

Within the past 3 years, we lost four giants and friends to recreational fishing. Al Goetze, Bill Perry, Keith Walters and Clay Gooch shared many common interests, a love of fishing, a protection on the environment and their passion for striped bass. Keith Walters passed away in the beginning of October. In speaking with Denise Reilly, Bill Perry’s daughter, I learned about the loss of all four.

When I first started going to Mid-Atlantic Fisheries Management Council meetings in the mid 80’s, I met a few conservation-minded recreational anglers. One I held in the highest regard was Al Goetze. At the time, Al was pushing for the establishment of a habitat committee. Earlier than many others, Al made the connection between clean water, habitat and fish. Along with other Council members, he continued to work to make the habitat committee a reality. When I became the Governor’s Appointee to ASMFC in 1990, Al Goetze was the Governor’s Appointee from Maryland. We became even closer friends as we worked to open up the process to all of the citizens. But his real passion was the establishment of the habitat committee for ASMFC. Al and I worked in those early years until this became a reality. Bringing in the Federal and State agencies (EPA, Army Corp of Engineers and others) that controlled habitat issues was one of our first accomplishments. His other passion was striped bass. He wanted to see striped bass made a game fish along the entire coast. He introduced me to his friends who shared his passion for striped bass and their protection. The Fearsome Foursome were Al, Keith Walters, Clay Gooch and Bill Perry.

Keith Walters was a photographer, writer and outdoor columnist for The Star Democrat. He also wrote Chesapeake Boogaloo, Catching Striped Bass and Chesapeake Stripers. I would see Keith at many of the meetings concerning striped bass management in the late 80’s and early 90’s. His endless passion for the Chesapeake and the striped bass that resided there made him a successful advocate and strong voice at meetings. He was involved with the Maryland Sportfishing Association and helped start the Maryland CCA with his buddies Al, Clay and Bill. Until his death, he served on the board of Stripers Forever. He was also a decorated Korean War veteran.

I met Clay Gooch and Bill Perry when they decided to invite the New kid (me) to lunch in 1994. They wanted to discuss striped bass and the environment and did I ever learn a lot! I learned that Bill and Al were both veterans of the Battle of the Bulge in WWII. Bill was an outdoor writer for the Star Democrat and director of the DNR Maryland Sportfishing Tournament. Bill’s many columns stressed the importance of striped bass conservation and the protection of the waters of the Chesapeake Bay.

Clay was a retired businessman and was the first chairman of the Maryland CCA. He put his time and money into his passion for fishing and protecting the fish for the next generation.

I was the kid when we became friends. I respected them as mentors. They shared their knowledge without reservation and welcomed me to the fight. They left their egos at home, never worried about the credit and just focused on the getting the job done. Al is the perfect example. He was passionate about the habitat committee for ASMFC. I wanted Al to be our first chairman but he insisted I take the job.

At this point in my life, I’m looking for the next “new kids”. They set the standard for mentoring the next generation. We need to live up to their ideals.

It is interesting that Millstone Nuclear Power Complex plans to meet their responsibility to fisheries and habitat by installing cooling towers. When are the officials from Oyster Creek going to acknowledge their responsibilities and make cooling towers a reality? We are hoping Governor Corzine and DEP Commissioner Jackson hold firm with the cooling tower requirement for the re-licensing.

Associated Press, 9/30/2008

State officials and environmental groups have reached an agreement with the Millstone nuclear power complex to expedite plans aimed at reducing the facility's effect on Long Island Sound.

Virginia-based Dominion, Millstone's owner, agreed Monday to immediately begin studying technologies and measures that would better protect fish and other sea creatures from Millstone's water-based system for cooling its reactors.

Millstone now pumps more than 2 billion gallons a water a day from Long Island Sound to cool the reactors at it two operating reactors. Environmental activists say the process kills billions of fish and other marine life.

Dominion has been working to renew its state permit to use water from the sound, which is used to cool steam from the turbines that generate electricity. The study is part of the permit process.

Millstone officials will accelerate the timetable of the study, which is now due in January 2012, according to the agreement submitted to a hearing officer with the state Department of Environmental Protection.

"What would have likely taken over 15 years is now a three-year process," said Roger Reynolds, senior staff attorney for Connecticut Fund for the Environment.

"By avoiding a protracted court battle, we can spend resources on moving toward an updated cooling system that will protect the ecosystem, instead of on attorneys' fees and further delay," he said.

Connecticut Fund for the Environment and Soundkeeper Inc. were parties to the agreement with Millstone and the state.

One of the options being discussed is a "closed cycle" system that would recirculate seawater within the plants instead of drawing it continuously from the sound.

A federal appeals court ruled in November that power plants, including nuclear facilities, must use the best technology available to avoid harming aquatic life.

Connecticut Fund for the Environment, Soundkeeper and the Connecticut Coalition Against Millstone intervened in Millstone's permit process and alleged that the DEP is violating the Federal Clean Water Act by failing to require a closed-cycle cooling system.

The DEP is delaying a final decision on the permit renewal pending further study of environmental issues.

Dominion and Millstone's previous owner have twice concluded that the closed-cycle technology is feasible, but did not look into specifics about using it at Millstone.

Reynolds said one of the goals is to determine what kind of closed system would be the most feasible and affordable. But Dominion disputes that.

Dominion spokesman Pete Hyde said the company trying to determine what would be the best way to protect aquatic life and operate the station safely.