Fisheries Management & Legislative Report
by Tom Fote
(from Jersey Coast Anglers Association June 2010 Newsletter)
Contents:
Oil Spill Confirms our Worst Fears
Two years ago, when President Bush proposed opening up the east coast for oil drilling, JCAA restated our long-standing opposition to this action. JCAA and I were criticized by certain members of the outdoor press for our anti-oil, anti-Republican stand. Last month, we restated our opposition when President Obama made a similar proposal to open certain areas of the east coast to oil and gas exploration. I was surprised we weren’t criticized for being anti-Democrat. The decision to drill or not drill is not a Democratic or Republican issue. It is, in our mind, an environmental issue which crosses all party boundaries. In New Jersey, most politicians, both Democrats and Republicans, quickly condemned the proposal. The “drill baby drill” contingent were quick to jump on President Obama’s bandwagon no matter what their party affiliation. None of us have ever wished to be vindicated by the nightmare scenario that is happening in the Gulf. We would have gladly continued this fight over “what ifs” rather than have this disaster as a way to support our claims. The supporters of drilling who have been critical of JCAA’s position always argued that new drilling techniques would make this type of spill impossible. Now we have an ecological disaster in the Gulf. The dispersant agents being used may create another set of problems. What we see on top of the water is just the tip of the problem and we have no idea of the long-term consequences of this disaster. We do know that the long-term consequences in Alaska are only now being realized. Hopefully, this has convinced those in power and those who have been focused on the short-term rewards of drilling to rethink their position. We can find other ways to become energy independent. These ways will require investment and sacrifice. But we have no alternative. Bruce Freeman, who was part of New Jersey’s oil spill reaction team for over 20 years, is writing about the technical problems of clean-up and the problems with dispersants. JCAA is calling for other fishing organizations to sign on to a letter to all of our elected officials demanding a moratorium on east coast drilling for oil or natural gas. The industry has proven that they can’t control the damage that these accidents cause. They should not be allowed to risk the fisheries, tourism and industries along the coast that depend on clean water, a clean environment and abundant fish. JCAA will be contacting other organizations for their signatures.
Wave Turbines In The Manasquan River
Although JCAA supports renewable energy projects, there is a right and a wrong way to go about this. Placing wave turbines in the Manasquan River is clearly an example of a wrong way. The article included gives some of the important details. However, the article fails to recognize the negative environmental impact. JCAA is wondering if an environmental impact study was done and what DEP permits were issued. The areas proposed for these turbines are nursery areas for black sea bass and other species. They are also prime fishing and diving locations. In other studies, there have been questions raised about the amount of fish kills produced by these turbines. Without more information, JCAA cannot support the installation of these turbines. We will be asking the DEP Commissioner to review the process.
I think the most upsetting part of this entire process is the use of the increase in our boat registration fees to pay for the installation of these turbines while the electricity generated will be used mainly for a financial institution located at the site. The former marina has few slips and has shut down public and fishing access. When Governor McGreevey raised the boat registration fees, legislators provided a sunset provision that would earmark this money for boaters after the initial two years. This created I-Boat New Jersey, a program managed by the Department of Transportation. This wasn’t intended to provide financial support for banks and other financial institutions. Those institutions should be going to BPU to fund their energy projects. These institutions could consider solar panels for their sustainable energy needs without creating any type of environment problem or denying fishing access. I-Boat New Jersey should be used solely for the enhancement of boating, not special projects to benefit other segments of the economy. If this is not happening, our boat registration fee should return to pre-McGreevey fees. You can go to the link below for more information. Please contact your legislators and let them know how you feel. www.state.nj.us/transportation/airwater/maritime/marine_trades_IBOAT.shtm
ASMFC Week Report
Striped Bass
In last month’s newspaper, I discussed the vote to start preparing an addendum to increase the commercial coastal striped bass fishery. The vote was very close at that time. As you can see in the meeting summary below, the Striped Bass Board voted for the staff to proceed with the addendum. The information on the votes is below. It surprised me that Connecticut, a state that considers striped bass a gamefish, supported the addendum. It also surprised me that Maryland, Washington, DC and Potomac River, that have expressed their concerns about the Chesapeake Bay stock and disease, also supported the addendum. It also surprised me that the US Fish and Wildlife Service voted to support the addendum when the National Marine Fisheries Service went on the record in opposition. NMFS stated that their concerns about the Chesapeake Bay stock showed this was the wrong time for an increase. The public hearings will be sometime in late June or early July. It will be up to anglers in other states to pressure their state directors and commissioners not to vote for the increase. There is also a measure in this addendum to transfer recreational quota to commercial fisheries. Since we don’t have a state by state striped bass quota, I can’t see how this would happen. But commissioners voted to move forward with this proposal.
The other thing that was voted on at the Striped Bass Board was a proposal by the NJ Division of Fish and Wildlife to allow for different management measures on striped bass. This would allow an angler to have in his possession one fish at 24 inches and a second fish over 32 inches. It would allow you to keep 2 fish at 28 inches if you didn’t want to keep a smaller fish. This motion was passed. One of my fellow commissioners asked me if this would happen in New Jersey. My experience is that if you have 8 striped bass anglers in a room you have 8 different opinions. Since this is not a crisis or a compliance issue and legislation would be required, I find it difficult to imagine this will happen. It would take a majority of the organizations that fish for striped bass to be in agreement.
Black Sea Bass
There was some good news at the Black Sea Bass Board Meeting. We finally got an estimate of wave 5 and 6 data that showed we did not need a 44% reduction. The reduction necessary is 21%. Since the beginning of the season was already set, the option was allowing for a longer season. It was decided to allow for a November 1 to December 31 winter season. This would still be conservative since it estimated a 26% reduction. The Atlantic States Marine Fisheries Commission passed this motion. The federal rules are currently in the federal registry and the comment period closes on May 27th. JCAA will be writing a comment asking for the NMFS to implement the same regulations in federal waters. Please make the same request. It would be advantageous to have the same regulations in both state and federal waters. The seasons are May 22 –October 11 and November 1 to December 31. There will also be a 12.5 inch minimum size and a 25 fish bag limit.
Here is how to submit your comments on black sea bass to NMFS and link to the notice www.nero.noaa.gov/nero/regs/frdoc/10/10sfsbsbrecspecsPR.pdf.
SUMMARY: NMFS proposes management measures for the 2010 summer flounder, scup, and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources. DATES: Comments must be received by 5 p.m. local time, on May 27, 2010. ADDRESSES: You may submit comments, identified by 0648–AY04, by any one of the following methods:
Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal www.regulations.gov
Fax: (978) 281–9135
Attn: Comments on 2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures, 0648–AY04
Mail and hand delivery:
Patricia A. Kurkul,
Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope: “Comments on 2010 Summer Flounder, Scup, and Black Sea Bass Recreational Measures, 0648–AY04”
Omnibus Amendment Comments
After the first night of the ASMFC meeting, the Mid-Atlantic Fishery Management Council conducted a public hearing on the Omnibus Amendment. I skipped dinner and sat through the 3 hour presentation. This is one of the scariest documents I have seen in a long time. It further complicates the management process since the Mid-Atlantic Fishery Management Council is making its own interpretation of the new Magnusson Stevens Act. This interpretation is different than that of the New England Fishery Management Council and South Atlantic Fishery Management Council. An important component of fisheries management is consistency throughout a region. A commercial fisherman or recreational anglers who fishes from Maine to Florida should be able to expect consistent management tools throughout the coast. This is not the way it is currently perceived by the Councils. Every Federal Fishery Management Council is setting up its own rules. Twenty years ago, I would read a document word for word and identify small changes I thought would make a difference or identify inconsistencies I thought we should address. When I looked at this document I realized that we were setting up a management regime built on a house of cards doomed to fall. This document will simply cause great pain for no gain. There will be great financial hardship for both the commercial and recreational fishing communities. I used to say, “Garbage In, Garbage Out.” Someone pointed out the appropriate expression is, “Garbage In, Gospel Out.” Since NMFS is at the top of Mount Ararat, the expression should read, “Garbage In, Gospel Out According to NMFS.” By the time you read this newspaper, JCAA will have submitted our written comments which are included elsewhere in this newspaper.
ASMFC Summer Flounder, Scup and Black
Sea Bass Board Expands Recreational Black Sea Bass Season
Alexandria, VA – The Commission’s Summer Flounder, Scup and Black Sea Bass Management Board has modified the 2010 season length for the black sea bass recreational fishery. The season will now run from May 22 to October 11, 2010 and from November 1 to December 31, 2010.
The season represents an extension from what was originally planned. When the original season was developed, the Board only had 2009 harvest estimates for January through June. Harvest estimates for July through December 2009 were projected using previous years’ data to calculate a total harvest estimate. Based on these preliminary projections, the original season was developed with the intent of reducing recreational harvest by 44% from 2009 levels. Final 2009 harvest estimates were made available at the end of April. The estimate indicates that harvest is less than previously projected and only a 21.4% reduction is required for the 2010 recreational season. The newly approved season is anticipated to achieve a 26% reduction and allows for a reasonable conservation buffer to account for uncertainty in the harvest estimates and the effectiveness of regulations. The season was further expanded into November and December to allow for increased access by party/charter boats and private boat/shore-based anglers that did not have a late fall/early winter season last year.
For more information, please contact Toni Kerns, Senior Fishery Management Plan Coordinator for Management, at tkerns@asmfc.org or (202) 289-6400.
Meeting Summary: The Summer Flounder, Scup, and Black Sea Bass Board reviewed the Mid-Atlantic Fishery Management Council’s draft Omnibus Amendment, which proposes options that will impact the Commission FMP and management of the three species. The Omnibus proposes a framework for annual catch limits and accountability measures. The Council is holding public hearings in the month of May in Virginia, New Jersey and New York. For meeting details see www.mafmc.org/comments/comments.htm.
For more information, please contact Toni Kerns, Senior Fishery Management Plan Coordinator for Management, at (202) 289-6400 or tkerns@asmfc.org.
Motions:
Motion to amend the Commission recreational BSB season to be open from May 22 –October 11 and November 1 to December 31 (26% reduction).
Motion made by Mr. Travelstead, second by Mr. Augustine. Motion carries (9 in favor, 2 abstentions).
ASMFC Striped Bass Board Approves Draft Addendum II for Public Comment
Alexandria, VA – The Commission’s Atlantic Striped Bass Management Board has approved Draft Addendum II to Amendment 6 to the Interstate Fishery Management Plan for Atlantic Striped Bass for public comment. The Draft Addendum proposes two changes to the striped bass management program: (1) an increase in the coastal commercial quota, and (2) revising the definition of recruitment failure based on Technical Committee advice. The proposal to increase the coastal commercial quota is intended to improve equality between the commercial and recreational fishery sectors. Although Amendment 6 established management programs for both fisheries based on the same target fishing mortality rate, the implementation of state-specific quotas for coastal commercial harvest (and not for recreational harvest) has prevented the commercial and recreational fisheries from responding equally to changes in striped bass population size. Since 2004, coastal commercial harvest has decreased by 3.6 percent, while recreational harvest has increased by 13.7 percent. Under the option, the Board would select a percent increase to be applied to the coastal commercial allocations assigned in Amendment 6.
The Management Board voted to include a second issue in the Draft Addendum based on information presented at the meeting. As part of its review of the juvenile abundance indices, the Striped Bass Technical Committee recommended to the Management Board a revision to how striped bass recruitment failure is defined. Juvenile abundance indices are an important component of the striped bass monitoring program and are used to determine periods of recruitment failure which can trigger management action under Amendment 6. Adopting the proposed recommendation would result in a fixed value to determine recruitment failure in each surveyed area rather than a value that changes from year to year. Use of either the Amendment 6 definition or the Technical Committee recommendation for recruitment failure does not result in any necessary changes to the current management program. It is anticipated that the majority of states will be conducting public hearings on the Draft Addendum. A press release will be issued once the details of the hearings have been finalized and the Draft Addendum is available for public comment. For more information, please contact Nichola Meserve, Fishery Management Plan Coordinator at (202) 289-6400 or nmeserve@asmfc.org.
Meeting Summary: The Atlantic Striped Bass Management Board met to consider a proposal for alternative recreational management from New Jersey, review a Technical Committee report on the juvenile abundance indices, consider approval of Draft Addendum II for public comment, review a progress report on estimating striped bass poaching, and approve several committee nominations. New Jersey submitted a proposal to implement the following recreational regulations: a two fish creel limit, with a minimum size limit of 24 inches for one fish and a minimum size limit of 32 inches for the other fish. The Technical Committee deemed the proposed regulations to be conservationally equivalent (in terms of the effect on the stock’s spawning potential) to the Amendment 6 standard of a two fish creel limit and 28 inch minimum size for both fish. The Advisory Panel members were mostly supportive of the proposal, but did not reach a consensus agreement. The Law Enforcement Committee indicated the proposed regulations were enforceable. The Management Board approved the proposal with the requirement that the Technical Committee reevaluate whether the alternative measures are still conservationally equivalent three years following implementation. This review will be in addition to the one year review that the Plan Review Team regularly undertakes of any alternative management measures implemented. As part of the discussion, the Management Board also tasked the Technical Committee to review and consider updating the method(s) for determining conservationally equivalent management measures.
With some modifications, the Management Board approved Draft Addendum II for public comment. See the above press release for additional information. As part of the discussion, the Management Board tasked the Technical Committee with providing advice on how conservation equivalency proposals including an exchange between the recreational and commercial fisheries could potentially occur and be analyzed.
Main Motion:
Move to accept New Jersey’s recreational striped bass proposal for one fish at 24” or greater and a second fish at 32” or greater which has been approved by the Striped Bass Technical Committee as being conservationally equivalent to the management plan standard of 2 fish at 28” or greater.
Motion made by Mr. McCloy, second by Dr. Daniel. Motion amended.
Motion to Amend:
Main Motion as Amended:
Move to accept New Jersey’s recreational striped bass proposal for the possession limit of a one fish at 24” or greater and a second fish at 32” or greater which has been approved by the Striped Bass Technical Committee as being conservationally equivalent to the management plan standard of 2 fish at 28” or greater. Conservation equivalency will be re-evaluated 3 years after implementation.
Motion made by Mr. McCloy, second by Dr. Daniel. Motion carries (15 in favor, 1 opposed).
Motion made by Mr. Augustine, second by Mr. Johnson. Motion carries (Roll Call Vote:
In favor – RI, CT, NY, DE, MD, DC, PRFC, VA, NC, USFWS; Opposed
– ME, NH, MA, NJ, PA, NMFS).
Electric Turbine Project set for Manasquan River in May - Will be able to Generate Enough Power for about 20 Homes
by David P. Willis, Business Writer, 4/20/2010
POINT PLEASANT BEACH — Two underwater turbines at Will’s Hole Marina will soon start to capture a force of nature — the tide — on the Manasquan River and convert it to electricity.
In May, Natural Currents Energy Services LLC will install the turbines at Will’s Hole, a marina just off the Route 35 bridge over the Manasquan, behind Kingsbridge Financial Group.
Called the Red Hawk Tidal Energy Project, the turbines will generate 40 kilowatts of electricity, enough to power about 20 homes, said Roger Bason, president of Natural Currents, which is based in Highland, N.Y.
The project, which will power about 50 percent to 60 percent of the electric needs at the Kingsbridge Financial Group building and the marina, is a first o f its kind for New Jersey, Bason said. The project is expected to be completed by the end of the year.
“We have all seen the movements of the tides and in some cases it is quite strong,” Bason said. “People have wondered, “Why can’t we tap that for electric power?’ “The idea of using the tides for power has received a boost as computers and new material for turbines have enabled machines to capture the tide’s lateral movements. “We now have turbines that . . . whatever way the water is moving, the turbines spin in the same direction,” Bason said.
Will’s Hill is an ideal location. There is a “tremendous tidal flow,” said Bill Damora, co-owner of the marina and Kingsbridge Financial Group Inc. The nearby railroad bridge also acts as a funnel.
Damora has long had an interest in green power. “Every day I see this tide flowing every six and a half hours in and out,” he said. “The sun doesn’t always shine, the wind doesn’t always blow, but the tide always moves.”
The project will cost about $408,100, with $371,000 funded through a grant by I Boat New Jersey, a program managed by the state Department of Transportation. Will’s Hole and Natural Currents Energy provided about $37,100, the 10 percent in matching funds.
James Pacilio, co-owner at Will’s Hole and Kingsbridge Financial Group, estimated it would take about three to five years to recoup the costs through energy savings. He’s hopeful it could take even less time.
“These things have capabilities that really will far surpass that,” Pacilio said. Excess electricity that is generated will be sold to Jersey Central Power & Light.
The turbines will be installed under a dock that will be built near some old pilings at the marina, Bason said. “The waterway looks the same before and after the installation.”
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