Fisheries Management & Legislative Report

I was hoping to run part 2 of the summer flounder history, reprinting JCAA articles from 2006 to the present. However, there are more articles than I can include this month. I am including from January 2006 to February 2007. The next installment of articles will be in next month’s newspaper. If you would like to receive all of the articles in one document, I can email them to you.

I have gotten interesting responses to this history. Some of the environmental groups have selective memory and their releases include only the facts that support their position. These articles have a helpful reminder that there is much information to consider in developing a position on summer flounder. This has given JCAA a good tool to use to point out their omissions or distortions of the facts. One group in particular uses information from the late 90’s to explain the problems with summer flounder without looking at the data across a longer time period. Once we take that look, their position is recognized as foolishness.

Bruce Freeman and I are preparing articles as a summary after the final installment is printed.

The ASMFC has a busy agenda for February 6–9. The agenda is below. Please go to the ASMFC website for information and the specific board documents and any changes to the agenda. I will be in attendance representing Governor Christie.

ASMFC Winter Meeting, February 6-9, 2012
Crowne Plaza Hotel Old Town
901 North Fairfax Street
Alexandria, Virginia

February 6, 2012
1:00 - 5:00 PM Legislators and Governors' Appointee Workshop with Blank Rome

February 7, 2012
8:30 - 10:30 AM American Lobster Management Board
10:45 AM - 12:45 PM Shad & River Herring Management Board
2:00 - 4:00 PM Atlantic Herring Section
4:15 - 5:45 PM Atlantic Striped Bass Management Board

February 8, 2012
8:30 - 9:15 AM Bluefish Management Board
9:30 - 11:30 AM Atlantic Menhaden Management Board
11:45 AM - 12:45 PM Summer Flounder, Scup, and Black Sea Bass Management Board
2:00 - 5:00 PM Interstate Fisheries Management Program (ISFMP) Policy Board
5:15 - 6:15 PM Tautog Management Board

February 9, 2012
8:30 - 10:00 AM Horseshoe Crab Management Board
10:15 - 11:15 AM Weakfish Management Board
11:30 AM – 12:30 PM South Atlantic State/Federal Fisheries Management Board
1:00 - 3:30 PM Spiny Dogfish & Coastal Sharks Management Board
3:45 PM - 4:15 PM ISFMP Policy Board (continued)
4:15 - 4:45 PM Business Session

Below is a list of bills that were introduced in the New Jersey Legislature on January 10, 2012, the first session day. These are bills that were not completed in the previous session and needed to be reintroduced. As you can see Pots Off the Reefs was reintroduced in the Assembly and already has 44 co-sponsors. I understand many of you invested much time and energy on this legislation and others in the last session. Now our work begins anew. Legislation is always a long term project. Rather than getting discouraged, we need to recommit to do the work that passing legislation requires. JCAA will be meeting with other groups to develop a legislative agenda for this session. In future newspapers, we will let you know when to write to and call your legislators. You can begin by letting your legislators know that you support Pots Off the Reefs. You can find sample letters in previous JCAA Newspapers posted on our website. You need to write Governor Christie, Speaker Oliver, Senate President Sweeney and your local legislators. The best way to keep informed it by signing up for JCAA alerts. Just go to our webpage and click subscribe. Directions are included in this newspaper.

A1343 Prohibits the use of certain fishing gear on artificial reefs.
Agriculture and Natural Resources

44 co-sponsors
Last Session Bill Number: A1152 S221

Rible, David P. as Primary Sponsor
Angelini, Mary Pat as Primary Sponsor
Co-Sponsors
Wolfe, David W.-- Patrick J., Jr.
McHose, Alison Littell--Greenwald, Louis D.
Rumana, Scott T.--Amodeo, John F.
Casagrande, Caroline--DeAngelo, Wayne P.
Handlin, Amy H.--O'Donnell, Jason
Giblin, Thomas P.--Chiusano, Gary R.
Wagner, Connie--Jasey, Mila M.
Lampitt, Pamela R.--Peterson, Erik
McKeon, John F.--Rudder, Scott
Benson, Daniel R.--Russo, David C.
Quijano, Annette--Prieto, Vincent
Cryan, Joseph--Coughlin, Craig J.
DeCroce, Alex--Schroeder, Robert
Bramnick, Jon M.--O'Scanlon, Declan J., Jr.
Carroll, Michael Patrick--Bucco, Anthony M.
Fuentes, Angel--Burzichelli, John J.
Coutinho, Albert--Ramos, Ruben J., Jr.
Chivukula, Upendra J.--Spencer, L. Grace as Co-Sponsor
Conaway, Herb, Jr.--Vainieri Huttle, Valerie
Munoz, Nancy F.--Dancer, Ronald S.
Webber, Jay--Albano, Nelson T.

1/10/2012 Introduced, Referred to Assembly Agriculture and Natural Resources Committee

S178 Establishes Hooked on Fishing-Not on Drugs Program in DEP and appropriates $200,000 therefor from Drug Enforcement and Demand Reduction Fund.
Environment and Energy

Last Session Bill Number: S106 (1R) A288

Connors, Christopher J. as Primary Sponsor
Beck, Jennifer as Primary Sponsor
Buono, Barbara as Co-Sponsor
Madden, Fred H., Jr. as Co-Sponsor
Oroho, Steven V. as Co-Sponsor
Greenstein, Linda R. as Co-Sponsor
Addiego, Dawn Marie as Co-Sponsor
Allen, Diane B. as Co-Sponsor
Norcross, Donald as Co-Sponsor

1/10/2012 Introduced in the Senate, Referred to Senate Environment and Energy Committee

A638 Establishes Hooked on Fishing-Not on Drugs Program in DEP and appropriates $200,000 therefor from Drug Enforcement and Demand Reduction Fund.
Agriculture and Natural Resources

Last Session Bill Number: A288 (1R) S106 (1R)

Rumpf, Brian E. as Primary Sponsor
Conaway, Herb, Jr. as Primary Sponsor
Gove, DiAnne C. as Primary Sponsor
Albano, Nelson T. as Primary Sponsor
Wolfe, David W. as Co-Sponsor Diegnan, Patrick J., Jr. as Co-Sponsor
McHose, Alison Littell as Co-Sponsor
Moriarty, Paul D. as Co-Sponsor
Chiusano, Gary R. as Co-Sponsor
Rumana, Scott T. as Co-Sponsor
Peterson, Erik as Co-Sponsor
Burzichelli, John J. as Co-Sponsor

1/10/2012 Introduced, Referred to Assembly Agriculture and Natural Resources Committee

S190 Establishes, in the Division of Fish and Wildlife in DEP, a program to encourage school children to avoid drug use and appropriates $200,000 therefor from Drug Enforcement and Demand Reduction Fund.
Environment and Energy

Last Session Bill Number: S124 A320

Connors, Christopher J. as Primary Sponsor

1/10/2012 Introduced in the Senate, Referred to Senate Environment and Energy Committee

A660 Establishes, in the Division of Fish and Wildlife in DEP, a program to encourage school children to avoid drug use and appropriates $200,000 therefor from Drug Enforcement and Demand Reduction Fund.
Appropriations

Last Session Bill Number: A320 S124

Rumpf, Brian E. as Primary Sponsor
Conaway, Herb, Jr. as Primary Sponsor
Gove, DiAnne C. as Primary Sponsor
Wagner, Connie as Co-Sponsor
Moriarty, Paul D. as Co-Sponsor

1/10/2012 Introduced, Referred to Assembly Appropriations Committee

AR32 Urges Congress to approve and President to sign into law "Flexibility in Rebuilding American Fisheries Act of 2008."
Agriculture and Natural Resources

Last Session Bill Number: AR24

Rible, David P. as Primary Sponsor
Angelini, Mary Pat as Primary Sponsor
Albano, Nelson T. as Primary Sponsor
Milam, Matthew W. as Co-Sponsor
Diegnan, Patrick J., Jr. as Co-Sponsor

1/10/2012 Introduced, Referred to Assembly Agriculture and Natural Resources Committee

S223 Provides for no net loss of DEP lands for fishing, hunting, and trapping purposes.
Environment and Energy

Last Session Bill Number: S333 A174

Oroho, Steven V as Primary Sponsor
Bucco, Anthony R. as Primary Sponsor

1/10/2012 Introduced in the Senate, Referred to Senate Environment and Energy Committee

A870 Provides for no net loss of DEP lands for fishing, hunting, and trapping purposes.
Agriculture and Natural Resources

Last Session Bill Number: A174 S333

Chiusano, Gary R. as Primary Sponsor
McHose, Alison Littell as Primary Sponsor
Bucco, Anthony M. as Primary Sponsor

1/10/2012 Introduced, Referred to Assembly Agriculture and Natural Resources Committee

The Arrogance of Fisheries Managers

I have not been attending as many meetings this past month due to serious back problems. Bruce Smith, Tom Siciliano, Ed Cherry and other JCAA members have been attending meetings to represent JCAA. We all need to step up to the plate and get involved. Twenty-five years ago when I began attending meetings, I thought the stocks would be rebuilt and the problems resolved. I was naïve. Even though the stocks have been rebuilt, the National Marine Fisheries Service and the Atlantic States Marine Fisheries Commission have found more ways to unfairly treat the anglers on the East coast. The more I interact with people from other regions of the country, the more I learn that NMFS is not doing any better anywhere else. The system is not working and has turned into a disaster for recreational anglers.

The latest example is summer flounder. In the last three JCAA Newspapers, articles have included information about why the quota should remain the same. The JCAA comment to NMFS is included below. Despite the opposition voiced by many groups and individuals, NMFS and ASMFC went to the 23.9 million pound quota. Though I have always been reluctant to do so, I must finally voice the following criticism: the staff and directors at NMFS and ASMFC and even state directors do not have incomes that are directly affected by the decisions they make. They have no direct monetary stake in the decisions and it is always easier, it seems, to make decisions that impact others more directly than you. The level of arrogance displayed by some of the state directors and NMFS employees is unbearable. They basically treat recreational anglers more like children than like colleagues. New Jersey’s delegation is a notable exception to this level of arrogance and both our council and commission members behave themselves in respectful and responsible ways. It was brought to my attention that one of the administrators commented if they (meaning recreational and commercial anglers) had bitten the bullet years ago, we wouldn’t be having these problems. If this administrator was not a ‘Johnny come lately” he might realize how insulting this statement is. For the past few years New Jersey has been more restrictive and this is the payoff we get. In 2004 as a commissioner I voted on the quota for summer flounder for 2005/2006 and instead of using 50% probability we actually used 75% probability, making the most conservative decision possible. And this is our reward!

JCAA will continue to discuss many issues with other groups. It is time for our Governor and the NJ Delegation in Washington, DC to demand that NMFS does the social and economic impact studies required by law before any drastic changes are made. NMFS is clearly in violation of the law and it should be up to our legislators and our governor to take action rather than waiting for recreational and commercial fishermen to take legal action. \

Below is the JCAA position. I have also included two letters from Paul Haertel and Bobby Matthews. They clearly represent the thoughts of many recreational anglers and the businesses that depend on recreational fishing.

JCAA Comment on the Proposed NMFS 2006 Summer Flounder Quota

JCAA is disappointed at the proposed public rule published by the National Marine Fisheries Service for summer flounder. We think the National Marine Fisheries Service failed to consider several facts in making the decision to reduce the quota from the proposed 33 million pounds to 23.9 million pounds.

The quota of 23.9 million pounds is a 14% reduction from the 2005 quota and a 4% reduction from the 2004 quota. It is also a reduction of approximately 28% under the current approved quota (ASMFC and NMFS) for 2006. We have seen quirks in tables before. We have seen outlying years where we review the data the following year and decisions are made differently. This is one of those examples. In 2004, the National Marine Fisheries Service and ASMFC approved a 2 year quota setting scenario of 30 million pounds for 2005 and 33 million pounds for 2006. This was based on scientific data from many years. Because of the quirks in the current tables, NMFS is suggesting that we reduce the proposed 33 million pounds to 23.9. What is truly amazing is that the quota for 2002, 2003 and 2004 was 26 million pounds. With these quotas the stock continued to rebuild. The spawning stock biomass and total biomass is larger than it has been in over 25 years. Even with a 30 million pound quota for 2005 we are seeing an increase in the stocks. There has been no drastic decline in recruitment in the last four years. The recruitment has been at average or just below average for the last few years and the stocks have continued to rebuild. We know the stocks are not overfished but because NMFS has set the goal of 204 million pounds for spawning stock biomass for 2010, we are going to take a reduction.

The reasons given for the cutback in quota in the NMFS proposed rule are that either there are unreported landings or higher discards. If you keep raising the size limit on the recreational sector and make it harder to take a fish home to eat, there will be a higher hook and release mortality, especially shore based anglers. NMFS is placing the fishermen in a catch 22. This year there have been some anglers releasing 80:1 in order to keep one legal size flounder. This very high release rate is guaranteed to increase the mortality in discards. The great majority of the release fish are mature, i.e. 14inches. Some have spawned at least twice. JCAA member used a figure of 20 discards to each keeper and made a calculation of the number of summer flounder caught by the recreational sector. Assuming the recreational quota was caught and using 20 to 1 and an average of 2 pounds for fish kept and 1 pound for fish released the calculation shows that one hundred and twenty million pounds of summer flounder were caught and released by recreational anglers. This number turns out to be the entire estimated biomass of summer flounder in the ocean. We know that makes no sense. However it does prove that the NMFS is grossly underestimating the total biomass of summer flounder. We know these models work for early rebuilding efforts but this example and others prove the lack of reliability for rapidly rebuilding stocks. The models simply can’t take that data into account. We also know that models make mistakes from year to year. There are multiple examples of this from other fisheries. NMFS is using the results of the summer flounder lawsuit to hide its unreliable data.

The Magnuson Act requires that the NMFS does a real economic impact on any proposed changes. In the proposed rules, NMFS says there will be minor economic impact on the recreational sector. This statement was made with no data to back it up. Every recreational angler knows this statement is ludicrous. All you have to do is look at the impact on New York anglers in the last two years when the size was dramatically increased and the bag limits were dramatically decreased. Party boats and charter boats are out of business and the profits in tackle stores are disappearing. Some of those tackle stores are closing and others are barely hanging on. There has never been a study on the impact on the inshore anglers when they are completely shut out of a fishery because of high size limits. Because the recreational community has not filed a lawsuit, there is no motivation for NMFS to do the job required. So they ignore the Magnuson Act and neglect any economic studies that would confirm the huge negative impact of these decreases.

The NMFS uses the 1998 lawsuit to justify their proposals. That lawsuit occurred at a time when there was only an annual specification not multi-year specification as now occurs. The management plan has changed and the conditions of the lawsuit do not exist today. NMFS should have taken this fact to the judge and appealed for a new decision. Instead, they simply transfer the problem to the commercial and recreational fishing industry they are supposed to serve. NMFS should be the agency asking for a rehearing on the lawsuit instead of forcing the commercial and recreational fishing industry to either live with NMFS decisions or pursue a lawsuit on their own. This is not the way a federal agency should serve its constituents. And that is not what the Magnuson Act was designed for.

For the reasons listed above, JCAA believes we should stay at status quo for 2006 which would mean a 30 million pound quota (the quota for 2005). However, we know that will not happen. If ASMFC was handling this species on its own, status quo would be an option and we would wait for the data next year. This is exactly what ASMFC did in 2004 for striped bass and in 2005 for weakfish. We understand NMFS is required to do things differently. With that in mind, we could reluctantly support that NMFS go to a 26 million pound quota for 2006. We are hoping that ASMFC separates itself from NMFS and stays at status quo for 2006.

Tom Fote
Legislative Chairman JCAA

My name is Paul Haertel. I have been an avid fisherman for over 45 years. Fishing is very important to me and I fish at least 100 days a year. I regularly fish for fluke on my boat during the summer. I am a hard-core striped bass fisherman and I will fish for weakfish occasionally. I have my finger on the pulse of what is going on with these three species. I am a member of the Berkeley Striper Club as well as the Jersey Coast Anglers Association. I am fairly well known amongst the angling fraternity and I myself know many fishermen. I have also been involved in law enforcement for the last 28 years. I have a good understanding of fish, fishermen, law and people in general. The point I am trying to make is that I am qualified to give you the following warning.

Recreational fishermen are fed up with your ridiculous quotas forced upon them via increased size limits, reduced bag limits and shortened season. In the case of fluke, fishermen are absolutely outraged about further restrictions being proposed. If you have not already done so, you are about to cross the threshold of where fishermen are not going to care what quotas you implement or what new laws become enacted. Fishermen are simply going to keep whatever they feel is justified. The hardest thing for any conscientious law abiding citizen to do is to break the law the first time. After that it usually becomes much easier and if they get away with it, it becomes even easier. Such will be the case with our fisheries. The chances of being apprehended for a fishing violation are rather remote due to the lack of law enforcement officers available. I am not condoning this practice but it is what I am hearing from many of the fishermen I know. Compounding the problem further is that many of those who obey the law no longer care about what is going on around them. Whereas in the past they may have reported the violation or informed the individual of the law themselves, they now say nothing or say good for him. I can assure you that once this practice becomes more prevalent there will be no turning back.

In closing I would like to let you know that I strongly support the JCAA's position regarding the proposed quotas for fluke. It is bad enough that in the past you have blatantly favored the commercial fishermen, in part by giving them 60% of the quota compared to the recreational fishermen's share of 40%. Now you apparently have turned your back on both of them and are catering to some extreme environmental groups. I am appealing to you to stand up to these groups and protect the rights of all the fishermen you are supposed to be serving, even if this takes you back to the courts.

Sincerely,
Paul M. Haertel

Summer Craziness

Most people believe very little happens in the summer regarding fisheries management. This summer has certainly been an exception. In early August the Joint Monitoring Committee for ASMFC and the Mid-Atlantic Fisheries Management Council met to set quotas for 2007. We went to this meeting prepared to object to another 3.8 million pound cut. We never expected to be cut by over 75%. Much of the information about the summer flounder issue is included in other articles in the newspaper. As of this writing, I have no clear idea how this will be resolved. There are some who believe the solution to the problem lies in the passage of the Magnusson Stevens Bill. My first concern is that the bill may not even pass. Even if we get the solution added to the House Bill, the Senate already has a bill that has been passed. Whatever the House passes heads to a conference committee where anything can happen. Even if the bill is passed with added flexibility, I doubt we will have it in place in time for the ’07 season. I hope I am wrong but that is what I see at this time.

The only solution I see right now is for NMFS and ASMFC to change the target to one that can be reached. They need to stop using an imaginary number based on suspect data collected in 1930. NMFS knows full well that the environmental conditions have changed drastically since 1930. I am flabbergasted by their excuses. I am told they have no model to factor in any of the environmental changes that have happened since 1930. At the same time they tell me they have a model that can estimate the stocks in 1930 with absolutely ridiculous data. Also, NMFS is using the excuse that the environmental groups will sue them in 2010 if we don’t reach this environmental target. I have not heard lawsuit rumblings from any environmental group. Additionally, if you read the Magnusson/Stevens Act carefully, you discover that there is no penalty for not reaching the target by 2010. Who are we kidding?

JCAA will keep you informed. As we get more information, we will make it available to the public. Right now, write your governors, senators and congressmen and tell them how concerned you are. You can urge them to find a solution. There is a lot of information contain in other sections of this newspaper about this topic so please read it carefully.

I would also like to thank Congress Frank Pallone for showing up to the joint meeting in Philadelphia to hand deliver the letter for him, Congressman Jim Saxton, Senator Frank Lautenberg and Senator Robert Menendez. These members of NJ congressional have been fishing hard for us. We need to get the rest of NJ delegation involved. Groups in other states need to get their congressional delegations also involved.

Summer Flounder Craziness Continues

Since the last newspaper many interesting things have happened. I was hoping I would have better news but, as usual in fisheries management, I have only bad news to report. We will begin with summer flounder. We were hoping for a quick fix with the reauthorization of the Magnusson Act. At this time the Magnusson Act is not moving. Because of the controversy and the push by factions on both sides of the issues, the House of Representatives decided not to move on the bill until at least after the elections. There is no assurance that there will be any action on the bill after the election or that the bill will address the problems with summer flounder. All we can do is keep putting pressure on Congress to ask them to address this serious issue.

In the meantime, JCAA will be focusing our attention on the Atlantic States Marine Fisheries Commission. ASMFC will be taking up this issue and voting on a quota the week of October 23rd. The Flounder, Scup and Black Sea Bass Management Board Meeting is scheduled for Wednesday, October 25, 2006 7:30 AM - 10:30 AM. We are asking ASMFC to hold firm at the 19.9 million pounds already approved by the Mid-Atlantic Marine Fisheries Management Council. Previously many of us have directed our attention solely to the commissioners and those efforts have not proven successful. We need another approach. As you can see from the letter and press release below, we are focusing our attention on the governors of the states represented on the Summer Flounder Management Board. If you live in a state from Massachusetts to North Carolina, whether you are a recreational or commercial fisherman, you need to contact your governor by writing a letter similar to the one included in this newspaper. If you have any friends, relatives or fellow anglers in these states, ask them to do the same. There is much more information about summer flounder in the September newspaper. If you don’t have a copy you can find it on the JCAA webpage (http://www.jcaa.org).

Another option JCAA is looking at is trying to get the environmental groups to come forward and express their opposition to NMFS needless draconian plans. It is interesting that I hear environmental groups complaining that the commercial and recreational fishing communities are trying to relax standards in the Magnusson Act. The problem is when NMFS suggests such ridiculous management measures and the environmental community sits quietly by and says nothing, pushing for the relaxed standards is the only option left for us. If the environmental community used some common sense and supported reasonable, common sense management efforts, we wouldn’t have to support more extreme measures. In this situation the environmental community has stood idly by and, a by default, let bad science support draconian decisions.

The environmental community suggests we are partners and we should be working together to rebuild the stocks. At this time this partnership is very one-sided. If this continues this lack of leadership and support for a common sense plan for summer flounder could destroy the partnership. Remember, this is not a fishery that is overfished. This is a fishery that has doubled the stock and tripled the spawning stock biomass. The letter and press release are included at the end of this report.

Summer Flounder Meeting

Tom Siciliano and John Toth have included articles in this newspaper about this issue. I have also included newspaper articles. From my perspective, it seemed that everyone in attendance supported an outside peer review. The only dissent was the no vote by the National Marine Fisheries Service. We can’t make decisions that impact on the lives of over 6 million recreational anglers from Massachusetts to North Carolina using this kind of faulty science. The businesses that depend on recreational fishing will be devastated. The commercial fishery which lands fish for the consuming public will also suffer a huge economic impact. While all of the fishing interests will be impacted negatively, none of the bureaucrats participating in the decision-making will pay one single penalty. They will get their cost of living raises and collect their benefits no matter what decision they make. They don’t face layoffs or job loss. I get tired of being asked for patience. I will admit that most of them take their jobs seriously and understand the pain caused by these decisions. But some of them have an incredibly arrogant cavalier attitude and simply dismiss the arguments made by the fishing community. The head of NMFS and his staff are particularly arrogant in their dealings with us, the fishermen and the United States Congress. Throughout this process they continued to dismiss questions and concerns expressed by members of Congress who have a long history with the Magnusson Act and participated in the last reauthorization. I have heard this song over and over again. NMFS endlessly promises to deal with the problem of summer flounder and only succeeds in making it worse. No wonder no one trusts them. I’m still waiting for the results of the 1998 workshop on summer flounder hosted by NMFS. JCAA will not relax the pressure and we are still exploring options.

Representative Frank Pallone (D-NJ) concluded his statement at yesterday's Atlantic States Marine Fisheries Commission (ASMFC) meeting by reminding the commissioners they are independent and should make an independent decision on the summer flounder quota. Yet, to the disappointment of three busloads of anglers transported to Manhattan's Skyline Hotel by the Jersey Coast Angler's Association (JCAA), the ASMFC didn't even consider a 19.9-million pound quota for 2007 that they'd come in to support. That quota, previously approved by the Mid-Atlantic Fishery Management Council, wasn't brought up at all as the commissioners bowed to the threats of the National Marine Fisheries Service (NMFS) to close federal waters to fluking. That would most heavily impact commercial fishermen, and they supported the NMFS position. As a result, the ASMFC accepted the 12.983-million-pound quota proposed by NMFS that will result in a very limited season. Since Congress bailed them out Saturday by adding three years to the summer flounder rebuilding program, NMFS can buck that figure up to 17.11 million pounds at the same 75 percent likelihood of staying on track for the target. If NMFS would go back to the 50 percent probability they've long claimed is the minimum the courts will accept, the additional three years could bring the quota up to over 19 million pounds. The motion that passed calls for adoption of no less than the 17.11 million pounds by March 1. While that's a lot better than the 12.983 million pounds, the public gets only 40 percent of that and there probably won't be much of a recreational fishery. The 19.9 million pounds the anglers had come to support wouldn't solve the problem, but it was particularly disappointing that it wasn't proposed -- even by the suddenly silent New Jersey delegation that traditionally has stood up to NMFS threats. The ASMFC is setting recreational regulations today. Preliminary indications were that Jersey ran over its recreational quota last year. Combined with a lower overall quota for 2007, that will require stricter regulations next year.

Fluke fishermen will have to continue holding their breath until the new minimum sizes, possession limits and season for fluke are finally announced.

The Atlantic States Marine Fisheries Commission's summer flounder, scup and black sea bass board voted Monday to accept the National Marine Fisheries Service's preferred quota of 12.98 million pounds for 2007. The motion included the provision that, if NMFS can offer a higher quota, that number will supersede the 12.98 million pounds.

William T. Hogarth, director of NMFS, explained earlier that the service might be able to bump the quota up to 17.1 million pounds or more, since Congress passed the Magnuson-Stevens reauthorization bill at 1:30 a.m. Saturday.

The bill includes a special provision for fluke in which the stock rebuilding target is moved to 2013 instead of 2010. This allows for increasing the quota as long as overfishing is not occurring.

Overfishing is not occurring at 12.98 million pounds, but would be taking place at 19.9 million pounds, a figure the Mid-Atlantic Fishery Management Council and many who attended Monday's board meeting wanted. However, under the new law, which has been sent to President Bush for signing, Hogarth said his staff probably will be able to come up with higher numbers in the next two or three weeks through emergency action.

Thomas P. Fote, legislative chairman of the Jersey Coast Anglers Association, said over 100 JCCA members and affiliates were at the meeting. "The meeting room was packed — probably 200 people," he said. "Some of the guys, like the Hudson River Fishermen's Association and the people from Philadelphia, came in on trains. We had over 90 people on the buses we hired. "Fote anticipates that NMFS will have some tables ready for ASMFC action at the commission's next meeting, scheduled for Jan. 29 through Feb. 1 in Alexandria, Va.

"We all — JCAA, Recreational Fishing Alliance, commercial fishermen — want outside peer review of NMFS fluke management," Fote said. "We want the National Academy of Science to do that as soon as possible." NMFS has said that overfishing would not occur at 17.1 million pounds. The target figure for a rebuilt stock was lowered in September from 204 million pounds to 197 million pounds.

NMFS preliminary projections for quotas were 19.6 million pounds in 2008, 22.7 million pounds in 2009 and higher in 2010 and 2012.

James A. Donofrio, executive director of the Recreational Fishing Alliance, said he is disappointed at the reduction in quota from 23.6 million pounds this year, but is relieved that it is expected to be higher than the 5.2 million pounds NMFS proposed during the summer.

"It's the best option we could get," he said. "The RFA wants the maximum amount of quota and still remain in compliance with the new fisheries law.

"The RFA had to play defense throughout most of the legislative process on Magnuson. We were able to successfully defeat some incredibly harmful provisions. Unfortunately, we spent so much time on defense that we were not able to get as many positive pro-recreational issues into the bill as we would have liked."

Five New Jersey lawmakers helped snag the Catch of the Day over the weekend when they succeeded in adding protection for the state's popular summer flounder (fluke) industry into fisheries management laws. In legislation passed in both the House and the Senate, New Jersey's representatives were able to get the deadline for rebuilding stock levels pushed back three years.

That's good news for the industry, which generates about $200 million annually for New Jersey's economy and contributes about 4,000 jobs. The take of East Coast fishermen was already reduced from 30 million pounds in 2005 to less than 24 million pounds this year. The strict quota initially proposed would have reduced that to 5.2 million pounds, effectively wiping out the industry.

The reauthorized Magnuson-Stevens Act will enable a 2007 fishing limit of at least 17.1 million pounds. It will hopefully increase over the next several years, up to 29 million pounds in 2012.

Reps. Jim Saxton and Frank LoBiondo, both R-N.J. and Frank Pallone, D-N.J., and Sens. Frank Lautenberg and Robert Menendez, both D-N.J., deserve credit for their bipartisan work, helping to forge a compromise between the environmental groups and the fishermen.

The summer flounder stock has been increasing. But conservationists and fishermen have differed on an optimal level and a timetable for reaching it. The overzealous goal to nearly double the stock by 2010 would likely have forced many party boats out of business and the shutdown of fishing-related shops. While next season's quota is the lowest ever, the changes supported by New Jersey's federal legislators likely averted disaster for those who make a living off this natural resource.

But the fight for the summer flounder industry hasn't ended. Anglers say the goal of rebuilding the East Coast stock from 112 million pounds to 197 million pounds by 2013 is excessive. New Jersey's delegation wisely focused on pushing back the deadline in the Magnuson-Stevens Act as its reauthorization loomed. Now, it should channel that same energy into finding a compromise to the rebuilding goal.

We tried. We pulled out all the stops. We brought two buses filled with anglers from South Jersey to the Atlantic States Marine Fisheries Commission meeting in New York City on Monday, December 11, 2006 and many more anglers from North Jersey came into New York on their own. JCAA member club members accounted for over half of the audience of over 200 that attended the meeting. Frank Pallone made an impassioned plea to the Commission to do the right thing. What did it get us? Nothing. The National Marine Fisheries Service did it again to recreational anglers. They dictated to the Atlantic States Marine Fisheries Commission how they should vote.

Recreational fishermen must thank Congressman Pallone for the great job he did. It was through his efforts that language was incorporated into the Magnuson/Stevens Act reauthorization that provided additional flexibility for the Secretary of Commerce and gave an additional three years for the Summer Flounder stock to be rebuilt. The bill passed the house at 1:22 a.m. on Saturday morning.

Frank Pallone explained to the Commission what the intent of Congress was in passing this bill. He carefully explained how there was already enough flexibility in the current statute to increase the TAL to 19.9 million pounds with a 50% probability that the target goal would be met. The additional flexibility given in the new bill allowed them to be confident that they could do that without adverse consequences.

The NMFS recommended a quota of 17.11 million pounds of fluke for 2007. This number gives a 75% probability that the rebuilding target will be met by 2013. A 50% probability is all that is needed and had the NMFS used that we could have had a quota of nearly 20 million pounds.

Unfortunately, the Commission ignored the pleas of the audience and Congressman Pallone. What they voted for was the most confusing motion imaginable. They approved a quota of 12.98 million pounds that would increase to at least 17.1 million pounds after the NMFS had reviewed the data. A lot of legalese was given for the convoluted motion, but what do you think the chances are that the quota will be greater than 17.1 million pounds? Do you give it a 75% probability, a 50% probability? I think a 0% probability is more realistic.

The new MSA requires that the best available science be used. I was hoping they would have said to use all available science and a little common sense, but I guess you can’t legislate the use of common sense.

So where do we stand for 2007? This year’s quota of 23.6 million pounds was exceeded. Here’s a thought. If you under fish a quota you can catch more fish the next year, but if you under fish isn’t it because there are not enough fish and shouldn’t the quota be lowered? If you exceed your quota doesn’t that tell you that there are more fish available to be caught? Sorry, I guess that is too logical. That would never be considered in fisheries management. So let’s see, the recreational quota last year was 9.29 million pounds and according to the infamous MRFS survey 11.74 million pounds are projected to be caught through the end of the year. New Jersey was 12% over its quota. Our target was 1,443,000 pounds and according to the survey we landed 1,642,888 pounds. New York was 34% over so they are in even more trouble than we are.

With a quota of 17.1 million pounds the recreational share is 6.84 million pounds for 2007. We face a reduction of 40%. What will that mean in terms of size limit, bag limit and length of season? We don’t know where the conservation equivalency will end up but, to give you an idea, if a state chose not to do any work they would have as the precautionary default regulation one fish at 18.5”. That will not happen in New Jersey because our Fisheries Council will come up with the best possible options for us.

What does the future look like? The JCAA will continue the fight, question the stock assessment data, question the MRFS data and slowly but surely things will get better. We know we have the help of Congressmen Pallone, Senators Lautenberg and Menendez along with the entire New Jersey contingent of Congressmen to help us in the future. There are provisions in the new MSA that will help to make the science more credible.

In an effort to get the Atlantic States Marine Fisheries Commission (ASMFC) to stand up to the National Marine Fisheries Service (NMFS) and vote for a 19.9 million pound fluke quota for 2007, the JCAA chartered two buses to take anglers to make their voices heard at a December 11th management meeting in NYC at the Skyline Hotel. The ASMFC voted earlier to support a 19.9 million pound quota and that placed them in direct conflict with the NMFS who wants a much lower amount of 12.98 million pounds. The NMFS threatened to close federal waters to fluking if the higher quota was adopted. So these issues set the stage for the December 11th meeting and the JCAA urged its member clubs to come to the meeting and wear their club clothing to show their colors and support for the 19.9 million pound quota.

The room was packed with 200 anglers and possibly more. Approximately 100 of these anglers were from the JCAA who came by the chartered buses or through their own transportation. The anglers expressed their concern over the NMFS 12.98 quota and the comments included:

• Faulty data is used by the NMFS to come up with erroneous conclusions. Therefore, an independent peer review possibly by the National Academy of Sciences is needed. (Tom Fote)
• The NMFS has a blind eye toward the explosion of sharks that are decimating the fluke and something needs to be done (Marvin Oresky HRFA).
• The uncertainty and anxiety with the fluke quota is placing a big chill in the tackle industry and fishing related jobs throughout the state. (Jim Hutchinson – The Fisherman Magazine)
• The Commission needs to stand up to the NMFS and vote for 19.9 million pounds. The NMFS has lost its credibility (Senator Frank Pallone)
• We should stay with the status quo of 23 million pounds since the NMFS is all wrong (Tom Siciliano – JCAA & SWABC)
• We should be able to keep 8 fluke at 15 1/2 inches to end the senseless killing of so many small fish to keep one at 16 ½ inches. (Robert Howe, Lawrenceville Fishing Club)
• The room is filled with anglers who have taken a day off to attend this meeting. Obviously something is wrong with fishing management to bring these anglers to attend this meeting (John Toth - JCAA & SWABC)
• The NMFS are asses and should be fired. (Jim Lovgren–commercial industry)

These are only some of the many good comments that were made. Every possible point that could be made was made to encourage the ASMFC to adopt their 19.9 million pound quota.

An unexpected development occurred that affected the meeting’s direction. Congress passed the Magnuson-Stevens Act at 1:30 a.m. on Saturday (December 9th) just before this meeting. The Act extends the fluke rebuilding period from 2010 to 2013. Consequently, the NMFS Director (William Hogarth) indicated that instead of the 12.98 million pound quota, the NMFS could support a 17.11 million pound quota for 2007 due to the 2013 extended date. This development kept the ASMFC focused only on the 17.11 million pound quota and nothing else seemed to matter. In the end, the ASMFC voted to accept the 12.98 million pound quota as a procedural matter since the Magnuson-Stevens Act has not been officially signed by the President. Once the President signs it (and he is expected to do so) the 17.11 million pound quota is expected to take effect in 2007.

While the result is not what we would like, since it is the lowest fluke quota anglers have experienced despite the fact that the waters are teeming with fluke, I, and I think many others, are proud that the JCAA stood up to the NMFS to make our voices heard and our presence felt. The NMFS knows who we are and that we will watch what they are doing. We will keep you informed as the fluke situation unfolds.

I would like to thank all of you for taking time to attend this important meeting either on our chartered buses or through your own means. It was a beautiful day, but you took the time to be counted. I want to also thank Frank Richetti and Mark Taylor for taking names and managing the charter buses under their control.

Ongoing Summer Flounder Soap Opera

I was surprised when some people decided to thank Dr. Holgarth for the 17.1 quota for summer flounder. People have really short memories but, as you all know, I never forget. It got more confusing when I arrived back in New Jersey. There was a newspaper article stating Dr. Holgarth said the quota would be more than 17.1, closer to 18 million pounds. I had naively assumed NMFS would at least wait until after ASMFC had an opportunity to review the current proposals. Fooled again! In a preemptive move Pat Kurkul put a notice of emergency rule in the Federal Register on January 17th. The notice stated the quota would be 17.1. Not only don’t these people listen to the anglers, they don’t even listen to each other. It will be interesting to see if ASMFC finally shows some guts and, instead of using 75% probability, ASMFC uses the 50% required by the lawsuit. It will also be interesting to find out the actual target we are looking for. I will be asking these questions at the ASMFC meeting. Stay tuned to see if I actually get any answers. I will also be asking about the status of the outside peer review.

We need to review the history on summer flounder to find NMFS historic errors or omissions.

1. When the lawsuit by the environmental groups was first discussed in 1998, Dr. Holgarth directed the NMFS staff to work with the Hines Group and put together a 2-day workshop to discuss summer flounder problems. Dr. Holgarth promised to follow up on the recommendations from this working group but nothing was done.
2. When we began questioning the target set by NMFS that many of us insisted was unlikely to be met under any circumstances, Dr. Holgarth ignored our concerns. ASMFC Commissioners and MAFMC Council Members asked for a total review of the target before any reduction in quota was considered. We have been having this discussion since 2004. Remember the review we had a few months ago. At that time some people thought 197 million pounds was the new biomass target. Instead, that number represents the target for the spawning stock. If you have a 197 million pound spawning stock biomass, what is the biomass target you are looking for? The number must be greater than the 204 million pound biomass that already generated considerable criticism.
3. When our concerns about the data from Marine Recreational Fishery Statistics Survey (MRFSS) continued to grow, we asked NMFS for an adjustment for New York for summer flounder and tautog and New Jersey’s weakfish numbers for 2005. NMFS has done nothing to deal with these issues. Right now they are only beginning to deal with the problems created by using MRFSS data and I believe any change is 3 – 4 years down the road (if ever). (There is more JCAA comment about the MRFSS data elsewhere in this newspaper.)
4. It was NMFS, through Dr. Holgarth, that refused to go to an outside peer review on summer flounder this year. Congress, ASMFC and MAFMC have both requested this peer review and the only action has been to ignore the request.
5. It was the Secretary of Commerce, through Dr. Holgarth and NMFS, who pushed the reduction using the unheard of possibility of a threatened lawsuit after 2010 as their rationale. Because of their inaction the House of Representatives and the Senate had to put a rider on the Magnusson Act to get a three year extension. NMFS continually ignored their legal responsibility to look at the economic impact of their actions.
6. Remember, the Secretary of Commerce and Dr. Holgarth both work for the President. Ultimately it is the President who is responsible for their decisions. Thankfully we had a bipartisan action in Congress to get us a quota that is still devastating to both the commercial and recreational industries but avoids putting everyone on life support.
7. The tackle stores, the party and charter boats, the commercial fishermen and recreational anglers are going to have a disastrous year with the fluke fishery. In my estimation, they should thank President Bush, the Secretary of Commerce and Dr. Holgarth.
8. It now seems that there is miscommunication throughout NMFS. How can they tell us what to do when they can’t even get their own house in order?
9. We should not thank people for giving us crumbs when we deserve several slices. The businesses who depend on summer flounder will take a tremendous economic hit. And those of us who fish for summer flounder to eat and enjoy will take a tremendous quality of life hit. The bureaucrats will all get their salaries, no cut in quota for them.

Summer Flounder

As the publisher and assignment editor for the JCAA Newspaper, I usually wait until I receive the articles from our contributors and then decide what important topics have not been covered. This month, the JCAA writers and the articles we have reprinted from other newspapers have covered all the hot topics.

The only topic I need to share information and my concerns about is the lack of follow-up by NMFS in getting an outside peer review on the summer flounder science. Last August, both the Atlantic States Marine Fisheries Commission and the Mid Atlantic Marine Fisheries Management Council asked for an outside peer review. Congress, Governors and the public were unanimous in their support for this outside peer review. This peer review would be designed to find the appropriate summer flounder target. The only review done was by NMFS employees and former employees, hardly an unbiased group. They didn’t report any information about why the recruitment has been so poor the last five years and, in fact, they changed the target from 204 million pounds to 214,833,150. And so we wait. The clock is still ticking for next year’s quota. The huge negative economic impact of NMFS actions continues. And no answers are on the horizon. JCAA has realized that dealing with NMFS is useless. They don’t seem to care that they are destroying the commercial and recreational fishing industries needlessly. So JCAA will be dealing directly with President Bush, the Secretary of Commerce, Congress and our Governors. We hope other states and organizations will join us in demanding that the outside peer review is done immediately. We need this done before we start setting the quota this August for 2008. The extension gave us a little more quota this year than first proposed but did not correct the problem of poor data. Waiting for the next deadline is not acceptable. If we had poor recruitment in 2006, we could have a smaller quota next year. We could wind up with the problem that NY is facing with a short season, small bag limits and size limit choice of 18 1/2 and 19 inches. We will keep you posted.

Again, thanks for all the contributors to this newspaper. It is good to have so many different informed perspectives represented.

Fluke anglers should not be surprised if the National Marine Fisheries Service starts talking in June about further cutbacks for 2008.

It is as inevitable as the prediction that there will be a hurricane in Florida between August and November. Some things are bound to happen. NMFS executed an impressive display of legerdemain late last year, and Congress and many fishermen bought the "temporary fix." Unfortunately, lost in the wonder-working was the fact that, although the target date for rebuilding the fishery moved from Dec. 31, 2009 to Dec. 31, 2012, the target number was increased from 204 million pounds to 214 million pounds.

All fishermen wanted to see a bigger fluke quota this year. Anything was better than the 5.2 million pounds that Patricia Kurkul, the regional administrator, wanted to see last June.

Pressure from recreational and commercial fishermen escalated as the summer wore on, and NMFS began its intra-office incantations or conjuration with the result that by December the quota had been escalated to 17.1 million pounds. Most people breathed a sigh of relief: 17.1 million pounds is a lot better than 5.2 million pounds. True, but 17.1 is a far cry from the 30 million pounds the service had predicted we would be getting in 2006. The quota was 23.6 million pounds last year.

The shinplaster the service has applied to the compound fracture of the leg that is the fluke fishery will not suffice, if NMFS's target is rebuilding the spawning stock biomass to 197 million pounds by the end of 2012. If the service, aided and abetted by environmentalists, continues to insist the overall stocks can be built to 214,833,150 pounds by Dec. 31, 2012, as demanded by law, then it had better invest in a hatchery.

The alternative will be the firestorm resulting from cutting the harvest every year until sometime in 2010 or 2011, and then prohibiting the landing of fluke altogether to meet the arbitrary target.

The summer flounder biomass was declared to be 112 million pounds in November when the target was still 204 million pounds in 2010. The service figured that the median recruitment for the period 1982 to 2005 was 33 million fish. The average recruitment, because of the disastrous year of 2005, with 14.5, was 28.5.

The federal government has not released the recruitment figures for 2006, for some reason, and the longer this continues the more uneasy many close observers of the management process become. One more recruitment failure and the spawning stock biomass will be in big trouble by utopian standards. Sexual maturity in fluke occurs at two to three years of age and an average length of 10 inches for males and 13 inches for females.

Two bad spawning years back-to-back would mean that the 2005 and 2006 year-classes would be contributing young from this year through 2009, which, before the passage of the Magnuson Act, would have been the last year of the 10-year rebuilding plan. Since passage of Magnuson, this schedule was pushed back. The target will have to be met before Jan. 1, 2013. NMFS claimed in December that this can be done.

Fishermen look back at what has been accomplished since 2000, and view these claims quizzically. They ask how the total biomass could grow from 112 million pounds in 2006 to over 214 million pounds at the end of 2012 — six years — when the biomass only grew from 60.6 million pounds in 2000 to 112 million pounds in 2006. This was an increase of only 51.4 million pounds in seven years with three spectacular years of recruitment and over 100 million new fish plus two years of good recruitment adding 53 million more fish.

The flip answer is that the fish are getting older and heavier, thus the biomass gets larger faster than in the earlier years of rebuilding. Unless, of course, something happens on the way to the fisheries coliseum — such as what occurred in 2005 when the total biomass shrank to 104.3 million pounds from 105.8 million pounds in 2004. Granted, it leaped from 104.3 million pounds to 112 million pounds last year on the back of the great year-class of 2004, but the reverse is likely to be found this year in the spring stock assessment.

So what is coming down the marine interstate? Some predict a serious collision.

The National Marine Fisheries Service reported that recreational fishermen landed 12,200 metric tons of fluke in 1980 and 15,900 metric tons in 1983. Commercial fishermen landed 11,500 and 11,800 metric tons of fluke in those same two years. NMFS announced Jan. 19 that, effective that date, the commercial fluke quota for 2007 would be 4,656 metric tons, and the recreational harvest limit would be 3,194 metric tons. The research set-aside amount remained at 389,490 pounds.

The total allowable landing of 17.1 million pounds is the lowest in the time series beginning in 2000. The TAL was 17.9 million pounds in 2001 when the total biomass was only half as large as in 2006 and the spawning stock biomass only a third of that in 2006.

New Jersey's share for this season will be 954,272 fish, down from landings of 1,578,349 fish in 2006.