Fisheries Management & Legislative Report

Last month I included in the JCAA newspaper and posted on our web page a draft position statement on red snapper from the American Sportfishing Association that has not been approved by either the ASA Government Affairs Committee or Board of Directors. We apologize for any confusion.

The week of October 25th I spent 5 days in San Diego at the American Sportfishing Summit (ASA) and then the week of November 1st I spent 5 days in Newport, Rhode Island at the Atlantic States Marine Fisheries Commission (ASMFC).

The ASA Summit in San Diego was a great success as far as I was concerned. It places leaders in government and members of the fishing industry together to discuss the problems facing the recreational fishing industry. I did get to ask Jane Lubchenco, Ph.D., the new under Secretary of Commerce for Oceans and Atmosphere and National Oceanic and Atmospheric Administration and her staff some important questions as did the rest of the participants. Sharon McKenna, our operations manager, covers the ASA Meeting more in depth in her report.

It is pretty bad when the only good news I have to report from the ASMFC meeting is that we did not allow a commercial rollover of the striped bass quota and instead of a complete moratorium on weakfish, we only reduced the 6 fish bag limit to one. So far this year I have made the motions and voted to reduce the winter flounder catch to a 2 fish bag limit and a 45 day season and the weakfish fishery to one fish per day. The only alternative I had was a complete closure. I used to think there was a light at the end of the tunnel and we would see increased recreational fishing opportunities. I used to come home thinking I did something good for the resource and the people I represent. Now I come home depressed and disillusioned. I no longer expect good news but just hope it is not a disaster.

NJ's catch is over the recreational target on summer flounder and the coast is over the recreational target on black sea bass but not on scup. It is our turn to take the hit from the Marine Recreational Fisheries Statistical Survey (MRFSS). According to MRFSS preliminary data, NJ, DE and MD are all over the recreational target on summer flounder but as a whole the coast is under quota. NJ is over by 191,096 fish, not pounds. There is a small increase in quota for 2010 but I am not sure it will cover the MRFSS overage. It will mean no relaxation of regulations in NJ, DE and MD. NY is under target so they may be able to make some changes. The data collected by MRFSS is unpredictable and not scientific. The National Academy of Science does not believe this data can be used for the current decision-making since it is unreliable. We are never going to see any relief until we see quotas that reflect the actual status of the stocks.

On black sea bass, the coastwide quota will be exceeded according to MRFSS preliminary data. Unlike summer flounder, where most states have closed their fishery already, there is still fishing going on in state waters for black sea bass. For that reason, we do not know what the final outcome will be. Remember, as of right now there is no increase in the black sea bass quota for 2010 because MAMFC did not direct the SSC to reexamine the 2010 quota. I hope they will review this action at the Joint Meeting in December.

According to the MRFSS preliminary data, the scup catch is over target in the northern region and under target in the southern region. We are in the southern region and there is a slight increase in quota for 2010.

The table with this data regarding black sea bass, scup and summer flounder was given out at the ASMFC Meeting and is posted on our web page.

The EPA has published the National Lake Fish Tissue Study. I have included the release and their web address. There is also another article included. This study came as no surprise to anyone at JCAA since we realize that animal waste and sewer discharge are problems in lakes throughout the country. The more I learn about the subject, the more concerned I become. On November 14th New Jersey’s Law Enforcement Agencies participated in a program to help seniors dispose of their expired drugs by dropping them off at local facilities. There were officers present to make sure all the drugs were collected properly. The drugs will be disposed of in an environmentally friendly manner, not flushed into the water system. The Law Enforcement Agencies advertised this as a way to keep drugs from our children but it certainly serves a good environmental purpose. I wish more information about the environmental benefits were included in their press releases but I must congratulate them for a terrific job. Anything that keeps drugs out of the water system is a step in the right direction. We are hoping this program can be expanded with the cooperation of the DEP. It would be a great yearly event. Read the articles below.

As Commissioner to the ASMFC, I attended the Annual Meeting. The week before, at the ASA Meeting, we had a Government Affairs Meeting lasting from 8:00 – 6:30. This was nothing compared to 4 days at the ASMFC. I was disappointed I could not attend the Habitat Meeting due to scheduling conflicts. The ASMFC Meeting Week Summary is posted at the JCAA webpage and the ASMFC webpage. In light of the catch of weakfish being reduced to one fish recreationally and 100 pounds commercial, I have included the summary in this newspaper. Please go to the webpages for more thorough coverage of the whole meeting.

I would like to highlight two decisions that were made at this meeting. First, JCAA opposed the proposed striped bass commercial rollover of unused quota. The recreational community as a whole was opposed to this action. There was a large delegation of recreational anglers from Maine who came to oppose this rollover. Most recreational anglers are concerned about the health of the Chesapeake Bay stocks. Again, like weakfish, I think much of the problem is not directly related to fishing pressure but due to environmental problems of Chesapeake Bay. I am hoping state and federal agencies responsible for Chesapeake Bay recognize the environmental problems and problems with forage species and take appropriate action. The Chesapeake Bay has been studied to death and we can identify some problems that we can correct. Now is the time for action before the Chesapeake Bay becomes an ecological disaster. The final vote did not allow for the commercial rollover of striped bass. I was really disappointed that NMFS and the Fish and Wildlife Service both supported the rollover.

The Summer Flounder, Scup and Black Sea Bass also met. I made a motion to have ASMFC Summer Flounder Board request that the Mid-Atlantic Fisheries Management Council revisit the black sea bass quota as an agenda item at the upcoming joint meeting on December 8th. We lost this vote in a tie with the services again voting against my motion. I am hoping that New Jersey’s council members request that this item is placed on the agenda and I will definitely bring this up at the joint meeting.

This reminds us of a bigger problem that I have recognized in my more than 20 years attending ASMFC meetings. There have been many crucial votes decided by the votes of the U.S. Fish & Wildlife Service (USF&WS) and the National Marine Fisheries Service (NMFS). It is even more disturbing when these votes are on allocation rather than policy issues. The ASMFC is a compact of the 14 states. No where in the ASMFC compact are NMFS and the USF&WS given votes. This has been strictly a policy decision. Many years ago I made a motion to designate NMFS and USF&WS ex-officio rather than voting members. I am preparing to bring up this subject again at the 2010 meeting. This becomes a more crucial issue since we are now questioning the way NMFS is operating and USF&WS are interpreting the 2006 Magnuson/Stevens Act. The states should be deciding the position for ASMFC and the services should not hold the deciding votes. I know there are other commissioners who share this opinion.

by Joseph Sapia and Bob Vosseller, Asbury Park Press, 11/14/2009

The event was billed as "the day to get rid of your stash" of drugs. And the federal Drug Enforcement Administration waited with open hands — not to bust people, but to help them discard unneeded prescription drugs and over-the-counter medications.

"This is the first time we've done this, so we weren't sure (how it would go)," said Patrolman Steve Levy, a Marlboro police officer staffing a drop-off point at his town's municipal complex. "We were hoping for a good turnout."

The Marlboro site, one of about 50 in Monmouth County, got it. Through the 10 a.m. to 2 p.m. window, dozens dropped off cancer, blood pressure and diabetes drugs; birth-control pills; painkillers; cough medicine; and nasal decongestants.

Township resident Bert Goldberg, 67, dropping off a bottle of about 90 heart pills no longer needed, because his doctor changed his prescription. "I had the medication," Goldberg said. "I didn't know what to do. I though it was a good opportunity."

Juli Mercado, another Marlboro resident, brought in expired vitamins, prescription medications and cough medicine. "I think it's fantastic, because you're not supposed to flush it down the toilet," Mercado said. "I was uncomfortable in throwing it in the garbage."

The idea is to get the unneeded drugs out of the home, where they could get in the hands of children or drug-abusers, and safely dispose of them. Throwing them in the toilet could be bad for health or the environment, and throwing them in the garbage could be bad for the environment or they could get into the wrong hands, according to those involved.

"Operation Medicine Cabinet" was the first time the DEA has been involved in a statewide, one-day effort, said DEA Special Agent Douglas S. Collier. Otherwise, according to those involved, there apparently is no other organized program to properly dispose of drugs. The DEA will incinerate the items, Collier said.

The DEA operated the program in conjunction with the Governor's Council on Alcoholism and Drug Abuse, state Attorney General's office, Chiefs of Police Association of New Jersey, Partnership for a Drug-Free New Jersey and New Jersey Prevention Network. More than 430 of the state's 566 municipalities, in all 21 counties, participated, Collier said.

In Monmouth County, all 53 municipalities participated, Collier said. In Ocean County, almost all of the county's 33 municipalities were involved, Collier said.

In Little Egg Harbor, one of about 30 sites in Ocean County, township Police Lt. Troy Bezak said the program had gone better than expected. "We have three trash bags full of old medicine," said Bezak, 2 1/2 hours into the program. "We got mostly seniors come in, and they told us they were grateful that this was going on, because they knew they had old medication and didn't know what to do with it," Bezak said.

In Lacey, the Municipal Alliance To Prevent Drug and Alcohol Abuse promoted the program through its events and at Township Committee meetings, said alliance Chairwoman Heather Scanlon. Scanlon said the program "brings awareness of how some young people obtain drugs from the household medicine cabinet."

"You don't realize what could happen when young people get ahold of some of these drugs," said Lacey Township Committeeman Dave Most. "It could become a serious problem."

The program was simple - people could bring the items to a drop-off point. There was no charge and law enforcement personnel did not ask names and did not ask about the drugs.

"We don't want to know who you are or what you're putting in there (in the containers)," said Marlboro Police Chief Bruce Hall.

Hall, himself, brought in a small plastic bag of about 75 pills from his home. "My wife sent me in with a whole lot of stuff (from) years and years and years of surgery," Hall said. "Anything that was outdated or not pertinent, we discarded. It was best to get it out of the residence."

"Glad to get these out of the house," said Marlboro resident Arthur Lopater, 74, as he dropped off a variety of prescription medicines. "I'm good for about 16 grand a year in (costs for prescription) drugs."

Some people at the Marlboro site were simply clearing out unneeded medications; some were also clearing out memories.

Myron Gerchak, 66, of Marlboro brought cancer drugs his wife, Caroline, who died Oct. 20 at 62, had used. "I didn't want them around the house," Gerchak said.

Nadene Re, 50, of Freehold Township brought in drugs that her husband, Steve, a cancer survivor, no longer needs. "I'm happy to say he doesn't have to take them anymore," Re said.

At the end of the four hours in Marlboro, six boxes — 3 feet by 1 foot by 1 foot in size — were filled almost to the top. On Wednesday, the DEA is to announce the results of what was rounded up statewide, Collier said.

by David A. Fahrenthold, Washington Post, 11/11/2009

Pollutants that mimic natural hormones have created a "toxic stew' in the Potomac River, altering the sexual development and the immune systems of fish, a local nonprofit warned in a report Wednesday.

In its third annual "State of the Nation's River" report, the Potomac Conservancy focused on concerns first raised in 2003, when fish began dying in large numbers in Potomac tributaries like the Shenandoah River.

As scientists investigated those fish kills, they found that male bass around the Potomac watershed were growing eggs.

The report says it appears that chemicals -- it's still not certain which ones -- in the water are interfering with the hormones that guide development in the fish. It said that potential suspects include animal hormones from manure, washing off farm fields in the rain, or human hormones and pharmaceuticals that are flushed out with treated sewage.

It seems likely, the report said, that the cause is not a single chemical, but a mixture whose components may be different around the river. Pesticides might dominate in rural areas, for instance, and human hormones downstream of a sewage plant.

Hedrick Belin, the conservancy's president, said that the best solution to the problem was to try to keep these chemicals out of the water in the first place. That, he said, could entail increased testing to figure out which chemicals have hormone-mimicking properties, or installing new measures to keep animal waste from washing downstream.

The report said it's also unclear what these chemicals mean for the health of people in the Washington area, where the Potomac is the original source of much of the region's tap water.

Hormone-mimicking chemicals "don't set our river on fire. They don't wash up on shore. We're not seeing them, we're not able to smell them," Belin said. "But the intersex fish . . . is a clear signal that something is wrong."

Press Release: Weakfish Management Board, 11/3/2009

Newport, Rhode Island – The Commission’s Weakfish Management Board approved measures to reduce exploitation by over 50 percent in both the recreational and commercial sectors. Addendum IV requires states to implement a one fish recreational creel limit, 100 pound commercial trip limit, 100 pound commercial bycatch limit during closed seasons, and 100 undersized fish per trip allowance for the finfish trawl fishery. All other management measures previously adopted to conserve the stock and reduce bycatch remain in effect.

The Board’s action comes in response to the stock status of weakfish. A recent peer-reviewed assessment found the weakfish stock to be depleted, with spawning stock biomass estimated to be three percent of an unfished stock, well below the 20 percent threshold and 30 percent target reference points also approved by the Board as part of Addendum IV. The decline in biomass reflects a sustained rise in natural mortality after 1995, rather than fishing mortality which has been modest and stable over the same time period.

“The Board received a significant amount of public comment supporting a coastwide moratorium. In recognition of this, it chose to implement measures that would discourage directed fishing, limit bycatch mortality, and ensure that critical sampling programs remain on track,” stated Board Chair Roy Miller.

While the decline appears to have resulted from a change in the natural mortality of weakfish in recent years, it is further exacerbated by continued removals by commercial and recreational fisheries. However, given the high mortality levels, the stock is also unlikely to recover rapidly.

The Addendum’s measures are intended to reduce the level of harvest without creating a large amount of discards.