FISHERIES MANAGEMENT & LEGISLATIVE
REPORT
By Tom Fote
(from Jersey Coast Anglers
Association - November
1995 Newsletter)
STRIPED BASS
ASMFC MEETING WEEK
SCUP
ASMFC 54th Annual
Meeting Summary
ISFMP
Actions on Atlantic Coastal Fisheries
ISFMP POLICY
BOARD
WEAKFISH
SHAD
& RIVER HERRING
AMERICAN LOBSTER
TAUTOG
AMERICAN EEL
ASMFC
Bestows David H. Hart Award Upon David G. Deuel
Advisory
Panel Process
ASMFC
Adopts Strong Positions on Fisheries & Habitat
Legislative Issues
Clean Water
Act
EPA Authority
USFWS/NOAA
Related Actions
Magnuson
Fishery Conservation and Management Act
Endangered
Species Act
Atlantic
Coastal States Ratify Historic Coastwide Cooperative Marine
Fisheries Statistics Program
In the past month I have attended the 54th
Annual Meeting of the Atlantic States Marine Fisheries Commission
(ASMFC) and the American Sportfishing Association’s Annual
Meeting. The ASMFC has issued a good press release summarizing
the 54th Annual Meeting and I have included that in this
newsletter. I was elected the Chairman of the Governor’s
Appointees which gives me more duties on the Policy Board and the
Executive Committee.
There have been significant changes since I
attended my first meeting in 1988; the process is more open
allowing for greater public participation. Twelve of fifteen
Governor’s Appointees were in attendance, the best showing I
can remember. Though problems remain, I am pleased with how far
the Commission has come.
Interest in working on marine issues remains
high among the general membership of ASA. Many manufacturers of
freshwater tackle recognize that saltwater issues effect them as
well and are becoming more involved. They realize that there is
huge growth potential in salt water market. There will be a
regional meeting of the Northeast Regional Council of ASA on
December 1st and 2nd at the Hershey Motel, 1415 Boulevard,
Seaside Heights, NJ. This meeting will cover striped bass,
bluefish, and the workings of the Atlantic States Marine
Fisheries Commission. On December 3rd JCAA and ASA will sponsor a
tuna meeting at the same location. For more information contact
ASA, Jay Arthur at 703-519-9691.
STRIPED BASS
On November 7th and 13th there were two
additional hearings on opening the EEZ for striped bass fishing.
The turn out was phenomenal and a good indication that the
recreational and commercial public are involved in the process.
In my comments at the second hearing I emphasized the importance
of closing legal loopholes. NJ and parts of NY are closed to the
commercial harvesting of Striped Bass because of public health
standards for PCBs. By opening the EEZ without safeguards similar
to shellfish transport laws, are we also opening the sale of
these contaminated fish in other commercial markets? The public
has the right to assume that all fish sold commercially meet the
FDA requirements. NMFS had not considered this essential point.
Commercial, recreational and environmental spokespersons were
able to discuss the importance of not allowing category 2
materials at the mud-dump and re-authorization of the Clean Water
Act. The commercial, recreational and environmental community
were all in agreement that no contaminated material should
be dumped in the ocean and will work together to support Governor
Whitman on this issue. The Governor has been subject to intense
pressure to change her decision and allow the Port Authority to
dump contaminated material in the ocean. She needs to hear from
all of us, loud and clear, that we support her strong
environmental stand on this issue. The commercial and
recreational communities proved we would show up in force for a
striped bass hearing. Now we need to prove we can have the same
showing at the hearings about expanding the mud-dump site and
other environmental hearings.
The Atlantic States Marine Fisheries Commission
meeting week in December (12/5-12/8) will be filled with striped
bass meetings. The Striped Bass Tagging Working Group will meet
to discuss the future of the coastwide tagging program and
improved public outreach. The Stock Assessment Subcommittee will
meet to finalize the details of the virtual population analysis
(VPA) slated for adoption in 1997, determine any effects of the
Chesapeake Bay spring striped bass fisheries, and assess possible
impacts of the Roanoke River fish kill. The Technical Committee
will meet to review proposed changes in state management
programs, and to hear updates from the tagging and stock
assessment groups. Finally, the Management Board will convene to
hear reports form the Technical Committee and to discuss the
proposed changes to state management programs. At the Striped
Bass meeting on December 7th I will discuss my concerns about
opening the EEZ and expect to hear a report on all the coastal
hearings. Do I think the NMFS will open the EEZ immediately? I
think they will respond appropriately and take the necessary time
to insure that the legal loopholes are closed before opening the
EEZ. They appear to realize that the credibility of the NMFS and
the ASMFC could be hurt if the management of Striped Bass is
undermined by opening the EEZ without insuring that existing
regulations are not circumvented. They also need to consider
public health paramount.
SCUP
The Scup Management Plan proves again that the
recreational community takes it on the chin when it comes to the
management process. The Mid-Atlantic Council and ASMFC went to
public hearings with a document that stated that the quota on
scup will be 70% commercial and 30% recreational based on
landings. When the council and commission considered the bycatch
issue, suddenly the quota was changed from a 70/30 split on
landings, we got a 72/28 split on catch. It again proved the
council and commission will not deal seriously with the bycatch
issue and will continue to reward the people who cause the
problem. This fishery was truly a subsistence fishery, providing
a dietary supplement for low income families. Now we have taken
that away from them by not addressing the bycatch issue. These
people fish from dock, piers and the shore. Unless we insure the
abundance of this resource and not lose it through bycatch, they
lose this harvest.
ASMFC MEETING
WEEK
This meeting will be held Tuesday 12/5 -
Thursday 12/7 at the Sheraton Tara Hotel Braintree, 37 Forbes
Road, Braintree, Massachusetts, 617-848-9699. Meetings include
Atlantic Herring Section, Lobster Advisory Panel, Lobster
Management Board, Striped Bass Stock Assessment Subcommittee,
Striped Bass Management Board, Striped Bass Tagging Working
Group, Striped Bass Technical Committee, Tautog Management Board,
Weakfish Advisory Panel, Weakfish Management Board, and Winter
Flounder Management Board. All I have is a draft agenda so to
find out exactly when each meeting will take place call the ASMFC
at 202-289-6400.
ASMFC 54th Annual Meeting Summary
ISFMP Actions on Atlantic Coastal Fisheries
From October 29 to November 2, 1995, the
Atlantic States Marine Fisheries Commission (Commission) held its
54th Annual Meeting in Charleston, South Carolina to discuss its
current and upcoming management actions on the 18 species it
manages, including weakfish, shad and river herring, American
lobster, tautog, and American eel. Following are summaries of the
discussions and actions taken with regard to these species.
ISFMP POLICY
BOARD
The Commission's Interstate Fisheries
Management Program (ISFMP) Policy Board met in Charleston, South
Carolina to set the direction of the program for the upcoming
year, as well as addressing other questions affecting marine
fisheries management on the Atlantic coast. Highlights of the
Policy Board meeting include: (1) approving the 1996 Action
(work) Plan for the ISFMP to finish initial fishery management
plans (FMPs) or amendments, for weakfish, tautog, bluefish,
summer flounder, scup, black sea bass, and shad & river
herring. It was also determined that plans or amendments for the
management of American lobster, American eel, Atlantic sea
herring, and northern shrimp will be initiated over the next
year..
The Policy Board approved changes to the ISFMP
Charter, its guiding standards and procedures document, to
require FMPs to address: (1) protected species issues as they
affect Atlantic Coast fisheries, (2) socio-economic concerns, and
(3) specific suggestions to the National Marine Fisheries Service
(NMFS) regarding compatible management in federal waters (three
to 200 miles from shore). All three of these changes will involve
increased coordination with federal agencies, universities and
fishermen. None of the measures will involve strict mandatory
actions for the states but instead will provide a descriptive
overview, recommendations and guidelines in these areas. The
amended Charter will also provide for the appointment of
economists, social scientists and protected species specialists
to the Commission's species technical committees and plan
development/review teams.
WEAKFISH
On November 2, the ASMFC (Commission) voted to
find the State of Maryland out of compliance with Amendment 2 to
the Fishery Management Plan for Weakfish.
Amendment 2, an interim measure designed to
stabilize recent drastic declines of weakfish, was originally
passed by the Commission in October 1994. The specific measure
with which Maryland was found out of compliance came into effect
on July 1, 1995 and says, "each state from New Jersey
through North Carolina must implement appropriate mesh size
restrictions in gill nets and finfish trawl nets in appropriate
times and areas to achieve 75 percent escapement of that state's
minimum size weakfish." The minimum mesh size (inside
measurement) to allow 75 percent escapement of a 12 inch weakfish
is 3 :3/4 inches for diamond mesh and 3-3/8 inches for square
mesh. Maryland's otter trawl fishery presently has a three-inch
minimum mesh size (inside measurement) for both diamond and
square mesh otter trawl nets.
The Atlantic Coastal Fisheries Cooperative
Management Act (Atlantic Coastal Act), passed late in 1993,
mandates a cooperative state/federal program to conserve and
manage valuable coastal fisheries. The law directs the Commission
to prepare and adept FM Ps. It also imposes an obligation on each
state covered by a FMP to implement and enforce the FMP's
regulations in state waters, or else face the possibility of a
federal moratorium on fishing for the affected species in that
state.
Under the Atlantic Coastal Act, the Commission
must now send letters to the Secretaries of Commerce and Interior
notifying them of the Commission's determination of
non-compliance. Upon receipt of the letter, the Secretary of
Commerce has 30 days to review the Commission's findings. If the
Secretary of Commerce concurs with the Commission's findings, a
moratorium on fishing in the weakfish fishery must be instituted
in Maryland state waters within six months of the Secretary's
declaration of non-compliance. A moratorium can be avoided if
Maryland implements and enforces the minimum mesh size
requirements or an equivalent conservation step.
The Weakfish Management Board also took action
on development of Amendment 3 to the FMP. Amendment 3 is designed
to rebuild weakfish stocks to their historic range and abundance.
The Board discussed many options for inclusion in a public
hearing document for Amendment 3, some of which include: a
three-year rebuilding schedule, a uniform minimum 12-inch size
limit, closed seasons and areas, state by state quotas, and
reduction of bycatch. The draft public hearing document is
scheduled for approval in early December and will likely go out
to public hearing in member states during the month of January.
Amendment 3 is tentatively scheduled for approval in March 1996.
For more information, contact Frank Lockhart,
Fishery Management Plan Coordinator at (202)289-6400, ext. 317.
SHAD
& RIVER HERRING
The Commission has concluded its four public
hearings on interim shad management measures, and has decided to
lock in current American shad regulations through next spring.
At an October 5 meeting in Alexandria,
Virginia, the Commission's Shad and River Herring Management
Board had voted, as an interim measure, to require all states
(Maine through Florida) to leave existing or more restrictive
shad regulations in place through spring of 1996. Anecdotal and
scientific information indicated that some east coast stocks of
American shad may be declining or severely depressed, and the
Board wanted to ensure the population's health until a complete
stock assessment and management plan revision could be finished.
Under Commission rules, four public hearings then had to be held
along the coast to determine public opinion on the proposal.
The Board, made up mostly of state marine
fishery directors, met on October 31 in Charleston, South
Carolina to review public comment and make a final decision on
whether to limit next spring's American shad fishery. In general,
public comments were ambivalent about the interim regulations:
however, the Commission's Shad and River Herring Advisory Panel,
made up of commercial and recreational fishermen, asked for more
restrictive regulations to be put in place. In the end, the Board
voted to uphold their October 5 decision and extend it through
July 5, 1996.
For more information, please contact: John
Field, Anadromous Species Coordinator at (202)289-6400, ext. 301.
AMERICAN LOBSTER
On October 31, the Commission's American
Lobster Management Board unanimously voted to assume the lead
role in coordinating American lobster management with the fishing
industry and other users. Furthermore, the Board voted to urge
the National Marine Fisheries Service (NMFS) to make no further
changes to the federal lobster management program until the
states adopt a course of action that the federal government can
support. Both of these motions were previously conveyed to NMFS ~
an October 17, 1995 letter to Northeast Regional Director Dr.
Rosenberg.
For more information, contact: Frank Lockhart,
Fishery Management Plan Coordinator at (202)289-6400, ext. 317.
TAUTOG
The Tautog Management Board met on October 31
to discuss the Draft Fishery Management Plan for Tautog. The
Board found that significant changes were necessary, and wished
to review an updated version of the Draft FMP before approving it
for public hearings. Suggested changes include: clarifying the
preferred and alternative management measures; specifying
monitoring requirements by state; and requiring a more
descriptive explanation of the data used to evaluate the
fisheries south of New Jersey. The Management Board will meet
during the Commission's December meeting week (12/4 - 12/7) to
consider approval of the Public Healing Draft.
For more information, contact: John Carmichael,
Fishery Management Plan Coordinator at (202) 289-6400, ext. 318.
AMERICAN EEL
Based on its concern over the growing
exploitation of American eel, the Commission voted to initiate a
Fishery Management Plan for American Eel. The Atlantic coastal
states decided a coordinated, interstate plan could best address
conservation and fishery needs for the resource. Additionally,
the Commission directed Staff to include provisions to address
concerns about current levels of horseshoe crab harvest due to
their use as eel pot bait. To begin the FMP development process,
the Commission will establish an American Eel Management Board,
Technical Committee, Plan Development Team, and Advisory Panel.
The Commission will also organize a symposium on eel biology and
management to provide a foundation of information to begin the
FMP
For more information, contact: John Field,
Anadromous Species Coordinator at (202)2896400 ext. 301.
On November 1, the Atlantic States Marine
Fisheries Commission (Commission) proudly recognized the enormous
commitment of the late David G. Deuel to the conservation and
management of Atlantic coast fisheries. The award was presented
to Dave Deuel's widow, Nina and his daughter, Becky Walden, at
the Commission's 54th Annual Meeting in Charleston, South
Carolina.
Mr. Deuel was employed by the National Marine
Fisheries Service (NMFS) from 1970 until his death in 1994. He
worked tirelessly on the successful restoration of the Atlantic
coastal striped bass resource; laid the foundation for the NMFS
Marine Recreational Fisheries Statistics Survey; and was
instrumental in drafting the language for the Atlantic Coastal
Fisheries Cooperative Management Act. Dave was also an ardent
recreational angler, particularly enjoying surf fishing on North
Carolina's Outer Banks. He holds the world record for a 94-pound
red drum he caught in Avon, North Carolina on November 7, 1984.
In presenting the award to Mrs. Deuel, Richard
Schaefer, last year's award recipient and a good friend and
colleague of David Deuel stated that "David was a visionary,
championing the need to comprehend and measure the magnitude and
impact of recreational fishing at a time when the prevailing view
of this sector's importance was considered inconsequential. His
steadfast and tireless defense of the program [Marine
Recreational Fisheries Statistics Survey] has resulted in its
becoming an integral component of the National Marine Fisheries
Service's mission."
The Commission instituted the "Captain
David H. Hart Award" in 1991 to recognize individuals who
have made outstanding contributions to the betterment of marine
fisheries on the Atlantic Coast. The award is named for the
Commission's oldest and most long-serving member, an appointee
from New Jersey who was dedicated to the advancement and
protection of marine fisheries resources. Past recipients of the
award are: Irwin M. Alperin, long-time Executive Director of the
Commission; Representative Walter B. Jones of North Carolina; Dr.
Edwin B. Joseph, of South Carolina Wildlife and Marine Resources;
and Richard H. Schaefer, Director of the National Marine
Fisheries Service Office of Fisheries Conservation &
Management.
For more information, please contact: Laura
Leach, Director of Finance and Administration at (202)289-640O,
ext. 306.
Advisory
Panel Process
On October 30, the Atlantic States Marine
Fisheries Commission reviewed its advisory panel process, which
integrates public and user group participation and input into the
Interstate Fisheries Management Program. Present at the meeting
were members of the Commission's Committee on Advisors, composed
of state legislative and governor's appointees to the Commission,
and the Advisory Committee, composed of the Chairs of the
Commission's various species Advisory Panels.
In general, the Commission found that its
advisory panel process has taken great strides over the last two
years. Commercial and recreational fishermen and the public have
become an integral component of the Commission's fisheries
management planning process. However, there is much that can and
should be done to further improve and strengthen the process. For
example, the Commission must do a better job of ensuring that the
land-based side of fisheries (i.e., dealers, marketers, and
processors) are adequately represented on its advisory panels. In
addition, there must be greater communication among the
Commission's species management boards and their advisory panels,
not only in terms of species-specific issues but also in terms of
the advisory panel process and how it can be improved.
Damon Tatem, a recreational representative from
North Carolina, and Patricia Jackson, a conservationist from
Virginia, were elected by the Advisory Committee as its first
Chair and Vice-Chair, respectively . The others members of the
Advisory Committee are Dusty Rhodes, Chair of the Bluefish
Advisory Panel, and Ernest Bowden, Chair of the Weakfish Advisory
Panel. John Norton, a processor from Maine, was also at the
meeting representing the Northern Shrimp Advisory Panel, until a
Panel Chair is elected.
The Commission's Advisory Committee was
formally established in 1993 to: (1) 'advise the Commission
concerning carrying out its mission to promote the better
utilization of the fisheries, marine, shell and anadromous, of
the Atlantic seaboard by the development of a joint program for
the promotion and protection of such fisheries, and by the
prevention of the physical waste of the fisheries from any
cause," and (2) "to provide greater public input into
the development and monitoring of fishery management plans under
the Commission's Interstate Fishery Management Program (ISFMP),
and into the formation and carrying out of the Commission's other
programs."
At this meeting, the Commission also reviewed
and approved 20 new nominations to its Advisory Panels for
Atlantic Croaker, American Lobster, Northern Shrimp, Weakfish,
Striped Bass, Shad & River Herring and Bluefish.
ASMFC Adopts Strong Positions on Fisheries &
Habitat Legislative Issues
On November, 2, 1995, the Atlantic States
Marine Fisheries Commission adopted 29 motions to protect and
sustain Atlantic coastal fisheries and habitat at its 54th Annual
Meeting; in Charleston, South Carolina. Adoption of these
positions followed the recommendations of the Commission's
Legislative Committee which convened three days earlier. A brief
summary of the most significant actions taken follows.
Clean Water Act
In its first action, the Commission strongly
opposed two congressional attempts to weaken water quality
protections currently under the Federal Water Pollution Control
Act, commonly known as the Clean Water Act (CWA).
The House version of the bill, H.R. 961, would
reverse protections for water quality and fisheries habitat
currently afforded under the Act by: (1) replacing some
conservation provisions of current law with provisions allowing
more flexibility in waste disposal; (2) mandating the performance
of cost/benefit analyses in conjunction with new regulatory
proposals; (3) transferring primary authority over wetlands
management (including wetlands designation) from the
Environmental Protection Agency (EPA) Administrator to the
Secretary of the Army (Army Corps of Engineers); (4) requiring
the designation of wetlands into three categories (critical,
important, and not necessary for conserving crucial habitat); (5)
allowing landowners to be compensated by the U.S. Fish and
Wildlife Service for taking critically-designated habitat; and
(6) requiring federal; agencies to use the least expensive method
of dredge disposal.
The Senate version of the bill, S. 851, which
is currently under review, would reauthorize and amend only
Section 404, the wetlands portions of the CWA. The bill is
similar to the wetlands provisions of H.R. 961 in that it would
categorize wetlands into three categories and transfer authority
over wetlands protection from the EPA to the Army Corps of
Engineers. The Legislative Committee met jointly with the
Commission's Habitat Committee to develop draft positions on
these issues.
In other habitat related news, the Commission,
through its Habitat Committee, identified dredging as one of the
primary environmental issues of concern to fishery managers, and
developed a workgroup to determine what role the Commission can
play in assisting fishery managers with this issue.
EPA Authority
In addition to amendments to the CWA, the
Commission opposed the legislative riders attached to H.~. 2099,
legislation to fund ~e EPA and other federal agencies for fiscal
year 1996. Seventeen legislative riders attached to the House
bill and seven riders attached to the Senate version would limit
or strip EPA's authority to fulfill its mandate and implement
provisions of the CWA. Concurrently, in a motion to go to
conference on the bill, the House decided to cut the seventeen
riders from its version of the bill by a 227 to 194 vote.
USFWS/NOAA
Related Actions
The Commission ,reaffirmed its position in
support of adequate funding for the fisheries programs o the U.S.
Irish and Wildlife Service (USFWS) and the National Oceanic and
Atmospheric Administration (NOAA) in fiscal year 1996. Further'
the Commission adopted a resolution to support continued finding
for five NOAA Corps vessels which conduct important stock
assessments of Atlantic species. The Commission acknowledges the
scientific importance of using these five vessels to ensure the
integrity and certainty of these stock assessments. In support of
the Department of Commerce, the Commission opposed any
legislation which would abolish this cabinet-level agency.
Through an adopted resolution, the Commission
voiced strong opposition to congressional budget proposals which
may undermine the integrity of the Sportfish Restoration Fund
Program (Wallop-Breaux).
The Commission recommended that the Boating
Safety Account of the Sportfish Restoration Fund be a permanent
appropriation to the U.S. Coast Guard.
Magnuson Fishery Conservation and Management Act
The Commission modified its position on the
reauthorization of the Magnuson Fishery Conservation and
Management Act by adding language which would allow bycatch
reduction measures to be required in the shrimp fishery in
federal waters of the south Atlantic and by adopting a position
endorsing transferability of individual quotas in suitable
situations. The intent of both amendments were adopted by the
House during floor passage of the Magnuson Act on October 18,
1995.
Endangered
Species Act
Finally, the Commission endorsed the position
of the International Association of Fish and Wildlife Agencies
(IAFWA) on the reauthorization of the Endangered Species Act
(ESA). The IAFWA position affirms the importance of preventative
management; affords greater flexibility and responsibility to
state fish and wildlife agencies for implementation of the ESA;
focuses emphasis on de-listing of protected species through sound
recovery programs; and allows for the use of positive incentives
for landowners who agree to certain habitat conservation
measures.
For more information on these issues or on any
other the Commission's legislative positions, please contact:
Lori Rosa, Special Assistant at (202)289-6400, ext. 314.
Atlantic Coastal States Ratify Historic Coastwide
Cooperative Marine Fisheries Statistics Program
A Memorandum of Understanding (MOU) for an
Atlantic Coastal Cooperative ,Statistics Program (ACCSP) was
entered into by state and federal partners in attendance on
November 2, 1995 at the Atlantic States Marine Fisheries
Commission's 54th Annual Meeting in Charleston, South Carolina.
The partners to this agreement are the fifteen Atlantic coast
states, the Potomac River Fisheries Commission, the District of
Columbia, the National Marine Fisheries Service, the United
States Fish and Wildlife Service, and the New England,
Mid-Atlantic and South Atlantic Fishery Management Councils.
The memorandum expresses the intent of the
partners to design and implement a cooperative state-federal
marine and coastal fisheries statistics program that adequately
meets the needs of fisheries managers, scientists; and fishermen.
In signing the memorandum, the partners not only recognize their
mutual interdependence in compiling fisheries dependent and
fisheries independent databases that meet both their short- and
long-term information needs, but they also commit to each other
their best efforts towards designing and conducting a program to
address these needs in an efficient and practical manner.
At the signing ceremony for the memorandum,
Gordon Colvin, Commission Chair, stated, "The signing of
this memorandum represents a great step forward in the
development of this much-needed coastwide statistics program. The
program will significantly increase the ability of its partners
to collectively conserve and manage our marine resources. One of
the major goals of his program is to develop a database that is
credible not only to fisheries scientists and managers but also
to commercial and recreational fishermen, who are most
significantly impacted by its use."
A cooperative, coordinated statistics program
will provide many benefits to not only fisheries managers, but
also to the fishing industry, recreational and commercial
fishermen, and the general public. Fisheries managers will be
provided more timely and accurate data, thereby improving stock
assessments and fisheries management decision-making. The program
will ensure the compatibility and continuity of state and federal
databases, and provide a forum for concerned agencies to plan,
coordinate, and evaluate fisheries data collection and data
activities. By eliminating duplication among various surveys and
reporting systems, the ACCSP will reduce reporting requirements
on fishermen, dealers and management agencies. Outreach programs
will be initiated to gather input and provide information to
fishermen, dealers, fishery agencies, and the general public.
An Atlantic Fisheries Statistics Coordinating
Council will be formed to oversee the design and implementation
of the ACCSP with its first meeting tentatively scheduled for
January 1996, during the Commission's meeting week in Charlotte,
North Carolina. In December the Commission will convene a
workshop for recreational and commercial industry representatives
in order gain public and industry input for program design and
implementation.
For more information, please contact: Dr. Lisa
Kline, Director of Research and Statistics at (202~289-6400, ext.
305.
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