HR:393 -
Striped Bass Gamefish Bill
FISHERIES MANAGEMENT & LEGISLATIVE REPORT
by TOM FOTE
(from Jersey Coast Anglers Association - March 1996 Newspaper)
Director Robert McDowell of Fish & Game will attend the February 27th JCAA general meeting and share with us his view of where the division is headed for ’96 & ‘97. Mr. McDowell will bring additional information in response to questions that are submitted in advance. You may fax (908-506-6975) questions to the JCAA office by Friday, February 23rd. This is an opportunity for your club to speak directly with the director of Fish & Game.
FISH KILLS & OYSTER CREEK POWER PLANT
LOCKING THE BARN DOOR AFTER THE HORSE IS LOOSE
DREDGE MATERIAL MANAGEMENT FORUM
Comments on Amendment 3 to Weakfish Management Plan
Comments on Draft Blackfish Management Plan
JCAA supports two striped bass bills that are currently in Congress. We have been lax about getting all our New Jersey Representatives on these bills. In the past, every member of the NJ delegation was on HR 393. For the most part our Representatives just need a gentle reminder. Please write a letter to your Representative if he or she is not currently listed as a cosponsor. It is particularly disappointing that Richard Zimmer, who is currently running for U.S. Senate, has removed his name as a cosponsor. He should hear from all of us throughout the state. Tell him how disappointed you are with his action and that you consider this is a major betrayal of the recreational community. Listed below are the names of our Representatives who are cosponsors and the names and addresses of those who are not cosponsors.
HR:393 -
Striped Bass Gamefish Bill
Sponsor:
Congressman Frank Pallone
Co-sponsors:
New Jersey; Congressman James Saxton, Congressman Robert Torricelli, Congressman Chris Smith, Congressman Robert Andrews
Connecticut; Congressman Christopher Shays, Congresswoman Barbara Kennelly, Congressman Sam Gejdenson
Texas; Congressman Pete Geren
Maine; Congressman Jim Longley
Indiana; Congressman Mark Souder
New Jersey Delegation missing from HR 393
Congressman Frank LoBiondo, 2nd District, 513 Canon HOB, Washington, DC 20510
Congresswoman Margaret Roukema, 5th District, 2469 Rayburn HOB, Washington, DC 20510
Congressman Robert Franks, 7th District, 429 Canon HOB, Washington DC 20510
Congressman William Martini, 8th District, 1513 Longworth HOB, Washington, DC 20510
Congressman Donald Payne, 10th District, 2244 Rayburn HOB, Washington, DC 20510
Congressman Rodney Frelinghuysen, 11th District, 514 Canon HOB, Washington, DC 20510
Congressman Richard Zimmer, 12th District, 228 Canon HOB, Washington, DC 20510
Congressman Robert Menendez, 13th District, 1730 Longworth HOB, Washington, DC 20510
HR:2655
- Keeps EEZ Closed For 5 Years for the taking of Striped Bass
Sponsor:
Congressman James Saxton
Co-Sponsors:
from New Jersey:
Congressman Chris Smith,
Congressman Frank Pallone
Congressman Robert Torricelli
Congressman Robert Franks
Congressman Rodney Frelinghuysen
Congressman Robert Menendezfrom other States:
Connecticut; Congressman Sam Gejdenson, Congresswoman Nancy Johnson
Alaska; Congressman Don Young
Oklahoma; Congressman Bill Brewster
Tennessee; Congressman John Tanner
Maine; Congressman James Longley
Texas; Congressman Pete Geren
New York; Congressman James Walsh, Congressman Thomas MantonNew Jersey Delegation not on HR 2655
Congressman Frank LoBiondo, 2nd District, 513 Canon HOB, Washington, DC 20510
Congresswoman Margaret Roukema, 5th District, 2469 Rayburn HOB, Washington, DC 20510
Congressman William Martini, 8th District, 1513 Longworth HOB, Washington, DC 20510
Congressman Donald Payne, 10th District, 2244 Rayburn HOB, Washington, DC 20510
Congressman Richard Zimmer, 12th District, 228 Canon HOB, Washington, DC 20510
Congressman Robert Andrews, 1st District, 2439 Rayburn HOB, Washington, DC 20510
FISH KILLS & OYSTER CREEK POWER PLANT
There was another fish kill of striped bass, white perch and other species this winter at the Oyster Creek Power Plant. These fish kills occur because the outflow of the power plant keeps the water temperature at an extremely high temperature relative to the surrounding water. When the power plant shuts down, this water cools at an extremely rapid rate. Striped bass and other species can survive in very low temperature as long as the change is gradual but cannot withstand the sudden, rapid change in temperature created by the power plant. Years ago, the Division of Fish and Game recommended the power plant shut down for their yearly maintenance in November so the fish would not be lured into the warm water and would acclimate themselves to the natural change in water temperature in the bay. The power plant continues to ignore this request. If any fisherman took more than one striped bass a day or took an illegal size fish, he would be fined $100 for each fish. The same consequence would result for violating the rules for taking any other species. The power plant should be responsible for any action which negatively effects the environment. Perhaps it is time to charge the power plant for every fish destroyed in a fish kill by their avoidable actions. There is a solution to this problem. We have worked hard to increase the stocks and a needless fish kill undoes all our hard work.. There will be a meeting with officials from the power plant to address this issue and I will attend. You need to write you state and federal legislators encouraging them to support our efforts.
By the time you read this newsletter, the Council and the Commission will have held the first scoping meeting on Amendment 9. This Amendment is designed to correct some of the problems created by previous amendments. Problems discussed for this Amendment:
LOCKING THE BARN DOOR AFTER THE HORSE IS LOOSE
Have you ever noticed how often we win after the damage is already done? First the dredge spoils decision was overturned by a higher court after the contaminated material was already dumped in the ocean. Now the appeals court has overturned Judge Doumar’s giveaway of 3.1 million pounds of summer flounder to the commercial sector. How do we recoup this loss? The commercial sector should be help accountable for the 3.1 million pounds of summer flounder taken from the resource. In addition, the quota for 1996 was required to reflect this mortality and 40% of this was taken from the recreational community. Not only do we need to reduce the commercial quota by 3.1 million pounds over a period of time but the recreational community’s quota should reflect the 40% reduction taken in 1996. The National Marine Fisheries Service has indicated that they had no choice but to honor Judge Doumar’s decision, but in fact they always had the option to refuse to sign the consent order in 1995 carrying forward the judgment from 1994. If the Secretary of Commerce and the Atlantic States Marine Fisheries don’t take strong remedial action, they will set a terrible precedent that will encourage all fishing interests to play out their displeasure with management plans in front of the friendliest judges to be found, quickly reap the harvest of these decisions before they can be overturned with no fear of the consequences. Another example is Judge Doumar’s decision to stop the moratorium on weakfish harvesting in the EEZ. No matter the eventual outcome of further court challenges, weakfish are being harvested today in direct conflict with the management plan.
The Mid-Atlantic Fishery Management Council will hold public hearings on the Black Sea Bass FMP. The purpose of this Plan is to initiate management of black sea bass under the Magnuson Act in US waters in the western Atlantic Ocean from Cape Hatteras, North Carolina northward to the US-Canadian border. Proposed management measures include a minimum fish size; minimum otter trawl mesh size; commercial quota; recreational possession limit, season, and harvest limit; vessel, dealer, and operator permits; and vessel and dealer reports.
All hearings begin at 7:00 PM except the New York hearing, which begins at 7:30 PM. Written comments may be submitted to David R. Keifer, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115 Federal Building, 300 South New Street, Dover, Delaware 19904-6790 by 2 April 1996.
DREDGE MATERIAL MANAGEMENT FORUM
I have been in contact with the offices of Congressmen Saxton and Pallone about setting up two public information meetings with the EPA and NJ DEP to discuss the mud dump. Representatives on EPA and DEP had asked to come to a JCAA meeting to discuss their proposals but a special meeting will allow more time for presentation and discussion. You will be informed of the dates and times for these meetings.
I cannot believe that we are holding dredge material forum number six. The Forum will be held on February 27, 1996 in the Federal Building located at 290 Broadway ( 2 blocks north of City Hall), New York, New York. The Forum will be held in Room 27A and will begin promptly at 9:45 AM. a phone call to 2 12-637-3796 might get you a reservation. You can also get a copy of the agenda from this number. Registration will begin at 8:45 AM. Handouts will be made available at 8:45 for your review prior to commencement of the Forum. Please allow additional travel time for security check-in at the Federal Building. You must RSVP by February 22 but
Comments on Amendment 3 to Weakfish Management Plan
This position statement was developed and voted on at a full meeting of the Jersey Coast Anglers Association (JCAA) on January 30, 1996. It was passed unanimously. JCAA represents over 80 saltwater fishing clubs with over 30,000 members.
Weakfish have always played an important part in the marine recreational fish industry in New Jersey. During the 1970s and 80s, the Cape May/Fortesque area attracted recreational anglers from all over the country by the tens of thousands to experience the pleasure of being able to catch 10-pound plus weakfish on rod and reel. This brought millions of tourism dollars to the South Jersey economy at a time of year when business was slow. Restaurants, hotels, tackle stores, marinas, party and charter boats, were booked solid when the weakfish run was in progress.
These businesses, and many other ancillary businesses, counted on the weakfish run for their entire year to be profitable. This important fishery was relied upon by tourism and recreational fishing businesses from Rhode Island to North Carolina. The collapse of weakfish stocks forced many small companies to go out of business, with the resulting loss of jobs and the hundreds of millions of tourism dollars spent by anglers to chase this species along its once extensive Atlantic range.
It was the failure of the Atlantic States Marine Fisheries Commission (ASMFC) and the states to act to protect this resource from being over-exploited to a state of collapse by commercial interests. This collapse has caused irreparable damage to shore area tourism and the recreational fishing industry.
The ASMFC Weakfish Management Plan has failed to stem the tide of decline and begin the recovery of weakfish stocks to a level of abundance capable of sustaining a healthy recreational fishery. Amendment 3 continues the present course by failing to ensure the return of the recreational fishery by devaluing historical recreational participation, or by failing to recognize it at all. This amendment, like the plan, unfairly penalizes the recreational community and industry, which was not the cause the problem in the first place.
JCAA will not comment on the small incremental proposals and options in the draft amendment until the following three points are address.
- The plan must fairly re-establish the historical recreational fishery as was done in the Summer Flounder Management Plan. Until this is done, there can be no equitable distribution of the allowable harvest and no further reduction of the recreational catch can be considered.
- A minimum size limit must be set for all harvesters and the plan must ensure no one can harvest fish below that size, as was done in the Striped Bass FMP.
- Weakfish must be managed coastwide and not regionally because of its once extensive north¾ south migration range.
This position statement was developed and voted on at a full meeting of the Jersey Coast Anglers Association (JCAA) on January 30, 1996. It was passed unanimously. JCAA represents over 80 saltwater fishing clubs with over 30,000 members.
On February 1 in Belmar, and February 5 in Cape May, the ASMFC in conjunction with the NJMFC will hold public hearings concerning the ASMFC Draft Fisheries Management Plan for Tautog. The plan proposes a coastwide 14 inch size limit for both commercial and recreational fisheries, and specifies a target catch reduction of 55% over 1991-1993 values. This reduction is expected to be gained through bag limits and/or closed seasons. The Commission preferred alternative institutes this scenario beginning in April 1997.
The initial problem with this Plan is that it is almost entirely based on data from New England, not from New Jersey. The tautog stocks in New England are at historically low levels, and may well justify such a drastic plan. Within the Plan, it states: "The status of the resource from New Jersey to Virginia could not be fully evaluated because of incomplete data." To base a coastwide plan on regional data is foolish, as it allows the ASMFC to make leaps in judgment without a solid statistical background.
The Tautog Management Plan differs from other plans in that it deals with a non-migratory species. Tautog do not migrate north or south as do most other species, but move east or west with water temperature changes. As such, there is no commingling of regional fisheries; e.g., Tautog from Chesapeake Bay do not impact on the New York Bight fishery. This makes the tautog an ideal candidate to be managed regionally, as a plan appropriate for Long Island Sound could be devastating to the fishery in Virginia.
The ASMFC asks for a coastwide 14 inch size limit as a basis for the preferred plans. Again, this is an appropriate action for the New England region, as they traditionally catch a larger fish than we do in New Jersey. In Massachusetts, the average size of recreationally landed tautog is 4.33 lbs. (1991-1993), in Rhode Island the average was 3.40 lbs. During that same time period, the average tautog landed in New Jersey was 2.12 lbs. That weight would equate to a fish of approximately 13-14 inches. A coastwide 14 inch size limit ignores the fact that the historical fishery is based on a fish that size, or slightly smaller. By ignoring this data, the Commission has proved that it is not interested in providing a plan that is acceptable for New Jersey.
The preferred alternative for New Jersey is considered to be one of the non-preferred alternatives to the plan. A north or south split, consisting of a line drawn through Moriches Inlet, is the only way to create a plan to adequately manage a regional fishery. There is sufficient data for the northern sector to manage their fishery at the present time. The southern sector should not be made to fit into a plan that only satisfies the northern region.
In New Jersey, the recreational anglers approached the NJMFC asking for both recreational and commercial tautog restrictions. This led to the current 12 inch size limit in both fisheries. The second phase of the commercial restrictions will feature limited entry, along with a quota based on historical landings from 1982-1991. Initially, this quota will reduce commercial landings by approximately 50%.
The MRFSS data for recreational landings has not taken into account the introduction of the 12 inch size limit. The data from the NJMFC has indicated that the introduction of the limit would reduce the recreational catch by 40%. This reduction would have New Jersey at the level prescribed in the most preferred alternative, f=0.24, 55% reduction.
At the public hearings in May 1995, the representatives from ASMFC indicated that they would allow the states to formulate plans that would reach their objectives. The principals in New Jersey have already achieved that goal. A recreational size limit of 12 inches reduces the recreational catch to prescribed levels while not eliminating any socioeconomic sector of the fishery. A commercial fishery based on limited entry, along with historical quotas, would insure historical participation while reducing the catch to acceptable levels. The New Jersey Tautog Management Plan more than satisfies the objectives of the ASMFC plan, and this state should not be forced to forced to comply with a coastwide plan foreign to this area.
Jersey Coast Anglers Association supports non-preferred management measure A, the north/south split. A non-preferred alternative for purposes of minimum size determination would be a north south regional dividing line at Moriches Inlet, New York. Under this option, the possibility exists for a smaller initial minimum size limit for waters west and south dividing line, phased into a coastwide minimum size limit after a one year compliance transition period.
North/South Regional Split A non-preferred alternative for purposes of minimum size determination would be a north/south regional dividing line at Moriches Inlet, New York (72° 30" N longitude). Under this option, the possibility exists for a smaller initial minimum size limit for waters west and south of this dividing line, phased into a coastwide minimum size limit after a one year compliance transition period.