Conservative Argument for Striped Bass Law Doesn't Stick

Published in the Asbury Park Press 02/27/05
By John Geiser

(from Jersey Coast Anglers Association April 2005 Newsletter)

One of the arguments that has surfaced to support the present striped bass law is that it is more conservative than the other two popular options.

In other words, the measure that allows the harvest of a 24- to less than 28-inch striped bass benefits the stocks more than two fish at 28 inches and up or one fish 26 to less than 30 inches and one fish 33 inches or greater.

Thomas P. Fote, a member of New Jersey's delegation to the Atlantic States Marine Fisheries Commission, said the scientists he has talked to do not agree with this position.

"I keep hearing that the current regulations are more conservative than two fish at 28 inches and over," he said. "This is not true."

According to the tables developed by the ASMFC's technical staff, the conservation equivalencies for the two options are in the same statistical range, he said.

"Some tables show a greater conservation by a slight percentage," he said. "But anyone who knows statistics and understands degree of error, knows there is really no difference statistically between the two options."

The scientists pored over the numbers for months before recommending a coast-wide standard of two fish at 28 inches or above. Conservation equivalency is built into most ASMFC management plans, and the six options approved by the technical committee that were offered for public comment by the state Division of Fish and Wildlife were statistically equal.

"The current regulations allow the harvest of more fish than the proposed change to two fish at 28 inches," Fote stressed, "but both regulations are designed to have the same impact on the spawning stock biomass."

Assemblyman Robert J. Smith, D-Gloucester, and chairman of the key Assembly Agriculture and Natural Resources Committee which hears all striped bass bills, said he will not support any bill aimed at changing the current striped bass law.

His argument is that the commission plans to release an updated stock assessment in August, and it is possible that it may show the striped bass is being overfished, and it would not be prudent to make any changes until this is known.

"The best and brightest scientists on the ASMFC's striped bass technical committee cannot say with certainty that overfishing is not occurring and that the population is not overfished," he said. "It just doesn't make any sense to change the law with this new stock assessment coming up."

Smith introduced the legislation last June that ultimately became the law of New Jersey, and he did it two months before the ASMFC's technical committee delivered its annual stock assessment because a new law had to be in place to avoid a moratorium on the state's fishery.

The ASMFC's August analysis of the fishery was introduced with much rumor and outside concern about the status of the stocks and possibly an announcement in November that a cutback might be necessary. There was no cutback and the coastwide standard remained at two fish at 28 inches.

Fote said he keeps hearing that a "special" assessment will be released this August.  "There is nothing "special' planned," he said. "The stock assessment team always meets in August to determine what happened the previous year and then issues a report that is distributed at the fall meeting.

"There was controversy last year because the Virtual Population Analysis and the tagging studies didn't match. The VPA showed the harvest of striped bass was above the agreed-to limits. The tagging studies did not produce the same results.

"The scientists are still trying to correlate and examine the different figures and cannot give a clear response as to when the data will be available."

Fote explained that the ASMFC produces new data every year, and the data can be as controversial as the regulations.

Assemblyman Sean T. Kean, R-Monmouth, believes that his bill (A-3790) to change the state law to two fish at 28 inches and above makes sense for many reasons.

It would be a simple, easy-to-follow law that all anglers, from veterans to tourists, could understand. It would eliminate the confusion and conflict among anglers fishing Raritan and Delaware bays because it would be in conformity with the laws of Pennsylvania, Delaware and New York, and it is supported by the majority of New Jersey striped bass fishermen.

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