Saving Seafood

  • Home
  • News
    • Alerts
    • Conservation & Environment
    • Council Actions
    • Economic Impact
    • Enforcement
    • International & Trade
    • Law
    • Management & Regulation
    • Regulations
    • Nutrition
    • Opinion
    • Other News
    • Safety
    • Science
    • State and Local
  • News by Region
    • New England
    • Mid-Atlantic
    • South Atlantic
    • Gulf of Mexico
    • Pacific
    • North Pacific
    • Western Pacific
  • About
    • Contact Us
    • Fishing Terms Glossary

New York Sues U.S. Dept. of Commerce Over Fluke Allocation

October 15, 2019 — SEAFOOD NEWS — In the most recent salvo of a lengthy battle, New York’s Department of Environmental Conservation sued the Department of Commerce for maintaining the annual allocation of summer flounder to the state, despite a well-documented stock migration from the mid-Atlantic to off the shores of NY’s Long Island.

“It is unjust that New York’s fishing communities continue to be subjected to outdated restrictions on a key source of their livelihoods, which is why we are challenging this quota,” said New York’s Attorney General Letitia James. “Previous years of limiting commercial fluke fishing have shown us that the federal government’s reliance on erroneous data violates federal fisheries law and stunts commercial growth in the state. My office will continue to fight for fair treatment of those who depend upon on our commercial fishing industry.”

The suit, filed on October 10, charges the DOC of violating the Magnuson-Stevens Act (MSA) and the Administrative Procedures Act by not responding to the stocks northward migration over the years and instead relying on outdated allocation shares.

Summer flounder is co-managed by the Mid-Atlantic Fisheries Management Council and the Atlantic States Fisheries Commission for inshore and offshore waters in North Carolina, Virginia, Maryland, Delaware, New Jersey, New York, Rhode Island, Connecticut, Massachusetts, New Hampshire, and Maine.  Allocation to all 11 states has been based on historical catch data from 1980-89, data which New York’s DEC says are “obsolete.”

Allocation shares give 27.5% to North Carolina, 21.3% to Virginia, 16.7% to New Jersey, 15.7% to Rhode Island; 7.7% to New York, 6.8% to Massachusetts, with the remaining 5% to Connecticut, Maryland, Maine, Delaware, and New Hampshire.

That puts 5.6 mlbs of summer fluke landings at ports in North Carolina and Virginia while only .88mlbs at ports in New York, “even though the center of the biomass of summer flounder—and commercial fishing activity—is off Long Island,” states the suit.

“New York’s commercial fishing industry is a critical economic driver that has been held back by outdated federal restrictions for decades,” Governor Andrew Cuomo said. “After numerous attempts to work with the federal government to adjust this unfair quota, we’re forced to make our case through the courts to protect the hardworking men and women of this industry. We will not back down until these unreasonable limits on New York’s fishing industry are made right.”

“In the more than 30 years since those data were collected, the center of the summer flounder stock has shifted significantly northeast to the waters off New York’s coast,” wrote Plaintiff Basil Seggos, Commissioner of the New York State Department of Environmental Conservation (DEC).

“Boats from North Carolina and Virginia—states which have significantly larger quotas than New York predicated on the now obsolete landings data derived from the vastly different fishery of the 1980s—routinely travel hundreds of miles to waters off Long Island, fish, and then return hundreds of miles back to land their catch.

“Long Island-based boats have a far shorter trip to the prime fishing grounds but are constrained by New York’s small allocation—based on the same obsolete data—to return with far fewer fish than their southern counterparts.  To eke out a living, some New York boats have had to purchase North Carolina or Virginia licenses, catch summer flounder off Long Island, then sail hundreds of miles south to land their catch.”

The suit claims the management actions taken by DOC are inconsistent with four National Standards in the MSA: National Standard 2, which calls for “best scientific information” to be used in management decisions; NS 4, which prohibits discrimination between residents of different states; and NS 5 and 7, which require efficiency in the use of fishery resources and to minimize costs where practicable.

The suit asks the court to partially vacate the 2020–2021 Specifications Rule by invalidating New York’s quota and partially vacate the 1993 Allocation Rule by invalidating New York’s allocation and remand the Rules to Commerce for further proceedings.

Commercial landings of summer flounder peaked in 1984 at 37.77 million pounds and reached a low of 5.83 million pounds in 2017. Total ex-vessel value in 2018 was $25.27 million, resulting in an average price per pound of $4.11

The Council and ASFMC recently approved increases in quota for all the states if the coastwide commercial quota exceeds 9.55mlbs. In that case, NY would get 12.375% of the additional quota, as would six other states. But the modification will not be effective, if approved, until January 1, 2021.

The stock for summer flounder spawning females is at 98 million pounds, but recruitment is low. In addition, annual removals are above what the stock can currently replace, so forecasts are for declining abundance.

Recent changes in accounting for sport landings have also increased those removals historically.

The next benchmark stock assessment is tentatively scheduled for 2021.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

NEWSDAY: New York right to angle for fairer fluke catch

February 5, 2019 — The state’s pursuit of fair quotas for New York’s commercial fluke fishery has been its own white whale story.

The hunt has been futile, and it’s lasted for years. Thankfully, officials have not lost their passion for reeling in a sensible solution. We applaud Attorney General Letitia James and Gov. Andrew M. Cuomo for filing a lawsuit against the federal government demanding more equitable quotas. The evidence is entirely on New York’s side.

The quotas, set by federal regulators in 1993, were based on flawed and incomplete data that underreported the amount of fluke caught by New York’s commercial fishery in the 1980s. The quotas left New York fishers utterly unable to compete with their peers from other states. New York was allotted 7.6 percent of the entire Atlantic Coast fluke catch. Outrageously, Rhode Island was granted 15.7 percent, New Jersey 16.7 percent, Virginia 21.3 percent, and North Carolina 27.4 percent.

Read the full opinion piece at Newsday

New York files suit over low commercial fluke quota

January 15, 2019 — New York State has filed suit against the Trump administration to officially contest the state’s “unfair” share of the federal quota for fluke,  state Attorney General Letitia James and Gov. Andrew M. Cuomo announced Monday.

The suit follows release of December 2018 allocations for fluke that the state said remained disproportionately small and based on “inaccurate and outdated” fishing data, James said in a statement.

Cuomo had first said the state would sue in 2013, but as recently as last year refrained from doing so as it attempted other remedies, including a petition filed with the federal government. “The message is loud and clear: we will fight this unfair quota until New York’s access to summer flounder is consistent with national standards,” Cuomo said in a statement.

Hundreds of  Long Island commercial fluke fishermen have for decades decried New York’s share of the commercial fluke quota, which stands at just 7.6 percent, compared  with 21.3 for Virginia and 27.4 for North Carolina.

Read the full story at Newsday

Recent Headlines

  • Scientists did not recommend a 54 percent cut to the menhaden TAC
  • Broad coalition promotes Senate aquaculture bill
  • Chesapeake Bay region leaders approve revised agreement, commit to cleanup through 2040
  • ALASKA: Contamination safeguards of transboundary mining questioned
  • Federal government decides it won’t list American eel as species at risk
  • US Congress holds hearing on sea lion removals and salmon predation
  • MASSACHUSETTS: Seventeen months on, Vineyard Wind blade break investigation isn’t done
  • Sea lions keep gorging on endangered salmon despite 2018 law

Most Popular Topics

Alaska Aquaculture ASMFC Atlantic States Marine Fisheries Commission BOEM California China Climate change Coronavirus COVID-19 Donald Trump groundfish Gulf of Maine Gulf of Mexico Illegal fishing IUU fishing Lobster Maine Massachusetts Mid-Atlantic National Marine Fisheries Service National Oceanic and Atmospheric Administration NEFMC New Bedford New England New England Fishery Management Council New Jersey New York NMFS NOAA NOAA Fisheries North Atlantic right whales North Carolina North Pacific offshore energy Offshore wind Pacific right whales Salmon South Atlantic Virginia Western Pacific Whales wind energy Wind Farms

Daily Updates & Alerts

Enter your email address to receive daily updates and alerts:
  • This field is for validation purposes and should be left unchanged.
Tweets by @savingseafood

Copyright © 2025 Saving Seafood · WordPress Web Design by Jessee Productions