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Feds threaten shutdown of N.J. fishery as showdown escalates

June 2, 2017 — Call it the Great Flounder War of 2017.

A simmering battle between New Jersey recreational fisherman and the federal agency governing fishing along the Atlantic Coast has now escalated — with potentially disastrous consequences for the fishermen.

In a teleconference on Thursday morning, the Atlantic States Marine Fisheries Commission (ASMFC) officially found New Jersey to be out of compliance with federal regulations. The decision follows months of wrangling between the two sides, casting shadow over the opening of summer flounder (sometimes called fluke) fishing season.

The matter is now headed to U.S. Secretary of Commerce Wilbur Ross for a final decision. If Ross agrees with the recommendation, both recreational and commercial fluke fishing could end up banned altogether in the Garden State.

The clash began in February, when the ASMFC announced stricter rules for fishing fluke coast-wide in order to address overfishing worries. The ASMFC called for a a 19-inch minimum on fishes caught, with a three fish limit per trip over a 128-day season.

New Jersey’s Marine Fisheries Council immediately pushed back and created its own rules as a compromise: a shorter fishing season (104 days from May 25 to Sept. 5 — 24 fewer days than were allowed in 2016), but an 18-inch minimum.

Read the full story at NJ.com

ASMFC Finds New Jersey Out of Compliance with Addendum XXVIII to the Summer Flounder, Scup, and Black Sea Bass FMP

June 1, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

Arlington, VA – The Atlantic States Marine Fisheries Commission has found the State of New Jersey out of compliance with the mandatory management measures contained in Addendum XXVIII to the Interstate Fishery Management Plan (FMP) for Summer Flounder, Scup, and Black Sea Bass. The Commission will notify the Secretaries of Commerce and the Interior of its finding. This action was taken pursuant to the provisions of the Atlantic Coastal Fisheries Cooperative Management Act of 1993. The State of New Jersey has failed to effectively implement and enforce the provisions of Addendum XXVIII to the FMP for Summer Flounder, Scup, and Black Sea Bass. Specifically, New Jersey has not implemented the following regulations required by Addendum XXVIII:

  • Shore mode for Island Beach State Park only: 17-inch minimum size limit; 2-fish possession limit and 128-day open season.
  • Delaware Bay only (west of the COLERG line):   18-inch minimum size limit; 3-fish possession limit and 128-day open season.
  • All other marine waters (east of the COLERG line):  19-inch minimum size limit; 3-fish possession limit and 128-day open season

The implementation of these measures is necessary to achieve the conservation goals and objectives of the FMP to end overfishing of the summer flounder stock. In order to come back into compliance the State of New Jersey must implement all of the above measures. Upon notification by the Commission, the Secretaries of Commerce and the Interior have 30 days to review the recommendation and determine appropriate action, which may include a federal moratorium on fishing for Summer Flounder in New Jersey’s state waters. For more information, please contact Toni Kerns, Director, Interstate Fisheries Management Program, at tkerns@asmfc.org or 703.842.0740.

Senators Booker, Menendez Introduce Bill to Ban Seismic Testing in Atlantic

May 27, 2017 — U.S. Senators Cory Booker (D-NJ), Robert Menendez (D-NJ), Sheldon Whitehouse (D-NJ), Bill Nelson, (D-Fla.), Ben Cardin (D-Md.), Ed Markey (D-Mass.), Maggie Hassan (D-NH), Elizabeth Warren (D-Mass.), Jeanne Shaheen (D-NH), Richard Blumenthal (D-Conn.) and Bernie Sanders (I-Vt.) introduced the “Atlantic Seismic Airgun Protection Act’’ a bill to ban oil, gas and methane hydrate-related seismic activities in the Atlantic Ocean. The bill will prohibit the use of seismic airgun blasting — a disruptive and potentially economically damaging method of surveying offshore oil and gas reserves — in the North Atlantic, Mid Atlantic, South Atlantic, and Straits of Florida.

“Offshore fossil fuel exploration of any kind in the Atlantic poses a direct and serious threat to New Jersey’s economy and environment. My colleagues and I will do everything in our power to protect our coastal communities and those who work in our fishing industry from the potentially disastrous effects of seismic blasting,” said Senator Booker. “Our bill makes it clear that when it comes to offshore oil exploration of any kind, the Atlantic and our coasts are off limits.”

“We are introducing this commonsense legislation because we have a responsibility to be good stewards of our environment, and allowing big oil to use seismic blasting methods that are incredibly disruptive to marine life is a total abdication of that responsibility,” said Senator Menendez. “New Jersey’s fishing industry supports tens of thousands of jobs, and the state is home to one of the largest saltwater recreational fishing industries in the nation. I will continue to fight for New Jersey’s clean coastal waters and rich ecosystems, our small businesses and fishermen who have built and sustained a thriving shore economy against all odds in the wake of Superstorm Sandy, and for all New Jerseyans who know the value of having a clean energy future.”

Booker has been an outspoken advocated for a ban on seismic airgun blasting and other harmful extraction efforts in the Atlantic. In Aug. 2015, Booker sent a letter to the National Oceanic and Atmospheric Administration (NOAA) urging a denial of four seismic survey applications for oil and gas exploration in the Atlantic Ocean. Last month, Booker spoke out against President Trump’s executive order on expediting off-shore drilling, pledging to fight the Administration’s efforts to erode coastal protections from off-shore drilling.

Read the full story at the Cape May County Herald

New Jersey assures fishermen they can fish for summer flounder

May 26, 2017 — In the tumultuous lead-up to the opening of summer flounder season, the state has assured recreational fishermen that the season will start on Thursday with an 18-inch size limit and 3-fish possession limit in place.

In simpler words, fishermen can fish for summer flounder despite a motion Monday by a regional fishery body to not accept New Jersey’s approved regulations.

New Jersey’s Marine Fisheries Council adopted the state’s new regulations last week but a motion to not accept them was made by the Atlantic States Marine Fisheries Commission’s Summer Flounder Management Board on Monday.

In a press release on Wednesday, just hours before the start of the recreational season for summer flounder, the Department of Environmental Protection said any possible federal non-compliance decisions would first need to be voted on by ASFMC’s Policy Board and the full Commission before a finding of non-compliance is sent to NOAA Marine Fisheries for consideration.

Read the full story at the Asbury Park Press

New Jersey’s flounder season starts Thursday with 18-inch limit

May 26, 2017 — The state’s summer flounder season will begin Thursday as scheduled despite an Atlantic States Marine Fisheries Commission board motion Monday to not accept New Jersey’s new rules.

Recreational anglers in state waters will get to keep up to three summer flounder per day that meet the 18-inch minimum-length requirement. The season will run through Sept. 5.

The state Marine Fisheries Council last week adopted the regulations, which they believe achieve the conservation equivalency the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service requested.

“We are going forward with the regulations, because we strongly believe that we have passed regulations that meet the conservation equivalency of the Commission’s proposed quota limits,” state Department of Environmental Protection Commissioner Bob Martin said Wednesday.

Last year, anglers in the state were allowed to keep five fish at 18 inches in the ocean and four fish at 17 inches in the bay.

In February, the Atlantic States Marine Fisheries Commission approved reductions that would have limited New Jersey recreational fishermen to three fish at 19 inches in the ocean and three at 18 inches in the Delaware Bay.

Read the full story at the Press of Atlantic City

Fluke fight finally finished – for 2017

May 24, 2017 — Local fishermen have finally learned what the regulations will be for the summer flounder season in New Jersey. After a very long period of bickering, a compromise has been reached.

For all coastal waters there will be a 3-fish daily limit with an 18-inch minimum size limit. The minimum size in Delaware Bay will be 17-inches while anglers fishing on the beach at IBSP will have a daily limit of two fish at 16-inches. The season will begin on Thursday, May 25, and run until Tuesday, September 5.

In 2016 the summer flounder season ran from May 21 through September 25 with a five fish per day limit and a minimum size of 18-inches. The original proposed restrictions for 2017 called for a 19-inch minimum size and a daily limit of 3 fish.

The NJ Marine Fisheries Council recommended the new rules at a meeting last week, and DEP Commissioner Bob Martin has approved them with a season running from May 25 through September 5.

The regulations adopted by DEP are final but the Atlantic States Marine Fisheries Council did not accept them, and appear to be moving toward New Jersey being in non-compliance.

Although few anglers are pleased at these regulations, it is a compromise from prior statements and a reflection of the work put forth by NJ state officials at the federal level.

The federal government had mandated rules to reduce the total catch by New Jersey recreational anglers. This determination was reached when NOAA announced the stocks of summer flounder had been reduced to unacceptable levels.

The state of New Jersey decided to fight the federal mandate with Governor Chris Christie and the New Jersey Department of Environmental Protection coming out strongly against it. State officials including DEP head Bob Martin met with senior officials from the Department of Commerce and NOAA Fisheries to express their opposition.

Read the full story at the Asbury Park Press

NEW JERSEY: The rules to know for the 2017 fluke & sea bass seasons

May 23, 2017 — After an offseason filled with heated public debate, it’s time for the summer flounder fishing season to actually begin.

At an emergency session last Wednesday the New Jersey Marine Fisheries Council made its recommendation for this year’s regulations, which were approved the following day by Bob Martin, N.J. Department of Environmental Protection commissioner.

The season starts Thursday. The regulations are as follows:

For all N.J. coastal waters

  • 18-inch minimum size limit
  • 3-fish possession limit
  • Open season May 25 – Sept. 5

Delaware Bay and tributaries

  • 17-inch minimum size limit
  • 3-fish possession limit
  • Open season May 25 – Sept. 5

Island Beach State Park (shore fishing only)

  • 16-inch minimum size limit
  • 2-fish possession limit
  • Open season May 25 – Sept. 5

On Friday fishermen can also target black sea bass season. It will be another season of starts and stops. The regulations are as follows:

  • 10-fish possession limit, 12.5-inch minimum size limit, May 26 – June 18
  • 2-fish possession limit, 12.5-inch minimum size limit,  July 1 – Aug. 31
  • 15 fish possession limit, 12.5-inch minimum size limit, Oct. 22 – Dec. 31   

Read the full story at the Asbury Park Press

N.J.’s summer flounder regulations rejected by fishery commission

May 23, 2017 — Four days before New Jersey was set to open its recreational summer flounder season, a regional fisheries management board did not approve the state’s regulations, which were adopted by emergency action last Thursday.

However, it appears fishermen will still be able to fish on opening day, according to state spokespeople, as the issue gets worked out.

Toni Kerns, the director of the Atlantic States Marine Fisheries Commission’s summer flounder interstate fisheries management plan, said the regulations would not meet the harvest reductions voted on by the commission.

In February the commission voted for a nearly 30-percent reduction in the total coastwide harvest of summer flounder from Massachusetts to North Carolina.

To meet the reduction the commission voted on an option that would give New Jersey’s recreational summer flounder fishery a 19-inch size limit, a three-fish bag limit and a 128 day season.

The state put forth a compromise on an 18-inch fish size limit, three-fish bag limit and a shortened season from May 25 to Sept. 5. The state’s Marine Fisheries Council adopted that regulation last week.

Read the full story at the Asbury Park Press

Urban Coast Institute to Research Sediment Contamination in New York Harbor Channels

May 23, 2017 — The following was released by Monmouth University Urban Coast Institute:

The Monmouth University Urban Coast Institute (UCI) has received a $4 million grant from the New Jersey Department of Transportation to work with the Hudson River Foundation and other partners to study sediment contamination levels in New York/New Jersey Harbor.

The research will focus on navigation channels that are periodically dredged by the U.S. Army Corps of Engineers to ensure they’re deep enough for container ships, tankers and other large vessels traveling to and from the Port of New York and New Jersey. Ultimately, the three-year project will help determine whether dredged materials in these areas are clean enough to deposit at sea, or when they will be in light of remediation efforts. Arrangements must be made to move sediments that do not meet ocean disposal standards to suitable sites on land. 

The project builds upon the work of a 2002 Contamination Assessment and Reduction Project (CARP) that modeled the rates in which remediation efforts and natural processes would improve the quality of sediments in these areas. This latest project, known as CARP II, would revisit the accuracy of the models based on new and recent sampling and consider how unforeseen factors such as Hurricanes Sandy and Irene may have impacted contamination levels. CARP II will produce new 15- and 25-year projections based on the findings.

“This project will provide the U.S. Army Corps of Engineers and other harbor stakeholders the scientific information they need to plan future dredge projects in a manner that fully considers the health of marine environments,” said UCI Director Tony MacDonald, the project’s administrator. “With the Panama Canal expansion complete and the Bayonne Bridge being raised, New York and New Jersey can expect to see far larger vessels at their marine terminals. The maintenance of our navigation channels will be more important than ever to safely accommodate these megaships and ensure our ports remain economically competitive.”

The UCI and the Hudson River Foundation will serve as co-principal investigators on the project. The team will also include researchers from Manhattan College, Rutgers University, the University of Rhode Island and two private consultants, Simon Litten and HDR, Inc.

“This new research project provides a unique opportunity to develop scientifically valid management tools, including the possibility of a new screening technique to drastically reduce the costs of determining the level of contamination in sediments slated to be dredged,” said Hudson River Foundation Science Director Dennis Suszkowski.

UCI Marine Scientist Jim Nickels will lead the field sampling activities. Monmouth University student researchers will participate in these efforts under Nickels’ guidance.

“Through CARP II, students will have excellent opportunities to conduct scientific research outside of the classroom,” Nickels said. “Their work will help gauge the health of some of the busiest marine corridors in the country.”

Sampling is expected to take place at points in the Arthur Kill, East River, Flushing Bay, Hackensack River, Hudson River, Lower and Upper New York Bay, Newark Bay, Passaic River, Raritan Bay, Raritan River, Red Hook Channel and Sandy Hook Bay.

ASMFC Summer Flounder, Scup and Black Sea Bass Management Board Schedules Conference Call to Consider New Jersey Conservation-Equivalency Proposal for the 2017 Summer Flounder Recreational Fishery

May 18, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Management Board will meet via conference call on Monday, May 22 at 12:30 p.m. to review the Technical Committee’s report on New Jersey’s 2017 summer flounder recreational fishery proposal and consider final action on New Jersey’s measures.

 The Board tasked the Technical Committee with reviewing the technical merits of the New Jersey’s proposal in meeting both the objectives of the proposal and the objectives of Addendum XXVIII. Addendum XXVIII, approved by the Board in February 2017, requires a one‐inch increase in size limit and a reduction in possession limits to no more than four fish to constrain coastwide harvest to the 2017 recreational harvest limit (RHL). These measures are broadly applied across all states to reduce harvest and provide for more coastwide consistency in regulations. The measures approved in the Addendum seek to achieve the 2017 RHL.

The public is welcome to listen to the discussion by phone (888.394.8197; passcode 815277) and view the webinar using the following link – https://attendee.gotowebinar.com/register/499991200830679809.

The meeting agenda and materials are available at http://www.asmfc.org/files/Meetings/SFLScBSB_BoardConfCallMaterials_May22_2017.pdf.  

The Technical Committee report on New Jersey’s proposal will be posted, no later than 5 PM on May 19th, at http://www.asmfc.org/calendar/5/2017/Summer-Flounder,-Scup-and-Black-Sea-Bass-Board-Conf-Call/1052.

Time permitting, there will be a limited opportunity to provide comments at the end of the agenda. The Board Chair will outline the procedures for accepting public comment at the beginning of the conference call. We ask the public and other nonparticipating attendees to please mute their phones in order to minimize distractions to the Board’s deliberations.

For more information, please contact Toni Kerns, ISFMP Director, at tkerns@asmfc.org or 703.842.0740.                

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