Saving Seafood

ASMFC Blasts Secretary Ross Decision on Summer Flounder in Favor of New Jersey’s Recreational Sector

July 18, 2017 — SEAFOOD NEWS — In a stunning decision to grant New Jersey’s recreational summer flounder fishery a waiver from new regulations to conserve the stock, Secretary of Commerce Wilbur Ross has shattered a 75-year practice of honoring the scientific process of the Atlantic States Marine Fisheries Commission. The letter was written to Executive Director Robert Beal and signed by Chris Oliver, Assistant Administrator NOAA Fisheries on July 11, 2017.

Oliver notes that the Atlantic Coastal Act’s compliance process rests on two criteria — whether or not New Jersey has failed to carry out its responsibility under the management plan and if so, whether the measures the state failed to implement are needed for conservation purposes of summer flounder.

Oliver further notes that if the Secretary determines that New Jersey has not been in compliance, the Act mandates that Ross declare a moratorium on that fishery.

“New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective for the recreational fishery,” Oliver wrote.

“While there is some uncertainty about how effective the New Jersey measures will be, considering the information provided by the state, the Secretary has found that the measures are likely to be equivalent in total conservation as those required under Addendum XXVVIII. Therefore, the second criterion of the noncompliance finding is not met and it is unnecessary to implement a fishery moratorium in New Jersey waters in 2017,” Oliver wrote.

“The Commission is deeply concerned about the near‐term impact on our ability to end overfishing on the summer flounder stock as well as the longer‐term ability for the Commission to effectively conserve numerous other Atlantic coastal shared resources,” replied Commission Chair Douglas Grout of New Hampshire.

“The Commission’s finding of noncompliance was not an easy one. It included hours of Board deliberation and rigorous Technical Committee review, and represented, with the exception of New Jersey, a unanimous position of the Commission’s state members. Our decision was based on Technical Committee’s findings that New Jersey’s measures were not conservationally‐ equivalent to those measures in Addendum XXVIII and are projected to result in an additional 93,800 fish being harvested,” Grout added.

Based on the latest stock assessment information, summer flounder is currently experiencing overfishing. Spawning stock biomass has been declining since 2010 and is just 16% above the threshold.

But almost from the day Ross was confirmed as Secretary of Commerce, the political push to oppose further restrictions was underway.

On March 2, 2017, NJ governor Chris Christie “formally requested the new U.S. Secretary of Commerce, Wilbur Ross, to put a hold on severe restrictions on recreational summer flounder fishing adopted recently by a regional fisheries commission, a move that would effectively cripple the state’s fishing industry and have far-reaching impacts on the shore tourism economy,” read an announcement from NJ Department of Environmental Protection Commissioner Bob Martin.

On June 23, Congressman Frank Pallone, Jr. (NJ-06) sent a letter to Ross asking him to consider New Jersey’s response to the ASMFC’s evaluation of the state’s compliance.

“I firmly believe that New Jersey is making every reasonable effort to chart a course forward that adequately balances conservation with the economic needs of fishermen and fishing communities, and I ask that you give the state’s approach a fair and thorough review,” said Pallone.

“New Jersey has proposed that the summer flounder size limit be decreased to 18 inches, with a 104-day fishing season and a 3 bag limit. The state is arguing that its summer flounder regulations reach conservation equivalency with federal regulations, and that its regulations will actually preserve the stock by reducing discard mortality,” Pallone told Ross.

“I respectfully request that you carefully consider the state’s arguments and technical data as you make your decision about whether to find New Jersey out of compliance. Imposing a moratorium on summer flounder fishing in New Jersey would have a devastating impact on the economies of coastal communities that rely on the recreational fishing industry in my Congressional district.

“Additionally, reaching that determination while there continue to be compelling technical and scientific reasons to question the initial decision to cut summer flounder quotas will further erode anglers’ trust in entities like ASMFC, the National Oceanic and Atmospheric Administration, and other fisheries management bodies,” he wrote.

The Commission has not “imposed a moratorium” on summer flounder fishing. Their changes affect the size limit and bag limit that can be taken by the rec sector in New Jersey.

Pallone also introduced a bill in Congress H.R. 1411 titled ‘‘Transparent Summer Flounder Quotas Act’’ simply to overturn the Commission’s tighter management tools for the recreational sector in New Jersey, and to continue the more relaxed regs through 2017 and 2018.

The vast majority of fishery‐independent surveys show rapidly declining abundance. Any increase in overall mortality puts the stock at risk for further declines and increases the probability of the stock becoming overfished.

If the stock falls below the biomass threshold, the Magnuson‐Stevens Fishery Conservation and Management Act requires the Council to initiate a rebuilding program, which could require more restrictive management measures.

New Jersey was not the only state to be concerned about the impact of the approved measures to its recreational fishing community. Two other states submitted alternative proposals that were rejected in favor of the states equally sharing the burden of needed reductions. Those states, as well as other coastal states, implemented the approved measures in order to end overfishing and support the long‐ term conservation of the resource.

“The states have a 75‐year track record of working together to successfully manage their shared marine resources,” continued Chairman Grout.

“We are very much concerned about the short and long‐term implications of the Secretary’s decision on interstate fisheries management. Our focus moving forward will be to preserve the integrity of the Commission’s process, as established by the Atlantic Coastal Act, whereby, the states comply with the management measures we collectively agree upon. It is my fervent hope that three‐quarters of a century of cooperative management will provide a solid foundation for us to collectively move forward in achieving our vision of sustainably managing Atlantic coastal fisheries.”

The Commission is currently reviewing its options in light of Secretary Ross’s action, and the member states will meet during the Commission’s Summer Meeting in early August to discuss the implications of the Secretary’s determination on the summer flounder resource and on state/federal cooperation in fisheries management under the Atlantic Coastal Act.

Meanwhile, Commission members are working on applying a better data collection system for recreational catches that will allow a recalibration of historical catches. That information will be available in the spring of 2018. With that, a new stock assessment will be conducted in the fall of 2018 for a full suite of data to base future management decision on.

The Atlantic States Marine Fisheries Commission was formed by the 15 Atlantic coastal states in 1942 for the promotion and protection of coastal fishery resources. The Commission serves as a deliberative body of the Atlantic coastal states, coordinating the conservation and management of nearshore fishery resources, including marine, shell and diadromous species.

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

Government defends decision to deny flounder fishing order

July 18, 2017 — The U.S. Department of Commerce says its top official was right to reverse a decision about flounder fishing regulations made by an interstate commission.

The regulatory Atlantic States Marine Fisheries Commission announced last month it had found New Jersey out of compliance with management of its fishery. But Secretary of Commerce Wilbur Ross disagreed and did not sign off on a ruling that could’ve forced a local moratorium on flounder fishing.

The move drew criticism from the commission and conservationists who say the decision overrides sustainable fishing rules on the East Coast. But a spokesman for the Commerce Department said Tuesday that Ross doesn’t think a fishing moratorium is warranted.

Read the full story from the Associated Press at the San Francisco Chronicle

NEW JERSEY: Trump official’s fish ruling could harm conservation

July 17, 2017 — A row with an appointee of President Donald Trump’s administration over the regulation of flounder fishing off New Jersey jeopardizes conservation of marine species all along the East Coast, interstate fishing managers said Monday.

The flatfish in question is the summer flounder, which is popular with sport fishermen and commercial fishermen from Maine to Florida. The regulatory Atlantic States Marine Fisheries Commission announced in June that it had found New Jersey out of compliance with management of the summer flounder fishery.

But Secretary of Commerce Wilbur Ross needed to sign off on the ruling, and he instead reversed it. The commission said in a statement that Ross’ ruling represents the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act in 1993 that a commerce secretary has failed to uphold such a noncompliance recommendation.

Ross’ ruling has the potential to soften the regulatory authority of the commission, which is tasked with managing fisheries along the coast, said Toni Kerns, director of the interstate fisheries management program for the Atlantic States.

The Atlantic States found that New Jersey was not implementing conservation measures, and Ross could have called for a federal moratorium on fishing for summer flounder in New Jersey’s state waters, Kerns said. Instead, his reversal sends a message that Atlantic States’ rulings lack teeth, she said.

“If the secretary of commerce isn’t agreeing to use that tool, then other states will see that and start not implementing measures,” Kerns said.

Read the full story from the Associated Press at The News & Observer

ASMFC Reacts to Commerce Secretary Decision to Reject Commission Advice on Summer Flounder

July 14, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

On July 11th, Secretary of Commerce, Wilbur Ross, notified the Atlantic States Marine Fisheries Commission that he has found the State of New Jersey to be in compliance with Addendum XXVII to the Summer Flounder Fishery Management Plan. According to the letter sent to the Commission, Secretary Ross’s decision was based on the assertion that “New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective for the recreational fishery.” This is the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) in 1993 and the Atlantic Striped Bass Conservation Act in 1984 that the Secretary of Commerce failed to uphold a noncompliance recommendation by the Commission.

“The Commission is deeply concerned about the near-term impact on our ability to end overfishing on the summer flounder stock as well as the longer-term ability for the Commission to effectively conserve numerous other Atlantic coastal shared resources,” stated Commission Chair Douglas Grout of New Hampshire. “The Commission’s finding of noncompliance was not an easy one. It included hours of Board deliberation and rigorous Technical Committee review, and represented, with the exception of New Jersey, a unanimous position of the Commission’s state members. Our decision was based on Technical Committee’s findings that New Jersey’s measures were not conservationally-equivalent to those measures in Addendum XXVIII and are projected to result in an additional 93,800 fish being harvested. Additionally, we had an obligation as a partner in the joint management of summer flounder with the Mid-Atlantic Fishery Management Council (Council) to implement measures to end overfishing immediately or face the possibility of summer flounder becoming an overfished stock.”

Based on the latest stock assessment information, summer flounder is currently experiencing overfishing. Spawning stock biomass has been declining since 2010 and is just 16% above the threshold.  The vast majority of fishery-independent surveys show rapidly declining abundance. Any increase in overall mortality puts the stock at risk for further declines and increases the probability of the stock becoming overfished. If the stock falls below the biomass threshold, the Magnuson-Stevens Fishery Conservation and Management Act requires the Council to initiate a rebuilding program, which could require more restrictive management measures.

New Jersey was not the only state to be concerned about the impact of the approved measures to its recreational fishing community. Two other states submitted alternative proposals that were rejected in favor of the states equally sharing the burden of needed reductions. Those states, as well as other coastal states, implemented the approved measures in order to end overfishing and support the long-term conservation of the resource.

“The states have a 75-year track record of working together to successfully manage their shared marine resources,” continued Chairman Grout. “We are very much concerned about the short and long-term implications of the Secretary’s decision on interstate fisheries management. Our focus moving forward will be to preserve the integrity of the Commission’s process, as established by the Atlantic Coastal Act, whereby, the states comply with the management measures we collectively agree upon. It is my fervent hope that three-quarters of a century of cooperative management will provide a solid foundation for us to collectively move forward in achieving our vision of sustainably managing Atlantic coastal fisheries.”

The Commission is currently reviewing its options in light of Secretary Ross’s action, and the member states will meet during the Commission’s Summer Meeting in early August to discuss the implications of the Secretary’s determination on the summer flounder resource and on state/federal cooperation in fisheries management under the Atlantic Coastal Act.

For more information, please contact Toni Kerns, Director, Interstate Fisheries Management Program, at tkerns@asmfc.org or 703.842.0740.

NEW JERSEY: Rep. LoBiondo Applauds Decision on Summer Flounder

July 13, 2017 — After months of fighting against proposed reductions on summer flounder harvest limits for New Jersey commercial and recreational fishermen, U.S. Representative Frank A. LoBiondo (NJ-02) applauded U.S. Commerce Secretary Wilbur Ross’ decision late last night to accept New Jersey’s management plan.

“Commerce Secretary Ross’ decision to adopt New Jersey’s conservation equivalency plan for summer flounder signals a win-win for our fishing industry and conservation efforts,” said LoBiondo. “For months I have argued that NOAA and ASMFC were flawed in their data and decision-making process, creating a significant and arbitrary disadvantage to New Jersey fishermen. Going forward we must reform the use of questionable methodologies and outdated science by federal bureaucrats that, left unchecked, will again threaten fishing operations in South Jersey. I will continue to work with my colleagues and Commerce Secretary Ross to protect the critical fishing industry in South Jersey as well as the summer flounder stocks.”

Earlier this month LoBiondo joined with fellow New Jersey Representative Chris Smith (NJ-04) and other members of the Congressional delegation to urge delaying 2017-2018 restrictions on New Jersey fishermen proposed by the Atlantic States Marine Fisheries Commission (ASMFC).

The letter requested Commerce Secretary Ross consider the management plan proposed by the state of New Jersey, and urged him to, “work administratively with the State of New Jersey to approve, implement and enforce New Jersey’s 2017 Summer Flounder regulations.” The full letter is available here.

Read the full story at the Cape May County Herald

How Trump administration ended great New Jersey fish fight

July 11, 2017 — President Donald Trump’s administration sided with New Jersey Tuesday in a dispute over catch limits for summer flounder that threatened to shut down the entire fishing season.

Commerce Secretary Wilbur Ross approved the state’s Marine Fisheries Council proposal for 24 fewer fishing days but a smaller minimum size for fish, rather than the limits imposed by the Atlantic States Marine Fisheries Commission.

Rep. Chris Smith (R-4th Dist.) called Ross’s decision “great news for the state of New Jersey, our fishing community, our economy and all who visit the shore.”

Members of the state’s congressional delegation had opposed the more stringent limits of a 19-inch minimum, with a three fish limit per trip over a 128-day season.

At one point, the fisheries commission threatened to impose a moratorium on all fishing.

“The decision to not institute a fishing moratorium, and instead accept New Jersey’s more balanced and reasonable summer catch standards, will sustain New Jersey’s summer flounder industries while upholding conservation standards,” Smith said.

Read the full story at NJ.com

Summer flounder remains big hit throughout New Jersey

July 10, 2017 — Summer flounder seem to be holding on to their ranking as the fan favorite against a number of contenders.

Last week, Bill Mendenhall Sr. and Jr. made their trek from Downingtown, Pennsylvania, to the back bays of Margate, like they have done since forever.

They racked up 94 fish with regular partner Skip Van Lew on a rental boat from Ray Scott’s Dock in Margate to come away with two keepers both at the minimum 18 inches.

The Mendenhalls were back Monday with another fishing partner and topped both of those amazing numbers with 112 flounder and three keepers. Bill Sr. was high hook with all three keepers (picture on B8), one 20 inches long, and he racked up four doubleheaders, according to Robin Scott.

A signficant number of flounder are being caught throughout the back bays, inlets and inshore waters, but there sure seems to be a carpet of fish under the 18-inch minimum there and on the inshore lumps in the ocean.

One of the quality catches recently was reported by Sue Burns at Point Tackle in Somers Point. Dave Filarski weighed a 7.8-pound flounder he caught with a mackerel strip near the Longport Bridge. Filarski docks at Seaview Harbor Marina in Great Egg Inlet.

Another was recorded at Avalon Hodge-Podge by Rob Myers,of Pittsburgh. He weighed a 5.5-pound flounder caught in the back bays of Avalon with a minnow.

Noel Feliciano weighed five flounder Sunday, including a 4.7-pounder.

Read the full story at the Press of Atlantic City

N.J. fishermen make their case to feds as fluke battle rages on

June 20, 2017 — With New Jersey’s summer flounder fishing industry on the line, Garden State officials made their case to NOAA fisheries on Tuesday afternoon.

In a hearing with the federal agency, New Jersey Department of Environmental Protection officials argued that the state’s regulations for summer flounder (or fluke) fishing reach conservation equivalency with new federal regulations.

The cornerstone of New Jersey’s argument: That the state’s proposed regulations will actually preserve more of the summer flounder stock than the measures being put forth by the feds.

Tuesday’s call was closed to the press, but in a statement following the call NJDEP spokesperson Bob Considine described it as a “good discussion.” He added that New Jersey emphasized its plan would protect more breeding females, thus making a brighter outlook for the future of the fluke stock.

The showdown between NOAA and New Jersey fishermen has been building throughout the spring. On June 1, the Atlantic States Marine Fisheries Commission declared New Jersey to be out of compliance with fluke regulations.

The dispute is now being considered by NOAA Fisheries, and U.S. Secretary of Commerce Wilbur Ross, for a final decision. If the out-of-compliance finding is upheld, a moratorium on fluke fishing in New Jersey could be instated until the state returns to compliance.

Read the full story at NJ.com

New Jersey has good reasons to resist federal rules on fluke

June 7, 2017 — If federal fisheries managers got fan mail from some flounder these days, would it side with their catch limits or New Jersey’s defiant alternate rules?

State and local officials and the N.J. congressional delegation pushed hard against this year’s federal plan to reduce the catch of summer flounder, also called fluke, by 30 percent. The Atlantic States Marine Fisheries Commission wanted to require fish to be an inch bigger to be kept — 19 inches in the ocean and nearby waters and 18 inches in Delaware Bay.

Since last year’s limits were already tough on fishers and marine businesses, the plan prompted an uproar. Rep. Frank LoBiondo said “unelected bureaucrats in Washington use questionable methodologies and outdated science to cut us off at the knees.” He and fellow Rep. Frank Pallone introduced bipartisan legislation to prevent the new flounder quotas from taking effect.

The state Department of Environmental Protection also went all in, telling the U.S. secretary of commerce the new rules would destroy recreational flounder fishing in the state, an important part of its summer tourism appeal. It asked for a return to 2016 rules and a new full assessment of the flounder stock.

Read the full editorial at Press of Atlantic City

New Jersey ruled out of compliance on summer flounder, moratorium possible

June 5, 2017 — If New Jersey doesn’t bring its summer flounder limits in line with federal regulations, the Atlantic States Marine Fisheries Commission said it may result in a moratorium on fluke fishing.

When summer flounder season began May 25, New Jersey decided to keep in place an 18-inch limit it felt was a fair compromise to the 19-inch limit federal regulators were requiring.

The Marine Fisheries Commission did not agree and voted earlier that week not to accept New Jersey’s rules. On Thursday, the federal agency found New Jersey out of compliance with the mandatory management measures for summer flounder, scup and black sea bass.

The commission believes the 19-inch limit achieves conservation goals and helps to end overfishing of summer flounder. The state argues the larger minimum size would result in more dead fish. Other opponents of the federal rules, including many local anglers, say the rules directly target female spawning flounder.

“We’re disappointed the Atlantic States Marine Fisheries Commission continues to myopically distance itself from sound fisheries management and advocates for a 19-inch size limit that kills more fish through dead discards than the actual harvesting of fluke,” N.J. Department of Environmental Protection Commissioner Bob Martin said. “This would result in an overall higher mortality rate and be more detrimental to the fish stock that we are sworn to protect.”

Read the full story at the Press of Atlantic City