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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

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.

ISFMP Policy Board & Business Session Schedule June 1 Conference Call to Consider a Noncompliance Recommendation

May 26, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Interstate Fisheries Management Policy (ISFMP) Board and Business Session will meet via conference call on Thursday, June 1 at 9:30 a.m. to consider a recommendation from the Summer Flounder, Scup, and Black Sea Bass Management Board (Board) to find New Jersey out of compliance regarding the state’s 2017 summer flounder recreational measures.  

On May 22, the Summer Flounder, Scup, and Black Sea Bass Board considered New Jersey’s Conservation Equivalency Proposal for 2017 summer flounder recreational measures. The Board found the proposal’s measures were not conservationally-equivalent to Addendum XXVIII’s measures. As a result, the Board recommended to the ISFMP Policy Board that New Jersey be found out of compliance for not fully and effectively implementing and enforcing the measures of Addendum XXVIII.  The ISFMP Policy Board will consider this recommendation on June 1.  If the Policy Board agrees with the recommendation, the Business Session will meet immediately following the Policy Board, on the same call, to consider any recommendations from the ISFMP Policy Board.

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 499811) and view the webinar using the following link: https://attendee.gotowebinar.com/register/8790318770047891969. The meeting agenda and materials are available at http://www.asmfc.org/files/Meetings/ISFMPpolicyBoardMaterials_June2017.pdf.

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.         

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

Meeting Summary, Motions and Presentation from May 22 Meeting of the ASMFC Summer Flounder, Scup and Black Sea Bass Board Now Available

May 23, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The meeting summary, motions and presentations from the May 22, 2017 meeting of the Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Board are available at http://www.asmfc.org/home/meeting-archive. The audio proceedings of that meeting will be posted to the website by 1 PM.

Supplemental Materials for May 22 Summer Flounder, Scup and Black Sea Bass Management Board Conference Call

May 19, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The supplemental meeting materials for Monday’s Summer Flounder, Scup and Black Sea Bass Board are available at http://www.asmfc.org/calendar/5/2017/Summer-Flounder,-Scup-and-Black-Sea-Bass-Board-Conf-Call/1052.

The materials include the Technical Committee Report on New Jersey’s Proposal and New Jersey’s Notification to Implement Conservation Equivalency Measures. The direct link to those materials is http://www.asmfc.org/files/Meetings/SFLScBSB_BoardConfCallSuppMaterials_May22_2017.pdf.  

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.                

NEW JERSEY: A compromise is close on summer flounder regulations

May 12, 2017 — It appears that a compromise may be close on this year’s summer flounder regulations.

The Atlantic States Marine Fisheries Commission and the state are close to agreeing on a recreational season of three summer flounder at 18 inches. The season would be shortened to 104 days from May 25 to September 5.

The commission had voted on Option 5, which was a 19-inch size limit, a three-fish bag limit and a 128 day season. New Jersey then appealed it, and has still not approved the summer flounder regulations for this year.

The compromise will need to be reviewed by the commission’s Technical Committee and then voted on by the ASMFC, a spokesperson for the New Jersey Department of Environmental Protection said.

“We look forward to the ASFMC’s Technical Committee’s review next week and, hopefully, a final positive commission decision. We still have some steps to go through, but we’re hopeful that New Jersey’s economically vital recreational fishing industry will be saved this summer,” said Bob Martin, Commissioner of the NJDEP.

The compromise would allow New Jersey to keep a three-fish at 17-inch fish limit in place in Delaware bay west of the COLREGS line, the water boundary line between the state and Delaware.

Read the full story at the Asbury Park Press

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