Saving Seafood

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

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.