August 9, 2021 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council approved a 1% increase in New York’s black sea bass commercial allocation, bringing New York’s baseline share of the coastwide quota to 8%, during a meeting last week with the Atlantic States Marine Fisheries Commission’s (Commission) Summer Flounder, Scup and Black Sea Bass Management Board (Board). This action modifies the state commercial quota allocations that had been previously approved through the Council’s Black Sea Bass Commercial State Allocation Amendment and the Commission’s Addendum XXXIII to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan (FMP).

The Amendment and Addendum, approved in February 2021, address significant changes in the distribution of black sea bass that have occurred since the original allocations were implemented in 2003. Among other things, these actions changed Connecticut’s baseline allocation from 1% to 3% of the coastwide quota to address its disproportionally low allocation compared to the increased availability of black sea bass in state waters. The Amendment and Addendum also added the state-by-state allocations to the federal FMP.

In March, New York appealed the allocation changes approved by the Board in February, arguing that its baseline quota should increase similarly to that of Connecticut as it too had experienced a significant disparity between allocation and the abundance/availability of black sea bass in Long Island Sound, which is shared by New York and Connecticut.

The Commission’s Interstate Fisheries Management Program Policy Board (Policy Board) considered the appeal in May. Finding that it was justified, the Policy Board remanded the section of Addendum XXXIII addressing baseline allocations back to the Board for corrective action to address impacts to New York’s baseline allocation in a manner comparable to the consideration given to Connecticut. Based on the Policy Board’s decision, the Board was required to increase New York’s baseline allocation by up to 2%.

The Council considered the implications of this decision during their June meeting and agreed to revisit these allocations with the Board, with the goal of maintaining the same final recommendations in the Council’s Amendment and the Commission’s Addendum.

During last week’s meeting, the Council and Board considered various potential increases in New York’s baseline quota. Both management bodies ultimately approved a 1% increase. The Council will forward its revised recommendations to NOAA Fisheries for final approval. A table containing the revised state allocations of the black sea bass commercial quota can be found below.

For more information, visit http://www.mafmc.org/actions/bsb-commercial-allocation or contact Julia Beaty, Fishery Management Specialist, jbeaty@mafmc.org, (302) 526-5250.

*These allocations represent the baseline quota plus the regional biomass distribution based on the results of the 2021 Operational Stock Assessment. These allocations will be updated if future assessments indicate a change to the biomass distribution.

August 6, 2021 — 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 (Board) approved a 1% increase in New York’s black sea bass commercial allocation, bringing New York’s baseline share of the coastwide quota to 8%. This action modifies the state commercial quota allocations that had been previously approved through Addendum XXXIII to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan. The final 2022 state-by-state commercial shares can be found in the table on page 2.

Addendum XXXIII, approved in February 2021, addressed significant changes in the distribution of black sea bass that have occurred since the original allocations were implemented in 2003, while also accounting for the states’ historical harvest of black sea bass. Among other things, the Addendum changed Connecticut’s baseline allocation from 1% to 3% of the coastwide quota to address its disproportionally low allocation compared to the increased availability of black sea bass in state waters of Long Island Sound (LIS). The remaining state shares (with the exception of Maine and New Hampshire) were allocated using their adjusted historical allocations (to account for the Connecticut change) as well as a portion based on the most recent regional biomass distribution information from the stock assessment.

In March, New York appealed the allocation changes approved by the Board in February. The Commission’s appeal process provides states/jurisdictions the opportunity to appeal management decisions if a state/jurisdiction finds a Board decision has not been consistent with language of an FMP, resulted in unforeseen circumstances or impacts, did not follow established processes, or was based on flawed technical information. Through its appeal, New York argued that its baseline quota should increase similarly to that of Connecticut as it too had experienced a significant disparity between allocation and the abundance/availability of black sea bass in LIS, which is shared by New York and Connecticut.

In May, the Interstate Fisheries Management Program Policy Board (Policy Board) considered the appeal and found it was justified based on New York’s arguments. This included data showing New York’s historical allocation was based largely on its ocean fishery. Since 2010, there has been an exponential increase of black sea bass in LIS. This increased availability has resulted in an expansion of New York’s commercial black sea bass landings from LIS from 24% (2004-2008) to 51% (2015-2019) of the state’s total landings.

The Policy Board remanded Section 3.1.1 of Addendum XXXIII (which only addresses baseline allocations) back to the Board for corrective action to address impacts to New York’s baseline allocation in a manner comparable to the consideration given to Connecticut. The Policy Board’s action specified the Board must increase New York’s baseline allocation by up to 2%, while maintaining Connecticut’s baseline allocation of 3%. No other aspects of these allocations, and no other alternatives in the associated Addendum, may be revised by the Board.

Based on the Policy Board’s directive, the Board considered a number of motions with various increases in New York’s baseline quota and ultimately approved a 1% increase. As a joint partner in the management of black sea bass, the Mid-Atlantic Fishery Management Council also approved the same changes to New York’s commercial quota share. The Council will forward its revised recommendations, which include adding the state-by-state shares to the federal Fishery Management Plan, to NOAA Fisheries for final approval.

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