DEC has prepared proposed changes for 2001 to the current state regulations governing the harvest of several species of marine finfish as well as other issues affecting living marine resource management in New York. The proposed changes had been put out for public comment (written comments and a public hearing) and Mr. Colvin distributed to the Council a summary of the public comments received to date. By law, the Council is required to review and comment on these proposed regulatory changes, which the Council had earlier seen in preliminary form at previous Council meetings. Mr. Colvin indicated that the Department, at this juncture, had only three options available to it: adopt a proposed revised regulation as drafted; adopt it in slightly modified form but not "substantively" change it; or not adopt it.

As it reviewed this series of proposals, the Council’s "default" recommendation to the DEC was to adopt each proposal as drafted; only if the Council felt that a specific proposed regulatory change should not be adopted or adopted in modified form did it vote on that specific proposal. Thus, in the discussion below, no mention of a Council vote on a specific item means that Council recommended the proposal be promulgated as written.

Haddock and Atlantic cod: Increase the recreational minimum size limit to 21" so as to make New York’s limit consistent with that current in federal waters.

Summer Flounder: Extend summer flounder fillet permit privileges to all licensed party and charter vessels

Monkfish: Increase commercial and recreational size limit to 21" and 14", respectively, so as to make New York’s limits consistent with those current in federal waters.

Sharks: Establish new recreational open seasons, size and possession limits and new commercial season, length and trip limits to make New York’s limits consistent with those in federal waters; prohibit taking and possession of certain species.

Weakfish: Prohibit the use of pair trawls to take weakfish. In addition to supporting this proposal, The Council considered a motion by Councilor Mason that the DEC consider adding a maximum commercial weakfish trip limit of 2500 pounds or 36 boxes per day per trip. The motion was adopted by a vote 10 in favor: 0 opposed: 1 abstention.

Marine and Coastal District Party and Charter Boat License: Clarify application and licensing requirements. Mr. Colvin stated that this simply puts current practice into the rule to eliminate any possible enforcement problems. In response to Councilor McBride’s question, Mr. Colvin explained that establishing a residency requirement to receive such a license would be a "substantive" change in the proposed regulation that could not be considered this late in the regulatory development process.

Quota authority: Codify the authority of the Chief of the Bureau of Marine Resources to establish seasonal allocations, directed fishery thresholds, trip limits, closed and open harvest periods, manner of taking and approved export programs for all quota managed species described in Part 40. Mr. Colvin explained that, currently, trip limit management was handled by DEC staff, and he himself signed off on changes in seasonal quotas, trip limits and closures on behalf of the Commissioner pursuant to written authority by the Commissioner. DEC attorneys preferred that this practice be made explicit in the regulations.

Fish pots: Require registration of fish pots with DEC and establish mandatory reporting requirements for all persons using fish pots in the marine district. This proposal was developed based on discussions at earlier Council meetings on the need to better document the size and scope of the commercial fish pot fishery in state waters. This would produce data different from the fishing vessel trip reports in the next proposal. Chairman Wise moved that the proposed fish pot regulations not be moved forward because the proposed Fishing Vessel Trip Reports (next item) would adequately cover the reporting; instead, the Council should recommend that DEC develop a fish pot tagging program, akin to that recently introduced into New York’s commercial lobster fishery. The motion passed 11 in favor: 0 opposed; 0 abstentions.

Fishing Vessel Trip Reports: Requires all marine commercial foodfish and baitfish license holders to complete and submit Federal logbooks. Mr. Colvin added that, once the Atlantic Cooperative Coastal Statistics Program (ACCSP) was fully implemented, catch data would be routinely accessible to everyone as an aggregate and to the individual for his own records. Fishing vessel trip reports would produce complete data on effort. No duplicate reporting would be required.

Purchases from Fishing Vessels Report: Requires all marine foodfish shippers and dealers license holders to complete and submit federal dealer reports. This is part of the ACCSP data management effort. In response to comments from Mr. Mihale, Mr. Colvin said that the current rule was that anyone holding a federal dealer’s permit and who files a Purchases from Fishing Vessels Report was already exempted from making additional reports.

Spanish mackerel: Increase the recreational possession limit from 10 to 15 to bring New York into consistency with current regulations for these species in federal waters.

Blackfish: Establish an In-Water Storage Permit for commercial fishermen, allowing permit holders to store live blackfish (in natural waters) in excess of the commercial possession limit (currently, 25 fish). Pat Augustine of the New York Sportfishing Federation suggested that a cap be considered limiting the total number of fish of this species that could be so maintained.

Spiny Dogfish: Implement a commercial quota management system, including mandatory harvester and dealer reporting and adjustable trip limits.

Party and Charter Boat Striped Bass Filleting Permit: Eliminate the $100 fee for this permit; DEC has not charged this fee for some time.

Livery Boat Striped Bass Possession Limit: Allow a 2-fish possession limit for striped bass to livery boat customers, define livery boats, and establish a $250 fee for striped bass livery boat permit. Councilor Sullivan moved that the Council recommend that DEC not move forward with this proposed regulation; Councilor Schwab seconded the motion. Councilor McBride agreed with Councilor Dearborn that there were not large numbers of livery boats and their harvest of striped bass was not significant; however, he considered the measure discriminatory and open ended with potential for future abuses. Councilor Schwab also spoke against this measure because of the potential for a black market fishery for striped bass; he did not believe that this measure would make much of a difference to the economic viability of the livery boat industry. Councilor Melton added that the proposed regulation, as drafted, was at variance with the original concept behind it; the original idea had been to charge $250/boat for the exemption from the current 1-fish recreational possession limit on striped bass. The language as drafted would allow a livery station owner to so entitle all his/her boats for a single $250 fee. The Council adopted the motion to recommend to DEC that this regulatory proposal not move forward; the vote was 10 in favor: 0 opposed: 1 abstention. Mr. Colvin summarized that while some councilors flatly opposed the recommendation; others felt that if such a proposal were to be enacted then each vessel should have to pay the $250 fee. There were also concerns as to the vagueness of the definition of "livery boat station." Councilor Melton moved to recommend that DEC develop an alternative proposal defining livery stations to include only those currently in existence, and to allow these livery stations to entitle any of their boats for the 2-fish possession limit on striped bass, at a rate of $250/boat. The Council adopted this motion, 6 in favor: 4 opposed: 1 abstention.

Otter trawl: Eliminate the current 7-fish striped bass possession limit on otter trawls. Councilor Sullivan opposed this measure, voicing a concern that it might promote a directed trawl fishery for this species. Mr. Colvin added that he had received a petition in the mail that day with 179 signatures against the measure. Mr. Mason thought it would be a good idea to eliminate the 7-fish striped bass by-catch limit on trawls. The number of tags in his/her possession limits the number of striped bass that a trawl operator can catch. The current limit forces all striped bass beyond the seventh in a haul to be thrown back; this was wasteful. Chairman Wise supported the proposal, arguing that allowing trawl operators to target striped bass and catch their quota of tags quickly rather than dribbling it out over the course of the open season would, on balance, reduce by-catch of striped bass in trawls. Councilor McBride said that crews now were often not catching their full allotments. Mr. Colvin added that the unused portion of tags was decreasing. Mr. Vic Vecchio of DEC noted that 70% of last year’s commercial striped bass catch had been made with hand lines (pin hookers).