The striped bass population has been declared officially "restored," and fluke abundance data show clear improvement in the condition of that species. Byron Young distributed statistics on the numbers of participants in the commercial striped bass and summer flounder fisheries in New York. He urged developing now a procedure for allowing new participants in the future. In response to a question from Mr. Wise, he added that under current regulations permits that were not used for a period of years were not lost to the permit holder. Councilor Tom Melton asked if there were any opposition to increasing the number of either or both permits. Councilor Tom Jordan pointed out that now there were no viable species available to pin-hookers. He thought that closures should be balanced; those who took cuts in the past had not been rewarded. Maintaining proportions of gear type was also important. It might be unwise to allow a permit held by a pin-hooker to be reissued to a large dragger, for example.

Mr. Wise suggested that the Council focus initially on such issues as what should trigger state action, and who would get the new permits? Councilor Freierman pointed out that federal fluke permits were issued to vessels, while state fluke permits were issued to individuals. State quotas set trip limits; no federal quota existed. Mr. Young said that management by catch quota would continue for both species. Ms. Freierman said that she had attended a recent fluke "round table". She warned that drastic decreases in the commercial quota for fluke might create a situation where large commercial boats would be allowed to take less than a recreational fishermen and that this was not advisable or fair. She noted that other states had far fewer permits than New York (which has 450+) and she did not understand the rush to expand the number of permits.

Councilor Dean Yaxa stated that licensed shellfish diggers were presently excluded from virtually all other commercial fisheries in the state, while anyone was allowed to get a commercial diggers license. He felt that licensed commercial clammers should be given first priority for the special fluke and striped bass harvest permits, if more were to be issued or unused such permits were to be released to new entrants. Mr. Wise responded that the Council had earlier proposed a moratorium on the issuance on new state commercial shellfish diggers licenses, but the State Legislature had not enacted this proposal. Emerson Hasbrouck of the Suffolk County Cooperative Extension’s Marine Program predicted that most current fluke permit holders would retire over the next two decades, so the trigger for allowing new entrants should not be just a change in the quota or a decrease in participants alone.

Councilor McBride suggested manipulating the demand for these special permits by establishing sizable fees for them. Mr. Wise said that one approach was to ensure that current permits were actively used. Mr. Young said that fluke was actively managed by quota, and the striped bass tags amounted to individual quotas, which kept New York below the state quota. DEC staff member Victor Vecchio added that while everyone returned tags at some point, the unused portion of the state’s annual commercial striped bass quota was shrinking. Councilor Jordan observed that latent (presently held but unused) permits would be difficult to eliminate; speculative investments in permits would continue until there was a clear statement of nontransferability plus a state buy-back. Mr. Young responded that Amendment Six to the Striped Bass Interstate Fishery Management Plan would look at the status of the bass population, but it would not be simple to increase the commercial quota. Transferability was allowed within the immediate family for lobster permits only; at present, foodfish, fluke and striped bass permits were not transferable.

Mr. Wise suggested forming a Council study group to identify the triggering conditions and to determine how new participants could be added without harming current permit holders. Councilor McBride requested starting this in November, after the fishing season ended, when participants would be available. Councilor Freierman volunteered to chair the group; Councilors Jordan, McBride and Melton agreed to participate. DEC will provide a staff support person to assist the group.