Councilor Freierman distributed to the Council the final report and recommendations of the Council Work Group that she had chaired. The Work Group consisted of Councilors Freierman, Jordan, and McBride and DEC staff person Mr. Victor Vecchio. Ms. Freierman noted that the recommendations of the report enjoyed the endorsement of all Work Group members, although the report does contain separate statements on issues related to those in the report, giving the personal views of Ms. Freierman and Mr. Jordan on these issues.

The charge to the Work Group was:

1) to identify the conditions and circumstances that should trigger a decision to allow new entrants into the commercial striped bass and fluke fisheries.

2) to recommend how any new entrants should be allowed to get permits, i.e., qualifications, number of new permits, etc.

The report's recommendations follow.

Striped Bass

To retain a permit:

1. A control date in 2003 will be set. All striped bass permits in effect on this date that have been renewed by the holder in five of the last seven years will be considered as existing permits.

2. After the control date, all existing permits identified by #1, above, will then be eligible for annual renewal. A permit must be renewed each year or it expires.

3. The number of existing permits will be allowed to decline through attrition to 550 (the number extant in 1994 + 2).

4. Once the number of existing striped bass permits reaches 550, and New York's annual commercial striped bass quota reaches 1,059,900 lbs. (average annual commercial striped bass landings in New York over the period 1972-1979), new permits may be issued.

To receive a new permit:

1. Applicant must possess a valid NYS commercial foodfish license.

2. Applicant must demonstrate through tax records that 50% of his/her earned income is from direct participation in harvesting fish, shellfish, crustaceans, or other marine biota in any one of the previous three years.

The priority for issuance of new striped bass permits will be based on the age of one's foodfish license (the lower the license number, the higher the priority).

Part-time permits: If all applicants who meet the above requirements have been issued permits and the number of licenses remains under 550, part-time permits can be issued to those who hold a foodfish license but don't meet the income eligibility requirements. Priority of part-time permits will be based upon the age of one's foodfish license.

Striped bass permits should only be passed to members of a permit-holder's immediate family as per Environmental Conservation Law Section 13-0328(5).

Summer Flounder (Fluke)

To retain a permit:

1. A control date in 2003 will be set. All fluke permits in effect on this date that have been renewed in five of the last seven years will be considered existing permits.

2. After the control date, all permits defined as existing under #1, above, will be eligible for annual renewal. A permit must be renewed each year or it expires.

3. The number of existing fluke permits will be allowed to decrease through attrition to 360 (the number extant in 2001).

4. Once the number of existing fluke permits declines to 360, new permits may be issued.

To receive a new permit:

1. Applicant must possess a valid NYS commercial foodfish license.

2. Applicant must demonstrate through tax records that 50% or more of his/her earned income resulted from direct participation in the harvest of marine fish, shellfish, crustaceans or other marine biota in any one of the previous three years.

Priority for issuance of licenses will be based on the age of one's food fish license.

Chairman Wise asked whether the Work Group discussed the ìuse it or lose it" concept as this might apply to special permit renewal, i.e. if a permit-holder could not demonstrate that he/she fished commercially for striped bass or fluke in a given year, it would affect his/her ability to renew the permit the following year. Councilor Freierman said that this was discussed by the Work Group but it was decided that too many uncontrollable circumstances might make it legitimately difficult or impossible for a fishermen to fish in a given year and he/she should not be penalized under such circumstances.

Mr. Colvin asked about people whose permit has been removed because of documented non-compliance with the current regulations. He suggested that the Council think whether this circumstance should affect the ability to receive/renew one of these special permits. Mr. Colvin also observed the Work Group did not recommend a fluke landings quota that would have to be reached before new special fluke permits would be issued, as it had for striped bass. Mr. Pat Augustine of the New York Sportfishing Federation suggested that the issue of a part-time fluke permit be raised and debated. Mr. Wise asked the Council to treat the stated recommendations of the Work Group first and then decided whether it wanted to add to those recommendations in dealing with these additional issues.

The Council received and adopted the report and recommendations of the Striped Bass and Fluke Special Harvest Permit Work Group. The vote was unanimous in favor. The Council briefly discussed the issues of ìuse it or lose it," renewal of permits suspended because of violations of the special fluke/striped bass harvesting permit regulations, and the creation of a part-time special fluke harvest permit. It took no action on any of these subjects.

Chairman Wise motioned that the Council recommend to DEC that, in addition to the recommendations of the Work Group, it consider including a provision teeing the issuance of new fluke special permits to the magnitude of New York's annual fluke quota. This motion was not seconded.