Mr. Colvin briefed the Council on recent information regarding the management picture for winter flounder. This species is managed under two different fishery management plans. In federal waters, winter flounder is managed under the New England Fishery Management Council’s (NEFMC) Northeast Multi-species Fishery Management Plan, administered by the National Marine Fisheries Service (NMFS). In New York waters, DEC manages the species under the Atlantic States Marine Fisheries Commission’s (ASMFC) fishery management plan for winter flounder.

A comprehensive new amendment to the multispecies groundfish plan is being developed. Interim regulations are in place in federal waters for winter flounder and other groundfish, primarily restrictions on allowable “days at sea” and minimum mesh sizes. The ASMFC winter flounder management plan covering state waters was adopted a number of years ago. The definition of “overfishing” in the federal and state management plans is not the same. ASMFC recently decided to develop an amendment to its winter flounder plan. The simultaneous drafting of amendments to the federal and state plans offers an opportunity to develop consistent fishing mortality targets and other benchmarks guiding management of winter flounder in federal and state waters.

Winter flounder stock assessments are conducted by the Northeast Stock Assessment Workshop Assessment Review Committee, administered by NMFS’ Northeast Fisheries Science Center at Woods Hole, Massachusetts. Three winter flounder stock units are recognized. New York’s fish are included in the Southern New England - Mid-Atlantic stock. A 1998 assessment concluded that this stock was not overfished. The most recent, December 2002, assessment determined that overfishing of winter flounder in this region is occurring and that the stock is overfished, using the definition of “overfishing” in the groundfish plan. Additionally, NMFS and NEFMC conducted a separate review of the status of groundfish stocks in Fall, 2002, the, “Groundfish Review Assessment, (GARM)”. The GARM report came to the same conclusion about the status of winter flounder in the Southern New England – Mid-Atlantic region as this latest NMFS stock assessment. Mr. Colvin distributed a summary of the December 2002 NMFS winter flounder stock assessment to the Council.

Robert Hamilton, a commercial fisherman who has been a member of the Mid-Atlantic Fishery Management Council, stated that NMFS conducts a combined assessment of winter flounder for Southern New England and Mid-Atlantic waters mainly for budgetary reasons. He called for a separate assessment of winter flounder in Mid-Atlantic waters, which he asserted would reveal a stock in better shape than is described in the combined assessment. Lumping the two stocks paints a false picture of winter flounder stocks in the Mid-Atlantic.

Mr. Colvin asked the Council for its advice on whether DEC should ask NMFS to reinstate for New York waters a winter flounder exemption program offered under the groundfish plan. Winter flounder regulations in state waters provide for a minimum mesh size of 5.5” diamond or 6” square. The limits in federal waters are 0.5” higher (6”diamond, 6.5 “ square). Normally, any vessel with a federal groundfish permit must adhere to the federal regulations regardless of where it is fishing, even in state waters. Under the winter flounder exemption program, however, states are allowed to petition NMFS to allow federally-permitted vessels to fish for winter flounder in state waters under state regulation, with several provisions: 1) the vessel has on-board an authorizing certificate issued by the state fishery management agency and approved by the NMFS Regional Administrator; 2) the vessel may not enter federal waters when fishing under the exemption program; 3) the vessel may not fish for or retain any other regulated groundfish species; and 4) a vessel fishing in state waters under the exemption program cannot land more than 500 lbs. of winter flounder on a trip that is not a declared day at sea. If such a vessel declares a day at sea, it can fish without the 500 lb. limit. Mr. Colvin stated that several trawl fishermen with federal groundfish permits had requested that DEC petition NMFS for inclusion in the exemption program for 2003. They felt that having to fish for winter flounder in state waters alongside fishermen without federal permits and being required to use larger mesh nets than their colleagues was unfair. In their view, the above restrictions on vessels participating in the exemption program, especially the 500 lb trip limit, which non-federally permitted boats do not face, removed any stock conservation concerns about allowing boats to fish under the exemption program.

Councilor Tom Jordan agreed that having two boats fishing side-by-side with each under different winter flounder regulations was not right. He noted that, under the groundfish plan in federal waters, the number of days allowed at sea can be substantially reduced. Councilor Sima Freierman explained that the rule is to take the highest number of days at sea over the past several years and reduce it by 20%. She said that the proposed Amendment 13 to the groundfish plan has nine alternatives to this days at sea reduction formula.

Mr. Hamilton mentioned that having to fish the larger mesh for winter flounder reduces his catch of this species by 40%. With the current high cost of fuel, it is simply not worth it for federally-permitted fishermen to fish for winter flounder in state waters without an exemption program.

Mr. Charles Wertz, a commercial trawl fishermen, stated that fishermen got into the exemption program several years ago because, at the time, state mesh regulations were 5” and the limit in federal waters was increased to 5.5”. Allowable days at sea were not a problem then; all federally-permitted fishermen were allowed 88 days and the smaller boats were not using them all. Some smaller boats opted into the exemption program because, under it, they could fish with their 5” mesh fluke nets. However, New York subsequently raised the minimum mesh size on nets used to catch winter flounder in state waters to 5.5” to conform with the federal regulations. Once non-federally licensed boats had to use 5.5”, there was no reason to have the exemption.

Neal Delanoy of the Captree Boatmen’s Association expressed concern that, should federally-permitted vessels be allowed to fish in state waters at the state mesh regulation, this would produce greater fishing pressure on winter flounder stocks, which are already stressed in nearshore waters. Several fishermen responded that boats fishing under the exemption program had a 500 lb. trip limit for winter flounder; state vessels could catch and retain as many fish as they could. Mr. Delanoy suggested that New York should be thinking of closing state waters to commercial fishing for winter flounder in an effort to allow nearshore stocks of this species to rebuild. Allowing an exemption program runs directly counter to this.

On whether winter flounder populations in nearshore waters are more depleted than those offshore, DEC staff person Alice Weber told the Council that there was not specific data that would either verify or refute this suggestion. Councilor Joe McBride stated that he would be more comfortable recommending that New York petition NMFS to implement a winter flounder exemption program in state waters in 2003 if the issue of the relative health of the inshore and offshore populations of this species were better understood.

Councilor Danielson asked how many federally-licensed vessel might opt into a winter flounder exemption program in New York waters. If the number is low, the impact on nearshore winter flounder populations might be small; but a large number of boats might be another question. Councilor Jordan responded that boats without federal groundfish permits can take however many winter flounder they wish. That, to him, represents a greater concern than a small number of vessels fishing under a 500 lb. trip limit.

Robert Hamilton stated that, if an exemption program is established, he would fish in state waters for winter flounder with the smaller mesh, but he would count each day against his days at sea limit and not have the 500 lb. limit. The price for winter flounder is not great and, with all the steaming time between port and fishing grounds, a day’s fishing under a 500 lb. limit is probably not worth it.

Councilor Jordan motioned that the Council recommend to the DEC that it apply to the NMFS Regional Administrator to establish a winter flounder exemption program in state waters during the 2003 commercial fishing season for this species, under regulations promulgated under the federal groundfish plan. The motion was adopted by a vote of 8 in favor; 1 opposed; 2 abstentions.

Councilor Freierman suggested that research should be conducted to help shed light on the question of whether there are discrete nearshore and offshore stocks of winter flounder and the relative condition of each. She suggested that DEC could perhaps contract with Stony Brook University for an ocean trawl survey in state waters similar to that the University conducts for the New Jersey Department of Environmental Protection in that state’s ocean waters.