Mr. Colvin informed the Council that a regulatory package of changes to marine finfish regulations has been assembled and should be published in the State Register imminently. He reviewed with the Council issues related to marine finfish regulations that were left outstanding as of the January 2003 Council meeting.

Summer Flounder

At its January 2003 meeting, the Council recommended that DEC adopt a suite of recreational catch measures for summer flounder (fluke) that included retaining the current 17” minimum size limit and opening the season year-round. Mr. Colvin reported that these were now part of the Department’s regulatory proposal. He indicated that the Department was seriously considering discontinuing by Executive Order the 5% quota set-aside for commercial hand-line fishermen. Failure of those in the hand-line fluke category to report has been a major problem and the Bureau does not have the staff time available to chase down delinquent reports. Additionally, Mr. Colvin stated that fewer individuals are signing up for the hand-line category and it is not clear that the minimum target of 50 fishermen would be achievable in 2003.

Councilor Jordan pointed out that the DEC’s conservative approach to commercial fluke quota management had been a disincentive for fishermen to sign up for the hand-line category. The trip limits in the all-gear category were higher than for the hand-line category and the hand-line category had additional, burdensome reporting requirements. Mr. Jordan suggested that more fishermen would opt for the hand-line category in 2003, now that the commercial fluke trip limit during the summer will be 100 lbs. for all gears. He stated that he thought the Department should extend the hand-line set-aside for 2003. Mr. John Mihale agreed with Councilor Jordan. He also noted that a suggestion had been made to allow accumulating 5 100-lb. trip limits onto a single 500 lb. trip. He stated that he could not support this without clarification of how it might affect the catch rate and, thus, the duration of the commercial fluke season. A separate hand-line quota makes this concern moot. Mr. Mihale called for the suspension/revocation of the licenses of any hand-line fishermen that are note complying with that category’s reporting requirements.

Councilor Jordan motioned that the Council recommend to DEC that the 5% set-aside in the commercial fluke quota for those fishermen declaring for the hand-line category be extended for the 2003 fishing season.

Mr. Colvin commented that the Department would give serious consideration to any view formally expressed by the Council on the hand-line set-aside. However, if the Department retains this convention for 2003, it will pursue non-compliance with reporting requirements more vigorously than in the past.

Councilor Freierman expressed reservation about continuing the special set aside for hand-line fluke fishermen. In response to a question from Councilor McBride, it was clarified that the hand-line set-aside could be resurrected in subsequent years through regulatory action, if it were discontinued in 2003.

The motion to recommend that DEC continue the commercial fluke quota set-aside in 2003 for fishermen registered in the hand-line category was adopted. The vote was 8 in favor; 1 opposed; 2 abstentions.

Striped Bass

At its January 2003 meeting, the Council had informally suggested to the Department that the season opening date for striped bass be advanced to 15 April. Mr. Colvin reported that the Department was not proposing at this time to make such a change. The Council briefly re-discussed this issue and came to the same conclusion: the season should open on 15 April. A motion was made that the Council recommend to DEC that opening day for striped bass henceforth be 15 April and that this changed be pursued by the Department under its emergency rule-making authorities, given that this date is little more then a month away. The motion was adopted by a vote of 8 in favor; 0 opposed; 2 abstentions.

Mr. Colvin commented that ASMFC had given final approval for Amendment 6 to the striped bass regional fishery management plan. This amendment includes a recommendation to the U.S. Secretary of Commerce that the US Exclusive Economic Zone (EEZ) be opened to striped bass fishing, consistent with Amendment VI and state regulations. Also, Amendment 6 provides an implementation schedule for any additional striped bass management measures.

Tautog

The recreational measures for tautog (blackfish) recommended by the Council to DEC at the Council’s January 2003 meeting will be implemented. These measures include a 14” minimum size, a closed season from 01 June - 30 September, and a 10-fish possession limit from 01 October - 31 May.

Scup

ASMFC recently adopted recreational management requirements for scup in 2003. Mr. Colvin reported that the Commission adopted a two-step, two-year process to move to regional management of scup along the East Coast. For 2003, a state-by-state approach will be used, based on regional percentages. The entire increase in recreational scup catches that was allowable for the four northeastern states was averaged over these states, resulting in a 39% increase in allowable recreational scup catches in 2003. Mr. Colvin stated that DEC is now expecting to submit and get approval from ASMFC for the following 2003 recreational scup measures: 10” minimum size; 50-fish possession limit, and a year-round season. For 2004, the states are expected to create a single, regional approach for the four northeastern states that will include a single size limit.

At the January 2003 Council meeting, some Councilors suggested that the proposed commercial trip limit for scup (125 lb) was too high. Mr. Colvin stated that, in the Department’s final regulatory proposal, this limit had been lowered to 100 lb. Mr. Mihale stated that commercial hook and line fishermen want the fishing season to stay open continuously. He recognized that fishermen using other gear would rather catch a bigger amount (larger trip limits); some way has to be found to avoid closures during the summer scup period. Mr. Hamilton offered that, with scup and fluke trip limits at 100 lb, some vessels cannot make enough money to pay for the costs of the trip. Mr. Colvin stated that the Department needed to enter into discussions with commercial fishermen who engage in both bay fisheries and offshore vessel fisheries on the matter of trip limits.

Mr. Mihale asked whether, as a federal scup permit holder, he could find himself in a situation where he would not be allowed to retain scup if the federal quota for this species closed earlier than the state quota. Mr. Colvin stated that this could happen. If the federal commercial scup quota, which is smaller that the state quota, is taken, the federal government will close the summer period to harvest and federal permit holders will not be allowed to retain scup no matter where they fish. He pointed out, however, that, over the last three years, the difference between the federal and state commercial scup quotas has narrowed; in 2003, it is only about 260,000 lb for the entire East Coast.

Weakfish

Mr. Colvin pointed out that weakfish was not mentioned in the pending regulatory proposal; some weakfish measures are the prerogative of the State Legislature in New York.

Mr. Mihale appealed to the Council to recommend to DEC a change in the open & closed commercial seasons for weakfish in New York, asserting that the commercial hand-line fishery is largely shut out of the summer fishery under the current seasons. Chairman Wise suggested that this issue be put on the agenda for the Council’s May 2003 meeting.

Black Sea Bass

On black sea bass commercial trip limits, Mr. Colvin reported that the Department is proposing three harvest periods: January - March; April - September; October - December. During the January - March period, the trip limit would be 500 lb.; for the rest of the year, it would be 100 lb. This reflected the Council’s discussion of black sea bass trip limits at its January 2003 meeting. New York’s landings of this species this year are less than 5,000 lbs.; any undercatch from a previous period can be rolled into the next period. Councilor Freierman observed that the low black sea bass landings thus far really reflect the fact that there is no longer a directed fishery for this species in New York. The imposition of a trip limit of 500 lbs. did away with the directed fishery.