Mr. Colvin stated that the public comment period on the proposed changes to part 40 changes has closed. He distributed a summary of the formal comments that DEC received during the public comment period. Any action taken by the Council at today’s meeting on these several changes will become part of the official public comment record that will appear in the State Register with the notice of adoption of these changes, along with DEC’s action with respect to the Council’s recommendations.

Chairman Wise stated that the Council had seen these proposed changes several times and they enjoyed the Council’s general support. He asked that any motion made by a Councilor either be to oppose or to support with a modification a specific proposed rule change. If the Council does not adopt a motion on a specific proposed rule change, this should be interpreted by the DEC as an expression of agreement or support by the Council with that rule change. In the course of the discussion, the Council did not move to alter its earlier support for these specific proposals.

Summer Flounder and Scup Recreational Measures

Mr. Colvin stated that, with the Council’s support, DEC had recently adopted year-round recreational open seasons for summer flounder (fluke) and scup (porgy) through emergency rule-making, and that emergency rule remains in effect. The proposed rule makes that change permanent. Mr. Colvin advised that there was a change in the summer flounder recreational filet requirement. The current regulation says that you couldn’t land a fluke that had its head and tail cut. The new rule says you can’t possess fluke that have been cut that way. This makes the rule consistent with the winter flounder and striped bass filet regulations. It is a measure that was reflected by law enforcement personnel. Captain Otterstedt of DEC’s Division of Law Enforcement explained that if recreational fishermen want to use the belly of a fluke as bait, he has to keep the fish whole so they will be able to determine its length.
Chairman Wise observed that this change had not been previously discussed by the Council. He moved that the Council support this proposed rule change on filleting of fluke; Councilor Melton seconded it. The motion was adopted by a unanimous vote of 11 in favor; 0 opposed; 0 abstentions.

Black Sea Bass

It is proposed to set the size limit at 12 inches as per the federal size limit and to adopt a new recreational fishing season. The new open season will be split – from 01 January through September 1 and then 16 September through 30 November. This was a recommendation made last fall. Mr. Colvin noted to the Council that, of the many difficult black sea bass open season options, this is the one that the industry eventually supported. Amendment 13 to the black sea bass plan that was approved by ASMFC, which creates the state-by-state commercial harvest quota system, sunsets after the 2004 fishing year. This will require a reevaluation and consideration of alternative management for 2005.

Tautog

Under the new ASMFC amendment to the tautog fishery management plan, an adjustment was made to the recreational measures. From the list of available options that were approved by the Commission, DEC is proposing a 2003 recreational open season of 01 October through 31 May, with a 10-fish possession limit during that time. The comments received by DEC during the public comment period were generally supportive. One organization supported an even earlier season closure.

Weakfish

A new amendment to the weakfish fishery management plan allows an increase in the closed season by-catch allowance from 150 to 200 lbs. It also requires that fishermen, in order to possess weakfish during that season, must possess no less of equal poundage of other species of food fish. Public comments were generally in support of the proposed increase in the closed season by-catch allowance. There was one objection to the new requirement for the equal poundage of fish. Councilor Dearborn, who was unable to attend this meeting, prepared a letter for the Council in order to voice her opinion and that of the New York Fishing Tackle Trade Association opposing the proposed increase in the weakfish commercial closed season by-catch allowance to 300 lbs until changes can be made that will benefit both the commercial and recreational fisheries for this species.

Red Drum

It is proposed to eliminate the minimum size limit for red drum and institute a 27” maximum size limit. This is a compliance matter under the amended red drum fishery management plan. DEC received two comments on the proposal. One was in support but with a recommendation that a minimum size limit be retained for this species as a safety valve. The other in support is a recreational group with no recommendations. No Council discussion of this proposal.

Haddock /Atlantic Cod

Sets the recreational minimum size limit for cod and haddock at 23” and the possession limit at 10 fish. Increases the commercial minimum size limit to 22”. These measures are both stipulated in the current groundfish fishery management plan. Mr. Colvin noted that, a few years ago, state and federal cod size limits differed and this caused enforcement problems. These proposals would restore consistency in federal and state management measures for these species. In Councilor Dearborn’s letter, referenced above, she opposed the increase in the recreational minimum size limit on cod to 23”.

Striped Bass

Earlier, and with the Council’s encouragement, DEC had revised the recreational fishing season for striped bass from 15 April to 15 December by emergency rule-making. The proposed rule would make the new season permanent. For the commercial striped bass fishery, DEC is proposing that holders of the special striped bass commercial harvest permit requalify for that permit every five years and is also proposing to allow gill net fishermen using certain minimum mesh sizes a 7-fish bycatch trip limit of striped bass. rements concerning requalification and the second is allowing changes to the gill nets. DEC received two comments on the proposed change to the recreational open season for striped bass, one supporting the earlier opening and one opposing it. Comments from commercial fishermen generally supported the gill net by-catch allowances. A recreational fishing organization recommended annual requalification for the striped bass special harvesting permit, rather than every fifth year.

Quota Managed Species

DEC is proposing to add a new labeling section for landing, possession, and shipment of quota-managed species (e.g., striped bass, fluke) to ensure consistency and clarity in these provisions. In the public comments, several recreational commenters supported the consolidated and streamlined labeling requirements. One comment from a commercial dock opposed the changes as unreasonably burdensome. Mr. Colvin observed that the proposal does not add new labeling requirements, which have been required for some time in New York. Captain Otterstedt informed the Council of how extremely important this issue is to law enforcement. Division of Law Enforcement officers often find cartons of fluke at the Fulton Fish Market and other locations that are not tagged. He indicated that a few people are beating the system by handling illegal summer flounder by saying that is was shipped in from another state and they can’t find their bill of lading. The labeling proposal would help to alleviate these, “back door” fish problems.