Councilor Freierman noted that, when black sea bass management moved to a state-by-state basis, the commercial trip limit in New York for this species went from 9,000 lbs. in January 2002 to 500 lbs. in January 2003. Catches of black sea bass are up and, with this low trip limit, discards are very high. Ms. Freierman noted that of New York’s 63,000 lb. Period 1 quota for this species, only 12,000 lbs. have been caught thus far. The summer period black sea bass quota is 50% of the annual quota. Ms. Freierman questioned whether it would be possible to roll uncaught quota from Period 1 into Period 3, rather than the summer (April to September) period.

Mr. Colvin informed the Council that Period 3 for the black sea bass quota is October to December and provides 20% of the annual quota with an initial trip limit of 100 lbs. The quota allocation mechanism calls for subdividing period 2 into 3 equal bi-monthly periods and also explicitly calls for rolling any period’s underage into the next period. Period 1 was allocated 30% of the total annual quota and, through 03 May 2003, quite a bit less than that has been actually harvested (11,700 lbs out of a Period 1 allocation of 84,000 lbs). The substantial underage (73,000 lbs) will roll to Period 2, almost doubling the Period 2 quota. Can we hold some of the larger Period 2 quota for Period 3? Mr. Colvin proposed that DEC entertain some kind of comment on such an action and get some input and advice from the Council. He observed that sea bass fishermen will be working off their Period 2 quota for some time, affording an opportunity for DEC and the industry to have a thorough discussion before a decision is made.

John Mihale of the New York State Commercial Hook and Line Association suggested that ASMFC be petitioned to allow uncaught black sea bass quota remaining at the end of the year to roll into the following year. Mr. Colvin responded that this has been frequently discussed within ASMFC and the advice from the scientific advisory bodies is to not allow interyear quota rollover. Mr. Mihale noted that, if too much quota is rolled into Period 3, some might remain uncaught at the end of the year and it would then be entirely lost to fishermen.

Mr. Colvin describe how this issue is handled with scup, another quota-managed species with multiple harvest periods. With scup, uncaught quota cannot be rolled at all. There is a proposal to allow uncaught scup quota from Winter Period I to roll to Winter Period II, which is presently not allowed. 2.4 million pounds of unharvested winter I scup was just retired it. Mr. Colvin further noted that, unlike fluke, retired scup quota does not get “credited” to the measured biomass for this species, which is the basis if the following year’s quota allocation.

Chairman Wise asked Mr. Colvin how, procedurally, the Department would act, if it did, to allow black sea bass quota from Period 1 to roll, effectively, into Period 3. Mr. Colvin responded that this action can be taken on the basis of a “Commissioner’s determination,” which is the way rollover was made allowable in the first instance.

One fisherman asked whether there was any concern that the summer sea bass quota will be completely used up and there will be a closure either with or without the rollover from Period 1. Mr. Colvin responded that this is a concern, noting that Council Tom Jordan had earlier expressed concern about the size of the black sea bass trip limit and that Mr. Jordan felt that at least brief closures at the end of those three sub- divisions of the sea bass summer period were likely. Any rollover would mitigate against such closures.

Mr. Mihale noted that it is difficult to derive a true picture of the ability of the fishery to harvest quota within allocation periods because of the interaction between trips limits and period closures. Mr. Colvin agreed. Chairman Wise stated that the possibility of rolling sea bass quota between periods will be discussed by the Council at its July 2003 meeting.