This year, the laws that were adopted extending DEC’s regulatory authority over marine species also repealed a number of statutory limits affecting marine recreational catches. The 10-fish and 6-fish recreational possession limits on bluefish and weakfish, respectively, are gone. The 16” minimum size limit on recreationally-caught weakfish has also been removed. When these statutory limits were in place, DEC could adopt more, but not less restrictive measures through regulation. With these statutory constraints removed, changes to these limits to comply with interstate fishery management plans for these species can move in either direction through regulation.

The current interstate fishery management plan for bluefish allows a bluefish recreational possession limit of 15 fish, which will be maintained for next year. Mr. Colvin noted that some states have adopted this creel and some states have not. DEC has not yet decided to change the present bluefish creel limit in New York (10 fish). Amendment 3 to the interstate fishery management plan for weakfish, adopted last year, allows a variety of combinations of possession and minimum size limits of equal conservation value. New York’s current set of recreational weakfish limits, 6-fish creel limit and 16” minimum size limit, is more conservative than is required under this plan. Mr. Colvin stated that the Department has been receiving some expressions of interest from those involved in marine recreational fishing in New York to these catch restrictions on bluefish and weakfish. Any proposed changes would likely be incorporated into the Department’s next general rule-making proposal to update harvest regulations for marine species, such as fluke, scup, and black sea bass. He emphasized that the Department will give priority in developing its rule-making package to those species & specific limits that must be changed if New York is to remain in compliance with regional fishery management plans. The above limits on bluefish and weakfish are not compliance issues.

Councilor McBride said he was not opposed to increasing the bluefish creel limit from 10 to 15 fish, as this species appears to be abundant. He thought that charter and party boats, especially those from the western end of Long Island, would welcome a relaxation of the weakfish limits because they are having a hard time dealing with the restrictive limits on some of their historic “bread & butter fish”, such as fluke.

Mr. Neil Delanoy of the Captree Boatmens Association pointed out that this is the third meeting in a row that the weakfish/bluefish recreational limits have been on the Council’s agenda. He thought the Council should make a decision now on whether or not to raise the bluefish creel limit. He stated that the Council should also address the weakfish issue, observing that even with a higher creel limit of 10 weakfish and a lower minimum size of 15”, New York’s recreational weakfish limits would still be more conservative than those in New Jersey.

A. Weakfish Recreational Limits

Councilor McBride made a motion that the Council recommend to DEC that the recreational possession limit on weakfish be increased from 6 to 10 fish and the minimum size limit reduced from 16” to 15.” Councilor Bob Danielson seconded the motion.

Chairman Wise asked Alice Weber of DEC to reiterate the current information concerning the dissimilarities in the relative condition of the weakfish stock north-to-south. He stated that one could argue that the northern component of the stock, which is what New York fishermen harvest, was doing more poorly than the southern component.

Ms. Weber said that the coast wide estimated weakfish fishing mortality rate is down and the biomass target in the current weakfish management plan is about 31 million pounds. The most current weakfish abundance estimate projects a population biomass of about 100 million pounds, at 3 to 4 times higher than the target provided by the management plan. In an apparent paradox, however, recent weakfish recreational landings have been horrendous. The stock assessment scientists are very uncomfortable with these findings, i.e., the abundance estimates very high but the landings very low. Ms. Weber observed that the commercial fishery for weakfish doesn’t seem to be doing as badly as the recreational fishery, but it is not seeing record high landings. Mr. Colvin wants to find out when the new weakfish stock assessment will be done; he feels it will give a clearer picture of the status of the weakfish stock in New York’s waters.

Councilor Melissa Dearborn urged the Council to reach a recommendation so that when the time comes next year for the DEC to look over the regulations, it will know the Council’s feelings.

Commercial hook & line fishermen John Mihale advocated retaining the current 16” minimum size limit for weakfish, even if the creel limit is increased. He also expressed a concern that a higher bag limit might result in a greater tendency for anglers to sell a portion of their weakfish catch, illegally. Captain Otterstedt of DEC’s Division of Law Enforcement questioned whether this would occur, although he did agree that illegal sales of fish by unlicensed anglers was already a significant problem for law enforcement.

Addressing the issue of the uncertainties in the current data on weakfish abundance and landings activity, Councilor Dearborn suggested that councilors should approach the issue based on their own judgment and experience and not rely on statistics only. In her view, this applies to all fisheries; all too often, statistics do not match up to what the actual experience happens to be.

The Council adopted the motion to recommend that DEC change the recreational limits on weakfish to a 10-fish possession limit and a 15” minimum size limt; the vote was 7 in favor, 4 opposed; 0 abstentions.

B. Bluefish Creel Limit

Councilor McBride motioned that the Council recommend to DEC that the creel limit on bluefish be increased from 10 to 15 fish. Councilor Danielson seconded the motion.

Mr. Colvin informed the Council that bluefish are currently managed under a harvest quota. Bluefish are officially overfished; however, their fishing mortality rate has plummeted and DEC hasn’t had to become more restrictive on bluefish quotas. The fishing mortality rate and recreational landings have declined because of a reduction in recreational fishing effort for this species and, possibly, a change in the geographic distribution of this species and its accessibility to recreational harvest effort. It is anticipated that the coast wide bluefish quota will be raised a bit for 2004, which is a reflection of the slight increase in bluefish biomass detected in the most recent stock assessment. Mr. Colvin stated that both the Mid-Atlantic Fishery Management Council and its Bluefish Management Board feel there is no reason change their recommendation that the bluefish creel limit stay at 15. The Council and the Board believe that a 15-fish isn’t constraining the recreational bluefish catch. However, in local waters, bluefish recruitment has been poor for the past three years. In light of this, Mr. Colvin questioned whether it is advisable to stimulate the harvest of younger bluefish that are perhaps more vulnerable to be taken in higher quantities than older bluefish?

Councilor Danielson did not see a problem with increasing the bluefish creel limit to 15, as long as the scientific data supports that this will be beneficial to the industry and not hurt the condition of the bluefish resource.

The motion to recommend that DEC raise the bluefish creel limit from 10 to 15 fish was adopted by a vote of 10 in favor; 0 opposed; 1 abstention.

C. Hudson River Striped Bass Creel, Minimum Size, Season Limits

Mr. Colvin pointed out that current recreational regulations for striped bass caught in the Hudson River are a 1 fish creel limit and an 18” minimum size limit from the George Washington Bridge north. Hudson River waters south of the George Washington Bridge are governed by different Marine District regulations. Amendment 6 to the Interstate Fishery Management Plan for striped bass sets coast wide standards of a 2 fish creel limit and a 28” minimum size limit. These limits are applicable to the Hudson, although some other mix of measures which is determined by the Atlantic States Marine Fisheries Commission (ASMFC) to achieve conservation equivalency with 2 fish at 28” would also be acceptable. Mr. Colvin stated that Amendment 6 also recommends protection of fish during spawning in the spawning areas of any spawning river, such as the Hudson.

DEC has been reviewing at what measures might achieve a conservation equivalency with 2 fish at 28”. Mr. Colvin pointed out that the Department does not intend to increase the recreational creel limit on striped bass in the Hudson River, presently 1 fish. The Department initially assumed that, with a 1-fish creel limit, the minimum size limit that would achieve conservation equivalency with 2 fish at a 28” minimum size limit would presumably be higher than the current 18” minimum size limit. The Department has concluded its conservation equivalency technical assessment and it now appears that 1 fish at 18” does provide a conservation equivalency standard equal to or better than 2 at 28.” This assessment information has to be presented to, and accepted by, ASMFC’s Striped Bass Technical Committee and the Striped Bass Management Board. Mr. Colvin stated that DEC is sharing this information with the Council and will do so in the near future with the recreational fishing industry, particularly that portion involved in fishery in the Hudson River. DEC also wants to discuss options for increasing the level of protection for the spawning fish in the Hudson River. The bulk of the striped bass fishery in the Hudson River is concentrated in the spring spawning season. The Department would like to identify options to reduce the mortality rate, consistent with the recommendation in Amendment 6, on these spawning fish. DEC has developed a list of preliminary management and regulatory options that will be put up on the Department’s web site September 15th. A public information meeting with Hudson River fishermen will take place at DEC’s office in New Paltz Office on 01 October 2003. Mr. Colvin emphasized that, unless ASMFC’s technical staff reject DEC’s conservation equivalency assessment, New York does not have to change its present minimum size or possession limits on striped bass taken from the Hudson River. Based on the public input, however, the Department may opt to make changes.