Mr. Colvin explained to the Council that it appears that this year’s Winter I Period commercial scup fishery would come to an end with 2.5 million lbs. of scup unharvested.   Historically, any such quota underage was retired and stayed in the stock.  In 2003, for the first time, it became possible to roll uncaught quota from the Winter I Period into the Winter II Period.  This happened in 2003, but very little of the rolled quota was eventually harvested in the Winter II Period.  DEC expects that little, if any, of the projected 2.5 million lbs. underage from the 2004 Winter 1 Period, if rolled into the Winter II Period, would be caught this year, given the low demand that late in the year.  Mr. Colvin stated that, given the severe harvest restrictions being imposed on recreational scup fisheries in New York in 2004, DEC has submitted a proposal to ASMFC, to roll a portion (not all) of the projected underage in the 2004 Winter 1 Period commercial scup allocation to the recreational fishery.  This proposal is for 2004, only.  Mr. Colvin pointed out that the reverse roll has taken place in the bluefish fishery for the past few years.  There, unharvested recreational quota has rolled to the commercial fishery for bluefish.  ASMFC’s Scup Management Board will consider this proposal later this month.

At the ASMFC meeting scheduled for this coming week, New York’s proposed 2004 recreational regulations for summer flounder, scup and sea bass will be reviewed and actions will be taken.  Emergency regulations implementing the proposed new limits have been adopted but, simultaneously, these regulations have also been proposed to be adopted permanently.  The 45-day public comment period on the permanent rulemaking opened on 12 May 12 2004.  Mr. Colvin observed that, in commenting on DEC’s proposed regulations for marine species,  the Council has typically waited until the public comment period is over and then it makes its final recommendation with the public comment record before it.  He suggested that, if ASMFC issues a “non-compliance finding” on New York’s proposed 2004 recreational regulations for summer flounder (a possibility), the Department would like the Council to discuss possible recommendations in response to this finding at its July 2004 meeting.  Should there be a “non-compliance” ruling against New York, the Commission then formally so notifies the Secretaries of the U.S. Departments of Commerce and Interior.  This triggers a formal process of review and response.  Mr. Colvin offered that the Council might desire to have some role in the ensuing dialogue.

 

Page last modified Monday, July 5, 2004 by George E. Carroll