Chairman Wise reminded the Council that Councilwoman Sima Freierman had raised the issue of the current 7-fish/trip by-catch limit on striped bass caught by trawlers.   She felt that this limit was too restrictive, particularly since there is a safety net in place in terms of the overall catch, which is the striped bass tag allocation system.  Ms. Freierman contended that, under the 7-fish by-catch limit, some trawl fishermen possessing the special striped bass commercial harvesting permit were unable to use all of their tags in a year.  She stated that it was unfair to allow part-time fishermen, many working full-time in something other than the fishing industry, to be able to use their striped bass tags however they want but restrict full-time trawl fishermen, with very sizable investments in their boats, insurance, etc. to catching only seven striped bass per trip per boat.  She would like to get away from the by-catch allowance and allow all commercial fishermen to harvest striped bass up to their tag allotment whenever they can land them.  In her view, this would result in a reduced rate of striped bass by-catch.

Mr. Gordon Colvin, Marine Resources Director for DEC, reminded the Council that the basis of the current striped bass regulations is that trawls should not be used in a directed fishery for striped bass, but that there would be an opportunity for trawl fishermen to retain a limited number of bass on a by-catch basis.  A regulatory proposal four or five years ago proposed to eliminate or increase the striped bass by-catch allowance for trawlers.  A great deal of public comment opposed that idea.  The Marine Resources Advisory Council voted to support the proposed change (not unanimously, Mr. Colvin recalled).  DEC staff then examined data on trawl catches of striped bass.  The data revealed that relatively few trawl trips reported landing seven striped bass; most trawl trips landed less.  Based on that analysis, DEC at the time decided not to change the striped bass by-catch allowance for trawlers.

Mr. Colvin distributed data on striped bass catches by gear since 1995.  Over that time, about 30% of the trawling trips reported harvesting seven striped bass; 68% of the trips reported harvesting fewer than seven.  The environmental organization “Oceania” has recently petitioned the National Marine Fisheries Service (NMFS) to take direct action to reduce discards of striped bass taken incidentally by trawlers in EEZ waters, where, for many years, no striped bass could be retained.  Councilor Freierman asked about the status of allowing the harvesting of striped bass in federal waters.  Mr. Colvin replied NMFS was proposing to allow possession of striped bass in the EEZ both commercially and recreationally in a manner consistent with possession requirements of the state where the fish would eventually be landed.  This proposal is currently in the public comment process and is very controversial.

Councilor McBride stated that he would like to help trawl fishermen out with this possession limit.  However, he feared having a loop hole that would allow abuses in the trawl fishery.  He suggested applying the by-catch limit on a per person basis aboard trawlers, but also limiting the number of persons allowed aboard a trawler with the special striped bass commercial harvest permit.

Councilor Tom Jordan said that there is a difference between increasing the striped bass by-catch limit for trawlers and removing it altogether and making it a direct fishery.  He wanted it known that he supported an increase but he would be against making it a direct fishery.  He feels that even a short-term, intense directed trawl fishery for striped bass might have unacceptable consequences on the abundance and local availability of the fish to other users.

Commercial fisherman John Mihale stated that a commercial fisherman should be able to harvest what they need when the fish are available.  He feels that this may result in fewer striped bass discards.  He noted that there is a way to open a trawl net on the surface so that many of the striped bass can be released safely if they exceed the number of tags present on the vessel. 

Commercial trawl fisherman Bill Grim said that he no longer fishes inshore because of the squid, now they fish in federal waters, beyond three miles from shore.  If there are five holders of the special striped bass commercial harvesting permit on the crew, the boat comes inshore and makes a quick 20- to 30-minute tow, maybe catch 100 bass, take out 7 and let the rest go.  To use up everybody’s tag allotments, they need to do this many times. If the by-catch limit were relaxed or removed entirely, the boat come inshore once or twice a year, catch their cumulative tag allotment in striped bass, and, thereafter, stay offshore fishing for other species.

Chairman Wise asked how readily trawl fishermen would be able to avoid incidental catches of striped bass once they used up their tag allotments and were no longer allowed to retain them.  He thought more discard and discard mortality might result in this scenario.  Councilor Sandy Mason, an inshore trawl fisherman, stated that striped bass do not often school with other fish,  so it’s very easy to avoid striped bass.

Ms. Freierman moved that the Council recommend to DEC that it remove the current seven-fish per vessel per trip striped bass by-catch allowance given to trawlers, with the stipulation, if necessary, that this be limited to legitimate crew members aboard the trawler.  Her motion was seconded by Councilor Mason.  Ms. Freierman’s motion was defeated by a vote of 5 in favor; 7 opposed; 0 abstentions.

Councilor Robert Danielson made a motion that the Council recommend to DEC that it increase the striped bass by-catch allowance for trawl fishermen to 7 fish per person per trip.  Seconded by Chairman Wise.  Councilor McBride again stated that he would not want to see trawlers taking on “crew members for a day” just to allow the vessel to harvest more bass per trip.  He would like to prevent this contortion of any relaxed by-catch allowance.  Councilor Danielson subsequently withdrew his motion.

Councilor McBride moved that the Council recommend to DEC that the current 7-fish striped bass by-catch allowance for trawlers be increased to 21 fish.  This larger trip limit would still apply to the vessel, not to individual crew members.  By a vote of 11 in favor; 0 opposed and 1 abstention, the Council adopted Mr. McBride’s motion.

Councilor Jordan wanted it noted that he personally would not like to see more pressure put on the fishing at Montauk and would be very concerned if the limits were set higher.

 

Page last modified Tuesday, November 16, 2004 by George E. Carroll