Mr. Colvin gave the Council a summary of the public comments received by the Department on its proposed changes for 2006 to marine finfish regulations.  This was the Council’s final opportunity to make formal recommendations on any of these proposed changes.  In the summary below, “(NC)” following the proposed change indicates that no comments were received on it.

Trip Limit Definition (NC) – This clarifies the existing commercial trip limit definition and adds language that enables DEC to construct weekly or biweekly limits for scup and weekly trip limits for fluke.

Marine Party and Charter License Holders – Requires all licensed party and charter license holders to carry an on-board observer and to report catch and effort information, when requested by authorized representatives of DEC or the National Marine Fisheries Service (NMFS); upon notice by DEC, requires all licensed party and charter boats to submit fishing vessel trip reports (VTR’s) for each for-hire trip.  Mr. Colvin clarified two points relative to this proposal.  This rule would make it mandatory to submit VTR’s to DEC when and if the Department makes written notice of such request. It does not become effective immediately, but only should the Commissioner of DEC determine it is necessary and appropriate.  Regarding on-board observers, NMFS’s for-hire vessel survey applies only to larger party boats. People were concerned that the requirement to take aboard an observer if requested by NMFS might apply to small, six-pack vessels.  It does not.

Commercial Food fish License Decal– The Council had previously recommended to DEC that it implement a requirement that all commercial food fish license holders display a decal while fishing as a means to more readily separate legitimate commercial fishermen from recreational anglers who are catching and then illegally selling their fish (especially blackfish).  Two comments were received on this proposal.  One commenter agreed with the concept but suggested that the regulation more clearly define the term, “operating as a commercial vessel.”  The second comment suggested that state regulations require commercial license holders to comply with the federal vessel identification requirements; they felt that the size and location of the proposed decal would be too difficult to see. 

Atlantic Cod & Haddock – Decrease the recreational minimum size limits for Atlantic cod and haddock to 22” and 19”, respectively, to be consistent with NMFS and neighboring states.  The one comment received did not support or object to the proposed change, but stated that New York’s marine fish regulations should not be based on an attempt to keep our cod and haddock regulations consistent with those of the interstate fishery management plan for these species. (Editor’s note:  under federal law, New York is required to do so or potentially face stiff penalties, including federal pre-emption of the management of marine fisheries in state waters).

Winter Flounder – This would increase the minimum length of recreationally-caught winter flounder to 12”, decrease the recreational possession limit on this species to 10 and reduce the open season for recreational winter flounder fishing from April 1 to May 30.  Revised regulations to reduce recreational fishing mortality of winter flounder is required of New York (and other states) under Amendment 1 to the Atlantic States Marine Fisheries Commission (ASMFC) Winter Flounder Fishery Management Plan.  The specific proposals made for winter flounder attracted considerable public comment.  Most commenters stated that they would prefer to see an open season that included June (particularly those respondents from the Moriches Bay area.)  A few comments suggested that this species is in sufficiently dire condition to warrant a total cessation of harvests for a period of time.  Councilor Charles Witek noted that the regulations originally recommended by the ASMFC Winter Flounder Technical Committee were even more stringent than those being proposed.  In his view, regulations are needed that provide for an open flounder season early in the fishing year, when few other species are available, but then shuts down when the flounders begin to stage near the inlets prior to moving offshore for the summer, at which time they are very vulnerable to fishing.   Councilor Melissa Dearborn stated that many in the recreational fishing business community would rather see an earlier opening date, e.g. in March.

Black Sea Bass  (NC) – Remove the closed season in the recreational black sea bass fishery

Oyster Toadfish –Implement a recreational and commercial minimum size limit of 10”, possessions limit of 3 in the recreational fishery and 25 in the commercial fishery, and set a closed season of May 15 to July 15.  Three comments were received, all favorable to the proposal; one commenter suggested a moratorium on harvest of this species.

Sharks (NC) – Revise the federal register citation for shark regulations to incorporate by reference the NMFS shark regulations.

Summer flounder, bluefish, black sea bass and spiny dogfish commercial regulations (NC)– eliminate duplicate text in the existing summer flounder, bluefish, black sea bass and spiny dogfish commercial regulations to reflect changes in quota periods, to correct internal text references and to allow flexibility for quota management

Winter Flounder(NC) – Eliminate the registry and independent reporting for the commercial winter flounder fyke net fishery and replace them with mandatory filing of vessel trip reports (VTR’s).

Winter Flounder and Scup – Increase the minimum commercial mesh size on winter flounder trawls (to 6”diamond and 6.5” square) and scup (to 5”diamond for 75 meshes forward of the cod end, or throughout the net if the net is less than 125 meshes in length).  One comment received in support of the proposal, with the writer suggesting that more needed to be done to protect the winter flounder than just changing the mesh size.  This is a compliance requirement under the interstate fishery management plans for these species.

Striped Bass – Increase by-catch limit for striped bass caught in commercial trawl gear from 7 to 21 fish.  Five comments were received; all opposed this change, citing that this liberalization would foster a directed trawl fishery.

Councilor Freierman made a motion to recommend that DEC move forward with the above regulations as quickly as possible.  Councilor Dearborn second.  Councilor Witek wanted to go on record that he will abstain from voting on this motion.  He agrees with all of the above proposals except for increasing the striped bass by-catch allowed to trawlers.  Ms. Freierman’s motion was adopted by a vote of 10 in favor; 0 opposed; 2 abstentions.

 

Page last modified Friday, March 10, 2006 by George E. Carroll