Councilor Joseph McBride was the chairman of the above-named subcommittee and gave the final report and recommendation of the subcommittee to the Council.  The subcommittee’s recommendations are as follows:

1. Numerical cap on "for hire" vessel licenses
   1. Institute a cap on the number of licenses that could be issued to charter ("six-pack") and smaller vessels operating in the marine waters of New York State.  This cap would not apply to the higher passenger-capacity partyboat vessels. 
   2. Set the cap at 100 more than the number of "for hire" vessel operators licenses issued by DEC to charter boats in 2006, to allow for new entrants.
   3. Give prospective new entrants 12 months to request/receive one of the 100 additional "for hire" vessel operators licenses. 
   4. License transferability
      1. charter boat "for hire" license should be transferable to immediate family members
      2. if possible, allow charter boat "for hire" license to be sold as some federal fishing license can be
   5. Set a 5-year sunset period on the above cap and derivative measures

Discussion:  Councilor Sima Freierman said that the talk on the docks is that business is bad for many in the fishing business and for several reasons, i.e., the low quota numbers, the high cost of fuel.  She wondered whether there were already too many boats engaged in the "for hire" business; allowing this sector to grow might have a negative impact on fishery resource conservation.  Councilor Charles Witek spoke strongly against the proposed numerical cap on "for hire" vessel operators licenses for charter boats.  He feels that such a cap would be good for the charter boat industry, but not anglers pondering a charter trip or the general public.  It could potentially serve to limit choices open to those wishing to go charter fishing. Mr. Colvin inquired whether or not separate caps had been discusses (resident vs. non-resident).  Councilor McBride responded that the subcommittee had not discussed this point, but he would have no objection to establishing separate caps for resident vs. non-resident charter boats.  Mr. Colvin asked whether saltwater guides who carry fewer than six persons were consulted in developing this recommendation.  Mr. McBride responded that they had been and they expressed mixed views on the cap proposal.  Mr. Colvin suggested that a complete restructuring of the "for hire" vessel license might perhaps be considered, wherein they would be separate license categories, some of which might be capped (charter boats) and some not (partyboats).  He also commented that whatever might be done with "for hire" vessel license caps and any qualification criteria and/or mechanisms should be consistent with whatever gets developed over the next few months for commercial fishing licenses.

Councilor Thomas Jordan moved that the Council accept and recommend to DEC the above set of proposals for capping the number of "for hire" licenses issued to charter boats and smaller "for hire" vessels.  Councilor Melissa Danielson seconded this motion.  Mr. Jordan's motion was adopted; the vote was 8 in favor; 1 opposed; 2 abstentions.

2. Diesel fuel taxes
   1. the owners of "for hire" vessels should qualify under state law for the same deferments/rebate of state fuel tax that are presently offered under state law to commercial fishermen.

Discussion:  It was noted that, in reviewing legislation at its April 2006 meeting, the Council had already promoted this recommendation to the State Legislature and there was no need to take any further action on the issue.  Mr. Colvin suggested that it might be beneficial to undertake a study to determine the amount of diesel fuel actually purchased by the "for hire" sector in New York and what the savings to the industry in deferred/rebate excise tax dollars would be.

3. Allow striped bass caught when a vessel is sailing "for hire" to be sold
   1. charter boat crewmembers with commercial striped bass tags cannot legally sell striped bass caught from a vessel while sailing "for hire"
   2. the necessity of sailing separately, in a "not-for-hire" mode, in order to catch fish with which to use their tags represents an economic burden on "for hire" vessel crews
   3. charter/party fares often catch more fish than they want to keep; allowing crewmembers with tags to keep and sell these fish makes economic sense at a time when the costs of operating a "for hire" vessel are increasing
   4. the Council previously supported the idea of increasing the striped bass by-catch allowed to trawl boats from 7 to 21 fish per day to help the crew on these boats more efficiently use their tags; "for-hire" vessel crews deserve similar consideration
   5. Allow a small number (3-7) of striped bass caught while a vessel is in the "for hire" mode to be sold by crewmembers possessing commercial striped bass tags.

Discussion:  For the most part, councilors and many in the audience did not support this.  Councilor McBride noted that the proposal allowance would apply only to the small number of "for hire" license-holders that also possess commercial striped bass tags.  Some councilors expressed a fear that permitting this allowance would result in high-grading, when legal-size striped bass are kept until such time as a larger and more valuable fish is caught.  High-grading is illegal under current state regulations.  Councilor Dearborn felt that allowing sale of striped bass off "for hire" vessels would encourage recreational fishermen to sell their fish, which she did not want to see happen.  She also stated that the "for hire" vessel situation is not equivalent to that faced by trawl fishermen, for whom striped bass is an unavoidable by-catch; "for hire" fishermen target striped bass.  Councilor Witek also voiced strong opposition to this proposal.  He believes there is nothing wrong with a fisherman keeping a fish or two under the regulations; however, there must be respect for the fish and conservation must be supported.  Councilor Jordan spoke on the comparison with the striped bass by-catch allowed to commercial trawlers.  When the trawl fishery was deemed a by-catch fishery, the figure of 7 per day was derived from an examination of striped bass by-catch discards reported by trawl vessels.  Years later, when trawlers began to encounter more striped bass as the population of this species rebounded, these by-catch figures began to rise.  The higher by-catch allowance wasn't really economic decision, in his view; the current discard information suggested that a higher by-catch number would be more efficient and more conservative in dealing with this problem.

Mr. John Mihale, a commercial hook & line fisherman, said he didn't see anything wrong with a "for hire" vessel captain or crewmember using his tags on fish that were caught while sailing in a "for hire" capacity.  At the end of the season, one can only sell as many striped bass as one has commercial tags. 

Councilor Jordan made a motion that the Council not support the proposal to allow a limited number of striped bass caught while a vessel was fishing "for hire" to be sold.  Councilor Witek seconded the motion.  Mr. Jordan's motion carried.  The vote was 5 in favor of the motion; 3 opposed; 3 abstentions.

 

Page last modified Friday, November 3, 2006 by George E. Carroll