Chairman Wise referred to several communications received by him and DEC from partyboat operators in Montauk complaining about the rampant use of regulated species, principally sublegal-sized scup, as live bait.  The partyboat business depends on healthy populations of these species and the vessel operators are seeking some relief from this practice, which they believe threatens their livelihoods.  The Council had discussed this matter briefly at its September 2006 meeting, at which time it was agreed to hold a more in-depth discussion at today's meeting.

Mr. Wise observed that the possession of sub-legal regulated species is illegal and the issue there is basically an enforcement issue.  The related issue is whether legal-size specimens of regulated species should be allowed to be used as bait.  Mr. Colvin commented that this is not solely an issue of sub-legal fish.  If a species being used as bait has a recreational possession limit, it is very easy to violate this limit by the regular at-sea capture, use and replenishment of one's bait supply.

Capt. Paul Fosberg of the Viking Fleet in Montauk stated that it has been his observation that hundreds of boats in the Montauk area routinely catch and use small porgies as bait.  He noted that DEC does not maintain a vessel in Montauk and this practice (use of sub-legal fish as bait) can really only be detected with on-water enforcement.  Any sub-legal fish not used as bait are thrown back into the water on the way back to the dock.  He suggested that the cleanest, most efficient way to deal with the problem was to prohibit the retention of live scup (porgy) on board a vessel or prohibit their use as bait.

Mr. Colvin commented that a number of interstate fishery management plans were developed with the use of the managed species as bait in mind (e.g., American eel, Atlantic menhaden, squid).  However, the management plans for such species like scup, winter flounder, striped bass, black sea bass, etc. were not developed with use of these species as bait as a management in mind.   This is a concern to him.  He verified that the Department has the regulatory authority to prohibit the use of scup as bait.  Councilor Tom Jordan agreed with Mr. Colvin that allowing widespread use of these highly regulated species as bait, species that are themselves resource species for other fisheries, was a source of grave concern.

Councilor House suggested that several of the species mentioned by Mr. Colvin have been used for bait for years.  He suggested that the fishery management plans for these species should be revised to reflect this fact.   Mr. Jordan commented that one likely result of taking the use of regulated species as bait into explicit account in a fishery management plan is a tightening of recreational fishing measures for these species, as the management models will have to be revised to incorporate an additional source of fishing mortality for these species, i.e., their use as bait.  

One individual questioned whether using scup as bait for striped bass was having a large impact on the abundance of scup; striped bass routinely prey on small scup, anyway.

Mr. Wise asked Capt. Dorothy Thumm, head of the Marine Enforcement Unit, to comment on this practice and its attendant enforcement aspects.  She stated that use of under-size fish as bait is clearly illegal but the amount of resources available to the Division of Law Enforcement to conduct at-sea enforcement is limited and the marine waters of New York State are large.  ECO's cannot be everywhere at once.  To a point, DEC enforcement relies on the compliance of fishermen.  Mr. Wise asked whether or not the Department could mount a short-term but intensive enforcement campaign against this practice in the Montauk area that might have, even after it was scaled back, a residual deterrent effect?  Mr. Colvin and Capt. Thumm responded that ECO's have written under-sized tickets in the Montauk area for this practice.   Capt. Thumm will provide documentation to the Council on the number of tickets recently issued for possession of sub legal scup, tautog, etc.

Mr. Wise questioned the effectiveness of a blanket prohibition on use of scup as bait, or on the retention of live scup aboard, if the level of enforcement likely to be available is too limited to be much of a deterrent to would-be violators.  Councilor Squeri expressed skepticism that an effective level of on-the-water enforcement could ever be mounted that would make a dent in this problem.  Councilor Dearborn, however, stated that something should be attempted regarding this problem, even if it were only a focused educational program conveying the message that using sub-legal size regulated species as bait was illegal.

Councilor Charlie Witek stated that it was his experience that use of sub-legal regulated species as bait, not just scup but other species as well, has reached epidemic proportions in New York's marine waters and some action must be taken to deal with the problem.  In his view, the highest and best use of a foodfish is not as bait.

Councilor Freierman suggested that DEC promote the idea of making the use of scup, fluke, and black sea bass as bait illegal via an amendment to the Summer Flounder, Scup and Black Sea Bass Interstate Fishery Management Plan.  Mr. Colvin stated that, while he agreed with this sentiment, it will be very difficult to interject this issue at this time into the discussions surrounding Amendment 15 to that plan.  He noted the existence of an advisory panel for this plan and that some new people will be added to that panel in the near future.  Promoting this concept through that panel might give it more "oomph" within the MAFMC and ASMFC.

Ms. Freierman moved that the Council recommend to DEC that it address the issue of using regulated species of marine finfish as bait in the next round (2007) of marine finfish rule-making.  The motion was adopted.  The vote was 10 in favor; 0 opposed; 1 abstention.

 

Page last modified Friday, December 29, 2006 by George E. Carroll