Mr. Byron Young of DEC described emergency regulations DEC has developed to restrict recreational harvests of summer flounder in 1999 as a response to the overharvesting of this species by recreational fishermen last year. Based on deliberations of the Council and consultations with the recreational fishing industry, the options being proposed are a 16" minimum size limit, 8-fish creel (possession) limit, and no closed season. This package has been developed and submitted to Albany for review. It will be implemented as soon as it is delivered to the Department of State, in about two weeks, but it will remain open to public (written) comment for 45 days, after which the regulations will become final. Mr. Young observed that the size limit increase provides the required estimated fishing mortality reduction and avoids a closed season, which many New York fluke fishermen did not want. Notification of the proposed regulatory change will be done through local newspapers, bait and tackle shops, and direct mailing to holders of charter and party boat operators licenses. This year, New Jersey will have a larger size limit with a shorter season. Connecticut also will have different regulations, to be detailed at the next Mid-Atlantic Council meeting at the end of March. Councilor Mason asked about the reaction to these regulations from party boat owners. Mr. Young responded that the season length was more important to them than the size limit. Mr. Young continued that there had been some discussions at both the Mid-Atlantic Fishery Management Council (MAFMC) and the ASFMC about increasing the commercial size limit to decrease by-catch mortality. The majority opinion of both groups was that this would not be appropriate for the southern end of the range of the species. As the population rebuilds, this option may become viable in the future. Mr. Wise asked if compliance was factored in when calculations were made as to the effects of measures intended to secure required reductions. Mr. Young responded that options had been calculated assuming compliance at both 75% and 100%; the 100% option was selected.

Ms. Laurie Banden, a representative of the recreational fishing industry, asked if allowing charter boats to fillet fluke at sea could be placed on the Council’s agenda. Mr. Young said this issue will be one of several to be addressed in an upcoming general marine finfishery regulatory proposal being prepared by the Department, but the process follows a protocol which will take at least another 6-9 months. Tony Calantropo, recreational fisherman, pointed out the inconsistencies of regulations which allow filleting of weakfish of certain measurements, but not fluke or winter flounder. Mr. Young explained that it was an enforcement problem. Mr. John Mantione of the New York Fishing Tackle Trade Association asked if something could be done about the discrepancies between New York, New Jersey, and Connecticut recreational bag limits for fluke, which he contended put New York at a marketing disadvantage. Mr. Colvin responded that there are equally difficult issues on the commercial side of the summer flounder fishery. DEC wants the Mid-Atlantic Council to address whether the stock rebuilding schedule for this species could be stretched out a little more. Present harvest regulations for fluke appear to be working; the biomass is recovering even as fishing effort continues to grow. Next week the Mid-Atlantic Council will hear a motion on changing the stock rebuilding period. Councilor Michael McCarron added that he is part of a group requesting that the National Academy of Sciences conduct a new fluke stock assessment to bring the quota up. Mr. Colvin added that fluke is due for a new assessment in June to enumerate progress made in rebuilding the biomass. This is extremely important. The National Academy is also studying the strengths and weaknesses of the current stock assessment methodology, and fluke is the case study they are looking at. The results may not be available until 2001. Sandy Mason expressed the hope that there would be a redistribution of state quotas before any overall increase. Mr. Colvin hoped that full recovery of the fluke biomass would eliminate the quotas altogether.