Mr. Gordon Colvin of DEC’s Bureau of Marine Resources gave the Council a briefing on problems in management of scup (porgy). The scup fishery was recently closed in New York waters. The scup fishery, like the fluke fishery, is subject to both federal fishery management and an interstate Atlantic States Marine Fisheries Management Commission plan. Unlike the fluke plan, scup management involves an annual quota divided into three seasonal components: Jan 1 - April (Winter I), May 1 - October 31 (Summer), and November 1 - December 31 (Winter II). The winter period has historically been dominated by off-shore catches and the summer period by in-shore catches. Winter I and II harvest quotas are not administered on a state-by-state basis, but are coast-wide, with all federal permit holders allowed to participate equally in the fishery under trip limits. NMFS closes the fishery down when the quota is projected to be reached. The Summer period was initially managed by state quotas. The State of Massachusetts filed a lawsuit challenging the state-by-state summer quota management system. The courts accepted Massachusetts’ case and issued court orders which prevent the National Marine Fisheries Service from enforcing the state-by-state quota system. However, the ASMFC management plan was not included in the lawsuit and the ASMFC quotas still stand and are a compliance element of the management plan. For the first two years of this plan, the quotas were never reached for any of the periods. This is the third year. Because of the court order, Massachusetts greatly exceeded the quota assigned them by ASMFC, but because Rhode Island and New York took much less than their quotas, the overall quota was not exceeded on a coast-wide basis. Scup remain overharvested and subject to an aggressive stock rebuilding plan under both the federal and interstate (ASMFC) management plans. This year, the coast-wide quota took a cut as part of that stock rebuilding plan. Partly because of that cut and partly because of increasing availability of scup, the harvest rates went up and the Winter I quota was exceeded, which closed the fishery down about a month before the end of the period. When the summer period started there was some indication of recovery, and there was uncertainty how to approach management. Massachusetts, court victory in hand, was unrestrained; fish came in-shore in great numbers and were caught early in the season. The federal permit holders were closed out June 18, and the New York state quota was used up shortly thereafter; New York State permit holders were shut down July 11, and we may have been about 20,000 lb. over the quota.

Mr. Colvin stated that DEC is talking with state marine fishery managers in Rhode Island, Connecticut, and New Jersey who have unutilized quota remaining to pursue transfer of this underutilized quota to New York to avoid any "payback" for our overage. Massachusetts was far over their quota but this time they did close, on the advice of their lawyers. There may not be enough quota available from the other states to allow reopening during the summer period this year. Fishing mortality rates for scup are still far in excess of what they should be, so another significant cut in the coast-wide quota is likely. The Mid-Atlantic Fishery Management Council, as required by the Sustainable Fisheries Act Amendments to the Magnuson Act, submitted an amendment to the scup fishery management plan to the Secretary of Commerce last fall that included new overfishing definitions and stock rebuilding schedules. The Secretary (NMFS) rejected it as neither conservative nor fast enough in terms of rebuilding the stock. The Council has no option other than to continue with the stock rebuilding schedule already in the current management plan, which is painful enough. Some people who have looked at preliminary quota numbers for next year have suggested that, even under those conditions, the scup fishery might as well be closed altogether. There is one source of optimism: the 1997 class of scup was very good; 1998 was even bigger. If this extraordinarily good recruitment continues, the scup resource will rebuild much faster than expected. It is not clear whether Winter II quotas can be moved back to the Summer quota; New York cannot do it because it doesn’t own any Winter II quota, only Summer quota. It could only be done by a decision taken on an emergency basis by the Mid-Atlantic Council and the Secretary of Commerce.

Representatives of the commercial handline fishery felt that, if a 50% reduction in scup fishing mortality is required, a 5000 lb. trip limit in Period I allowed off-shore boats to annihilate the stock at the beginning of the season. Such an action was interpreted by some as indicating that New York, in managing scup, was deliberately favoring certain gear types (offshore trawlers) over others (inshore handline and trawl fishermen). It was also noted that delays in dealer reporting is having a deadly impact on how the seasonal quotas are being implemented. Some persons addressing the Council felt that there should be different scup management measures established for different commercial fisheries (e.g., hook & line vs. trawl). Mr. Colvin said that the transfer of quota would be pursued, so that the summer scup season could be reopened, but there is a problem with 20,000+ lb. of overage. Chairman Wise agreed that different groups needed and wanted different things; he pointed out that many off-shore fishermen also feel that their needs have been disregarded. Compromise and accommodation are required. Mr. Colvin added that it would be a sound policy to lower the opening trip limit, but the down side would be that holders of federal permits could lose out in case of an early closing of federal waters.