Mr. John Mason of DEC distributed a summary of proposed emergency rules on finfish to be implemented in April 2000. Mr. Colvin explained that these measures were required to remain in compliance with interstate management plans. Additional measures were still undergoing internal DEC review.

Fluke or Summer Flounder

The fluke regulations include raising the recreational minimum size limit to 15.5" and changing the recreational open season to 10 May - 2 October. In line with the Council’s earlier recommendations, the commercial quota harvest periods are being redefined and a separate commercial hook and line gear category established to receive a 5% allocation from the state’s annual commercial fluke quota.

Earlier this year there was a joint meeting of the Mid-Atlantic Fishery Management Council and the ASMFC fluke board to review the quota performance of the recreational fishery and develop coast-wide recreational measures. It was decided to require either a 41% reduction from the 1998 base catch of fluke, or the conservation equivalency. If a state chose the conservation equivalency option, it incurred an additional penalty. Mr. Colvin informed the Council that, in discussions with the charter & party boat industry in New York, the industry reluctantly agreed to the coast-wide option, which translated into the 15.5" length and 8 fish creel limit. The coast-wide measures’ effects on the New York 2000 harvest was only a (projected) 32-34% reduction, less than the 42% required if the conservation equivalency route was chosen. But New York could choose the conservation equivalency option.

Mr. Mason distributed statistical tables on the effect of various minimum size, possession, and closed/open season limits on New York’s recreational summer flounder landings. The Council debated the relative merits of different size limits, possession limits, and seasonal opening/closing dates in this recreational fishery. Captain John Sinning read a letter from the North Fork Captain Association requesting that the summer flounder season open May 1. The Association claims that no other fishery was available to East End charter/party boats at that time and delaying the opening of the recreational fluke season to 10 May, as proposed, would impose a significant economic impact on its members, as well as East End bait & tackle dealers. Several charter/party boat captains from further west on Long Island supported DEC’s recreational fluke proposals, which are consistent with the coast-wide plan.

The Council spent some time discussing the feasibility and merits of establishing two management zones for fluke in the waters around Long Island, one for waters to the west and one for North Shore/East End waters. The timing of the seasonal appearance of this migratory species makes this an attractive idea. Mr. Mason stated that it would be very difficult to establish different size limits/open seasons for different areas. Very accurate historical data on catches from each area would be required to justify the differential regulations. Chairman Wise agreed to work with members of the charter/partyboat industry to explore the adequacy of the data maintained by the National Marine Fisheries Service for this purpose.

Mr. Wise solicited comments about the proposed changes in commercial fluke regulations. Weekly reporting forms from the fishermen would be cross-checked with dealer reports to match the totals. John Mihale stated that New York required trip reports, and fluke fishermen could sell only to licensed dealers. These numbers also had to be telephoned in weekly to NMFS’ voice response reporting mechanism. Gear type was on the dealer form. Commercial fishermen in attendance voiced approval for the creation of the separate rod & reel/handline category for those holders of the special commercial fluke harvesting permit who wished to declare themselves in this category. Mr. Wise reminded the Council that this category was an experiment whose effectiveness and impact would be closely monitored.

Mr. Wise moved that the Council support DEC’s proposed fluke emergency regulations but also recommend that DEC present the ASMFC fluke technical committee with a proposal for a separate North Shore/East End management area for fluke, with distinct regulations, if data exist that could support such a designation. The Council adopted this motion by unanimous vote.