Newsletter -- Volume V, No. 2 -- 02 October 2007

Board Chairman William Wise called the meeting to order at 7:10 pm.  He distributed a letter written by Mr. Michael Tone on behalf of his clients in the New York surfclam fishery encouraging the Board and DEC to resume and speedily complete the process of amending the current Atlantic Ocean Surfclam Management Plan.  At the past several meetings of the Board, DEC staff were unable to discuss anything regarding that management plan in light of an Article 78 application regarding it.  That case having recently been decided, Mr. Tone's clients wished to see the process of amending the management plan expedited.

Mr. Wise introduced Mr. Greg Nolan, a State assistant district attorney who had been involved in defending the State in the above-mentioned Article 78 proceeding.

Minutes, 10 July 2007 & 07 August 2007 Board Meetings

The draft minutes of the Board's 10 July 2007 and 07 August 2007 meetings were approved as written

Presentation by Dr. Bassem Allam of the Marine Animal Disease Laboratory, School of Marine and Atmospheric Sciences, Stony Brook University

Mr. Wise introduced Dr. Allam, who had previously briefed the Board on research he has been conducting for the past two years on pathological abnormalities in the gonads of surfclams taken from nearshore Atlantic Ocean waters south of Long Island.   He noted that he and his colleagues were continuing, with DEC support, to conduct field surveys of the incidence of these abnormalities, which it appears may be related to elevated water temperatures in the area.  However, field survey and monitoring work alone will not be sufficient to fully assess and document the role that temperature plays in causing these abnormalities in the gametes of surfclams.  Dr. Allam will soon initiate controlled laboratory experiments to more fully isolate the potential impacts of water temperature on surfclam spawning.  He asked the Board for assistance in providing clams for use in the field monitoring program and animals to be used in the lab experiments.  He would like to secure approximately 200 clams from the same location in January 2008 for the experimental work.  For the monitoring work, he needs approximately 30 clams every other month from the same square mile area.

In response to a question from Board member Paul Farnham, the experimental clams could be taken from either certified or uncertified waters.  

John Dempsey and Board member Bob Doxsee offered to work with Dr. Allam to get provide him these clams.  Dr. Allam thanked them.

Long Island Sound Surfclam Management Plan

Ms. Maureen Davidson of DEC reported that work on the Long Island Sound Surfclam Management Plan was nearing its end.  She asked for clarification on whether the Board had or had not agreed with setting the maximum dredge width under that plan at 5' (60").  Her notes and recollections on this point were not definitive.  Chairman Wise commented that, while the Board did not adopt an official position on this matter, when the concept of a 5' maximum dredge width was presented by the Department, it engendered no strong opposition.  He asked the Board whether it had any problem with this as a proposed maximum dredge width.  Mr. Reilly advocated a slightly larger width (e.g., 5 1/2').  Ms. Davidson also noted that the Board and DEC had briefly discussed moving the restricted width area line from its present location at Northville east to Horton's Point.  The proposal, thus, is to allow the following maximum widths when fishing west of that line:  dredge 60"; cutting blade 20."  East of that line, there would be no limit on dredge width but a 60" width limit on the cutting blade.  Ms. Davidson indicated that the Department was not pondering any limitation on dredge length in the Sound.

The Board expressed no objections with a maximum dredge width of 60" and a maximum blade width of 20" in the Sound.

A brief discussion ensued as to whether the plan will deal equally with chain bag and box dredges.  At the end of this, it was decided not to address this point in the first manifestation of the management plan in the Sound.

Ms. Davidson reminded the Board that it had previously endorsed the idea of starting the season in Long Island Sound on 15 September and closing it on either 15 February or the last day in February.  Patent tongs could be used in the Sound until 15 June, when the harvest limits are reduced for the summer (100 bushels/week).  DEC's Deborah Barnes confirmed that patent tong harvests will count against any annual mechanical harvesting gear catch quota.

Ms. Davidson said that the proposed management plan will feature owner permits that identify a specific vessel, which must belong to a New York State resident.  Some thought is being given to establishing a captain's permit in the Sound fishery similar to that available in the ocean surfclam fishery.  Crew members will have to possess a state shellfish diggers permit but not a special surfclam permit.  Non-residents could get a special surfclam harvesting permit only if that individual's state of residence offers New York fishermen the same privilege.

The environmental assessment associated with the draft LIS Surfclam Management Plan is undergoing internal (DEC) review. 

The 2008 fishing season in the Sound will begin 01 January and operate under current regulations.  The new management plan will likely take effect on 15 September 2008. 

2008 Atlantic Ocean Surfclam Annual Harvest Limit

Ms. Davidson reminded the Board that DEC had distributed the preliminary 2006 Atlantic Ocean surfclam survey report several months ago.  That report estimated the abundance of surfclams in State waters of the Atlantic Ocean at approximately 9.5 million bushels, a slight decrease from the previous survey estimate of 10 million bushels.  The 2006 report also revealed very little recruitment to the population and, thus, the clams taken in the 2007 fishery were almost certainly not replaced through growth of smaller clams (no sub-legal size clams were found in the 2006 survey).  Ms. Davidson stated that, for these reasons, and to adopt a precautionary approach to conserving the ocean surfclam population in State waters, the Department will retain a 400,000-bushel annual harvest limit in the ocean fishery for 2008.  The Department intends to do another population survey in the ocean in 2008. 

In a related matter, Ms. Davidson showed 2007 catch figures to date for the ocean surfclam fishery, although late reports make the figures somewhat inaccurate.  Even if the projected catch by the end of the year would appear to be lower than the 2007 annual harvest quota of 400,000 bushels, it isn't likely that the Department would relax the regulations in the final quarter of the year, given the bleak picture recently developed of the rate of recruitment/replenishment in this population of clams.

Ms. Davidson noted that the Board's recommendation that the annual harvest limit in the ocean fishery be set at 5% of the estimated abundance is not necessarily consistent with the precautionary principle.  With a population in decline, even 5% removals may be too much.  Noting that 400,000 bushels was less than 5% of the most recent population estimate of surfclams in State waters of the Atlantic Ocean (9.5 million bushels), Board member Jim Reilly moved that the Board recommend to DEC that it set the 2008 annual harvest limit for the ocean fishery at 5% of the 9.5 million bushels (= 475,000 bushels).  Mr. Reilly's motion carried by a vote of 7 in favor; 0 opposed; 0 abstentions).

Board Position on Permit Consolidation in the Surfclam Fishery in State Waters of the Atlantic Ocean

Chairman Wise pointed out to the Board that it has adopted two positions regarding consolidation of permits in the fishery for surfclams in State waters of the Atlantic Ocean that appear to be contradictory.  Some time ago, the Board endorsed the idea of instituting a 2:1 consolidation in this fishery, on an annual basis.  However, at the last Board meeting in August, it adopted a resolution to the effect that, any holder of an individual harvest quota in that fishery would be required to harvest their own quota with their own vessel.  This latter recommendation is inconsistent with a 2:1 consolidation.  The Department had approach Mr. Wise recently with a request that this issue be revisited by the Board and its true intention regarding consolidation be stated clearly.

The author of the second motion, Mr. Doxsee, indicated that he was unaware of the extent to which his motion conflicted with the previous support expressed by the Board for a 2:1 permit consolidation in the ocean fishery.   His motion expressed concern with permits being too easily "swapped around."  Mr. Wise suggested that a Board member who supported Mr. Doxsee's motion at the August Board meeting now make a motion to rescind that motion.  Such a motion cannot originate with someone who opposed Mr. Doxsee's original motion.  Mr. Martin so moved; the motion to rescind the earlier vote carried by a vote of 4 in favor; 2 opposed; 1 abstention.   Mr. Wise summarized that this action reinstated the Board's support for a 2:1 permit consolidation in the ocean fishery.

Ms. Barnes asked for clarification on whether the Board supported a 28-cage daily limit in the ocean fishery, primarily on the basis of overloading and safety-related concerns.  Mr. Wise stated that it was his recollection that the Board did support that daily limit.  She stated that the Department is working to reestablish a realistic timetable for implementing Amendment 1 to the ocean surfclam fishery management plan.  The new Director of Marine Resources for DEC, Mr. Jim Gilmore, will attend the next meeting of the Board.

Confirming that there was no possibility of getting Amendment 1 in place by January 2008, Mr. Reilly asked if it would be at all possible for DEC to institute just a 2:1 permit consolidation in the ocean fishery by the New Year.  He said that this measure alone would represent a major source of economic relief in this fishery.  The Department took his request under advice, but was skeptical that what Mr. Reilly had requested could or would be done.

Chairman Wise urged the Department to move with all possible speed on Amendment 1 to the ocean surfclam management plan.  Mr. Doxsee stated that he thought it was imperative that any language in the amendment that described permit consolidation be written very carefully and very clearly, so that it was subject to as little interpretation as possible.

Board member Paul Farnham asked about the Board's current position on vessel length limit in the surfclam fishery.  Mr. Wise stated that the Board's current position was that the maximum length allowable in the surfclam fishery should be 90'.  Mr. Farnham stated that he disagreed with this position.  He thought a 10% increase allowance should be instituted fleet-wide.  Board member Michael Craig stated that he thought that the institution of individual quotas would render the idea of a maximum vessel length rather moot.  Mr. Farnham asked this issue to be added to the agenda at the next Board meeting, especially if there is going to consolidation in the surfclam fishery.      

The Board's next meeting will be on 12 December 2007.  NOTE:  THIS MEETING WAS SUBSEQUENTLY PUT OFF UNTIL 08 JANUARY 2008.

Mr. Wise adjourned the meeting at 9:45 pm.