This subcommittee was constituted to address the issue of how most effectively to deal with the rampant illegal harvest of blackfish by fishermen not possessing a commercial foodfish license. Councilor Jack Ferrera, subcommittee chairman, reported to the Council that the illegal harvest and sale of live blackfish has become a problem both commercially and recreationally.  The subcommittee recommends prohibiting the possession of live tautog by anyone other than a holder of a state commercial foodfish license while engaged in commercial fishing and/or in wholesale or retail commerce of fish.  Mr. Ferrera also reminded the Council that “culling” or “high-grading” (the practice of keeping legal size fish alive onboard and swapping them for larger fish if they are caught subsequently) is illegal.

Councilor Robert Danielson stated his opposition to the subcommittee’s recommendation.  He likes to keep his fish alive on board for various reasons (e.g., freshness, cleanliness [boat stays cleaner by gutting the fish on the dock], and time-saving [can catch fish, put them in the live well and continue to fish without having to take the time out to gut the fish].  He suggested a ban on possession of live blackfish by non-licensed individuals with some evidence of intentto sell.  Capt. Richard Otterstedt responded that determining whether or not a specific situation gives evidence of “intent to sell” could be very difficult for conservation officers.  Mr. John Mihale, a commercial fisherman, commented that there are other ways of keeping a fish alive on a boat other than using a live well, e.g., hanging the fish over the side or keeping them on ice;any regulation should keep this in mind.  He supports the subcommittee’s specific recommendation.  Councilor Danielson thought this reinforced his recommendation to include intent.  Someone hanging fish overboard clearly has an intent to do something illegal as opposed to someone like him that is keeping the fish alive with no sinister motives.  There was a brief discussion of alternative ways to treat or handle a blackfish so that it’s quality stays good for those who are taking them home to eat but that would also make the fish unmarketable in the live fish trade.  Gutting or stunning with a blow on the head were among the ideas discussed. 

Councilor McBride moved that the Council recommend to DEC that all blackfish other than those in the possession of a holder of a state commercial foodfish license while engaged in commercial fishing and/or in wholesale or retail commerce of fish must be gutted.  This motion was defeated by a vote of 5 in favor; 7 opposed;  0 abstentions.

Councilor Freierman then made the motion that the Council recommend to DEC that it prohibit the possession of live blackfish on any recreational boat (i.e., a boat not carrying a commercial foodfish license-holder engaged in commercial fishing and/or in the wholesale or retail commerce of fish.).  This second motion was adopted; 12 in favor; 1 opposed; 0 abstentions.

 

Page last modified Tuesday, November 8, 2005 by George E. Carroll