Mr. Gordon Colvin, Director of Marine Resources for DEC, briefed the Council on the most recent developments affecting fluke (summer flounder) management in 2007 in the recreational fishery for this species. 

At its January 2007 meeting, DEC presented the Council with a group of alternative possession, minimum size and season limit combinations for New York's recreational fluke fishery in 2007 that had been approved by the Atlantic States Marine Fisheries Commission (ASMFC).  In December 2006, ASMFC had decided to use a state-by-state conservation equivalency approach to management fluke in 2007.  Mr. Colvin noted that New York preferred a coast-wide option.  Even with the state-by-state conservation equivalency approach, a group of states could create a voluntary "region" and develop management measures that would apply throughout that region.  DEC approached the states of Delaware, New Jersey, Connecticut, Rhode Island and Massachusetts on their interest in working together to develop a regional approach.  None of these states responded with any interest.  Mr. Colvin stated that, given the lateness of the season, the Department will need to take emergency action to implement the 2007 recreational fluke regulations in New York from among the list of acceptable management measure combinations.  The Department is presently between Commissioners and emergency rules must be signed by a Commissioner, which may delay the effective date of the fluke regulations until May.

DEC staff presented the results of a limited public survey to plumb which of the available combinations of bag, size and season limits were most acceptable.  Of a total of 179 responses, 29 respondents (16%) opted for a 4-fish bag limit with a 19" minimum size and an open season from 12 May - 09 September; 106 respondents (60%) chose a 4-fish bag limit with a 19.5" minimum size and a season that was open all year (aka Option 10).  The other alternatives received very little support.  A petition signed by several "for hire" vessel owners and their fares (total of ninety-five [95] persons) suggested a 4-fish bag limit, 20" minimum size and a year-long season.

Mr. Colvin sought the Council's advice on what specific combination of bag, size and season limits it would recommend.  Councilor Robert Danielson stated that he believed the fluke industry needs the longest open season possible and suggested raising the minimum size limit on fluke to 19".  Councilor Charles Witek replied that he didn't think a minimum size limit is a meaningful constraint on the recreational fluke fishery; he felt that closing a part of the year to the fishery is the only way for New York to reduce its recreation fluke catch to the necessary level.  He recognized, however, that any regulation that establishes a closed season is going to be viewed as unfair by at least one user group because fluke are not equally available around all parts of Long Island throughout the year.  For this reason, he expressed reluctant support for Option 10. Councilor Christopher Squeri expressed concern that that whatever option is recommended today will not achieve the necessary reduction in recreational fluke fishing mortality in New York and will lead to an even further reduction in 2008.

Councilor John Davi, Jr. wondered if a “split season with split geographic zones” might work.  Chairman Wise responded that the data on recreational fluke catches in specific catch zones are usually insufficient to project how the rate of fluke fishing mortality in each area would change with changing regulations.  Mr. Colvin also noted that crafting different season openings for different areas that would, in essence, follow the fluke around New York's Marine District would be very similar to just having an open season everywhere.  Mr. Dennis Kanyuk of the United Boatmen complained that the uncertainty as to when the recreational fluke season will open is seriously hurting New York's "for hire" fishing industry.  The regulation-setting process should begin much earlier.  He stated a preference for Option 10, albeit under duress because he views it as the best of a bad bunch of options   James Schneider, another "for hire" vessel captain, suggested that DEC implement a "trigger" mechanism as it does it many commercial fisheries that face hard quantitative catch quotas for certain species.  Open the recreational fluke fishery on May 1st and, when catch records indicate that the catch is within 5-10% of the trigger, the DEC would sent out a notice that the fishery would be shut down the following week.  Mr. Schneider also expressed support for Option 10.  Neil Delanoy of the Captree Boatmen's Association said that Option 10 was unanimously supported by all members of the Association present at its recent meeting.  He argued that the fundamental problem with fluke management lies with the state-by-state conservation equivalency approach that has been sanctioned by ASMFC.  Amendment XIV to the fluke, scup and black sea bass interstate fishery management plan should do away with this approach.  Mr. Delanoy noted that, if every state along the East Coast had the same recreational fluke regulations, New York would have a 17.5” minimum size limit.  Another party boat captain from Captree observed that, if New York goes over its recreational fluke quota with a 19.5" size limit in 2007, that means that there are more fluke in the ocean than the managers know about; his preference is also Option 10.  One of the audience members brought up the point that fishing for 19.5” fish will be targeting the female spawning population and he is quite concerned what this will do to the future stock.  DEC staff could not confirm that fluke this large are disproportionately females.

Councilor Danielson made a motion that the Council recommend to DEC that it adopt the bag and minimum size limits of Option 10 (4 fish and 19.5", respectively) and add to these an open season of 01 May  – 31 October 31; Councilor Karen Rivara seconded this motion.  Councilor Tony Somma said that this option will adversely attack fishermen on the West End as they will never be able to find a fluke as large as 19.5".  The Council adopted Mr. Danielson's motion by a vote of 3 in favor, 2 opposed and 6 abstentions.

Mr. Colvin expressed concern and some discomfort with the Council's recommendation.  He noted that this was a controversial and important issue and DEC was looking for a recommendation that enjoyed stronger support of the Council.  He is afraid that the measures recommended by the Council will result in widespread disregard of the recreational fluke regulations this year and he asked the Council it thought this should be handled.  Chairman Wise asked the Council members who either abstained or voted against this motion to clarify their position for the purpose of discussion.  Most of those who abstained were commercial fishery representatives and it was their general view that this was primarily a recreational fishery issue whose outcome was inevitably going to have an adverse effect on one or more segments of the recreational fishery and they didn't feel comfortable making this particular call.  After further discussion, Councilor Witek moved that the previous motion be reconsidered.   His motion was adopted; the vote was 11 in favor; 0 opposed; 0 abstentions.  Councilor Witek then moved that the Council recommend to DEC that, for the 2007 recreational fluke fishery, it implement the measures described in Option 10 (4-fish bag limit; 19.5" minimum size limit and a year-long season).  Councilor Squeri reiterated his concern that having no closed season poses a high risk of not achieving the necessary mortality reduction target this year, forcing even more severe restrictions in 2008.  Most of the Councilor who expressed a view on the matter supported Mr. Witek's motion.  The motion was adopted: 5 favor; 3 opposed; 3 abstentions.

Mr. Colvin asked the Council to think seriously about the two concerns:

1. How to strategically approach achieving compliance with the recreational fluke measures just recommended?
2. What should be the strategy for 2008 if the fishing mortality target is not achieved in 2007?

Several members strongly stated that data on recreational fluke catches derived from the National Marine Fisheries Service's MRFSS Survey are so flawed that they are unusable and that this problem must be fixed.  Mr. Colvin agreed, suggesting that New York would definitely be better off if the MRFFS survey was managed here in New York by using New York fisherman and having the resources to do the right amount of survey effort and distribute that effort appropriately throughout the Marine District.  He noted, however, that even if DEC took over the survey in New York and beefed it up, there is no guarantee that this would change the survey results.

 

 

Page last modified Friday, March 30, 2007 by George E. Carroll