Chairman Wise recited the recent history of the Council's involvement with changes to the interstate fishery management plan for tautog.  Addendum IV to that plan required the states to reduce their harvests of tautog by certain levels and further stipulated that only reductions in a state's recreational tautog fisheries would count towards the fishing mortality reduction target.  DEC subsequently produced a discussion draft on different approaches that New York might take towards achieving the required reductions, including options for reducing the commercial harvest of this species, albeit this would not help towards the target.  The Council created a subcommittee to assemble recommendations on how  New York should respond to Addendum IV.  Members of the subcommittee were Thomas Jordan, James House, Robert Danielson, Charles Witek, John Davi, William Wise (from the Council) and Arnold Leo, James Schneider, Michael Wasserman, Stret Whiting (non-Council members.)  The recommendations of the subcommittee were put before the council in May.  These included specific measurers to tighten recreational fishing regulations for tautog and a number of recommendations directed towards gaining a better understanding and control of the commercial fishery for this species but no specific recommendations that would cut commercial tautog harvests.  There ensued a brief discussion of these recommendations, after which the subcommittee was directed to go back and re-examine its recommendations and have a final set of recommendations for today’s meeting.  Among the concerns about the group's initial recommendations expressed by Gordon Colvin, former DEC Director of Marine Resources, at the May meeting were:

1. whether or not the recreational fishery should bear the entire burden of the reduction or if there should be some measurable reduction in the commercial tautog fishery as well
2. should New York set a hard TAL (total allowable landings) figure for tautog and a management program to implement it?  Mr. Colvin stated that the Department was not confident with the accuracy of current data on New York's commercial landings of tautog
3. take a closer look at how to realistically control the illegal harvest and sale of tautog for the live fish trade, including getting input on this from Environmental Conservation Officers

Chairman Wise related that the subcommittee had then met one more time and, by the end of a very long meeting, it added only one substantial new recommendation to the list presented at the May Council meeting:  that there should be a requirement for for-hire vessels fishing in New York waters (that do not have federal permits for tautog) to fill out vessel trip reports.  It is his understanding that there is currently a letter already drafted by the Department that would so direct the owners/operators of these vessels but this communication has not been sent yet.  

Mr. Wise continued that the only comment he had received on the subcommittee's preliminary recommendations was a letter written expressing the concern that an open recreational tautog season from mid October to the end of April would effectively exclude from this popular fishery anglers who don’t fish from for-hire vessels and whose fishing is largely confined to the May - October period.

Chairman Wise said that since the subcommittee work is finished the council needs to do is accept or not the Subcommittee's recommendations.  Then, as a separate action (if they are accepted) to forward them, making any changes as desired by the Council to DEC.

Councilor Danielson made a motion to accept the Subcommittee’s recommendations.  John Davi seconded the motion.  Mr. Danielson's motion was adopted; the vote was 9 in favor, 0 opposed, 1 abstention.

Mr. Wise then asked if the Council wished to make any changes to these recommendations before they are sent forward to the Department. 

Councilor Danielson would like recreational tautog harvest information for Wave 1 (January & February); it is missing from the data provided by DEC and he feels that understanding the extent of the recreational tautog fishery during this period is important before a long-term plan for the species can be developed.  DEC staff person Ms. Alice Weber responded that this data is not really available, as the National Marine Fisheries Service (NMFS) is now mainly focused on improving the MRFSS survey; adding a Wave 1 component would be considered low priority right now.

Blackfish continues to be a problem.  Mr. Wise reminded the Council that it had recommended to DEC some time ago to prohibit the possession of live blackfish except to those persons holding a commercial foodfish license.  However, the larger problem is the illegal sales; bringing these fish into the market illegally.  Councilor Jordan said that this problem isn’t confined to blackfish; it also happens with black sea bass, fluke and striped bass.  He believes there is no reason to allow recreational fishermen to have and transport live fish.  If you impose this restriction on blackfish only, another fish will come along and take its place.  This problem must be dealt with at its root.

Councilor Danielson said it all goes back to intent.  You can’t assume that someone having a live fish is necessarily intending to sell it.  Councilor Jordan said that every time a solution is brought up, there is always someone who counters it with an excuse for why it won’t work and at this rate, a solution will never be found.

It was noted that you need a state-issued shippers and dealers license to purchase fish from a commercial fishermen and then subsequently sell those fish in the wholesale trade.  However, a restaurant owner who purchases fish for use in his/her restaurant does not need said license and much of the illicit live fish market for tautog involves fish sold to restaurants.  Was this a loophole that should be closed?  The Council agreed that this loophole should be closed.

Councilor Jim House noted that, regarding the Subcommittee's recommendation that "for hire" vessels without federal permits should be required to complete Vessel Trip Reports (VTR's), this should apply only to those vessels engaged in fishing for tautog.

It was clarified that the Subcommittee was not recommending any change in the tautog possession limit allowed to vessels with lobsters on board.

Councilor Charles Witek stated that the recommended recreational season for tautog (16 October - 30 April) will take this fishery away from individual anglers who do not fish from "for hire" vessels, in particular shore anglers fishing in Long Island Sound, and give it to fishermen who do fish aboard "for-hire" boats.  In addition, this season leaves Wave 1 open.  He speculated that many of the tautog caught in the winter "for hire" fishery are slated for the illegal market.  Mr. Witek believes the recreational tautog open season should start earlier than mid-October, perhaps around mid-September and extend, if possible until late November/early December.  In his view, even an opening on 01 October is better for most shore anglers than 15 October, by which time the fish are no longer accessible to shore anglers.  Councilor Melissa Dearborn supported the idea of an opening on 01 October.

Councilor Davi supported the original recommendation of an opening on 16 October.

Councilor Jordan suggested that the bag limit and seasons should be further discussed with a wider spectrum of the fishing population.

Chairman Wise summarized the three changes that the Council would like to make to the Subcommittee's recommendations on tautog management as:

1. specify that the "for hire" vessel VTR proposal applies to boats engaged in the tautog fishery
2. extend the requirement for a state shippers/dealers license to include anyone selling live tautog, including restaurants/diners, etc.
3. maintain the current 10-fish tautog possession limit for a boat with 6 lobsters on board

Councilor Jordan made a motion to forward the recommendations of the Subcommittee, with the above revisions, to DEC and, also, to footnote the need for further discussions on the recreational season and bag limit for tautog.  Councilor Davi seconded his motion.  Chairman Wise asked Mr. Jordan what the term “footnote” meant in this context.  Councilor Jordan responded that he would like to revise his motion to simply forward the Subcommittee's recommendation to DEC, "as is."  Chairman Wise noted that Mr. Jordan's initial motion, which had already been seconded, included the three revisions to the Subcommittee's recommendations discussed by the Council. 

Councilor Witek moved to amend Mr. Jordan's motion to include a revised open season for the recreational tautog fishery:  from 01 October to whatever date is permissible under the calculations used to project fishing mortality.  This motion was not seconded.  The Council then passed Mr. Jordan's original motion by a vote of 6 in favor, 1 opposed and 3 abstentions.  A copy of the Council's final recommendations to the Department is appended to this bulletin.

 

Page last modified Tuesday, September 18, 2007 by George E. Carroll