Mr. Colvin informed the Council that a recent stock assessment on winter flounder showed unexpectedly high fishing mortality on this species. As a result, the heretofore required 22% reduction in fishing mortality on winter flounder, which had been based on earlier assessments, had now become 49%. However, Mr. Colvin also noted that ASMFC’s Winter Flounder Management Board had adopted a definition of overfishing consistent with that in Amendment 9 of the New England Fishery Management Council (NEFMC). This new definition differs from that used earlier by ASFMC and, under the new definition, the required reduction in fishing mortality shrinks to 15%. ASMFC is suspending consideration of state noncompliance with Addendum Two (the required 22% reduction in fishing mortality) provided current state regulations are kept in place.

Mr. Colvin stated that these actions pose a dilemma for DEC. Recent state law requires that DEC adopt regulations by May 1999 to reduce winter flounder catches by 22% and, further, that these regulations be "consistent with the ASFMC management plan" for this species. However, the part of the ASMFC Winter Flounder Plan that requires states to implement a 22% reduction in winter flounder fishing mortality rates is now suspended. He stated that, although ASFMC is inclined to agree with the NEFMC mortality reduction target (15%), ASMFC and NEFMC may not agree on the means to achieve these reductions. Mr. Colvin asked the Council for guidance on how it thinks DEC should deal with the above dilemma.

Chairman Wise motioned that the Council rescind its prior (November 1998) recommendations about changing winter flounder regulations in New York fisheries so as to achieve a 22% reduction in fishing mortality rate on this species and that any changes in state winter flounder regulations be considered only after the requirements for regional management of this species be resolved between ASMFC and NEFMC. This motion was adopted unanimously.