Extending Regulatory Authority

Mr. Colvin described the current legislative impasse over renewing DEC’s regulatory authority over striped bass, significant parts of which will lapse on 01 January 2000 under current law. One section of the law dates from the early 1980’s and establishes a Hudson River Commercial Fisheries Board, which would determine who received commercial fishing licenses in the Hudson River, as well as quota shares. DEC never created the Board because the commercial striped bass fishery in the Hudson River has been closed due to PCB contamination. The Assembly passed a bill this year extending DEC’s regulatory authority over striped bass but also enlarging the Hudson River Commercial Fisheries Board to include recreational as well as commercial fishermen. The Senate passed a bill that simply extends the regulatory authority. The two bills provided for an identical extension of DEC’s regulatory authority. However, DEC and the Senate opposed the Assembly bill’s provisions regarding the Hudson River Commercial Fisheries Board. No compromise was struck or resolution effected between the bills passed by the Assembly and Senate. Unless a uniform bill is passed by both houses and sent to the Governor for his signature by the end of the year, much of DEC’s regulatory authority over striped bass will lapse.

Mr. Colvin stated that DEC was concerned that the Hudson River Commercial Fisheries Board would run afoul of the conflict-of-interest provisions of the NYS Ethics Law (a small group of commercial fishermen passing judgment on who and how many of their prospective competitors in the striped bass fishery get licenses.) Another concern raised by DEC was that the existence of the Hudson River Estuary Management Program and its advisory council (similar to MRAC), which includes both commercial and recreational fishermen, now makes the Hudson River Commercial Fisheries Board unnecessary.

Mr. Colvin explained that the only striped bass regulations which would still be in effect after 01 January 2000 were open seasons, size limits, catch limits, and manner of taking. Commercial tags, quotas, and record-keeping requirements would expire, as would the two-fish/possession limit for charter and party boats. Should elements of DEC’s regulatory authority and many of its current striped bass regulations lapse with the New Year, it is likely that the Atlantic States Marine Fisheries Commission (ASMFC) will find New York out of compliance with the current interstate fishery management plan for striped bass. This would result in a moratorium on fishing for striped bass in New York State waters and/or preemption of management responsibility in state waters by the federal government.

Mr. Colvin noted that the State Legislature’s upcoming special session would present an opportunity to raise and revisit the issue of striped bass regulatory authority and for the Assembly and the Senate to resolve on a single bill to get this authority renewed. In answer to a question from Councilor Sullivan, Mr. Colvin explained that the early February ASMFC board meeting could pass a conditional finding that New York would be in noncompliance unless the regulations were reinstated before the opening of the season.

Pat Augustine, Executive Director of the New York Sportfishing Federation and one of New York’s Commissioners to ASMFC, briefed the Council on recent communication between him and Assemblyman Richard Brodsky, Chairman of the Assembly Environmental Conservation Committee, in which he urged the Assemblyman to separate the issue of extending DEC’s regulatory authority over striped bass from the question of the size, composition, function, etc. of the Hudson River Commercial Fisheries Board.

After further discussion, the Council adopted a motion directing Chairman Wise to write to Mr. Brodsky and other appropriate members of the Assembly, urging them to pass a bill in the Assembly that extends DEC’s regulatory authority over striped bass identical to the bill passed by the Senate earlier this year. The matter of the Hudson River Commercial Fisheries Board should be handled separately. The vote was 8 in favor; 4 opposed.

Fishing Mortality Reductions

ASMFC is requiring all states to change their striped bass regulations next year. Stock assessment revealed that mortality of larger, older fish was excessive, and fishing mortality on fish age 8+ (28+ inches) must be reduced by 14% over each of the next two years. Nominally, New York must catch 9500 age 8+ fish fewer in 2000 than in 1998. However, states with striped bass regulations more conservative than the ASMFC’s minimum requirements can claim a credit for these regulations that will reduce the 9500 fish to some smaller number. So New York may be able to get credit for the recreational one fish creel limit, the extra days of closure, the 28" minimum size in NY Harbor, and the use of tagging, all of which are more conservative than ASMFC requirements. DEC staff is calculating the amount of "credit" these regulations will give New York. Once this number is known, New York must consider options for achieving whatever mortality reduction is needed to meet the 14% requirement. Mr. Colvin stated that these might include changed season closures, catch limits, and/or size limits. The Council discussed the merits of various regulatory changes to reduce striped bass fishing mortality, but came to no specific recommendations at this time. Once apprised of the amount of "credit" that New York will receive towards the required 14% mortality reduction by dint of its already conservative management measures, the Council will revisit this issue and provide more specific suggestions on ways to further reduce fishing mortality on striped bass. DEC’s analysis will be completed before the holidays. There will be a public information meeting prior to January 10, when the options must be presented to the ASMFC. The ASMFC Striped Bass Board will review states’ options, to determine if they are adequate, in early February. Mr. Wise reminded the Council and visitors/guests that these options, for New York, would be an agenda item for the January 2000 Council meeting.