NEW Official Emergency Fluke Reg's...18 inches!

[RJ]

While we were first to get this from the DEC and first to post it on the Internet...I do not like getting these sorts of stories for scoops...read it in disbelief...this is totally unacceptable and it is time for a civil disobedience!

Effective today, DEC has filed emergency regulations to raise the fluke size limit to 18 inches for the remainder of the 2004 fishing season.

The daily limit will remain at 3 and the open season will remain at May 15 to September 6.

A press release will be issued later today,and I will forward it to you when I receive it.

We expect that ASMFC will send a letter to the Secretary of Commerce today that states that NY is no longer in non-compliance with the fluke FMP. A press release to that effect is also expected, which I will also forward.

We have talked to many of you about this and understand the anxiety and concern you've experienced. Thank you for your patience and assistance.

Gordon Colvin
Marine Resource
DEC
East Setauket, NY
516-444-0436

[RJ]

DEC ANNOUNCES REVISED RECREATIONAL CATCH LIMITS FOR FLUKE

Changes Will Bring New York Into Compliance with Federal Regulations

New York State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today announced the adoption of a revised emergency regulation on recreational fishing for summer flounder (fluke) needed to bring New York State into compliance with federal regulations. Effective today, Friday, July 30, 2004, and for the balance of the 2004 fishing season which ends on September 6, 2004, the minimum size limit is raised one inch to 18 inches. The possession limit remains at three fluke. This action is necessary to avoid a federally-imposed closure of New York’s recreational and commercial fluke fisheries.

Fluke are managed through an Interstate Fishery Management Plan (IFMP) for Summer Flounder developed by the Atlantic States Marine Fisheries Commission (ASMFC). New York is a member of the ASMFC, along with the other Atlantic Coast states. Under provisions of the IFMP, ASMFC determined that New York must adopt regulations that reduce the projected 2004 fluke harvest by 48.5 percent from the estimated 2003 harvest level.

New York’s fishery managers and fluke anglers objected to this level of reduction because the fluke harvest estimate relied on by ASMFC for 2003 was more than double the harvest estimates for the two preceding years. This estimated 2003 harvest was also inconsistent with the experience reported by New York anglers and fishing businesses.

The fluke harvest estimates are produced by the Marine Recreational Fisheries Statistics Survey (MRFSS), an annual survey conducted nationwide since 1981 by the National Marine Fisheries Service (NMFS). The MRFSS survey is designed to produce estimates of catch and effort that are statistically reliable on a regional or coast-wide basis, and to establish long-term trends.


New York fishery managers took the position that the 48.5 percent reduction requirement was an artifact of the inappropriate use of the MRFSS estimates to establish and manage state-specific quotas on an annual basis. DEC proposed and implemented a more statistically valid alternative that averaged the MRFSS harvest estimates for the last three years and used that average to project the 2004 harvest rather than using only the 2003 harvest estimate, which DEC disputes.

Using DEC’s alternative, a 20 percent reduction would have been required, and to implement that reduction DEC adopted the most restrictive package of fluke regulations on the Atlantic coast: a three-fish daily limit; an open season from May 15 - September 6, 2004; and a 17-inch size limit.

On June 16, 2004, ASMFC notified New York State and the U.S. Secretary of Commerce that New York’s regulations were non-compliant with the requirements of the IFMP, and required DEC to adopt more stringent regulations that met the 48.5 percent reduction target. New York State appealed to the Secretary of Commerce through NMFS to reverse the ASMFC ruling, and to support DEC’s position that the MRFSS estimates are not appropriate for managing an annual state-specific quota system and that DEC’s 20 percent reduction strategy was more appropriate.

On July 19, 2004, the Director of NMFS notified New York State that the U.S. Department of Commerce had ruled that New York’s regulation did not comply with the plan and that a 48.5 percent reduction is required for conservation of summer flounder. NMFS has ordered a moratorium, effective September 3, 2004, on all fishing for fluke in New York - both commercial and recreational - unless DEC adopts regulations that comply with the IFMP requirements.

To prevent the negative economic impact to New York’s fisheries that a closure would trigger, DEC has adopted the new 18-inch size limit that will ensure meeting the 48.5 percent reduction and place the State in compliance with the IFMP. DEC continues to oppose the use of the annual state-specific MRFSS harvest estimates to manage fluke quotas and will pursue all available options to reform the fluke quota management process.

[RJ]

FOR IMMEDIATE RELEASE, JULY 30, 2004
PRESS CONTACT, TINA BERGER (202)289-6400

ASMFC Withdraws New York Noncompliance Finding

Recommendation Forwarded to the Secretaries of Commerce & the Interior

Washington, DC – ASMFC Chair John I. Nelson Jr., has notified the Secretaries of Commerce and the Interior that the Commission has withdrawn its noncompliance finding for the State of New York regarding its 2004 recreational summer flounder fishery.

Effective July 30, 2004, New York has implemented emergency regulations, raising its summer flounder recreational size limit to 18”, and maintaining its three-fish daily limit and May 15 – September 6 open season. These regulations are designed to achieve the required 48.5% reduction in New York’s recreational harvest and bring the state back into compliance with the provisions of the Summer Flounder Fishery Management Plan (FMP).

In the event that New York’s 2004 recreational harvest exceeds its limit, the state is prepared to work the Commission to assure its 2005 fishing regulations achieve a harvest level fully consistent with the 2005 total allowable landings limit and Commission decisions on recreational management.

On June 16, 2004, pursuant to the provisions of the Atlantic Coastal Fisheries Cooperative Management Act of 1993, the Commission notified the Secretaries of Commerce and the Interior that the State of New York was out-of-compliance with the provisions of the Summer Flounder FMP.

Specifically, New York had not implemented the required measures to achieve a 48.5% reduction in recreational landings. These measures are necessary to control fishing mortality and maintain the rebuilding schedule contained in the FMP.

On July 19, 2004, the Secretary of Commerce concurred with the Commission’s determination of non-compliance and notified the state that the federal government would impose a moratorium on fishing for, possession of, and landing of summer flounder by commercial and recreational fishermen on September 3, 2004. With submission of the Commission’s letter to the Secretary regarding New York’s compliance, the moratorium will not be imposed.

For more information, please contact Robert Beal, Director, Interstate Fisheries Management Program, at (202) 289-6400.

Tina Berger
Public Affairs Specialist
Atlantic States Marine Fisheries Commission
1444 I Street. NW, Sixth Floor
Washington, DC 20005
Phone: (202)289-6400
FAX: (202)289-6051
Email: tberger@asmfc.org
www.asmfc.org

ASMFC Vision: Healthy, self-sustaining populations of all Atlantic coast fish species or successful restoration well in progress by the year 2015.

[RJ]

Here is Gordon Colvin's Phone Number and info to start going after the DEC...This is unacceptable what has transpired!:!: :!: :!:

Gordon Colvin
Marine Resources
NY DEC
205 Bell Mead Rd.
East Setauket, NY
516-444-0436

[surfbeater]

So what restrictions, if any, have been imposed on the commercial fishery, or is it just New York's recreational fisherman that are getting the short end of the stick?

[RJ]

You got it! The comm'sare allowed 14 inch fluke and I am not sure how many pounds per day or per trip they are currently allowed?:confused:

[Bronk]

Good to see Gordon Colvin's contact info posted RJ. Now if we could get a unified front going (letters,calls,etc.) with as many L.I. anglers as we can muster we may catch his attention. What type of civil disobediance do you have in mind RJ?

[surfbeater]

So the commies can go out trawling, harvest +14" fluke and other legal fish, and discard bycatch that have no chance of surviving, the make up of which is shorts of the very fish that MANAGEMENT is trying to increase stocks on?! Not even a reduction in their total allowed limit (tonage) before their season is shut down?

[Fluke]

Just a little more than a month to go and this will all be over until May of next year. The ASMFC has a goal to make all species self sustainable by the year 2015. That means we only have 11 years to be concerned about this. I understand that they are working on a new set of Regs., whereby you can catch all the fluke you want all year, any size. The only caveat is you have to deliver them to the Fulton fish market.
This is not fun anymore.

[RJ]

Gordon Colvin's E Mail address: gccolvin@gw.dec.state.ny.us

[LkyLindy]

This is a sham-----







It doesn't matter anyway since 99% of the anglers won"t even know what the new regs are--It is only people on the web sites who will be aware of the updates---There is only a month left in the season anyway--I think most of the weekend warrriors make up their own rules anyway

[zimno1]

if you live in conn., jersey, catch ny fish all you want and take home your legal limit and laugh your a-- off. how embarassing is this. it's true, people this weekend will get ticketed unknowing the new regulation.

[zimno1]

not knowing. oops

[RJ]

Regulations...what regulations...we don't need no stinking regulations:D

[zimno1]

hear! hear!

[Fluke]

This season is just about over. As L.L. said, there's only a month to go. Personally, I think we would be foolish to hang around and do nothing until we get a new set of Regs. for 2005. Every year, the Regs. get more and more restrictive for us. It has to stop.
As a suggestion, for what it's worth, why not hire a hall. Invite all Rec. fishermen, tackle shop owners, boat Capts etc. (we can pay for it) and come up with a plan to combat these rules. We can invite Newspapers, T.V. stations etc. It's time to take a stand.
R.J.- You have a "bully pulpit". Why not use it.

[Fluke]

Follow up: I'm opposed to civil disobedience, but, if it is going to happen, it should be organized, so that no 1 or 2 people are hung out to dry.
If we do not fall into compliance, a moratorium will be declared on 9/3 that will prevent all fluke fishing. That includes Comms. and Recs. When you think about it, we lose 3 days of fishing, but it's the only time the Comms and Recs will be equitable. Nothing for both of us . It may be worth it.

[RJ]

I wrote the following to Mr. Gordon Colvin on Friday when this was announced. Following my letter is his response that came this morning.

Rich Johnson- UN-FREAKIN-BELIEVABLE...Gordon this is unacceptable !>>

Gordon Colvin: The alternatives were far, far more unacceptable. If you want to discuss, my cell #

RJ: What happened to our conversation months back when you wanted this to go to NMFS since you felt you had their sympathy? And that MAMFC was not supposed to be using these MRFS #'s for management measures? I was counting on DEC as we all were to make the stand and take it all the way to NMFS! I wil call you tnext week.

GC: We did go to NMFS. We had two meetings including one fact to face with Bill Hogarth. We submitted a detailed written argument. However, on July 19, NMFS wrote to the Governor that they did not agree, and were initiating the rulemaking to close our fishery. Our attorneys advised us that there was a poor chance of meeting the legal standard to obtain an injunction in federal court to prevent the closure. So, we needed to find a way to get back into compliance which allowed the season to continue. We persuaded ASMFC to accept what we implemented. As I said, the other options were worse (e'g' the "default" of 1 fish at 18"; close for the year on Aug. 1)

[GradyWhite]

how long does it take for a fluke to grow 2 inches? judging by the number of 16 inch fluke i caught this year, there will be a ton of legal fluke in that time. but then the limit will be 19 inches probably. i think something has to be done to stop the commercial harvest and then there will be a somewhat united front to change these ridiculous restrictions. i don't understand compleltely how the regs are determined (even with watching rj's shows), but someone is making some serious mistakes. there will be a lot of fluke dying of old age.

[Fluke]

It appears to me that the DEC is the 2nd lowest on the totem pole, with us being on the bottom.
After a while I get tired of hearing from the DEC, that it could have been worse. All that represents is the vasoline.
I think it's time for us to bite the bullet and put an end to this. We should force the ASMFC and the NMFS to close down the entire fluke fishing industry. Let them file an injuction. Let's get this situation into the courts. That's the only way we can put an end to this. Every year, the ABC's of the governing bodies, bite off another little chunk and then they have the audacity to tell us, it could have been worse.
There are a lot of problems with the existing system involving equity, inadequate and false statistics, politics etc.
The only way you are going to get it all on the table, is by forcing this situation into the courts. Maybe saner heads will prevail. Nothing we have done in the past has worked.
NOW IS THE TIME!!!!!!!!!!!

[GradyWhite]

make sure we get lawyers and a judge who fish, then we'll get this resolved

[RJ]

This is the letter and response Joe Bates of Little Neck, NY sent to Mr. Gordon Colvin of the DEC.

Mr. Colvin,
What is going on with the fluke fishing regulations? I've fished for fluke every year since 1988. I go once a week and I do not miss a week for the whole fluke seasons. Back then the size was 14 inches now I see you or some one in your office changed the regs from 17 inches at three a man to 18 inches at 3 a man. The season's is going to b e over in 37 days why would you change it. At this rate in 2006 will be catch and release , please reply .
Joseph Bates/ Little Neck

********************

Mr. Bates: Bottom line here is that the federal government determined that our 17" regulations were not in compliance with the requirements of the interstate fishery managemetn program, and were preparing to close our fishery for the year. We raised the limit to 18" to come into compliance and head off a closure.

We will be working to come up with a better system in the future that is less subject to irregular swings up and down and which provides more consistency among states.

Thanks for letting us know your opinion.
Gordon Colvin

[RJ]

This one from Martin Stempel:

Rich- A short story. I have 3 friends that fish Captree almost exclusively, 2-3 times a week. They just booked a charter in New Jersey for obvious reasons. How many others are doing their fishing in another state to avoid these restrictive Regs. and what will it end up doing to our Recreational fishing industry.
Marty (Fluke)

[zimno1]

and when they go out it will be off to the raritan or ambose where the action is best. only will bring home more keepers. i'm close to jersey and everyone is going to morgan. sad state of affairs. it's just plain mind-boggling!

[COD FISH CARL]

I can't help but wonder what we're in store for next yeat.

[GradyWhite]

1 fluke per man with a 36" limit:!:

[zimno1]

asmfc outsourced to bangladesh!