02-01-2004, 04:22 AM
Published in the Asbury Park Press 1/31/04
Enthusiasm for the idea of New Jersey taking the Atlantic States Marine Fisheries Commission to court over the loss of the striped bass slot limit should be replaced by support for an alternative.
The ASMFC's striped bass board recently approved Amendment VI to the striped bass management plan without discussion of the fact that New Jersey's slot limit has been eliminated by the action.
This drew heated reaction from some New Jersey fishermen after the meeting, and talk of the state going to court, but there is another way to preserve a slot limit.
The elimination occurred through a technical staff interpretation of a vague, barely identifiable two-sentence public exchange between two commissioners and an administrative move made in the New York division of marine fisheries to remove the word "producer" from its draft copy of Amendment VI.
New Jersey anglers have enjoyed the opportunity to catch one striped bass 24 to less than 28 inches in recent years as a result of a demonstration by the state Division of Fish and Wildlife that, as a "producer" state, it was entitled to harvest fish in the slot.
New Jersey had "producer" status because striped bass are spawned in the Delaware River and bay. Such is the case with Maryland, Virginia and the District of Columbia because of Chesapeake Bay, New York because of the Hudson River and North Carolina because of Albemarle Sound.
Producer states were allowed under the management plan to harvest striped bass as small as 20 inches. States that decided to harvest fish smaller than 20 inches had to take an equivalent cut in quota.
New Jersey management officials were able to convince the ASMFC's board that by increasing the minimum size to 24 inches, and the fact that it did not use all of its 230,000-pound former commercial "bonus" quota it would remain within its overall quota with a slot limit for the Delaware River and bay and coastal waters.
Meanwhile, other states without "producer" status were held to a limit of two striped bass at 28 inches or above and some states elected to have a one-fish limit or some variation above 28 inches. New York, for instance, has one fish at 28 inches for private anglers and two fish for party boat anglers.
It has been suggested that New Jersey should file an appeal with the ASMFC's policy board.
This can be done, but the chances of the policy board reversing the striped bass board are slim. A better idea is to submit a slot limit proposal that would be accepted by the striped board.
New Jersey's biologists should be able to come up with a proposal utilizing the new 310,000-pound bonus quota, coupled with a slot limit of one fish at 24 to 26 inches, and supported by the fact that the Delaware River and bay are producing areas that might satisfy the board.
It might be pointed out to the board that the alternative of going to two fish at 28 inches or larger plus the bonus fish, which would be allowed under the plan, would be a greater strain on the coastal resource than the proposal.
Capt. Tony Bogan, a representative of the United Boatmen, is still concerned about the way the elimination was handled from last February on after the commission had indicated earlier in the winter that there would be no change.
"If the board wants to remove producer status from the management plan, that's within their power," he said. "But do it out in the open, have a discussion and then vote on it."
Bogan said he has seen nothing in the administrative record that would support the elimination.
Some board members say in private that the fact that the board was quiet on the subject of New Jersey losing its slot limit, and voted for Amendment VI without the word "producer" in it, was proof enough that they approved of New Jersey's loss.
If New Jersey's appeal is rejected by the policy board in March, and if no new plan is offered, the state will be found out of compliance by the striped bass board.
In any case, New Jersey fishermen will be able to catch one striper from 24 to less than 28 inches each day in state waters from March 1 until such time as the state Legislature passes a new striped bass law or the ASMFC tires of delays and asks the National Marine Fisheries Service to send in agents to enforce ASMFC rules.
Meanwhile, North Carolina, Virginia, Maryland, the Potomac River and the Delaware commercial fishery will continue to harvest striped bass as small as 20 inches in length because the ASMFC passed motions protecting their fisheries
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Enthusiasm for the idea of New Jersey taking the Atlantic States Marine Fisheries Commission to court over the loss of the striped bass slot limit should be replaced by support for an alternative.
The ASMFC's striped bass board recently approved Amendment VI to the striped bass management plan without discussion of the fact that New Jersey's slot limit has been eliminated by the action.
This drew heated reaction from some New Jersey fishermen after the meeting, and talk of the state going to court, but there is another way to preserve a slot limit.
The elimination occurred through a technical staff interpretation of a vague, barely identifiable two-sentence public exchange between two commissioners and an administrative move made in the New York division of marine fisheries to remove the word "producer" from its draft copy of Amendment VI.
New Jersey anglers have enjoyed the opportunity to catch one striped bass 24 to less than 28 inches in recent years as a result of a demonstration by the state Division of Fish and Wildlife that, as a "producer" state, it was entitled to harvest fish in the slot.
New Jersey had "producer" status because striped bass are spawned in the Delaware River and bay. Such is the case with Maryland, Virginia and the District of Columbia because of Chesapeake Bay, New York because of the Hudson River and North Carolina because of Albemarle Sound.
Producer states were allowed under the management plan to harvest striped bass as small as 20 inches. States that decided to harvest fish smaller than 20 inches had to take an equivalent cut in quota.
New Jersey management officials were able to convince the ASMFC's board that by increasing the minimum size to 24 inches, and the fact that it did not use all of its 230,000-pound former commercial "bonus" quota it would remain within its overall quota with a slot limit for the Delaware River and bay and coastal waters.
Meanwhile, other states without "producer" status were held to a limit of two striped bass at 28 inches or above and some states elected to have a one-fish limit or some variation above 28 inches. New York, for instance, has one fish at 28 inches for private anglers and two fish for party boat anglers.
It has been suggested that New Jersey should file an appeal with the ASMFC's policy board.
This can be done, but the chances of the policy board reversing the striped bass board are slim. A better idea is to submit a slot limit proposal that would be accepted by the striped board.
New Jersey's biologists should be able to come up with a proposal utilizing the new 310,000-pound bonus quota, coupled with a slot limit of one fish at 24 to 26 inches, and supported by the fact that the Delaware River and bay are producing areas that might satisfy the board.
It might be pointed out to the board that the alternative of going to two fish at 28 inches or larger plus the bonus fish, which would be allowed under the plan, would be a greater strain on the coastal resource than the proposal.
Capt. Tony Bogan, a representative of the United Boatmen, is still concerned about the way the elimination was handled from last February on after the commission had indicated earlier in the winter that there would be no change.
"If the board wants to remove producer status from the management plan, that's within their power," he said. "But do it out in the open, have a discussion and then vote on it."
Bogan said he has seen nothing in the administrative record that would support the elimination.
Some board members say in private that the fact that the board was quiet on the subject of New Jersey losing its slot limit, and voted for Amendment VI without the word "producer" in it, was proof enough that they approved of New Jersey's loss.
If New Jersey's appeal is rejected by the policy board in March, and if no new plan is offered, the state will be found out of compliance by the striped bass board.
In any case, New Jersey fishermen will be able to catch one striper from 24 to less than 28 inches each day in state waters from March 1 until such time as the state Legislature passes a new striped bass law or the ASMFC tires of delays and asks the National Marine Fisheries Service to send in agents to enforce ASMFC rules.
Meanwhile, North Carolina, Virginia, Maryland, the Potomac River and the Delaware commercial fishery will continue to harvest striped bass as small as 20 inches in length because the ASMFC passed motions protecting their fisheries
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