From the December 2005 issue

DEC Announces Proposed Marine Fishing Regulation Changes

New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan recently announced proposed revisions to DEC's marine commercial and recreational fishing regulations. The proposed changes incorporate revisions needed to meet compliance requirements of the Atlantic States Marine Fisheries Commission's (ASMFC) interstate fishery management plans (FMP). The changes are also needed to achieve consistency with federal regulations for cooperatively managed fisheries. Several changes to commercial fishing measures are proposed to address recommendations of the Marine Resources Advisory Council.

Finding the Right Balance

The new regulations increase the
minimum length of winter flounder
to 12 inches - photo courtesy
of The Smithsonian Institution

"Every year, modifications in our marine fishing regulations help us protect and preserve our important fisheries," Commissioner Sheehan said. "New York State will continue to work to provide anglers with the best possible opportunities while also working to balance protection of our natural resources and the enhancement of our fishing industries."

Scope of the Changes

The proposed changes include the following:

Atlantic Cod and Haddock - Decrease the recreational minimum size limits for Atlantic cod and haddock to 22 inches and 19 inches, respectively, to be consistent with federal regulations and those of neighboring states;

Winter Flounder Recreational Fishing Regulations - Increase minimum length to 12 inches, decrease possession limit to 10, and reduce the open season so it runs from April 1 to May 30 each year as required by Amendment 1 to the ASMFC Winter Flounder FMP. The season previously ran from the third Saturday in March to June 30, and from September 15 to November 30 each year;

Black Sea Bass - Increase the recreational fishing season to year-round, eliminating the current closure during the month of December;

Oyster Toadfish - Implement a new recreational and commercial minimum size limit of 10 inches, possession limit of 3 recreational and 25 commercial, and implement a closed season from May 15 to July 15;

Commercial Trip-limit Definition - Clarify the existing trip-limit definition and add language that allows DEC to establish weekly or biweekly limits for scup, and weekly limits for fluke. Trip-limit definition outlines the quantity of fish a commercial fisherman is allowed per day. Under the draft regulations, the definition would be revised to offer an alternative to a daily trip limit (i.e., a weekly or bi-weekly limit instead);

Marine Party and Charter boats
will be required to carry an
on-board observer

Marine Party and Charter License Holders - Require all licensed party and charter license holders to carry an on-board observer, and to report catch and effort information when requested by authorized representatives of DEC or the National Marine Fisheries Service (NMFS). Upon notice by DEC, require all licensed party and charter boats to submit Fishing Vessel Trip Reports for each "for-hire" trip;

Commercial Foodfish License Decal - Implement a requirement that all commercial foodfish license holders display a DEC-issued decal while commercial fishing;

Sharks - Revise the Federal Register citation for shark regulations to incorporate, by reference, NMFS's new shark regulations and maintain consistency with federal shark fishing regulations. Federal shark regulations cover open and closed seasons, minimum size limits, catch limits and more, for many different species of sharks. Federal regulations were updated in 2003, and DEC's draft regulations would ensure that state regulations are consistent with the amended federal regulations;

Summer Flounder, Bluefish, Black Sea Bass and Spiny Dogfish Commercial Regulations - Eliminate duplicate text in the existing summer flounder, bluefish, black sea bass and spiny dogfish commercial regulations, to reflect changes in quota periods, to correct internal text references, and to allow flexibility for quota management;

Winter Flounder - Eliminate the registry and independent reporting of the commercial, winter flounder, fyke-net fishery;

Winter Flounder and Scup - Increase minimum mesh size requirements for winter flounder trawls ( 6-inch diamond and 6.5-inch square) and scup (5-inch diamond for 75 meshes forward of the terminus of the cod end, or throughout the net if the net is less than 125 meshes in length), as required by the ASMFC's FMPs for these species, and

Striped Bass - Increase the by-catch limit for striped bass caught in commercial trawl gear from seven to 21.

Cooperative Fisheries Management

New York State participates in the cooperative management of migratory marine fisheries under the Interstate Fishery Management Program of ASMFC. Under that program, ASMFC adopts Interstate FMPs for individual species or groups of fish. Under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA), ASMFC determines if states have implemented provisions of their FMPs in a timely manner.

If ASMFC determines that a state is in non-compliance with an FMP, the U.S. Secretary of Commerce is notified. If the secretary concurs with the non-compliance determination, he/she announces and enforces a complete prohibition on all fishing for the species in the waters of the non-compliant state until that state comes into compliance with the FMP.

Marine Fishing Statistics

NFMS's Marine Recreational Fishing Statistics Survey estimated that more than 500,000 anglers made more than 4.6 million fishing trips in New York's marine waters in 2004. The most popular species are striped bass, bluefish, fluke and porgy, with estimated 2004 catches of 1.7 million, 3.2 million, 3.4 million, and 3.9 million fish caught, respectively. A 2001 study by the New York Sea Grant Institute estimated that New York's marine recreational fishing industry annually contributes a total of over $1.3 billion to the state's economy and supports 21,000 jobs.

Public Comment and More Information

The proposed revisions are available for public comment until December 30, 2005. Comments may be mailed to: NYSDEC, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 Belle Mead Road, Suite #1, East Setauket, NY 11733, or can be e-mailed to mailto:fwmarine@gw.dec.state.ny.us?subject=Comments on Proposed Marine Fish Regulations. Further information on the proposed changes is available at the previously mentioned address, or by calling 631-444-0436.