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For Release: Wednesday, October 17, 2007

Commercial Fishery for Summer Flounder Closed

Action to Prevent Over-harvest

With the state at its federal quota, the New York State Department of Environmental Conservation (DEC) today announced that the 2007 commercial fishery for summer flounder, commonly known as fluke, will be closed effective 12:01 a.m., Saturday, Oct. 20.

From Oct. 20 until further notice, fluke permit holders cannot land the fish. Beginning Nov. 3 until further notice, New York Food Fish and Crustacea Shippers and Dealers license holders cannot purchase fluke. The sole exception to these closure provisions are participants in the research "set-aside" program who still hold additional fluke quota they have purchased. Participants in the research set-aside program must provide proof (i.e., New York State License to Collect or Possess) to the purchasing dealer that they hold a research set-aside license.

This action is taken to prevent the over-harvest of the commercial fluke quota provided to New York under the State/Federal fisheries management plan. New York's 2007 quota is 619,123 pounds. As of the week ending Oct. 6, landings statistics provided by the National Marine Fisheries Service indicated that New York had harvested approximately 96 percent of its 2007 quota. Allowing for late entries, the DEC determined it prudent to close the fishery on Oct. 20, and avoid excessive over-harvest penalties that would be deducted from the 2008 quota. DEC has sent notification of the pending closure to every commercial fluke fishing permit holder.

This follows the closure of the recreational fluke fishery on Sept. 17 due to federal quotas.

New York participates in the cooperative management of migratory marine fisheries under the Interstate Fishery Management Program of the Atlantic States Marine Fisheries Commission (ASMFC). Under that program, ASMFC adopts Interstate Fishery Management Plans (FMP's) for individual species or groups of fish. ASMFC determines if states have implemented provisions of FMP's in a timely manner. If ASMFC determines a state to be in non-compliance with an FMP, the Commission notifies the U.S. Secretaries of Commerce and Interior who have the option of enforcing a complete prohibition on all fishing for the species in the waters of the non-compliant state until the state comes into compliance with the FMP.

Under the management plan for fluke, ASMFC assigns each state an annual harvest target or quota. Commercial harvest is monitored through a mandatory reporting system required for all federal and state-licensed seafood dealers, assuring the validity of the catch data. Seafood dealers are required to report purchases from seafood harvesters on a timely basis. The National Marine Fisheries Services (NMFS) publishes a summary of the landings data received at its website on a weekly basis. DEC utilizes the information published by NMFS to track and monitor the landings, so as to distribute the commercial harvest uniformly over the commercial season. Working with the commercial fishing industry, DEC sets trip limits, or the amount an individual permit holder may land from one trip, to spread harvest over the season. The results of the quota monitoring system indicate that New York has reached its 2007 fluke quota. Therefore, the closure of the fishery was put into effect.

For further information regarding New York's fishing regulations please visit the DEC website at: www.dec.ny.gov/index.html. For information concerning the 2007 commercial quota determinations please visit the DEC website at: http://www.dec.ny.gov/outdoor/26821.html For additional information about DEC Marine Resources programs please contact the Bureau of Marine Resources at (631) 444-0430.

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