For Release: Tuesday, May 12, 2009
Following Federal Reversal, DEC to Allow Certain Party Boats to Catch Summer Flounder During Mid-Season Closure
In the wake of a successful appeal by New York officials, the National Marine Fisheries Service (NMFS) has agreed that summer flounder caught as part of a federal research program will not count against the state's quota for the popular fish also known as "fluke," New York State Department of Environmental Conservation (DEC) Commissioner Pete Grannis announced today.
As a result, 20 "party" boat operators that are taking part in what's known as the federal Research Set-Aside (RSA) program will be allowed to catch fluke through the year and including the mid-season closure period, which runs from June 16 to July 3, Commissioner Grannis said. Only those boats participating in the RSA program are allowed to catch fluke during the closure.
Earlier this year, NMFS indicated it could not guarantee that fluke landed in the RSA program would not count against the state's annual quota for the species. But in response to requests from DEC and Assemblyman Bob Sweeney, NMFS developed a procedure to "earmark" party boats' catch and exclude it from New York's quota.
"This is a victory for New York anglers," Commissioner Grannis said. "New York faced the strong possibility of being unfairly penalized for allowing our boat operators to participate in the federal research program. That would have had drastic consequences for recreational anglers and boat operators when next year's quotas are established. "
"This is a fair and reasonable decision that will benefit recreational anglers and boat owners who have acted in good faith. Commissioner Grannis and DEC are to be congratulated for their efforts on behalf of New York anglers," said Assemblyman Sweeney chair of the Assembly Environmental Conservation Committee.
RSA Program
Under the RSA program, federal officials set aside 3 percent of the coast-wide quota for a species to be auctioned off. Successful bidders can land fish even during closed periods; their landings are not intended to count against a state's quota for a species. Proceeds from the auction are used to fund independent fishing studies.
Historically, only commercial operators participated in the program. This year, for the first time recreational boat operators took part, with 20 New York party boat operators winning allotments. New York faced the prospect of landings by these operators being counted against the state's recreational quota for fluke - a quota that has been steadily decreasing over the years and which is now the subject of a DEC lawsuit against NMFS. But the action by NMFS now assures that RSA landings won't be part of the New York tally.
In March, DEC announced new limits for recreational fluke fishing. To comply with federal mandates to reduce harvest in 2009, DEC announced that the season would be open from May 15 till June 15, and from July 4 to Aug. 17. Those dates will still apply to all recreational anglers not participating in the RSA program.
Quota Lawsuit
Commissioner Grannis pointed out that in 2008 New York filed a federal lawsuit challenging the methods and data used to manage coastal fluke populations. The lawsuit claims that NMFS violated federal law by using outdated and scientifically unreliable statistics to establish fluke harvest limits along the Atlantic Coast, resulting in inequitable treatment of New York anglers. For example, in 2008 an angler on the New York side of Raritan Bay could land four fluke per day with each fish measuring at least 20.5 inches long while someone on the New Jersey side of the bay could land eight fluke at only 18 inches long. The lawsuit is still pending.
