New Fluke Regulation Update 2-2-17

[Angler Paul]

NEW Fluke Regulation Update 2-2-17


At the ASMFC's Summer Flounder, Scup and Black Sea Bass Board meeting on 2/2 there was a three hour discussion on which fluke option to choose from Addendum XXVIII. The meeting began with DEP Commissioner Bob Martin speaking on behalf of New Jersey's fishermen. He made it clear that none of the options in the addendum were acceptable to our state and urged the board to maintain status quo. He made it clear that our state will fight any of the other options with whatever means is necessary. The Commissioner was followed by a representative from Congressman Frank Pallone's office who also spoke passionately on our behalf. We need to thank both of them for making the trip to Alexandria, Virginia and doing this. New Jersey representative Tom Baum then made a motion for status quo which I believe was seconded by Delaware. In addition to Tom, our other representatives, Adam Nowalsky and Chris Zemen presented our case very well but unfortunately the motion failed with only Delaware supporting us.
A lengthy discussion ensued but eventually it was option 5 that was approved by the board. This option was approved by the board despite the fact that it could be overruled by NOAA if it is determined that this option does not result in the mandated reduction. Option 5 seems to be the least restrictive of the five options in the addendum. Under this option, NJ would be faced with a 3 fluke bag limit with a 19" size limit and a 128 day season.
Regardless, our state is rejecting this option and intends to leave our 2016 regulations in place for this year. Our State is working with the new Trump administration with hope that the cuts mandated by NOAA will be overruled. However, for now though, based on the ASMFC's decision today, each state or region will now have approximately two months to develop regulations that would comply with option 5. Though NJ has already decided to go out of compliance, I don't believe that we could actually be found out of compliance until the deadline to enact regulations has passed. Then, I believe at the ASMFC meeting in May, we could be found out of compliance and our state would probably be given a warning notice with 30 days to comply. If we fail to comply, it would then be sent to the Secretary of Commerce who would then have to find that our regulations were hurting the fishery and if so, the default measures would be enacted upon us. That would be 2 fish at 20" with a season of 7/1 - 8/31. However, all this would take time and there is also a chance the Secretary of Commerce could give a favorable ruling. If it goes this route, a decision will probably not be made until mid-summer. This is a big risk we are taking but we have now drawn a line in the sand. As the Commissioner stated, "Enough is enough". Please continue to contact your legislative representatives and ask for their support.
Therefore as of right now, our season is slated to begin on 5/21 and continue through 9/25 with a 5 fish limit at 18" for most of the State. The only exceptions are for Delaware Bay where there is a 4 fish limit at 17" and at Island Beach State Park where there is a two fish limit at 16".


Paul Haertel, JCAA Past President

[ALS Mako]

Thank you for the update

[Gerry Zagorski]

Great job breaking it all down and summing it all up so we can understand it Paul.

[teddysclaw]

Wow so our state is going rogue? GOOD STUFF! Thank you so much for the effort. Pretty amazing stuff.

[shrimpman steve]

Following the drama from Florida. Good luck fellas

[frugalfisherman]

OK so there are 2 sets of rules. Which rules are the charter and party boats going by? We had this situation several years ago with sea bass. The party boats had a state rule for 3 miles in and a federal rule 3 miles out. As the sea bass moved out past 3 miles so did the boats still going by state rules. I don't remember why but that only lasted one year.

[Angler Paul]

They have to abide by state rules when in state waters. That includes when they are returning to port from fishing offshore. In other words, they could abide by whatever the federal rules are while fishing beyond 3 miles but have to be in compliance with whatever state's waters they return to. For example if fluke season was closed in New Jersey but open in New York and in federal waters, a NY party boat could fish beyond 3 miles anywhere off the NJ coast, keep fluke and return to NY provided it did not enter NJ state waters. A NJ boat could not return to NJ state waters with fluke even if the boats were fishing side by side offshore.

Paul Haertel - JCAA Past President

[frugalfisherman]

Well since nobody flukes farther out than 3 miles until late September we've got it made. Might as well make it 16 inches.

[KevinH]

So if the state doesn't comply with the new regs what makes the Feds think the state will comply with the 2 at 20?

[Gerry Zagorski]

Originally Posted by KevinH

So if the state doesn't comply with the new regs what makes the Feds think the state will comply with the 2 at 20?

It's all a political chess game right now... In the short term, we make a move, they make a move till the game is over. Long term the board is reset and we continue to play for the match.