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