SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS BOARD (February 7, 2008) 

Press Release 

ASMFC Summer Flounder Board Approves State Recreational Management Measures 

Alexandria, VA – The Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board approved state management proposals for the 2008 recreational fishery for summer flounder. In developing measures to stay within the coastwide recreational harvest target of 2.05 million fish, states used state-specific performance factors developed by the Summer Flounder Technical Committee. The performance factors account for states’ past performance in achieving their quota target, as well as increased effort, increased stock size, and percent standard error considerations in state-specific estimates generated by the Marine Recreational Fishery Statistics Survey. States that fail to implement the approved management measures (or measures developed through the approved methodology) will be required to implement a precautionary default measure of a two fish possession limit at a 20-inch minimum size with an open season from July 4 to September 1, 2008. 

The state-approved management measures fall under the Commission’s summer flounder management program, which allows for the use of conservation equivalency. Conservation equivalency provides states the option of crafting state-specific management measures that best meet the needs of their fishermen while also meeting the conservation requirements of the resource program. All conservationally-equivalent management measures must be reviewed and approved by the Summer Flounder Technical Committee and the Management Board before they can be implemented. 

Since conservation equivalency was initiated in the summer flounder management program in 2001, the states have had mixed success in limiting coastwide recreational harvest to within the specified harvest target. The inclusion of the performance factor in developing state-specific measures this year is intended to help the states constrain their recreational harvest to meet both the overall recreational harvest target as well as state-specific harvest targets. 

States will now have to go through their own individual regulatory processes to finalize their summer flounder recreational measures. For more information on those measures, contact your state marine fishery agency. 

The Board also approved scup recreational management measures for the northern region 
(Massachusetts through New York). The private and shore-based fishery will have a 10.5 inch 
minimum size, 10 fish bag limit, and an open season of May 24 through September 25. The for-hire fishery (party and charterboat) will have an 11-inch minimum size and a 10 fish bag limit for 81 consecutive days (each state will determine their own season, to fall anytime between May 15 and October 15). The for-hire fishery will also have a bonus season for 45 consecutive days (also selected by the states) with a 45 fish bag limit. For more information, please contact Toni Kerns, Senior Fisheries Management Plan Coordinator for Management, at (202) 289-6400 or tkerns@asmfc.org. 

PR08-05 

Meeting Summary 

The Summer Flounder, Scup, and Black Sea Bass Management Board met to review a number of issues. The Board adjusted the 2008 summer scup commercial quota to account for the overage of the 2007 summer scup commercial quota in federal waters. The overage will be spread out over two years (50% in both 2008 and 2009). If the entire summer quota is not landed in 2008, whatever quota remains will be used to reduce the 2009 portion of the overage. This action was taken to minimize inequity between state-permitted and federally permitted vessels could occur in 2008. 

NOAA Fisheries accounts for landings on the date of purchase, not the date landed. This has caused concern regarding scup commercial landings at the end of the winter I period. Because landings are not always landed and sold on the same day, scup landed under the large winter I trip limit have been applied to the summer period state quota. In states with relatively small summer period quotas this can cause considerable overages. The Board adjusted the end date for the winter I scup commercial fishery from April 30 to April 28 to ensure that any scup that are landed in winter I, but sold in the summer period, are applied to the winter I quota, regardless of date sold (the closure allows a few days to pass for sales to be completed). No scup can be landed/possessed on commercial vessels in state waters from April 28-April 
30. For more information, please contact Toni Kerns, Senior Fisheries Management Plan Coordinator for Management, at (202) 289-6400 or tkerns@asmfc.org. Motions 


Move to accept the recommendation put forth by the committee on State-Federal Alignment. 

Motion made by Mr. Adler, second by Mr. P. White. Motion carries. 

Move that the ISFMP Policy Board recommend to the full Commission that the State of New Jersey be found out of compliance for not fully and effectively implementing and enforcing Addendum IV and Addendum V to the Interstate Fishery Management Plan for Tautog. The State of New Jersey has not implemented management measures to achieve the required 25.6% reduction in  exploitation. This reduction in exploitation is necessary to initiate rebuilding of the overfished tautog stock. In order to come back into compliance the State of New Jersey must implement management measures that achieve the required reduction in exploitation as required by Addenda IV and V. 

Motion made by Dr. Pierce on behalf of the Tautog Management Board. Motion carries. 

BUSINESS SESSION (February 7, 2008) 

Press Release 

ASMFC Finds New Jersey Out of Compliance with the Tautog FMP 

Noncompliance Finding to be Forwarded to the Secretaries of Commerce and the Interior 

Alexandria, VA – The Atlantic States Marine Fisheries Commission has found the State of New Jersey 
out of compliance with the mandatory management measures contained in Addenda IV and V of the 
Interstate Fishery Management Plan for Tautog. The Commission will be notifying the Secretaries of 
Commerce and the Interior of its finding. This action is taken pursuant to the provisions of the Atlantic Coastal Fisheries Cooperative Management Act of 1993. 

The State of New Jersey has not implemented Addenda IV and V’s mandatory harvest reductions, which require the state to implement a management program that will achieve a 25.6 percent reduction in exploitation by January 1, 2008. This reduction is necessary to initiate rebuilding of the overfished tautog stock and to maintain effective cooperative management of the tautog resource. According to the 2006 peer-reviewed stock assessment, the tautog resource continues to be at low biomass levels. Since the mid1980s tautog has undergone a substantial decrease in total and spawning stock biomass, with both currently at levels about one-third of their historical averages. 

To come back into compliance, New Jersey must implement management measures that reduce fishing exploitation by 25.6 percent. Upon notification by the Commission, the Secretary of Commerce has 30 days to review the recommendation and determine appropriate action, which may include a federal moratorium on fishing for tautog. 

For more information, please contact Robert Beal, Director, Interstate Fisheries Management Program, at 

(202) 289-6400. 
PR08-06 
Motions 

On behalf of the ISFMP Policy Board, I move that the Commission find the State of New Jersey out of compliance for not fully and effectively implementing and enforcing Addendum IV and Addendum V to the Interstate Fishery Management Plan for Tautog. The State of New Jersey has not implemented management measures to achieve the required 25.6 percent reduction in exploitation. This reduction in exploitation is necessary to initiate rebuilding of the overfished tautog stock. In order to come back into compliance the State of New Jersey must implement