Virginia Saltwater Fishing

The Commission’s Summer Flounder, Scup and Black Sea Bass Management Board has modified the 2010 season length for the black sea bass recreational fishery. The season will now run from May 22 to October 11, 2010 and from November 1 to December 31, 2010.

The season represents an extension from what was originally planned. When the original season was developed, the Board only had 2009 harvest estimates for January through June. Harvest estimates for July through December 2009 were projected using previous years’ data to calculate a total harvest estimate.

Based on these preliminary projections, the original season was developed with the intent of reducing recreational harvest by 44% from 2009 levels.

Final 2009 harvest estimates were made available at the end of April.  The estimate indicates that harvest is less than previously projected and only a 21.4% reduction is required for the 2010 recreational season.

The newly approved season is anticipated to achieve a 26% reduction and allows for a reasonable conservation buffer to account for uncertainty in the harvest estimates and the effectiveness of regulations.

The season was further expanded into November and December to allow for increased access by party/charter boats and private boat/shore-based anglers that did not have a late fall/early winter season last year.

For more information, please contact Toni Kerns, Senior Fishery Management Plan Coordinator for Management, at tkerns@asmfc.org or (202) 289-6400.

source: ASMFC press release

In a vote supported by all member states of the Atlantic States Marine Fisheries Commission’s (ASMFC) Summer Flounder, Scup and Black Sea Bass Management Board, states will now have the option to liberalize the 2010 black sea bass season in state waters by an additional 90 days. The proposed new season will run from May 22 through October 11, with an additional open period of November 1 through December 31.  The proposal would keep the size and bag limit the same of 12-1/2 inches and 25 fish per angler.

The changes come following a bitter struggle by East Coast fishermen to save the recreational fishery for black sea bass. When NOAA Fisheries abruptly closed the recreational sea bass fishery last October without any opportunity for public comment, the RFA immediately began working on a legal challenge to fight the closure.

The RFA, United Boatmen and a coalition of industry allies (the “Plaintiffs”) filed suit on November 4, 2009 in New Jersey Federal Court arguing that the sea bass closure should be declared unlawful and set aside for being arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law pursuant to the Administrative Procedure Act.

“The emergency closure of the recreational sea bass fishery was unprecedented for a fishery that is not ‘overfished’ and where ‘overfishing is not occurring’,” said Jim Donofrio, RFA Executive Director. “This case is about more than just sea bass; it’s about taking a stand against a federal agency abusing its power and hurting individuals and small business owners.

The Mid-Atlantic Fishery Management Council (Council) and four of its Committees met in Duck, North Carolina from April 13 until April 15, 2010.

The Council voted to send a letter to NMFS, upon receipt of NMFS’ black sea bass proposed rule, to support adoption of the ASMFC 2010 Black Sea Bass recreational measures of a 3.7 million pound total allowable landings (TAL), a 12.5″ minimum fish size, a 25 fish possession limit, and a season of May 22 through September 12.

source: MAFMC

In a 40-page legal challenge submitted before the U.S. District Court of New Jersey on November 4, the Recreational Fishing Alliance (RFA) and industry allies have officially brought legal action against the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NMFS), and U.S. Secretary of Commerce Gary Locke due to the recent recreational closure of the Atlantic recreational black sea bass fishery.   The challenge contends that the recent closure is not only unprecedented for a fish whose stocks are considered rebuilt and not overfished, but that the action is also based upon “misapplication and misuse of a fatally flawed angler survey which NMFS itself has acknowledged is not to be used for this type of decision.”

Filed for a dozen specifically named plaintiffs, the official complaint for declaratory and injunctive relief requested expedited consideration in hopes of reversing the six-month sea bass closure as quickly as possible on behalf all saltwater anglers and fishery dependent businesses.  According to Capt. Tony Bogan, plaintiff of the United Boatmen, the recent closure of sea bass is only a part of legal equation.  “This goes way behind sea bass,” Bogan said of the legal argument, adding “it addresses the potential action by NMFS in the future to arbitrarily close fisheries on a whim or because of survey trends or ideology.’

By closing a recreational fishery based on the fatally flawed recreational survey (MRFSS), the suit contends that the government violated numerous provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the Regulatory Flexibility Act, the Administrative Procedure Act, and National Standard guidelines issued by NMFS.  Additionally, it charges the defendants with ignoring countervailing information and for failure to consider less severe alternatives.  “As a result of defendants’ actions, and failure to comply with the law, the Plaintiffs have suffered, and will continue to suffer, immediate, substantial and irreparable harm, for which there is no adequate remedy at law, and for which they seek expedited relief.”

Herb Moore, Jr., RFA co-counsel said the disregard for the spirit and intent of the Magnuson Stevens Act is one thing, but the clear disregard for the legal requirements of the federal fisheries law is something that leads him to be cautiously optimistic.  “These cases are very hard to win, but I think we’ve got some very strong arguments,” Moore said, adding “NMFS was extremely arrogant with their sea bass decision and we’re calling them out on this one.”  Moore charges that NMFS was very deliberate in their actions, explaining “they purposely chose an insular approach designed to block public scrutiny by claiming that they had good cause to waive prior notice and the opportunity for public comment.”

To view full legal challenge submitted on behalf of the recreational fishing community, visit the Recreational Fishing Alliance (RFA) homepage at www.joinrfa.org (see RFA Legal Defense Fund – The Fight For Angler’s Rights.)  Anglers and business owners interested in joining the coalition and supporting the legal challenge are encouraged to look for the Donate button on the RFA homepage. Donations may also be mailed to:

RFA Legal Defense Fund
PO Box 3080
New Gretna, NJ 08224
A national, grassroots political action organization representing recreational fishermen and the recreational fishing industry on marine fisheries issues, the RFA is dedicating all checks made payable to the RFA Legal Defense Fund directly towards these legal efforts outlined above.  All donations will be tracked individually, from all groups and individual anglers.

As of the court filing date, $18,855 in donations have been collected towards the initial challenge, though the plaintiffs expect that the real fight is now set to begin.

“This is the beginning of the battle, not the ending by any means,” said Moore.

Effective Monday, October 5, 2009, NOAA Fisheries Service is closing the recreational fishery for black sea bass. The closure applies to all federal waters north of Cape Hatteras, N.C., for 180 days in response to recent landing data that showed recreational fishermen may catch more than double their annual quota by the end of the year.

Landings data and scientific analyses show recreational fishermen may exceed their 1.14 million pound harvest limit by as much as 84 to 225 percent warranting the closure. The recreational harvest in 2009 could exceed the entire total allowable catch for commercial and recreational fisheries combined if left unchecked.

Atlantic coast states from Massachusetts through Virginia have scheduled their hearings to gather public comment on Draft Addendum XX to Amendment 13 to the Interstate Fishery Management Plan (FMP) for Summer Flounder, Scup, and Black Sea Bass. The dates, times, and locations of the scheduled meetings follow. Please note that some states will also be conducting hearings on other ASMFC proposed species management actions.

Massachusetts Division of Marine Fisheries
September 30, 2009; 4:30 PM
Annisquam River Marine Fisheries Station
30 Emerson Avenue
Gloucester, Massachusetts
Contact:  Melanie Griffin at (617) 626-1528
* The meeting will begin with public comment related to Lobster Draft Addendum XV; comment will be gathered on Scup and Black Sea Bass Draft Addendum XX immediately following lobster

Rhode Island Division of Fish and Wildlife
October 1, 2009; 6:00 PM
URI, Narragansett Bay Campus, Corless Auditorium
215 South Ferry Road
Narragansett, Rhode Island
Contact: Jason McNamee at (401) 423-1943
* Public comment will also be gathered on Shad Draft Amendment 3 and Striped Bass Draft Addendum II

Connecticut Dept. of Environmental Protection
October 6, 2009; 7:00 PM
Marine Headquarters (Boating Education Center)
333 Ferry Road
Old Lyme, Connecticut
Contact: David Simpson at (860) 434-6043
* Public comment will also be gathered on Shad Draft Amendment 3 and Striped Bass Draft Addendum II

New York State Dept. of Environmental Conservation

September 24, 2009; 7:00 PM
Marine Resources Headquarters
205 North Belle Mead Road, Suite 1
East Setauket, New York
Contact: Steve Heins at (631) 444-0435
* Public comment will also be gathered on Striped Bass Draft Addendum II

New Jersey Division of Fish and Wildlife
October 5, 2009; 7:00 PM
Marine Enforcement Office
Route 9, Mile Marker 51
Port Republic, New Jersey
Contact: Tom McCloy at (609) 292-7794

* Public comment will also be gathered on Shad Draft Amendment 3 (8:00 PM)

Maryland Dept. of Natural Resources
October 13, 2009; 5:30 PM
Tawes State Office Building, C1 Conference Room
580 Taylor Avenue
Annapolis, Maryland
Contact:  Carrie Kennedy at (410) 260-8235
* Public comment will also be gathered on Weakfish Draft Addendum IV

Virginia Marine Resources Commission

September 28, 2009; 6:00 PM
2600 Washington Avenue, 4th Floor
Newport News, Virginia
Contact: Jack Travelstead at (757) 247-2247
* Public comment will also be gathered on Shad Draft Amendment 3 and Striped Bass Draft Addendum II

Draft Addendum XX proposes changes to the transfer provisions for the commercial fisheries for both black sea bass and scup summer period (May 1-October 31) managed under the Commission’s plans.  The current FMP does not provide adequate guidance for Commission-only state-by-state quota management. As a practical matter, states routinely under harvest or slightly overharvest their state-specific allocations due to delays in reporting, inconsistencies in the data collection processes, unanticipated changes in catch rates, and implementation delays in trip limit changes or fishery closures. The FMP requires that each state deduct overages from the following year’s quota when they occur. The Draft Addendum proposes a process to reconcile quotas to address states’ unintended minor overages.

Specifically, the Draft Addendum proposes to establish clear policies and administrative protocols to guide the allocation of transfers from states with underages to states with overages. It also proposes to automatically reconcile a state’s overage in its entirety in a year where the coastwide quota or fishing period (e.g., scup summer period) quota was not exceeded. The proposed options would allow Commission staff to streamline and coordinate the transfers of quota as well as allow for quota transfers to reconcile overages after year’s end.

Fishermen and other interested groups are encouraged to provide input on Draft Addendum XX, either by attending public hearings or providing written comments.  Copies of Draft Addendum XX are available via the Commission’s website at www.asmfc.org under Breaking News.  Public comment will be accepted until 5:00 PM (EST) on October 9, 2009 and should be forwarded to Toni Kerns, Senior FMP Coordinator for Management, 1444 ‘Eye’ Street, NW, Sixth Floor, Washington, DC 20005; (202) 289-6051 (FAX) or at tkerns@asmfc.org (Subject line: Draft Addendum XX).

source: ASMFC press release

In accordance with Section 28.2-209 of the Code of Virginia, a public
hearing on the proposed regulations will be held at 12 Noon, on Tuesday, September 22, 2009, at the Virginia Marine Resources Commission, 2600 Washington Avenue, Newport News, Virginia. Written comments on the proposals should be mailed to:
Jack Travelstead
VMRC Fisheries Management Division
2600 Washington Avenue, 3rd Floor
Newport News, Virginia 23607

Comments should arrive by 5pm, Monday, September 21, 2009. Copies of the proposed regulations may be reviewed, at the Commission, Monday through Friday, 8:15am to 5pm, and may be obtained by calling the Commission at (757)
247-2248.