The New Jersey Marine Fisheries Council (Council) unanimously voted to approve a three fluke and 18-inch size limit for the 2017 season which would run from May 25 through September 5.
It’s the first time since 2010 that New Jersey has had to truncate the summer flounder season to a Memorial Day to Labor Day stretch in order to keep the size limit at 18 inches; however, the vote also keeps the state from doing something it’s never done, and that’s adopting a size limit greater than 18 inches in minimum length for recreational fishermen.
There were nearly 100 members of the public in attendance at the Avalon Community Hall for the Council’s vote on May 17, with most of the South Jersey representatives clearly in favor of the shorter size limit. One by one, anglers and business owners based from Southern Ocean County to the Delaware Bayshore spoke in favor of the plan which would help break New Jersey free from being included in the tri-state region with New York and Connecticut that was implemented by the Atlantic States Marine Fisheries Commission (ASMFC) in 2014.
For most South Jersey anglers in attendance, the smaller fish available in local bays for the beginning of the summer and the annual loss of fish and customers after Labor Day made this plan more palatable. In particular, members of the Fortescue fleet were supportive of the plan since it also allows for a three fish at 17-inch size limit west of the COLREGS on Delaware Bay so that bayshore communities can share the same size limit with anglers from the state of Delaware.
While the Council vote also allows for a two fish at 16-inch size limit for shore-based anglers at Island Beach State Park, some surfcasters and northern coast anglers especially felt the loss of a September fishery would hurt surfcasters late in the season. “We think both options are unacceptable, we’d rather continue to fight,” said Paul Haertel in representing the New Jersey Beach Buggy Association (NJBBA) and Berkley Striper Club “We would support the longer season even if it meant the 19-inch size limit,” he added.
Speaking as president of the Jersey Coast Anglers Association (JCAA), John Toth said his board met on May 11 and voted to support the state going out of compliance with ASMFC, while listing the support of eight of nine member groups including Newark Bait and Fly Club, Manasquan Fishing Club, Manasquan River Marlin and Tuna Club, Berkley Striper Club, Hudson River Fishermen’s Association, Shore Surf Clubs, Saltwater Anglers of Bergen County and Village Harbor Fishing Club. A ninth organization, Jersey Coast Shark Anglers, did not have time to poll its own members before this week’s Council meeting.
As for going out of compliance with the ASFMC and NOAA Fisheries, that already seems to be a foregone conclusion.
The ASFMC Summer Flounder, Scup and Black Sea Bass Management Board will meet via conference call on Monday, May 22 at 12:30 p.m. to review the Technical Committee’s report on New Jersey’s 2017 fluke proposal and consider any final action. Because New Jersey is essentially going against the ASFMC vote to be constrained by the same size and season as New York and Connecticut, even if the Technical Committee finds New Jersey’s plan to be “conservationally equivalent” in terms of the required reduction in harvest, the state will probably still be found non-compliant by the ASFMC’s standards.
“Some of the vibes we’re getting from the Technical Committee are not good,” said Council chairman Capt. Dick Herb, who also added “(but) the National Marine Fisheries Service should back us up.” Chairman Herb noted how the Christie administration and the New Jersey Department of Environmental Protection (DEP) through commissioner Bob Martin in particular did extensive work in getting the Commerce Department and NOAA Fisheries to support New Jersey’s somewhat revolutionary effort on behalf of the fluke fishery as a whole. “We’re basing much of our argument on reducing the amount of bycatch mortality,” Herb noted.
“The DEP has gone to bat like we’ve never seen before,” added council member and Sea Isle party boat captain Bob Rush, while reminding Avalon attendees of the prior Council meeting in January when nearly 150 fishermen turned out in opposition to the ASMFC’s original suite of options. “There wasn’t one person in that room at the Council meeting in January that wanted a 19-inch fish.”%page_break%
In a statement on behalf of the New Jersey chapter of the Recreational Fishing Alliance (RFA-NJ), Capt. Adam Nowalsky called the continued mismanagement of summer flounder at the federal level a “death by a thousand cuts” that many in the community were seeing more as a “beheading” in recent days. “We recognize the very different needs of the angling community throughout New Jersey, from Raritan Bay to Delaware Bay, from Cold Spring Inlet to Shark River Inlet, but when asked to choose which of your children you are going to feed because you are left with scraps for dinner – the result of a broken management system using old science – there is no right answer.”
“We again thank Commissioner Martin for attending and speaking on behalf of the New Jersey recreational angling community at multiple ASMFC meetings and his work with NOAA Fisheries so that at least we may have a discussion here this evening about potential options,” Nowalsky added.
After Wednesday’s Council vote, notice was sent to DEP commissioner Bob Martin who is expected to sign the new regulation into effect in time for the Technical Committee hearing on Monday. Following final determination by ASMFC, It would be up to NOAA Fisheries and the Department of Commerce to decide if any action must be taken against New Jersey for defying the ASMFC’s mandate.
It is believed that while the Department of Commerce is willing to allow New Jersey’s non-compliant attitude towards the regulations that meet a technically equivalent reduction, sources said that had New Jersey simply left the 2016 regulations in place for another year the federal government very likely would’ve shut down the entire fluke fishery in the state. Chairman Herb explained to attendees that such a decision would’ve negatively affected New Jersey’s historical catch records by disqualifying the 2017 season, which could’ve ultimately impacted future quota setting measures. Additionally, such a decision by the federal government would’ve led to an immediate closure of the commercial fluke fishery which is also bound by a 30% cutback in harvest for 2017.
“As hard as this pill is to swallow, we have to support this option,” said Capt Eddy Yates of the Hunter which runs out of Barnegat Light for most of the season. “We’re the only state that’s not going to raise the size limit this year? That’s pretty good.”
Like many others, Yates said the real problem for most of the for-hire sector in New Jersey is the loss of much of the black sea bass fishery; in 2010 when the fluke season was shortened to just a Memorial Day to Labor Day timeframe, New Jersey anglers had a black sea bass fishery to enjoy. Regrettably, while the stock size of black sea bass has been doubled during that timeframe, the allowable harvest and angling opportunities have shrunk dramatically.
“We have to break away from New York, especially with sea bass,” Yates said.
Other topics of discussion at the emergency council hearing on May 17 were slot limits for fluke brought up by Tammie Carbohn from Avalon Hodge Podge, as well as the concept of staggered start and end dates to accommodate the differing needs of anglers from the northern half and southern half of New Jersey.
“Yes, we will be looking at that in the future,” Herb said on behalf of DEP and the appointed council members, on both accounts.
So until further notice, New Jersey anglers get back to the fluke grounds on May 25!