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Old 02-02-2017, 04:51 PM   #1
njdiver
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Fluke Regulations Update 2-2-17

Fluke Regulations Update 2-2-17


At the ASMFC's Summer Flounder, Scup and Black Sea Bass Board meeting today 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 to 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
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Old 02-03-2017, 01:19 PM   #2
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Re: Fluke Regulations Update 2-2-17

Boooooo!!!!


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Old 02-03-2017, 02:26 PM   #3
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Re: Fluke Regulations Update 2-2-17

Everyone's making a big fuss about this but i feel like its really not that big a deal. Some areas get hit pretty hard between rod and reel and spearos, (Shark river bay, Belmar, Squan and Barnegate inlet) and i feel like this is just going to ensure more fish to look at / pick and choose from.
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Old 02-03-2017, 02:30 PM   #4
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Re: Fluke Regulations Update 2-2-17

You need to pull back and see the larger picture on exactly how many people will be affected by this, the history of regulations and the "science" that is being used.
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Old 02-03-2017, 04:33 PM   #5
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Re: Fluke Regulations Update 2-2-17

please educate me, im no scientist and was never claiming one side was right or wrong. Just looking at the upside
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Old 02-03-2017, 04:42 PM   #6
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Re: Fluke Regulations Update 2-2-17

There is no "upside". Having anglers killing the larger fish, which are proven to be females, the regulations are forcing more of an impact on the larger breeders. A vicious cycle that needs to be halted. Our impact on the fishery is negligible. In the previous "upside" regulations of a slot limit, the species improved. I am not a scientist either, I attend the meetings and read the comments. It will get interesting this summer to see if NJ is found out of compliance.
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Old 02-03-2017, 06:33 PM   #7
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Re: Fluke Regulations Update 2-2-17

I do not understand how NJ can be out of compliance. Federal regulations only apply at the 3 mile line. Florida repeatedly alters federal regulations, specifically with the Hogfish legislation.
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Old 02-03-2017, 06:39 PM   #8
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Re: Fluke Regulations Update 2-2-17

These regulations are coming from both the Mid Atlantic Fisheries Management Council (Federal waters) and the Atlantic States Marine Fisheries Commission (State waters).
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Old 02-04-2017, 09:24 AM   #9
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Re: Fluke Regulations Update 2-2-17

Here are a couple of posts from a fishing forum:

Quote:
Originally Posted by MakoMike
But they gave up that right when they decided to enter the ASMFC interstate compact and agreed to abide by the ASMFC's rules.


Actually, that's not correct Mike. The original language of the Compact couches "rules" in the form of "recommendations." The individual states' compliance is entirely voluntary (presumably for the "common good") pursuant to the terms of the interstate Compact, and further, the Compact can be entirely repudiated by any member state at any time. Under the terms of the ACFCMA, however, Congress purports to make compliance mandatory, under threat of federal intervention in the form of closure.

One must always keep in mind that, at the very bottom root of our system of government, the STATES are sovereign and wield that sovereign power over the federal government in ALL cases except concerning the specifically enumerated powers set forth in Art. 1 Sec. 8 of the Constitution. (See the 10th Amend.) This makes federally mandated fishery regulations a perfect platform for lawful nullification (show me where fisheries are specified in Art. 1 Sec. 8?).

Put simply - the states created the federal government (Legislative, Executive, Judiciary) via the terms of the the contract that is the Constitution and Bill of Rights to serve the purpose and common interests of the states. The federal government thereby created was very strictly limited to the enumerated powers specifically listed in Art.1 Sec. 8, with ALL REMAINING POWERS left to the states (or the people) (10th Amend.). One must ask - how can the thing created (fed. gov) to SERVE the creators (states) somehow exert powers greater than those granted to it?

The federal government cannot simply unilaterally grant itself powers that the states never gave it in the first place. The Constitution was and is a contract between the states with the purpose of creating a SUBSERVIENT federal government with very limited powers. Thus, from a purely Constitutional standpoint (and this is ultimately the only standpoint that counts) the NMFS and its rules are entirely illegitimate, and any state can lawfully nullify such agency power pursuant to the terms of the original contract that is the Constitution.

The ASMFC properly recognized the sovereignty of the individual party states, which is why the "rules" promulgated by its various committees were never anything more than recommendations which could be repudiated by the party states. For this reason, any party state is perfectly within its sovereign rights to tell the Secy of Commerce to go pound sand. Will this create an uncomfortable situation? Undoubtedly, but no more uncomfortable than the "medical marijuana" situation we now see in NY State (and others). Remember that possession is still a federal crime, but NY State has made it legal under certain circumstances, thus the feds must "pound sand."

Nullification in action.

Last edited by sealaw; Today at 01:23 AM.

http://forums.noreast.com/23-fisheri...ml#post5635450
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Old 02-04-2017, 11:08 AM   #10
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Re: Fluke Regulations Update 2-2-17

Coming from California the mpa really screwed everyone over. Protect your rights, before you know it fishing areas will be eliminated and more bag limits reduced in thriving eco systems...
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Old 02-04-2017, 11:22 AM   #11
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Re: Fluke Regulations Update 2-2-17

We are watching!
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Old 02-04-2017, 03:54 PM   #12
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Re: Fluke Regulations Update 2-2-17

Quote:
Everyone's making a big fuss about this but i feel like its really not that big a deal. Some areas get hit pretty hard between rod and reel and spearos, (Shark river bay, Belmar, Squan and Barnegate inlet) and i feel like this is just going to ensure more fish to look at / pick and choose from
Thats a TINY portion of the state and the overall fluke catching done within NJ but it does give you a snapshot of the industry behind this specific fishery. It’s huge. Legions of people chase fluke each year through the warm months and with that comes the exchange of money to do it. It’s the number one fish for the recreational fishing industry here. Boats, tackle, bait, ramp fees, boat slips, food, drinks, charters, hotels,headboats, on and on.

Quote:
please educate me, im no scientist and was never claiming one side was right or wrong. Just looking at the upside
You could lose yourself for years reading the background of fishery management, acts, specific fish, science methods used to collect the data for that fish species, specific points of disagreement but in a super short oversimplified way the argument comes down to…… (huge important business for NJ, more fish then in yrs, cuts so big would devastate us, questionable science to use for decision making, uneven harvest of females with increased length regulations, unfair on NJ as compared to other states) ……VS….. (We need reductions because despite the relative abundance presently the fluke stock is not seeing the recruitment it needs to sustain and grow to meet a predetermined spawning stock target size) (Spawning stock= total lbs of spawning fish)
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