I assume that most readers of this site are hardcore saltwater flyfishermen. And if you’re like me you probably don’t target fluke (summer flounder) all that often. They are more the query of novice anglers because they don’t require much skill or effort to catch. Sure they can be great fun on a flyrod and no one can argue their excellent eating qualities, but they are usually pretty deep and don’t pull very hard. So quite honestly I don’t pay much attention to them or the management of the species. However, upon sorting through my usuall clumps of junk e-mail late last week, I noticed an e-mail from an old friend titled “NY Out of Compliance.” After reading the e-mail, a newspaper article on the subject and the DEC’s press release I realized the seriousness of the issue.
New York is the first state in history to blatantly choose to be out of compliance with the Atlantic States Marine Fisheries Commission (ASMFC) which sets state-by-state recreational harvest targets, and then requires the state to craft regulations that would theoretically be adequate to keep harvest at or under the target. On April 26th, in a direct challenge to the Commission, the state put regulations into place (3 fish at 17" during a season of May 15 to September 6) that were the same as those rejected by the Atlantic States Marine Fisheries Commission (ASMFC) in March. The disagreement between New York and the ASMFC springs from the questionable accuracy of the Marine Recreational Fisheries Statistics Survey (MRFSS) data on fluke. New York believes that the 2003 MRFSS data overstated recreational fishing effort, and harvest, and that anglers shouldn’t be forced to suffer further season, size and bag limits.
If the ASMFC and the Secretary if Commerce finds NY out of compliance (which they most certainly will), NY probably faces a closure by this summer. New York will, in all likelihood, challenge the closure in federal court, and request that the court issue an injunction preventing the closure of the fishery based on the same “bad data” argument commercial fishermen have been using for the last 20 years.
The moment NY officially issued regulations that intentionally put the state out of compliance, the dispute was no longer about fluke. It was about the integrity of the interstate management system. It will now be easier for a state to go out of compliance so its residents can kill more 24" bass, or to increase their bag limit for weakfish, because they
can come up with an argument that, although rejected by the Technical Committee and Management Board, they feel they can interpose with the Secretary of Commerce or a federal judge. Likewise, this will open the door for commercial fishermen to challenge every needed restriction based on "bad data." Not good!!! If managers can't rely on MRFSS, there is no even remotely objective data available.
I’ll be keeping an eye on this thing as it develops and be sure to keep you folks in the loop. In the meantime, feel free to contact ASMFC commissioners Gordon Colvin gccolvin@gw.dec.state.ny.us and or Pat Augustine paugustine@erols.com to express your displeasure at NY’s choice to be out of compliance.
Now on to the reports:
From hot to cold… That’s the way the weather went anyway. For the first time since August of 2003 I fished in a T-shirt this week. Awesome! Looks like Jersey and Western New York had a killer week with almost perfect fly-fishing conditions. But the fishing was hot and cold as well. Things slowed in J.Bay quite a bit and the bluefish moved in with a vengeance. Bait guys continued to hammer big stripers on bunker while the mosquito fleet looked on in horror. Outside was a different story as small bait created some pretty spectacular bass blitzes. Raritan Bay fished very well this week and some hogs were taken on the fly under the bunker schools. Central New Jersey had a pretty good week as well. Some schoolies and the stray larger fish are being taken out east and points in-between, but things still haven’t gone off there. I suspect it will happen this weekend though.
Speaking of this weekend, looks like we might have a little wind, but considering the weather we’ve had previous to this week it looks tame. So get out there and fish!!!