5/11 Marine Fisheries Council

[pddmd]

Just a quick note to explain the NJMFC role in the ASMFC Emergency action on Striped Bass. The Council only has 2 options concerning this action. To either approve or disapprove. If the Council approves, Trenton signs off and we are in compliance. If the Council disapproves the action, there is a series of actions that go into effect.
1) The ASMFC would have to meet and find NJ out of compliance. This can take up to 30 days. Normally the clock would not start until the next general meeting(Aug) but we have been assured it will be a virtual meeting due to the emergent nature.
2) If found out of compliance, NJ has 30 days to defend it's position, that being out of compliance will not adversely effect the stock.
3) The case would then go to the Secretary of Commerce for a decision.
4) An out of compliance finding would result in a moratorium of the striped bass fishery. That moratorium could be a retention issue where an angler may not retain a striped bass. Or it may be an effort issue where even catch and release would be prohibited
NJ would then have to go through the process of approving the plan at the Council level, and send to Trenton for a signature

I hope this helps to let people know what we can/can't do

[Broad Bill]

Personally I don't think there's any possibility of being out of compliance without severe penalties based on how the regulations are written. With that said, it was my understanding that if you're out of compliance for one fishery the federal government has the right to close down all fisheries both recreational and commercial until the state comes into compliance. Maybe somebody with more knowledge can comment add color but I think it goes beyond the striped bass fishery itself and when the vote is 15 to 1 there's really not going to be any room for negotiating or maneuverability for modifications to the 28" - 31" slot.

This is the federal government we're talking about so you have to believe rules are written to force compliance otherwise the alternatives are so severe that no state in their right mind would go out of compliance.

[Gerry Zagorski]

Personally I don't think there's any possibility of being out of compliance without severe penalties based on how the regulations are written. With that said, it was my understanding that if you're out of compliance for one fishery the federal government has the right to close down all fisheries both recreational and commercial until the state comes into compliance. Maybe somebody with more knowledge can comment add color but I think it goes beyond the striped bass fishery itself and when the vote is 15 to 1 there's really not going to be any room for negotiating or maneuverability for modifications to the 28" - 31" slot.

This is the federal government we're talking about so you have to believe rules are written to force compliance otherwise the alternatives are so severe that no state in their right mind would go out of compliance.

I believe you are correct about the other penalties Bill. They are much more far reaching than just closing down Striped Bass.

Last time NJ went out of compliance was with Fluke in 2017. I think it was a good bet back then since the state and federal political climate was a lot different then it is now. At that time our Governor was Christie and he and his staff at the NJDEP supported the move. It then went to the Sec of Commerce, Wilbur Ross and he told NOAA to work with NJ and figure it out. They did by giving us what we wanted.

Yes, NJ voted against the emergency measure but it was just a vote along with 15 others that voted to approve it. If it now comes down to a decision for us go out of compliance, I doubt Murphy would support it and neither would his appointed people at the DEP. As far as the NJ Marine Council, although they might want to try, without out Murphy and NJ DEP support, it will go nowhere.

I could be wrong here but that's how I read it.

[hammer4reel]

I believe you are correct about the other penalties Bill. They are much more far reaching than just closing down Striped Bass.

Last time NJ went out of compliance was with Fluke in 2017. I think it was a good bet back then since the state and federal political climate was a lot different then it is now. At that time our Governor was Christie and he and his staff at the NJDEP supported the move. It then went to the Sec of Commerce, Wilbur Ross and he told NOAA to work with NJ and figure it out. They did by giving us what we wanted.

Yes, NJ voted against the emergency measure but it was just a vote along with 15 others that voted to approve it. If it now comes down to a decision for us go out of compliance, I doubt Murphy would support it and neither would his appointed people at the DEP. As far as the NJ Marine Council, although they might want to try, without out Murphy and NJ DEP support, it will go nowhere.

I could be wrong here but that's how I read it.

Gave us what we wanted ?
We went from 5 fish to 3 when they didn’t accept status quo

[Gerry Zagorski]

Gave us what we wanted ?
We went from 5 fish to 3 when they didn’t accept status quo

Come on Dan, you never get everything you want. We did however manage to keep the 18 inch fish when the feds wanted 19 in order for us to be in compliance.

[dales529]

OK so technically NJ NEVER went "out of compliance" on Fluke. What happened was prior to the MAMFC Council hearing on NJ "out of compliance" a deal was cut by then NJ DEP Commissioner for conservation equivalency "OUTSIDE of the proposed region linking NJ to NY and CT.

This surprised many listening to the meeting wondering how the council was going to deal with the threat of NJ going "out of compliance" only to hear a vote on the region compromise which passed.

The WIN was NJ was no longer in the region with NY and CT. The compromise later decided by NJ was going to 3 fish vs 5 which was way better than 2 @19 and a much shorter season if we stayed in the region or worse being shut down as "out of compliance".

[Gerry Zagorski]

OK so technically NJ NEVER went "out of compliance" on Fluke. What happened was prior to the MAMFC Council hearing on NJ "out of compliance" a deal was cut by then NJ DEP Commissioner for conservation equivalency "OUTSIDE of the proposed region linking NJ to NY and CT.

This surprised many listening to the meeting wondering how the council was going to deal with the threat of NJ going "out of compliance" only to hear a vote on the region compromise which passed.

The WIN was NJ was no longer in the region with NY and CT. The compromise later decided by NJ was going to 3 fish vs 5 which was way better than 2 @19 and a much shorter season if we stayed in the region or worse being shut down as "out of compliance".

And no saltwater license was needed to get that done. MEOW :D

[hammer4reel]

And no saltwater license was needed to get that done. MEOW :D


No need when all you did was lose 2 fish while fighting for status quo . And the regs continue to get worse every year .

Hope you manage your money better than they have the fishery