Quote:
Originally Posted by dales529
Capt Ron
Understand completely just not sure how whoever the Gov ends up being that they have any power on the Fed side when /if NJ goes out of compliance. Last time this was tried the fed said they would revoke PB and Charter Fed permits only allowing you to fish in the EEZ 1-3 miles in state waters and thats when then Gov Christie and the DEP caved to a deal. Are you willing if that happens to fish only where they say you can?
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Below is what happens if a state chooses to go out of compliance. I could be wrong but the way I read this it's species specific so it's not like if we go out of compliance on Sea Bass party and charter boats won't be able to fish for other species and you still could fish for Seabass inside 3 mile state waters.
Having said all this, I don't think it would go that far. It will quickly get escalated to the Sec of Commerce and in the case of Seabass a blind person could see we should get some significant liberalization.
As far as Striped Bass, we have no commercial fishery and can't fish outside the 3 mile line anyway so very little risk for us.
ChatGPT said:
If a U.S. state goes out of compliance with federal fisheries management (for example, under the Magnuson–Stevens Fishery Conservation and Management Act), there are established consequences:
Review by the Secretary of Commerce (via NOAA Fisheries):
Federal fisheries are jointly managed by states, regional fishery management councils, and NOAA.
If a state adopts regulations inconsistent with federal fishery management plans (FMPs), NOAA can review those measures.
Determination of Noncompliance:
If the Secretary of Commerce finds that a state’s actions diminish the effectiveness of federal management, the state can be formally declared “out of compliance.”
This often happens when a state liberalizes rules (e.g., longer seasons, higher catch limits) beyond what the federal plan allows.
Federal Action:
Once declared out of compliance, the Secretary can close federal waters (3–200 miles offshore) adjacent to that state to fishing for the affected species.
For example, this has happened in Gulf of Mexico red snapper and Atlantic striped bass management disputes.
Practical Effect:
Fishermen from that state can’t access federal waters for that fishery.
Landings may not be accepted at ports.
It effectively puts strong economic pressure on the state to come back into compliance.
State-Federal Dynamics:
Most states avoid outright defiance because the closure of federal waters can seriously harm their fishing industries.
Still, states sometimes push back for more local control, leading to negotiations or amendments to the federal plan.
👉 In short: If a state goes out of compliance, the federal government can shut down access to federal waters for that fishery until the state complies again.
