Coastal Conservation Association (CCA)

FOR IMMEDIATE RELEASE: June 7, 2004
CONTACT: Ted Venker 1-800-201-3474
Richen Brame, 910-793-3098

New York State Position Threatens Cooperative
Management Process

HOUSTON, TX – A decision by the State of New York to intentionally go out of compliance with the Atlantic States Marine Fisheries Commission’s (ASMFC) management plan for summer flounder has challenged the authority of the cooperative management process and left the state facing the very real possibility that the federal government will completely close down the fishery in state waters at some point this summer.

After careful review of the factors that have led to the standoff and the potential ramifications of the state’s action, Coastal Conservation Association’s (CCA) National Board of Directors is calling for the National Marine Fisheries Service to enforce ASMFC’s finding of non-compliance.

“We regret that the State of New York has chosen this course of action which jeopardizes the integrity of the entire cooperative management system,” says Richen Brame, CCA’s Atlantic States Fisheries Director. “We certainly understand their position, but the ASMFC process has worked well to recover striped bass and other species. It is simply the best model for fisheries management that we have and the action taken by New York challenges its viability.”

Currently at issue is data that indicate New York anglers exceeded their state allocation of summer flounder by 110 percent in 2003. As a result, the ASMFC required the state to cut harvest by almost half in 2004. New York questioned the accuracy of the survey used to determine 2003 harvest levels and its suitability for setting state-by-state allocations of summer flounder.

In March, New York presented ASMFC with proposed regulations that would only achieve a 20 percent harvest reduction. In the opinion of state officials, the smaller reduction is more appropriate than that required by ASMFC.

“This is basically a fight over how to collect data on recreational catch and how such data should be used. We all agree the present system is far from perfect,” said Charles Witek, Fisheries Committee chairman of CCA New York. “However, the danger with what New York is doing is that when a state that has such a wonderful record of supporting the interstate management compact chooses to abandon it, it encourages other states to step out of compliance on other species when a decision goes against them. It could all unravel.”

The ASMFC’s finding of non-compliance has been referred to the U.S. Fish and Wildlife Service and the Department of Commerce, which has formally notified the State of New York of the finding and has begun to accept comments on the matter. At the end of the comment period, the Department of Commerce may declare a moratorium prohibiting all summer flounder fishing, including recreational and commercial, in the State of New York until the state comes into compliance with the management plan.

“We certainly hope that the state will reverse course,” said Witek. “There is little doubt that New York will regret its actions someday if it is allowed to proceed.”