News from New York State Department of Environmental Conservation

For more information contact: Maureen Wren, 518-402-8000

DEC Changes 2008 Recreational Marine Fishing Regulations

New Season Dates, Size Limits and Catch Restrictions For Fluke and Porgy

ALBANY, NY (05/07/2008; 1656)(readMedia)-- The New York State Department of Environmental Conservation (DEC) today announced changes in recreational fishing regulations for summer flounder, also known as fluke, and scup, also known as porgy. The new emergency regulations are effective immediately and include new size limits and other management measures to help achieve harvest reductions that are required by federal authorities to protect New York's fisheries.

Please see the attached table for season dates, minimum sizes, and daily possession limits.

Reasons For The 2008 Fluke Changes:

New York State must comply with the interstate fishery management program for fluke, which calls for a significant reduction in the 2008 harvest of this popular flatfish. This is necessary to account for coast-wide over-harvesting of fluke in 2007 and to help achieve stock rebuilding targets set forth in the fluke fishery management plan (FMP). Seven of nine coastal states under the FMP exceeded established harvest quotas last year. According to data collected by the National Marine Fisheries Service (NMFS), New York anglers harvested 667,000 fluke in 2007 – exceeding the set limit of 430,000. As a result, NMFS pressed the states to adopt management measures in 2008 that are more conservative, as a means of ensuring that harvest limits are not exceeded.

DEC Commissioner Pete Grannis and other state officials have been strongly advocating for changes to the current system of quota allocation, data collection, and management planning in order to make the process more accurate in assessing the health and harvest of the coastal fluke population. To date, no changes have taken place, but New York has committed to continuing these efforts.

Commissioner Grannis said: “New York stands ready to do what is necessary to rebuild our coastal fluke stocks, but the process must be fair and equitable. We believe the appropriate measure at this time is to have one set of consistent rules for the entire coast that will provide for rebuilding of the fishery, address any confusion about different restrictions on border waters, improve compliance, and foster a more rapid rebuilding of fluke populations.”

After considering all possible options, and consulting with DEC’s Marine Resources Advisory Council, Commissioner Grannis approved regulations that will reduce New York’s harvest by 64 percent - a move that should keep New York within its harvest limit. DEC has already implemented harvest reductions for commercial fluke fishing, and when combined with the recreational emergency regulations announced today, will be satisfying the requirements of the FMP for New York. Failure to do so may have resulted in the federally-forced closure of our recreational and commercial fisheries for fluke.

Reasons For The 2008 Porgy Changes:

New York is also a participant in the interstate fishery management program for porgy and is required to set limits for 2008 that will reduce harvest. This is necessary to help achieve stock rebuilding targets set forth in the fishery management plan (FMP) for porgy. According to a trawl survey conducted by NMFS, a 53 percent harvest reduction is required of both the commercial and recreational fisheries. DEC has already implemented harvest reductions for commercial porgy fishing, and when combined with the recreational emergency regulations announced today, will be satisfying the requirements of the FMP for New York. Failure to do so may have resulted in a federally-forced closure of New York’s recreational and commercial fisheries for porgy.

Porgies are managed similar to fluke in that each state has been assigned a recreational harvest limit that it must not exceed. However, the states of New York, Connecticut, Rhode Island and Massachusetts have adopted a regional approach to managing the porgy fishery. The four states combine their limits and each state adopts regulations that are consistent with one another. This approach prevents the disparate state regulations that currently exist in the fluke fishery.

Different regulations are provided for passengers aboard licensed party and charter vessels in order to foster the “for-hire” fishing industry. Fish caught on these vessels account for about 12 percent of the porgy harvest.

Public Comments:

DEC is proposing to adopt the emergency rules as permanent. Public comments on the proposed rulemaking may be sent to DEC by July 7, 2008, for consideration. Comments should be submitted to fwmarine@gw.dec.state.ny.us or by mail to: Fishing Regulations, DEC Marine Resources, 205 North Belle Mead Rd., Suite 1, East Setauket, NY 11733-3400.

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Attachments

Table of Fluke and Porgy Season Regulations
fluke_and_porgy_table.pdf