Sea bass open May through September-Offshore season remains closed

[rossg]

NOAA approves sea bass increase
STAFF REPORT • FEBRUARY 12, 2010
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In what is becoming the never-ending saga of black sea bass quotas, the National Oceanic and Atmospheric Administration has decided to follow the recommendation of the Mid-Atlantic Fishery Management Council and increase the total allowable catch by nearly 61 percent. This increase will allow for a black sea bass season, originally scheduled to be open only during the months of June and September, to be open from May through September.



That's the good news.

The bad news is that the adjusted season is still much shorter than last year's and NOAA's decision does not affect the current closure for black sea bass in federal waters, which began in October. It also means that the traditional winter black sea bass fishery remains closed in federal waters, leaving party boat captains one less species to target.

Black sea bass have been at the center of a regulatory storm for some time, but it came to a head with the unprecedented closure in October.

In a news alert issued by the Recreational Fishing Alliance on the quota increase, the RFA reported that the initial closure came "in response to random survey data indicating that recreational fishermen may catch more than double their annual quota by the end of 2009. NOAA cited preliminary harvest information compiled through the Marine Recreational Fishing Statistical Survey (MRFSS) as indication that recreational anglers could exceed their 1.14-million-pound harvest limit by as much as 84 to 225 percent, thereby impacting their 2010 allowable harvest as well."

The alert went on to detail how the RFA responded to the unprecedented federal shutdown of the black sea bass fishery in a legal challenge filed in U.S. District Court on behalf the Northeast and Mid-Atlantic recreational community, seeking declaratory and injunctive relief with "expedited consideration" against the Secretary of the United States Department of Commerce, NMFS and NOAA.

According to Herb Moore, one the lead attorneys for the RFA and their fellow plaintiffs, the federal government has proven its inability to properly manage fisheries. "In light of this latest announcement from NMFS increasing our current sea bass quota, I think they're well within their legal jurisdiction to reopen this fishery," Moore said. "It's what we've said all along, there was no justification for shutting down this fishery in the first place."

The alert indicated the RFA's attorneys are still reviewing options for the federal legal challenge, citing substantial and irreparable harm brought forth by the emergency closure on a statistically rebuilt fishery.

"We have to make sure that NMFS never does this again," said RFA legal counsel Ray Bogan.

[Capt. Carl]

well, better news but it still isnt enough. 

[IrishAyes]

 

Make the NMFS responsible for any damage they have caused to the people/businesses in the industry and they will stop their arbitrary actions.

Begin by firing those responsible and having them pay a fine into a special fund dedicated to benefit the saltwater fishing community.

[Capt. Carl]

The bad news is that the adjusted season is still much shorter than last year's and NOAA's decision does not affect the current closure for black sea bass in federal waters, which began in October. It also means that the traditional winter black sea bass fishery remains closed in federal waters, leaving party boat captains one less species to target.

so, does this means the federal permits are still no good with this decision? or are the permit holders allowed to fish anywhere (state or federal waters) from may thru sept?

[IrishAyes]

It is my understanding...if you have a federal permit you have to abide by the most restricting regulations. 

[Capt. Birch]

I am sure Capt TB will post some great facts and insight when he see's this post. He explained to me that state and fed  waters is  a non issue now and that when the emergency closure ends the season will still be closed north of Hatteras until May 22. The season will be  coast wide(north of Hatteras) a not be different for any individual states.

[Capt. Carl]

thats what i was thinking....open federal and state for that time frame

[brian8980]

I just talked to a gentlemen that owns a boat in point, so someone explain this to me.  The season is from may to september.  The season is not open right now until April, closed for a month and then reopened correct.  AND ALL FEDERAL WATERS ARE CLOSED.  which is 3 miles and out .  just making sure before i get myself into some trouble.  Thanks.

Gimper

[IrishAyes]

To the best of my knowledge the sea bass season is open in NJ. You just won't find any sea bass in NJ waters right now because of the water temp.

The closure is in federal waters, which is 3+ miles from shore.

http://www.state.nj.us/dep/fgw/pdf/2010/maregsum10.pdf

[Capt. Birch]

According to info from capt TB all states already voted to accept the Federal limits and season May 22 to Sept 11.there will be no difference between state and fed limits as the season and bag limit are the same  so one cannot be open when one is closed

[CaptTB]

From the ASMFC winter meeting summary (I was at this meeting in VA)

The Board also approved an increase in the 2010 black sea bass quota, the new total allowable
landing (TAL) would be 3.7 million pounds contingent upon the National Marine Fisheries
Service (NMFS) increasing the quota. This increase is based on a recommendation from the
Mid-Atlantic Fishery Management Council’s Science and Statistical Committee. The Board also
recommended regulations for the 2010 recreational fishery if the TAL is increased by NMFS.
The recommended regulations would be adopted by the states if NMFS adopts them. The Board
recommended a 12.5” minimum size limit (not including the tendril), 25 possession limit, and a
season of May 22 – September 12.

Here is the actual motion made by the states:

Move to recommend to the National Marine Fisheries Service (NMFS) the 2010 black sea bass recreational measures be set at 12.5” minimum size limit, 25 possession limit, and a season of May 22 – Sept 12 contingent on NMFS increasing the TAL for black sea bass. If the recommendation is adopted by NMFS the states would adopt those same measures approved by NMFS for the 2010 fishery.
Motion by made Mr. Munden and seconded by Mr. Augustine. Motion carries.

[IrishAyes]

So is this in effect now or does it have to go to another body for final approval?

[brian8980]

So if i read this correctly, the open season for 2010 for sea bass is may 22 through september 12?  Thanks

Gimper