Issues of Law
"Legislation Issues That Affect This Industry"


Maryland Freedom to Fish Act Signed Into Law... more info

ASMFC Report 5/25 - Fluke Regulations 2004... more info

UNITED BOATMEN NEWSLETTER.... more info

Maryland Freedom to Fish Act... more info

Please support the Freedom to Fish legislation...more info

Small Lead Sinkers to Be Banned in New York.... more info

On Tuesday April 20, the NYS DEC released the 2004 regulations on
Summer Flounder (Fluke), Scup (Porgies), Bluefish and Striped Bass

Read more about the regulation changes here!

Meeting of the Saltwater Recreational Fishing License Discussion Group
March 12, 2004.... read more here

The next discussion group meeting will be held at 1:00 pm on
April 29, 2004 at the Sportfishing Education Center

Date: Mon, 12 Apr 2004 13:16:45 -0400
From: "Gus Rassam" grassam@fisheries.org
Subject: Sport groups meet with President Bush

From American Sportfishing Association

For Release:  April 12, 2004

FISHING GROUPS TAKE PART IN MEETING WITH THE PRESIDENT


American Sportfishing Association President and CEO Mike Nussman took
part in a gathering with President Bush at his Crawford ranch last week
along with the Bass Anglers Sportsman Society, Coastal Conservation
Association, and more than a dozen other sportsmen's organizations.

"The President discussed several different topics with us, ranging from
the upcoming Ocean Commission report and national forest initiatives to
striped bass and redfish recovery and wetlands conservation," said
Nussman.  "It was great to be alongside BASS and CCA and have a strong
fishing contingent taking part in this important dialogue."

The Crawford gathering follows up on a similar meeting ASA also took
part in at the White House in December 2003 to discuss the President's
conservation agenda and issues affecting anglers and hunters.  "This is
the first time fishing leaders have been invited to the home of a
President, showing we're making headway in raising the profile of the
sportfishing community and its role in recreation and conservation,"
said Nussman.

President Bush gave a tour of the ranch before a more formal dialogue
with the group, altogether dedicating nearly three hours of his time.
The President reportedly fit the gathering into his schedule between
watching National Security Advisor Condoleezza Rice's testimony before
the September 11 Commission and a discussion with Russian President
Vladimir Putin on the situation in Iraq.

Organizations attending included the Boone and Crockett Club, Congressional Sportsmen's Foundation, Ducks Unlimited, National Rifle Association of America, National Shooting Sports Foundation, National Wild Turkey Federation, Pheasants Forever, Quail Unlimited, Rocky Mountain Elk Foundation, Ruffed Grouse Society, Safari Club International, and Theodore Roosevelt Conservation Partnership.

April 7, 2004

Governor George E. Pataki
Executive Chamber
State Capitol
Albany, NY 12224

VIA FACSIMILE: (518) 474-1513

Re: Regulation of the Recreational Summer Flounder (Fluke) Fishery in New
York

Dear Governor Pataki:

New York is about to make a decision regarding the regulation of the
recreational summer flounder (fluke) fishery for the 2004 season that will
impact thousands of jobs from Montauk to New York City and the quality of
life for nearly a million saltwater anglers in the state. Governor Pataki,
you must intercede on behalf of the people of New York.

The problem: the Atlantic States Marine Fisheries Commission (ASMFC) has
directed New York to reduce its recreational summer flounder catch by 48%.
This would require New York to implement a very short season, a very large
minimum size limit, and a very small possession limit. The Division of
Fish, Wildlife and Marine Resources has already come up with a range of
options to comply with this 48% reduction but none of the options are
palatable. Economically, such regulations would have a devastating impact
on the party and charter boat businesses, bait and tackle retailers, bait
wholesalers, marinas, and other businesses in coastal communities who
depend on the publics ability to go out on the water to catch summer
flounder for some fresh seafood roughly from early May to early October
each year. Socially, such regulations would be a severe blow to the quality
of life of nearly one million New Yorkers who enjoy fishing for summer
flounder and already feel that the minimum size limits are too large and
the bag limits are too small.

        The solution: New York must go out of compliance with the ASMFCs
order
and present a responsible, conservation oriented alternative to those
presented by the Division of Fish, Wildlife and Marine Resources: no
seasonal restriction, a minimum size limit of 17 inches, and a 7 fish bag
limit. New York is completely justified in going out of compliance with the
ASMFCs order based primarily on the following two reasons:

        First, the ASMFCs order to New York to cut back 48% is based on
inaccurate and unreliable data produced by the Marine Recreational
Fisheries Statistics Survey (MRFSS). MRFSS data for 2003 says that there
was a significant increase in New York summer flounder landings compared to
2002 and 2001. However, by all other accounts this was impossible.

As you may recall, New York experienced particularly wet, windy and cool
weather last May, June and July. National Weather Service data, party and
charter boat Vessel Trip Report (VTR) data, bait and tackle sales data,
marina service data, marine fuel sales data, and state boat registration
data all indicate that effort, participation and landings in the
recreational summer flounder fishery were down in 2003. Therefore, New York
should not comply with the ASMFCs order to cut back 48%. 

Second, summer flounder are very abundant. The latest survey information
released by the National Marine Fisheries Service, the federal agency
responsible for determining the size of the stock, indicates that the
summer flounder stock has reached the highest levels ever recorded since
the survey began in 1968! New York keeping the same regulations as last
year will not make or break the summer flounder stock. It will however,
make or break businesses from Montauk to New York City and the publics
ability to enjoy the summer flounder fishery.

We suspect that your staff is going to be asked to approve regulations for
the 2004 recreational summer flounder fishery this week. We respectfully
urge you, on behalf of the people of New York, not to comply with the
ASMFCs order but rather to remain status quo.
                                              
Sincerely,
John Mantione
Posted 2/26/04

NYFTTA Position & Policy

The following position will be submitted to the NYS DEC for consideration.

This unratified NYFTTA position is for the 2004 regulations for Scup and Summer Flounder.

1) Summer Flounder:
required 48.5% reduction

18" 3 Fish Season (estimate) 5/8-9/20/04

2) Scup
Required 57% reduction

11 1/4" - 25 fish - 5/28 - 10/17 Season (estimate)10/18 -10/31 Open
11/1-11/30/04

or

11" 20 Fish Season (estimate) 6/18 -10/17/04 Closed 10/18-10/31/04 Open
11/1-11/30/04

Public comments for Draft Addendum XI to the Summer Flounder,
Scup and Black Sea Bass Fishery Management Plan...
more info

ASMFC Scuttles Recreational Payback Plan
... more info (posted 12/22/03)

NYFTTA Position and Policy Statement - 12/03/03
Mid - Atlantic Fishery Management Council... more

MRFSS Letter Posted 11/20/03

For Immediate Release: September 15, 2003
click here... Blanket Closures To Recreational Fishing Proposed in Amendment 13


.

For immediate release: August 26, 2003
Contact: Herb Moore, Jr. RFA Director of Government Affairs 1-888-564-6732

Recreational Paybacks Tabled Until December

(Arlington, VA) - The Summer Flounder, Scup and Black Sea Bass Management
Board of the Atlantic States Marine Fisheries Commission (ASMFC) met
yesterday to consider approval of a "recreational payback" plan for the
summer flounder fishery which could lead to drastically shorter seasons,
higher minimum size limits and smaller bag limits for recreational
fishermen. After considerable discussion and a vote by the Board, action on
the payback plan was tabled until December.

"The Recreational Fishing Alliance is strongly opposed to recreational
paybacks," said Herb Moore, Jr., attorney and Director of Government
Affairs for the RFA. "There has been widespread public opposition to
recreational paybacks since the Board started moving forward with this plan
in February. I feel like we survived to fight another day."

"Over the last nine months, the RFA has worked closely with United Boatmen
and a broad coalition of supporters to articulate all the reasons why
recreational paybacks should stay out of summer flounder management," said
Jim Donofrio, RFA Executive Director. "We would have liked to see the Board
take recreational paybacks off the table yesterday but we'll just have to
keep pushing."

The recreational summer flounder (fluke) fishery generates major economic
and social benefits for the Nation. Of all the species of finfish found on
the Mid-Atlantic Coast, none is more valuable to the recreational fishing
sector than the summer flounder. This sector includes individual anglers,
party and charter boat businesses, boat builders, boat dealers, fishing
tackle manufacturers, bait and tackle retailers, marinas, and many other
businesses in fishing communities.

"The RFA is opposed to recreational paybacks for four main reasons,"
explained Mr. Moore. "First, there is an inequitable allocation of the
Total Allowable Landings of summer flounder between the commercial and
recreational sectors. We have filed a petition for rulemaking to address
this. Second, it is well documented that the recreational landings data
available is inappropriate for recreational paybacks. Third, recreational
fishermen have already been paying for quota "overages" through more and
more stringent regulations aimed at restricting landings. And fourth,
considering the high number of fluke that are released by recreational
fishermen and discarded by commercial fishermen, there is a strong
likelihood that stock assessments have been inadequate."   

Tony Bogan of United Boatmen brought an important document to the Board's
attention indicating the position of the National Marine Fisheries Service
(NMFS) on recreational paybacks.

The document, prepared by the Mid-Atlantic Fisheries Management Council and
NMFS states in part, "In the recreational fisheries, overages in one year
may result in lower bag limits, larger minimum size limits, and/or shorter
seasons than would otherwise have been allowed, had the overages not
occurred. Increased harvests in one year are thus "paid back" by decreased
harvest opportunities the next year."

The document, a Regulatory Impact Review, further states, "The Council and
NMFS recognize that overages in any of the fisheries of 2003 could have
additional negative impacts on the rate of rebuilding. Given the history of
the summer flounder fishery, the mitigating influence of annual overage
adjustments, and the fact that the stock has shown continued improvement
during the rebuilding period, despite the overages that have occurred, the
cumulative impacts of overages are not considered to be significant.
Likewise, the impacts of any overages that might occur in 2003 as a result
of these fishery specifications are also not considered to be significant."

"While it is unfortunate that the Board could not come to a decision of
status quo on the remaining options of Addendum VIII in light of all the
issues we have raised, we were encouraged by vocal support for status quo
from some commissioners," said Tony Bogan. "We'll continue to stay on top
of this issue and we'll make sure we are there once again in December."

The Recreational Fishing Alliance is a national, grassroots political
action organization representing sport fishermen and the sport fishing
industry. The RFA Mission is to safeguard the rights of saltwater anglers,
protect marine, boat and tackle industry jobs, and ensure the long-term
sustainability of U.S. saltwater fisheries. For more information, call
1-888-JOIN-RFA.

United Boatmen is an organization which represents the largest charter and
party boat businesses in New York and New Jersey, as well as tackle
dealers, bait distributors, marinas and other associated members. For more
information, call (732) 245-5392.

Herb Moore, Jr.
Director of Government Affairs
Recreational Fishing Alliance
1-888-JOIN-RFA

New England Fishery Management Council - Public Hearings

It is official, the public hearing dates are posted below. Please attend these urgent hearings and have your customers attend, write, fax etc. Please pass this on to as many people as possible and plan on attending and speaking at the hearings.  This is our only chance to have reasonable bag limits.

Please remember what happened when we were not represented at the mediation talks.

The New England Fishery Management Council is conducting public hearings to solicit comment on Draft Amendment 13 and a Draft Supplemental Environmental Impact Statement (DSEIS) to the Northeast Multispecies Fishery Management
Plan.

The draft amendment and DSEIS, as well as a public hearing document are available on the Council's website www.nefmc.org , or may be obtained by contacting the Council office.

Tom’s River, New Jersey : Tuesday, September 9, 2003 - 5:00 pm

Riverhead, New York: Wednesday, September 10, 2003 - 5:00 pm

South Kingstown, RI: Thursday, September 11, 2003 - 4:00 pm

Hyannis, MA: Monday, September 15, 2003 - 2:00 pm
(Recreational Issues at 7:00 pm)

Gloucester, MA: Monday, September 22, 2003 - 4:00 pm

Portsmouth, New Hampshire: Tuesday, September 23, 2003 - 2:00 pm
(Recreational Issues at 7:00 pm)

Ellsworth, Maine: Wednesday, September 24, 2003 - 5:00 pm

Portland, Maine: Thursday, September 25, 2003 - 4:00 pm

Fairhaven, MA: Tuesday, September 30, 2003 - 4:00 pm



.

Fishermen get flounder review

By LOLITA C. BALDOR
Associated Press Writer

WASHINGTON (AP) - The National Marine Fisheries Service has agreed to
review the catch limits for summer flounder, in response to a request from
recreational fishermen who would like a bigger share of the take.

NMFS Director Bill Hogarth has asked the Mid-Atlantic Fishery Management
Council to review the current allocations, which give commercial fishermen
a 60 percent share of the catch, while recreational fishermen get 40
percent.

The Recreational Fishing Alliance, United Boatmen and several other groups
petitioned the federal government, asking that the catch be divided
equally. The petition was sent directly to Commerce Secretary Don Evans,
who has authority over the National Oceanic and Atmospheric Administration,
which oversees fisheries issues.

"We are not asking for anything outrageous," said Raymond D. Bogan, counsel
for United Boatmen. "We are asking for the fairness that the law requires.
A 50-50 split is more equitable."

Recreational fishermen and charter boat owners argued that the change would
give them a fairer share, and make it easier to attract customers. But
commercial fishermen, who rely on the tasty summer flounder to help make a
living, say the change would reduce the amount of catch they could bring to
market.

The Mid-Atlantic council set the summer flounder limits based on data
collected from 1980-89. And according to council deputy director
Christopher Moore, the group hasn't expressed interest in changing the
allocation. Another alternative, he said, would be to increase the overall
limits on the amount of summer flounder that can be taken. Under limits set
by the regional council, recreational fishermen can take 9.28 million
pounds of summer flounder this year, while commercial fishermen can harvest
nearly 14 million pounds.

Hogarth's request means that the council would now review the matter, but
there was no deadline set for a final decision.

Herb Moore, Jr.
Director of Government Affairs
Recreational Fishing Alliance
1-888-JOIN-RFA



.

Press Release

For immediate release: Friday, August 8, 2003
Contact: Herb Moore, Jr., RFA Director of Government Affairs
1-888-564-6732

NMFS Accepts Summer Flounder Petition for Rulemaking

Silver Spring, MD- The National Marine Fisheries Service (NMFS) has
accepted the petition for rulemaking filed by a broad coalition of
recreational fishing and business trade groups seeking a more equitable
allocation of the summer flounder quota.

"I am referring your request to the Mid-Atlantic Fishery Management
Council," wrote Dr. Bill Hogarth, Director of NMFS, in a letter to the
Recreational Fishing Alliance and United Boatmen. "The discussion of the
appropriate allocation of summer flounder in the future should occur at the
Council and the Atlantic States Marine Fisheries Commission. By copy of
this letter we are requesting that they undertake a review of the
allocation of summer flounder."

Currently, 60% of the summer flounder quota is allocated to approximately
1,400 commercial permit holders while 40% is allocated to between 3 and 4
million recreational fishermen. The current 60/40 allocation has
disadvantaged and harmed the recreational fishing sector by contributing to
smaller possession limits, larger minimum size requirements, shorter
seasons, delayed season openings and early season closures.

The coalition petitioned NMFS, the Mid-Atlantic Fishery Management Council
and the Atlantic States Marine Fisheries Commission under the
Administrative Procedure Act to allocate 50% of the Total Allowable
Landings (TAL) of summer flounder to the recreational fishing sector.

"This is definitely a step in the right direction," said Jim Donofrio, RFA
Executive Director. "The current 60/40 allocation needs to be looked at in
light of the issues we raised in our petition for rulemaking-especially the
National Standards under Magnuson and how 1980-89 is not a representative
period to come up with the allocation."

Fishery managers chose to use data from the 10-year period between 1980 and
1989 to come up with the 60/40 split. This was a 10-year period when
commercial landings were at or near their all-time high, while recreational
landings reached their historical low.

"We are not asking for anything outrageous," said Raymond D. Bogan, counsel
for United Boatmen. "We are asking for the fairness that the law requires."

"A 50/50 allocation is more equitable and better reflects historical
recreational participation in the summer flounder fishery," added Mr.
Bogan.

Of all the species of finfish found on the Mid-Atlantic Coast, none is more
valuable to the recreational fishing sector than the summer flounder, also
known as "fluke". This sector includes individual anglers, party and
charter boat businesses, boat builders, fishing tackle manufacturers, bait
and tackle retailers, marinas, and many other businesses in fishing
communities.

"The present allocation of the fishery reflects a time when the summer
flounder population was declining and fish were not widely available to
anglers, thus inflating the commercial share of the catch relative to the
recreational share," said Fred Miller, CCA National Government Relations
Committee Chairman. "The resulting, artificially low recreational
allocation needs to be adjusted now that proper conservation methods have
restored summer flounder."

Fourteen organizations have signed onto the detailed petition. In addition
to the RFA and United Boatmen, the coalition includes the Coastal
Conservation Association (CCA), the American Sportfishing Association
(ASA), National Marine Manufacturers Association (NMMA), New York Fishing
Tackle Trade Association, Maryland Saltwater Sportfishermen's Association,
Montauk Boatmen and Party Boat Association, Rhode Island Marine Trades
Association, Wachapreague Charter Boat Association, Rhode Island Saltwater
Anglers Association, Delaware Captain's Association, New Jersey Marine
Trades Association, and the Indian River Charter Captains Association.

"Allocating 50% of the Total Allowable Landings of summer flounder to the
recreational fishing sector would inspire public confidence in the summer
flounder management system which many have dismissed as unfair, inequitable
and biased," said Tony Bogan of United Boatmen.

The Recreational Fishing Alliance is a national, grassroots political
action organization representing sport fishermen and the sport fishing
industry. The RFA Mission is to safeguard the rights of saltwater anglers,
protect marine, boat and tackle industry jobs, and ensure the long-term
sustainability of U.S. saltwater fisheries. For more information, call
1-888-JOIN-RFA.

Herb Moore, Jr.
Director of Government Affairs
Recreational Fishing Alliance
1-888-JOIN-RFA


Update 8/5/03

Fisheries:
At the August joint meeting of the Mid Atlantic Council and the ASMFC the following was decided:
Fluke, increase TAL to (21%)28 million
Sea Bass, 18% increase
Porgy's, Status quo allocation.  16 million lbs

We will now wait to see if New York over harvested any of these fisheries.
If not there will be a strong push to reduce the size limit in New York (on fluke) to 16 or 161/2" for the 2004 season.
NYFTTA's only consistent position has been:
1) the minimum bag limit is 5
2) The minimum season aprox 5/1-10/15

However, one of the proposals are, 5 fish total at 17 or 171/2" however 2 can be 16"

Sea Bass: if we don't over harvest, the two week closed season in September should be eliminated.

Porgy's: If we (New York) doesn't over harvest, we should have the same season, size and bag for next year.

Your comments are welcome.  We still have till the December meeting to form a position and receive the final numbers.

On August 15-17 is the second "Casting For Recovery" weekend, sponsored and
administered by NYFTTA.  Jack Ferrera will be in attendance to represent NYFTTA.  Any director interested in the Friday evening event or the Sunday at conetquot park, please let me know or call Jack at the Education Center (631) 587-2873.

On Tuesday, September 9, there is a "Sportsman for Suffolk County Legislator Ginny Fields" fundraiser.
NYFTTA, committed $500.00 towards this event:  Please keep this date open.
If your able to attend, please let me know.  (Proposal copy to follow)

Proposal:
A) 4.11.03 ) Allocate 500.00 from PAC for Suffolk County Legislator Ginny
Fields Fundraiser (date TBA), entitled "Sportsman for Ginny Fields".
NYFTTA to Send 10 representatives.  Info. TBA at the June meeting.

At the request of Chuck Adams, we are creating relationships with Nassau County legislators.

Shortly, we will be attending and supporting several Nassau County legislators

John

 

To all NYFTTA Directors, Members and Supporters

The DEC has requested our participation with the following research project. This is all voluntary.  Any shop interested in participating as a drop off station, Please inform your customers, club members and associates about this project.   The racks can be frozen.

Thank You,
John

Any additional questions, please call Vic Vecchio at (631) 444-0476

Erin M. Crotty
Commissioner
New York State Department of Environmental Conservation
Division of Fish, Wildlife & Marine Resources
Bureau of Marine Resources
205 North Belle Mead Road, Suite 1, East Setauket, New York 11733
Phone: (631) 444-0430  FAX: (631) 444-0434
Website: www.dec.state.ny.us

Donate your bones to science !
Striped bass bones, that is. The New York State Department of Environmental Conservation (DEC) is seeking donations of striped bass carcasses for scientific studies of age and growth. If you, or someone you know, has caught and kept a striped bass measuring forty inches or greater in total length, please consider donating the rack for research.
Our biologists would like the following information from each fish;
1. Total Length --- (tip of snout to longest lobe of tail, mouth closed,
fish laid flat on measuring device);
2. Weight --------- (whole weight by scale, no guesstimates);
3. Scale Sample -- (10-15 scales from area between dorsal fins);
4. Rack - ---------- (head and tail intact);
Also, the capture date, location, angler, and contact information.
We do not wish to encourage unnecessary harvest of fish so, if you are a practitioner of catch-and-release fishing, fine ! We are only interested in those big fish being brought back to the dock. Even if your fish is headed for a taxidermist to mount, were still interested and can work with the taxidermist to obtain the samples needed
without damaging your trophy.

For further information, contact Vic Vecchio at (631) 444-0476.
Please don't throw valuable information into the dumpster, consider donating your striper bones to science ! Thanks !

John Mantione

Press Release

UNITED BOATMEN
OF NEW JERSEY AND NEW YORK

Dear Members,

Quite a lot has happened in the past couple months, so Ill just get right to it.

First and foremost, the combined efforts of United Boatmen and RFA along
with the excellent showing in Virginia at the June ASMFC meeting helped
stop Addendum VIII for the moment. The ASMFCs own press release credits
the public comment both at the public hearings and the meeting in June as
making the Commission step back and take another look at the concept of
paybacks. While this certainly does not mean we have won in the case of
paybacks, we did fight the Commission to another stalemate, and the
importance of attending and being heard at these meetings was only
reinforced by the June meeting. Were it not for the efforts of all involved
there is not doubt in my mind or anyone elses who has attended that
Addendum VIII would already be in effect. As soon as we know if the August
meeting is when the next battle will be everyone will be notified.

Some excellent news on the Petition For Rulemaking front: Both CCA and ASA
have now joined on as co-petitioners to the 50/50 allocation petition filed
by United Boatmen and RFA. Also, the list of petitioners has grown to a
total of 15 organizations. They are:
United Boatmen, RFA, CCA, ASA, The National Marine Manufacturers
Association,  New York Fishing Tackle Trade Association (NYFTTA), Maryland Saltwater Sportfishermen's Association (MSSA), Montauk Boatmen and Captains'
Association, Connecticut Charter and Party Boat Association, Rhode Island
Marine Trades Association, Wachapreague Charter Boat Association, Rhode
Island Saltwater Anglers Association, Delaware Captain's Association, New
Jersey Marine Trades Association, and the Indian River Charter Captains
Association.
We hope to know the status of the petition in the near future.

Other good news includes the increase in Bluefin Tuna limits for party
boats. Through the efforts of United Boatmen, along with significant help
from RFA, we now have a 35 fish per boat limit for Bluefin Tuna. Even the
private boats got an increase from 4 to 6 fish per boat per day, allowing
everyone to partake of a fishery we have been removed from for some years
now.

United Boatmen has proposed a filet permit exemption for tunas. We have
compiled a list of boats from 5 states to participate. If granted, the
selected boats will be permitted to filet tuna at sea. The RFA joined us on
this petition and Dick Stone, formerly of NMFS, was instrumental in
formulating the application along with Ray Bogan. We expect to hear from
NMFS on this within the next two weeks and we will quickly spread the word.
Our goal is to eventually have all vessels with filet permits allowed to
filet tuna at sea, and this is the first step in trying to achieve that
goal.

United Boatmen has submitted public comments voicing our concerns as
relates to the proposed Coast Guard regulations for security, as well as
the self-administered breathalyzers.

On the state by state front, NY has now moved control of Bluefish and
Weakfish regulations out of the hands of the Legislature over to NY DEC. NY
has been stuck at 10 bluefish per man as well as 6 weakfish at 16", even
though the law allows 15 bluefish and 10 weakfish at as low as 15". While
no guarantee, it will now be easier for the New York boats to try and get
these two things changed. Were it not for the efforts of Bob Wiegand and
Dennis Kanyuk of United Boatmen, along with NYFTTA, this would not have
happened.

New Jersey United Boatmen continue to build the relationship with our state
directors, and we are working with the state on the Striped Bass slot limit
issue. I do expect a response from the ASMFC at their August meeting to the
points I brought up in June. At that time we will know what direction we
need to take. Both Bruce Freeman and Tom Fote have been working towards the
same goal as United Boatmen on this issue.

Lastly, I have been appointed to the Mid-Atlantic Fisheries Management
Council, taking over Gary Caputis seat. Gary had reached his term limit,
and was required to step down. Without the help of my cousin Ray, Jim
Donofrio and Herb Moore of the RFA, as well as Tom Fote, this would not
have happened. My seat on the MAFMC, along with the appointment of Gene
Kray from RFA to the Pennsylvania seat, are certainly steps in the right
direction.

In the past year we have not only come together as a group, but have built
some of the most impressive coalitions anyone has ever seen. The above list
of items shows some of the progress we have made. The help that RFA has
given has been invaluable, and I want to thank John Mantione of NYFTTA as
well. His support and willingness to allow me to represent or speak for
NYFTTA in certain circumstances has shown a real trust, a trust I greatly
appreciate. These two groups, along with many others, have allowed us to
make great strides in a very short amount of time. The work and
accomplishments in the past were often the result of a select few people
carrying the weight of many and doing much of the work on their own. With
the increased membership in United Boatmen, combined with the efforts and
time of a great many people, we have shown what can be accomplished if we
all work together and support each other in our efforts.

This is only the start, but it has been an excellent one at that.

Below is my contact information if anyone has any questions.
Tony Bogan  Work: 732-528-8673  Cell: 732-245-5392  E-mail: capttb@aol.com

Sincerely,
Tony Bogan


Press Release

For immediate release: June 12, 2003
Contact: Herb Moore Jr., Director of Government Affairs  (609) 294-3315

Assembly Environmental Control Committee
Votes For NY Freedom to Fish Act

(Albany)  On Tuesday, June 10 the New York Assembly Environmental Control
Committee voted 21-7 in favor of moving the NY Freedom to Fish Act (A7299).
The bill, sponsored by Assemblyman Bob Sweeney and four of his colleagues,
establishes important standards that must be met before any of the states
marine waters can be closed to recreational fishing.

Meanwhile, Senator Owen Johnson (R-4th) has introduced a companion bill in
the New York Senate (S5381).

"We face opposition from some anti-fishing environmental groups," said Jack
Ferrera, Chairman of RFA-NY and Executive Director, New York Fishing Tackle
Trade Association (NYFTTA).  "But a super-majority of the committee
recognized the need for reasonable, scientifically based standards that
must be met before any of our states marine waters can be closed off as no
fishing areas."

Assem. Sweeney introduced the NY Freedom to Fish Act at the request of the
Recreational Fishing Alliance (RFA) and the New York fishing Tackle Trade
association (NYFTTA) in response to the growing movement in
coastal states to create no fishing marine protected areas (MPAs).
Currently, recreational and commercial fishermen in California are facing
the permanent closure of some of their states best fishing grounds around
the Channel Islands despite robust fish stocks in those areas. Such
closures will have a devastating impact on the recreational fishing
industry and coastal communities. The closures have also spawned lawsuits
from recreational and commercial fishermen against the CA. Department of
Fish and Game. Anti-fishing groups pushing for no fishing MPAs have
declared that California is just the start.

"The marine environment can be adequately protected without unnecessarily
closing off areas to recreational fishermen," said Mr. Ferrera.
"Recreational fishermen were among the first conservationists and we have
demonstrated a commitment to conservation through abidance with minimum
size requirements, bag limits, and seasonal closures."

The NY Freedom to Fish Act prohibits closures to recreational fishing
unless there is a clear indication that this type of fishing is causing a
specific conservation problem and that less severe conservation measures
will not be adequate. This bill would also require periodic review of any
closures, a scientific basis for the size of any closure, and provisions to
reopen areas to recreational fishing whenever the basis for the closure no
longer exists.

"Were not out to ban MPAs," said Jim Donofrio, RFA Executive Director. "We
want to establish standards in NY before any closures can be made." 

"Recreational fishing is one of the most popular outdoor activities in this
state and it adds a lot to the quality of life in NY," added Mr. Donofrio.
"Over one million anglers fish in our waters each year making a major
contribution to the state and local economies."

"The opposition failed to recognize that this bill isn't about banning
MPAs- it's about having standards in place if they are going to be used,"
said Mr. Ferrera. "They want state agencies to have the power to create no
fishing zones without having any guidance from the legislature. California
has shown what a disaster that can be."

With Tuesdays committee vote and the introduction of the bill by Sen.
Johnson, NY begins to catch-up with other coastal states where similar
bills are further along in the legislative process.  "We must have
standards before our waters can be closed off to the public, yet opponents
in New York continue to obstruct a bill that protects our marine fisheries
and the rights of anglers." said Michael Doebley, RFA Deputy Director of
Government Affairs. "We encourage all NY fishermen to contact their state
Senators and their Assemblymen to voice their support for the NY Freedom to
Fish Act. The bill is numbered A7299 in the Assembly and S5381 in the
Senate." 

The Recreational Fishing Alliance and the New York Fishing Tackle Trade
Association are  political action organizations representing sport
fishermen and the sport fishing
industry. The RFA and NYFTTA Mission is to safeguard the rights of
saltwater anglers,
protect marine, boat and tackle industry jobs, and ensure the long-term
sustainability of U.S. saltwater fisheries. For more information, call
1-888-JOIN-RFA or NYFTTA at (631) 587-2873

PRESS RELEASE
Recreational Fishing Alliance
PO Box 3080 New Gretna, NJ 08224
P:  1-888-564-6732   F: 609-294-3816

NYFTTA
PO Box 3210
Patchogue, NY  11772
phone (631) 587-2873, fax (631) 587-2932


NYFTTA Position and Policy
Regarding Addendum VIII to the Summer Flounder,
Scup and Black Sea Bass FMP
...
read more here!

.

 

Petitioners Seek to Amend the Current Allocation of the
Total Allowable Landings of Summer Flounder
... read more here!

.
Press Release

To All NYFTTA Directors, Members and Supporters:

NYFTTA legislative review committee has uncovered the following Assembly bill allowing the Department of Environmental Conservation the ability to establish "MARINE PROTECTED AREA'S".
* Read Bill #A04124

This bill, if it becomes law, will restrict Boating, Fishing and Diving
activities on
New York State's marine waterways.

It's up to all of us to make certain that this bill is defeated and never becomes law!

John Mantione
, NYFTTA President

 


  For Immediate Release: March 24, 2003
Contact: Herb Moore Jr., Director of Government Affairs
1-888-564-6732

Recreational Fishing Coalition Challenges Summer Flounder Quota

A broad coalition of recreational fishing and business trade groups have
filed a petition for rulemaking with the National Marine Fisheries Service
(NMFS) seeking a more equitable allocation of the summer flounder quota.
Currently, 60% of the summer flounder quota is allocated to approximately
1,400 commercial permit holders while 40% is allocated to between 3 and 4
million recreational fishermen.

The coalition, headed by the Recreational Fishing Alliance (RFA) and United
Boatmen, includes the National Marine Manufacturers Association, the New
York Fishing Tackle Trade Association, Maryland Saltwater Sportfishermens
Association, the Montauk Boatmen and Captains Association, Connecticut
Charter and Party Boat Association and the Rhode Island Marine Trades
Association in seeking more equity in this fishery. Additional groups are
presently joining the coalition.

Fishery managers chose to use data from the 10-year period between 1980 and 1989 to come up with the 60/40 split. This was a 10-year period when
commercial landings were at or near their all-time high, while recreational
landings reached their historical low.
The petition, filed under the Administrative Procedure Act, outlines why
the current allocation ratio is arbitrary, capricious, unreasonable, and
contrary to the National Standards for Fishery Conservation and Management as contained in the Magnuson-Stevens Act.

"In developing the fishery management plan for summer flounder, fishery
managers went out of their way to arbitrarily and capriciously discount
data showing the historical recreational participation in this fishery,"
said Raymond D. Bogan, counsel for United Boatmen. "We are trying to
address a contentious issue through the proper administrative channels."

Of all the species of finfish found on the Mid-Atlantic Coast, none is more
valuable to the recreational fishing sector than the summer flounder, also
known as "fluke". This sector includes individual anglers, party and charter boat businesses, boat builders, fishing tackle manufacturers, bait and tackle retailers, marinas, and many other businesses in fishing communities.

"The recreational summer flounder fishery generates major economic and
social benefits for the Nation," said John Mantione, President of the New
York Fishing Tackle Trade Association. "Summer flounder anglers pay fares
on party and charter boats, they purchase powerboats with expensive
electronics, they buy rods and reels, they dock their boats and fuel up at
marinas, they buy provisions, stay at hotels, patronize restaurants in fishing communities, and more."

"The social benefits accrued by individuals and families who spend time
together fishing for summer flounder is beyond valuation," said Capt. Brock
Dalton, who runs a party fishing boat out of Belmar, NJ which has targeted
fluke for four decades.         .

"The current 60/40 allocation has disadvantaged and harmed the recreational
fishing sector, and will continue to do so in the future do to smaller
possession limits, larger minimum size requirements, shorter seasons,
delayed season openings and early season closures," said  Rich Novotny,
Executive Director of the Maryland Saltwater Sportfishermens Association.             .
"Point Judith, RI; Captree, Freeport and Montauk, NY; Atlantic Highlands,
Brielle, and Cape May, NJ; Lewes, DE; Ocean City, MD; and Virginia Beach, VA are examples of significant fishing communities with large recreational components," said Capt. Tony Bogan, an officer of United Boatmen. "The current allocation does not take into account the importance of the summer flounder resource to fishing communities such as these."

"Anyone can see that allocating 60% of the catch to 1400 commercial
fishermen and 40% to between 3 and 4 million recreational fishermen is
unfair," said Jim Donofrio, Executive Director of the RFA.  "We need equity. At the very least, the recreational fishing sector should be allocated half of the Total Allowable Landings in this fishery."

"We have ten National Standards that fishery management plans have to meet under the law," said Herb Moore, Jr., counsel and Director of Government Affairs for the RFA. "The 60/40 allocation of the summer flounder Total Allowable Landings violates five of them."

The current 60/40 allocation violates National Standard 1 because it fails
to provide the greatest overall benefit to the Nation. It violates National
Standard 4 because it is unfair and inequitable to the recreational fishing
sector, is not reasonably calculated to promote conservation, and grants
the commercial summer flounder fishing sector an excessive share of fishing
privileges.

The 60/40 allocation violates National Standard 5 because it is an inefficient use of the summer flounder resource. It violates National Standard 8 because it does not adequately take into account the importance of the summer flounder resource to fishing communities with large recreational components. It violates National Standard 9 because it has been the source of ever increasing minimum size limits for recreational fishermen which have resulted in significant regulatory discards.

As NMFS documents acknowledge, this fishery was predominantly recreational until the late 1970s through the 1980s when there was an expanded number of commercial trawlers targeting large, mature summer flounder on their deep-water offshore spawning grounds well out of reach of any recreational fishermen. Trawling on the offshore spawning grounds allowed relatively stable commercial landings throughout the 1980s but led to the decline in recreational landings.

"Allocating 50% of the Total Allowable Landings of summer flounder to the
recreational fishing sector would inspire public confidence in the summer
flounder management system which many have dismissed as unfair, inequitable and biased," said Tony Bogan of United Boatmen.

The Recreational Fishing Alliance is a national, grassroots political action organization representing sport fishermen and the sport fishing industry. The RFA Mission is to safeguard the rights of saltwater anglers, protect marine, boat and tackle industry jobs, and ensure the long-term sustainability of U.S. saltwater fisheries. For more information, call 1-888-JOIN-RFA.

FOR IMMEDIATE RELEASE, FEBRUARY 26, 2003
Board Approves Draft Addendum VIII to the Summer Flounder FMP for Public Comment States to Hold Hearings in Early Spring ... more info


8/22/02 Press Release

The Governor signed into law the authorization to create a Marine Preservation, Education and Research Fund and the establishment of a Marine and Coastal District distinctive license plate.

Sponsors:
Senator Owen Johnson
Assemblyman Bob Sweeney

New Marine License Plate To Help
Raise Funds To Protect Our Coastal Environment


Assemblyman Bob Sweeney announced that legislation he authored to
create a Marine and Coastal District distinctive license plate has been signed into law.   The new law will also establish a Marine Preservation, Education and Research Fund.

The law will launch a method for those concerned about preserving the
marine environment to contribute to a fund by purchasing the special distinctive license plate. 

Sweeney said, "the funds raised will be used to educate the public, fund
important marine research, and to help preserve the marine and coastal
environment."

"Saltwater recreational activities are vitally important to our regions economy.   It has been estimated that the expenditures by recreational
anglers for boats, bait, fuel, charter boat fares, and tackle result in more than 1 billion dollars in economic activity in the marine and coastal district of New York"   Sweeney stated.

John Mantione, President of the New York Fishing Tackle Trade Association, said "This is a simple and easy way for all Long Islanders to help preserve and protect our precious marine resources and heritage."

"Long Islands marine and coastal district provides millions of New Yorkers important and irreplaceable recreational opportunities that many Long Islanders would wish to celebrate with a special license plate, while also helping to preserve and protect our environment" Sweeney concluded.

The legislation was sponsored in the Senate by Senator Owen Johnson.

IMPORTANT
After 7 Hearings, House Resources Committee Reauthorizes
Comprehensive Fisheries Act, 23-17

COOPERATIVE SURVEY PROGRAM IS HALTED BY NMFS
National Marine Fisheries Service Says
"No Thanks" to Making 'Best Available Science' Better


~ The Lead Bill ~
Banning of lead sinkers ...  read the Lead Bill here.
NYFTTA strongly urges it's members to write Governor Pataki

Write: Governor George E. Pataki
State Capitol
Albany, NY 12224

Click here to email Governor George E. Pataki

Assembly Sponsor: Steven Englebright , East Setauket  (631) 751-3094
Senate Sponsor: Carl Marcellino, Oyster Bay  (516) 922-1811

 

April 26,  2002

The Honorable George E. Pataki
Executive Chambers, State Capitol
Albany, NY  12224


Dear Governor Pataki:

I am writing to you today on behalf of the New York Fishing Tackle Trade
Association (NYFTTA), a trade organization representing over 300 businesses
and associate organizations in New York State.  NYFTTA's main objective is
to promote recreational fishing, especially to our youth.  NYFTTA is the watchdog of the recreational fishing industry, as every NYFTTA member depends on our natural resources to earn a living.  NYFTTA is also structured to work on projects and legislation that will enhance the recreational fishing industry.

Recently the Legislature passed Bill S4786/A08683, referred to as The Lead
Fishing Sinker Ban.

The recreational fishing industry (NYTTFA), is in favor of eliminating lead from the industry over time and we firmly believe that will eventually occur.  However, this bill (A08683/S4786) will clearly not accomplish the goals or justification mentioned in this legislation; it only penalizes New York retailers.  Therefore we urge you to VETO this bill.

"The death of loons and other waterfowl due to the ingestion of lead shot and small lead fishing sinkers has been well documented. In a recent study conducted by the Environmental Protection Agency and Tufts University," about half of all adult loon deaths are caused by lead poisoning primarily from lead shot formerly used in shot gun shells.  Lead shot has been phased out and this major source of toxic lead poisoning has been eliminated. We understand that, some, if not all of the necropsy reports on loons, were from the period before lead pellet shot gun ammo was banned from hunting waterfowl.

NOTE: The use of lead shot pellet shells are banned for hunting for waterfowl not RETAIL SALES.

The reports also noted that some deaths were attributed to the ingestion of lures with hooks.  This may be an indication that any device with hooks will do damage to waterfowl.  However, the report was not clear in identifying the number of waterfowl that died from lures with hooks.

"We believe parts of this legislation are needed to protect children and adults from lead contamination, when the split shot is affixed to the fishing line by biting on the sinker.  This common practice presents an avoidable risk that can be eliminated by using other materials as noted."

This is the most offensive part of this legislation.  How does a product that is legal to use and possess stop people from lead contamination???

Clearly, the language in this bill "only prevents the retail sale" of and does not eliminate the other source of lead contamination.  Neighboring states are allowed to retail these products and will end up supplying New Yorker with these products, as long as the market demand exists.

Furthermore, we are concerned that this bill will foster do-it your-selfers.   Sportsmen unaware of the toxic effects of smelting lead in their homes may create an increase health hazard to themselves and their families, initiating a greater hazard than already exists.

It is worthy to note that Maine and New Hampshire have recently implemented
similar provisions, but not the same.  Along with limited sale, use of these products, not possession, were implemented in area lakes and ponds, and did not include streams or rivers.

Other language in this bill that is incorrect or misleading follows:

The term split shot is an incorrect use in this bill.  NYFTTA has offered to the legislator a definition of split shot, however, they neglected to incorporate the term in this legislation.

"Split Shot is defined as a a spherical lead weight, up to 3/16" in diameter, that is split in the manufacturing process and made to be formed around fishing monofilament line."
This bill addresses "any and all lead items of 1/2 oz and under"  making the aforementioned statement in the legislative justification incorrect.

There are NO ALTERNATIVES made to date for all lead sinkers under 1/2 oz
and less.  Although, there are alternatives for "split Shot."  They are more costly than lead, however still affordable.
 
Governor, I ask you to send this bill back to the legislators and ask them to revisit the issues noted above.  If they are truly concerned about the health of New Yorkers and that of our wildlife population, NYFTTA proposes the following:

To include in any legislation:
This bill will apply to fresh water lakes and ponds.  This bill does not apply to the New York marine district waters, rivers or streams.
*  the defined product know as "split shot" be removed from the environment
as follows.
*  implementation of eliminating split shot from Retail 2 years
*   an additional 2 years for personal use
*   an additional 1 year for possession;a warning for the first offense.
Any legislation should be geared to address only "split shot" as defined.

Present status:
Lead shot for waterfowl has been banned, however lead shot for small game
in the marine district and the use for trap / skeet over the bays / marshes is legal in use, sale and possession.

Present status of legislation:
*   On the current cell phone "use" ban:
This legislation only eliminated a particular use (hands free device required when driving) and did not prevent the retail sale of cell  phones.
 
*   A known carcinogen (Cigarettes) have a restricted sale attached to it, and not an elimination of all retail sales.  This is also true for alcohol, which also carries health risks to pregnant women, however, alcohol only contains a warning label affixed to the bottle.

*   The State of California has also addressed the lead issue in fishing tackle and only requires labels on products warning patrons about lead. Similar, in concept, to warning labels on cigarette packages and alcohol bottles.

Again, NYFTTA is at the forefront in eliminating lead from the recreational
fishing industry.  However, it will not occur overnight and legislation geared to only penalizing sporting goods retailers is a far cry from eliminating the problem.

Governor, we urge you to VETO this bill or return it to the legislature for further review.

I thank you for your consideration in this matter and I eagerly await your response.  

If I may be of assistance to you, please don't hesitate to contact me directly.

Respectfully yours,
John Mantione
President,
New York Fishing Tackle Trade Association Inc.

To all interested groups:

To all interested groups wishing to support the "TA red bird cars" for reef
material, please send a letter of support.


The support letter should be on organization or club letterhead, simply
stating support of the "TA red bird cars" for artificial reef placement in
approved reef sites in New York Waters.

Send support letters to:

Freeport Tuna Club

c/o John Weber
P.O. Box 5
Freeport, NY 11520



  NYFTTA  POSITION

To: Gordon Colvin

NYFTTA will support the following options:

Summer Flounder:
Option 2
17", 8 Fish possession limit, Open All Year

Scup: Option 2 10", 50 Fish Possession limit (However, the belief is that 100 Fish Possession limit will not alter the reduction percentage desired and should be considered), July 1-October 24 Season

Scup continued:
However, we would accept (if acceptable to the technical committee), the option proposed from the party boat industry, of 9" or 10" Min. size with a season of 6/15-12/02 and a split bag limit of 50 per person on party boats and charter boats with a 25 fish per person for the private recreational angler.

We strongly urge that the DEC not consider a split season scenario. We believe that a disrupted season will create confusion, resulting in an, unintentional, high rate of non-compliance.

Thank you for your attention to this matter.

John Mantione

NYFTTA strongly urges it's members to send cards and letters
to Gordon Colvin addressing the Porgy and Fluke regulations !


Mr. Gordon Colvin
Director, Division of Marine Resources
New York State DEC
205 Bellemeade Rd.
Setauket, NY  11733


Phone: (631) 444-0430
Fax: (631) 444-0434

Notice: Regarding Summer Flounder (Fluke):

Regarding Summer Flounder (Fluke.), the Marine Resource Advisory Council, to the DEC, (March 19) voted to support 16 1/2" 5/4-9/27/02 with a 4 fish possession limit. Concerned citizens that believe this is ill-suited advise to the DEC, should call Gordon Colvin directly at (631) 444-0430 and voice your concerns. NYFTTA endorsed 17" 8 fish possession with no closed season.

Regarding Scup (Porgies):

The Marine Resource Advisory Council to the DEC (March 19) took no action regarding a season or possession limit for Scup. It was decided that "Industry" will meet with the DEC to advise them of our needs, while complying with the required reduction in recreational harvest of 15% for 2002.

The problem here is that the east end party boats want a fall (into December) season, while the NYFTTA member shop are hoping for an earlier start to the season. The season in 2001 started July 1, causing immense economic hardship to many businesses.

It is understood and accepted that The minimum size limit will be 10" on Scup; yielding a 10% reduction in harvest. However, an addition 5 % is required to be compliant with the mandates of the Atlantic States Marine Fishery Commission and The Mid-Atlantic Fishery Management Council. One suggestion was to split the party boat sector from the remaining recreational community. It was suggested that a 50 fish possession limit for party boat customers would be allowed, while the remaining recreational community would have a 25 fish possession limit. Included in this proposal was a provision that the season would also be extended from a opening date of July 1 (as we had in 2001) to an opening date of June 15. NYFTTA members agree that a closed season results in absolutely zero business and a limited season, results in limited earnings. Extending the season is a primary concern of NYFTTA businesses. However, what are you willing to give up for additional time? Is this a workable and negotiable plan? Pro or Con?

I would appreciate any feedback prior to any meeting between the DEC and industry. E-mail John Mantione or phone: John Mantione (631) 654-2311

.

IMPORTANT
Please read the letters below & support: Bill Number A.9444
"Letter To NYFTTA, From Assemblyman Bob Sweeney"
and
"Letter From NYFTTA, To Assemblyman Sweeney"

Read Bill Number A.9444

IMPORTANT
DEC Unveils "I Fish NY" Urban Fishing Initiative
... read it here!

IMPORTANT
Letter to Senator Marcellino about the Lead Bill
... read it here !

New York State Assembly - web site

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