08-28-2004, 03:07 AM
Published in the Asbury Park Press 8/27/04 Until N.J. complies, law says even catch-and-release is outA lot of New Jersey striped bass fishermen are wondering if they will be permitted by law to fish for striped bass after Sept. 20.
![[Image: geiser.jpg]](http://fishing.injersey.com/images/news/app/mugs/geiser.jpg)
New Jersey was declared out of compliance with Amendment VI to the Atlantic Striped Bass Fishery Management Plan on Aug. 19 by the Atlantic States Marine Fisheries Commission, and the Secretary of Commerce was notified. The secretary has 30 days to review the matter, and decide if the state's fishery will be shut down.
There is no argument that the state is not in compliance. John I. Nelson Jr., chairman of the ASMFC, pointed out that New Jersey has not implemented the recreational measures required under Amendment VI, a minimum size of 28 inches and a two-fish bag limit per person.
New Jersey presently allows the harvest of one fish at least 24 inches but less than 28 inches and one fish from 28 inches up. This was found unacceptable by the ASMFC.
A bill that would bring New Jersey into compliance with the ASMFC mandate has already passed the state Assembly, and would provide for one fish at least 24 inches but less than 28 inches and one fish 34 inches and over. This is the equivalent of the ASMFC's basic requirement, and has been approved by the ASMFC.
A companion bill -- S-1691 -- was introduced in the state Senate in June, and is awaiting action by the Senate Environmental Committee, whenever that body meets. It could meet soon in an emergency or at its scheduled date of Sept. 27.
The Senate has a voting session scheduled for Oct. 4, and could vote on S-1691, and the bill be on the governor's desk Oct. 5. However, if a different bill or an amended version is acted on by the Senate, it could take longer.
Herb Moore Jr., director of government affairs for the Recreational Fishing Alliance, hopes action on coming into compliance is swift.
"We are under a really tight 30-day deadline with the National Marine Fisheries Service before a moratorium is imposed," he said. "Hopefully we can prevent that from happening."
Thomas P. Fote, legislative chairman of the Jersey Coast Anglers Association, said the JCAA clubs want two fish at 28 inches, and he is obligated to ask the senators to consider this.
"We do not want a moratorium imposed on the striped bass fishery," he said. "I think we should have this ironed out by Oct. 7 or 8."
A discussion of the proposed striped bass rules for this fall was lengthy and detailed Tuesday night at an informal meeting of activists in Sea Girt.
They all spoke their piece, and came away aware that legislative action must be swift and acceptable to the ASMFC and NMFS or the fishery will be closed.
They talked about political maneuvering, voter pressure, majority rule and fair play. There will be continued discussions in the weeks ahead about the impact on anglers and businesses, and everyone from a knot of bass anglers on the end of the dock to the give-and-take on the Internet will be involved.
![[Image: 27klein.jpg]](http://fishing.injersey.com/images/news/0408/27klein.jpg)
[font "arial,helvetica"]SPECIAL TO THE PRESS photo[/font]
Matthew Klein, 11, of Eatontown, holds up the 11 1/2-pound, 31-inch striped bass he caught in July. It was caught on clams at Seven Presidents Park, Long Branch. After Sept. 20, even catch-and-release of stripers may be illegal. Some anglers feel that the threat of a moratorium is not what it appears, that the Bush administration will not shut New Jersey's bass fishery down Sept. 20 or even a few days after that.
Moore, a lawyer with the RFA, points out that Secretary Donald Evans is mandated by law to impose a moratorium, if a state is found out of compliance.
According to law -- United States Code, Title 16, Conservation, Chapter 71A, Atlantic Striped Bass Conservation: "Upon receiving notice from the commission under section 5153 © of this title of a negative determination regarding a coastal state, the secretaries (Commerce and Interior) shall determine jointly, within 30 days, whether that coastal state is in compliance with the plan, and, if the state is not in compliance, the secretaries shall declare jointly a moratorium on fishing for Atlantic striped bass within the coastal waters of that coastal state."
The law further reads: "During a moratorium period, it is unlawful for any person to engage in fishing within the moratorium area."
This would apply to landing and catch-and-release fishing for striped bass.
Rep. Frank Pallone Jr., D-N.J., has written Secretary Evans asking him to take into consideration the fact that the New Jersey legislature is acting in good faith, and has not been in session since June.
Pallone appreciates that the 30-day period will be over Sept. 20, and the Senate may not be able to act until Oct. 4, but he urged the secretary not to act precipitously.
"The state fully intends to come into compliance with federal striped bass guidelines, but needs adequate time to develop new regulations that will be fair to the state's recreational anglers," Pallone wrote Evans.
"The Assembly has passed legislation that would bring New Jersey into compliance with federal striped bass guidelines, but the state Senate recessed early in June before it could consider the legislation, and will not come back into session by Sept. 12," Pallone wrote.
"Once the Senate comes back into session, the legislature will work quickly to finish the bill; so the state can come into compliance," Pallone assured the secretary
[signature]
New Jersey was declared out of compliance with Amendment VI to the Atlantic Striped Bass Fishery Management Plan on Aug. 19 by the Atlantic States Marine Fisheries Commission, and the Secretary of Commerce was notified. The secretary has 30 days to review the matter, and decide if the state's fishery will be shut down. There is no argument that the state is not in compliance. John I. Nelson Jr., chairman of the ASMFC, pointed out that New Jersey has not implemented the recreational measures required under Amendment VI, a minimum size of 28 inches and a two-fish bag limit per person.
New Jersey presently allows the harvest of one fish at least 24 inches but less than 28 inches and one fish from 28 inches up. This was found unacceptable by the ASMFC.
A bill that would bring New Jersey into compliance with the ASMFC mandate has already passed the state Assembly, and would provide for one fish at least 24 inches but less than 28 inches and one fish 34 inches and over. This is the equivalent of the ASMFC's basic requirement, and has been approved by the ASMFC.
A companion bill -- S-1691 -- was introduced in the state Senate in June, and is awaiting action by the Senate Environmental Committee, whenever that body meets. It could meet soon in an emergency or at its scheduled date of Sept. 27.
The Senate has a voting session scheduled for Oct. 4, and could vote on S-1691, and the bill be on the governor's desk Oct. 5. However, if a different bill or an amended version is acted on by the Senate, it could take longer.
Herb Moore Jr., director of government affairs for the Recreational Fishing Alliance, hopes action on coming into compliance is swift.
"We are under a really tight 30-day deadline with the National Marine Fisheries Service before a moratorium is imposed," he said. "Hopefully we can prevent that from happening."
Thomas P. Fote, legislative chairman of the Jersey Coast Anglers Association, said the JCAA clubs want two fish at 28 inches, and he is obligated to ask the senators to consider this.
"We do not want a moratorium imposed on the striped bass fishery," he said. "I think we should have this ironed out by Oct. 7 or 8."
A discussion of the proposed striped bass rules for this fall was lengthy and detailed Tuesday night at an informal meeting of activists in Sea Girt.
They all spoke their piece, and came away aware that legislative action must be swift and acceptable to the ASMFC and NMFS or the fishery will be closed.
They talked about political maneuvering, voter pressure, majority rule and fair play. There will be continued discussions in the weeks ahead about the impact on anglers and businesses, and everyone from a knot of bass anglers on the end of the dock to the give-and-take on the Internet will be involved.
[font "arial,helvetica"]SPECIAL TO THE PRESS photo[/font]
Matthew Klein, 11, of Eatontown, holds up the 11 1/2-pound, 31-inch striped bass he caught in July. It was caught on clams at Seven Presidents Park, Long Branch. After Sept. 20, even catch-and-release of stripers may be illegal. Some anglers feel that the threat of a moratorium is not what it appears, that the Bush administration will not shut New Jersey's bass fishery down Sept. 20 or even a few days after that.
Moore, a lawyer with the RFA, points out that Secretary Donald Evans is mandated by law to impose a moratorium, if a state is found out of compliance.
According to law -- United States Code, Title 16, Conservation, Chapter 71A, Atlantic Striped Bass Conservation: "Upon receiving notice from the commission under section 5153 © of this title of a negative determination regarding a coastal state, the secretaries (Commerce and Interior) shall determine jointly, within 30 days, whether that coastal state is in compliance with the plan, and, if the state is not in compliance, the secretaries shall declare jointly a moratorium on fishing for Atlantic striped bass within the coastal waters of that coastal state."
The law further reads: "During a moratorium period, it is unlawful for any person to engage in fishing within the moratorium area."
This would apply to landing and catch-and-release fishing for striped bass.
Rep. Frank Pallone Jr., D-N.J., has written Secretary Evans asking him to take into consideration the fact that the New Jersey legislature is acting in good faith, and has not been in session since June.
Pallone appreciates that the 30-day period will be over Sept. 20, and the Senate may not be able to act until Oct. 4, but he urged the secretary not to act precipitously.
"The state fully intends to come into compliance with federal striped bass guidelines, but needs adequate time to develop new regulations that will be fair to the state's recreational anglers," Pallone wrote Evans.
"The Assembly has passed legislation that would bring New Jersey into compliance with federal striped bass guidelines, but the state Senate recessed early in June before it could consider the legislation, and will not come back into session by Sept. 12," Pallone wrote.
"Once the Senate comes back into session, the legislature will work quickly to finish the bill; so the state can come into compliance," Pallone assured the secretary
[signature]