Guys,
This is being kicked around on all the other boards that I visit so I thought I'd see what you guys think.

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 030714172-3172-01; I.D. 063003A]
RIN 0648-AR33


Atlantic Striped Bass Conservation Act; Atlantic Striped Bass Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION: Advance Notice of Proposed Rulemaking (ANPR); request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that it is considering potential revisions to the Federal Atlantic striped bass regulations for the U.S. Exclusive
Economic Zone (EEZ) in response to recommendations from the Atlantic States Marine Fisheries Commission (Commission) to the Secretary of Commerce (Secretary). The Commission recommended that the Secretary remove the moratorium on the harvest of Atlantic striped bass in the EEZ after a 13-year closure; implement a 28-inch (71.1-cm) minimum size limit for the recreational and commercial Atlantic striped bass fisheries in the EEZ; and allow states the ability to adopt more restrictive rules for fishermen and vessels licensed in their jurisdiction. NMFS is soliciting comments with this notice regarding possible management measures and issues that NMFS should consider
relative to these recommendations.

DATES: Written comments must be received at the appropriate address or facsimile (fax) number (see ADDRESSES) no later than 5 p.m. Eastern Standard Time on or before August 20, 2003.

ADDRESSES: Written comments must be sent to: Anne Lange, Chief, State-Federal Fisheries Division, Office of Sustainable Fisheries, NMFS, 1315 East West Highway, Room 13317, Silver Spring, MD 20910. Comments may also be sent via fax to (301) 713-0596.

Comments submitted via e-mail or Internet will not be accepted.

FOR FURTHER INFORMATION CONTACT: Tom Meyer, Fishery Management Biologist, (301) 713-2334, fax (301) 713-0596.

SUPPLEMENTARY INFORMATION:

Background

This ANPR is promulgated under the Atlantic Striped Bass Conservation Act (Act), Public Law 100-589, reproduced at 16 U.S.C. 1851 note. Section 9 of the Act requires the Secretary to promulgate regulations governing fishing for Atlantic striped bass in the EEZ that the Secretary determines:

(1) are consistent with the national standards in Section 301 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1851);

(2) are compatible with the fishery management plan for managing Atlantic striped bass and each Federal moratorium in effect on fishing for Atlantic striped bass within the coastal waters of a coastal state;

(3) ensure the effectiveness of State regulations on fishing for Atlantic
striped bass within the coastal waters of a coastal state; and

(4) are sufficient to assure the long-term conservation of Atlantic striped bass populations. In developing the regulations, the Secretary is to consult with the Commission, the appropriate Regional Fishery Management Councils (Councils), and each affected Federal, state and
local government entity.

Atlantic Striped Bass management is based on the Commission's Atlantic Striped Bass Interstate Fishery Management Plan (ISFMP), first adopted in 1981.

From 1981 - 1994, four ISFMP Amendments were developed that provided a series of management measures that led to the rebuilding of the stocks.

In 1995, the Commission declared the Atlantic striped bass population fully restored and implemented Amendment 5 to the ISFMP to perpetuate the stock so as to allow a commercial and recreational harvest consistent with the long-term maintenance of the striped bass stock.

Since then the population has expanded to record
levels of abundance. To maintain this recovered population, the Commission approved Amendment 6 to the ISFMP (Amendment 6) in February 2003 (copies of Amendment 6 are available via the Commission's website at www.asmfc.org).

The Commission believes that the measures contained in Amendment 6 are necessary to prevent the overfishing of the Atlantic striped bass resource while allowing growth in both the commercial and recreational fishery.

Development of Amendment 6 took almost four years and involved extensive input from technical and industry advisors, and provided numerous opportunities for the public to comment on the future management of the species.

Amendment 6 incorporates results of the most recent Atlantic striped bass stock assessment, developed by the Atlantic Coast States, the Commission, NMFS, and the U.S. Fish and Wildlife Service (see section 1.2.2 of Amendment 6). In summary, the 2001 stock assessment concluded that the overall abundance of the stock is very high and fishing mortality remains below the target rate. The stock's abundance increased steadily between 1982 and 1997 and since then has remained stable. The fishing mortality rate increased steadily until 1999, but decreased slightly in 2000. Amendment 6 also includes recommendations to the Secretary on the development of complementary measures in the EEZ. Management of Atlantic striped bass in the EEZ was one of the issues that was considered throughout development of Amendment 6.

Recommendation to the Secretary

On April 24, 2003, the Secretary received a letter from the Commission with the following three recommendations for implementation of regulations in the EEZ: (1) Remove the moratorium on the harvest of Atlantic striped bass in the EEZ; (2) implement a 28-inch (71.1 cm) minimum size limit for recreational and commercial Atlantic striped bass fisheries in the EEZ; and (3) allow states the ability to adopt more restrictive rules for fishermen and vessels licensed in their jurisdictions.

In support of its request, the Commission provided a number of reasons to justify opening the EEZ to striped bass fishing. These reasons include:

(1) In 1995, due in part to a closure of the EEZ in 1990 to striped bass harvest, the population of this species was declared fully
restored by the Commission. The purpose of closing the EEZ was to protect strong year classes entering the population and to promote
rebuilding of the overfished population.

(2) The commercial harvest is controlled by hard quotas; when they are reached the fishery is closed; and overages are taken out of next
year's quotas. The Commercial quota will be landed regardless of whether or not the EEZ is opened.

(3) Currently, recreational and commercial catches are occurring in the EEZ and these fish are required to be discarded. Opening the EEZ
will convert discarded bycatch of striped bass to landings.

(4) Because of management measures implemented since 1990, the striped bass population has recovered to a point where further examination of whether this fishery should occur in the EEZ is appropriate.

There are expectations among a number of fishing industry stakeholders that their past sacrifices would result in future opportunities to harvest striped bass, and therefore, there are potential credibility issues associated with keeping the EEZ closed, especially in light of the current status of the Atlantic striped bass stock.

(5) The recommendation to open the EEZ is part of Amendment 6 which incorporates new management standards to ensure stock conservation including targets and thresholds for both mortality and spawning stock biomass. Fishing mortality is currently below the target level, and spawning stock biomass is 1.5 times the target level.

(6) Amendment 6 includes monitoring requirements and triggers that will allow the Commission to respond quickly to increased mortality.

(7) The bulk of the public comment (greater than 75 percent) received in opposition cited expansion of the commercial fishery as rationale not to open the EEZ. The Commission believes the rationale is incorrect because the commercial fishery is controlled by a hard quota.

The Commission stated that its Atlantic Striped Bass Technical Committee would monitor annually the Atlantic striped bass population,
and, if at some point in the future the Commission determines that the Atlantic striped bass population is overfished or that overfishing is occurring, it may recommend further management measures for the EEZ.

NMFS is considering proposed rulemaking to revise the Federal Atlantic striped bass regulations to be compatible with Amendment 6 and is seeking comments on implementation of the Commission's recommendations in the EEZ. After review of comments received from this notice, NMFS will decide whether to initiate a lengthy review and decision-making process, which would include preparation of either an Environmental Impact Statement or an Environmental Assessment, and the development of management measures to revise current Federal regulations for Atlantic striped bass in the EEZ.

Authority: 16 U.S.C. 1851 note.

Dated: July 15, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 03-18491 Filed 7-18-03; 8:45 am]

The EZZ?
Its being fished rt now as we speak!! Has been for years!! And there are not anough wardens to enforce the law. So rather then spend more money on something they can't controll, they may as well open it.
But that said the limt should not be 28" as you posted. It should be as it is inshore with 2-28" rec. and 34" Comercial. But I would be in favor of a 20 or 25 fish bag limt for commercial or less.
Even though we now can catch 1,000,000 + pounds we are going to close the Bass season this comming Sunday! It has taken just 1 month to fill the quota! And many of these fish are comming from off shore water!!
Also it should remain as a hook & Line fishery!! As the dragers will try to get into this once it becomes a fed. fish.

maco..."As the dragers will try to get into this ..."
BINGO! we have a winner!!

draggers are not hook an line , no worry there.
15 fish per day max.
no more elect. reels
no charter boat shall sell sb. their already getting paid by their customers.
if you have a comm. lisc. for bass your not to fish for them rec. till the comm. season is over.
no out of state person shall own a sb lisc. even if they do own a second home in mass and are paying taxes, in other words full time residents only.
the list could go on, but no one is cares.

this is all wishfull thinking. as long as there's doctors,lawer's corperations, groups of all sorts handing money to our goverment rep's nothing will ever change. your just going to talk yourself horse.


o one more thing,,,rec's kill more sb then comm. ,,,,fact..3 times more.......sportfishing ?? that kills too.

I think it would be a disaster to the stripe bass fishery if they open the EEZ. yes there are some people that probably fish in the closed area, and I know that one or two enviromentals fish it and keep a fish or two, but if it is open there would be alot more fishing it and depleteing the resource. Not all stripers come in shore.

Gillnetters and draggers do alot of damage to the stripe bass population in the EEZ with the incindental catch. Do we need any more pressure ? ?

at this end of the world[elbow/cape] If I had to guess atleast 2/3's or more of the charter/comm. fleet DON"T fish for bass within the 3 mile limit, their all well into the eez. there's NO inforcement of any kind at all, out there or at the docks of any kind. sad but true. so they may as well open it up.

I agree Cape!! Sad but ture there is no enforcement of anykind!! Smaller bag limts will extend the season greatly!
Most of these fish are comming from off shore, and they are catchiong on Saturday and iceing them down till Sun. 15 -20 fish are more then anough for anyone fisherman.
Avrage 20# fish(Chatam, 25# Vinyard) X 15= 300# X $2.00= $600.00 for the day that is pleanty.

I have seen people who have no idea how to land a fish! They gaff shorts, rip the hooks out rather then cutting the line, taking 50 pic. Then tossing the fish over the side like they are doing a high dive.

this I will say,,,aleast comm. KNOW how to handle a fish right so that it has a more than fair chance of liveing after being put back in the water, I'm not saying that all rec's don't know how to treat a short, but like moe say's there's alot that tear a fish apart just to get their hook back....just go out some sunday[if you ever get a chance] a watch a group of boats and the way most people fish.there have been times when I've come across fish swimming on their sides going in circles....to many to count.

Mabey they ought to open it up. That way more fish can be caught faster. The price will drop even lower than it now and make it impossible to make any money. Then maybe some guys will quit.

Cape I saw comms. gaffin everything they hooked up. Guys that really looked like that they knew what they were doing(catching wise) opening day at Muskeget. Fish that were not 34". Kinda made want to puke.

so I won't be misunderstood, I'm talking about the guys in my neck of the woods, not the one's that are fishing other places. yes there are some that are just stupid an don't give a hoot about anything or anyone. their the one's that give comm. fishing a bad name. but at the same time , there are comm. that do play by the rules,,these people I fish with.

i can see how recs catch and kill more stripers than comms right now. look at how many stripers are killed daily on charter boats. it would blow your mind. and figure 10% of their catch-and-release dies off. i'm sure the state pushing hardest for the opening of eez was mass due to the banks fishing. i know they tried it w/ an addendum when amend 6 was about to be implemented. not sure if north carolina needs it, but i know they kill a lot of wintering fish early in the season w/ gill nets close to shore.

personally, i cannot see how they allow comms to even kill stripers when there is a warning on them about eating too many over the course of a month due to pcb's.

What was the price of stripers last year at this time, before they doubled the quota? I bet now you have to catch twice as many fish to make the same money. Look what the gov has done for the tuna fishery. Do you think they won't screw up Striped Bass also.

The price has stayed the same as last year. And they did not double the quota, they added some 100,000 pounds.

As long as the DMF keeps sitting on there A$$ this is the way things are going to work

There is not anough money to go around!! If you tell the dragers to stop fishing then you have to compansate them, This takes money!!

If you want to keep the EZZ closed then you have to enforce it, More money!!

You don't want people taking shorts, then you need people at the ramps, thgis takes money!!

The problem is money, and as long as there is a shortage of cash and polatitions with deep pockets, and an agency with out the nuts to say STOP, this is the way its going to go.

I for one do not think a salt water Lic. is a good Idea because the people at the top will take this money and do other things with it and we will be paying for nothing!! I would pay glady for the Lic. if we were garrateeed the money goes for the fishery and nothing else!! And if the general public would have people appointed to the DMF board instead of a bunch of people who have no Idea!! We need more access to the water!! The Cape has water all around and no access to it.

Freash water Lic. pays for stocking of all are ponds, But this to is going down the tubes!! There is not anough money to go around and there bugets are suffering! I have info that the Sandwich hachary is going to close in the spring if not sooner. Because they don't have the man power or funds to keep it running.

Ok I am going on way to much