Striped Bass Article this AM

[CowHunter]

Earlier this month, a Coast Guard helicopter flew out over the Atlantic Ocean just off Virginia Beach. Its mission: protecting striped bass.
The aircraft flew beyond the three-mile limit from shore where striped bass fishing is allowed and spotted a flotilla of fishing boats. When the skippers noticed the helicopter overhead, the reaction was swift and immediate.

"It looked like the boat races back to the three-mile limit," said Col. Rick Lauderman, chief of the Virginia Marine Police.

Striped bass are a conservation and fish management success story, coming back from the brink of near collapse in the 1980s.

But these days, the species may be a victim of its own success and also a victim of anglers -- both commercial and recreational -- who sometimes flout the rules in a quest for trophy fish. Lots of them.

What is happening to the south this winter could have significant consequences off Delaware's coast this spring and summer, when the fish head north to spawn.

There is enough concern that Atlantic States Marine Fisheries Commission Executive Director John V. O'Shea -- at the request of member states -- this month asked the National Marine Fisheries to increase the civil penalties for illegal fishing for striped bass beyond the three-mile limit.

"This high concentration of aggregating fish in the ocean over wintering grounds off the Virginia Capes south to Cape Hatteras makes them especially vulnerable to harvest," O'Shea wrote. "Depending on their magnitude, unreported landing have the potential to jeopardize the status of the stock."

In 1982, the striped bass population was estimated at less than 9 million. Today it's believed to be around 70 million. In 2008, the harvest was 3 million, which was a 5 percent decrease from the year before. While the number of fish caught was down, the poundage was up, meaning the larger, more mature fish were taken.

Striped bass fishing is restricted to within three miles of the coast. Rules vary by state, but in Delaware's waters, the minimum size one may keep is 28 inches long.
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O'Shea asked the Coast Guard to step up enforcement in the prohibited area known as the Exclusive Economic Zone. This is considered federal jurisdiction from the three-mile limit to 200 miles offshore. Federal fisheries agents have cooperative agreements with all states except North Carolina to enforce the ban in the EEZ. But even with state help, there are still anglers -- both commercial and recreational -- who cross the line.

"The commission continues to hear from party and charter boat captains, as well as private boat anglers, that numerous vessels are fishing for and retained striped bass in the EEZ, including exceeding the bag limit," he said.

The implications
The big stripers that winter off Virginia and North Carolina will begin to swim north as the water warms up.

About 75 percent will swim into Chesapeake Bay and lay eggs in the upper bay and in freshwater reaches of tributaries such as the Choptank, Nanticoke and Pocomoke rivers. An additional 14 percent will swim north to the Hudson River to spawn, and an estimated 11 percent will arrive in Delaware Bay, move north up the Delaware River and begin to spawn when they reach Cherry Island flats off Wilmington.

Scientists believe that many of these big, offshore fish that winter to the south are mature females -- the very fish that will ensure the future stability of the population.

"There is a significant conservation benefit to keeping the EEZ closed," said John DePersenaire, fisheries policy and science researcher with the Recreational Fishing Alliance, a national advocacy group based in New Jersey. "It's not like you see small fish out there."

The EEZ has been closed to striper fishing since 1999, but beginning in 2003, pressure built to reopen it and it may be building again. On the Virginia Beach-based Virginia Fishing Center's Web site, a poll asks anglers whether they would support extending the territorial limit of Virginia's waters 12 miles offshore -- far enough out most years to legally take advantage of these big stripers.
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The National Oceanic and Atmospheric Administration looked into reopening the area but in 2006 chose not to proceed with its review.

DePersenaire said a draft environmental-impact statement pointed to major concerns that opening the EEZ would significantly increase fish mortality -- possibly beyond target levels for sustainability of the species. Among the concerns is that with a big concentration of fish in one area, they become extremely vulnerable to commercial net fishing gear, he said.

Because the area beyond the three-mile limit is a protected zone for striped bass, anglers can't catch and release the fish, nor can they possess a striper, even if they caught it in legal waters.

Where the fish go
Delaware fisheries biologists have been tagging spawning fish for years, and anglers who catch or catch and release one of these tagged fishes -- more than 6,000 have been tagged over the years -- get a prize if they report the details of their catch.

"The number of releases have gone up," said state fisheries biologist Matt Fisher. "That's a change in the attitude of the angler."

Most of the Delaware-tagged fish that are caught are caught in Maryland or Massachusetts.

Like most fish stocks, so much depends on the strength of each individual year class.

In 2004, the spawn produced a strong year class, and those fish are now reaching the legal, minimum-size limit, Fisher said. "They are 26-, 28-, 30-inch fish now."

The 2009 class was strong, too. So in 2013, there should be another large group of fish coming into keeper-size range.

There are other concerns. In the Chesapeake, some scientists and environmental organizations worry that stripers aren't as big and healthy as fish that move offshore and along the coast. The fear is that populations of a key prey fish at the bottom of the food chain -- the Atlantic menhaden -- aren't large enough to support the larger striper population in Chesapeake Bay.

The Atlantic States Marine Fisheries Commission recently continued a commercial catch cap on the fishery through 2013 to help those stocks grow.
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Decline and recovery
In the early 1970s, stripers -- also called rockfish -- were one of the most important commercial and recreational fishes in Chesapeake Bay. In 1973, commercial fishermen landed 14.7 million pounds coast-wide. The following year, there was a sharp decline, and 10 years later, the harvest was down to 1.7 million pounds.





Regulators concluded overfishing was a key reason for the population bust. They also acknowledged other problems: fluctuating water temperatures in the spawning grounds, low dissolved oxygen in deep water habitats of Chesapeake Bay, acidity and chemical contamination, and habitat and water quality degradation from runoff and wastewater discharges.

Congress passed the Atlantic Striped Bass Conservation Act in 1984, and in 1985, Delaware and Maryland imposed a fishing moratorium that didn't end until 1989.

When the fishery reopened, managers were cautious and allowed limited catches, but the population continued to rise. By 1995, the Atlantic States Marine Fisheries Commission concluded that the fishery was restored.

Fast-forward to January. Inshore fishing had been brisk along the Outer Banks and Virginia, and then the water temperature dropped, bait fish moved farther offshore and the stripers moved with them.

Capt. Ken Zwirko, who runs striper charters from New England south to North Carolina -- following the fish with the season -- said once the fish moved offshore, there was no sense in fishing along the Virginia or Carolina coasts.

But not all captains felt that way.

Zwirko said he believes "it's the only place where the fish are given a break" and it should be off-limits. "I think it's a big problem ... because it's the whole concentration of the biomass" in one area.

For anglers, "it's so easy to find the fish," he said.

They look for birds working the schools of fish, and the stripers are usually there feeding.

Zwirko said that for enforcement agents, it's difficult to get a grip on violators in the EEZ because it's "just such a vast area."
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On one striper fishing message board this week, there was this anonymous account from a morning of fishing off Virginia Beach: "We were celebrating our catches. ... Suddenly we were in a situation in which the mate and captain were telling us that we were way out past the 3-miles limit. ... Their spotters notified them that the marine police were on the way out. ... We watched in disbelief as the mate gutted out our fish and threw them overboard. ... We were sickened by the entire experience."

That scenario is all too common, Lauderman said.

Anglers use everything from spotters to cell and satellite phones to keep tabs on the whereabouts of enforcement officers, Lauderman said. They use a code.

"They call us a gray boat," he said. The Coast Guard is an orange boat.

"It's almost like a game of chess," he said.

When they see marine police approaching, they'll turn and head directly toward the marine police vessel -- dumping fish off the stern of the boat along the way, he said.

Some boats are rigged with a 55-gallon garbage can on the stern. As they catch fish, they shove them headfirst into the garbage can.

"As we approach, they are actually ready to dump the fish," he said.

Last week, a Coast Guard patrol boat spotted a commercial trawler in the EEZ and boarded it to look for safety and fishing violations.

Once on board, they discovered a haul of 150 striped bass.

The vessel, the 79.2-foot Lady Samaira out of North Carolina, was directed back to port, where National Ocean and Atmospheric Administration fisheries agents were waiting.

Agents suspect some of the fish were thrown overboard in passage because they recovered 100 fish with a weight of nearly 3,000 pounds.

NOAA's Office of Law Enforcement is investigating.

Here in Delaware, illegal striper fishing hasn't been a problem this winter.

The water is just too cold right now, said Delaware Fish & Wildlife Enforcement Chief James Graybeal. In 2007 and 2008, there were a few arrests off Delaware's waters in the EEZ, he said.

An angler with a few fish likely will be fined $100 per fish. But in the case with 10 or more fish, fines can rise to thousands of dollars per fish, Lauderman said.

"It is a federal violation," he said.

For anglers, even those on a charter boat, "it's your responsibility to know" where you are fishing, he said.

[CowHunter]

The poaching in the EEZ down south is getting Alot of attention this year.... On some of the boards Im actually suprised guys are defending the poaching.... A reporter from DelawareOnline interviewed me for this article and quoted me in it.

[PRBuzz]

Originally Posted by CowHunter

"Anglers use everything from spotters to cell and satellite phones to keep tabs on the whereabouts of enforcement officers, Lauderman said. They use a code.

"They call us a gray boat," he said. The Coast Guard is an orange boat.

"It's almost like a game of chess," he said.

When they see marine police approaching, they'll turn and head directly toward the marine police vessel -- dumping fish off the stern of the boat along the way, he said.

Would it not be OK for the EPO/CG to go under cover by "chartering" a fishing boat and getting a 1st hand view (and pictures) of what is really going on. They could mingle right in with the fleet?

[WoodyCT]

Originally Posted by PRBuzz

Would it not be OK for the EPO/CG to go under cover by "chartering" a fishing boat and getting a 1st hand view (and pictures) of what is really going on. They could mingle right in with the fleet?

Using one of their high speed copters simply fly down a line 3 miles off shore at about 200' off the water with still/video cameras rolling on all vessels fishing outside the 3mi. line. Once beyond the fleet they could circle back and photo/video vessel names and reg. #s of the fleeing boats.

[MakoMike]

Originally Posted by WoodyCT

Using one of their high speed copters simply fly down a line 3 miles off shore at about 200' off the water with still/video cameras rolling on all vessels fishing outside the 3mi. line. Once beyond the fleet they could circle back and photo/video vessel names and reg. #s of the fleeing boats.

Be impossible to tell what they were fishing for. Dump the bass and catch a couple of bluefish and you're home free.

[WoodyCT]

Originally Posted by MakoMike

Be impossible to tell what they were fishing for. Dump the bass and catch a couple of bluefish and you're home free.

Do blues and bass winter together in that area?

They could later send undercover agents on the boats they observe 'out of bounds' to see what their up to. Or maybe have agents meet the boats back at the dock to see whats in their boxes.

[Joe]

Originally Posted by CowHunter

For anglers, even those on a charter boat, "it's your responsibility to know" where you are fishing, he said.

Right.
How is a charter customer supposed to know where the heck they are? If they were to prosecute a charter customer, it would have a serious negative impact on people contemplating bookings. Who's zooming who? They're not going to haul in some yuppie tourist for booking the wrong charter. Things are bad enough without bluffing the public with scare tactics.

[CowHunter]

Originally Posted by Joe

Right.
How is a charter customer supposed to know where the heck they are? If they were to prosecute a charter customer, it would have a serious negative impact on people contemplating bookings. Who's zooming who? They're not going to haul in some yuppie tourist for booking the wrong charter. Things are bad enough without bluffing the public with scare tactics.

Yeah, Im not sure I agree with that either..... Most have no idea what the hell the EEZ even is...

I do know that they will prosecute clients for violations,

Officers Hook Summer Flounder Violators
Written by NJDEP Division of Fish & Game.
Thursday, 20 August 2009
New Jersey conservation officers, posing as anglers out for a day of fishing aboard a Belmar party boat, caught the captain and his first mate deliberately killing undersized summer flounder and filleting them for bait to boost patrons’ chances of landing more of them.

The captain and owner of the Big Mohawk, Christopher W. Hueth, 48, of Spring Lake; his first mate James R. Dugan Jr., 50, of Belmar; and another crewman, Michael A. Worrall, 32, of Hamilton, face thousands of dollars in penalties for a variety of marine fish violations witnessed by the undercover officers. Five patrons of the Big Mohawk also were hit with summonses......



Conservation officers with the Marine Law Enforcement Region of the Department of Environmental Protection’s Division of Fish and Wildlife launched the undercover operation after receiving tips about Big Mohawk’s deliberate, illegal harvesting of undersized summer flounder, also known as fluke. During the deep-sea excursion, the conservation officers witnessed the first mate killing the undersized summer flounder by grabbing the tail and banging the fish’s head into the deck of the boat. The fish then were filleted while crewmen repeatedly bragged that the Big Mohawk caught more fluke than other party vessels because it used summer flounder as bait.

Undercover conservation officers also saw patrons keep undersized summer flounder and throw the short fish onto the fillet table, where the crew chopped them up for bait. The lawmen counted at least 25 carcasses of flounder illegally caught and filleted.

In New Jersey, the recreational summer flounder size limit is a minimum of 18 inches, and anglers are allowed to keep six fish per day.

When the boat docked after the Aug. 15 trip, uniformed state conservation officers conducted a thorough inspection and, in addition to the captain and crew members, apprehended five party boat patrons.

Hueth, the Big Mohawk’s owner and captain, received summonses for discarding parts of summer flounder before docking, and filleting fish under the minimum size limit -- a violation of the vessel’s Special Fillet Permit. This permit, issued by the DEP’s Division of Fish and Wildlife, allows party fishing vessels to fillet legal-size fish while at sea, but requires the vessel to retain all carcasses for potential inspection by state conservation officers. Conviction for a first-time violation results in a 60-day suspension of the special permit.

Dugan, the first mate, was cited for discarding parts of summer flounder and filleting undersized fish. Conservation officers issued summonses to Worrall, the other crewman, after they saw him selling seven summer flounder to two patrons. According to state regulations, summer flounder can only be sold to an authorized summer flounder dealer.

If convicted, Big Mohawk’s captain and his two mates face penalties of up to $3,000 for each of the summonses issued to them.

The identities of the five patrons, all from New Jersey, and the summonses lodged against them are as follows:

Jung K. Cha, 56, of Wayne; possession of three summer flounder measuring less than 18 inches.
Jong N. Kim, 56, of Palisades Park; Joseph V. Mercurio, 54, of Newton, and Stephen J. Thomas, 56, of Hillside, were each cited for taking five summer flounder over the daily bag limit.
Scott S. Rever, 40, of Basking Ridge, received a summons for taking one summer flounder over the daily bag limit.
The anglers face a penalty of $30 for each summer flounder possessed or taken illegally. Law-abiding anglers and other sportsmen and sportswomen who witness fish or wildlife violations are encouraged to call Operation Game Thief at 800-222-0456.

[Slipknot]

quote - "Federal fisheries agents have cooperative agreements with all states except North Carolina to enforce the ban in the EEZ. But even with state help, there are still anglers -- both commercial and recreational -- who cross the line."

So all other states help enforce the ban EXCEPT North Carolina , Hmmmm time to get with it North carolina the civil war was over a long time ago. NICE

Good article Ken
I hope more attention is brought up about all the poaching going on out there.

[WoodyCT]

This is great news- much appreciated!

And thanks for keeping us posted.

Idea- A few thousand angry anglers threatening to take their tourism $$ elsewhere because of lax enforcement of striper laws in VA and NC might get their attention. Let me know- I have a mile long list of links to TOURISM AND COMMERCE departments for those who want to speak up for the bass .

[The Dad Fisherman]

Ignorance of the Law is no excuse......

[UserRemoved1]

Well written good article I hope they continue to keep the pressure up.

[Joe]

A few arrests, some negative publicity, and the subsequent civil suits against charter captains and it will very tough to buy insurance for that part-time seasonal business.

[CowHunter]

Originally Posted by Joe

A few arrests, some negative publicity, and the subsequent civil suits against charter captains and it will very tough to buy insurance for that part-time seasonal business.

Nobody wants Negative publicity and subsequent civil suits.... Why would anybody take their clients poaching in the EEZ though? You have to understand there will be consequences if your caught....

[jmac]

Would it not be OK for the EPO/CG to go under cover by "chartering" a fishing boat and getting a 1st hand view (and pictures) of what is really going on. They could mingle right in with the fleet?

Don't get me wrong-I too am upset with this total disregard for the law, but we are talking fish here...it's not like the night/fog quahogger digging in polluted areas where the product directly effects people's health. Enforcement people don't understand our passion for this fishery. But I believe in the old saying that "the squeeky wheel gets the oil", and are starting to ramp up enforcement tactics in pursuing those that fish in EEZ zone (remember-a presidential edict closed this area, I believe)...also, the above tactic may be considered entrapment, and that usually doesn't fly in a court of law. I believe the added pressure of enforcement visibility will slow the EEZ fishing....

[PRBuzz]

Originally Posted by jmac

...also, the above tactic may be considered entrapment, and that usually doesn't fly in a court of law.

Oh yes: entrapment and racial profiling both great legal loop holes.....

[Nebe]

sad situation down there if your a charter captain... your screwed if you do and screwed if you dont...

[CowHunter]

Originally Posted by Nebe

sad situation down there if your a charter captain... your screwed if you do and screwed if you dont...

It is a sad situation.... If you obeyed the law and didnt sail in the EEZ you had to find other work if any in real tough times... Those that did sail when the fish were strictly in the EEZ, broke the law, were rewarded, made money while a handful I am sure were caught and fined...

[Nebe]

Originally Posted by CowHunter

It is a sad situation.... If you obeyed the law and didnt sail in the EEZ you had to find other work if any in real tough times... Those that did sail when the fish were strictly in the EEZ, broke the law, were rewarded, made money while a handful I am sure were caught and fined...

Yup..

where was this article posted? Id like to send it along to a friend..

[CowHunter]

Worries again surface over striped bass | delawareonline.com | The News Journal

[Sea Dangles]

Charter captains in this region have a pool which they contribute to in order to cover costs resulting from potential fines. It is truly an us vs. them mentality where the risk is assumed almost universally and cost is defrayed by the pool.

[Slipknot]

Originally Posted by Sea Dangles

Charter captains in this region have a pool which they contribute to in order to cover costs resulting from potential fines. It is truly an us vs. them mentality where the risk is assumed almost universally and cost is defrayed by the pool.

organized crime for fishing regulation skirters

like an office pool all pitch in to buy a mess of lottery tickets, then if they win split the winnings. but the opposite

I say if you can't follow the rules, your boat stays at the dock or out of the water for a period of time, if they'd enforce that or change the punishments, it would help.

[Nebe]

Gracias

[Slipknot]

Remember this thread http://www.striped-bass.com/Stripert...95-what-x.html

[Nebe]

a collective pool to pay for violations and fines is no more than organized crime.

[BasicPatrick]

Increased enforcement because ASMFC has asked because advocates have been doing our thing because anglers are telling verifiable stories and makign them public

I thought thensystem didn;t work when it came to S-B...I know it's jsut a beginning but it is a begining...and a legal and real beginning at that

Well done to all taking part in what we do

[JohnnyD]

Originally Posted by BasicPatrick

Increased enforcement because ASMFC has asked because advocates have been doing our thing because anglers are telling verifiable stories and makign them public

I thought thensystem didn;t work when it came to S-B...I know it's jsut a beginning but it is a begining...and a legal and real beginning at that

Well done to all taking part in what we do

We'll see if the system actually works when the penalties are enforced *after* the appeal process.

Enforcement is fine and dandy, but if there is no significant monetary consequence (and just a slap on the wrist) then this is in no way a win.

[Sashamy]

They tried to extend the line in Mass waters a couple years ago to include Nantucket sound...but that didn't work either...