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Management of marine finfish such as summer flounder, black sea bass and bluefish, which are all extremely popular species for recreational fishers in Delaware, is a complicated process. All of the Atlantic coast states, including Delaware, have jurisdiction to formulate laws for managing fish within an area extending from the state shoreline out to three miles. The Federal Government has jurisdiction to formulate laws for managing fish from the three mile state boundary seaward out to 200 miles. This authority was granted to the Secretary of Commerce by Congress in 1976 through the Magnuson-Stevens Fishery Conservation and Management Act, which also established eight regional fishery management councils in the United States. The Councils recommend fishery management measures to the Secretary of Commerce through the National Marine Fisheries Service (NMFS). The decisions made by the Councils are not final until they are approved, or partially approved by the Secretary of Commerce through NMFS.
The Mid-Atlantic Fishery Management Council (MAFMC) is responsible for managing thirteen species of marine organisms that are harvested by both recreational and commercial fishers. Summer flounder, black sea bass and bluefish are just three of the thirteen species managed by the Council. Since fish move between boundaries without regard for spatial jurisdictions, the Council’s fishery management plans (FMP) must be coordinated with the states through the Atlantic State Marine Fishery Commission (ASMFC) and adjacent Councils such as the New England Fishery Management Council and the South Atlantic Fishery Management Council. Summer flounder, black sea bass and bluefish are jointly managed among these agencies in an effort to implement a compatible conservation management system within federal waters (EEZ) as well as in state waters.
Seven states (New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia and North Carolina) comprise the MAFMC. There are 21 voting representatives of whom seven represent the constituent states’ fish and wildlife agencies. One voting member is from the federal government representing the National Marine Fisheries Service’s Northeast Regional Administrator. Thirteen are private citizens knowledgeable about recreational or commercial fishing or marine conservation that are nominated by the governors of their respective states and appointed to the Council by the Secretary of Commerce. There are also four non-voting members representing the ASMFC, the U.S. Fish and Wildlife Service, the U.S. Department of State and the U.S. Coast Guard. The Council meets six times a year, alternating meeting sites within the member states of the Council. Council meetings normally last three or four days, depending on the number and complexity of issues that must be addressed at each meeting. All meetings are open to the public, except for sessions in which the Council deals with personnel and litigation issues. All Council meetings are recorded and verbatim transcripts of the meeting are stored at the Council office, and the transcripts are also posted on the Council’s website (www.mafmc.org).
The Council works from an agenda, which is posted on the Council’s website and distributed to those on the Council’s mailing list and email list. The Executive Director works with the Council Chairman and Council staff in developing the agenda. In order to place an item on the agenda one should talk to the Executive Director, suggest the item at a Council advisory body meeting, or suggest the item during the Council’s public comment period. Draft agendas for the Council meetings are emailed to Council members for input two weeks prior to finalizing it for submission to the Federal Register.
The Council management process is based on fishery management plans (FMPs). An FMP is a set of management objectives and strategies. FMPs are initially developed, and then amended over time as stock conditions change and fishing practices also change. In this decision making process, the Council is required to use the best scientific information available and to meet the National Standards of the Magnuson-Stevens Act. In addition, other Federal laws must be followed as they may pertain to aspects of the FMP. Public comment is encouraged and invited during this FMP development process. This can be accomplished during a Council meeting after being recognized by the Council Chairman or through participation in one of the species advisory groups or by providing written comment which is accepted during the public hearing process that occurs when an FMP is developed or amended.
The MAFMC will address annual quota setting issues for summer flounder, scup, black sea bass and bluefish at the August Council meeting. At this meeting Council staff present the most up-to-date information available regarding the status of these stocks. In addition, recommendations from the Council’s Science and Statistical Committee, Monitoring Committees and Advisory Committees will be reviewed and considered during the discussions regarding the setting of harvest quotas for these four species. After considerable discussion, the Council will vote to adopt a quota recommendation for each species which will be forwarded to the Secretary of Commerce with the necessary administrative record detailing the Council’s justification for the recommendation. If adopted by the Secretary these quota recommendations will become federal law.
Recreational management measures for the upcoming fishing season for summer flounder, scup and black sea bass and bluefish are addressed by the Council which meets jointly with the ASMFC Boards at the December meeting. It is necessary to wait until December to insure that most of the recreational harvest data collected through the Marine Recreational Information Program (MRIP) is available for inclusion in harvest estimates, which are a key measurement of the success or lack of success in achieving the various harvest caps for each species. For example, until the recreational harvest numbers for Delaware’s 2011 summer flounder fishery were finalized, it was not evident if the 87,500 fish harvest cap required for the 2011 fishing season had been exceeded. If Delaware’s 2011 harvest had been higher it would require the development of more stringent management measures for the 2012 fishery. Conversely, if the 2011 harvest estimates were significantly lower, management measures could be liberalized. The final harvest estimate was 66,820 fish, slightly below the 2012 cap and the ASMFC approved status quo management measures for Delaware during the 2012 summer flounder season. Once again, all Council meetings are open to the public and public comment is welcome at Council meetings. If you want to contribute to the quota setting process or wish to comment on future recreational management measures you have the means to do so through the Council system.
