November 2, 2004

Toni Kerns

Atlantic States Marine Fisheries Commission

1444 ‘Eye’ Street, Northwest #600

Washington, D.C. 20005

Dear Mrs. Kerns:

On behalf of the Garden State Seafood Association (GSSA) I would like to submit comments regarding Addendum XV to the Summer Flounder, Black Sea Bass, Scup Fishery Management Plan.

As you know I participated in the “ Industry Workshop” that was held in Philadelphia on September 27th-28th. While I believe it was a productive discussion, we could not agree on one specific option or method by which to address discards that occur in fisheries outside of the directed fishery for summer flounder. As for the issue of changing the current states quotas, there was no new information or rationale that would justify a change or allow me to support an option that would change the historical allocation percentages among the states.

I am convinced that ultimately the individual states are responsible for implementing regulatory measures that would overcome the issues associated with lower quotas and to address possible discards. For example please consider the actions taken by the State of New Jersey to address discards. New Jersey State Regulation 7:25-18.12(i) provides for ten percent, not to exceed 200,000 pounds, of annual summer flounder quota be allocated each year for bycatch landings. Furthermore according to the Proceedings of the Summer Flounder Bycatch and Regulatory Discards Workshop (Final Report July 2003). “Currently a 15% bycatch set-aside for each state is recommended in the FMP, but states are not required to implement the set-aside to be in compliance.” We believe that this type of approach should be implemented in all states and become a regulation in the Fishery Management Plan for Summer Flounder.

At this time there is no option that we can support. We respectively request that no action be taken until there is a sufficient amount of time provided so that discussions can take place with representatives of the commercial industry and with fishery managers. This would allow us to arrive at fair solutions that would adequately address the issues associated with a recovering summer flounder resource.

We support a scientific analysis to determine the extent of the discard problem in the groundfish fishery. If a discard problem exists we would consider supporting a dedicated coast-wide set-aside for summer flounder and an appropriate way to monitor those landings. Furthermore, a socio-economic analysis needs to be completed to quantify the advantages and disadvantages of altering the historic quota allocation and to determine whether any change in allocation solves the issues identified by states with lower quotas.

I feel strongly that if any new arrangement or change to the allocation of future fluke quotas are adopted during the Commission’s November Meeting it be done in conjunction with the stipulation that those states that receive additional quota, take action to address those situations that have exacerbated the issues associated with lower historical quotas. Those situations include inadequate trip limits and permitting scenarios that have in some cases allowed new entrants into the fishery who never participated in the summer flounder fishery. These states are obligated to address these problems to promote the efficient use of whatever quota they have and make sure that those historical participants are the beneficiaries of a recovering summer flounder resource.

Sincerely,

Gregory P. DiDomenico

Executive Director

Garden State Seafood Association