Striped Bass Gamefish act of 1984 - HB2655...and Updates

[DarkSkies]

This act was presented by various groups who saw the strides that were made in the recuperation of the striped bass stocks from the 1982 Moratorium.

These people had the foresight to realize that nothing good lasts forever unless there is a system of checks and balances.

I'm going to try to post up about this important bill which was signed into law by President Bush.

This began back in 1984. There have been amendments and re-visits to the act until 2003.

Each year, there are legal challenges from people who want to open the EEZ to commercial or recreational fishing.

It's my hope that those who might not have been aware of this legislation can check in here and familiarize themselves with it.

What the act did:
1. Made the Atlantic Striped bass a Gamefish in the EEZ (Federal waters).

2. Established an Exclusionary Economic Zone (from 3-200 miles out) or EEZ, where fishing for striped bass was prohibited by Commercial and Recreational fishermen.

Anyone who wants to post related articles or stories on this topic in here, please feel free.

Thanks guys and girls.

[DarkSkies]

The bill was shuttled back and forth in Congress for many years.

I believe the latest amendments were made in 2003. Still checking my facts on that though.

Here's a pdf of the testimony from 12-26-95

http://www.archive.org/stream/atlant...0unit_djvu.txt

[DarkSkies]

The way I understand it, the bonus tags now available to NJ rec fishermen are the result of Comm fishing being closed down in NJ. We get that allocation.

While I have gone on record as saying the bonus tag system should be eliminated, the implications are far-reaching.

It's not as simple as just pulling the program and moving on. That allocation then goes back to the Atlantic States as a shared allocation for them, and not us.

I still feel we need to dismantle the rec bonus tag program because of all the abuses. I just wanted to explain a little further that the answers in fisheries management are not always cut and dried.

[finchaser]

Guess you didn't believe my post the other day feel better now

[storminsteve]

Here's an easier read on that Dark -


ATLANTIC STRIPED BASS CONSERVATION ACT
16 U.S.C. § 1851 note, October 31, 1984, as amended 1986, 1988, 1991 and 1993.
Overview. This Act recognizes the commercial and recreational importance of Atlantic striped bass and establishes a consistent management scheme for its conservation. Coastal states that fail to adhere to the required management plan are subject to a striped bass fishing moratorium enforced by the federal government. The Act also requires an annual survey of striped bass fisheries in the coastal states.

Findings/Policy. Congress found: Atlantic striped bass have historic importance and economic benefit to the Atlantic coastal states and the nation; certain stocks of Atlantic striped bass are severely reduced in number due to increased fishing pressure, pollution, loss and alteration of habitat, and inadequate fishery conservation practices; because no single governmental entity has full management authority for the fish, state regulation has been inconsistent and intermittent, resulting in harm to their long-term maintenance; effective interjurisdictional species conservation and management is in the national interest. The purpose of the Act is to support and encourage the development, implementation and enforcement of effective interstate conservation and management of the Atlantic striped bass. § 1851 note (§ 2).

Selected Definitions. Coastal States: Pennsylvania; states bordering the Atlantic north of South Carolina; District of Columbia; Potomac River Fisheries Commission. Commission: Atlantic States Marine Fisheries Commission. Plan: Interstate Fisheries Management Plan for Striped Bass prepared by the Commission, dated October 1, 1981 and all amendments related to striped bass fishing. Secretaries: Secretary of Commerce and Secretary of the Interior. § 1851 note (§ 3).

Plan Compliance and Moratorium. The Commission must determine at least annually whether each coastal state has adopted all regulatory measures necessary to implement the Plan, and whether each coastal state's enforcement of the Plan is satisfactory. The Commission must notify the Secretaries of any negative determination. If the Secretaries jointly determine that a coastal state is not in compliance with the Plan, they must declare a moratorium on fishing for Atlantic striped bass within the coastal waters of that state.

During a moratorium, it is unlawful to: catch, take or harvest Atlantic striped bass, or attempt to do so, within the restricted area; land or attempt to land Atlantic striped bass taken in violation of the moratorium; land lawfully harvested Atlantic striped bass within the boundaries of a coastal state under moratorium; fail to return to the water Atlantic striped bass to which the moratorium applies that are caught incidental to commercial or recreational harvesting. Violation of these prohibitions is subject to civil penalty imposed by the Secretaries. Vessels used in violation, along with fish taken, are subject to forfeiture to the federal government.

The Secretaries are responsible for enforcing moratoriums declared under this Act. By agreement, to enforce the Act the Secretaries may use personnel and facilities of federal agencies and coastal state agencies, and enforcement authorities provided in the Magnuson Fishery Conservation and Management Act. § 1851 note (§§ 4 and 5).

Annual Survey. The Secretaries must conduct a comprehensive annual survey of the Atlantic striped bass fisheries. The survey, to be published in the Federal Register, must include a compilation and assessment of the recreational and commercial landings of the species in the coastal states. § 1851 note (§ 6).

Appropriations Authorized. Congress authorized appropriations necessary to carry out the Act for fiscal years 1986-1994. The Secretaries may use appropriated funds to support financially the Commission's functions under this Act. § 1851 note (§ 7).






This was the beginning of new legislation for a few species
http://www.jstor.org/pss/1312277

[DarkSkies]

^ Thanks for the contribution, Steve.


**********
I'm going to be adding to this thread, and talking about modern day options, why some could work, and why others could not.


Fin has been doing some research and should get credit for some of the links you see posted going forward.


We had a long discussion about this the other day.

There are various movements out there now, to try and work with the numbers of striped bass we have now, instead of the final option of another moratorium.

1. The 1 @ 32" pledge
2. Pledges to better release fish to decrease fish mortality of striped bass, along with ASMFC focus on this
3. C&R pledges and movements cropping up on facebook and other social media
4. Movements to eliminate fishing during Spawning in spawning areas (this already occurs, to an extent, in the Chesapeake)




I think many of us would prefer any option..... to an act where the fishery is shut down for rebuilding. If there was a shutdown, that could be devastating for a lot of Captains, tackle shops, and small businesses.....
There are specific reasons why some could make a difference, and some may not have a chance of happening.
I'll try to talk more about these options, and what we can do, in the coming months......
Thanks to any and all who can add further contributions to this thread....