[Francis]

Hey guys,
OK, So I read Cod wars, and several other book about EEZ's and the trails and tribulations of the history of commercial fishing. Essentially, Britian and other European countries started sending out high dollar "modern" ships to harvest cod a few miles off the coast of Iceland. Iceland protested because they were more used to a less modern style of fishing and their fisherman did not have a chance against these huge ships. After several incidents and tons of political mumbo jumbo the EEZ was born.

Extending out from one's coastline you essentially have the rights to harvest the water. I understand this. What I do not understand is the next step. Why does this relate to not being able to keep stripers more than three miles off shore. Who has the right to keep them? Can they be commercially harvested by anyone, or, did the US just state that these waters are protected, using the EEZ as their means for doing so ? Also, is it run state by state, or federally?

Also, and more importantly, how come I can catch and release rockfish out of season at the bridge tunnel or any power plant all year and not get harassed by anyone including the Coast Guard (like after 9/11 when they anchored up at CCNPP and just watched all day) but for some reason in the ocean the Coasties are warning everyone to move on if they catch a rockfish, or they will be cited for harassing the species and issued tickets.

Does anyone have a clear answer?

I don't understand. This makes no sense to me.

 

[heimdall]

When the moratorium was put in effect for Stripers, the Feds passed a law saying the Striped Bass could not be fished for (Yes Fished For) in the EEZ. This meant no harvest for anyone and also no catch and release for rec anglers.

The feds have never rescinded the law, so far.

The law is in the US code for those who want to find it.

 

[paxfish]

EEZ is 3 miles to 200 miles, I think. It's a good thing - It protects our coastal stock. It is enforced by the feds. And C&R is not legal in the EEZ

State laws are enforced by State. CCNP is state waters and C&R is legal all year in that area. USCG wasn't watching your for fishing violations...

 

[Francis]

If that's the case, this should be a major political point for recreational light tackle anglers to jump on in this region.

Studies have shown that correct catch and release mortality is very low with little damage to the fish. Why not open up some of the best striper fishing in the world to catch and release fishing.

Make it fishing with lures only, with a gear restriction, and barbless hooks.

First organization that gets it done makes headlines everywhere. Major press. They would be light tackle heros and the fishery would not suffer either.

 

[rhahn427]

Francis ........ it's Pandora's box ........ if you crack the door for your interests then other groups will want their interests too and then the EEZ is worthless ........

Just enjoy the CBBT ...... with the Moritorium the fishing at CBBT will only get better .......

 

[paxfish]

If that's the case, this should be a major political point for recreational light tackle anglers to jump on in this region.

Studies have shown that correct catch and release mortality is very low with little damage to the fish. Why not open up some of the best striper fishing in the world to catch and release fishing.

Make it fishing with lures only, with a gear restriction, and barbless hooks.

First organization that gets it done makes headlines everywhere. Major press. They would be light tackle heros and the fishery would not suffer either.

So, the ASMFC governs the rules out there on the EEZ. And they believe C&R mortality to be somewhere around 6 to 8%. So when they look at the overall mortality, across the states, that they are willing to take, that would be taken into consideration. Meaning, the estimated mortality would have to be subtracted from each state's allocation.

Personally, I have no problem with having an area where the rockfish can migrate freely, without harrassment.

 

[SteveL]

Francis,

First the legal disclaimer: The opinons expressed in this posting are soley my own and do not represent the views of any organization or agency.

Its a jurisdictional issue, generally the individual states (sometimes through the activities of interstate commissions like ASMFC) manage fisheries in state waters (generally from the coastline to three miles out) and the Feds (NOAA National Marine Fisheries Service see NOAA Fisheries - National Marine Fisheries Service) manage fisheries in federal waters (generally 3 to 200 miles offshore) under the Magnuson-Stevens Act (MSA).

A number of years ago the feds closed all federal waters to rec and comm fishing for striped bass and for red drum and have kept those fisheries closed under the MSA. Part of the challenge is that the MSA does not distinguish between comm and rec fishing, there is generally no legal basis under the MSA to prohibit comm and allow rec fishing. If the US EEZ were opened for striped bass harvest, then comm fishermen from the entire eastern seaboard could harvest stripers anywhere in the EEZ (such as off VA and NC in winter) and then land them in their individual states subject to state regulations. Its possible that the feds could change the regs and allow striper catch and release in the EEZ, but for now all striper fishing is prohibited including catch and release.

Considering that the entire Ches. Bay striper spawning stock is sitting just off the coast of VA and NC during most winters, and they are getting hammered pretty hard by recs when in state waters in VA and NC a few months prior to spawning season, effectively providing a "safe refuge" for those fish in federal waters is good for conservation, but of course many or most rec fishermen would like to be able to fish for them.

I am an avid rec fisherman and I harvest a lot of fish and I do a lot of catch and release fishing. I believe that the C&R mortality is very low in cold water, but there have been very few if any studies of the adverse effects of the stress of C&R on spawning success. The stress effects of C&R of pre-spawn fish could negatively affect reproduction. Coast-wide we are hitting the big stripers pretty hard--just look at the CBBT reports, at the MD Ches Bay reports from late this season, etc.

I for one am glad that the state of MD prohibits C&R for stripers in the spawning rivers, and the federal closure supplements those protections for pre-spawn fish to some degree. In my opinion this is a very good thing for the fish.

 

[iFishMD]

While catch and release may not be legal in the EEZ, you cannot help the by-catch when blue fishing ;-)

 

[Market Price]

While catch and release may not be legal in the EEZ, you cannot help the by-catch when blue fishing ;-)

Can one even get 3 miles offshore in a single outboard dory?

 

[Scott McGuire]

It's actually the MAFMC that governs the EEZ (3-200 miles) - But ASMFC manages Stripers.

Mid-Atlantic Fishery Management Council - Home Page

Atlantic States Marine Fisheries Commission

 

[27 sailfish]

From what I understand - the various sportfishing groups do not want the EEZ opened up.

There was talk a few years ago about opening it up to recs and comms. but common sense says to give the fish a break.They get hammered 10 months out of the year - the EEZ provides some safety to them.

Our C/R fishing in the main stem of the bay and the special flats season gives us plenty of good C/R fishing.

The milder winters often see plenty of Rock inside the EEZ.You might need to go way south some years.

 

[Francis]

Alright guys, I get it. It's complicated. And having a safe free base for rock I guess isn't necessarily a bad thing.

While I understand the whole bluefish thing the fact is that while nothing prevents you from fishing for "bluefish" near gannets and gulls past three miles in the ocean, nothing prevents the Coast Guard from being able to do a three hour "safety inspection" of your vessel either.

 

[SteveL]

Francis,

My understanding is that the Coasties (who, as part of their long list of duties, conduct at-sea Federal fisheries enforcement for NMFS) use some prosecutorial discression when dealing with catch and release fishing of stripers in the EEZ. If they see fishermen repeatedly C&R stripers in the EEZ they will take action. If there are some blues or other species mixed in they may be more flexible than they would otherwise be. Kind of like MD DNR on the susky in the spring above the flats. If you hook a striper on a shad dart the DNR enforcement folks may be ok with that, cast a large spoon at the mouth of Deer Creek and say you are "shad fishing" and they will take action.

Crow Bait,

The MAFMC, along with the other 7 regional fishery management councils, are part of the complex federal fisheries management process under the Magnuson-Stevens Act.

 

[Scott McGuire]

You're right steve. I was only talking about the EEZ nearest to us.

 

[paxfish]

Alright guys, I get it. It's complicated. And having a safe free base for rock I guess isn't necessarily a bad thing.

While I understand the whole bluefish thing the fact is that while nothing prevents you from fishing for "bluefish" near gannets and gulls past three miles in the ocean, nothing prevents the Coast Guard from being able to do a three hour "safety inspection" of your vessel either.

The way they managed that during our moratorium was by gauging intent. If you were observed catching striper, you were obliged to move. And told to move and you risked a citation if you persisted.

 

[TerpHeels]

How many of u guys have been boarded outside 3 and what was your experience? Just intested in knowing...

 

[reeltor]

Never, but haven't been out more than 20 times.

 

[iFishMD]

I dont ocean fish often but my father who keeps his boat along the coast and fishes the ocean regularly said off of NJ they were watching the boats who were fishing at the 5 fathom bank and periodically checking the boats as they came in to see what they had on board. They never bothered the boats who were fishing.

 

[rocksteady]

How many of u guys have been boarded outside 3 and what was your experience? Just intested in knowing...

I was boarded last year just outside of Fenwick Island(Not Fenwick) Shoal . Larry Jock of Coastal Fisherman pulled up along side of us and told us that the "Man" was on his way . Funny , I wonder how he knew that ? We were having a blast C&R on what were mostly 24 to 27" rockfish with a healthy dose of 8 to 10lb bluefish in the mix . We were in a fleet of over 20 boats over a pretty good sized area . Some were trolling , some jigging . Anyway , we just continued about our business when on the horizon to the southwest we see a boat approaching at a high rate of speed . Sure enough it was the "Man" . We weren't worried as we weren't trying to keep any fish other than a few blues for the smoker . After boarding 3 or 4 other boats , they came over to us . There were 6 guys aboard the boat , 3 Coasties and 3 DNR guys . First time I ever saw that . They continued to search the boat completely . They opened all the fish boxes and coolers , even opened a hatch and checked the bilge . It was then when they informed us that it was illegal to "harass" the rockfish . I had never heard this before . We just said heck with it and headed to the inside where we eventually found some more fish but not before we saw them bust at least 3 or 4 other boats . Just as we were getting ready to leave , another boat took off to the south in what looked to be an attempt at sneaking away without getting checked . The"man" was hot on their heels and ended up busting them too . Yesterday as we were coming back through the inlet , the "Man" came racing up behind us and we readied to be checked . It was not to be as they just headed straight into the commercial harbor to their facility . I have heard that they are using aircraft in the CBBT and VA Beach area to monitor illegal fishing and a healthy dose of tickets have been handed out down there this year already .

 

[Francis]

They are not only taking photographs by helicopter they apparently have a dummy charter boat designed to troll with the fleet only the rods have no hooks on them and they are actually taking pictures out of tinted glass cabin windows at boats catching rockfish.

I was boarded at the Chesapeake Light Tower in January last year. Even though I had my current Coast Guard Auxiliary safety sticker (stating I was inspected and passed less than a year ago) I was still asked for registration, boaters license (because I was born after 1972) flares, etc etc etc. After I gave my registration over they called it in and it took a very long time for them to come back to my boat. They then searched everything on the boat. They even took all the rope out of my anchor locker. I had my yellow fishing jacket rolled up in a ball and tucker in under the bow. They unrolled it to make sure I was not hiding any fillets inside it.

I don't mid them doing their jobs and I certainly didn't have anything to hide, but I would rather not go through that ordeal more than I have to.