Forward from Stripers Forever

[dudley]

Dear Striped Bass Fisherman ? our favorite fish is struggling, and Stripers Forever, a free-membership, internet-based organization needs as many members as possible to continue the momentum gained when President Bush recently signed the Executive Order establishing game fish status for all striped bass in Federal waters - the EEZ. Stripers Forever was an importrant part of a collaborative effort to secure this designation. Now we need to get those states that still allow commercial fishing in the near-shore waters to grant wild striped bass game fish status as well. You can be a part of this success but only if you participate.

If you're not already a member of Stripers Forever, here are a few things you should know:

? Membership is free
? There are no meetings to attend
? Everything is done via the internet and e-mail
? Many of the top fisherman in the country support Stripers Forever
? Stripers Forever?s only goal is to make striped bass a game fish, meaning it would be managed for the benefit of the fishing public, now and for future generations


Here is all that you have to do: it will take less than a minute and cost nothing:

? Go to www.stripersforever.org
? Select "Become A Member"
? Complete the very easy to follow sign-up sheet.

This is a critical time for striped bass. Help Stripers Forever successfully advocate to protect wild striper populations by Making It A Game fish.

[mdram]

what no one is saying is it was illegal to harvest sriped bass in the eez before. this order has 0 impact on the eez

[Gigmaster]

Stripers have always been a gamefish here in Ga., both fresh and salt water. As far as I know, they are not threatened anywhere within their range. What is the big deal?

What do they do with commercially caught stripers? I have never seen one in a grocery store or fish market, at least not in the Southeast.

[dudley]

Gigmaster
Here's the FAQ page from the Stripersforever web site
I hope it answers some of your questions
http://www.stripersforever.org/Info/faqs
You might also want to read the Southwick Study link

[mdram]

herese a little info on how it affects 1 state

Maryland. officials say Bush's fishing order won't affect state much

By Brian Witte|The Associated Press
3:29 PM EDT, October 20, 2007
President Bush's initiative to encourage conservation of striped bass and red drum won't have much effect in Maryland because the state already carefully monitors striped bass health, state environmental officials said today.

Bush chose the Chesapeake Bay Maritime Museum in Talbot County on Maryland's Eastern Shore as a backdrop to announce an initiative that tasks the commerce secretary to encourage states to promote recreational fishing while limiting commercial fishing for striped bass and red drum.

Eric Schwaab, a deputy secretary with the Maryland Department of Natural Resources, said that Maryland law requires "fair and equitable allocation of fishery resources among user groups."
"While allocations do shift over time for various environmental, social and economic reasons, these are decisions that Marylanders should make for Maryland, in close consultation with our neighboring states along the Atlantic Coast," Schwaab said in a statement.

Schwaab also said Maryland environmental officials constantly monitor the health of the striped bass stock, and the state currently faces "many more pressing fishery management concerns." Those concerns include protecting the health of the Chesapeake Bay and its tributaries and restoring critical oyster populations that filter water and provide aquatic habitat, Schwaab said.

The state also wants to ensure adequate forage fish, like menhaden, which are needed to feed the striped bass population.

Rep. Wayne Gilchrest, R-Maryland., attended the waterside news conference and described the president's initiative as an important step toward protecting ocean ecology.

"I think we can bridge the gap between commercial and recreational fishing, restoring the nation's fisheries and ending overfishing," Gilchrest said.

But Larry Simns, president of the Maryland Watermen's Association, said he didn't believe the president's initiative was needed because striped bass are one of the healthiest stocks of any fish on the East Coast. Striped bass, which also are called rockfish, also provide valuable income to Maryland watermen in slow winter months, Simns added.

"It's a big portion of the watermen's livelihood during that winter portion when there's nothing else for them to harvest," Simns said.

Maryland state law limits the number of commercial harvesters of striped bass to 1,231. In 2006, the Maryland Chesapeake Bay quota was 2.1 million pounds, which was nearly met, according to DNR.

After overharvesting nearly wiped out the striped bass, a fishing ban in the 1980s led to a remarkable rebound in the species.



http://www.baltimoresun.com/news/loc...0,632751.story

[mdram]

also if stripersforevers wants to help the striped bass they need to get behind this bill, but im sure they will praise it if its passed


110th CONGRESS 1st Session

H. R. 3840
To prohibit commercial fishing of Atlantic menhaden for reduction purposes in inland, State, and Federal waters along the Atlantic coast of the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

October 16, 2007
Mr. SAXTON (for himself and Mr. GILCHREST) introduced the following bill; which was referred to the Committee on Natural Resources


A BILL
To prohibit commercial fishing of Atlantic menhaden for reduction purposes in inland, State, and Federal waters along the Atlantic coast of the United States, and for other purposes.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Atlantic Menhaden Conservation Act' .

SEC. 2. FINDINGS.

The Congress finds the following:

(1) Atlantic menhaden are a key piece of the Atlantic ecosystem, from Florida to Maine.

(2) Serving as a vital link in the food chain, Atlantic menhaden are a primary source of food for striped bass, bluefish, weakfish, Spanish mackerel, seals, and whales, and are favored by seabirds like loons and ospreys.

(3) Atlantic menhaden help maintain water quality by feeding on plankton and decaying plants. In aggregate in the Chesapeake Bay, these valuable living resources have the ability to filter a volume of water equal to the entire bay in less than one day.

(4) The Chesapeake Bay, the biggest estuary in North America, is a prime Atlantic menhaden nursery ground for the whole east coast, yet populations there are at historic lows. Juvenile fish are especially low, which is a key indicator of a dwindling population.

(5) The Chesapeake Bay is also a major spawning ground for striped bass, which are popular with anglers. Many striped bass in the bay are suffering from malnutrition and disease, and the declining Atlantic menhaden population may be a big factor.

(6) Industrial harvests of Atlantic menhaden for reduction purposes are the primary source of fishing mortality.

(7) In 2006, Addendum III to the Interstate Fishery Management Plan for Atlantic menhaden established a precautionary cap on harvesting of Atlantic menhaden . However, there is no scientific basis to establish whether the level of harvest allowed by such plan is sustainable.

( More research and studies are needed to determine the health of Atlantic menhaden populations, but the danger signs clearly point to the need for protection measures now for what is often called the most important fish in the sea.

SEC. 3. DEFINITIONS.

As used in this Act :

(1) The term `Atlantic menhaden' means members of stocks or populations of the species Brevoortia tyrannus.

(2) The term `coastal State' means--

(A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina;

(B) the District of Columbia; and

(C) the Potomac River Fisheries Commission established by the Potomac River Compact of 1958.

(3) The term `coastal waters' means--

(A) for each coastal State referred to in paragraph (2)(A)--

(i) all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and

(ii) the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone;

(B) for the District of Columbia, those waters within its jurisdiction; and

(C) for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958.

(4) The term `Commission' means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by the Congress in Public Laws 77-539 and 81-721.

(5) The term `exclusive economic zone' has the meaning given such term in section 3(6) of the Magnuson Act (16 U.S.C. 1802(6)).

(6) The term `fishing' means--

(A) the commercial catching, taking, or harvesting of Atlantic menhaden for reduction purposes, except when incidental to harvesting that occurs in the course of commercial or recreational fish-catching activities directed at a species other than Atlantic menhaden ;

(B) the attempted commercial catching, taking, or harvesting of Atlantic menhaden for reduction purposes; and

(C) any operation at sea in support of, or in preparation for, any activity described in subparagraph (A) or (B).

The term does not include any scientific research authorized by the Federal Government or by any State government.

(7) The term `fishing for Atlantic menhaden for reduction purposes' means fishing that harvests Atlantic menhaden that are reduced to meal and oil.

( The term `Magnuson Act' means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(9) The term `moratorium area' means the coastal waters with respect to which a moratorium is in effect under section 5.

(10) The term `moratorium period' means, with respect to the coastal waters of a coastal State, the period beginning on the date of the enactment of this Act and ending on the day on which the Commission notifies the Secretaries that such State has taken appropriate remedial action with respect to those matters that were the case of the moratorium being declared.

(11) The term `Plan' means a plan for managing Atlantic menhaden , or an amendment to such plan, that--

(A) is prepared and adopted by the Commission;

(B) establishes a scientifically determined limit on total allowable landings of Atlantic menhaden ; and

(C) takes account of the role of Atlantic menhaden in the ecosystem.

(12) The term `Secretaries' means the Secretary of Commerce and the Secretary of the Interior or their designees.

(13) The term `Secretary' means the Secretary of Commerce or a designee of the Secretary of Commerce.

SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY COASTAL STATES.

(a) Determination- During December of each fiscal year, and at any other time it determines it to be necessary, the Commission shall determine--

(1) whether each coastal State has adopted all regulatory measures necessary to fully implement the Plan in its coastal waters; and

(2) whether the enforcement of the Plan by each coastal State is satisfactory.

(b) Satisfactory State Enforcement- For purposes of subsection (a)(2), enforcement by a coastal State shall not be considered satisfactory by the Commission if, in its view, the enforcement is being carried out in such a manner that the implementation of the Plan within the coastal waters of the State is being, or will likely be, substantially and adversely affected.

(c) Notification of Secretaries- The Commission shall immediately notify the Secretaries of each affirmative determination made by it under subsection (a).

SEC. 5. MORATORIUM.

(a) Establishment of Moratorium- There is hereby established for the coastal waters of each coastal State a moratorium on commercial fishing for Atlantic menhaden for reduction purposes.

(b) Termination of Moratorium- Upon receiving notice from the Commission under section 4(c) of an affirmative determination regarding a coastal State, the Secretaries--

(1) within 30 days after receiving the notification and after carefully considering and reviewing the comments of the Commission and of that coastal State, shall determine jointly whether that coastal State is in compliance with the Plan; and

(2) shall terminate the moratorium under subsection (a) with respect to coastal waters of that coastal State, if--

(A) a scientifically determined total allowable catch limit has been established under the Plan for commercial fishing for Atlantic menhaden for reduction purposes; and

(B) the Secretaries determine that the State is in compliance with the Plan.

(c) Prohibited Acts During Moratorium- During a moratorium period, it is unlawful for any person--

(1) to engage in fishing within the moratorium area;

(2) to land, or attempt to land, Atlantic menhaden that are caught, taken, or harvested in violation of paragraph (1);

(3) to land lawfully harvested Atlantic menhaden within the boundaries of a coastal State when a moratorium is in effect under subsection (a) for coastal waters of that State; or

(4) to fail to return to the water Atlantic menhaden with respect to which the moratorium applies that are caught incidental to harvesting that occurs in the course of commercial or recreational fish-catching activities, regardless of the physical condition of the menhaden when caught.

(d) Civil Penalties-

(1) CIVIL PENALTY- Any person who commits any act that is unlawful under subsection (bc) shall be liable to the United States for a civil penalty as provided by section 308 of the Magnuson Act (16 U.S.C. 185.

(2) CIVIL FORFEITURES-

(A) IN GENERAL- Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or as the result of, the commission of any act that is unlawful under subsection (c) shall be subject to forfeiture to the United States as provided in section 310 of the Magnuson Act (16 U.S.C. 1860).

(B) DISPOSAL OF FISH- Any fish seized pursuant to this Act may be disposed of pursuant to the order of a court of competent jurisdiction, or, if perishable, in a manner prescribed in regulations.

(e) Regulations- The Secretaries may issue regulations to implement this section.

SEC. 6. CONTINUING STUDIES OF MENHADEN POPULATIONS.

(a) In General- For the purposes of carrying out this Act , the Secretaries shall conduct continuing, comprehensive studies of Atlantic menhaden stocks. These studies shall include, but shall not be limited to, the following:

(1) Annual stock assessments, using fishery-dependent and fishery-independent data, for the purposes of extending the long-term population record.

(2) Investigations of the causes of fluctuations in Atlantic menhaden populations.

(3) Investigations of the role of Atlantic menhaden on water quality and other environmental factors, and the contribution of Atlantic menhaden to the recruitment, spawning potential, mortality, and abundance of Atlantic striped bass populations, including the Delaware River population.

(4) Investigations of--

(A) the interactions between Atlantic menhaden and other fish, including bluefish, Atlantic striped bass, mackerel, and other forage fish or possible competitors, and stock assessments of these species, to the extent appropriate; and

(B) the effects of interspecies predation and competition on the recruitment, spawning potential, mortality, and abundance of Atlantic menhaden .

(b) Socio-Economic Study- The Secretaries, in consultation with the Atlantic States Marine Fisheries Commission, shall conduct a study of the socioeconomic benefits of the Atlantic menhaden resource. The Secretaries shall issue a report to the Congress concerning the findings of this study no later than September 30, 2008.

(c) Reports- The Secretaries shall make biennial reports to the Congress and to the Commission concerning the progress and findings of studies conducted under subsection (a) and shall make those reports public. Such reports shall, to the extent appropriate, contain recommendations of actions which could be taken to encourage the sustainable management of Atlantic menhaden .

SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.

(a) Authorization- For each of fiscal years 2008, 2009, and 2010, there are authorized to be appropriated to carry out this Act --

(1) $800,000 to the Secretary of Commerce; and

(2) $250,000 to the Secretary of the Interior.

(b) Cooperative Agreements- The Secretaries may enter into cooperative agreements with the Atlantic States Marine Fisheries Commission or with States, for the purpose of using amounts appropriated pursuant to this section to provide financial assistance for carrying out the purposes of this Act .

SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MANAGEMENT PLANS AND AMENDMENTS.

(a) Standards and Procedures- In order to ensure the opportunity for public participation in the preparation of management plans and amendments to management plans for Atlantic menhaden , the Commission shall prepare such plans and amendments in accordance with the standards and procedures established under section 805(a)(2) of the Atlantic Coastal Fisheries Cooperative Management Act .

(b) Application- Subsection (a) shall apply to all management plans for Atlantic menhaden , and amendments to such plans, adopted by the Commission.

SEC. 9. PROHIBITION ON COMMERCIAL HARVESTING OF ATLANTIC MENHADEN IN EXCLUSIVE ECONOMIC ZONE.

(a) Prohibition- It is unlawful to engage in, or to attempt to engage in, the commercial harvesting of Atlantic menhaden for reduction purposes in the exclusive economic zone established by Proclamation Number 5030, dated March 10, 1983.

(b) Penalty-

(1) IN GENERAL- Any person who is found by the Secretary after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act that is unlawful under subsection (a), is liable to the United States for a civil penalty. The amount of the civil penalty may not exceed $1,000 for each violation. Each day of continuing violation constitutes a separate offense. The amount of the civil penalty shall be assessed by the Secretary of Commerce by written notice. In determining the amount of the penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed and, with respect to the violator, the degree of culpability, any history of prior violations, ability to pay, and such other matters as justice may require.

(2) REVIEW; FAILURE TO PAY; COMPROMISE; SUBPOENAS- Subsections (b) through (e) of section 308 of the Magnuson Act (16 U.S.C. 1858(b)-(e); relating to review of civil penalties; acting upon failure to pay assessment, compromise, and subpoenas) shall apply to penalties assessed under paragraph (1) to the same extent and in the same manner as if those penalties were assessed under subsection (a) of such section 308.

(c) Civil Forfeitures-

(1) IN GENERAL- Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or the result of, the commission of any act that is unlawful under subsection (a), is subject to forfeiture to the United States. All or part of the vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States under a civil proceeding described in paragraph (2). The district courts of the United States have jurisdiction over proceedings under this subsection.

(2) JUDGMENT; PROCEDURE; REBUTTABLE PRESUMPTIONS- Subsections (c) through (e) of section 310 of the Magnuson Act (16 U.S.C. 1860(c)-(e); relating to judgment, procedure, and rebuttable presumptions) shall apply with respect to proceedings for forfeiture commenced under this subsection to the same extent and in the same manner as if the proceeding were commenced under subsection (a) of such section 310.

(d) Consequential Effects on Existing Law- The Atlantic States Marine Fisheries Commission shall promptly take action to amend the Plan to take into account the prohibition established under this section on the commercial harvesting of Atlantic menhaden for reduction purposes.

SEC. 10. ENFORCEMENT.

A person authorized by the Secretary or the Secretary of the department in which the Coast Guard is operating may take any action to enforce a moratorium declared under section 5(a), or to enforce the prohibition in section 9, that an officer authorized under section 311 of the Magnuson Act (16 U.S.C. 1861) may take to enforce that Act . The Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal department or agency and of any agency of a State in carrying out that enforcement.

SUMMARY
"H.R.3840
Title: To prohibit commercial fishing of Atlantic menhaden for reduction purposes in inland, State, and Federal waters along the Atlantic coast of the United States, and for other purposes.
Sponsor: Rep Saxton, Jim [NJ-3] (introduced 10/16/2007) Cosponsors (1)
Latest Major Action: 10/16/2007 Referred to House committee. Status: Referred to the House Committee on Natural Resources. "

[dudley]

NEWS ? WASHINGTON, D.C. ? Congressman Jim Saxton introduced legislation to bolster the stocks of Menhaden (Bunker).
?Menhaden are an important part of the food chain,? Saxton said. ?It is strongly suspected that they are a primary food source of game fish that are crucial to Jersey Shore tourism. I?m not telling fishermen anything they don?t know. What?s good for menhaden is good for the stripers and the blues.?

Menhaden stock appears to be on the decline. They are believed to be a food source for ospreys, loons seals, whales and other marine life that live or visit the Jersey coastal areas and fish such as weakfish and Spanish mackerel. Because menhaden themselves feed on rotting sea vegetation and plankton, they have a positive effect on water quality.

Saxton?s bill, H.R. 3840, is modeled after the successful Atlantic Striped Bass Act and establishes a moratorium on commercial Atlantic menhaden fishing for reduction purposes in Atlantic coastal waters until a scientifically-determined catch level can be established that also considers the role of menhaden in the ecosystem and it prohibits commercial Atlantic menhaden fishing for reduction purposes in the U.S. Exclusive Economic Zone that extends 200 miles into the Atlantic Ocean from the coast.
The bill directs the Departments of Interior and Commerce to conduct annual stock assessments, and investigations into population dips and the impact of menhaden on water quality. The bill authorizes a total of up to $1.05 million to pay for the studies.

?Menhaden may not be the daily special at a New Jersey diner, but to a bluefish or striped bass, they?re meat and potatoes,? Saxton said. A copy of the bill is available by calling 261-5801.
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