Summer 2018 making waves

M A K I N G

MakingWaves Waves Summer Summer2018 2016 Making

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The Official Publication of the Recreational Fishing Alliance

Summer 2018

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Making Waves Summer 2018

Proud Sponsor

M A K I N G

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MakingWaves Waves Summer Summer2018 2016 Making

The Official Publication of the Recreational Fishing Alliance

FROM THE PUBLISHER’S DESK

By Gary Caputi Summer time, and the living is easy. Well for some, and we hope the cover of this issue will convey that sense of fishing fun in the sun we associate with July, August and September. Lazy days chasing cobia, snapper, fluke or yellowtail and canary rockfish like our members in Oregon who, through the work of a few dedicated RFA members have a new fishery this year. Read about it starting on page 22!

Here at the RFA it's still work, work, work on the passage of reform legislation to fix the Magnuson Steven Act and to bring some common sense back to the management of recreational fisheries. The problems that exist in the current overarching federal fishery law and the regulatory process developed from it have had unimaginable negative consequences on recreational fishing and the multi-billion dollar industries that exist to provide goods and services to fishermen like you.

The fight to keep longlining out of the Straits of Florida closed areas enters a new phase, and RFA member and representative to the Bureau of Ocean Energy Management gives us a forward view of the inevitability of Wind Farms.

Enjoy the read and get your fishing friends to join and have some great fishing vacation time this summer.

Here's hoping the living and fishing is easy for you.

INSIDE THIS ISSUE From the Publisher’s Desk; Summer of Fishing Fun

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Exec. Director's Report: RFA Call to protect Striped Bass Spawning Stock

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Breaking News: Longline Closed Area Fight Enters New Phase

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Wind Farms are Coming.Are You Ready?

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The Manhattan Cup : Iconic 14 Tournament Reborn RFA Creates Oregon's New- 22 est Rec Fishery Maryland Gets New RFA Chapter

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Breaking News: White Marlin Open Lawsuit

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Fish Shallow for Big Stripers - Capt. Barry Gibson

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RFA News & Views

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About the Cover Summer is all about sunny weather, calm seas and fishing with family and friends.

Photo Credit: Gary Caputi

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Executive Executive Director’s Director’s Report Report By ByJim JimDonofrio Donofrio

Time for ASMFC to Protect the Step Forward on MSA Reform & Striped Bass Spawning Stock Comments on Menhaden Management

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Executive Director's Report continued

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lmost twenty years ago the Recreational Fishing Alliance took on the politically powerful long-line industry to do battle to protect billfish and swordfish stocks from indiscriminate overfishing and bycatch mortality and won a victory in the passage of the Swordfish Fishery Management Plan. The most important tenets of the plan were time and area closures for areas designated as swordfish nursery areas and those where bycatch of juveniles and other billfish were exceedingly high. One of those areas was deemed so important it was closed to long-lining year round.

The waters off the East Coast of Florida have been back in the news a lot this past year. Well known as home to some of the best swordfish, sailfish and marlin grounds in the United States, the attention has not been due to a hot bite, but an exempted fishing permit (EFP) granted to Dr. David Kerstetter of NOVA Southeastern University in August of 2017. It granted access to use pelagic drift long-line gear in an area that was closed to longliners for the past 17 years. Due to a significant public outcry from the recreational fishing community and conservation organizations, particularly The Billfish Foundation, NOVA Southeastern University decided they did not wanted to be associated with such a controversial project. The result of reversal was the permit was withdrawn however, that did not mean the

project wouldn’t resurface.

In November 2017, Dr. Kerstetter reapplied for the EFP under a newly created company called Florida Fisheries Solutions LLC. The details of the exempted fishing permit stated that it will be issued for 3 years and allow upwards of 600 trips and 3,240 longline sets. The purpose of the project is to evaluate the catch rate of various species within the close areas and compare them to those made outside the closed areas. It is strongly suspected that the goal of the project is to ultimately reopen the closed areas to commercial harvest by long-line gear, doing away with their protected status that has benefited pelagic species all these years.

Currently, the closed areas prohibit the use of pelagic long-line gear and extend from roughly Jekyll Island, Georgia down along the east coast of Florida to Key West. It was implemented in 2001

by NOAA Fisheries as part of the Swordfish Fishery Management Plan. The aim was to reduce the high levels of long-line bycatch of juvenile swordfish and billfish in the Straits of Florida and off the entire east coast of the State. NOAA identified these specific areas for the highest levels of protection using years of observer data collected aboard long-line vessels. The wisdom behind the implementation has proven to be instrumental in spurring rebuilding of swordfish, sailfish and mar-

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lin, all stocks that have rebounded since the closure was implemented in 2001.

In 2008, NOAA Fisheries authorized a small scale pilot project in the closed area which was similar in scope to the current proposal but with fewer boats and sets. During that project, 188 longline sets were made yet, 76 billfish were hauled back dead. Based on these numbers, the current project with its proposed 3,240 sets, would account for upwards of 1,310 dead billfish over the course of its three year lifespan. By comparison, the recreational sector is bound to an annual landing quota of 250 marlin—a number it never achieves thanks to angler conservation efforts—while Dr. Kersetter’s project could exceed that limit in bycatch mortality by almost double in each its three years. With stocks of these pelagic species all at much higher levels of abundance since than in 2008, bycatch levels during the proposed EFP project could be significantly higher if it is allowed to proceed. Both blue and white marlin are north-south migrators so the impacts from this project would be felt up and down the entire Atlantic Coast.

The EFP proposal does identify one key problem with which the RFA agrees, but it differs on the approach to addressing it. RFA agrees 100% that when the East Florida Closure and Charleston Bump closures went in effect and removed the longliners from those critical areas we lost a significant amount of “catch per unit of effort” (CPUE) data from the commercial sector.

That data was used in part as an index of abundance. However, RFA believes that bottom or pelagic drift long line gear should not be reintroduced in those closed areas. For that reason, the RFA drafted and submitted proposals to the Stalton-Kennedy scientific grant program to develop a recreationally based hook and line survey to get information on catches of juvenile swordfish, sharks, and other pelagic species. Consistent with the habitual and institutional bias against the recreational sector by NOAA Fisheries, our proposal was not approved despite being scored favorably by reviewers, and meeting numerous funding priorities used for evaluating such proposals.

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Jump ahead to the present, NOAA Fisheries still does not recognize or utilize recreational swordfish data from the East Florida Closed Area for assessment purposes despite the growing concern that the U.S. could potentially lose swordfish quota during the ICCAT process. Instead NOAA approved the use of commercial longline gear in these areas where it was already proven to cause significant conservation and bycatch issues. The recreational fishing community has every right to be infuriated. Getting better data from the waters off of Florida is in everyone’s best interests, but longline gear is simply not the right gear to be used on these important fishing grounds. NOAA Fisheries needs to drop the unjustified bias against using recreational gear for research and acknowledge that real efforts need to be made to utilize recreational hook and line gear to gather important catch per unit effort and abundance information. Allowing indiscriminate longline gear into areas where it has been documented to cause significant dead discards of juvenile swordfish and billfish is a slap in face of the recreational fishing community.

So to be perfectly clear, the position of the RFA is not that we don’t support greater science efforts in the Florida closed areas, it is that we believe the most appropriate gear to do that research is recreational hook and line gear. RFA also believes that NOAA Fisheries needs to immediately start developing an abundance survey that utilizes this gear for swordfish, marlin, sailfish and other important fisheries.

The RFA, industry partners and conservation organizations such as The Billfish Foundation will continue to fight against NOAA Fisheries issuing an exempted fishing permit that would allow longline boats back into the closed areas. Check back to www. Joinrfa.org for updates.

Are you an RFA member? There is strength in numbers and we need your support to continue the important work we do. Please go to www.JoinRFA.org and sign up today or call 800JOIN-RFA.

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espite some opposition from recreational and commercial fishermen, it appears that offshore wind turbines are coming to the mid Atlantic ocean. Leases have been awarded to various developers, investors have committed the funds, the Federal government is heavily involved and state governments are excited about the jobs, taxes and clean energy benefits.

Although some would argue that it doesn't make financial sense, there are those that see it differently and are charging ahead. Adding to the likelihood is the fact that as the industry grows around the world, offshore wind is becoming more economical. One report states that the cost of offshore wind turbines has dropped 70% since 2010.

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scale 'micro siting' within these areas. Those of us who fish along our coast need to take advantage of this opportunity to protect our interest and known productive fishing areas. While most of us on the recreational side believe that this additional offshore structure will improve our fishing success, we need to be concerned about exactly how the turbines will be spaced, what access will be allowed, the long term negative effects such as scouring around the turbine foundations and other issues.

For those recreational fishermen who have not followed this issue, here are a few points you need to consider when developing an opinion on offshore wind. This is presented from the perspective of a recreational fisherman who is not an The sites we have seen identified on various web expert in the wind energy field. These points pages are the currently defined lease areas. come from a variety of publicly available publica[http://bit.ly/2KAuPXH] The Bureau of Ocean tions and presentations. As I hope you do with Energy Management (BOEM), which is part of all data you receive on any major issue, take the US Department of the Interior (DOI), has these points at face value, consider that things asked for fishermen to be involved with the finer are changing daily, and search for additional in-

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formation if you have any doubts.

winds exceed those limits.

One of the links posted here takes you to the MidAtlantic Regional Council on the Ocean (MARCO) web site. Feel free to explore this site at your leisure, it contains an unbelievable amount of overlays illustrating who uses the ocean, where they use it, where their port is and other information.

3. Locations

1. Turbine Sizes At the moment it appears that the next turbines to be installed in the mid Atlantic area will each have an output of approximately 6 megawatts.

These will have a hub height of approximately 650 feet with blades that are somewhere around 540 feet long. This provides a blade clearance above mean high water of somewhere around 90 feet. The exact dimensions will vary between turbine manufacturers, developers, foundation types and output ratings. It is my understanding that turbines with output ratings of 8 megawatts are now being produced and that 10 and 12 megawatt units are in the final development stages. At least one university is working on the feasibility of a 50 megawatt turbine, which would have a tip height equal to the height of the Empire State Building. Future plans for hundreds if not thousands of wind turbines to be installed along the coast make it critical that fishermen and their representatives are involved early on.

To date, the vast majority of offshore turbines are installed in waters with depths of less than 160 feet. The gradually sloping Atlantic continental shelf, its close proximity to large, energy consuming population centers and the nearby power grids are some of the features that make this area so attractive to developers. The recent development of floating turbine foundations secured to the ocean floor by cables may bring wind farms to waters of much greater depth. The first of these are now being tested in Europe.

As I understand it, one of the reasons Virginia

2. Tower Arrangements The 6 megawatt turbines will be spaced approximately one mile apart with larger turbines requiring additional spacing. They will be arranged in a pattern that is based on the prevailing winds for the particular area and spaced such that the first turbines do not block the wind to the turbines behind them. These modern turbines have automated controls to automatically rotate the Nacelle, which houses the machinery at the top of the tower, to face the oncoming winds and continuously adjust the blade pitch to get the optimum power at any wind speed within the turbine's design limits. The turbines are locked down when the

Turbines planed for the Atlantic seaboard are considerably larger and wider spaced than these. Imagine the hub at 650 feet above sea level and blades 540 feet from tip to tip.

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decided to start with 2 test turbines 24 miles off Virginia Beach is that there were no offshore turbines installed in areas that are subject to hurricanes. Although developers are taking advantage of lessons learned from the European experience, we still have much to learn about offshore turbines in our waters. Since hurricanes are less common at the new Rhode Island site, it may be a while before we have an answer to that question.

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tends to address this by surrounding the monopiles with rip-rap. It would be interesting to know if this was done at the European wind farms that were visited and how the scour around the new monopiles compares to the jacketed foundations with smaller diameter supports.

5. Seismic Testing.

Before selecting the precise location for a turbine, the developer will need to know the characteristics of the ocean floor at the site. As I understand 4. Foundations it, this will require some level of seismic testing.

Foundations vary as well. In the past, the majori- Hopefully it will not require seismic testing at the ty of older, smaller turbines were installed on level needed to determine if fossil fuels exist well monopile foundations [insert graphic]. These below the ocean floor. As you probably know, consist of a single 'pipe', approximately 15 feet in the potential environmental damage from heavy diameter, pile driven into the ocean floor. Some seismic testing in the search for fossil fuels is a madevelopers are considering monopiles of approxi- jor concern to fishermen. mately 20 feet in diameter for the latest, larger 6. When There Is No Wind turbines. The Block Island wind farm off Rhode Island, the first off the U.S. coast, employed jackMany of us are concerned about where the poweted foundations, basically a flat platform with er comes from when there is no wind for the turfour legs driven into the ocean floor. bines or sun for solar panels. One solution already in use relies on fossil fueled turbine generaOne thing to be concerned about with foundation plants currently on the power grid. These tions is scour, the erosion of the ocean floor often have around the an output of base of the well over foundation.

300 megaU.S. fisheries watts each representaand can go tives who from off line have flown to full power over wind in 15 farms in Euminutes, unrope that like the older used monosteam power pile foundaplants that tions have take 24 to 48 witnessed hours to plumes of reach full sediment output. Addown current vances are from the also being farms. At least one of Major concerns for fishermen include impacts on fish habitat made in energy storage the Atlantic that can fill and migration, especially during the construction phase, and coast lease in the gaps. holders inaccess once turbines are in place.

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that currently use the ocean. The following paragraph from BOEM's web site describes how it What I have heard from the Coast Guard so far is was formed and its intended use: that once the turbines are in place we will have the same access that fishermen are allowed "In 2010, a Presidential Executive Order estabaround oil rigs in the Gulf of Mexico. We will be lished a National Ocean Policy (NOP) to guide able to fish up to the towers as long as we do the protection, maintenance, and restoration of America's oceans and coasts. The NOP requires not anchor or tie up to the structure.

Federal agencies to work in a more coordinated, 8. Potential Benefits of Wind Energy goal-oriented framework with states, tribes, and stakeholders. The NOP also calls for the creation Wind energy has the potential to greatly reduce of Regional Planning Bodies (RPBs) to coordinate the amount of carbon dioxide dumped into our and implement regional ocean planning with atmosphere and absorbed by our ocean. We state, Federal, tribal, and Fishery Management can argue about climate change and mankind's Council representatives. The Mid-Atlantic RPB contribution to it and, unfortunately, you can (MidA RPB) was formally established in April probably find as many experts on one side of the 2013. It will leverage existing efforts underway issue as on the other. It can be hard to tell who by states and regional entities, and engage to trust. What is easier to believe is that the stakeholders and technical experts at every key amount of carbon dioxide we are generating is step." damaging our marine environment. The increase in ocean acidification is measurable and is The MidA RPB is made up of representatives already at an alarming level. Although mankind from stakeholders including BOEM, the NAVY, is not the only cause of ocean acidification, reCoast Guard, shipping industry, the Mid Atlantic ducing our emissions can have a substantial efFisheries Management Council, deep sea cable fect. Reducing pollution is never a bad idea. companies, non consumptive users (surfers, whale watcher, etc.), Federally-recognized tribes There are other forms of ocean energy that we in the region, two recreational fishing representwill need to comment on as well. Some of the atives (of which I am one), a commercial fisherpictures I have seen so far of tidal energy systems man and other Federal, state and private sector consist of submerged turbines which look similar stakeholders. It was intended to be a single conto your average kitchen blender. Wave energy tact point for every user group that would be systems of various types are also being tested affected by changes to our ocean. So far, it aparound the world. We need to make ourselves pears that the MidA RPB is not used for its inaware of how these affect fisheries and the matended purpose. The public and other stakerine environment and be prepared to respond. holders are not given the opportunity to provide the input on ocean use issues.

9. Getting Involved 7. Access

How do fishermen get involved? One opportunity is to encourage the fishing organizations you are a member of to contact BOEM and the relevant state agencies and ask how to become involved in the micro siting process and hopefully in the initial citing as well.

Another opportunity is to contact your Federal legislators and ask them to support the MidAtlantic Regional Planning Body (Midas RPB).

This panel consist of representatives from government bodies and private sector user groups

Recreational fishermen have too much to lose if these wind farms are built without our input.

We can either participate to insure that we are included in any decisions that may negatively affect us or let others decide what is best for us.

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n Friday, June 8th the return of the legendary Manhattan Cup Charity Striped Bass Tournament—presented by Yamaha—was held and proved to be a huge success. After a hearty buffet breakfast at the Liberty House 28 boats departed Liberty Landing Marina for a special two column blast off, the columns honoring those who lost their lives in the Twin Towers attack on 9/11. This was the 18th time the event was held, and it is back after a two-year hiatus.

did make for a great day on the water for everyone.”

The FCT Manhattan Cup included fishing teams in private boats fishing alongside boats donated for the day by the area’s top charter and light tackle guides.

Its goals are to highlight the amazing fishery that exists within sight of downtown New York City, provide a great day on the water for at-risk veterans and generate funds for fisheries conservation.

The event is all charity, with donations “The fishing was tough,” said tournato the Fisheries Conservation Trust and ment co-director Capt. Frank Crescitelli, toward sponsoring warriors who were “but some of the teams, including the assembled by our very own Robert Gil, a many donated boats carrying 22 at-risk hero veteran of the Iraq War. He returned veterans attending as tournament’s with physical and physiological wounds guests, caught a mix of striped bass and and credits the Manhattan Cup with savbluefish. Bluebird weather can make it ing his life. Today, Robert is the Cup's hard to put together a good catch, but it official warrior liaison and favorite son.

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nted by

After a full day on the water the boats returned to the docks, the teams turned in their score cards and headed inside for beverages, dinner and festivities inside Liberty House a stone’s throw away from the docks. Crescitelli reprieved his role as master of ceremonies, as raffles and the live auction got underway raising money for the charities. Celebrity angler and astronaut Bruce Melnick— two-time space shuttle veteran and a hero Coast Guard rescue helicopter pilot— address the crowd and then auctioned off autographed replicas of the Shuttles Discovery and Endeavor, which he flew.

Among the many exceptional auction items was a fishing trip for six aboard Wicked Tuna multi-season winner Capt.

Greg Mayer’s Fishing Frenzy out of Oregon Inlet, NC and a $1500 fly fishing outfit by Redington and Sage.

“Many companies stepped up to help us put on the 18th Manhattan Cup,” said tournament co-director Gary Caputi,” and we can’t begin to express our gratitude and the appreciation of our warrior heroes who fished with us. A special thanks to Yamaha Marine for taking on the top sponsor roll recognizing the importance of this very special event.”

Sponsors included Yamaha, Liberty Landing Marina, Costa del Mar, Gray Taxidermy, Yeti, D&R Boat World, Raymarine, Mojo Sportswear, Maui Jim, AllTackle.com, AFW/ Hi-Seas, Pettit, Tony Maja Tackle, Tsunami Tackle, The Fisherman Magazine, Princeton Tec, Interlux, the Recreational Fishing Alliance, Guides Secret Fishing Gear, Fin Chasers TV and Mustad. Thank you all for donating.

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Manhattan Cup Champion Largest Striped Bass Overall– Steve Liesmann fishing with Capt. Howard Owens

Bluefish Categories: Largest Bluefish Private Boat – Al Ristori fishing with Guy Talarico Largest Bluefish on Artificial – Bruce Melnick fishing with Capt. Frank Crescitelli Largest Bluefish on Bait – Rick Dunn fishing with Capt. Vince Trapani Largest Bluefish on Fly – Steve Liesmann fishing with Capt. Howard Owens

Striped Bass Categories: Largest Striped Bass on Private Boat– Marc Kennis fishing with Dave Rooney Largest Striped Bass Artificial – Karl Anderson fishing with Capt. Howard Owens Largest Striped Bass on Bait – Steve Liesmann fishing with Capt. Howard Owens Largest Striped Bass on Fly – Robert Gil fishing with Capt. Frank Crescitelli Smallest Striped Bass - Alex Folmar fishing with Capt. Pete Santero High Hook Award - Roger Totten fishing with Ted White

Warrior Division: Largest Bluefish – Robert Gil fishing with Capt. Frank Crescitelli Largest Striped Bass – Roger Totten fishing with Capt. Ted White

Celebrity Division: Largest Bluefish – Bruce Melnick fishing with Capt. Frank Crescitelli Largest Striped Bass – Kim Melnick fishing with Capt. Frank Crescitelli

Gray FishTag Division: Capt. Dave Rooney - 4 Striped Bass Tagged in 3 Hours

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Capt. Howard Owens and angler Steve Liesmann take home the 2018 Manhattan Cup for largest striped bass..

Capt. Ted White (right) and Army Veteran George Hicks hold a nice bass prior to release on board the Ruthless.

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Co-Tournament Director Capt. Frank Crescitelli (left) with Manhattan Cup Warrior Liaison Robert Gil.

Capt. Dave Rooney’s group put the most Gray FishTags into striped bass (4) in the shortest amount of time (under 3 hours) to win a 50inch striper mount care of Gray Taxidermy.

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Innovative thinking and ten years of dedicated work by members of the RFA-Oregon Chapter have given saltwater anglers a new lease on a traditional fishery.

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A pair of yellowtail rockfish come over the side on an early experimental trip to prove the new longleader gear.

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Observer coverage was mandated on all of the early experimental trips testing the new Longleader gear during the EFP.

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"When I see the amounts of vibrant canary rockfish that are being displayed at the Charleston The main types of suspended rockfish are yellow- fillet tables as a result of the new offshore longtail, widow and canary, however, any of the folleader fishery, it brings me back to those days of lowing rockfish can be caught and kept during a yore. We've had nothing but positive experienclongleader trip: redstripe, greenstriped, silvergray, es with the new fishery." bocaccio and chilipepper rockfish. The current limit is 10 rockfish per person, per day of those Sharky can also be picky as far as which fish he combined species. Anglers are not allowed to decides to target. fish both the offshore longleader fishery and inshore rockfish on the same trip. Lingcod are also "I get mostly yellowtails but canaries are what not permitted to be kept on an offshore longlead- people really like to see come up on their line. But I think that the yellowtail rockfish are a far superier trip. Retention of black rockfish, blue rockfish and other nearshore rockfishes are not permitted or fish as far as (meat) recovery goes. And they're the best eating. That's the fish that I would want as well. to take home. So I ask my clients what they want To keep appraised of further developments on to catch. I'll ask them, 'Do you want to catch the long-leader fishery, visit ODFW these yellowtails or do you have your eyes set on Reprinted with permission at dfw.state.or.us/MRP. Clicking onof "Sport a bunch of orange fish.'"

Groundfish" will take you to a list of long-leader And Wayne Butler, the co-inventor of the longoptions. leader fishery has also done extremely well out of How Successful is the Longleader Fishery? Limits the Port of Bandon. of ten canary rockfish are common as you can see by the photo below courtesy of sharkyschar- "After they did the closure on us, I did run longleader trips toward the end of the season and we terfishing.com. did fantastic," noted Butler. "It's a little bit of an "When I was a boy, I remember stacks of colorful inconvenience do deal with that 30-foot drop fish piled head high on ice at Bodega Bay and sinker. But when you get by that, the fishing is other ports," John "Sharky" Blanchard told us. great and the catching is great! The way I'm looking at this is that I'll have two trips to sell now. I'll sell either a nearshore 5 fish and 2 lingcod trip, or I will sell a little more expensive 8-hour offshore 10-fish longleader trip." not fishing directly on the bottom.

This story was written with considerable help from Larry Ellis author, outdoor writer, columnist and photographer. He has had a 50-year passion for fishing in California and Oregon's saltwater and freshwater venues and is a well-known writer for Oregon, Washington and California Fishing and Hunting News, Northwest Sportsman, California Sportsman and Pacific Coast Sportfishing.

He currently writes monthly for Salmon-TroutSteelheader Magazine, and is the author of two books, "Plug Fishing for Salmon" and "Buoy 10, the World's Largest Salmon Run." Ellis particularly loves living in his hometown of Brookings, Oregon - The heart of salmon country and gateway to fishing paradise

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MARYLAND GETS NEW RFA CHAPTER Holds Kids Fishing Tournament Seeks New Members

by John Wallach, Club and Chapter President

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recent addition to RFA, as a chapter affiliate is the Maryland North Bay fishing Club. This club has some long standing history, dating back about 20 years. Located at the very top of the Chesapeake Bay, and primarily fishing an area of the Bay called the Susquehanna Flats, where the Susquehanna River flows into the northernmost corner of the bay and

the water ranges from brackish to fresh.

Here our members spend their fishing time mostly rockfish (striped bass), large mouth bass, white perch and catfish. The Susquehanna River is a major spawning river for a contingent of what makes up the Atlantic striped bass population and is known for its awesome spring catch and release fishery for cow stripers that stage

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on the vast Flats area near the river's mouth prior to making the run upstream.

It's an interesting area because you can catch striped bass and largemouth bass in many of the same areas along with the white perch that are so common to brack-

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our monthly meetings and a good showing of volunteers for our youth outreach tournaments.

Many of the members are veterans and our monthly meetings are held at the

The Maryland North Bay Fishing Club, in the process of forming the newest RFA Chapter, at their most recent kids fishing tournament and picnic held at the North East town park. ish water areas in the State. It is also one of the most beautiful areas of Maryland with a lot of farms and stables scattered along the river banks and inland.

VFW in the town of North East. The VFW donates the facility for our use and we cook for them one evening a month in appreciation, nothing fancy , of course. We The club dates back about 20 years, with always have a featured speaker for our some of the original members still actively members at our meetings, usually along participating in our functions and fishing the line of fishing tips or safety, but also with fellow members. We currently have have had speakers on hunting, reptiles, about 90 members, with about 30 or wildlife, invasive species and the like. more members in attendance at each of

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Our club is dedicated to improving recreational fishing and the health of the Chesapeake Bay and its’ tributaries. Each year, we participate in Bay clean-ups, and community educational programs.

Department of Natural Resources, and Excelon Corporation, with emphasis on the preservation of eagles and their concentration at Conowingo Dam in November each year. It is suggested that you Of particular interest to us, is introducing “Google” “Eagles of Conowingo Dam” to the next generation to the joys and bene- appreciate this annual occurrence. fits of recreational fishing and toward that The club recent voted to approach the end the club sponsors two kids’ tournaRecreational Fishing Alliance to inquire ments each year at local upper Bay parks. about having our club become an affiliate Members provide all equipment, bait and because of the work the organization has the basic knowledge to kids age 3 to 16, done in the past and continues to do now to help the not only experience the sport to benefit recreational fishing, conservain a safe and interesting manner, but to let tion our interests as fishermen. Not long them experience just how much fun fish- after we received a warm welcome ing can be. In today's world of video aboard from John DePersenaire and Jim games and negative influences fishing Donofrio and we are in the process of and the comradery associated with it can completing the paperwork and setting up make a big difference in how a child a special bank account for RFA work here grows up and what they become later in in Maryland. We would also like to extend life. Our club hopes to make a small differ- an open invitation to any current individuence a few kid's lives through an introduc- al members of the RFA who might like to tion to the outdoors and the sport we all get involved with our work locally and on a State level in the future. We are please to love so much. become an affiliate of the RFA and look At each event, we also provide a picnic forward to continued growth as part of lunch for kids and their parents, all at no this organization. Persons interested in charge to participants. Our most recent contacting our group should email the event was June 9, at the town park of North East, Maryland. We had winners in President, Mr. John Wallach at jwalall three of our age categories, each earn- lach@zoominternet.net. ing gift cards from the local Walmart. We provide a little interest for the fish also, with a little canned corn chumming, in advance. All fish caught are quickly released by our attending members.

"We're thrilled that members of the Maryland North Bay Fishing Club have chosen to become affiliated with the RFA," said John DePersenaire, RFA Managing DirecThis year, for the first time we will partici- tor. "We look forward to their members becoming strong supporters and activists pate in a special educational program at Conowingo Dam along with a number of within the RFA to help us forward our conservation and fishing rights concerns other environmental organizations. This event will be sponsored by the Maryland in Maryland and Nationally."

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xcitement builds as the boat approaches Harbor Island with a large white marlin on board, after a day of fishing the White Marlin Open. When the fish is weighed, it takes the top spot on the leaderboard and could be worth millions of dollars in the "World's Largest and Richest Billfish Tournament." But how will the tournament directors and participants know if the angler caught the fish fairly, in compliance with all the rules of the tournament? That was the question that arose in a court case involving the 2016 White Marlin Open.

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plied the rules of the 2016 tournament.

One of the winning anglers in the 2016 tournament and his crew members did not pass polygraph examinations, which were required under the rules of the tournament to ensure compliance with the rules. Based on the polygraph examination results, White Marlin Open did not pay the prize money of over 2.8 million dollars to the angler. Instead, to protect the integrity of the tournament and to act in fairness to all participants, White Marlin Open directors had acted appropriately in whit holding the money from the angler.

IN a two-week trial, White Marlin Open On March 28, 2018, the United States Court of Appeals for the Fourth Circuit af- put on evidence of appropriateness of the polygraph examinations, and the reasonafirmed the decision of the United States District Court for the District of Maryland bleness of its actions in withholding the prize money under the tournament rules. in White Marlin Open, Inc. V. Phillip Heasley, Case No. 17-1901. In the District The court verified that White Marlin Open Court, the Honorable Richard D. Bennett applied its rules in a fair manner and had ruled that White Marlin Open properly ap- the authority to use polygraphs as a way

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to verify that the rules of the tournament were not violated by the winning anglers.

White Marlin Open was represented at trial on appeal by David Wyand, a partner at Rosenberg Martin Greeberg in Baltimore, Maryland, and Joseph Moore, A partner at Williams, Moore, Shockley & Harrison in Ocean City, Maryland.

The case has numerous implications for fishing tournaments and the anglers who fish in them, First the case reaffirmed that polygraphs are a common and important part of enforcing the rules in big-money fishing tournaments. The court found that the White Marlin Open rules specifically required anglers to take polygraph examinations if requested by the tournament directors. Because this requirement was written into the rules, the tournament was entitled to rely on polygraph results.

The angler's challenges to the validity of polygraphs were not successful because all participants agreed to submit to a polygraph upon request. Tournaments that want to use polygraphs should make sure that their rules clearly provide for polygraphs. The White Marlin Open also put on evidence supporting the validity of polygraphs and their use in fishing tournaments.

Polygraphs are necessary because the fishing competition occurs in a vast area out in the open ocean and the tournament directors cannot be on every boat.

Often, the only witnesses are the people

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on the boat, who stand to gain from the prize money. Other methods of ensuring compliance with the rules, such as having observers on boats, have not worked well for tournaments like the White Marlin Open. Second, the case demonstrated the importance of the anglers reviewing the rules of the tournament prior to the competition. Tournament polygraphs will focus on whether of not the angler complied with the rules. In the 2016 White Marlin Open case, the angler attempted to challenge the polygraph by arguing, among other things, that he had not fully read the rules. But that argument did not excuse the failure to pass the polygraph examination.

Finally, although it was not a major issue in the 2016 case, anglers required to take polygraphs should not try to cheat the test. Most polygraph examiners will be able to easily detect these methods, known as countermeasures. If the examiner detects countermeasures, the angler will not pass the test, and the examiner will report back to the tournament directors that the angler tried to alter the test.

The case regarding the 2016 White Marlin Open demonstrated the importance of the polygraphs in fishing tournaments.

The directors of the White Marlin Open vigorously defended the use of polygraphs in order to enforce the rules and to keep the tournament fair for all participants.

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love fishing for striped bass in shallow water. I’ve caught the majority of my trophy stripers – from 25 to 53 pounds – in less than six feet of water, and many of these fish inhaled baits in water that barely covered their backs.

appear as an injured fish being swept down-tide. Once your offering is well past where the bass may be holding, reel it back and set it out again.

How do you find productive locations?

Look for structure. Stripers love rocky ledges and islands at the edges of bay mouths or down-tide of emptying mud flats. These areas offers cover for the bass, plus habitat for green crabs, juvenile lobsters, and baitfish, and free-drifting forage tends to get pushed up against these hard edges by the current. If the water is three to six feet deep and moving at one or two miles per hour as the tide ebbs, you’ve likely found a good spot.

You can troll plugs or tube-and-worm rigs around ledges and islands and catch fish, but the fact is that bass do much of their feeding in the wash where waves meet the rocks. The force of the waves dislodges crabs and other shellfish living in the crevices and submerged vegetation, and also disorients baitfish, making for easy pickings. If you can find an outcropping or island near a river mouth that has current flowing along its edge, particularly from an outgoing tide, you’ll have the ingredients for a hot spot.

When the current slows towards the bottom of the tide, you can often simply leave Stripers of every size, including the big the rig in the zone as long as the bait cows, feed voraciously when shallow bays doesn’t rise to the top and spin. Often all and flats drain during an outgoing tide. you’ll see is a big boil as a bass engulfs it!

Seaworms, grass shrimp, crabs, baitfish, For this scenario I like a seven-foot spin and other creatures of the mud funnel seaward as the flat or bay empties, making outfit and 17-pound mono. Big bass often for easy meals. Bass often position them- hit very hard in shallow water, and take off at full bore. I’ll wait a few seconds, and selves in, or move slowly through, prime locations with their noses into the current, then quickly in reel any slack and slowly lift the rod tip in order to set the hook. grabbing these morsels as the current sweeps them by.

Right in the Rocks

I like live bait in this scenario, particularly tinker mackerel or herring. I’ll anchor up about 60 feet up-tide of the spot, and deploy a nose-hooked bait on a 5/0 octopusstyle circle hook snelled onto four feet of 25-pound fluorocarbon leader under an egg-sized plastic or balsa float.

This is the ideal chunk-casting situation from a boat drifting with wind or tide. Unless seas are very calm, however, one person should remain at the helm at all times to keep the boat near enough to the structure to present a bait, but far enough out The tactic is to let the bobber and bait drift to maintain safety. And, always keep the bow pointed into the waves in case you back with the current into the zone. The bait will struggle against the float and will need to quickly move away from the

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shoreline.

The tactic here is to cast a live bait, whole dead bait, or chunk right up against the rocks. Even if the island or ledge drops right off to a depth of 50 feet or more, stripers will often do much of their feeding in the top two or three feet where the rock slopes away from the ledge or shoreline..

Making Waves Summer 2018

there’s an onshore breeze, and take a comber into the boat.

A good bait is a chunk of mackerel or pogy. Live eels work great too, especially when the bass are feeding aggressively, but again, will try and escape to deeper water if they’re not picked up right away.

I’ve found that beach stripers often feed more aggressively during the last two Chunks or fillets of mackerel or pogies are hours of an incoming tide and the first ideal, although bigger bass sometimes re- two of the outgoing, although I’ve taken spond better to a whole dead bait. Live 25-plus-pound fish at virtually all stages. eels also work well, but like other live baits, tend to quickly swim away from the Hey, striper fishing is one of the few activities where “shallow thinking” really ledge towards the protection of deeper water unless they’re engulfed immediate- shines! ly.

The take-away here is that the wash right up against the rocks is where the action will likely be. Once your bait sinks down ten feet or so, reel it in and re-cast.

Bass in the Breakers Big stripers can be caught in the surf along sandy beaches, as we all know.

When fishing from a boat, the tactic is to ease in as close in towards the beach as possible, turn the boat around so you’re heading bow-out (into the waves) and then cast your bait shoreward as far as you can.

Again, however, safety is paramount.

Someone needs to be at the boat’s controls at all times, tempting as it is for the operator to grab a rod and fish as well.

You’ll need a reliable depth sounder to make sure you don’t get pushed in too close and risk a grounding. It’s very easy to get turned sideways, especially if

RFA New England Regional Director Barry Gibson was lead editor at Saltwater Sportsman magazine for nearly a quarter century, but he has been a striped bass angler and six-pack charter captain most of his adult life. When he talks striped bass tips and techniques it's a good idea to pay attention.

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RFA NEWS & VIEWS

RFA Open Letter to the Gover- levels due to overfishing and environmennor of Maine on the Elver Issue tal degradation. Almost all other states June 1, 2018 Governor Paul LePage Office of the Governor #1 State House Station Augusta, ME 04333 Dear Governor LePage: It has come to the attention of the Recreational Fishing Alliance (RFA), a national 501(c)(4) political action organization that has been representing individual sport fishermen and the sport fishing industry since 1996, that the time has come to prohibit elver harvesting in the state of Maine.

The recent discovery of elver sales being conducted outside the state-defined process and therefore unrecorded at some level, raises a serious warning flag. Wellfunded environmental groups will use this as further ammunition to list the American eel under the Endangered Species Act (ESA). According to the Atlantic States Marine Fisheries Commission (ASMFC), the eel resource along the U.S. East Coast is “depleted,” and at or near historically low

(excluding SC, which has a tiny elver quota compared to Maine), have prohibited the harvest of elvers for years.

If in fact eels become listed under the ESA, the ramifications for Maine and other coastal states will be staggering. The listing would likely affect and even prohibit waterfront development and the issuance of building, dredging, and other permits, and place temporal and spatial restrictions on commercial/recreational fishing/ shellfishing/lobstering, eco-tourism, and other activities. An ESA listing would cause exponentially greater economic harm to Maine (and other states) than the $21.7M in annual revenue that the glass eels currently produce. The RFA realizes that this revenue is important to Maine (although it is just 2.1% of all state commercial fishing revenues) but we feel it is

time for Maine to follow the others states and shut down this operation that targets juvenile eels.

The RFA has great respect for Maine’s commercial fishermen, but elver “harvesting” is not commercial fishing as we know it, but more in line with drug dealing. When a substance or resource

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worth tens of thousands of dollars can be can carried in a personal cooler designed to accommodate a 12-pack of beer, there is obviously going to be participation by folks (which currently include members of organized crime and motorcycle gangs) who are totally disconnected with true “commercial fishing.” This is in part why Maine has chronic compliance problems in the elver harvesting sector, problems that will continue to escalate in the future, just as in the illegal drug trade.

Governor LePage, elver harvesting has run its course. Illegal operations due to its $2,400 per pound value, jeopardize the health of this fragile resource and a whole host of legitimate and valuable fishing and development activities should eels become listed under the ESA. Do not let anyone tell you that “ASMFC says it’s OK for Maine to harvest elvers at the current rate.” ASMFC is very nervous about Maine’s impact on elvers and adult eels and the resulting non-compliance, but unfortunately would not likely prohibit harvesting until an ESA listing becomes reality, and by then it will be far too late.

Game over.

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Codfish Regs North vs. South Frustrate Anglers

By Capt. Mike Pierdinock, RFA Massachusetts Chairman This is an article about cod anglers that could be sub-titled “The Haves and Have-

Nots North and South of the 42 Latitude Line”

If you fish north of the 42 Latitude line you have to deal with zero cod possession in federal and state waters, but if you fish south of this line your daily bag limit has likely been reduced from unlimited (by the time this article is published) to 10 cod at 24 inches per angler per day. Whether north or south of the line, most anglers are disgusted with zero cod possession and the reductions to 10 cod at 24 inches per angler, respectively. How can this be?

The National Marine Fisheries Service (NMFS) manages Gulf of Maine (GOM) and Georges Bank (GB) cod as separate and distinct stocks north and south of this line. An evaluation of our cod stocks will soon be taking place by the United States and Canada as part of NOAA’s Atlantic Cod Stock Structure Working Group Please do the right thing and shut down https://www.nefsc.noaa.gov/saw/ elver harvesting in your state before it is acsswg/. We can only hope that the pretoo late. Environmental groups are gear- sent stock management approach will ing up to petition for an ESA listing, but a change and be reflective of our observatimely shut-down of the fishery would go tions on the water as well as recent cod a long way towards thwarting that effort. studies that indicate the mixing of the It’s up to you.

GOM and GB cod stocks further described below.

Sincerely,

JD

Jim Donofrio Executive Director Recreational Fishing Alliance

There was formerly a year-round cod fishery for recreational anglers and the forhire fleet north of the 42 line in the West-

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ern GOM in such areas as Stellwagen Bank National Marine Sanctuary. In 2003, Amendment 13 to the Northeast Multispecies Management Plan imposed a charter boat restriction of ten cod as the daily bag limit. Additional limits were implemented in 2006 that included an increase in the minimum size of GOM cod from 22” to 24” and a closed season from Nov. 1st through April 1st. This five-month closure reduced the charter boat cod fishing season by 42% More Regs Pile On In 2009, this seasonal closure was increased by an additional action implemented under Framework 42, which increased the closed season on codfish for for-hire vessels during the first 15 days in April. All these measures where intended to help increase the level of cod biomass in the GOM. But stocks of GOM cod subsequently plummeted soon after the implementation of the flawed catch share system. We could have an entire discussion about the demise of the cod stock and whether it was a result of the flawed catch share system that triggered non-stop pulsed commercial fishing pressure in our waters, climate change, Carlos Rafael’s illegal fishing and reporting, or a combination of all of these factors, but I will leave such details for another day. Ultimately, in 2016, the April 15th to October 31st fishery was reduced to what it is today, zero cod possession north of the Latitude 42 line.

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season and bag limits, since the more haddock we catch, the more cod we are told we will catch and release with a supposed 15% release mortality, which eats up our cod annual catch limit (ACL), resulting in zero cod retention. We will be leaving some 2,000 tons of recreational haddock quota in the water instead of landing it for food on our tables.

Cod Do Cross the Line As described above, NMFS manages the cod stocks separately north and south of the 42 line. NMFS appears to believe that the cod don’t cross this line, but that is far from the truth. NMFS’ perception contradicts the findings set forth in The Spatial

Ecology of Atlantic Cod in the Gulf of Maine by Jake Kritzer and Steve Cadrin,

dated January, 2012, that indicates that cod in the GOM, especially in the western areas, migrate during the winter months down to Coxes Ledge and areas off of Block Island. For years there has been a winter fishery south of the 42 line in areas south of the 42 line.

These are cod spawning areas noted by NOAA in the Omnibus Essential Fish Habitat Amendment 2, dated October 25, 2017, and New Habitat Protections for

Young Cod-New England/Mid Atlantic dated January 3, 2018. Egg-laden cod,

some of which migrate from the GOM, are being landed during the winter months south of the Latitude 42 line. So if GOM and GB cod stocks are mixing, how is it equitable for anglers north of the 42 latitude We have tremendous numbers of haddock in the GOM yet we are limited in our line to have zero cod retention, while

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those below it are allowed to retain 10 cod per day?

of the line would better reflect the fact that these two stocks are mixing. Many of I am in no way advocating a closure of the us are hoping that this will become a reality. stock south of the 42 line, but feel a reasonable bag limit for anglers on both sides

2018 Gulf of Maine Codfish, Haddock Regs Disappointing

By Capt. Barry Gibson Some 2,000 tons of recreational haddock quota – an astounding amount – will be unavailable to anglers this season simply because of the projected sport-caught cod “bycatch.”

Several months back, it was announced by the National Marine Fisheries Service (NMFS) that the 2018 recreational quota for Gulf of Maine cod was going up a bit from the 2017 level, from 157 metric tons (mt) in 2017 to 220 mt in 2018. Not a big increase, but our haddock quota, on the other hand, went up nearly 200%, from 1160 mt in 2017 to 3,359 mt this year.

This news initially triggered some genuine optimism on the part of New England’s bottom fishermen.

However, these increases won’t translate to a single extra fish for the recreational sector, and in fact the had-

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dock bag limit actually stayed the same.

Here’s why.

There was zero possession of recreational cod all during 2017, but according to NMFS we exceeded our quota by 76 mt simply due to the fish that supposedly died (NMFS says claims there’s a 15% “release mortality”) when the cod we caught were released. So, even though not a single recreational cod was allowed to be landed, we “caught” more than our allowed quota – according to NMFS.

Making Waves Summer 2018

caught as bycatch. And in addition, the recreational haddock season will again be closed from April 15 to April 30, and from September 16 to November 1.

It’s painful to realize that some 2,000 mt (that’s 2,000 tons , folks) of recreational haddock quota – an astounding amount – will be unavailable to anglers this season simply because of our projected bycatch of sportcaught cod. And what makes it even more painful is that NMFS’ data on recreational cod and haddock catches are pretty sketchy in many cases, So, if we ‘removed” 233 mt of cod in and prone to high degrees of error 2017, and the new quota is 220 mt, if and uncertainty. NMFS even agrees, everything stayed the same we were but says there’s little they can do predicted to go over our quota again about it, and that “it’s the only data this year via release mortality. The in- we have to work with.” crease in cod quota, therefore, I have to tell you, these increasingly doesn’t help us a bit. restrictive recreational measures for Now, in order to keep the total cod cod and haddock each year are really release mortality to an acceptable starting to get old. Just ask any party 220 mt level, we’re going to have to or charterboat operator who targets hook, at the most, the same number New England groundfish. – Capt. Barof cod we hooked in 2017, and pref- ry Gibson, New England Regional Dierably fewer. rector So, first off, no retention of cod in 2018 whatsoever. Zero. Nada. And although the recreational quota for haddock has tripled, NMFS is sticking with the 2017 bag limit of 12 fish per person, so that anglers don’t spend any more time than necessary to catch their limits. A low bag limit, NMFS believes, will result in less angler time on the water, which theoretically will result in fewer cod

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M A K I N G

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The Official Publication of the Recreational Fishing Alliance

The RFA Mission Safeguard the rights of saltwater anglers Protect marine, boat and tackle industry jobs Ensure the long-term sustainability of our nation’s fisheries.

Anti-fishing groups and radical environmentalists are pushing their agenda on marine fisheries issues affecting you. The Recreational Fishing Alliance (RFA) is in the trenches too, lobbying, educating decision makers and ensuring that the interests of America’s coastal fishermen are being heard loud and clear. Incorporated in 1996 as a 501c4 national, grassroots political action organization, RFA represents recreational fishermen and the recreational fishing industry on marine fisheries issues on every coast, with state chapters established to spearhead the regional issues while building local support.

“The biggest challenge we face is the fight to reform and bring common sense and sound science into the fisheries management process, says James Donofrio, RFA founder and Executive Director.

“Anti-fishing and extreme environmental groups are working everyday to get us off the water.” Despite the threats to diminish access to our nation’s resources, Donofrio says that RFA offers members hope in an organization that’s designed from the ground up to fight back. “As individuals, our concerns will simply not be heard; but as a united group, we can and do stand up to anyone who threatens the sport we enjoy so much – fishing!”

After nearly 20 years working inside the Beltway and within state capitols along the coast, RFA has become known as one of the nation’s most respected lobbying organizations, and our members have a lot to celebrate.

The Recreational Fishing Alliance Headquarters P.O. Box 3080 New Gretna, New Jersey 08224 Phone: 1-888-JOIN RFA toll free Fax: (609) 294-3812

Jim Donofrio Executive Director

John DePersenaire Managing Director

Gary Caputi Corp. Relations Director

Barry Gibson New England Director

Jim Martin West Coast Director

Sharon Scaltrito Office Manager