I have long opposed the inadequate quota system that has stunted the growth of New York’s commercial fishing industry by unfairly discriminating against New York fishermen to the benefit of other states. In an April 2018 meeting, the Mid-Atlantic Fisheries Management Council approved a Summer Flounder Commercial Issues draft amendment that rejected the motion of the New York representatives to add provisions that would more adequately address the state-by-state quota inequity in the fluke fishery. The Mid-Atlantic Fishery Management Council and Atlantic States Marine Fisheries Commission have since been soliciting public input on the draft amendment. In a public comment period that ended on October 12, I, and various other stakeholders, called for the development of two additional options to the Summer Flounder Commercial Issues draft amendment, to negotiate new state quota shares of summer flounder, and to include coastwise quota and management of summer flounder. My submission stated:

“I am writing as the elected New York State Representative of the 1st Assembly District that is greatly dependent upon the commercial fluke fishery. The state-by-state quotas created by the Mid-Atlantic Fisheries Management Council and the U.S. Department of Commerce's National Marine Fisheries Service, pursuant to the Magnuson-Stevens Act, are based upon faulty and incomplete collection data, which discriminate against commercial fishermen in the State of New York. As a result of these discriminatory practices, New York’s quota for a number of species of black sea bass, bluefish, scup, and fluke are much lower than would be allocated under a fair non-discriminatory system. New York's summer flounder quota was less than half of that allocated to Rhode Island, New Jersey, Virginia, and North Carolina. This inequitable and discriminatory quota system is crippling the economic viability of New York’s commercial industry and has resulted in unwarranted economic and job losses. An amendment of this kind is vital.�

It is imperative for the federal government to correct this injustice that has plagued the New York State commercial fishing industry for far too long. In 2013, Governor Cuomo visited Montauk and promised to sue the federal government over the state’s low share of the East Coast fluke fishery. That promise was reiterated again by the Governor in late 2017. This spring, instead of bringing litigation, the state filed a petition with the U.S. Department of Commerce protesting the quota. There has been no reported response from the federal government.

If favorable action is not taken by the federal government to amend the quota system and adequately adjust New York’s allocation by the end of the year, the State must keep its promise to protect our fishing industry, challenge these quotas, and bring litigation to fight for our fair share.