I have a few moments before I have a meeting, so here's just a few points for everyone to consider:
The biggest problem that NY has is that there are a lot of BSB and scup in and near to our state waters.
The next biggest problem NY has is that state allocations were made based on the distribution of fish landings (estimates) back in the eighties. Nobody thought that fish stocks would move.
Allocations and landings are not in any way based on populations of a state. They are based on MRIP, which is a poor method, but it is all that is available. The best way to improve the method is to put more money into surveys/intercepts. No government spends money on fish.
Now, some more things, not necessarily in order of importance or significance:
Fish stocks have shifted over the past forty years. Some places have the same amount of fish as they did while others have experienced a doubling or quadrupling of what they had. This has changed the relative distribution as based on the benchmark landings used to make up state shares. However, more states seem to have a smaller share of fishes than states that have gained relative shares. States that hold a larger percentage of allocation than is reflected in the current distribution are obviously not going to be open to re-allocation.
Having more fish available, but holding the old allocation percentage leaves you with the perception that the fishery is being mismanaged. And, to some extent (on a state-by-state level), it is. This is the political issue of fisheries management.
Our management system does a great job or rebuilding over-fished stocks, but is poor at managing rebuilt or "over" abundant stocks such as BSB and scup. In my opinion, just as a biomass has strict measures to build a stock that is below the threshold (50% target biomass), there should be measures to fish down a stock that is double the target biomass.
Fluke in NY is going to be status quo regs. Why is that? Because there aren't as many as there were ten years ago, we aren't landing as many as we used to, so we are not getting tougher regs. The same concept exists for states that are seeing less BSB in their area than they used to. Most of NJ does not catch BSB the way they used to, so they get better regs, which intends for them to keep up their historical landings.
The more fish of a species that are available and therefore landed/killed (release mortality) in and around a state, the tougher the regs will be.
It was mentioned about regs for BSB up north, and how they are almost self-regulated due to the availability of the fish. An open season when fish aren't available looks attractive to a different place that has the fish available.
Ct. vessels that fish in NY state waters on Ct. regs are violating regulations, clearly, not technically. This is a failure of enforcement.
Having regs for water bodies instead of states is a great concept, and it has been attempted. However, some states are not interested in having different sets of regs, which is disappointing. Also, it gets tricky with demarking boundaries. But I still endorse the concept over state lines and state territorial waters.
BSB is regulated on a coastwise basis, but the Commission ends up with state regs or regional regs, whatever they decide.
Some summations:
If you have more fish available to you that you remember from forty years ago, you cannot have the same, or even decent, regs unless you get a huge change in the management system. When you see a place with attractive regs, you will notice, if you look at their landings, they aren't catching what you think they would.
NYS DEC does not decide what NY gets as an annual allocation. They get a percentage of what the Council and Commission recommend to NMFS. That is not even a wide range. The SSC usually gives a very tight range to choose from. That decision was made in December. Nobody from NY made a comment. Comments can be made by email in advance, in person or by webinar at the meeting. All comments are recognized and recorded. If you were informed about the DEC meeting for BSB, then you were informed about a public comment meeting at DEC for setting measures for BSB, scup, and fluke. Your comments help the members of the Council and Commission that represent you to have something behind what they say during debate. It also influences the state employees that sit on them.