"The data...that was used to make this decision has been criticized because the [survey] is designed to show trends over several years, not snap shots on two month waves," said the letter. "Moreover, according to the most recent Stock Assessment Update by the Mid-Atlantic Fishery Management Council, released in July of this year, the biostock for black sea bass surpassed the 2008 spawning goal. The assessment went on to say that the stock is not overfished nor is experiencing overfishing.

"In the last four years, Long Island recreational boats, charter boats and tackle shops have lost between 25 to 40 percent of their incomes," continued the senator and congressman. "This new closure will saddle the industry with additional losses of approximately 15 percent compared to last year, with the New York party and charter boat community anticipating additional lost revenues of nearly $1 million Island-wide as a direct result of the sea bass closure."

Mike Boccio, captain of charter boat Prime Time out of Orient Point, said that the rule doesn't pertain to waters within three miles of the shoreline, so he's not directly hurt by the closure.

"The shut down includes only federal waters, which is three miles off shore," he said. "Sea bass is pretty much in shore until January, when they move outside that three miles. We can harvest them in state waters. [The ban] doesn't effect us badly here."

But charter boats out of ports like Montauk, Shinnecock and Freeport will be affected by the ban, and Mr. Boccio sees the ruling as just another way to "nibble away at a very good business" on Long Island.

"It's a great fishery, but now it's completely shut down," he said, adding that though Prime Time doesn't target black sea bass directly, anglers on the boat often hook the fish as a bycatch.

"They've been prevalent, and it helps our business," he said.

Aquebogue resident Phil Kess, captain of Orient charter boat Fishy Business, said the ban does apply to him because he has a federal permit, something he got in order to catch cod.

Mr. Kess, a former construction worker who started fishing professionally only two years ago ("Just when everything fell apart," he said), sees the need for the black sea bass shut down as a result of other regulations.

"If you limit fluke to two, then we're forced to fish for sea bass," he said, adding that he too would take black sea bass only as a bycatch on his boat. "It causes a ripple effect of overfishing, and I believe the data out there is questionable."

Kevin McAllister, head of the Peconic Baykeeper environmental advocacy group, said that fishermen "can't continue hammering on fish stocks at such low levels." But upon hearing the news of this latest ban, he said that people from all sides of the fisheries industry "really have to start talking."

"To ban here and ban there...we have to stop this piecemeal approach," he said. "It falls far short of protecting species for years to come."

Mr. Boccio added that as of last Friday, the commercial quota for black sea bass actually went up by 200 pounds, shortly after the recreational quota was reduced to zero.

"The National Marine Fisheries has a goal of totally rebuilding fluke, porgies and sea bass," he said. "But they don't think about the businesses involved, only the fish, and they are going to restrict even more next year. But closing us out makes no sense.

"The madness to their methods is bad."

eschultz@timesreview.com

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