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Commercial Fisheries News
Volume 33 Number 2
October 2005
Massachusetts hikes Outer Cape Cod lobster minimum size to 3-13/32"
BOSTON, MA - Despite serious reservations, the threat of federal sanctions on the state"s lobster fishery convinced Massachusetts regulators to raise the minimum size for the Outer Cape Cod Lobster Conservation Management Area from 3-3/8" to 3-13/32" effective Sept. 23.
The 1/32" increase was originally supposed to go into effect on July 1, 2005 under the Atlantic States Marine Fisheries Commission (ASMFC) interstate lobster plan "if necessary" to achieve the conservation goals of the plan.
However, the ASMFC lobster board voted in December 2004 to make all "if necessary" provisions mandatory.
In June, aware that Outer Cape lobstermen opposed any further gauge increase not tied to a new stock assessment, the Massachusetts Marine Fisheries Commission voted to raise the gauge only if the Division of Marine Fisheries director, "following the upcoming stock assessment, determines it is necessary because of stock assessment and compliance concerns."
Out of compliance
The compliance concern became a reality on Aug. 18 when the ASMFC lobster board found Massachusetts out of compliance for failing to implement the Outer Cape gauge hike.
The board issued the finding despite an appeal by DMF Deputy Director Dan McKiernan for a delay to give the state time to develop a management strategy for more consistent minimum sizes in state waters.
On Sept. 2, ASMFC announced it had notified the secretaries of the Departments of Commerce and Interior of its noncompliance finding.
Once notified, the secretary of commerce has 30 days to review the finding and determine appropriate action, which, at its worst, could include a federal moratorium on fishing for lobster in Massachusetts.
At its Sept. 1 meeting, the commission approved a DMF proposal to increase the Outer Cape gauge by 1/32" effective Sept. 23 to avoid further federal action.
One more blow
The announcement came as a shock to Steve Smith, the one-time president of the Outer Cape Lobstermen"s Association (OCLA), who, until Sept. 14, was unaware of the gauge increase decision.
"No one knows about this," he said.
For years, Outer Cape lobstermen have been trying to find some kind of equity in lobster management. They have participated in the interstate regulatory process and even filed a lawsuit against ASMFC to stop what they believe is serious overfishing in Area 1.
For all their efforts, the group of less than 40 lobstermen has had to absorb huge cuts in the number of traps they can fish " from 30,000 down to 22,000 in 2003. And now, along with Area 3, the Outer Cape has the highest minimum gauge size in the fishery.
It"s all taken its toll on individual fishermen and on the OCLA.
"There really is no Outer Cape Lobstermen"s Association any more," because of the divisiveness that the trap reduction process caused, Smith said. "And all this time Area 1 " a group that has millions of traps, thousands of license holders " does nothing."
Lorelei Stevens
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