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Commercial Fisheries News
Volume 33 Number 4
December 2005
MA acts on cod, lobster, fish pot proposals
TAUNTON, MA - As expected, the Massachusetts Division of Marine Fisheries (DMF) is moving forward with emergency action to establish a Dec. 1-Jan. 15 cod conservation zone (CCZ).
Following late October public hearings, the state’s Marine Fisheries Commission endorsed the CCZ closure at its Nov. 9 meeting in Taunton.
The final CCZ location is in state waters between 42°30' latitude and 42°20' latitude, from the territorial sea limit to the beach.
The closure applies to both commercial and recreational fishermen. DMF specified that it will be unlawful for any person to “fish, set, or abandon any gear capable of harvesting cod in the CCZ during the restricted season.” The only exceptions to the gear ban are lobster traps and dredges.
While this year’s closure will be accomplished through emergency action, the commission supported DMF’s request to approve the CCZ and closure for 2006-2007.
Over the course of the next two years, DMF is planning an ambitious research program in the area, which will include: expanded industry based survey data collection; genetic work; testing of fish traps; new acoustic work to develop techniques for characterizing fish populations in the area using sonar; and underwater camera work in cooperation with the University of Massachusetts Dartmouth’s School of Marine Science and Technology.
The purpose of the CCZ and closure is to protect seasonal aggregations of large cod, which DMF and other scientists believe are crucial to Gulf of Maine cod stock rebuilding.
Float rope ban
During its meeting, the commission took action on a number of other proposals aired at public hearings.
After discussing concerns about timing and the effect on some gear sectors, the commission approved a ban on floating rope groundline effective Jan. 1, 2007.
DMF originally had proposed making the effective date May 1, 2006. However, commission member Bill Adler asked why the state was moving so promptly when the National Marine Fisheries Service (NMFS) wasn’t proposing to make such a move until 2008.
“I’m not against this,” Adler said. “I’d just like to allow a phase-in time, say January 2007.”
Commission member John Pappalardo agreed, suggesting implementation of a float rope groundline ban next spring might take some fish pot fishermen by surprise.
“I’m not sure that this community is cognizant that this applies to their gear. I’m also concerned that this line change could mean they would have to change the way they fish,” he said.
Pappalardo said that sinking or “neutrally buoyant” groundline appears to wear out more quickly than float rope in the Outer Cape Cod lobster fishery and asked DMF for an update on its efforts to deal with this problem.
Deputy Director Dan McKiernan said that the agency’s line tester, which is housed at DMF’s lab in Gloucester, had been fine-tuned to the point where it can simulate “four years of wear in four hours.”
Testing to date indicates that there is “good line and bad line” and that the way lobstermen haul their rope can contribute to decay, he added.
DMF recently received a grant from NMFS to hire a textile chemist to see if it’s possible to create a better rope, McKiernan said.
In consideration of all these factors, the commission endorsed the Jan. 1, 2007 effective date for the float rope groundline ban.
McKiernan clarified that the ban will apply to anyone fishing trap trawls, including recreational fishermen.
Outer Cape measures
In the wake of public hearing testimony and discussion among its members, the commission made a significant change to one of three DMF proposals to enact several remaining provisions of the Atlantic States Marine Fisheries Commission (ASMFC) lobster effort control plan for the Outer Cape area.
DMF had proposed a trap haul-out period for January through March.
However, Pappalardo pointed out that lobstermen in the area actually have been fishing into January during the last two years, so that the last traps weren’t actually coming home until the middle of the month.
“There has been some good fishing and good prices” that time of year, he said.
The commission and DMF agreed to adjust the haul-out period to be Jan. 15-March 15.
Action on two other Outer Cape measures – one to allocate traps to qualified scuba divers and one to eliminate the Area 1/Outer Cape overlap zone – was postponed to allow time for DMF to present more information to the commission.
Owner-operator
A DMF proposal to extend the coastal lobster fishery’s owner-operator requirement to the state’s fish pot fisheries was ultimately withdrawn after several commission members opposed it.
DMF supported the measure as a way to stop permit leasing and to prevent fishermen from obtaining multiple permits to participate in the pot fishery. It was originally adopted for the lobster fishery with the support of industry to prevent absentee owners from scarfing up limited state permits.
But following the public hearings, commission members Vito Calomo and Chuck Casella concluded the restriction was out of sync with the needs of today’s working fishermen.
“I don’t believe this should go forward at this time,” said Calomo. “There are a lot of older people in this business. They should be allowed to have someone else run their boat.”
Added Casella, “I agree. People who own a seaside business and a boat, they can’t be in two places at once.”
DMF Director Paul Diodati clarified that, as in the lobster fishery, the owner-operator requirement would be waived in the case of disability, military service, or if a permit holder wanted an immediate family member to operate the vessel.
Commission member Rodney Avila said he liked the owner-operator concept because it encourages legal behavior.
“You take ownership. I have two boats and my captains own 50 percent,” he said. “It creates respect for the regulations.”
Adler noted that NMFS requires a groundfish captain to have an operator’s permit as a way to “punish the captain for being a bad guy.”
Calomo said there were as many reasons not to adopt the owner-operator requirement for fish pot fisheries as there were reasons to adopt it.
But, he concluded, “Through history in our industry, we’ve let other people take the captainship of our vessels. At this point, there’s no incentive for young people to get into this business and it’s very difficult to get in. Don’t let things run rampant, but allow some usage.”
Other measures
The commission also acted on several other proposals as follows.
Dealer requirements to weigh fish upon landing – Although dealers will still be encouraged to weigh fish at the dock, the minimum requirement will be for dealers to properly document the number of containers of seafood purchased.
DMF recommended and the commission approved this change because compliance with the weigh-at-the-dock requirement has proved to be difficult for dealers who pick up fish in trucks and then transport them to their place of business.
Scup and black sea bass pot escape vents – The commission approved new escape vent requirements to bring state rules into compliance with the ASMFC interstate plan.
As of Jan. 1, 2007, scup and black sea bass pots will have to have at least two escape vents in the parlor section and the minimum size of black sea bass circular vents will be increased from 2-3/8" to 2-1/2".
Statewide ban on river herring bait – The commission approved a DMF recommendation to adopt an outright ban on the take of river herring and its use as bait for the years 2006, 2007, and 2008 due to serious concerns about the status of the resource.
There will be a slight tolerance of up to five percent by count in a bait container (bucket, tote, etc.) to account for accidental river herring catch. At the commission’s request, DMF agreed to begin an education campaign to inform the public of the new rule and why it is needed.
Winter period fluke quota subdivision – Massachusetts splits its annual summer flounder quota by allocating 70 percent to the summer fishery and 30 percent to the winter fishery.
Without discussion, the commission adopted a proposal to split the winter period fluke quota into two equal parts – 15 percent each – between a Winter I subperiod, Jan. 1 to April 22, and a Winter II subperiod, Nov. 1 to Dec. 31.
The purpose of the winter split is to allow any overages in the Winter I subperiod to be deducted from the Winter II subperiod without impacting the summer fishery.
The commission also approved DMF proposals to: adopt a declaratory process in the commercial scup fishery to allow for in-season possession limit changes; specify a 24-hour day for commercial and recreational tautog possession limits; and repeal billfish regulations, which are redundant with federal regulations.
Lorelei Stevens
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