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Commercial Fisheries News
Volume 37 Number 4
December 2009
Herring midwater boats now under 100% observers in Closed Area I
GLOUCESTER, MA – Herring midwater trawlers are now required to have 100% observer coverage when fishing inside groundfish Closed Area 1 and are prohibited from releasing unobserved catch except under certain conditions.
The National Marine Fisheries Service (NMFS) published a proposed rule detailing these measures back on Sept. 4 at the request of the New England Fishery Management Council.
The agency received a total of 535 public comments, which came from a wide array of commercial fishing industry organizations, coalitions, state agencies, and hundreds of individuals.
In addition to mandating 100% observer coverage, the final rule, which went into effect Nov. 2, prohibits midwater trawlers fishing in Closed Area I from:
Releasing fish from the codend;
Transferring fish to another vessel, such as a herring carrier, that is not carrying a NMFS-approved observer; and
Discarding fish at sea “unless the fish have first been brought aboard the vessel and made available for sampling and inspection by the observer, except in specific circumstances.”
These requirements were contained in the proposed rule as well (see CFN October 2009 for initial proposal and industry reaction).
However, based on public comment, NMFS modified several of the “exemptions” related to conditions under which fish may be released without being sampled.
In the final rule, unpumped fish may be released if the vessel operator determines that:
Pumping the catch could compromise the safety of the vessel;
Mechanical failure precludes bringing some or all of the catch aboard the vessel; or
Spiny dogfish clog the pump and consequently prevent pumping the rest of the catch.
Originally, NMFS only used the term “pump” failure but broadened this exemption to include “mechanical failure” to cover other types of gear problems.
The agency also initially proposed that dogfish had to comprise 50% of the catch to justify a pump clogging exemption. However, it eliminated the percentage after industry commented that spiny dogfish in practically any amount cannot be pumped.
Furthermore, and also in response to comments, NMFS determined that “small amounts” of fish remaining in the net at the end of normal pumping operations may be released, recognizing that remaining fish sometimes may be too large for the pump grate or are floating and cannot be pumped.
However, NMFS emphasized that “a vessel operator must make all reasonable efforts, including strapping and splitting the net, to pump as much of the catch as possible before releasing the codend.”
Other changes
In another significant change from the proposed rule, NMFS concluded that vessels forced to release fish under one of the pre-described conditions – safety, mechanical failure, or dogfish pump clogging – would not need to terminate the trip, although vessels with one of these problems would need to leave Closed Area I immediately and fish elsewhere.
The proposed rule called for midwater trawlers who release fish under the above conditions to submit an affidavit describing the details of where, when, and why the fish were released, along with a “good-faith estimate of both the total weight of fish caught on that tow and the weight of fish released if the tow was partially pumped.”
NMFS said it still intends to implement this requirement, but the measure is an additional reporting requirement and, so, was still under review by the Office of Management and Budget (OMB).
Once the affidavit requirement clears OMB, NMFS said it will publish an additional rule in the Federal Register and issue a letter to permit holders.
Reaction, more info
Midwater trawl fishermen generally said the final rule was more practical and made it easier to operate safely and effectively than the proposed rule.
The Midcoast Fishermen’s Association, which is suing NMFS to prohibit herring midwater trawling in all groundfish closed areas, said the changes undermined the initial rule’s potential effectiveness and now contained numerous “loopholes.”
The Cape Cod Commercial Fishermen’s Association, which strongly supported NMFS’s decision to require 100% observer coverage in Closed Area I, suggested the new conditions were a step in the right direction.
“While the final rule is a departure from the proposed rule, which the hook association had encouraged (NMFS) to enact without changes, it represents an important incremental improvement in monitoring the herring fishery,” the association said.
The new requirements are being added as “conditions” to the Gulf of Maine/Georges Bank Herring Midwater Trawl Gear Letter of Authorization that midwater trawlers must obtain to fish in groundfish closed areas.
NMFS said it would be meeting with midwater trawl vessel owners and operators to discuss the new requirements.
Anyone who wants to discuss additional observer issues may contact Amy Van Atten, chief of NMFS’s Fisheries Sampling Branch, at (508) 495-2266. People with specific questions about the final rule can call NMFS’s Doug Potts at (978) 281-9341.
Copies of the permit holder letter with details of the midwater trawl changes and a chart showing Closed Area I and other areas are available online at <www.nero.noaa.gov/nero/nr>.
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