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Commercial Fisheries News
Volume 33 Number 7
March 2006
Massachessetts DMF director changes groundfish endorsement rules
GLOUCESTER, MA - After hearing from the public, Massachusetts Division of Marine Fisheries (DMF) Director Paul Diodati made some dramatic modifications to the agency’s new groundfish endorsement (GE), including significantly broadening the qualification criteria for getting one.
Although he did not need their approval to make the changes, Diodati presented the revised GE rules to members of the Massachusetts Marine Fisheries Commission at their Feb. 9 meeting.
The revised rules are as follows:
• A GE is required to catch and sell more than 75 pounds of groundfish from state waters;
• Anyone who held a state-issued commercial permit as of Nov. 4, 2004 is eligible to apply for a GE;
• The GE is issued only as an endorsement to the state’s commercial boat permit;
• Anyone who held an individual rod and reel permit as of Nov. 4, 2004 may apply for a GE but also will have to take out a commercial boat permit to qualify for the GE;
• Anyone holding a federal multispecies groundfish permit or whose vessel has a federal multispecies groundfish permit still will not qualify for a GE; however
• Anyone who held a state-issued commercial permit as of Nov. 4, 2004 and who permanently retires his federal multispecies permit – not simply by leasing allocated days or selling or transferring the permit – may apply for a GE; and
• Everyone who obtains a GE must file an annual catch report with DMF.
In addition to the new GE requirement, Diodati said he would soon propose dropping the state cod trip limit from 800 pounds to 300 pounds.
He also reiterated that the GE is simply a first step toward getting a handle on who is actively participating in the state waters groundfish fishery. Actually controlling fishing mortality will take other measures, such as trip limits, seasons, closed areas, and/or quotas.
Filter eliminated
After announcing the changes, Diodati explained that he eliminated the original qualifying filter of 1,000 pounds of landings in a single year or 500 pounds in two consecutive years during the 1992-2004 period because he realized it angered a lot of people and didn’t achieve all that much in terms of cod conservation.
“When you look at who’s left out, the percentage of their catch is minimal,” he said. “As far as conservation goes, not much is lost by eliminating that filter.”
Federal permits
Diodati said he was also persuaded to drop DMF’s hard line of not issuing a GE to anyone who holds or recently held a federal groundfish permit under any circumstances.
“I’m still recommending that a GE not go to someone who holds or whose vessel holds a federal groundfish permit or to someone who leases, sells, or transfers their permit. In my view, that’s no different than taking a buyback and investing the proceeds in another operation to target the same fish. That doesn’t solve anything,” Diodati said.
However, he said that anyone who decided to truly retire his federal permit would qualify for a GE.
“People wanted a choice and I agree with that,” he said.
Sector quota
Diodati went on to acknowledge that he was surprised to hear support for a quota on cod, particularly at the Gloucester public hearing.
“Some suggested that a sector be formed and I don’t disagree with that,” he told the commission. “I intend to explore that but it’s something that will take time through the (New England Fishery Management) Council process.
Diodati added that he wanted to make sure the DMF staff did a thorough analysis of the state’s cod catch history so he would know going into the council process what percentage share of the Gulf of Maine cod quota Massachusetts could credibly seek.
At Diodati’s request, the commission agreed to establish a subcommittee and an industry advisory group to talk about pursuing a sector allocation.
Commission member John Pappalardo suggested that, while they’re at it, the subcommittee and advisory group should decide what allocation amounts of other species it should request from the council.
Pappalardo further suggested that DMF discuss the issue with other state directors to see if there is a willingness to approach the council with the sector idea “in unison.”
300-pound trip limit
After noting that Maine has a 200-pound cod trip limit and New Hampshire’s trip limit fluctuates up to 500 pounds, Diodati said he would recommend going out to public hearing with a proposal to adopt a 300-pound limit for Massachusetts state waters.
“We’ll honor the federal permit program but restrict our state program to 300 pounds,” Diodati said.
He explained that this would make the state’s open-access and limited-access rules consistent with federal rules in that open-access fishermen without a GE would be restricted to 75-pound trip limits, while limited-access fishermen with a GE would be restricted to 300-pound trip limits.
Diodati said that, due to limits on his authority as DMF director, the trip limit change would need to go through the public hearing process and be approved by the commission.
Objection
Not everyone was happy with the GE program changes. While commission Chairman Vito Calomo explained that the meeting was not a public hearing, he did agree to allow local fisherman Don King to speak briefly.
“I don’t understand how this is going to meet the goal – using your words, Paul – of getting a handle on this universe of fishermen,” King said. “Without a filter, we’re going to have 3,000-4,000 of these (GEs).”
King went on to say that dropping the daily trip limit to 300 pounds was “spreading the pie out” among the many fishermen who testified that they couldn’t even catch 500 pounds in a year.
“So I’m going to lose 90 percent of my income so that someone else can have a permit even though they’re not going to use it and are going to land 300 pounds in a year – not in a day?” King asked. “That’s a real serious issue.”
Diodati countered that the total allowable catch for Gulf of Maine cod had been exceeded within eight months of the start of the 2005 fishing year.
“This is not intended to spread the pie out at all. The pie has already been eaten,” Diodati said. “This is intended to reduce activities in state waters and that’s what it does.”
When King shot back, “We’re not the ones doing the damage,” Diodati said, “That’s why I’m willing to explore the potential for a sector allocation for Massachusetts. I think that’s the only way to stake a claim and set it aside for Massachusetts fishermen. I don’t know how else to do it.”
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