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New Jersey Council of Diving Clubs Alerts - Jack Fullmer, Director
September 2007
DEPARTMENT OF COMMERCE -
National Oceanic and Atmospheric Administration
AGENCY:
National Marine Fisheries Service
(NMFS), National Oceanic and Atmospheric Administration (NOAA),
Commerce
SUMMARY: NMFS announces that it is considering and seeking public comment on the potential implementation of management measures in the Federal American lobster (Homarus americanus) fishery compatible with recommendations for Federal action as specified in the Atlantic States Marine Fisheries Commission’s (Commission) Interstate Fishery Management Plan for American Lobster (ISFMP). These management measures may include: implementation of an American lobster maximum size limit (maximum carapace length restriction) in several Lobster Management Areas (LMA); and, revision to the definition of a V-notch for protection of egg-bearing female American lobsters in several LMAs in the Federal American lobster fishery. NMFS is considering implementation of these management measures based on ISFMP actions taken by the Commission in response to recommendations provided in the most recent peer-reviewed lobster stock assessment, completed by the Commission in December 2005. DATES: Comments must be received by October 22, 2007.
ADDRESSES:
FOR FURTHER INFORMATION
CONTACT:
SUPPLEMENTARY
INFORMATION: Authority: 16 U.S.C. 5101 et seq. Dated: September 14, 2007. Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. [FR Doc. E7–18589 Filed 9–20–07; 8:45 am] April 2007 The
Lobster Board of the Atlantic States Marine Fisheries Commission has just
released Draft Addendum XI to Amendment 3 to the American Lobster Fishery
Management Plan for public comment. This Addendum states that the Southern New
England (SNE) stock of lobster is over-fished and depleted and proposes options
for rebuilding. A copy of the Addendum can be found at
www.asmfc.org under
Breaking News.
Previous ASMFC Addendums (Addendum III to Amendment 3) made it clear that the maximum carapace rule applied only to the commercial fishery and provided a maximum only for female lobsters in Area 4 & 5. It allowed the states to determine specific rules on issues such as maximum carapace for the recreational fishery. The issue came up recently with federal regulations in Area 4 and 5 and the outcome was that the recreational sport diver could take one female lobster over the maximum (no maximum for male lobsters).
Addendum XI (4.2.6 Comprehensive SNE Rebuilding Programs) specifically proposes measures apply to all SNE lobster fisheries including NY and NJ and including “recreational harvesters”, and specifically mentions a maximum size of 5 and ј inch for all female lobsters in Areas 2,3,4,5, and 6. Although I'm not certain of the pounds, a lobster with a 5 and ј carapace would probably be only 4 or 5 pounds.
Points to make: Addendum 11 should allow states to make a distinction between commercial and recreational fisheries, especially regarding maximum size. Trophy fish and lobsters are important in the recreational fishery and the recreational fishery should not be strapped with conservation rules designed for the commercial fishery. Would you tell a recreational hook and line fisherman that he could take a 15 lb Striped Bass, but was forbidden to take a trophy 50 lb Striped Bass? The recreational sport diver fishery takes so few lobsters compared to the commercial fishery, and the number of trophy lobsters is only a very tiny fraction of that number. Therefore, allowing a few trophy lobsters for the recreational fisherman will have no impact on conservation! A maximum size is inappropriate and discriminatory to the recreational fishery. A possible compromise position would be to convince the ASMFC to go with the Federal rule that allows the recreational fisher to take one female lobster over the maximum size.
Other issues include mandatory V notching by commercial fishermen, which the NJCDC is not opposing. However, the V notch is reduced to 1/8 inch, which would last through more than one molt and may be difficult to see underwater. Recreational and commercial fishermen can not take a V notched lobster. Also threatened are partially closed seasons if a state does not comply in a timely manner.
Comments can be mailed, faxed, or E mailed to Toni Kerns, Fishery Management Plan Coordinator, Atlantic States Marine Fisheries Commission, 1444 ‘Eye’ Street NW, #600, Washington, DC 20005.
Fax: (202) 289-6051 or E mail at
tkerns@asmfc.org
(subject line: Addendum XI).
July 2006 - Lobster - Maximum Carapace Again Threatens The Lobster Board of the Atlantic States Marine Fisheries Commission has released a public information document for draft Amendment 5 to solicit public comment on issues relating to lobsters. A public information document (PID) is the first step of the formal amendment process. Among the suggested issues is a uniform coast-wide maximum carapace size across all LCMA’s. Also included is a proposal to amend and reduce the non-trap sector. Is the sport diver part of the non-trap sector? Formal public hearing are expected in the fall for Amendment 5. A copy of the PID for Amendment 5 can be found at www.asmfc.org under Breaking News. The previous ASMFC amendment (Amendment 3 and specifically Addendum III to Amendment 3) made it clear that the maximum carapace rule applied only to the commercial fishery and provided a maximum only for female lobsters in Area 4 & 5. It allowed the states to determine specific rules on issues such as maximum carapace for the recreational fishery. The PID for Amendment 5 makes no such clarification. The maximum carapace issue came up recently with federal regulations in Area 4 and 5 and the outcome was that the recreational sport diver could take one female lobster over the maximum (male lobsters had no maximum). The ASMFC PID makes no distinction between male and female lobsters and suggests a coast-wide (applies both to commercial and recreational) maximum between 5 and 7 inches. Points to make: Amendment 5 should allow states to make a distinction between commercial and recreational fisheries, especially regarding maximum carapace length. Trophy fish and lobsters are important in the recreational fishery and the recreational fishery should not be strapped with conservation rules designed for the commercial fishery. Would you tell a recreational hook and line fisherman that he could take a 15 lb Striped Bass, but was forbidden to take a trophy 50 lb Striped Bass? The recreational sport diver fishery takes so few lobsters compared to the commercial fishery, and the number of trophy lobsters is only a very tiny fraction of that number. Therefore, allowing a few trophy lobsters for the recreational fisherman will have no impact on conservation! A 1/16 inch raise in the minimum carapace length would have a much bigger impact on conservation then a maximum carapace length. A maximum carapace length is inappropriate and discriminatory to the recreational fishery. The science of a maximum carapace is questionable! Comments can be mailed, faxed, or E mailed to Toni Kerns, Fishery Management Plan Coordinator, Atlantic States Marine Fisheries Commission, 1444 Eye Street NW, 6th Floor, Washington, DC 20005. Fax: (202) 289-6061 or E mail at tkerns@asmfc.org (subject line: Amendment 5 PID). Comments must be submitted no later than September 27, 2006.
Harold C. Mears, Director State, Federal, and Constituent Programs Office Northeast Region National Marine Fisheries Service One Blackburn Drive Gloucester, MA 01930 The following testimony is submitted by the New Jersey Council of Diving Clubs (NJCDC) regarding the proposed rules per Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery as found in the September 2, 2005 Federal Register. The NJCDC is a regional council of 20 sport diving clubs, some of which are also New York and Pennsylvania clubs. The sport diver fishery is an established recreational fishery for lobsters in this area for over 50 years with at least 30 commercial dive boats and many more recreational boats. Sport divers dive on the wrecks, artificial reefs, and other hard u/w habitat in both state and federal waters.
The
proposal stated its purpose was to implement recommendations made by
the Atlantic States Marine Fisheries Commission (ASMFC) for Lobster
conservation. After carefully reading the proposal, it appears that
NMFS has gone far beyond what the ASMFC recommended in Section 2 of
Addendum III to Amendment 3 to the Interstate Fishery Management Plan
for American Lobster. The maximum carapace proposal is inappropriate for the recreational fishery! Would you tell a hook and line fisherman that he could take a 20 lb. Striped Bass, but was forbidden to take a 50 lb. trophy Striped Bass. The recreational diver should not be saddled with regulations designed specifically for a commercial fishery. The number of lobsters presently taken above the proposed maximum by sport divers is so few that the proposed maximum carapace length for the recreational fishery would have no impact on conservation. What is impacted is the recreational diver’s right to take trophy lobsters! Furthermore, the stated intent of the regulation (p 52352) was to follow the ASMFC regulations, which only mentions a maximum carapace length for female lobsters. The wording on page 52359 of the Federal Register under 697.20 (Size, harvesting, and landing requirements) says the maximum carapace length applies to all American lobster landed in the EEZ, not just female lobsters. If the proposed federal rule was imposed on the recreational sport diving fishery, the sport diving clubs and shops would have to go through an education program for sport divers in this area to insure they all know how to identify female lobsters, which again points out the imprudence of imposing commercial rules on a recreational fishery. The sport diver would have to carry 2 gauges for both a minimum and maximum length. The proposed maximum carapace regulations are made even more confusing for the recreational diver by the fact that there are two maximum carapace lengths off of New Jersey, 5 and ¼ and 5 and ½ inches. Many of the dive boats go out of Barnegat Inlet, which is just south of the line splitting these two maximums in the proposed rule. We would also have to educate the sport divers on the location of that demarcation line in federal waters. The sport diving community is a strong supporter of conservation measures and works closely with NJ Marine Fishery Service to monitor lobster and other marine species on the wrecks and artificial reefs off of New Jersey. The NJCDC would not oppose an increase in the minimum carapace length for lobster which would have a bigger impact on conservation. But we don’t want regulations that are inappropriate for a recreational fishery, were not requested by the ASMFC for the recreational fishery, and will cause confusion in the recreational fishery. The NJCDC is requesting that NMFS delete the maximum carapace part of the proposal for the recreational sport diver fishery since it was not requested by the ASMFC, exceeds their recommendations, and is inappropriate for the recreational fishery. Please allow the individual states to determine landing requirements for lobsters for the recreational fishery. Since NMFS went far beyond what the ASMFC asked it to do, the New Jersey Council of Diving Clubs is respectfully requesting that the comment period be extended and hearings be held.
Jack Fullmer
Diver Comments got
an exemption to the Maximum Lobster Size!
Thanks to all that took the time to write. And thanks to Jack Fullmer for sending out the Lobster Alert last October!
- - - - -
Parts on Comments taken from the Federal Register -
March 14, 2006 - page 13027 -
American Lobster Fishery Final Rule. Effective May 1,
2006
Comments and Responses -
The proposed rule for this regulatory action was published
in the Federal Register on September 2, 2005; comments were
solicited until October 17, 2005 and a total of 41 public
comments were received by NMFS during the 45-day public
comment period. Of those total comments received, 20
comments were from recreational divers in the
mid-Atlantic that opposed implementation of a maximum
carapace size requirement in Areas 4 and 5 on recreational
divers. Respondents in opposition to the maximum carapace
size restriction on recreational divers also questioned the
biological benefits of protecting large lobsters. Seven
respondents requested a public hearing on the proposed
measures or an extension to the public comment period. Seven
respondents requested NMFS immediately implement additional
minimum gauge increases from 3 3/8 inches to 3 1/3 inches
for Area 3 as proposed in the ISFMP. Six respondents
supported the proposed rule measures identified in the
preferred alternatives.
Comment 1: Twenty comments were received in opposition to
the imposition of a maximum carapace size requirement in
Areas 4 and 5 on recreational divers, two respondents
opposed any exemptions for recreational divers, and one
respondent stated that Federal regulations should allow an
exemption for the recreational dive sector to possess 1 or 2
large female lobsters in excess of the maximum size
specified for Area 4 and Area 5. Many of the comments in
opposition cited that a prohibition on large lobsters had a
chilling effect on one of the principal lobster diving
incentives -- ie., the thrill in seeking a trophy sized
lobster.
The agency maintains that a one maximum size female bag
limit will not impact the biological objectives of this
final rule or the Commission ISFMP because the agency
believes that few trophy sized females are present for catch
by divers, and /or that few would actually be harvested by
divers. The agency maintains, however, that in the best
available information suggests a measurable harvest of
lobster by the dive sector.... And, although the vast
majority of that increased harvest undoubtedly involves
lobsters below the maximum size, the agency believes that
this final rule's bag limit guards against further expansion
of effort particularly on lobster brood stock.
Comment 8: Three respondents stated that NMFS exceeded
Commission recommendations to the Federal Government to
implement compatible regulations by including recreational
divers in the maximum size prohibitions specified for Area 4
and Area 5.
Response: Although there is limited quantitative information
on he volume of lobster harvested by the recreational
sector, survey information collected by the State of New
Jersey in 2000 indicated that recreational divers harvested
over 17,000 legal lobsters during approximately 37,000 dives
on wrecks and artificial reefs.
Assuming each legal lobster harvested by recreational divers
weighed approximately 1.25 lb -- a generally applicable
weight for lobsters caught at the minimum size -- these
divers accounted for approximately 2.4 percent of all
lobsters landed in NJ in 2000. This volume of harvest by
recreational divers approximates the historic non-trap
harvest of lobsters by commercial fishing vessels, a segment
of the industry that has bycatch limits in place. Since,
based on the most recent stock assessment, the American
lobster resource is growth overfished and overfishing is
continuing in Area 4 and Area 5, NMFS feels the imposition
of brood stock management measures on recreational users,
and commercial non-trap fishing vessels is appropriate.
Comment 9: Three respondents stated that NMFS should revise
the regulatory text specified in he proposed rule associated
with the maximum size prohibition specified for Area 4 and
Area 5 to specify the prohibition applies only to female
lobsters.
Response: NMFS notes this oversight and agrees......
.......
Changes from the Proposed Rule
.....
The majority of the public comments on the proposed rule
were provided by the recreational dive community, and they
voiced opposition to the imposition on recreational divers
of a maximum carapace size requirement in LCMAs 4 and 5.
Many of the comments in opposition cited that a
prohibition on large lobsters would have a chilling effect
on one of the principal lobster diving incentives.. ie., the
thrill of seeking a trophy-sized lobster.
Based upon public comment and additional information
provided by the recreational dive community in the
midAtlantic, NMFS has determined that it would be
appropriate to allow recreational divers to harvest one
female lobster in excess of the maximum size in LCMAs 4 and
5........
Increased Minimum Harvest Size in LCMAs 2, 3, 4 and 5 and
the Outer Cape...
..was to increase the minimum legal harvest size of American
Lobsters from 3 1/3 inches to 3 3/8 inches carapace length
...
(Peggy note: Minimum size would be 3 1/4 inches in LCMA 1
and 6)
Implement a Maximum Harvest Size in LCMA 4 and LCMA 5
..... This Federal management measure will amend Federal
lobster regulations to set a maximum size restriction for
possession of female lobsters in LCMA 4 and LCMA 5. This
measure will prohibit the possession of a female lobster
with a carapace size in excess of 5 1/4 inches for Federal
permit holders fishing in, or elected to fish in LCMA 4 and
will prohibit the possession of a female lobster with a
carapace size in excess of 5 1/2 inches for Federal permit
holders fishing in, or electing to fish in LCMA 5. However,
based on public comment and additional information provided
by the recreational dive community, NMFS has determined that
it would be appropriate to allow recreational divers to
harvest one female lobster in excess of the maximum size in
LCMAs 4 and 5....
Label it “Comments –
Draft Consolidated HMS FMP” and support 2.3.3, Alternative H2
(Authorize speargun fishing gear as a permissible gear type in the
recreational Atlantic Tuna Fishery).
Comments
Draft Consolidated HMS FMP
Jack Fullmer,
Legislative Committee |
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