LEGISLATIVE ALERT 

Sept 2010 -- 5 yr Moritorium on Lobster taking!
NJCDC and listserve members,

 In response to this situation and Mr. Himchak’s letter I have arranged for him to make a presentation at our November 17^th meeting. 
All interested parties are welcome.  Seating is limited.

Glenn A. Arthur
Chairman, NJCDC
+ + + + + + + + +

September 20, 2010
Attention New Jersey Lobster Fishermen

No doubt, many of you have read newspaper articles or heard from another fisherman about the possibility of a 5 year moratorium being imposed on lobster fishing on the Southern New England (SNE) lobster stock by the Atlantic States Marine Fisheries Commission (ASMFC).  The SNE lobster stock extends from Cape Cod to Cape Hatteras.

 The most recent peer reviewed stock assessment on lobsters, which included all data through 2007, showed the SNE lobster stock to be overfished and called for a resource rebuilding program.  Following the results of the peer reviewed stock assessment, the ASMFC American Lobster Technical Committee (TC), which includes representatives from all states participating in lobster fisheries, reviewed fishery dependent and independent data for 2008 and 2009 and concluded that as a result of recruitment failure in the SNE lobster stock, a 5 year moratorium is necessary to rebuild the SNE lobster stock.  The TC presented this recommendation to the ASMFC American Lobster Management Board (Board) as the basis for developing an Addendum to the Interstate Fishery Management Plan for American Lobster (FMP).  The Board, which decides on appropriate management and monitoring measures to be implemented, is now in the process of evaluating the recommendation of the TC and deciding potential management options for rebuilding the SNE lobster stock.

 The New Jersey Division of Fish and Wildlife will be conducting two outreach meetings this fall to inform all lobster fishermen on the background of the TC’s recommendation for a 5 year moratorium, what the Board has done to date in light of this recommendation, what evaluations are on-going, the timetable for an Addendum to the FMP, and the formation of Lobster Conservation Management Teams (LCMT) for providing input on the Addendum.  One outreach meeting will be held in the Shark River area to accommodate fishermen in Management Area 4 (see attached map), and the second outreach meeting will be held in the Cape May area to accommodate fishermen in Management Area 5.  Fishermen from Management Area 3 should attend whichever meeting is more convenient for them. 

 This letter is being sent to all New Jersey Lobster Permittees, recreational lobster pot licensees and major SCUBA clubs.  All of you are likely to be affected to some extent by the rebuilding program contained in the developing Addendum.  Kindly call the Nacote Creek Research Station at 609-748-2020 and let us know which meeting you are likely to attend so that we may plan accordingly.

                                                                   Sincerely,  

 
                                                                    Peter J. Himchak, Supervising Biologist

The N.J. Division of Fish and Wildlife will also be holding two public meetings this fall.
The first meeting is from 7 to 9 p.m. Nov. 16 at the Belmar Court House.
The second meeting is Nov. 18 from 7 to 9 p.m. at the Nacote Creek Facility. T
he Division's Supervising Biologist Peter J. Hemchak will co-ordinate the meeting. "We will get everyone up to date with the Draft Addendum and separate fact from fiction," Hemchak said.

June 2010

LEGISLATIVE ALERT   --   Tabled for now (July 2010)

LOBSTER Technical Committee RECOMMENDS 5 YEAR BAN ON TAKING LOBSTER 

The Technical Committee (TC) of the Atlantic States Marine Fisheries Commission has recommended a five year moratorium on the harvest of lobster in what it describes as Southern New England waters (southern Cape Cod to Virginia – includes NY and NJ) with a possible 10 year moratorium due to recruitment failure of the lobster stock. The Southern New England (SNE) stock is critically depleted and well below the minimum threshold (25th %). This conclusion is reinforced by the recent 2009 assessment which indicates that the reproductive potential and abundance of the SNE stock continues to fall due to a combination of environmental factors and fishing mortality which prevents the rebuilding of the stock.

The overwhelming environmental factor is a widespread warming trend since 1999 in SNE waters and an increase and duration of water temperature above 20 degrees C. Prolonged exposure to water temperatures above 20 degrees C in American lobster causes respiratory and immune system stress, increased incidence of shell disease, acidosis, excretory calcinosis and suppression of immune defenses. Lobsters will avoid water over 19 degrees C.

Evidence suggests that the distribution of spawning females has shifted away from inshore SNE areas into cooler deep water. The re-distribution of spawning females into deep water may cause larvae to be transported away from traditional settlement areas and potentially into less favorable areas. Essentially this means loss of optimal shallow habitat area due to warm water. Furthermore the early onset of maturity in warmer areas confounds the proportional relationship between temperature and growth rate in female lobster, as the synchronization of the molt/mate/spawn cycle lengthens, the intermolt duration lengthens to accommodate the brooding of eggs. As a result, the average population growth rate of SNE stock is slower than stocks in northern waters.

More abundance of mid-Atlantic predators (e.g. striped bass, dogfish, scup, etc.) may also be a factor in the decline. Also lobsters with shell disease will molt more frequently, and lobsters will experience higher rates of natural mortality in the molting process and post-molt condition then when hard-shelled. The ASMFC Lobster Management Board will hold a special meeting on July 22 in Warwick Rhode Island to consider releasing Addendum XVII to Amendment 3 for SNE. The draft addendum will include a range of management options from no action to a moratorium. Limited opportunity for public comment on July 22 will be afforded, and only on a list of possible management options. Other management options might include a closed season, a smaller maximum size, etc. If the Board approves, the draft addendum will be released for public comment with hearing throughout SNE later this summer.

Board material will be available in early July at http://www.asmfc.org/meetings.htm . The 57 page TC memo and recommendation for closure can be found at http://www.asmfc.org/speciesDocuments/lobster/minutesandmeetingsummaries/tc/2010/april2010_SNE_Recruitment_Failure_TCmemoB.pdf . What appear to be spaces in this address are actually _. The Legislative Committee will try to avoid a complete closure and will attend hearings and submit comments as necessary. Clubs may be polled regarding preferred conservation options.

Sincerely

Jack Fullmer
Legislative Committee

---

January 2010

 Below is an information release put out by NOAA on the National Saltwater Angler Registry!  It explains the purpose of the Registry and how to register.  Recreational Spearfishermen or hook and line fishermen who wish to take fish in federal waters or anadromous species of fish in any state tidal waters starting Jan lst, 2010 will have to register.  A notable exception is if you are a paying patron on a licensed charter boat and the captain is registered, a registration is not required.  Other exceptions are listed below. All other federal and state fishery rules still have to be followed.  I took the liberty of deleting several paragraphs that appeared to be testimonials on the Registry and not relevant to the actual registration procedure or rules.              
Jack Fullmer, Legislative Committee

To register, go to:  http://www.countmyfish.noaa.gov/

NATIONAL SALTWATER ANGLER REGISTRY OPENS ON NEW YEAR'S DAY
New program, part of improved data collection system, to help protect nation’s ocean resources

Saltwater recreational fishermen have long expressed concerns about the data used to estimate the effects of recreational fishing on ocean resources and the nation’s economy. The National Saltwater Angler Registry, which launches on Friday, will help address that concern by providing a comprehensive list of the nation’s saltwater anglers that will be used to improve surveys of fishermen. These surveys are used by NOAA scientists to assess the health of fish stocks and to estimate the economic contributions of anglers.

Many saltwater recreational fishermen will be required to register before fishing in 2010. The registry is open for registrations starting Friday, January 1. But if you have a state saltwater fishing license, you may already be part of the registry.

Gordon Colvin, a biologist with NOAA’s Fisheries Service and interim senior policy advisor on recreational fishing to Balsiger, who has spearheaded the registry implementation, said that many anglers will not need to take any action to register, because their coastal states already have agreements in place with NOAA to share state saltwater fishing license information.

WHO NEEDS TO REGISTER:

Recreational saltwater fishermen will need to register if they:

• Fish in one of 10 coastal states or territories which do not currently have comprehensive saltwater angler license or registration requirements Hawaii, Maine, Maryland, Massachusetts, New Jersey, New Hampshire, Puerto Rico, Rhode Island, Virginia, and the U.S. Virgin Islands.

• Fish for or are likely to catch anadromous species in tidal and salt waters; these are fish like river herring, shad, smelt and striped bass that live in the oceans but spawn in fresh water, OR

• Fish in the federal waters more than three miles from the ocean shore or from the mouths of rivers or bays

WHO DOESN'T NEED TO REGISTER

Some anglers don’t have to register if they:

• Hold a valid license from one of 15 coastal states with comprehensive licensing or registration  Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Louisiana, Mississippi, New York, North Carolina, Oregon, South Carolina, Texas, Washington;

• Are not required under state law in one of these 15 states to hold a fishing license as is sometimes the case with seniors or active-duty military;

• Are under age 16;

• Pay to fish on licensed charter, party or guide boats;

• Hold a Highly Migratory Species Angling permit or subsistence fishing permit (others fishing aboard may have to register);

• Fish commercially under a valid license.

National Saltwater Angler registration is free in 2010. To register beginning Friday, anglers can visit http://www.countmyfish.noaa.gov and click on the Register link, or call the toll-free registration line at 1-888-MRIP-411 (1-888-674-7411) from 4:00 am to 12 midnight EST daily.

Anglers will need to provide their name, date of birth, address and telephone number, and will receive a registration number that will allow them to begin fishing immediately. They will receive a registration card in the mail in about 30 days.

The registry will be used as the basis for conducting surveys of saltwater recreational fishermen to find out how often they fish. It will eventually replace the use of random-digit dialing to coastal households, a system NOAA has had in place since the 1970s. The goal is to improve survey efficiency and reduce bias by making calls only to homes where people fish, and reaching saltwater anglers who live outside coastal counties.

While the registry is among the most visible aspects of NOAA’s Marine Recreational Information Program, it is only one component of this rigorous multi-year, multi-phased overhaul of the system NOAA uses to collect and report recreational fishing data. Each piece of its design and implementation has been guided by close working relationships among NOAA personnel, fisheries managers, state partners, independent scientists and the recreational fishing community.

Recreational fishermen should also remember that regardless of whether an individual is registered with NOAA, they must obey all state regulations and licensing requirements where they are fishing.


September 2007

DEPARTMENT OF COMMERCE - National Oceanic and Atmospheric Administration 
50 CFR Part 697    [Docket No. 070717357–7399–01]  RIN 0648–AV77
Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce 
ACTION: Advance notice of proposed rulemaking (ANPR).

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: 
Written comments should be sent to Harold Mears, State, Federal and Constituent Programs Office, Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930.  Comments may also be sent via e-mail to LobsterJuly07@noaa.gov, via fax (978) 281–9117 or via the Federal e-Rulemaking portal at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:
Robert Ross, Fishery Management Specialist, (978) 281–9234, fax (978) 281–9117, e-mail bob.ross@noaa.gov.

SUPPLEMENTARY INFORMATION: 
Of particular concern in the 2005 assessment report is the SNE stock, where depleted stock abundance and poor recruitment of juvenile lobsters, coupled with high fishing mortality rates, led the stock assessment and peer review panel to recommend additional harvest restrictions for SNE. The SNE stock extends from the waters south of Cape Cod, Massachusetts to the waters off North Carolina, and encompasses all of Lobster Conservation Management Areas (Area) 4, 5, and 6, and part of Area 2 and 3. According to the assessment, in SNE, 61–72 percent of the fishable stock is made up of new entrants into the legal fishery, and the 2005 stock assessment report noted concern that the fishery is too dependent on these new recruits. Based on recommendations in the 2005 assessment report, the Commission, in May 2007, approved Addendum XI that specifies additional lobster management measures for the SNE stock. Addendum XI also includes recommendations for complementary Federal action. Specific to this regulatory action, Addendum XI requires impacted states to implement a maximum legal carapace size limit of 5– 1/4 inches (13.34 centimeters (cm)) in all SNE nearshore Areas (Area 2, 4, 5, and 6) by July 1, 2008.. In addition to the maximum size limit, Addendum XI modifies the current V-notch definition in SNE. Current Federal regulations prohibit possession of a female lobster bearing a V-shaped notch on its tail. The current Federal standard V-notch definition in SNE is defined to be any female lobster that bears a straight sided triangular cut, without setal hairs, a least 1/4 inch (0.64 cm) deep, and tapering to a point. This standard Vnotch definition is likely to protect notched lobsters until they molt or shed their exoskeleton for the first time after notching. Addendum XI modifies the Vnotch definition to be any female lobster that bears a notch or indentation at least 1/8th inch (0.32 cm) deep, with or without setal hairs. This modified Vnotch definition may protect notched lobsters for up to two molt cycles, a period that may span three or more years. This Notice announces and seeks public comment on NMFS’ intention to implement a lobster maximum legal carapace size limits and modified Vnotch definition compatible with those specified in Addendum XI.

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.  
A hearing is immediately scheduled at 101 Hooper Ave, Toms River NJ on Thursday April 19^th at 7 P.M. and we need divers to show up.

 

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). 
Comments must be submitted no later than May 4.