New Jersey Council of Diving Clubs Legislation Alerts

LEGISLATIVE ALERT

June 2010

LEGISLATIVE ALERT

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.

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, 6^th 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.

10/10/05 - American Lobster Proposed Rule & Comments

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 ASMFC rule and recommendation was specific to the commercial fishery! The proposed federal maximum carapace rule exceeds the request and intent of the ASMFC since it would also apply to the recreational lobster fishery, which the ASMFC rules did not do and did not say or request! The ASMFC rules allows states to tailor their provisions and make appropriate adjustments for the recreational fishery, which is limited to only 6 lobsters per diver in New Jersey and New York and the lobsters cannot be sold.

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
Legislative Director

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....

LEGISLATIVE ALERT - Spearfishing Tuna
9/16/05
National Marine Fisheries Service is giving the sport diving community an opportunity to make spearfishing for Tuna legal again in federal waters in the Atlantic. There is a proposal in “The Draft Consolidated HMS FMP And Proposed Rule” under 2.3.3 , Alternative H2 that would “Authorize speargun fishing gear as a permissible gear type in the recreational Atlantic tuna fishery.

If my memory is correct, it was in the early nineties that the HMS Committee proposed banning spearfishing for Tuna. That committee never asked anyone involved in spearfishing for Tuna to testify before the committee regarding the matter, and no one in the sport diving community knew about the proposal as few people read the Federal Register everyday for fun. No warning was ever given to the sport diving community about the proposal.

Although it is likely that few tuna will be taken by spearfishermen in this area, it is important that this proposal passes as it could help open doors for the spearfisherman /sport diver, who also has problems with other federal fishery management plans that do not recognize spearfishing equipment as authorized gear.

Please write to:
National Marine Fisheries Service,
Highly Migratory Species Management Division,
US Department of Commerce,
National Oceanic and Atmospheric Administration,
Silver Spring MD 20910.