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Post subject: Maximum Carapace and Other Lobster Issues
 Posted: Apr 13, 2007 - 07:35 PM
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Site Admin
Joined: Mar 08, 2007
Posts: 38
Location: Philadelphia
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Please forward to all Divers -
LEGISLATIVE ALERT - Maximum Carapace and Other Lobster Issues Again Threaten
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
http://www.asmfc.org under Breaking News.
A hearing is immediately scheduled at 101 Hooper Ave, Toms River NJ on
Thursday April 19th 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 ³recreational harvesters², and specifically mentions a maximum
size of 5 and 1Ž4 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 1Ž4 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 ŒEye¹ 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.
Sincerely
Jack Fullmer
Legislative Committee |
_________________
Never say Never! Its almost as long a time as always!
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pir8 |
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Post subject: Diving Clubs Position Paper on Lobster Maximum Carapace
Posted: Apr 26, 2007 - 08:36 PM
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Site Admin
Joined: Mar 08, 2007
Posts: 38
Location: Philadelphia
Status: Offline
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New Jersey Council of Diving Clubs
Position Paper on Lobster Addendum XI
Maximum Carapace and Other Lobster Issues
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 ¼ inch for all female lobsters in Areas 2,3,4,5, and 6. Although I’m not certain of the pounds, a female lobster with a 5 and ¼ carapace would probably be only 4 or 5 pounds.
Other issues include mandatory V notching by commercial fishermen, which the NJCDC is not opposing. However, the legal V notch is reduced to 1/8 inch, which would last through more than one molt. 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.
It is the position of the NJCDC that Addendum XI should allow states to make a distinction between commercial and recreational fisheries. 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/she 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 (generally only a few percent of a states total – p 28 American Lobster Stock Assessment 1/06), 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. Present Federal rules in Area 4 & 5 allow the recreational fisher to take only one female lobster over the maximum size, and this should be an acceptable compromise for the ASMFC for the recreational fishery. That way the sport diver can take at least one larger lobster in limited visibility under water without worrying about if it is male or female. Remember that female lobsters will still have a lot of protection when egged (and they are egged for up to 9-12 months), and the protection of V notch which will last through more than one molt.
The NJCDC will accept the proposed definition and rules on mandatory V notching. However, it may be difficult for a diver in a low light situation underwater to see a tiny 1/8 inch indentation on a female lobster,
(2)
and the diver may have to take the lobster back to the boat where in the sunlight the verification of the indentation and sex can be made and the lobster returned to water if necessary. The commercial lobsterman also has to take a lobster onto the boat before returning it to the water.
Although the NJCDC believes that overfishing should end as soon as possible, it questions the strange wording “immediately end overfishing” and “Within two years of an overfishing determination”(4.1). When was the overfishing determination made for the two year deadline? If it means that overfishing was determined with the January, 2006 Stock Assessment, states may not have time to change laws and regulations before the 2 year deadline. States should not be threatened with closed season if the ASMFC does not allow them enough time to change laws and regulations.
Regarding the 10 or 15 year rebuilding program (4.1), it may take a while to rebuild the population. A lobster is 5 to 7 years old before it is of legal size. In the SNE stock area, natural factors such as parasites, shell disease, and high water temperatures and low oxygen have impacted the fishery (January, 2006 Stock Assessment – p 12), and will slow the rebuilding process. Sand replenishment projects, pollution, and dumping mud in the HARS have also adversely affected the fishery in this area. Therefore, it may take more then 10 years to completely rebuild the population because of these non-fishing factors, and the 15 year program may be better. The NJCDC would be in favor of a two step process addressing fishing mortality rate first, and then abundance.
Statements were made at a LCMT meeting in Area 5 that the pot fishermen were not targeting lobster, but instead Tautog and Sea Bass. Therefore, lobster landings alone should not be a basis of determining overfishing or abundance in the lobster fishery, nor a basis for determining when the fishery has recovered. Since the sport diver fishery is not responsible for overfishing in the lobster fishery, the NJCDC believes it should not be forced to accept regulations that are inappropriate for a recreational fishery. |
_________________
Never say Never! Its almost as long a time as always!
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pir8 |
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Post subject:
Posted: Apr 27, 2007 - 06:48 PM
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Site Admin
Joined: Mar 08, 2007
Posts: 38
Location: Philadelphia
Status: Offline
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Comments on Draft Addendum XI to Amendment 3
to the American Lobster Fishery Management Plan
4/25/07
Toni Kerns
Fishery Management Plan Coordinator
Atlantic States Marine Fishery Commission
1444 ‘Eye’ Street, Northwest #600
Washington, DC 20005
Dear Ms. Kerns:
The New Jersey Council of Diving Clubs (NJCDC) is an organization of 19
sport diving clubs in New Jersey with a few clubs in nearby states.
American Lobster is the number one species in the recreational sport diver
fishery. Recreational Sport Diving is a multi-million dollar industry in
New Jersey with 30 specialized dive shops, about 25 charter dive boats,
even more private dive boats, and several manufacturing companies devoted
to producing dive gear and supporting the sport. The NJCDC respectfully
submits the following comments on Draft Addendum XI to Amendment 3 to the
American Lobster Fishery Management Plan.
Regarding abundance and mortality of lobster in
2.1, at a recent LCMT meetings for Area
4 and 5 pot fishermen stated that lobster seemed to be more abundant. In
Area 5 at a recent LCMT meeting, pot fishermen stated they were targeting
Tautog and Blackfish instead of lobster because they could make more money.
If your abundance figure is based solely on landings, it would probably be
wrong.
If there is an abundance problem, natural mortality and non-fishing factors
would be playing a large role. Factors such as parasites, shell disease,
high water temperature, and low oxygen have impacted the fishery in SNE
(January, 2006 Stock Assessment – p 12) and will slow the rebuilding
process. Large schools of dogfish were mentioned at the NJ hearing on
4/19/07. Massive sand replenishment projects (that bury hard habitat such
as jetties and shallow wrecks), pollution and dumping mud in the HARS have
also adversely affected the fishery in this area.
Because of these natural and non-fishing factors, it may take longer to
rebuild the population, especially since a legal lobster is 5-7 years old.
Therefore, it may take more than 10 years to completely rebuild the stock,
and the 15 year program would be better. The NJCDC would be in favor of a
two step process addressing fishing mortality first and than abundance.
Although the NJCDC believes that overfishing should end as soon
as possible, it questions the
strange wording “immediately end overfishing” and “Within two years of an
overfishing determination…” When was the overfishing determination made
for the two year deadline? If it means that overfishing was determined
with the January, 2006 stock assessment, states may not have time to change
laws and regulations before the 2 year deadline. The ASMFC has to allow
adequate time for states to
make changes to regulations or laws which can easily take over a year.
Regarding 4.2.6 (Comprehensive SNE Rebuilding Programs), the NJCDC takes
issue with the proposal to include all SNE lobster fisheries including
“recreational harvesters” in a set of conservation rules that include a
maximum carapace length of 5 and ¼ inch for all female lobster in Areas
2,3,4,5, and 6.
It is the position of the NJCDC that Addendum XI should allow states to
make a distinction between commercial and recreational fisheries. Trophy
fish and lobsters are important in the recreational fishery and the
recreational fishery should not be strapped with rules designed basically
for the commercial fishery. Would you tell a recreational hook and line
fisherman that he/she could take a 15 lb Striped Bass, but was forbidden to
take a 50lb Striped Bass? Commercial fishermen do not get top dollar for
trophy lobster that tend to be tough and stingy, and may be more willing to
accept a maximum.
The recreational Sport Diver fishery takes so few lobsters compared to the
commercial fishery (generally only a few percent of a states total – p28
American Lobster Stock Assessment 1/06), and the number of trophy lobsters
is only a very, very tiny fraction of that number. Therefore, allowing a
few trophy lobsters for the recreational fisherman will have no impact on
conservation! It is my opinion that a maximum carapace, even just for
females, is inappropriate and discriminatory to a recreational fishery.
And the sport diver fishery knows that if this maximum rule is allowed to
go through, we will never get it back even if the lobster fishery in SNE is
determined fully recovered.
The recreational sport diver is not going to be able to determine sex in
limited visibility and low light conditions of a typical 80 foot dive off
NJ. That means that the lobster will have to be taken back to the boat
where a determination is made. Throw backs are very suseptable to
predation by bluefish, dogfish, striped bass, etc and this is particularly
true for what is thrown back by pot fishermen. Sport divers try to
determine if a lobster is legal before bringing the lobster back to the
boat, but may be unable to do so in this case.
The NJCDC would like to make a compromise suggestion! Allow the
recreational fisher (sport diver) to take one female lobster over the
maximum. This is the present wording of the Federal rules in Area 4 and 5,
so there is a precedent. That way the sport diver can take at least one
larger lobster in limited visibility underwater and know it is legal.
Remember that female lobsters will still have a lot of protection when
egged (and they are egged for up to 9-12 months), and the protection of a V
notch which will last through more than one molt.
The NJCDC will accept the proposed definition and rules on V notching which
will last through more than one molt. However, it may be difficult for a
diver in a low light situation underwater to see a tiny 1/8 inch
indentation on a female lobster, and the diver may have to take the lobster
back to the boat where in the sunlight the verification of a second molt V
notch and sex can be made, and the lobster returned to the water.
In conclusion, the NJCDC is very conscious of the need for conservation,
but does not want rules that are really inappropriate for the recreational
fishery. Whoever suggested a maximum size limit was probably not a
representative of the recreational fishery.
Sincerely
Jack Fullmer
Legislative Committee
NJCDC |
_________________
Never say Never! Its almost as long a time as always!
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