2019 regulatory adjustments - mass.gov · 26.02.2019 · 3. exchange wednesday for thursday as an...

2019 Regulatory Adjustments

February 25, 2019MA Maritime Academy

Buzzards Bay

February 27, 2019DMF Field Office

Gloucester

February 22, 2019 Division of Marine Fisheries Slide 2

Coming Soon: New MET Sponsored Striped Bass Plate

Frequently Asked Questions:Proceeds from plate sales will be placed in a dedicated fund. Use of funds will be overseen by DMF and a Citizens Committee.Citizens Committee will include recreational and commercial anglers, academic researchers and ENGOs. Monies will finance striped bass and finfish conservation projects.Funds will also be used to assist in anadromous fish passage work and angler education and outreach.

How Can I Get A Plate?750 vehicle owners need to sign up plate.Pre-production commitment will cost $40 per plate. Looking to enlist those who do not already support MET through other plates.

Public Hearing Under the provisions of M.G.L. c. 30A and pursuant to the authority foundat M.G.L. c. 130 §§ 2, 17A, 80 and 104, the Division of Marine Fisheries(DMF) and the Marine Fisheries Advisory Commission have scheduledpublic hearings and a public comment period to accept comment on draftregulatory proposals at 322 CMR §6.00.

Written public comments will be accepted until 5:00 PM on Friday, March 1, 2019. Please address all comments to Director David Pierce. Comments are to be sent by e-mail to [email protected] or by mail to 251 Causeway Street, Suite 400, Boston, MA 02114.


Proposals


Striped Bass Conservation• Prohibit the use of a gaff to remove striped bass from the water;• Require the use of inline circle hooks beginning in 2020 when fishing with

whole or natural cut baits.

Commercial Striped Bass Mgmt• Open the commercial fishing season as early as June 13 (current opening date

is June 23);• Have open fishing days on Mon. & Wed, rather than Mon. & Thurs.• Liberalize rules on importation of non-conforming sized fish from other

jurisdictions by accommodating it during the commercial season.

For-Hire Compliance:• Clarify that it is prohibited for patrons to fish commercially on for-hire trips, with

exceptions for HMS managed species.• Enact new measures applicable to head boats during May 1 – June 30 scup

and black sea bass fishery to enhance patron and head boat accountability.

Proposals (cont.)


Scup Bycatch Limits During Small Mesh Squid Fishery• Consistent with recent MAFMC action, allow draggers fishing with mesh less

than 5” diamond to retain up to 2,000 pounds of scup per trip during the period ofApril 15 – June 15 (spring squid fishery).

Commercial Trip Limit and Quota Management• Clarify that the at-sea transfer of any trip limit managed species is prohibited,

excepting the transfer of bait fish conducted under a bait dealer permit.• Allow buy boats working on behalf of a primary buyer to transfer multiple trip

limits provided so authorized by DMF.• Clarify that commercial fisherman selling fish must sell only to a wholesale dealer

who is a primary buyer, excepting sale of baitfish under bait dealer permit andsale of other species other retail boat permit.

More Details on Proposals to Follow:

But first, a brief overview of thestriped bass assessment.


Striped Bass Conservation


Recent Assessment Findings:

• Striped bass are overfished with overfishing occurring.• Assessment includes recalibrated MRIP data. • With recalibrated MRIP data, assessment suggests stock has been over fished with

overfishing occurring for most of the past decade. • Recreational fishery is responsible for 90% of coast-wide mortality with release mortality

responsible for more than half this mortality.

MA Fishery Information:• MA is largely a catch and release recreational fishery.• In 2017 MA rec fishery caught about 13M fish. • Of those ~13M fish about 300,000 fish were kept. The remaining were released. • Applying 9% discard mortality rate, estimated over 1M fish were released dead.• Over past 5 years MA commercial fishery landed and sold average of about 900,000

pounds. At about 20 pounds per fish, this is approximately 45,200 fish.

Striped Bass Conservation


Management Challenges:

• With current status (overfished/overfishing) there is a need to reduce fishing mortality.

• ASMFC will develop an Amendment to reduce mortality across all Atlantic states. This will likely involve cuts to the commercial quota and an increase in the recreational minimum size for 2020.

• Given MA fishery is largely catch and release, minimum size increases will likely have limited impact on overall rec mortality.

• While likely not part of ASMFC Amendment, MA needs to consider how to reduce discard mortality.

Source: www.capecodtoday.com

Striped Bass ConservationProposals


Circle Hook ProposalIn 2020, mandate the use of in-line circle hooks beginning in 2020 when fishing with natural whole or cut baits. This would not apply to baits affixed to an artificial lure that is to be jigged, trolled or casted and retrieved (e.g., bucktail and pork rind, tube and worm).

RationaleMD study found a 90% reduction in release mortality when using in-line circle hooks through reduction in gut hooking.Broad application could substantially reduce release mortality in MA’s catch and release fishery. Required in ME, NJ and MD

Other ConsiderationsShould commercial fishery be exempted?Should charter boat fishery be exempted?How does this impact bluefish fishing?

Striped Bass ConservationProposals


Gaffing ProposalBan the use of gaffs to remove striped bass from the water beginning in 2019.

RationaleGaffing fish greatly increases release mortality. Reports of gaffing and releasing undersized fish in commercial and recreational fishery. Prevalence of other gear to remove fish from the water. Does not prohibit keeping a gaff on a vessel. Prohibited in ME, NH, CT, MD and VA.

Other ConsiderationsShould commercial fishery be exempted?Should charter boat fishery be exempted? Source: Night Hawk Publications

Commercial Striped Bass Fishery Performance and Trends


Year Quota Landings (Live lbs)2013 997,869 1,004,4592014 1,155,100 1,138,5072015 869,813 866,0412016 869,813 938,7412017 800,885 823,4092018 847,585 753,731*

SOURCE: SAFIS Dealer Reports* Preliminary



$2.00

$3.00

$4.00

$5.00

$6.00

020,00040,00060,00080,000

100,000120,000140,000160,000180,000

07/13

07/16

07/19

07/22

07/25

07/28

07/31

08/03

08/06

08/09

08/12

08/15

08/18

08/21

08/24

08/27

08/30

09/02

09/05

09/08

2013

$2.00

$3.00

$4.00

$5.00

$6.00

020,00040,00060,00080,000

100,000120,000140,000160,000180,000

06/23

06/27

07/01

07/05

07/09

07/13

07/17

07/21

07/25

07/29

08/02

08/06

08/10

08/14

08/18

08/22

08/26

08/30

2014

$2.00

$3.00

$4.00

$5.00

$6.00

020,00040,00060,00080,000

100,000120,000140,000160,000180,000

07/13

07/16

07/19

07/22

07/25

07/28

07/31

08/03

08/06

08/09

08/12

08/15

08/18

08/21

08/24

08/27

08/30

09/02

09/05

09/08

2013

$2.00

$3.00

$4.00

$5.00

$6.00

$7.00

0

20,000

40,000

60,000

80,000

100,000

120,000

06/26

06/29

07/02

07/05

07/08

07/11

07/14

07/17

07/20

07/23

07/26

07/29

08/01

08/04

08/07

08/10

08/13

08/16

08/19

2015

$2.00

$3.00

$4.00

$5.00

$6.00

$7.00

0

20,000

40,000

60,000

80,000

100,000

120,000

06/24

06/27

06/30

07/03

07/06

07/09

07/12

07/15

07/18

07/21

07/24

07/27

07/30

08/02

08/05

08/08

08/11

08/14

08/17

2016

SOURCE: SAFIS Dealer Reports* Confidential Data Not Displayed

Total Value = $3,130,000 Total Value: $4,750,000

Total Value: $3,580,000 Total Value: $3,810,000



SOURCE: SAFIS Dealer Reports* Confidential Data Not Displayed1 Preliminary

$2.00

$3.00

$4.00

$5.00

$6.00

$7.00

0

20,000

40,000

60,000

80,000

100,000

120,000

06/27

06/30

07/03

07/06

07/09

07/12

07/15

07/18

07/21

07/24

07/27

07/30

08/02

08/05

08/08

08/11

08/14

08/17

08/20

08/23

08/26

2017Total Value: $3,310,000

$2.00

$3.00

$4.00

$5.00

$6.00

$7.00

0

20,000

40,000

60,000

80,000

100,000

120,000

06/25

07/02

07/09

07/16

07/23

07/30

08/06

08/13

08/20

08/27

09/03

09/10

09/17

09/24

10/01

10/08

10/15

10/22

10/29

2018 Total Value $3,540,0001



2018 Commercial Fishery Performance Review• Did not harvest about 11% of the quota (94,000

lbs). • New regulations that prohibited commercial

fishing on July 3, July 4 and Labor Day resulted in fewer open commercial fishing days when fish available.

• Average daily landings down compared to recent years.

• Year class effect led to fewer large legal-sized fish available for harvest. This will change as large 2011 year class recruits into comm. fishery.

• Environmental factors may have contributed to lack of fish in MA waters.

Commercial Striped Bass Proposals


Commercial Striped Bass Management Proposal 1. Start the season as early as first open fishing day after June 13th (6/17/19)2. Adjust the fin clipping rule commensurate with start date. 3. Exchange Wednesday for Thursday as an open fishing day.

Rationale• Provide additional access to quota in early summer.• By providing additional days early in the year, this will mitigate loss of fishing days

by closure around 4th of July and Labor Day (quota dependent). • Will alternate black sea bass and striped bass open fishing days to better enable

commercial angler participation. Thursdays are currently an open day for both species.

Commercial Striped Bass Rules


Commercial Striped Bass ImportationAllow MA dealers to import year-round commercial striped bass that do not conform to our minimum size that were lawfully harvested in other jurisdictions provided they are tagged in accordance with the ASMFC FMP.

Rationale• Current rule was implemented before tagging program to prevent MA fishermen

from poaching small fish and them entering commerce under the guise of out-of-state fish.

• Interstate Plan’s tagging requirement deters potential for poaching.• Request from MD to allow for this commerce as the sale of our larger fish into their

markets is not constrained. • Concerns that continuing this prohibition may constitute a “commerce clause”

violation, resulting in a legal challenge.

For-Hire Compliance


Issues• Non-compliance observed in for-hire black sea bass and scup fishery each spring. • Two notable enforcement incidents involving widespread angler non-compliance

on board prominent head boats in past 4 years. • Sanctions placed on the permits included strict permit conditions.

– Hire extra staff for inspection of catches– Separation of catches & labeling of containers

• Both companies no longer hold permits in MA.• DMF recognizes substantial burden head boat operations face to ensure angler

compliance onboard their vessels. Can the industry adopt common standards to promote compliance?

• For-hire boats operators are encouraged to self report non-compliance to MEP. • Observed non-compliant catches will skew MRIP estimates and impact

recreational fishery limits in future years.

For-Hire Compliance


Proposals

• Establish a series of measures applicable to head boats participation in May – June scup and black sea bass fishery.

– Require generation and maintenance of verifiable patron list; – Issue containers (e.g., bags or stringers) to all patrons; – Have each container attributable to a named angler on the patron list;– Mandate each patron retain their fish only in containers provided by the vessel (e.g., no

personal coolers)– Prohibit patrons from comingling their catch (no pooling catch among anglers); – Require anglers segregate their scup in a container separate from other species

(prevents hiding undersized fish or overages of black sea bass under scup); and– Prevent head boat crew from selling, bartering or exchanging fish with patrons. Crew

should be assisting and monitoring anglers, not fishing for profit.

• Clarify that all patrons on charter trip are prohibited from fishing commercially (with an exception for HMS species). Also, allowance to sell unwanted striped bass caught recreationally on a charter is unaffected and would remain intact.

Scup Limits for Draggers


Background• Prior to 2018, DMF & RI allowed small mesh draggers to retain up to 10,000 pounds of scup

per week to accommodate occasional large catches in the springtime inshore squid fishery.• During 2017 compliance review, ASMFC informed states that any scup allowance for small

mesh draggers above 200 lbs. May –October was in violation of the plan. • DMF amended rules to conform to FMP in 2018, but DMF and RI DEM sought and obtained

change to FMP to accommodate a higher scup limit during inshore squid fishery. • Federal specifications now set to allow draggers fishing with small mesh (<5” diamond) to

retain and land up to 2,000 lbs of scup per trip from April 15 – June 15.

ProposalConsistent with federal regulations, amend commercial scup trip limits to allow draggers fishing with small mesh (<5” diamond) to retain and land up to 2,000 lbs. of scup per trip during the period of April 15 – June 15.

Commercial Trip Limit and Quota Management(Technical Corrections)


Proposals1. At-Sea Transfer. Clarify that the at-sea transfer of trip limit managed species is prohibited.

This does not include bait species (e.g., menhaden) sold over the rail under the authority of a bait dealer permit. This has historically been prohibited under at-sea processing regulations, and is a requirement of the Fluke FMP.

2. Buy Boat. Though not active in the past few years, DMF may authorize “buy-boats” to transport fish from the islands to the mainland. DMF is modifying the buy boat allowance in the fluke regulations to apply more generally. This will allow buy boats operating on behalf of a dealer to transport multiple limits of fish if so authorized by the Director under an LOA. (Buy-boats may not be equipped with fishing gear and no fishing activity may occur on the vessel. )

3. Initial Sale to Primary Buyer. Clarify that commercial fishermen make their initial sale of catch only to an authorized primary buyer. This further ensures that quotas are tracked accurately. (This would be a corollary rule to the existing regulation that requires primary buyers only purchase fish from commercial fishermen.) Exempt from this would be fishermen who sell fish directly under the authority of a bait dealer or retail boat permit, as they would be the primary buyer.

Additional Comments ? Written public comments will be accepted until 5:00 PM on Friday,

March 1, 2019. Please address all comments to Director David Pierce.Comments are to be sent by e-mail to [email protected] or by mailto 251 Causeway Street, Suite 400, Boston, MA 02114.

THANK YOU FOR ATTENDING


2019 regulatory adjustments - mass.gov · 26.02.2019 · 3. exchange wednesday for thursday as an...

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