2019 Regulatory Adjustments February 25, 2019 February 27, 2019 MA - - PowerPoint PPT Presentation

2019 Regulatory Adjustments

February 25, 2019 MA Maritime Academy Buzzards Bay February 27, 2019 DMF 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

• ther plates.

Public Hearing

Under the provisions of M.G.L. c. 30A and pursuant to the authority found at M.G.L. c. 130 §§ 2, 17A, 80 and 104, the Division of Marine Fisheries (DMF) and the Marine Fisheries Advisory Commission have scheduled public hearings and a public comment period to accept comment on draft regulatory 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 marine.fish@state.ma.us or by mail to 251 Causeway Street, Suite 400, Boston, MA 02114.

February 22, 2019 Division of Marine Fisheries Slide 3

Proposals

February 22, 2019 Division of Marine Fisheries Slide 4

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.)

February 22, 2019 Division of Marine Fisheries Slide 5

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 of April 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 and sale of other species other retail boat permit.

More Details on Proposals to Follow:

But first, a brief overview of the striped bass assessment.

February 22, 2019 Division of Marine Fisheries Slide 6

Striped Bass Conservation

February 22, 2019 Division of Marine Fisheries Slide 14

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
• verfishing 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

February 22, 2019 Division of Marine Fisheries Slide 15

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 Conservation Proposals

February 22, 2019 Division of Marine Fisheries Slide 16

Circle Hook Proposal In 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). Rationale

• MD 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 Considerations Should commercial fishery be exempted? Should charter boat fishery be exempted? How does this impact bluefish fishing?

Striped Bass Conservation Proposals

February 22, 2019 Division of Marine Fisheries Slide 17

Gaffing Proposal Ban the use of gaffs to remove striped bass from the water beginning in 2019. Rationale

• Gaffing 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 Considerations Should commercial fishery be exempted? Should charter boat fishery be exempted?

Source: Night Hawk Publications

Commercial Striped Bass Fishery Performance and Trends

February 22, 2019 Division of Marine Fisheries Slide 18

Year Quota Landings (Live lbs) 2013 997,869 1,004,459 2014 1,155,100 1,138,507 2015 869,813 866,041 2016 869,813 938,741 2017 800,885 823,409 2018 847,585 753,731*

SOURCE: SAFIS Dealer Reports

* Preliminary

Commercial Striped Bass Fishery Performance and Trends

February 22, 2019 Division of Marine Fisheries Slide 19

$2.00 $3.00 $4.00 $5.00 $6.00 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 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 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 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 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 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 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 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

Commercial Striped Bass Fishery Performance and Trends

February 22, 2019 Division of Marine Fisheries Slide 20

SOURCE: SAFIS Dealer Reports * Confidential Data Not Displayed

1 Preliminary

$2.00 $3.00 $4.00 $5.00 $6.00 $7.00 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

2017

Total Value: $3,310,000

$2.00 $3.00 $4.00 $5.00 $6.00 $7.00 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

Commercial Striped Bass Fishery Performance and Trends

February 22, 2019 Division of Marine Fisheries Slide 21

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

February 22, 2019 Division of Marine Fisheries Slide 22

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

February 22, 2019 Division of Marine Fisheries Slide 23

Commercial Striped Bass Importation Allow 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

February 22, 2019 Division of Marine Fisheries Slide 24

Issues

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

February 22, 2019 Division of Marine Fisheries Slide 25

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

February 22, 2019 Division of Marine Fisheries Slide 26

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. Proposal Consistent 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)

February 22, 2019 Division of Marine Fisheries Slide 27

Proposals 1. 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 marine.fish@state.ma.us or by mail to 251 Causeway Street, Suite 400, Boston, MA 02114.

THANK YOU FOR ATTENDING

February 22, 2019 Division of Marine Fisheries Slide 28