|
|
|
|
|
|
|
SUBJECT: # 37281: New England Groundfish
Submitted by Dave S (165.121.33.5) from WASHINGTON on 4/10/02 6:08:00 PM
Thought you New England guys would be interested...
Groundfishing decision may come Friday Source: OnlineMariner Publication date: 2002-04-10
Cape Cod Times
WASHINGTON, D. C. (April 10) Fishermen, fishery managers and environmentalists appeared to reach a consensus yesterday on a remedy to New England's chronic overfishing and wasteful discarding of fish.
In December, Judge Gladys Kessler of the U.S. District Court in Washington, D.C., ruled the National Marine Fisheries Service, which is responsible for fish stocks caught in federal waters, was out of compliance with laws that required the agency to end unsustainable levels of fishing and discards of unwanted fish.
The lawsuit was brought by four environmental groups, including the Boston-based Conservation Law Foundation, after the NMFS refused two years ago to implement fishing regulations that would have brought New England into compliance with the federal Sustainable Fisheries Act.
In her ruling, Kessler cited her unfamiliarity with fishing regulations and said she preferred a mediated solution.
Since Friday, representatives of at least six fishermen organizations from Rhode Island to Maine; delegations from the major fishing ports of New Bedford, Gloucester and Portland, Maine; representatives from state and federal fishery agencies; and attorneys from the four environmental groups have been hashing it out in Washington.
Negotiations have ended
Last night marked the end of the court-ordered negotiations. Participants in the mediation were bound by a confidentiality agreement, but sources say a remedy will be presented to Kessler this week.
She is expected to make an announcement Friday, possibly of her acceptance of the plan or an order to go back to the drawing board.
Details were sketchy last night about any proposals, but one source said the group had agreed on measures to address the Georges Bank fishery until new regulations come into effect in August of next year.
These interim measures reportedly include: increasing the minimum size of Georges Bank cod that can be caught from 19 inches to 22 inches to allow more fish to spawn at least a couple of times; a 20 percent cut in the days fishermen are allowed to fish; increase in the size of holes in trawler fishnets to allow larger fish to escape; and a reduction in the number of vertical-anchored gill nets each fishermen is allowed to use.
The environmental groups had asked that at least 10 percent of all fishing trips be covered by observers on the fishing boats. These observers would keep track of where fish were caught, how much was caught and what was thrown back. The group reportedly agreed to 5 percent observer coverage and to close additional areas in May.
Agreement was also reached on how to restrict fishermen from using more of their fishing days as stocks come back. In 2000, fishermen only used 36 percent of the total number of fishing days available to them. The fear is that there is potential for fishermen to start using more days to catch too many fish too quickly. Already, fishermen used 10 percent more days in 2000 than they did in 1999.
Limit on fishing days
The mediation reportedly produced a plan to limit fishermen to the maximum number of days they fished in any year between 1996 and 2001. Fishermen are currently limited to between 88 and 130 days a year. They also agreed to reduce the daily limit of cod from 2,000 to 1,500 pounds per boat.
These regulations cover only Georges Bank, which is where most of the Cape's 246 active fishing vessels fish. These fishermen landed $16.4 million worth of groundfish in 2000. There was no word last night on what agreement was reached for fishing in the Gulf of Maine, which is where the 22 active Provincetown vessels fish.
Regulations are intended to come into effect May 1.
While some fish stocks, such as Georges Bank flounder and haddock, are nearing fully recovered status, both Gulf of Maine and Georges Bank cod are faltering on the road to recovery. Congressional law mandates these stocks be rebuilt to maximum levels by 2009.
On both Georges Bank and in Maine, too few fish are maturing to adult size. Scientists do not know if that is an environmental factor or the result of overfishing
- 4/10/02 8:56:00 PM
Submitted by
Capt. Tom (66.31.162.67) from MASSACHUSETTS says This just in
My sources were right. It came apart this AM.NE groundfish mediation talks fail; restrictive fishing regulations expected NMFS to publish restrictive Interim Rule
Apr. 10 - WorldCatch News Network - An 11th hour tentative agreement reached on the final night of mediation came unraveled Wednesday morning, dashing hopes of averting disaster in the New England groundfish industry.
U.S. District Court Judge Gladys Kessler was told in a briefing this morning that no settlement was reached during the five-day mediation between the National Marine Fisheries Service, environmentalists and the fishing industry. She has now indicated a ruling intended to protect 12 species of fish is imminent by May 1.
The Sustainable Fisheries Act requires that all 12 species of groundfish, including haddock, cod and flounder, be restored within 10 years.
Meanwhile, the National Marine Fisheries Service told WorldCatch News Network Wednesday that it will now publish its Interim Final Rule in the Federal Register outlining specific, restrictive fishing regulations on or before April 15 for implementation by the beginning of the 2002-03 fishing season.
Among the measuers included in the Interim Rule are several closures in the Gulf of Maine and limits on Days-at-Sea in both Georges Bank and the Gulf of Maine.
A key measure is an effective 22-day limit on fishing days in the Gulf of Maine between May and October, when codfish are aggregating to spawn.
Fishermen currently get 88 fishing days each year. Under the Interim Rule, any day fished between May and October would count as two days. Fishermen are only allowed to use a maximum of 44 days during that time which equates to 22 actual fishing days.
The restrictions could devastate New England's smaller fishing vessels, which primarily fish along the coast.
On Georges Bank, where codfish stocks are more abundant, the 2-for-1 fishing day restriction would be in effect May through July.
The plan also shuts down coastal fishing areas in the Gulf of Maine in May and June.
"The Interim Final Rule is an appropriate exercise of NMFS’ statutory authority to adopt measures that reduce, rather than stop, overfishing...," the agency said in court documents.
NMFS made its required filings in federal district court on April 1 that included a three-part remedy phase, initially filed on March 18, and included the Interim Final Rule, of the lawsuit concerning the management of northeastern groundfish.
Judge Kessler ordered the plaintiffs to respond to that filing by Friday, April 12, but that has now been extended to Monday, April 15.
Judge Kessler issued charged the National Marine Fisheries Service in December with violating federal law by not moving aggressively enough to reverse overfishing.
- 4/11/02 8:27:00 AM
Submitted by
Paul in NH (12.38.99.130) from NEW HAMPSHIRE says What does this mean?
So, what do the mediation talks falling apart mean? As I read it, it seems that what it means is that the originally proposed changes will go through un-modified....True?Paul in NH
- 4/11/02 8:40:00 AM
Submitted by
Capt. Tom (66.31.162.67) from MASSACHUSETTS says to Paul
I am afraid it means the judge will make the decision.We had a Fed. Judge Garrity make a decison on school busing in the Boston yers ago that was a disaster.
I hope this judge comes to a reasonable conclusion. - Tom
- 4/11/02 2:34:00 PM
Submitted by
Paul in NH (12.38.99.130) from NEW HAMPSHIRE says Tom
Tom,Yea, my wife grew up in the heart of South Boston, what a mess that was from all perspectives.
But in this case, the judge has already been presented with a plan. I thought all the talks and mediations were for modifications to that plan. If everything falls through, I would guess she'd just enforce the plan as first proposed. Not that I like that plan at all, but my point is, could it be actually worse/more strict than that original plan?
I don't think you can get more stringent on the private recs than 5 fish at 24". At least I hope not. I mean these aren't striped bass, no one is going to be out sportfishing for cod for a day to take one fish at 30" like a striper...
PS: Where do you fish out of? Website or other info available??
Thanks, Paul
- 4/11/02 7:01:00 PM
Submitted by
Capt.Spike (205.188.192.38) from NEW HAMPSHIRE says Paul What this means is.........
Since neither side can agree on any mediation, it may be up to the Judge to set the rules. Yes she does have a plan submitted by NMFS but remember that the Plaintiffs, who have won this case, do not like the plan submitted. So sky's the limit. No matter what is done it will be good for the fishery in the long run. I just hope we can survive thru the tough times ahead.Ounce it goes to 5 fish it will be hard to ever get that changed.Spike
- 4/11/02 8:50:00 PM
Submitted by
Capt. Tom (66.31.162.67) from MASSACHUSETTS says long term problem
Whatever happens in the next week there will be an ongoing battle over the next few years and possibly a lawsuit or two by some involved parties.There is a meeting coming up April 30,2002 at the Holiday Inn Rt.1 North, Peabody,Mass. 9:30 am. The groundfish rules will be established by FED Judge Gladys Kessler before this meeting. This meeting will aquire some input from some of the groups involved for future decisions.
To answer your questions. I fish out of Scituate Mass. Our Marina is not opened in Scituate until May 10th, so we put the boat in a slip at Green Hbr from mid March through May 9th My website is newenglandsharks.com We used to do a lot of shark charters, but now we do more cod charters than shark. If they ban groundfishing in the commercially closed area we will adjust and do more shark charters. -Tom
- 4/15/02 3:19:00 PM
Submitted by
cmp (216.177.24.30) from NEW HAMPSHIRE says question Tom...
I've heard through the recreational grapevine that there are some boats (none of which are you, btw) that have a pre-arrangement with a fish house nearby that buys the fish caught by the charters. Any idea if this is true? No slam, not personal, since you were not mentioned, just asking...CMP
