2019 Regulatory Adjustments - February 25, 2019 February 27, 2019 DMF Field Office - Mass.gov
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2019 Regulatory Adjustments
February 25, 2019 February 27, 2019
MA Maritime Academy DMF Field Office
Buzzards Bay Gloucester
Coming Soon: New MET Sponsored Striped Bass Plate
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.
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.
February 22, 2019 Division of Marine Fisheries Slide 2
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
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.
February 22, 2019 Division of Marine Fisheries Slide 4
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 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.
February 22, 2019 Division of Marine Fisheries Slide 5
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
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.
February 22, 2019 Division of Marine Fisheries Slide 14Striped 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
February 22, 2019 Division of Marine Fisheries Slide 15Striped Bass Conservation
Proposals
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?
February 22, 2019 Division of Marine Fisheries Slide 16Striped Bass Conservation
Gaffing Proposal
Proposals
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
February 22, 2019 Division of Marine Fisheries Slide 17Commercial Striped Bass Fishery
Performance and Trends
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
February 22, 2019 Division of Marine Fisheries Slide 18Commercial Striped Bass Fishery
Performance and Trends
Total Value = $3,130,000
180,000 Total Value: $4,750,000 $6.00
$6.00
180,000
2013
$6.00
160,000 2014
2013
160,000
140,000 $5.00
$5.00
140,000 $5.00
120,000
120,000
100,000
100,000 $4.00
$4.00
$4.00
80,000
80,000
60,000
60,000 $3.00
$3.00
40,000
40,000
$3.00
20,000 20,000
0 $2.00
$2.00
0 $2.00
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
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
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
120,000 Total Value: $3,580,000 $7.00
120,000
Total Value: $3,810,000 $7.00
100,000 2015 100,000
$6.00
2016
$6.00
80,000 80,000
$5.00 $5.00
60,000 60,000
$4.00 $4.00
40,000 40,000
20,000 $3.00
20,000 $3.00
0 $2.00
0 $2.00
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
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
SOURCE: SAFIS Dealer Reports
* Confidential Data Not Displayed
February 22, 2019 Division of Marine Fisheries Slide 19Commercial Striped Bass Fishery
Performance and Trends
120,000 $7.00
120,000 Total Value: $3,310,000 $7.00 Total Value $3,540,0001
2017 100,000
2018
100,000 $6.00 $6.00
80,000 80,000
$5.00 $5.00
60,000 60,000
$4.00 $4.00
40,000 40,000
20,000 20,000 $3.00 $3.00
0 0 $2.00 $2.00
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
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
SOURCE: SAFIS Dealer Reports
* Confidential Data Not Displayed
1 Preliminary
February 22, 2019 Division of Marine Fisheries Slide 20Commercial Striped Bass Fishery
Performance and Trends
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.
February 22, 2019 Division of Marine Fisheries Slide 21Commercial 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.
February 22, 2019 Division of Marine Fisheries Slide 22Commercial Striped Bass Rules
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.
February 22, 2019 Division of Marine Fisheries Slide 23For-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.
February 22, 2019 Division of Marine Fisheries Slide 24For-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.
February 22, 2019 Division of Marine Fisheries Slide 25Scup Limits for Draggers Proposal Consistent with federal regulations, amend commercial scup trip limits to allow draggers fishing with small mesh (
Commercial Trip Limit and Quota Management
(Technical Corrections)
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.
February 22, 2019 Division of Marine Fisheries Slide 27Additional 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 28You can also read
