February 3, 2005
Mr. David Bernhart, Chief
Office of Protected Resources Division
Southeast Region
NOAA/NMFS
9721 Executive Center Drive North
St. Petersburg, FL 33702-2432
via facsimile (727.570.5517)
RE: Notice of Proposed Rulemaking for the Bottlenose Dolphin Take Reduction
Plan, 69 FR 65127.
Dear Mr. Bernhart:
Please accept these comments on the Proposed Rule for the Bottlenose Dolphin
Take Reduction Plan (BNDTRP) on behalf of the Garden State Seafood Association
(GSSA)(See 69 FR 65127). The GSSA is comprised of a diverse group of fishing
related businesses operating primarily in the State of New Jersey. The GSSA
membership includes companies involved in all aspects of the fish and seafood
industry, including commercial fishing, gear supply & dock operations,
processing, importing/exporting, and restaurant/retail market operations.
Members of GSSA support ongoing efforts to minimize unintended accidental interactions
with marine mammals. GSSA members do not condone unnecessary incidental
injury or mortality of marine mammals. Many members of GSSA are veterans
of the MMPA Take Reduction Team process and work via cooperative research
initiatives to better understand and mitigate marine mammal and protected
species interactions to the maximum extent feasible.
GSSA strongly supports use of the 2002 stock assessment as the basis for the
proposed management measures. Abundance estimates are the basis for determining
PBR and it is essential the TRT operate using the best available scientific
information. GSSA recognizes and appreciates the work of NMFS staff to produce
this updated information in a timely fashion.
The GSSA also offers the following comments and recommendations on the Proposed
Rule for management measures proposed for bottlenose dolphins in the waters
and fisheries off New Jersey, Virginia, and North Carolina, and on the general
gear marking requirements.
NEW JERSEY (Summer Northern Migratory Management Unit)
GSSA supports the measures contained in the Proposed Rule (at 65132). These
proposed measures should be retained in the Final Rule in their current
form as follows:
From June 1 – October 31 of each year, the proposed regulations require persons
fishing with medium mesh (greater than 5-inch to less than 7-inch) stretch
mesh and large mesh (greater than or equal to 7-inch stretch mesh) anchored
gillnets at night in state waters to remain within 0.5 nautical miles of
the closest portion of each gear, and to remove all such gear and stow it
on board the vessel before the vessel returns to port.
VIRGINIA STRIPED BASS FISHERY
GSSA supports an appropriate exemption for the VA striped bass fishery
during November and December. This fishery was not initially targeted for
management measures during the BNDTRT deliberations and was addressed in
the rule for purposes of turtle conservation, not dolphin protection. Furthermore,
since the fishery was not initially considered a problem the economic impact
analyses (as a component of the EIS) does not contain information regarding
the loss of this fishery.
Clearly, the agency’s change in the definition of large mesh (from 8-inch to
7-inch) will eliminate this fishery and potentially increase bycatch --
a violation of National Standard 10 of the MSFCMA. Additionally, the
agency made this change in the proposed rule with no evidence or data supporting
such a change. There is no indication what the impacts will be for
such a mesh size change and no observer information was provided to the
TRT regarding the interactions of this fishery with sea turtles and how
the proposed change will reduce the rate of interaction.
Therefore, the GSSA strongly recommends the NMFS examine observed turtle interactions
with this fishery (8-inch) for the past several years (not including strandings
data that are influenced by turtles transported by warm core rings). Based
on this interaction analysis, the fishery should be subject to only the
following two provisions which will allow for a viable fishery as reported
by the State of Virginia:
• Two nets, 1200 feet each;
• No night sets
NORTH CAROLINA MANAGEMENT UNITS
GSSA is opposed to the 300-foot prohibition and believes it was never the intent
of the BNDTRT to restrict gillnet fishing in such a manner in North Carolina.
GSSA believes the intent was to address the take of one dolphin in monofilament
gear in the NC striped bass beach seine fishery and not unattended gillnets
set from vessels in near shore waters. Furthermore, since this was
not the intent of the TRT or the NMFS the subsequent economic impact analyses
did not consider the impacts of such a measure.
Therefore, GSSA supports the following language in place of the 300-foot prohibition:
"All monofilament gear deployed from, fished from, or landed on the beach
must be small mesh (less than 5-inches). Such gear must be attended
at all times, be actively fished, and the body and both ends of the net
be landed on the beach. This prohibition does not apply to vessels launched
from the beach that set their gear more than 100-yards from the beach."
GSSA also supports the following provision for NC beach-based fisheries that
is contained in the Proposed Rule. GSSA recommends a minimum delay in implementation
of one-year be applied to this provision to allow sufficient time for affected
crews to switch to the required webbing material:
Multi-fiber or multi-filament webbing deployed from or fished or landed on the
beach shall be constructed of webbing that is 4-inches or less stretched
mesh.
GENERAL GEAR MARKING REQUIREMENTS
GSSA recommends the following changes to the Proposed Rule regarding marking
requirements at 69 FR 65141. Additionally, GSSA recommends a one-year delay
in the implementation of the 300-foot tag requirement to allow sufficient
time for fishermen to locate the most economical and useful tag design.
• Gear marking requirements should apply in regulated waters only;
• Tags should not be required to include the names of individual fishermen or
the mesh size of their gear;
• Tags should contain a vessel identification number (State or USCG);
• Tag definition should be broad enough to allow for maximum flexibility in
the type of tag that is utilized by fishermen. The preamble of the Final
Rule should reflect this intended flexibility;
• Regarding the end flag/ball system, GSSA recommends using the current language
in the Proposed Rule and adding the existing State marking requirements
as long as the State requirements include an identification number and
an 8-inch minimum diameter ball or flag, marked with at least two strips
of reflective material at least two-inches in width and visible for
360 degrees.
CONCURRENCE WITH RECOMMENDATIONS FROM THE MID-ATLANTIC FISHERY MANAGEMENT
COUNCIL (MAFMC)
The GSSA also agrees with the recent position taken by the MAFMC regarding the
Bottlenose Dolphin TRT recommendations. GSSA supports the following Motion
as passed by the MAFMC during their January meeting. Which was worded as
follows:
The Council supports exemptions for use of large mesh gillnets with tiedowns
in the area between 2 and 3 nautical miles from the shore between Cape
Hatteras, North Carolina and the Virginia border, and the use of gillnets
in the Commonwealth of Virginia’s oceanic black drum fishery.
On behalf of the members of the Garden State Seafood Association, thank you
for the opportunity to comment on the Proposed Rule for the Bottlenose Dolphin
Take Reduction Plan.
Sincerely,
Gregory P. DiDomenico
Executive Director
Garden State Seafood Association