MLA Expresses Serious Concerns On Lobster Trap Bycatch Science

Letter to Terry Stockwell, Chair,
New England Fishery Management Council

November 17, 2014

Dear Chairman Stockwell and members of the NEFMC:

The Maine Lobstermen’s Association (MLA) has been closely following the Council’s discussions of groundfish emergency measures and the development of Framework 53 due to the recent scientific findings of Gulf of Maine cod stock’s poor condition. This is a difficult challenge for all involved as every option poses extreme hardship on the groundfish industry.

The MLA is concerned that the daunting task of identifying management actions which support the recovery of cod stocks has led some Council stakeholders to consider management approaches that are not based on sound science and reach beyond the Council’s jurisdiction. Of grave concern to the MLA is the recent recommendation of the Groundfish Committee to restrict fishing with or using lobster pot gear in the spawning closure area options outlined in Section 4.2 of Framework 53.

As a coastal species, lobster is managed through the Atlantic States Marine Fisheries Commission (ASMFC) under the authority of the Atlantic Coastal Fisheries Cooperative Management Act (the Act). The Act provides that responsibility for managing Atlantic coastal fisheries, including the lobster fishery, rests with coastal States working through the ASMFC’s cooperative program of fishery oversight and management. The Act further provides that the Federal Government has responsibility to support AFSMC’s cooperative interstate management of coastal fishery resources. Thus, management recommendations related to the lobster industry are developed through the ASMFC interstate process.

Lobster traps are a passive, baited gear, designed to capture prey alive. In the rare instances of known cod bycatch in lobster traps, lobstermen report that fish are in good condition and are returned to the sea alive. If data on the incidence of cod bycatch in lobster traps indicate a level that could potentially impact the recovery of cod stocks, then studies on the survivability of those cod must be undertaken.

The MLA has serious concerns regarding the science used to characterize the level of cod bycatch in the lobster fishery and by the lack of peer-reviewed research on the impact this bycatch may have on cod stock recovery in the Gulf of Maine. The lobster fishery is executed in discrete spatial-temporal patterns; any data relating to cod bycatch in the lobster fishery thus must be analyzed on a spatial-temporal scale that corresponds to lobster fishing activities. Further, in order to characterize the incidence of bycatch, sample size must be representative of the fishery.

The MLA strongly urges the Council to refer any concerns regarding the potential impact of the lobster fishery on the recovery of cod stocks to the ASMFC for analysis by the Lobster Technical Committee. In addition, MLA notes that any management recommendations from the Council should be referred to the Lobster Board and should include broad input from lobster industry stakeholders.

The MLA stands willing to work with the scientific community to collect data on the incidence of cod bycatch in lobster traps and the survivability rates of those fish in order to inform future management discussions.

Thank you for your consideration.

Sincerely,

Patrice McCarron
Executive Director, MLA