Vertical Line Reduction Up to
40% Proposed

by Laurie Schreiber

Arlington, Va—At its Feb. 5 meeting, the Atlantic States Marine Fisheries Commission (ASFMC) initiated a draft addendum that considers reducing the number of vertical lobster trap lines in the water in response to concerns about the North Atlantic right whale population and the potential impacts of whale conservation measures on the conduct of the lobster fishery.

At the ASMFC’s Feb. 5 meeting, Maine Lobstermen’s Association (MLA) Executive Director Patrice McCarron said the MLA supported the ASFMC recommendation.

“This is really tough business for the lobster industry,” McCarron said. MLA doesn’t share the view that fixed gear entanglement is solely responsible for reduced right whale numbers, she said. “But we do acknowledge that we play a role and our fishery needs to change. This biological opinion is scary.” The ASMFC and individual states are best qualified to figure out how to move forward proactively, as opposed to the federal government, she said. “These fisheries are diverse,” she said. “You think 50 percent vertical lien reduction, no problem. But start to talk it through with they guys. They’re fishing singles, pairs, up to 20-trap trawls. It’s not a one-size-fits-all.” The solution will likely require multiple approaches, she said. She added, “I don’t know where the industry will fall on the various options, but I think this is the vehicle to move this forward and keep our fishery out of jeopardy.”

“A lot of work has gone into this to try to determine how and when the commission should be involved,” Department of Marine Resources (DMR) Commissioner Pat Keliher said. “I know many people have a lot of concerns about the commission taking action regarding protection of right whales. However, I think we need to act.”

Draft Addendum XXVIII to Amendment 3 to the Interstate Fishery Management Plan for American Lobster proposes options to reduce vertical lines from zero to 40 percent, to be achieved by trap limits, gear configuration changes, seasonal closures, and/or the acceleration of currently planned trap reductions.

ASMFC’s American Lobster Management Board noted reductions will consider ongoing state and federal management actions, including trap reductions and trap caps, which have already reduced vertical lines. By initiating the action, states can continue to cooperatively participate in the management of this species during ongoing discussions on the conservation of North Atlantic right whales.

“With this proposed action, the Board is entering uncertain waters,” Keliher said in a Feb. 6 ASFMC press release. “However, as the lead management authority for American lobster, we have a responsibility to ensure the viability of the lobster fishery. Through the active engagement of the states and the lobster industry in our management process, we believe the board is best suited to navigate the growing challenges facing the lobster fishery.”

Jane Davenport, a senior staff attorney with Washington, D.C., wildlife conservation organization Defenders of Wildlife, said the organization is encouraged the ASMFC is being proactive about the protection of endangered North Atlantic right whales and other large whales. She asked ASMFC to include mechanisms that will generate data showing how the vertical line measure will be effective in reducing risk to the animals.

Purcie Bennett-Nickerson, with Bethesda, Md., public policy organization Pew Charitable Trusts, asked the ASMFC to consider monitoring and reporting requirements for lobster gear, including 100 percent catch reporting and regional gear marking.

The ASMFC reviewed recommendations from its Lobster-Whale Work Group. The group was formed by ASFMC’s American Lobster Management Board to discuss measures being considered, by the Atlantic Large Whale Take Reduction Team (ALWTRT), to protect right whales. According to a Jan. 29 memorandum from the group, a key focus of its discussions has been the intersection of lobster management and conservation of endangered marine species. The group noted several factors associated with right whale conservation that “could substantially impact the economic and cultural future of the lobster fishing industry,” the memo said.

“These included future recommendations of the ALWTRT to NOAA Fisheries and the Biological Opinion being developed on the lobster fishery and interactions with right whales,” the memo said. “Given the high economic value of the lobster fishery, as well as its social significance to coastal communities, the Work Group agreed it is important to ensure that implementation of measures to conserve endangered North Atlantic right whales takes place, to the extent possible, in a way that maintains the viability and culture of the lobster fishery.”

The group’s recommendations included reducing the amount of traps and/or vertical lines in the water and requiring vessel tracking systems for federal permit holders.

The recommendations included:

• Reductions of vertical lines using trap limits, gear configurations, seasonal closures, and/or other measures to achieve a rate of 20 percent and 40 percent, depending on the fishing area.

• Elimination of the 10 percent replacement trap tag provision. Some states issue an additional 10 percent annual allotment, therefore providing potential for some to fish above their trap limits.

• Require all federal lobster permit holders to have advanced vessel monitoring/tracking systems (e.g., fast ping rate, haul recognition, etc.) that can track movement and identify where gear is hauled or how many traps are fished. The goal is to identify where lobster gear is fished and improve enforcement efforts.

• Develop a method for reporting vertical line and trap use by individual in each jurisdiction until 100 percent harvester reporting is implemented in state and federal waters

Additional considerations include weak link placement on rope; other innovations, such as sleeves, to breaking rope during entanglements; and reduced rope strength on one or both of end lines.

The group noted that detailed fishing location information would be valuable in the effort to better understand where the offshore fishery is fishing and reduce right whale interactions with lobster gear.

The charge to reduce serious injury and mortality falls under the federal Marine Mammal Protection Act. Protection of the North Atlantic right whale also falls under the Endangered Species Act, which requires a determination of jeopardy to the animal. The definition of “jeopardy” is when an action is reasonably expected to diminish a species’ population, reproduction, or distribution such that the likelihood of survival is appreciably reduced.

ASFMC member David Borden, who is a member of the working group, said he had reservations about the proposed measures.

“If we want to control our future, we have to get ahead of the issue instead of responding to the issue,” Borden said. “And that carries a lot of uncertainty because the normal way of doing business is to ask our technical people how much restriction should we put on the industry. That process is not being followed. We’re not going to know what the cut is until the end,” when the federal government issues its jeopardy determination. “So what we do here is a step in the right direction. And then the TRT follows on and takes additional action….So this is kind of a hybrid.”

“I agree that the main purpose of this is that the commission and the industry have some input into trying to avoid” measures that might result from a jeopardy finding,” said ASMFC member Doug Grout. “I would hope that somewhere in our process, our federal partners might give us an indication of the percentage cuts that we might have to take in order to avoid a jeopardy finding. It makes our decisions a lot easier, instead of just guessing. But it’s important that we start today to come up with an outline of options.”