July 28 , 2009 Meeting Ft Lauderdale NMFS Notice of Proposed Rule Making

[Ron.38 Special]

As a lot of you are aware, July 28th, the NMFS will hold a public hearing at the Ft. Lauderdale Library to discuss proposed changes and new rule making related to swordfish and other HMS.

If you read it, the first issue with comment period ending yesterday was some chages in the way PLL's are allowed to handle Blue Fin Tuna. Effectively the chage is to allow the PLL's to keep incendental caught Bluefin Giants with lower catches of other fish in the hold. In theory, its shouldn't increase effort, but allow less throwbacks of dead giants. We could get into this in depth, but it doesn't directly affect the SoFla swordfish community.

The issues facing South florida are the following:

General Category Permit changes: a proposed rule would allow General Category permit holders to catch and sell swords and sharks vs the current rule of Tuna only.


The main reason for this proposed change, as I can determine has been the push by many parties to increase the catch of swordfish to keep our quota. NMFS has been very careful to not allow any increase in PLL permits, and Handgear permits from the original Limited Access in the 90's. But the argument in DC has been that something else needs to be done to increase environmentally sustainable fishing for swords. That is how they originally came up with the buoy gear rule.

The General Category rule change came up thru several HMS meetings and was proposed by the New England fishermen and an alternative to new PLL or Buoy permits. In my mind, something may have to happen since we can't catch our quota mainly due to less boats fishing than in the 70's 80's and 90's. Of course this is one of the reasons we have more fish and easier to catch.

General Category will presumably let rod and reel fishing with no other gear, buoys or PLL's, and limits will be in line with recreational limits. It also would allow may allow charters and commercial fishing from the same boat, but not at the same time, something that is not allowed now. You can't charter and commercial fish off the same swordy boat.

Would it increase commercial fishing for swords, Yes it will! because the permit is $22 but the boat has to be registered commercial to use it.

I have mixed opinions and I respect most recs opposition to this new rule change. My only issue is I think something is going to be done in the future to increase permits, and I know very few of us want any more buoy permits or PLL's. We will be fighting the PLL's soon enough when they try to get back permanently into the closed zone North of us.


The other issue is LAPP or priveliged programs which would effectively assign some portion of the quota directly to individual permit holders. NMFS is trying to use this in all fisheries since its easier to manage, but most in the HMS world do not like this idea. Each permit holder would "own" a portion of the quota and would fish until they catch theri portion.

Another issue similar to above is the proposed assignemt of allowable bycatch limits to individual permits. In simple terms, each permit holder would be allowed a certain number of bycatch, not described yet, but whe they reach their bycatch limit, they quit fishing. The question here is how are they going to keep count of each boats bycatch, the "honor system".

Some other issues which would allow the squid trawl fishery to keep incidental caught swords with a simpler permit process. This is not a direct fishery, but discards a lot of dead fish.

Limited access and the other related issues has rarely been used in a fishery like this. We have no limits now, can't catch our quota, so whats the use.

However,
The data I have been tracking shows that at certain times, we can come very close to catching our quota. A year ago, we caught 92% of our quota in the second season. That leaves me to believe that we are very close to having the fleet capacity we need, and if we loose any quota at ICCAT.

NMFS will be looking at our comments in July and we are the last of a half dozen meetings across the East Coast.

Some inference on another thread seem to imply that this is a proposal from the SESC. It is not, we have tracked it, with no support, or opposition yet.
No support or any comments on this issue have been made to date by the swordfish club, because the issue has only been floated at the HMS advisory meetings by many parties as one possible solution to some issues. Now is the time for public comment.

I'm sure at the July 14th meeting of the Swordfish Club we will dedicate some time to talk about this.

Post your comments, concerns, opposition, support, etc here and I'm sure NMFS will be watching our responses.

NMFS will take into serious consideration, the comments of the South Florida Swordfishing Community.

mtg notice here:http://www.nmfs.noaa.gov/sfa/hms/new...der_Notice.pdf

A very good power point presentation of the issues is available at this link:http://www.nmfs.noaa.gov/sfa/hms/ANP...esentation.pdf

The powerpoint presentation will tell you everything, and it is the same one they will present at the public hearing.

No matter where you stand on this one, remember the reason we get the attention of NMFS is the fact that we fill the library when they have a hearing. Don't let the other stakeholders in the fishery from other areas of the Atlantic Coast influence our fishery managment without the input of South Florida Swordfishing Community

[quack quack]

Thanks for the update Ron.

[Ron.38 Special]

To give you guys a better idea of the forces behind these proposed changed, click on this link for a look at the letter set by Congress to NOAA

http://www.theabta.com/LettertoNOAA.pdf

[Uncle Buck]

If general permits become available to otherwise recreational boats, will we be subject to closures when/if the US quota is met? ie: Can we still recreationally harvest after that point?

Will private boats be considered 'commercial' as long as the permit is valid? ...or will that be a "per trip" designation, based on if a catch is sold?

Or... Will the general permit simply allow a recreationally caught sword (rod/reel & rec bag limits) to be sold, if the permit-holder chooses to do so? ...without dealing with commercial designations and bag limits.

[Ron.38 Special]

Hers how the rule exists at this time. No exact details of the changes are yet available. Remember when you read these descriptions, Gen Cat permit is for Tuna only at this time.

Q: Need questions answered on rules and regulations?
A: Visit the library and check out the most recent "Compliance Guide" for all your needs.
Q: How do I print my permit?
A: You can find instructions for printing your permit on the Permit Printing page.

Q: What if my address has changed?
A: "It is important that you keep your permit information current. You may change your address when you renew your permit by speaking to a Customer Service representative at (888) 872-8862, or entering your new address as you renew via this website. If you move after you've renewed your permit, please call Customer Service and provide your new address. Your permit will be re-issued."

Q: Can I change my permit category?
A: Changes in the permit category must be made when you renew the permit for the upcoming season. However, permit applicants are allowed to make a permit category changes within 10-calendar days of the date of issuance of the permit to correct any potential errors. If you find an error within 10-calendar days of the date of issuance please contact Customer Service at 1-888-872-8862.

Q: Do I need a recreational permit to fish for or land tunas, sharks, swordfish, and/or bilfish?
A: Yes, vessel owners/operators who recreationally fish for or retain regulated Atlantic tunas (bluefin, yellowfin, bigeye, albacore, and skipjack), sharks, swordfish, and billfish in Atlantic Federal waters, including the Gulf of Mexico and the Caribbean Sea, must obtain an HMS Angling category permit or a HMS Charter/Headboat permit. However, General category vessels may fish recreationally for HMS so long as they are participating in a registered recreational HMS tournament and fishing under tournament rules. Vessels fishing exclusively in state waters are required to obtain the HMS Angling permit if they wish to keep their regulated tunas (bluefin, yellowfin, bigeye, skipjack, and albacore). Vessel owners/operators should check their state regulations regarding the retention of sharks, swordfish, and/or billfish in state waters.

Q: I currently posses a valid Atlantic tunas General category permit. Am I allowed to fish in recreationally tournaments for HMS with this permit?
A: General category vessels are allowed to participate in registered recreational HMS tournaments when fishing under tournament rules. When fishing for, retaining, possessing, or landing Atlantic tunas while participating in a tournament, General category vessels must comply with the Atlantic tunas General category regulations. When fishing for, retaining, or possessing sharks, swordfish, and/or billfish, General category vessels must comply with recreational regulations. It is incumbent upon the General category vessel owner/operator to verify that a tournament is registered with NOAA Fisheries.

Q: Is there a description of a General category permit ?
A: Yes, owners/operators of vessels fishing commercially for Atlantic bluefin, bigeye, yellowfin, albacore, or skipjack tunas using a combination of rod and reel, harpoon, and/or handlines must obtain a General category permit. This permit is required in the Atlantic, which includes the Gulf of Mexico and Caribbean Sea. This permit is required if fishing in Federal or State waters and because it is a commercial permit the U.S. Coast Guard Safety Gear Regulations will apply. Sale of tuna catch is permitted with this permit. Finally, if fishing is taking place in a registered recreational HMS fishing tournament only, this permit will also allow a vessel to recreationally fish for sharks, swordfish, and/or billfish.

Q: Is there a description of an HMS Angling category permit?
A: Yes, owners/operators of vessels fishing recreationally, even catch and release, for Atlantic HMS (sharks, swordfish, billfish, and tunas) in the Atlantic, including the Gulf of Mexico and Caribbean Sea, must obtain an HMS Angling category permit. This permit is for recreational fishing only, no sale of catch is permitted. This permit allows a vessel to participate in registered recreational HMS fishing

Q: Is there a description of an HMS Charter/Headboat category permit?
A: Yes, owners/operators of charter/headboat vessels fishing for and/or retaining regulated Atlantic Highly Migratory Species (Atlantic tunas, sharks, swordfish and billfish) in the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, must obtain an Atlantic Highly Migratory Species (HMS) permit. To be eligible for this permit category there MUST be a licensed Coast Guard Captain onboard the vessel during ALL HMS Fishing activities regardless if they are commercial, recreational, or fee based in nature. This permit allows a vessel to fish both commercially for tunas and recreationally for HMS, although not on the same day. Only the sale of tuna catch is permitted with this permit. This permit is required if fishing in Federal or State waters and because it is a commercial permit the U.S. Coast Guard Safety Gear Regulations may apply. This permit will also allow a vessel to fish in registered recreational HMS fishing tournaments.

Q: If I want to fish for Atlantic tunas, do I need a permit? Which species and what areas are covered?
A: Yes, owner/operators of state registered and Coast Guard Documented vessels fishing for Atlantic bluefin, bigeye, yellowfin, albacore, or skipjack tuna in the Atlantic, including the Gulf of Mexico and the Caribbean Sea, must obtain a permit. Only one category may be assigned to a vessel per year. The permit categories are as follows: General category (commercial tuna); Charter/Headboat (commercial tuna and recreational HMS); Angling category (recreational HMS); Harpoon category (commercial tuna); Trap category (commercial tuna); Purse Seine category (limited access); Longline (limited access).

Q: Does my permit need to be on board when I am fishing?
A: Yes, the owner or operator of a vessel of the United States must have the appropriate valid permit on board the vessel to fish for, take, retain, or possess Atlantic tunas, when engaged in commercial or recreational fishing. The vessel operator must make the permit available for inspection upon request by NMFS or a person authorized by NMFS.

Q: If a relative or friend is on my vessel and he/she has a permit, do I need a permit in this situation?
A: Yes, the Atlantic tunas permit is a vessel permit rather than an individual or "angler" permit. A permit is not transferable or assignable to another vessel or owner; it is valid only for the vessel to which it has been assigned.

Q: May I fish for Atlantic tunas without a vessel (e.g., from an oil rig or from shore)?
A: No, only permitted vessels may fish for Atlantic bluefin, bigeye, albacore, yellowfin, and skipjack tunas in the Atlantic, Gulf of Mexico, and the Caribbean. If one of these species is caught incidentally during fishing activities from shore or from an oil rig, it must be released immediately.

Q: What do I get when I pay for my permit?
A: Unlike many state permit programs, the permit fees go directly to the General Treasury and not to the managing agency (NMFS). The fee is set, in accordance with the procedures of the NOAA Finance Handbook, to recover the cost of administering the permit program, including maintenance of the public website and the toll-free phone system.

Q: If I witness a violation of NMFS regulations, how do I report it?
A: Please call the 24-hour NMFS Enforcement Hotline at (800) 853-1964. You may also call the U.S. Coast Guard Hotline at (800) SAVE-FISH. You do not need to give your name when you call.

Q: May I sell my tunas if I have an HMS Angling category permit?
A: No, if you have an HMS Angling category permit, you may not sell your catch. You must have a commercial fishing permit if you wish to sell your landings.

Q: Do I need any other permits in addition to a tuna permit?
A: If you use longline gear to fish for tunas, you must also have swordfish and shark limited access permits. If you are applying for a commercial permit, note that your state may require a permit for sale of fish. Contact your state fisheries agency for further information.



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[Ron.38 Special]

One item I did check is the Handline gear for Gen Cat permit. Handlines as currently defined must be attached to the boat, so a Gen Cat could not fish buoy gear.

Buoy gear is a separately defined gear allowable only with Directed Sword, or Handgear Permit.

[PURPLE FEVER]

Thanks for the info Ron! As Artie Johnson used to say "VERY INTERESTING"

[Broadbill-Pro]

Before everyone becomes excited about being able to sell your weekend swordfish, consider some of the negatives:


1. The General Category Permit has been proposed by 5 or 6 Northeast Recreational fishing groups. These guys are not interested in running 100nm to the Hudson Canyon to catch a swordfish to sell. They are interested in the near coastal fishery we have here. To put it into perspective, the NE General Category Tuna Permit that this proposal is being modeled after now has 1,400 participants. Many of them belong to organizations like Happy World (Rev. Sun Myung Moon). The (Moonies) have hundreds of small vessels that are prepared to enter the fishery over-night. If you think finding a position to deep drop now is difficult, the future will certainly be much more so. These Asian Fisherman will work for much lower wages than you, it all goes to the Church.

2. It is not possible to enforce this proposal. NMFS has a reporting problem now within the PLL, Buoy and Recreational sectors and by adding several hundred vessels it will become impossible. This may not seem like an issue to worry about, but with unregulated fish come lower prices for everyone. Dealers will be make ridiculas offers on fish knowing that if you don’t sell the next guy will. This will cause chaos in the Buoy Fleet who rely on local sales. These Guys are hardly making ends meet now, a General Permit would surely put several of them out of business. Again, that may not sound bad to you but consider that NMFS goal is to “increase production” and losing existing commercial fisherman will not result in an increase in harvest.

3. Current regulations state that any Fisherman who earns in excess of $5000 per year qualifies for a restricted species permit (kingfish). This proposal would allow hundreds of new commercial vessel to participate in the South Florida reef fishery. As you know, this would include interaction with sailfish, tuna, snapper, grouper and cobia.

4. Vessels participating in the new General Category Permit would have to be registered commercial (check your insurance rates). These vessels are subject to USCG safety regulations, including life-raft, Epirbs and submersion suits. The vessel will also need to display 18’’ vessel identification numbers on both sides of the hull and visible from an ariel view. Yes, I know that that existing vessels are not complying.



We have discussed losing a portion of the US Swordfish quota for several years now. I have always considered a General Category Permit to be the last resort. My opinion has now changed in that rather than sacrificing the limited commercial and recreational fishing in the Straits of Florida, I would rather see the area closed to all if and when the reduced quota is filled. Many of you have fought long and hard to keep commercial interests out of this area and now there is a proposal to open it wide to everyone. If this proposal is approved the hypocrites will emerge when the first applications are submitted.

[Uncle Buck]

Thanks Vin... That's why I asked questions in an earlier post. I knew there would be other issues that would arise with the General Category permit. I still haven't decided if I'm in favor of it or not. It sure would be nice to make a few bucks on some fish... but what's it gonna cost to make those few bucks!?!? (rhetorical question)

[PURPLE FEVER]

"Moonies at our doorstep" That ought to scare the hell out of everyone!

[Broadbill-Pro]

I know who will be the first person to complain if I'm correct


"Adhering to a plan Moon spelled out more than three decades ago in a series of sermons, members of his movement managed to integrate virtually every facet of the highly competitive seafood industry. The Moon followers' seafood operation is driven by a commercial powerhouse, known as True World Group. It builds fleets of boats, runs dozens of distribution centers and, each day, supplies most of the nation's estimated 9,000 sushi restaurants"


DCist: Sushi Lovers Beware: Rev. Moon Wants Your Money


Sushi and Rev. Moon -- chicagotribune.com


True World Foods

[PURPLE FEVER]

Yes I hear the" moon plan" is somewhat modeled after the boy scouts. Once you get your airport pan-handeling merit badge you qualify to go to Miami for yo-yo training ;after 3 yo-yo-caught fish, they get to go to miami angler bootcamp to learn to catch them "willie-style". After each moonie captures 5 willie-style swordies on a penn-senator, they get their choice of an LP1200 or Diawa 5000.

Yep our waters will be flooded with moonies capturing hundreds of swordfish! Its so easy even a caveman can do it!

[mneptune]

Originally Posted by Broadbill-Pro

I know who will be the first person to complain if I'm correct


"Adhering to a plan Moon spelled out more than three decades ago in a series of sermons, members of his movement managed to integrate virtually every facet of the highly competitive seafood industry. The Moon followers' seafood operation is driven by a commercial powerhouse, known as True World Group. It builds fleets of boats, runs dozens of distribution centers and, each day, supplies most of the nation's estimated 9,000 sushi restaurants"

I for one, do not want those bastards down here, we have enough "un-desireables" as it is.

[WhItEoUt 23]

[Ed Walker]

Originally Posted by Broadbill-Pro

Before everyone becomes excited about being able to sell your weekend swordfish, consider some of the negatives:


3.Current regulations state that any Fisherman who earns in excess of $5000 per year qualifies for a restricted species permit (kingfish). This proposal would allow hundreds of new commercial vessel to participate in the South Florida reef fishery. As you know, this would include interaction with sailfish, tuna, snapper, grouper and cobia. You must buy permits from someone else for each on top of your RS.

While 5k does qualify you to get an RS endorsement, if you have an SPL, there is a moratorium on reef fish permits, kingfish permits, and just about all other permits. With just an RS you cant sell kingfish, grouper, or snapper unless you have separate permits for each.
A control date has even been issued for SA charter fishing permits so they are essentially capped too. Reef permits are being reduced by having to buy two to get one. So I dont see a way hundreds of new commercial vessels will be getting into reef fishing.