HomeMy WebLinkAbout2013-4-18Agenda
Shellfish Bylaw Review Workgroup
Thursday, April 18 2013 6 p.m.
Community Room, 4 Fairgrounds Road
MEMBERS PRESENT: Bill Blount, Carl Sjolund, Ron Shepherd, Peter Brace, Doug
Smith
MEMBERS ABSENT:
STAFF: Jeff Carlson, Tara Riley
OTHERS: Neil Cocker
CALL TO ORDER
Scallops continued
Mr. Blount reiterated the importance of solving the issue legally harvestable scallops, but
Ms. Riley said it would be important to check in with the Massachusetts Division of
Marine Fisheries to see where this agency is with analyzing the data on this. Mr. Brace
said that it's been around four years since the DMF said it needed more data before it
could rule on a measurement. Mr. Shepherd said that when Nantucket dealt with the nub
issue, the town came up its own measurement, the 2.5 -inch plastic ring. Mr. Smith said it
started with a meeting in Hyannis, a public hearing. All the harbormasters and wardens
from all the coastal towns including the vineyard. Jeff Mercer was the town's biologist at
the town. He continued to that Dave Fronzuto gave his presentation. He added that none
of the other towns wanted to be a part of this. When Mr. Smith when up a DMF meeting
in Gloucester, the board had already made up its mind by the time Mr. Smith got up and
spoke. The board decided to modify the legally harvestable scallop regulation so that an
adult scallop qualifies with either a 10 millimeter raised growth ring, a 2.5 -inch tall shell
or both. He added that the plastic ring rule is now in the regulations and it stands today.
Mr. Blount said that the thickness /depth of the shell is the important measurement. Mr.
Smith said that a one -inch shell height of the raised growth ring would protect shell
height was over two inches. Mr. Shepherd suggested that the town add the thickness
regulation because the state DMF does allow towns to make their regulations tougher. He
added that there is a real difference between a seed scallop and nub scallop, and that
newcomers, recreational scallopers and wardens can't tell the difference. Mr. Brace asked
how many new scallopers there are each year, but Mr. Shepherd said that some scallopers
have been bringing in seed for 20 years and still don't know the difference. Mr. Blount
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Scallops continued
Mr. Blount reiterated the importance of solving the issue legally harvestable scallops, but
Ms. Riley said it would be important to check in with the Massachusetts Division of
Marine Fisheries to see where this agency is with analyzing the data on this. Mr. Brace
said that it's been around four years since the DMF said it needed more data before it
could rule on a measurement. Mr. Shepherd said that when Nantucket dealt with the nub
issue, the town came up its own measurement, the 2.5 -inch plastic ring. Mr. Smith said it
started with a meeting in Hyannis, a public hearing. All the harbormasters and wardens
from all the coastal towns including the vineyard. Jeff Mercer was the town's biologist at
the town. He continued to that Dave Fronzuto gave his presentation. He added that none
of the other towns wanted to be a part of this. When Mr. Smith when up a DMF meeting
in Gloucester, the board had already made up its mind by the time Mr. Smith got up and
spoke. The board decided to modify the legally harvestable scallop regulation so that an
adult scallop qualifies with either a 10 millimeter raised growth ring, a 2.5 -inch tall shell
or both. He added that the plastic ring rule is now in the regulations and it stands today.
Mr. Blount said that the thickness /depth of the shell is the important measurement. Mr.
Smith said that a one -inch shell height of the raised growth ring would protect shell
height was over two inches. Mr. Shepherd suggested that the town add the thickness
regulation because the state DMF does allow towns to make their regulations tougher. He
added that there is a real difference between a seed scallop and nub scallop, and that
newcomers, recreational scallopers and wardens can't tell the difference. Mr. Brace asked
how many new scallopers there are each year, but Mr. Shepherd said that some scallopers
have been bringing in seed for 20 years and still don't know the difference. Mr. Blount
said having another measurement to ensure a scallop's age dissemination is crucial for
when there are a lot of nubs in the water or large seed because the fleet will both be able
to harvest more of what's legal and leave more seed in the water. Mr. Sjolund said a seed
is always flatter and adults are thicker. Mr. Blount said that when the height of a scallop
shell is used as a gauge, 15% of one's catch would seed, but when the thickness
measurement was used, only 5% of the catch was seed.
But Mr. Blount's fear is that if the fishery is managed by non - fishermen, they won't be
able to discern adults from seed and the fishermen will suffer because either too much
seed will be taken or too many adults will be left in the water. Mr. Smith noted that these
problems were going before Ms. Riley was hired and before she was putting millions of
scallop larvae into the harbors. Mr. Shepherd said he believes that enforcement slacks off
as the season wears on and that this workgroup needs to come up with a "user- friendly"
method of monitoring the seed, especially during the winter. Dr. Estabrooks said there
were more data on the 2.5 -inch rule and not enough on the one -inch thickness to convince
DW that this measurement should also be part of the regulations. Mr. Blount said that if
Ms. Riley continues her success in enhancing the natural populations of scallops that nub
scallops should he raised because they weight more. Mr. Cocker noted and Ms. Riley
expanded on the fact that she has yet to be able to do late summer spawn that produce the
nubs because she loses her interns before that time and because of how much effort it
takes to keep raising enough algae to feed the scallops. Mr. Cocker said that the late
summer spawn scallops are always smaller when they first reach sexual maturity, so a
thickness measurement would be a good thing to have. Mr. Sjolund said that it seems that
the large seed doesn't survive and that the "pin- head" seed seems to produce a bumper
crop of adults, and that a thickness measurement would really help scallopers and
wardens alike discem seed from adults. Mr. Smith and Dr. Estabrooks said that after a
scallop spawns, its shell changes the angle of its growth from flat to arcing upward and
that eggs not sent out in a spawning event are absorbed into their bodies as ready source
of protein.
Mr. Shepherd asked Ms. Riley what she thought about the selectmen adding the thickness
measurement to the regulations and she said the workgroup would have to prove to the
state DW that this new regulation would be more restrictive. Mr. Blount said that most
scallopers aren't going to want to do two measurements on every scallop they catch. Mr.
Sjolund said HSAB should follow up on this idea and asked that the workgroup move
onto the next item on the agenda.
Mr. Carlson said he hears where the workgroup is coming from on the seed/nub issue and
using scallop thickness as a gauge for scallops having spawned, but he stressed the
necessity for having the data to back it up should the town decide to amend its regulations
with the blessing of the state. Mr. Smith said it's imperative that the current regulations
remain in place to protect the seed, but that the workgroup, HSAB and the town explore
the thickness idea
Mr. Sjolund said he thinks a 40 -pound dredge is too heavy. Mr. Blount suggested
lowering the maximum weight of a dredge to help save the eelgrass. The workgroup
wondered out loud where the mesh size regulations came from and how many rings. Mr.
Carlson clarified from the regulations that the dredges can't be more than 28 inches wide,
seven rings and the bar of the dredge isn't over 18 mesh long, and the dredge can't weigh
more than 40 pounds.
Mr. Sjolund suggested no more than seven rings and not more than a quarter -inch
diameter ring and the ring width not to exceed two inches. Mr. Blount noted that the
regulations mention the mesh, but that they don't specify the size of it, however, the size
of the rings does relate somewhat to the size scallops one is able to catch, so if the rings
were too big, some legally harvestable scallops might slip through the rings.
Mr. Brace asked the purpose of the rings. Mr. Blount said the rings have to be steel
because they're at the bottom of the bag, which is dragging over the bottom. Mr.
Shepherd warned that the workgroup should be careful not to make major changes to
dredge structure because how much they might impact the fleet financially. At this point
in the meeting, the workgroup seemed to agree that the weights scallopers put on their
dredges were what could be easily changed in the regulations more so than any other
aspect of the dredges and that the group should forget trying to change the number of
rings, their size, diameter and the mesh. Mr. Sjolund said he felt that 99.99% of the
dredges that do not have a weight attached to the dredge, is seven rings deep and not over
28 inches wide will not be 40 pounds. Mr. Cocker said that an 18 -inch dredge that is
weighted down does more damage to the bottom than a wider dredge of the same weight
because the dredge's weight is spread out over a larger area and therefore does less
damage. Mr. Blount expanded on Mr. Cocker's statement, saying more pounds per inch
are concentrated on a narrower dredge of the same weight a wider dredge and added that
the workgroup should consider lowering the maximum weight on dredges.
Mr. Cocker said he typically switches to wider dredges late in the season in an effort to
take it easy on the bottom and he recommended that the workgroup lower the maximum
dredge weight from 40 to 35 pounds. Mr. Sjolund agreed. The workgroup seemed to
agree that crux of lowering dredge weight is to save the eelgrass and scallop seed from
further destruction despite the fact there are a good number of skilled scallopers,
according to Mr. Cocker, who subscribe to school of finesse in towing their dredges and
can fish no matter what the conditions and not destroy bottom habitat unlike those
operating in the school of excavation who dig up a lot of sand and eelgrass plants
whenever they dredge. This change won't affect any of the dredges already in use. The
workgroup voted unanimously to lower the weight of dredges used to commercially
harvest scallops in Nantucket waters to 35 pounds from 40.
The workgroup briefly touched on the apprentice program, but Mr. Carlson said that it
should commit another meeting to this topic and move on.
On the part of the bylaw, not the regulation, that says scallopers who have to come in and
they have more than 3 '/z boxes, they can't go back out again, and in which a husband is
allowed to come back in and pick up his wife or fuel he forgot to bring out with him, and
not be penalized regardless of whether he has 3 '/z bushels or less in his boat or not, Mr.
Blount suggested that the group might amend the regulations to allow scallopers to go
back out with permission from shellfish wardens. But the group agreed to leave this alone
and not change this part of the bylaw. But then Mr. Sjolund suggested making it three
bushels instead of 3 1/2. However, Mr. Carlson noted that because this is part of the
bylaw, any proposed changes must go before Town Meeting voters.
Mr. Carlson said there are two or three things within the bylaw that need to match the
regulations because currently, they're contradictory. This includes the hours of fishing in
regards to fishing on Saturdays. The workgroup agreed to leave the hours of fishing,
6:30am to 4:30pm as is. Mr. Carlson explained that ending fishing at 4:30pm gives the
wardens and the harbormaster the time to account for everyone fishing that day and
rescue anyone if need be while it's still light out. The workgroup agreed not to change
this part of the bylaw.
Mr. Carlson said he would prefer that Harbormaster Sheila Lucy be present when
changes to this part of the bylaw are discussed. Mr. Sjolund noted that 90% of the time
other scallopers tow in those who've broken down. Mr. Carlson reported that he hasn't
heard of any complaints about the current hours of fishing and that guys who are either
going to be late coming in or who've broken down, almost always call in to the Marine
Department. Mr. Cocker said that fining scallopers for coming in late doesn't make sense.
Mr. Shepherd noted that getting Ms. Lucy angry should be enough of a deterrent. Mr.
Carlson and the group agreed that scallopers should let common sense be their guide
when it comes to fishing hours.
Mr. Smith said it's vital that every fisherman have a laminated card with the shellfish
warden's numbers on it. Mr. Carlson said that the commercial licenses are eventually
going to be plastic credit card size cards like scallopers' state licenses with all the
important numbers on it and that fishermen would also be issued a "cheat sheet" of
relevant information including the shellfish regulations and the bylaw.
Mr. Blount asked about discussing the shanties. Ms. Riley said this would be discussed
under violations and enforcement. Despite Ms. Riley's urging, there was a brief
discussion on general shanty regulations. Mr. Carlson said that generally, the shanties
should be helping regulate the fishery by reporting seed brought to them. Group
discussed the differences between public and private shanties. Mr. Carlson said the
regulations are an attempt to make shanty regulations abundantly clear. He added that
there needs to be something in the regulations that allows the town (shellfish wardens) to
enter and inspect any shanty for seed.
Mr. Smith brought up the issue of retired people with the free shellfish license selling
their catch and noted that some scallopers with paid commercial licenses have been know
to bring their "retired" spouses possessing the free over -60 licenses and bring home seven
bushels because he said the free license entitles the owner to two bushels per day. Mr.
Carlson
NEW BUSINESS
Other shellfish species
By -catch
Aquaculture
PUBLIC QUESTIONS AND COMMENT
RECAP and ITEMS FOR NEXT MEETING
ADJOURN
Future Meetings:
May 2 and May 16