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MASSACHUSETTS: Abandoned Fishing Gear Measures Become Law

December 18, 2024 — The following was released by the Office of Massachusetts Senate Minority Leader Bruce Tarr:

The powerful authority to remove abandoned fishing gear from the Commonwealth’s waters, long championed by State Senate Minority Leader Bruce Tarr (R-Gloucester) is now law, following the inclusion of Tarr’s language into the final version of a sweeping economic development bill (H.5100, An Act relative to strengthening Massachusetts’ economic leadership) by the legislature and the approval of that bill by Governor Maura Healey (D- Mass) when she signed it into law on November 20th, 2024. The bi-partisan, bicameral language was also co-sponsored by Senators Joan Lovely (D-Salem), Mark C. Montigny (D-New Bedford) and Patrick O’Connor (R-Weymouth).

“Left unchecked, abandoned fishing gear poses several threats to our marine environment and ecosystems,” said Tarr. He added that, “It ‘ghost fishes,’ increasing mortality without any harvest benefit, it presents a major risk for entanglement for right whales and other species, it clutters and pollutes the ocean floor, and it presents ongoing problems for coastal communities that have to deal with this form of pollution when it washes ashore and must be collected and disposed of before it does further damage.”

Currently, because Massachusetts law treats abandoned gear as private property even when it is unclaimed and no owner can be identified, state regulators at the Division of Marine Fisheries (DMF) cannot effectively develop and implement regulations to facilitate the systemic removal of the gear from state waters despite the clear and multiple environmental threats it poses on a continuing basis. This amendment reframes and restructures relevant portions of state law to allow the agency to engage the public process of creating new regulatory measures to allow the gear to be responsibly removed while respecting private property considerations.

“Derelict fishing gear has no place in our environment. Over 9% of fishing gear is lost or abandoned annually, but outdated state laws prevent efforts to recover it. This is a persistent problem—abandoned gear is a threat to endangered right whales, a safety hazard for mariners, a nuisance on our beaches, and a costly burden for municipalities to clean up,” said Department of Fish and Game Commissioner Tom O’Shea. “Thank you to Senator Bruce Tarr for leading this effort to modernize state law and streamline our department’s efforts to recover derelict gear.”

The passage of this amendment follows months of research on the subject by the DMF, and collaboration with Tarr and other legislators, with a focus on prioritizing the protection of right whales while recognizing the high price currently being paid by those in the commercial lobster fishery to protect this endangered species through the extreme economic sacrifice of enduring fishery closures that last for months and prevent harvesters and others from being able to earn a living.

“This amendment will support and maintain the integrity of fishing operations in Massachusetts,” said Lovely. “By taking this important action, we are protecting the livelihoods of our fishing communities. Thank you to Senator Bruce Tarr for his leadership and partnership on this amendment.”

Preserving the health of our waterways, coastlines, and fishing grounds is vital for the well-being of our oceans and the entire marine ecosystem,” said O’Connor. “Our commercial fishing partners have stood as steadfast advocates for their industry, and this amendment offers a decisive solution to address the issue of removing debris and lost gear that often washes ashore and has been challenging to manage in the past.”

“Abandoned and lost fishing gear can persist for many years on the ocean floor, in the water column, and on our beaches,” said Massachusetts Division of Marine Fisheries Director Daniel J. McKiernan. “We are grateful to the lobster industry leaders and conservation community leaders who came together with us to devise strategies to dispense of this marine debris and minimize the ecological impacts that it could create.”

“The Massachusetts Lobstermen’s Association (MLA) is proud to support this Abandoned Gear amendment that will modernize the law to help local communities with their beach cleanup efforts,” said Executive Director of the MLA, Beth Casoni. “The commercial lobster industry also helps with many of these cleanup efforts to maintain clean beaches for everyone to enjoy.”

This new law establishes the legal framework for the chronic nemesis of abandoned fishing gear to be removed from the state’s waters through appropriate regulations promulgated by the Massachusetts Division of Marine Fisheries (DMF). This bi-partisan, bi-cameral amendment was originally filed as a stand-alone bill (S.2793) earlier this year garnering co-sponsorship support from Senator Patrick O’Connor (R-Weymouth) and Representatives Ann Margaret Ferrante (D-Gloucester) and Kathleen LaNatra (D-Kingston). It was reported favorably by the Committee on Environmental and Natural Resources on June 17th, 2024.

“Our communities depend on a clean and unobstructed ocean. Abandoned and unused fishing gear threatens navigation of vessels, as well as the travel lanes of some of our marine species,” said Ferrante. “This amendment allows for the removal of legitimately abandoned fishing gear, protects marine life, while maintaining the private property rights of our fishermen and lobstermen.”

“Abandoned fishing gear presents a clear threat to the health and safety of marine wildlife and our ocean ecosystem as a whole. Yet, current statute prevents us from cleaning up our oceans and being proper stewards of our most important and vital resource,” said LaNatra. “I am proud to co-sponsor this amendment to ensure that our oceans and waterways are not being cluttered by gear that is no longer providing any economic benefits to the Commonwealth, and only adds to the threats that our marine ecosystems face today.”

The passage of this amendment follows several other initiatives spearheaded by Tarr, with the overwhelming support of the legislature, to protect right whales and support the state’s commercial fishing industry over the past several years.

They include:

Funding for Directed Patrols by the Massachusetts Environmental Police (MEP) of Areas Closed to Fishing Due to the Potential for Right Whale Presence

Tarr secured $250,000 in Fiscal Year 2022, and again in Fiscal Year 2024 for these targeted efforts to prevent harm to right whales during the peak times for their presence in Massachusetts waters. These efforts came at the request of the Massachusetts Lobstermen’s Association, because of the organization’s concern that injuries not related to active fishing could occur even as lobster harvesters were making the significant economic sacrifices caused by state waters being closed to lobstering.

The funding from this program has been highly effective in protecting right whales through several measures, including:

Prevention of Illegal Activities:

Increased patrols act as a deterrent to illegal activities in closed areas. These areas are designated to protect right whales during critical times, such as calving and feeding. Patrolling helps enforce regulations and prevents unauthorized fishing activities, reducing the risk of entanglement and collisions between whales and fishing gear.

Reduction of Entanglement Risks:

Closed areas are often established to minimize the risk of entanglement, a significant threat to right whales. Fishing gear, such as lines and traps, can pose a danger to whales if they become entangled. Patrolling closed areas ensures that fishing activities comply with regulations, reducing the likelihood of abandoned or improperly managed gear that could entangle right whales.

Enhanced Response to Gear Debris:

Increased patrols enable authorities to respond promptly to any fishing gear debris found in closed areas. Abandoned or lost gear, known as fishing gear debris, can continue to pose risks to marine life. Patrols help identify and remove such debris, preventing potential harm to right whales and other marine species.

Protection of Critical Habitats:

Closed areas are often designated in important habitats for right whales, such as calving grounds and feeding areas. Patrolling ensures that these critical habitats remain free from disturbances that could disrupt the natural behavior of the whales. Protecting these areas contributes to the overall well-being and reproductive success of the right whale population.

Research and Monitoring Opportunities:

Patrolling closed areas provides opportunities for research and monitoring efforts. Observations made during patrols contribute valuable data on the behavior, health, and distribution of right whales. This information is essential for implementing effective conservation measures and adapting strategies to better protect the species.

Funding for Gear Designed to Protect Right Whales

In Fiscal Year 2023, Tarr authored successful legislation to create a program for grants to lobster harvesters for replacement gear required for the protection of right whales. The grant program, funded at $500,000, provided the funds needed for harvesters to be able to afford the substantial cost of such essential fishing gear as “weak rope,” constructed to break in the event of high stress due to a whale entanglement.

DMF awarded approximately $475,000 to 162 Massachusetts lobster fishers to purchase whale safe rope and gear marking supplies.  The awards ranged from $1,000 to $3,025.

Endangered Species: North Atlantic Right Whales

The North Atlantic right whale is recognized for their massive size, distinctive callosities on their heads, and broad, deeply notched tails. These marine giants once thrived in the waters along the eastern coast of North America; however, their population has dwindled to critically low numbers, making them one of the rarest large whale species on the planet.

One of the defining features of North Atlantic right whales is their annual migration in which they embark on a seasonal pilgrimage, covering vast distances from their feeding grounds in chilly northern waters to their calving areas in the warmer, southern regions. The North Atlantic right whale’s migration typically occurs in late fall and early winter when they travel southward to give birth and nurture their calves in the subtropical waters off the southeastern United States.

During the spring (March to June), North Atlantic right whales can be spotted in the waters of New England as they migrate northward. This period coincides with their return journey from their calving grounds in the warmer southern waters. As the waters in New England begin to warm up, these whales travel along the Atlantic coast, feeding on plankton-rich areas.

It is important to note that the exact timing of their arrival and departure may vary each year, influenced by factors such as oceanographic conditions and the availability of their primary food sources. Understanding the intricacies of their migration patterns and addressing the threats they encounter during these journeys are critical steps in the conservation efforts, which aim to track and protect these whales during their migrations, especially given the various threats they face in their journey, such as vessel strikes and entanglement in fishing gear.

MASSACHUSETTS: NBFHC Awarded Seafood Marketing Grant from Dept. of Marine Fisheries

April 22, 2022 — The following was released by the New Bedford Fishing Heritage Center: 

New Bedford Fishing Heritage Center was recently awarded a $25,000 grant from the Division of Marine Fisheries’ (DMF) Seafood Marketing Program. The program was launched in 2016 to increase awareness and demand for Massachusetts seafood products and to enhance the viability and stabilize the economic environment for the state’s local commercial fishing and seafood industries and communities.

The Center’s project, A School of Fish: Infusing Sustainable Seafood into Culinary Arts Programs & the Public Palate, will support a year-long partnership with the culinary arts programs at Greater New Bedford Regional-Vocational Technical High School and Bristol Community College. Together, the Center and project partners will produce materials and programs to educate the next generation of chefs and the general public about the local seafood industry with a focus on local, underutilized, and abundant seafood species. “We are thrilled to support the seafood industry by helping to build demand for some of the lesser-known seafood species,” says the Center’s Executive Director, Laura Orleans.  In addition to producing curriculum materials and a digital cookbook, the project will support cooking demonstrations, classes, and a Seafood Throwdown.

“Importantly, these projects will educate and steer consumers towards the Commonwealth’s healthy and sustainable seafood, directly benefiting our economy and historic fishing communities.” Department of Fish and Game Commissioner Ron Amidon says: “The Seafood Marketing Grant Program projects provide further support the for the livelihoods of the many families who rely on commercial fishing, processing, and related business.”

Massachusetts DMF Releases Ropeless Gear Feasibility Report

April 5, 2022 — The Massachusetts Division of Marine Fisheries (DMF) has wrapped up the first phase of a two-year project to characterize the issues and challenges that may come to light with the integration of ropeless fishing gear into New England lobster fisheries.

Ropeless or On-demand gear will replace traditional vertical buoy lines with an eye toward protecting endangered North Atlantic right whales and will feature new gear retrieval and marking methods.

Read the full story at SeafoodNews.com

 

MASSACHUSETTS: $1.1M in pandemic aid headed to state’s seafood industry

February 22, 2022 — A more than $1.1 million boost from the federal government will help the seafood industry in Massachusetts weather and recover from the COVID-19 pandemic.

The $1,104,725 from the Seafood Processors Pandemic Response and Safety Block Grant Program will provide relief for local seafood processors and processing facilities, said U.S. Sens. Edward J. Markey and Elizabeth Warren in announcing the award last week.

The federal money will be distributed by the state Division of Marine Fisheries. It plans to award the money to applicants for improving workplace and worker safety measures, facilitating market pivots, retrofitting facilities, transportation, worker housing and medical services.

Read the full story at the Gloucester Times

Despite threats from fellow fishermen, lobstermen press Mass. to allow ropeless fishing in closed areas

February 1, 2022 — The lobstermen viewed themselves as trailblazers, even calling themselves “Pioneers for a Thoughtful Coexistence.” That was before fellow fishermen threatened to burn their boats and accused them of trying to steal their catch.

In an effort to prove that there’s a way for their industry to resume fishing in coastal waters where Massachusetts banned lobstering to protect endangered whales, they have asked regulators to allow them to set their traps without vertical buoy lines. Those heavy ropes, which connect traps on the seafloor to buoys on the surface, have entangled large numbers of North Atlantic right whales, scientists say, seriously injuring or killing the critically endangered species.

If the state approves their proposal, which has received support from right whale scientists and environmental groups, it would be the first time commercial lobster fishing would be allowed without buoy lines in any state waters.

“I’ve been trying my best to get our guys back fishing,” said Michael Lane, 46, a lobsterman who fishes 800 traps out of Cohasset. “I’ve seen so much taken away from us, for years; it’s nice to finally have the chance to see something going in the right direction. This could be a win for the fishing community.”

To protect right whales, some areas along the coast, such as Cape Cod Bay, have since 2015 been closed to lobster fishing between February and May, when large numbers of them feed in those waters. As the decline of the whales’ population has accelerated — scientists estimate their numbers are down 30 percent in the last decade — federal officials pressured the state to act. As a result, state officials last year expanded the three-month ban on traditional lobster fishing to most of its coastal waters.

“I do not expect to issue a decision for a few more weeks,” said Dan McKiernan, director of the state Division of Marine Fisheries.

He declined to comment on whether he’s inclined to permit ropeless fishing. “I am still gathering information from staff and considering the extensive comments,” he said.

After years of protesting the annual closures, officials at the Massachusetts Lobstermen’s Association urged McKiernan to reject the pioneers’ proposal, arguing that it could lead to “catastrophic” conflicts with other fisheries.

Read the full story at The Boston Globe

Massachusetts Breaks Seafood Value Record in 2021

January 13, 2022 — The Massachusetts Division of Marine Fisheries (DMF) announced the state’s seafood value reached an all-time high in 2021, with ex-vessel value landed sitting at over $800 million pounds by the end of the year.

Story Reed, Permitting & Statistics Program Manager for the DMF described the record-breaking year as a “remarkable turnaround from 2020.”

Reed broke down how 2020 impacted the seafood industry leading to revenue loss as traditional markets were essentially shuttered due to lockdown measures and consumers avoiding restaurants for most of the year.

For comparison to the $800 million, the 2020 ex-vessel value was $558 million and the five-year average (2015-2019) ex-vessel value was approximately $600 million, per the DMF.

Read the full story at Seafood News

David Goethel: A grievous assault on the lobster resource

November 4, 2021 — In recent years, the federal government in the form of the National Marine Fisheries Service has been expanding restrictions on fin fishermen throughout the U.S.  In the Northeast every aspect of a fishing vessel is controlled by regulation, from the size of the mesh in a net, to where and when and what you can fish for, to who is on your vessel and when you can leave the dock.

This has caused the fishing industry to shrink and the fin fishermen in New Hampshire have dwindled down to a handful.  During my lifetime, the fishermen in New Hampshire have had one commercial fishing organization.  We all meet together and work out our differences.  Compliance in all the New Hampshire fisheries is high and conflicts are few. After all, we are a community out on the ocean and need to work together.

Read the full opinion piece at the Portsmouth Herald

 

MASSACHUSETTS: Commercial black sea bass season expanded

August 27, 2021 — The state has approved an in-season adjustment to the commercial black sea bass fishery that will provide more open fishing days and higher catch limits.

The in-season adjustments, approved by the state Marine Fisheries Advisory Commission based on recommendations by the state Division of Marine Fisheries, represent the first adjustments in commercial fishing limits for the directed hook and line and pot fishery for black sea bass since 2017.

Since 2017, Massachusetts’s share of the annual commercial black sea bass quota, allocated by the Atlantic States Marine Fisheries Commission, has increased 32%.

Effective Aug. 30, according to DMF, Mondays and Wednesdays will be added as open commercial fishing days for the directed commercial black sea bass pot and hook and line fisheries.

The additional days will allow anglers to fish for black sea bass Sunday through Thursday.

On Oct. 1, the schedule will be expanded even more when Fridays and Saturdays are added to allow commercial harvesters to fish for black sea bass seven days per week.

Read the full story at the Gloucester Daily Times

MASSACHUSETTS: Expanded commercial season for black sea bass proposed

August 3, 2021 — The state Division of Marine Fisheries is looking to add more open fishing days to the 2021 commercial black sea bass schedule, as well as increase trip catch limits.

The in-season adjustments, for which DMF is seeking public comment, are designed to provide fishermen with more access to the coveted stock and guard against fishing days lost to inclement fall weather.

Under current 2021 regulations, the commercial black sea bass schedule calls for three open fishing days per week — Sunday, Tuesday and Thursday.

Under the new proposals, open fishing would be allowed five days per week, Sunday through Thursday, effective Aug. 30.

Then, effective Oct. 1, the state would eliminate all closed fishing days and allow commercial harvesting of black sea bass seven days per week until the end of the season.

“This will provide the commercial fishery with additional access to the quota during the fall period to account for potential days lost to weather, as this small boat fishery is frequently limited by worsening fall weather,” DMF stated in the solicitation for public comment.

Read the full story at the Gloucester Daily Times

Massachusetts Makes Millions More Available in Aid for Fishing Industry

July 26, 2021 — As the hard-hit Massachusetts fishing industry work to get back on its feet from the pandemic, the state Division of Marine Fisheries announced last week the release of another $23.8 million in CARES act money to assist with recovery efforts.

Grant applications have gone out to seafood processors, commercial fishermen, shellfish farmers, and for-hire recreational vessel owners, Gov. Charlie Baker said in announcing the second round of funding.

“The fishing and seafood industries are integral parts of the economy, history, and culture of Massachusetts, and have suffered significant losses during the Covid-19 pandemic,” the governor said. “We were pleased to coordinate the distribution of $28 million through the CARES Act last year and our administration remains dedicated to supporting these industries with this second round of federal relief funding.”

Four months ago the U.S. Secretary of Commerce announced an additional $255 million in fisheries assistance funding for states with coastal and marine fisheries negatively affected by Covid-19. Massachusetts received the third-highest allocation, after Alaska and Washington state.

Speaking to the Gazette by phone last week, Dan McKiernan, director of DMF, said Island seafood markets, charter and party boat operators, commercial oyster farmers, shellfishermen and commercial fishermen are all potential grant recipients. All were hit hard in the pandemic’s earliest months.

Read the full story at the Vineyard Gazette

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