Commercial fishermen and NMFS have come to a conclusion regarding a change in a
final rule for the Atlantic herring fishery issued in November 2009. The rule outlined new protocols that herring midwater trawl ships must follow in order to fish in an ocean area closed to nearly all types of fishing gear to protect groundfish nursery areas southeast of Cape Cod. Local fishermen filed the suit in December 2009, requesting that the court require NMFS to reconsider a loophole that weakened the new protocols and declare the loophole illegal under the Magnuson-Stevens Act, our nation’s fisheries law.
Groundfish fishermen have sacrificed a lot over the years to help rebuild these important fish populations and access to groundfish closed areas requires strict oversight so closing this loophole will allow for better data on bycatch and a realistic view of what midwater trawlers are catching out there. The new protocols were instituted because the midwater trawl fleet had exceeded its limits for groundfish bycatch in the area, known as Closed Area 1.
The final rule issued by NMFS, however, contained a surprise loophole that allowed for the dumping of catch before observers could inspect it. This change was never sent out for public comment and contradicts the original rule, which had received overwhelming public support. Earthjustice Attorney Roger Fleming said that it is good to know that the Fisheries Service has agreed to send the dumping exception out to the public for comment.
He told that once the Agency hears from New England fishermen, other experts, and the public they will agree that there is no need to include such a gaping loophole and that everything caught in midwater trawl ship nets can — and must — be brought aboard to be documented.
