Diver LEGISLATIVE ALERT
From Jack FullmerLOBSTER MAXIMUM CARAPACE LENGTH THREAT
10/5/05
National Marine Fisheries Service (NMFS) has proposed implementing a maximum carapace length for female lobsters in waters off of New Jersey. This would limit your right to take trophy lobsters. In Area 4, the maximum would be 5 and 1/4 inches and in Area 5, the maximum would be 5 and 1/2 inches. Yes, they are proposing 2 maximum size limits for waters off New Jersey. The line splitting Area 4 and 5 is just north of Barnegat Inlet.
Although the Atlantic States Marine Fisheries Commission has had a similar maximum carapace length in effect since 2002 for our waters, the maximum rule only applies to the commercial fishery. States were given the right to regulate the recreational fishery and recreational divers are exempted from the maximum carapace length in New Jersey. If the proposed federal rule passes, any charter boat that has the limited access federal lobster permit would be bound by the federal regulations right up to the beach. Those without the limited access permit would be bound by the federal regulations in federal waters, or so I was told by NMFS.
It also appears that a mistake was made in writing the proposal. On page 52359 of the Federal Register under 697.20 (Size, harvesting and landing requirements) under maximum carapace length, it says the maximum carapace length applies to all American lobster landed in the EEZ. Yet the intent of the regulation (p 52352) was to follow the Atlantic State Marine Fishery Commission regulation which only mentions a maximum for female lobsters. A NMFS staff person stated that the intent was female lobsters.
Asking a sport diver to accept a maximum carapace length is like saying a hook and line fishermen can take a 20 lb Striped Bass, but then saying it is illegal to take a 50 lb trophy Striped Bass. It is doubtful if all sport divers even know how to tell the difference between a male and female lobster. A recreational fishery should not be forced to accept rules that were designed specifically for a commercial fishery.
Please write to Harold C. Mears, Director, State, Federal, and Constituent Programs Office, Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope "American Lobster Proposed Rule Comments."
Comments may be sent via email at Lob305@noaa.gov , or faxed to
(978) 281-9117.
Comments must be sent no later than 5 p.m. on October 17, 2005.
Jack Fullmer
Legislative Committee Chairman
New Jersey Council of Diving Clubs
jf2983182@msn.com
