PLEASE TAKE THE TIME TO READ THIS ALL THE WAY THROUGH!

Several members of LIDA attended the meeting of the Atlantic States Marine Fisheries Commission (ASFMC) this past Monday evening to gather information about the new lobster regulation proposals.This was the “public comment” session for the regulations that are going to become part of governing of our waters regarding lobstering. We also discussed the proposals in detail at the last LIDA meeting held April 19. The unanimous consensus at the LIDA meeting was that there are 5 specific matters in the various proposals that can affect recreational divers lobstering as will be indicated below.

There are MANY other matter in the various proposals, but they do not seem to directly impact on scuba divers taking of lobsters and are not addressed by LIDA.

For those who may not know, the ASMFC has been empowered by several states, including New York, to make BINDING rules concerning fisheries on a region wide basis. The document in question is the“‘Draft Addendum XI Public Comment Document(sic) To Amendment 3 To The American Lobster Fishery Management Plan”. It is clear that one of the 4 “Options” will be adopted and will have the full power of law. The meeting we attended was the required “Public Comment” phase of the regulatory process.

In a nutshell, there are 4 options or plans. “Option 1″ is essentially a “status quo” proposal and makes virtually no changes in matters that affect scuba divers. LIDA suggests that Option 1 is the best for divers.

Within the “Options”, and even to some extent “Option 1″, there are five matters which LIDA feels may affect Scuba taking of lobsters. They are:

1) A possible increase in minimum carapace size. The LIDA consensus was to oppose this. There seems to be no solid scientific or statistical evidence to justify that change.
2) A possible total ban on taking of female lobsters over a specific carapace size. The LIDA consensus was to oppose this or in the alternative to encourage implementation of the current Federal Rule which allows for one “oversized” female to be taken. Note, there is no maximum for male lobsters even being proposed. The LIDA consensus was that sexing lobsters underwater, or sometimes even out of the water, can be a very difficult task. So few “trophy” female lobsters are taken on scuba that it was felt that the regulation would have no benefit whatsoever and merely create areas of possible “violation” without gain to the lobster stock. Obviously the total ban on taking all “egg laden” females remains and has LIDA’s full support.
3) The possibility of “closed seasons”, perhaps as long as from August to October, for taking of lobsters.The LIDA consensus was to oppose this.
4) The possible modification of the already existing strict “no take” rule for “V-Notched” lobsters (LIDA does not oppose that already existing rule) to include lobsters with an “indentation.” The LIDA consensus was to oppose this change. It was felt that identifying an “indentation” is a very difficult task, again with little or no gain to the lobster re-populating goals of the Commission.
5) Possible imposition of “Delayed Implementation” penalties which would serve to ban any lobstering for an equivalent time period that the State might delay in actually implementing Rules adopted by the Commission. The LIDA consensus was to oppose this. To punish divers or other takers of lobsters for some slowdown in a political process seems unjustified.

Details on all proposals and “Options” etc. can be found at www.asmfc.org

The time for comment ENDS on MAY 4, 2007. 5:00 PM. We learned at the meeting that we attended that a “spread sheet” will be made, recording the number of people who have comments on SPECIFIC issues. That will be presented to the Commission on May 5, 2007. E-mail is an acceptable way to make comments and to be counted in the totals.

If you agree with the consensus at the LIDA meeting, I have drafted ( with the help of those who attended the meetings) and reproduced below a sample e-mail that you may wish to sent to Toni Kerns ASMFC. Her e-mail is

tkerns@asmfc.org

Her land address is
Toni Kerns
Atlantic States Marine Fisheries Commission
1444 Eye Street Northwest # 600
Washington, D.C. 20005

Phone (202) 289‑6400
Fax: (202) 289‑6051

A simple “cut and paste” of the proposed e-mail below under your e-mail address would be adequate for you to be counted if you so choose. Letters, faxes etc will also get you “counted”. Naturally, your own e-mail or letter expressing your position is of course sought by the Commission as well. Again, the matter is TIMES SENSITIVE and all comments must be received by ASMFC NO LATER THAN 5:00 PM, MAY 4, 2007.

Sample e-mail is below.

Thank you
Steve Burke
President LIDA

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

As a recreational scuba diver, I wish to be heard concerning the proposed amendments to the ASMFC American Lobster Fishery Plan. Initially, the Commission should be aware that the taking of lobsters by hand on scuba has minimal impact, if any impact at all, on the Commission’s goals of replenishment, preservation and growth of the lobster stock. Taking of lobsters by hand on scuba is however one of the main recreational pleasures in Northeast scuba diving.

I support “Option 1″, the status quo proposal.

Regardless of which plan is adopted, I wish to “weigh in” on the following 5 specific matters addressed in various Options as they may affect recreational taking of lobsters on scuba.

1) I believe that no increase in the current minimum carapace size for lobsters taken on scuba is warranted or appropriate.

2) I oppose setting of a maximum carapace size for female lobsters (none is proposed for male lobsters), for lobsters taken by hand on scuba. At a minimum, I encourage you to follow the current Federal Guideline which allows for the taking of one female lobster over the “maximum ” carapace size.

3) As to “V-Notching” of certain lobsters marking a prohibited catch, the language which includes an “indentation” as being included within the “V-Notch” definition and prohibition is unjustified and unworkable. A distinct “V Notch” is very different from an “indentation.”

4) I oppose any Rule or Regulation which would implement any “closed season”. Any proposed closure from August to October as contained in some Options, or in fact any closure for any part of that time would virtually eliminate the taking of lobsters on scuba by hand for the major part of our short Northeast scuba season.

5) I oppose “Delayed Implementation” Rules or Regulations . They are especially onerous and totally unfair. To penalize a recreational scuba diver for a delay by some State agency or other body in implementing a regulation “punishes” the wrong source who has no control over the implementation of Rules or Regulations.

Please make my views known to the Commission. Thank you for your time and attention