GSAR Case 2006-504; Rewrite of GSAR Part 516; Types of Contracts (Comment #1)

Dear Ms. Colligan: I am writing today to urge you not to delay important protections for critically endangered North Atlantic right whales and other endangered whales. Current regulations would require all East Coast pot, trap and gillnet fishermen to convert their groundlines from floating line to sinking line by October 5, 2008, to reduce entanglements of whales. The proposed rule would delay the effective date of this requirement for pot and trap fishermen for 6 more months, leaving whales vulnerable to entanglement in pot and trap gear during the delay. The proposed rule is unnecessarily broad in scope. It would relax requirements for the use of sinking line that are already in place and being used by many New England lobster fishermen. Lobster fishermen have been required to convert portions of their gear to sinking lines to comply with seasonal and dynamic area management requirements since 2002, and the state of Massachusetts implemented sinking line requirements for all lobster gear used in state waters as of January 1, 2007. More importantly, the proposed rule would leave no protections in place for whales during the delay, except for the requirement to use weak links. The National Marine Fisheries Service (NMFS) has determined that weak links alone are inadequate to prevent entanglements of whales. Other gear restrictions that have been in place under seasonal and dynamic area management measures will be completely phased out by October 5, 2008. Three out of four known right whales show signs of entanglement, and 9 new entanglement cases have already been documented this year, including 5 entangled right whales. NMFS is required by law to ensure that sufficient protections are in place to prevent human caused activities from jeopardizing whales. In the case of right whales, NMFS has determined that the loss of even a single whale could hasten the demise of the entire species. It has been more than 10 years since fishing gear was determined to be a major source of death for right whales, humpback whales, and fin whales. The requirement to convert portions of pot, trap, and gillnet gear to sinking line is an important step in reducing the probability that more whales will become entangled. Delaying the implementation of much needed protections without having alternative protections in place is irresponsible and leaves endangered whales unprotected from harm. Thank you for considering these comments in opposition of the proposed rule. Sincerely, Jessica Custer