Comment from Nicholas Muto, CCCHFA/ F/V Time Bandit

Harold C. Mears, Director State, Federal and Constituent Programs Office NMFS, Northeast Region One Blackburn Drive Gloucester, MA 01930 November 17, 2008 Dear Director Mears: I am an Outer Cape Lobsterman and am writing to express my adamant opposition to the proposed changes to the Federal Regulations. I strongly disagree with both the new maximum carapace length regulation as well as the revision to the current v-notch definition. This position is based on the facts below: • All identified conservation goals are currently being met in the Outer Cape Lobster Management Area (LCMA). • Neither of the proposed regulations is supported by robust biological research. • Studies have shown that imposing minimum size limits (rather than maximum size limits) is the most effective means of increasing breeding populations of lobster. • Accepting these rule changes for the Outer Cape LCMA would violate the long-standing practice of independent, goal-oriented management of lobster populations through conservation equivalencies. • NMFS has substantially underestimated the negative economic impacts of implementing these proposed rules; enacting these regulations would lead to unnecessary financial hardship for affected lobstermen. For years, the lobstermen of the Outer Cape have been consistently proactive in their approach to protecting the area’s lobster resource. We have voluntarily accepted trap reductions and increased minimum gauge size to ensure healthy populations. These efforts have been rewarded; all available data indicate that the lobster resource in the Outer Cape LCMA is now both healthy and diverse. The responsible management practices of the Outer Cape serve as an example for other areas. Therefore, I see no reason to support new regulations which would further diminish the viability of local lobster businesses. Any small logistical benefit of regulatory uniformity is clearly outweighed by the potentially devastating economic impacts of these rule changes. I would strongly suggest that these proposals be tabled indefinitely. Thank you for your careful attention to this matter. Sincerely, Nicholas P.Muto