Comment from Terry Stockwell

April 29, 2009 Patricia A. Kurkul Regional Administrator NMFS, Northeast Regional Office 55 Great Republic Drive Gloucester, MA. 01930-2276 Dear Pat, I am writing to provide the Maine Department of Marine Resource’s (DMR) comments on the proposed rule that will allow for exemptions for vessels issued Federal scallop permits and fishing exclusively in Maine state waters. DMR generally supports the proposed rule and offers the following comments. DMR concurs that the proposed exemption from the 10-inch minimum mesh size is warranted. As noted in the Federal Register Notice, the 10-inch twine-top mesh size was designed to help reduce bycatch of flatfishes such as yellowtail, summer and winter flounders. Yellowtail and summer flounder are not common in Maine waters, and winter flounder are not common in Maine waters during the winter months in which Maine’s state water scallop fishery is prosecuted. DMR also concurs with the proposed exemption from scallop DAS for Limited Access scallop vessels. Because Maine’s scallop regulations are equally or more restrictive than federal regulations, Maine state waters are wholly contained within the Northern Gulf of Maine Management Area (NGOM) and the NGOM resource is managed as a distinct area separate from waters south of 42° 20’; this exemption will not jeopardize the biomass and fishing mortality/effort limit objectives of the Atlantic Sea Scallop Fishery Management Plan. However, we note an apparent inconsistency with the proposed Limited Access DAS exemption and the Limited Access General Category fishery. The justification which allows for the exemption of Limited Access DAS scallop vessels to participate in the Maine state waters fishery without using a DAS should also exempt Limited Access General Category IFQ vessels from having state water landings applied against their individual quota. Both allocations (DAS and IFQ) are generated based on, and are intended to sustainably manage, the scallop resource south of 42° 20’. It appears contradictory to propose an exemption for DAS vessels without an equivalent exemption for IFQ vessels. I appreciate the opportunity to comment and would be happy to answer any questions you may have. Sincerely, Terry Stockwell Director of External Affairs