Comment from Marc Stettner

NORTHEAST HOOK FISHERMEN’S ASSOCIATION (NEHFA) MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT The 39 members of the NEHFA feel that we may be shut out of the cod fishery in New England. Now that 95% of the COD TAC has been allocated to sectors, the cod fishery may close before the fishermen located in the GOM get a chance to fish for cod and land our historical percentage of the landings 1.5%. The reason is that with the rolling closures, the areas in the GOM where we have access to only open up after July. There is a strong possibility vessels that are able to fish outside the rolling closures will harvest the remaining 5% common pool cod TAC before July and this could end up closing the GOM cod fishery before we begin. There is no way the Handgear permits can compete with Modern net gear commercial methods of harvesting cod, in a “race to fish”. Referring to table 58 in the document, the total number of active Handgear HA fishermen (limited access) has declined from 44 to just 23. This represents more than a 50% decline. This is a direct result of layers and layers of bad management decisions that did not address the special needs and handicaps of the Handgear fishermen. Referring to table 63 in the document, the average groundfish revenues for DAS vessels has increased from about $95, 000 in 2004 to $118,000 in 2007 where during the same time frame Handgear HA permit groundfish income stagnated at less than $5,000 per year. This is primarily because of the rolling closures removing our access to cod stocks when they were historically accessible to our fishery. Although we are able to join a sector, it is impossible to make a profit with the high costs of fishing under sectors. Just dockside monitoring would cost more than the value of our catch for a days cod fishing. Toss in VMS fees, Observer fees, Sector Fees, etc, it would cost the Handgear fishermen more than $500/lb to harvest cod. This document spells the end of the Handgear fishery in New England. To correct this, the only way would be to allocate our historical catch to the current fishermen HA permitted fishermen and let them be exempt from just about all the current sector controls that cost $$ to the fisherman as well as letting us fish for cod when we stand a chance of catching them at the time of the year when they are abundant along our coasts. Our catch rates are very slow and the commercial Handgear fishermen should be managed similar to the recreational cod fishery since the gear is the same. We were the first ground fishery in New England and this fishery plan will likely result in the Handgear fishery to be the first to no longer exist, forever. We feel that this document violates several sections of the MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT MSA Public Law 94-265 as follows: 98-623 (1) (4) Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C) carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges. We believe that we have not received a “fair and equitable allocation” of groundfish such as cod” How can this be debated if we are shut out of the fishery before the season opens or if soon after? The race for the remaining 5% of the cod TAC will begin and end before any Commercial Handgear fisherman puts his boat in the water. 104-297 (6) Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches. Since our numbers (Handgear Active fishermen with HA permits) has fallen to less than 50%, this document may end up driving the remainders out of the ground fishery in New England which is a violation of 104-297 (6) as stated above. 104-297 (7) Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication. This proposed action only increases costs by implementing the same requirements for sector vessels on Handgear HA permits, in order to join a sector. Due to the costs associated with joining sectors, it is not economically feasible. In summary we do not have deep pockets to settle this in the courts nor the political clout to make a difference. If the NMFS wishes to see the Handgear fishery continue and prosper, you know the changes that must be made. If noting changes this traditional fishery will no longer exist. It is suggested that a IFQ be developed for the cod Handgear fishery. This can work since our primary catch is primarily cod with some haddock and Pollock in the GOM with little or any other species that need formal rebuilding plans. “Prior to the introduction of steam trawling in 1906, groundfish were caught exclusively with baited lines, fished from schooners and their dories.” http://www.nefsc.noaa.gov/history/stories/groundfish/grndfsh1.html#st