Bad News for US Tuna Fisherman Revisited

[Captain Greg Sears]

First of all Thank you to everyone who is getting involved!

I will be posting my formal draft of my proposal to the NMFS / HMS very soon on this thread. A group of us the Secret Society of Tuna ( Sons of Tuna Liberty ) are seeking a lawyer who would be willing to review our proposal to check legitimacy of our wording and help us word our document correctly to avoid opposition from knocking us down. If you "are" or "know" a "fisherman" and a "lawyer" who is willing to help us Please contact me at 781-545-6516 it is imperative we get this done by March 4th 2009 by 3pm. I will donate charters to anyone who can help us. Thank You Again.

Captain Gregory Poole Sears
Mass Bay Guides

Go to other thread Bad News For US Tuna Fishermen

[WAHOONBOX]

WE HAVE A LAWYER MEMBER HERE


CALLING OUT "TROLLMAN" WHERE ARE YA DUDE???

[Captain Greg Sears]

Submitted By:
Captain Gregory Poole Sears F/V Fortuna Doc#1133717
CFR Citation: 50 CFR Part 635

Docket ID:

[Docket No. 080728943-9153-01]

RIN ID:

RIN 0648-AX12

NOTICE: PROPOSED RULES
DOCID: fr18fe09-21
ACTION: Atlantic Highly Migratory Species:
DOCUMENT ACTION: Proposed rule; request for comments; notice of public hearings.

Suggestions for the allocation of Bluefin Tuna in the USA Western Atlantic Fisheries for the season 2009. Captain Gregory Poole Sears also asking for nomination to the HMS advisory Panel. Please read the entire document before commenting.

The 1999 Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999 FMP) and its implementing regulations established baseline percentage quota shares for the domestic fishing categories. These percentage shares were based on allocation procedures that NMFS developed over several years. The baseline percentage quota shares established in the 1999 FMP and continued in the Consolidated HMS FMP, i.e., effective since June 1, 1999, are as follows: General category 47.1 percent; Harpoon category 3.9 percent; Purse Seine category 18.6 percent; Angling category 19.7 percent; Longline category 8.1 percent; Trap category 0.1 percent; and Reserve category 2.5 percent. The proposed 2009 fishing year specifications would allocate the 2008 ICCAT recommended quota for the 2009 fishing year among these established domestic fishing categories and would allocate 25 mt for bycatch related to directed longline fisheries in the NED.
Notice the above has not been changed since 1999.

I am suggesting these change’s below:

The 1999 Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999 FMP) and its implementing regulations established baseline percentage quota shares for the domestic fishing categories. These percentage shares were based on allocation procedures that NMFS developed over several years. The baseline percentage quota shares established in the 1999 FMP and continued in the Consolidated
HMS FMP, i.e.,

that should be adjusted, are as follows: General category 37.1 percent; Harpoon category 3.9 percent; Purse Seine category 8.0 percent; Angling category 19.7 percent including 55% of the under 47" fish; *Charter category 22% including 45% of the under 47" fish; Longline category 5.0 percent; Trap category 0.1 percent; and Reserve category 4.21 percent left set aside for use if needed. The proposed 2009 fishing year specifications would allocate the 2008 ICCAT recommended quota for the 2009 fishing year among these established domestic fishing categories and would allocate 25 mt for bycatch related to directed longline fisheries in the NED.

**

NMFS has prepared a draft Environmental Assessment (EA), Regulatory Impact Review (RIR), and an "Initial" Regulatory Flexibility Analysis (IRFA) which present and analyze and anticipates environmental, social, and economic impacts of several alternatives for each of the major issues contained in this proposed rule. The "incomplete" list of alternatives and their analysis is provided in the draft EA/RIR/IRFA, and is not repeated here in its entirety. A copy of the draft EA/RIR/IRFA prepared for this proposed rule is available from NMFS (see ADDRESSES). 2008 ICCAT Recommendation, BFT Under harvests, and Transfers to Other ICCAT Contracting Parties

2. **Charter Category Allocation: Charter fishing is a commercial business that has grown considerably since the 1999 allocations of quota, and generates millions of dollars in domestic income. The charter category deserves its place in the allocation. And the right to protect a share of the U.S. Bluefin tuna quota.
3. IE: a general category fisherman sells a 500# tuna for $10 a pound value of economic income $5000;
4. A charter fisherman sells a 500# tuna @ $10 per pound $5000 plus $1000 for the charter plus $400 hotel plus $100 for food plus $100 in travel expense Value of economic income = $6600
5. A Charter fisherman goes out and only catches a 47" general ICCAT quota fish. The charter cost $1000 the travel cost $100 the food cost $100 value of economic income= $1200 for a fish that was not recorded as having any economic impact to our U.S. fishery.
6. Possible tax income for U.S. = 28% of millions of dollars.
7. This why Charter boats deserve the right to protect a share of this fishery.

***Suggested changes in Bag limits of Bluefin tuna in order to better fill the ICCAT quota to keep our quota in the USA. Subject to decrease in order to allow, access to the fishery for All US fisherman on the Western Atlantic or US eastern seashore. Or to even increase the bag limit to keep our ICCAT quota.
Angler

= 1 -27" to 47" + 1 over 47" to 73" + 1 trophy 73" or bigger per year

Charter

= 1 -27’ to 47" + 1 over 47" to 73"+ sell one General category fish per day (customers choice for percentage of value)

General

= 1 over 68" + 3 over 73" + allowed cumulative days at sea but only 1-68" to 73" fish per boat trip.
All other bag limits Stay at Industry standard.
If NMFS or any other landings reports data companies compare this data to the last 4 years data, I am confident you will find these bag limits are in accord with recommended ICCAT quotas and will probably remain under the ICCAT recommended quota.

***

Atlantic tunas are managed under the dual authority of the Magnuson Stevens Act and ATCA. ATCA authorizes the Secretary of Commerce (Secretary) to promulgate regulations, as may be necessary and appropriate, to implement ICCAT recommendations. The authority to issue regulations under the Magnuson Stevens Act and ATCA has been delegated from the Secretary to the Assistant Administrator for Fisheries, NOAA (AA).
***The addition of the Charter category would take about 20% of the Bluefin tuna in our U.S. ICCAT general quota and keep the income inside the United States helping our economic stimulus package. It will also end some dissension between the ranks of the US fisherman IE: double dipping. There will also be more categories of representatives from the USA with a share in the interest in our ICCAT allocation of tuna. We would also be lowering our own quotas for non discriminatory types of Fishing. IE: Longline and Purse Seine. We will reduce some pressure from commercial fishing as outlined in the "Magnuson Stevens Act"

Issues for Rebuttal:
*?

Why did you take fish away from the General, Purse Seine and Long line categories?

Answer

: They have not filled their Quota for some time and this percentage breakdown still gives them more than they have caught regarding their ICCAT quota since 1999. This also helps the dilemma to reduce commercial fishing pressure. Also the Charter boats can show a monetary value to fish under 73" this may help in the redistribution of shares of allocation in the next ICCAT quota review. This will show historical economic impact and value to our sport fish over 47".

*?

Why do you want to let charter boats sell fish?

Answer

: Because a good percentage of the charter boats are former commercial boats and have switched to the charter industry for monetary reasons and they need the supplemental income. Also they are all licensed and permitted to stricter regulations than the general category boats.

*?

What about the fluctuations in seasons and migration between the northern US group and the southern US group?

Answer

: There are provisions to limit the catch rate during the season. One suggestion would be to keep a closer record of landings by monitoring and enforcing landings reports more vigorously by restricting permit renewals, and limiting either or fishery for infractions.

*?

Why are you including 45% of the under 47" fish category in Charter boats?

Answer

: The under 47"or juvenile category is 10% of the total allowed catch by ICCAT and these fish can only be caught for personal consumption or bycatch. Charters need these fish to offer the recreational fisherman on their boats a consumable product. Plus many charter boats are involved in the research of Bluefin tuna including tag and release and biological autopsy.

In conclusion:

I believe my data to be factual. I encourage everyone to read and study this issue, so we all have a better understanding of this and more input.
I have listened to hundreds of people and spent hundreds of hours reading and calculating. This proposal is an accumulation of many fisherman mostly captains with interest in the Bluefin tuna fishery.

I own and operate a charter business located in Scituate Massachusetts Bluefin tuna fishing charters make up 80% of my charters. My charter fishing business makes up 100% of my income. And I employ many local charter boats.
I am new to the lawmaking aspect of this fishery and have recently studied things very closely. I am concerned for the future of my American Dream to die a fisherman’s father.
Captain Gregory Poole Sears
Po Box 206 Greenbush MA 02040

781-545-6516 / fishing@massbayguides.com

[Captain Greg Sears]

February 26, 2009
Dear Recreational Bluefin Tuna Angler:
In consideration of our request to have you attend the National Marine Fisheries Service (NMFS) Hearing on March 4

th (3:00 to 5:00 PM, Great Republic Drive, Gloucester, MA), I have written this note which should provide a basic understanding of the current situation, what is at stake, and a possible short term strategy to protect US interests. - NMFS HMS Advisory Panel Member, Steven James

The problem –

The United States is signatory to ICCAT (International Commission for the Conservation of Atlantic Tuna—a group of 20 nations plus the nations of the European Union (approx. 20 additional nations) and is bound by ICCAT mandates.

If US total BFT catch continues its current catch trend (below ICCAT allocated quota), the US stands to lose approximately 50% of its quota in 2011. This loss will be felt across the spectrum of US tuna fisherman including both commercial and recreational through our established percentage quota shares of the total US quota

ICCAT will reassign the unused portion of the US quota to another nation such as Mexico, Japan or Canada (it could even go to Belize) in 2011. In a nutshell, 50% of a natural resource that has traditionally been the livelihood of US Commercial Fishermen and one that is highly regarded by recreational anglers is in serious jeopardy of being permanently lost to another country or countries.
While US commercial and recreational fishermen fish under the most stringent and conservative self imposed regulations of any country in the world, ICCAT’s longstanding "use it or lose it" quota policy will serve to punish US fishermen for being conservative and going above and beyond the call of duty to rebuild Western Atlantic BFT stocks.
The US Commercial BFT retention limit is determined by NMFS and it is currently set at 73". While the US uses 73" as its minimum commercial size, Canada, Japan and Mexico use the ICCAT minimum length of just 45". Thus, US fishermen are required (by US/NMFS regulations) to release BFT that are perfectly legal to sell in other countries that fish the Western Atlantic. In essence, the United States’ unilateral higher level of standards and efforts (73" minimum for commercial fish) to preserve this magnificent fishery will result in not only United States loss of quota, but also will have a direct and immediate negative impact on the restoration of the bluefin population (decimation of juvenile fish).
If the US BFT quota is reassigned because we can’t fill the 2009 and 2010 quota, it will most surely be assigned to a country that uses 45" as its minimum commercial length. Further, any country that receives the US unfilled quota will be able to fish the 45" limit until the end of the stock rebuilding program which ends in 2018! This is likely to result in our US giant BFT quota being filled by another country with thousands of juvenile fish. If this whole thing seems unfair, it is because it is terribly unfair and a very inefficient if not impossible way to rebuild a fish population!

Clearly the US needs to convince ICCAT that it should not strip quota away from any country that chooses to fish under more conservative guidelines than those established by ICCAT

. Unfortunately, this is a battle that will need to take place at the next 2011 ICCAT meeting as the rules are already established for 2009 and 2010. But a similar battle will be waged over loss of US swordfish quota this November 2009 because the US has not caught its swordfish quota in many years.
Because of ICCAT’s "use it or lose it" policy, the US long term biological goals of BFT stock rebuilding need to take a back seat to our short term political problems (quota usage) or the fish stocks that we have fought to preserve and rebuild are simply going to be reassigned to other nations. In essence, our past fishery management effort s will have been largely in vain unless we can land most of the US 2009 and 2010 quotas.
The United States’ ability to reach the 2009 quota is absolutely critical as the 2010 fishing year will not have concluded when the 2011 ICCAT meeting begins.

Unless something is done, transfer of US allocation to other nations will result in two very bad things—the permanent loss of United States allotted tuna catch (both commercial and recreational), and a significant reduction in tuna population via ICCAT approved commercial take of 45" by nations to whom that transfer is made.
The proposals -
Proposal 1

- Augment existing commercial retention limits with 65+ inch BFT as a temporary measure until either the availability of giant BFT become more plentiful or ICCAT recognizes the sacrifices of US fisherman (73" minimum) and subsequently changes the threatening measures to countries that fish with stricter standards than current ICCAT requirements.
The specific allocation caps for each category will be determined by the result of a mortality neutral formula. The intent is to maintain the current level of mortality by catching a predetermined amount of smaller fish at an overall predetermined lower quota level. Simply put, to catch more smaller fish to meet our quota we have to give up giant quota to keep the rebuilding plan on track.
This will entail determining how much uncaught BFT is at risk for transfer as a result of ICCAT policy, then complete the calculations needed to evaluate the neutral mortality option and then manage the specific allocation cap through a working group supported by NMFS. These results would then go to hearing for 2009 effort control.

Proposal 2

- Allow General Category BFT fisherman to determine landings based upon the number of days of any given trip. Currently there is a landing limit of three BFT per vessel per day with no consideration given for long range trips in the General Category. By allowing multi-day trips to retain more than 3 BFT, areas of offshore fishing that have been economically off limits due to operational overhead may become obtainable.

Proposal 3

- Increase the number of BFT retained by Recreational Anglers from one fish to two fish per day.

Proposal 4

- Allow Charter/Headboat Category fishermen to fish both recreationally and commercially in the same day and on the same trip.

Recreational Implications –

The US Recreational BFT quota has historically been determined by NMFS as a percentage of the overall US quota. Currently, the 2009 BFT Recreational Category quota is 19.7% of the US baseline quota. Because the Recreational quota is based upon the overall US quota, any US BFT quota that is re-assigned to another country by ICCAT will be felt in all Categories including the Recreational Category.

Current Recreational size, quantity, and probable fishing season will be dramatically altered. Therefore, it is essential that General Category, Harpoon Category and the Recreational Category BFT fishermen work closely together to try to achieve the 2009 and 2010 US quotas.
Based upon historical landings data, the US has not reached its’ yearly ICCAT BFT quota since 2003. Further, the US has not been able to reach more than 50% of its’ ICCAT BFT quota since 2005. If the recent BFT yearly landings are an indicator of the 2009 landings, it would appear that we will be off by more than 50% of the US BFT quota unless something is done to remove or modify the overly strict effort controls imposed by the National Marine Fisheries Services.
Because the 65" BFT retention proposal is a category specific proposal (General Category and Harpoon Category), the existing US Recreational quota and size limits will not be affected by either proposal above. Therefore, Recreational anglers will still be allowed one "Trophy" BFT (73" or larger) per year if NMFS accepts the 65" proposal above. Anglers will also be able to pursue their regular full quotas of schoolies and small mediums.

Action Required –

It’s your fishery, be prepared to defend it. Attend the NMFS Hearing on March 4

th (3:00 to 5:00 PM, Great Republic Drive, Gloucester, MA)
Send a copy of the sample attached letter to Sarah McLaughlin at the NMFS Gloucester office.

You may submit letters and comments, identified by "0648-AX12", by any one of the following methods: Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov Fax: 978-281-9340, Attn: Sarah McLaughlin Mail: Sarah McLaughlin, Highly Migratory Species Management Division, Office of Sustainable Fisheries (F/SF1), NMFS, 55 Great Republic Dr., Gloucester, MA 01930

[FullStrikeAngler]

Greg what do we gain from membership in ICCAT?

I appreciate the work you are putting into this fight!


Capt. George
Full Strike Anglers

[Fin Chaser]

Greg,

I would be willing to throw a few buck in the pot to aid in this fight, anyone else?

Dan
www.finchasersportfishing.com

[Captain Greg Sears]

This is a breakdown of fish using the percentages of Quota for my Suggested Categories.

This is needed in order for each category to have control over their portion of the quota. If we crazy in any category this could shut down any of us this is why Charter boats need to protect a share especially if general Category lowers their length.

Recreational Category 19.7 % of the Total ICCAT quota plus 55% of juvenile fish

Juvenile fish = 105mt or 3,850 / 60 pound fish around 47”

Small Medium = 309mt or 6,800 / 100 pound dressed or around 60” fish

Total = 414mt or 10,650 fish average to these sizes.
I polled a group averaging .3 fish per day (point 3) for 7 days including non fishing days


Charter Category 22% of the total ICCAT quota plus 45% of juvenile fish

Juvenile fish = 95mt or 3,483 / 60 pound fish around 47”

Small medium = 462mt or 6,776 / 150 pound fish dressed or around 65”

Total = 557mt or 10,259 fish average to these sizes
I polled a group averaging .4 fish per day (point 4) for 7 days including non fishing days


General Category 37% of the total ICCAT quota

Medium fish 25% = 194mt or 2,849 / 150 pound fish dressed or around 65”

Giants over 73” = 583mt or 4,275 / 300 pound fish dressed or around 80”

Total = 777mt or 7,124 fish average to these sizes
I polled a group averaging .02 fish per day (point 02) for 7 days including non fishing days


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Bad News For US Tuna Fishermen[/quote]

[Rob Rondini]

there will also be a hearing on this subject at n.o.a.a. headquarters in silver spring md. on march 17th from 4-6pm.i was thinking about attending so if anyone has some information i could use to get a word in would be great.
you can also be heard by e-mail thru www.regulations .gov identify as 0648-av58. or fax comments to sarah mclaughlin at 978-281-9340.
i agree with your redistribution ideas capt. sears, but i think the bigger problem is with the depletion of the species, the u.s. need to grow a set of nuts and find a way for us to keep our quotas. it does no good for us to fill a significanly higher percentage of our quota or have it given to another counrty to fill. dont get me wrong, i'm all for us to take a little more to make a living. but this is a global issue. i also heard a nasty rumor that the u.s. might be selling a portion of our quota to other countries. i hope there isn't any truth in that.

[Captain Greg Sears]

I do agree with your comment and hope you get a good responce for the next meeting I will be there also. Here is my summary I plan on reading at the meeting

Letter of conclusion:Proposed rule; request for comments; notice of public hearings. March 4th 2009
My name is Captain Gregory Poole Sears owner of the F/V Fortuna Doc#1133717

I am submitting this proposal regarding; some suggestions and theory for the allocation of Bluefin Tuna in the USA Western Atlantic Fisheries. For the season 2009 through the ICCAT review in 2011. And for requesting some future investigation and review for the historic value and the environmental, social, and economic impacts of the Charter fishing industry and the Bluefin tuna fishing industry, regarding allotments of quota from NMFS and ICCAT. And to look closely into international turf related issues regarding fishing since the US demanded the right to represent its self in 1765.

My data in this proposal orchestrates possible scenarios that could help everyone involved in this fishery.
I believe my data to be factual. I encourage everyone to read and study this issue, so we all have a better understanding of this and more input.
I have listened to hundreds of people and spent hundreds of hours reading and calculating. This proposal is an accumulation of many fisherman mostly captains with interest in the Bluefin tuna fishery.

I own and operate a charter business located in Scituate Massachusetts Bluefin tuna fishing charters make up 80% of my charters. My charter fishing business makes up 100% of my income. And I employ many local charter boats. I am not new to the enforcement of fishing laws I spent 4 years in the Bearing Sea and the Gulf of Alaska aboard the USCG cutter Storis at the capacity of a fisheries boarding crew. I also spent 3 years at USCG station Scituate at the capacity of a search and rescue Boatswains Mate.
But; I am new to the lawmaking aspect of this fishery and have recently studied things very closely. I am concerned for the future of my American Dream to die a fisherman’s father.
Captain Gregory Poole Sears
Po Box 206 Greenbush MA 02040
781-545-6516 / fishing@massbayguides.com