Below you will find comments submitted to the National Marine Fisheries Service (NMFS) by The Billfish Foundation (TBF) in response to a request from the Blue Water Fishermen's Association for an Exempted Fishing Permit (EFP).  If approved, this exemption would allow 13 longline vessels to fish an area now closed to longlining in federal waters 40 miles north of Fort Pierce (~ 280  N. Latitude) and east of the axis of the Gulf Stream, continuing northward and east to the 100 fathom contour and the northern boundary of the Charleston Bump closed area.

 

TBF opposes the issuance of such an EFP as the intent of the permit is not scientific or experimental but is solely to allow longlines to fish in the closed area.  The area closures to this gear were implemented to reduce the bycatch and mortality of juvenile swordfish, white and blue marlin and sailfish and they have succeeded at that goal.  The NMFS recently allowed multi-hook bouy gear into these areas and there has yet to be an evaluation of the impacts and extent of commercial catch this gear will afford the industry.  The closures have achieved the bycatch reduction goals and have created a dynamic and economically strong recreational swordfish fishery in an area previously devastated by commercial overfishing.  

 



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April 25, 2007

 

Michael Clark

Highly Migratory Species Division (F/SF1)

National Marine Fisheries Service

1315 East-West Hwy

Silver Spring, MD 20910 

                                                               Transmitted Via Email

                                                               Atlantic HMS EFP

                                                               I.D. 030107C       

Dear Michael,

 

The Billfish Foundation (TBF) appreciates the opportunity to comment on the 13 Exempted Fishing Permits requested by BlueWater Fisherman's Association to fish  within some waters of the east coast closed zone. 

 

TBF does not support the requests to approve the EFPs.  The area was closed to provide protection of juvenile swordfish within a nursery area, protection for sailfish and protection for severely overfished white marlin and blue marlin.  

 

The hooking of undersized swordfish within waters of the zone, even if released, is going to contribute to mortality of juvenile fish, fish that are important within their own year class.  Allowing fish within each year class to grow and reach age and size of sexual maturity within the zone before migrating beyond will contribute to the replenishment of the stock, and thus, the catches of many nations.  This zone is a well spring for all International Commission for the Conservation of Atlantic Tunas (ICCAT) fishing nations' and deserves the current protections to remain in place.  Already there is concern over the number of undersize swordfish being caught by other gear within the zone.  This issue needs addressing separately during the next Amendment process to also better insure protection of swordfish stocks and continued fishing opportunities by all interests.    

 

If longline gear is approved to fish within waters of the closed zone, the gear will also target yellowfin tuna, a species currently of higher value than swordfish.  Longline fishing for tuna in the zone will increase the mortality of severely overfished white marlin and blue marlin.   The highest marlin bycatch by U.S. vessels occurs in the tuna longline fishery.  Ironically, as the agency considers these EFP applications, it is in the middle of  the process to re-assess white marlin under the Endangered Species Act (ESA).  It is extremely important to keep in mind that even though the 2006 analysis of white marlin stocks indicated a slight upturn, the science noted this indication comes with a number of concerns.  We at TBF remain cautiously optimistic.  However, white marlin are still severely overfished.  Catch history indicates that longlining within the waters now of the east coast zone and just beyond produced a reasonably high interaction rate with white marlin.   Why would the agency authorize any federal action that might increase white marlin mortality while they are re-assessing the same species under the ESA?   This would not be logical and might trigger subsequent actions by others on the whole ESA issue.  In light of the severely depressed status of white marlin, even if a 50% reduction in their bycatch within the zone could be demonstrated with the newly required commercial circle hooks, that would be good overall, but irrelevant for considering opening the zone in light of their status.  Knowingly increasing white marlin mortality at this time is unreasonable and would not demonstrate good judgment.  When white marlin recover to the point North Atlantic swordfish have recovered, then the issue of whether a 50% reduction in a bycatch rate within a zone could be re-examined.  If white marlin were to be listed under the ESA, which we hope does not occur, the significant fishing restrictions that could result on all gears would likely cause far greater negatives on the pelagic longline fishery than the restraints of fishing outside the present closed zones.   The government taking action that knowingly would increase white marlin mortality at this time would contribute to the further decline of white marlin. 

 

Sailfish, which have received fewer stock assessments and scrutiny than swordfish or marlin, are also benefiting from the closed zones, as are other non-HMS species.  

 

Bycatch reductions from the use of the newly required circle hooks in the commercial pelagic longline fishery would be positive and should be clear justification for the continued use of the hooks.  Fishing within the closed zones is not necessary to prove reduced bycatch mortality, especially on severely overfished species, like white marlin and blue marlin.  In fact, this sort of data is being collected in the U.S. longline fishery as it uses the circle hooks in all waters open to the gear.  A comparison with historic bycatch data in the open waters can easily be made utilizing the fishing effort that currently exists. Hopefully, this circle hook gear change in the longline fishery can be exported to other nations and become a standard operating procedure.  Successes in reducing bycatch and targeted catch mortality should be a goal shared by all users and one that guides all management authorities.  Only when stocks reach a relative abundance level at or near MSY, should consideration be given to modification of requirements that would result in increases in mortality.  North Atlantic swordfish is one recovery, though the majority of the stock is still juvenile, and one that we should use as the standard for recovery for all other highly migratory species. 

 

The closed zones, east coast and in the Gulf, are successful living demonstrations of good fishery management in light of the status of multiple species, especially marlin.  The zones are working.  Modifying the zones could result in additional mortality of white marlin and blue marlin.  If any action is taken relating to closed zones at this time, TBF recommends an additional closed zone in the western to north central Gulf of Mexico to provide more protection for white marlin, blue marlin and bluefin tuna.  This area has produced the highest marlin bycatch by U.S. vessels anywhere in U.S. waters.  Now is not the time to open closed zones, it is time to take additional action on behalf of marlin and bluefin tuna.

 

Sincerely,

 

Ellen M. Peel

President
