Tinkering with the take Fishery council talks fishing limits, marine mammal protections

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Big Island fishermen on Saturday got an in-depth look at new federal annual catch limits and the Marine Mammal Protection Act and how such regulations affect local fisheries.

Big Island fishermen on Saturday got an in-depth look at new federal annual catch limits and the Marine Mammal Protection Act and how such regulations affect local fisheries.

Annual catch limits are a federal measure that sets species-by-species take limits, said Marlowe Sabater, a marine ecosystem biologist with the Western Pacific Regional Fishery Management Council in Honolulu. The limits were established as part of a 2006 amendment to the Magnuson-Stevens Fishery Conservation and Management Act, which regulates fishing in federal waters that stretch from 3 to 200 nautical miles off shore.

“The annual catch limits only apply to federal waters,” Sabater said. “Those (limits) cannot be applied within state waters.”

Among the limits established for Hawaii’s federal waters in 2012 are a 325,000-pound maximum take of what is locally known as the deep seven bottomfish — lehi, ehu, onaga, opakapaka, kalekale, gindai and hapuupuu; a 135,000-pound limit on other bottomfish; a 1.93-million pound limit on coral reef species; a 12,679-pound limit on precious corals and a 288,653-pound max on taking shrimp, Kona crab and lobster.

This past year, just 280,000 pounds of the deep seven were reeled in, well below the annual catch limit, he said. However, should the catch surpass limits, Sabater said the National Marine Fisheries Service will close fishing in federal waters and the state Department of Land and Natural Resource would close fishing in near-shore waters.

Outside the species list in the deep seven, if an overtaking occurs, next year’s catch limit will reflect the difference, he said. For example, 100 pounds overfished in 2011, results in 100 pounds less that can be taken in 2012.

While the numbers may be set, they are flexible, Sabater said. With additional data and better information, the catch limits have the potential for revision.

“If you minimize the uncertainty in science and data in the fishery you could potentially increase the limit,” he explained. “Support fishery data collection programs by reporting accurately and timely and participating in the survey. … It’s all about reducing the uncertainties.”

The Western Pacific Regional Fishery Management Council on Saturday spent several hours sharing information with the public about the annual catch limits and the Marine Mammal Protection Act. About a dozen people attended the free workshop held at King Kamehameha’s Kona Beach Hotel in Kailua-Kona.

“We want the public to be aware these things exist and have a lot of provisions for fisheries out there — for better or for worse — and it could impact the fisheries out there, no matter where you fish,” said Asuka Ishizaki, the council’s Protected Species coordinator.

While the Marine Mammal Protection Act has been in effect for four decades, Ishizaki said some fishers in Hawaii may not be aware of the act’s provisions, including that anytime a marine mammal is “taken,” which includes actual or attempted hunting, harassing or capturing or killing of marine mammals, it must be reported.

The act, passed by Congress in October 1972, covers all commercial fisheries in the U.S. and ranks them in three categories based on their threat to marine mammals. The categories range from one, which means the fishery sees frequent marine mammal mortality or serious injury, to three, which means mortality or serious injury is remote or not known. Category 1-ranked fisheries see the most management and regulation.

“Most fisheries operating in Hawaii are considered Category 3,” she said. “However, a lot of that can be because there’s just no data to back it up. … However, there is a lot of interest in reviewing the fisheries in Category 3 to see if data exists to change the categorizations.”

Just one Hawaii fishery, the deep-sea long line/set line that targets tuna, is listed as Category 1, Ishizaki said. In the second category is shallow-sea long line/set line fishing of swordfish.

The long-line tuna fishery is considered Category 1 because of interactions with pelagic, or open ocean, false killer whales, she said.

To deal with the concern, the National Marine Fisheries Service is considering a take reduction plan to reduce the impact. The proposal calls for a southern exclusion zone that stretches 200 nautical miles offshore that may close seasonally or conditionally to long-line tuna fishing, Ishizaki said. That is in addition to the already in-place long-line protected species zone, which spans about 75 nautical miles from shore.

“This is the extreme case of what can happen under measures under the MMPA if you’re under a Category 1 fishery,” Ishizaki emphasized. “This is one experience that we have had in Hawaii.”

However, the “public can have a role in making sure management is done right so that it doesn’t come down to a fishery being put in regulations that may not be needed,” she said.

Whether a fisherman, environmentalist or just a member of the general public, people should provide information on the various governmental and council proposals, reports and documents that come forth, such as a draft Stock Assessment Report that is open for comment until November, she said.

“We don’t want to have restrictions we don’t need,” Ishizaki explained.

For more information, visit the council’s website at wpcouncil.org.