Mr. Colvin reported on the recent meeting in Providence, Rhode Island of the Atlantic States Marine Fisheries Commission (ASMFC) Lobster Management Board. He distributed to the Council the draft Addendum 1 (Coastwide Lobster Trap Tag System) to Amendment 3 of the Lobster Fishery Management Plan (FMP). The plan divides the geographic range of the lobster fishery into seven management areas and creates industry-led lobster management teams in each area to work with regulatory agencies to develop measures that will meet Amendment 3’s conservation targets. Limits on the numbers of lobster traps that can be fished by individual fishermen (trap limits) will be established in each area, with verification that a fishermen is using no more than his/her allowed number of traps coming primarily from an individual trap tag system. Mr. Colvin stated that the two areas that encompass New York’s marine waters are Areas IV and VI. The management teams for these areas have recommended trap limits (caps) based on the historic number of traps used by each fisherman. Implementation of these caps will be via a trap tag system. The trap tag addendum will be the subject of at least one public hearing in New York, which will likely be held within the next few months.

Aspects of the proposed trap tag system include no transferability of tags between traps, an allowance for reissuing tags in the event of a catastrophic tag loss (e.g., as might be caused by major weather or environmental events), plus a 10% allowance for immediate loss. Councilor Nick Castoro commented that a sliding limit based on historical levels of trap use would be all right for the number of traps, but he questioned which parts of Area IV (South Shore Long Island) would be closed to satisfy the 11% reduction; certain areas are traditionally fished by certain boats. Mr. John Mason of DEC assured him that the Lobster Board Technical Committee was very much aware of this. Councilor Schwab asked how "historical participation" would be determined for Area IV. Mr. Colvin explained that area management teams recommended proposals with audited certification with certain kinds of proofs to demonstrate use during a given time period. The different area teams use two basic methods: one is caps based on historic use; the other method is to arbitrarily assign everyone the same cap and then reduce that cap over time. Areas IV and VI will use the former method; the second method is seen as unfair to current full-time participants. DEC considers trap tag capping on the basis of historical participation better biologically, because the other method permits increased effort in some cases.

Chairman Wise pointed out that the draft trap tag addendum leaves it up to each state to decide how to fund the costs of the tags, which was an issue brought to the Council’s attention at its January 1999 meeting. He noted that, in New York, legislative action is required to implement a trap tag program. The program must be in place by 01 January 2000 to meet the ASMFC Lobster FMP requirement.

Mr. John German, President of Long Island Sound Lobstermen’s Association, said that Amendment 3 was intended to increase egg production, but trap tag caps carry no conservation benefit and are credited with no value for increasing egg production. Some people actually contend that lobster traps actually increase egg production by improving the habitat for lobsters. Responding to questions from Chairman Wise, Mr. Mason of DEC said that there is presently no data to justify giving any egg production credit for reducing the number of traps. Chairman Wise stated that he hoped that there would be draft legislation implementing the lobster trap tag program introduced into the State Legislature in time for the Council to review it at its 15 April 1999 legislative review meeting.