BULLETIN


18 January 2000
Volume IX, No. 1

Lobster Trap Tag Regulations

DEC’s John Mason distributed a summary of the proposed lobster trap tag regulations. Trap tags would be issued directly to lobster permit holders by the tag manufacturer, based on a validation from the Department. The color-coded tags had to be applied as of 01 June 2000 and would be valid until 31 May 2001. The first year they would be issued to New York commercial lobster permit holders up to the number of pots permitted, based on the individual’s historical levels. An extra 10% would be allowed for incidental losses and for rotating gear. Tags may not be removed and reused, but damaged tags would be exchanged. People fishing in the area of The Race in extreme eastern Long Island Sound would be allowed an additional 15% for potential significant loss of gear.

Connecticut is proposing an identical set of trap tag regulations. An affidavit will be sent to lobster permit holders indicating their declared historic trap use levels. There would be an appeals process should the amount be disputed. If no information was available on the number of pots which permit holders had been using, other information (e.g., declarations from other years, receipts for the sale of lobsters or purchase of bait) could be used. If no documentation whatsoever could be produced, permit holders would still receive an allocation of fifty traps. Payments would be made directly to the vendor. The vendors will receive information from DEC on the allocation allowed each permit holder. Each tag will have the permit holder’s number on it. Noncommercial license holders will receive six tags directly from the DEC. If there are significant (i.e. greater than 10%) losses, a fisherman may, with DEC approval, replace all of his tags with a new set in a different color. Applicants must define which areas they will be using, and these areas will be on the tags.

Councilor King found reliance on "historical participation" troubling because trawlers who have been dragging for lobster, currently restricted to 100 lobsters/day or 500/5-day trip, would be excluded. These fishermen should be encouraged to switch from dragging to trapping, not forced out of business. In answer to a question about catastrophic losses, Captain Otterstedt of DEC’s Division of Enforcement repeated that all of a permit holder’s tags would be reallocated; any remaining old ones would have to be replaced within ten days by new ones in a different color. Mr. John German of the Long Island Sound Lobsterman’s Association said that using "historical participation" for allocation was more effective than a flat cap, which in other areas has actually led to an increase in the number of traps in use. In response to a question from Mr. Wise whether all the necessary regulations could be in place by 01 June 2000, Mr. Mason responded that the DEC would use emergency powers to implement these regulations if necessary. DEC is actively seeking public comment on the above proposed regulations.