At its September 2000 meeting, the Council requested DEC to determine whether the Department’s regulatory authority over lobsters would allow it to establish a single, numerical trap limit for all of Long Island Sound or a portion thereof. Mr. Colvin presented to MRAC a memo, which had been prepared in consultation with DEC’s Office of General Counsel. It stated that the Department’s view was that it did not have the ability to impose a trap limit on all or part of the Long Island Sound unless and until new state legislation broadened the scope of its lobster regulatory authority. Councilor King said he would like the DEC to look closely into the current trap allocation system based on historical participation; he contended that there were people with two licenses as well as people who had never owned a boat or participated in lobstering now claiming tag allocations on the basis of fraudulent historical participation.

Mr. Wise emphasized that the Council was not seeking to usurp the role of the Long Island Sound Lobster Conservation Management Team (LCMT), but questions had been raised about the adequacy of current management in light of the serious lobster mortalities in the Sound. The measures recommended by the LCMT under the current Atlantic States Marine Fisheries Commission Lobster Fishery Management Plan had been based on the status of the resource along the entire East Coast of the U.S. and did not take the recent mortality event into consideration. Mr. Wise asked whether the changed circumstances in at least the western part of the Sound didn’t warrant revising the management approach?

Several commercial lobstermen spoke against the idea of a fixed trap limit for all lobstermen in the Sound. John Davi responded that in Area 6A, in western Long Island Sound off Norwalk, an 800-trap limit was certainly not helping; in the western sound there were no lobster traps and no lobsters. He stated he would be out of business if restricted to 800 traps. Ed Rodman of Mount Sinai reminded the Council that there had been a lobster die-off in 1975. At the time, trapping stopped for economic reasons and gradually resumed as the resource recovered. He believed the current die-off was unrelated to fishing effort. Rich Duran of Mount Sinai proposed a 1200-trap limit but limited to owner/operators. Tony Baxter believed 800 would not be an unreasonable limit; he doubted there would be an influx of lobstermen from other areas. Mr. Wise responded that the number 800 was being used simply because neighboring areas had 800-trap limits. Mark Lawn asked whether there were data proving whether just limiting the number of traps without limiting the catch would help the resource? Councilor King answered that modeling work had determined a 40% reduction in traps would produce a 20% reduction of catch.

Chairman Wise asked the Council if it wanted to consider recommending to the State Legislature developing legislation authorizing DEC to adopt a fixed, numerical limit on lobster traps by regulation. Councilor Dearborn moved that no further action be taken at this time in pursuit of a fixed trap limit for Long Island Sound or parts thereof. Councilor McBride seconded. In answer to Councilor Schwab’s question, Mr. Colvin of DEC said that there was no new information as to the causes of the lobster die-off. The Council adopted Ms. Dearborn’s motion by a vote of 6 in favor and 4 opposed.

Mr. Colvin said that ASMFC’s Lobster Management Board would meet the following week to draft a revised egg production-rebuilding schedule. Public hearings would be held from North Carolina to Maine, then the final addendum would be adopted. At that point the LCMTs would meet again to discuss compliance with the new schedule, and the states would report back to ASMFC. Area 6 LCMT (Long Island Sound) would meet in January, February and March. In response to a question from Mr. Wise as to whether the new mortality situation would be taken into account in these discussions, Mr. Colvin continued that New York and Connecticut intended to think past minimum requirements for compliance on egg production and weigh post die-off considerations including long term resource management. Mr. Wise urged those present to contact the LCMT with their views, concerns, and suggestions about the proper course of lobster management in Long Island Sound.