Commonwealth of Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, Massachusetts 02114 (617) 626-1520 Daniel J. McKiernan Acting Director fax (617) 626-1509 Charles D. Baker Governor Karyn E. Polito Lieutenant Governor MEMORANDUM Kathleen Theoharides Secretary TO: Marine Fisheries Advisory Commission (MFAC) Ronald S. Amidon Commissioner FROM: Daniel J. McKiernan, Acting Director Mary-Lee King Deputy Commissioner DATE: December 18, 2019 SUBJECT: Sand Lance Trip Limit Proposal

Proposal DMF is proposing to implement a regulation to establish a nominal 200 pound trip limit for sand lance. DMF intends to take this proposal to public hearing in early-March 2020 for potential implementation later in the spring. I also intend to work with other jurisdictions in the Gulf of Maine to enact similar trip limits. The purpose of this limit would be to prevent new industrial scale fishing on sand lance for bait or reduction purposes. This would in turn provide protection to this important localized forage species.

Rationale Sand lance, also known as sand eel, are a type of forage fish commonly found in the Gulf of Maine: Ammodytes americanus (American sand lance) is found closer to the coast while Ammodytes dubius (Northern sand lance) clusters on the shelf and in Canadian waters. These fish are lower trophic-level species which become prey to upper trophic-level predators like seabirds (e.g., terns), commercially and recreationally important finfish species (e.g., cod, tuna, and striped bass), and marine mammals (e.g., humpback, minke, and fin whales). Accordingly, their availability and abundance benefits the fishing industry and whale watch industry.

Historically, there have been small-scale commercial fisheries targeting small amounts of sand lance sold as bait to bait shops. Based on SAFIS data, the fishery in Massachusetts is nominal and prosecuted by fishermen using beach seines or cast nets. The highest reported daily landings is less than 200 lbs. There are larger scale commercial fisheries for sand lance off Europe, but no such development has occurred off the U.S. yet. In Europe, sand lance are targeted for use in fish meal or oil for aquaculture.

The benefits of protecting species like sand lance outweigh the value potential for new industrial commercial fisheries. By adopting a 200 pound trip limit, DMF will continue to accommodate historic small-scale bait fisheries while protecting against the proliferation of industrial fisheries that may have negative impacts on this forage base and the predators reliant on it being available.

The Mid-Atlantic Fishery Management Council (MAFMC) adopted the “Unmanaged Forage Omnibus Amendment” that prevents the development of directed commercial fisheries targeting up to 17 species of forage fish, including sand lance. In summary, the action establishes a defines

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a 1,700 pound limit for a collection of species not otherwise managed. These rules apply from eastern Long Island south to North Carolina. Consequently, waters off Rhode Island and Massachusetts, New Hampshire and Maine are not subject to these limits; the New England Fisheries Management Council (NEFMC) does not have equivalent management plan for New England.

DMF intends to work with the NEFMC to begin to regulate these currently unmanaged forage species. However, federal rule making can be lengthy. Accordingly, it is beneficial for the state to implement a nominal trip limit at present and then work with other jurisdictions to develop a more comprehensive approach moving forward.

Note that this proposed limit will be established at 322 CMR 6.42 - Other Minimum Size and Possession Limits. While amending this section, DMF will also make technical corrections to existing regulations.

Attachments Draft strikethrough regulations

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6.42: Other Minimum Sizes and Possession Limits

(1) Definitions.

Sand lance means those species of fish known as American sand lance (Ammodytes americanus) and Northern sand lance (Ammodytes dubius).

Weakfish means that species of fish known as Cynoscion regalis.

White Perch means that species of fish known as Morone americana.

(2) Sand Lance. It shall be unlawful for any person to retain, possess or land more than 200 pounds of sand lance per calendar day or trip, whichever period of time is longer.

(3) (2) Weakfish. It shall be unlawful for: (a) It is unlawful for any person to possess weakfish less than 16 inches in total length. (b) It is unlawful for recreational fishermen to possess more than one weakfish per calendar day. (c) It is unlawful for commercial fishermen to possess onboard or land retain, possess or land more than 100 pounds of weakfish per 24-hour day calendar day or trip, whichever period is longer.

(4) (3) White Perch. (a) It is shall be unlawful for any person recreational fishermen to possess white perch less than eight inches in total length. (b) It is shall be unlawful for recreational fishermen any person to possess more than 25 white perch at any time. (c) These limits apply only to white perch harvested in coastal waters as defined by M.G.L. c. 130, § 1.