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The Haul Seine Issue |
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This compendium of information about haul seine fishing was compiled some time ago. CCA has recently asked VMRC to revisit the regulation established in 2003 because it conflicts with the state law against trawling in the Bay. VMRC
met in July, 2003 to establish new regulations for haul seines.
The key issues originally cited by the VMRC for regulatory
change were preventing "pair
trawling" and stopping damage to grass beds from the operation
of big commerical boats in shallow water. Instead of eliminating
pair trawling as originially promised, VMRC approved regulations
that allow two boats to drag a haul seine a MILE before it
has to be closed. Click here to
see a diagram that illustrates the situation. VMRC will consider
the rules for protecting grass beds during an upcoming meeting.
VMRC staff may again recommend regulations that benefit the
watermen, not the resource. Background material related
to this issue is presented below. CCA Virginia's Position on the Matter CCA believes haul seine operations need to be moved off of the sensitive grass beds. As a minimum we feel that there should be broad area closures on those grass beds, which have been documented as damaged 10 out of the past 13 years. This amounts to 8 to 12 areas each covering several square miles. The regulations are not adequate to effectively enforce against the act of pair trawling, in fact they make it harder! It is important that the regulations state that the act of setting out a net can only be done with one vessel until the pocket is set. We feel that this is the only proposed option that can effectively be enforced. Like many other commercial fisheries in Virginia waters, the gear should only be worked during daytime hours. This will go a long way towards making the regulations enforceable. We feel that the regulations should include mandatory permanent loss of haul seine gear licenses and a two year loss of commercial fishing licenses for everyone on both vessels upon the conviction of a pair trawl violation. We are concerned that the gear, if used in smaller bays and rivers, can easily fish these areas out. Thus we feel that nets with a length larger than one-forth of the width of the river or bay should not be used in that body of water. A limited
entry plan should be developed for the open water version of
the gear with a no transfer clause so that the gear can be phased
out of Virginia waters. Operation of beach seine version of the
gear should be prohibited in all sea grass beds. Background Information Drawing of haul seine operations...click here. The issue of haul seines and the appropriate use of the gear has been going on for many years. About two years ago, a lawyer for some haul seine fishermen figured out that actions contrary to a definition used in Virginia Code was not enforceable law. This got a number of convictions of pair trawling with oversized nets set aside on appeal. At about the same time as that occurred, a study was published by VIMS, which provided clear evidence that the haul seine fishery was damaging the Sub-Aqueous Vegetation (SAV) beds. VMRC requested that the definition in code be changed during the last general assembly session so that these two issues could be addressed. CCA VA supported that legislative change for VMRC. The plan is to have new regulations in place by July 1st, which is when the new definition becomes effective. Representatives from CCA VA had several meetings with VMRC staff concerning these issues over the past several years. The most recent meeting was on June 2, at which representatives from CCA VA, Chesapeake Bay Foundation, and fishing clubs met with VMRC Staff, and a VIMS scientist to discuss the proposed regulations and the latest results from the SAV damage studies. SAV Damage Sub-aqueous Vegetation (SAV) is any number of underwater grasses found in shallow water areas of the Chesapeake Bay. The primary species in the lower bay is eel grass. The SAV damage was first noted in the aerial photographs taken by VIMS as an ongoing study of underwater grass beds in Virginia waters. A study was commissioned by VMRC and funded by the Saltwater Recreational Fishing Development Fund to understand the impact and source of propeller scarring in Virginia SAV beds. The first report is entitled Boat Scarring Effects on Submerged Aquatic Vegetation in Virginia (Year 1)” Figures 1 through 3 were taken from that report. This 10 MB PDF document is available at: VIMS Report on SAV Boat Scarring. The report along with the follow-up studies over the past two years clearly indicates that the damage in the shallow water grass beds is due to prop scarring caused by the large boats used for operating haul seines. When making this determination the researchers considered crab scrapes, crab pot operations, recreational boating, and other activities. The conclusion was that only one of the areas with excessive scarring was due to crab scrapes. That area was near Tangier. A number of areas near marinas and areas which were popular for recreational boating that were not used by haul seines were carefully analyzed and the deep prop scar damage was not observed. The figures linked below came from the 2001 VIMS study on Boat
Scarring. Figure 1. Aerial photograph
of Browns Bay showing the different features. Figure 3. Map of the Chesapeake Bay that depicts the frequency of the scarring. What is a Haul Seine? At least two types of haul seines are used in Virginia a beach haul seine and an open water haul seine. A beach haul seine is a small mesh twine net about 10 feet tall with a weighted lead line and a float line. To operate the rig, the net is loaded into a boat and one end is anchored to an object on the beach while the paid out of the boat which is generally propelled with a medium sized engine. The net is normally set out in a semicircle down the bank. Once the net is set out a rope which is tied to the end of the net is returned to the shore. This rope is used to haul the net back to the shore. Thus the fish are captured by encircling them with the net. The second type can be referred to as an open water haul seine. It is a combination of a pound net, a trawl net and a traditional haul seine. This type of net has been historically restricted to shallow water areas, typically less than 10 feet deep. The main net consist of a twine 3 inch mesh net made in 50 foot sections. “Nominally,” the net starts out in a boat with one end anchored in shallow water. The boat then makes a large circular path bringing ending at or near the anchor point. The boats used for this operation are generally 30 foot inboards with a hard shaft. When the circle is then closed three or four fishermen get into the water and remove one of the panels and install a pocket on four poles. This pocket consists of a small mesh net that has three sides and a bottom much like the end of a pound net. Additionally a small mesh wing net is attached to one side of the pocket and inside the circular seine net. The diameter of the seine net is then reduced by removing panels until the diameter is approximately the size of the wing net. The wing net then is swept through the circular seine net and the fish are pressed into the pocket where they are bailed out in a manner similar to a pound net. The Haul Seine Fishery in 2001* Of 70 license
holders, only 32 reported landings. The total harvest was 2,943,000 pounds of finfish with a dockside value of $752,000. Top landings by species were:
*Data source is VMRC’s mandatory reporting system. Haul Seine Regulation Changes Chronology 2001 In an appeal of a conviction of pair trawling, it was decided that a definition in state code is not an enforceable law as there is no penalty clause associated with a definition. In addition to overturning a number of convictions in lower courts, it made it almost impossible to press charges for pair trawling. A study was completed by VIMS entitled “Boat Scarring Effects on Submerged Aquatic Vegetation in Virginia (Year 1)” which provided clear evidence that the boats used in the haul seine fishery were damaging the SAV beds through prop scarring. The VIMS report on the study is available at: VIMS Report on SAV Boat Scarring Fall 2002 In October 2002, VMRC proposed that the wording for the definition of a haul seine be changed in state code so that the gear could be better regulated. CCA-VA saw the new wording and, realizing that the new definition could allow for mid bay trawling, voiced their concerns to VMRC. There was a meeting in the early fall at that time a plan was presented that indicated that proper regulations would be put in place prior to the new definition becoming effective on July first. Representatives from CCA VA were told that representatives of recreational angling groups would be allowed to participate in the development of the new regulations. 2003 General Assembly Session During the 2003 Virginia General Assembly session the definition in code for haul seines was changed: From: "Haul seine" means any net set from the shore or in shallow waters not exceeding eight feet in depth at mean low water. Every haul seine shall have one end stationary at all times while the seine is being used, except when closing the net, the stationary end may be changed. To: "Haul seine" means a net made of mesh webbing which may include a pocket and a wing net, set vertically in water and pulled by hand or power to capture and confine fish by encirclement. The reason given was -- The current definition is ambiguous and has resulted in confusion in the proper setting and use of the gear. It has also forced haul seiners to work in shallow waters where submerged aquatic vegetation (SAV) beds are located. Changing the definition will allow the Virginia Marine Resources Commission to prepare a haul seine fishery management plan that recognizes a more appropriate use of the gear, which will minimize the impact of the net on the SAV beds. January through June 2003 In January representatives from CCA- VA, local fishing clubs and the Chesapeake Bay Foundation met with VMRC and VIMS staff to discuss the potential of closed areas to haul seines at that time about five areas were discussed each was several square miles in size. This was the last time that the recreational sector participated in the process. Between January and May VMRC staff, representatives from the haul seine fleet, with no input from the recreational sector. Developed the specific wording for the new regulations. At the time of the public hearing announcement area closures agreed upon in January were reduced to a number of 1 acre closures in the most damaged areas. At the May 27, 2003 Commission meeting staff made a request for public hearing on the haul seine regulations including the proposed closed areas. A public hearing was approved by the Commission and it was held on June 24, 2003.
Use of this gear damages underwater grass beds through prop scarring and at times through nets tearing up the grass. These grass beds are important nursery grounds for many species of finfish as well the beleaguered blue crabs. Underwater grass beds are considered to be a major indicator of the health of the Chesapeake Bay. The gear is usually worked in open water using two vessels. The illegal use of the gear to pair-trawl is considered by many to be one of the worst fisheries violations committed in Virginia waters. The gear is often times operated in the middle of the night when there are rarely any Marine Police Officers on the water. Even when they are present enforcement at night presents its own set of problems. Oversized nets are often used in the fishery. The legal maximum size is 3000 feet or over a half-mile long. Even when legally set the gear will harvest all of the fish in an area of more than 16 acres, which is about the same as 16 football fields. Citations have been written for using two legal sized nets tied together creating a net more than a mile long. The worst offenses involve pair trawling with such a net. Excessive bykill -- some of which is sold as bait fish while the rest is left for the gulls or simply to rot. CCA VA General Position Haul seine operations need to be moved off of the sensitive grass beds. As a minimum we feel that there should be broad area closures on those grass beds, which have been documented as damaged 10 out of the past 13 years. This amounts to 8 to 12 areas each covering several square miles. The proposed regulations are not adequate to effectively enforce against the act of pair trawling. It is important that the regulations state that the act of setting out a net can only be done with one vessel until the pocket is set. We feel that this is the only proposed option that can effectively be enforced. Like many other commercial fisheries in Virginia waters, the gear should only be worked during daytime hours. This will go a long way towards making the regulations enforceable. We feel that the regulations should include mandatory permanent loss of haul seine gear licenses and a two year loss of commercial fishing licenses for everyone on both vessels upon the conviction of a pair trawl violation. We are concerned that the gear, if used in smaller bays and rivers, can easily fish these areas out. Thus we feel that nets with a length larger than one-forth of the width of the river or bay should not be used in that body of water. A limited entry plan should be developed for the open water version of the gear with a no transfer clause so that the gear can be phased out of Virginia waters. Operation of beach seine version of the gear should be prohibited in all sea grass beds. Summary
of July 2003 VMRC Meeting Discussion of the Haul Seine Issues Jack Travelstead, who is the head of the VMRC Fisheries Management Department. spoke and started by pointing out that the mailing address in the public notice was in error and that some of the public input was returned by the post office. He said that because of this mistake, VMRC is legally obligated to wait until the July meeting to vote on the issue. The Commission decided to hear the public input; accept written input for the next month and vote the issue (excluding the SAV closures) at the July Commission meeting. Mr. Travelstead then went through the major factual elements concerning the fishery. This included how they work the gear, what the laws in state code require, what constitutes pair trawling, how many people are in the fishery, the fact that they are a high volume low value (croaker) fishery, etc. This summary took at about 45 minutes, so it was very thorough. The public hearing was opened and David Nobles presented the CCA position, which was basically the concerns in the previous release with the proposals also in that release. The only difference was that there was a statement added that said that IF it is later determined that similar scarring was caused by recreational vessels than the organization would support appropriate protective measures to deal with the recreational boating activities causing the damage. Commissioner Gordy asked him about closing the SAV beds to all fishing to which David reiterated the above statement. Commissioner Williams also pushed on the recreational boating damage bit for a few more minutes. He was countermanded by reiteration of the facts described above concerning the distribution of the severely damaged areas only where haul seine operations took place on a regular basis. Chesapeake Bay Foundation presented their position, which was strictly to protect the SAV beds through broad area closures of the grass beds that have been severely damaged. Their statement concluded with the following: “CBF recommends that the Commission direct staff to oversee a multi-stakeholder group tasked with developing proposals for area closures designed to protect grasses from propeller scarring, in time for the Commission's review in August and adoption in September 2003. CBF is prepared to be an active participant in these discussions and looks forward to helping the Commission and the seafood industry provide effective protection for underwater grasses.”Several people spoke, some taking the ecological side and others the commercial side. At least two of the commercial representatives took direct shots at the CCA position implying (maybe even stating) that it contained false statements. Carl Herring (a recreational fisherman who spends a lot of time in grass beds) spoke of the length of the grass itself. He was concerned that the nets themselves are tearing the grass up, not just the prop scarring. Doug Jenkins spoke (commercial representative for Potomac fishermen) and started out by quoting scripture on fishing with nets then went off on the damage done to the grasses in the 60s by government agencies spreading herbicides to kill the SAV. Not particularly relevant or helpful --- just an "its not our fault and we have God given rights" speech. Several haul seine fishermen spoke on the issues and they seemed to accept most of the regulations; did not want to leave the grass beds; felt that the damage was also due to other boaters; and did not want a 0.5 nm limit on the amount of distance that they could tow a net. They wanted at least 1 mile to "haul" the net. Tom Powers spoke last, representing CCA-VA. He focused on the Virginia code section concerning trawling within Virginia waters. He pointed out that section 28.2-314 of the state code on trawling says “it is unlawful for any person (i) to take or catch fish, shellfish, or marine organisms with a trawl net, drag net, or similar device drawn through the waters by a vessel, boat, or other craft”. He also provided information from NOAA that indicated that a drag net is rigged similarly to a haul seine both being a twine net with floats on the top line and lead weights on the bottom line. Tom stated contention that an open water haul seine operated in the way some are in Virginia is just a drag net, concluding the code section prohibited the operation of haul seines in the manner they are being used by some operators. (Traditional beach haul seine operations with one point anchored on the beach are legal under this statute.) He went on to say that even though they were not precisely the same the section of code does have the statement about "similar device", which these big open water haul seines certainly appear to be. His point was that state code DOES NOT say that it is permitted to drag the net for a short distance, half mile, or mile.It clearly DOES say it is NOT PERMITTED to draw a net SIMILAR to a drag net through the water. Thus a regulation that stated that one could drag a net through the water in an open fashion would be contrary to Virginia Code. Click here to see drawings showing different haul seine set configurations. This illustration was developed after the Commission meeting.
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COASTAL
CONSERVATION ASSOCIATION VIRGINIA
copyright CCA Virginia 2000-2010
