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					                          New England Fishery Management Council Meeting
                                       Courtyard by Marriott
                                    Portsmouth, New Hampshire
                                        February 1-3, 2005

                                               MOTIONS


February 1, 2005

SKATES

1.     Mr. Goethel moved and Mr. Hill seconded:
       to accept the 2005 skate annual review.

       The motion carried on a show of hands.

SCALLOPS
The following motions relate to the Scallop Decision Document (#5a):

2.     Mr. Hill moved on behalf of the committee:
       to adopt the removal of the broken trip program disincentive described in Alternative 1 (page 1).

       The motion carried unanimously on a show of hands (17/0/0).

3.     Ms. Kurkul moved and Mr. Hill seconded:
       if the modified broken trip provision is approved by NOAA fisheries, the trip limit will be
       adjusted retroactively for vessels that have had broken trips in the 2005 fishing year and prior to
       the revised provision being implemented.

       The motion carried unanimously on a show of hands (17/0/0).

4.     Mr. Hill moved on behalf of the committee:
       to allow general category vessels with VMS to log into and out of the fishery via VMS after
       offloading and the vessel is secured to a fixed dock or mooring, unless required to keep VMS in
       operation by their permit in another fishery. VMS must be re-powered and logged in before
       leaving on any fishing trip from a fixed dock or mooring and getting underway. (Alternative 2,
       page 8).

4a.    Mr. Goethel moved to amend and Mr. Hill seconded:
       to allow general category vessels with VMS to log into and out of the fishery via VMS after
       offloading and the vessel is secured to a fixed dock or mooring, unless required to keep VMS in
       operation by their permit in another fishery. VMS must be re-powered and logged in before
       leaving on any fishing trip from a fixed dock or mooring and getting underway and whenever
       outside the VMS demarcation line.

       The motion to amend carried on a show of hands (16/1/0).
                                                    2

4b.   Mr. Williamson moved to amend and Mr. Flagg seconded:
      that general category permits under this system be allowed to opt or call out of VMS use for a
      minimum period of three (3) months in any given year.

      The motion to amend was withdrawn by its maker.

4c.   The main motion as amended:
      to allow general category vessels with VMS to log into and out of the fishery via VMS after
      offloading and the vessel is secured to a fixed dock or mooring, unless required to keep VMS in
      operation by their permit in another fishery. VMS must be re-powered and logged in before
      leaving on any fishing trip from a fixed dock or mooring and getting underway and whenever
      outside the VMS demarcation line.

      The amended motion carried unanimously on a show of hands (17/0/0).

5.    Mr. Hill moved on behalf of the committee:
      to adopt Alternative 2 (page 4), requiring VMS operation on any vessel with a general category
      scallop permit that lands or possesses more than 40 lbs. of scallop meats on any trip.

5a.   Mr. Flagg moved to amend and Mr. Rice seconded:
      that the Council adopt the no action alternative (page 6).

      The motion to amend failed on a show of hands (4/10/3).

5b.   Ms. Kurkul moved to amend and Mr. Avila seconded:
      that the Council require all vessels issued a general category scallop permit to install and operate
      VMS units. Any vessel that sells any amount of scallops caught in the EEZ must be issued a
      general category scallop permit. Vessels not issued a general category permit may possess and
      land up to 40 lbs. of shucked scallops (5 U.S. bushels of in-shell scallops) not for sale.

      The motion to amend failed on a show of hands (3/8/6).

5c.   Mr. Ruhle moved to amend and Mr. Gibson seconded:
      that the Council adopt Alternative 3c (page 5).

      The motion to amend failed on a show of hands (5/10/1).

5d.   Mr. Williamson moved to amend but it was not seconded:
      that when not fishing for scallops in a 400 lbs./day fishery, a vessel may opt out of the VMS
      program for no less than a three month period with notification to NMFS.

      The Council Chairman ruled the motion to amend out of order.

5e.   The main motion was voted:
      to adopt Alternative 2 (page 4), requiring VMS operation on any vessel with a general category
      scallop permit that lands or possesses more than 40 lbs. of scallop meats on any trip.

      The motion carried on a show of hands (9/4/4).
                                                    3

6.    Mr. Williamson moved and Mr. Rice seconded:
      that the Council direct the Scallop Committee to develop a mechanism for allowing general
      category vessels to opt out of VMS use on a seasonal basis to be included in Framework
      Adjustment 18.

      The motion carried on a show of hands (11/1/5).

7.    Mr. Hill moved and Mr. Cunningham seconded:
      that the Council submit Framework Adjustment 17 to the National Marine Fisheries Service.

      The motion carried on a show of hands (14/2/1).


February 2, 2005

RESEARCH STEERING

1.    Ms. McGee moved and Mr. Avila seconded:
      that the Council policy is to recommend disapproval of EFPs in Georges Bank closed areas during
      peak spawning season for Georges Bank cod. This policy does not apply to research projects
      designed to increase knowledge of spawning.

1a.   The motion was perfected to read:
      that the Council policy is to recommend disapproval of EFPs in closed areas during peak
      spawning seasons for stocks of concern. This policy does not apply to research projects designed
      to increase knowledge of spawning.

1b.   Mr. Hill and Mr. Nelson seconded:
      to table the previous motion.

      The motion to table carried on a show of hands.

2.    Dr. Pierce moved and Mr. Goethel seconded:
      that the Council request NMFS to amend 50 CFR 600.10 to include the testing of fishing gear as a
      scientific research activity.

      The motion carried on a show of hands (12/2/2).


GROUNDFISH

3.    Mr. Ruhle moved and Mr. Fernandes seconded:
      that in the 2006 adjustment, the Groundfish Committee will develop recommendations for
      modifications to the days-at-sea transfer program that will improve the practical utility of the
      program. At a minimum, recommendations will include 1) options to further reduce the
      “conservation tax” on transfers; and 2) options for absorption of duplicate permits.
                                                     4

3a.   The motion was perfected to read:
      that in the 2006 adjustment, the Groundfish Committee will develop recommendations for
      modifications to the days-at-sea transfer program that will improve the practical utility of the
      program.

      The motion, as perfected, failed on a show of hands (6/10/1).

4.    Ms. McGee moved but it was not seconded:
      that the first meeting for Framework Adjustment 42 be the September 2005 Council meeting.

5.    Mr. Goethel moved and Mr. Odlin seconded:
      to look at the feasibility of eliminating some or all of the rolling closures both to address the issue
      of safety and equitable access to the resource by all user groups

      The motion failed on a show of hands (2/9/2).

6.    Mr. Fernandes moved and Mr. Odlin seconded:
      that the Groundfish Committee look at the feasibility of eliminating the 20-day spawning blocks in
      Framework Adjustment 42.

      The motion carried unanimously on a show of hands.

7.    Mr. Pappalardo moved and Mr. Ruhle seconded:
      that the Council consider the findings of the working group examining state groundfish landings
      and react to it based on their findings.

      The motion carried on a show of hands (16/0/1).

8.    Mr. Odlin moved and Mr. Pappalardo seconded:
      that the Council initiate a framework to allow non-sector boats to participate in the Closed Area I
      hook gear haddock SAP. This framework will be limited to this SAP only.

      The motion carried unanimously on a show of hands.

9.    Mr. Odlin moved and Mr. Avila seconded:
      request that the Groundfish Committee review the restriction on length of trip as to fairness of
      vessels located farther away from fishing grounds.

9a.   Mr. Hill moved and Mr. Pappalardo seconded:
      to table the previous motion

      The motion to table carried on a show of hands.

10.   Mr. Fernandes moved and Mr. Goethel seconded:
      that “B” days used in SAPs do not establish any history in future allocations.
                                                     5

10a.   The motion was perfected to read:
       that it is the sense of the Council that the “B” day usage shall not be considered to be used or
       establishe baseline calculations for future allocations until such time as the Council establishes
       protocols and principles which will guide the Council in decisions with respect to allocation
       and/or sharing resources amongst participants and groups within the fishery. The Council makes a
       commitment to do so in proceeding with the visioning project and other such activities as deemed
       appropriate.

10b.   Mr. Hill moved and Mr. Nelson seconded:
       to table the previous motion.

       The motion to table carried on a show of hands (16/1/0).

11.    Mr. Ruhle moved and Mr. Hill seconded:
       that the Council task the Safety & Enforcement Committee to start developing the VMS system to
       its full potential in addressing vessel safety, trip reporting, trip limits, etc.

       The motion carried unanimously on a show of hands.

12.    Mr. Flagg moved and Mr. Hill seconded:
       to continue the days-at-sea leasing program at least until such time as a permit transfer program
       that works is implemented.

       The Council Chairman ruled the motion out of order.

13.    Mr. Flagg moved and Mr. Williamson seconded:
       to reconsider Motion #3a.

       The motion to reconsider carried on a show of hands.

13a.   The reconsidered motion was voted:
       that in the 2006 adjustment, the Groundfish Committee will develop recommendations for
       modifications to the days-at-sea transfer program that will improve the practical utility of the
       program.

       The reconsidered motion carried on a show of hands (12/4/0).

14.    Mr. Williamson moved and Mr. Rice seconded:
       that the Groundfish Committee should consider the matter of research set asides in an annual
       adjustment.

       The motion was withdrawn by its maker.

15.    Mr. Odlin moved and it was seconded:
       that for the 2005-2006 fishing year, NMFS use all the tools available in making the adjustments in
       the US/CA area agreement in order to make sure the “A” day program has enough yellowtail
       quota to make it through the fishing year.

       The Council Chairman ruled the motion out of order.
                                                6

February 3, 2005

OTHER BUSINESS

1.    Mr. Nelson moved and Mr. Flagg seconded:
      to approve the July 13-15, September 14-16 and November 16-18, 2004 Council meeting minutes.

      The motion carried on a show of hands.

				
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