Attendance: Leo Byrnes, Bill Burt, Ellie Dorsey, Judith Dutra, David Dutra, Cliff Goudey, Harlyn Halvorson, Kim Harrison, Rick Karney, Grant Kelly, Dale Leavitt, Robert Miller, Ron Smolowitz, Scott Soares, Peter Spalt, Lisa Standish, Richard Taylor,

1. Welcome Remarks. Harlyn Halvorson welcomed the group on behalf of himself and the Cape Cod Economic Development Council. He welcomed Bob Miller, Chairman of the NRAC Executive Committee and a recent appointee for Aquaculture at CMAS Univ. Mass Dartmouth. He also reported that he had been invited by Walter Blogoslawski, NMFS, to present the activities of SSWG at the 17th Milford Aquaculture Seminar, Quality Inn Conference Center, New Haven, CT on February 24-26, 1997.

2. Habitat Committee. Ron Smolowitz reported on the Habitat Committee which was just formed by NEFMC as mandated by the reorganized Magnusen-Stevens Act. Each industry management plan needs to define the essential habitat. This committee will have a group of industry advisors; anyone interested should submit a letter to the Council. NFMS has formed an in-house group; preliminary information was passed out at the NEFMC meeting. The question is how to define habitat. Ron pointed out that shellfish areas in the state are defined as those in which nothing else can grow. There is no criteria for how offshore waters will be defined. Ron has drafted a letter requesting the criteria for closed areas. He urged aquaculturalists to get involved in the habitat deliberations. Grant Kelly reported that the US Army Corps of Engineers have some draft proposals in Washington, DC for some consultation processes in which the Corps will consult with NMFS. The range is broad. They are looking at regulatory issues. Time is important. The Council has to publish maps and procedures for these essential fish habitat areas. This may take a number of years. NMFS are soliciting agency comment. Following this they will modify their procedures and then promulgate draft regulations. They will then seek public comment in about 3 - 4 months. Ron Smolowitz suggested that the Scallop Committee should get the fish industry advisors to identify essential habitats for spawning scallops and then to urge these be closed as qid pro quid for opening some ground fish areas.

3. NFMS Strategic Plan. Scott Soares reported on behalf of the sub-committee; their recommendations sent by Rob Garrison were distributed. Scott reported that the basis of their discussions are included in a letter to Brad Powers, Maryland Dept. Agriculture (Enclosure 1). This draft resulted in a response to the NOAA (NMFS) strategic plan (Enclosure 2). There was a broad discussion of this updated plan and its relationship and congruence to the National Aquaculture Plan (JAS). Kim Harrison pointed out that for the JAS Plan to be formulated as a regulatory document would require years. Currently the Federal Agencies are reviewing the inputs and comments to the Plan and will report on these in their Feb. meeting. The suggestion by Rob Garrison that we send SSWG recommendations to NOAA and to congress was discussed and approved. Richard Taylor suggested that we include the Gloucester Office and urged that the definition of aquaculture consider the Westport enhancement project.

4. Possible State Initiatives. Scott Soares pointed out that his recommendations (Enclosure 3) for the Governor as the Aquaculture Coordinator were derived from the State Aquaculture Strategic Plan.

a. The budget recommendations have four major initiatives: (1) a $250,000 grants program was included to foster cooperation between municipalities, industry and academia; (2( a $200,000 shellfish enhancement program to generate incentives for lease opportunities; (3) $130,000 for marketing Mass. aquaculture as a whole, develop a buyers guide for Mass. aquaculture, to develop a Mass. grown seal; and (4) $130,000 to promote a state wide industry. It has not yet been decided how to handle this, possibly an RFP. These four ventures, which are included in House 1, have yet to be scoped out. An Advisory Aquaculture Committee, recommended by the Strategic Plan, will have its first meeting Feb. 6, 10 - 12, in Room 207, Saltentstall Building. Their role will be to get the pulse of industry.

b. Legislative changes were recommended, especially from the shellfish enhancement program. Section 64, Chapter 130, addresses allowable leases. They recommend increases to $25 - 50/acre/year to provide incentives and to bring wild harvests closer to growers. A $150 lease fee was a compromise. Transferability is an issue; language is needed to encourage cooperation. Some towns have designated accounts for shellfish. Section 57 addresses site. The recommendations are to mandate minimal 5 year leases, with a maximum of 15 years. This is consistent with other legislation. Sections 66 & 67 set fines for trespassing, poaching, etc.. It is presently at $3 - $20. Section 67 would set this at $30 for first time offense an no more than $30. The recommended changes would increase this to $100 with a maximum of $500.

c. Regulatory changes, Section 20, were proposed to provide municipalities with incentives for shellfish aquaculture.

There was an extensive discussion of these initiatives. Ron Smolowitz pointed out that amending the state agriculture laws by including the word aquaculture may be more effective. This is the approach adopted by the State Farm Bureau. Frank Dutra reported the problems they have had in the loss of 9 cages (3,000 scallops each) and the problems in overseeing the site and the high investment that is required. The proposed budget and changes were deemed to be a good first effort, even though they were not developed with industry input. Communities, as Truro, have small aquaculture committees and can use the incentives. Bob Miller reported on the experience in Rhode Island in incorporating aquaculture into agriculture regulations and resulting insurance protection. It was agreed that we should support these initiatives from the Executive Office of Environmental Affairs to the Governor, as well as introducing aquaculture into agriculture legislative language, with letters to the Governor and Legislators (as Sen. Rauchenbach).

5. NEFMC Meeting Dec. 19th. Cliff Goudey reported the three main actions of the meeting. First Pat Rilley presented a draft copy of the NEFMC policy for review and comment. This was a middle of the road approach. John Nelson had been urging the council to take a leadership role. The draft policy focused the Council's role in conflict issues and their role in the Magnuson-Stevens Act without usurping the role of the Corps of Engineers. There was consensus by the group. (If anyone wishes the exact wording of the draft, contact Cliff Goudey.) Second, the Council is forming an Industry Advisory Group. People interested in participating should write to the Council. For this process to work it will require pressure from the affected individuals. Third the Norwegian Fish Farm is slowly moving forward. While there is not much information on what they are trying to do, Cliff believes the process is working.

6. Moon Island Project. Cliff Goudey described the proposed submission to the city of Boston (Enclosure 4 for overview; for full proposal by Boston Aquaculture, LLC will be supplied on request). Two years ago he started to explore the possibility. Because of the pollution, Moon Island would not be appropriate for traditional shellfish, but for finfish aquaculture. This Island(1 acres) is the site of a century old sewage transfer plant (sewage held and released on the outgoing tide, a Boston Police firing range, and a Fire Department training center. It is connected by a causeway and has granite tanks capable of holding 50M gallons. The change in the Harbor to a National Park would combine tourism with education and aquaculture if the various problems and permitting could be solved. The reservoirs could either be looked at as a pollution site or as a salt marsh which deserves protection. Boston Aquaculture LLC was formed (MIT, NE Aquarium, Batelle, Great Bay Aquafarms , an environmental law firm, etc.) to promote the idea. A flow through system is not considered. If all 4 tanks were to be used, 20 v- 40 M pounds of fish could be harvested per year. While this amount dwarfs the local commercial usage, it is still small considering imports.

Cliff Goudey commented, that while initially shellfish were not under consideration he wanted SSWG to consider the following:
1). What role could Moon Island play in promoting the goals of SSWG in Mass.?
2). Could a form of shellfish aquaculture happen at Moon Island?
3). Could a Sea Scallop hatchery be built there?
4). Could Sea Scallops or shellfish be used as a way to polish the effluent in finfish aquaculture?
5). Do you know individuals, companies or projects that would be interested in siting on Moon Island?
Harlyn Halvorson noted that the Aquaculture Company in Elat, Israel, under the direction of George Kissel, was successfully using a closed biological system for pollution remediation. In response to Kim Harison's question about financing, Cliff reported that they were all volunteers and that economic feasibility would have to be demonstrated to attract funding. Grant Kelly raised the substantial concerns of the Corps regarding the wetland issues encountered at the site. If this were an aquaculture project it should be mover elsewhere,; if a remediation project then it should be recast. Cliff noted that they had not completed their sampling to see if the sediment , average of 1 foot, was a source of continuing pollution. The question of raising plants in this wetland was discussed, as well as to why this was considered a wetland.

7. Right Whale. Ellie Dorsey, Conservation Law Foundation, distributed charts summarizing the seasonal sitings of right whales during the past 20 years (these charts and the monthly NOAA sink gill net fishery data during Jan. 1991-1993 are available upon request). During Jan. - March, the right whales are only seen in Cape Cod Bay; April - June the pattern changes and they are numerous in the Great South Channel area (2nd critical habitat); April - Sept. they are gone from the latter and further North; Oct. - Dec. is the lowest. Most whales are in the Southeast. In response to questions on the accuracy of the sitings map, Ellie Dorsey said the sitings were not adjusted; the main sitings were from whale watches, Sea Cap Swings, NE Aquarium vessels, an aircraft. Last year there were 70 individual sitings in the area; a significant fraction of the total 300 whales. There are gaps in our knowledge, especially where they go in the winter. Kim Harrison suggested it would be helpful to provide further explanations and assumptions with the charts. Ellie replied that there were several other sources of information: Right Whale Recovery Plan and the Report to the State of Mass..

Ellie Dorsey briefly discussed the history of the lawsuit. Max Strahan filed his suit in 1995 claiming violations of the endangered species act because of entanglement of right whales. He requested revocation of all fishing permits and that the state be required to apply to NMFS for incidental take permits. CLF, while recognizing some validity of the claim, considered the solutions unreasonable and in Aug. filed an amicus curie brief. In this they proposed setting up a group, analogous to the Harbor Porpoise Working Group, to discuss the issues, consider all concerns, and come up with solutions. US District Court Judge Douglas Woodlock accepted this and on Sept. 1996 set up the Endangered Species Working Group , containing fishermen, managers, scientists and environmentalists, to (a) design a conservation plan (Enclosure 5) and (b) prepare a final report, including background information (available upon request) by December 16, 1996. The Conservation Plan was accepted by the Judge last Tuesday with a few modifications. Ellie believes that this plan is a good balance between whales and fishermen. It emphasizes modification of fishing gear to reduce the effect of entanglement rather than to impose large scale closures. The restrictions are minimal. At the time right whales are abundant in our waters (Jan. - Apr.) there is no gill netting and lobstering is minimal. Elements of the plan have been entered as regulations by the State of Mass.. Gill nets are prohibited from Jan. to mid May and the small amount of lobstering will be allowed to continue with some modifications. Floating lines are prohibited. Lobstering can be conducted as trowels (4 cages) rather than single cages to reduce the number of vertical lines. Buoy lines will require break away points. Various options were discussed, including cutting 2 of the 3 strands. The State will formulate its decisions by Feb. 1st. For the rest of the year the State will establish a "Dynamic Management Approach for Surveillance". Right whales will be detected, a small area (box) identified, and restrictions placed within the box. The details have yet to be worked out. For the remainder of the year gill net modifications will be used (see page 3 enclosure 5).

Grant Kelly raised concerns over the effect of released gear on navigation and the process of identifying gear that is missing. Frank Dutra suggested that biodegradable manila rope instead of the three lined rope. Ellie agreed that sip strikes were more significant; this issue is being addressed more slowly. We have no jurisdiction beyond 3 miles. International agreements are important and the NE Aquarium will hold a symposium on shipping issues. An alternative (disentanglement) being developed in Provincetown is the training of teams to work off shore. Grant Kelly suggested we collate recordings on whales; In issuing permits information on where no sitings were observed could help in establishing zones. Section 7 of the endangered species act requires consultation with NMFS, thus it has the same focus as the marine mammal protection act. In response to a question on the impact of this on sea scallop aquaculture Ellie Dorsey said not directly, although the report addresses fishing gear. She called attention to experiments from Newfoundland where noise making devises reduced collisions with humpback whales (two reports available on request). She also pointed out that evidence has been presented that the right whale feeding is dependent upon unusually dense patches of zooplankton in Cape Cod Bay. What sets up and impacts these patches of copopods in the bay? Leo Byrnes inquired whether these restrictions (to start in 1998) applied to lantern nets used for aquaculture. Grant Kelly replied that in their review for NMFS they did not want anything in the water, except a few lines, in Cape Cod Bay. Ellie Dorsey noted that the judge did not order the State to implement but instead required the state to report in 10 days how to implement, thus avoiding an appeal. There is still time for input to Phil Coates or Dan McKieernan of DMF.

8. Public Food Market. The plans for the Public Food Market for Greater Boston, as discused at our last meeting, has been further developed by the Department of Food and Agriculture. A request for response (RFP) has been prepared (Enclosure 6).

9. Announcements. Ellie Dorsey reported on a Newsletter for groundfish which is available on request. The registration form for the National Shellfisheries Association Annual Meeting (April 20-24, 1997) was distributed. Dale Leavitt reported that the SE Mass. Aquaculture Center Advisory Committee will have 7 industry representatives out of a total of 13. He has been appointed to the Technical Advisory Committee for NRAC to represent sea scallops. He and Rick Karney are working with Jay Parsons to prepare a program for the World Aquaculture Society Meeting in Los Vegas next year.

10. Next Meeting. The next meeting of SSWG will be held at the Cape Cod Economic Development Council in Hyannis on Wednesday, March 5, 1997. Mark your calendar!

Harlyn O. Halvorson
January 20, 1997