State makes 2.5-inch scallop reg permanent

PHOTO BY PETER B. BRACE Douglas "Smitty" Smith Scallopers hoping to measure adult scallops from seed by the thickness of their shells will have to wait two more years before one-inch thick might equal legally harvestable scallops.

Last Thursday, the state's Marine Fisheries Commission voted to make permanent for Nantucket and the rest of the state an emergency regulation adopted in November 2008 defining harvestable bay scallops as 2.5 inches tall.

Yet, the commission did not take action on Nantucket's recommendation that scallopers grade their catch by shell thickness, deciding that the Massachusetts Division of Marine Fisheries needed two more seasons of data from Nantucket and the other bay scallop fisheries before adding the one-inch thick regulation.

According to scalloper and Harbor and Shellfish Advisory Board member Doug Smith, who attended the commission's meeting in Gloucester, Mass., the DMF Commission received a negative recommendation for this action from the Marine Fisheries Advisory Commission. The latter held a public hearing in Barnstable on Jan. 6 at which a delegation of Nantucket scallopers and town officials presented their reasoning for seeking this change. The outcome did not please Smith and the rest of the island's scallopers.

"I'm very disappointed," said Smith. "I don't believe the will of the DMF represented the will of Nantucket. "I feel we were misrepresented by both local and state officials pertaining to the negative finding by the commission. I felt misled."

Nantucket Shellfish Association President Whitey Willauer shared Smith's disillusionment over the DMF's decisions.

"My problem is that all indications were that when we were over in Hyannis that we would get the oneinch rule and I asked various people whether it would it be a problem and I was assured it would not be a problem," said Willauer. "Then we found out that it was not put on the agenda. I was greatly surprised when they did not discuss it."

Marine superintendent Dave Fronzuto said that the Marine Fisheries Commission did discuss the advisory commission's negative recommendation on Nantucket's proposal. The commission suggested allowing at least two summer growing seasons for local and DMF biologists to analyze the data to determine if scallops one-inch thick truly are adults.

"I'm disappointed in the oneinch because that would have had some additional relief for this year," said Fronzuto. "I'm glad that we got the emergency regulation at least extended through the end of the season, because that allows us to extend the season, and we have a gauge now. The state has adopted a size limit that will help the fishery. It's certainly not what we wanted, not what we presented, but it's what they adopted."

For now, scallopers are relegated to gauging adult scallops by a 2.5- inch plastic ring conjured by town shellfish biologist Jeff Mercer and DMF chief shellfish biologist Mike Hickey. This modification of the ageold raised, well-defined growth ring regulation arose after Hickey ruled on Oct. 21, 2008 that the growth ring must be at least 10 millimeters in an effort to protect seed, and nub scallops believed to be seed.

The only other alternative is for the Board of Selectmen to modify state scallop regulations, a bylaw change it can make as long the change is stricter than existing state regulations.

"What can you do now? I don't see any options that are available," said Willauer. "I'm quite concerned that the selectmen didn't spot this early in the game, spot that the state was down here changing the regulations right before the season began." I