Changing rules keep fishermen in tangles Judge’s new plan closes some areas in Gulf of Maine

BOSTON – A day after a federal judge rescinded new restrictions that could have devastated New England’s commercial fishing fleet, fishermen shifted focus to the host of crippling problems the industry still faces.

The new plan ordered by U.S. District Judge Gladys Kessler is more lenient than her original, but fishermen say it will still hit hard. It cuts fishing days to zero for some, closes additional fishing grounds and mandates expensive gear changes.

“You have a little wiggle room now,” said Marshfield fisherman John Haviland. “So the coffin’s extra large instead of regular-sized.”

In addition, long-standing issues persist about federal assistance to struggling fishermen, upcoming rules changes and the reliability of science that measures fish stocks.

U.S. Sens. Edward M. Kennedy and John Kerry hosted a roundtable discussion with fishermen and industry representatives in Boston on Friday.

Gratitude for Kessler’s willingness to reconsider her own decision was a common theme, as was the reality of a fishery confronted with grave problems as regulators try to protect fish stocks while keeping fishermen in business.

“Unless we resolve this in a timely fashion, it will be a disaster,” Kennedy said.

In her ruling Thursday, Kessler vacated her April 26 order that cut fishing days at sea and adopted a compromise crafted by some industry and environmental groups.

Her new formula increases days at sea, but the most anyone will have is 70, compared to a maximum of 88 last year.

Gloucester fisherman David Marciano said he can’t fish until October because he needs $30,000 to buy larger-meshed nets the new regulations require to allow younger fish to escape.

The new rules also closed key areas in the Gulf of Maine. At Friday’s meeting, Bob McKinnon of the Massachusetts Bay Inshore Commercial Groundfisherman’s Association said he was shocked during a recent trip to sea when he didn’t see any other boats during what’s normally the prime fishing season.

Kennedy acknowledged the problems, but urged fishing groups not to appeal Kessler’s decision, saying the judge got it right this time.

He and Kerry also highlighted $16 million in federal assistance to New England fishermen hurt by the cutbacks contained in a bill pending before the Senate.

Attorney Steve Ouellette of the industry group, Northeast Seafood Coalition, called Kessler’s decision “bittersweet,” but said the group would work for change within the framework of the compromise agreement.

He asked Kerry, who is on a Congressional committee overseeing changes to the Magnusson Act, the federal law that sets rules for the fishery and is up for renewal, to make the act more flexible in setting timelines for rebuilding stocks.

Paul Parker of the Cape Cod Commercial Hook Fishermen’s Association urged the legislators to find money to analyze new scientific data. Fishermen have long contended current science is flawed and fish stocks are healthier than scientists say.

Anthony Chatwin, a scientist for the Conservation Law Foundation, said many species have shown gains, but years of severe fishing restrictions are still needed for overfished stocks to recover.

Kerry said environmental concerns aren’t being forgotten amid the troubles fishermen are facing.

“We have to be very careful,” Kerry said. “We can’t use this as an excuse to move backwards. I want those stocks preserved.”