7.2 OVERUTILIZATION FOR COMMERCIAL, RECREATIONAL, SCIENTIFIC, OR EDUCATIONAL PURPOSES

7.2.1 Foreign Interceptory Fisheries

The fisheries in Canada, primarily those along the North Shore of Newfoundland and Labrador, also harvested 1SW Atlantic salmon of U.S. origin (ICES-NASWG 1996). In addition, a fraction of the U.S. stock were also vulnerable to exploitation by fisheries in Newfoundland, Labrador and Greenland as 2SW fish; it is believed that these fish represent those destined to mature after three sea-winters (Rago et al. 1993). This likely impacts only a small fraction of the U.S. stock since the majority of the MSW fish have returned to the rivers or the nearshore areas around the rivers by the time these fisheries are prosecuted in the spring and summer. Movements of older Atlantic salmon are thought to be directed around feeding areas in the Labrador Sea and off the coasts of West Greenland and Canada during the growing season and in the southern Labrador Sea during the winter (Friedland et al. 1993). Commercial fisheries in Newfoundland have been closed since 1992 and fisheries in Labrador were closed in 1998. Some Aboriginal food fisheries still exist in Newfoundland, Labrador and Quebec, but these fisheries target local stocks and do not intercept U.S. origin salmon at sea.

Because salmon caught in interception fisheries have been at sea from 12-15 months at the time of their capture, most of the natural mortality that impacts a particular year-class of smolts has occurred earlier in the life cycle. It is therefore generally accepted that the majority of salmon harvested by interception fisheries would have survived to return to their home waters had they not been captured (Beland 1984, ICES-NASWG 1999). The marine exploitation of U.S. stocks of Atlantic salmon occurs almost exclusively in foreign fisheries (Chadwick 1993).

The general distribution of U.S. origin Atlantic salmon in marine fisheries has been assessed through the use of Carlin tags and Coded Wire Tags (CWT) (Meister 1984; ICES-NASWG 1993). Through the nearly 30-year tagging record, it has been determined that U.S. origin Atlantic salmon are caught primarily by fisheries operating out of West Greenland and the Atlantic provinces of Canada (Labrador, New Brunswick, Newfoundland, and Nova Scotia). Meister (1984) reported that 53% of returns from 1SW or older Atlantic salmon tagged in Maine from 1963 to 1984 came from West Greenland, while 47% were captured in Canada. Of those tags recovered in Canada, Newfoundland accounted for 73% of tag returns, Labrador 19%, and Nova Scotia 7%. Of the relatively low numbers of post-smolt Atlantic salmon recovered, most came from Nova Scotia (88%), with the balance coming from Newfoundland (6%) and New Brunswick (5%). Recent assessments by the ICES-NASWG have taken a more analytical approach to analyses of these fisheries to allow improved harvest estimates (ICES-NASWG 1999). The historic catch and current status of these fisheries is described by country in the following sections.

7.2.1.1 The West Greenland Fishery

Private organizations purchased the allocated quotas in 1993 and 1994 (89 and 137 mt, respectively), resulting in a suspension of the fishery. An agreement could not be reached in the West Greenland Commission in 1996 and Greenland officials subsequently established a quota of 174 mt. However, the fishery only harvested 53% of the established quota (92 mt) in 1996. From 1998-2000, Greenland officials have agreed to restrict catches to what will be used for internal consumption only (estimated not to exceed approximately 20 mt.).

The fishery in West Greenland is truly a mixed stock fishery, with fish recorded from the U.S., Canada, Iceland, and nine European countries (Møller Jensen 1986). U.S. origin Atlantic salmon from the Connecticut, Merrimack, and Penobscot Rivers are harvested in the West Greenland fishery (Meister 1984; ICES-NASWG 1993). The ICES-NASWG has used three methods (Proportional Harvest Model, Carlin Tag Harvest Model, and Coded Wire Tag (CWT) Harvest Model - described below) based on tag recoveries and stock identification data to estimate the harvest of U.S. origin fish in West Greenland fisheries (ICES-NASWG 1989). While estimates from the methods differ somewhat, they have followed the same general trend during the period of overlap.

The Proportional Harvest and Carlin Tag Harvest Models estimate the number of Maine origin Atlantic salmon harvested at West Greenland. The Proportional Harvest model apportions the number of 1SW Maine origin fish caught in the fishery based on the relative production of smolts in U.S. and Canadian hatcheries (ICES-NASWG 1989, 1992). This model estimated harvest averaged 7,524 fish between 1976 and 1992. The estimate ranged from a minimum of 1,950 Atlantic salmon in 1992 to a maximum of 30,492 in 1980. The Carlin Tag Harvest Model raises all 1SW tags collected in the fishery (year I) to harvest estimates using the ratio of tagged to untagged 2SW returns to Maine rivers the following year (I+1). Estimates using the Carlin Tag Harvest Model averaged 1,534 Maine Atlantic salmon (1967-1991) and ranged from 216 fish in 1967 to 3,797 fish in 1989.

The CWT Harvest Model estimates the number of U.S. origin Atlantic salmon from the Connecticut and Merrimack Rivers as well as the Maine rivers. This method was only used from 1988 to 1994, when large CWT programs began (ICES-NASWG 1988). The CWTs were recovered in sampling programs in the West Greenland fishery and in homewaters. The CWT estimate is similar to the Carlin method in that the number of CWTs collected in the fishery is raised by the ratio of CWTs to 2SW Atlantic salmon returning to the Connecticut River, Merrimack River, or all Maine Rivers (ICES-NASWG 1993). Estimates using this method averaged 3,685 U.S. origin Atlantic salmon from 1988-1992. Estimates from the CWT model ranged from 2,173 fish in 1992 to 5,673 fish in 1988. The CWT estimates are considered to have the highest accuracy and precision because they are based on direct fishery samples.

7.2.1.2 The Canadian Fisheries

The regulation of Canada's Atlantic salmon fisheries began with the dual objectives of conservation and allocation (May 1993). Despite conservation measures, the Atlantic salmon harvest grew to almost 3,000 mt by 1966. For the last 20 years, conservation measures to protect Atlantic salmon in the Canadian fishery have become more stringent, limiting seasons, restricting gear, and eliminating entire fisheries to reduce marine exploitation (Chadwick 1993; May 1993). These measures were initiated in 1972 with a ban on the Newfoundland drift net fishery and a complete ban on commercial fishing in New Brunswick and Quebec (May 1993). Buyback and compensation programs were incorporated into these bans. From the middle 1970's to 1985, restrictions were further tightened, resulting in the closure of all Maritime Provinces' fisheries (May 1993).

The 1984 management plan was enacted to assist in the rebuilding of depressed populations of Atlantic salmon in mainland Canada and southwestern Newfoundland (O'Connell et al. 1992). In addition to restrictions on targeted Atlantic salmon fisheries, Canada has also regulated other fisheries (alewife, herring, and mackerel) with historic Atlantic salmon bycatch to reduce incidental take (May 1993). In 1989, a quota system was first introduced for the remaining commercial fisheries of Labrador and Newfoundland, designating a total Atlantic salmon harvest of 1,300 mt. By 1992, the total quota was reduced to 193 mt and a 5-year moratorium on commercial landings in Newfoundland was announced (May 1993; DFO 1993). The moratorium and reduced quotas are also part of an estimated $40 million program to purchase licenses and buy out commercial fishers. In 1999, Canada announced continuation of the Newfoundland and Labrador fisheries moratoria for an additional three years , leaving several native subsistence fisheries as the only commercial fisheries remaining in Canada.

Historically, U.S. origin Atlantic salmon have been documented in the harvests of New Brunswick, Nova Scotia, Newfoundland, and Labrador fisheries (Meister 1984). The New Brunswick and Nova Scotia tag returns were mostly from herring and mackerel weir fisheries, and changes in the regulation of these fisheries have reduced the bycatch of Atlantic salmon (Meister 1984; May 1993). Thus, the most important fisheries were those of Newfoundland and Labrador because they constituted most of the harvest and the highest percentages of U.S. origin Atlantic salmon (Meister 1984; ICES-NASWG 1993). These fisheries have historically caught U.S. Atlantic salmon from the Connecticut, Merrimack, and Maine Rivers (ICES-NASWG 1993). The catch of U.S. fish was nearly four times higher in the southern Newfoundland fishery than in the northern Labrador fishery (Meister 1984).

7.2.1.3 Combined Harvest of U.S. Atlantic Salmon

Estimated exploitation of the non-maturing component of North American salmon as 1SW salmon in West Greenland has been quite variable, but has declined significantly since 1992. Between 1971 and 1992, exploitation averaged approximately 30% in the West Greenland fishery. Exploitation rates in 1983 and 1984 were particularly low (< 15%), and were reinforced by low harvest levels (ICES-NASWG 1999)(see figure 7.2.1.3). In contrast, exploitation rates between 1985 and 1988 were nearly double 1983-1984 levels, despite quotas in place to limit total harvest (Møller Jensen 1988; ICES-NASWG 1993). The increase in exploitation rate was likely due to a lower abundance (Rago et al. 1993). Since 1992, exploitation rates have remained below 15% in the West Greenland fishery (ICES-NASWG 1999).

The average minimum and maximum exploitation in the Newfoundland fishery (Salmon Fishing Areas (SFA) 3-7 and 14a) were 52% and 72% for the North American stock complex. These rates declined in the early 1970's and then leveled off at lower levels for the remainder of the time series. Despite higher exploitation rates in the Newfoundland fishery, compared to the West Greenland fishery, the range of non-maturing 1SW Atlantic salmon caught in Newfoundland was too small to account for a large fraction of the total 2SW returns to North American streams (Rago et al. 1993).

The run reconstruction model also provides minimum and maximum estimates of the abundance of North American maturing and non-maturing 1SW recruits in West Greenland (Rago et al. 1993). The estimated abundance of the North American stock complex decreased dramatically from a mid-point estimate of 1.6 million in 1974, and reached it's lowest levels (midpoint estimate = 0.4 million) in 1997 (ICES-NASWG 1999).

Since the 2SW fisheries of Newfoundland occur when some component of the U.S. Atlantic salmon stock is nearing their natal streams, these fisheries could have a variable effect on U.S. stocks depending on their geographic distribution when the fisheries commence (O'Connell et al. 1992; Rago et al. 1993). The scenario that unfolded from 1984 to 1992 in the West Greenland fishery was especially alarming. During a period of general declines in the abundance of Atlantic salmon, the exploitation rate of the West Greenland fishery increased (Rago et al. 1993). These models indicate that while there has been a reduction in the prefishery abundance of Atlantic salmon, the execution of fisheries has further depressed the North American stock complex and, likely, the U.S. stock component.

To put the effects of alternate harvest levels into perspective, the combined harvest of 1SW Atlantic salmon of U.S. origin in the fisheries of West Greenland and Canada averaged 5,060 fish and returns to U.S. rivers averaged 2,884 fish from 1968 to 1989 (ICES-NASWG 1993). To indicate the extent of exploitation, the ICES-NASWG calculated the potential return to these rivers in the absence of the West Greenland and Canada fisheries. The ICES-NASWG estimates that returns of spawners to U.S. rivers could have potentially been increased by 2.5 fold in the absence of West Greenland and Labrador fisheries (ICES-NASWG 1993).

Figure 7.2.1.3 and Table 7.2.1.3: Commercial Exploitation of Atlantic Salmon

YEAR	Catch (in tons)		YEAR	Catch (in tons)
	Canada	West Greenland		Canada	West Greenland
1970	2323	2146	1985	1133	864
1971	1992	2689	1986	1559	960
1972	1759	2113	1987	1784	966
1973	2434	2341	1988	1311	893
1974	2539	1917	1989	1139	337
1975	2485	2030	1990	911	274
1976	2506	1175	1991	711	472
1977	2545	1420	1992	522	237
1978	1545	984	1993	373	0 *
1979	1287	1395	1994	355	0*
1980	2680	1194	1995	260	83
1981	2437	1264	1996	290	92
1982	1798	1077	1997	229	58
1983	1424	310	1998	149	11
1984	1112	297	1999

* reported catch was not inclusive of internal use only fisheries

7.2.1.4 Regulation of Commercial Fisheries

Commercial harvesting of U.S. origin Atlantic salmon on the high seas historically contributed to the depletion of the stock (Section 6.2.1). However, ongoing harvesting restrictions, described below, have greatly reduced this threat to U.S. Atlantic salmon. In 1993, NASCO's West Greenland Commission unanimously accepted the West Greenland Fishery Regulatory Measure (NASCO 1993b; Windsor and Hutchinson 1994). This agreement resulted in the setting of quotas based on the best available scientific advice, provided by ICES to NASCO, with the goal of reaching target spawning escapements for North American stocks (Windsor and Hutchinson 1994).

There are four parts to the quota setting process. First, ICES scientists estimate the prefishery abundance of 1SW fish of North American origin. Second, a target spawning escapement is reserved to return to rivers. Third, the spawning escapement is subtracted from the prefishery abundance to determine the number of Atlantic salmon available for harvest. The parties agreed it would be difficult to obtain the total required escapement immediately; they phased in this value at 72% of total escapement for 1993, 85% in 1994, and 100% by 1995. In the fourth part of the process, the surplus fish are allocated to the harvesting nations based on historical shares of the fishery from 1986-1990.

The agreed upon quota for the West Greenland fishery in 1993 was 213 mt. However, the North Atlantic Salmon Fund, a private interest concerned with Atlantic salmon conservation, purchased West Greenland's 1993 and 1994 quota. This action effectively reduced the quota to a 12 mt subsistence fishery (NASCO 1993b). In 1995, the quota was set in accordance with the 1993 quota agreement. No agreement was reached in 1996 regarding the appropriate quota and parties entered negotiations during the winter of 1996/1997 resulting in an addendum to the 1993 agreement. The addendum allowed for a limited reserve quota when the prefishery abundance was calculated to be less than the target spawning escapement. The addendum also stated that in the event the prefishery abundance was estimated to be less than 100,000, the only harvest of MSW North American fish would be in subsistence fisheries and in individual rivers where the target spawning escapement was exceeded (WGC(97)10). The quota in 1997 was set in accordance with the 1993 agreement and addendum and in 1998 in light of the prefishery abundance, agreement was reached to limit the fishery in West Greenland to internal consumption only. In 1999, a two year agreement (for 1999 and 2000) was reached to continue limitation of the fishery in West Greenland to internal consumption only.

Over the past decade, only 90,000 wild 2SW Atlantic salmon (on average) have returned annually to spawn in U.S. and Canadian rivers. Fishery managers believe that the number of returning spawners needed to sustain these stocks currently is 184,000 (ICES-NASWG 1999). In Canada, the Newfoundland fishery was placed under a five year moratorium in 1992 and licenses were purchased by the government. Quota management was initiated in the Labrador fishery in the early 1990s. Following a series of quota reductions, Canada closed the commercial fishery in Labrador in 1998. In February 1999, Canada announced a three-year Atlantic Salmon Management Plan which continues the moratorium on commercial harvest in Newfoundland and Labrador and further restricts the recreational fishery in these areas as well.

7.2.2 Domestic Commercial and Recreational Fisheries

7.2.2.1 Commercial Fishery

In October 1987, the New England Fishery Management Council prepared a Fishery Management Plan (FMP) to establish explicit U.S. management authority over all Atlantic salmon of U.S. origin. The NASCO Convention of 1982 defines territorial seas as being the 0-12 mile zone contiguous to the coastline for the signatory nation. In contrast, the U.S. has established only a 0-3 mile territorial sea zone. Consequently, the 3-12 mile zone off the U.S. coastline was not explicitly under the management authority of NASCO or the coastal states. The FMP was intended to address this deficiency and safeguard U.S. Atlantic salmon, protect the U.S. investment in the State/Federal restoration program, and strengthen the U.S. position in international negotiations. The FMP prohibits possession of Atlantic salmon in the Exclusive Economic Zone (EEZ). The FMP for Atlantic salmon recognizes that although there is no directed commercial fishery for Atlantic salmon in U.S. waters, the by-catch during commercial fishing for other species has the potential to be a significant source of mortality. The FMP further presents data to indicate that commercial by-catch in state waters is low. This is supported by Beland (1984) who reported that fewer than 100 salmon per year were caught incidental to other commercial fisheries in the coastal waters of Maine.

7.2.2.2 Recreational harvest

Historically, the average exploitation rate in Maine rivers has been estimated to be approximately 20% of the run (Beland 1984). Exploitation rates on returning Atlantic salmon averaged more than 25% of the annual run in the Narraguagus River from 1962-1974 and 20% of the annual run in the Machias River from 1962 to 1972 (Baum 1997). In retrospect, this level of harvest was likely too high, especially in light of the extensive intercept commercial harvest. The documented sport catch of sea-run Atlantic salmon in Maine during 1993 was 659 fish, with 152 killed and 507 released (USASAC 1994). The U.S. Atlantic Salmon Assessment Committee reported that in 1993 the exploitation rate, based on documented rod catches, on the Penobscot River was 7% compared to 6% the previous year. In 1998, only 233 salmon were caught and released, the lowest level of catch since the ASRSC was created in 1948. The recreational angling results documented for seven rivers in the DPS are shown in Table 7.2.2.2 and Figure 7.2.2.2.

Atlantic salmon parr remain vulnerable to harvest by trout anglers, and mortality associated with this activity has not been documented. Recent indications are that poaching activity occurs at fairly low levels on Maine rivers. Recent low returns of wild adult salmon to Maine rivers highlight the importance of continuing assessment of any source of mortality that may pose a risk to the DPS.

Figure 7.X2.2.2 and Table 7.X2.2.2: Recreational Harvest of Atlantic salmon within the DPS

The Conservation Plan stated that until recently, the greatest threat to Atlantic salmon was legal harvest through directed fishing, but that based on existing data, a regulated catch-and-release fishery would have little impact on the species. In addition, poaching was identified as a continuing problem and it was hypothesized that the problem could perhaps increase as runs increased. Additional actions proposed for enhanced protection included the following: (1) modify catch-and-release program to further restrict dates, locations, and gear allowed; (2) institute a reporting and monitoring program to better estimate any incidental take; (3) limit fishing within the seven rivers from July to September 30 to artificial lures only and a minimum length of 8 inches on all trout; (4) make the maximum length for brown trout and landlocked salmon 25 inches within the Sheepscot River and estuary; (5) within all Washington County waters, except West and East Grand Lakes, make maximum length 25 inches for landlocked salmon; (6) eliminate size and bag restriction on black bass on the Dennys River and Cathance Stream; (7) close cold water adult Atlantic salmon areas to all fishing, where necessary; (8) increase law enforcement with the addition of two seasonal wardens; and (9) propose increased penalties for Atlantic salmon poaching.

Directed Catch and Release Fishing

In February 1998, the TAC presented the ASA Board with a report entitled "Recommendations Regarding the Appropriateness of Catch and Release Angling for Atlantic Salmon in the Seven Downeast Rivers in 1998". This report was submitted by the TAC in response to a request from the ASC to examine the following factors in formulating a recommendation regarding the appropriateness of catch and release fishing: parr densities, sea surface temperature index developed by ICES, adult returns and redd counts, availability of hatchery fry, and incidental mortality related to catch and release. The TAC report stated that densities of Atlantic salmon parr in 1997 were low or below average on all rivers except for a few sites that had densities near long-term averages due to recent fry stocking efforts. The report attributed low juvenile densities to insufficient spawning escapement in recent years and sub-optimal survival of stocked fry.

The report noted improvements in the ocean thermal habitat index, but noted that marine habitat conditions were still not highly favorable to Atlantic salmon. It further noted that adult returns and redd counts in the seven Maine rivers in 1997 were among the lowest ever observed. The TAC report cited recent studies (Brobell et al. 1996; Wilkie et al. 1997; Tufts, et al. 1998; Whoriskey 1998) that demonstrated survival of Atlantic salmon caught and released in sports fisheries could be 95% or higher. Conditions cited as contributing to increased mortality include water temperatures in excess of 22oC, exposure of the fish to air after it has been captured, extremely soft water, and low oxygen levels. The TAC summary of the status of Atlantic salmon stocks in the DPS rivers included acknowledgement of low parr abundance, continuation of the downward trend in adult returns, the lack of a guarantee that fry stocking would result in a significant increase in adult returns, the lack of sufficient data available to quantitatively evaluate the potential impact of Maine's sports fishery regulations on catch and release fishing and finally, recognition that given current adult population levels, any measurable bycatch mortality could be high enough to cause harm to these populations. The TAC stated that they could not scientifically justify the harvest (direct or indirect through catch and release) of any Atlantic salmon in these seven rivers given the extremely low Atlantic salmon population levels. The TAC stated that a conservation management strategy was justified due to the increasing advantage of each additional spawner.

The ASA Board received the recommendation of the TAC but voted in June 1998 that additional restrictions upon angling were not warranted. The ASA Board stated that they believed the 1997 restrictions achieved the objective of minimizing the potential "take" associated with the catch and release fishery. The ASA stated that it would like to monitor the catch and release fishery but did not have the resources and therefore would attempt to work locally to obtain available information. Subsequently, the ASA reconsidered its earlier position and voted to go forward with a proposal to eliminate the directed catch and release fishery for Atlantic salmon. A proposed rule was issued and public hearings were held in the winter of 1999. The state later determined that the hearings were not legal, as the required number of Board members was not present.

Canada summarized available information on the effects of hook-and-release angling practices in 1998. According to the Canadian report, it is assumed in Newfoundland that 10% of the hooked-and-released salmon died and in the Maritimes values up to and including 10% are used. The Canadian report summarized the findings of a number of studies which collectively examined the following variables for their potential to affect the level of hook-and-release mortality: temperature, water flow, season, time of day, size of fish, sex of fish, fishing and handling practices, and water chemistry. The Canadian paper concluded that hook-and-release angling could be an effective conservation and management tool under the right conditions. The Canadian report attempted to analyze the impact of hook-and-release angling on potential egg deposition of the Saint John River stocks above Mactaquac Dam, New Brunswick. The estimated impact of the fishery was not found to increase when salmon runs declined, but the authors cautioned that a small stock could possibly be reduced below a viable population size. The management recommendation of the paper was that although hook-and-release angling is a conservation measure relative to retention angling, caution must still be exercised when considering implementation (DFO Science Stock Status Report DO-03 1998).

A study was conducted in New Brunswick to examine the magnitude of the physiological disturbance in different sizes of wild Atlantic salmon angled in the late season, assess survival under these conditions and investigate the effects of angling on gamete viability. That study concluded that the likelihood of delayed mortality is minimal and that there are not significant consequences on gamete viability resulting from angling and release of Atlantic salmon in the late fall (Booth et al. 1995).

Another study on the Miramachi River in New Brunswick compared the effects of catch and release fishing on kelts and bright salmon and concluded that the physiological disturbance from angling is smaller in kelts than in bright salmon. This study indicated that the stage of freshwater migration had a large influence on the magnitude of the physiological disturbance in Atlantic salmon following exhaustive angling. It was determined that compared to kelts, bright salmon had a greater capacity for exhaustive exercise, were more disturbed by angling, and were more likely to suffer mortality. The authors hypothesized that several factors, such as degree of starvation, osmoregulatory status, and environmental temperature probably influenced the physiological response of Atlantic salmon at different migratory stages (Brobbel et al. 1996).

The recreational fisheries subgroup of the Governor's Task Force concluded that the minimal incidental take of salmon from a catch and release fishery would have no impact on recovery. While it is true that some studies conducted under controlled or laboratory settings have resulted in a zero mortality to Atlantic salmon caught and properly released, it is highly unlikely that such favorable conditions would be present in the natural environment. Elevated water temperatures, low river flow, and improper handling all could result in significantly higher mortality rates which, given low adult returns, could negatively impact recovery of the DPS. The Conservation Plan cited a number of benefits to Atlantic salmon from angler presence on the river including protection of the resource and observation of violations. No data were provided in the Conservation Plan or elsewhere to demonstrate that the claimed benefits outweigh the potential of mortality from a catch and release fishery.

Illegal In-River Harvest of Atlantic Salmon

Potential by-catch of Atlantic salmon in State Recreational and Commercial Fisheries

The Conservation Plan included the goal of reducing incidental take mortality by 50%. The IFW has stated that there is no way of estimating the number of Atlantic salmon caught as bycatch in other recreational fisheries or to estimate the resultant mortality (LWRC 1999). The IFW suggested that the effectiveness of regulatory changes should be evaluated based on scientific studies and the knowledge of the ASA regarding salmon survival and mortality, rather than a survey of anglers or another monitoring effort due to concerns about angler identification of juvenile Atlantic salmon. The potential exists for anglers to misidentify juvenile Atlantic salmon as brook trout, brown trout, or landlocked salmon. A minimum size (8 inches) restriction on trout caught after June 30 of each year reduces the potential for keeping salmon parr misidentified as other salmonine species. Atlantic salmon kelts may also be taken by ice fishermen who mistake them for landlocked salmon. A maximum length for landlocked salmon and brown trout (25 inches) was adopted in an attempt to avoid this potential source of accidental sea-run Atlantic salmon harvest. There is also concern that as striped bass populations increase, the potential for striped bass anglers to catch Atlantic salmon in estuaries will likewise increase.

Commercial fisheries for white sucker, alewife, and American eel conducted in state waters have the potential to incidentally catch Atlantic salmon. New regulations were passed in Maine for 1998 which set a maximum length of fyke nets used in the elver fishery and prohibited fyke nets from the middle third of any waterway to provide a zone of safe passage for migratory fish. No Atlantic salmon bycatch was reported by DMR biological staff who fished elver fyke nets with the required finfish excluder panel during 1998. Biologists from DMR closely monitored the alewife fishery on the Sheepscot River and did not observe any salmon in the fishway during the alewife fishery. The alewife fishery on the Pleasant River was restricted to hand dip net and personal use only in 1998 which eliminated the potential for Atlantic salmon bycatch. There is no commercial alewife fishery on the Machias River. The alewife fishery on the East Machias is conducted upstream of Atlantic salmon spawning and nursery habitat and therefore there is no bycatch. The alewife fishery was closed in 1998 on the Ducktrap, Narraguagus, and Dennys Rivers, which precluded any potential bycatch of Atlantic salmon. In its 1998 annual report, the State concludes that bycatch related to commercial sucker, alewife, or elver fishing does not appear to be a problem for Atlantic salmon.

7.2.3 Summary of Overutilization