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There's always going to be some bycatch. I just assume let them fish in the winter months to reduce it. Much better than having them dragging the same areas in October/November.
It sounds like most guys here just don't want anyone dragging at any place any time. A small time dragger could just as well caught the same tuna and they would still have to be discarded.
Attached are a few NOAA docs to give some background on the herring fishery. Appears the fleet in now working on the 2012 quota. Seems the full 2011 quota was not reached.
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