Saving Seafood

VIRGINIA: The Battle Over Menhaden Harvesting in the Bay

October 30, 2019 — Set along the northern-most section of Virginia’s Chesapeake Bay is a town called Reedville, a fishing community established in the 1870’s. Though quaint and scenic, the heart pumping life into Reedville is a fish processing plant owned by Omega Protein.

Omega Protein harvests and processes a small, oily fish called menhaden for various commercial uses that include fish oil and fish meal, which is used as food ingredients and animal feed. It’s a good business for Reedville’s economy, but there are others who say this business is bad for the bay.

One of those people is Allen Girard of the Chesapeake Bay Foundation, a watchdog group that fights for the health and restoration of the bay.

“Menhaden are an incredible species,” says Girard. “A link in the food chain to the whole food web to the Chesapeake Bay.”

A close eye is kept on that link by the Atlantic States Marine Fisheries.

“The menhaden issue is a very complex issue the commission is currently facing,” says Toni Kerns, ASMFC’s director of Interstate Fisheries Management Program and Policy Development.

The ASMFC is a group that, under federal law, manages and oversees coastal fisheries including the menhaden species. Essentially, the ASMFC has regulatory authority.

Read the full story at WBOC

Patrick C. Keliher Elected ASMFC Chair

October 30, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

Today, member states of the Atlantic States Marine Fisheries Commission (Commission) thanked James Gilmore of New York for an effective two-year term as Chair and elected Commissioner Patrick C. Keliher of Maine to succeed him.

“It is both a great honor and huge responsibility to be trusted to lead the Commission for the next two years. I am humbled by my fellow Commissioners’ confidence in me,” said Mr. Keliher. “While my obligation to the great State of Maine will always come first and foremost, I also recognize that Maine sits on boards for just 10 of the 27 species managed by the Commission. As Chair, I will be working with ASMFC leadership to shape the course of interstate fisheries management for more than just the Pine Tree State and will ensure substantial resources are devoted to issues of equal importance in the fisheries of the Mid- and South Atlantic states. I look forward to bolstering the Commission’s relationship with NOAA Fisheries and Congress to ensure mutual cooperation. I’d like to thank Jim Gilmore for his superb leadership over the past two years. I learned a great deal from him and will use the knowledge gained to work with newly elected Vice-chair Spud Woodward to advance the Commission’s vision of Cooperative and Sustainable Management of Atlantic Coastal Fisheries.”

Under Mr. Gilmore’s chairmanship, the Commission made important strides in furthering its strategic goals. Management accomplishment’s during the past two years include approval of plan amendments for Atlantic cobia and summer flounder, protections for spawning Atlantic herring, and approval of an addendum to end overfishing of Atlantic striped bass. The Commission’s Science Program completed benchmark assessments and peer reviews for horseshoe crab, Atlantic striped bass and northern shrimp, and made significant progress on the benchmark assessments for American lobster, American shad, and Atlantic menhaden (including the establishment of ecological reference points).

The Atlantic Coastal Cooperative Statistics Program (ACCSP) continued to successfully implement state conduct of the Marine Recreational Information Program’s Access-Point Angler Intercept Survey. ACCSP also made significant advancements in technological innovations, including tablet and mobile data entry apps for dealers, commercial fishermen and the for-hire industry. During his chairmanship, Mr. Gilmore oversaw the selection of a new ACCSP Program Director, Geoff White.

The Atlantic Coastal Fish Habitat Partnership funded restoration projects in six states to conserve a total of 40 acres of fish habitat and provide access to over 29 river miles and 3,900 acres of spawning habitat. It also launched a redesigned website, created an online query tool for the Species-Habitat Matrix, and completed a research project to understand black sea bass habitat use in the Mid-Atlantic Bight.

A Gardiner native, Mr.  Keliher has spent much of his life in the woods and on the waters of Maine.  His experiences as a youth, fishing and lobstering with family in Casco Bay, instilled in him early on an appreciation for the importance and value of our natural resources. He has been Commissioner of Maine’s Department of Marine Resources since January 2012.

The Commission also elected Spud Woodward, Georgia’s Governor Appointee to the Commission, as its Vice-Chair.

ASMFC Horseshoe Crab Board Sets 2020 Specifications for Horseshoe Crabs of Delaware Bay Origin

October 30, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Horseshoe Crab Management Board approved the harvest specifications for horseshoe crabs of Delaware Bay origin. Under the Adaptive Resource Management (ARM) Framework, the Board set a harvest limit of 500,000 Delaware Bay male horseshoe crabs and zero female horseshoe crabs for the 2020 season. Based on the allocation mechanism established in Addendum VII, the following quotas were set for the States of New Jersey, Delaware, and Maryland and the Commonwealth of Virginia, which harvest horseshoe crabs of Delaware Bay origin:

The Board chose a harvest package based on the Delaware Bay Ecosystem Technical Committee’s and ARM Subcommittee’s recommendation. The ARM Framework, established through Addendum VII, incorporates both shorebird and horseshoe crab abundance levels to set optimized harvest levels for horseshoe crabs of Delaware Bay origin. The horseshoe crab abundance estimate was based on data from the Benthic Trawl Survey conducted by Virginia Polytechnic Institute (Virginia Tech). This survey, which is the primary data source for assessing Delaware Bay horseshoe crab abundance for the past two years, as well as the ongoing benchmark stock assessment, does not have a consistent funding source. However, due to the efforts of three Senators and six Representatives – namely, Senators Chris Coons (D-DE), Tom Carper (D-DE), Cory Booker (D-NJ); and Representatives Frank Pallone (D-NJ), Frank LoBiondo (R-NJ), Lisa Blunt-Rochester (D-DE), Donald Norcross (D-NJ), Chris Smith (R-NJ), and Bill Pascrell (D-NJ) – and the support of NOAA Fisheries, annual funding for the survey has been provided since 2016. They have also requested that NOAA Fisheries incorporate the survey into the agency’s annual budget.

For more information, please contact Dr. Michael Schmidtke, Fishery Management Plan Coordinator, at 703.842.0740 or mschmidtke@asmfc.org.

Virginia Out of Compliance with Menhaden Cap

October 29, 2019 — The menhaden harvest limit decision-makers have found Virginia to be out of compliance with the Chesapeake Bay harvest cap.

Atlantic States Marine Fisheries Commission’s (ASMFC) Menhaden Management Board voted overwhelmingly to take action against Virginia after Omega Protein, the Reedville-based producer of fish meal and fish oil, exceeded ASMFC’s harvest cap back in September.

Menhaden, an oily little fish, makes for big business, but it’s also a key piece of the Chesapeake Bay food chain, providing food for predators like striped bass.

The ASMFC set the Bay’s menhaden harvest cap at 51,000 metric tons back in 2017, but Virginia’s General Assembly, who control state menhaden management, refused to enact the new cap. So the state limit remains at 87,216 metric tons.

The ASMFC considered a non-compliance motion last year, for Virginia’s failure to adopt the cap, but postponed it because Omega Protein hadn’t actually exceeded 51,000 metric tons in recent years.

Read the full story at the Chesapeake Bay Magazine

A beloved New Jersey fish is in big trouble. What’s next for striper fishing?

October 28, 2019 — Paul Haertel has been reeling in striped bass — stripers, as they’re better known — along the Jersey Shore since he was a teen.

The 64-year-old angler from Barnegat lives for a good trophy fish; he’s even mounted two of his largest catches on his wall: one a 50-pounder he caught off Barnegat Inlet in 2003, the other he nabbed in 2011 during a thunderstorm, while chasing bunker fish off the Shore.

“I don’t want a replica of somebody else’s fish hanging on my wall — I want my fish” Haertel said.

Haertel’s sense of striper pride echoes throughout the state: when the bass migrate north in the spring and when they head south in the fall, pictures of monster fish are shared by proud anglers across social media. Stripers are a key component of in New Jersey’s multi-billion dollar fishing industry, too, as charter boats up and down the Shore make their living bringing striper-seekers out into open saltwater.

But trouble now looms amid the churning waves.

The Atlantic States Marine Fisheries Commission, an agency formed by 15 states that manages the fishing of multiple species swimming along the East Coast, announced in May that striped bass are being overfished.

Read the full story at NJ.com

Revised Effort Controls for the Atlantic Herring Area 1A Fishery in Period 4

October 24, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Management Board members from Maine, New Hampshire, and Massachusetts revised effort control measures for the 2019 Area 1A (inshore Gulf of Maine) fishery for period 4 (November and December). The Area 1A fishery will remain at zero landing days for the remainder of October as the period 3 quota has been met.

For period 4, the Area 1A fishery will move to one landing day per week starting at 6:00 p.m. on November 3 for Maine and 12:01 a.m. on November 4 for Massachusetts and New Hampshire, contingent upon a notice by NOAA Fisheries that the Area 1A sub-ACL has been adjusted. As outlined in the Atlantic herring specifications, if the New Brunswick weir fishery catch through October 1 is less than 4,000 mt, then 1,000 mt will be subtracted from the management uncertainty buffer and added to the Area 1A sub-ACL. NOAA Fisheries is currently evaluating landings data from the New Brunswick weir fishery and will make a determination in the coming weeks. If a notice by NOAA Fisheries has not been issued by 10 a.m. on October 31, the fishery will remain at zero landings until the transfer has occurred. Upon notification from NOAA Fisheries, the fishery will move to one landing day per week with a Sunday/Monday start date based on the timing of the announcement. In order to provide states enough time to notify stakeholders, the notice from NOAA Fisheries must be posted by 10 a.m. on Thursday for the fishery to move to one landing day the subsequent Sunday/Monday.

Period 4 landings will be closely monitored and the directed fishery in Area 1A will close when 92% of the sub-ACL is projected to be reached, or when 95% of the ACL for the stock-wide fishery is projected to be reached. Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip on days out of the fishery.

Please note the Western Maine and Massachusetts/New Hampshire spawning areas remain closed through 11:59 p.m. on November 3 (vessels cannot take, land, or possess Atlantic herring during spawning closures).

For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, atkrootes-murdy@asmfc.org or 703.842.0740.

A PDF of the announcement can be found here – http://www.asmfc.org/uploads/file/5db1e21bAtlHerringDaysOutRevisedSpecifications_Oct2019.pdf

ASMFC 78th Annual Meeting Supplemental Materials Now Available

October 23, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

Supplemental materials for the Atlantic States Marine Fisheries Commission’s 78th Annual Meeting are now available at http://www.asmfc.org/home/2019-annual-meeting for the following Boards/Committees (click on “Supplemental” following each relevant committee header to access the information). For ease of access, all Board meeting supplemental materials have been combined into one PDF – http://www.asmfc.org/files/Meetings/78AnnualMeeting/78thAnnualMeetingCombinedSupplementalMaterials.pdf. Not included in the combined document are supplemental materials for the Executive Committee and the Atlantic Striped Bass Board; materials for both of which can be found at their committee headers.

Atlantic Herring Management Board – Correspondence to NOAA & ASMFC Regarding Herring Quota and Law Enforcement Violation

American Lobster Management Board – Lobster/Jonah Crab Reporting Requirements

Tautog Management Board – Update on Implementation of the Commercial Harvest Tagging Program

Atlantic Coastal Fish Habitat Partnership Steering Committee – Action Items

Atlantic Menhaden Management Board – Public Comment

Management and Science Committee – Revised Draft Agenda

Horseshoe Crab Management Board – Draft Fishery Management Plan Review

American Eel Management Board – Draft Fishery Management Plan Review

Weakfish Management Board – Draft Fishery Management Plan Review

Executive Committee – Revised Agenda and FY19 Audit

Habitat Committee – Aquaculture Impacts to Fisheries; Acoustic Impacts on Atlantic Fisheries Production

Shad and River Herring Management Board – Public Comment

Coastal Sharks Management Board – Draft Fishery Management Plan Review

Atlantic Striped Bass Management Board – Advisory Panel Recommendations; Law Enforcement Committee Review; Technical Committee Criteria for Conservation Equivalency with Addendum VI; Public Comment Summary and Submitted Comment on Draft Addendum VI

ISFMP Policy Board – Revised Draft Agenda and Meeting Overview; Habitat Management Series: Aquaculture Impacts to Fish Habitats along the Atlantic Coast

South Atlantic State/Federal Fisheries Management Board – Draft Addendum III to Amendment 1 to the FMP for Atlantic Croaker; Draft Addendum III to the Omnibus Amendment to the FMP for Spanish Mackerel, Spot, and Spotted Seatrout; Draft Fishery Management Plan Reviews for Black Drum and Spotted Seatrout; Public Comment

As a reminder, Board meeting proceedings will be broadcast daily via webinar beginning Monday, October 28th at 8:30 a.m. and continuing daily until the conclusion of the meeting (expected to be 12:15 p.m.) on Thursday, October 31st. The webinar will allow registrants to listen to board deliberations and view presentations and motions as they occur. No comments or questions will be accepted via the webinar. Should technical difficulties arise while streaming the broadcast the boards/sections will continue their deliberations without interruption. We will attempt to resume the broadcast as soon as possible.

US bill would mandate report on NOAA, council efforts to address climate change

October 17, 2019 — A bill introduced Tuesday by US representative Joe Cunningham, a Democrat from South Carolina, would make sure climate change’s impact on fish stocks is a focal point for the Donald Trump administration and the regional fishery management councils.

HR 4679, The Climate-Ready Fisheries Act of 2019, would require the Government Accountability Office (GAO) to submit a report to Congress examining efforts by the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, the councils and the Atlantic States Marine Fisheries Commission to “prepare and adapt US fishery management for the impacts of climate change”.

The bill, introduced in the House Committee on Natural Resources, already has three cosponsors, including Florida Republicans Francis Rooney and Brian Mast. Representative Jared Huffman, chair of the Subcommittee on Water, Oceans & Wildlife, also is a cosponsor.

Read the full story at Undercurrent News

ASMFC 78th Annual Meeting Final Agenda and Meeting Materials Now Available

October 17, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

The final agenda and meeting materials for the Atlantic States Marine Fisheries Commission’s 78th Annual Meeting are now available at http://www.asmfc.org/home/2019-annual-meeting; click on the relevant Board/Committee name to access the documents for that Board/Committee. For ease of access, all Board meeting documents (including the Executive Committee and ACCSP Coordinating Council) have been combined into one document – Main Meeting Materials. Supplemental materials will be posted to http://www.asmfc.org/home/2019-annual-meeting on October 23rd.

The agenda is subject to change. The agenda reflects the current estimate of time required for scheduled meetings. The Commission may adjust this agenda in accordance with the actual duration of meetings. Interested parties should anticipate meetings starting earlier or later than indicated herein.

Board meeting proceedings will be broadcast daily via webinar beginning Monday, October 28th at 8:30 a.m. and continuing daily until the conclusion of the meeting (expected to be 12:15 p.m.) on Thursday, October 31st. The webinar will allow registrants to listen to board deliberations and view presentations and motions as they occur. No comments or questions will be accepted via the webinar. Should technical difficulties arise while streaming the broadcast the boards/sections will continue their deliberations without interruption. We will attempt to resume the broadcast as soon as possible. Please go https://attendee.gotowebinar.com/register/2059114101381638411 to register.

As a reminder, the guidelines for submission of written comment for issues for which the Commission has NOT established a specific public comment period (i.e., in response to proposed management action) are as follows:

1.   Comments received 3 weeks prior to the start of a meeting week will be included with the main meeting materials.

2.   Comments received by 5:00 PM on October 22, 2019 will be distributed electronically to Commissioners/Board members prior to the meeting and a limited number of copies will be provided at the meeting.

3.   Following the October 22, 2019 5:00 PM deadline, the commenter will be responsible for distributing the information to the management board prior to the board meeting or providing enough copies for the management board consideration at the meeting (a minimum of 50 copies).

The submitted comments must clearly indicate the commenter’s expectation from the ASMFC staff regarding distribution.  As with other public comment, it will be accepted via mail, fax, and email.

New York Sues U.S. Dept. of Commerce Over Fluke Allocation

October 15, 2019 — SEAFOOD NEWS — In the most recent salvo of a lengthy battle, New York’s Department of Environmental Conservation sued the Department of Commerce for maintaining the annual allocation of summer flounder to the state, despite a well-documented stock migration from the mid-Atlantic to off the shores of NY’s Long Island.

“It is unjust that New York’s fishing communities continue to be subjected to outdated restrictions on a key source of their livelihoods, which is why we are challenging this quota,” said New York’s Attorney General Letitia James. “Previous years of limiting commercial fluke fishing have shown us that the federal government’s reliance on erroneous data violates federal fisheries law and stunts commercial growth in the state. My office will continue to fight for fair treatment of those who depend upon on our commercial fishing industry.”

The suit, filed on October 10, charges the DOC of violating the Magnuson-Stevens Act (MSA) and the Administrative Procedures Act by not responding to the stocks northward migration over the years and instead relying on outdated allocation shares.

Summer flounder is co-managed by the Mid-Atlantic Fisheries Management Council and the Atlantic States Fisheries Commission for inshore and offshore waters in North Carolina, Virginia, Maryland, Delaware, New Jersey, New York, Rhode Island, Connecticut, Massachusetts, New Hampshire, and Maine.  Allocation to all 11 states has been based on historical catch data from 1980-89, data which New York’s DEC says are “obsolete.”

Allocation shares give 27.5% to North Carolina, 21.3% to Virginia, 16.7% to New Jersey, 15.7% to Rhode Island; 7.7% to New York, 6.8% to Massachusetts, with the remaining 5% to Connecticut, Maryland, Maine, Delaware, and New Hampshire.

That puts 5.6 mlbs of summer fluke landings at ports in North Carolina and Virginia while only .88mlbs at ports in New York, “even though the center of the biomass of summer flounder—and commercial fishing activity—is off Long Island,” states the suit.

“New York’s commercial fishing industry is a critical economic driver that has been held back by outdated federal restrictions for decades,” Governor Andrew Cuomo said. “After numerous attempts to work with the federal government to adjust this unfair quota, we’re forced to make our case through the courts to protect the hardworking men and women of this industry. We will not back down until these unreasonable limits on New York’s fishing industry are made right.”

“In the more than 30 years since those data were collected, the center of the summer flounder stock has shifted significantly northeast to the waters off New York’s coast,” wrote Plaintiff Basil Seggos, Commissioner of the New York State Department of Environmental Conservation (DEC).

“Boats from North Carolina and Virginia—states which have significantly larger quotas than New York predicated on the now obsolete landings data derived from the vastly different fishery of the 1980s—routinely travel hundreds of miles to waters off Long Island, fish, and then return hundreds of miles back to land their catch.

“Long Island-based boats have a far shorter trip to the prime fishing grounds but are constrained by New York’s small allocation—based on the same obsolete data—to return with far fewer fish than their southern counterparts.  To eke out a living, some New York boats have had to purchase North Carolina or Virginia licenses, catch summer flounder off Long Island, then sail hundreds of miles south to land their catch.”

The suit claims the management actions taken by DOC are inconsistent with four National Standards in the MSA: National Standard 2, which calls for “best scientific information” to be used in management decisions; NS 4, which prohibits discrimination between residents of different states; and NS 5 and 7, which require efficiency in the use of fishery resources and to minimize costs where practicable.

The suit asks the court to partially vacate the 2020–2021 Specifications Rule by invalidating New York’s quota and partially vacate the 1993 Allocation Rule by invalidating New York’s allocation and remand the Rules to Commerce for further proceedings.

Commercial landings of summer flounder peaked in 1984 at 37.77 million pounds and reached a low of 5.83 million pounds in 2017. Total ex-vessel value in 2018 was $25.27 million, resulting in an average price per pound of $4.11

The Council and ASFMC recently approved increases in quota for all the states if the coastwide commercial quota exceeds 9.55mlbs. In that case, NY would get 12.375% of the additional quota, as would six other states. But the modification will not be effective, if approved, until January 1, 2021.

The stock for summer flounder spawning females is at 98 million pounds, but recruitment is low. In addition, annual removals are above what the stock can currently replace, so forecasts are for declining abundance.

Recent changes in accounting for sport landings have also increased those removals historically.

The next benchmark stock assessment is tentatively scheduled for 2021.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.