Saving Seafood

BEN LANDRY: Have honest discussion on menhaden fishing

July 24, 2017 — The following is excerpted from an op-ed by Ben Landry, Director of Public Affairs for Omega Protein, and was published Friday by The Providence Journal:

In his July 7 column (“Opinions on changes to menhaden quota are divided”), Capt. Dave Monti makes multiple inaccurate claims about the biology and management of menhaden — claims that someone who advises menhaden regulators at the Atlantic States Marine Fisheries Commission should know do not conform to the latest menhaden science.

Mr. Monti mischaracterizes the health of the Atlantic menhaden stock when he says it is “on the rebound, due to the first-ever catch quota put into place in 2012.” As an ASMFC advisor, Mr. Monti should know that the 2012 catch quota was based on a stock assessment, later determined to be faulty, that showed menhaden was being overfished. That later-disproven science led the commission to unnecessarily slash menhaden catch rates by 20 percent, hurting those who make their living in the fishery.

In 2015, following extensive improvements to its menhaden stock assessment model, the ASMFC found that menhaden was not overfished, not experiencing overfishing, and has actually not been overfished in decades. The science doesn’t show the Atlantic menhaden stock to be “on the rebound,” it shows it has had a clean bill of health all along.

Despite these developments, the current quota remains below 2012 levels. This is the result of politics, not science, and makes little sense, as the ASMFC itself found that the previous cuts were unwarranted.

Read the full op-ed at The Providence Journal

CONNECTICUT: Expert’s talk at LaGrua Thursday to focus on benefits of local sea-to-table options

July 24, 2017 — STONINGTON, Ct. — Meghan Lapp, an expert on the commercial fishing industry and its regulations, will give a talk entitled “Sea to Table: Bringing the Bounty of the Sea to You” on Thursday at 7 p.m. at the LaGrua Center at 32 Water St.

The Stonington Economic Development Commission is sponsoring the presentation, which will focus on how local harvesters provide fresh seafood, navigate fishery regulations and science, and what species are fresh, local and available. Admission is free.

Lapp, of Narragansett, is a fisheries liaison for Seafreeze Ltd., a producer and trader of sea-frozen fish in North Kingstown. She is on the Habitat Advisory Panel and the Herring Advisory Panel for the New England Fishery Management Council, the Ecosystems and Oceans Planning Advisory Panel for the Mid-Atlantic Fishery Management Council and the Menhaden Advisory Panel for the Atlantic States Marine Fisheries Commission.

She holds a master’s degree in legal science from Queen’s University in Belfast.

Growing up in Long Island, Lapp had familial ties in the fishing industry and worked in a fish market alongside commercial fisherman during summers in college.

Read the full story at the Westerly Sun

Fishing Report: U.S., fisheries panel disagrees on flounder targets

July 20, 2017 — Wilbur Ross, the U.S. commerce secretary, notified the Atlantic States Marine Fisheries Commission (ASMFC) that he has found the State of New Jersey to be in compliance with the new Summer Flounder Fishery Management Plan. The decision circumvents the work of the commission that provides coastwide management of summer flounder (fluke) in our area.

“New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective for the recreational fishery,” Ross stated in a letter to the commission.

In a press release last week, the ASMFC stated: “Based on the latest stock assessment information, summer flounder is currently experiencing overfishing. Spawning stock biomass has been declining since 2010 and is just 16 percent above the threshold. If the stock falls below the biomass threshold, the Magnuson-Stevens Fishery Conservation and Management Act requires the Council to initiate a rebuilding program, which could require more restrictive management measures.”

The Magnuson-Stevens Act puts fish first in this nation to ensure that fish stocks are rebuilt. Having more than 40 fish stocks successfully rebuilt proves the fish-first policy works. When decisions — such as the commerce secretary’s decision to allow New Jersey to make its own summer flounder regulations — are allowed, they put the interests of individual states first.

This is a recipe for disaster. States are subject to local political pressure to put local interests first, and the fish will take a back seat. The big concern with last week’s decision is that other states will decide to fish the way they want to regardless of what’s best for the fish, and we could end up with total chaos.

Read the full story at the Providence Journal

Mark Your Calendar: Red Snapper Public Hearings and Cobia Scoping via Webinar Scheduled

July 20, 2017 — The following was released by the South Atlantic Fishery Management Council:

Please mark your calendar now to take advantage of a series of webinars scheduled by the South Atlantic Fishery Management Council in August. The  Council will solicit public input on management measures affecting red snapper and Atlantic cobia in federal waters.

Red Snapper – Q&A and Public Hearings via Webinar 

Amendment 43 to the Snapper Grouper Fishery Management Plan

This amendment would modify the current annual catch limit for red snapper in the South Atlantic.  The Council proposes the modification in order to allow options for a limited harvest of red snapper in federal waters in 2018.  

Webinar Schedule: 

  • August 3rd – Informal Question & Answer Session at 6:00 PM
  • August 8th – Public Hearing at 6:00 PM
  • August 10th – Public Hearings at 10:00 AM and 6:00 PM

Atlantic Cobia – Public Scoping via Webinar 

Amendment 31 to the Coastal Migratory Pelagics Fishery Management Plan 

  • August 15th – Public Scoping via Webinar at 6:00 PM*
    • *A second presentation and comment opportunity will be repeated at 7:00 PM or later, depending on the end time of the first comment session.

The Council is soliciting public input on options for the management of Atlantic cobia (GA to NY).  The recreational fishery for Atlantic cobia was closed in federal waters earlier this year after NOAA Fisheries determined the annual catch limit would be met.  Options currently in the amendment include continuing efforts to develop a complementary plan with the Atlantic States Marine Fisheries Commission (ASMFC) or the complete transfer of Atlantic cobia management to the ASMFC. The Council is considering options to allow additional flexibility for managing the fishery. 

Note that webinar registration is required. Written comments will also be accepted. Additional information, including webinar registration, online public comment forms, comment deadlines, and public hearing and scoping documents are being posted on the Council’s website at:  http://safmc.net/safmc-meetings/public-hearing-and-scoping-meeting-schedule/ as they become available.

ASMFC 2017 Summer Meeting Final Agenda and Meeting Materials Now Available

July 18, 2017 — 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 2017 Summer Meeting are now available at http://www.asmfc.org/home/2017-summer-meeting; click on the relevant Board/Committee name to access the documents for that Board/Committee.  For ease of access, all Board meeting documents have been combined into two documents – Main Meeting Materials 1 and Main Meeting Materials 2. Main Meeting Materials 1 includes all meeting materials for August 1 through the American Eel Board on August 2, while Main Meeting Materials 2 includes Atlantic Menhaden Board materials and all meeting materials through August 3.

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 August 1st at 9:45 a.m. and continuing daily until the conclusion of the meeting (expected to be 4:30 p.m.) on Thursday, August 3rd. The webinar will allow registrants to listen to board/section 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 to https://attendee.gotowebinar.com/register/3016985523909460737 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 the Tuesday immediately preceding the scheduled ASMFC Meeting (in this case, the Tuesday deadline will be July 25, 2017) 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 Tuesday, July 25, 2017 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.

ASMFC Blasts Secretary Ross Decision on Summer Flounder in Favor of New Jersey’s Recreational Sector

July 18, 2017 — SEAFOOD NEWS — In a stunning decision to grant New Jersey’s recreational summer flounder fishery a waiver from new regulations to conserve the stock, Secretary of Commerce Wilbur Ross has shattered a 75-year practice of honoring the scientific process of the Atlantic States Marine Fisheries Commission. The letter was written to Executive Director Robert Beal and signed by Chris Oliver, Assistant Administrator NOAA Fisheries on July 11, 2017.

Oliver notes that the Atlantic Coastal Act’s compliance process rests on two criteria — whether or not New Jersey has failed to carry out its responsibility under the management plan and if so, whether the measures the state failed to implement are needed for conservation purposes of summer flounder.

Oliver further notes that if the Secretary determines that New Jersey has not been in compliance, the Act mandates that Ross declare a moratorium on that fishery.

“New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective for the recreational fishery,” Oliver wrote.

“While there is some uncertainty about how effective the New Jersey measures will be, considering the information provided by the state, the Secretary has found that the measures are likely to be equivalent in total conservation as those required under Addendum XXVVIII. Therefore, the second criterion of the noncompliance finding is not met and it is unnecessary to implement a fishery moratorium in New Jersey waters in 2017,” Oliver wrote.

“The Commission is deeply concerned about the near‐term impact on our ability to end overfishing on the summer flounder stock as well as the longer‐term ability for the Commission to effectively conserve numerous other Atlantic coastal shared resources,” replied Commission Chair Douglas Grout of New Hampshire.

“The Commission’s finding of noncompliance was not an easy one. It included hours of Board deliberation and rigorous Technical Committee review, and represented, with the exception of New Jersey, a unanimous position of the Commission’s state members. Our decision was based on Technical Committee’s findings that New Jersey’s measures were not conservationally‐ equivalent to those measures in Addendum XXVIII and are projected to result in an additional 93,800 fish being harvested,” Grout added.

Based on the latest stock assessment information, summer flounder is currently experiencing overfishing. Spawning stock biomass has been declining since 2010 and is just 16% above the threshold.

But almost from the day Ross was confirmed as Secretary of Commerce, the political push to oppose further restrictions was underway.

On March 2, 2017, NJ governor Chris Christie “formally requested the new U.S. Secretary of Commerce, Wilbur Ross, to put a hold on severe restrictions on recreational summer flounder fishing adopted recently by a regional fisheries commission, a move that would effectively cripple the state’s fishing industry and have far-reaching impacts on the shore tourism economy,” read an announcement from NJ Department of Environmental Protection Commissioner Bob Martin.

On June 23, Congressman Frank Pallone, Jr. (NJ-06) sent a letter to Ross asking him to consider New Jersey’s response to the ASMFC’s evaluation of the state’s compliance.

“I firmly believe that New Jersey is making every reasonable effort to chart a course forward that adequately balances conservation with the economic needs of fishermen and fishing communities, and I ask that you give the state’s approach a fair and thorough review,” said Pallone.

“New Jersey has proposed that the summer flounder size limit be decreased to 18 inches, with a 104-day fishing season and a 3 bag limit. The state is arguing that its summer flounder regulations reach conservation equivalency with federal regulations, and that its regulations will actually preserve the stock by reducing discard mortality,” Pallone told Ross.

“I respectfully request that you carefully consider the state’s arguments and technical data as you make your decision about whether to find New Jersey out of compliance. Imposing a moratorium on summer flounder fishing in New Jersey would have a devastating impact on the economies of coastal communities that rely on the recreational fishing industry in my Congressional district.

“Additionally, reaching that determination while there continue to be compelling technical and scientific reasons to question the initial decision to cut summer flounder quotas will further erode anglers’ trust in entities like ASMFC, the National Oceanic and Atmospheric Administration, and other fisheries management bodies,” he wrote.

The Commission has not “imposed a moratorium” on summer flounder fishing. Their changes affect the size limit and bag limit that can be taken by the rec sector in New Jersey.

Pallone also introduced a bill in Congress H.R. 1411 titled ‘‘Transparent Summer Flounder Quotas Act’’ simply to overturn the Commission’s tighter management tools for the recreational sector in New Jersey, and to continue the more relaxed regs through 2017 and 2018.

The vast majority of fishery‐independent surveys show rapidly declining abundance. Any increase in overall mortality puts the stock at risk for further declines and increases the probability of the stock becoming overfished.

If the stock falls below the biomass threshold, the Magnuson‐Stevens Fishery Conservation and Management Act requires the Council to initiate a rebuilding program, which could require more restrictive management measures.

New Jersey was not the only state to be concerned about the impact of the approved measures to its recreational fishing community. Two other states submitted alternative proposals that were rejected in favor of the states equally sharing the burden of needed reductions. Those states, as well as other coastal states, implemented the approved measures in order to end overfishing and support the long‐ term conservation of the resource.

“The states have a 75‐year track record of working together to successfully manage their shared marine resources,” continued Chairman Grout.

“We are very much concerned about the short and long‐term implications of the Secretary’s decision on interstate fisheries management. Our focus moving forward will be to preserve the integrity of the Commission’s process, as established by the Atlantic Coastal Act, whereby, the states comply with the management measures we collectively agree upon. It is my fervent hope that three‐quarters of a century of cooperative management will provide a solid foundation for us to collectively move forward in achieving our vision of sustainably managing Atlantic coastal fisheries.”

The Commission is currently reviewing its options in light of Secretary Ross’s action, and the member states will meet during the Commission’s Summer Meeting in early August to discuss the implications of the Secretary’s determination on the summer flounder resource and on state/federal cooperation in fisheries management under the Atlantic Coastal Act.

Meanwhile, Commission members are working on applying a better data collection system for recreational catches that will allow a recalibration of historical catches. That information will be available in the spring of 2018. With that, a new stock assessment will be conducted in the fall of 2018 for a full suite of data to base future management decision on.

The Atlantic States Marine Fisheries Commission was formed by the 15 Atlantic coastal states in 1942 for the promotion and protection of coastal fishery resources. The Commission serves as a deliberative body of the Atlantic coastal states, coordinating the conservation and management of nearshore fishery resources, including marine, shell and diadromous species.

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

Government defends decision to deny flounder fishing order

July 18, 2017 — The U.S. Department of Commerce says its top official was right to reverse a decision about flounder fishing regulations made by an interstate commission.

The regulatory Atlantic States Marine Fisheries Commission announced last month it had found New Jersey out of compliance with management of its fishery. But Secretary of Commerce Wilbur Ross disagreed and did not sign off on a ruling that could’ve forced a local moratorium on flounder fishing.

The move drew criticism from the commission and conservationists who say the decision overrides sustainable fishing rules on the East Coast. But a spokesman for the Commerce Department said Tuesday that Ross doesn’t think a fishing moratorium is warranted.

Read the full story from the Associated Press at the San Francisco Chronicle

NEW JERSEY: Trump official’s fish ruling could harm conservation

July 17, 2017 — A row with an appointee of President Donald Trump’s administration over the regulation of flounder fishing off New Jersey jeopardizes conservation of marine species all along the East Coast, interstate fishing managers said Monday.

The flatfish in question is the summer flounder, which is popular with sport fishermen and commercial fishermen from Maine to Florida. The regulatory Atlantic States Marine Fisheries Commission announced in June that it had found New Jersey out of compliance with management of the summer flounder fishery.

But Secretary of Commerce Wilbur Ross needed to sign off on the ruling, and he instead reversed it. The commission said in a statement that Ross’ ruling represents the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act in 1993 that a commerce secretary has failed to uphold such a noncompliance recommendation.

Ross’ ruling has the potential to soften the regulatory authority of the commission, which is tasked with managing fisheries along the coast, said Toni Kerns, director of the interstate fisheries management program for the Atlantic States.

The Atlantic States found that New Jersey was not implementing conservation measures, and Ross could have called for a federal moratorium on fishing for summer flounder in New Jersey’s state waters, Kerns said. Instead, his reversal sends a message that Atlantic States’ rulings lack teeth, she said.

“If the secretary of commerce isn’t agreeing to use that tool, then other states will see that and start not implementing measures,” Kerns said.

Read the full story from the Associated Press at The News & Observer

Retention Limit of Aggregated Large Coastal Shark and Hammerhead Shark Management Groups Increased to 36 Sharks per Trip Effective July 16th

July 17, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The National Marine Fisheries Service (NMFS) has increased the retention limit for the commercial aggregated large coastal shark (LCS) and hammerhead shark management groups (Appendix 1) for directed shark limited access permit holders in the Atlantic region from 3 to 36 LCS (other than sandbar sharks) per vessel per trip effective July 16, 2017. The revised retention limit will remain in effect for the rest of the 2017 fishing season or until NMFS announces another adjustment to the retention limit.

This action is intended to promote equitable fishing opportunities in the region, while allowing quota to be harvested throughout the year. All other retention limits and shark fisheries remain unchanged in the Atlantic region.

As agreed upon by the Commission’s Coastal Sharks Management Board, the Commission will follow NMFS for in-season changes to the commercial retention limit. Therefore, no more than 36 LCS other than sandbar sharks per vessel per trip may be retained from the aggregated LCS and hammerhead management groups by a state licensed fishermen effective July 16, 2017.

The Federal Register commercial retention limit notification can be found at: http://www.nmfs.noaa.gov/sfa/hms/species/sharks/news/shark_news_2017.html. 

Shark landings can be found at: http://www.nmfs.noaa.gov/sfa/hms/species/sharks/Landings/index.html.

Please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, at (703) 842-0740 or krootes-murdy@asmfc.org if you have questions.

A PDF of the announcement can be found here.

ASMFC Reacts to Commerce Secretary Decision to Reject Commission Advice on Summer Flounder

July 14, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

On July 11th, Secretary of Commerce, Wilbur Ross, notified the Atlantic States Marine Fisheries Commission that he has found the State of New Jersey to be in compliance with Addendum XXVII to the Summer Flounder Fishery Management Plan. According to the letter sent to the Commission, Secretary Ross’s decision was based on the assertion that “New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective for the recreational fishery.” This is the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) in 1993 and the Atlantic Striped Bass Conservation Act in 1984 that the Secretary of Commerce failed to uphold a noncompliance recommendation by the Commission.

“The Commission is deeply concerned about the near-term impact on our ability to end overfishing on the summer flounder stock as well as the longer-term ability for the Commission to effectively conserve numerous other Atlantic coastal shared resources,” stated Commission Chair Douglas Grout of New Hampshire. “The Commission’s finding of noncompliance was not an easy one. It included hours of Board deliberation and rigorous Technical Committee review, and represented, with the exception of New Jersey, a unanimous position of the Commission’s state members. Our decision was based on Technical Committee’s findings that New Jersey’s measures were not conservationally-equivalent to those measures in Addendum XXVIII and are projected to result in an additional 93,800 fish being harvested. Additionally, we had an obligation as a partner in the joint management of summer flounder with the Mid-Atlantic Fishery Management Council (Council) to implement measures to end overfishing immediately or face the possibility of summer flounder becoming an overfished stock.”

Based on the latest stock assessment information, summer flounder is currently experiencing overfishing. Spawning stock biomass has been declining since 2010 and is just 16% above the threshold.  The vast majority of fishery-independent surveys show rapidly declining abundance. Any increase in overall mortality puts the stock at risk for further declines and increases the probability of the stock becoming overfished. If the stock falls below the biomass threshold, the Magnuson-Stevens Fishery Conservation and Management Act requires the Council to initiate a rebuilding program, which could require more restrictive management measures.

New Jersey was not the only state to be concerned about the impact of the approved measures to its recreational fishing community. Two other states submitted alternative proposals that were rejected in favor of the states equally sharing the burden of needed reductions. Those states, as well as other coastal states, implemented the approved measures in order to end overfishing and support the long-term conservation of the resource.

“The states have a 75-year track record of working together to successfully manage their shared marine resources,” continued Chairman Grout. “We are very much concerned about the short and long-term implications of the Secretary’s decision on interstate fisheries management. Our focus moving forward will be to preserve the integrity of the Commission’s process, as established by the Atlantic Coastal Act, whereby, the states comply with the management measures we collectively agree upon. It is my fervent hope that three-quarters of a century of cooperative management will provide a solid foundation for us to collectively move forward in achieving our vision of sustainably managing Atlantic coastal fisheries.”

The Commission is currently reviewing its options in light of Secretary Ross’s action, and the member states will meet during the Commission’s Summer Meeting in early August to discuss the implications of the Secretary’s determination on the summer flounder resource and on state/federal cooperation in fisheries management under the Atlantic Coastal Act.

For more information, please contact Toni Kerns, Director, Interstate Fisheries Management Program, at tkerns@asmfc.org or 703.842.0740.