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Trustees Propose Comprehensive Restoration Plan for the Gulf of Mexico

October 5, 2015 — The following was released by NOAA Fisheries:

Because of potential relevance to Atlantic highly migratory species fisheries and constituents, we want to make you aware of the announcement below from the Deepwater Horizon Oil Spill Natural Resource Damage Assessment Trustees.

The Trustees have proposed a comprehensive, integrated, ecosystem restoration plan for the Gulf of Mexico. The draft plan is based on our thorough assessment of impacts to the Gulf’s natural resources-and the services they provide-following the Deepwater Horizon oil spill.

The draft plan would allocate up to $8.8 billion allocated for natural resource injuries under a proposed settlement with BP. We have proposed to accept this settlement, which would resolve BP’s liability for natural resource injuries stemming from the spill.

The draft plan would allocate funds to meet five restoration goals, and 13 restoration types designed to meet these goals. The restoration types address a broad range of impacts at both regional and local scales. Together, these efforts will restore wildlife and habitat and increase recreational opportunities in the Gulf.

The five goals of the draft plan are to: 1) restore and conserve habitat; 2) restore water quality; 3) replenish and protect living coastal and marine resources; 4) provide and enhance recreational opportunities; and 5) provide for monitoring, adaptive management, and administrative oversight to support restoration implementation.

The 13 proposed restoration types are:

1. Wetlands, coastal, and nearshore habitats

2. Habitat projects on federally managed lands

3. Nutrient reduction

4. Water quality

5. Fish and water column invertebrates

6. Sturgeon

7. Submerged aquatic vegetation

8. Oysters

9. Sea turtles

10. Marine mammals

11. Birds

12. Mesophotic and benthic (lowlight and ocean floor) communities

13. Provide and enhance recreational opportunities

In proposing this plan to address the ecosystem-level injuries caused by this spill, we considered both the potential environmental benefits and impacts. The plan does not identify specific projects for each restoration type, but lays out a framework for developing future project-specific restoration plans. The public will have the opportunity to comment on these subsequent restoration plans.

The Deepwater Horizon Oil Spill Draft Programmatic Damage Assessment and Restoration Plan and Draft Programmatic Environmental Impact Statement is available for public review and comment through December 4, 2015. We will hold eight public meetings where you will be able to provide comments on the draft plan and the proposed settlement with BP.

NORTH CAROLINA: Motion filed to overturn new regulations on longline fishing

September 14, 2015 (Saving Seafood) — Several fishing companies operating in the pelagic longline fishery have filed a motion in the Eastern District of North Carolina to overturn recent federal regulations aimed at reducing bycatch of Atlantic bluefin tuna.

The motion describes the regulations, part of Amendment 7 to the Highly Migratory Species (HMS) Fishery Management Plan, as posing “a distinct threat to the American fishing industry and coastal communities, while depriving American consumers of healthy fish stocks.” According to the filing, the government’s method of controlling bluefin bycatch–creating an individual bluefin quota for the pelagic longline fleet–will result in additional expenses, the inability to catch full allocations of other, abundant species like swordfish, and the possibility of reallocating of tuna quotas to foreign fleets if U.S. quotas are not met.

The motion concludes that, because NOAA failed “to properly consider the negative impact of the final Amendment 7 measures,” as well as those measures being in violation of the Magnuson-Stevens Act, Amendment 7 should be rejected as “arbitrary and capricious” by the court.

Read the full motion here

NOAA Announces Final Amendment 6 to Atlantic Highly Migratory Species FMP

August 17, 2015 — The following was released by the National Oceanic and Atmospheric Administration (NOAA): 

Effective August 18, 2015

Final Amendment 6 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) (Amendment 6) implements a range of management measures for the Atlantic commercial shark fisheries. 

Who is affected?

 Amendment 6 could affect:

  • Any commercial shark fisherman.
  • Any dealers who buy or sell sharks or shark products (information specific to dealers will be disseminated separately). 

What will it do?

The full range of alternatives considered can be found in the final environmental impact statement and/or final rule, which can be found at: http://www.nmfs.noaa.gov/sfa/hms/documents/fmp/am6/index.html

This action implements the following measures: 

  • Commercial Retention Limit: Increases the large coastal shark (LCS) retention limit for shark directed limited access permit holders to a maximum of 55 LCS other than sandbar sharks per trip with a default of 45 LCS other than sandbar sharks per trip; 
  • Adjusts the sandbar shark research fishery quota to 90.7 mt dw (199,943 lb dw).

NMFS may adjust the commercial retention limit and sandbar shark research fishery quota before the next fishing season or mid-season based on various factors including the fishing rates from the current or previous years.  

  • Atlantic Regional Quotas (Figure 1): 

-Establishes a management boundary in the Atlantic region along 34° 00′ N. latitude (approximately at Wilmington, North Carolina) for the small coastal shark (SCS) fishery; maintains the non-blacknose SCS quota linkage with the blacknose shark quota south of the 34° 00′ N. latitude; and prohibits the retention and landings of blacknose sharks north of the 34° 00′ N. Latitude.

-Establishes a non-blacknose SCS Total Allowable Catch (TAC) of 489.3 mt dw and increases the SCS commercial quota to 264.1 mt dw (582,333 lb dw).

Figure 1: Map depicting the modifications to the quota linkages for the non-blacknose SCS and blacknose quotas along the new management boundary in the Atlantic region

  • Gulf of Mexico Regional and Sub-Regional Quotas (Figure 2): 

-Splits the Gulf of Mexico regional commercial quotas for aggregated LCS, blacktip, and hammerhead sharks along 88° 00′ W. longitude;

-Establishes a non-blacknose SCS TAC of 999.0 mt dw and increases the non-blacknose SCS commercial quota to 112.6 mt dw (248,215 lb dw); and

-Prohibits the retention of blacknose sharks in the Gulf of Mexico.

Figure 2: Map depicting new Gulf of Mexico blacktip, aggregated LCS, and hammerhead shark sub-regions and sub-regional quotas

  • Commercial Vessel Upgrading Restrictions: Remove current upgrading restrictions for shark limited access permit holders.

The following fisheries will remain open or will re-open as a result of this action:

  • In the Atlantic Region:
    • The non-blacknose SCS fishery north of 34° 00′ N. Latitude will re-open with 63 percent (165.5 mt dw) of the 264.1 mt dw quota reminding.
    • The aggregated LCS (blacktip, bull, tiger, spinner, silky, nurse, and lemon) and hammerhead shark (scalloped, great, and smooth) fisheries have been open since July 1 and will remain open; the commercial retention limit for these fisheries will increase from 36 LCS other than sandbar sharks per trip to 45 LCS other than sandbar sharks per trip. 
  • In the Gulf of Mexico Region:
    • The non-blacknose SCS fishery will re-open with 59 percent (66.4 mt dw) of the 112.6 mt dw quota remaining.

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