Saving Seafood

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.

NEW JERSEY: Rep. LoBiondo Applauds Decision on Summer Flounder

July 13, 2017 — After months of fighting against proposed reductions on summer flounder harvest limits for New Jersey commercial and recreational fishermen, U.S. Representative Frank A. LoBiondo (NJ-02) applauded U.S. Commerce Secretary Wilbur Ross’ decision late last night to accept New Jersey’s management plan.

“Commerce Secretary Ross’ decision to adopt New Jersey’s conservation equivalency plan for summer flounder signals a win-win for our fishing industry and conservation efforts,” said LoBiondo. “For months I have argued that NOAA and ASMFC were flawed in their data and decision-making process, creating a significant and arbitrary disadvantage to New Jersey fishermen. Going forward we must reform the use of questionable methodologies and outdated science by federal bureaucrats that, left unchecked, will again threaten fishing operations in South Jersey. I will continue to work with my colleagues and Commerce Secretary Ross to protect the critical fishing industry in South Jersey as well as the summer flounder stocks.”

Earlier this month LoBiondo joined with fellow New Jersey Representative Chris Smith (NJ-04) and other members of the Congressional delegation to urge delaying 2017-2018 restrictions on New Jersey fishermen proposed by the Atlantic States Marine Fisheries Commission (ASMFC).

The letter requested Commerce Secretary Ross consider the management plan proposed by the state of New Jersey, and urged him to, “work administratively with the State of New Jersey to approve, implement and enforce New Jersey’s 2017 Summer Flounder regulations.” The full letter is available here.

Read the full story at the Cape May County Herald

NOAA Fisheries Greater Atlantic Regional Administrator Announces Retirement

July 12, 2017 — The following was released by NOAA:

NOAA Fisheries Greater Atlantic Regional Administrator John Bullard today formally announced he will retire on January 5, 2018. Bullard, who took the top job in the agency’s Gloucester-based office in 2012, will leave a legacy of improved relationships with the regulated community, the research community, environmentalists, local, state, and federal officials and agency partners, including the New England and the Mid-Atlantic fishery management councils and the Atlantic States Marine Fisheries Commission.

As the regional administrator responsible for leading the agency’s approach to fisheries, habitat, sea turtle, and marine mammal issues from Maine to North Carolina as well as the Great Lakes region, Bullard also provided a much-needed conduit helping the regulated communities understand the critical role of science in informing management decisions.

“As the former Mayor of New Bedford, Bullard brought with him a unique connection to the fishing industry, and used that connection to improve communication with all aspects of the industry and Congress during a very challenging period for the agency,” said Sam Rauch, NOAA Fisheries Deputy Assistant Administrator for Regulatory Programs.

As Regional Administrator, Bullard worked with the fishery management councils and the commission to manage 44 fish stocks, including two, scallops and lobster, worth more than $500 million each.

During his tenure, he faced the daunting New England groundfish crisis. Bullard met the challenge head on, making the tough and unpopular decision to impose emergency closures when the New England Council failed to act.

“I know how difficult these issues are, and I tried to tackle them with courage and compassion,” says Bullard.

Bullard worked with Congress and state directors to deliver $32.8 million in disaster assistance to affected fishing families and communities. In close collaboration with the New England Council, Bullard then put quotas and closures in place to protect cod and other depleted fish stocks.

“We wish John well,” said New England Council Executive Director Tom Nies. “He is always willing to work with the council to find management solutions and empowers those around him to actively participate in the process, which is one of his key accomplishments. That may go unnoticed by many, but it is one of the reasons our council has been able to complete so many management actions during his tenure.”

Bullard’s leadership in protecting living marine resources included removing approximately 30,000 miles of rope from Atlantic coastal waters to reduce whale entanglements and expanding critical habitat for North Atlantic right whales in the region by more than 25,000 nautical miles. He also oversaw development of a strategy to restore river herring populations, imposed catch caps on mackerel and herring fisheries, and removed dams and created fish passages to double fish runs in key Maine, New Hampshire, and Massachusetts rivers.

“For me, John is an example of public service and more importantly, an example of working with stakeholders to have a positive impact on tough issues,” said Dr. Jon Hare, science and research director at NOAA’s Northeast Fisheries Science Center. “I will miss working with him and am thankful for his time as regional administrator.”

Bullard strongly supported groundbreaking actions created to bolster the Mid-Atlantic region’s important recreational and commercial fisheries. In 2016, he approved the Mid-Atlantic Council’s deep-sea coral amendment that protects 15 deep-sea canyons and a total area of 24 million acres, about the size of Virginia, where fragile, slow-growing corals live. These hotspots of biodiversity provide important habitat, refuge, and prey for fish and other marine life. Bullard has also advanced an action to protect small schooling fish, also known as forage fish, which serve as prey for larger fish, marine mammals, and sea birds. This would be the first ever action on the Atlantic coast to designate forage fish as important parts of the ecosystem and provide protection for them.

“Throughout his tenure as regional administrator, John has been an engaged and dedicated participant in the council process, and he has played an important role in increasing focus on the Mid-Atlantic portion of the Greater Atlantic Region,” said Chris Moore, executive director of the Mid-Atlantic Fishery Management Council. “His insight and leadership have been especially valuable to the Mid-Atlantic Council during the development of several new initiatives such as the Deep Sea Corals Amendment, the Unmanaged Forage Fish Amendment, and the development of an ecosystem approach to fisheries management.”

Bullard also led the charge to modernize access and sharing of fishery dependent data in cooperation with the Northeast Fisheries Science Center, the fishing industry, the councils and the Atlantic Coastal Cooperative Statistics Program. He championed electronic monitoring pilot projects on fishing vessels with partners in the industry and environmental non-government organizations to increase coverage and improve the data on which our science is based.

“It’s been an honor and pleasure to work with John. He has been a strong supporter of state/federal cooperation in the management of our shared marine resources,” said Bob Beal, executive director of the Atlantic States Marine Fisheries Commission. “We are grateful for his contributions to sustainable management and wish him the very best.”

“I’m really proud of the work I’ve done with the GARFO team. They are intelligent, hard-working, and caring professionals, and I rely on them every day to make me smart on the many issues we face,” said Bullard, who has no plans to slow down before he leaves. “There is work left to do before I leave—very important work. Still on my list are the Omnibus Habitat Amendment, the New England Council’s Deep Sea Coral Amendment, some critical dam removals, electronic monitoring, the Carlos Rafael situation, the summer flounder crisis, and the continuing groundfish challenge, among others.”

However, once he does bid the agency goodbye, he plans to literally sail into the sunset, provided the weather is warm enough!

The agency will launch a search for Bullard’s replacement within the next several months.

Read the full release here

How Trump administration ended great New Jersey fish fight

July 11, 2017 — President Donald Trump’s administration sided with New Jersey Tuesday in a dispute over catch limits for summer flounder that threatened to shut down the entire fishing season.

Commerce Secretary Wilbur Ross approved the state’s Marine Fisheries Council proposal for 24 fewer fishing days but a smaller minimum size for fish, rather than the limits imposed by the Atlantic States Marine Fisheries Commission.

Rep. Chris Smith (R-4th Dist.) called Ross’s decision “great news for the state of New Jersey, our fishing community, our economy and all who visit the shore.”

Members of the state’s congressional delegation had opposed the more stringent limits of a 19-inch minimum, with a three fish limit per trip over a 128-day season.

At one point, the fisheries commission threatened to impose a moratorium on all fishing.

“The decision to not institute a fishing moratorium, and instead accept New Jersey’s more balanced and reasonable summer catch standards, will sustain New Jersey’s summer flounder industries while upholding conservation standards,” Smith said.

Read the full story at NJ.com

New Jersey’s fluke question will be answered next week

July 7, 2017 — New Jersey will get an answer to the question of whether the state is out of compliance with its 18-inch summer flounder regulation next week.

State officials from the Department of Environmental Protection were able to plead their case to NOAA Fisheries on a June 27 conference call.

“We were able to go into great detail about the data behind New Jersey’s management measures that will conserve more fish and reduce the number of larger breeding females removed from the fishery, and therefore provide stronger recruitment for the future,” said NJDEP Spokesperson Bob Considine.

Biologists with the DEP’s Division of Fish and Wildlife have provided NOAA information demonstrating that an 18-inch size limit would result in far fewer discard mortalities than the 19-inch limit, which was the regulation adopted by the Atlantic States Marine Fisheries Commission on Feb. 2, in order to reduce the coastwide catch of summer flounder by 30 percent.

NJ adopted its own summer flounder rules in May. In June the ASMFC made a recommendation to the U.S. Secretary of Commerce to find New Jersey out of compliance with those rules.

Toni Kerns, the ASMFC’s director of the interstate fisheries management plan, said the ruling is expected on or about July 12.

Read the full story at the Asbury Park Press