Saving Seafood

New rules to help southern New England lobsters up for vote

July 31, 2017 — NEW BEDFORD, Mass. — A plan to try to slow the decline of southern New England’s lobster population with new fishing restrictions is up for a potential final vote this week.

The population of lobsters off Connecticut, Rhode Island and southern Massachusetts has plummeted in recent years. The regulatory Atlantic States Marine Fisheries Commission is considering a host of new restrictions about lobster fishing at a meeting on Tuesday.

Proposed management tools have included changes to legal harvesting size, reductions to the number of traps and seasonal closures to fishing areas.

Read the full story from the Associated Press at Boston.com

Forage Fish Should Be Managed on a Case-by-Case Basis: Menhaden Science Committee

Findings by ASMFC BERP Workgroup align with recent forage fish research by Hilborn et al.

WASHINGTON – July 31, 2017 – The following was released by the Menhaden Fisheries Coalition. Saving Seafood previously covered Hilborn et al., which found that previous forage fish research may have overestimated the impact of forage fishing on their predators. Saving Seafood also produced a video about the study, which can be found here:

Earlier this year, a team of scientists led by Dr. Ray Hilborn found, among other conclusions, that forage fish are best managed on a case-by-case basis that accounts for their unique environmental roles. In a memo earlier this month, an inter-state scientific review committee tasked with incorporating the ecological role of menhaden into management determined that this conclusion aligns with their own findings.

The Atlantic States Marine Fisheries Commission’s (ASMFC) Biological and Ecological Reference Points (BERP) Workgroup, which is leading development of ecosystem-based fisheries management for Atlantic menhaden, reviewed the Hilborn et al. paper earlier this summer. It concluded that the paper’s recommendation of using stock-specific models to evaluate ecosystem needs were similar to models being developed by the workgroup.

“The [workgroup] is currently developing a suite of intermediate complexity menhaden-specific models that align with the general recommendations from both Dr. Hilborn and the 2015 Stock Assessment Peer Review Panel,” said the July 14 memo, Review of Hilborn et al. 2017.[1] “The [workgroup] anticipates that these models will be ready for peer review in 2019.”

The Hilborn et al. study, published in April in Fisheries Research, found that there were several variables in forage fish species that make imprecise, one-size-fits-all management approaches difficult. Most importantly, there seems to be little correlation between the number of predator species in the water and the number of forage fish, making it nearly impossible to determine a catch level that is appropriate for forage fish as a whole. Other variables include the natural variability of forage fish, which is different from species to species, and relative locations of predators and forage species.

“We suggest that any evaluation of harvest policies for forage fish needs to include these issues, and that models tailored for individual species and ecosystems are needed to guide fisheries management policy,” the paper finds.

The ASMFC will consider the work of the BERP, including its review of Dr. Hilborn’s paper, at its upcoming 2017 summer meeting, to be held from August 1-3 in Alexandria, Virginia.

[1] ASMFC Biological Ecological Reference Points Workgroup, “Memorandum: Review of Hilborn et al. 2017,” July 14, 2017

Change in Area 1A Trimester 2 Effort Controls and Meeting Notice

July 27, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts revised the effort control measures for the 2017 Area 1A Trimester 2 (June 1 – September 30) fishery. The revised measures are underlined and become effective Sunday, July 30, 2017.

Days Out of the Fishery

  • Vessels with a herring Category A permit that have declared into the Trimester 2 Area 1A fishery may land herring five (5) consecutive days a week. One landing per 24 hour period. Vessels are prohibited from landing or possessing herring caught from Area 1A during a day out of the fishery.
    • Landing days in New Hampshire and Massachusetts begin on Monday of each week at 12:01 a.m.
    • Landings days in Maine begin on Sunday of each week at 6:00 p.m.
  • Small mesh bottom trawl vessels with a herring Category C or D permit that have declared into the Trimester 2 fishery may land herring seven (7) consecutive days a week.
 Weekly Landing Limit
  • Vessels with a herring Category A permit may harvest up to 680,000 lbs (17 trucks) per harvester vessel, per week.
  • 120,000 lbs out of the 680,000 lb weekly limit can be transferred to a carrier vessel (see below).
 At-Sea Transfer and Carrier Restrictions
The following applies to harvester vessels with a herring Category A permit and carrier vessels landing herring caught in Area 1A to a Maine, New Hampshire or Massachusetts port.
  • A harvester vessel can transfer herring at-sea to another catcher vessel.
  • A harvester vessel is limited to making at-sea transfers to only one carrier vessel per week.
  • Carrier vessels are limited to receiving at-sea transfers from one catcher vessel per week and can land once per 24 hour period. A carrier vessel may land up to 120,000 lbs (3 trucks) per week.  The carrier limit of 3 trucks is not in addition to the harvester weekly landing limit.
  • Carrier vessel: a vessel with no gear on board capable of catching or processing fish. Harvester vessel: a vessel that is required to report the catch it has aboard as the harvesting vessel on the Federal Vessel Trip Report.

The initial Area 1A sub-annual catch limit (ACL) is 31,115 metric tons (mt) after adjusting for a carryover from 2015 and the research set-aside. The Section allocated 72.8% of the sub-ACL to Trimester 2 and 27.2% to Trimester 3. After incorporating the 295 mt fixed gear set-aside and the 8% buffer (Area 1A closes at 92% of the sub-ACL) the seasonal quotas are 20,625 mt for Trimester 2 and 7,706 mt for Trimester 3.

These effort controls are projected to extend the Trimester 2 fishery through mid-September. Landings will be monitored closely and the fishery will be adjusted to zero landing days when the trimester’s quota is projected to be reached.

The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort on:

  • Wednesday, August 9 at 10:00 AM

Please noted the new passcode for the next call: To join the calls, please dial 888.394.8197 and enter passcode 499811 as prompted.

Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip from Area 1A on no landing days. Please contact Toni Kerns at tkerns@asmfc.org or 703.842.0740 for more information.

Trump administration steps in on fishing limits, and the implications could ripple

July 25, 2017 — [Commerce Secretary Wilbur] Ross earlier this month dismissed the findings of the 75-year-old Atlantic States Marine Fisheries Commission, which concluded that New Jersey was violating a conservation plan for summer flounder that all the other states in the compact approved. Many conservationists thought that New Jersey, while following protocols, was bowing to the fishing industry.

The decision, which effectively allows New Jersey to harvest more summer flounder, marked the first time the federal government had disregarded such a recommendation by the commission, and it drew a swift rebuke from state officials along the East Coast.

Officials in New Jersey, which has one of the region’s largest fluke populations, had drafted an alternative plan that they said would do more to protect the fishery, but it was rejected by the commission, whose scientists concluded the plan would result in nearly 94,000 additional fish being caught. Ross, who oversees the National Oceanic and Atmospheric Administration, overruled the commission, allowing New Jersey to proceed.

“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,” Chris Oliver, assistant administrator of fisheries at NOAA, wrote the commission in a letter on behalf of Ross.

“This is the first time that no one asked me for a formal recommendation,” said John Bullard, NOAA’s Greater Atlantic regional administrator. “The secretary’s decision goes against long-standing protocol, and there’s a cost to that.”  He added: “There’s a reason to have regional administrators, because their experience and knowledge is valuable in making decisions like this one. This is an unfortunate precedent.”

“Ross was brilliant in his decision,” said Jim Donofrio, executive director of the Recreational Fishing Alliance in New Jersey, which represents thousands of recreational fishermen across the country. “The Trump administration has challenged a broken fishery management system in this country, and I applaud them for doing it.”

Read the full story at the Boston Globe

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.