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Press Releases, Meeting Summaries, and Motions from ASMFC’s 2024 Summer Meeting Now Available

August 9, 2024 — The following was released by the Atlantic States Marine Fisheries Commission:

Press releases, meeting summaries, and motions from the Commission’s 2024 Summer Meeting are now available at https://asmfc.org/files/2024SummerMeeting/2024SummerMeetingSummary.pdf. The document can also be found on the Commission website on the Meeting Archives page athttp://www.asmfc.org/home/meeting-archive.

 
Presentations and recordings from this week’s meetings will be posted to https://www.asmfc.org/home/2024-summer-meeting early next week.
 

New regulations on lobstering delayed amid pushback from Seacoast lobstermen

August 9, 2024 — New federal regulations on the lobstering industry are being delayed after months of pushback from local lobstermen.

The rules would increase the minimum acceptable size for lobsters that can be caught and require bigger escape vents to be added to traps.

Regulators with the Atlantic States Marine Fisheries Commission told News9 the goal of the new rules, laid out in policy called Addendum 27, are aimed at protecting the population of younger lobsters and allowing them to grow to a size where they can reproduce and be suitable for harvesting.

“We’re looking at those lobsters that are kind of forecasting that would be available to the fisheries next year,” said Caitlin Starks, Senior Fishery Management Plan Coordinator. Plan Coordinator.

The commission voted this week to delay the start of new rules from January to July.

Starks said the number of those younger lobsters have declined in research counts in recent years, triggering the new regulations.

However, local lobstermen have cast doubt on those studies and railed against the rules laid out in Addendum 27.

Read the full article at WMUR

River Herring Benchmark Stock Assessment Finds Populations Remain Depleted at a Coastwide Level Though Some Rivers Show Signs of Improvement

August 8, 2024 — The following was released by Atlantic States Marine Fisheries Commission:

The River Herring Benchmark Stock Assessment finds the coastwide populations of both alewife and blueback herring (collectively referred to as river herring) are depleted relative to historic levels, with the habitat model indicating that overall productivity of both species is lower than an unfished population before the occurrence of any habitat modifications (e.g., dams or human alterations to the environment). The depleted determination was used instead of overfished and overfishing because of the many factors that have contributed to the declining abundance of river herring, which include not just directed and incidental fishing, but also habitat loss, predation, and climate change.

 
In terms of recent trends, there is no clear signal for either species across the coast. Even within the genetic stock-regions, trends in abundance and mortality differed from river to river, with some rivers showing increasing trends and low mortality rates, and others showing flat or declining trends and total mortality rates above the reference point. Although very few significant trends overall were detected since the adoption ofAmendment 2 in 2009, the majority of indices of abundance for both alewife and blueback herring are likely to be higher now than they were in 2009. However, half of the blueback populations and 65% of the alewife populations have a high probability of being above the total mortality reference point, indicating total mortality on adult fish was too high. Total mortality is the removal of fish from a population due to both fishing and natural causes.
 
The northern New England region shows more positive trends and a higher probability of abundance in the most recent years being greater than in 2009. It is unclear why that is the case, especially as the more northern regions also have higher probabilities of being above the total mortality reference point. States in the northern New England region have conducted extensive habitat restoration and dam removal, but so have states further south, and they have not seen the same degree of positive trends in run counts and indices. In addition, states in the northern stock-region have also accounted for the majority of directed catch in recent years, while states in the Mid-New England, Southern New England, and Mid-Atlantic stock-
regions have closed their fisheries. Genetic analysis indicates most of the ocean bycatch around Cape Cod and Long Island Sound was of alewife from the Southern New England stock-region and blueback herring from the Mid-Atlantic stock-region, two areas that have had more negative trends in recent years despite habitat restoration efforts and directed fishery closures.
The assessment includes two proof-of-concept approaches to develop biologically-based caps on bycatch in ocean fisheries. The data-limited methods produced estimates of bycatch caps that were lower than the current coastwide bycatch estimates and lower than the current caps in the Atlantic herring and Atlantic mackerel fishery. However, more work needs to be done on the data-limited bycatch cap approach, including consulting with the Mid-Atlantic and New England Fishery Management Councils on risk levels and how to implement species-specific caps in fisheries where the bycatch monitoring includes American and hickory shad as well as river herring. The assessment also recommended exploring species distribution modeling to identify hot spots of river herring bycatch that could be avoided with time-area closures as an alternative or complement to in-season monitoring of river herring bycatch.
No management action was taken given the continued coastwide harvest moratorium for states without an approved Sustainable Fishery Management Plan, as required by Amendment 2. Additionally, the New England Fishery Management Council is early in the process of drafting Amendment 10 to the Atlantic Herring Fishery Management Plan, which is proposing the development of measures to reduce river herring bycatch in the federal fishery.
A more detailed description of the stock assessment results, as well as the Benchmark Stock Assessment and Peer Review Report will be available on the Commission website, www.asmfc.org, on the Shad & River Herring webpage. For more information, please contact James Boyle, Fishery Management Plan Coordinator, atjboyle@asmfc.org.
                                                                                                                        

ASMFC Coastal Pelagics Board Approves Atlantic Cobia Addendum II

August 8, 2024 — The following was released by the Atlantic States Marine Fisheries Commission:

The Commission’s Coastal Pelagics Management Board approved Addendum II to Amendment 1 to the Interstate Fishery Management Plan for Atlantic Cobia. The Addendum modifies the recreational allocation framework, allows the Board to update allocations quickly if the underlying data are revised, expands the range of data used in harvest evaluations, and allows the Board to set management measures for a longer period of time. Addendum II responds to increased cobia harvest in some Mid-Atlantic states in recent years, as well as concerns about high uncertainty associated with cobia recreational harvest estimates. All Addendum II measures are effective immediately, and will be used to set recreational measures for 2025 and beyond.

 
Addendum II changes both the geographic scope of the recreational allocation framework and the timeframe of data used as the basis for allocations. The Addendum changes the allocation framework from a state-by-state to a regional framework, with a northern region of Rhode Island through Virginia and a southern region of North Carolina through Georgia. The new regional allocation framework is intended to reduce uncertainty by using harvest estimates based on a larger sample size combining multiple states in a region, instead of individual state-level harvest estimates.
 
Each region is allocated part of the recreational quota based on each region’s percentage of the coastwide harvest in number of fish over the last ten years, combining 50% of 2014-2023 data and 50% of 2018-2023 data. Data from 2016 and 2017 are excluded due to fishery closures during those years, and data from 2020 are excluded due to COVID-19 impacts on recreational data collection. Using more recent data, as compared to previously using 2006-2015 data, accounts for changes in harvest and potential range expansion of the species in recent years. 
 
There is a possibility that the recreational harvest estimates could be revised in the future by NOAA Fisheries, which would affect the percent allocations for each region. If the harvest estimates are revised, Addendum II allows the Board to quickly update the percent allocations via Board vote to reflect the any revisions to the data used to establish the allocations.
 
Each region’s percent allocation is applied to the coastwide recreational quota (currently 76,908 fish) to determine the regional harvest targets in number of fish. When a region’s harvest is compared to its target, Addendum II specifies that a rolling average of up to five years of harvest data under the same management measures will be compared to the target, instead of limiting it to a three-year average. This allows for inclusion of two additional data years to account for the variability and uncertainty of cobia harvest estimates from year to year.
 
Finally, Addendum II allows the Board to set specifications (e.g., coastwide total harvest quota) via Board action for up to five years, which is a longer time period than the current three years. Setting management measures for a longer period of time is intended to align management action with the availability of new stock assessment information. 
 
Addendum II will be available in late August on the Commission website athttp://www.asmfc.org/species/cobia under Management Plans and FMP Reviews.
 
For more information, please contact Emilie Franke, Fishery Management Plan Coordinator, atefranke@asmfc.org or 703.842.0740.

Atlantic Sturgeon Stock Assessment Update Shows Signs of Improvement for Coastwide Population and Mixed Results at the Distinct Population Segment Level

August 8, 2024 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic Sturgeon Stock Assessment Update finds that while the coastwide population remains depleted relative to historic levels, the population has shown signs of improvement with a significant positive trend over the time series. Further, there is a high probability that abundance in 2022 was greater than abundance in 1998 at the start of the coastwide moratorium. Total mortality is low and has a low probability of exceeding its reference point. Depleted status is used instead of overfished because many factors (such as bycatch, habitat loss and ship strikes), not just directed historical fishing, have contributed to the continued low abundance of Atlantic sturgeon.

 
At the individual distinct population segment (DPS) level, results are mixed. Most indices showed either a positive trend or no significant trend over the time series. The average probability that the New York Bight and Carolina DPSs indices were greater than the reference year was high, meaning it was likely that abundance in 2022 was higher than it was at the start of the mortarium. For the Gulf of Maine, Chesapeake Bay, and South Atlantic DPSs, the average probability was lower – less than 50% for all three DPSs – meaning that it was unlikely that abundance in 2022 was greater than it was at the start of the moratorium. Total mortality estimates for each DPS were higher than for the full coastwide population and the probability of exceeding the reference point was higher, partly due to the smaller sample size and higher uncertainty in the tagging model at the DPS level than at the coastwide level. For the Gulf of Maine DPS there was a greater than 50% chance that total mortality exceeded the reference point, while there was a lower probability that total mortality exceeded the reference point for the other DPSs.
 
Atlantic sturgeon are a challenging species to assess because datasets for this species are limited. However, progress has been made on research recommendations addressing questions about genetics, life history, abundance, and sources of mortality, and work will continue to develop better datasets to support the next benchmark assessment in 2028.
 
No management action was taken given the continued coastwide harvest moratorium and protection under the federal Endangered Species Act. Additionally, efforts are being taken to reduce sturgeon bycatch in other directed fisheries. In April, the Mid-Atlantic and New England Fishery Management Councils recommended their preferred alternative to NOAA Fisheries to reduce sturgeon bycatch in the federal monkfish and spiny dogfish fisheries, and a final rule is expected by the end of 2024. The Commission’s Spiny Dogfish Management Board also initiated an addendum to develop options to maintain consistency with the federal action for state-permitted spiny dogfish harvesters in state waters, with the goal of reducing sturgeon bycatch.
A more detailed description of the stock assessment results can be found athttps://asmfc.org/uploads/file/66b398b9AtlanticSturgeonStockAssmtOverview_Aug2024.pdf. The Stock Assessment Update will be available on the Commission website, www.asmfc.org, on the Atlantic Sturgeon webpage next week. For more information, please contact James Boyle, Fishery Management Plan Coordinator, at jboyle@asmfc.org.

American Lobster Board Initiates Addendum to Postpone Implementation of Addendum XXVII Measures and Approves Addendum XXX

August 8, 2024 — The following was released by the Atlantic States Marine Fisheries Commission:

The Commission’s American Lobster Management Board initiated Draft Addendum XXXI to Amendment 3 to the Interstate Fishery Management Plan for American Lobster. The Draft Addendum will consider postponing the implementation of the measures from Addendum XXVII. The Board also approved Addendum XXX, which addresses how the measures of Addendum XXVII will apply to foreign imports of American lobster once implemented.

Draft Addendum XXXI considers postponing the implementation of management measures under Sections 3.1 and 3.2 of Addendum XXVII until July 1, 2025. Addendum XXVII was adopted in May 2023 and established a trigger mechanism to automatically implement management measures to provide additional protection of the Gulf of Maine/Georges Bank (GOM/GBK) spawning stock biomass. Changes to the current gauge and escape vent sizes in Lobster Conservation Management Areas (LCMAs) 1, 3, and Outer Cape Cod (OCC) were triggered based on observed changes in recruit abundance indices in October 2023 with the inclusion of 2022 survey data in the trigger index. The Board then extended the implementation date of the series of changes to gauge and vent size to begin January 1, 2025 to allow the Gulf of Maine states the opportunity to coordinate with Canada regarding possible trade implications, and give the industry and gauge makers additional time to prepare for these changes.
A meeting was held between US and Canadian lobster fishery managers and industry members in June 2024 to discuss the management structures and stock assessments of the two countries. Based on this meeting, the Board determined that postponing implementation of Addendum XXVII’s biological measures to July 1, 2025 would reduce negative impacts to the US and Canadian lobster industries in 2025 and allow Canada more time to consider implementing complementary management measures. Specifically, Draft Addendum XXXI will consider postponing the changes in minimum gauge size for LCMA 1 (inshore Gulf of Maine), and the measures under Section 3.1 of Addendum XXVII to create a common size limit for state-only and federal permit holders fishing in OCC to July 2025. The Draft Addendum will not consider postponing regulations prohibiting the issuance of 10% additional trap tags in Areas 1 and 3 above the trap limit or allocation. Draft Addendum XXXI will be released for public comment later this year. 
 
The Board also approved Addendum XXX, which clarifies the Commission’s intent for how the measures of Addendum XXVII will apply to foreign imports of American lobster once implemented. The Addendum recommends to NOAA Fisheries that the Mitchell Provision of the Magnuson-Stevens Act apply to foreign imports of whole live lobster, meaning the smallest minimum size for foreign imports would match the smallest minimum size in effect for the US industry. The current smallest LCMA minimum gauge size in effect is 3¼ inches, and when the LCMA 1 gauge size increases, this will change to 3 5/16 inches. Foreign imports smaller than the new minimum gauge size would be prohibited. These size restrictions do not apply to lobsters travelling in-bond through the US.
 
Addendum XXX will be available on the Commission website, www.asmfc.org, on American lobster webpage by next week. For more information, please contact Caitlin Starks, Senior Fishery Management Plan Coordinator, at cstarks@asmfc.org or 703.842.0740.

ASMFC vote to create workgroup to study Virginia’s menhaden fishery

August 8, 2024 — The saga of the future of Virginia’s menhaden reduction fishery on Chesapeake Bay continues to unfold as the Atlantic States Marine Fisheries Commission (ASMFC) Menhaden Management Board approved a motion on Tuesday Aug 6 that could lead to further regulations of the fishery.

The management board approved a motion to establish a “workgroup” to consider and evaluate “precautionary options” in the regulation of the state’s menhaden fishery.

This includes considering time and area closures of Virginia’s menhaden reduction fishery “to be protective of piscivorous birds and fish during critical points of their life cycle.”

The approval to create a workgroup came on the heels of a motion made by Maryland commissioner Lynn Fegley, who serves as director of Fishing and Boat Services at the Maryland Department of Natural Resources (DNR).

She introduced a motion to “initiate an Addendum (document) to the Atlantic Menhaden Interstate Management plan that would regulate menhaden purse net fishing of boats over 300 tons.” This was specifically directed at the Virginia owned Ocean Harvesters fleet out of Reedville, Va., the only menhaden reduction fishery fleet on the East Coast.

Fegley’s motion stated that the “document should include seasonal (fishing) closures of Chesapeake Bay waters (inside the COLREGs line)” but should not consider changes in the bay menhaden cap of 51,000 metric tons currently allowed from Virginia waters.

Read the full article at the National Fisherman

Lobster gauge increase delayed a second time

August 7, 2024 — The Atlantic States Marine Fisheries Commission (ASMFC) just voted to delay the planned gauge change to increase the minimum allowable catch size in Lobster Management Area 1 until July 1, 2025. The Commission also approved Addendum 30, which clarifies that lobsters imported from Canada under the U.S. minimum size would be banned.

The proposed gauge increase, known as Addendum 27, was a response to a 35 percent decline in juvenile lobsters. This proactive measure, initiated in 2017, was aimed at enhancing the resilience of lobster stock and was initially set to be implemented on June 1, 2024. However, following feedback from the Maine Department of Marine Resources Commissioners and others, a compromise was reached, resulting in a seven-month delay and a new implementation date of Jan. 1, 2025.

Read the full article at National Fisherman

U.S. Geological Survey Presentation Raises Questions About Osprey-Menhaden Link Allegations

August 6, 2024 — The following was released by the Menhaden Fisheries Coalition:

Today at the Atlantic States Marine Fisheries Commission (ASMFC) summer meeting, the Menhaden Management Board heard a presentation on osprey populations from U.S. Geological Survey (USGS) scientists; considered but did not agree to a motion to start an addendum on additional commercial menhaden fishing restrictions in the Chesapeake Bay; and ultimately agreed, as a compromise, to create a working group to “consider and evaluate options for further precautionary management of Chesapeake Bay menhaden fisheries.”

The Chesapeake Bay Foundation (CBF) has issued a stunningly deceptive press release, mischaracterizing the tone of today’s ASMFC meeting and the action taken there. The CBF release suggests that the material presented by USGS overwhelmingly indicated a problem with osprey in the Chesapeake Bay, and that there was overwhelming support by ASMFC commissioners for additional regulation of menhaden in the Chesapeake Bay. Neither is true. The Menhaden Fisheries Coalition is issuing this release, together with the full audio of the meeting, to clarify the record. The full audio is available here.

Dr. Barnett Rattner and David Ziolkowski of the U.S. Geological Survey gave a presentation on the health of osprey populations from coast to coast. Mr. Ziolkowski noted that “in North America in the 1950s and 60s, osprey population started declining rapidly due to the effects of volcanic chlorine, pesticides like DDT, and it’s estimated that the Chesapeake Bay probably lost about half or more of its population.”

However, Mr. Ziolkowski explained that after measures were taken, including banning DDT, between 1966 and 2022, the eastern population of osprey increased by about 300%, and the Atlantic Coast population increased by about 587%. In the Chesapeake Bay it’s increased by about 1800% since 1960. He continued, “…what these numbers bear out is that osprey have made an astounding recovery by all accounts. The numbers are now in excess of historical numbers and in part that’s because they’ve returned to a world that’s very different than the world was before they started declining. There’s more suitable nesting structures. Water may be cleaner, et cetera.”

Mr. Ziolkowski did note that during the period from 2012 to 2022, “something’s going on,” as there has been a leveling off in the growth of the osprey populations in the mid-Atlantic. But he explained, “Care must be used when you’re interpreting these kinds of results and to understand what I mean, it’s helpful to look at osprey trends across the country. So here I’ll point out three things that I hope you take notice of in these graphs. On the left-hand side here, for example, California and Washington, opposite coast, you can see that there’s something going on in the same time period as there is here in Maryland, Virginia.”

Dr. Barnett Rattner and David Ziolkowski of the U.S. Geological Survey present a slide to the Menhaden Management Board showing that the recent leveling-off in Maryland and Virginia osprey populations, after years of explosive growth, is a phenomenon also being seen in states across the nation, on both the East and West Coast.

During the Q&A following the presentation, Commissioner Patrick Geer of Virginia, Chief of Fisheries Management at the Virginia Marine Resources Commission, noted that “Dr. [Bryan] Watts has done a survey in Virginia, for a number of years, going back to I believe 1993, which has shown the double crested cormorant population has increased 1416% in 25 years and brown pelicans have been about 882%. Now those species that are primarily piscivores…they’re competing for the same food source…Maybe the [osprey] nests aren’t surviving, maybe they’re moving out and these two species are moving in? Is that possible?” To which Dr. Rattner replied “Yes, it’s possible, certainly.”

After the presentation by the USGS scientists, Commissioner Lynn Waller Fegley of Maryland, Director of Fishing and Boating Services at the Maryland Department of Natural Resources, made a motion to initiate an addendum to the Atlantic Menhaden Interstate Fishery Management Plan to consider Chesapeake Bay-specific management options for menhaden purse seine vessels larger than 300 gross tons in order to support the need of piscivorous birds and fish during critical points of their life cycle, and include options for seasonal closures of Chesapeake Bay waters, but not consider changes to the current Bay cap of 51,000 metric tons.

It became immediately apparent that the board was divided on this proposal.

The provision targeting purse seine vessels over 300 tons was obviously included to target the commercial menhaden reduction fishery, which in Virginia is operated by Ocean Harvesters and supplies menhaden to Reedville-based processer Omega Protein. This was questioned by Commissioner Proxy Eric Reid of Rhode Island, who asked if the motion wasn’t inherently flawed, since although there are carrier vessels over 300 tons, those vessels get their fish from pairs of small purse seine boats, meaning that the motion accomplished nothing. Mr. Reid’s conjecture was confirmed by a member of the delegation from Virginia.

Commissioner Proxy Nichola Meserve of Massachusetts, Fishery Policy Analyst at the Massachusetts Division of Marine Fisheries, raised concerns about “diving immediately into an addendum process,” noting that other addenda in the past began “with a work group, a board work group that discussed the issues and the concerns that developed potential strategies.

After much procedural wrangling, there were two votes to postpone action on the motion, one until the October meeting and another indefinitely. Both of those votes tied 9-9. When it became apparent that the motion to initiate an addendum had reached a stalemate, Commissioner Proxy Dr. Allison Colden, Chesapeake Bay Foundation Maryland Executive Director, offered a substitute motion “to establish a board work group to consider and evaluate options for further precautionary management of Chesapeake Bay menhaden fisheries, including time and area closures, to be protective of piscivorous birds and fish during critical points of their life cycle.

The board members accepted this compromise unanimously by acclamation, without a roll call, and the working group is expected to report the results of their discussion to the Menhaden Management Board at its October 2024 meeting.

“Those attending the ASMFC’s Menhaden Management Board meeting in person or listening online could only come away with one clear message from the respected researchers at USGS, and that is the osprey’s numbers have dramatically increased and any challenges that the seabirds face are complex and multi-faceted, occurring in numerous locations on both the Atlantic and Pacific coasts, and cannot be blamed on the menhaden harvest in the Chesapeake Bay,” stated Ben Landry, Vice President of Public Affairs for Ocean Fleet Services and spokesperson for Ocean Harvesters. “To state otherwise is wholly dishonest, but that is commonplace for the Chesapeake Bay Foundation and its decades-long history of false and hyperbolic statements on menhaden fisheries.”

The menhaden fishery has long been attacked by those who refuse to accept the science-based conclusions of respected government agencies and independent assessment bodies. However, it is important to remember that since 2020, after a three-year, peer-reviewed effort, with input from both industry and environmental conservation groups, menhaden has been managed using ecological reference points that account for menhaden’s role as a forage fish throughout its range.

When the ecological reference points were adopted, Chesapeake Bay Foundation President William C. Baker stated in a release: “This is a historic day for fisheries management. Menhaden have been called the most important fish in the sea for good reason. Menhaden are an essential part of the diet of numerous fish species including striped bass, along with dolphins, whales, osprey and other seabirds.”

In 2020, Chris Moore, Senior Regional Ecosystem Scientist for CBF, wrote in the Bay Journal, “Striped bass, of all the predators studied, were shown to be the most sensitive to changes in the menhaden population. Therefore, adopting ecological reference points that protect striped bass will also protect other predator species that rely less on menhaden.”

Additionally:

  • In 2022, the Atlantic States Marine Fisheries Commission concluded there was no evidence that menhaden were being overfished along the Atlantic coast.
  • The Marine Stewardship Council in 2019 certified the Atlantic menhaden fishery as sustainable.

About the Menhaden Fisheries Coalition
The Menhaden Fisheries Coalition (MFC) is a collective of menhaden fishermen, related businesses, and supporting industries. Comprised of businesses along the Atlantic and Gulf coasts, the Menhaden Fisheries Coalition conducts media and public outreach on behalf of the menhaden industry to ensure that members of the public, media, and government are informed of important issues, events, and facts about the fishery.

ASMFC 2024 Summer Meeting Final Supplemental Materials Now Available

August 3, 2024 — The following was released by the Atlantic States Marine Fisheries Commission:

Final supplemental materials for ASMFC’s 2024 Summer Meeting are now available athttps://www.asmfc.org/home/2024-summer-meeting as Supplemental 2 under the relevant committee/board meeting. They include:

Atlantic Menhaden Management Board – Public Comment

American Lobster Management Board – Public Comment

ISFMP Policy Board – WHOI LOC-NESS Project

As a reminder, the Commission’s Public Comment Guidelines are:

For issues that are not on the agenda, management boards will continue to provide an opportunity to the public to bring matters of concern to the board’s attention at the start of each board meeting. Board chairs will ask members of the public to raise their hands to let the chair know they would like to speak. Depending upon the number of commenters, the board chair will decide how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.

For topics that are on the agenda, but have not gone out for public comment, board chairs will provide limited opportunity for comment, taking into account the time allotted on the agenda for the topic. Chairs will have flexibility in deciding how to allocate comment opportunities; this could include hearing one comment in favor and one in opposition until the chair is satisfied further comment will not provide additional insight to the board.

For agenda action items that have already gone out for public comment, it is the Policy Board’s intent to end the occasional practice of allowing extensive and lengthy public comments. Currently, board chairs have the discretion to decide what public comment to allow in these circumstances.

 

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