Saving Seafood

Lawsuit challenges fishing methods that could threaten right whales

April 27, 2018 — BOSTON — A noted environmental activist has gone to court to stop the use of vertical buoy fishing lines in Massachusetts waters to protect critically endangered North Atlantic right whales.

In a lawsuit filed in late February in U.S. District Court in Boston, Cambridge-based conservationist Richard Maximus Strahan names the administrator of the National Oceanic and Atmospheric Administration, the assistant administrator of the National Marine Fisheries Service, the secretary of the Massachusetts Executive Office of Energy and Environmental Affairs, the director of the state Division of Marine Fisheries, the commissioners of the Atlantic States Marine Fisheries Commission and the Massachusetts Lobstermen’s Association, as a representative of its 1,800 members.

The lawsuit is the third filed in federal court this year related to protecting North Atlantic right whales.

Strahan is seeking a preliminary injunction to stop lobstermen’s association members from further lobster pot and gill net commercial fishing operations that could result in the entanglement of any endangered whale or sea turtle, according to the amended complaint. In that same order, Strahan seeks to stop government defendants from licensing those types of commercial fisheries operations unless they can scientifically demonstrate that endangered whales and sea turtles would not be killed or injured.

Read the full story at the Cape Cod Times

 

ASMFC 2018 Spring Meeting Supplemental Materials Now Available

April 26, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

Supplemental materials for the Atlantic States Marine Fisheries Commission’s Spring Meeting are now available at http://www.asmfc.org/home/2018-spring-meeting for the following Boards/Sections (click on “Supplemental” following each relevant committee header to access the information). For ease of access, supplemental meeting materials have combined into one PDF – http://www.asmfc.org/files/Meetings/2018SpringMeeting/SupplementalMaterialsCombined.pdf. NOTE: The Shad and River Herring Management Board, previously scheduled for May 1st (11:15 a.m. – Noon), has been cancelled. The Tautog Management Board will be meeting in its place (same date and time). The Tautog Board’s materials can be accessed through the Board link and is also in the combined supplemental materials file.

Summer Flounder, Scup and Black Sea Bass Board jointly with the Mid-Atlantic Fishery Management Council –  Revised Draft Agenda and Meeting Overview; Summer Flounder Commercial Issues Amendment Draft Public Hearing Document; Draft Amendment to the FMP for Summer Flounder, Scup, and Black Sea Bass for Public Comment; Black Sea Bass Management Reform Initiative 

Bluefish Management Board jointly with the Mid-Atlantic Fishery Management Council – Draft Agenda

Tautog Management Board – Draft Agenda & Meeting Overview; Draft Proceedings from October 2017; Connecticut 2018 Commercial Measures

Atlantic Herring Section – Technical Committee Task List & Update on River Herring/Shad Catch Caps, Accountability Measures in the Mackerel Fishery, and Potential Impacts on Atlantic Herring

Northern Shrimp Section – Technical Committee Task List

Executive Committee –  Draft Meeting Summary from February 2018

American Lobster Management Board – Technical Committee Task List & Public Comment

Winter Flounder Management Board – Technical Committee Task List; Technical Committee Report on Proposed Aggregate Weekly Limits in the Commercial SNE/MA Fishery; Law Enforcement Committee Guidelines on the Enforceability of Fishery Management Measures

South Atlantic State/Federal Fisheries Management Board – NOAA Southeast Regional Office Correspondence to ASMFC

As a reminder, Board meeting proceedings will be broadcast daily via webinar beginning April  30th at 10 a.m. and continuing daily until the conclusion of the meeting (expected to be 2:15 p.m.) on Thursday, May 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/1945339924799258370 to register.

 

Black Sea Bass — The New “War Between the States”

April 9, 2018 — On April 9, 1865, General Robert E. Lee surrendered to General Ulysses S. Grant at the Appomattox Court House in Virginia, signifying the end of the U.S. Civil War.

One hundred and fifty-three years to the day, north and south are set to do battle yet again, this time over sea bass.

From April 30 through May 3, the Atlantic States Marine Fisheries Commission (ASFMC) will hold its 2018 spring meeting in Arlington, VA, a city that was once the dividing line between Confederates to the South and the Union Army to the north during the bloodiest war in U.S. history.

Sometime during the first week in May, the ASFMC policy board will address an appeal by Massachusetts, Rhode Island, Connecticut and New York, over the disparity in coastwide black sea bass regulations with New Jersey, Delaware, Maryland, Virginia and North Carolina. Late last week, a panel convened by ASMFC officially validated the northern appeal to allow their fight against the southern states to move forward during the first few days of May in Arlington.

Earlier this year, ASFMC’s Summer Flounder, Scup and Black Sea Bass Management Board approved Addendum XXX to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan establishing a regional allocation of the coastwide Recreational Harvest Limit (RHL) of black sea bass. The final 6-4 vote across geographic lines separating north and south established three management regions for black sea bass; Massachusetts through New York (61.35% of the RHL), New Jersey as its own state-specific region (30.24% of the RHL), and Delaware through North Carolina (8.41% of the RHL). States within each region are collectively responsible for managing harvest to their regional allocation through cooperative measures.

When ASMFC members were considering their decision during their winter meeting in February, states from Delaware through North Carolina didn’t want New Jersey included in their southern region. On the other hand, northern states were already facing an 11% reduction in black sea bass landings for 2018, where New Jersey alone was expected to get hit with a significantly higher 20% reduction. Though New Jersey historically has the most participation in the black sea bass fishery and qualified for the highest RHL percentage coastwide, delegates from New York through Massachusetts viewed the 20% reduction as a potential liability, so they didn’t want New Jersey part of their northern region either.

Read the full story at The Fisherman

 

New Jersey council sets summer flounder, black sea bass regulations

April 9, 2018 — The New Jersey Marine Fisheries Council met Thursday and set summer flounder and black sea bass regulations in front of an overflow crowd at the Bay Avenue Community Center in Stafford Township.

Although black sea bass regulations were set, they may change after the upcoming Atlantic States Marine Fisheries Council meeting April 30 to May 3, said Bob Rush, a council member and owner of the Starfish fleet out of Sea Isle City.

That’s where states unhappy with their reduced quota — such as New York, Massachusetts, Connecticut and Rhode Island — will make their case that New Jersey should share some of its increased quota with them.

Unlike last year, when flounder regulations were controversial, this year it was sea bass regulations that generated more discussion, Rush said.

Rush said limits on flounder size are the same as last year’s, over which the council fought and won against ASMFC.

But other rules are more liberal this year.

“We are actually getting extra fish and days at sea,” said Rush. “Last year the season ended the beginning of September. This year we are getting an extra week or two out of it.”

But black sea bass rules remain uncertain, said NJMFC acting Chairman Dick Herb, captain of charter boats out of Avalon.

Read the full story at the Press of Atlantic City

 

In wake of menhaden quota increase, some states rejoice as others push back

April 9, 2018 — Changes to the menhaden quota allocation on the East Coast of the U.S.A. have been met by support from some states, while others are pushing back.

The Atlantic States Marine Fisheries Commission (ASMFC) decided in November 2017 to increase the menhaden catch limit from 200,000 metric tons to 216,000 metric tons for the 2018 and 2019 seasons. Menhaden typically are utilized for the high amount of omega-3 fats they contain, and their oils are used dietary supplements, animal feed, lipstick, and many other products. The fish also serves as bait for a number of commercial fisheries along the coast, particularly in the crab and lobster industries.

While the overall quota was increased, it was also redistributed. Some states, like Maine, saw their quotas jump enormously.

“Maine’s quota jumped to 2.4 million pounds (1 million kilograms) – 13 times the quota available in 2016 and 2017,” said Jeff Nichols, director of communications for the Maine Department of Marine Resources. “The number of harvesters that reported landings associated with Maine’s total allowable catch (TAC) in 2017 is too few to report because of confidentiality provisions in law. However, 17 vessels participated in the episodic event fishery and 13 in the incidental catch fishery, both of which are triggered once the TAC is met.”

An episodic event was triggered last year in Maine, allowing fishermen to catch far more than the typical quota. The Interstate Fishery Management Plan for menhaden allows the Atlantic Menhaden Management board to set aside one percent of the total allowable catch for “episodic events.”

“Episodic events are defined as any instance when a qualified state has reached its individual state quota, prior to 1 September, and has information indicating the presence of unusually large amounts of menhaden in its state waters,” said Max Appelman, fishery management plan coordinator for the ASMFC.

Read the full story at Seafood Source

 

ASMFC: Atlantic Herring Area 1A Days Out Meeting Scheduled for April 25

April 6, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

Atlantic Herring Section members from the states of Maine, New Hampshire and the Commonwealth of Massachusetts will meet on April 25, 2018, to discuss ‘days out’ measures for the 2018 Trimester 2 Area 1A fishing season which occurs from June 1 to September 30. ‘Days out’ measures can include specification of the number of consecutive landings days, weekly landings limits, and restrictions on at-sea transfers. This meeting will take place at the Portland Public Library (Room #5), 5 Monument Square, Portland, ME 04101. The Library opens at 10:00 a.m. and the meeting will start promptly at 10:15 a.m.

Federally permitted Herring Category A vessels must declare into the Area 1A fishery at least 45 days prior to the start of the fishing season. Small-mesh bottom trawl vessels with a federal Herring Category C or D permit must declare into the Area 1A fishery by June 1, 2018. States will send additional correspondence regarding the notification procedure. 

The 2018 Area 1A allowable catch limit is 31,962 metric tons after adjusting for a carryover from 2016. The Section sets the seasonal split as 72.8% allocated from June 1 – September 30 and 27.2% allocated from October 1 – December 31. Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per day harvested from Area 1A until June 1, 2018.

2018 Atlantic Herring Fishing Season Sub-ACLs, NMFS Final Rule: https://www.greateratlantic.fisheries.noaa.gov/nr/2018/February/18her2018specsphl.html

The draft agenda can be found at: http://www.asmfc.org/files/Meetings/AtlHerringDaysOut_April2018.pdf. Please contact Megan Ware, Fishery Management Plan Coordinator, at 703.842.0740 or mware@asmfc.orgfor more information.

 

New York Lawmakers Go To Bat Over Fisheries Cutbacks

April 5, 2018 — The federal government is proposing a 12 percent reduction for the recreational black sea bass fishery in 2018,  despite the fact that scientists say the black sea bass fishery has been rebuilt to two-and-a-half times what regulators consider to be sustainable, and New York State is fighting back.

State Senator Ken LaValle and State Assemblyman Fred Thiele agree with DEC Commissioner Basil Seggos that “non-compliance is a legitimate remedy” for this cutback, stating that “this action discriminates against the State of New York. It would have a significant adverse effect on the Long Island economy” in a joint statement issued Monday.

“This has not been an isolated case of discrimination against New York State,” they added. “Unfortunately, this is part of a long history of federal action that has strangled the fishing industry in New York to the benefit of other states. DEC advocacy for our fishing industry is long overdue.”

New York, Massachusetts, Rhode Island and Connecticut filed an appeal with the Atlantic States Marine Fisheries Commission over the catch reduction on March 16, and Mr. Seggos expects an answer by late April or early May. He has told the press he plans to litigate the matter if the state does not win the appeal.

“The State of New York should utilize every legal and administrative tool at its disposal to overturn this ill-considered federal proposal,” said Mr. Thiele and Mr. LaValle. “New York should not be at a disadvantage with other states on the East Coast. Again and again, we have seen politics replace science to the detriment of New York State fishermen, whether they are recreational anglers, charter boat captains, or commercial fishermen. When the federal government is arbitrary and capricious, the state must say “no.”

In late March, New York Governor Andrew Cuomo and Attorney General Eric Schneiderman announced they had filed an appeal over commercial summer flounder (fluke) quotas set by the Mid-Atlantic Fishery Management Council of the National Marine Fisheries Service, and were also looking into taking action on New York’s quotas on black sea bass and bluefish.

For 2018, New York commercial fishing daily trip limits for fluke were set at 50 pounds. New York commercial fishermen are allowed to take just 7.6 percent of the fluke allocated among the mid-Atlantic states. These tight restrictions, compounded by monthly limits aimed at keeping the landings in check throughout the year, led to a closure of commercial fluke fishing here last fall.

Read the full story at the East End Beacon

 

ASMFC February/March issue of Fisheries Focus Now Available

April 3, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

The February/March 2018 issue of Fisheries Focus is now available at http://www.asmfc.org/uploads/file//5ac2a81dFishFocusFebMarch2018.pdf.

Inside this issue:

Upcoming Meetings

page 2

From the Executive Director’s Desk

Adapting Fisheries Management to Changes in Species Abundance and Distribution Resulting from Climate Change

page 3

Species Profile

Cobia

page 4

Comings & Goings 

page 7

2017 Annual Report Now Available

page 7

Fishery Management Actions 

American Lobster & Jonah Crab

page 8

Science Highlight

Cooperative Research Seeks to Fill In Data Gaps to Support Fisheries Science and Management Efforts

page 9

Proposed Management Action

American Eel

page 11

ACCSP

ACCSP Announces FY2018 Funding Awards

page 11

On the Legislative Front

page 12 

Past issues of Fisheries Focus can be found at http://www.asmfc.org/search/%20/%20/Fishery-Focus.

 

New York: Long Island outrage over reduced black sea bass limit reduction

March 30, 2018 — On Tuesday evening, the New York State DEC held a meeting to discuss regulatory options for the 2018 black sea bass season that must conform to federal guidelines.

All of the proposals called for a 12 percent reduction in harvest from last year. The reduction comes despite the sea bass population standing an astonishing 240 percent above the federal target biomass for the species. The percentage comes from a cooperative effort between the states and federal authorities.

The DEC’s Division of Marine Resources director, Jim Gilmore, started the meeting by saying he has heard the outrage of anglers, for-hire captains and industry stakeholders, and agrees something must be done.

He announced that New York has joined the other states in the black sea bass northern regulatory zone — Connecticut, Rhode Island and Massachusetts — in appealing a decision by the Atlantic States Marine Fisheries Commission (ASMFC) that allowed the five states in the southern sector, plus New Jersey, to liberalize their sea bass regulations while the northern states must reduce. New Jersey is a stand-alone region in terms of sea bass management.

If the appeal is successful, New York should get 6 percent added to its harvest allocation — but that would still be a 6 percent reduction from 2017. As sea bass stocks have swelled, New York has taken a catch reduction in six of the past seven years.

The response from the standing room only crowd of more than 200 was swift and overwhelming.

“No reduction is acceptable!” said Capt. Joe Tangle, skipper of the Center Moriches charter vessel King Cod. “In my entire lifetime sea bass have never been this numerous but we keep getting cuts. It’s ridiculous.”

Capt. Jamie Quaresimo, who along with Tangle suggested New York go out of compliance (ignore federally mandated regulations, which could result in closure of both the recreational and commercial sea bass seasons,) said after the meeting that sea bass are so thick at Montauk he has to find areas to avoid catching them while fluke fishing.

Read the full story at Newsday

 

MAFMC: NOAA Fisheries Seeks Comments on Modified Scope of Summer Flounder Amendment

March 29, 2018 — The following was released by the Mid-Atlantic Fishery Management Council:

NOAA Fisheries has released a supplemental notice of intent (NOI) seeking public comments on the Mid-Atlantic Fishery Management Council’s proposal to modify the scope of issues addressed in the amendment formerly referred to as the “Comprehensive Summer Amendment.”

The Council and the Atlantic States Marine Fisheries Commission (Commission) originally initiated the amendment with the objective of performing a comprehensive review of all aspects of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) related to summer flounder, including commercial and recreational management strategies. To avoid delaying the amendment while waiting for updated recreational information, the Council and Commission are now proposing to limit the scope of this action to focus on FMP goals and objectives and commercial management issues. This action will now be referred to as the “Summer Flounder Commercial Issues Amendment.” Following completion of this amendment, the Council and Commission may then develop at least one future action relating to recreational fishery issues and commercial/recreational allocation to incorporate updated recreational fishery data when it becomes available later this year.

The purpose of this comment opportunity is to allow the public to comment on the Council and Commission’s decision to modify the scope of the amendment. The Council and Commission are continuing to analyze a previously approved range of alternatives and developing a draft amendment document for public review. The public will have future opportunities to comment on the amendment during a formal public hearing process.

Additional details and instructions for submitting comments are available in the notice published in the Federal Register.

To stay informed about this issue, sign up for our email list at http://www.mafmc.org/email-list and select “General Council News” or “Summer Flounder, Scup, and Black Sea Bass News.”

For additional information about the Summer Flounder Commercial Issues Amendment, go to http://www.mafmc.org/actions/summer-flounder-amendment.