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Legal Proceedings Preserve Fishing Industry Rights as New York Wind Energy Lease Sale Proceeds

December 15, 2016 — The following was released by the Fisheries Survival Fund:

Last week, a group of fisheries organizations, communities and businesses filed suit against the Bureau of Ocean Energy Management (BOEM), seeking a temporary restraining order to delay today’s auction of leasing rights to the proposed New York Wind Energy Area. The suit also sought a preliminary injunction to prevent BOEM from executing any resulting wind energy lease.

The plaintiffs allege that BOEM did not adequately consider the effect on the region’s fishermen of a 127-square-mile wind farm off the coast of New York and New Jersey.

Subsequently, a scheduling agreement was reached between the parties that allows the court to take adequate time to deliberate carefully on the case’s important issues. The plaintiffs agreed to withdraw their motion for a temporary restraining order that would have delayed the scheduled auction. Although the auction is proceeding today, under BOEM’s final sale notice for the auction, the lease will not be final until further steps, as outlined in the sale notice, are completed.

On Monday, Judge Tanya Chutkan of the United States District Court for the District of Columbia set a court schedule on the plaintiffs’ motion to preliminarily enjoin BOEM’s execution of any lease resulting from today’s auction. The schedule concludes with a hearing in Federal court on February 8.

Under Judge Chutkan’s order, if the lease is ready to be executed before the court is able to rule on the plaintiffs’ preliminary injunction motion, BOEM must provide the court no less than 14 days notice. If that notice is provided, the preliminary injunction proceedings will be expedited.

The Fisheries Survival Fund, representing the majority of the U.S. Atlantic scallop industry, is the lead plaintiff in the case. The lease area includes documented scallop and squid fishing grounds, which serve as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder. It is also an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

Other organizations joining as plaintiffs include the Garden State Seafood Association and the Fishermen’s Dock Co-Operative in New Jersey; the Long Island Commercial Fishing Association in New York; and the Narragansett Chamber of Commerce and Rhode Island Fishermen’s Alliance.

Joining as plaintiffs are the City of New Bedford, Mass.; the Borough of Barnegat Light, N.J.; and the Town of Narragansett, R.I.

Also joining are three fishing businesses: SeaFreeze Shoreside, Sea Fresh USA and The Town Dock.

Marine Scientist Follows Hot Fish as They Move to Cooler Waters

November 30, 2016 — Warming oceans have fish on the move, and one man is in hot pursuit.

That man, Rutgers University marine biologist Malin Pinsky, has tracked fish species all over North American waters to learn where they’re headed in search of cooler conditions.

Recently, he’s seen lobsters nearly disappear from Long Island Sound, driven out by disease and a series of warm summers. The delicacies are thriving in the cooler Gulf of Maine, but that may be temporary: Water temperatures there are rising faster than anywhere else in the North Atlantic. Pinsky has also observed Black sea bass, traditionally plentiful off Virginia, start to relocate to the Gulf of Maine and the waters off the New Jersey coast. And out west, Pacific halibut and arrowtooth flounder in the eastern Bering Sea off Alaska have shifted north toward the Arctic.

“It’s not one species in one place or a few species in a limited area,” Pinsky says of the moving populations. “It’s actually hundreds of species in North America shifting toward cooler waters, and that’s significant.”

The changes pose major questions for fishermen and fishery managers. As species move, will fishermen relocate their businesses to follow? How do fishery managers set rules when fish have moved to new areas where they may be more susceptible to overfishing? And will species such as lionfish, which are invasive in the Atlantic Ocean and thrive in warm Southern waters, suddenly appear in force farther north along the Atlantic coast? Even more confounding is the effect of temperature changes on species such as corals that have difficulty relocating to a more suitable place.

Read the full story at National Geographic

ASMFC Considers Alternatives for Summer Flounder Management

November 3, 2016 — BAR HARBOR, Maine — The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Management Board initiated development of Draft Addendum XXVIII to the Summer Flounder Fishery Management Plan (FMP) to consider alternative management approaches, including regional options, for the 2017 recreational summer flounder fishery. The Draft Addendum will have options which are designed to achieve the 2017 recreational harvest limit (RHL).

Changes in summer flounder distribution, abundance and availability created problems under the static state-by-state allocations, with overages often occurring. In response, states would implement regulations to reduce harvest, resulting in differing regulations between neighboring states. In 2014, the Board shifted away from traditional state-by-state allocations to a regional approach for managing summer flounder recreational fisheries. A benefit of the regional approach is it provides the states the flexibility to temporarily share allocations. The intent is to set regulations that account for shifting distribution, abundance and availability while providing stability and greater regulatory consistency among neighboring states as well as individual states in achieving but not exceeding the coastwide RHL.

In August, the Board and Mid-Atlantic Fishery Management Council (Council) approved a 30% reduction in the 2017 coastwide RHL relative to 2016. This was in response the 2016 Stock Assessment Update which found fishing mortality was higher in recent years and population estimates were lower than previously projected.

Read the full story at The Fishing Wire

Mid-Atlantic Council to Hold Hearings on New Jersey Special Management Zones

October 31, 2016 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council will hold three public hearings in November 2016 to gather public comments on a request by the State of New Jersey to designate 13 of its artificial reef sites located in federal waters as Special Management Zones (SMZ). The hearings will be held November 15-17, 2016. Written comments will be accepted until Friday, November 25, 2016, 11:59 p.m. EST.

Background

In November 2015, the New Jersey Department of Environmental Protection (DEP) petitioned the Mid-Atlantic Council to designate 13 artificial reef sites as SMZs under provisions of Amendment 9 to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan. The petition was based on the need to reduce gear conflicts between hook and line fishermen and fixed pot/trap gear at those sites. The SMZ designation could prohibit the use of any gear except hook and line and spear fishing (including the taking of fish by hand) within the 13 potential SMZ sites. The Council’s SMZ Monitoring Team (MT) evaluated the NJDEP request and recommended that the Council designate all 13 artificial reef sites as SMZs. The MT analysis indicated that commercial fishing vessels deploying pot/trap gear off the coast of New Jersey would likely face minimal to no losses in ex-vessel revenue if the artificial reefs are designated as SMZs. The Council is scheduled to review public comments and make a decision relative to NJ SMZ designation at its December 2016 meeting in Annapolis, MD.

Public Hearing Schedule

The dates and locations of the public hearings are as follows:

  • Tuesday November 15, 2016, 7:00-9:30 p.m., Kingsborough Community College, 2001 Oriental Blvd., Brooklyn NY 11235, Room M239 of the Marina and Academic Center (The Lighthouse).
  • Wednesday November 16, 2016, 7:00-10:00 p.m., Clarion Hotel & Conference Center, 815 Route 37 West, Toms River, NJ 08755.
  • Thursday November 17, 2016, 7:00-10:00 p.m., Congress Hall, 200 Congress Place, Cape May, NJ 08204.

These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, 302-526-5251, at least 5 days prior to the meeting date.

Written Comments

Written comments will be accepted until Friday, November 25, 2016, 11:59 p.m. and may be sent by any of the following methods:

  • Mail to Dr. Chris Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800 North State Street, Suite 201, Dover, DE, 19901 (include “NJ SMZ Request” on envelope);
  • Fax to Dr. Chris Moore, Executive Director, Mid-Atlantic Fishery Management Council at fax number 302-674-5399 (include “NJ SMZ Request” in the subject line); or
  • Email to Rich Seagraves at rseagraves@mafmc.org (include “NJ SMZ Request” in the subject line).

Contact

For more information, contact Rich Seagraves, Senior Scientist, at rseagraves@mafmc.org.

 

ASMFC Summer Flounder Board Initiates Draft Addendum for Alternative Management Options for 2017 Recreational Fishery

October 27, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

BAR HARBOR, Maine — The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Management Board initiated development of Draft Addendum XXVIII to the Summer Flounder Fishery Management Plan (FMP) to consider alternative management approaches, including regional options, for the 2017 recreational summer flounder fishery. The Draft Addendum will have options which are designed to achieve the 2017 recreational harvest limit (RHL).

Changes in summer flounder distribution, abundance and availability created problems under the static state-by-state allocations, with overages often occurring. In response, states would implement regulations to reduce harvest, resulting in differing regulations between neighboring states. In 2014, the Board shifted away from traditional state-by-state allocations to a regional approach for managing summer flounder recreational fisheries.  A benefit of the regional approach is it provides the states the flexibility to temporarily share allocations. The intent is to set regulations that account for shifting distribution, abundance and availability while providing stability and greater regulatory consistency among neighboring states as well as individual states in achieving but not exceeding the coastwide RHL.

In August, the Board and Mid-Atlantic Fishery Management Council (Council) approved a 30% reduction in the 2017 coastwide RHL relative to 2016. This was in response the 2016 Stock Assessment Update which found fishing mortality was higher in recent years and population estimates were lower than previously projected.

The Draft Addendum will be presented to the Board for its consideration and approval for public comment at its joint meeting with the Council in December in Baltimore, Maryland. At that meeting, the Board and Council will also consider extending ad-hoc regional approaches for 2017 black sea bass and scup recreational management in state waters. The Board and Council are scheduled to review the Black Sea Bass Stock Assessment Report and Peer Review Report and consider possible management responses at their joint meeting in February 2017 in Kitty Hawk, North Carolina.

NEW JERSEY/DELAWARE BLACK SEA BASS REOPENS SATURDAY

October 18th, 2016 — This Saturday, October 22, the New Jersey and Delaware black sea bass fishery will officially reopen for the rest of 2016. For wreck fishermen in both states, the bag limit increases to 15 fish bag through December 31, with the minimum size of 12-1/2 inches in Delaware and 13 inches in New Jersey.

By all accounts, this should be a banner opener for the fishery as inshore waters have been loaded with smaller black sea bass on the move eastbound, with local wrecks and reefs practically blanketed by the tasty, hard-fighting fish.

“Sea bass are a menace on the reefs but that should be taken care of starting this Saturday,” noted Alex from the Reel Seat in this week’s report for The Fisherman Magazine’s Central Jersey report, explaining that folks dropping clam for the porgies on the Axel Carlson and Sea Girt spreads as well as the inshore lumps and wrecks.

“Can’t wait for Saturday,” added Capt. Joe Bogan of the Jamaica II who said getting jigs down to monster bluefish has even been tough because of the sea bass numbers of late. “Giant sea bass were slamming the jigs meant for the blues,” Bogan said.

Read the full story at The Fisherman 

New Effort Underway To Study Black Sea Bass In Southern New England

September 21, 2016 — The Commercial Fisheries Research Foundation is kicking off a new project to collect data on black sea bass, a species that has moved north in search of cooler water.

Catch limits for black sea bass in New England are a small compared to the Mid-Atlantic states, where the fish are typically found, according to Anna Malek Mercer, the foundation’s executive director. That means New England fishermen are throwing back very large quantities of black sea bass, she said. And it’s a highly valuable species.

“So this will fetch at the dock between $4 and $7 a pound,” said Malek Mercer. “It’s super important in that way. Really could begin to fill some of this economic void caused by the downturns in things like ground fish and southern New England lobsters. ”

The project will enlist Rhode Island fishermen to collect data on black sea bass.

“So we’ll have eight fishing vessels of a variety of gear types to collect biological data from their catch, as well as bycatch, of black sea bass so that we can begin to assess the characterization of the catch,” including size and sex, said Malek Mercer.

She said black sea bass are an interesting study because they’re born as females then switch to males. Malek Mercer said understanding their biology will help improve managing the species and she hopes that will eventually lead to updated catch limits for New England fishermen.

Read the full story at RI NPR

Above the waves, Connecticut fishermen struggle to hang on

August 30, 2016 — STONINGTON, Conn. — Gambardella Wholesale Fish on the docks here is all but empty on an early afternoon, eerily quiet save for the rhythmic clack, clack of cardboard boxes being stapled together.

“We used to start at seven in the morning,” said Mike Gambardella, whose grandfather started the family’s original fish market more than a century ago. “And when we used to have the whiting boats coming in here, sometimes we wouldn’t get out of here ‘til two o’clock in the morning. Now if I open one day a week, I’ll be happy.”

The problem isn’t the fish. There are plenty of fish – but they’re the wrong fish.

Warming water and other shifting ocean conditions, probably caused by climate change and its cascading impact on the entire marine ecosystem, have pushed the longtime mainstays of Connecticut fishing, like winter flounder and most notably lobster, north to deeper and colder waters.

In their places are species that had been more common further south, also moving north in search of more hospitable conditions. But the way the fish management and quota systems work on the East Coast, fishermen in New England can’t catch many of those fish.

Instead, trawlers from North Carolina are traveling all the way to the ocean waters in Connecticut’s backyard and catching what used to be off their own coast – summer flounder, scup and the very valuable black sea bass – while Connecticut fishermen can only watch; throwback tons of fish – most of which will die; or risk a costly, difficult and long trip to where the fish they are allowed to catch in larger numbers are now.

The situation has resulted in an emotional dispute over how the U.S. fishing system operates, with Connecticut fishermen and politicians calling, if not downright begging, for immediate changes to fish allocations to save the state’s fishing industry from what many believe is its inevitable ruin. But others in the scientific and environmental communities are saying – maybe not so fast.

Read the full story at the Connecticut Mirror

CFRF Black Sea Bass Research Fleet

August 24, 2016 — The following was released by the Commercial Fisheries Research Foundation:

On September 1st., the Commercial Fisheries Research Foundation (CFRF), in partnership with the Rhode Island Department of Environmental Management (RI DEM), will launch a one-year pilot project to develop a cost-effective method to collect critically needed fishery dependent data on black sea bass (Centropristis striata) in the Southern New England and Mid-Atlantic Bight region. The project will be approached collaboratively by a team of commercial and recreational fishermen and fisheries scientists and managers, and will involve eight months of black sea bass catch and discard characterization from Cape Cod to Cape Hatteras. The Black Sea Bass Research Fleet will involve eight fishing vessels from a variety of gear types, including trawl, lobster/crab trap, gillnet, and hook and line, in collecting biological black sea bass data as part of routine fishing practices. Participant fishermen will use a specialized tablet app to efficiently and accurately record biological information about black sea bass catch and bycatch throughout the year. The results from the proposed project will help to fill existing data gaps for the northern Atlantic black sea bass, which is an essential first step in developing a management plan that reflects the current state of the black sea bass resource.

The CFRF will be soliciting applications from fishing vessels based in Rhode Island to participate in the Black Sea Bass Research Fleet in September 2016. More information about the project, including application materials, will be available on the CFRF website here.

The CFRF looks forward to getting the Black Sea Bass Research Fleet up and running!

Mid-Atlantic Council and ASMFC Maintain Multi-Year Specifications for Black Sea Bass, Bluefish, and Scup and Modify Summer Flounder Specifications

August 15, 2016 — The following was released by NOAA:

Virginia Beach, VA – Last week the Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission) reviewed previously implemented specifications for scup, black sea bass and bluefish fisheries and modified specifications for summer flounder. The Commission’s actions are final and apply to state waters. The Council will forward its federal waters recommendations regarding summer flounder specifications to NOAA Fisheries Greater Atlantic Regional Fisheries Administrator for final approval.

The table below summarizes commercial quotas and recreational harvest limits for summer flounder, scup, black sea bass, and bluefish (2016 values are provided for comparison purposes). Please note specifications for years 2017 and beyond may be adjusted based on changes in the fishery or new scientific information.

image003

For summer flounder, both groups approved a commercial quota of 5.66 million pounds and a recreational harvest limit of 3.77 million pounds for 2017, an approximate 30% decrease from 2016. This decrease in catch and landings limits responds to the findings of the 2016 stock assessment update, which indicates summer flounder has been experiencing overfishing since 2008. In 2015, fishing mortality exceeded its threshold by 26% (i.e., the level beyond which overfishing is occurring). The 2015 estimate of spawning stock biomass (SSB) is at 58% of the biomass target, and only 16% above the threshold. If the stock were to fall below the threshold, it would be considered overfished, requiring the development of a rebuilding plan to reduce fishing mortality and rebuild stock biomass. These results appear to be driven largely by below-average recruitment, an underestimation of the fishing mortality level in the last years of the assessment, and declining biomass indices. The assessment update indicates the stock experienced six below-average year classes from 2010 to 2015. Additionally, indices of abundance from state and federal surveys have indicated declines in abundance ranging from 9 to 97% from their most recent peaks (generally 2009 to 2012). The 2016 assessment update estimated biomass has been trending down since 2010. Summer flounder harvest limits for 2018 may be adjusted in the future based on changes in the fishery or new scientific information.

Scup and Black Sea Bass

For scup and black sea bass, the Commission and Council maintained the previously implemented multi-year specifications set in August and October 2015, respectively. The decline in harvest limits for scup since 2016 is due to a decrease in SSB as projected by the 2015 benchmark stock assessment.

For black sea bass, 2017 harvest limits remain unchanged relative to 2016 levels (in 2016, there was a reduction in the commercial quota due to overages in the previous year). Both the commercial quota and recreational harvest limit may be changed pending the results of next benchmark stock assessment, scheduled for peer review through the Northeast Regional Stock Assessment Workshop/Stock Assessment Review Committee in late 2016. The Commission and Council will consider the results of the benchmark stock assessment in early 2017.

Bluefish

For the bluefish fishery, the final 2016 commercial quota is 4.88 million pounds and the recreational harvest limit is 11.58 million pounds. The final 2016 harvest limits include a 1.58 million pound transfer from the recreational sector to the commercial sector. The Commission and Council did not make any changes to the 2017 and 2018 specifications. The 2017 and 2018 commercial quotas and recreational harvest limits are preliminary and will likely change following release of 2016 and 2017 final Marine Recreational Information Program harvest estimates. These estimates can impact how much is transferred from the recreational sector to the commercial sector.

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