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Oceana Loses Court Battle on Mid-Atlantic & New England Standardized Bycatch Reporting Methodology

August 28, 2017 — WASHINGTON — As part of its efforts to prevent overfishing, Congress has directed the National Marine Fisheries Service and regional councils to establish methodologies for collecting and reporting data on fish that are caught but subsequently discarded. Such discards are known as bycatch. In response to the congressional directive, the Northeast region adopted its Standardized Bycatch Reporting Methodology in 2015. Oceana, Inc., a nonprofit organization focused on protecting the oceans, filed suit, claiming that the adoption of this methodology violates the Magnuson-Stevens Act (MSA), the National Environmental Policy Act (NEPA), and the Administrative Procedure Act (APA).

In March 2015, the National Marine Fisheries Service approved a new version of the Standardized Bycatch Reporting Methodology, which is set forth in Standardized Bycatch Reporting Methodology: An Omnibus Amendment to the Fishery Management Plans of the Mid-Atlantic and New England Regional Fishery Management Councils, AR 6438-7511. NMFS then promulgated a final rule implementing the amendment in June 2015. United States District Judge Ellen Segal Huvelle has ruled that Oceana has not identified any feature of the 2015 SBRM that violates the MSA, APA, or NEPA.

The following is excerpted from an article published Friday by Courthouse News Service:

Federal regulators ducked a conservation-minded challenge Thursday concerning rules meant to minimize fishing bycatch.

The National Marine Fisheries Service adopted the rules in question two years ago, with approval from the D.C. Circuit.

Though the rules requires fishing vessels to occasionally have a biologist document the amount of fish caught and discarded, the group Oceana complained in a federal complaint that the infrequency of such observation undermines its efficacy as a serious check on fishing abuses.

U.S. District Judge Ellen Segal Huvelle sided with the agency Thursday at summary judgment, saying the issue comes down to how the Fisheries Service allocates its funding for NMFS, short for standardized bycatch reporting methodology.

“There is no funding trigger that needs to be adequately defined, nor a discretionary procedure for which the agency must set out an identifiable standard,” the ruling states. “Since there is no impermissibly vague funding trigger, the agency’s funding allocations to the SBRM are not reviewable.”

Read the full story at Courthouse News Service

NMFS Institutes More Swordfish Research Off Florida, Praised by EDF

August 16, 2017 — SEAFOOD NEWS — Dr. David Kerstetter of Nova Southeastern University will receive an exempted fishing permit (EFP) from the National Marine Fisheries Service (NMFS) to conduct research in the East Florida Coast Pelagic Longline Closed Area. Dr. Kerstetter will be working alongside Atlantic swordfish fishermen in an effort to “improve understanding of encounter rates of juvenile swordfish and species like sharks, bullfishes and sea turtles in order to find the best ways to reduce their mortality.”

According to Katie Westfall, senior manager of highly migratory species advocacy for EDF’s Oceans Program, fishermen have already made sacrifices to help the Atlantic swordfish population rebound. However, this project will help by collecting data from fisheries that “interact with imperiled highly migratory species.”

“The project will also pioneer an approach to link catch data with oceanographic data, allowing researchers to learn over time where and when species will occur in order to help fishermen avoid bycatch of sharks, billfishes, and sea turtles,” Westfall added. “This has the potential to be transformative by dramatically minimizing unnecessary deaths of protected species while improving the catch of healthy target species like swordfish.”

Westfall is hopeful that the research will help “pave the way to responsibly increasing yield in domestic fisheries and strengthening revenues for American seafood businesses.”

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

Stony Brook University Wins NOAA Research Grant

August 8, 2017 — Stony Brook University has received a nearly $170,000 grant from the National Oceanic and Atmospheric Administration to support marine science and fisheries research. The money will be used to improve management of protected species of fish and marine mammals within what is called the Northeast United States Large Marine Ecosystem.

The grant will support the use of state-of-the-art climate models to develop tools to assist the commercial fishing industry in reducing bycatch of marine mammals and fish in long-line and midwater trawl fisheries, according to a statement by Lesley Thorne, a Stony Brook University assistant professor. This, Dr. Thorne said, will increase the efficiency and profitability of marine resources.

Read the full story at the East Hampton Star

First MSA Reauthorization Hearing Acknowledged Successes, Identified Needed Changes

August 2, 2017 — SEAFOOD NEWS — At the first of a series of hearings on the Magnuson-Stevens Act held yesterday at the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, senators from both sides of the aisle voiced support for the regional management council system, NOAA Fisheries, and the science that supports fisheries management, despite the deep cuts proposed in the President’s budget.

“With regard to the budget, I think some of these cuts may not survive the [reauthorization] process,” said Chairman Dan Sullivan (R-AK). “I think we’re going to be adding a lot back to the projects that we think are vital.”

Sullivan was responding in part to a series of questions from Sen. Richard Blumenthal (D-CT) to Chris Oliver, Assistant Administrator for NOAA Fisheries, about the current administration’s proposed budget for the agency.

“My question concerns the budget submitted by the president of the United States. The budget slashes funding for programs like Sea Grant and the Milford Lab at the University of Connecticut [Northeast Fisheries Science Center],” Blumenthal said.

“These federal research efforts to help grow and expand certain aspects of aquaculture are very promising. As a representative of this administration, how can you justify these cuts to the agency that you are responsible for administering? Are you going to commit to me that you’re going to [find funding] for Sea Grant and the Milford Lab?”

Oliver responded, “Senator, I don’t know that I’m in a position to comment very extensively on the President’s budget. I do know that they’ve placed a revised emphasis on the Department of Defense and national security.”

Blumenthal: “I’m on the Armed Services Committee sir, and I very much support that emphasis … but this kind of slashing and trashing of programs that are essential to the kinds of programs you administer, that are vital to our economic future in aquaculture I consider a mockery of the mission of your agency. And if you’re not in a position to justify it, who would be?”

Oliver: “All I can say sir is we’re going to do our best to operate within the budget that we have, and I know that a lot of the programs that were slated to be cut involve cooperative agreements or past grants of funding through the Sea Grant program, for example, and grants to the coastal states. We’re going to do our best to make that up internally…”

Blumenthal: “Are you going to commit to me that you can make up those cuts to the Sea Grant program and the Milford Lab and the University of Connecticut that are essential to those programs?”

Oliver: “I can’t commit that we’re specifically going to be able to make those up from our baseline budget. I think that we’re facing some tough decisions too. I’ve said on many occasions that I feel that this agency may be in a position to refocus on some of its very core mission – science mission…”

Blumenthal: “You’d agree with me that those are valid and important programs?”

Oliver: “Of course sir, I really do.”

Blumenthal: “If you agree these programs are valid, then your agency has a responsibility to fight for them and to make sure they are fully funded.”

The exchange was toward the end of an otherwise non-confrontational hearing on the “long overdue” reauthorization of the MSA with Oliver and Dr. John Quinn, Chair of the New England Fisheries Management Council. Both men lauded the successes brought about by the original 1976 law and the amendments to it, most recently in 2007.

“As a group, we are strong believers in the Magnuson-Stevens Act – and not just because it established the Councils,” said Quinn, who spoke on behalf of the Council Coordination Committee (CCC), which is made up of the chairs, vice chairs, and executive directors of the eight Regional Fishery Management Councils.

“The outcome of our management success is clear: commercial, recreational, and subsistence fisheries are key contributors to our coastal communities and the nation’s economy. In large measure, this is because the Act structured a very successful approach to sustainable fisheries management. Central to the Act are the 10 National Standards that guide our management process.”

“Under the standards set in the Magnuson-Stevens Act the nation has made great strides in maintaining more stocks at biologically sustainable levels, ending overfishing, rebuilding overfished stocks, building a sustainable future for our fishing-dependent communities, and providing more domestic options for U.S. seafood consumers in a market dominated by imports,” echoed Oliver.

Both agreed, however, that changes should be made. Oliver noted in particular ways in which overall production could be increased, particularly in areas where catch limits have not been updated to changes in stock sizes.

“For example, while our West Coast groundfish fisheries have rebuilt several important stocks, in recent years fishermen are leaving a substantial amount of the available harvest of some groundfish species in the water, due to regulatory or bycatch species constraints. We must find ways to maximize allowable harvests that are still protective of non-target species in all of our fisheries,” explained Oliver.

Stakeholders in the West Coast groundfish fishery were enthusiastic about Oliver’s references to the plight of those working in the non-whiting trawl catch shares program. The program has realized far less than full utilization of the resource, with less than one-third of the available fish being harvested annually.

“We applaud Chris Oliver’s recent testimony to the Senate on the state of the West Coast IFQ non-whiting trawl fishery,” Pacific Seafood’s Mike Okoniewski said.

“Members of industry have been testifying for years that while the conservation benefits of the program have passed all expectations, but the economics are performing at abysmal levels,” Okoniewski said.

Oliver’s testimony drilled to the heart of the matter: if you cannot get the fish out of the water you cannot realize the economic benefits outlined in the program’s goals and objectives. Targets such as increasing economic benefits, providing full utilization of the trawl sector allocation, increasing operational flexibility and providing measurable economic and employment benefits throughout the processing and distribution chain have not been met for the non-whiting sector.

“Chris Oliver’s testimony is a huge step forward to reverse the present trajectory we are on. Again we thank him and look forward his leadership of NMFS. His focus on balance and economic output, as well as conservation and sustainability, is long overdue,” Okoniewski said.

“Much like Pacific groundfish (to quote AA Oliver), New England groundfish fishermen ‘are leaving a substantial amount of the available harvest of some groundfish species in the water, due to regulatory or bycatch species constraints’”, noted Maggie Raymond, Executive Director of Associated Fisheries of Maine.

Both Quinn and Oliver referenced a need for “flexibility”, Raymond observed.

“Quinn’s testimony is specific to a need for flexibility in rebuilding timelines.  But flexibility in rebuilding timelines is not necessarily the fix, at least not for New England,” she added.

“As long as an otherwise healthy mixed stock fishery remains constrained by a weak stock in the complex, the problem of leaving available harvest in the water cannot be addressed.  We look forward to working with AA Oliver to ‘find ways to maximize allowable harvests that are still protective of non-target species.’

“Let’s start with windowpane flounder. A species with no economic value that puts a significant burden on the NE groundfish and scallop fisheries,” said Raymond.

Oliver acknowledged his testimony from last year on no need for further flexibility on MSA. But, he said, “I’m in a new role now and as I look at the issue more broadly, I’d heard from constituents across the country, listened to the dialog about issues with the Act, and I’ve come to believe that there is a possibility that additional flexibilities should be considered, accountability measures that are used to enforced annual catch limits (ACLs), particularly in fisheries where we don’t have the robust and accurate accounting.

“Many of our recreational fisheries are of a nature that don’t lend themselves well to those monitoring methods.

“The administration has not taken positions on these specific issues,” Oliver said. “But in my personal view, in fisheries that don’t have robust systems of accountability, in particular the recreational fisheries that have different goals, there’s room for flexibility.”

Quinn agreed. “We’re here to reauthorize [the MSA], not repeal it. Data availability and stock assessment, particularly in the recreational side, I think we’ve got a lot of work to do. Data needs are really important. ACLs and AMs work for the commercial, not necessarily for the recreational fisheries.”

Senator Cory Booker (D-NJ) called the nation’s bycatch quantity “unacceptable” and asked Quinn for an assessment on catch shares.

“In some parts of the country, catch shares have worked,” Quinn responded. “In my part of the country, it hasn’t worked as well. But the CCC’s position is to keep catch shares as a part of our management tool box.”

Sullivan brought up the issue of electronic monitoring as a less expensive alternative to onboard observers and asked, “What can we do to help the councils use EM more efficiently?”

“Like catch shares, the authority for EM is in the Act now,” said Quinn, “but individual regions may have specific fisheries that may or may not use EM. There are a lot of pilot programs using EM now. Decisions should be made region by region.”

“I want to compliment you both on your emphasis on data and science,” Sullivan said in closing comments. “We’re going to back you up on that.”

The next hearing will be August 23, 2017 in Kenai, Alaska.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

ALASKA: Underwater camera keeps an eye on Atka mackerel

July 27, 2017 — Counting Atka mackerel became really important, according to National Marine Fisheries Service Biologist Suzanne McDermott, when Steller sea lions were declared endangered in 1997.

“We learned that Atka mackerel are their main food item,” McDermott said. “That’s when we really started looking at them in relation to Steller sea lions.”

McDermott knows the mammals face competition for their food — commercial fishermen. In 2016, Alaska fishermen caught and kept 55,000 metric tons of Atka mackerel and discarded another 532 tons as bycatch.

This summer, McDermott and her colleague David Bryan traversed the Aleutian Chain to answer a big question: are there enough fish to support both endangered Steller sea lions and commercial fishermen?

Read and listen to the full story at Alaska Public Media

How Using Light Could Help Reduce Bycatch

July 20, 2017 — British startup SafetyNet Technologies is using light to develop a potential new solution to one of the fishing industry’s biggest problems: bycatch. Bycatch—the fish, turtles, seabirds, dolphins, and other types of marine life that end up caught in fishing nets and then discarded—has both environmental and economic consequences. It damages marine ecosystems and adds cost to the fishing industry. According to Oceana, around 20 percent of the catch in United States fisheries is thought to be of unintended species. Worldwide, it could be as much as 40 percent.

SafetyNet recently developed PISCES, a light-emitting device that fits existing nets and helps fishermen target certain species. It is based on the theory that fish vary in their reactions to light, with different types of light attracting some species and repulsing others. It is designed to be flexible and comes in different shapes and sizes to accommodate a variety of equipment. PISCES is also programmable, allowing the user to choose specifications such as the type of light, its intensity, and the flash rate.

Other solutions for bycatch, such as turtle excluder devices or the Nordmore grate, tend to involve gear adapted to particular fishing environments. These devices either physically prevent certain non-target species from entering nets or allow them to easily escape. Unlike these solutions, PISCES does not focus on a specific species. Light has been shown to affect a range of fish and crustaceans, as well as turtles and birds, and the planned trials for PISCES are spread across diverse fishing environments.

SafetyNet conducted an initial trial of PISCES in 2016 in partnership with Young’s Seafood and Cefas. The tests were based in the North Sea and showed that light could reduce bycatch by up to 60 percent. Recent trials in shrimp by scientists with the Oregon Department of Fish and Wildlife have shown that light can reduce bycatch by as much as 90 percent.

Read the full story at Foodtank

International Seafood Sustainability Foundation Releases Behind-the-Scenes Video of Bycatch Mitigation Tests on Silky Sharks in Honor of Shark Awareness Day

Tuna fisheries conservation group shares dynamic footage of scientists testing  a method to save sharks incidentally caught in a tuna purse seine net

July 14, 2017 — WASHINGTON — The following was released by the International Seafood Sustainability Foundation: 

In honor of Shark Awareness Day 2017, the International Seafood Sustainability Foundation (ISSF) has released a new video that shows ISSF scientists testing a method to save sharks incidentally caught in a tuna purse seine net.  ISSF has a history of testing best practices for bycatch mitigation and sharing these findings through scientific reports, info-graphics and now video. The findings of this particular video were encouraging, with electronic tag data showing that 100 percent of tagged sharks survived past 21 days post-release. ISSF believes this could be a relatively simple way for fishers to prevent sharks from becoming entangled when they’re caught in nets, and to free them quickly without harm.

Watch the video here: https://www.youtube.com/watch?v=I02yHtnSrDE

Changes to Halibut Fishery in the Bering Sea Being Considered by North Pacific Council

June 16, 2017 — SEAFOOD NEWS — At their June meeting last week, the North Pacific Fisheries Management Council moved forward on a regulatory amendment to allow Western Alaska Community Development Quota (CDQ) groups to lease halibut IFQ during times of low abundance.

The issue has been before the council since December 2015; last week the 11-member panel selected a preferred alternative for further analysis.

Low relative abundance has been an issue throughout the range of Pacific halibut since 2010 or so when the phenomenon of lower size at age became widely discussed. That years-long event, marked by successive generations of halibut not reaching sizes they have in the past at advanced ages, appears to have leveled out in recent years.

Both Individual Fishing Quota (IFQ) and CDQ are issued in units which are converted to pounds, so the problem of lower pounds to fish, in a region defined by few processing plants and vast distances between fishing ports where product is processed and the markets that buy it, continues to affect residents of the Pribilofs and the Aleutian Islands.

In 2015, the issue reached a critical point when the International Pacific Halibut Commission’s (IPHC) stock assessment and harvest policy justified some half a million pounds of halibut in an area where over a million was required to run the plants and allow the fleet to go fishing.

The IPHC’s method for setting annual catch limits uses an equation that removes from the total biomass mortalities that are estimated by each country the year before, for example subsistence removals and bycatch removals.

In the Bering Sea, removals of halibut bycatch in the pursuit of flatfish and P-cod, amounted to 4.6 million pounds, nearly 14 percent of all halibut caught by the directed fishery in both countries that year. Catch limits went down from there in 2016. Additionally, most of the bycatch was smaller than 32-inches, which is the legal limit for the directed fishery.

In June 2015 the Council recognized the need to reduce bycatch in the Bering Sea and set goals for each fishing sector. The Amendment 80 fleet, targeting flatfish that inhabit the same sea floor as halibut, exceeded their reduction targets in the following years.

Any savings in the over 26-inch portion of the groundfish fleets’ halibut bycatch translates the following year as increased catch limits to the directed halibut fleet in the Bering Sea. Any savings of under 26-inch fish is taken into account by the IPHC’s annual stock assessments and improves the overall abundance of the species in that area and other areas affected by out-migration and recruitment to the biomass.

The action taken by the Council to allow CDQ groups to lease IFQ is seen as a stop-gap measure only in times of severely low abundance and until the Council completes their work on shifting the managment of halibut bycatch from a set Prohibited Species Catch (PSC) to an Abundance Based Management (ABM) scheme.

That effort continues at the Council with a step-wise process to establish first, indices that answer the question “Abundance of what?”, for instance just in the Bering Sea, or also the Aleutians or Gulf of Alaska, and a starting point that answers the question “Where do we begin measuring the ratio of what we’re catching with what is out there?”

Analyses will be done this summer for the Council’s consideration and further action at the October meeting.

This story originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission.

NOAA recommending $1.5 million for Maine

June 14, 2017 — The National Oceanic and Atmospheric Administration announced last week that it was recommending six Maine fisheries research projects for a total of $1.5 million in Saltonstall-Kennedy program grants.

In line for funding, but still subject to final approval, are grants to the following.

The Downeast Institute for Applied Marine Research and Education, $278,000 for demonstrating aquaculture technologies designed to increase the supply, quality and diversification of domestic seafood and field experiments with cultured arctic surf clams. Last Friday, the organization celebrated the groundbreaking of a $5.8 million expansion of its facilities on Beals Island.

The Gulf of Maine Research Institute, $288,888 to study the issue of “choke species” in a changing climate. Choke species are fish with very small landings quotas. Fishermen who haul them in as bycatch may be forced to stop fishing for other species.

The Atlantic Offshore Lobstermen’s Association, $141,092 to continue and expand the 2015 tagging effort studying lobster migration and growth on Georges Bank and in the Gulf of Maine.

The Bigelow Laboratory for Ocean Sciences, $298,932 to study the phytoremediation potential of farmed kelp in connection with shellfish aquaculture.

The University of Maine, $299,623 to evaluate the life history and stock structure of yellowfin tuna in the northwest Atlantic Ocean.

The University of Maine, $275,308 to assess the potential for the sustainability of fishing-dependent coastal Maine communities in the face of environmental and socioeconomic change.

Read the full story at the Mount Desert Islander

Success of Alaska Pollock Fishery is focus of SeaWeb Seafood Summit Panel

SEATTLE (Saving Seafood) — June 7, 2017 — The success of the industrial pollock fishery in the Eastern Bering Sea, which generally harvests in excess of one million metric tons each year, was the focus of a panel at the SeaWeb Seafood Summit on Tuesday. The panel, “Moving Beyond Fishery Certification: Using Collaboration, Technology and Innovation to Further Improve Sustainability” was moderated by Tim Fitzgerald of the Environmental Defense Fund. Panelists were Allen Kimball of Trident Seafoods, Richard Draves of American Seafoods, and Karl Bratvold of Starbound LLC. Trident Seafoods is a large, vertically integrated company, which processes Alaska pollock at shoreside facilities. Vessels owned by Starbound and American Seafoods harvest and process Alaska pollock at sea.

Panelists discussed the development of the Alaska pollock fishery: from before extended jurisdiction through the period of transition to a fully domestic fishery, to the years before rationalization when catcher-processors and catcher vessels competed in an Olympic-style race for fish, to the advent of an effective and efficient enterprise with the establishment of catch shares under the American Fisheries Act (AFA). Under the AFA, quota share is permanently allocated between the at sea and shoreside processing sectors, and among cooperatives (groups of fishing companies) within each sector. AFA provisions encourage cooperation and collaboration within and between sectors and cooperatives, which has brought about many improvements.

Examples of successful collaboration and cooperation include avoidance of salmon bycatch, which is facilitated by comprehensive observer coverage, daily electronic communication of catch and bycatch information that is shared across the fishery, and binding agreements that require vessels to relocate to avoid bycatch or suffer substantive financial penalties. Similarly, collaboration on development of selective gear, development of gear with reduced drag, and other shared innovations have been effective in reducing bycatch and greenhouse gas emissions, and increasing operating efficiency. All of the panelists highlighted their commitment to science-based management, their support for federal government science, and the extent to which they collectively fund scientific research. They also spoke about the importance and value associated with Marine Stewardship Council (MSC) certification.

Additionally, the panelists emphasized the extent to which rationalization through catch shares has improved the harvesting and processing processes, as well as increased safety and operational efficiency.

This session told the story of Alaska pollock and illustrated the benefits of a well crafted and well implemented catch share program, as well as MSC certification. Other fisheries can learn from this experience, but it’s important to note that this is not a “one size fits all” solution that is immediately applicable in all types and scales of fisheries.

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