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NOAA Fisheries Announces Proposed Rules for Northeast Skate Fishery

June 6, 2016 — The following was released by NOAA Fisheries Greater Atlantic Region:

Today, NOAA Fisheries proposes, and opens for public comments, new management measures for the northeast skate fishery.

These were developed through Framework Adjustment 3 to the Northeast Skate Complex Fishery Management Plan at the recommendation of the New England Fishery Management Council.

The proposed measures are:

  • New quotas for the skate wing (8,372 mt) and bait (4,218 mt) fisheries for the 2016 and 2017.
  • All skate trip limits are proposed to remain unchanged from current levels.
  • Splitting the skate wing fishery quota into two seasons (May through August and September through April) to allow the directed fishery to be temporarily closed in-season if the seasonal quota is reached.

Read the proposed rule as filed in the Federal Register.

The comment period is open until 5pm on June 21.

Please submit your comments online or by mailing them to:

John Bullard, Regional Administrator
NOAA Fisheries Greater Atlantic Region
55 Great Republic Drive
Gloucester, MA 01930

Please mark the outside of the envelope “Comments on Northeast Skate Fishery Proposed Rule.”

NOAA Fisheries Announces New Regulations for Snapper- Grouper in the South Atlantic

May 23, 2016 — The following was released by the South Atlantic Fishery Management Council:

The final rule for Amendment 35 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 35) published on May 23, 2016 (81 FR 32249). Regulations will be effective June 22, 2016.

The final rule will:

  • Remove dog snapper, black snapper, mahogany snapper, and schoolmaster from the Snapper-Grouper Fishery Management Plan. These species have extremely low landings, and regulations governing their harvest differ in state and federal waters. The State of Florida has indicated that it will extend state regulations for Florida registered vessels for these species into federal waters if they are removed from the Snapper-Grouper Fishery Management Plan, thereby creating a more consistent regulatory environment.
  • Revise regulations for the use of golden tilefish longline endorsements. Specifically, this final rule will clarify that vessels that have valid or renewable golden tilefish longline endorsements, anytime during the golden tilefish fishing year, are not eligible to fish for golden tilefish under the hook-and-line quota. This rule will ensure that fishery participants holding longline endorsements are not allowed to fish under both the hook-and-line quota and the longline quota within the same fishing year. The South Atlantic Fishery Management Council reaffirmed that this was their intent when it implemented the longline endorsement program for golden tilefish under Amendment 18B to the Snapper-Grouper Fishery Management Plan (78 FR 23858, April 23, 2013).

NEFMC April/May Newsletter

May 6, 2016 — The Council Report summarizes major actions approved at NEFMC meetings or highlights items of interest.

At its April 19-21 meeting in Mystic CT, the Council approved actions related to the development of its fishery management plans. The issues involved:

  • Development of a Deep Sea Coral Amendment
  • Atlantic Herring Amendment 8
  • The Industry-Funded Monitoring Amendment
  • Sea Scallops and the NGOM Area
  • EBFM
  • Spiny Dogfish
  • At-Sea Monitoring
  • Small Mesh Multispecies

Read the full newsletter as a PDF

Cook Inlet Salmon is a Prime Example of a Fishery Magnuson Has Not Been Able to Help

April 20, 2016 — SEAFOOD NEWS — The Magnuson Act 40 Years Later – Promises not kept for all fisheries

The Magnuson-Stevens Fishery Conservation and Management Act turned 40 last week and Federal and State fishery managers marked that event with an opinion piece (ADN, April 12) extolling the successes of the Magnuson-Stevens Act and its implementation in Alaska as a “global model of sustainability.”  As the authors point out, the Magnuson-Stevens Act sets up a “transparent governing process” intended to ensure that “science is behind every fishery management decision” in Alaska.  Indeed, the Magnuson-Stevens Act sets up national standards ensuring that all fisheries are managed to achieve “optimum yield from each fishery” with management decisions “based on the best scientific information available,” and guided by carefully considered fishery management plans.

We can all find common ground in recognizing the benefits associated with management under the Act, as well as many of the successes of the North Pacific Fishery Management Council (the Council) and NOAA Fisheries in ensuring the long-term stewardship of Alaska’s fisheries.

The problem is that many important fisheries have been left out of the fold of the Magnuson-Stevens Act.  The Cook Inlet salmon fishery is a prime example.  Every year, some 10 to 30 million salmon pass through Federal waters in Cook Inlet, in route to their native streams.  These are some of the largest wild salmon runs in the world, and they go largely unharvested.

But the North Pacific Fishery Management Council and NOAA Fisheries plainly don’t want anything to do with Cook Inlet salmon fisheries, despite their obligation under federal law.  The Council never took an active role in managing the fishery, and in 2012, with approval from NOAA Fisheries, removed Cook Inlet from the Council’s Fishery Management Plan, despite the objections of the commercial fishing industry.

The result is that the benefits of Magnuson-Stevens Act have never come to pass in Cook Inlet.  Cook Inlet does not get the benefit of “drawing on NOAA’s environmental intelligence to improve stock assessments and assess the impact of climate change on fish population.”  Cook Inlet does not get to draw upon the Magnuson-Stevens Act’s “transparent governing process” or the robust “public-private management process founded under MSA.”  Cook Inlet does not get to draw on the Magnuson-Stevens Act’s promises of optimum yield for each fishery, or the promise that “science is behind every fishery management decision” in Alaska.

Instead, Cook Inlet is left with the Board of Fisheries.  Regardless of whether you believe those who claim the Board of Fish “isn’t broken” (ADN commentary March 16, 2016) or others who believe it certainly is broken (ADN commentary March 30, 2016), no one can reasonably argue that the Board of Fish process can match the transparency of the Council, or claim that “science is behind every fishery management decision” made by the Board of Fish.

There should not be any real doubt, of course, why the Council doesn’t want to deal with salmon management in Cook Inlet.  The resource disputes between user groups are contentious and longstanding.  But the need for the scientific rigor and transparency that the Council can provide has never been greater.  The Board of Fish has made no real effort to find solutions to managing Cook Inlet salmon fisheries in light of poor returns of some stocks, the identification of several “stocks of concern,” impacts from invasive species, and growing habitat problems from both urbanization and climate change.  The result in recent years has been sport and commercial fishery closures and restrictions, the loss of millions of un-harvested salmon, the loss of tens of millions of dollars to the regional economy and the loss of millions of dollars to the State treasury.

All Cook Inlet salmon fisheries would plainly benefit from coordinating the State’s long-standing salmon management experience with the Council’s transparent, science-based process.  This is precisely what the Magnuson-Stevens Act contemplates.  Hopefully, the sport and commercial fishermen and the coastal communities in Cook Inlet won’t have to wait another 40 years for the promises of the Magnuson-Stevens Act to be fulfilled.

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

23% harvest reduction approved for recreational black sea bass fishery

February 10, 2016 — Last week a board of the Atlantic States Marine Fisheries Commission approved Addendum XXVII to the Summer Flounder and Black Sea Bass Fishery Management Plan, which continues the use of regional management for the two species in the 2016 recreational season.

Summer flounder (fluke) regulations will likely be the same in Rhode Island (eight fish per person, per day), however, the board approved a 23-percent harvest reduction for the recreational black sea bass fishery. This will result in more conservative regulations for Rhode Islanders.

At a public workshop Tuesday night, the Marine Fisheries Division of the Department of Environmental Management shared six black sea bass regulation options. All six can be found by clicking “Workshop Presentation” in the Marine Fisheries Division’s Feb. 16 public hearing meeting notice at www.dem.ri.gov.

One option in particular has drawn the attention of both private anglers and the charter/party boat industry. This would allow private anglers to take three fish from July 20 through Dec. 31, while party and charter boats who apply for and receive a “Letter of Authorization” would be allowed seven fish from Sept. 1 through Dec. 31.

Comments from recreational anglers on the various options for black sea bass and other species will be vetted at a public hearing at 6 p.m. Tuesday in the Coastal Institute Building, on the URI Bay campus.

Read the full story at the Providence Journal

ASMFC American Eel Board Approves North Carolina Aquaculture Plan for 2016

February 5, 2016 — The following was released by the Atlantic States Marine Fisheries Management Council:

The Atlantic States Marine Fisheries Commission’s American Eel Management Board approved North Carolina’s Aquaculture Plan for 2016, allowing up to 200 pounds of glass eels to be harvested for aquaculture purposes. North Carolina’s plan is the first to be approved under the aquaculture plan provisions of Addendum IV to the Interstate Fishery Management Plan (FMP) for American Eel. 

“North Carolina is grateful for the Board’s provisional approval of its Aquaculture Plan,” stated Dr. Louis Daniel, Director of the North Carolina Division of Marine Fisheries. “Through the plan, we hope to demonstrate that domestic aquaculture of American eel can be done successfully while maintaining the rebuilding goals and objectives of the FMP.” 

The Board reviewed comments provided by the Technical Committee, Advisory Panel, and Law Enforcement Committee on the various merits of the plan prior to its approval.  Board approval was contingent on two issues (1) export of glass eels will be prohibited, and (2) the first year of the plan will be conducted as a pilot program. During the first year, North Carolina will work with its industry to identify viable collection sites for glass eels for its use in aquaculture.  If North Carolina intends to continue this plan into a second year, which will require additional Board approval, the state will need to work with the Technical Committee to determine sampling protocols for obtaining glass eel abundance estimates across the identified collection sites. 

For more information, please contact Mike Waine, Senior Fishery Management Plan Coordinator, at mwaine@asmfc.org or 703.842.0740.       

SMFC Summer Flounder, Scup, and Black Sea Bass Board Approves Regional Management for 2016 Recreational Summer Flounder and Black Sea Bass Fisheries

February 4, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries  Commission’s Summer Flounder, Scup and Black Sea Bass Management Board approved Addendum XXVII to the Summer Flounder and Black Sea Bass Fishery Management Plan. The Addendum continues the use of regional management for the 2016 summer flounder and black sea bass recreational fisheries, with a modification to the summer flounder regions. The modified summer flounder regions are intended to provide more equity in recreational harvest opportunities along the coast, especially between New Jersey and Delaware in the Delaware Bay. The approved summer flounder regions are Massachusetts; Rhode Island; Connecticut through New York; New Jersey; Delaware through Virginia; and North Carolina. For black sea bass, the Board approved the continuation of management measures by northern (Massachusetts – New Jersey) and southern regions (Delaware – North Carolina). 

Addendum XXVII was initiated to address the discrepancy in management measures between New Jersey and Delaware in the Delaware Bay. In recent years, the difference in size limit, which has been as great as 2-inches, has been cited as having an economic impact on southern New Jersey anglers. The approval of the New Jersey Delaware Bay region will allow New Jersey to pursue, through its regulatory process, the following management measures for New Jersey waters west of the COLREGS line in the Delaware Bay: a 17-inch minimum size, 4 fish possession limit, and a 128 day season. For New Jersey anglers east of the COLREGS line and north along the New Jersey coast, the state will seek to maintain 2015 management measures in 2016, namely, a 18-inch minimum size, 5 fish possession limit, and a 128 day season. The latter measures are consistent with those of New York and Connecticut. Management measures for the remaining states remain unchanged from 2015. The adaptive regional management approach for summer flounder has been approved for the 2016 fishing year only.

For black sea bass, the Board approved the continuation of ad hoc regional management measures for the northern (Massachusetts – New Jersey) and southern regions (Delaware – North Carolina). This approach has been used since 2011 and offers some advantages over coastwide regulations, which can disproportionately impact states within the management unit.  States in the northern region, which are responsible for approximately 97% of the total recreational harvest, will reduce their harvest by 23% to achieve the 2016 recreational harvest limit. Based on the recommendations of the Technical Committee, the Board approved management proposals and methodologies submitted by the northern states. The northern states will finalize their black sea bass management measures by the spring of 2016.

States in the southern region will implement measures consistent with federal regulations (current recommended federal measures are a 12.5 inch TL minimum fish size, 15 fish possession limit, and open season from May 15 – September 21 and October 22 – December 31). Combined, the regulations of the two regions are expected to achieve the required coastwide harvest reduction in order to not exceed the 2016 recreational harvest limit. The Board approved the ad hoc regional measures approach for the 2016 fishing year with the option of extending it through 2017 by Board action.

The Board also approved the maintenance of 2015 scup recreational measures for the 2016 fishing season. Addendum XXVII will be available on the Commission website, www.asmfc.org, by the end of February 2016. For more information, please contact Kirby Rootes-Murdy, Fishery Management Plan Coordinator, at krootes-murdy@asmfc.org or 703.842.0740.

                   

NOAA Fisheries Announces New Regulations for Snapper-Grouper and Golden Crab in the South Atlantic, and Dolphin and Wahoo in the Atlantic Region

January 25, 2016 — The following was released by NOAA:

The final rule for the Generic Accountability Measures and Dolphin Allocation Amendment including: Amendment 34 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region, Amendment 9 to the Fishery Management Plan for the Golden Crab of the South Atlantic Region, and Amendment 8 to the Fishery Management Plan for the Dolphin Wahoo Fishery of the Atlantic published in the Federal Registrar on January 22, 2016 (81 FR 3731). Regulations will be effective on February 22, 2016.

The final rule:

Revises commercial and recreational sector allocations, and annual catch limits for dolphin in the South Atlantic. The commercial sector allocation for dolphin will increase from 7.54% to 10%, and the commercial annual catch limit will increase from 1,157,001 to 1,534,485 pounds whole weight. The recreational sector allocation for dolphin will change from 92.46% to 90%, and the annual catch limit will change from 14,187,845 to 13,810,361 pounds whole weight.

Revises the accountability measures for black grouper, mutton snapper, yellowtail snapper, greater amberjack, red porgy, gag, golden tilefish, red grouper, snowy grouper, gray triggerfish, hogfish, scamp, Atlantic spadefish, bar jack, the other snappers complex, the other jacks complex, the other shallow-water grouper complex, the other porgies complex; wreckfish (recreational), and golden crab (commercial).

Accountability measures are ways fishery managers prevent annual catch limits from being exceeded and to correct overages of the catch limits if they do occur. These measures can include in-season closures, and post-season paybacks, such as reducing the length of the next fishing season or reducing the annual catch limit in the next fishing season. See the Frequently Asked Questions for more detailed information on accountability measures for the commercial and recreational sectors.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

For more information on the final rule for the Generic Accountability Measures and Dolphin Allocation Amendment, please follow this link to the Frequently Asked Questions.

Secretary of Commerce approves measure to reduce Bering Sea halibut bycatch

January 20, 2016 — The following was released by the NOOA Alaska Regional Office:

The Secretary of Commerce has approved a fishery management plan amendment to reduce halibut bycatch in four sectors of the Bering Sea and Aleutian Islands groundfish fisheries. NOAA Fisheries anticipates the amendment will reduce the actual amount of halibut bycatch in the Bering Sea and Aleutian Islands by approximately 361 metric tons compared to 2014. It may also provide additional harvest opportunities in the directed commercial, personal use, sport, and subsistence halibut fisheries.

In recent years, the International Pacific Halibut Commission – the joint U.S.-Canadian body charged with management of Pacific halibut – has determined that the exploitable biomass of halibut has declined, particularly in the Bering Sea and Aleutian Islands. This decline has resulted in reductions to the catch limits for the directed commercial halibut fishery in Area 4, in particular Area 4 CDE in the eastern and northern Bering Sea.

Groundfish fisheries–which seek to catch species like pollock and yellowfin sole–regularly encounter halibut as bycatch during their fishing operations.

In response to declining commercial catch limits for the directed commercial halibut fishery, in June 2015, the North Pacific Fishery Management Council recommended reducing halibut prohibited species catch (PSC) limits for the Bering Sea and Aleutian Islands groundfish fisheries. The council’s recommendation was Amendment 111 to the Fishery Management Plan for Groundfish in the Bering Sea and Aleutian Islands.

Amendment 111 reduces the overall Bering Sea and Aleutian Islands Management Area halibut prohibited species catch (PSC) limit by 21% to 3,515 metric tons (mt). The PSC limits are reduced by specific amounts for the following groundfish sectors:

  • Amendment 80 sector by 25% to 1,745 mt;
  • BSAI trawl limited access sector by 15% to 745 mt;
  • BSAI non-trawl sector by 15% to 710 mt; and
  • Community Development Quota (CDQ) Program (CDQ sector) by 20% to 315 mt.

The Secretary approved Amendment 111 after determining that it is consistent with the national standards in the Magnuson-Stevens Fishery Conservation and Management Act.

NOAA Fisheries will publish a final rule for the measure this spring, which will go into effect 30 days after publication in the Federal Register. For more information, visit NOAA Fisheries Alaska Regional website.

 

 

NORTH CAROLINA: MFC to take action on southern flounder supplement

November 11, 2015 — NAGS HEAD, N.C. — State fishery managers are scheduled to take action on a controversial southern flounder management supplement next week.

The N.C. Marine Fisheries Commission, the state’s marine fisheries rulemaking body, will hold its regular meeting Wednesday through Friday, Nov. 18-20, at Jennette’s Pier. According to a release from the N.C. Division of Marine Fisheries, the state agency that enforces marine fisheries rules and conducts fisheries research, the MFC is scheduled to select and approve management measures for supplement A to the southern flounder fishery management plan (FMP) Amendment 1.

The proposed supplement, and the MFC’s use of the supplement process, has drawn both support and opposition. A recent release from the N.C. Fisheries Association, a nonprofit supporting the seafood industry, criticizes the proposed supplement.

The current supplement draft includes management options to reduce southern flounder catch (both harvested flounder and dead discards) by 25-60 percent. The supplement has six management options, which include measures such as trip limits, size limits, closures and prohibiting large mesh gill nets from internal state waters.

These proposals, particularly the net ban, have been part of the reason for debate among fisheries managers, fishermen, environmentalists and legislators.

According to the NCFA release, the General Assembly has stated in law that the MFC has the duty to provide fair regulation of fishing groups in the interest of the public.

The association said the DMF is the state agency that is charged to offer scientific support to the commission and carry out the regulations adopted by the commission. The total economic impact of the southern flounder fishery averages $17 million per year to North Carolina, just for those fish caught commercially.

According to the NCFA, since the commission started the process of debating the issue of southern flounder management over nine months ago, the DMF has not offered any recommended actions to reduce the catch of southern flounder.

“Currently, only one of the nine MFC members has a scientific background in fisheries, and even that experience is not based on saltwater fisheries,” the association said. “Yet, the DMF, who has the expertise on staff that could assist the commissioners, has not made any formal recommendations on the options being considered by the commission or offered any options of their own.”

Brent Fulcher, NCFA chairman and owner of Beaufort Inlet Seafood, said the association wonders “why the division exists, if not to offer assistance and make recommendations to the members of the Marine Fisheries Commission in carrying out their conservation responsibilities.”

Read the full story at Carteret County News-Times

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