Saving Seafood

ASMFC Approves Amendment 7 to the Interstate Fishery Management Plan for Atlantic Striped Bass: Amendment Strengthens Measures to Support Stock Rebuilding

May 6, 2022 — The following was released by the The Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission approved Amendment 7 to the Interstate Fishery Management Plan (FMP) for Atlantic Striped Bass. The Amendment establishes new requirements for the following components of the FMP: management triggers, conservation equivalency, measures to address recreational release mortality, and the stock rebuilding plan. The last striped bass stock assessment found the stock was overfished and that overfishing was occurring. This finding required the Board to end overfishing within one year and rebuild the stock by 2029. Amendment 7 strengthens the Commission’s ability to reach the rebuilding goal by implementing a more conservative recruitment trigger, providing more formal guidance around uncertainty in the management process, and implementing measures designed to reduce recreational release mortality. This Amendment builds upon the Addendum VI action to address overfishing and initiate rebuilding in response to the assessment findings.

“On behalf of the Board, I would like to thank everyone who contributed to this amendment process over the past few years to address these critically important management issues. This includes ASMFC staff, and the state and federal partners who served on all the various committees involved in the development of Amendment 7, as well as the Advisory Panel. I would especially like to acknowledge former Board Chair David Borden of Rhode Island for his leadership throughout much of the process,” stated Board Chair Marty Gary with the Potomac River Fisheries Commission. “Stakeholders clearly voiced their dedication and commitment to the conservation of this species through the thousands of comments we received. The Board is grateful for this tremendous public participation and believe that the actions we took through Amendment 7 are reflective of the majority of stakeholders’ priorities. The Board remains focused on rebuilding this iconic species.”

Amendment 7 establishes an updated recruitment management trigger, which determines when the Board is required to make management adjustments based on striped bass young-of-the-year data. The updated recruitment trigger is more sensitive to low recruitment than the previous trigger, and it requires a specific management response to low year class strength. The response requires reevaluation of the fishing mortality management triggers to account for low recruitment. If one of those triggers trips after reevaluation, the Board is required to take action to reduce fishing mortality.

Amendment 7 also updates the spawning stock biomass triggers by establishing a deadline for implementing a rebuilding plan. The Board must implement a rebuilding plan within two years of when a spawning stock biomass trigger is tripped.

For conservation equivalency (CE), which provides states the flexibility to tailor management measures, Amendment 7 does not allow CE to be used for most recreational striped bass fisheries when the stock is overfished. Amendment 7 also provides constraints around the use of Marine Recreational Information Program data for CE proposals and defines the overall percent reduction/liberalization a proposal must achieve, including required uncertainty buffers. These restrictions are intended to minimize the risks due to uncertainty when CE is used for non-quota managed striped bass fisheries.

Since recreational release mortality is a large component of annual fishing mortality, Amendment 7 establishes a new gear restriction which prohibits gaffing striped bass when fishing recreationally. This new restriction, along with the existing circle hook requirement when fishing recreationally with bait, are intended to increase the chance of survival after a striped bass is released alive. Additionally, Amendment 7 requires striped bass caught on any unapproved method of take (e.g., caught on a J-hook with bait) must be returned to the water immediately without unnecessary injury. This provision, which is related to incidental catch, was previously a recommendation in Addendum VI to Amendment 6.

For stock rebuilding, Amendment 7 addresses the upcoming 2022 stock assessment and how it will inform efforts to meet the 2029 stock rebuilding deadline. Given concerns about recent low recruitment and the possibility of continued low recruitment, Amendment 7 requires the 2022 stock assessment’s rebuilding projections to use a low recruitment assumption to conservatively account for that future possibility. Amendment 7 also establishes a mechanism for the Board to respond more quickly to the 2022 assessment results if action is needed to achieve stock rebuilding by 2029.

All provisions of Amendment 7 are effective immediately except for gear restrictions. States must implement gear restrictions by January 1, 2023. Amendment 7 will be available on the Commission’s website,http://www.asmfc.org/species/atlantic-striped-bass, by the end of May. For more information, please contact Emilie Franke, Fishery Management Plan Coordinator, at efranke@asmfc.org or 703.842.0740.

 

ASMFC Atlantic Striped Bass Board Approves Draft Amendment 7 for Public Comment Hearings to be Conducted Throughout March

January 28, 2022 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Striped Bass Management Board approved for public comment Draft Amendment 7 to the Interstate Fishery Management Plan (FMP) for Atlantic Striped Bass. The Draft Amendment proposes options to address the following issues: management triggers, recreational release mortality, stock rebuilding plan, and conservation equivalency. These issues were identified during the public scoping process for Amendment 7 as critically important to help rebuild the stock and update the management program.

The Draft Amendment’s proposed options consider changes to the management triggers, which determine when the Board is required to make management adjustments, and whether to adopt new restrictions or requirements for the use of conservation equivalency, which provides the states the flexibility to tailor the management measures. For stock rebuilding, the proposed options consider the impact of low recruitment and how the Board could respond to the 2022 stock assessment if action is needed to achieve stock rebuilding by 2029. Since release mortality in the recreational fishery is a large component of annual fishing mortality, the Draft Amendment considers options to reduce the number of striped bass released alive and options to increase the chance of survival after a striped bass is released.  

The last time a new plan amendment to the Atlantic Striped Bass FMP was adopted was in 2003 (Amendment 6). Since then, the status and understanding of the striped bass stock and fishery has changed considerably, and the results of the 2018 Benchmark Stock Assessment in particular led the Board to discuss a number of prominent issues facing striped bass management. Consequently, the Board initiated the development of Amendment 7 in August 2020 to update the management program to better align with current fishery needs and priorities. The Board intends for this amendment to build upon the Addendum VI to Amendment 6 action to end overfishing and initiate rebuilding in response to the overfished status of the stock.

The Draft Amendment will be available on or before February 4th on the Commission’s website athttp://www.asmfc.org/about-us/public-input. The public comment period will begin once the Draft Amendment 7 has been posted and will extend until April 15. All those interested in the management of Atlantic striped bass are encouraged to provide input either by participating in public hearings, which may be conducted via webinar, or providing written comment. Public comment will be accepted until 11:59 PM (EST) on April 15and should be sent to Emilie Franke, FMP Coordinator, at 1050 N. Highland St., Suite 200 A-N, Arlington, Virginia 22201; 703.842.0741 (fax) or at comments@asmfc.org (Subject line: Draft Amendment 7). A subsequent press release will provide the details of the scheduled hearings once those are finalized. For more information, please contact Emilie Franke at efranke@asmfc.org or 703.842.0740.

 

ASMFC 2022 Winter Meeting Webinar Final Agenda and Materials Now Available

January 12, 2022 — The following was released by the Atlantic States Marine Fisheries Commission:

The final agenda and meeting materials for the Atlantic States Marine Fisheries Commission’s Winter Meeting Webinar (January 25-27, 2022 are now available at http://www.asmfc.org/home/2022-winter-meeting;  click on the relevant Board/Committee name to access the documents for that Board/Committee. For ease of access, all meeting materials have been combined into one document:  Main Meeting Materials.

Due to concerns about the continued spread of COVID-19 and the challenges of conducting a fully participatory hybrid meeting (in-person and virtual meeting combined), the meeting has shifted from a hybrid meeting to one that will be conducted entirely via webinar.
 
Supplemental materials will be posted to the website on Wednesday, January 19. For those Boards that have FMP Reviews and Compliance Reports on their agendas, the compliance reports are not posted due to their large file sizes. If you would like a copy of a specific state’s or jurisdiction’s compliance report, please contact the respective FMP Coordinator. 
 
The agenda is subject to change. The agenda reflects the current estimate of time required for scheduled Board meetings. The Commission may adjust this agenda in accordance with the actual duration of Board meetings. It is our intent to begin at the scheduled start time for each meeting, however, if meetings run late the next meeting may start later than originally planned. Please note there has been a slight shift in timing for the Executive Committee and Horseshoe Crab Management Board, which meet on Wednesday. January 26.
 
Webinar Information
Board meeting proceedings will be broadcast daily via webinar beginning Monday, January 25 at  10 a.m. and continuing daily until the conclusion of the meeting (expected to be 3:15 p.m.) on Thursday, January 27. The webinar will allow registrants to listen to board deliberations and view presentations and motions as they occur.  Management boards will continue to provide opportunity to the public to bring matters of concern to the board’s attention at the start of each board meeting. Board chairs will ask members of the public to raise their hands to let the chair know they would like to speak. Depending upon the number of commenters, the board chair will decide how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.

Each day, the webinar will begin 30 minutes prior to the start of the first meeting so that people can troubleshoot any connectivity or audio issues they may encounter.  If you are having issues with the webinar (connecting to or audio related issues), please contact Chris Jacobs at 703.842.0790.

If you are joining the webinar but will not be using VoIP, you can may also call in at +1 (415) 655-0600, access code 774-133-932. A PIN will be provided to you after joining the webinar; see webinar instructions for details on how to receive the PIN.

For those who will not be joining the webinar but would like to listen in to the audio portion only, press the # key when asked for a PIN.

Public Comment Guidelines
To provide a fair opportunity for public input, the ISFMP Policy Board  approved the following guidelines for use at management board meetings.

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

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

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

In addition, the following timeline has been established for the submission of written comment for issues for which the Commission has NOT established a specific public comment period (i.e., in response to proposed management action). 

1. Comments received 3 weeks prior to the start of the meeting (January 10) will be included in the briefing materials.
2. Comments received by 5:00 PM on Tuesday, January 18 will be included in the supplemental materials.
3. Comments received by 10:00 AM on Friday, January 21 will be distributed electronically to Commissioners/Board members prior to the meeting.

Comments should be submitted via email at comments@asmfc.org. All comments must clearly indicate the commenter’s expectation from the ASMFC staff regarding distribution.

 

American Lobster Draft Addendum XXIX/Jonah Crab Draft Addendum IV for Public Comment: Public Hearing Presentation Now Available

January 11, 2022 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s American Lobster Management Board has approved for public comment Draft Addendum XXIX to Amendment 3 to the Interstate Fishery Management Plan (FMP) for American Lobster and Draft Addendum IV to the Jonah Crab FMP. The Draft Addenda were initiated in August 2020 to consider implementing electronic tracking requirements for federally-permitted vessels in the American lobster and Jonah crab fisheries, with the objective of collecting high resolution spatial and temporal effort data.

The collection of enhanced spatial and temporal data via electronic tracking devices in the offshore fishery would support managers in addressing a number of challenges facing the fishery. Electronic tracking data would greatly improve the stock assessment’s ability to estimate exploitation and abundance for American lobster, as the trackers would allow size composition data to be linked to harvest at a finer spatial resolution than what is currently possible. Additionally, the data could improve the models used to assess the location of vertical lines in the fishery and their associated risk to endangered North Atlantic right whales, which could impact federal risk reduction requirements for the fishery. Characterizing the footprint of the U.S. lobster fishery will also be critical to ocean planning efforts to minimize spatial conflicts with other ocean uses such as aquaculture, marine protected areas, and offshore energy development, as well as provide fishery managers tools to help maintain industry fishing grounds. Last, the efficiency of law enforcement efforts could be significantly improved with data to help enforcement officials locate widely dispersed gear in the offshore fishery. 

 

The Commission and its member states from Maine to Virginia will be conducting a series of hearings to gather public input on the Draft Addenda. Due to the COVID-19 pandemic, most hearings will be conducted via webinar; some hearings will be state-specific and others regionally-focused. Public hearing information, webinar links, and call-in information are below. Please note that in order to comment during the hearings you will need to use your computer or download the GoToWebinar app for your phone. Those joining by phone only will be limited to listening to the presentation and will not be able to provide input. Additional details on participating in the webinar can be found later in this release; this information is particularly important for those that have not used the GoToWebinar platform before.

Date State or Regional Hearing Contact(s)
Wednesday, January 12, 2022

6:30 – 8 PM

 Connecticut and New York Colleen Bouffard (CT), 860.876.6881

Maureen Davidson (NY), 631.444.0483
Thursday, January 13, 2022 

 6:30 – 8 PM

 New Jersey, Delaware, Maryland and Virginia Joseph Cimino (NJ), 609.748.2020

John Clark (DE), 302.739.9914

Michael Luisi (MD), 443.758.6547

Patrick Geer (VA), 757.247.2236
Tuesday, January 18, 2022

6 – 8 PM

 Maine Department of Marine Resources

 

 Megan Ware (ME), 207.446.0932

 
Wednesday, January 19, 2022

6 – 8 PM

 Maine Department of Marine Resources

 

 Megan Ware (ME), 207.446.0932

 
Wednesday, January 19, 2022

6:30 – 8 PM

 New Hampshire Department of Fish and Game

Note: This hearing will be held in a hybrid format. To virtually attend this hearing, please use this webinar registration link. To listen in only, dial1.415.655.0052 and enter 879-685-496.

You can also attend in person at the address below:

Urban Forestry Center

45 Elwyn Road

Portsmouth, NH 03801

 

 Cheri Patterson (NH), 603.868.1095

 
Thursday, January 20, 2022

6:30 – 8 PM

 Massachusetts and Rhode Island  Nichola Meserve (MA), 617.626.1531

Jason McNamee (RI), 401.222.4700
The Draft Addenda include two options for proposed management programs. The first is status quo or no changes to the current program, and the second is to implement electronic tracking requirements for federally-permitted American lobster and Jonah crab vessels with commercial trap gear area permits for Lobster Conservation Management Areas 1 through 5 and Outer Cape Cod. Under this option, the specified permit holders would be required to install an approved electronic vessel tracking device to their vessel prior to beginning a fishing trip to collect and transmit spatial data. The devices would collect vessel locations every minute, which would allow for the distinction between transiting and fishing activity, as well as the estimation of traps per trawl. The Draft Addenda also describe administrative processes at the Commission, state, and federal levels for successful implementation of the management program to ensure the data collected meet the needs of state and federal partners.

Webinar Instructions

To register for a public hearing webinar please click HERE and select the hearing(s) you plan to attend from the dropdown menu. Hearings will be held via GoToWebinar, and you can join the webinar from your computer, tablet or smartphone. If you are new to GoToWebinar, you can download the software (click here)or via the App store under GoToWebinar. We recommend you register for the hearing well in advance of the hearing since GoToWebinar will provide you with a link to test your device’s compatibility with the webinar. If you find your device is not compatible, please contact the Commission at info@asmfc.org (subject line: GoToWebinar help) and we will try to get you connected. We also strongly encourage participants to use the computer voice over internet (VoIP) so you can ask questions and provide input at the hearing. Those joining by phone only, will be limited to listening to the presentation but will not be able to provide input during the hearing. In those cases, you can send your comments to staff via email, U.S. mail, or fax at any time during the public comment period. To attend the webinar in listen only mode, dial 1-877-309-2071 and enter access code 350-416-497.

The Draft Addenda are available athttp://www.asmfc.org/files/PublicInput/LobsterDraftAdd_XXIX_JonahCrabDraftAdd_IV_PublicComment_Dec2021.pdf or via the Commission’s website at http://www.asmfc.org/about-us/public-input. Members of the commercial fishing industry and other stakeholders are encouraged to provide input either by participating in public hearings, webinars, or providing written comment. Public comment will be accepted until 5 PM (EST) on January 31, 2022 and should be sent to Caitlin Starks, FMP Coordinator, at 1050 N. Highland St., Suite 200 A-N, Arlington, Virginia 22201; 703.842.0741 (fax) or at comments@asmfc.org (Subject line: Lobster Draft Addendum XXIX). For more information, please contact Caitlin Starks at cstarks@asmfc.orgor 703.842.0740.

ASMFC American Lobster Board Releases American Lobster Draft Addendum XXIX/ Jonah Crab Draft Addendum IV for Public Comment

December 14, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s American Lobster Management Board has approved for public comment Draft Addendum XXIX to Amendment 3 to the Interstate Fishery Management Plan (FMP) for American Lobster and Draft Addendum IV to the Jonah Crab FMP. The Draft Addenda were initiated in August 2020 to consider implementing electronic tracking requirements for federally-permitted vessels in the American lobster and Jonah crab fisheries, with the objective of collecting high resolution spatial and temporal effort data.

The collection of enhanced spatial and temporal data via electronic tracking devices in the offshore fishery would support managers in addressing a number of challenges facing the fishery. Electronic tracking data would greatly improve the stock assessment’s ability to estimate exploitation and abundance for American lobster, as the trackers would allow size composition data to be linked to harvest at a finer spatial resolution than what is currently possible. Additionally, the data could improve the models used to assess the location of vertical lines in the fishery and their associated risk to endangered North Atlantic right whales, which could impact federal risk reduction requirements for the fishery. Characterizing the footprint of the U.S. lobster fishery will also be critical to ocean planning efforts to minimize spatial conflicts with other ocean uses such as aquaculture, marine protected areas, and offshore energy development, as well as provide fishery managers tools to help maintain industry fishing grounds. Last, the efficiency of law enforcement efforts could be significantly improved with data to help enforcement officials locate widely dispersed gear in the offshore fishery. 

The Commission and its member states from Maine to Virginia will be conducting a series of hearings to gather public input on the Draft Addenda. Due to the COVID-19 pandemic, most hearings will be conducted via webinar; some hearings will be state-specific and others regionally-focused. Public hearing information, webinar links, and call-in information are below. Please note that in order to comment during the hearings you will need to use your computer or download the GoToWebinar app for your phone. Those joining by phone only will be limited to listening to the presentation and will not be able to provide input. Additional details on participating in the webinar can be found later in this release; this information is particularly important for those that have not used the GoToWebinar platform before.

Wednesday, January 12, 2022

6:30 – 8 PM

 Connecticut and New York Colleen Bouffard(CT), 860.876.6881

Maureen Davidson (NY), 631.444.0483
Thursday, January 13, 2022 

 6:30 – 8 PM

 New Jersey, Delaware, Maryland and Virginia Joseph Cimino (NJ), 609.748.2020

John Clark (DE), 302.739.9914

Michael Luisi (MD), 443.758.6547

Patrick Geer (VA), 757.247.2236
Tuesday, January 18, 2022

6 – 8 PM

 Maine Department of Marine Resources Megan Ware (ME), 207.446.0932

 
Wednesday, January 19, 2022

6 – 8 PM

 Maine Department of Marine Resources Megan Ware (ME), 207.446.0932
Wednesday, January 19, 2022

6:30 – 8 PM

 New Hampshire Department of Fish and Game

Note: This hearing will be held in a hybrid format. To virtually attend this hearing, please use this webinar registration link. To listen in only, dial1.415.655.0052 and enter 879-685-496.

You can also attend in person at the address below:

Urban Forestry Center

45 Elwyn Road

Portsmouth, NH 03801

 

 Cheri Patterson (NH), 603.868.1095
Thursday, January 20, 2022

6:30 – 8 PM

 Massachusetts and Rhode Island  Nichola Meserve (MA), 617.626.1531

Jason McNamee (RI), 401.222.4700

The Draft Addenda include two options for proposed management programs. The first is status quo or no changes to the current program, and the second is to implement electronic tracking requirements for federally-permitted American lobster and Jonah crab vessels with commercial trap gear area permits for Lobster Conservation Management Areas 1 through 5 and Outer Cape Cod. Under this option, the specified permit holders would be required to install an approved electronic vessel tracking device to their vessel prior to beginning a fishing trip to collect and transmit spatial data. The devices would collect vessel locations every minute, which would allow for the distinction between transiting and fishing activity, as well as the estimation of traps per trawl. The Draft Addenda also describe administrative processes at the Commission, state, and federal levels for successful implementation of the management program to ensure the data collected meet the needs of state and federal partners.

Webinar Instructions

To register for a public hearing webinar please click HERE and select the hearing(s) you plan to attend from the dropdown menu. Hearings will be held via GoToWebinar, and you can join the webinar from your computer, tablet or smartphone. If you are new to GoToWebinar, you can download the software (click here) or via the App store under GoToWebinar. We recommend you register for the hearing well in advance of the hearing since GoToWebinar will provide you with a link to test your device’s compatibility with the webinar. If you find your device is not compatible, please contact the Commission at info@asmfc.org (subject line: GoToWebinar help) and we will try to get you connected. We also strongly encourage participants to use the computer voice over internet (VoIP) so you can ask questions and provide input at the hearing. Those joining by phone only, will be limited to listening to the presentation but will not be able to provide input during the hearing. In those cases, you can send your comments to staff via email, U.S. mail, or fax at any time during the public comment period. To attend the webinar in listen only mode, dial 1-877-309-2071 and enter access code 350-416-497.

The Commission will also post a recording of the hearing presentation on the Commission’s YouTube page so that stakeholders may watch the presentation and submit comment at any time during the comment process. This recording will be available in early January; a subsequent press release will announce the availability of the recording.

The Draft Addenda are available here or via the Commission’s website at http://www.asmfc.org/about-us/public-input. Members of the commercial fishing industry and other stakeholders are encouraged to provide input either by participating in public hearings, webinars, or providing written comment. Public comment will be accepted until 5 PM (EST) on January 31, 2022and should be sent to Caitlin Starks, FMP Coordinator, at 1050 N. Highland St., Suite 200 A-N, Arlington, Virginia 22201; 703.842.0741 (fax) or at comments@asmfc.org (Subject line: Lobster Draft Addendum XXIX). For more information, please contact Caitlin Starks at cstarks@asmfc.org or 703.842.0740.

Groundfish Catch Share Program Review: Public Meetings Scheduled for July/August in Ports From Maine to New York

July 2, 2019 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council is conducting a review of the groundfish sector system, which is a catch share program under the Northeast Multispecies Fishery Management Plan (FMP). The public is encouraged to provide comments during an upcoming series of port meetings or in writing until August 19, 2019.

The review focuses on the first six years of the catch share program under Amendment 16 to the FMP, covering fishing years 2010 to 2015, which span from May 1, 2010 through April 30, 2016. Information prior to the program’s implementation also will be included for fishing years 2007 to 2009. This period covers May 1, 2007 through April 30, 2010.

Read the full release here

Atlantic Herring: NEFMC Conducts “Debrief” on MSE Process

June 27, 2019 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council is seeking public comment on the Management Strategy Evaluation (MSE) process that was used to develop and analyze alternatives for a new acceptable biological catch (ABC) control rule in Amendment 8 to the Atlantic Herring Fishery Management Plan (FMP). The MSE process involved more public input through workshops and technical analysis earlier in the amendment development process than normal. Comments on the process are welcome until 8 a.m. on August 9, 2019.

This was the first time the Council used MSE in decision-making. The Council now is taking a step back to debrief and identify the benefits and/or drawbacks of the MSE process, as well as lessons learned. The Council especially wants to hear from: (1) stakeholders who were involved in the MSE process and attended a workshop; and (2) people who are invested in the future of herring management.

Read the full release here

Oceana Files Legal Challenge to Northern Anchovy Catch Limit

WASHINGTON (Saving Seafood) — November 29, 2016 — Last week, environmental group Oceana filed a lawsuit alleging that a recent National Marine Fisheries Service (NMFS) specification rule allows commercial fishing for northern anchovy at levels that threaten the anchovy population and the marine ecosystem. The complaint was filed against the NMFS, Secretary of Commerce Penny Pritzker, and the National Oceanic and Atmospheric Administration (NOAA) in the District Court of Northern California.

The specification rule in question, announced October 26, 2016 under the Coastal Pelagic Species Fishery Management Plan, set an annual catch limit (ACL) of 25,000 metric tons for the central subpopulation of anchovy. In its lawsuit, Oceana claims that the NMFS did not articulate the scientific basis for this ACL, did not base the ACL and related management measures on best available science, and did not explain how it would prevent overfishing and protect the West Coast marine ecosystem’s food web.

In doing so, Oceana claims that the rule violates the Magnuson-Stevens Fishery Conservation and Management Act and the Administrative Procedure Act. The complaint claims that the northern anchovy population has severely declined since 2009, and that northern anchovy are “one of the most important forage species” in the California marine ecosystem.

“The Fisheries Service’s actions and failures to act have harmed Oceana’s members’ interest in rebuilding and maintaining a healthy and sustainable population of northern anchovy and a healthy ocean ecosystem,” said the lawsuit, which was filed by lawyers from Earthjustice on Oceana’s behalf. “This harm will continue in the absence of action by the Court.”

Read the full legal complaint as a PDF

ASMFC American Lobster Board Approves Jonah Crab Draft Addendum II for Public Comment

October 28th, 2016 — The following was released by the Atlantic States Marine Fisheries Commission: 

The Atlantic States Marine Fisheries Commission’s American Lobster Management Board approved Draft Addendum II to the Jonah Crab Fishery Management Plan (FMP) for public comment. The Draft Addendum considers establishing a coastwide standard for claw harvest to address concerns regarding the equity of the current claw provision. Specific options include establishing a whole crab fishery or allowing for the harvest of claws coastwide. The Draft Addendum also considers establishing a definition of bycatch, based on a percent composition of catch, in order to minimize the expansion of a small-scale fishery under the bycatch allowance. 

The FMP currently establishes a whole crab fishery with the exception of fishermen from NJ, DE, MD, and VA who have a history of claw landings prior to June 2, 2015. Following approval of the FMP, claw fishermen from NY and ME were identified. Currently, these fishermen are required to land whole crabs. As a result, jurisdictions have expressed concern regarding the equity of this provision as some fishermen with a history of claw landings are allowed to continue this practice while others must land whole crabs.

In order to address concerns regarding the expansion of a small-scale fishery, consideration of a bycatch definition was added as a second issue in the Draft Addendum. Addendum I established a bycatch allowance of 1,000 crabs per trip for non-trap gears and non-lobster trap gears (i.e., fish pots, crab pots, whelk traps). Fishermen using these gears are not required to have other species on Board when harvesting Jonah crab. As a result, fishermen harvesting Jonah crab under the bycatch limit may, in fact, directly target Jonah crab by landing 1,000 crabs per trip and nothing else. This does not reflect the intention of the bycatch allowance which is to account for Jonah crab caught while targeting another species.

The Draft Addendum will be available on the Commission website, www.asmfc.org (under Public Input) by mid-November. It is anticipated that the majority of states of Maine through Maryland will be conducting public hearings; the details of those hearings will be released in a subsequent press release. The Board will review submitted public comment and consider final action on the Draft Addendum at the Commission’s Winter Meeting in February.  For more information, please contact Megan Ware at mware@asmfc.org or 703.842.0740.         

 

NYSDEC Jonah Crab Public Hearing Date Changed from March 23 to April 6

March 1, 2016 – The following was released by the Atlantic States Marine Fisheries Commission:

The states of Maine through Maryland have scheduled their hearings to gather public comment on Draft Addendum I to the Jonah Crab Fishery Management Plan (FMP). The details of those hearings follow.

Maine Dept. of Marine Resources

March 17, 2016; 6-8 PM

Casco Bay Lines Conference Room

56 Commercial Street

Portland, Maine

Contact: Terry Stockwell at 207.624.6553

 

Massachusetts Division of Marine Fisheries

March 14, 2016; 5:30 PM

New Bedford Fairfield Inn and Suites

185 McArthur Drive

New Bedford, Massachusetts

Contact: Dan McKiernan at 617.626.1536

 

March 15, 2016; 6:00 PM

MA DMF Annisquam River Field Station

30 Emerson Avenue

Gloucester, Massachusetts

Contact: Dan McKiernan at 617.626.1536

 

Rhode Island Dept. of Environmental Management

March 16, 2016; 6-9 PM

University of Rhode Island Bay Campus

Corliss Auditorium

South Ferry Road

Narragansett, Rhode Island

Contact: Scott Olszewski at 401.423.1934

 

New York State Dept. of Environmental Conservation

April 6, 2016; 6:30 PM

205 North Belle Mead Road, Suite 1

East Setauket, New York

Contact: Rachel Sysak at 631.444.0469

 

Maryland Department of Natural Resources

April 4, 2016; 2-4 PM

Greater Ocean City Chamber of Commerce

12320 Ocean Gateway

Ocean City, Maryland

Contact: Craig Weedon at 410.643.4601 ext. 2113

 

The Draft Addendum proposes changes to the incidental bycatch limits for non-trap gear (e.g., otter trawls, gillnets) and non-lobster trap gear (e.g., fish, crab, and whelk pots). For non-trap gear, the Draft Addendum includes options to maintain, increase, or eliminate the bycatch limit, while options for non-lobster traps include establishing bycatch limits of varying size or maintaining no limit on these gears. The intent of the Draft Addendum is to cap incidental landings of Jonah crab while ensuring the inclusion of current participants in the Jonah crab fishery. The FMP currently prescribes a 200 crab per calendar day/500 crab per trip incidental bycatch limit for non-trap gear; however, concerns were expressed over the appropriateness of these limits. Data submitted by the New England Fishery Management Council and NOAA Fisheries illustrate while 97-99% of trips from 2010 through 2014 were within the current limit, there were several trips above the limit. Furthermore, current bycatch landings were sufficiently low, accounting for approximately 0.1% of total landings.

Bycatch limits for non-lobster trap gear were added as a second issue for consideration in the Draft Addendum to address concerns regarding the lack of effort controls on non-lobster traps and the potential for trap proliferation. Data submitted by NOAA Fisheries show between May 1, 2013 and August 31, 2015, 194 trips landed Jonah crab with whelk pots, crab pots, and fish pots. Of these, 80 trips landed 100 crab or fewer and 115 trips landed 200 crab or fewer.  Approximately 45 trips landed between 200 and 500 crab and 40 trips landed more than 450 crab.  Landings from Maryland show between 2012 and 2015, 33 trips landed Jonah crab with fish pots. All of these trips were under 200 pounds. Reports also indicated from 2014-2015, 36 trips landed Jonah crab with whelk pots. Average landings per trip with whelk pots were under 500 pounds; however, there is concern that these whelk pot landings may in fact be rock crab, a closely related species which is often misreported as Jonah crab.

Fishermen and other interested groups are encouraged to provide input on the Draft Addendum either by attending state public hearings or providing written comment. The Draft Addendum can be obtained at http://www.asmfc.org/files/PublicInput/JonahCrabDraftAddendumI_PublicComment_Feb2016.pdf or via the Commission’s website,www.asmfc.org, under Public Input. Public comment will be accepted until 5:00 PM (EST) on April 18, 2016 and should be forwarded to Megan Ware, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at mware@asmfc.org (Subject line: Draft Addendum I).