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April Showdown Looming for Battle Over Atlantic Ocean Monument

March 28, 2018 — WASHINGTON — Fisherman and lobstermen reeled in a temporary victory after a federal court agreed to lift a 10-month stay on a lawsuit that seeks to reverse Obama-era protections for the first national marine monument in the Atlantic Ocean.

In September 2016, former President Barack Obama used powers under the Antiquities Act to designate the Northeast Canyons and Seamounts National Monument.

The 5,000-square-mile monument, rich with deep coral and home to sperm whales, sea turtles and dolphins, is located just off the Georges Bank near Cape Cod, Massachusetts.

The Obama-era order closed off the area to commercial fisherman, except for a handful of crabbers who were grandfathered into the deal and allowed to continue trawling for just seven years more until fishing activity would be completely barred in the region.

The plaintiffs who originally challenged the monument designation in March 2017 include the Pacific Legal Foundation, the Atlantic Offshore Lobsterman’s Association, the Long Island Commercial Fishing Association, the Rhode Island Fisherman’s Alliance and the Garden State Seafood Association.

In their original lawsuit, the groups claimed Obama “exceeded his power under the Antiquities Act” when cordoning off the ocean acreage.

They argued the sea is not “land owned or controlled by the Federal government and thus not within the president’s proclaiming authority.”

“Unless a permanent injunction is issued to forbid the implementation of the proclamation’s fishing prohibitions, plaintiffs are and will continue to be irreparably harmed … and will continue to suffer a diminution of income, reduced fishing opportunities and depletion of their investment in their boats and permits,” the March 2017 complaint states.

This March 15, U.S. District Judge James Boasberg finally agreed to allow the fisherman’s lawsuit to continue, effectively turning up  pressure on the Trump administration to act.

Read the full story at the Courthouse News Service

 

NEFMC SSC – Listen Live – Friday, March 30, 2018, Surfclam Focus

March 22, 2018 — The following was released by the New England Fishery Management Council:

An ad-hoc sub-panel of the New England Fishery Management Council’s Scientific and Statistical Committee (SSC) will meet via webinar on Friday, March 30, 2018 to peer review two reports related to surfclam dredging activity in the newly designated Great South Channel Habitat Management Area. The public is invited to listen via webinar or telephone.  Here are the details.

START TIME:  1:00 p.m.

WEBINAR REGISTRATION:  Online access to the meeting will be available at Listen Live. There is no charge to access the meeting through this webinar.

CALL-IN OPTION:  To listen by telephone, dial +1 (951) 384-3421. The access code is 937-123-775. Please be aware that if you dial in, your regular phone charges will apply.

AGENDA:  The SSC will review the following two papers, which were supported by the Science Center for Marine Fisheries.

  • Analysis of ancillary survey data and surfclam fishery tow data for the Georges Shoals Habitat Management Area on Georges Bank and the Great South Channel Habitat Management Area; and
  • The “East of Nantucket” Survey.

WHY IS THIS HAPPENING:  The Council plans to use the results of these studies to support decision-making in an upcoming management action.

  • The Council is seeking advice from peer reviewers about how the data and conclusions from the two studies might be used to support development and evaluation of alternatives to consider possible exemption areas for hydraulic clam dredge gear within the newly designated Great South Channel Habitat Management Area.
  • This 748-square-nautical-mile (nm) management area overlaps Nantucket Shoals and is located approximately 12 nm southeast of Cape Cod, Massachusetts and 6 nm east of Nantucket Island.
  • The reports summarize hydraulic dredge survey information for the habitat management area, including catches of clams and clam shells, as well as other components of the seafloor substrate.

MATERIALS:  Meeting materials are available on the Council’s website at SSC March 30, 2018 documents.

For a more detailed description of the meeting click here.

 

Maine critics throw cold water on Trump administration’s offshore drilling plan

The proposal to open 90 percent of the nation’s coastline – including the North Atlantic – to oil and gas exploration draws widespread opposition at an event held by federal officials in Augusta.

March 8, 2018 — AUGUSTA, Maine — Fishermen, environmentalists and lawmakers from Maine’s coast called on the Trump administration Wednesday to exclude the North Atlantic from a plan to potentially reopen much of the nation’s coastline to oil and gas exploration.

Representatives with the Department of the Interior’s Bureau of Ocean Energy Management were in Augusta for an open house-style event to field questions about President Trump’s controversial offshore energy proposal. The draft plan released in January calls for reopening 90 percent of the Atlantic and Pacific seaboards to oil and gas drilling, a seismic shift from the 6 percent now available to energy companies. The public comment period on the draft plan closes Friday.

Just two of the 47 proposed lease sales would be in the North Atlantic region stretching from Maine to New Jersey. But the mere prospect of oil drilling in the Gulf of Maine or Georges Bank – and the accompanying environmental risks – was enough to draw more than 60 people to a pre-emptive event held before the bureau’s open house.

Kristan Porter, a fisherman from Cutler who is president of the Maine Lobstermen’s Association, recalled how one of his predecessors told Congress in 1970 that Maine fishermen were “100 percent against” allowing oil drilling in the Gulf of Maine. Nearly 50 years later, Porter said, nothing has changed.

“Allowing the exploration of oil and gas … could devastate our fisheries, our fishermen and our communities,” Porter said at a news conference. “Maine’s fishing industries are dependent on Maine’s clean water. Even minor spills could irreparably damage the Gulf of Maine.”

Porter was joined at the event by representatives of the Natural Resources Council of Maine and other environmental groups, the aquaculture industry, tourism advocates, and Democratic, Republican and independent politicians. All four members of Maine’s congressional delegation also oppose the plan.

Read the full story at the Portland Press Herald

 

MASSACHUSETTS: Gloucester again at center of drilling fight

March 8, 2018 — GLOUCESTER, Mass. — In the late-1970s, an unlikely alliance between environmentalists and commercial fishermen in this storied seaport helped block plans to open up Georges Bank to oil exploration — an effort that ultimately led to a federal moratorium on offshore drilling.

Georges Bank, a shallow and turbulent fish spawning ground southeast of Cape Ann and 100 miles east of Cape Cod, has been fished for more than 350 years. It is once again the center of a battle over drilling, this time stemming from President Donald Trump’s plan to allow private oil and gas companies to work in federal waters.

And, once again, Gloucester is poised to play an oversized role in opposing the efforts.

“It was a stupid idea back then, and it’s a stupid idea now,” said Peter Shelley, a senior attorney with the Conservation Law Foundation, which teamed up with Gloucester fisherman to fight the proposal more than three decades ago. “But yet here we are, fighting it once again. It’s ridiculous.”

The Trump administration says existing federal policy keeps 94 percent of the outer continental shelf off-limits to drilling. A five-year plan announced by Interior Secretary Ryan Zinke last year would open at least 90 percent of that area beyond state waters to development by private companies.

Read the full story at the Gloucester Times

 

Maine lobster industry facing many challenges, changes

February 21, 2018 — Maine’s lobster industry is pushing back against new rules that they say are costly and put onerous requirements on them to record data.

Maine does not have the funds to pay for the new reporting requirements mandated by the Atlantic States Marine Fisheries Commission, according to Patrice McCarron, the executive director of the Maine Lobstermen’s Association. McCarron said the new rule, which requires 100 percent of Maine lobstermen to report certain catch data over the next five years, is cost-prohibitive.

“We have more than 4,000 lobstermen, so we have no way to collect trip-level data from all of them,” she told SeafoodSource.

Currently, data is collected from only 10 percent of the state’s lobstermen. The MLA opposed the ASMFC’s proposal on the reporting requirement, explaining that the state does not have the funds for data collection and that its current data system has a 95 to 98 percent confidence interval level.

“The question for Maine is how do we pay for it. We need electronic reporting technology that would make it simple and fast,” McCarron said.

National Oceanic and Atmospheric Association lobster analyst Peter Burns said the more thorough reporting requirements are necessary to give scientists a fuller picture of how the fishery is performing.

“We have a big black hole of reporting somewhere in the Gulf of Maine and into Georges Bank,” Burns told the commission, according to the Portland Press Herald.

As a compromise, ASMFC is phasing in the more stringent reporting requirements over five years, which it said would give Maine time to implement an electronic reporting requirement that may reduce the burden placed on fishermen to comply with the rules.

Read the full story at Seafood Source

 

Maine: Benchmark study of lobsters begins

February 13, 2018 — In 2015, data collected in a benchmark assessment of New England lobster stocks showed record-high abundance for the combined stocks of the Gulf of Maine and Georges Bank and record lows for the lobster stock of southern New England.

Now, about three years later, the Atlantic States Marine Fisheries Commission is beginning preparations for the next American lobster benchmark assessment that is expected to be completed around March 2020.

“We’re in the very early stages right now,” said Jeff Kipp, senior stock assessment scientist at the Arlington, Virginia-based ASMFC that regulates the Northeast lobster fishery. “The process will be mostly data-driven.”

Nothing is certain in the periodic assessments of various seafood species. But if some recent projections hold, the 2020 assessment could sketch a different picture from the 2015 assessment, possibly reflecting the declining abundance predicted by a recent Gulf of Maine Research Institute study.

The study, compiled with the University of Maine and NOAA Fisheries, forecast a 30-year decline in the Gulf of Maine lobster boom that began around 2010. The culprit? Increasingly warmer temperatures in the Gulf of Maine, which scientists have said is warming faster than 99.9 percent of the rest of the world’s ocean waters.

“In the Gulf of Maine, the lobster fishery is vulnerable to future temperature increases,” the authors of the study wrote. “The researchers’ population projections suggest that lobster productivity will decrease as temperatures continue to warm, but continued conservation efforts can mitigate the impacts of future warming.”

The findings of the GMRI study were strongly disputed by some Maine lobster dealers and the state’s Department of Marine Resources. The Maine DMR criticized the GMRI computer model used to arrive at the study’s conclusions, calling it “an unreliable tool on which to base management decisions.”

The benchmark assessment of the region’s lobster populations — which will include data on lobster landings, lobster growth and prevalent diseases among the population — could go a long way toward determining exactly what is happening to the region’s American lobster stocks.

Read the full story at the Gloucester Times

 

NOAA to monitor 15 percent of fish trips

January 29, 2018 — Groundfishermen can expect to have at-sea monitors aboard 15 percent of all sector trips in 2018, representing a very slight decline from the groundfish sector coverage rates in place for the current fishing season.

The question now is whether NOAA Fisheries will find money to reimburse groundfishermen for their at-sea monitoring costs as the agency has in the past two seasons.

In 2017, NOAA reimbursed groundfishermen for 60 percent of their at-sea monitoring expenses — estimated at about $710 per day per vessel — which was down significantly from the 85 percent reimbursement provided fishermen in 2016, the first year the industry was responsible for funding at-sea monitoring.

“We await the enactment of a final Fiscal Year 2018 appropriations bill to determine what funding may be available for the upcoming fishing season,” NOAA Fisheries said in the statement announcing the 2018 at-sea monitoring targets.

The 2018 at-sea monitoring target, established by using at-sea monitoring data from the past three full groundfishing seasons, represents a 1 percent decline from 2017 levels of 16 percent of all groundfish sector trips and a 1 percent increase over the percentage of 2016 sector trips.

“The total monitoring coverage, ultimately, should provide confidence that the overall catch estimate is accurate enough to ensure that sector fishing activities are consistent (with federal national standards) to prevent overfishing while achieving on a continuing basis optimum yield from the fishery,” according to NOAA Fisheries’ summary of the analysis used to set the coverage rate.

Some sector trips are excluded from the new coverage target rate.

“Those using gillnets with 10-inch or greater mesh in Southern New England and Inshore Georges Bank are excluded from the ASM requirement due to their low catch of groundfish species,” NOAA Fisheries said. “This further reduces the portion of sector trips subject to industry-funded monitoring and better focuses monitoring resources.”

The New England Fishery Management Council is scheduled to discuss industry-funded, at-sea monitoring on Tuesday, the first day of its two-day meetings next week in Portsmouth, New Hampshire.

Read the full story at the Gloucester Times

 

Protection of Atlantic corals up for debate, approval

January 29, 2018 — PORTLAND, Maine — A federal panel is revisiting a proposal to offer new protections to deep-sea corals in the Atlantic Ocean.

The New England Fishery Management Council has been working on coral protections in the waters off New England for several years. The council approved protections in the Gulf of Maine in June, but held off on voting on protections for an area south of Georges Bank so it could get more information.

The council is meeting to again consider southern protections on Tuesday. If approved, the council could send the complete plan on to the federal Department of Commerce for implementation.

Read the full story from the Associated Press at the New Haven Register

 

US cod catch could soon make a comeback, NOAA says

January 19, 2018 — Atlantic cod catch in the United States was recorded at an all-time historical low in 2016, but a rebound for the fishery may be on the horizon, according to officials from the National Oceanic and Atmospheric Administration (NOAA).

Once a hallmark of New England’s commercial fishing sector, the Atlantic cod fishery has suffered plummeting catch volumes due to overfishing and environmental changes over recent years, The Associated Press reported, via The Bangor Daily News. However, cod stocks are showing some promising signs for the upcoming season, NOAA officials said, and quotas are on track to increase slightly in spring of 2018.

Cod fishermen in the Gulf of Maine and on Georges Bank can expect a bump in their quotas come 1 May. That’s a step in the right direction, Ben Martens, executive director of the Maine Coast Fishermen’s Association, said.

“The quotas are so constraining that there’s not a lot of opportunity and interest in targeting cod,” Martens told the Associated Press. “But we’re headed in the right direction.”

Considered a “choke species” by fishermen, once cod quotas are reached, fishing must cease outright. As such, many fishermen have been avoiding cod altogether, the AP reported.

Recent marine analysis has indicated more abundance of cod in the Gulf of Maine and Georges Bank, Jamie Cournane, groundfish plan coordinator with the New England Fishery Management Council, an arm of NOAA, told the AP. Such figures have prompted the council to propose doubling the commercial cod quota for both New England areas to nearly 3.9 million pounds, a move that’s still awaiting U.S. Department of Commerce approval, Cournane said.

Read the full story at SeafoodSource

 

Scallop Group Praises NMFS Decisions on Openings, But Still Wants Georges Bank Area as Well

January 18, 2018 — SEAFOOD NEWS — In a step towards balancing sustainable scallop fishing and environment protection, the National Marine Fisheries Service (NMFS) has approved the majority of Omnibus Fish Habitat Amendment 2 (OHA2).

The New England Fishery Management Council initiated OHA2 in 2004, and it was implemented in 2017 to update essential fish habitat designations, as well as designate new Habitat Areas of Particular Concern for Atlantic salmon and Atlantic cod. Now the council has received approval for habitat closures in the Great South Channel and western Georges Bank. According to a press release from the Fisheries Survival Fund, a group established to ensure the long-term sustainability of the Atlantic sea scallop fishery, the closures will “provide critical protections for species like Georges Bank cod, and will provide dramatically more protection for critical habitat than the nearly 20-year closures that they replace.”

The Fund is praising NMFS’ decision, saying that it creates “new opportunities for the successful scallop rotational management system.” However, they also have some concerns.

While NMFS approved habitat closures in the Great South Channel and western Georges Bank, they rejected habitat management in eastern Georges Bank. The Fund says that the area contains “some of the most historically rich scallop fishing areas in the world.”

“According to its decision memo, NMFS appears to have been seeking more information on how habitat-friendly rotational scallop fishing can be implemented to benefit both fishermen and habitat,” the Fund wrote in a press release. “In the meantime, the outmoded 20-year-old closures remain in place, despite zero evidence that these closures have done anything to promote groundfish productivity. In fact, the evidence suggests they have stymied economic growth and prevented optimization of scallop management.”

The Fisheries Survival Fund says that they hope NMFS is “willing to work on refining a solution to restore Northern Edge access.”

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

 

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