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Virginia: Will Lawmakers Agree to Menhaden Catch Limits?

February 21, 2018 — A battle over menhaden is underway in the Virginia General Assembly right now.

The oily, stinky fish makes up the biggest commercial fishery by volume on the Atlantic Coast, and more than 70 percent of its harvest is caught in Virginia waters. Menhaden also play a key role in the Chesapeake Bay’s food chain, as prey for sea birds, and bigger fish like rockfish.

The menhaden fishery is the only one regulated by the legislature, instead of the Virginia Marine Resources Commission or the Department of Game and Inland Fisheries. Thus, lawmakers must rewrite current menhaden catch limits in order to stay in compliance with the newest fishery management plan.

The plan, drawn up by the Atlantic States Marine Fisheries Commission (ASMFC) in November, increases the allowable catch for the entire menhaden fishery, but decreases Virginia’s Chesapeake Bay harvest cap to 51,000 metric tons, which is rounded up from the previous five-year average .  Read more about the new management plan here.

The bill first introduced in Virginia’s General Assembly this winter got stuck in committee, but Virginia State Delegate Barry Knight has introduced a new bill on behalf of Virginia Governor Ralph Northam, to comply with the ASMFC plan.

In a letter to Delegate Danny Marshall (R-Danville), the Chairman of the House Committee on Agriculture, Chesapeake and Natural Resources, Governor Northam writes, “Increases in stock abundance and relinquishment of quota from other states to Virginia have resulted in an increase of more than 4 million pounds of menhaden for the Commonwealth. Delegate Knight’s new bill reflects that, and does no harm to the menhaden industry.”

If the plan isn’t implemented, Virginia could fall out of compliance with the Interstate Fishery Management Plan, and the state could face a moratorium on all menhaden fishing.

Read the full story at Chesapeake Bay Magazine 

 

MAFMC: South Atlantic Fishery Management Council Seeks Input on Proposed Changes for Atlantic Cobia Management

January 11, 2018 — The following was released by the Mid-Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council are soliciting public input on proposed management changes for Atlantic cobia as they consider revising the current management system. Public hearings will be held via webinar with public listening stations beginning January 22, 2018. Information on the proposed changes is now available from the Council’s website at: http://safmc.net/safmc-meetings/public-hearings-scoping-meetings/. Written comments are also being solicited using the online comment form available from the website page.

Atlantic cobia are managed in federal waters along the Atlantic coast from Georgia through New York in cooperation with the Mid-Atlantic Fishery Management Council; two voting seats are provided to the Mid-Atlantic Council on the South Atlantic Council’s Mackerel Cobia Committee. This arrangement provides an opportunity to include the views of constituents from Virginia northwards. Cobia in federal waters off the east coast of Florida are considered part of the Gulf of Mexico migratory stock.  The management boundary for the two stocks was modified following a 2013 stock assessment and annual catch limits for each stock were set.  NOAA Fisheries determined the recreational catch limit for Atlantic cobia was exceeded in 2015, leading to a shortened season in 2016. Cobia harvested in both state and federal waters count toward the annual catch limit.  Subsequent overages occurred during 2016 and the recreational fishery was closed in federal waters on January 24, 2017.

In order to provide for effective management and fair and equitable access to the Atlantic cobia fishery without reducing protection to the stock, the Council is considering a range of alternatives for managing Atlantic cobia, from complementary management with the Atlantic States Marine Fisheries Commission (ASMFC) to removal of Atlantic cobia from the federal management unit. The ASMFC recently approved an Interstate Fishery Management Plan for Atlantic Cobia that will be implemented in April 2018.  Should the Council choose to remove Atlantic cobia from the current federal management unit, the ASMFC Interstate Plan would be applied to both state and federal waters, allowing for additional management flexibility.

Public Hearings for Atlantic Cobia Management

(Amendment 31 to the Coastal Migratory Pelagics Fishery Management Plan)

Public hearings will be conducted via webinar with listening stations as noted below. Attendance at the listening stations is encouraged but not required. During the public hearings, Council staff will present an overview of the amendment and will be available to answer questions via webinar. Area Council members or state agency representatives will be present at each of the listening stations. Members of the public will have an opportunity to go on record via webinar or at the listening stations to record their comments for consideration by the Council.

January 22, 2018 Webinar – begins at 6:00 PM

Listening Stations:

  1. Port Royal Sound Maritime Center: 310 Okatie Hwy, Okatie, SC 29909
  2. North Carolina Division of Marine Fisheries’ Central District Office: 5285 Highway 70 West, Morehead City, NC 28557
  3. Georgia Department of Natural Resources Coastal Division: One Conservation Way,Brunswick, GA 31523

January 23, 2018 Webinar – begins at 6:00 PM

Listening Station:

  1. Hatteras Community Center; 57689 NC Highway12,Hatteras, NC 27943

January 24, 2018 Webinar – begins at 6:00 PM

Listening Stations:

  1. Haddrell’s Point Tackle: 885 Ben Sawyer Blvd, Mt Pleasant, SC 29464
  2. Virginia Marine Resources Commission (The Maritime Building); 2500 Washington Ave., 4th Floor, Newport News, VA23607 *Note: The VA location is a state-organized listening station and was arranged to provide the public in Virginia the opportunity to attend and provide comments in-person.

Registration for each webinar is required. Registration information, along with public hearing documents, video presentations, and other materials is now available from the Council’s website at: http://safmc.net/safmc-meetings/public-hearings-scoping-meetings/. An online public comment form for written comments is also available. Comments must be received by 5 p.m. February 9, 2018 to be included in the briefing book materials for the Council’s March 5-9, 2018 meeting in Jekyll Island, GA.

The Council is also asking for public input on the timing of measures proposed in Amendment 31. A Stock Identification Workshop for Cobia is scheduled to begin in April 2018 as part of a benchmark stock assessment Atlantic cobia.

Learn more about the MAFMC by visiting their site here.

 

SAFMC: Public Hearings Scheduled for Atlantic Cobia Management

January 5, 2018 — The following was released by the South Atlantic Fishery Management Council: 

Fishermen and others interested in the management of Atlantic cobia are encouraged to provide recommendations to members of the South Atlantic Fishery Management Council as they consider revising the current management system for the stock. Public hearings will be held via webinar with public listening stations. Written comments will also be accepted.

Atlantic cobia are managed in federal waters along the Atlantic coast from Georgia through New York in cooperation with the Mid-Atlantic Fishery Management Council; two voting seats are provided to the Mid-Atlantic Council on the South Atlantic Council’s Mackerel Cobia Committee. This arrangement provides an opportunity to include the views of constituents from Virginia northwards. Cobia in federal waters off the east coast of Florida are considered part of the Gulf of Mexico migratory stock. The management boundary for the two stocks was modified following a 2013 stock assessment and annual catch limits for each stock were set. NOAA Fisheries determined the recreational catch limit for Atlantic cobia was exceeded in 2015, leading to a shortened season in 2016. Cobia harvested in both state and federal waters count toward the annual catch limit. Subsequent overages occurred the following year and the recreational fishery was closed in federal waters on January 24, 2017.

In order to provide for effective management and fair and equitable access to the Atlantic cobia fishery without reducing protection to the stock, the Council is considering a range of alternatives for managing Atlantic cobia, from complementary management with the Atlantic States Marine Fisheries Commission (ASMFC) to removal of Atlantic cobia from the federal management unit. The ASMFC recently approved an Interstate Fishery Management Plan for Atlantic Cobia that will be implemented in April 2018. Should the Council choose to remove Atlantic cobia from the current federal management unit, the ASMFC Interstate Plan would be applied to both state and federal waters, allowing for additional management flexibility.

Public Hearings for Atlantic Cobia Management

(Amendment 31 to the Coastal Migratory Pelagics Fishery Management Plan)

Public hearings will be conducted via webinar with listening stations as noted below. Attendance at the listening stations is encouraged but not required. The Council wants to ensure constituents from Virginia northwards are able to participate/comment and are encouraging them to participate in the hearing scheduled for January 23rd with a listening station available in Hatteras, NC (in-person or via webinar) or January 24th (via webinar).

During the public hearings, Council staff will present an overview of the amendment and will be available to answer questions via webinar. Area Council members will be present at each of the listening stations. Members of the public will have an opportunity to go on record via webinar or at the listening stations to record their comments for consideration by the Council.

January 22, 2018 Webinar – begins at 6:00 PM

Listening Stations:

  1. Port Royal Sound Maritime Center: 310 Okatie Hwy,Okatie, SC29909
  2. North Carolina Division of Marine Fisheries’ Central District Office: 5285 Highway

70 West, Morehead City, NC 28557

  1. Georgia Department of Natural Resources Coastal Division: One Conservation

Way, Brunswick, GA 31523

January 23, 2018 Webinar – begins at 6:00 PM

Listening Station:

Hatteras Community Center; 57689 NC-12, Hatteras, NC 27943

January 24, 2018 Webinar – begins at 6:00 PM

Listening Station:

Haddrell’s Point Tackle: 885 Ben Sawyer Blvd, Mt Pleasant, SC 29464

Registration for each webinar is required. Registration information along with public hearing documents, video presentations and other materials will be posted on the Council’s website at: http://safmc.net/safmc-meetings/public-hearings-scoping-meetings/ as they become available. An online public comment form for written comments will also be available and additional details for submitting written comments posted two weeks prior to the hearings.

Learn more about the SAFMC by visiting their site here.

 

Atlantic Menhaden Board Votes Against Ecological Management Plan For Fishery

November 17, 2017 — The Atlantic Menhaden Board voted earlier this week to stick to the status quo when managing the menhaden fishery and made slight changes to the annual catch limit. However, Saving Seafood, a group that represents the commercial fishing industry, has mixed feelings about those changes.

Menhaden are a forage fish found across the Atlantic Coast. The Board was considering implementing a new ecological-based management plan that was designed for forage fish.

The plan would have required fishermen to leave enough fish in the water for it to replenish itself and enough for predators to eat. However, the board voted no for the plan because it’s not specifically designed for menhaden.

Bob Vanasse, executive director at Saving Seafood, said the group agrees with the board’s decision.

“I think this was a strong statement that moving forward science needs to prevail, data needs to prevail and we need to look at this complex system in its complexity and not try apply a rule of thumb in every circumstance,” Vanasse said.

The menhaden board also voted to increase the annual catch quota by eight percent.

Read the full story at WNPR

 

NOAA Fisheries Seeks Comments on Proposed Rulemaking for American Lobster Fishery

November 15, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries seeks comments on the American lobster control date, changes to lobster trap gear marking requirements, and allowing substitute vessels to fish lobster traps for federally permitted but inoperable vessels.

In accordance with the Atlantic States Marine Fisheries Commission’s Addenda XXI and XXII to Amendment 3 of the Interstate Fisheries Management Plan for American Lobster, NOAA Fisheries may select January 27, 2014, or another date, as a control date for the lobster fishery, depending on public comment and input from the Commission.

The control date may be applicable, but not limited, to restricting the number of traps or permits an individual or business entity may own, with emphasis on Lobster Conservation Management Areas 2 and 3.

Part of the reason for this action is the continued poor condition of the Southern New England lobster stock. The stock has been experiencing recruitment failure (not enough young lobsters) since the early 2000s, which may be caused by both environmental factors and fishing.

Read the Advance Notice of Proposed Rulemaking as published today in the Federal Register.

The comment period is open through December 15.

Provide comments through regulations.gov, or send comments by mail to John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Please mark the outside of the envelope: “Comments on Lobster ANPR.”

To learn more about NOAA visit their site here.

 

ASMFC Approves Interstate FMP for the Atlantic Migratory Group Cobia

November 15, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

Linthicum, MD – The Atlantic States Marine Fisheries Commission approved the Interstate Fishery Management Plan (FMP) for Atlantic Migratory Group (AMG). The FMP complements many of the aspects of the South Atlantic Fishery Management Council’s (SAFMC) cobia regulations for federal waters extending from Georgia through New York.  The FMP was initiated in response to recent overages of the federal annual catch limit (ACL) for AMG Cobia. Managing the recreational ACL on a coastwide basis has resulted in federal closures and significant overages in 2015 and 2016, disrupting fishing opportunities and jeopardizing the health of the stock. 

Under the Interstate FMP, the recreational fishery will be managed with a one fish bag limit and minimum size limit of 36” fork length (FL) or total length equivalent.  Vessel limits will be determined once individual states set their seasonal restrictions, but may not exceed six fish per vessel.  State-specific allocations of a coastwide recreational harvest limit that is equivalent to the federal AMG cobia ACL of 620,000 pounds result in the following state-specific soft targets:

 
·         Georgia: 58,311 pounds
·         South Carolina: 74,885 pounds
·         North Carolina: 236,316 pounds
·         Virginia: 244,292 pounds
 
Recreational harvest overages of specific-state allocations will be evaluated over a three-year time period. If overages occur, states will be required to adjust management measures to reduce harvest in the subsequent three-year period.
 
The commercial fishery will maintain the current management measures as implemented through the SAFMC FMP and continue to be managed with a 33” FL minimum size limit and two fish limit per person, with a six fish maximum vessel limit.  The federal ACL of 50,000 pounds is allocated to the entire commercial fishery from Georgia through New York.  The commercial AMG cobia fishery will close once the ACL is projected to be reached.
 
The FMP provides the opportunity for states to declare de minimis status for their recreational fishery if landings constitute less than 1% of the recreational AMG cobia harvest. States must submit implementation plans to the Commission by January 1, 2018 for Technical Committee review and Board approval at the February 2018 meeting in Alexandria, Virginia. Approved plans must be implemented by April 1, 2018. The FMP will be available on the Commission’s website, www.asmfc.org, in early December. For more information, please contact Dr. Louis Daniel, Fishery Management Plan Coordinator, at ldaniel@asmfc.org or 252.342.1478.
To learn more about the ASMFC visit their site here.

ASMFC Approves Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden

November 15, 2017 — The following was released by the Atlantic States Marine Fisheries Commission: 

Linthicum, MD – The Atlantic States Marine Fisheries Commission has approved Amendment 3 to the Interstate Fishery Management Plan (FMP) for Atlantic Menhaden.  The Amendment maintains the management program’s current single-species biological reference points until the review and adoption of menhaden-specific ecological reference points as part of the 2019 benchmark stock assessment process. It also addresses a suite of commercial management measures including allocation, quota transfers, quota rollovers, incidental catch, the episodic events set aside program, and the Chesapeake Bay reduction fishery cap.

In addition to its Amendment 3 deliberations, the Board set the total allowable catch for the 2018 and 2019 fishing seasons at 216,000 metric tons (mt) with the expectation that the setting of the TAC for subsequent years will be guided by menhaden-specific ecological reference points.

“Through adoption of Amendment 3 and the setting of the 2018 and 2019 TAC at a risk-averse level, the Board has demonstrated its continued commitment to manage the menhaden resource in a way that balances menhaden’s ecological role with the needs of its stakeholders,” stated Board Chair Robert Ballou of Rhode Island. “While the Amendment maintains the current reference points, the Board placed the development of menhaden-specific ecological reference points as its highest priority.  While the Board’s action was not supported by the majority of public comment received, it is still a conservative management action relative to our understanding of stock status and many of the positive signals we see in the current stock conditions. Specifically, the 2017 Stock Assessment Update indicated the resource remains healthy, with increases in abundance particularly in the norther states. Risks to the resource under our current reference points are well understood, while changes to the TAC under the general forage fish guidelines are not as well understood. Further, the approved TAC, which represents a modest 8% increase in the coastwide quota, has zero percent chance of subjecting the resource to overfishing or causing it to be overfished.”

Amendment 3 also changes fishery allocations in order to strike an improved balance between gear types and jurisdictions. The Amendment allocates a baseline quota of 0.5% to each jurisdiction, and then allocates the rest of the TAC based on historic landings between 2009 and 2011 (see table below). This measure provides fishing opportunities to states which currently have little quota while still recognizing historic landings in the fishery. The Board also agreed to maintain the quota transfer process, prohibit the rollover of unused quota, maintain the 6,000 lb trip limit for non-directed and small-scale gears following the closure of a directed fishery, and set aside 1% of the TAC for episodic events in the states of New York through Maine. “The Board worked collaboratively and effectively to forge an outcome that is fair and responsive to the needs and interest of all East Coast states” said Chair Ballou.

Table 1. Amendment 3 allocation percentages based on a 0.5% fixed minimum during the 2009-2011 timeframe.

State Allocations (%)
Maine 0.52%
New Hampshire 0.50%
Massachusetts 1.27%
Rhode Island 0.52%
Connecticut 0.52%
New York 0.69%
New Jersey 10.87%
Pennsylvania 0.50%
Delaware 0.51%
Maryland 1.89%
Potomac River Fisheries Commission 1.07%
Virginia 78.66%
North Carolina 0.96%
South Carolina 0.50%
Georgia 0.50%
Florida 0.52%
Total 100%

Finally, the Amendment reduces the Chesapeake Bay cap, which was first implemented in 2006 to limit the amount of reduction harvest within the Bay, to 51,000 mt from 87,216 mt. This recognizes the importance of the Chesapeake Bay as nursery grounds for many species by capping recent reduction landings from the Bay to current levels.

States must submit implementation plans to the Commission by January 1, 2018 for final implementation by April 15, 2018. The Amendment will be available on the Commission’s website, www.asmfc.org, by the end of November. For more information, please contact Megan Ware, Fishery Management Plan Coordinator, at mware@asmfc.org or 703.842.0740.

To learn more about the ASMFC visit their site here.

 

Fishing Companies: Environmentalists Are Wrong About Menhaden Fishery

November 13, 2017 — Fishing companies are at odds with Rhode Island environmental advocacy groups over proposed changes for the menhaden fishing industry.

Changes to the Interstate Fishery Management Plan for Atlantic Menhaden are up for a vote at the Atlantic States Marine Fisheries Commission meeting in Maryland this Monday and Tuesday.

The commission’s Atlantic Menhaden Management Board is considering a new amendment that would tie menhaden catch limits to the role they play in the ecosystem. The fish are a primary food source for larger fish, such as striped bass, marine mammals, and birds, such as osprey.

Rhode Island environmental groups support the approval of a temporary ecological-based management plan to make sure there’s enough menhaden in Narragansett Bay for predators to eat. Those temporary rules would be adjusted as more data becomes available.

Read and listen to the full story at Rhode Island Public Radio

ASMFC Tautog Board Approves Draft Amendment 1 for Public Comment

May 10, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Tautog Management Board approved Draft Amendment 1 to the Interstate Fishery Management Plan (FMP) for Tautog for public comment. The Draft Amendment proposes a fundamental change in tautog management, moving away from management on a coastwide basis towards regional management. In addition, Draft Amendment 1 proposes the establishment of a commercial harvest tagging program, as well as new goals and objectives, biological reference points and fishing mortality targets, and a stock rebuilding schedule.

Draft Amendment 1 proposes delineating the stock into four regions due to differences in biology and fishery characteristics, as well as limited coastwide movement.  

Management options by region have been developed in response to the 2016 stock assessment update. Long Island Sound and New Jersey-New York Bight would be required to take harvest reductions due to the regional overfishing stock status, while Massachusetts-Rhode Island and Delaware-Maryland-Virginia would not have to take harvest reductions, but are proposing regional measures.

A commercial harvest tagging program is being proposed to address an illegal, unreported and undocumented fishery that has persisted for more than a decade. Reports of illegally harvested fish have been documented in cases against fishermen, fish houses, and at retail markets and restaurants. The tagging program, which would accommodate both the live and dead commercial markets, was recommended by the Commission’s Law Enforcement Committee to increase accountability in the fishery and curb illegal harvest. A tautog tag trial was conducted to investigate the impact of the tags on the resource and found no mortality or degradation to fish health.

It is anticipated the majority of states from Massachusetts through Virginia will be conducting public hearings on the Draft Amendment. The details of those hearings will be released in a subsequent press release. The Draft Amendment will be available on the Commission website, www.asmfc.org (under Public Input) by May 15th. Fishermen and other interested groups are encouraged to provide input on the Draft Amendment either by attending state public hearings or providing written comment. Public comment will be accepted until 5:00 PM (EST) on July 14, 2017 and should be forwarded to Ashton Harp, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at aharp@asmfc.org (Subject line: Draft Amendment 1).

Final action on the Amendment is scheduled to occur in August. For more information, please contact Ashton Harp, Fishery Management Plan Coordinator, at aharp@asmfc.org or 703.842.0740.

ASMFC Atlantic Herring Section Approves Addendum I

May 10, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved Addendum I to Amendment 3 of the Interstate Fishery Management Plan for Atlantic Herring. The Addendum includes management measures intended to stabilize the rate of catch in the Area 1A fishery and distribute the seasonal quota throughout Trimester 2 (June through September), which has 72.8 % of the season’s allocation. The following measures were approved by the Section:

Days Out Program (effective for the 2017 fishing season)

The Section will separately address days out provisions for federal herring Category A vessels and small-mesh bottom trawl vessels with a federal herring Category C or D permit.

  • In addition to landing restrictions associated with the days out program, Category A vessels are now prohibited from possessing herring caught from Area 1A during a day out of the fishery.
  • Small-mesh bottom trawl vessels with a Category C or D permit will notify states of their intent to fish in Area 1A prior to June 1st.

Maine, New Hampshire and Massachusetts will make days out decisions by consensus. If a consensus cannot be reached, then the default landing day scenario will be zero landing days.

Weekly Landing Limit (effective for the 2017 fishing season)

The Addendum implements a weekly harvester landing limit for vessels with a Category A permit. The weekly limit will be adjusted throughout the fishing season based on effort. Forty-five days prior to the start of the fishing season, Category A vessels will notify states of their intent to fish in Area 1A, including a specification of gear type. This will provide states with an estimate of effort to calculate the weekly landing limit. For the 2017 fishing season, the notification date is set at May 23rd.

New Fishery Management Plan Tools

The following measures may be considered as potential management tools prior to the start of the fishing year:

  • Herring caught in Area 1A can only be landed by the respective harvester vessel (i.e. no carrier vessels)
  • Herring carrier vessels are limited to receiving at-sea transfers from one harvester vessel per week and landing once per 24-hour period

State Landing Report

NOAA Fisheries has granted access to vessel monitoring system-submitted daily catch report data for select staff in Maine, New Hampshire and Massachusetts. This will provide real-time data for the states to implement a weekly landing limit. Therefore, the implementation of a state landing report is not necessary at this time. The Section will include the option to implement a state landing report as part of the interstate fishery management program if it becomes necessary at a future date. The Addendum will be available on the Commission website, www.asmfc.org(on the Atlantic Herring webpage).

The Section also approved continuing the use of the GSI30-based forecast system to determine spawning closures in Area 1A. This method was developed by the Technical Committee, then tested and evaluated for effectiveness during the 2016 fishing season. The modified GSI‐based spawning monitoring system tracks reproductive maturity to align the timing of spawning area closures with the onset of spawning. The modeling efforts to forecast the spawning closures will be made available via a website.

For more information, please contact Ashton Harp, Fishery Management Plan Coordinator, at aharp@asmfc.org or 703.842.0740.

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