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NOAA Fisheries Seeks Comments on Proposed Rule for Mid-Atlantic Council Fishery Management Plans

July 19, 2017 — The following was released by NOAA:

NOAA Fisheries is requesting comments on a proposed rule to implement the Omnibus Acceptable Biological Catch (ABC) Framework Adjustment for the Mid-Atlantic Council’s fishery managing plans (FMPs). We are proposing to:

  • Modify the Mid-Atlantic Fishery Management Council’s risk policy to allow use of constant multi-year ABCs if the average overfishing probability adheres to the appropriate risk policy goal.
  • Automatically incorporate new or updated biological data at the conclusion of stock assessment peer reviews for all the Mid-Atlantic Council’s FMPs.
  • Add regulatory language clarifying the assessment level designations for the Council’s ABC control rule.

We are accepting comments through August 18, 2017.

Read the proposed rule and supplemental documents.

Please submit comments either through the online e-rulemaking portal or by mailing your comments to:

John Bullard, Regional Administrator

National Marine Fisheries Service

55 Great Republic Drive

Gloucester, MA, 01930.

Please mark the outside of the envelope, “Comments on the Proposed Rule for ABC Omnibus Amendment.”

John Bullard announces retirement from NOAA

July 12, 2017 — John Bullard, NOAA Fisheries Greater Atlantic Regional Administrator, formally announced Wednesday that he will retire on Jan. 5.

“We wish John well,” New England Council Executive Director Tom Nies said in a statement. “He is always willing to work with the council to find management solutions and empowers those around him to actively participate in the process, which is one of his key accomplishments.”

Bullard took the post in July 2012. It followed positions including mayor of New Bedford, a spot within the Clinton administration and president of Sea Education Association.

“As the former mayor of New Bedford, Bullard brought with him a unique connection to the fishing industry, and used that connection to improve communication with all aspects of the industry and Congress during a very challenging period for the agency,” said Sam Rauch, NOAA Fisheries deputy assistant administrator for regulatory programs in a statement.

NOAA will launch a search for Bullard’s replacement within the next several months.

After Bullard’s announcement, NOAA praised his accomplishments during his five years with he organization.

Bullard helped manage 44 fish stocks, including scallop and lobster, which are worth $500 million each, NOAA said.

During his tenure, he oversaw efforts to reduce entanglements for marine life in the Atlantic Ocean and helped develop strategies to repopulate rivers in New Hampshire, Maine and Massachusetts.

In 2016, he approved the Mid-Atlantic Council’s deep-sea coral amendment, which protected 15 deep-sea canyons totaling 24 million acres.

“John is an example of public service and more importantly, an example of working with stakeholders to have a positive impact on tough issues,” said Dr. Jon Hare, science and research director at NOAA’s Northeast Fisheries Science Center, in a statement. “I will miss working with him and am thankful for his time as regional administrator.”

Read the full story at the New Bedford Standard-Times

NOAA Fisheries Greater Atlantic Regional Administrator Announces Retirement

July 12, 2017 — The following was released by NOAA:

NOAA Fisheries Greater Atlantic Regional Administrator John Bullard today formally announced he will retire on January 5, 2018. Bullard, who took the top job in the agency’s Gloucester-based office in 2012, will leave a legacy of improved relationships with the regulated community, the research community, environmentalists, local, state, and federal officials and agency partners, including the New England and the Mid-Atlantic fishery management councils and the Atlantic States Marine Fisheries Commission.

As the regional administrator responsible for leading the agency’s approach to fisheries, habitat, sea turtle, and marine mammal issues from Maine to North Carolina as well as the Great Lakes region, Bullard also provided a much-needed conduit helping the regulated communities understand the critical role of science in informing management decisions.

“As the former Mayor of New Bedford, Bullard brought with him a unique connection to the fishing industry, and used that connection to improve communication with all aspects of the industry and Congress during a very challenging period for the agency,” said Sam Rauch, NOAA Fisheries Deputy Assistant Administrator for Regulatory Programs.

As Regional Administrator, Bullard worked with the fishery management councils and the commission to manage 44 fish stocks, including two, scallops and lobster, worth more than $500 million each.

During his tenure, he faced the daunting New England groundfish crisis. Bullard met the challenge head on, making the tough and unpopular decision to impose emergency closures when the New England Council failed to act.

“I know how difficult these issues are, and I tried to tackle them with courage and compassion,” says Bullard.

Bullard worked with Congress and state directors to deliver $32.8 million in disaster assistance to affected fishing families and communities. In close collaboration with the New England Council, Bullard then put quotas and closures in place to protect cod and other depleted fish stocks.

“We wish John well,” said New England Council Executive Director Tom Nies. “He is always willing to work with the council to find management solutions and empowers those around him to actively participate in the process, which is one of his key accomplishments. That may go unnoticed by many, but it is one of the reasons our council has been able to complete so many management actions during his tenure.”

Bullard’s leadership in protecting living marine resources included removing approximately 30,000 miles of rope from Atlantic coastal waters to reduce whale entanglements and expanding critical habitat for North Atlantic right whales in the region by more than 25,000 nautical miles. He also oversaw development of a strategy to restore river herring populations, imposed catch caps on mackerel and herring fisheries, and removed dams and created fish passages to double fish runs in key Maine, New Hampshire, and Massachusetts rivers.

“For me, John is an example of public service and more importantly, an example of working with stakeholders to have a positive impact on tough issues,” said Dr. Jon Hare, science and research director at NOAA’s Northeast Fisheries Science Center. “I will miss working with him and am thankful for his time as regional administrator.”

Bullard strongly supported groundbreaking actions created to bolster the Mid-Atlantic region’s important recreational and commercial fisheries. In 2016, he approved the Mid-Atlantic Council’s deep-sea coral amendment that protects 15 deep-sea canyons and a total area of 24 million acres, about the size of Virginia, where fragile, slow-growing corals live. These hotspots of biodiversity provide important habitat, refuge, and prey for fish and other marine life. Bullard has also advanced an action to protect small schooling fish, also known as forage fish, which serve as prey for larger fish, marine mammals, and sea birds. This would be the first ever action on the Atlantic coast to designate forage fish as important parts of the ecosystem and provide protection for them.

“Throughout his tenure as regional administrator, John has been an engaged and dedicated participant in the council process, and he has played an important role in increasing focus on the Mid-Atlantic portion of the Greater Atlantic Region,” said Chris Moore, executive director of the Mid-Atlantic Fishery Management Council. “His insight and leadership have been especially valuable to the Mid-Atlantic Council during the development of several new initiatives such as the Deep Sea Corals Amendment, the Unmanaged Forage Fish Amendment, and the development of an ecosystem approach to fisheries management.”

Bullard also led the charge to modernize access and sharing of fishery dependent data in cooperation with the Northeast Fisheries Science Center, the fishing industry, the councils and the Atlantic Coastal Cooperative Statistics Program. He championed electronic monitoring pilot projects on fishing vessels with partners in the industry and environmental non-government organizations to increase coverage and improve the data on which our science is based.

“It’s been an honor and pleasure to work with John. He has been a strong supporter of state/federal cooperation in the management of our shared marine resources,” said Bob Beal, executive director of the Atlantic States Marine Fisheries Commission. “We are grateful for his contributions to sustainable management and wish him the very best.”

“I’m really proud of the work I’ve done with the GARFO team. They are intelligent, hard-working, and caring professionals, and I rely on them every day to make me smart on the many issues we face,” said Bullard, who has no plans to slow down before he leaves. “There is work left to do before I leave—very important work. Still on my list are the Omnibus Habitat Amendment, the New England Council’s Deep Sea Coral Amendment, some critical dam removals, electronic monitoring, the Carlos Rafael situation, the summer flounder crisis, and the continuing groundfish challenge, among others.”

However, once he does bid the agency goodbye, he plans to literally sail into the sunset, provided the weather is warm enough!

The agency will launch a search for Bullard’s replacement within the next several months.

Read the full release here

JOHN BULLARD: There Is No Silver Bullet for Groundfish

June 16, 2017 — The great philosopher Yogi Berra said, “You can observe a lot by watching.” You can also learn a lot by listening. I try to do a lot of listening. I think it’s the most important part of my job, and of all of our jobs at the Greater Atlantic Regional Fisheries Office and the Northeast Fisheries Science Center.

With all of the activity in the last couple of months, there has certainly been a LOT to listen to. For example, we held recreational roundtable meetings in New Jersey and New Hampshire and a commercial roundtable in New Bedford. We also attended the New England and Mid-Atlantic Fishery Management Council meetings and an Atlantic States Marine Fisheries Commission meeting. And let’s not forget the daily meetings, emails, and phone calls with stakeholders.

What did we hear? We heard about recreational catch estimates and allocations among different fishing sectors. We heard reports on the Standardized Bycatch Reduction Methodology and observer coverage for last year and next. We heard progress reports on electronic monitoring projects. And, in every hallway, there has been talk of the Carlos Rafael case and its potential impact on the groundfish industry.

While obviously I can’t comment on the specifics of an ongoing case, I am going to comment on a larger issue that I think is important. To put it briefly: There’s no such thing as a silver bullet.

When people come up to me passionately lamenting that Amendment 18 will not do enough to address consolidation within the groundfish fleet, I understand their passion. The power of a very large fleet can be misused. But, I wonder if they are looking to Amendment 18 to be a silver bullet that will singlehandedly solve this problem.

Some blame sector management for our troubles. I don’t buy it. Instead, I see the ability of the private sector to manage quota with accountability, flexibility, and initiative. All of these are necessary ingredients for a healthy fishing industry, especially in tough times.

At many meetings, people line up to decry the science and management. And yet, some of the same people who condemn the status quo are the ones who advocate for no action. It causes me to wonder whether or not we share the same sense of urgency towards improving the accuracy of our data, which is needed to gain more confidence in our scientific models, which is needed to improve our management. The status quo is short-sighted and leaves us with few options.

I see a system under a lot of stress. When there is a lot of stress, there is a tendency to blame:  Blame the science. Blame woeful observer coverage levels. Blame errors in reporting or illegal discarding. Blame the management. Blame fleet consolidation or the sector system. Blame overfishing over the years. Blame warming ocean waters. Blame NOAA Fisheries. Blame the Councils. Point the finger somewhere.

Just as there is the tendency to blame, there is also the quest for the silver bullet. While understanding causes is essential to providing solutions, an emphasis on blame can be distracting and destructive, especially if the fingers never point in the mirror. The solution is likely to be a network of responses rather than a single answer. A network that will provide accuracy, accountability, and efficiency.

I think that network of answers has several fundamental elements:

  • A renewed management focus on optimum yield and business flexibility that follows on the heels of improved monitoring and complete accountability, and that provides diversity and stability to the groundfish fleet.
  • A revamped Office of Law Enforcement that will continue to help fishermen comply with the rules and root out the few bad apples. Nearly every single fisherman works hard to comply with complicated regulations to bring quality seafood to the consumer. So when the occasional violator decides the rules don’t apply to him, that person is stealing from his neighbors and emboldening others to cheat, and needs to be brought to justice. Our Law Enforcement team is doing just this with increasing efficiency.
  • An improved monitoring program that will provide full accountability and full coverage. The program will tap into emerging technologies with increased use of electronic monitoring coverage by either the “trust but verify model” or “maximized retention/ dockside sampling model.” The resulting increase in accuracy and shared sense of responsibility for effective monitoring and management of this fishery may allow uncertainty buffers to be reduced, which could then allow us to increase quotas.
  • Improved and integrated science that includes fishermen and their insights into the design, implementation, and interpretation of science, a wider understanding of ecosystem changes, and better communication and coordination with stakeholders, all of which ultimately leads to wider acceptance of results. The best science is transparent, timely, adaptable to our rapidly changing environment, and allows us to make better management decisions.

There is no silver bullet. Each of these elements is equally important in transforming the groundfish fishery into a one that provides a stable source of protein for U.S. consumers, and a stable source of jobs for New England fishermen.

New England groundfish is certainly not the only fishery with high profile enforcement cases or challenging scientific questions. But these issues are most acute in groundfish—one of the most iconic and complex fisheries in the world. The fishery has been dealt a series of devastating blows, and the cumulative effects have finally caught up to us.

Yogi Berra also said, “When you come to the fork in the road, take it.” Well we’re at a fork in the road in groundfish management. The status quo has gotten us record low abundance in some stocks, arguments about the science, pressures to discard legal fish that have proven as irresistible to avoid as they are to acknowledge, and all of us skirting the truth in many ways at a cost to the fishery and future generations. Seeking accuracy should not be something that anyone gets penalized for. Rather, we must remove the disincentives for full accountability and full coverage. We have to bring illegal discarding out of the shadows. Talk about it. Acknowledge it. Account for it.

If anyone thinks that the status quo is good enough, then they haven’t been paying attention.

Read the full statement here

NOAA Fisheries Seeks Comments on Proposed Monkfish Management Measures

May 9, 2017 — The following was released by NOAA:

NOAA Fisheries is requesting comments on a proposed rule to implement Framework Adjustment 10 to the Monkfish Fishery Management Plan. This action proposes to increase monkfish quotas for the next three fishing years.

The measures would increase quota in the Northern Fishery Management Area by 8.27% and would increase the incidental landing limits for vessels fishing on a groundfish Day-at-Sea:

  • Category C: from 600 to 900 lb tail weight/DAS
  • Category D: from 500 to 750 lb tail weight/DAS.

For the Southern Fishery Management Area, quota would increase by 0.96%, and the DAS allocation and trip limits would increase by 15 percent. Monkfish permitted vessels could fish in the SFMA for 37 DAS, up from 32. Trip limits would also increase:

  • Category A and C: from 610 to 700 lb tail weight/DAS
  • Category B and D: from 500 to 575 lb tail weight/DAS 

These proposed management measures are designed to increase monkfish landings, provide operational flexibility, and increase economic efficiency.

To get all the details on these proposed management measures, read the proposed rule as published in the Federal Register today and the background documentsposted on our website.

We are accepting comments through May 24.

Please submit comments either through the online e-rulemaking portal or by mailing your comments to:

John Bullard, Regional Administrator

National Marine Fisheries Service

55 Great Republic Drive

Gloucester, MA, 01930.

Please mark the outside of the envelope, “Comments on the Proposed Rule for Monkfish Framework 10.”

Questions? Contact Jennifer Goebel at 978-281-9175 or jennifer.goebel@noaa.gov

MASSACHUSETTS: Labor Council latest to make plea for Carlos Rafael permits to remain in New Bedford

May 8, 2017 — The line of organizations with their eyes focused on the future of Carlos Rafael’s fishing permits continued to grow Friday.

The Greater Southeastern Massachusetts Labor Council addressed a letter to John K. Bullard, NOAA’s regional director from Maine to Cape Hatteras, North Carolina, as well as U.S. Attorney William Weinreb that urged the two men “to allocate the fishing permits now controlled by Carlos Rafael to the New Bedford area.”

“We sent a letter basically because of the fishing industry in New Bedford,” Cynthia Rodrigues, president of the council said. “(The permits landing elsewhere) will hurt the fishing in New Bedford.”

Bullard said he couldn’t comment on matters under litigation but saw no issues with parties announcing their opinions on the matter.

“I think it is perfectly fine for people to weigh in on what they think should happen in this case. It is a significant case and many people have been impacted,” he said. “There is nothing wrong with people letting us know how they feel about this case or what they think the government should do. That is perfectly appropriate at any time. But the case is under litigation.”

Read the full story at the New Bedford Standard-Times

Troubled waters, heartfelt stories in ‘Sacred Cod’

April 13, 2017 — Of the two sacred emblems of Massachusetts — the bean and the cod — the cod gets all the glory but the bean is certainly more environmentally secure.

For centuries fishermen from Gloucester have relied on cod — and the world has relied on them to provide it — but recently scientists have determined that the fish stocks are being depleted at an unsustainable rate and soon there will be no more cod to fish. The fishermen protest that because of the regulations imposed on them, soon there will be no fishermen left to do the fishing.

Andy Laub, Endicott College’s Steve Liss, and Boston Globe reporter David Abel’s thoroughly researched, reasoned and surprisingly moving documentary “Sacred Cod,” premiering Thursday at 9 p.m. on Discovery, gives time to both sides. They offer warm, robust, and sympathetic portraits of these Gloucestermen with their powerful work ethic, fierce love of family, and faith in the American Dream. And they also thoughtfully and thoroughly present the point of view of the bureaucrats and scientists who are trying to do what’s best with the information they have. Emerging as heroes are those willing to consider both sides and seek new solutions.

On one level, the debate comes down to point of view. Based on their extensive research and analysis, the scientists of the National Oceanic and Atmospheric Administration (NOAA), the agency studying the problem and issuing regulations, say that the cod stock has declined to a fraction of what it must be to remain sustainable. The fishermen take a more empirical and anecdotal approach; they say that the figures are wrong, that from their experience plenty of cod are still out there. One fisherman takes John Bullard, NOAA’s regional administrator, on a fishing trip. The trawling net disgorges a mountain of fish. “There it is, the elusive cod!” the fisherman scoffs. He tells Bullard that he has just caught his entire annual quota in 45 minutes.

Read the full story at the Boston Globe

SEAN HORGAN: Bullard pushes case for electronic monitoring

April 10, 2017 — The FishOn gang was kicking around the subject of at-sea monitoring at our decennial staff meeting the other day and we came to a conclusion that absolutely no one can reasonably refute:

That singing in the rails means electronic monitoring is coming at some point to the Northeast groundfish industry and there ain’t no stopping that train.

Beyond that, nothing is certain.

How much will it cost fishermen to buy and install the system? Will the feds subsidize those purchases and associated costs? Will the systems be used on every trip and will they be active for every minute? What are the legal and privacy implications? Will the footage actually be viewed by computers and not humans? On and on it goes.

In the end, this could be a fight that makes the quota contretemps seem like high tea.

NOAA Regional Director John K. Bullard, making his first start of the year, came out last week throwing a mixture of heat and fluffy stuff in an open message to the fishery concerning EM.

He spent much of the top of the piece with off-speed stuff just off the outside corner in explaining why it is actually unfair “and a bit premature” to want to compare the costs of EM and traditional at-sea monitoring.

Read the full opinion piece at the Gloucester Times

Atlantic Ocean Area The Size Of Virginia Protected From Deep-Water Fishing

December 19, 2016 — Coral in an area in the Atlantic Ocean stretching from Connecticut to Virginia has been protected from deep-sea commercial fishing gear, by a new rule issued this week by the National Oceanic and Atmospheric Administration.

The protected area covers some 38,000 square miles of federal waters, NOAA says, which is about the size of Virginia. It’s the “largest area in the U.S. Atlantic and Gulf of Mexico protected from a range of destructive fishing gear,” according to the NRDC, an environmental advocacy group.

The new regulations prohibit the use of bottom-tending fishing gear at depths below 1,470 feet. Boats are allowed to cross the protected area as long as they bring the banned heavy gear on board while they do so, according to the text of the rule. It is set to go into effect on Jan. 13.

It’s named the Frank R. Lautenberg Deep Sea Coral Protection Area, in honor the former New Jersey senator who was an advocate for marine conservation.

Coral grows extremely slowly and is vulnerable to damage from this kind of heavy equipment that drags along the sea floor. As the NRDC put it: “One pass of a weighted fishing trawl net can destroy coral colonies as old as the California redwoods in seconds.”

“They’ve lived a long time but they live in an environment that is cold, with huge pressure, without light,” Joseph Gordon, Pew Charitable Trust’s manager of U.S. northeast oceans, told Delaware Public Media. “And so fishing technology could damage them in a way that could take centuries to recover from.”

The area is also home to many other animals, the NRDC adds, “including the endangered sperm whale, as well as sea birds, sea turtles, tunas, sharks, billfish, and countless other species.”

The Mid-Atlantic Fishery Management Council began to look into setting up a protected area here in 2013, and NOAA issued a proposed federal rule in September 2016. It was finalized on Wednesday.

John Bullard, Regional Administrator for the Greater Atlantic Regional Fisheries Office, hailed this rule as a “great story of regional collaboration among the fishing industry, the Mid-Atlantic Council, the research community, and environmental organizations to protect what we all agree is a valuable ecological resource.”

And Bob Vanasse, the executive director of Saving Seafood, which represents the commercial fishing industry, told Virginia’s Daily Press that he thinks this is “the right way to protect these resources.”

Read the full story at NPR

New England Fishery Managment Council Welcomes News: Barndoor Skates Declared “Rebuilt”

October 7, 2016 — The following was released by the NEFMC: 

In a management success story that came after years of highly restrictive measures, the New England Fishery Management Council is welcoming the recent declaration that “barndoor skate is now considered rebuilt based on the best available scientific information.” Barndoor skate has been a prohibited species for commercial and recreational fishermen since 2003 when the Council’s Northeast Skate Complex Fishery Management Plan (FMP) was implemented and the stock was considered to be overfished.

The Council was informed of this change in status through a Sept. 30 letter from Regional Administrator John Bullard of the National Marine Fisheries Service’s (NMFS) Greater Atlantic Regional Fisheries Office.

Council Chairman Dr. John Quinn noted that in 1999, NMFS received two petitions to list barndoor skate as threatened or endangered under the Endangered Species Act (ESA).

“We’ve come a long way since then,” Quinn said.

In 2002, NMFS determined that an ESA listing was not warranted because of several “positive trends” in the population, which included: “recent increases in abundance of barndoor skate observed during trawl surveys; the expansion of known areas where barndoor skate have been encountered; increases in size range; and the increase in the number of small barndoor skate that have been collected.”

The stock has continued to improve over the years and many fishermen have reported encountering higher numbers of barndoor skate in many areas. In light of the stock’s rebuilt status, some now are asking whether the Council will allow future landings. The answer is: It’s too soon to tell.

Other skate stock status findings by the science center include:

  • Overfishing was not occurring on any of the seven species in the Northeast Skate Complex, which are: winter
    skate (Leucoraja ocellata); barndoor skate (Dipturis laevis); thorny skate (Amblyraja radiata); smooth skate (Malacoraja senta); little skate (Leucoraja erinacea); clearnose skate (Raja eglanteria); and rosette skate (Leucoraja germane).
  • Thorny skate is the only species in the complex that remains in an overfished condition. Like barndoor skate, possession of thorny skate is prohibited.

See the full release from the NEFMC

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