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New coral protections off New England take effect this month

July 19, 2021 — New coral protections are scheduled to take effect in the waters off New England later this month.

The National Marine Fisheries Service has published new rules designed to protect corals on Georges Bank and in the Gulf of Maine. Those are two key commercial fishing areas off the New England coast.

The new protections take effect on July 26. One of the new rules establishes the Georges Bank Deep-Sea Coral Protection Area, which is located on the outer continental shelf in New England waters.

Read the full story at the Associated Press

Empire Wind plans power delivery to New York in 2025

July 13, 2021 — Electricity from the Equinor and BP Empire Wind project should start coming into New York’s power grid in 2025, according to updated plans the joint venture has filed with the federal Bureau of Ocean Energy Management.

The first offshore wind energy project laid out for the New York Bight is a 79,350-acre tract, shaped like a slice of pizza wedged between two of the ship traffic separation lanes in the New York Harbor approaches.

With the enormous volume of vessel traffic in the region – container vessels at the port of New York and New Jersey, coastwise tug and barge tows, plus commercial and recreational fishing fleets – navigation has been the foremost issue since New York state energy planners first began looking to ocean wind as a power source.

“There is certainly a concern about setback” from the shipping traffic lanes, said Lucas Feinberg, a project manager with BOEM, during a July 8 online virtual public scoping session hosted by the agency.

Early on, planners agreed to a 1-nautical mile setback along the Empire Wind frontage along the shipping lanes. Formally known on charts as traffic separation schemes, the lanes fan out from the New York Harbor entrance at Ambrose Light.

Read the full story at National Fisherman

How Fishing Communities Are Responding to Climate Change

July 8, 2021 — The following was released by Wellesley College:

What happens when climate change affects the abundance and distribution of fish? Fishers and fishing communities in the Northeast United States have adapted to those changes in three specific ways, according to new research published in Frontiers in Marine Science.

Becca Selden, Wellesley College assistant professor of biological sciences, and a team of colleagues examined how fishing communities have responded to documented shifts in the location of fluke and of red and silver hake. The team found that fishers made three distinct changes to their approaches: following the fish to a new location; fishing for a different kind of fish; and bringing their catch to shore at another port of landing.

Selden began this research as a postdoctoral scholar at Rutgers University in New Jersey with Eva Papaioannou, now a scientist at GEOMAR. They combined quantitative data on fish availability from surveys conducted by the National Marine Fisheries Service at the Northeast Fisheries Science Center and a unique geographic information system database from fishing trip records developed for this project. The researchers then interviewed fishers in 10 ports from North Carolina to Maine.

They explored three dominant strategies, and found that fishers throughout the Northeast were more likely to shift their target species. In interviews, the researchers learned that targeting a mix of species is a critical option for adaptation. Doing so can be complicated, however, because in many cases regulations and markets (or the lack of a market) constrain fishers’ ability to take advantage of a changing mix of species in fishing grounds. For example, in Point Pleasant, N.J., fishers can’t capitalize on an increase in dogfish in the region because of strict conservation measures that have been in place since 1988, when the species was declared over-fished, and the resulting absence of a market for those fish.

Read the full release here

UAA researchers present link between commercial fishing and local economies

July 7, 2021 — The following was released by the University of Alaska Anchorage:

Fishing season is back! Commercially, fishing constitutes considerable economic activity in Alaska, generating thousands of jobs and billions of dollars in value. However, despite the industry’s size, mostly anecdotal evidence is available about how commercial fishing activity benefits residents of coastal communities compared to those who travel from the Lower 48 or internationally to participate in the season.

Brett Watson, Ph.D. and researcher for UAA’s Institute of Social and Economic Research, along with UAA economics professors Mouhcine Guettabi, Ph.D. and Matthew Reimer, Ph.D., as well as National Marine Fisheries Service economist Alan Haynie, Ph.D., developed a statistical model to bridge this gap: “Commercial Fisheries and Local Economies,” published in the January 2021 issue of the Journal of Environmental Economics and Management.

“If you go to Seward, Homer or Bristol Bay, you can see the fishing happening. But seeing activity doesn’t mean the benefits are going to stay in that place,” said Watson. “In the paper we cite that if you drive through rural Texas or rural North Dakota, you can see oil rigs for miles and miles. But the ones getting the checks live in Houston, Oklahoma City, New York or LA.”

Read the full release here

Conservation groups claim flaws in new federal right whale document

July 6, 2021 — Now that they have released a new biological opinion, federal fisheries managers are asking a federal court to end the ongoing litigation over the critically endangered North Atlantic right whale.  

Last month, the federal government filed for a final judgement in the lawsuit filed against the National Marine Fisheries Service by several conservation groups, including the Center for Biological Diversity, the Conservation Law Foundation, Defenders of Wildlife and the Humane Society.  

NMFS argued that, if there was an issue with the adequacy of the new biological opinion – a document from the service that states whether or not a federal action will jeopardize a species or its habitat – a new challenge would have to be filed.  

The conservation groups have pushed back against this legal logistics claim and have filed a motion of their own contending that there are several issues with the biological opinion. The new opinion does not address the issues the court found in the document’s previous iteration, which are central to the lawsuit in the first place.  

“NMFS cannot simply ignore the Court’s Opinions and Orders because it disagrees with the analysis or because compliance would be inconvenient,” the groups wrote in a recent filing. 

Last year, a federal judge found that the NMFS was in violation of the Endangered Species Act when it allowed the American lobster fishery to continue without an incidental take permit for North Atlantic right whales. Entanglements are considered one of the biggest threats to the species, which now has less than 400 individuals.  

Read the full story at the Mount Desert Islander

Commerce Department declares four fishery disasters

July 1, 2021 — Four U.S. fisheries, from New York’s troubled bay scallops to Northwest salmon, were declared to have suffered fishery disasters in 2018-2020 by Secretary of Commerce Gina M. Raimondo this week.

The collapses affected two states, Alaska and New York, and two Tribes, the Port Gamble S’Klallam Tribe and the Confederated Tribes of the Chehalis, in Washington.

“Fisheries are essential to our communities and economy, and we want to ensure America is in a position to remain competitive on the global stage,” Secretary Raimondo in a June 29 announcement. “These determinations allow us to lend a helping hand to the fishing families and communities that have experienced very real and difficult setbacks in the last few years.”

The secretary of commerce with NMFS evaluates fishery disaster requests, based primarily on data submitted by the requesting state or tribe.

Read the full story at National Fisherman

NEFMC Approves 2022-2023 Scallop RSA Priorities; Initiates Framework 34; Responds to Letter on Leasing Petition

June 24, 2021 — The following was released by the New England Fishery Management Council:

During its June 2021 webinar meeting, the New England Fishery Management Council adopted 2022-2023 research priorities to help steer the development of the next round of projects to be funded through the Atlantic Sea Scallop Research Set-Aside (RSA) Program. Resource surveys were identified by the Council as the highest priority, as has been the case for several years running.

This year, the Council expanded the range of potential projects under its high priority category by:

  • Broadening the scope of research that can be proposed under the scallop biology priority; and
  • Expanding the turtle priority to cover gear research and ecological studies, which were identified as Reasonable and Prudent Measures in the new Biological Opinion for the scallop fishery

The Council also identified three categories of important general research projects, which are noted in the table below. The National Marine Fisheries Service (NMFS/NOAA Fisheries) is expected to publish the Notice of Funding Opportunity for 2022-2023 awards this summer. NOAA Fisheries administers the RSA award competition and oversees selected projects, as well as set-aside harvest activities. The awards are based on the Council’s identified RSA priorities.

Read the full release here

Fishing council votes to ban wire leaders for Hawaii fishery

June 24, 2021 — The Western Pacific Fishery Management Council is recommending the prohibition of wire leaders for Hawaii’s deep-set longline fishery to protect the oceanic whitetip shark, and now that the U.S. has made the move to protect the species, advocates hope that it will persuade international agencies to do the same.

The council, also known as Wespac, made the decision to ban wire leaders—and replace them with monofilament nylon leaders—during a meeting Tuesday. The move would reduce post-release injury and death to oceanic whitetip sharks, which are listed as threatened under the Endangered Species Act, that get hooked on longline fishing hooks.

Wespac also recommended that all longline vessels operating under the Pacific Pelagic Fishery Ecosystem Plan be required to remove as much trailing gear from caught sharks as possible.

The amendments will be reviewed by the National Marine Fisheries Service.

Read the full story from The Honolulu Star-Advertiser at Yahoo! News

Western Pacific Council Defers Action on American Samoa Bottomfish Rebuilding Plan

June 24, 2021 — The following was released by the Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Council voted to defer action on the rebuilding plan for the federally managed bottomfish complex in American Samoa at its virtual meeting today in Honolulu.

In February 2020, the National Marine Fisheries Service (NMFS) informed the Council of a change in stock status for American Samoa bottomfish to overfished and experiencing overfishing. The Magnuson-Stevens Fishery Conservation and Management Act requires the Council to develop a rebuilding plan within 15 months of notification and rebuild the overfished stock within 10 years. During plan development, a new alternative of 5,000 pounds emerged that would rebuild the stock in 10 years with a 27% risk of overfishing.

While the Council opted to consider this alternative at its September 2021 meeting, members expressed their dismay that it was the best choice available. They noted the disparities in catchability between using hand-cranked reels, common among local bottomfishermen, and electric reels. Council Executive Director Kitty Simonds said that changes in fishing power through time would be a good topic for fishermen to discuss with the NMFS scientists at the data workshops planned for the fall.

Similarly, NMFS noted in February 2020 that the federally managed Guam bottomfish stock complex is overfished but not experiencing overfishing. While a new alternative emerged during the rebuilding plan development, it would only add 500 pounds while extending the rebuilding timeline by two years. The Council elected to retain the annual catch limit (ACL) of 31,000 pounds adopted at its March 2021 meeting, starting in fishing year 2022. The limit corresponds to a 41% risk of overfishing and would allow the stock to replenish in eight (8) years. This option poses the least chance of the fishery exceeding the catch limit and considers fishing community needs.

The annual average bottomfish catch over the past several years is about 27,300 pounds. An in-season accountability measure will be implemented to track catch relative to the ACL. Federal waters will be closed to bottomfishing when the ACL is projected to be reached.

Council members representing American Samoa, the Commonwealth of the Northern Mariana Islands (CNMI) and Guam voiced their continued frustration with the ongoing NMFS coral critical habitat designation process. NMFS issued the proposed rule in November 2020 and the public comment period closed in late May 2021 after multiple requests from the territories to provide additional time for review.

Seven species of corals listed under the Endangered Species Act (ESA) occur around American Samoa, Guam, the CNMI and the Pacific Remove Island Areas. Their habitat in U.S. waters around the territories represents less than 1% of these species’ full distribution across the Pacific and Indian Oceans. Critical habitat under the ESA can only be designated in U.S. jurisdictions. The proposed designations encompass most shallow waters around the island territories.

The proposed rule’s focus on the territories prompted responses from each area’s governors, resource management agencies and legislatures. John Gourley, CNMI Council member, highlighted the common messages from all of these entities to NMFS, noting that the regions expressed their disappointment in the lack of coordination with the local resource management agencies and expertise in the development of the proposed rule.

Chelsa Muña-Brecht, Council member and Guam Department of Agriculture director, said local coral experts were not consulted to gather the best scientific information available. Council Chair Taotasi Archie Soliai added that “clearly consultation with local agencies is a necessity on these types of issues.” Corals are notoriously difficult to identify, even by experts, and there is much uncertainty about the existing records for the territories.

A March letter from NMFS Regional Administrator Michael Tosatto to the territories said his staff would work directly with local agency staff to gather relevant information to incorporate into the final coral critical habitat rule. Gourley said that no contact has been made to date.

According to the ESA, NMFS is to issue a final rule on the coral critical habitat designation by November 2021. Territories have requested the final decision to be delayed until more complete scientific information are available to provide the basis of the designation.

The Council requested that staff include critical habitat issues in a letter that will be sent to the Biden Administration regarding Executive Order 13985 that encourages comments on barriers to racial equality and underserved communities. More than 75% of the population in the Pacific Islands Region identify as indigenous, Asian American, Pacific Islander or other persons of color—all groups that fall under the EO’s definition of underserved communities that have historically been denied equitable treatment.

Prior to the beginning of the third day of the Council meeting, at 10:30 a.m. (HST) June 24, 2021, two Council-produced films will be shown about fishing and fishing management in Hawai‘i. The 18-minute film Living the Legacy: The Northwestern Hawaiian Islands documents the history of U.S. Pacific Islands fisheries, focusing on the 1920s through 2000. The 12-minute film The Northwestern Hawaiian Islands explores the two opposing ideas that the region should be either closed to all activities, or should be used, studied and managed.

The Council meeting concludes tomorrow by web conference (Webex). Instructions on connecting to Webex, agendas and briefing documents are posted at www.wpcouncil.org/meetings-calendars.

Congressmen Lowenthal and Fitzpatrick Introduces Bipartisan Bill To Protect Imperiled Seabirds

June 23, 2021 — The following was released by The Office of Congressman Alan Lowenthal (D-CA):

Congressman Alan Lowenthal (CA-47) and Congressman Brian Fitzpatrick (PA-01), today, joined by 20 House colleagues, introduced legislation to protect imperiled seabirds from international fishing threats while increasing ongoing seabird conservation efforts in the United States and abroad.

The Albatross and Petrel Conservation Act would implement the Agreement on the Conservation of Albatrosses and Petrels (ACAP), an international conservation agreement that has been signed by 13 member countries since 2001 and covers 31 species of albatrosses, petrels and shearwaters. Despite previous calls by President George W. Bush and President Barack Obama to ratify the agreement, the Senate has yet to vote on the agreement.

“This is a critical opportunity for the United States to resume its leadership role in international conservation efforts,” Congressman Lowenthal said. “It is vital that we implement the ACAP to encourage other nations to adopt strong conservation standards and also in order to take steps to ensure that foreign fishing vessels follow international conservation measures that protect endangered seabirds.”

Many albatross and petrel species are listed among the most threatened seabirds in the world because of habitat loss and fisheries bycatch (unwanted fish and other marine creatures caught during commercial fishing for a different species), but the U.S. has been a leader in reducing fisheries bycatch.

“Serving as good stewards of our environment and working to ensure endangered species can be protected and repopulated is something each of us are called to regardless of location, background or political ideology,” Congressman Fitzpatrick said. “This bill will help reduce habitat destruction, minimize marine debris, and slow the spread of invasive species. I’m proud to stand with my colleagues in support of this bipartisan legislation and urge others to join us in the defense of endangered species.”

The Albatross and Petrel Conservation Act ties together existing U.S. laws and statutes without substantially changing current laws in order to implement the international agreement.

The legislation would also authorize the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to implement fisheries conservation measures, increase international fisheries enforcement, restore habitat, reduce non-native species, develop educational programs, and cooperate internationally on conservation efforts.

Click here to read the full text of the bill.

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