Saving Seafood

US judge rules cod quota set-asides for Alaskan cities are unlawful

March 25, 2019 — Washington, D.C. Circuit Court Judge Timothy Kelly ruled March 21 that the North Pacific Council’s Amendment 113 (A113) to the Bering Sea Groundfish Fisheries Management Plan does not comply with Magnuson-Stevens Act (MSA) requirements.

The amendment, adopted in 2016, provided 5,000 metric tons of Pacific cod as a set-aside for processing facilities located west of 170 degrees longitude. It named the specific cities of Adak and Atka in the US state of Alaska and the plants located there as the plants that would benefit from this set-aside.

Shortly after the amendment was adopted in late 2016, the Groundfish Forum, United Catcher Boats and other groups who rely on cod, flatfish, and other groundfish in the Bering Sea, filed a complaint challenging the rule, based on five separate claims for relief.

They contended first, that the National Oceanic Atmospheric Administration’s National Marine Fisheries Service (NMFS) didn’t have the authority to “allocate shore-based processing privileges” and overstepped its authority with this amendment.

Read the full story at Undercurrent News

Federally Managed Fisheries in US Pacific Islands Face a Mixed Future

March 22, 2019 — HONOLULU — The following was released yesterday by the Western Pacific Regional Fishery Management Council:

Executive Director Kitty Simonds (center) with WPRFMC members (from left) Vice Chair John Gourley (Northern Mariana Islands), Chair Archie Soliai (American Samoa), RAdm. Kevin Lunday (commander of the 14th US Coast Guard District) and Vice Chairs Dean Sensui (Hawai‘i), Christinne Lutu-Sanchez (American Samoa) and Michael Duenas (Guam).

Federal fishery managers concluded their meeting in Honolulu today after dealing since Tuesday with a mixed bag of good and bad news about the future of fisheries in Hawai‘i and the US Pacific islands.

On the good side, a 2018 stock assessment estimates the Hawai‘i Kona crabs maximum sustainable yield at 73,069 pounds. The fishery has reported catch below 3,000 pounds in 2015 and 2016, indicating the potential for a lot of growth. However, participants have left the fishery (which landed 70,000 pounds in the 1970s) since the State of Hawai‘i banned the retention of female Kona crabs. The Council recommended that the Hawai‘i Division of Aquatic Resources (DAR) record female crab and minimum size discards separately on the fisherman trip reports to provide a more comprehensive record of commercial catch. It also requested that DAR remove the statute that prohibits take of female Kona crabs and consider revised regulations to extend or shift the closed season to protect berried females.

Other good news is that a recent economic report by the National Marine Fisheries Service (NMFS) found the Hawai‘i charter fishery generated close to $50 million in gross sales and supported nearly 900 jobs statewide in 2011. The Council encouraged NMFS to maintain a regular schedule of economic evaluations and monitoring of the fisheries in the Pacific islands.

On the bleaker side, the Council discussed the ongoing UN Intergovernmental Conference on Biodiversity beyond National Jurisdiction (BBNJ), which is considering a framework to establish fishing closures on the high seas. The Council asked the Department of State, which has a non-voting representative on the Council, to exempt high seas fisheries targeting tuna and tuna-like species from any potential high seas closures established under the new BBNJ convention. About 70 percent of the fishing effort of the Hawai‘i based longline fishery is on the high seas.

Read the full release at the Western Pacific Regional Fishery Management Council

 

Idaho Plan Safeguards Wild Steelehead, Per NOAA

March 22, 2019 — NOAA Fisheries has determined that Idaho’s Fishery Management and Evaluation Plan for their recreational steelhead fishery provides necessary protections for salmon and steelhead listed under the ESA.

NOAA Fisheries has determined that Idaho’s Fishery Management and Evaluation Plan (FMEP) for their recreational steelhead fishery provides necessary protections for salmon and steelhead listed under the Endangered Species Act (ESA). NOAA fisheries has approved Idaho’s plan under section 4(d) Rule.

Under section 4(d), NOAA Fisheries can specify how an activity can be exempt from additional ESA regulations. This applies particularly to “take,” which can include any act that kills or injures fish, and may include habitat modification. The ESA prohibits any take of species listed as endangered, but some take of threatened species that does not interfere with survival and recovery may be allowed.

“Idaho has developed a plan that provides continuing recreational fishing opportunities while ensuring that ESA-listed salmon and steelhead have the protection they need to recover,” said Allyson Purcell, Branch Chief in NOAA Fisheries’ West Coast Region.

Idaho’s plan came together through collaboration with fishery managers across the Snake River Basin and includes a new basin-wide framework designed to limit total impacts on steelhead from all fisheries in the Snake River Basin. Under Idaho’s plan, fishermen will continue to be required to release any wild steelhead they encounter.

Read the full story at the Fishing Wire

NOAA Fisheries Seeks Comments on Proposed Measures for the Jonah Crab Fishery

March 21, 2019 — The following was released by NOAA Fisheries:

NOAA Fisheries seeks comments on proposed measures for the Jonah crab fishery that complement the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Jonah Crab.

The Atlantic States Marine Fisheries Commission recommended these measures for managing Jonah crabs in federal waters. The management plan was initiated after an increase in landings.

Proposed measures include limiting Jonah crab harvest to those who already have a limited-access American lobster permit, a minimum size, protection for egg-bearing females, and incidental catch limits.These proposed regulations do not expand trap fishing effort. They propose to regulate the catch of Jonah crabs that is already occurring in the American lobster fishery.

For more details or to comment on the proposed measures, please read the rule as filed in the Federal Register and the draft environmental impact statement on our website.

NOAA Fisheries Announces Transfer of Georges Bank and Southern New England/Mid-Atlantic Yellowtail Flounder Quota

March 21, 2019 — The following was released by NOAA Fisheries:

NOAA Fisheries is transferring unused quota of Georges Bank and Southern New England/Mid Atlantic yellowtail flounder from the Atlantic sea scallop fishery to the commercial groundfish fishery.

If the scallop fishery is expected to catch less than 90 percent of its Georges Bank or Southern New England/Mid Atlantic yellowtail flounder quota, we are authorized to reduce the scallop fishery quota for these yellowtail flounder stocks to the amount projected to be caught, and increase the groundfish fishery quota by the same amount. This adjustment helps achieve optimum yield for both fisheries, while still protecting from an overage of the annual catch limits.

Based on the current projections, the scallop fishery is expected to catch 80 percent of its allocation of Southern New England/Mid Atlantic yellowtail flounder quota, and 44 percent of its Georges Bank yellowtail allocation.

We are transferring 0.78 mt of Southern New England/Mid Atlantic yellowtail flounder from the scallop fishery to the groundfish fishery, and 18.53 mt of Georges Bank yellowtail flounder through the end of the 2018 fishing year (April 30, 2019).

For more information, read the rule as filed today in the Federal Register.

 

NOAA Fisheries Approves Monkfish Quota for 2019

March 19, 2019 — The following was released by NOAA Fisheries:

NOAA Fisheries is implementing monkfish quotas for the 2019 fishing year that we announced on July 12, 2017. There have been no overages in 2018, and there is no new biological information, so we are now finalizing the 2019 quotas that were previously announced. The quotas are the same as the 2017 and 2018 quotas and are in place until April 30, 2020.

All other requirements remain the same.

For more details, read the rule as filed in the Federal Register and the permit holder bulletin on our website.

ASMFC expected to set stricter regs for harvesting striped bass

March 18, 2019 — A new status review has found the striped bass population to be in worse shape than previously thought, a result that will almost certainly trigger new catch restrictions for the prized species next year in the Chesapeake Bay and along the East Coast.

A preview of a soon-to-be-released stock assessment presented in February to the Atlantic States Marine Fisheries Commission indicates that the striped bass population is overfished and has been for several years.

Members of the commission, a panel of East Coast fishery managers, knew that the migratory species has been in coastwide decline for more than a decade, but the new assessment paints a bleaker picture than many expected, including data that show recreational catches are significantly higher than previously estimated.

“We had all hoped that the results of the assessment would be a little better,” said Mike Luisi, an estuarine and marine fisheries manager with the Maryland Department of Natural Resources. “It is clear that we need to do something.”

Once the ASMFC officially accepts the new stock assessment, it will need to implement a plan within a year to end overfishing.

The commission can’t adopt the assessment until its May meeting, though. Its completion was delayed by the partial federal government shutdown, which sidelined biologists with the National Marine Fisheries Service who were working to complete both the final document and the peer review report.

Read the full story at the Bay Journal

Whales are facing a big, deadly threat along West Coast: Massive container ships

March 18, 2019 — One day last May, a container ship entered the San Francisco Bay with extra cargo.

A 45-foot-long dead female fin whale was draped across the ship’s bow. The impact with the ship had broken her back, ruptured her organs and caused severe internal bleeding.

Ten whale deaths were attributed to ship strikes in 2018 — the highest number on record in California since NOAA Fisheries began tracking in 1982. The mortality rate represents an enormous increase from the average 3.4 ship strike victims recorded annually in the five previous years.

Five of the 10 whales that died with boat collision injuries in 2018 were endangered or threatened fin, blue and humpback whales. Despite the prevalence of whale mortalities linked to ship strikes, few rules are in place on the West Coast to mitigate collisions.

Read the full story at The Washington Post

NOAA Fisheries Announces Increase in Common Pool Possession and Trip Limits for Gulf of Maine Cod and WITCH Flounder

March 12, 2019 — The following was released by NOAA Fisheries:

The common pool possession and trip limits for Gulf of Maine (GOM) cod and witch flounder are increased, as summarized in the table below, for the remainder of the 2018 fishing year, through April 30, 2019.

The Small Vessel Category trip limit of 300 lb of cod, yellowtail flounder, and haddock combined remains in place.

For more information read the rule as filed in the Federal Register or the bulletin as posted on our website.

Read the full release here

Mid-Atlantic Council Takes Final Action on Summer Flounder Commercial Issues Amendment

March 11, 2019 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council (Council) met jointly with the Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup, and Black Sea Bass Board (Board) to select preferred alternatives for the Summer Flounder Commercial Issues Amendment. The Council and Board first considered final action in December 2018 but postponed their decisions until their March 2019 meeting.

At the meeting, the Council and Board approved a commercial allocation alternative which establishes a commercial quota trigger of 9.55 million pounds. This alternative specifies that a coastwide quota of up to 9.55 million pounds in any given year will be distributed according to the current (status quo) allocations. In years when the coastwide quota exceeds 9.55 million pounds, the additional quota beyond this trigger would be distributed based on equal shares to all states except Maine, Delaware, and New Hampshire, which would split 1% of the additional quota. The revised commercial allocations are expected to become effective January 1, 2020 at the earliest with a possible delay until January 1, 2021.

The Council and Board also approved revised Fishery Management Plan (FMP) goals and objectives for summer flounder, which focus on ensuring biological sustainability of the summer flounder resource, supporting and enhancing development of the effective management measures, and optimizing social and economic benefits from the resource.

No changes were made to the federal permit qualification criteria, and the Council did not add landings flexibility policies to the list of frameworkable items in the FMP.

Additional information about this action is available at: http://www.mafmc.org/actions/summer-flounder-amendment. The Council will forward its recommendations to the National Marine Fisheries Service for approval. The full Atlantic States Marine Fisheries Commission will consider final approval of the amendment, based on the Board’s recommendations, at their 2019 Spring Meeting.

Questions? Contact Kiley Dancy, Fishery Management Specialist, kdancy@mafmc.org, (302) 526-5257.