National Marine Fisheries Service Archives - Page 83 of 103

Government Scientists Say A Controversial Pesticide Is Killing Endangered Salmon

January 12, 2018 — The federal government’s top fisheries experts say that three widely used pesticides — including the controversial insecticide chlorpyrifos — are jeopardizing the survival of many species of salmon, as well as orcas that feed on those salmon.

It’s a fresh attack on a chemical that the Environmental Protection Agency was ready to take off the market a year ago — until the Trump administration changed course.

Chlorpyrifos is widely used by farmers to protect crops like strawberries, broccoli and citrus fruit from insect pests. In recent years, though, scientists have found evidence that exposure to chlorpyrifos residues can harm the developing brains of small children, even in the womb.

Two years ago, the Environmental Protection Agency issued a proposal that would have stopped farmers from using chlorpyrifos. The final decision, however, fell to the Trump administration, and EPA Administrator Scott Pruitt decided to keep the chemical on the market while the agency continues to study its risks.

This new report, however, examines another danger entirely — the risk that chlorpyrifos and two other pesticides, diazinon and malathion, are washing into streams and rivers and harming wildlife.

The National Marine Fisheries Service concluded that continued use of the chemicals is likely to jeopardize the survival of endangered species of salmon, as well as orcas that eat the salmon. According to the report, use of chlorpyrifos is affecting 38 species of endangered fish, and it’s having negative effects on 37 areas that have been designated as “critical habitat” for endangered species.

Read the full story at New England Public Radio

Lobstermen may have to give up their secrets

January 10, 2018 — ELLSWORTH, Maine — The antiregulatory fervor sweeping the nation’s capital doesn’t seem to extend as far as the Gulf of Maine, at least not for lobster and Jonah crab fishermen.

This week, the Atlantic States Marine Fisheries Commission is holding two public hearings in Maine on a plan to impose new reporting requirements in the offshore lobster and crab fisheries. One hearing was scheduled for Scarborough on Tuesday evening. The other is scheduled for 6 p.m. today, Thursday, Jan. 11, at Ellsworth High School.

The ASMFC is concerned that it does not have enough data about the lobster and Jonah crab fisheries to make appropriate management decisions.

Ten percent of Maine lobstermen, chosen annually at random, are required to file monthly landing reports with the Department of Marine Resources about where and how they fish. The reports include detailed data about the geographic location of traps, how long they have been set and at what depths, how many traps are hauled on each trip, the total pounds landed and more.

Lobstermen licensed by other New England states already file detailed reports with their state resource management agencies.

Only about 20 percent of Maine’s roughly 5,000 commercial lobstermen also hold the federal permits required to fish outside the 3-mile limit of state waters, and even fewer fish in the really deep waters beyond 12 miles from shore. According to the ASMFC, some 98 percent of lobster landings from the Gulf of Maine come from inside that 12-mile zone, so reports of what’s happening in the offshore lobster fishery are generally scarce. What’s more, unlike most fishermen operating in federal waters, federal permit holders fishing only for lobster are not required to report their trips to the National Marine Fisheries Service via electronic reporting devices. No separate landing reports are currently required for Jonah crab.

Read the full story at the Mount Desert Islander

NMFS Approves New England Council Habitat Amendments; Will Provide Boost to Scallops up to 60 Million lbs

January 10, 2018 — SEAFOOD NEWS — NMFS has given formal approval to the New England Council’s Fish habitat amendment that makes major changes in rules regarding closed areas in New England.

The most immediate impact is on scallops, where NMFS approved the opening of closed area 1 and the Nantucket Lightship area. The concept here was that an abundance of scallops in these areas would lead to rapid harvesting, and a lower swept area by scallop dredges than if vessels were trying to gain their allocations outside the closed areas.

Also research has shown that these were not significant areas for fish spawning. The approval means that the options for scallop harvest will be at the maximum level considered by the council, which projects about 60 million pounds of scallop landings for the 2018-19 season.

NMFS rejected the opening of closed area II on Georges Bank, which is also a major scallop producer.

Overall, full time license holders will get a total of 6 closed area trips of 18,000 lbs each, along with 24 days at sea in the open areas.

The habitat framework is the most far reaching adjustments of closed areas in 20 years, and it will provide better protection for both fish and habitat while eliminating closures that no longer serve their intended purpose.

The major change that was not allowed by NMFS was the opening of Eastern Georges Bank, called closed area II. This is the so called Northern Edge, which historically was one of the most abundant scallop producing areas. NMFS is keeping it closed to protect habitat.

Council Executive Director Tom Nies said, “Naturally we’re disappointed that our proposed Closed Area II changes were not approved, but the fact that the vast majority of the amendment will be implemented is a solid endorsement of the work the Council and staff did to dramatically change the closure system off New England.”

The habitat framework also establishes a series of seasonal cod spawning closures to all gear, both recreational and commercial; and it also sets a number of areas where bottom trawl gear is prohibited, but the council makes distinctions in many areas that will allow use of gillnets and lobster gear, as well as scallop and clam dredging.

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

NEFMC: NMFS Approves “Majority”of Council’s Habitat Amendment

January 8, 2018 — The following was released by the New England Fishery Management Council:

NOAA’s National Marine Fisheries Service (NMFS) has approved – with two exceptions – the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2 (OHA2), paving the way for sweeping change to the existing network of closed and management areas in the Gulf of Maine, Southern New England, and Georges Bank. The changes will provide better protection for both fish and habitat while eliminating closures that no longer serve their intended purpose. The final rule implementing the new regulations will not be published until later this winter, but NMFS informed the Council on January 3 of its decision to approve “the majority” of the amendment, which sets the stage for what’s to come.

Two of the Council’s proposed habitat management areas (HMAs) were disapproved:

Cox Ledge in Southern New England; and
Eastern Georges Bank, which called for the removal of Closed Area II as currently configured, replacing it with new management areas that would have allowed fishermen to access the abundant scallop resource on the Northern Edge.

As for the disapproved measures, Nies said, “We’ll be discussing NMFS’s comments at our late-January meeting, and the Council may decide it wants to revisit these issues going forward.”

The habitat amendment has five key purposes, which are to: (A) designate essential fish habitat (EFH) by lifestage for each species managed by the Council; (B) minimize the adverse effects of fishing on EFH to the extent practicable – a monumental undertaking that took years to carry out using the state-of-the-art Swept Area Seabed Impact model known as SASI; (C) identify other actions to encourage conservation and enhancement of habitat; (D) improve protection of habitats on which juvenile groundfish depend; and (E) improve protection of spawning groundfish.

The Council used six types of management approaches to achieve these purposes: (1) the EFH designations; (2) Habitat Areas of Particular Concern (HAPCs); (3) Habitat Management Areas; (4) Spawning Management Areas; (5) Dedicated Habitat Research Areas; and (6) changes to approaches involving framework adjustments and monitoring.

NMFS approved:

All of the Council’s EFH designations;
All of the HAPC designations, including: (a) the two existing ones for Atlantic Salmon and Northern Edge Juvenile Cod, (b) four new ones called Inshore Juvenile Cod HAPC, Great South Channel Juvenile Cod HAPC, Cashes Ledge HAPC, and Jeffreys Ledge/Stellwagen Bank HAPC, (c) 11 deep-sea canyons, and (d) two offshore seamounts;
Most of the Habitat Management Area measures, including: (a) establishing new HMAs in Eastern Maine and on Fippennies Ledge where mobile bottom-tending gear is Hake and red crab along the slope between Heezen and Nygren Canyons. – 2013 Northeast U.S. Canyons Expedition image. prohibited, (b) maintaining the Cashes Ledge Groundfish Closure Area with current restrictions and exemptions, (c) modifying both the Cashes Ledge and Jeffreys Ledge Habitat Closure Areas, which are closed to mobile bottom-tending gear, (d) prohibiting all fishing gear except lobster pots in the Ammen Rock Area, (e) maintaining the Western Gulf of Maine (WGOM) Habitat Closure Area, which is closed to mobile bottom-tending gear, (f) aligning the boundaries of the WGOM Groundfish Closure Area to match the WGOM Habitat Closure Area, (g) exempting shrimp trawling from the northwest corner of the WGOM areas, and (g) identifying the existing Gulf of Maine Roller Gear restriction as a habitat protection measure

Also related to Habitat Management Areas, NMFS approved the Council’s proposals to open up prime scallop fishing bottom in Closed Area I and the western portion of the Nantucket Lightship Area. In short, the current Closed Area I Habitat and Groundfish Closure Area designations will be removed, as will the Nantucket Lightship Habitat and Groundfish Closure designations.

Instead of keeping these less-effective habitat/groundfish areas in place, the Council established a Great South Channel HMA, which will be closed to: (1) mobile bottom-tending gear throughout the area; and (2) clam dredge gear in the northeast section (see map on page 1). NOTE: Clam dredge gear will be allowed throughout other parts of the area for one year while the Council considers refinements through a Clam Dredge Framework, which is under development. OHA2 also created a new research area for Georges.

Learn more about how the Closed Area I and Nantucket Lightship actions will be impacting scallopers at: http://s3.amazonaws.com/nefmc.org/NEFMC-Scallop-FW-29-Advances-Following-Habitat-Decision.pdf

Two new Dedicated Habitat Research Areas (DHRAs) will be established through this habitat amendment as well, each with a three-year sunset provision. One is on Stellwagen Bank within the Western Gulf of Maine Closure Area, and the second is on Georges Bank in what is the current Closed Area I South Habitat Closure Area. These areas will be the focus of coordinated research to improve understanding of the ecological effects of fishing across a range of habitats and, ultimately improve model forecasts. The Council identified a set of priority research questions that the DHRAs should address. The questions are based on four broad focus areas: (1) gear impacts; (2) habitat recovery; (3) natural disturbance; and (4) productivity.

View the release in its entirety here.

‘Groundbreaking’ fish protection plan in place in Northeast

January 5, 2018 — The following is excerpted from an article by Doug Fraser of the Cape Cod Times:

After 14 years of research, negotiations, hearings and two additional years of review, New England has a plan that uses science and the latest technology to decide which areas are important for the critical life stages of fish and shellfish species and how to protect them.

John Bullard, the regional director of NOAA’s Greater Atlantic Regional Fisheries Office, informed New England Fishery Management Council Chairman John Quinn in a letter Wednesday that his agency had approved most of their fish habitat protection plan.

“It was a massive undertaking and your staff, especially Michelle Bachman, should be proud of their groundbreaking work that went into supporting this amendment,” Bullard wrote in the letter. The council staff, along with researchers from the National Marine Fisheries Service, state fisheries agencies, and universities, especially the University of Massachusetts Dartmouth’s School for Marine Science and Technology, put together models that incorporated photographic and other surveys of the ocean bottom with known areas of fish concentration and other research on spawning and other life stages, that helped the council evaluate what should be protected and how.

“The fact that it dragged on so long, people miss how groundbreaking this really is,” said Tom Nies, the New England council’s executive director. Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating, Nies said. Now, with a model that compares the sea bed with the impact of fishing, they can make decisions he feels will have greater significance to restoring and protecting fish stocks. Plus, the habitat plan also set aside research areas to investigate the link between habitat and fish productivity, a piece of the puzzle that has seen relatively little conclusive research.

“If you compare where we are with this amendment in terms of how they were developed and analyzed versus the original habitat areas in 2002 and 2003, we are light years ahead of where we were then,” Nies said.

Scallopers from both the big boat and small boat fleets, which are often at odds, traveled to Washington in October to lobby [U.S. Rep. William] Keating and other congressmen on getting NMFS to finish its review of the habitat plan and open the area up to scalloping before that population died off. Their message was that allowing them into scallop-rich, nonessential fish habitat meant they spent far less time towing their heavy dredges through areas fish do use.

“From our perspective, it’s really heartening that they heard our concerns,” said Seth Rolbein, director of the Cape Cod Fisheries Trust, speaking for the Cape Cod Commercial Fishermen’s Alliance.

David Frulla, an attorney and lobbyist representing limited access scallop vessels, and Fisheries Survival Fund attorney Andrew Minkiewicz agreed the council and NOAA made the right decision in closing the Great South Channel and opening the scallop grounds in what is known as Closed Area I. But they felt that there was just as much evidence to open up a portion of a second closed area on Georges Bank over 100 miles east of the Cape that had historically produced as much as 50 million pounds of harvested scallops. Bullard said more information would be needed for his agency to do that right now.

“There are only so many highly productive scallop beds, and this is one of them,” Minkiewicz said. Frulla admitted that the bottom there is more complex and may be harder to determine its value to fish, but Minkiewicz said adding another prime scallop area keeps scallopers away from the bottom where fish do congregate.

Assistant Regional Administrator Michael Pentony told Quinn in an email that his agency expected to publish the final rule containing the regulations to implement the plan this spring.

Read the full story at the Cape Cod Times

NOAA to open New England scallop areas, invite record harvest

January 5, 2018 — New England sea scallop fishers can start planning now for what promises to be their best season in 14 years, thanks to a decision coming soon from the US National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service (NMFS).

John Bullard, the outgoing administrator of NOAA’s greater Atlantic region, informed the New England Fishery Management Council (NEFMC), in a five-page letter sent late Wednesday, that the agency will follow most of its recommendations with regard to the “essential fish habitat” amendment – a long-discussed plan to reset fishing management and conservation practices in the area.

That includes opening up to scallop harvesters an expanded portion of Closed Area I and the western part of the Nantucket Lightship area, two sections of the Atlantic Ocean that have been closed for a decade and are now expected to be loaded with large scallops.

“NMFS determined that the removal of the Closed Area I designations and proposed new designations do not compromise the ability of the council’s fishery management plans to comply with the [essential fish habitat] requirements of the Magnuson-Stevens Act,” Bullard wrote in his letter, which was addressed to John Quinn, NEFMC’s chairman.

Based on surveys reported in September, Closed Area 1, including the previous off-limit “sliver” area and northern portion, contains 19.8 million pounds (9,016 metric tons) of exploitable scallop meat, referring to scallops found with shells that were at least 4 inches wide. Even better, as much as 45.6m lbs (20,670t) of exploitable scallop meat is projected to exist in the west Nantucket Lightship area.

Read the full story at Undercurrent News

Scallops: Framework 29 “Highest Yield, Lowest Impact” Alternative Advances Following NMFS Habitat Decision

January 5, 2018 — The following was released by the New England Fishery Management Council:

On Wednesday, January 3, the National Marine Fisheries Service (NMFS), also known as NOAA Fisheries, informed the New England Fishery Management Council that it had “approved the majority” of the Council’s Omnibus Essential Fish Habitat Amendment 2 (OHA2). The approved provisions include two actions that have a direct impact on Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan, which, among other measures, contains 2018 fishing year specifications and 2019 default specifications for the scallop fishery.

The Framework 29 preferred alternative that now will be advancing for NMFS review and implementation contains the following 2018 allocations for the fishing year that begins on April 1:

Full-time limited access scallop permit holders – 24 open-area days-at-sea and six 18,000-pound access area trips with:

Two trips in the Mid-Atlantic Access Area
Two trips in the newly available Nantucket Lightship West Access Area
One trip in the Nantucket Lightship South Area
One trip in the new Closed Area I Access Area with the northern portion, including the “sliver,” available

Part-time limited access scallop permit holders – 9.6 open area days-at-sea and three 14,400- pound access area trips with:

One trip in the Mid-Atlantic Access Area
One trip in the Nantucket Lightship West Area
One trip in the reconfigured Closed Area I Access Area

During its December meeting, not knowing whether NMFS would approve all of the proposed changes in the habitat amendment, the Council adopted four Framework 29 preferred alternatives for scallop allocations that covered the potential mix of access area possibilities – both with and without Closed Area I and Nantucket Lightship West. The breakdown of these alternatives is available at: http://s3.amazonaws.com/nefmc.org/NEFMC-Approves-Scallop-Framework-29-REVISED.pdf

Of the four scenarios, the one that now is moving forward for NMFS review and implementation provides the greatest benefits and is projected to result in close to 60.1 million pounds of landings in scallop meat weight over the next fishing year.

“By giving the fleet access to dense concentrations of scallops in the northern portion of Closed Area I and Nantucket Lightship West, scallopers will be able to catch their trip limits faster and reduce the amount of time dredges are on bottom,” said Council Chairman Dr. John Quinn. “This scenario has another benefit in that it lets us shift effort away from Closed Area II, which means flatfish bycatch will be lower and the scallops in that area will have a chance to grow larger.”

The Council also included a provision in Framework 29 to allocate the existing 1.64 million pounds of Closed Area I carryover that are still on the books. These pounds are from trips allocated to Closed Area I in 2012 and 2013 through a lottery system but never were taken due to poor fishing.

The resulting Framework 29 allocations for the Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) fishery include: (1) a 3,086,050-pound quota, equivalent to 5.5% of annual projected landings for the fishery as a whole; and (2) a total of 3,426 access area trips at a maximum of 600 pounds each into the following areas:

1,142 trips in the Mid-Atlantic Access Area
1,142 trips in the Nantucket Lightship West Access Area
571 trips in the Nantucket Lightship South Access Area
571 trips in the Closed Area I Access Area

Framework 29 also includes flatfish accountability measures and Northern Gulf of Maine Management Area catch limits and related provisions, which are described at the link above. The Council will provide a broader overview of the habitat amendment decision in a subsequent release.

To view the release from the NEFMC in its entirety click here.

Massachusetts: Frozen lobstermen face additional winter challenges

January 4, 2018 — MARSHFIELD, Mass. — With inches of ice covering the harbor and no end of severe winter weather in site, local lobstermen are struggling to keep their boats in the water during the last month of the legal lobstering season. Tuesday and Wednesday saw captains breaking up ice surrounding their boats and trying to move their vessels to safer locations before a storm pummels the region today.

Tuesday and Wednesday saw captains breaking up ice surrounding their boats and trying to move their vessels to safer locations before a storm pummels the region today.

“There are so many dependencies here in this business,” president of the South Shore Lobster Fishermen’s Association John Haviland said. “When everything goes smoothly it’s wonderful, but when everything doesn’t – there is nothing I can do. I have no control over winds blowing 60 mph, and I have no control over 3 inches of ice in my harbor.”

A week of single-digit temperatures has left Scituate and Plymouth harbors coated in a thick layer of ice, and most commercial fishermen have moved their boats to Green Harbor, where freezing hasn’t been as significant.

Read the full story at the Patriot Ledger

NOAA Partially Approves Omnibus Habitat Amendment 2

January 4, 2018 — NOAA Northeast Regional Administrator John Bullard, in a letter to New England Fishery Management Council (NEMFC) Chairman Dr. John Quinn, has stated that NOAA has partially approved Omnibus Habitat Amendment 2. This follows over 15 years of work on OHA2 by the NEFMC and regional stakeholders. The details of the decision, as well as the text of the letter, are included below.

Dear Dr. Quinn,

I am writing to inform you that we have approved the majority of the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2.

We approved, as recommended, the essential fish habitat (EFH) designations, the habitat areas of particular concern (HAPC) designations, the dedicated habitat research areas (DHRA), the groundfish spawning recommendations, the framework and monitoring measures, and most of the habitat management area (HMA) recommendations. We have determined that the approved measures comply with the Magnuson-Stevens Fishery Conservation and Management Act requirements to identify and describe EFH and to minimize to the extent practicable the adverse effects of fishing on such habitat.

We have disapproved two of the HMA recommendations — the recommendations for eastern Georges Bank and Cox Ledge.

Approved Measures

We approved the following Council recommendations, as proposed:

All of the Council’s essential fish habitat designation updates.
All HAPC designations–
- Two status quo HAPCs (Atlantic Salmon and Northern Edge Juvenile Cod); o Four additional HAPCs (Inshore Juvenile Cod, Great South Channel Juvenile Cod, Cashes Ledge, and Jeffreys Ledge/Stellwagen Bank);
- Eleven canyons or canyon assemblages (Heezan Canyon; Lydonia, Gilbert, and Oceanographer Canyons; Hydrographer Canyon; Veatch Canyon; Alvin and Atlantis Canyons; Hudson Canyon; Toms, Middle Tom, and Hendrickson Canyon; Wilmington Canyon; Baltimore Canyon; Washington Canyon; and Norfolk Canyon); and
- Two seamounts (Bear and Retriever).
Most proposed Habitat Management Area measures–
- Establish the (Small) Eastern Maine HMA, closed to mobile bottom-tending gear;
- Maintain Cashes Ledge (Groundfish) Closure Area, with current restrictions and exemptions;
- Modify the Cashes Ledge Habitat Closure Area, closed to mobile bottom-tending gear;
- Modify the Jeffreys Ledge Habitat Closure Area, closed to mobile bottom-tending gear;
- Establish the Fippennies Ledge HMA, closed to mobile bottom-tending gear; o Maintain the Western Gulf of Maine Habitat Closure Area, closed to mobile bottom-tending gear;
- Modify the Western Gulf of Maine Groundfish Closure Area to align with the Western Gulf of Maine Habitat Closure Area, with current restrictions and exemptions;
- Exempt shrimp trawling from the designated portion of the northwest corner of the Western Gulf of Maine Closure Areas;
- Add the Gulf of Maine Roller Gear restriction as a habitat protection measure; o Remove the Closed Area I Habitat and Groundfish Closure Area designations; o Remove the Nantucket Lightship Habitat and Groundfish Closure Area designations; and
- Establish the Great South Channel HMA, closed to mobile bottom-tending gear throughout and clam dredge gear in the defined northeast section. Clam dredge gear would be permitted throughout the rest of the HMA for 1 year while the Council considers restrictions that are more refined.
Both proposed DHRA designations, with a 3-year sunset provision–
- Stellwagen Bank (within the Western Gulf of Maine Closure Area); and
- Georges Bank (i.e., the current Closed Area I South Habitat Closure Area).
All proposed groundfish spawning measures–
- Gulf of Maine: Establish the Winter Massachusetts Bay Spawning Closure from November I-January 31 of each year; and close block 125 from April 15-April 30 of each year;
- Georges Bank: Establish Closed Area I North and Closed Area II Groundfish Closure Area as spawning closures from February 1-April 15 of each year, closed to commercial and recreational gears capable of catching groundfish except scallop dredges; and remove the May Georges Bank Spawning Closure.
Both proposed framework adjustment and monitoring measures–
- 10-year review requirement; and
- Modifications to habitat management areas are frameworkable.

Disapproved Measures

Cox Ledge
On Cox Ledge, the Council recommended establishing an HMA that would have prohibited the use of ground cables on trawl vessels and prohibited hydraulic clam dredging in the area. Based on the analysis submitted, NOAA’s National Marine Fisheries Service determined there was insufficient information to implement the ground cable measure at this time. While there have been studies in other regions supporting the prohibition of ground cables as a method to minimize area swept, there was not enough information to determine how successful this approach would be in this region. Because it is unclear how inefficient this measure would make the gear, it is also unclear if this measure would reduce habitat impacts or actually increase them.

Further, there is insufficient information to determine the potential costs to the industry from the potential increased fishing time. As a result, the recommendation to establish the Cox Ledge HMA with these measures is disapproved because there is little rationale and evidence to demonstrate how it complies with the requirements ofthe Magnuson-Stevens Act to minimize the adverse effects of fishing if the measure would actually increase fishing time due to a reduction in fishing efficiency.

Eastern Georges Bank
On eastern Georges Bank, the Council recommended removing Closed Areas I and II and implementing the Georges Shoal and Northern Edge Mobile Bottom-Tending Gear Habitat Management Areas, both closed to mobile bottom-tending gears, and Northern Edge Reduced Impact Habitat Management Area, closed to mobile bottom-tending gears, except scallop dredges in a rotational management program and trawls west of 67° 20′ W longitude. We have partially approved this recommendation. We approved the removal ofthe Closed Area I Groundfish and Habitat Closures, but disapproved the recommendation to remove Closed Area II.

This action approves the Council’s recommendation to remove the Closed Area I EFH and Groundfish Closure Area designations and replace them with a DHRA and seasonal spawning closure. NMFS determined that the removal of the Closed Area I designations and proposed new designations do not compromise the ability ofthe Council’s fishery management plans to comply with the EFH requirements of the Magnuson-Stevens Act.

We determined that there was insufficient information to support the Closed Area II recommendation. The Council’s recommended HMAs on Georges Bank do not sufficiently address the impact of limited access scallop dredging on the highly vulnerable habitat within the Closed Area II Habitat Closure Area. Overall, the Council’s recommended changes to Closed Area II and eastern Georges Bank would prevent achieving the Amendment’s goals and objectives, notably to improve juvenile groundfish habitat protection, and the requirements of the Magnuson-Stevens Act to minimize the adverse effects of fishing to the extent practicable. Furthermore, the Closed Area II Habitat Closure Area has the same footprint as the Northern Edge Juvenile Cod HAPC. The area has been closed to mobile bottom-tending gear since 1995 and was designated as an HAPC in 1998. The rationale for the designation ofthe HAPC was that this is important habitat for juvenile cod that is particularly vulnerable to the impacts of fishing. The Council reaffirmed the HAPC designation in this Amendment, but the Council’s recommendation does not avoid, mitigate, or compensate for the adverse effects of the proposed action on this HAPC.

The Amendment’s focus of minimizing the total area closed to fishing, while maximizing the amount of vulnerable habitat protected, sought in part to provide more habitat for juvenile groundfish and enhance the productivity of groundfish resources. The proposed habitat management measures on eastern Georges Bank do not support these goals and objectives, however. Removing protections from, and allowing scallop dredging in, the most vulnerable portion of Closed Area II without adopting comparable protections that reasonably balance the long- and short-terms costs and benefits to EFH, associated fisheries, and the nation does not minimize the adverse effects of fishing in this area to the extent practicable. It also prevents the Council from achieving this action’s goals and objectives to improve protections of ground fish, and juvenile cod specifically. The potential benefits to habitat from the proposed closed areas do · not outweigh the potential adverse effects on highly valuable EFH and vulnerable ground fish stocks that would result from the proposed opening of the current Closed Area II Habitat Closure Area to limited access scallop dredging. The no action alternative that remains on Georges Bank, and the HMAs in other sub-regions as approved, provide a reasonable balance of EFH protection and long- and short-term costs and benefits as well as meet the Amendment’s goals and objectives to improve groundfish protection.

Further supporting the determination that the proposed areas and measures do not sufficiently offset the quality and importance of the habitat on eastern Georges Bank against the adverse impacts of fishing in this area is the lack of consideration of allowing fishing in the Northern Edge Juvenile Cod HAPC in the Closed Area II Habitat Closure Area. As noted above, the Council initially made this HAPC designation in 1998 and reaffirmed the importance of the area in this Amendment. One of the four considerations for HAPC designation is sensitivity to anthropogenic stress. The Council concluded that there are “no known anthropogenic threats to this area beyond those associated with fishing activity.” While there are no fishery restrictions automatically associated with HAPC designations themselves, the designation should result in the Council taking a more precautionary approach to management of those areas, particularly when the only noted human-induced stressor is fishing. The 2002 final rule for the EFH regulations notes, “designation of HAPCs is a valuable way to highlight priority areas within EFH for conservation and management … Proposed fishing activities that might threaten HAPCs may likewise receive a higher level of scrutiny.” This guidance suggests that councils should prioritize the protection of HAPCs where fishing is a primary or significant threat to the habitat.

The designation of an area as an HAPC does not inherently require a fishing closure in the area. However, the Council provided insufficient information to understand which aspects of the area are critical to juvenile cod survival, how those aspects of the habitat are affected by scallop dredges, the recovery time for such impacts, and the anticipated rotation periods for scallop fishing. Without more consideration and analyses of these critical components, it is not possible to determine under what conditions rotational scallop fishing should be permitted in the Northern Edge HAPC and the full nature and extent of how such access would affect juvenile cod. The Council’s recommendations in this Amendment would open the most vulnerable portions of the HAPC and do not adequately mitigate or compensate for those impacts by restricting them or closing any other comparable habitat. The Council’s recommendation to allow even rotational fishing in this sensitive habitat appears to be inconsistent with its own rationale for the designation that the habitat in this area warrants particular concern and consideration.

For these reasons, we have disapproved this recommendation. Ifthis issue were revisited in the future, a more thorough discussion ofthese critical issues would be required. We will continue to provide support for reconsidering reasonably balanced approaches to providing limited fishing opportunities in this area, while protecting this valuable habitat and better minimizing the adverse impacts offishing.
Thank you for the Council’s work on this action. It was a massive undertaking and your staff, especially Michelle Bachman, should be proud of their groundbreaking work that went into supporting this Amendment. As always, our staff are available to answer any questions you may have on this decision.

View the letter in its entirety here.

For more information on some of the proposed changes in OHA2, as well as the perspective of the fishing industry on these changes, v iew this video.

NFI seeks to reach administration on seafood trade in 2018

January 2, 2018 — Pressing the importance of all trade on the Donald Trump administration, including imported seafood, will be one of the top priorities of the National Fisheries Institute (NFI) in 2018.

The US seafood industry’s biggest trade association, representing close to 300 companies, is still smarting from several of the moves made by the White House and its Cabinet in their first year, including its formal withdrawal from a trade deal with Pacific countries, a lack of progress on a trade deal with Europe and implementation of the Seafood Import Monitoring Program (Simp).

But NFI president John Connelly said trade will remain a top focal point for the group in the New Year.

“We just need to spend more time on the Hill and in the administration to help them appreciate that not all trade is negative for the US,” Connelly told Undercurrent News in an December interview at his office in McLean, Virginia. “Seafood is not like steel or autos or something else. We cannot now produce enough seafood in the US, whether it be from wild capture or aquaculture, to feed all Americans.”

The US exports 40% to 60% of the seafood it produces, depending on the value of the dollar and some other factors, and imports about 85% of the seafood it consumes. Seafood is responsible for 1,270,141 jobs in the U.S. and imports account for 525,291 of those, according to Department of Commerce data noted by the association.

“Gladys, down in Brownsville, Texas, is cutting imported tilapia right now, and that job is extraordinarily important to her family. Why is that job any less important than a job involving domestic codfish?” Connelly said.

High points and low points in 2017

But in looking back at 2017, Connelly can point to at least one major trade-related victory: The removal of the prospective border adjustment tax from the legislative tax overhaul passed by Congress and signed by the president before leaving on its winter break. The provision, which was supported by several Republican leaders, would have forced some seafood dealers to raise their prices 30% to 40%, said Connelly, quoting a Wall Street Journal article.

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