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Mid-Atlantic For-Hire Vessel Permitting and Reporting

September 18, 2017 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council has received questions about for-hire (party/charter) vessel permitting and reporting requirements. For-hire vessels need permits from the NMFS Greater Atlantic Regional Fisheries Office if they fish for/retain the following Mid-Atlantic Council-managed species in these federal waters areas:

Species Area (federal waters, i.e. beyond 3 nautical miles)
Summer Flounder North Carolina/South Carolina Border and North
Scup* North of Cape Hatteras, NC
Black Sea Bass* North of Cape Hatteras, NC
Atlantic Mackerel Atlantic Coast
Longfin or Illex Squid Atlantic Coast
Atlantic Butterfish Atlantic Coast
Bluefish Atlantic Coast
Tilefish* Virginia/North Carolina Border and North
*Scup and black sea bass south of Cape Hatteras, NC and tilefish south of Virginia require a for-hire snapper grouper permit issued by the NMFS SE Regional Office

Once you have one or more of these permits, it doesn’t matter where you fish or what you’re fishing for – you must submit Vessel Trip Reports (VTRs) for ALL fishing-related trips on that vessel, including reporting ALL fish kept or discarded (not just fish you have permits for). VTRs can currently be submitted either with paper forms or by electronic VTR applications/software. However, beginning March 12, 2018, all for-hire VTRs (not commercial) for permits associated with the Mid-Atlantic Council will need to be submitted electronically within 48 hours of ending each trip (reporting all trips and all fish). For more information about VTR reporting call NMFS at 978-281-9246 or visit this page on the GARFO website.

Species encountered off the Mid-Atlantic that require other for-hire federal permits to fish for/retain include, but may not be limited to, New England groundfish, tunas, billfish, sharks, king mackerel, Spanish mackerel, cobia, dolphin, wahoo, and snapper/groupers. Some of these species may have associated reporting requirements now or in the near future. It is the responsibility of the vessel owner or operator to know what permits and reporting are required based on the vessel’s location and species targeted.  Please consult your state agency and the following federal agencies about other necessary permits and reporting requirements:

  • NMFS GARFO Permit Office
  • NMFS VTR webpage
  • NMFS Highly Migratory Species Division
  • NMFS Southeast Regional Office

Feds reviewing status of New England’s endangered salmon

September 18, 2017 — PORTLAND, Maine — The federal government is starting a five-year review of the Gulf of Maine’s population of Atlantic salmon, which are listed as endangered under the Endangered Species Act.

Atlantic salmon were once plentiful off New England, but dams, loss of habitat, pollution and overfishing dramatically reduced the population. The National Marine Fisheries Service says it is reviewing the health of the stock to get more updated information on its current status.

The fisheries service says the review will be based on scientific and commercial data.

Read the full story from the Associated Press at NH1

California Acting Governor Gavin Newsom Requests Disaster Relief for Sardine, Urchin Fisheries

September 13, 2017 — SEAFOOD NEWS — Sardine and sea urchin closures in California have prompted Acting Gov. Gavin Newsom to request fishery failure declarations for both.

Newsom noted in his Sept. 5 letters to U.S. Secretary of Commerce Wilbur Ross that ocean conditions caused the closure for sardines and affected the kelp forest ecosystems on which red urchins depend.

The California Wetfish Producers Association lauded Newsom’s request to Secretary of Commerce Wilbur Ross to approve a declaration of a commercial fishery failure for California’s Pacific sardine fishery. His action was precipitated by La Niña’s cold-water oceanic conditions that are believed to have caused sharply reduced sardine recruitment and the closure of this commercial fishery since 2015.

“This declaration is very important as it will enable California’s historic sardine fishery and its participants to seek federal disaster relief to offset the economic harm fishermen and processors have suffered since the fishery closure,” California Wetfish Producers Association Executive Director Diane Pleschner-Steele said in a statement Tuesday.

The Pacific sardine fishery has been managed under the federal Coastal Pelagic Species Fishery Management Plan (CPS FMP) since 2000. The CPS FMP established a harvest cutoff, prohibiting directed fishing if the sardine population falls below an estimated 150,000 metric tons. Due to low stock assessments, the fishery was closed in 2015 and 2016, and will remain closed in 2017 and possibly even 2018, although sardines have returned to abundance in the nearshore area, where fishing normally takes place.

Certain thresholds have been established that help the National Marine Fisheries Service and Secretary of Commerce make a determination of whether a commercial fishery failure has occurred. One of these involves an analysis of the economic impact and states that revenue losses greater than 80 percent are presumed to be a commercial fishery failure. This is determined by comparing the loss of 12-month revenue to average annual revenue in the most recent five-year period.

“This fishery is historically one of the top 10 highest valued commercial fisheries in California,” Newsom said in his letter regarding the iconic sardine fishery. “Statewide, the commercial closure in 2015 resulted in a total value of $343,148, which is 90 percent less than the 2010-14 average of $3,504,098. That dropped to $95,657 in 2016, which was 96 percent less than the 2011-15 average of $2,711,679.”

The figures for the urchin fishery, particularly in northern California and Orange County, were dire as well.
“The impacts to the regions are evident in the fishery landings data,” Newsom wrote. “In 2016, the northern California fishery ex-vessel revenue fell by 77 percent compared to the 5-year average from $2,587,419 to $604,440, Orange County ports fell by 93 percent from $85,382 to $6,045, and San Diego County ports fell by 48 percent from $574,526 to $297,594.”

Newsom’s letter noted the initial estimates for both fisheries are based on the average ex-vessel value of commercial landings but do not account for additional impacts to seafood processors or related industry businesses that rely on the either or both fisheries.

The sardine fishery is the foundation of California’s wetfish industry, which for decades has produced 80 percent or more of annual statewide commercial fishery landings, until recent years, the CWPA statement said. While fishermen and markets may harvest and process other species in the coastal pelagic species complex, sardines have been the historic mainstay of this industry, and the loss of fishing opportunity has created severe economic impact to both fishermen and processors.

The urchin fishery has been a staple for small-boat fishermen throughout the state for a number of years — until recently.

“Persistent warm ocean conditions that began in 2014 in northern California and 2015 in southern California has affected the fishery in these two regions,” Newsom’s letter said. “In northern California, the warm water event devastated kelp production (93 percent loss of surface kelp canopies compared to 2008 levels), a primary food source for urchins that created persistent starvation conditions. Starvation has led to reductions in the food value of the urchins targeted by the fishery in northern California.

In addition, a population explosion of the less marketable purple sea urchin continues to overgraze the recovering kelp beds, adding further stress to the fishery. In southern California, urchin mortality increased in response to warm El Nino conditions and disease in 2015. This has reduced the numbers of healthy red sea urchins in southern California available to the fishery.”

The Governor’s request for federal declaration now opens the door for fishermen and processors in California’s fisheries to pursue a federal disaster declaration from the Secretary of Commerce and appeal to California’s congressional delegation to pursue legislation allocating funding for disaster relief. Such funds would help alleviate the economic and social harm suffered as a result of these disasters.

Funds could also be used for cooperative research projects, Pleschner-Steele said, such as the collaborative aerial survey of the nearshore area that CWPA participates in with the California Department of Fish and Wildlife in efforts to improve the accuracy of stock assessments.

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

Scallop RSA Program: 2018-2019 research proposals wanted

September 12, 2017 — The following was released by the New England Fishery Management Council:

The National Marine Fisheries Service, in coordination with the New England Fishery Management Council, is soliciting proposals for the 2018-2019 Atlantic Sea Scallop Research Set-Aside (RSA) Program.  The application deadline is November 6, 2017.

HOW DOES THE PROGRAM WORK:  The Scallop RSA Program was established through the Atlantic Sea Scallop Fishery Management Plan to address scallop research priorities identified by the New England Council.  The Council adopted 2018-2019 research priorities at its June meeting in Portland, ME.

HOW IS THE RSA PROGRAM FUNDED:  Each year, 1.25 million pounds of scallops are “set aside” during the specification-setting process to carry out the program.  Awards are made in pounds, not dollars, and no federal funding is provided to conduct the research.  Proceeds generated from the sale of set-aside scallops are used to fund research activities and compensate vessels that participate in research activities and/or harvest set-aside quota.

2018-2019 PRIORITIES:  Projects funded under the Scallop RSA Program must: (a) enhance understanding of the scallop resource; or (b) contribute to scallop fishery management decisions.  For the current federal funding opportunity, priority will be given to proposals that address the New England Council’s list of 2018 and 2019 research priorities.  The complete list is spelled out in detail in the 2018-2019 Atlantic Sea Scallop Federal Funding Opportunity  notice, which also contains instructions for how to submit proposals.  In very general terms, the research priority categories include:

  • HIGHEST: (#1) Survey-related research
  • HIGH: (#2) Scallop meat quality research; and (#3) bycatch research
  • MEDIUM: (#4) Turtle behavior investigations and potential impact on the Mid-Atlantic/Georges Bank scallop fishery; (#5) scallop biology projects
  • OTHER: (#6) Dredge efficiency investigations; (#7) habitat characterization research; (#8a) projects related to water quality and environmental stressors; (#8b) spat collection and seeding projects; (#9) research to identify sources of management uncertainty and potential effects on projected landings; (#10) expanded survey coverage into new or minimally sampled areas; (#11) social and economic impacts and consequences of area rotation; and (#12) investigations of non-harvest scallop mortality.

REVIEW PROCESS:  All submitted proposals will be evaluated by: (1) technical reviewers for technical merit; and (2) a management panel comprised of scallop fishermen, fishery managers, fishing industry representatives, and others closely involved with scallop fishery management issues.

RSA BACKGROUNDERS:  Learn more at RSA and everything you ever wanted to know.

QUESTIONS:  For more information about the 2018-2019 solicitation and the Scallop RSA Program in general, contact Cheryl Corbett at (508) 495-2070, cheryl.corbett@noaa.gov.

NMFS Relaxes Some Gulf IFQ and Dealer Reporting Rules in Wake of Hurricane Harvey

September 6, 2017 — SEAFOOD NEWS — The National Marine Fisheries Service is relaxing some individual fishing quota (IFQ) program reporting and dealer reporting programs in the Gulf of Mexico due to catastrophic conditions related to Hurricane Harvey.

Between Sept. 1 and Oct. 15, specific to the commercial reef fish and coastal migratory pelagic fisheries in the Gulf of Mexico, the NMFS Southeast Regional Administrator determined that Hurricane Harvey caused catastrophic conditions in coastal and adjacent counties in the state of Texas, and Cameron and Vermilion parishes in Louisiana. Consistent with those regulations, the administrator has authorized any dealer in the affected area who does not have access to electronic reporting to delay reporting of trip tickets to NMFS, according to the Federal Register notice. The administrator authorized IFQ participants within the affected area to use paper-based forms, if necessary, for basic required administrative functions, e.g., landing transactions, during the same timeframe.

“This temporary rule announcing the determination of catastrophic conditions and allowance of alternative methods for completing required IFQ and other dealer reporting administrative functions is intended to facilitate continuation of IFQ and dealer reporting operations during the period of catastrophic conditions,” the FR notice said. NMFS will continue to monitor the situation and publish additional notices, if needed.

Hurricane Harvey made landfall between Port Aransas and Port O’Connor, Texas, as a Category 4 hurricane on Aug. 25. Strong winds and flooding affected communities throughout coastal and eastern Texas and southwest Louisiana, resulting in power outages and damage to homes, businesses, and infrastructure. As a result, the administrator determined catastrophic conditions exist in all coastal and adjacent counties of Texas and in Cameron and Vermilion Parishes, Louisiana.

The notice said that even though NMFS is allowing dealers to delay landing reports, they should report all landings as soon as possible. Assistance for Federal dealers in effected areas is available at the Fisheries Monitoring Branch, 1-305-361-4581.

Many IFQ dealers likely already have paper forms for use when NMFS declares the existence of catastrophic conditions. Paper forms are also available from the region upon request. The electronic systems for submitting information to NMFS will continue to be available to all participants, and participants in the affected areas are encouraged to continue using these systems, if accessible.

The administrative program functions available to fishermen and dealers in Texas and part of Louisiana will be limited under the paper-based system; IFQ shares or allocation transfers will be unavailable during that time. Assistance in complying with the requirements of the paper-based system will be available via the Catch Share Support line, 1-866-425-7627 Monday through Friday, between 8 a.m. and 4:30 p.m. Eastern time.

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

Federal officials take first steps to protect chub mackerel, other forage species in the Mid-Atlantic

September 6, 2017 — For the first time, the National Marine Fisheries Service has taken action to protect forage species in the Atlantic Ocean.

The new regulation, initially approved last year by the Mid-Atlantic Fishery Management Council, covers such species as anchovies, herrings, mackerel, and sardines up to 200 miles off the coastline from New England to central North Carolina. The Fisheries Service, part of the National Oceanic and Atmospheric Administration, chose to protect the fish because of the important role they play in the ecosystem.

The fish, along with some crustaceans and mollusks, are considered prey for larger fish sought by commercial and recreational fishermen as well as marine mammals and birds.

Read the full story at Seafood Source

River herring, hurt by dams and climate, might be endangered

September 5, 2017 — PORTLAND, Maine — The federal government is reviewing the status of a pair of river herring species to see if the little fish should be listed under the Endangered Species Act because of factors including dams and climate change.

The National Marine Fisheries Service is looking at the health of the alewife and blueback herring populations. The fish live in rivers from Maine to Florida, and conservationists have long made the case that their declining populations pose a major problem for the health of ecosystems along the East Coast.

The herring species are estimated to be at about 3 percent of their historical abundance, fisheries service biologist Tara Lake said in August. The damming of rivers and the creation of other obstructions, she said, has reduced their access to habitat to 5 percent of its historic amount.

Read the full story from the Associated Press at the Westerly Sun

ALASKA: Stakeholders voice preferred changes to federal fisheries act

August 31, 2017 — SOLDOTNA, Alaska — Sportfishing groups and advocates want to see the federal government separate the management of sport and commercial fishing in the upcoming renewal of the Magnuson-Stevens Fishery Conservation and Management Act.

The act, originally passed in 1976 and co-sponsored by the late Alaska U.S. Sen. Ted Stevens, establishes the management system for federal and state fisheries in marine waters.

Under the law, the state has authority over waters from the mean high tide line out to three nautical miles offshore, and federal government has authority over waters from 3–200 nautical miles offshore, known as the Exclusive Economic Zone.

The National Marine Fisheries Service, a branch of the National Oceanic and Atmospheric Administration, oversees the fisheries in federal waters.

Last reauthorized in 2006, the act is up for renewal and potential amendment. Sen. Dan Sullivan, who chairs the Senate Oceans, Atmosphere, Fisheries and Coast Guard subcommittee, chaired a field hearing for the act at Kenai Peninsula College on Wednesday, hearing from more than a dozen witnesses on three panels and discussing potential changes to the act.

The hearing on the Kenai Peninsula was the first of the field hearings on the reauthorization.

Panelists with interests in the sportfishing industry repeatedly emphasized that commercial fishing and recreational fishing are two distinct activities and asked for recreational fishing to be considered in management decisions.

Read the full story at the Alaska Journal of Commerce

Oceana Loses Court Battle on Mid-Atlantic & New England Standardized Bycatch Reporting Methodology

August 28, 2017 — WASHINGTON — As part of its efforts to prevent overfishing, Congress has directed the National Marine Fisheries Service and regional councils to establish methodologies for collecting and reporting data on fish that are caught but subsequently discarded. Such discards are known as bycatch. In response to the congressional directive, the Northeast region adopted its Standardized Bycatch Reporting Methodology in 2015. Oceana, Inc., a nonprofit organization focused on protecting the oceans, filed suit, claiming that the adoption of this methodology violates the Magnuson-Stevens Act (MSA), the National Environmental Policy Act (NEPA), and the Administrative Procedure Act (APA).

In March 2015, the National Marine Fisheries Service approved a new version of the Standardized Bycatch Reporting Methodology, which is set forth in Standardized Bycatch Reporting Methodology: An Omnibus Amendment to the Fishery Management Plans of the Mid-Atlantic and New England Regional Fishery Management Councils, AR 6438-7511. NMFS then promulgated a final rule implementing the amendment in June 2015. United States District Judge Ellen Segal Huvelle has ruled that Oceana has not identified any feature of the 2015 SBRM that violates the MSA, APA, or NEPA.

The following is excerpted from an article published Friday by Courthouse News Service:

Federal regulators ducked a conservation-minded challenge Thursday concerning rules meant to minimize fishing bycatch.

The National Marine Fisheries Service adopted the rules in question two years ago, with approval from the D.C. Circuit.

Though the rules requires fishing vessels to occasionally have a biologist document the amount of fish caught and discarded, the group Oceana complained in a federal complaint that the infrequency of such observation undermines its efficacy as a serious check on fishing abuses.

U.S. District Judge Ellen Segal Huvelle sided with the agency Thursday at summary judgment, saying the issue comes down to how the Fisheries Service allocates its funding for NMFS, short for standardized bycatch reporting methodology.

“There is no funding trigger that needs to be adequately defined, nor a discretionary procedure for which the agency must set out an identifiable standard,” the ruling states. “Since there is no impermissibly vague funding trigger, the agency’s funding allocations to the SBRM are not reviewable.”

Read the full story at Courthouse News Service

NMFS Institutes More Swordfish Research Off Florida, Praised by EDF

August 16, 2017 — SEAFOOD NEWS — Dr. David Kerstetter of Nova Southeastern University will receive an exempted fishing permit (EFP) from the National Marine Fisheries Service (NMFS) to conduct research in the East Florida Coast Pelagic Longline Closed Area. Dr. Kerstetter will be working alongside Atlantic swordfish fishermen in an effort to “improve understanding of encounter rates of juvenile swordfish and species like sharks, bullfishes and sea turtles in order to find the best ways to reduce their mortality.”

According to Katie Westfall, senior manager of highly migratory species advocacy for EDF’s Oceans Program, fishermen have already made sacrifices to help the Atlantic swordfish population rebound. However, this project will help by collecting data from fisheries that “interact with imperiled highly migratory species.”

“The project will also pioneer an approach to link catch data with oceanographic data, allowing researchers to learn over time where and when species will occur in order to help fishermen avoid bycatch of sharks, billfishes, and sea turtles,” Westfall added. “This has the potential to be transformative by dramatically minimizing unnecessary deaths of protected species while improving the catch of healthy target species like swordfish.”

Westfall is hopeful that the research will help “pave the way to responsibly increasing yield in domestic fisheries and strengthening revenues for American seafood businesses.”

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

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