Saving Seafood

New Jersey-based herring fleet sues over at-sea monitoring rule

February 25, 2020 — New Jersey herring fishermen are going to court challenging a new rule forcing them to pay for at-sea monitoring, which they say will cost more than $700 a day for observers and cut their revenue from herring trips by more than 20 percent.

A half-dozen vessels associated with Lund’s Fisheries, based near Cape May, N.J. are named in the lawsuit filed last week against the New England Fishery Management Council, NOAA and the Department of Commerce.

Cape Trawlers, H&L Axelsson and Loper Bright Enterprises contend regulators have no statutory authority from Congress to impose industry-paid monitoring in addition to a separate, federally-funded observer program.

“The regulation also has the potential to modify other New England fishery management plans to allow for standardized implementation of additional industry-funded monitoring programs in the future,” Lund’s Fisheries said in a joint announcement with the Cause of Action Institute, a Washington, D.C.-based legal and free-market advocacy group.

A final rule published in the Federal Register Feb. 7, to take effect March 9, would require Atlantic herring trawlers with areas A and B permits to pay toward a 50 percent at-sea monitoring coverage target for the first time.

Originating with the 2018 Industry-Funded Omnibus Amendment approved by the New England council, the potential for levying new monitoring requirements had been in the background since being okayed by the Department of Commerce.

Read the full story at National Fisherman

New England Council Update – February 24, 2020

February 24, 2020 — The following was released by the New England Fishery Management Council:

Here are several timely meetings and management actions that directly relate to the work of the New England Fishery Management Council.

SCALLOPS:  The Council’s Scallop Advisory Panel (AP) and Scallop Committee both have a couple of meetings coming up.
  • Scallop AP:  The AP will meet on Wednesday, February 26, 2020 at the Hilton Garden Inn in Boston.  The agenda and meeting materials are available here.
  • Scallop Committee:  The Committee will meet on Thursday, February 27, 2020 at the same hotel in Boston.  Here are the meeting materials.
  • Scallop AP and Committee:  The Scallop AP and Committee will meet again back-to-back on Thursday and Friday, March 26 and March 27, 2020 at the Hilton Garden Inn in Boston.  More information will be posted on the Council’s scallop webpage in the near future.
  • Scallop Framework Adjustment 32:  The Council signed off on Framework 32 during its December 2019 meeting.  The National Marine Fisheries Service (NMFS/NOAA Fisheries) has reviewed the document and is accepting public comments on the proposed rule through March 6, 2020.  Here is the Framework 32 webpage.
  • Of Note:  NOAA Fisheries released its Fisheries of the United States 2018 Report.  Scallops ranked fourth in the nation in the category called “highest value species groups,” coming in at $541 million.  Roughly $532.3 million of that total came from sea scallop landings and the remainder was due to bay scallops.  Scallop landings helped make New Bedford, MA the highest value fishing port in the U.S. for the 19th consecutive year.
ATLANTIC HERRING:  The Council’s Herring AP and Herring Committee will meet on Tuesday, March 3, 2020 at the Four Points by Sheraton in Wakefield, MA.  The AP will start off in the morning at 8:30 a.m. and the Committee will meet after lunch, roughly around 1 p.m.  Here’s the agenda.  Meeting materials for both the AP and Committee meeting are available here.
  • Draft Addendum III:  The Atlantic States Marine Fisheries Commission (ASMFC) will hold a hearing on Draft Addendum III to the interstate herring plan at 11:00 a.m. on March 3 at the same location as the New England Council’s Herring AP and Herring Committee meetings.  According to ASMFC, Draft Addendum III “proposes options to better manage the Area 1A (inshore Gulf of Maine) sub-annual catch limit under low quota scenarios.”
FISHERY DATA:  The Fishery Data for Stock Assessment Working Group has delivered its final report to the Council.  The Council established the working group to explore how fishery-dependent data can be used to inform stock abundance and explain how this information is used in stock assessments.  The group developed a number of recommendations.  Learn more about the working group’s charge and membership. 
 
ABC CONTROL RULE CONTRACTOR:  The Council is seeking an independent contractor to develop alternatives for acceptable biological catch (ABC) control rules for groundfish stocks that have undergone analytic assessments as of 2019.  Letters of interest and supporting documents must be received by March 18, 2020.  Details are available at groundfish ABC control rules.  Here’s a link to the announcement.
 
SKATES – SAVE THE DATE:  The Skate AP and Skate Committee will meet jointly on Thursday, March 26, 2020 at the Fairfield Inn in New Bedford.  More information will become available shortly.  Here is the Council’s skate webpage.
  • The Council developed Framework Adjustment 8 to the Northeast Skate Complex Fishery Management Plan to set skate wing and skate bait specifications for the 2020-2021 fishing years.  NOAA Fisheries is collecting public comment on the framework through March 6, 2020.  Documents are available on the Framework 8 webpage.
RED HAKE:  Here’s a reminder that the Red Hake Stock Structure Research Track Assessment Meeting will be taking place March 9-12, 2020 in Woods Hole, MA.  The Council is working on an action to rebuild southern red hake.  Visit the Council’s whiting webpage for future developments. 
 
EBFM – SAVE THE DATE:  The Ecosystem-Based Fishery Management (EBFM) Committee and EBFM Plan Development Team will meet jointly on Tuesday, March 31, 2020 at the Fairfield Inn in New Bedford.  More information will become available shortly.  Here is the Council’s EBFM webpage.
 
JOIN US!  MAINE FISHERMEN’S FORUM:  The Maine Fishermen’s Forum will take place March 5, 6, and 7, 2020 at the Samoset Resort in Rockport, ME.  Several Council members and staff are participating in many of this year’s seminars, including a special day-long offshore wind session.  Council representatives also will be taking part in seminars about:  Groundfish Monitoring Amendment 23; changes in the federal Atlantic herring fishery; updates on the federal scallop fishery in the Gulf of Maine; an open forum with fisheries leadership; and reconsideration of Atlantic cod stock structure in U.S. waters.
  • Detailed descriptions of the seminars are available at Maine Fishermen’s Forum 2020.
  • Tables with daily at-a-glance schedules are available on the forum’s forms and schedules webpage.

Family Fishermen Challenge Illegal, Industry-Killing At-Sea Monitoring Rule

February 20, 2020 — The following was released by Lund’s Fisheries and Cause of Action Institute:

Cause of Action Institute (“CoA Institute”) today filed a lawsuit on behalf of a group of New Jersey family fishermen to block a new regulation that would force them to pay for third-party “at-sea monitors.” The industry-killing rule-which was designed by the New England Fishery Management Council and promulgated by the National Oceanic and Atmospheric Administration and U.S. Department of Commerce-will require certain boats in the Atlantic herring fishery to carry “at-sea monitors” and at their own cost.

The agencies are forcing this requirement on the fisherman despite no statutory authority to do so and in addition to a separate, federally funded observing program. The regulation also has the potential to modify other New England fishery management plans to allow for standardized implementation of additional industry-funded monitoring programs in the future.

“The herring trawl fishery and been vilified and over-regulated, with little demonstrated biological benefit to the herring resource, for too long. If our vessels are forced to pay these at-sea monitoring fees, it may drive some of us out of business, as several boats have already been forced out of the fishery through reduced quotas and burdensome regulation,” said Jeff Kaelin, Director of Sustainability and Government Relations at Lund’s Fisheries, Inc., and representative for the Plaintiffs. “The herring trawl fishery is heavily monitored and regulated already-with everything from exclusion zones covering hundreds of square miles of ocean where we have historically fished, to move-along rules enforced when a mechanical failure may occur. Monitoring New England’s and the Mid-Atlantic’s commercial fisheries is an inherent governmental function. Herring fishermen have worked with the Councils for years in advancing conservation and the sustainability of the herring resource and fishery. The Omnibus Amendment will not benefit those goals in any significant way and has been developed with no Congressional authority for doing so. This is the last straw.”

At-sea monitoring is expected to cost over $700 a trip. Herring fishermen will suffer a drop in income projected as at least 20%, which will challenge companies to remain profitable and subsequently have the effect of driving up costs to lobster and crab fishermen throughout the region. Monitors are required to live with the fishermen at sea, observe their activities, check their compliance with federal regulations, and file reports upon return to the dock. This increased regulatory burden comes despite herring fishermen successfully complying with complex, multi-layered state and federal fishing regulations since the Atlantic herring fishery management plan was adopted in 1999.

As many stakeholders explained in the lead-up to the new regulation, regulators have no statutory authority to require these family fishermen to pay for their own policing. And the process by which the government imposed the new rule for the herring fishery is procedurally suspect. CoA Institute is stepping-in to stop this unlawful overreach. If the industry-funding requirement moves forward, it will imperil one of America’s oldest and most-storied professions.

“The federal government finalized this regulation despite having no authority from Congress to do so. Commercial fishermen and their friends have been raising concerns about the inadequate legal basis for industry-funded at-sea monitoring for years,” said CoA Institute Counsel Ryan Mulvey. “But regulators have ignored these arguments. We cannot let the administrative state push rules that go beyond its power and crush an already-beleaguered industry. We are proud to represent America’s fishermen.”

A copy of the Complaint can be found HERE.

Plaintiffs are represented by CoA Institute counsels Ryan P. Mulvey and Eric R. Bolinder.

NOAA Fisheries Proposes 2020-2023 Atlantic Deep-Sea Red Crab Quotas

February 20, 2020 — The following was released by NOAA Fisheries:

NOAA Fisheries is proposing specifications for the 2020 Atlantic deep-sea red crab fishery, including an annual catch limit and total allowable landings limit. We are also proposing projected quotas for 2021-2023.

The New England Fishery Management Council recommended increasing the red crab fishery quota 12.7 percent to 2,000 metric tons for fishing years 2020-2023.  Landings from 2013-2018 were below this quota, but have been increasing.

This rule proposes two regulatory updates:

  1. Revising the specifications timeframe from 3 to 4 years to match the recently updated Northeast Fisheries Science Center’s stock assessment schedule.
  2. Removing an outdated and unnecessary regulation that requires the Red Crab Plan Development Team to meet annually to review the status of the fishery.

Read the proposed rule as published in the Federal Register and supporting documents on the Council’s website.

The comment period is open through March 6.

You may submit comments, identified by NOAA-NMFS-2020-0007, by either one of the following methods:

  • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking portal. Go to our e-rulemaking portal, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
  • Mail: Submit written comments to Michael Pentony, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Please mark the outside of the envelope, “Comments on the Red Crab Proposed Rule.”

Read the full release here

NOAA Fisheries Seeks Comments on Proposed Measures for Atlantic Sea Scallop Fishery

February 20, 2020 — The Following was released by NOAA Fisheries:

NOAA Fisheries seeks comment on a proposed rule (Framework 32) to set management measures for the Atlantic Sea Scallop fishery for the 2020 fishing year (April 1, 2020–March 31, 2021).

The landings for fishing year 2020 are projected to be lower than 2019, but still above the historical average. Although the scallop fishery is healthy, results from the 2019 scallop surveys showed that recruitment has not been robust, so the New England Fishery Management Council supported taking a conservative approach.

 Framework 32 to the Atlantic Sea Scallop Fishery Management Plan would:

  • Set specifications for the scallop fishery for fishing year 2020, including days-at-sea, individual fishing quotas, sea scallop access area trips, and the Northern Gulf of Maine Management Program;
  • Set precautionary default 2021 specifications, in case we implement the next framework after the April 1, 2021 start of the 2021 fishing year;
  • Allocate effort into five rotational access areas (Mid-Atlantic, Nantucket Lightship-South-Deep, Nantucket Lightship-North, Closed Area I, and Closed Area II);
  • Allow scallop landings allocated to Closed Area 1 to also be landed in the Mid-Atlantic;
  • Extend the existing seasonal closure in Closed Area II by two additional weeks to reduce bycatch of Georges Bank yellowtail flounder and northern windowpane flounder;
  • Close areas to fishing to protect small scallops and reduce bycatch of flatfish;
  • Modify the one-for-one access area trip exchange requirements to accommodate different access area allocations;
  • Reduce the limited access general category portion of the Northern Gulf of Maine total allowable catch by 3,718 lb to account for an overage in fishing year 2018; and
  • Set payback measures for vessels that fish 2020 default allocation in the Nantucket Lightship-West Access Area, in case we implement Framework 32 after the April 1 start of the 2020 fishing year.

Read the proposed rule as published in the Federal Register. We will be accepting public comments on this rule through March 6, 2020, through the online e-rulemaking portal or by mailing your comments to:

Michael Pentony, Regional Administrator
NOAA Fisheries Greater Atlantic Region
55 Great Republic Drive
Gloucester, MA, 01930

Please mark the outside of the envelope, “Comments on the Proposed Rule for Atlantic Scallop Framework 32.”

Read the full release here

Higher catch limits proposed for haddock

February 20, 2020 — Northeast groundfishermen could have significantly more access to two haddock stocks, American plaice and pollock in the coming fishing season after the New England Fishery Management Council posted revised catch limits to the key stocks.

The council on Wednesday green-lighted triple-digit increases in 2020 catch limits for Georges Bank haddock (129%) and American plaice (100%), as well as a 45% increase in the catch limit for Gulf of Maine haddock as compared to 2019.

It also approved a revised catch limit for pollock that brings the stock’s catch limits closer to 2019 levels. Instead of the 63% reduction initially recommended by the council’s Scientific and Statistical Committee, the council approved a 36% reduction.

Those catch limits must be approved by NOAA Fisheries to go into effect for the new fishing season that begins May 1.

“All four stocks are healthy and well above their spawning stock biomass targets based on the latest assessments,” the council said in its statement on the revised catch limits.

Read the full story at the Gloucester Daily Times

New England Council Seeks Contractor to Develop Groundfish ABC Control Rule Alternatives

February 19, 2020 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council is seeking the services of an independent contractor to develop alternatives for Northeast multispecies (groundfish) acceptable biological catch (ABC) control rules. This is a medium-term, temporary contractor role, commencing in late March 2020 and expected to be completed by November 2020. Letters of interest and supporting materials must be received by March 18, 2020.

WHY IS THIS HAPPENING: Thirteen groundfish species – some with separate geographic stocks – are managed under the Northeast Multispecies Fishery Management Plan (FMP). The Council’s Scientific and Statistical Committee (SSC) is required by law to recommend ABCs for each stock based on an ABC control rule. The Council establishes control rules in consultation with the SSC. These control rules account for scientific uncertainty in the overfishing limit (OFL) and the Council’s risk policy. The current ABC control rules are contained in Amendment 16 to the FMP, which was implemented in 2010. Given developments over the past decade, these control rules may not reflect best practices, changes in policy, lessons learned from experience, and modifications to the law. Therefore, the Council is revisiting the control rules.

WHICH STOCKS ARE INVOLVED: This contract will focus on groundfish stocks with analytic assessments as of 2019, which are: Gulf of Maine cod, Gulf of Maine haddock, Georges Bank haddock, American plaice, pollock, Georges Bank winter flounder, white hake, Acadian redfish, Cape Cod/Gulf of Maine yellowtail flounder, Southern New England/Mid-Atlantic yellowtail flounder, and Southern New England/Mid-Atlantic winter flounder. The contract is limited to stocks with analytic assessments because a research track assessment in 2020 is expected to address stocks with empirical assessments.

WHAT’S EXPECTED: The contractor will work closely with representatives of the Council’s SSC, Groundfish Plan Development Team (PDT), and Groundfish Committee. Since the Council establishes ABC control rules in consultation with its SSC, the contractor will analyze and evaluate a suite of suitable control rules but not recommend a specific one. At present, standard ABC control rules are applied to groundfish stocks with analytic assessments – the rules are not tailored for each stock – and this should be the approach tested by the contractor.

  • The contractor will prepare a report that evaluates the performance of the control rules against a range of metrics that will be identified by Council representatives.
  • The contractor will be expected to identify possible ABC control rules and test their performance in a Management Strategy Evaluation (MSE) framework. This should be a “desktop” MSE working closely with Council representatives.

DESIRED EXPERIENCE AND SKILLS: The Council is looking for candidates that have familiarity with the U.S. federal fisheries management system, preferably in New England but this is not required. Additionally, among other skills, candidates should have: (1) extensive experience with analytic stock assessments and the use of simulation techniques to evaluate various ABC control rules and preferably be familiar with the stock assessment and projection models used for Northeast multispecies stocks; (2) a demonstrated ability to summarize complex policies and procedures in clear, easily read documents and through concise verbal discussions; (3) an advanced degree in a fisheries technical field, particularly in population dynamics, modeling, and stock assessment; and (4) a demonstrated ability to summarize conflicting information in an objective manner.

APPLICATION DETAILS: Interested professionals are encouraged to submit a letter of interest, current resume or curriculum vitae, examples of similar work completed for other organizations or publications, and a budget with expected expenses no later than March 18, 2020.

  • A complete list of desired experience and demonstrated skills can be found in the solicitation announcement, along with application mailing/email addresses and other information.
  • NOTE: Candidates employed by advocacy organizations or by organizations that are parties in fishery lawsuits will not be considered.

ADDITIONAL RESOURCES: Interested candidates may want to review:

QUESTIONS: For more information, contact Executive Director Tom Nies at (978) 465-0492 ext. 113, tnies@asmfc.org.

NEFMC Posts Draft Groundfish Framework 59 Update on Website

February 19, 2020 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council has posted a revised draft of the preferred alternatives for Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan on its website. The draft includes updated tables that reflect the Scientific and Statistical Committee’s (SSC) acceptable biological catch (ABC) recommendations for groundfish stocks for the 2020-2022 fishing years and the annual catch limits (ACLs) and sub-ACLs that stem from those recommendations.

A copy of the revised preferred alternatives is available here. The revised sub-ACLs are reflected in the tables at right and on page 2.

The Council signed off on Framework 59 during its December 2019 meeting. At the time, the Council approved 2020-2022 catch limits for most of the stocks in the groundfish complex based on the SSC’s ABC recommendations.

However, the Council voted to send four stocks back to the SSC for reconsideration – Gulf of Maine haddock, Georges Bank haddock, American plaice, and pollock. All four stocks are healthy and well above their spawning stock biomass targets based on the latest assessments

Read the full release here

Conservation Law Foundation petitions to halt Northeast cod fishing

February 14, 2020 — Charging that New England fishery regulators are dominated by “deference to short-term economic interests,” the Conservation Law Foundation on Thursday filed a petition with the Department of Commerce seeking a halt to all directed fishing for Atlantic cod.

No fishing should be allowed until the New England Fishery Management Council and NMFS meet their legal obligation to end overfishing and rebuild the Georges Bank and Gulf of Maine cod stocks, the Boston-based environmental group says. Those steps should include 100 percent at-sea monitoring, area closures to protect spawning locations and habitat, and requiring selective groundfish gear, such as haddock separator trawls, the petition says.

The foundation wants a prohibition on directed commercial and recreational fishing using large area closures “once a stock’s incidental catch limit is caught.” The petition also calls for reducing “the incidental catch rate annually consistent with the current acceptable biological catch control rule until overfishing at sea is ended.”

 “Our regional managers have lost control of and abandoned the cod fishery,” said Peter Shelley, the foundation’s senior counsel, in announcing the petition.

“After decades of reckless decision-making, Atlantic cod populations are now in crisis,” said Shelley. “To give this iconic species a chance at survival and recovery, the federal government must take the strongest possible action today and temporarily prohibit further cod fishing.”

Read the full story at National Fisherman

Cod, haddock anglers could get 2 extra weeks of fishing

February 10, 2020 — Recreational anglers of cod and haddock would receive two extra weeks of spring fishing in upcoming seasons under new measures recommended by the New England Fishery Management Council.

The council, in advancing its recommendations, followed the guidance of both its recreational advisory panel and groundfish committee concerning Georges Bank cod, Gulf of Maine cod and Gulf of Maine haddock.

The recommendations require approval by NOAA Fisheries, which said it expects to implement its recreational measures by the time the new fishing season dawns on May 1.

The council recommended no changes from the 2019 season for Georges Bank cod. The open season will be year-round, with a bag limit of 10 fish per day per angler and a minimum size of 21 inches.

For Gulf of Maine cod, the council recommended instituting a two-week spring open season — April 1 to 14 — in addition to the existing fall open season of Sept. 15 to 30.

The bag limit and minimum size for Gulf of Maine cod remain the same as 2019 — one fish per day per angler and 21 inches, respectively.

Read the full story at the Gloucester Daily Times