Saving Seafood

Sturgeon ruling may impact federally funded projects

Merrimack River made ‘critical habitat’ for Atlantic sturgeon

September 1, 2017 — They are large, bony fish whose ancestors began swimming the Earth during the Triassic period, some 245 million years ago.

The federal government says the Atlantic sturgeon is now an endangered species in some places and is threatened in others, and that states up and down the Eastern Seaboard must take necessary measures to ensure their survival.

A ruling handed down on Aug. 16 by the Department of Commerce through the National Oceanic and Atmospheric Administration, designates the Gulf of Maine as a critical habitat for the fish, which includes approximately 152 miles of water in the Merrimack River in Massachusetts, the Penobscot, Kennebec, Androscoggin and Piscataqua rivers of Maine, and the Cocheco and Salmon Falls rivers of New Hampshire.

But what sort of impact will the efforts to replenish the Atlantic sturgeon population have on Merrimack Valley cities like Haverhill and Lawrence?

Allison Ferreira, spokeswoman for NOAA’s Greater Atlantic Regional Fisheries Office, said Friday that the ruling mandates that when a federal agency constructs or develops a project near the river or there is a project that is receiving some amount of federal money, such as a highway or bridge project where there could be significant water runoff, that agency must contact NOAA to ensure proper measures are taken so as not to upset the fish’s natural habitat.

Read the full story at the Haverhill Gazette

States Schedule Hearings on Atlantic Menhaden Draft Amendment 3

August 17, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission: 

August 31, 2017 — This press release revises the release distributed August 17th with the addition of Maryland’s public hearing information. All other information remains the same.

September 20, 2017 — This press release revises the release distributed on August 31st, rescheduling Florida’s hearing from September 26th to October 10th. Details on PRFC’s listen only webinar are also provided below.

The Atlantic coastal states of Maine through Florida have scheduled their hearings to gather public comment on Draft Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. The details of those hearings follow.

Maine Dept. of Marine Resources

October 5, 2017; 6 PM

Yarmouth Town Hall

200 Main Street

Yarmouth, ME

Contact: Pat Keliher at 207.624.6553

New Hampshire Fish and Game Department

October 3, 2017; 7 PM

Urban Forestry Center

45 Elwyn Road

Portsmouth, NH

Contact: Cheri Patterson at 603.868.1095

Massachusetts Division of Marine Fisheries

October 2, 2017; 6 PM

Thayer Public Library, Logan Auditorium

798 Washington Street

Braintree, MA

Contact: Nichola Meserve at 617.626.1531

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October 5, 2017; 6 PM

Bourne Community Center, Room 2

239 Main Street

Buzzards Bay, MA

Contact: Nichola Meserve at 617.626.1531

Rhode Island Division of Fish and Wildlife

October 4, 2017; 6 PM

University of Rhode Island Bay Campus

Corless Auditorium, South Ferry Road

Narragansett, RI

Contact: Robert Ballou at 401.222.4700 ext: 4420

Connecticut Department of Energy and Environmental Protection

September 11, 2017; 7 PM

CT DEEP Boating Education Center

333 Ferry Road

Old Lyme, CT

Contact: Mark Alexander at 860.447.4322

New York Dept. of Environmental Conservation

September 12, 2017; 6 PM

NYSDEC Division of Marine Resources

205 N. Belle Mead Road

East Setauket, NY

Contact: Jim Gilmore at 631.444.0430

New Jersey Division of Fish and Wildlife

September 13, 2017; 6 PM

Manahawkin (Stafford Township) Courtroom

260 East Bay Avenue

Manahawkin, NJ

Contact: Russ Allen at 609.748.2020

Delaware Division of Fish and Wildlife

September 14, 2017; 6 PM

DNREC Auditorium

89 Kings Highway

Dover, DE 19901

Contact: John Clark at 302.739.9914

Maryland Dept. of Natural Resources

September 18, 2017; 6 PM

Anne Arundel Community College

Cade Center fr the Fine Arts – Room 219

101 College Parkway

Arnold, MD

Contact: Lynn Fegley at 410.260.8285

 

Potomac River Fisheries Commission

September 19, 2017; 6 PM

Carpenter Building

222 Taylor Street

Colonial Beach, VA

Contact: Martin Gary at 804.456.6935

Virginia Marine Resources Commission

September 20, 2017; 6 PM

Northumberland High School

201 Academic Lane

Heathsville, VA

Contact: Rob O’Reilly at 757.247.2247

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September 21, 2017; 6 PM

2600 Washington Avenue, 4th Floor

Newport News, VA

Contact: Rob O’Reilly at 757.247.2247

North Carolina Division of Marine Fisheries

September 27, 2017; 6 PM

Central District Office

5285 US Highway 70 West

Morehead City, NC

Contact: Michelle Duval at 252.808.8013

Florida Fish and Wildlife Conservation Commission

October 10, 2017; 6 PM

Town of Melbourne Beach Community Center

507 Ocean Avenue

Melbourne Beach, FL

Contact: Jim Estes at 850.617.9622

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Draft Amendment 3 seeks to manage the menhaden resource in a way that balances menhaden’s ecological role as a prey species with the needs of all user groups. To this end, the Draft Amendment considers the use of ecosystem reference points (ERPs) to manage the resource and changes to the allocation method. In addition, it presents a suite of management options for quota transfers, quota rollovers, incidental catch, the episodic events set aside program, and the Chesapeake Bay reduction fishery cap.

The 2015 Benchmark Stock Assessment Report identified the development of ERPs as a high priority for Atlantic menhaden management. Menhaden serve an important role in the marine ecosystem as prey for a variety of species including larger fish (e.g. weakfish, striped bass), birds (e.g. bald eagles, osprey), and marine mammals (e.g. humpback whales, bottlenose dolphins). As a result, changes in the abundance of menhaden may impact the abundance and diversity of predator populations, particularly if the availability of other prey is limited. ERPs provide a method to assess the status of menhaden within the broad ecosystem context. Draft Amendment 3 provides a variety of reference point options, including the continued development of menhaden-specific ERPs as well as the application of precautionary guidelines for forage fish species.

Draft Amendment 3 also considers changes to the allocation method given concerns that the current approach may not strike an appropriate balance between gear types and jurisdictions. Specifically, under the current allocation method, increases in the total allowable catch (TAC) result in limited benefits to small-scale fisheries, and to several states. Furthermore, the current method may not provide a balance between the present needs of the fishery and future growth opportunities. Draft Amendment 3 considers a range of allocation alternatives, including a dispositional quota (bait vs. reduction), fleet-capacity quota (quota divided by gear type), jurisdictional quota, including a fixed minimum quota for each state, and an allocation method based on the TAC. In addition, the document considers five allocation timeframes including 2009-2011, 2012-2016, 1985-2016, 1985-1995, and a weighted approached which considers both historic and recent landings.

The Draft Amendment is available here or on the Commission website, www.asmfc.org, under Public Input. Fishermen and other interested groups are encouraged to provide input on the Draft Amendment either by attending state public hearings or providing written comment. Public comment will be accepted until 5:00 PM (EST) on October 20, 2017 and should be forwarded to Megan Ware, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at comments@asmfc.org (Subject line: Draft Amd. 3). If your organization is planning to release an action alert in response to Draft Amendment 3, please contact Megan Ware at 703.842.0740, so she can work with you to develop a unique subject line to enable us to better organize and summarize incoming comments for Board review.

Final action on the Amendment, as well as specification of the 2018 TAC, is scheduled to occur on November 14th at the BWI Airport Marriott, 1743 West Nursery Road, Linthicum, MD. For more information, please contact Megan Ware, Fishery Management Plan Coordinator, at mware@asmfc.org or 703.842.0740.

Atlantic Herring Eastern Maine Spawning Closure in Effect Starting August 28, 2017 through September 24, 2017

August 23, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic herring Area 1A (inshore Gulf of Maine) fishery regulations include seasonal spawning closures for portions of state and federal waters in Eastern Maine, Western Maine and Massachusetts/New Hampshire. The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved a forecasting method that relies upon at least three samples, each containing at least 25 female herring in gonadal states III-V, to trigger a spawning closure. However, if sufficient samples are not available then closures will begin on predetermined dates.

There is currently only one sample for the Eastern Maine spawning area to determine spawning condition; therefore, the Eastern Maine spawning area will be closed starting at 12:00 a.m. on August 28, 2017 extending through 11:59 p.m. on September 24, 2017. Vessels in the directed Atlantic herring fishery cannot take, land or possess Atlantic herring caught within the Eastern Maine spawning area during this time and must have all fishing gear stowed when transiting through the area. An incidental bycatch allowance of up to 2,000 pounds of Atlantic herring per trip/calendar day applies to vessels in non-directed fisheries that are fishing within the Eastern Maine spawning area.

Eastern Maine spawning area includes all waters bounded by the following coordinates:

Maine coast   68° 20’ W

43° 48’ N       68° 20’ W

44° 25’ N       67° 03’ W

North along the US/Canada border

For more information, please contact Toni Kerns, ISFMP Director, at tkerns@asmfc.org or 703.842.0740.

A PDF version of the announcement can be obtained here –http://www.asmfc.org/files/AtlHerring/AtlHerring_EasternMaineSpawningClosure_Aug2017.pdf.

Feds won’t respond to petition over payment of fish monitors

August 21, 2017 — PORTLAND, Maine — The federal government has waived its right to respond to a fishermen’s group’s petition to the U.S. Supreme Court about a court battle over the cost of fishing monitors.

The monitors are workers who collect data used to help develop government fishing regulations, and the government shifted the cost of paying for monitors to fishermen last year. A group of fisherman, led by David Goethel of New Hampshire, then sued the government over the change and lost in a federal district court and later in the federal appeals court in Boston.

Goethel filed a petition with the Supreme Court seeking a review of the case last month.

Read the full story from the Associated Press at the New Bedford Standard-Times

ASMFC Atlantic Herring Days Out Call for August 23 Cancelled

August 18, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s (Commission) Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts set effort control measures for the Area 1A fishery via Days Out meetings/calls.

The previously scheduled Days Out call on August 23, 2017 at 10:00 AM has been cancelled. The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts will continue to monitor landings information and will schedule a call if necessary. If a call is scheduled, at least 48 hours’ notice will be provided.

Please contact Toni Kerns, ISFMP Director, at tkerns@asmfc.org or 703.842.0740 for more information.

Deadline soon for feds’ response to fishing monitor petition

August 11, 2017 — A fishermen’s group says it’s still waiting on the federal government’s response to a petition it filed with the U.S. Supreme Court about the cost of fishing monitors.

The government shifted the cost of paying for monitors to fishermen last year, prompting a legal battle. A group of fishermen led by David Goethel of New Hampshire filed a petition seeking a review of the case last month.

A spokesman for the fishermen’s attorney says the government has until Monday to respond and has not done so.

Read the full story from the Associated Press at the New Haven Register

NEFMC Bids Farewell to One Member, Welcomes Another

August 11, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council is bidding farewell to Mary Beth Tooley of Maine and welcoming a new face to the Council table – Maine Department of Marine Resources (DMR) Commissioner Patrick Keliher.

On June 28, 2017, the Secretary of Commerce announced that three New England Council members, whose terms were scheduled to expire, had been reappointed to serve for another three years effective August 12, 2017.

  • Peter Kendall of New Hampshire was appointed to his third term on the Council;
  • Elizabeth “Libby” Etrie of Massachusetts was appointed to a second term; and
  • John Pappalardo of Massachusetts was appointed to a second term.

Terry Stockwell of Maine was appointed to fill the seat being vacated by Tooley, who had served three consecutive terms. Stockwell is the Council’s vice chairman and previously served as the state of Maine’s designated fisheries official to the Council. In June, however, Stockwell retired from state service following a 21-year career at DMR, and he now is beginning his first term as a secretarial appointee.

Read the full release at the NEFMC

ASMFC Atlantic Herring Days Out Call for August 9th Cancelled

August 8, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts set effort control measures for the Area 1A fishery via Days Out meetings/calls.

The previously scheduled Days Out call on August 9, 2017 at 10:00 AM has been cancelled. The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort on:

  • Wednesday, August 23 at 10:00 AM

To join the call, please dial 888.394.8197 and enter passcode 499811 as prompted.

NH fisherman takes $700-a-day mandate to have federal agent aboard to Supreme Court

July 31, 2017 — HAMPTON, N.H. — A commercial fisherman who is suing the National Oceanic and Atmospheric Administration over its at-sea monitoring program is hopeful the U.S. Supreme Court will hear his case on its merits.

David Goethel, of Hampton, who filed his original suit against the federal government in 2015, has been joined in his efforts by the Northeast Fisheries Sector 13. They represent fishermen from Massachusetts to North Carolina.

Cause of Action Institute, a nonprofit oversight group advocating for economic freedom and individual opportunity in Washington, D.C., is funding the lawsuit. Goethel said their support is evening the playing field for small commercial fishermen who are being forced to pay about $700 per day for at-sea monitors under current regulations.

“We simply just don’t have the money to play in these arenas,” Goethel said Friday.

Lawyers submitted their petition to the Supreme Court earlier this month. It calls for the court to reverse rulings about a 30-day statute of limitations for challenges, but at its heart, Goethel is asking for the case to be heard on its merits.

Goethel said he believes it is illegal for NOAA to require commercial fishermen to pay for at-sea monitors, when NOAA mandates them. NOAA has paid for the monitors on and off in the past, when they can find the money, Goethel said.

Read the full story at the New Hampshire Union Leader

Change in Area 1A Trimester 2 Effort Controls and Meeting Notice

July 27, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts revised the effort control measures for the 2017 Area 1A Trimester 2 (June 1 – September 30) fishery. The revised measures are underlined and become effective Sunday, July 30, 2017.

Days Out of the Fishery

  • Vessels with a herring Category A permit that have declared into the Trimester 2 Area 1A fishery may land herring five (5) consecutive days a week. One landing per 24 hour period. Vessels are prohibited from landing or possessing herring caught from Area 1A during a day out of the fishery.
    • Landing days in New Hampshire and Massachusetts begin on Monday of each week at 12:01 a.m.
    • Landings days in Maine begin on Sunday of each week at 6:00 p.m.
  • Small mesh bottom trawl vessels with a herring Category C or D permit that have declared into the Trimester 2 fishery may land herring seven (7) consecutive days a week.
 Weekly Landing Limit
  • Vessels with a herring Category A permit may harvest up to 680,000 lbs (17 trucks) per harvester vessel, per week.
  • 120,000 lbs out of the 680,000 lb weekly limit can be transferred to a carrier vessel (see below).
 At-Sea Transfer and Carrier Restrictions
The following applies to harvester vessels with a herring Category A permit and carrier vessels landing herring caught in Area 1A to a Maine, New Hampshire or Massachusetts port.
  • A harvester vessel can transfer herring at-sea to another catcher vessel.
  • A harvester vessel is limited to making at-sea transfers to only one carrier vessel per week.
  • Carrier vessels are limited to receiving at-sea transfers from one catcher vessel per week and can land once per 24 hour period. A carrier vessel may land up to 120,000 lbs (3 trucks) per week.  The carrier limit of 3 trucks is not in addition to the harvester weekly landing limit.
  • Carrier vessel: a vessel with no gear on board capable of catching or processing fish. Harvester vessel: a vessel that is required to report the catch it has aboard as the harvesting vessel on the Federal Vessel Trip Report.

The initial Area 1A sub-annual catch limit (ACL) is 31,115 metric tons (mt) after adjusting for a carryover from 2015 and the research set-aside. The Section allocated 72.8% of the sub-ACL to Trimester 2 and 27.2% to Trimester 3. After incorporating the 295 mt fixed gear set-aside and the 8% buffer (Area 1A closes at 92% of the sub-ACL) the seasonal quotas are 20,625 mt for Trimester 2 and 7,706 mt for Trimester 3.

These effort controls are projected to extend the Trimester 2 fishery through mid-September. Landings will be monitored closely and the fishery will be adjusted to zero landing days when the trimester’s quota is projected to be reached.

The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort on:

  • Wednesday, August 9 at 10:00 AM

Please noted the new passcode for the next call: To join the calls, please dial 888.394.8197 and enter passcode 499811 as prompted.

Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip from Area 1A on no landing days. Please contact Toni Kerns at tkerns@asmfc.org or 703.842.0740 for more information.