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James J. Gilmore, Jr. Elected ASMFC Chair

October 19, 2017 — NORFOLK, Virginia — The following was released by the Atlantic States Marine Fisheries Commission:

Today, member states of the Atlantic States Marine Fisheries Commission (Commission) thanked Douglas Grout of New Hampshire for an effective two-year term as Chair and elected James J. Gilmore, Jr. of New York to succeed him.

“I am honored by the support of my colleagues from the 15 Atlantic coast states, and grateful to Doug for shepherding the Commission through two challenging years,” said Mr. Gilmore. “I embrace the challenges that lie ahead and pledge to rise up to the lofty expectations set by my predecessors – especially Doug. Environmental and political threats to fisheries and management for the 15 sovereign coast states have never been greater.  As the Commission has always done, we must use these obstacles as stepping stones. I will ensure the voices of our many stakeholders – recreational, commercial, and conservation alike – are heard. The Commission must seek ways to ensure the integrity of our management process is protected, strengthen our collaboration with NOAA Fisheries, and continue forging alliances on Capitol Hill. With all the challenges facing the Commission, it’s all too easy to lose sight of our Vision: Sustainably Managing Atlantic Coastal Fisheries. Our Vision must guide the Commission through all its decisions.”

Under Mr. Grout’s chairmanship, the Commission made important strides in furthering its strategic goals. The Commission approved new plan amendments for northern shrimp and tautog and, by the end of the year, will likely adopt an important amendment for Atlantic menhaden and a new Cobia FMP. Commission science staff along with state and federal scientists completed benchmark stock assessments for Atlantic sturgeon, Atlantic croaker, spot, red drum; stock assessment updates for American eel, menhaden and river herring; and regional stock assessments and an assessment update for tautog.  All of these have provided much needed insight into the health of these species, as well as identified the continued challenges of assessing fish stocks given limited data and increasingly complex stock assessment models.

The Atlantic Coastal Cooperative Statistics Program (ACCSP) is now fully integrated under the Commission’s umbrella. State conduct of the Marine Recreational Information Program’s Access Point Angler Intercept Survey is well into its second year and is estimated to have increased the number of angler intercepts by nearly 10%. ACCSP has been collaborating with NOAA Fisheries Greater Atlantic Regional Office on an integrated reporting system, which will allow all related fisheries-dependent data collected from various sources, including vessel, observer, and dealer reports, to be linked. ACCSP has also been working closely with the Mid-Atlantic Council on launching its mandatory for-hire electronic reporting system and have begun discussions with the South Atlantic Council on its efforts to move to for-hire electronic reporting.

The Commission’s Habitat Committee and the Atlantic Coastal Fish Habitat Partnership continue to advance our understanding of the importance of the fisheries-habitat connection and provide us and habitat managers with tools to further habitat conservation. The Habitat Committee released the Sciaenid Fish Habitat Source Document, the most comprehensive compilation of habitat information to date on Commission-managed and other common sciaenid species found throughout the Western Atlantic. ACFHP completed its 5-year Conservation Strategic Plan and 2-year Conservation Action Plan which include goals, objectives, strategies, and actions to restore and enhance Atlantic coastal, estuarine, and diadromous fish habitat through conservation, science and data, outreach and communication, and financial initiatives. The Commission’s Law Enforcement Committee continued to coordinate enforcement activities directed at illegal glass eel harvest and to respond to lobster industry concerns about illegal activity in federal waters by working with our federal partners to place lobster as a high priority for federal enforcement and joint enforcement agreement activities.

Mr. Gilmore has served as Director of the Division of Marine Resources for New York State Department of Environmental Conservation for the past ten years. As a respected marine scientist and fisheries manager with more than 40 years of experience in both the public and private sector, Mr. Gilmore has built a reputation as a coalition builder and skilled negotiator. Mr. Gilmore is also an Executive Committee member of the New York Sea Grant Board of Directors and holds an adjunct faculty position at SUNY Stony Brook, where he teaches a graduate level fisheries management course. Most importantly, he is an avid marine angler, dividing his efforts between Long Island Sound’s south shore and southern New Jersey. Mr. Gilmore received a Bachelor of Arts in Biology from SUNY Plattsburgh and a Master’s in Marine Science from SUNY Stony Brook.

The Commission also elected Patrick Keliher, Commissioner of the Maine Department of Marine Resources, as its Vice-Chair.

ASMFC American Lobster Board Approves Draft Addenda XXVI & III to the American Lobster and Jonah Crab FMPs for Public Comment

October 17, 2017 — NORFOLK, Virginia — The following was released by the Atlantic States Marine Fisheries Commission

The Atlantic States Marine Fisheries Commission’s American Lobster Management Board approved American Lobster Draft Addendum XXVI/Jonah Crab Draft Addendum III for public comment. Given the same data collection needs apply to both American lobster and Jonah crab fisheries, Draft Addendum XXVI and Draft Addendum III are combined into one document that would modify management programs for both species upon its adoption. The Draft Addenda seek to improve harvest reporting and biological data collection in the American lobster and Jonah crab fisheries. The Draft Addenda propose using the latest reporting technology, expanding the collection of effort data, increasing the spatial resolution of harvester reporting, and advancing the collection of biological data, particularly offshore.

Recent management action in the Northwest Atlantic, including the protection of deep sea corals, the declaration of a national monument, and the expansion of offshore wind projects, have highlighted deficiencies in current American lobster and Jonah crab reporting requirements. These include a lack of spatial resolution in harvester data and a significant number of fishermen who are not required to report. As a result, efforts to estimate the economic impacts of these various management actions on American lobster and Jonah crab fisheries have been hindered. States have been forced to piece together information from harvester reports, industry surveys, and fishermen interviews to gather the information needed. In addition, as American lobster and Jonah crab fisheries continue to expand offshore, there is a greater disconnect between where the fishery is being prosecuted and where biological sampling is occurring. More specifically, while most of the sampling occurs in state waters, an increasing volume of American lobster and Jonah crab are being harvested in federal waters. The lack of biological information on the offshore portions of these fisheries can impede effective management.

The Draft Addenda present three questions for public comment: (1) what percentage of harvesters should be required to report in the American lobster and Jonah crab fisheries; (2) should current data elements be expanded to collect a greater amount of information in both fisheries; and (3) at what scale should spatial information be collected. In addition, the Draft Addenda provide several recommendations to NOAA Fisheries for data collection of offshore American lobster and Jonah crab fisheries. These include implementation of a harvester reporting requirement for federal lobster permit holders, creation of a fixed-gear VTR form, and expansion of a biological sampling program offshore.

It is anticipated the majority of states from Maine through New Jersey will be conducting public hearings on the Draft Addenda. The details of those hearings will be released in a subsequent press release. The Draft Addenda will be available on the Commission website, www.asmfc.org (under Public Input) by October 27th. Fishermen and other interested groups are encouraged to provide input on the Draft Addenda either by attending state public hearings or providing written comment. Public comment will be accepted until 5:00 PM (EST) on January 22, 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 Addenda XXVI & III).

ASMFC Spiny Dogfish Board Approves 2018 Fishery Specifications

October 17, 2017 — NORFOLK, Virginia — The following was released by the Atlantic States Marine Fisheries Commission

The Commission’s Spiny Dogfish Management Board approved a spiny dogfish commercial quota of 38,195,822 pounds for the 2018 fishing season (May 1, 2018 – April 30, 2019). The Board maintained a 6,000 pound commercial trip limit in state waters (0-3 miles from shore) in the northern region (Maine through Connecticut). The quota and northern region trip limit are consistent with the measures recommended to NOAA Fisheries by the Mid-Atlantic Fishery Management Council. States in the southern region (New York to North Carolina) have the ability to set state-specific trip limits based on the needs of their fisheries.

2018 marks the third year of the current federal 3-year specifications cycle. It is anticipated the stock assessment will be updated in 2018 to inform development of fishery specification recommendations, including the commercial quota, for 2019 and beyond. Additionally, the Board intends to discuss issues raised by the Advisory Panel (and other fishery participants) in more detail prior to setting 2019 specifications. The timing of the next benchmark stock assessment for spiny dogfish is less certain, however, the Board supported the Council’s recommendations to conduct a benchmark stock assessment in 2019, or soon after.

The 2018 spiny dogfish commercial quota allocations (in pounds) for the northern region and the states of New York through North Carolina are provided below. Any overages from the 2017 season will be deducted from that region’s or state’s 2018 quota allocation. Similarly, any eligible roll overs from the 2017 season will be applied to that region’s or state’s 2018 quota allocation.
For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, at krootes-murdy@asmfc.org or 703.842.0740

Cuomo threatens to sue if fluke quotas aren’t reallocated

October 11, 2017 — LONG ISLAND, New York — Gov. Andrew M. Cuomo threatened Tuesday to sue the federal government if two interstate fishery-management agencies meeting in December fail to reach an “equitable” redistribution of the coastwide quota for fluke.

In a letter to U.S. Secretary of Commerce Wilbur Ross on Tuesday, Cuomo wrote it was “imperative” that the federal and interstate agencies take “immediate action” to “reallocate” the quota for fluke “in a fair and equitable manner or New York will be forced to take legal action to protect the interests of fishermen in this state.”

Cuomo gave the agencies until December to act. “If the December meetings do not result in a process for a dramatic increase [in] the commercial fluke allocation for New York, I will commence litigation and secure from the courts the rights of New York’s fishermen as a matter of law,” he wrote.

Read the full story at Newsday

New York Commercial Fishermen Want Gov. Cuomo to Sue Federal Government Over Fluke Quota

October 10, 2017 — Several dozen fishermen, women and lawmakers last week urged Gov. Andrew M. Cuomo to make good on a promise to sue the federal government over New York’s disproportionately low share of the fluke fishery.

At a meeting at East Hampton Town Hall last Wednesday, the gathering of fishing interests sought to unify their agenda before a meeting with top state officials scheduled for next month.

The commercial fishery for fluke was shut down in September for the first time in recent memory. It reopened Oct. 1 with a 50-pound daily limit. New York gets 7.6 percent of the commercial fluke quota, while North Carolina and Virginia get more than 20 percent each.

Chuck Morici, a Montauk commercial fisherman, used an empty fish basket to demonstrate the inequities. New York’s current daily quota fills the basket by about a third, he said, while boats from Virginia can take 153 baskets — about 10,000 pounds.

Read the full story from Newsday at Seafood News

Montauk Remains The Largest Commercial Fishing Port in New York State

October 2, 2017 — While commercial fishing goes back to the late 17th Century in Cape May, it has been based in Montauk on the very eastern tip of Long Island for nearly that long. Montauk is the largest commercial fishing port in New York State today. WBGO’s Jon Kalish recently went out with a commercial fishing vessel to see what the work is like.

Listen to the full story at WBGO

NEW YORK: Strained Fluke Quotas, Hurricanes and Safe Harbor

Case of fisherman bound for North Carolina caught in José’s rough seas highlights inadequacies in interstate fishing regulations

September 29, 2017 — Less than a month after a bill granting vessels safe harbor in New York was signed by Governor Andrew Cuomo, a fishing vessel bound for North Carolina carrying 6,000 pounds of fluke has tested the new policy, straining New York’s federally designated fluke quotas.

The F/V Rianda S., which has long been a part of the Montauk fleet, was in transit to land its fish in North Carolina, where it has fishing licenses, on Sept. 17 after fishing in federal waters when it encountered the rough seas generated by Hurricane José and requested safe harbor in Montauk.

New York’s fluke fishery is closed for the month of September,  due to banner fluke landings this summer that strained the state’s already low federally mandated quotas.

The law granting safe harbor, sponsored by South Fork State Assemblyman Fred Thiele and East End State Senator Kenneth LaValle, allowed vessels fishing with licenses from other states immunity from prosecution for violations of state fishing regulations if they seek safe harbor under certain emergency situations, including weather, mechanical breakdown, medical emergencies and loss of essential gear that renders vessels unable to remain at sea.

The New York State Department of Environmental Conservation (DEC) guidelines for safe harbor were drawn with input from commercial fishermen after an incident in January 2015, when the arrival of bad weather forced a commercial fisherman with New Jersey fishing permits to land his fish in Hampton Bays instead of continuing on to New Jersey.

Read the full story at the East End Beacon

IUU Fishing off Montauk Exposed as NY Fines Party Boat Taking Illegal Sea Bass and Dumping Fish

September 20, 2017 — State marine enforcement officers issued eight tickets and 22 warnings last month after people aboard a party boat were spotted throwing “hundreds of pounds” of illegal fish overboard in Montauk Harbor, authorities said.

The boat was later found to have hundreds more undersized and over-the-limit fish — a combined 1,000 fish in all, authorities said last week.

The Department of Environmental Conservation, in an email, said a marine enforcement unit was patrolling Montauk Harbor Aug. 31 when officers confronted fishermen on the boat, Fin Chaser, who were tossing fish overboard. Anglers ignored orders to stop, the DEC said

Once at the Star Island Yacht Club dock in Montauk, officers discovered 500 fish in 17 coolers. They issued tickets and warnings for possession of undersized black sea bass and fluke, excess possession of sea bass and scup, failure to stop dumping on command and an incomplete vessel trip report.

Read the full story from Newsday at Seafood News

Fishing Groups and Communities Move Forward with Suit Against NY Wind Farm

WASHINGTON — September 19, 2017 — The following was released by the Fisheries Survival Fund:

A group of fishing organizations, businesses, and communities, led by the Fisheries Survival Fund (FSF), has moved forward with its lawsuit to halt the leasing of a planned wind farm off the coast of New York. The suit, filed against the Department of the Interior’s Bureau of Ocean Energy Management (BOEM), is seeking summary judgment and requesting the court to invalidate the lease, which was awarded to the Norwegian firm Statoil to develop the New York Wind Energy Area (NY WEA).

BOEM’s process for awarding the lease failed to properly consider the planned wind farm’s impact on area fish populations and habitats, shoreside communities, safety, and navigation. This violates the National Environmental Policy Act (NEPA), which requires an assessment of these impacts before issuing the lease, in conjunction with a full Environmental Impact Statement and an evaluation of alternative locations for any proposal.

BOEM’s failure to consider the impacts to fisheries, safety, navigation and other natural resources in the NY WEA prior to moving forward with the leasing process also violates the Outer Continental Shelf Lands Act (OCSLA), which charges BOEM with considering and providing for existing ocean users. And BOEM’s actions violate the Administrative Procedure Act, which prohibits agencies from acting in ways that are arbitrary, capricious, and contrary to law.

The site for the proposed wind farm includes key scallop, squid, and other Atlantic fishing grounds, as well as ocean habitats that are crucial for species such as loggerhead sea turtles, right whales, black sea bass and summer flounder. Because of how BOEM’s leasing process unfolds, the wind farm’s expected impacts on natural resources and those who rely on them will not be examined until the project is nearing completion.

“The plaintiffs in this case believe sensible wind energy development and fishing can co-exist,” said David Frulla, who is representing FSF and the other plaintiffs in the case. “But any offshore energy project must first meaningfully consider the impact on the habitats, marine species, and economic interests that may be harmed before selecting a wind farm site and issuing a lease to a private developer.”

FSF and the other plaintiffs sought a preliminary injunction against the $42.5 million lease before it was awarded in December 2016. While the judge presiding over the case stated that “the proper time for the agency to consider these environmental impacts may be at the present stage,” the request for a preliminary injunction was denied, as the judge did not believe it met the high standard of causing immediate harm that could not later be undone by a subsequent decision on the lease.

Following the plaintiffs’ filing last week, the federal government and Statoil are due to file their own cross-motions for summary judgment, and responses to the plaintiffs’ brief, in the coming months. The U.S. District Court for the District of Columbia will then make a decision on the merits.

The Fisheries Survival Fund is the lead plaintiff in the case. The organizations and businesses that have joined the suit are the Garden State Seafood Association and the Fishermen’s Dock Co-Operative in New Jersey; the Long Island Commercial Fishing Association in New York; and the Narragansett Chamber of Commerce, Rhode Island Fishermen’s Alliance, SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock in Rhode Island.

Municipalities that have joined the suit are the City of New Bedford, Mass.; the Borough of Barnegat Light, N.J.; and the Town of Narragansett, R.I.

October 2017 Mid-Atlantic Council Meeting in Riverhead, NY

September 19, 2017 — The following was released by the Mid-Atlantic Fishery Management Council:

Tuesday, October 10, 2017 – Thursday, October 12, 2017

Hyatt Long Island East End
451 East Main Street
Riverhead, NY 11901
Telephone 631-208-0002

The public is invited to attend the Mid-Atlantic Fishery Management Council’s October 2017 meeting to be held October 10-12, 2017 in Riverhead, NY. The meeting will be held at the Hyatt Long Island East End, 451 East Main Street, Riverhead, NY 11901, Telephone 631-208-0002.

Meeting Materials: Briefing documents will be posted at http://ww.mafmc.org/briefing/october-2017 as they become available.

Public Comments: Written comments must be received by Wednesday, September 27, 2017 to be included in the Council meeting briefing book. Comments received after this deadline but before close of business on Thursday, October 5, 2017 will be posted as “supplemental materials” on the Council meeting web page. After that date, all comments must be submitted using an online comment form available at available at http://www.mafmc.org/public-comment. Comments submitted via the online form will be automatically posted to the website and available for Council consideration.

Webinar: For online access to the meeting, enter as a guest at: http://mafmc.adobeconnect.com/october2017.

Agenda

PDF Version

Tuesday, October 10th

10:00 a.m. – 12:00 p.m. Executive Committee Meeting

  • Review 2017 and proposed 2018 implementation plans
  • Develop recommendations for 2018 priorities

12:00 p.m. – 1:00 p.m. Lunch

1:00 p.m. Council Convenes

1:00 p.m. – 1:15 p.m. Swearing In of New and Reappointed Council Members

1:15 p.m. – 1:30 p.m. Election of Officers

1:30 p.m. – 3:30 p.m. Surfclam and Ocean Quahog Goals and Objectives Workshop

  • Review results from Fisheries Forum project
  • Review Fishery Management Action Team recommendations
  • Identify and approve revised goals and objectives for public hearing document

3:30 p.m. – 4:30 p.m. Golden Tilefish Individual Transferable Quota Program Review

Review and approve final report

4:30 p.m. – 5:30 p.m. Regional Planning Body – Draft Vessel Monitoring System, Communities at Sea, and Ecologically Rich Areas Data Presentation, Nick Napoli – MARCO

Wednesday, October 11th

9:00 a.m. Council Convenes

9:00 a.m. – 9:30 a.m. Lobster Standardized Bycatch Reporting Methodology Framework – Meeting 2, GARFO

  • Final action on preferred alternatives

9:30 a.m. – 10:30 a.m. Spiny Dogfish Specifications

  • Review previously set specifications for 2018 and consider any modifications

10:30 a.m. – 12:30 p.m. Ecosystem Approach to Fisheries Management Risk Assessment

  • Finalize and adopt EAFM Based Risk Assessment

12:30 p.m. – 1:30 p.m. Lunch

1:30 p.m. – 2:30 p.m. Summer Flounder, Scup, and Black Sea Bass Commercial Accountability Measure Framework – Meeting 1

  • Review background, issues, and draft alternatives

2:30 p.m. – 3:00 p.m. 2018 Recreational Black Sea Bass Wave 1 Fishery

  • Consider a potential February 2018 opening of the recreational Wave 1 fishery

3:00 p.m. – 3:30 p.m. Law Enforcement Report

  • NOAA Office of Law Enforcement
  • U.S. Coast Guard

3:30 p.m. – 5:00 p.m. 2019 – 2023 Strategic Plan

  • Review plan for the development of the Strategic Plan

Thursday, October 12th

9:00 a.m. Council Convenes

9:30 a.m. – 1:00 p.m. Business Session

  • Committee Reports
  • Executive Director’s Report, Chris Moore
  • Science Report, Rich Seagraves
  • Organization Reports
    • NMFS Greater Atlantic Regional Office
    • NMFS Northeast Fisheries Science Center
    • NOAA Office of General Counsel
    • Atlantic States Marine Fisheries Commission
  • Liaison Reports
  • New England Council
  • South Atlantic Council
  • Regional Planning Body
  • Continuing and New Business
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