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NOAA Fisheries Seeks Comments on Notice of Availability for the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2

October 6, 2017 — The following was released by NOAA Fisheries:

Today, we published a Notice of Availability for the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2.

We are seeking public comment on an action that would:

  • Revise the essential fish habitat designations for all New England Fishery Management Council-managed species and life stages;
  • Add Habitat Areas of Particular Concern to highlight especially important habitat areas;
  • Revise the spatial management system within the Gulf of Maine, Georges Bank, and the southern New England area;
  • Establish two Dedicated Habitat Research Areas;
  • Revise or implement seasonal spawning protection measures; and
  • Add system for reviewing and updating the proposed measures.

Read the Notice as published in the Federal Register, and submit your comments through the online portal. You may also submit comments through regular mail to: John Bullard, Regional Administrator, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930.

The comment period is open through December 5, 2017.

ASMFC August/September 2017 issue of Fisheries Focus Now Available

October 6, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The August/September 2017 issue of ASMFC Fisheries Focus is now available at http://www.asmfc.org/uploads/file/59d79752FishFocusAugustSept2017.pdf.

INSIDE THIS ISSUE

Upcoming Meetings

page 2

From the Executive Director’s Desk

ASMFC Discusses Next Steps in State/Federal Management

page 3

Species Profile

Spot

page 4

Fishery Management Actions

American Lobster

Scup

page 7

Proposed Management Actions

Atlantic Menhaden

Cobia

page 9 

Science Highlight

ASMFC Releases Stock Assessment Updates for Atlantic Menhaden and River Herring

page 11

ACCSP

ACCSP Submits Regional Recreational Implementation Plan to NOAA Fisheries MRIP

page 12

Comings & Goings
page 14

Employees of the Quarter Named

page 16

Past issues of Fisheries Focus can be found here – http://www.asmfc.org/search/%20/%20/Fishery-Focus.

Copepods: Cows of the Sea

October 6, 2017 — If you look very closely at a glassful of water from a bay or the ocean, you would probably be surprised by the life inside. You might see miniature crustaceans the size of the period at the end of this sentence or baby crabs and fish that spend only a short span of their lives this small. These creatures are zooplankton, aquatic animals that drift with the currents.

It’s the Little Things 

These tiny animals form the basis of the food web of estuaries, coastal waters, and oceans. Zooplankton feed on microscopic plant-like organisms called phytoplankton, which get their energy from the sun. Tiny crustacean zooplankton called “copepods” are like cows of the sea, eating the phytoplankton and converting the sun’s energy into food for higher trophic levels in the food web. Copepods are some of the most abundant animals on the planet.

Fish such as anchovies cruise through the water with their mouths wide open, filtering copepods and other zooplankton from the water. Anchovies and other planktivores (plankton-eaters) are prey for bigger animals, like tuna, sharks, marine mammals, and seabirds.

Read the full story at NOAA Fisheries GARFO

High court declines to hear fishing monitor case

Fisherman: Justices ruled on technicalities, not merits

October 3, 2017 — The U.S. Supreme Court on Monday declined to hear New Hampshire fisherman David Goethel’s case that challenged the federal government’s ability to force commercial fishermen to pay the costs of at-sea monitoring.

The rejection by the Supreme Court is the third defeat suffered by Goethel and co-plaintiff South Dartmouth-based Northeast Fishing Sector XIII since they first sued NOAA Fisheries and other federal officials in December 2015 in U.S. District Court in New Hampshire.

The court’s rejection closes the door on this particular legal challenge of the government’s right to impose the cost of at-sea monitoring on commercial fishermen, as the Supreme Court also declined to remand the case back to a lower court.

“The Supreme Court was our last judicial hope to save the centuries-old New England industry,” Goethel said in a statement.

Later, in an interview, Goethel let loose against what he said is the “stacked deck” of standing up to regulators, as well as his frustration with the justice system.

“We had three chances and not once was our case decided on the merits,” Goethel said. “I’m bitterly disappointed with the government and I’m bitterly disappointed with the justice system. At each step of the way, our fate was decided by a technicality without ever having a hearing on the merits of the case.”

Read the full story at the Gloucester Times

ALASKA: NOAA proposes compensated reallocation program between halibut commercial and charter sectors

October 3, 2017 — NOAA Fisheries is proposing to authorize formation of a recreational quota entity (RQE), which could purchase and hold commercial halibut quota shares for use by charter anglers in International Pacific Halibut Commission (IPHC) regulatory Areas 2C (Southeast Alaska) and 3A (Southcentral Alaska).

The proposed regulatory amendment would allow one non-profit RQE to obtain a limited amount of commercial halibut quota shares under a willing buyer-willing seller model. The harvest pounds associated with the quota shares would become recreational fishing quota (RFQ) that could be used to augment the amount of halibut available for harvest in the charter halibut fishery annually under the halibut catch sharing plan.

In recent years, restrictions on charter anglers have become more stringent as halibut abundance has dropped and catch limits have been reduced. Typical restrictions include daily and annual limits on the number of fish retained, fish size limits, and closures on specific days of the week.

If the RQE obtains enough quota share, restrictions on halibut size and bag limits could be relaxed for charter anglers in years of low abundance, up to a point where charter anglers could potentially retain up to the daily limit for unguided anglers-currently two fish of any size per day.

Read the full story at Alaska Native News

Fish council to NOAA: Punish Rafael’s sector

October 2, 2017 — The New England Fishery Management Council wrapped up its three days of meetings in Gloucester last week, but not without sending a message to NOAA Fisheries that it’s time to consider possible enforcement actions against the New Bedford fishing sector that allowed Carlos Rafael to operate illegally over a four-year period.

The council voted 13-1, with two abstentions, on Wednesday to request NOAA’s Greater Atlantic Regional Fisheries Office immediately enforce sector regulations governing Northeast Fishing Sector IX’s operation plan. The sector, according to members supporting the motion, failed in its responsibility to ensure Rafael and other members played by the catch-share rules.

The question is how to get the sector to compensate the fishery for the more than 780,000 pounds of illegally landed or labeled fish that went misreported or unreported by Rafael. One suggestion was the sector be forced to buy additional quota commensurate with the overages, assuming enough quota exists for the species in question.

Read the full column at the Gloucester Times

Federal Managers Continue to Address Snapper Grouper Management

Council Votes to Allow for Red Snapper Seasons in 2017 and 2018

October 2, 2017 — CHARLESTON, S.C. — The following was released by the South Atlantic Fishery Management Council:

The South Atlantic Fishery Management Council began their week-long September Meeting with a Full Council Session to discuss red snapper management in the South Atlantic. The Council voted to request a 2017 Red Snapper Emergency Action, which would allow for recreational and commercial harvest this year. The request was sent to NOAA Fisheries and then on to the Secretary of Commerce. A decision is expected in the coming weeks and will be announced by NOAA Fisheries. For more details about the 2017 Emergency Action request, please refer to the Council’s earlier news release from September 25 and see the Council’s Story Map:

https://www.arcgis.com/apps/MapJournal/index.html?appid=8928fd890b6841949238a2390ef0b27c.

In addition to the 2017 Emergency Action request for red snapper, the Council continued to move forward with changes to red snapper management for 2018 with the approval of Snapper Grouper Regulatory Amendment 43 for formal review by the Secretary of Commerce. The amendment follows the same actions outlined in the 2017 Emergency Action request, setting a total annual catch limit of 42,510 fish to be harvested in 2018. If approved, the amendment is expected to go into effect in the summer of 2018 with the recreational fishery opening the second Friday in July (July 13, 2018) and the commercial fishery opening the second Monday in July (July 9, 2018).

Vision Blueprint Recreational Amendment

The Council continued development of Vision Blueprint Recreational Regulatory Amendment 26, an amendment born from stakeholder guidance during the Council’s visioning process and workshops. After much discussion, the Council agreed on restructuring the approach to the amendment to reflect how the fishery currently operates, consider predictable seasons, and simplify regulations. Under this new approach, the recreational aggregates would be divided into three groups – deep-water species; shallow-water groupers; and other shallow-water species. Alternatives include options for modifications to bag limits, seasons for deep-water species and shallow-water groupers, and size limits for deep-water species and triggerfish that would help streamline the regulations for anglers, law enforcement, and managers. Council provided further guidance to staff and development of the amendment will continue at the December Council Meeting.

Atlantic Cobia Management

Discussion on the future of cobia management in the South Atlantic continued this week through the development of Coastal Migratory Pelagics (CMP) Amendment 31. The Atlantic States Marine Fisheries Commission (ASMFC) is currently holding public hearings to gather input from stakeholders about the Draft Fishery Management Plan for Atlantic Migratory Group Cobia (GA-NY), a plan that complements federal regulations already in effect in the South Atlantic. Since drafting this plan, ASMFC has requested that the Council consider removing Atlantic Migratory Group Cobia from the federal Fishery Management Plan and transferring total management jurisdiction to the ASMFC. Fishermen from all corners of the region have expressed concerns about the current recreational cobia closure in federal waters. To address public concerns, the Council began work on CMP Amendment 31, which proposes alternatives for a total transfer of jurisdiction or complementary management with ASMFC. The Council approved the alternatives in the document for further development and will continue to discuss the federal role in cobia management at the December meeting in Atlantic Beach, North Carolina.

Magnuson-Stevens Act Revision Discussion

The Council reviewed and approved modifications to the Council Coordinating Committee Working Paper that outlines the views of all 8 Councils on issues related to MSA Reauthorization. Impacts of various MSA-related senate and house bills were also reviewed. Topics include rebuilding timelines, annual catch limits, experimental fishing permits, recreational/commercial data needs, and many others. The Council expressed support for exploring ways to obtain more flexibility in managing recreational fisheries.

Election of New Chair and Vice Chair

During the full Council session on Thursday, Council members, staff, and audience members applauded Dr. Michelle Duval’s time as Chair of the South Atlantic Council. Dr. Duval, as noted by her peers, has proven to be a dedicated and driven leader. Council members and staff remain grateful that she will continue to offer her profound guidance and support as North Carolina’s state agency representative. Vice-Chair Charlie Phillips, the commercial representative from Georgia, was elected as the new Chair and South Carolina’s recreational representative, Mark Brown, will serve as the Vice-Chair. Chair Charlie Phillips expressed his gratitude and said, “I look forward to keeping the Council on track and to following up on the needs of stakeholders. Considering we have such great Council members and staff, there is no reason we cannot do that.” The Council is pleased to have these two career fishermen at the helm and looks forward to their leadership in the coming years.

The next meeting of the South Atlantic Fishery Management Council will be held December 4-8, 2017 in Atlantic Beach, North Carolina. Additional information about this week’s meeting, including an interactive story map, meeting report and summary reports from each committee are available from the Council’s website at: http://safmc.net/safmc-meetings/council-meetings/. 

Retiring NOAA exec has impossible to-do list: whale deaths, Rafael decision, more

September 29, 2017 — GLOUCESTER, Mass. — John Bullard knows he has a daunting list of tasks to complete before he walks away, in about three months, from his position as the National Oceanic and Atmospheric Administration’s (NOAA’s) top decision maker for the northeastern part of the US.

It’s urgent for NOAA to determine why so many right whales have recently died, take action to protect scallop populations in the northern Gulf of Maine and advance the Omnibus Habitat Amendment, a six-volume document that’s been in the works for 10 years and would address essential fish habitat as well as permanent and seasonal closed areas, he believes. But that’s just a few of the jobs he told Undercurrent News he wants to see to completion before leaving.

The announcement, made in July, that Bullard will retire as the administrator of NOAA Fisheries’ Greater Atlantic Region on Jan. 5 puts a cap on a recent five-year stint at the agency, which he told Undercurrent during a break at the New England Fishery Management Council meeting, is three years longer than he said he told his wife he would stay in the job. He said he has not yet decided what he will spend his time on after that.

“I’m retiring,” he reiterated when pressed. “I’m retiring.”

Neither will NOAA, which advertised Bullard’s job for a month starting on Aug. 7, say how many candidates it’s now considering to fill his post or suggest when a successor might be named. It’s the agency’s policy to “not comment on ongoing hiring actions,” a spokesperson said.

Whoever is awarded the position – one of five regional leadership positions for NOAA — will have the daunting job of working with the fishery councils to manage 44 fish stocks, including two in New England (scallops and lobster) that are worth more than $500 million per year each, according to the agency.

Read the full story at Undercurrent News

Rep Young’s Magnuson Bill to Move Ahead with Input from Calif. Rep Huffman; Aim is No Poison Pills

September 28, 2017 — SEAFOOD NEWS — Alaska’s Representative Don Young closed Tuesday’s hearing on four fisheries bills, by remarking to the panel, “We are going to use the vehicle of [HR] 200. I’m going to work with Mr. Huffman and see if we can’t come to some conclusion.

“The basic skeleton of the Magnuson Act … we’re going to keep the skeleton whole. Get those comments and suggestions to us, because we’re going to try to get something moving by October or November this year,” Young said.

Rep. Jared Huffman (D-CA) introduced a discussion draft called “Strengthening Fishing Communities through Improving Science, Increasing Flexibility, and Modernizing Fisheries Management Act.” The discussion paper includes sections on Council transparency, flexibility in rebuilding fish stocks, Saltonstall-Kennedy Act reform, red snapper cooperative research and others.

Rep. Jared Huffman said after the hearing Tuesday that Democrats and Republicans have many agreements when it comes to fishery regulations and management.

However, he said previous attempts in recent years to amend and reauthorize the law have stalled because of “poison pill” riders that would exempt fisheries from conservation policies such as the Endangered Species Act and National Environmental Protection Act.

“Instead of making meaningful improvements to our most important fisheries statute, this process has focused on weakening fundamental environmental protections in place of making meaningful improvements to our important fisheries management framework,” Huffman (D-San Rafael) said in his opening statement at the committee hearing. “This partisan process does a disservice to hardworking fishermen across the country including those in my district.”

Members from both sides of the aisle were in agreement that the law — known as the Magnuson-Stevens Fishery Conservation and Management Act of 1976 — has worked to prevent overfishing and replenish overfished stocks as was intended upon its passage.

Two other bills were discussed and commented on at the hearing by invited witnesses. HR 3588  and HR 2023 are focused on modernizing recreational fisheries and managing red snapper in regional ways, respectively.

The hearing was before the Water, Power, and Industry Subcommittee of the larger House Committee on Natural Resources.

Witnesses included Chris Oliver, Director of NOAA Fisheries; Mayor Johnathan Mitchell of New Bedford; Mike Merrifield, Southeastern Fisheries Association; Susan Boggs, co-owner of a charter operation out of Alabama, and others.

Chairman Doug Lamborn opened the hearing saying “Many of you here today probably consider this to be a fishery hearing, but I assure you it is much more than that. …whether we are talking about a commercial, recreational, or charter boat operation, the working waterfront that provides shore side support, a boat manufacturer or your local mom and pop bait and tackle shop, today’s hearing is about supporting American small business. It’s my hope today that we will create a strong, bi-partisan MSA that supports jobs and our fishermen, and that supports the science data and process used in federal fisheries management.”

Jonathan Mitchell, Mayor of New Bedford, pushed back on the concept of “flexibility.”

“The term “flexibility” should not be understood as a euphemism for deregulation,” Mitchell said. “The councils are in the business of finely calibrating decisions in light of relevant environmental and economic data, and their own experience and expertise.

“In the discharge of their duties, they tend not to win friends either in the fishing industry or in the conservation community, and given the goals of Magnuson-Stevens, that’s probably the way it should be,” Mitchell said.

Susan Boggs, co-owner in a charter boating operation in Alabama, supported the current MSA.

“I am here today to tell you that MSA is working. This law was written to bring fisheries back from collapse, to ensure long-term sustainability for future generations, and to provide a conduit for stakeholders to be a part of the management process.

“There are several species of fish that are critical to the charter/for-hire sector in the Gulf of Mexico, but perhaps none more than red snapper. Since 2007, when annual catch limits became a requirement, the recreational sector’s quota for red snapper has tripled. MSA has worked for us.

“A suggestion that I would offer to this committee that would have a meaningful impact on the management of this fishery would be a Federal Red Snapper angler license,” she said.

“No one can tell you how many anglers target Red Snapper in the Gulf of Mexico. This license does not have to be cost prohibitive. Even a $10 fee would provide better data on the number of anglers targeting this species and could generate millions of dollars that could be used for cost recovery, stock assessments and better landings data which should include more real-time reporting using current technology from private anglers.”

Chris Oliver listed challenges to NOAA, nationwide and how MSA can tackle them.  “We face formidable challenges managing recovering stocks to benefit both commercial and recreational user groups with fundamentally different goals and objectives, and who are experiencing increased fish interactions due to the strong management measures that have improved historically overfished populations.

“Together with our partners, it is essential that we continue to explore innovative, science-based management approaches and regional management tools. We must remain dedicated to exploring ways to maximize economic opportunities from wild-caught fisheries for commercial and recreational fishermen, processors, and communities. We are committed to working with Congress on the bills put forth by this subcommittee, to ensure that annual catch limits, accountability measures, stock rebuilding, and other aspects of our management construct are working, while protecting the overall, long-term conservation and sustainability of the nation’s fishery resources.”

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

Skates: New England Council Approves 2018-2019 Fishery Specifications and Proportional Barndoor Skate Possession Limit for Wing Fishery

September 28, 2017 — The following was released by the New England Fishery Management Council:

With one exception, the New England Fishery Management Council has approved Framework Adjustment 5 to the Northeast Skate Complex Fishery Management Plan (FMP). The framework contains specifications for the 2018 and 2019 fishing years, including total allowable landings (TALs) for both the skate wing and skate bait fisheries, as well as measures to allow the landing of barndoor skates.

Once approved and implemented by the National Marine Fisheries Service, the framework will allow the landing of barndoor skates in the wing fishery. Barndoor skate landings will be capped at 25% of the total wing possession limit allowed per season.

The Council adopted a 31,327 metric ton (mt) acceptable biological catch (ABC) for the skate complex based on advice from its Scientific and Statistical Committee (SSC). Under the skate plan, which covers seven species of skates, the annual catch limit (ACL) is equal to the ABC. Deductions from the ACL are made to account for: (1) management uncertainty; (2) projected dead discards; and (3) projected state landings, all to achieve the TAL for the overall federal fishery.

NAFO EXEMPTION

On September 27 during its meeting in Gloucester, MA, the Council voted to add measures into the framework to consider exempting vessels that fish exclusively within the NAFO Regulatory Area on a given trip from Skate FMP regulations that pertain to permit, mesh size, effort control, and possession limit restrictions, similar to exemptions that already exist within this area for Northeast multispecies and monkfish. NAFO is the Northwest Atlantic Fisheries Organization.

The Skate Plan Development Team (PDT) now will develop a range of alternatives for this NAFO area exemption. The Council discussed an expedited process for selecting its preferred alternative with the goal of having Framework 5 implemented as close to May 1, 2018 as possible. This date marks the start of the new fishing year for skates.

Read the full release at the New England Fishery Management Council

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