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Congressman Jones: Sustainable Shark Fisheries and Trade Act Levels the Playing Field for Domestic Producers

April 17, 2018 — The following statement was released by Congressman Walter B. Jones:

I would like to thank Chairman Lamborn and Chairman Bishop for holding this hearing today. I am pleased to join my friend, Congressman Dan Webster, in cosponsoring H.R. 5248 – the Sustainable Shark Fisheries and Trade Act. It is very important that America’s fishermen have a level playing field with foreign producers. The bill would hold other nations to the same conservation and management standards that America has adopted in our shark fisheries.

Under H.R. 5248, any nation seeking to export shark products to America must receive certification from the Secretary of Commerce that it has an effective ban on the practice of “shark finning,” and that it has a similar conservation and management program for sharks, skates, and rays. The bill also increases traceability of imported shark products.

If foreign countries are failing to manage their shark populations appropriately, they should change their ways. They shouldn’t be allowed to dump unsustainably harvested shark product on our market, and our legal, sustainable American harvesters should not be penalized for the shortcomings of foreign fishermen.

America has been a global leader in protecting shark species while allowing a sustainable harvest.  In fact, U.S. federal law mandates that the domestic shark fishery be managed sustainably.

According to renowned shark scientist, Dr. Robert E. Heuter of Florida’s Mote Marine Lab, America has “one of the best systems in the world for shark fisheries management and conservation.”  The proof can be seen in NOAA Fisheries own data.  NOAA Fisheries’ 2015 coastal shark survey captured and tagged “more than 2,800 sharks, the most in the survey’s 29-year history.”  The leader of the survey stated that NOAA Fisheries has “seen an increase in the number of sharks in every survey since 2001,” and the agency called the survey results “very good news for shark populations.”

R. 5248 is supported by the North Carolina Fisheries Association, Southeastern Fisheries Association, Blue Water Fishermen’s Association, Sustainable Shark Alliance, Garden State Seafood Association, and the Louisiana Shrimpers Association. This bill is a reasonable, balanced approach to leveling the playing field for domestic producers, while trying to encourage other nations to raise their shark management practices to appropriate levels.

Other legislative options before the subcommittee, including banning the trade of legally, sustainably harvested American shark products, represent an unnecessary, short-sighted overreach that should be rejected.

 

Request for Comments: Proposed Charter Vessel Electronic Reporting Requirements and Modifications to Current Headboat Electronic Reporting

April 6, 2018 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries requests comments on a For-Hire Reporting Amendmentand proposed rule, which if implemented, would establish electronic reporting requirements for charter vessels with federal permits and would modify the reporting deadline for headboats. The South Atlantic Fishery Management Council approved the For-Hire Reporting Amendment in an effort to improve data collection and fisheries management.

Comments are due by May 13, 2018 

SUMMARY OF PROPOSED CHANGES

  • Charter vessels with a federal charter vessel/headboat permit for Atlantic Coastal Migratory Pelagics, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species would be required to report weekly using electronic reporting.
  • Reports would be due by Tuesday following the end of each reporting week, which runs from Monday through Sunday, and would include information such as fishing dates, fishing location, depth fished, species kept and discarded, and charter fee.
  • Reporting would be through NOAA Fisheries-approved hardware and software, which would be specified at a later date.
  • Headboat vessels with a federal charter vessel/headboat permit for Atlantic Coastal Migratory Pelagics, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species would continue to submit reports to the Southeast Headboat Survey but would be required to submit electronic fishing reports by Tuesday following a reporting week, rather than by Sunday.

HOW TO COMMENT ON THE AMENDMENT AND PROPOSED RULE:

The comment period is open through May 03, 2018. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER: 83 FR 11164, published March 14, 2018.

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.

  1. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0152.
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Karla Gore, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

FREQUENTLY ASKED QUESTIONS (FAQs)

What would the For-Hire Reporting Amendment and proposed rule do?

The For-Hire Reporting Amendment and proposed rule would require charter vessels with a federal charter vessel/headboat permit for Atlantic Coastal Migratory Pelagics, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper speciesto submit electronic reports by Tuesday following the end of each reporting week, which runs from Monday through Sunday, using NOAA Fisheries approved hardware and software applications.

The For-Hire Reporting Amendment would also change the day that headboats are required to submit an electronic fishing record from Sunday to Tuesday following the end of a reporting week, reducing the time when reports are due from seven to two days.

Why are the proposed actions needed?

The South Atlantic Fishery Management Council (South Atlantic Council) is working to enhance data collection for better fisheries management. Accurate and reliable fisheries information about catch, effort, and discards is critical to population assessments and management evaluations. The South Atlantic Council believes that weekly electronic reporting for federally permitted charter vessels could provide more timely information than the current Marine Recreational Information Program (MRIP) survey, and more accurate and reliable information for many species with low catches, low annual catch limits, or for species that are only rarely encountered by fishery participants. This proposed action is intended to improve information collected from federally permitted for-hire vessels in the Atlantic. The proposed change to the reporting day for headboat vessels would make the reporting day for the headboat sector consistent with the proposed reporting day for charter vessels.

How would the electronic reporting for charter vessels work? Do I need to have a computer?

NOAA Fisheries is currently evaluating potential software applications for the electronic reporting program, and is considering the use of software applications that are already being used by partners in the region, including “e-trips online” and “e-trips mobile,” which are products of the Atlantic Coastal Cooperative Statistics Program.

These programs would require the use of a computer or tablet with access to the internet. We are looking into the possibility of using smartphones for reporting in the future. If the rule is implemented, outreach sessions will be held to explain the reporting program software and requirements.

What type of information would be collected?

Charter vessels would be required to submit information such as: start and end dates, start and end time, start and end fishing location, vessel and captain identification, number of crew, method of fishing, hours fished, depth fished, species kept, species discarded, charter fee, fuel used, and fuel price per gallon. These core data elements may be modified through coordination with the South Atlantic Council. This information would be required to be reported regardless of where fishing occurs or what species are harvested. If no fishing occurs in a particular week, an electronic no-fishing report would be required.

Does this electronic reporting program replace MRIP?

Even if the new electronic reporting program is implemented, charter vessels with a federal permit would still need to report to MRIP. Currently, landings and discards from federally permitted charter vessels in Atlantic coastal migratory pelagics, Atlantic dolphin wahoo, and South Atlantic snapper-grouper fisheries are monitored through a MRIP survey of charter vessels. Fishing effort is calculated based on a monthly sample of federally permitted charter vessels through a phone survey, which is transitioning to a new mail survey. Catch rate observations and catch sampling are provided through dockside monitoring. If NOAA Fisheries implements the electronic reporting requirements described in the For-hire Reporting Amendment, the MRIP survey of charter vessels would continue until the proposed electronic reporting program described in the For-hire Reporting Amendment is certified by NOAA Fisheries, and then the electronic reporting program would replace the MRIP survey of charter vessels.

What if I also have federal for-hire permits for fisheries in other regions such as the Gulf of Mexico or Mid-Atlantic? Do I have to submit multiple reports?

To reduce duplicative reporting by charter vessels, fishermen with federal charter vessel/headboat permits subject to electronic reporting requirements in other regions would not be required to report to multiple times. Instead, federal permit holders would be required to comply with the electronic reporting program that is more restrictive, regardless of where fishermen are fishing.

For example, the NOAA Fisheries Greater Atlantic Regional Fisheries Office (GARFO) has implemented an electronic reporting requirement for owners and operators of a charter vessel or party boat (headboat) issued a federal for-hire permit for species managed by Mid-Atlantic Fishery Management Council to submit an electronic vessel trip report using NOAA Fisheries-approved software within 48 hours of completing a for-hire fishing trip (82 FR 42610, September 11, 2017). Because NOAA Fisheries GARFO requires more restrictive reporting than what is proposed in the For-hire Reporting Amendment, owners and operators of a vessel issued a federal for-hire permit for species in both the Mid-Atlantic and South Atlantic would be required to report under the electronic reporting program managed by GARFO, regardless of where fishing occurs or what species are caught.

The Gulf of Mexico Fishery Management Council (Gulf Council) has recommended for-hire electronic reporting for charter vessels that is more stringent than those reporting requirements contained in the South Atlantic For-hire Reporting Amendment. The proposed Gulf of Mexico for-hire electronic reporting program would require trip-level reporting, a pre-trip notification to NOAA Fisheries, and location information monitored by a vessel monitoring system, among other requirements. Therefore, an owner or operator of a charter vessel that has been issued federal charter vessel/headboat permits for applicable fisheries in both the Atlantic and the Gulf of Mexico would be required to comply with the Gulf Council’s more stringent for-hire electronic reporting program requirements, if the Gulf Council’s amendments to address for-hire electronic reporting are approved and implemented.

Does the For-Hire Reporting Amendment and proposed rule make any changes to the headboat sector?

Currently, headboats submit an electronic fishing report to NOAA Fisheries via the internet by the Sunday following the end of each reporting week, which runs from Monday through Sunday. The For-Hire Amendment and proposed rule would shorten the time to report and proposes that headboats submit electronic reports to NOAA Fisheries by the Tuesday following the end of a reporting week. This is a change in the grace period to prepare and submit reports from seven days to two days.

Does the For-Hire Reporting Amendment and proposed rule implement a video monitoring requirement for charter vessels?

No. In 2008, through Amendment 15B to the Fishery Management Plan for Snapper-Grouper of the South Atlantic Region, a provision was implemented that requires those with a charter vessel/headboat permit for South Atlantic snapper-grouper to use video monitoring technology if landing snapper-grouper species and selected by the Science Research Director. Since then, no vessels have been selected to use video monitoring and the Southeast Fisheries Science Center is not actively pursuing a video monitoring program. The For-Hire Reporting Amendment does not change the requirement specified through Amendment 15B.

Where can I find more information on the environmental assessment and proposed rule?

  • Contact NOAA Fisheries, Southeast Regional Office

By Mail: Karla Gore

NOAA Fisheries, Southeast Regional Office

Sustainable Fisheries Division

263 13th Avenue South

St. Petersburg, Florida 33701-5505

By Phone: (727) 824-5305

By FAX: (727) 824-5308

The For-Hire Reporting Amendment and proposed rule may be found online at the NOAA Fisheries Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/generic/2017/for_hire_reporting/index.html.

California Wetfish Producers Association: Sardine Fishery Collapse Latest Fake News

Deeply Flawed Population Survey Fuels False Claims

April 5, 2018 — BUELLTON, Calif. — The following was released by the California Wetfish Producers Association:

This Sunday, April 8, the Pacific Fishery Management Council is meeting in Portland to debate the fate of the West Coast sardine fishery, after the 2018 sardine stock assessment estimated the biomass has declined by 97 percent since 2006. The only problem with that finding is it belies reality.

“Fishermen are seeing more sardines, not less, especially in nearshore waters. And they’ve been seeing this population spike for several years now,” said Diane Pleschner-Steele, executive director of the California Wetfish Producers Association (CWPA). “This stock assessment was an update that was not allowed to include any new methods and was based primarily on a single acoustic survey that reached only as far south as Morro Bay and totally missed the nearshore coastwide.”

The 2018 update assessment of 52,000 tons, down from 86,586 tons in 2017 and 106,100 tons the year before, is based on a change in methods and assumptions in estimating population size developed during an independent stock assessment review in 2017. Scientists acknowledged that assuming the acoustic survey ‘sees’ all the fish leads to lower biomass estimates. But it’s obvious to fishermen that the survey missed a lot of fish. In fact, with different assumptions, the 2017 biomass estimate would have increased from 86,586 tons to 153,020 tons.

The thorny problem the Council faces in April is what to do with a flawed assessment that is perilously close to the 50,000-ton minimum stock size threshold that would trigger an “overfished” condition and curtail virtually all sardine fishing. (The directed fishery has been closed since 2015, but incidental harvest in other fisheries, as well as Tribal take and live bait fishing have been allowed under a precautionary annual catch limit of 8,000 tons for all uses.) The extremist group Oceana has already signaled its intent to lobby for the Council to declare sardines “overfished.”

“Despite ample evidence to the contrary – most scientists agree that environmental factors play the primary role in sardine populations swings – Oceana claims that overfishing is the cause of the sardine fishery decline,” said Pleschner-Steele. “But the absolute opposite is true: fishing is a non-issue and more importantly, the sardine stock is not declining.”

The NOAA acoustic survey was based mainly on the 2017 summer acoustic trawl cruise that ran from British Columbia to Morro Bay, CA, but did not include the area south to Pt. Conception and Southern California where fishermen have reported large schools of sardines for the past three years. What’s more, this stock assessment update was based on a model that the chair of the 2017 Stock Assessment Review panel termed the “least worst” option. In part, the problem is that acoustic trawl surveys conducted by large research vessels cannot gather data in nearshore waters inside about 50 meters depth – 27 fathoms. But 70 to 80 percent of California’s sardine catch comes from nearshore waters inside the 20-fathom curve.

Acoustic trawl survey methods also underwent review in January 2018, and independent scientists criticized current survey methods and assumptions, noting that the current ATM trawl procedure seems to focus on precision at the expense of accuracy, and the protocol is repeatable but not necessarily objective.

To document the missing fish, the California Department of Fish and Wildlife and CWPA conducted a cooperative aerial survey in the Monterey / Half Moon Bay area last summer – at the same time the acoustic trawl cruise was surveying outside waters – and saw a significant body of both sardine and anchovy inside the acoustic survey nearshore limit.

Here is the map illustrating the thousands of tons of sardine that the NOAA acoustic survey missed, an estimated 18,118 mt of sardine and 67,684 mt of anchovy.And here is a video from fisherman Corbin Hanson who was out fishing for squid last November and saw large schools of sardines in Southern CA. He commented that, “…this is just one school. Last week we drove by the biggest school of sardines I have ever witnessed in my career driving boats. It was out in front of Ventura Harbor and we saw countless other schools along with it.”

The problem is this evidence has not yet been qualified for use in stock assessments. However, at the upcoming meeting, the Department of Fish and Wildlife will present the data from our nearshore aerial surveys in 2016-17. CWPA will also request that the Council approve our experimental fishery permit to help us qualify our aerial surveys as an index of nearshore abundance for future assessments.

“The bottom line is it’s vital for proper management of our fisheries that we use all available scientific data. That’s why the Council needs to take into consideration these nearshore findings when recommending sardine management measures in 2018,” said Pleschner-Steele. “CWPA along with sardine fishermen contest the 52,000-ton stock assessment and will request a new stock assessment review as soon as possible, including other indices of abundance in addition to acoustic trawl. If the Council closes the sardine fishery entirely, California’s historic wetfish industry – which until recent years produced 80 percent or more of the volume of seafood landed statewide – will suffer unnecessarily, along with the state’s entire fishing economy.”

About the California Wetfish Producers Association
The California Wetfish Producers Association is a nonprofit dedicated to research and to promote sustainable Wetfish resources. More info at www.californiawetfish.org.

 

West Coast Waters Returning to Normal; Some Fisheries Remain Disrupted

March 13, 2018 — SEAFOOD NEWS — Ocean conditions off most of the U.S. West Coast are returning roughly to average, after an extreme marine heat wave from about 2014 to 2016 disrupted the California Current Ecosystem and shifted many species beyond their traditional range, according to a new report from NOAA Fisheries’ two marine laboratories on the West Coast. Some warm waters remain off the Pacific Northwest, however.

The Southwest Fisheries Science Center and Northwest Fisheries Science Center presented their annual “California Current Ecosystem Status Report” to the Pacific Fishery Management Council at the Council’s meeting in Rohnert Park, Calif., on Friday, March 9. The California Current encompasses the entire West Coast marine ecosystem, and the report informs the Council about conditions and trends in the ecosystem that may affect marine species and fishing in the coming year.

“The report gives us an important glimpse at what the science is saying about the species and resources that we manage and rely on in terms of our West Coast economy,” Council Chairman Phil Anderson, of Westport, Wash., said in a press release. “The point is that we want to be as informed as we can be when we make decisions that affect those species, and this report helps us do that.”

Unusually warm ocean temperatures, referred to as “the Blob,” encompassed much of the West Coast beginning about 2014, combining with an especially strong El Nino pattern in 2015. The warm conditions have now waned, although some after-effects remain.

Warmer waters were blamed for increased growth of Pseudo nitzschia, which produces domoic acid. The domoic acid interrupted several fisheries, including Dungeness crab, rock crab and spiny lobster.

Read the full story with a subscription at Seafood News

 

South Atlantic Council Delays Changes to Atlantic Cobia Management

Fishery managers to wait for Stock ID Workshop preliminary results available in June

March 12, 2018 — JEKYLL ISLAND, Ga. — The following was released by the South Atlantic Fishery Management Council:

After reviewing public comment and considering various management alternatives and timing, members of the South Atlantic Fishery Management Council decided to delay approval of an amendment to remove Atlantic cobia from the current federal management plan. The amendment is designed to reduce complicated regulations and improve flexibility in the management of Atlantic cobia from Georgia to New York.  If approved by the Secretary of Commerce, the move would allow for the fishery to be managed solely by the Atlantic States Marine Fisheries Commission (ASMFC).

The decision came after Council members discussed the need to wait for preliminary results from a Cobia Stock ID Workshop scheduled for April. The current management boundary between Florida and Georgia was established following a 2013 stock assessment. Fishermen and others have expressed concerns about the boundary change since that time. The Council decided to wait until their June 11-15, 2018 meeting, when preliminary results from the Stock ID workshop and Advisory Panel recommendations would be available for consideration before moving forward. Council members also heard concerns from legal counsel that the document should further specify what will happen to regulations in federal waters before the amendment’s approval.

Prized for their delicious taste and relatively large size, the recreational harvest of Atlantic cobia has increased in recent years. The recreational fishery closed in federal waters in June 2016 after landings estimates exceeded the annual catch limit the previous year and closed again in January 2017, as state landings were expected to exceed the federal catch limits. The recreational fishery is currently open in federal waters, but subject to closure by NOAA Fisheries should catch estimates exceed the annual catch limit currently in place. Fish harvested in state waters count against the annual catch limit.

The majority of Atlantic cobia are harvested in state waters, within 3 miles of shore in North Carolina and Virginia. They can also be found offshore and occur more readily in federal waters off the coasts of Georgia and South Carolina as they migrate northward to spawn. Cobia harvested along the east coast of Florida are considered part of the Gulf of Mexico stock and are managed separately.

At the request of the Council, the ASMFC began developing an interstate management plan for Atlantic cobia last year. That plan will become effective in state waters from Georgia to New York in April 2018 and aligns with current federal regulations for Atlantic cobia. Under the ASMFC Interstate Plan, state-specific allocations are established based on the current federal annual catch limit of 620,000 pounds, with North Carolina and Virginia receiving the majority of the allocation based on previous landings.

Individual states have submitted plans for Atlantic cobia (including regulations for a minimum size limit, vessel limit, and season) to the ASMFC based on those allocations. The state regulations are designed to keep harvest levels below the allocated state-specific pounds of Atlantic cobia. Under federal law, the states may also request that state regulations for Atlantic cobia be extended into federal waters.

Comments from fishermen and others received during public hearings held in January and as part of the March Council meeting primarily supported removing Atlantic cobia from the federal management plan and providing the states more latitude in setting regulations based on the ASMFC Interstate Plan.

Once fully removed from the federal management plan, Atlantic Group Cobia would beregulated in both state and federal waters under ASMFC. The Cobia Stock ID Workshop is scheduled for April 10-12, 2018 in Charleston, SC and a benchmark stock assessment will be conducted in 2019. For additional information, visit: http://sedarweb.org/sedar-58.

Other Business

The Council considered over 600 written comments and heard public testimony this week, before voting to send a letter to NOAA Fisheries expressing their concerns on an Exempted Fishery Permit request to conduct research and evaluate pelagic longline catch rates in a portion of an area off the east coast of Florida currently closed to longline fishing. The majority of the comments received, including those from recreational fishing organizations, were in opposition to the permit, citing concerns about discards of recreational and commercially important species, impacts to protected resources, increased landings of dolphin fish, and other concerns. The Council will submit its formal recommendations and a copy of all comments received on the Exempted Fishery Permit to NOAA Fisheries, the agency responsible for making the final decision on issuance of the permit.

The Council also continued work on Snapper Grouper Amendment 46 to improve recreational data collection. The amendment includes options for a private recreational snapper grouper permit designed to improve effort estimates that may eventually be used to improve landings estimates. The amendment also includes options for recreational reporting requirements.  A separate framework amendment will also be developed to address best fishing practices. The Council provided guidance on actions and alternatives.    Two amendments are being developed as part of the Council’s Vision Blueprint for the snapper grouper fishery, a long-term approach to management developed with stakeholder input. Vision Blueprint Regulatory Amendment 26 addresses recreational measures including modifications to aggregate species composition, removal of size limits, changes to bag limits and gear requirements for certain deepwater species, and modifications to shallow water species. Regulatory Amendment 26 would also reduce the recreational minimum size limit for gray triggerfish off the east coast of Florida for consistency with state regulations. Vision Blueprint Regulatory Amendment 27 addresses commercial measures, including alternatives for split seasons for blueline tilefish, snowy grouper, greater amberjack and red porgy. Changes to the trip limit for vermilion snapper, jacks, and modification to the seasonal prohibition on red grouper are also being considered. The Council approved both amendments for public hearings to be held later this spring.

Charter fishermen targeting snapper grouper species in federal waters off the South Atlantic are required to have a federal South Atlantic For-Hire Snapper Grouper permit. At the request of the Council’s Snapper Grouper Advisory Panel and considering public input, the Council reviewed an options paper for public scoping to get input on establishing a moratorium on the issuance of these permits. The moratorium is being considered to help improve logbook reporting compliance, recreational data quality, business planning, professionalize the for-hire fleet, address localized overcapacity, and other concerns. The Council provided recommendations for the scoping document and will review it again during its June 2018 meeting.

The Council bid an emotional farewell to Dr. Michelle Duval, the Council representative for the NC Division of Marine Fisheries and former Council Chair. Dr. Duval also served as Chair as the Council’s Snapper Grouper Committee for several years and was commended for her leadership and guidance during her service on the Council. She joins her husband Scott as they move to Pennsylvania.

Final Committee Reports, a meeting Story Map, Meeting Report and other materials from this week’s Council meeting are available from the Council’s website at: http://safmc.net/safmc-meetings/council-meetings/. The next meeting of the South Atlantic Fishery Management Council is scheduled for June 11-15, 2018 in Ft. Lauderdale, Florida.

 

FLORIDA: Red snapper pilot program in the works

February 15, 2018 — There is no fish along the Gulf Coast more talked about than the red snapper.

Last week at the Florida Fish and Wildlife Conservation Commission meeting near Tallahassee, the red snapper was once again on the table for discussion.

The FWC looked at the future of Gulf red snapper management in state and federal waters, including a proposed fishery-management pilot program (also referred to as an Exempted Fishing Permit) that would allow the FWC to manage all recreational red snapper harvest caught in Gulf state and federal waters off Florida in 2018 and 2019.

The pilot program is pending approval by NOAA Fisheries and would set the harvest season for recreational anglers fishing from private vessels in state and federal waters of the Gulf, and would also include for-hire operations that do not have a federal reef fish permit and are limited to targeting reef fish in Gulf state waters only.

What impact does this have on the “for-hire” boats in Destin, such as the charter fleet, which the majority of holds a federal reef permit?

“Absolutely none,” said Destin Charter Boat Association President Gary Jarvis, who was in attendance at the meeting.

Read the full story at the Destin Log

 

Maine: Benchmark study of lobsters begins

February 13, 2018 — In 2015, data collected in a benchmark assessment of New England lobster stocks showed record-high abundance for the combined stocks of the Gulf of Maine and Georges Bank and record lows for the lobster stock of southern New England.

Now, about three years later, the Atlantic States Marine Fisheries Commission is beginning preparations for the next American lobster benchmark assessment that is expected to be completed around March 2020.

“We’re in the very early stages right now,” said Jeff Kipp, senior stock assessment scientist at the Arlington, Virginia-based ASMFC that regulates the Northeast lobster fishery. “The process will be mostly data-driven.”

Nothing is certain in the periodic assessments of various seafood species. But if some recent projections hold, the 2020 assessment could sketch a different picture from the 2015 assessment, possibly reflecting the declining abundance predicted by a recent Gulf of Maine Research Institute study.

The study, compiled with the University of Maine and NOAA Fisheries, forecast a 30-year decline in the Gulf of Maine lobster boom that began around 2010. The culprit? Increasingly warmer temperatures in the Gulf of Maine, which scientists have said is warming faster than 99.9 percent of the rest of the world’s ocean waters.

“In the Gulf of Maine, the lobster fishery is vulnerable to future temperature increases,” the authors of the study wrote. “The researchers’ population projections suggest that lobster productivity will decrease as temperatures continue to warm, but continued conservation efforts can mitigate the impacts of future warming.”

The findings of the GMRI study were strongly disputed by some Maine lobster dealers and the state’s Department of Marine Resources. The Maine DMR criticized the GMRI computer model used to arrive at the study’s conclusions, calling it “an unreliable tool on which to base management decisions.”

The benchmark assessment of the region’s lobster populations — which will include data on lobster landings, lobster growth and prevalent diseases among the population — could go a long way toward determining exactly what is happening to the region’s American lobster stocks.

Read the full story at the Gloucester Times

 

VIRGINIA: Labor Joins Business Groups In Opposition to ASMFC Menhaden Allocation

AFL-CIO, United Food & Commercial Workers, Chamber of Commerce, Manufacturers Association, Seafood Council, and Watermen Urge Virginia to Reject Commission Decision

February 7, 2018 (Saving Seafood) – WASHINGTON – Virginia business and labor groups have united in calling on Virginia’s General Assembly to reject a reduction in the state’s menhaden quota. In a letter to the Chairmen of Virginia’s Senate and House committees on Agriculture and Natural Resources, the groups argued that the Atlantic States Marine Fisheries Commission’s (ASMFC) decision to redistribute a share of Virginia’s menhaden allocation to other states is unfair and damaging to Virginia businesses and workers.

The letter, sent yesterday to Chairman Richard Stuart of the Virginia Senate Agriculture, Conservation and Natural Resources Committee and Chairman Danny Marshall of theVirginia House Agriculture, Chesapeake and Natural Resources Committee was signed by the Virginia AFL-CIO, the Virginia Chamber of Commerce, the Virginia Manufacturers Association, the Virginia Seafood Council, the Virginia Waterman’s Association, and the United Food and Commercial Workers Local 400.

In November, the ASMFC voted to raise the coastwide allocation of Atlantic menhaden by 8 percent but redistributed it in such a way that the two largest menhaden producing states – Virginia and New Jersey – saw their percentage of the coastwide catch reduced. Under Virginia law, the state legislature must pass legislation accepting the decision of the ASMFC before any such determination becomes effective in the Commonwealth.

“The ASMFC re-allocated the number of menhaden each state could land, giving increased shares to states with little to no menhaden fishing activity,” the groups wrote. “This plan unfairly takes from Virginia while increasing the total allowable catch on the Atlantic Coast by 16,000 metric tons.”

In their letter, the groups argued that the ASMFC could have avoided this problem by increasing the quota further; they pointed out that scientists on the Commission’s Menhaden Technical Committee previously concluded that the coastwide quota could be increased by over 40 percent without a risk of overfishing.

Virginia’s General Assembly is currently considering legislation that would accept the ASMFC’s quota and reallocation plan. The letter calls on legislators to vote against the pending bill.

“Should Virginia reject this, they will stand up for all fisheries managed by the ASMFC,” the groups wrote in their letter. “Should Virginia accede to the ASMFC on this issue, in the future other states may team up on Virginia, take our allocation of other fish, and distribute it to other states.”

The request from organized labor and business groups comes at a delicate time for the ASMFC. As their letter notes, there is recent new precedent for a state that believes its own rules provide adequate conservation to successfully appeal a decision made by the ASMFC. Last June, the Commission recommended to Secretary of Commerce Wilbur Ross that New Jersey be found out of compliance with new rules on recreational summer flounder fishing, known as Addendum XXVIII. However, Secretary Ross did not agree with the Commission’s determination, and ruled New Jersey to be in compliance, marking the first time the Commerce Department had rejected a noncompliance recommendation from the ASMFC.

In a letter to ASMFC Executive Director Robert Beal, Assistant Administrator for NOAA Fisheries Chris Oliver wrote, “New Jersey makes a compelling argument that the measures it implemented this year…will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective…” As a result, “the Secretary has found that the measures are likely to be equivalent in total conservation as those required under Addendum XXVIII,” Administrator Oliver wrote.

According to the ASMFC, the menhaden fishery is sustainable and the stock remains healthy. The Commission’s most recent stock assessment, completed in 2017, concluded that menhaden is currently not overfished and is not experiencing overfishing.

 

King Mackerel Trip Limit Increases for Commercial Hook-And-Line Vessels off Florida

February 5, 2018 — The following was released by NOAA Fisheries:

WHAT/WHEN:

  • On February 5, 2018, the daily vessel trip limit increased from 50 to 75 fish for commercial hook-and-line vessels fishing for Atlantic migratory group king mackerel in federal waters off Florida between the Flagler/Volusia and Miami-Dade/Monroe County lines.
  • The 75-fish daily vessel trip limit will remain in effect through February 28, 2018, unless the Southern zone’s quota is reached and the fishery is closed before the end of the fishing year.
  • On March 1, 2018, the new fishing year begins and a commercial trip limit of 50 fish will again be in effect for this area.

This bulletin provides only a summary of the existing regulations. Full regulations can be found in the Federal Register or  https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=4a1c3805e95097423c9a607a31c4c9f8&rgn=div5&view=text&node=50:12.0.1.1.2&idno=50#se50.12.622_1384.

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

 

Request for Comments: Proposed Rule to Increase Catch Levels in Federal Waters and Prohibit Recreational Harvest of Spiny Lobster in the South Atlantic Using Traps

February 2, 2018 — The following was released by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries requests your comments on the proposed rule for Regulatory Amendment 4 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and the South Atlantic (Regulatory Amendment 4). Regulatory Amendment 4 would increase the catch limit for spiny lobster based on updated landings information and revised scientific recommendations; and prohibit the use of traps for recreational harvest of spiny lobster in federal waters off North Carolina, South Carolina, and Georgia.

Comments are due by March 4, 2018

SUMMARY OF PROPOSED CHANGES: 

  • The proposed rule would increase the catch limit for spiny lobster from 7.3 million pounds to 9.6 million pounds.
  • Currently, recreational harvest of spiny lobster using traps is prohibited in federal waters off Florida, but is allowed in federal waters off North Carolina, South Carolina, and Georgia. The proposed rule would make the prohibition consistent throughout the federal waters off all four states in the South Atlantic region.

HOW TO COMMENT ON THE PROPOSED RULE: 

The comment period is open from February 2, 2018, through March 4, 2018. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER:
83 FR 4890, published February 2, 2018

Electronic Submissions:Submit all electronic public comments via the Federal e-Rulemaking Portal.

  1. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0125.
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Nikhil Mehta, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

FREQUENTLY ASKED QUESTIONS (FAQs)

Why increase the catch limits for spiny lobster?

  • Current catch limits for spiny lobster are based on landings from fishing years 2000/2001 through 2009/2010. This time period included years where landings were historically low.
  • The Gulf of Mexico and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees recommended specifying catch limits for spiny lobster using a longer time series of spiny lobster landings (fishing years1991/1992 through 2015/2016).
  • The longer time period isbetter suited to capture the dynamics of the fishery that are influenced by factors beyond spiny lobster biology and harvest, such as environmental conditions.
  • The proposed increase in catch limits is based on the best scientific information available.

Why would recreational harvest of spiny lobster using traps be prohibited in federal waters off North Carolina, South Carolina, and Georgia?

  • Use of traps to catch spiny lobster by recreational fishermen off Florida is prohibited.
  • To date, the public has expressed little interest in using traps for the recreational harvest of spiny lobster off North Carolina, South Carolina, and Georgia. This may be due to a daily bag or possession limit for spiny lobster from federal waters other than Florida, of two per person for commercial and recreational fishing, year-round.
  • The South Atlantic Fishery Management Council is concerned that recreational use of trap gear may become more popular and result in potential negative impacts on essential fish habitat and result in an increase in the use of vertical lines that may interact with protected species (entanglement issues).
  • Trap gear also has the potential to “ghost” fish (trap continues to fish after it is lost).
  • Because spiny lobsters are larger in size in federal waters off Georgia, South Carolina, and North Carolina than off Florida, current trap configuration may not be efficient in capturing spiny lobster. Recreational traps used off Georgia, South Carolina, and North Carolina may require larger entrances which could result in greater bycatch of fish, crabs, and other invertebrates.
  • The proposed rule would make the trap prohibition for recreational fishermen consistent throughout the federal waters off all four states in the South Atlantic region.
  • Consistent regulations regarding this prohibition would aid law enforcement and avoid confusion among the fishers.

Where can I find more information on Regulatory Amendment 4? 

  • Contact NOAA Fisheries, Southeast Regional Office

By Mail: Nikhil Mehta

NOAA Fisheries, Southeast Regional Office

Sustainable Fisheries Division

263 13th Avenue South

St. Petersburg, Florida 33701-5505

By FAX: (727) 824-5308

By Phone: (727) 824-5305

  • Regulatory Amendment 4 may be found online at the NOAA Fisheries Southeast Regional Office Web site at:  http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/spiny_lobster/A4_lobster_acl/a4_lobster_acl_index.html.
  • Additional information on management of spiny lobster in the South Atlantic may be found at: http://safmc.net/fishery-management-plans-amendments/spiny-lobster-2/.

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

 

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