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NOAA ruling on red grouper catch in the Gulf announced

May 10, 2022 — The commercial allocation of the Gulf of Mexico red grouper catch will shrink starting June 1 while the recreational sector’s share will increase.

NOAA Fisheries announced the final rule under Amendment 53 on May 2, allocating 59.3 percent of the annual catch to the commercial sector (down from 76 percent) and increasing the recreational allocation from 24 percent to 40.7 percent.

But there’s a twist. The day after NOAA announced the new commercial allocation reduction, it proposed a slight increase in total annual catch limit for red grouper in the Gulf from 4.26 million pounds to 4.96 million pounds (gutted weight), including a boost in the commercial catch limit from 2.53 million pounds to 2.94 million pounds. The recreational catch limit would rise from 1.73 million pounds to 2.02 million pounds. The agency is accepting public comment through May 18.

Read the full story at National Fisherman

Gulf Coast Seafood Alliance Supports Lawsuit Challenging Unlawful Red Grouper Quotas

May 9, 2022 — The following was released by the Gulf Coast Seafood Alliance:

Commercial fishermen and members of the Gulf of Mexico seafood industry have filed a lawsuit challenging the legality of a recent decision by NOAA Fisheries to reallocate red grouper quota to recreational fishermen at the expense of the commercial fishery. The Gulf Coast Seafood Alliance (GCSA) supports the efforts by the Gulf of Mexico Reef Fish Shareholders’ Alliance, Southern Offshore Fishing Association, and A.P. Bell Fish Company to challenge this decision, in an effort to restore a fair allocation for commercial fishermen.

The lawsuit, filed late on Friday in the U.S. District Court for the District of Columbia, challenges recent red grouper allocations approved by NOAA as part of Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico.

The plaintiffs indicated they will seek expedited review.

Amendment 53 drastically reallocates the quota for red grouper. It increases the recreational share of the quota from 24 percent to 40.7 percent, while decreasing the commercial share from 76 percent to 59.3 percent. Simultaneously, the Amendment decreases the overall available red grouper quota in order to account for increased grouper discards from the recreational fishermen.

According to the lawsuit, this allocation “unlawfully benefit[s] the recreational fishing sector, harm[s] the commercial fishing sector and seafood consumers, and jeopardize[s] conservation,” while going against the conservation goals set out in the Magnuson-Stevens Act, the federal law governing U.S. fishery management. It notes that the Amendment is only the latest in a series of decisions showing “unlawful favoritism” to recreational fishermen.

GCSA has previously criticized Amendment 53 in its own analysis. GCSA specifically has criticized the Amendment for the flaws in the process that led to its adoption, the inadequate economic analysis that supported its allocation decision, and the legal precedents that the Amendment violates.

The complaint specifies ten causes of action, demonstrating that Amendment 53 violates:

Magnuson-Stevens Act National Standard Four, which requires that allocations of fishing privileges “shall be…fair and equitable to all such [U.S.] fishermen” and “reasonably calculated to promote conservation.”
Magnuson-Stevens Act National Standard Nine, which requires that “[c]onservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.”
Magnuson-Stevens Act Section 303(a)(11), which requires that any Fishery Management Plan “establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, and include conservation and management measures that, to the extent practicable and in the following priority—(A) minimize bycatch; and (B) minimize the mortality of bycatch which cannot be avoided.”
Magnuson-Stevens Act Section 303(a)(15), which requires all Fishery Management Plans to “establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan) implementing regulations, or annual specifications, at a level that overfishing does not occur in the fishery, including measures to ensure accountability.”
Magnuson-Stevens Act National Standard One, which requires that “[c]onservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.”
Legal requirements regarding the setting and review of optimum yield as specified in Magnuson- Stevens Act Sections 303(a)(3), 303(a)(4)(A), AND 302(h)(5).
Magnuson-Stevens Act National Standard Two, which requires that “conservation and management measures shall be based upon the best scientific information available.”
Magnuson-Stevens Act National Standard Eight, which requires that NOAA must “take into account the importance of fishery resources to fishing communities.”
The Administrative Procedure Act (APA).
The National Environmental Policy Act (NEPA).

Gulf of Mexico Reef Fish Shareholders’ Alliance: Statement on Red Grouper Quota Instability

New research suggests cod, New England’s founding fish, may be returning to local waters

May 5, 2022 — “For the first time in about 20 years we’ve seen and are tracking a successful year class of cod, and they seem to be growing at a very good rate,” said Kevin Stokesbury, a fisheries science professor at UMass Dartmouth leading a multi-year survey of codfish in the Gulf of Maine.

Stokesbury has a history of using scientific innovation to produce new findings that upend fishing regulations. In the 1990s, he devised a new way of counting scallops that helped open up a tightly regulated fishery.

A typical government-led survey determines scallop numbers by dredging the ocean floor, counting the scallops it pulls up, and estimating what percentage that is of the total scallops in the sample area. Stokesbury’s surveys rely on pictures of the ocean floor instead. A team of his undergraduates count all the scallops in their sample areas one-by-one, eliminating much of the guesswork.

Stokesbury’s method for counting scallops was peer reviewed and eventually incorporated into the government’s periodic stock assessments, which form the basis of fishing regulations in America. In the early 2000s, regulators had already suspected scallops were rebounding to some extent, but Stokesbury’s findings upended what they had been saying for years.

“They thought there were two to three times as many scallops in there,” Stokesbury said, “and there were actually about 14 times as many.”

But the UMass Dartmouth scientist has his own critics when it comes to codfish. One of them has an office down the hall from him.

Professor Steve Cadrin, a fisheries scientist leading a periodic review of how the government assesses cod stocks, said the cod fishery has opened up prematurely once before.

“We’ve seen other year classes that have not survived,” Cadrin said.

Some years, Cadrin said NOAA’s projections have been overly optimistic.

“They led to continued overfishing and the stock hasn’t rebuilt,” Cadrin said. “It’s a lot more than just a heartbreak. There’s been a lot of fishery restrictions because of that.”

Read the full story at The Public’s Radio

New rules spell trouble for Maine lobstermen, with or without enforcement

May 5, 2022 — Though a new rule from the National Atmospheric and Oceanic Administration affecting the gear lobster fisherman can use has gone into effect, it will not yet be enforced.

As of May 1, lobster fishermen fishing in federal waters are now required to use ropes with weak points approved by the National Marine Fisheries Services (NMFS) that will break if a whale becomes entangled in them.

The rule requiring the gear was part of a final rule announced by NOAA on August 31, 2021 amending the agency’s Atlantic Large Whale Take Reduction Plan, which attempts to reduce the number of injuries and deaths to North Atlantic right whales, listed as endangered under the Endangered Species Act.

Read the full story at Maine Wire

New Study Links Red Tides and Dead Zones Off West Coast of Florida

May 4, 2022 — Researchers are closer to understanding favorable conditions for combined events

A new study found that when red tides began in early summer and continued into the fall, low oxygen areas—or dead zones— were more likely to also occur. This study by scientists at the University of Miami Rosenstiel School of Marine and Atmospheric Science, and NOAA collaborators is the first study to link low oxygen—or hypoxia—to red tides across the west coast of Florida and offers new information to better understand the conditions favorable for combined events as they are expected to increase as Earth continues to warm.

Red tides are becoming a near annual occurrence off the west coast of Florida, which are caused by massive blooms of the algae Karenia brevis fueled in part by excess nutrients in the ocean. These algae blooms turn the ocean surface red and produce toxins that are harmful to marine mammals, sharks, seabirds and humans causing a range of issues from respiratory irritation, localized fish kills to large-scale massive mortalities to marine life. Hypoxic areas are typically referred to as ‘dead zones’.

Read the full story at Environment Coastal & Offshore

NOAA’s Red Grouper Reallocation Decision Has Industry Up in Arms and Businesses Worried

May 4, 2022 — On Monday NOAA published Amendment 53, a new rule in the Federal Register regarding the reef fish fishery of the Gulf of Mexico. The final rule revises the annual catch limits (ACLs) and annual catch targets (ACTs) for both the commercial and recreational sectors, reallocating 20% of the commercial red grouper quota to the recreational sector, a 32% decrease from what would have been allocated without the amendment.

As the final rule notes, red grouper in the Gulf exclusive economic zone (EEZ) are found primarily in the eastern Gulf on offshore hard bottom areas and are managed as a single stock with commercial and recreational ACLs and ACTs. The allocation of the ACL between the commercial and recreational sectors was 76% commercial and 24% recreational. However, the final rule revises the ACLs and ACTs for the Gulf red grouper stock. The current commercial ACL and ACT are 3.16 million lb (1.43 million kg) and 3.00 million lb (1.36 million kg), respectively. Meanwhile, the current recreational ACL and ACT are 1.00 million ln. (0.45 million kg) and 0.92 million lb (0.42 million kg) in Marine Recreational Information Program (MRIP) Coastal Household Telephone Survey (CHTS) units, respectively. In MRIP Fishery Effort Survey (FES) units, the current recreational ACL and ACT are estimated to be 2.10 million lb (0.95 million kg) and 1.93 million lb (0.88 million kg), respectively.

“As explained previously, the ABC associated with the preferred allocation is 4.26 million lb (1.93 million kg) and the total ACL is equal to the ABC,” the new rule states. “Applying the allocation selected by the Council in Amendment 53 to the total ACL results in a 2.53 million lb. (1.15 million kg) commercial ACL and a 1.73 million lb (0.78 million kg) recreational ACL in MRIP FES units.”

Read the full story at Seafood News

New rules for lobster industry now in effect

May 4, 2022 — Beginning Sunday, new laws are in place requiring Maine’s lobster fishermen to use new fishing gear to protect the endangered right whale.

The new laws include thinner rope and an insert link in their fishing lines, but getting these new links has been a challenge.

A supply chain shortage is keeping fishermen from being able to use it.

Read the full story at WFVX Bangor

New study links red tides and dead zones off west coast of Florida

April 26, 2022 — A new study found that when red tides began in early summer and continued into the fall, low oxygen areas—or dead zones— were more likely to also occur. This study by scientists at the University of Miami Rosenstiel School of Marine and Atmospheric Science, and NOAA collaborators is the first study to link low oxygen—or hypoxia—to red tides across the west coast of Florida and offers new information to better understand the conditions favorable for combined events as they are expected to increase as Earth continues to warm.

Red tides are becoming a near annual occurrence off the west coast of Florida, which are caused by massive blooms of the algae Karenia brevis fueled in part by excess nutrients in the ocean. These algae blooms turn the ocean surface red and produce toxins that are harmful to marine mammals, sharks, seabirds and humans causing a range of issues from respiratory irritation, localized fish kills to large-scale massive mortalities to marine life. Hypoxic areas are typically referred to as ‘dead zones’.

Read the full story at Phys.org

NOAA acknowledges shortage of gear to protect whales

April 22, 2022 — The federal government is acknowledging that supply chain issues will prevent all lobstermen from having gear needed to protect North Atlantic right whales before a May 1 deadline.

The rules will still go into effect on that date, but the National Oceanic and Atmospheric Administration said it will use a “graduated enforcement effort” until supply problems are resolved.

“I want to assure fishermen who are making good faith efforts to comply with these new measures but are not able to procure compliant gear that we understand the difficulty of their situation,” wrote Michael Pentony, NOAA Fisheries’ Gloucester-based Greater Atlantic regional administrator, in a letter.

“We are working closely with our state and federal enforcement partners to implement a graduated enforcement effort that will focus on compliance assistance rather than civil penalties until we have determined that localized supply chain issues have been sufficiently resolved,” he continued.

Read the full story at the Gloucester Times

NOAA delays enforcement of new lobster gear rules aimed at protecting right whales

April 21, 2022 — Enforcement of the new lobster gear regulations aimed at protecting the critically endangered North Atlantic right whale will be delayed because supply chain issues have made it too difficult for lobstermen to comply.

The National Oceanic and Atmospheric Administration said on Wednesday that it will use a “graduated enforcement effort” from when the rules take effect on May 1 until the supply issues have been resolved.

The regulations require lobstermen to splice NOAA-approved weak rope or weak plastic links into the lines they use to connect buoys to traps on the ocean floor. But the approved gear has been in short supply as manufacturers struggle to produce enough to outfit the Northeast lobster and Jonah crab fishing fleets. The regulations are intended to prevent whales from becoming entangled in fishing gear, which can result in injuries and death. There are fewer than 350 North Atlantic right whales, according to NOAA.

“MLA is relieved that NOAA has finally listened to lobstermen, the state, and our congressional delegation, that despite lobstermen’s best efforts, lobstermen are unable to meet the deadline,” said Patrice McCarron, executive director of the Maine Lobstermen’s Association. “Some have complied and had products recalled, others have complied and had devices fail, and many more have not been able to secure the materials they need.”

Read the full story at the Portland Press Herald