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Right Whales Gather Early; Mariners Asked to Take Caution

February 28, 2017 — Sailors are asked to take caution in waters around Martha’s Vineyard after 10 critically-endangered North Atlantic right whales were seen feeding in waters south of the Island.

Last week NOAA fisheries announced a voluntary vessel speed restriction zone 16 nautical miles south of the Vineyard. Mariners are asked to either avoid the area or travel through at 10 knots or less. Coordinates are available at the fisheries website.

The speed restriction zone is in effect through Wednesday, March 8.

According to NOAA an aggregation of 10 right whales was spotted in the area on Feb. 21, including one whale south of Gay Head and Noman’s Land and several other whales directly south of the middle of the Island.

North Atlantic right whales weigh up to 79 tons and can grow to be 50 feet long. They give birth to calves from December through March in coastal waters off Georgia and Florida, and travel north to New England waters to feed on plankton. The first reports of North Atlantic right whales this season in Cape Cod Bay came in late December, and aerial surveys have shown aggregations of 25 to 30 whales in the bay since then, according to the Center for Coastal Studies, a larger than average number. Right whale sightings usually increase beginning in mid-March.

Read the full story at the Vineyard Gazette

New Jersey lawmakers: Drop limits on how many fish you can catch off Atlantic Coast

February 27, 2017 — Two New Jersey lawmakers are trying to block the federal government from setting lower quotas for summer flounder off the Atlantic Coast.

Reps. Frank LoBiondo (R-2nd Dist.) and Frank Pallone Jr. (D-9th Dist.) said their bill would prevent the National Oceanic and Atmospheric Administration from reducing the fishing quota.

Atlantic States Marine Fisheries Commission said it would limit those who fish to just three summer flounders at least 19 inches long, compared with the 2016 limits of five fish at least 18 inches in length.

“These cuts are a body blow to the recreational fishing industry in New Jersey and that is why Congress needs to take action,” Pallone said. “The cuts for New Jersey are greater than what NOAA had required for the region, and too many anglers and their families are going to suffer because of them.”

Read the full story at NJ.com

NEW JERSEY: LoBiondo, Pallone announce legislation to prevent tougher summer flounder quotas

February 24, 2017 — Reps. Frank LoBiondo and Frank Pallone on Thursday, Feb. 23 announced plans to introduce new legislation to prevent the National Oceanic and Atmospheric Administration 2017 and 2018 summer flounder quotas for recreational and commercial fishing from going into effect.

In a press release, Pallone and LoBiondo said the rules would do damage to the economies of coastal communities and the state.

Under the NOAA quotas, the allowed summer flounder catch for recreational and commercial fishing were both reduced by approximately 30 percent in 2017 and 16 percent in 2018.

The Pallone-LoBiondo legislation would maintain the 2016 quota levels and require that NOAA conduct a new assessment before issuing new quotas.

Last month, Pallone and LoBiondo and a bipartisan group from the New Jersey congressional delegation sent a letter to then-U.S. Commerce Secretary Penny Pritzker asking her to prevent rule making that would reduce the summer flounder quotas for recreational and commercial fishing from going into effect. The letter asked the secretary to direct NOAA Fisheries to reexamine its methodologies and conduct a new benchmark summer flounder assessment before making any decision to reduce summer flounder quotas.

Read the full story at Shore News Today

Fishermen at odds over impact of Trump executive order

February 23, 2017 — An executive order by President Donald Trump designed to radically cut back on federal regulations has spurred disagreement among fishermen about how it will affect them — and lawmakers and regulators aren’t sure what the answer is.

Groups that represent both commercial and recreational fishermen are divided over whether Trump’s “one in, two out” approach to federal regulations will benefit their industry, harm it or not affect it at all.

Meanwhile, the arm of the federal government that regulates fishing, the National Oceanic and Atmospheric Administration, is still trying to figure out exactly what the executive order means for fisheries management.

Other industry interests, including the Fisheries Survival Fund, said the order will likely leave fisheries unaffected. The order would apply only to financially significant regulations, and that would not include things like opening fishing seasons and enforcing catch limits, said Drew Minkiewicz, an attorney for the fund.

“All this talk about how you’re not going to be able to manage fisheries — not true, doesn’t apply, not going to happen,” he said.

Read the full story from the Associated Press at the Boston Herald

MASSACHUSETTS: Island fishermen implore state to protect squid

February 23, 2017 — For the past couple of years, Nantucket fishermen have had a hard time finding striped bass in the rips and alongshore where they were accustomed to catching them.

They think they know why: no squid.

“This was where all the bass were caught. Now, no bait, no fish, no stripers to speak of,” said Pete Kaizer, a charter boat captain and commercial tuna fisherman.

Kaizer and other Nantucket fishermen petitioned the state Division of Marine Fisheries to prohibit fish draggers and scallopers that tow nets or large metal dredges along the ocean bottom from state waters, up to 3 miles out from shore all around the island. The ban would run from May 1 to Oct. 31 with the idea of protecting spawning longfin squid.

Kaizer said squid boats target the squid when they spawn because they come together in large schools and are easier to catch. Following mating, female squid drop to the bottom and put down a sticky substance that adheres to the sandy bottom, rocks or vegetation. They then deposit tubelike sacks containing over 100 embryos apiece, that stick to that patch and can resemble an underwater chrysanthemum, but are prosaically known as “squid mops.”

Nets or dredges towed across the bottom can dislodge these mops or even bring them up to the surface along with fish or squid. There is some debate about whether any young can survive this, but some lab studies have shown that older embryos hatch prematurely when the mop is dislodged from its adhesive anchor and tend to die, said Lisa Hendrickson, a fishery biologist specializing in squid with the National Oceanic and Atmospheric Administration Fisheries Science Center in Woods Hole.

Read the full story at the Cape Cod Times

NOAA Fisheries Declines to List Thorny Skate as Threatened or Endangered

February 23, 2017 — The following has been released by NOAA:

In response to a petition from Defenders of Wildlife and Animal Welfare Institute to list thorny skate (Amblyraja radiata) under the Endangered Species Act, we have now determined that listing is not warranted at this time.

The May 2015 petition requested that we list a “Northwest Atlantic Distinct Population Segment” or a “United States Distinct Population Segment” of thorny skate as threatened or endangered.

In making a determination as to whether distinct population segments of thorny skate exist, we considered the best available information on thorny skate distribution, genetics, and behavior. We considered whether the information supported the distinct population segments as identified in the petition or if other distinct population segments exist.

We determined that the information does not support the existence of any distinct population segments of thorny skate as they mix throughout the North Atlantic. Therefore, we also assessed whether listing the full species was warranted.

Based on a comprehensive status review report, which included an Extinction Risk Analysis, we determined that the species is not currently in danger of extinction throughout all or a significant portion of its range, nor is it likely to become so within the foreseeable future, so listing is not warranted at this time.

Thorny skate are at low abundance in U.S. waters compared to historical levels, primarily due to overfishing. However, declines have been halted throughout most of the species’ full range, and the species remains abundant throughout the North Atlantic, with hundreds of millions of individuals in the Northwest Atlantic alone.

Read our determination as filed in the Federal Register today.

Questions? Contact Jennifer Goebel at 978-281-9175 or jennifer.goebel@noaa.gov

Request for Comments: Proposed Rule to Modify Management of Atlantic Cobia (Georgia through New York)

February 22, 2017 — The following has been released by the National Oceanic and Atmospheric Administration: 

KEY MESSAGE: 

NOAA Fisheries requests your comments on a proposed rule to implement Framework Amendment 4 to the Fishery Management Plan for the Coastal Migratory Pelagics Fishery of the Gulf of Mexico and Atlantic Region (Framework Amendment 4).

Measures for Atlantic cobia in the proposed rule for Framework Amendment 4 would:

  • increase the recreational minimum size limit
  • reduce the recreational bag limit
  • establish a recreational vessel limit
  • establish a commercial trip limit
  • modify the recreational accountability measure

The proposed actions are expected to reduce the likelihood of exceeding the recreational and commercial Atlantic cobia catch limits in future years.

The 2016 and 2017 recreational fishing seasons for Atlantic cobia were shortened due to the overage of the catch limits.

SUMMARY OF PROPOSED CHANGES: 

  • For the Atlantic cobia recreational fishery, the proposed actions include an increase to the minimum size limit from 33 inches fork length to 36 inches fork length. In addition, the proposed rule specifies a bag limit of one fish per person per day, or a vessel limit of six fish per person per day, whichever is more restrictive.
  • For the Atlantic cobia commercial fishery, the proposed actions include a commercial trip limit of two fish per person per day or six fish per vessel per day, whichever is more restrictive.
  • The proposed rule would also modify the accountability measure for the recreational sector. If the recreational and total catch limits (commercial and recreational combined) are exceeded, NOAA Fisheries would reduce the vessel limit, and if necessary, shorten the following season.

HOW TO COMMENT ON THE PROPOSED RULE: 

The comment period is open now through March 23, 2016. 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: 82 FR 11166, published February 21, 2017

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

1. Go to: https://www.regulations.gov/document?D=NOAA-NMFS-2016-0167-0001 

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.

 FREQUENTLY ASKED QUESTIONS (FAQs) 

 What are the actions in the proposed rule for Framework Amendment 4? 

  • Recreational minimum size limit: Increase in the minimum size limit for recreationally caught Atlantic cobia from 33 inches to 36 inches fork length.
  • Recreational bag/vessel limits: Specify a bag limit of one fish per person per day or a vessel limit of six fish per person per day, whichever is more restrictive.
  • Commercial trip limit: Establish a commercial trip limit of two fish per person per day or six fish per vessel per day, whichever is more restrictive.
  • Modify the recreational accountability measure: If the recreational and total catch limits (commercial and recreational combined) are exceeded, NOAA Fisheries would reduce the vessel limit, and if necessary, shorten the following season.

 Where would these regulations apply? 

  • These proposed regulations would apply to the Atlantic group cobia, which extends from Georgia through New York.
    • Cobia off the east coast of Florida are part of the Gulf of Mexico migratory group.  
    • The boundary between the Gulf of Mexico migratory group and the Atlantic migratory group is the Georgia/Florida border. 
    • Genetic information from the most recent population assessment for cobia indicates that the Gulf of Mexico cobia stock extends through the Florida east coast. 

Why are these changes needed? 

  • In 2015 and 2016, recreational landings for Atlantic cobia exceeded the recreational catch limit and the stock catch limit. The current accountability measure is to reduce the length of the following recreational season by the amount necessary to ensure recreational landings achieve the recreational annual catch target, but not exceed the recreational catch limit.  
  • Based on the accountability measure, the recreational portion of the Atlantic group cobia was closed in federal waters on June 20, 2016, and January 24, 2017. 
  • The actions in Framework Amendment 4 are intended to reduce the likelihood of exceeding the stock catch limit and triggering the accountability measures in the future. 

Where can I find more information on Framework Amendment 4? 

  • 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 FAX: (727) 824-5308 

By Phone: (727) 824-5305 

  • Framework 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/cmp/2016/framework_am4/index.html  
  • Additional information on management of cobia in the South Atlantic may be found at: http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/index.html  

 

FLORIDA: TIME TO RETHINK RED SNAPPER RULES?: Locals are hopeful feds will reopen fishery

February 22, 2017 — Local fisherman say officials should consider re-opening the red snapper fishery in the federally controlled waters off of Florida’s northeast coast this year, but after years of being told it won’t happen, they don’t sound too hopeful.

While the season remains open year-round in the state-controlled Atlantic waters between the coast and 3-miles offshore (regulations are different in the Gulf of Mexico), fishermen say there are virtually no snapper to be had there.

“You won’t catch a snapper around here in state waters,” said Capt. Luke Jarriel, a boat captain for Sea Love Charters that operates out of Cat’s Paw Marina.

But they are thick, he said, at the spots 16-20 miles offshore, where he was fishing Monday with about 30 clients.

He estimated those clients caught about 60 red snapper, none of which could be kept.

“And that’s on the modest end,” he said Monday evening as he helped some clean the fish they could keep.

It’s numbers like those that make Jarriel and his boss, Sea Love’s co-owner, Darryl Lloyd, think the population is strong enough to start fishing again.

“You’ll see more red snapper than pretty much any fish you will see out there,” Lloyd said Monday while waiting in the marina parking lot for his boat to return.

Lloyd said he could only speak to the waters around the Northeast Florida area, but what he and his captains see from week to week suggests they should be allowed to keep the snapper they are catching anyway.

Read the full story at The St. Augustine Record

Rep. DeFazio increases fishermen catch limit

February 21, 2017 — The following has been released by the office of Representative Peter DeFazio:

Congressman Peter DeFazio (D-OR) today cut through bureaucratic red tape in the Trump Administration and helped to secure an increased catch limit for groundfish species caught in the Pacific Northwest Region.

Every two years, the National Oceanic and Atmospheric Administration (NOAA) sets a biennial catch limit for several groundfish species, such as canary and widow rockfish, caught in the Pacific Northwest region. Because of overfishing, the industry had not had access to healthy rockfish markets in decades.  Thanks to the efforts of Oregon fishers, the population has been rebuilt.  Due to the recovery of the species, NOAA’s National Marine Fisheries Service (NMFS) substantially increased the catch limits for the 2017-2018 season.

Unfortunately, NMFS did not finalize the implementation prior to January 1, 2017. When President Trump took office, he instituted a 90-day freeze on all new federal regulations made after January 1, suspending the groundfish catch limit at the lower 2015-2016 levels.

Congressman DeFazio intervened with the Trump Administration and urged them to provide a waiver exempting the catch limit from the regulatory freeze. As a result of his efforts, after the Federal Register is published next week, groundfish fishermen in Oregon will immediately be able to fish at the higher 2017-2018 catch limit.

“Unfortunately, Oregon’s fishermen got caught in the Trump Administration’s blanket regulatory freeze, so I jumped in,” said Rep. Peter DeFazio.  “I’m happy that the White House provided an exception so we could help a critical industry in the Pacific Northwest.”

Read the full Press Release here

For fisheries regulations, a Trump edict signals uncertainty

February 21, 2017 — New England fishermen and conservationists fear one of President Trump’s executive orders will have disruptive effects on fisheries management, although it will not affect routine seasonal fisheries regulation, as some had initially feared.

The ambiguously worded Jan. 30 order requires that two regulations be effectively eliminated for each new one promulgated by most federal agencies. The order prompted a fiery letter three days later from two prominent Democratic congressmen pointing out it could have “devastating impacts on commercial and recreational fisheries and the businesses and communities they support.”

However, on Feb. 2 the acting head of OMB’s Office of Information and Regulatory Affairs issued an advisory memo that clarified that the president’s order applied only to “significant regulatory actions” as defined under a 1993 executive order issued by President Bill Clinton. The memo is posted at the White House’s website, suggesting it has presidential approval.

The good news for fishermen: The vast majority of federal fisheries regulations do not meet this standard, meaning routine closures and assessments should proceed as they always have.

However, NOAA Fisheries has several regulations currently under consideration that OMB does consider “significant regulatory actions” and therefore are expected to run afoul of Trump’s order, according to OMB’s official “reginfo” database. These include a proposed update to ensure consistent application of rules at federal marine sanctuaries and an effort to combat the spread of illegally caught or fraudulently identified seafood in U.S. markets.

In recent years, numerous fisheries regulations were also treated as “significant” actions by the OMB, including the 2013 overhaul of the framework for managing 16 commercial groundfish off New England and the mid-Atlantic states; a 2013 rule to better protect the endangered North Atlantic right whale from ship strikes; and a 2016 regulation that protected critical spawning habitat for Atlantic sturgeon in the Gulf of Maine and New York Bight.

Drew Minkiewicz, a Washington, D.C., lawyer representing larger Eastern Seaboard scallop fishermen, says fishermen need not be concerned about most regulations. “This executive order has zero impact on 99.9 percent of the fishing regulations going out, so people who are wondering if the fishing season will be delayed don’t need to,” he says. “It’s much ado about nothing.”

Read the full story at the Portland Press Herald

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