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Request for Comments: Modifications to Commercial Permit Restrictions for King and Spanish Mackerel in the Gulf of Mexico and Atlantic Federal Waters

March 1, 2017 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries requests your comments on a proposed rule to remove the restriction on fishing for and retaining the recreational bag limit of king and Spanish mackerel in the Gulf of Mexico (Gulf), South Atlantic, and Mid-Atlantic on a vessel with a federal commercial permit for king or Spanish mackerel when the vessel is on a recreational trip and commercial harvest of king or Spanish mackerel in that zone or region is closed.

SUMMARY OF PROPOSED CHANGES:

Current regulations state that a person aboard a vessel with a federal commercial permit for king or Spanish mackerel may not fish for or retain king or Spanish mackerel in or from federal waters under the bag limit if commercial harvest for the species is closed (i.e., the species, migratory group, zone, subzone, or gear is closed).
This regulation prevents commercial fishermen with a federal commercial permit for king or Spanish mackerel from recreationally fishing on their commercial vessel outside of the commercial season for those species. Such a restriction does not exist under any other vessel or permit condition for other species in the Gulf or South Atlantic.
The proposed rule would remove the restriction on fishing for and retaining the recreational bag limit of king and Spanish mackerel in the Gulf of Mexico, South Atlantic, and Mid-Atlantic on a vessel with a federal commercial permit for king or Spanish mackerel when the vessel is on a recreational trip and commercial harvest of king or Spanish mackerel in that zone or region is closed.

HOW TO COMMENT ON THE FRAMEWORK AMENDMENT AND PROPOSED RULE:

The comment period is open now through March 31, 2017. 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. Relevant comments on both the framework amendment and proposed rule will be addressed in the final rule.

FORMAL FEDERAL REGISTER NAME/NUMBER: 82 FR 12187, published March 1, 2017.

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

Go to: https://www.regulations.gov/document?D=NOAA_FRDOC_0001-4232
Click the “Comment Now!” icon, complete the required fields.
Enter or attach your comments.

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

FREQUENTLY ASKED QUESTIONS (FAQs)

Why was the prohibition to restrict commercial vessels from retaining recreational bag limits originally implemented?

The regulations were originally considered necessary when the Gulf migratory group of king mackerel (Gulf king mackerel) was thought to be overfished (the population is too low) in the early 1990s, as a means of controlling fishing effort.

Why is the prohibition changing?

The current restriction prevents fishermen from recreationally targeting king or Spanish mackerel on their commercially permitted vessels when the commercial season is closed.
The restriction does not exist under any other vessel permit for other species in the Gulf or South Atlantic.
The most recent population assessment of king mackerel indicated that both Gulf and Atlantic migratory groups of king mackerel are not overfished or experiencing overfishing (too many are being caught each year).

Where can I find more information on Framework Amendment 5?

Contact NOAA Fisheries, Southeast Regional Office

By Mail: Rich Malinowski

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 Action 5 may be found online at the NOAA Fisheries Southeast Regional Office Web site by clicking here.
Additional information on management of king and Spanish Mackerel can be found on the NOAA Fisheries Southeast Regional Office Web site by clicking here.

New Secretary of Commerce Wilbur Ross Lists U.S. Fisheries as a Top Department Priority

WASHINGTON (Saving Seafood) – March 1, 2017 – In his first address (starts at 9:41 in the video) to Department of Commerce employees this morning, newly confirmed Secretary of Commerce Wilbur Ross included U.S. fisheries among his top priorities for the department.

In a list of ten challenges facing the Commerce Department’s 47,000 employees, including the launch of more NOAA satellites and changes to the methodology of the 2020 U.S. Census, Mr. Ross specifically identified the need for “obtaining maximum sustainable yield for our fisheries.”

Maximum sustainable yield (MSY) refers to the largest catch that can be sustainably taken from a fish stock over an indefinite period of time. Promoting sustainable fishing by achieving maximum sustainable yield is one of the primary goals of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the chief law governing fisheries management in the U.S.

The U.S. commercial fishing industry is a vital part of the U.S. economy, with landings of 9.7 billion pounds of seafood in 2015 worth $5.2 billion, according to the latest “Fisheries of the United States” report from NOAA Fisheries. Nevertheless, nearly 90 percent of seafood consumed in the U.S. is imported into the country.

Mr. Ross has previously expressed his support for domestic fisheries and his desire to reduce America’s reliance on seafood imports, which has created an $11 billion trade deficit for the U.S. seafood industry.

“Given the enormity of our coastlines, given the enormity of our freshwater, I would like to try to figure out how we can become much more self-sufficient in fishing and perhaps even a net exporter,” Mr. Ross said at his January confirmation hearing, according to Politico.

Mr. Ross was confirmed in a Senate vote 72-27 Monday night. He is a successful billionaire investor and founder of the private equity firm WL Ross & Co., from which he has agreed to divest as he takes on his new government role.

Study finds preliminary recovery of coastal sharks in southeast U.S.

February 28, 2017 — The following was released by the Virginia Institute of Marine Science:

A new analysis of population trends among coastal sharks of the southeast U.S. shows that all but one of the 7 species studied are increasing in abundance. The gains follow enactment of fishing regulations in the early 1990s after decades of declining shark numbers.

Scientists estimate that over-fishing of sharks along the southeast U.S. coast—which began in earnest following the release of Jaws in 1975 and continued through the 1980s—had reduced populations by 60-99% compared to un-fished levels. In response, NOAA’s National Marine Fishery Service in 1993 enacted a management plan for shark fisheries that limited both commercial and recreational landings.

Now, says lead scientist Cassidy Peterson, a graduate student at William & Mary’s Virginia Institute of Marine Science, “We’ve shown that after over two decades of management measures, coastal shark populations are finally starting to recover and reclaim their position as top predators, or regulators of their ecosystem. Our research suggests we can begin to shift away from the era of ‘doom and gloom’ regarding shark status in the United States.”

Joining Peterson in the study, published in the latest issue of Fish and Fisheries, were VIMS professor Rob Latour, Carolyn Belcher of the Georgia Department of Natural Resources, Dana Bethea and William Driggers III of NOAA’s Southeast Fisheries Science Center, and Bryan Frazier of the South Carolina Department of Natural Resources.

he researchers say their study based on modeling of combined data from 6 different scientific surveys conducted along the US East Coast and in the Gulf of Mexico between 1975 and 2014 provides a more accurate and optimistic outlook than previous studies based on commercial fishery landings or surveys in a single location.

“Data from shark long-lining operations or shark bycatch can be suspect,” says Peterson, “because what looks like a change in abundance might instead be due to changes in fishing gear, target species, market forces, or other factors.”

Research surveys are scientifically designed to remove these biases. Survey crews purposefully sample a random grid rather than visiting known shark hot spots, and strive to use the exact same gear and methods year after year to ensure consistency in their results.

But even with these safeguards, data from a single survey often aren’t enough to capture population trends for an entire shark species, whose members may occupy diverse habitats and migrate to different and far-flung areas depending on age and sex.

Read the full report at the Virginia Institute of Marine Science

Wilbur Ross: Make America first on seafood

February 28, 2017 — Wilbur Ross is expected to emerge as the Trump administration’s leading voice on trade after the Senate votes tonight to confirm him as Commerce Department secretary. He’s already singled out a surprising pet project: Reducing America’s reliance on seafood imports.

“Given the enormity of our coastlines, given the enormity of our freshwater, I would like to try to figure out how we can become much more self-sufficient in fishing and perhaps even a net exporter,” the 79-year-old billionaire businessman said at his confirmation hearing in January.

That would be a big job for anyone, since 85 percent, or some $20 billion, of seafood consumed in the U.S. comes from abroad. America is the second-largest seafood market after the 28-nation European Union, and the U.S. seafood industry runs an $11 billion trade deficit.

One action Ross could take to curb the amount of seafood the U.S. imports each year is to follow through on the Seafood Import Monitoring Program, which the Commerce Department’s National Oceanic and Atmospheric Administration established during the waning days of the Obama administration. That regulation, supported by environmental groups like Oceana, is aimed at reducing billions of dollars in illegal, unreported and unregulated fishing each year by creating a traceability program to track imported seafood from point of harvest to point of entry in the U.S. Pros, Doug Palmer dives into Ross’ fishing expedition here.

Read the full story at Politico

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.

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