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NOAA Seeks Public Comment for Proposed Rule to Require Turtle Excluder Device Use for Skimmer Trawls, Pusher-Head Trawls, and Wing Nets (Butterfly Trawls)

December 16, 2016 — The following was released by NOAA:

In an effort to strengthen sea turtle conservation efforts, NOAA Fisheries is seeking comments on a newly proposed rule. The rule, if implemented, would require all skimmer trawls, pusher-head trawls, and wing nets (butterfly trawls) to use turtle excluder devices (TEDs) in their nets. A TED is a device that allows sea turtles to escape from trawl nets. The purpose of the proposed rule is to aid in the protection and recovery of listed sea turtle populations by reducing incidental bycatch and mortality of sea turtles in the southeastern U.S. shrimp fisheries.

Vessels participating in the Biscayne Bay wing net fishery in Miami-Dade County, Florida would be exempt from this rule because they operate by sight fishing and the agency does not currently believe this fishery presents a threat to sea turtles.

To further support the proposed rule, NOAA Fisheries also prepared a draft environmental impact statement (DEIS), which includes:

a description of the purpose and need for evaluating the proposed action and other potential management alternatives;
the science and data used in the analyses, background information on the physical, biological, human, and administrative environments; and
a description of the effects of the proposed action and other potential management alternatives.

Request for Comments

The proposed rule and a notice of availability on the DEIS were published in the Federal Register on December 16, 2016. Written comments on the DEIS and proposed rule must be received no later than January 30 and February 14, 2017, respectively, to be considered by NOAA Fisheries Service. All comments received by NOAA Fisheries Service will be addressed in the final rule and final environmental impact statement. Electronic copies of the proposed rule or the DEIS may be obtained from the Federal e-Rulemaking Portal at http://www.regulations.gov and the NOAA Fisheries Service Southeast Regional Office’s website http://sero.nmfs.noaa.gov/pr/pr.htm.

Public Hearings

We have scheduled six public hearings in January 2017 to solicit public comment on the proposed rule. The dates, times, and locations of the hearings are as follows:

Larose, LA – January 9, 2017, 4pm-6pm, Larose Regional Park and Civic Center, 307 East 5th Street, Larose, LA 70373.
Gretna, LA – January 10, 2017, 12pm-2pm, Coastal Communities Consulting, Inc., 925 Behrman Highway, Suite 15, Gretna, LA 70056.
Belle Chasse, LA – January 10, 2017, 4pm-6pm, Belle Chasse Community Center, 8398 Highway 23, Belle Chasse, LA 70037.
Biloxi, MS – January 11, 2017, 4pm-6pm, Biloxi Visitor’s Center, 1050 Beach Boulevard, Biloxi MS 39530.
Bayou La Batre, AL – January 12, 2017, 10am-12pm, Bayou La Batre Community Center, 12745 Padgett Switch Road, Bayou La Batre, AL 36509.
Morehead City, NC – January 18, 2017, 12pm-2pm, Crystal Coast Civic Center, 3505 Arendell Street, Morehead City, NC 28557.

How to Submit Comments

You may submit comments by either of the following methods. Comments received through other means may not be considered.

Electronic Submissions: Federal e-Rulemaking Portal:

http://www.regulations.gov

Enter the following docket number into the “Search” box: NOAA-NMFS-2016-0151.
Select the appropriate title, and click “Submit a Comment.” This will display the comment webform.
Attachments to electronic comments (up to 10 MB) will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

Mail: Michael C. Barnette, NOAA Fisheries Service, Southeast Regional Office, Protected Resources Division, 263 13th Avenue South, St. Petersburg, FL 33701-5505.

Pallone, New Jersey DEP push back against summer flounder cuts

December 16th, 2016 — This was one of the more consequential Mid-Atlantic Fishery Management Council meetings in recent memory.

The council’s decisions that were made this week in Baltimore will have a major impact on fishermen, starting with recommendations for cuts to summer flounder, special management zones for artificial reefs, and final rules for a coral protection on the Continental Shelf.

SUMMER FLOUNDER

Anglers are facing the most restrictive fluke regulations yet as a 40-percent cut in the allowable coastwide harvest is being recommended.

It’s based on models that show summer flounder was overfished this year and its biomass is on the decline. Fishermen and legislatures refute that science.

Congressman Frank Pallone Jr. (D-N.J.) is asking NOAA to postpone any cuts until a benchmark assessment is complete. He said there continues to be legitimate concerns that the random sampling heavily relied upon by NOAA and the estimates produced are inaccurate.

The state Department of Environmental Protection is also taking a strong position against the reductions, which it said will cripple recreational and commercial fishing in New Jersey and be felt sharply throughout the Shore economy.

On Wednesday the council approved a non-preferred coastwide measure for a 19–inch minimum size limit, a four-fish bag limit and a season from June 1 – Sept. 15.

Read the full story at The Ashbury Park Press

To protect coral, bottom fishing gear banned near Delaware’s coast

December 16th, 2016 — The National Oceanic and Atmospheric Agency is banning commercial fishing gear that could drag along the seafloor in part of the Atlantic Ocean – including a portion 66 miles off the Delaware coast.

Deep-sea coral can live for hundreds to thousands of years, but once they are damaged, they can take decades or even centuries to re-grow.

To ensure these corals can live undisturbed, a section of the Atlantic Ocean from New York to Virginia – about the size of Virginia – has been designated as “protected”. The protected area is about 66 miles from Delaware’s shore and covers a portion of the Baltimore Canyon. Joseph Gordon, Pew Charitable Trust’s manager of U.S. northeast oceans, said that means fishing gear that reaches down to the depths that deep-sea coral inhabit would not be allowed to operate there.

“They’ve lived a long time but they live in an environment that is cold, with huge pressure, without light,” Gordon said, about the coral. “And so fishing technology could damage them in a way that could take centuries to recover from.”

Some bottom-fishing technologies include rockhoppers and canyon-busters. They are designed to roll over boulders and canyons, and according to Oceana, they can weigh at least several hundred pounds. NOAA authorizes the gear that fishermen can use for commercial fishing, and documented almost 1,000 bottom-fishing technologies in use in the Mid-Atlantic region in 2016. That is up from 630 documented in 2013.

Read the full story at Delaware Public Media

Representative Frank Pallone Calls for NOAA Fisheries to Reconsider Summer Flounder Quotas

December 15, 2016 — Washington, DC – On Wednesday, Congressman Frank Pallone (NJ-06) spoke at the Mid-Atlantic Fishery Management Council’s (MAFMC) December Meeting in Baltimore, Maryland about his efforts to convince NOAA Fisheries to postpone any decision on reducing summer flounder quotes until it conducts a new benchmark summer flounder assessment. Pallone argued that proposed reductions would harm many coastal communities including those along the Jersey Shore who rely on the recreational and commercial fishing industries.

“Many fishermen are frustrated and lack confidence in the data that guides stock assessments,” said Pallone. “In the recreational sector, many believe that they have sacrificed for years to increase stocks, and have yet to see any benefits, despite the increase in biomass from the ‘90s. There continues to be legitimate concerns that the random sampling heavily relied upon by the NOAA and the estimates produced are inaccurate.”

This week Congressman Pallone and Senator Cory Booker sent a letter to National Oceanic and Atmospheric Administration (NOAA) Fisheries about its proposal to reduce the Acceptable Biological Catch (ABC) recreational and commercial quotas for summer flounder in 2017 and 2018. The New Jersey lawmakers requested that NOAA Fisheries postpone any decision on reducing summer flounder quotes until it conducts a new benchmark summer flounder assessment.

Read the full story at the Atlantic Highlands Herald

Congressmen Seek Investigation Of Hawaii Fishing Practices

December 14, 2016 — Four Democratic congressmen have written to officials at the U.S. Coast Guard and the National Oceanic and Atmospheric Administration claiming that Hawaii’s longline fishing fleet is operating illegally by employing — and in some cases possibly abusing — foreign fishermen.

The congressmen said fishing boat owners who are not in “compliance with the law” should not be allowed to sell their products.

Arizona Rep. Raul Grijalva’s staff convened a forum about the matter on Capitol Hill last week. Activists at the event, who described what was happening as modern-day slavery, advocated a boycott of tuna until the alleged abuses stop.

The letter was signed by Grijalva, ranking Democratic member of the Natural Resources Committee; Jared Huffman of California, ranking Democratic member of the Water, Power and Oceans Subcommittee; Peter DeFazio of Oregon, ranking Democratic member of the Transportation Committee and Infrastructure; and John Garamendi of California, ranking Democratic member of the Coast Guard and Maritime Transportation Subcommittee.

It was addressed to Adm. Paul Zukunft, commandant of the U.S. Coast Guard, and Kathryn Sullivan, under secretary of commerce for oceans and atmosphere and NOAA administrator, and was delivered Monday.

“This illegal activity does not represent American values and has dealt a blow to U.S. credibility as a global leader in fighting (illegal, unreported and unregulated) fishing and human trafficking,” the congressmen wrote.

John P. Connelly, president of the National Fisheries Institute, a trade group, told Civil Beat the industry is looking forward to the response by the Coast Guard and NOAA, saying that it would allow a “clarification” of employment law affecting foreign fishermen working in Hawaii.

Read the full story at the Honolulu Civil Beat

Local Fishermen Urged to Complete NOAA Fisheries Survey

December 14, 2016 –HYANNIS, Mass. — In August, approximately 2,500 vessel owners in the Northeast were asked to provide data on 2015 business costs, in an effort for NOAA Fisheries to have a better understanding on how management actions impact the bottom line of fishing businesses, and the deadline to complete these surveys is rapidly approaching.

While completing the survey is voluntary, NOAA Fisheries is hoping for a strong response.

“Every response is important if we are to end up with sufficient data to reflect costs,” said Tammy Murphy, the Northeast Fisheries Science Center economist.

Read the full story at CapeCod.com

MAFMC & NOAA Fisheries Announce Frank R. Lautenberg Deep-Sea Coral Protection Area

December 14, 2016 — The following was released by NOAA:

Today, NOAA Fisheries and the Mid Atlantic Fishery Management Council announced publication of the final rule for the Mid-Atlantic Fishery Management Council’s action to designate a large offshore protected area for deep sea corals in the Mid-Atlantic. The Council approved the Deep Sea Corals Amendment to the Mackerel, Squid, Butterfish Fishery Management Plan in 2015 in order to protect deep sea corals from the impacts of bottom-tending fishing gear.

Most deep sea corals are slow-growing and fragile, making them vulnerable to damage from certain types of fishing gear that contact the sea floor. This final rule designates a large “deep sea coral zone” in areas where corals have been observed or where they are likely to occur. Under the Magnuson-Stevens Act (MSA), regional fishery management councils have the disretionary authority to designate zones where fishing may be restricted to protect deep sea corals. Although corals have been protected as essential fish habitat, the Mid-Atlantic Fishery Management Council is the first of the eight U.S. regional fishery management councils to use this discretionary authority.

The Council named the protected area in honor of the late Senator Frank Lautenberg, a five-term United States senator from New Jersey who was responsible for several important pieces of ocean conservation legislation, including the MSA provisions allowing for deep sea coral protections. The Frank R. Lautenberg Deep Sea Coral Protection Area encompasses areas of known or highly likely coral presence in underwater canyons or slope areas along the continental shelf edge, as well as deeper areas where the presence of corals is uncertain, but where little or no fishing effort currently occurs. In total, the coral zone encompasses more than 38,000 square miles of federal waters off the Mid-Atlantic coast, an area approximately the size of the state of Virginia.

Within the protected area, commercial fishermen are prohibited from using most types of bottom-tending fishing gear such as trawls, dredges, bottom longlines, and traps. The rule does not apply to recreational fishing, commercial gear types that do not contact the sea floor, or the American lobster trap fishery. An exemption is also provided for the deep sea red crab commercial trap fishery. Vessels may transit through the area if fishing gear is stowed and not available for immediate use.

Development of the deep sea coral protection area was informed by several recent scientific research efforts undertaken by the National Oceanic and Atmospheric Administration and the Bureau of Ocean Energy Management, including several deep sea surveys and the development of a predictive deep sea coral habitat suitability model. Using this information, members of the Council’s advisory panels, deep sea coral experts, fishing industry members, and other stakeholders cooperatively reviewed this information to identify the landward boundaries for the protected area.

“This is a great story of regional collaboration among the fishing industry, the Mid-Atlantic Council, the research community, and environmental organizations to protect what we all agree is a valuable ecological resource,” said John Bullard, Regional Administrator for the Greater Atlantic Regional Fisheries Office. “We owe a debt of gratitude to former Council Chair Rick Robins, who led the effort to establish this large protected area, which totals about 24 million acres, the size of state of Virginia. I’d also like to single out the contribution of current Vice Chairman Warren Elliot, who chaired the two-day workshop where all the stakeholders used the best available science to negotiate and agree upon the boundaries of the area to protect.”

“The Mid-Atlantic Council is extremely pleased that NOAA Fisheries has approved the Council’s recommended protection of deep sea corals in the Mid-Atlantic,” said Council chairman Michael Luisi. “We are proud of this achievement and want to thank and congratulate all those who contributed to this ground-breaking effort in the Atlantic.”

See the full release at NOAA

NEW JERSEY: Fishermen can protest Summer flounder catch limits with letters

December 13th, 2016 — Before I get into any recent fishing catches, I want to cover some very distressing news concerning next year’s fluke regulations. To say that the reports I have gotten are negative is being kind.

NOAA Fisheries has announced that their flounder assessment from last summer shows the summer flounder population is declining, and anglers are catching too many fish.

To address this problem, the federal government is proposing a 30 percent reduction from catch limits already determined for 2017, and then the next year another 16 percent reduction from current 2018 allocations.

According to predictions from “The Fisherman” magazine, the result of this could very possibly be something like a two-fish per day daily catch limit, a 19-inch minimum keeper size, and a three month long season during the summer months. I told you that you would not like this news!

The only positive thing that I can tell you is that these cuts have not yet been made, but are in the works. According to “The Fisherman,” there are a couple of things that we as concerned anglers can do.

First, we can send a note to NOAA Fisheries expressing our opposition to these cuts. Try to keep your comments within the bounds of polite discourse, and be sure to include your contact information.

Read the full story at the Ashbury Park Press

East Coast fishermen file appeal over cost of government-required ‘at-sea monitors’

December 12th, 2016 — David Goethel built his life off the profits of cod, trolling the waters of New England for 30 years netting the region’s once-abundant signature fish.

“My slice of the American Dream was paid for from fishing,” Goethel said from behind the wheel of his 44-foot fishing trawler on a windy Friday afternoon in December. “Cape Cod house, two cars, four college educations – it all came out of the fish hole in this boat.”

But a controversial federal mandate is threatening to put him out of business, he claims.

The National Oceanic and Atmospheric Administration, NOAA, requires groundfishermen — those who catch cod, haddock and other common bottom-dwelling species — to carry on board “at-sea monitors.” The observers, hired by three for-profit companies, are third-party workers whose task it is to observe fishermen’s compliance with federal regulations and ensure annual quotas are not exceeded.

The dispute lies in the cost of the monitors and who should pay for them: Fishermen are billed on average $700 a day when a regulator is present.

NOAA, meanwhile, says monitors were placed on fishing boats like Goethel’s only 14 percent of the time in 2016 — and claims the fishing industry supported this system of regulation in 2010 when a vote went before the New England Fishery Management Council, an advisory board to NOAA that sets the rules.

Read the full story at Fox News

Commercial Harvest of Vermilion Snapper in South Atlantic Federal Waters will Open for Two Days on December 14 and 15

December 12, 2016 — The following was released by the South Atlantic Fishery Management Council:

Commercial harvest of vermilion snapper in federal waters of the South Atlantic will reopen for two days on December 14 and December 15, 2016. Commercial harvest will reopen 12:01 a.m. (local time) on December 14 th and close 12:01 a.m. (local time) on December 16 th. During the two-day opening, the commercial trip limit for vermilion snapper is 555 pounds whole weight or 500 pounds gutted weight.

On October 11, 2016, the commercial quota for the July through December 2016 season was projected to be met, and NOAA Fisheries closed the season. However, a recent landings update indicates that the vermilion snapper quota was not met. The 2017 January through June fishing season opens at 12:01 a.m. (local time) on January 1, 2017.