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Gillnet Fishing: Closed Area I and Nantucket Lightship Closure Areas

November 4, 2019 — On October 28, 2019, Federal District Court Judge James E. Boasberg issued an Order and Opinion on a lawsuit challenging a portion of the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2.

The Order prohibits NOAA Fisheries from allowing gillnet fishing in the former Nantucket Lightship Groundfish and the Closed Area I Groundfish Closure Areas, until such time as NOAA Fisheries has fully complied with requirements of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act, consistent with the Opinion.

NOAA Fisheries is studying the Opinion and will put regulations in place as soon as possible to comply with the Order to close the areas to gillnet fishing until further notice.

Read the full story at NOAA Fisheries

NEFMC Streamlines Scallop Specification Process and Ranks 2018 Priorities; Discusses Enforcement Issues

April 19, 2018 — The following was released by the New England Fishery Management Council:

During its mid-April meeting in Mystic, CT, the New England Fishery Management Council took steps to streamline the process used to develop annual specifications for Atlantic sea scallops. It also reviewed, refined, and ranked its 2018 scallop priorities and voted to send letters to NOAA Fisheries on: (1) enforcement-related matters; and (2) implementation of real-time, online transfers of limited access general category individual fishing quota (IFQ).

The Council recognized that several basic scallop measures regularly are included in annual specifications without being modified from one year to the next. As a new work priority, the Council approved having its Scallop Plan Development Team (PDT) compile a list of these now-routine provisions with the intent of turning them into “standard default measures.” This way, the Council will be able to include default measures in specifications packages without having the PDT conduct extensive and repetitive analyses each year.

The Council determined that this move would:

• Help streamline the specification-setting process;

• Increase the prospect that final specifications will be implemented by the April 1 start of the scallop fishing year;

• Lighten the PDT’s analytical workload during the busiest time of the year for scallop analyses;

• Reduce the number of decisions the Council needs to make during final action; and

• Lead to more predictable outcomes for industry.

Given these considerable benefits, the Council readily agreed to add the item to its 2018 scallop priorities. It also voted to remove an item that initially was on the priority list – “gear modifications to protect small scallops.” While recognizing the importance of this work, the Council noted that gear modifications could be considered in future years and that several other actions were more pressing.

The Council then ranked the five items on its revised 2018 scallop priority list in the following order:

  1. Develop an action to modify scallop access areas consistent with the recently implemented Omnibus Essential Fish Habitat Amendment 2;
  2. Develop the newly approved “standard default measures” approach;
  3. Review and address monitoring and catch accounting provisions in the fishery, including those related to hail requirements, IFQ vessels exceeding their quota, and possession limit overages, among others;
  4. Consider limited access general category IFQ trip limit modifications; and
  5. Revisit and potentially modify Northern Gulf of Maine Management Area measures

In spite of this ranking, the Council emphasized that its most critical actions this year are focused on the 2018 scallop benchmark stock assessment and the specifications package for fishing year 2019 with default specifications for 2020. The Council then will work its way down the items on the list above, recognizing that work on several priorities may require more time to develop than is available this year.

As for the 2018 benchmark assessment, the Scallop Stock Assessment Workshop (SAW) Working Group, which includes several members of the Council’s PDT, is conducting the assessment as part of the 65th SAW/SARC. The SARC is the Stock Assessment Review Committee, which will peer review the new assessment.

The scallop working group held a data meeting in early February and then met again in late March. The next meeting is scheduled for April 30-May 4. The scallop assessment results will be peer reviewed during the June 26-29 SARC meeting. A benchmark stock assessment for Atlantic herring also will be reviewed at the same SARC meeting.

View the release in its entirety here.

 

NOAA Fisheries Announces New Habitat Management Measures for New England Fisheries

April 4, 2018 — The following was released by NOAA Fisheries:

NOAA Fisheries has approved measures of the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2. This amendment updates the Essential Fish Habitat designations required by the Magnuson-Stevens Act with the latest scientific information, and minimizes the effect of fishing on that habitat while balancing the economic needs of the fishing industry.

The approved measures include:

  • Revisions to the essential fish habitat designations for all New England Fishery Management Council-managed species and life stages;
  • New Habitat Areas of Particular Concern to highlight especially important habitat areas;
  • Revisions to the spatial management system within the Gulf of Maine, Georges Bank, and the southern New England area to better align with scientific advice on how and where to protect essential fish habitat while balancing the economic needs of the fishing industry;
  • Establishment of two Dedicated Habitat Research Areas, seasonal spawning protection measures, and a system for reviewing and updating the proposed measures.

The approved measures are effective on April 9, 2018.  

Two important notes:

Closed Area I North will remain closed until April 15 to protect spawning. This closure applies to all fishing vessels, except vessels in transit, vessels fishing with exempted gears, vessels fishing in the mid-water trawl exempted fishery, charter and party vessels, private recreational vessels, and scallop dredges.

The Spring Massachusetts Bay Spawning Closure will be closed April 15-30. This closure applies to all vessels, except vessels without a federal northeast multispecies permit fishing exclusively in state waters, vessels fishing with exempted gears or in the mid-water trawl purse seine exempted fishery, scallop vessels on a day-at-sea, scallop vessels in the dredge exemption area, transiting vessels, and charter/party and private recreational vessels.

For more information, read the permit holder bulletin. Also, see the map of the final approved habitat areas below. The dashed lines show the boundaries of the existing closed areas and habitat closures.

Learn more about NOAA Fisheries Greater Atlantic Region by visiting the site here.

 

NEFMC: Council Update – March 19, 2018 – Scallops, Herring, Groundfish, more

March 19, 2018 — The following was released by the New England Fishery Management Council:

ATLANTIC SEA SCALLOPS:  The 2018 scallop fishing year will begin on April 1.

  • The New England Fishery Management Council developed Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan (FMP), which contains 2018 fishery specifications and other measures. Visit “Related News” and “Framework 29” on the Council’s Scallop Webpage. The National Marine Fisheries Service (NMFS) currently is reviewing the framework for approval and implementation.
  • Northern Gulf of Maine measures are expected to be in place by April 1. The proposed rule is available at NGOM Framework 29 measures. NMFS will publish the final rule soon.
  • The remainder of Framework 29 will not be in place by April 1. Therefore, the 2018 scallop default measures implemented through Framework Adjustment 28will kick in. NMFS’s Greater Atlantic Regional Fisheries Office (GARFO) published a side-by-side comparison of the measures at Defaults vs. Framework 29 Guide.
  • On March 15, NMFS published the proposed rule containing the remainder of the Framework 29 measures, meaning everything exceptthe NGOM actions. The agency is collecting public comment through March 30. Visit Framework 29 proposed rule for details.
  • IMPORTANT NOTE: In addition to Framework 29, the scallop fleet must wait for the Omnibus Habitat Amendment 2 final rule to be published before being able to access the new Closed Area I and Nantucket Lightship-West Visit the New England Council’s Habitat Webpage and NMFS Approves “Majority” of Council’s Habitat Amendment for more information.
  • The New England Council’s Scallop Advisory Panel (AP) will meet March 21, 2018 in Providence, RI. The Council’s Scallop Committee will meet the following day at the same hotel in Providence. Details and documents are available at Scallop Committee March 22, 2018 meeting.

ATLANTIC HERRING:  Effective March 14, NMFS prohibited Atlantic herring midwater trawl vessels from directed fishing in the Mid-Atlantic/Southern New England Catch Cap Area after projecting that the fishery’s river herring/shad catch cap had been harvested. The herring midwater trawl possession limit is 2,000 pounds in this area for the remainder of the 2018 fishing year, which ends December 31.

  • ATLANTIC HERRING DETAILS: Additional details and a map showing the Mid-Atlantic/Southern New England Catch Cap Closure Area can be found at NMFS herring fishery bulletin.
  • ATLANTIC MACKEREL FISHERY: The Atlantic mackerel fishery, which is managed by the Mid-Atlantic Council, also reached its river herring/shad catch cap. Effective February 27, NMFS prohibited federally permitted mackerel vessels from possessing more than 20,000 pounds of mackerel per trip through December 31. Learn more at NMFS mackerel fishery bulletin.
  • The New England Council’s Herring Committee and Herring AP will meet jointly on April 4 in Boston to, among other things, discuss the implications of the river herring/shad catch cap accountability measures (AMs) being triggered in both the Atlantic herring and Atlantic mackerel fisheries. The Committee and AP also will review a draft white paper considering the addition of river herring and shad as “stocks in the Atlantic herring fishery.” The meeting notice is available at April 4 Herring Committee/AP meeting. Related documents will be posted on this same page as they become available.

GROUNDFISH:  Effective March 1, NMFS extended its previous emergency action to remove the 2017 southern windowpane flounder AMs for non-groundfish trawl vessels. The emergency action will run through April 30, the end of the 2017 fishing year.  Read the notice at emergency action extension. A map of the area is available at bulletin.

  • The New England Council’s Groundfish AP will meet March 26, 2017 at the Hilton Garden Inn, Logan Airport in Boston. The Groundfish Committee will meet the following day at the same location primarily to discuss Groundfish Monitoring Amendment 23 and work-to-date on 2018 groundfish priorities.  The meeting notice is available at March 27, 2018 Groundfish Committee Meeting. Related documents also will be available on this page shortly.

GROUNDFISH RECREATIONAL:  At the request of the New England Council, NMFS published a new control date that may be used to determine future participation in the Northeast multispecies charter/party fishery. The new control date is March 19, 2018. This replaces the previous March 30, 2006 control date, which many members of the industry considered to be “stale” and not reflective of current conditions in the fishery. NMFS is collecting public comment on the new date through April 18. The notice is available at March 19, 2018 control date. Learn more about the New England Council’s recent recreational actions at January 31 decision-making.

RED HAKE:  NMFS has notified the New England Council that the Southern Georges Bank/Mid-Atlantic stock of red hake is now subject to overfishing and overfished based on the recent 2017 assessment. As such, the Council will be working to develop measures to end overfishing and rebuild the stock.  Read the Federal Register notice and visit the Council’s Small-Mesh Multispecies Webpage.

DOGFISH, MID-ATLANTIC SPECIES:  Spiny dogfish is jointly managed by the New England and Mid-Atlantic Councils. The Mid-Atlantic, which has the administrative lead over the Spiny Dogfish FMP, is soliciting applications from qualified individuals to serve on the Dogfish Advisory Panel.

  • The application deadline is April 20, 2018.
  • All current advisory panel members must reapply in order to be considered for reappointment.
  • The Mid-Atlantic Council also is accepting applications for seven other advisory panels, which are the: River Herring and Shad AP; Summer Flounder, Scup, and Black Sea Bass AP; Mackerel, Squid, Butterfish AP; Surfclam and Ocean Quahog AP; Tilefish AP; Bluefish AP; and Ecosystem and Ocean Planning AP.
  • Additional information and an application form are available at serve on an advisory panel.

Learn more about the NEFMC by visiting their site here.

 

Council to talk deep-sea coral, at-sea monitors

January 23, 2018 — The New England Fishery Management Council kicks off its 2018 calendar with meetings in New Hampshire on the final two days of January that will include discussions on its deep-sea coral amendment and industry-funded at-sea monitoring.

The latter, however, will come with a twist.

The discussion on mandated industry-funded monitoring, set as the second agenda item for the first day of meetings on Jan. 30, is expected to include an update on electronic monitoring projects aboard midwater trawl vessels in the region’s herring and mackerel fisheries.

On the same day in the hotel, NOAA Fisheries — with the Greater Atlantic Regional Fisheries Office and the Northeast Fisheries Science Center — will hold a free monitoring service provider vendor show to give fishermen and stakeholders the opportunity to meet and question vendors providing monitoring services.

“This is a great opportunity for herring and groundfish fishermen in particular to interact one-on-one with all of these providers,” said Janice Plante, a council spokeswoman.

Herring fishermen, she said, will be subject to new monitoring requirements under the industry-funded monitoring omnibus amendment and groundfishermen may see new monitoring requirements in the groundfish monitoring amendment currently before the council.

Read the full story at the Gloucester Times

 

NEFMC: January 30-31, 2018 meeting, Portsmouth, NH

January 23, 2018 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council will hold a two-day meeting from Tuesday, January 30 through Wednesday, January 31, 2018. The public is invited to listen-in via webinar or telephone.  Here are the details.

MEETING LOCATION: Sheraton Harborside, 250 Market Street, Portsmouth, NH 03801; Sheraton Harborside.

START TIME: The webinar will be activated at 8:00 a.m. each day.  However, please note that the meeting is scheduled to begin at 10:00 a.m. on Tuesday and 9:00 a.m. on Wednesday.  The webinar will end at approximately 6:00 p.m. EST or shortly after the Council adjourns each day.

WEBINAR REGISTRATION: Online access to the meeting is available at:

https://register.gotowebinar.com/register/8388599007058128899.

There is no charge to access the meeting through this webinar.

CALL-IN OPTION: To listen by telephone, dial +1 (562) 247-8321.

The access code is 767-546-787.  Please be aware that if you dial in, your regular phone charges will apply.

AGENDA: The agenda and all meeting materials are available on the Council’s website at:  https://www.nefmc.org/calendar/january-2018-council-meeting.

SPECIAL EVENT: In conjunction with the Council meeting, the Greater Atlantic Regional Fisheries Office (GARFO) and the Northeast Fisheries Science Center (NEFSC) will be hosting a vendor show from 9 a.m. to 4 p.m. in the Harbor’s Edge Room at the same hotel. The show features 11 monitoring service providers:

  • Four that provide at-sea monitoring services and are involved with the Northeast Fisheries Observer Program; and
  • Seven that provide electronic monitoring

This event was organized by GARFO/NEFSC to help industry members familiarize themselves with available at-sea, electronic, and portside monitoring options that may be needed in the future under the Council’s Omnibus Industry-Funded Monitoring Amendment and, possibly, Groundfish Monitoring Amendment 23 further down the road.

SPECIAL EVENT QUESTIONS: Anyone with questions about the vendor show should contact NEFSC’s Nichole Rossi at (508) 495-2128, Nichole.Rossi@noaa.gov. A flyer about the event is available at monitoring service providers.

THREE MEETING OUTLOOK: A copy of the New England Council’s Three Meeting Outlook is available here.

Learn more about the NEFMC by visiting their site here.

 

New England’s Newest Fishery Plan has Science at its Core

January 22, 2018 — New England’s fishery managers have released a sweeping new plan for managing the ocean ecosystems off New England’s coasts. Habitat Omnibus Amendment 2 has been fourteen years in the making and, as with any new fishing rule, it’s been controversial, with critics among the fishing industry and environmental advocates.

It has also been hailed as a groundbreaking application of ocean science.

The plan designates a number of areas in which fishing will be restricted in order to protect the physical structure of the seafloor. It’s all based on a model that synthesizes state-of-the-art maps and video surveys of the seafloor, the habitat preferences of individual species, and what’s known about the environmental impacts of different fishing gear.

With dozens of different species – from cod, to scallops, to lobsters – to consider, it’s an enormous juggling act. Michelle Bachmann, the lead fishery analyst for habitat with the New England Fishery Management Council, says that if there are critics on both sides, that probably means the Council has done its job. And she notes that no one is pretending this plan is either perfect or final.

Read the full story at WCAI

 

Scallop Group Praises NMFS Decisions on Openings, But Still Wants Georges Bank Area as Well

January 18, 2018 — SEAFOOD NEWS — In a step towards balancing sustainable scallop fishing and environment protection, the National Marine Fisheries Service (NMFS) has approved the majority of Omnibus Fish Habitat Amendment 2 (OHA2).

The New England Fishery Management Council initiated OHA2 in 2004, and it was implemented in 2017 to update essential fish habitat designations, as well as designate new Habitat Areas of Particular Concern for Atlantic salmon and Atlantic cod. Now the council has received approval for habitat closures in the Great South Channel and western Georges Bank. According to a press release from the Fisheries Survival Fund, a group established to ensure the long-term sustainability of the Atlantic sea scallop fishery, the closures will “provide critical protections for species like Georges Bank cod, and will provide dramatically more protection for critical habitat than the nearly 20-year closures that they replace.”

The Fund is praising NMFS’ decision, saying that it creates “new opportunities for the successful scallop rotational management system.” However, they also have some concerns.

While NMFS approved habitat closures in the Great South Channel and western Georges Bank, they rejected habitat management in eastern Georges Bank. The Fund says that the area contains “some of the most historically rich scallop fishing areas in the world.”

“According to its decision memo, NMFS appears to have been seeking more information on how habitat-friendly rotational scallop fishing can be implemented to benefit both fishermen and habitat,” the Fund wrote in a press release. “In the meantime, the outmoded 20-year-old closures remain in place, despite zero evidence that these closures have done anything to promote groundfish productivity. In fact, the evidence suggests they have stymied economic growth and prevented optimization of scallop management.”

The Fisheries Survival Fund says that they hope NMFS is “willing to work on refining a solution to restore Northern Edge access.”

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

 

Fisheries Survival Fund: Approval of OHA2 ‘Significant Step Forward’

January 17, 2018 — WASHINGTON — The following was released by the Fisheries Survival Fund:

The National Marine Fisheries Service’s (NMFS) decision to accept the majority of Omnibus Fish Habitat Amendment 2 (OHA2) is a significant step forward in balancing sustainable scallop fishing and environmental protection.

NMFS approved the New England Fishery Management Council’s well-documented recommendations for habitat closures in the Great South Channel and western Georges Bank. These closures will provide critical protections for species like Georges Bank cod, and will provide dramatically more protection for critical habitat than the nearly 20-year closures that they replace.

OHA2’s rebalancing of habitat management both allows for greater habitat protection and restores access to historically productive scallop grounds. It creates new opportunities for the successful scallop rotational management system, which has made the scallop fishery one of the most successful and sustainable fisheries over the last 20 years. Allowing new access to abundant areas such as these has also proven to be the best way to limit adverse environmental impacts from scallop fishing.

NMFS estimates these measures could contribute well over $100 million in scallop landings in the short-term for coastal fishing communities – news that FSF welcomes.

But the Council’s work is not done. NMFS rejected innovations in habitat management in the eastern portion of Georges Bank that would have allowed access to a portion of what is known as the “Northern Edge,” an area that contains some of the most historically rich scallop fishing areas in the world. Several generations of scallops have been born, lived, and died of old age since the last time fishing was permitted there.

According to its decision memo, NMFS appears to have been seeking more information on how habitat-friendly rotational scallop fishing can be implemented to benefit both fishermen and habitat. In the meantime, the outmoded 20-year-old closures remain in place, despite zero evidence that these closures have done anything to promote groundfish productivity. In fact, the evidence suggests they have stymied economic growth and prevented optimization of scallop management.

We are disappointed in the decision regarding eastern Georges Bank, but are hopeful we can take NMFS at its word that it is willing to work on refining a solution to restore Northern Edge access.

 

Cape Cod Times: A landmark fisheries plan

January 15, 2018 — For seafood lovers, there’s nothing better than a lightly battered scallop, freshly harvested from the North Atlantic, and dipped in simmering butter. And now that federal regulators have agreed to open an area east of Nantucket, closed since the 1990s, fishermen could catch as much as $218 million worth of scallops this year, and $313 million over three years. Expect those fried scallop plates to cost less this summer.

The reopening of the sea bed is just one of the many beneficial outcomes of a new fisheries management plan that was nearly 15 years in the making. The landmark set of regulations opens a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species. The plan uses science and the latest technology to decide which ocean areas are important for the critical life stages of fish and shellfish species and how to protect them.

Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating. Now, with a model that compares the sea bed with the impact of fishing, regulators can make decisions that will help restore and protect fish stocks. The new plan also sets aside research areas to investigate the link between habitat and fish productivity.

“We think these are groundbreaking regulations,” said John Bullard, NOAA’s outgoing regional administrator, who issued the regulations as one of his last acts on the job. “It puts the focus on the quality of the habitat protected — not the quantity, or how many square miles were protected.”

Cape fishermen are pleased with at least two elements of the plan. They cheered the closing of a large part of the Great South Channel that runs between the Cape and Georges Bank because it is essential habitat for spawning cod and other fish species. State and federal surveys have found that the region’s cod population has plummeted by about 80 percent over the past decade. Closing this area will now help ensure the continued survival of species like Atlantic cod, haddock, and flounder for years to come.

Read the full opinion piece at the Cape Cod Times

 

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