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MAFMC and ASMFC to Consider Final Action on Summer Flounder, Scup, and Black Sea Bass Commercial/Recreational Allocation Amendment

December 8, 2021 — The following was released by the Mid-Atlantic Fishery Management Council:

Next week, the Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board (Board) will consider final action on the Summer Flounder, Scup, and Black Sea Bass Commercial/Recreational Allocation Amendment during the Council’s December 2021 Council Meeting.

Final action was previously considered in April 2021 but was postponed until December to allow further progress to be made on the Recreational Harvest Control Rule Framework and Addendum. The purpose of this joint amendment is to consider adjusting the allocations of catch or landings between the commercial and recreational fisheries for summer flounder, scup, and black sea bass. Details on the specific alternatives being considered are available in the Decision Document and in the Combined Briefing Materials. Additional background information can be found here.

Meeting Details: This agenda item is scheduled for 3:00 p.m. on Tuesday, December 14 (please note that this start time is subject to change). Members of the public are welcome to attend in person at the Westin Annapolis (100 Westgate Circle Annapolis, MD 21401) or online via Webex webinar (Meeting number: 2330 933 4966; Meeting password: ncKMj56xX6p). Please see the December 2021 Meeting Page for additional details, including health and safety precautions. A live stream of the meeting will also be available on our YouTube channel.

Public Comment: Members of the public participating in person and remotely will have opportunities to provide oral comments during the meeting. There is no need to pre-register for public testimony. At the appropriate time, the chairman will provide instructions on how to indicate your desire to speak. You may also submit written comments through the December 2021 Public Comment form or via email to cmoore@mafmc.org. Comments submitted by 5:00 p.m. on Thursday, December 9, will be combined and posted as supplemental materials on the meeting page(please note that comments submitted by December 1 are already included in the briefing materials). After December 9, comments may only be submitted through the comment form (no email).

Questions? For questions about the amendment, contact Kiley Dancy (kdancy@mafmc.org, 302-526-5257) or Dustin Colson Leaning (dleaning@asmfc.org, 703-842-0714). For questions about the meeting or public comment procedures, contact Mary Sabo (msabo@mafmc.org, 302-526-5261).

December 2021 Council Meeting – Quick Links

•Meeting Page

•Join the Webinar

•Public Comment Form

•Combined Briefing Materials: Summer Flounder/Scup/Black Sea Bass Allocation Amendment

New Recreational Management Effort Raises More Questions than Answers

September 3, 2021 — For longer than a year, we’ve been keeping an eye on the Recreational Reform Initiative (RRI), a comprehensive joint effort by the Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission) to improve the management of four key recreational fisheries—black sea bass, fluke, scup, and bluefish. The process has been complex, evolving, and largely devoid of public input. However, now that concrete alternatives for the first piece of the RRI, the Recreational Harvest Control Rule (HCR) Framework/Addendum, are out in the public sphere, its time share our thoughts and concerns—and get you, the public, up to speed with what’s going on.

Quick Background on Recreational Reform

The RRI grew out of Marine Recreational Information Program (MRIP) growing pains, specifically with regard to black sea bass. After recalibrated MRIP estimates were approved for management use in 2017, our understanding of many stocks fundamentally changed. MRIP told us that because recreational effort, catch, and landings were substantially higher than previously understood, there must have been more fish in the ocean. This resulted in a phenomenon known as “chasing the recreational harvest limit (RHL),” where managers were constantly trying to constrain recreational catches.

Earlier this year, the Council and Commission prioritized the HCR as a possible alternative and solution to the current system of managing the recreational sector. An HCR can provide relief by relying on predetermined measures (bag size, season length, and size limit) for certain scenarios like stock status and trend. Additionally, HCRs can remove the political pressures surrounding recreational management measures—when implemented and developed effectively. Leading up to the joint Council/Commission meeting in August, Council and Commission staff met several times to develop various alternatives. Following these meetings, the slate of options on the table was comprehensive and addressed many—but not all—of ASGA’s initial concerns.

Throughout this whole process, our primary concern was that the HCR appeared to offer a way for recreational fisheries to sidestep the Magnuson-Stevens Act requirement of Annual Catch Limits (ACL)—bringing back unpleasant memories from the Modern Fish Act debate on Capitol Hill in 2017-2018. If you’re wondering why that’s a concern, consider that the same groups who initially proposed the HCR were also behind the Modern Fish Act. For months, staff members grappled with developing HCR alternatives without fully sorting out how this system will adhere to ACLs. We view this as a major issue for two reasons. One, ACLs work; they have been an integral reason for the Magnuson-Stevens Act’s success in rebuilding overfished stocks. Second, catch limits are a legal requirement; operating without them or ignoring them can open NOAA Fisheries to legal liability. Details regarding how managers plan to integrate ACLs—and accountability measures—into an HCR system remains to be seen.

Another glaring issue with the HCR discussions thus far concerns the public’s lack of awareness or involvement and the rushed effort to implement a brand-new management strategy as soon as next year. Follow along for a deeper dive into the HCR alternatives, how the most recent management discussions went, and what’s next.

Read the full story at the American Saltwater Guides Association

Press Release, Summaries, and Motions from Joint MAFMC and ASMFC August 9 & 10 Meeting Now Available

August 16, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

Press releases, meeting summaries and motions from the joint meeting of the Mid-Atlantic Fishery Management Council and the Commission’s ISFMP Policy Board and Management Boards for Bluefish, and Summer Flounder, Scup and Black Sea Bass (held on August 9 & 10) are now available athttp://www.asmfc.org/files/Meetings/Bluefish_SFlounderScupBSB_PolicyBoard_MAFMCMtgSummary_Aug2021.pdf

The webinar recordings from the Council’s meetings last week are available at https://www.mafmc.org/briefing/august-2021.

ASMFC & MAFMC Set Specifications for Jointly Managed Species Summer Flounder, Scup, Black Sea Bass, and Bluefish

August 16, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Management Boards for Bluefish and Summer Flounder, Scup, and Black Sea Bass met jointly with the Mid-Atlantic Fishery Management Council (Council) to adopt 2022-2023 specifications for all four species. The Boards and Council reviewed the results of the June 2021 management track stock assessments for the four species, which incorporated fishery catch and fishery-independent survey data through 2019. They also considered recommendations from the Scientific and Statistical Committee (SSC), Monitoring Committees and Advisory Panels, as well as comments from members of the public regarding the specifications for each species.

The table below summarizes commercial quotas and recreational harvest limits (RHL) for all four species (2021 values are provided for comparison purposes). No changes were made to the commercial management measures for any of the species. The Commission’s actions are final and apply to state waters (0‐3 miles from shore); the Council will forward its recommendations for federal waters (3 – 200 miles from shore) to the NOAA Fisheries Greater Atlantic Regional Fisheries Administrator for final approval.

Summer Flounder
The 2021 summer flounder management track stock assessment concluded the stock was not overfished and overfishing was not occurring in 2019. Spawning stock biomass was estimated to be about 86% of the biomass target. The 2018 year class was above average at an estimated 61 million fish, the largest estimate of recruitment since 2009, while the 2019 year class is below average at 49 million fish. Based on the SSC’s recommendation, the Board and Council approved an acceptable biological catch (ABC) of 33.12 million pounds for 2022 and 2023. After accounting for expected discards, the ABC results in a commercial quota of 15.53 million pounds and an RHL of 10.36 million pounds. These landing limits represent a 24% increase in the commercial quota and a 25% increase in the RHL from 2021 levels.

Scup

The 2021 scup management track stock assessment concluded the stock was not overfished and overfishing was not occurring in 2019. Spawning stock biomass was estimated to be about 2 times the biomass target. The assessment indicated the stock experienced very high recruitment in 2015 and below-average recruitment during 2016-2019. Based on the SSC’s recommendation, the Board and Council approved an ABC of 32.11 million pounds for 2022 and 29.67 million pounds for 2023. After accounting for expected discards, the ABCs result in a commercial quota of 20.38 million pounds and an RHL of 6.08 million pounds in 2022, and a commercial quota of 17.87 million pounds and an RHL of 5.41 million pounds in 2023. Compared to 2021 landings limits, the new limits represent a slight decrease in the commercial quota and a minor increase in the RHL in 2022. The Board and Council discussed an industry proposal to increase or eliminate the commercial possession limit during the winter I quota period and decrease the minimum size from 9 inches to 8 inches in total length. After reviewing the Monitoring Committee recommendation and input from the Advisory Panel, the Board and Council determined that changes to current commercial measures were not warranted at this time.

Black Sea Bass

The 2021 black sea bass management track stock assessment concluded the stock was not overfished and overfishing was not occurring in 2019. Spawning stock biomass was estimated to be about 2.1 times the target level in 2019 and the fishing mortality rate was 15% below the threshold level that defines an overfished condition. Based on the SSC’s recommendation, the Board and Council approved an ABC of 18.86 million pounds for 2022, which, after accounting for expected discards, results in a commercial quota of 6.47 million pounds and an RHL of 6.74 million pounds. These landings limits represent a 6% increase compared to the 2021 landing limits. The 2023 ABC was set at 16.66 million pounds, resulting in a 2023 commercial quota of 5.71 million pounds and an RHL of 5.95 million pounds.

Bluefish

The 2021 bluefish management track assessment concluded spawning stock biomass was still overfished but overfishing was not occurring in 2019. Based on the SSC’s recommendation, the Bluefish Board and Council adopted an ABC of 25.26 million pounds and 30.62 million pounds for 2022 and 2023, respectively. The 2022 ABC results in a commercial quota of 3.54 million pounds and an RHL of 13.89 million pounds, and represents a 28% increase in the commercial quota and a 67% increase in the RHL from 2021 levels. The 2023 ABC results in a commercial quota of 4.29 million pounds and an RHL of 22.14 million pounds. Historically, a portion of the total allowable landings above the expected recreational harvest have been transferred from the recreational fishery to the commercial fishery. However, because the stock is currently overfished and the recreational and commercial sectors are both anticipated to fully harvest their limits, the Bluefish Board and Council did not authorize any quota transfers.

For more information on the Commission’s actions pertaining to summer flounder, scup, and bluefish, please contact Dustin Colson Leaning, Fishery Management Plan Coordinator at dleaning@asmfc.org and contact Savannah Lewis at slewis@asmfc.org for more information pertaining to the Commission’s actions on black sea bass.

MAFMC Revises Black Sea Bass Commercial State Allocation Recommendations

August 9, 2021 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council approved a 1% increase in New York’s black sea bass commercial allocation, bringing New York’s baseline share of the coastwide quota to 8%, during a meeting last week with the Atlantic States Marine Fisheries Commission’s (Commission) Summer Flounder, Scup and Black Sea Bass Management Board (Board). This action modifies the state commercial quota allocations that had been previously approved through the Council’s Black Sea Bass Commercial State Allocation Amendment and the Commission’s Addendum XXXIII to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan (FMP).

The Amendment and Addendum, approved in February 2021, address significant changes in the distribution of black sea bass that have occurred since the original allocations were implemented in 2003. Among other things, these actions changed Connecticut’s baseline allocation from 1% to 3% of the coastwide quota to address its disproportionally low allocation compared to the increased availability of black sea bass in state waters. The Amendment and Addendum also added the state-by-state allocations to the federal FMP.

In March, New York appealed the allocation changes approved by the Board in February, arguing that its baseline quota should increase similarly to that of Connecticut as it too had experienced a significant disparity between allocation and the abundance/availability of black sea bass in Long Island Sound, which is shared by New York and Connecticut.

The Commission’s Interstate Fisheries Management Program Policy Board (Policy Board) considered the appeal in May. Finding that it was justified, the Policy Board remanded the section of Addendum XXXIII addressing baseline allocations back to the Board for corrective action to address impacts to New York’s baseline allocation in a manner comparable to the consideration given to Connecticut. Based on the Policy Board’s decision, the Board was required to increase New York’s baseline allocation by up to 2%.

The Council considered the implications of this decision during their June meeting and agreed to revisit these allocations with the Board, with the goal of maintaining the same final recommendations in the Council’s Amendment and the Commission’s Addendum.

During last week’s meeting, the Council and Board considered various potential increases in New York’s baseline quota. Both management bodies ultimately approved a 1% increase. The Council will forward its revised recommendations to NOAA Fisheries for final approval. A table containing the revised state allocations of the black sea bass commercial quota can be found below.

For more information, visit http://www.mafmc.org/actions/bsb-commercial-allocation or contact Julia Beaty, Fishery Management Specialist, jbeaty@mafmc.org, (302) 526-5250.

*These allocations represent the baseline quota plus the regional biomass distribution based on the results of the 2021 Operational Stock Assessment. These allocations will be updated if future assessments indicate a change to the biomass distribution.

New York’s Black Sea Bass Baseline Commercial Quota Increased to 8% under Addendum XXXIII

August 6, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Management Board (Board) approved a 1% increase in New York’s black sea bass commercial allocation, bringing New York’s baseline share of the coastwide quota to 8%. This action modifies the state commercial quota allocations that had been previously approved through Addendum XXXIII to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan. The final 2022 state-by-state commercial shares can be found in the table on page 2.

Addendum XXXIII, approved in February 2021, addressed significant changes in the distribution of black sea bass that have occurred since the original allocations were implemented in 2003, while also accounting for the states’ historical harvest of black sea bass. Among other things, the Addendum changed Connecticut’s baseline allocation from 1% to 3% of the coastwide quota to address its disproportionally low allocation compared to the increased availability of black sea bass in state waters of Long Island Sound (LIS). The remaining state shares (with the exception of Maine and New Hampshire) were allocated using their adjusted historical allocations (to account for the Connecticut change) as well as a portion based on the most recent regional biomass distribution information from the stock assessment.

In March, New York appealed the allocation changes approved by the Board in February. The Commission’s appeal process provides states/jurisdictions the opportunity to appeal management decisions if a state/jurisdiction finds a Board decision has not been consistent with language of an FMP, resulted in unforeseen circumstances or impacts, did not follow established processes, or was based on flawed technical information. Through its appeal, New York argued that its baseline quota should increase similarly to that of Connecticut as it too had experienced a significant disparity between allocation and the abundance/availability of black sea bass in LIS, which is shared by New York and Connecticut.

In May, the Interstate Fisheries Management Program Policy Board (Policy Board) considered the appeal and found it was justified based on New York’s arguments. This included data showing New York’s historical allocation was based largely on its ocean fishery. Since 2010, there has been an exponential increase of black sea bass in LIS. This increased availability has resulted in an expansion of New York’s commercial black sea bass landings from LIS from 24% (2004-2008) to 51% (2015-2019) of the state’s total landings.

The Policy Board remanded Section 3.1.1 of Addendum XXXIII (which only addresses baseline allocations) back to the Board for corrective action to address impacts to New York’s baseline allocation in a manner comparable to the consideration given to Connecticut. The Policy Board’s action specified the Board must increase New York’s baseline allocation by up to 2%, while maintaining Connecticut’s baseline allocation of 3%. No other aspects of these allocations, and no other alternatives in the associated Addendum, may be revised by the Board.

Based on the Policy Board’s directive, the Board considered a number of motions with various increases in New York’s baseline quota and ultimately approved a 1% increase. As a joint partner in the management of black sea bass, the Mid-Atlantic Fishery Management Council also approved the same changes to New York’s commercial quota share. The Council will forward its revised recommendations, which include adding the state-by-state shares to the federal Fishery Management Plan, to NOAA Fisheries for final approval.

For more information, please contact Toni Kerns, Fisheries Policy Director, at tkerns@asmfc.org or 703.842.0740.

Interstate fishery managers postpone action on allocations for multiple species

May 20, 2021 — Local recreational and commercial fishermen will have to wait until December to find out if interstate fisheries managers will make changes to allocations for several fish species.

During a joint webinar meeting May 8, the Mid-Atlantic Fishery Management Council and Atlantic States Marine Fisheries Commission’s summer flounder, scup and black sea bass board voted to postpone a final decision on potential changes to the allocations. The delay is intended to allow for further development of the recreational reform initiative before any decisions are made.

The council and board are now scheduled to take final action on the allocation amendment at a joint meeting in December. Summer flounder, scup and black sea bass are highly sought by commercial and recreational fishermen throughout the mid-Atlantic and southern New England regions, which includes the North Carolina coast.

The allocations for all three species are currently based on historical proportions of catch or landings. Recent changes in how recreational catch is estimated have resulted in a discrepancy between the current levels of estimated recreational harvest and the allocations to the same sector.

Read the full story at the Carteret County News-Times

ASMFC 2021 Spring Meeting Webinar Final Agenda and Materials Now Available

April 21, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

Please note there was an error in the final agenda for the ISFMP Policy Board. The correct agenda item follows.

Review and Consider New York’s Appeal of Addendum XXXIII to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (P. Keliher) Final Action

The revised agenda is available at http://www.asmfc.org/files/Meetings/2021SpringMeetingWebinar/2021SpringMtgWebinarFinalNotice_Agenda.pdf

MAFMC Advisory Panel Applications Due This Friday, April 23

April 19, 2021 — The following was released by the Mid-Atlantic Fishery Management Council:

The deadline to apply for the Mid-Atlantic Fishery Management Council’s advisory panels is this Friday, April 23. All current advisory panel members must reapply to be considered for reappointment.

Apply Here

The Council is accepting applications for the following advisory panels:

Summer Flounder, Scup, and Black Sea Bass
Mackerel, Squid, and Butterfish
Surfclam and Ocean Quahog
Tilefish
Bluefish
Ecosystem and Ocean Planning
River Herring and Shad
Dogfish (jointly managed with New England Council)
Communication and Outreach (NEW!)

How to Apply

Anyone interested in serving on an advisory panel may apply online or download an application at www.mafmc.org/advisory-panel-application. Applications can also be obtained by calling (302) 518-1143 or emailing msabo@mafmc.org.

Completed applications must be received by 5:00 p.m. on Friday, April 23, 2021.

If you have questions or need additional information, please contact Mary Sabo at (302) 518-1143, msabo@mafmc.org.

About Advisory Panels

Advisory panels provide information and recommendations to the Council during the development of fishery management plans, amendments, specifications, and other initiatives. One of the chief responsibilities of advisory panels is the development of annual Fishery Performance Reports. These reports provide the Council and SSC with information about the factors that influenced fishing effort and catch within each fishery during the previous year. Learn more about advisory panels here.

Advisory panels are composed of individuals with diverse experience and interest in Mid-Atlantic fisheries. Members include commercial fishermen, recreational anglers, for-hire operators, commercial dealers, scientists, environmentalists, and other members of the interested public. Most advisory panels meet 1-2 times per year. Members are compensated for travel and per diem expenses for all meetings. Individuals who are appointed to advisory panels serve for three-year terms.

MAFMC and ASMFC Postpone Final Action on Potential Changes to Summer Flounder, Scup, and Black Sea Bass Allocations

April 8, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

During a joint webinar meeting on Tuesday, the Mid-Atlantic Fishery Management Council (Council) and Atlantic States Marine Fisheries Commission’s (Commission) Summer Flounder, Scup, and Black Sea Bass Board (Board) voted to postpone a final decision on potential changes to the commercial and recreational allocations of summer flounder, scup, and black sea bass. This delay is intended to allow for further development of the Recreational Reform Initiative before any allocation decisions are made. The Council and Board are now scheduled to take final action on the commercial/recreational allocation amendment at a joint meeting in December 2021.

Summer flounder, scup, and black sea bass are highly sought by both commercial and recreational fishermen throughout the Mid-Atlantic and Southern New England. The commercial/recreational allocations for all three species are currently based on historical proportions of catch or landings. Recent changes in how recreational catch is estimated have resulted in a discrepancy between the current levels of estimated recreational harvest and the allocations to the recreational sector. In response to the revised data, the Council and Board initiated the amendment in 2019 to consider possible changes to the commercial and recreational allocations. This action also aligns with the Council’s policy of reviewing fishery allocations at least every 10 years.

The Council and Commission received 334 public comments from both commercial and recreational fishery participants and organizations during five virtual public hearings and a written comment period earlier this year. In general, comments from the commercial sector favored maintaining status quo allocations, and comments from the recreational sector tended to support the alternatives that would increase allocations to the recreational sector. A more detailed summary of the public comments is available here.

Much of the discussion during this week’s meeting focused on the possibility of postponing an allocation decision to allow for further development of the Recreational Reform Initiative — an approach that has been recommended by stakeholders from both sectors, as well as representatives from the NOAA Fisheries Greater Atlantic Regional Fisheries Office (GARFO). The Recreational Reform Initiative focuses on management changes to more appropriately account for uncertainty and variability in the Marine Recreational Information Program data and provide stability in the recreational bag, size, and season limits. Proponents of delaying final action have argued that a better sense of potential management changes through the Recreational Reform Initiative may inform the allocation decisions that the Council and Board are considering through this action.

After several hours of discussion, the Council and Board voted to postpone final action until December. This delay is not expected to affect the timing of any allocation changes, as GARFO has advised that implementation of the amendment would be very unlikely to occur until January 1, 2023, regardless of whether approval occurred at this meeting or in December. In the months ahead, staff may incorporate a small number of new alternatives proposed by Council and Board members that fall within the range of alternatives already analyzed within the amendment. The Council and Board are expected to discuss the need for any additional alternatives at their joint meeting in August.

Additional information and updates on this amendment are available at: http://www.mafmc.org/actions/sfsbsb-allocation-amendment.

The press release can also be found at http://www.asmfc.org/uploads/file/606f338cpr21-08_SFSBSB-Allocation-Final-Action-Postponed.pdf