Saving Seafood

NOAA Fisheries Announces New Modifications to Gear Requirements and Commercial Management Measures for the Gulf of Mexico and the South Atlantic Spiny Lobster Fishery

July 29, 2019 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGES:

These requirements are for federal waters off Florida and address bully net gear requirements, commercial daily possession limits when using bully nets or diving for the harvest of spiny lobster, and the soak period for spiny lobster traps.

WHEN RULE WILL TAKE EFFECT:

Regulations for commercial trap soak period are effective July 26, 2019. For the 2019/2020 fishing season, commercial spiny lobster traps may be baited and placed in Federal waters beginning Saturday, July 27, 2019.
Regulations for the rest of the rule will be effective August 30, 2019.

SUMMARY OF CHANGES:

  • Spiny lobster commercial harvesters using bully net gear:
    • must have a bully net permit from Florida,
    • must mark buoys with the harvester’s Florida bully net permit number using reflective paint or other reflective material,
    • are prohibited from having trap pullers onboard,
    • are prohibited from the simultaneous possession of a bully net and any underwater breathing apparatus (not including dive masks or snorkels) onboard a vessel used to harvest or transport spiny lobster for commercial purposes.
  • Commercial spiny lobster daily vessel harvest and possession limits:
    • 250 per day/vessel for spiny lobsters harvested by bully net in or from all federal waters off Florida,
    • 250 per day/vessel for spiny lobsters harvested by diving in or from federal waters only off Broward, Dade, Monroe, Collier, and Lee Counties, Florida.
  • Existing language in spiny lobster federal regulations that incorporates Florida regulations by reference has been updated, which includes a new commercial trap soak start time.
    • Commercial spiny lobster traps may be baited and placed in the water beginning on the Saturday immediately following the recreational mini season.

FORMAL FEDERAL REGISTER NAME/NUMBER: FR 2019-16265, will publish on July 31, 2019.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

Florida Targets ‘Criminal Conspiracy’ In Spiny Lobster Fishery

March 21, 2019 — State wildlife investigators announced Tuesday that they’ve wrapped up a two-year investigation targeting what they say is a criminal conspiracy in the spiny lobster fishing industry.

Lobster is Florida’s most valuable commercial fishery, with landings usually worth more than $40 million a year.

Investigators went undercover and conducted surveillance in what they called “Operation Thimblerig.” Thimblerig is another term for shell game.

Three people face felony charges including racketeering, fraud and identity theft.

Investigators say the primary suspect is Elena Reyes, 67, owner and operator of Florida Marine Fisheries Consultant, a business with an address in Palmetto Bay.

She’s accused of cheating the state out of about $200,000 by underreporting the sale price of trap tag transfers. Every commercial lobster trap in Florida is required to have a tag from the state and the number of those tags is limited, making them valuable.

When the tags are sold, the state gets a surcharge, so by underreporting the sale price, Reyes created a “considerable deficit” in the amount the state was owed, according to the FWC.

Investigators say she also stole personal information from about 60 people who hold commercial fishing licenses. That information was used to get a restricted species endorsement for people who would not otherwise have qualified. A restricted species endorsement is special permission from the state required to fish for certain kinds of fish, including spiny lobster.

Read the full story at WLRN

China still buying spiny lobsters from US, driving up price to harvesters

September 26, 2018 — The price being paid to spiny lobster harvesters in the US’ Florida Keys is slowly increasing despite the 25% tariffs that took effect in China — their biggest market — in early July, The Key West Citizen reports.

Harvesters were getting $5 a pound in August but have been receiving as much as $9/lb in recent weeks, according to the newspaper.

The article quotes lobster fisherman Gary Nichols as saying the trade war with China is a big issue for spiny lobster harvesters, as 90% of their catch goes to Asia.

Read the full story at Undercurrent News

 

South Atlantic Fishery Management Council Meeting September 16-21, 2018

September 4, 2018 — The following was released by the South Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council will meet in September to address federal fishery management measures affecting offshore fisheries including snapper grouper, king and Spanish mackerel, spiny lobster, and habitat protection and ecosystem-based management. The meeting is open to the public unless otherwise specified, and public comment is now being accepted on agenda items.

Agendas, Overviews, and Briefing Materials:
The agenda for the week long meeting as well as individual committee agendas and helpful overviews are available from the Council meeting website. Documents, summaries, presentations, and other briefing materials for the meeting are also available.

Attend the Meeting via Webinar:
The meeting may be accessed via webinar each day as it occurs. Registration for each day is required. Register now and receive email reminders for the upcoming sessions.
– Monday, September 17 2:30 pm – 5 pm
– Tuesday, September 18 8:30 am – 5 pm
– Wednesday, September 19 8:30 am – 6 pm
– Thursday, September 20 8:30 am – 5 pm
– Friday, September 21 8:30 am – 12:00 pm

Public Comment:
Comments on agenda items may be submitted using the online comment form. The form allows Council members immediate access to all comments and gives others the opportunity to read comments as they are posted. The Council will also solicit public comment during the meeting beginning at 4:00 PM on Wednesday, September 19, 2018.

Agenda Highlights:
Final Approval: The Council is scheduled to approve four amendments for review by the Secretary of Commerce during the meeting. The amendments address vermilion snapper and black sea bass fishing levels, commercial king mackerel trip limits, use of bully nets in the spiny lobster fishery, and commercial measures as outlined in the Council’s Vision Blueprint for the Snapper Grouper Fishery.

Species Migration Northward
Representatives from the New England Fishery Management Council and the Mid-Atlantic Council will come together during the Habitat Protection and Ecosystem-Based Management Committee meeting to discuss changes in migratory patterns being observed as ocean temperatures continue to warm and other environmental changes occur.

Additional agenda highlights are available online. Access all of the meeting information, submit comments, and listen live as the meeting occurs.

Agendas, Overviews, and Briefing Materials:
The agenda for the week long meeting as well as individual committee agendas and helpful overviews are available from the Council meeting website. Documents, summaries, presentations, and other briefing materials for the meeting are also available.

Attend the Meeting via Webinar:
The meeting may be accessed via webinar each day as it occurs. Registration for each day is required. Register now and receive email reminders for the upcoming sessions.
– Monday, September 17 2:30 pm – 5 pm
– Tuesday, September 18 8:30 am – 5 pm
– Wednesday, September 19 8:30 am – 6 pm
– Thursday, September 20 8:30 am – 5 pm
– Friday, September 21 8:30 am – 12:00 pm

Public Comment:
Comments on agenda items may be submitted using the online comment form. The form allows Council members immediate access to all comments and gives others the opportunity to read comments as they are posted. The Council will also solicit public comment during the meeting beginning at 4:00 PM on Wednesday, September 19, 2018.

Agenda Highlights:
Final Approval: The Council is scheduled to approve four amendments for review by the Secretary of Commerce during the meeting. The amendments address vermilion snapper and black sea bass fishing levels, commercial king mackerel trip limits, use of bully nets in the spiny lobster fishery, and commercial measures as outlined in the Council’s Vision Blueprint for the Snapper Grouper Fishery.

Species Migration Northward
Representatives from the New England Fishery Management Council and the Mid-Atlantic Council will come together during the Habitat Protection and Ecosystem-Based Management Committee meeting to discuss changes in migratory patterns being observed as ocean temperatures continue to warm and other environmental changes occur.

Additional agenda highlights are available online. Access all of the meeting information, submit comments, and listen live as the meeting occurs.

FLORIDA: ‘It’s Going To Be A Rough Year’: Key Largo Fishermen Feel Effects Of Chinese Lobster Tariffs

August 22, 2018 — At 6 a.m. on a recent Thursday morning, Ernie Piton and his son dragged wooden lobster traps across their dock in Key Largo. They stabbed sharp wires through ripe, glossy fish heads, preparing for the grind of baiting and checking Florida spiny lobster traps. As the fishermen turned the key, rumbling their boat to life, they hoped for a good haul.

Lobster fishing is grueling work, with long hours spent reeling in nearly 300 lobster traps each day. But it’s been the family’s livelihood for 35 years.

Piton sells lobster and stone crab through his family-run operation, Risky Business II. His 21-year-old son, Travis, also depends on this lobster boat for his full-time job.

For the last decade, the Pitons have sold almost exclusively to the Chinese market. During three of those years, they’ve sold lobster through a third-party buyer that works out of Miami, Ocean Dragon Seafood. But since June, the Trump Administration’s trade war with China has threatened their livelihood and that of many Florida fishermen. That comes as many are still recovering from losses during the 2017 hurricane season.

Read the full story at WJCT

Bahamas’ spiny lobster fishery achieves region’s first MSC certification

August 14, 2018 — The Bahamas spiny lobster on 7 August became the first Caribbean fishery to receive Marine Council Stewardship certification, placing it among an elite group of just 8 percent of developing countries’ fisheries to be certified.

The MSC label is given to wild-caught seafood that has been certified as sustainable according to the MSC’s scientific standards. The fishery’s certification was awarded by the accredited third-party assessment body Control Union Pesca Ltd., following a detailed 19-month assessment.

“With the certification, the lobster tails are now eligible to carry the internationally recognized MSC blue fish label, which makes it easy for consumers to know that they’re choosing seafood that is as good for the ocean as it is for them,” the MSC said.

Mia Isaac, the president of the Bahamas Marine Exporters Association, said the certification “is a proud accomplishment”

“We eagerly accept the MSC stamp of approval. It’s been a collaborative effort and we are thankful to all the stakeholders, especially the fishermen,” Isaac said. “As we continually improve our spiny lobster fishery, we aim for product of The Bahamas to become synonymous with strength, collaboration and sustainability.”

Read the full story at Seafood Source

Trade war with China may take a new victim: South Florida lobster fishermen

July 6, 2018 — First Irma, now a trade war.

Less than a year after Hurricane Irma tore through the Florida Keys, lobster fishermen are facing another hit from the trade war with China.

Tariffs set to take effect Friday threaten to bump up prices by 25 percent — an increase that could cool demand in the lucrative Chinese market, say experts.

“This is a major impact on our fishery,” said Jeff Cramer, who fishes out of Conch Key. “And just a year after we got wiped out by the worst hurricane we’ve had in recent memory.”

Before the Chinese market picked up a decade ago, the going rate for a pound of lobster was $3. Today, fishermen can get between $10 to $20 per pound from Chinese buyers, and commercial fishermen like Cramer now send up to 75 percent of their Florida spiny lobsters to China.

“The Chinese market saved the fisherman’s ass,” said Cramer.

But with the boom came a dependence: Cramer’s Chinese buyers say that retailers have no appetite for absorbing the cost of the tariff, meaning he likely will need to lower his prices or risk losing his biggest buyers when the lobster commercial fishing season opens Aug. 6.

When possible, businesses incorporate tariff costs into consumer prices. For example, steel, lumber and aluminum tariffs imposed by the Trump administration in the past year have pushed up building costs, affecting home prices as well. But margins in the lobster trade are already slim, and Cramer worries that competition from Australia and Brazil will toss Florida out of the market if prices go up.

Spiny Lobster Catch Levels Increased, Rec Traps Prohibited in South Atlantic

June 27, 2018 — NOAA Fisheries announces a final rule for Regulatory Amendment 4 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and the South Atlantic (Regulatory Amendment 4). Regulatory Amendment 4 increases the catch limit for spiny lobster based on updated landings information and revised scientific recommendations; and prohibits the use of traps for recreational harvest of spiny lobster in federal waters off North Carolina, South Carolina, and Georgia.

WHEN RULE WILL TAKE EFFECT:

Regulations will be effective at 12:01 a.m., local time, on July 23, 2018.

WHAT THIS MEANS:

  • The final rule increases the catch limit for spiny lobster from 7.3 million pounds to 9.6 million pounds.
  • Currently, recreational harvest of spiny lobster using traps is prohibited in federal waters off Florida, but is allowed in federal waters off North Carolina, South Carolina, and Georgia. The final rule makes the prohibition consistent throughout the federal waters off all four states in the South Atlantic region.

FORMAL FEDERAL REGISTER NAME/NUMBER: 83 FR 29044, published June 22, 2018

FREQUENTLY ASKED QUESTIONS (FAQs)

Why increase the catch limits for spiny lobster?

  • Current catch limits for spiny lobster are based on landings from fishing years 2000/2001 through 2009/2010.  This time period included years where landings were historically low.
  • The Gulf of Mexico and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees recommended specifying catch limits for spiny lobster using a longer time series of spiny lobster landings (fishing years 1991/1992 through 2015/2016).
  • The longer time period is better suited to capture the dynamics of the fishery that are influenced by factors beyond spiny lobster biology and harvest, such as environmental conditions.
  • The increase in catch limits is based on the best scientific information available.

Why prohibit recreational harvest of spiny lobster using traps in federal waters off North Carolina, South Carolina, and Georgia?

  • Use of traps to catch spiny lobster by recreational fishermen off Florida is prohibited.
  • The South Atlantic Fishery Management Council is concerned that recreational use of trap gear may become more popular and result in potential negative impacts on essential fish habitat and result in an increase in the use of vertical lines that may interact with protected species (entanglement issues).
  • Trap gear also has the potential to “ghost” fish (trap continues to fish after it is lost).
  • To date, the public has expressed little interest in using traps for the recreational harvest of spiny lobster off North Carolina, South Carolina, and Georgia.  This may be due to a daily bag or possession limit for spiny lobster from federal waters other than Florida, of two per person for commercial and recreational fishing, year-round.
  • Because spiny lobsters are larger in size in federal waters off Georgia, South Carolina, and North Carolina than off Florida, current trap configuration may not be efficient in capturing spiny lobster.  Recreational traps used off Georgia, South Carolina, and North Carolina may require larger entrances which could result in greater bycatch of fish, crabs, and other invertebrates.
  • The final rule will make the trap prohibition for recreational fishermen consistent throughout the federal waters off all four states in the South Atlantic region.
  • Consistent regulations regarding this prohibition will aid law enforcement and avoid confusion among the fishers.

Read the full story at The Fishing Wire

Final Rule to Increase Spiny Lobster Catch Levels in Federal Waters and Prohibit Recreational Harvest in the South Atlantic Using Traps

June 25, 2018 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries announces a final rule for Regulatory Amendment 4 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and the South Atlantic (Regulatory Amendment 4). Regulatory Amendment 4 increases the catch limit for spiny lobster based on updated landings information and revised scientific recommendations; and prohibits the use of traps for recreational harvest of spiny lobster in federal waters off North Carolina, South Carolina, and Georgia.

WHEN RULE WILL TAKE EFFECT:

Regulations will be effective at 12:01 a.m., local time, on July 23, 2018.

WHAT THIS MEANS:

The final rule increases the catch limit for spiny lobster from 7.3 million pounds to 9.6 million pounds. Currently, recreational harvest of spiny lobster using traps is prohibited in federal waters off Florida, but is allowed in federal waters off North Carolina, South Carolina, and Georgia. The final rule makes the prohibition consistent throughout the federal waters off all four states in the South Atlantic region.

FORMAL FEDERAL REGISTER NAME/NUMBER: 83 FR 29044, published June 22, 2018

FREQUENTLY ASKED QUESTIONS (FAQs)

Why increase the catch limits for spiny lobster?

  • Current catch limits for spiny lobster are based on landings from fishing years 2000/2001 through 2009/2010. This time period included years where landings were historically low.
  • The Gulf of Mexico and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees recommended specifying catch limits for spiny lobster using a longer time series of spiny lobster landings (fishing years 1991/1992 through 2015/2016).
  • The longer time period is better suited to capture the dynamics of the fishery that are influenced by factors beyond spiny lobster biology and harvest, such as environmental conditions.
  • The increase in catch limits is based on the best scientific information available.

Why prohibit recreational harvest of spiny lobster using traps in federal waters off North Carolina, South Carolina, and Georgia?

  • Use of traps to catch spiny lobster by recreational fishermen off Florida is prohibited.
  • The South Atlantic Fishery Management Council is concerned that recreational use of trap gear may become more popular and result in potential negative impacts on essential fish habitat and result in an increase in the use of vertical lines that may interact with protected species (entanglement issues).
  • Trap gear also has the potential to “ghost” fish (trap continues to fish after it is lost).
  • To date, the public has expressed little interest in using traps for the recreational harvest of spiny lobster off North Carolina, South Carolina, and Georgia. This may be due to a daily bag or possession limit for spiny lobster from federal waters other than Florida, of two per person for commercial and recreational fishing, year-round.
  • Because spiny lobsters are larger in size in federal waters off Georgia, South Carolina, and North Carolina than off Florida, current trap configuration may not be efficient in capturing spiny lobster. Recreational traps used off Georgia, South Carolina, and North Carolina may require larger entrances which could result in greater bycatch of fish, crabs, and other invertebrates.
  • The final rule will make the trap prohibition for recreational fishermen consistent throughout the federal waters off all four states in the South Atlantic region.
  • Consistent regulations regarding this prohibition will aid law enforcement and avoid confusion among the fishers.

Where can I find more information on Regulatory Amendment 4?

Contact NOAA Fisheries, Southeast Regional Office.

  • By Mail: Nikhil Mehta, 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

Regulatory 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/spiny_lobster/A4_lobster_acl/a4_lobster_acl_index.html

Additional information on management of spiny lobster in the South Atlantic may be found at: http://safmc.net/fishery-management-plans-amendments/spiny-lobster-2/

NOAA Fisheries Seeks Comments for an Application for an Exempted Fishing Permit to Test Trap Targeting of Lionfish in the Gulf of Mexico and South Atlantic Federal Waters

March 16, 2018 — The following was release by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries is accepting comments on an application for an exempted fishing permit (EFP) from Salty Bones Fisheries. The applicant proposes to test various spiny lobster traps and a fish aggregation device based, non-containment purse trap to harvest lionfish from in Gulf of Mexico (Gulf) and South Atlantic federal waters. Sampling is proposed to occur during the spiny lobster closed season (April 1 through July 31). This study intends to examine the efficiency and effectiveness of the various trap designs for targeting lionfish while limiting bycatch, and adverse effects to protected species and habitat. The research would also derive biological life history information to improve lionfish control. In addition, the project would provide information on potential ecological and economic benefits of a lionfish fishery. These results provide the opportunity to gain industry support and provide management information on the use of traps as a viable lionfish harvest gear in the Gulf and South Atlantic. Only lionfish would be harvested under this EFP.

HOW TO COMMENT ON THE APPLICATIONS:
The comment period is open now through April 2, 2018. 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.

Application information: 

http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/LOA_and_EFP/index.html

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

  1. Go to  https://www.regulations.gov/docket?D=NOAA-NMFS-2018-0013 
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Kelli O’Donnell, NOAA Fisheries, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.

Program Concepts

  • Sampling would occur in two regions off the lower Florida Keys in the Gulf and South Atlantic, up to four times per month in each region during the Florida spiny lobster closed season, April 1 through July 31.
  • Spiny lobster trap designs would include all wire traps, in addition to wood and wire traps.  In year 1 and 2 1,000 of each design in the Gulf and 500 of each design in the South Atlantic, would be deployed for a total of up to 3,000 total traps. All traps would have modified funnel dimensions and would be deployed at depths from 65-300 ft.
  • Vessels would also deploy up to 15 purse traps in year 1 (all 15 could be fished in Gulf or South Atlantic or the 15 could be divided between the two regions) and up to 120 total in year 2 (80 in Gulf and 40 in South Atlantic). All traps would be deployed at depths from 65-300 ft.
  • Data to be collected per trip would include: gear configuration and fishing effort data (e.g., date and time of deployment and retrieval, latitude, longitude, and water depth of each deployed trawl, bait type used); soak time per area for each trawl; alternative weight and trawl configurations used in different sea states and conditions; trap loss and movement from original set position; protected species interactions; bycatch species, amount, and disposition; and lionfish catch data for each trap type.
  • Only lionfish would be harvested.

NOAA Fisheries finds this application warrants further consideration, and is seeking public comment on the application. A final decision on issuance of the EFP will depend on NOAA Fisheries’ review of public comments received, the Gulf of Mexico Fishery Management Council’s and the South Atlantic Fishery Management Council’s recommendations, consultations with the affected states, and the U.S. Coast Guard, as well as a determination that it is consistent with all applicable laws.

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.