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Request for Comments: Proposed Rule to Increase Catch Levels in Federal Waters and Prohibit Recreational Harvest of Spiny Lobster in the South Atlantic Using Traps

February 2, 2018 — The following was released by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries requests your comments on the proposed 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 would increase the catch limit for spiny lobster based on updated landings information and revised scientific recommendations; and prohibit the use of traps for recreational harvest of spiny lobster in federal waters off North Carolina, South Carolina, and Georgia.

Comments are due by March 4, 2018

SUMMARY OF PROPOSED CHANGES: 

  • The proposed rule would increase 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 proposed rule would make the prohibition consistent throughout the federal waters off all four states in the South Atlantic region.

HOW TO COMMENT ON THE PROPOSED RULE: 

The comment period is open from February 2, 2018, through March 4, 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.

FORMAL FEDERAL REGISTER NAME/NUMBER:
83 FR 4890, published February 2, 2018

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

  1. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0125.
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

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

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 years1991/1992 through 2015/2016).
  • The longer time period isbetter suited to capture the dynamics of the fishery that are influenced by factors beyond spiny lobster biology and harvest, such as environmental conditions.
  • The proposed increase in catch limits is based on the best scientific information available.

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

  • Use of traps to catch spiny lobster by recreational fishermen off Florida is prohibited.
  • 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.
  • 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).
  • 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 proposed rule would 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 would 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/.

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

 

SAFMC Reminder: Public Scoping Comments Solicited for Proposed Measures in Spiny Lobster Amendment 13   

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

The South Atlantic Fishery Management Council is currently soliciting public input on management measures being considered for spiny lobster in federal waters off the coast of Florida. In addition to written comments, the Council will hold two public scoping webinars to review proposed measures and solicit public input for Amendment 13 to the Spiny Lobster Fishery Management Plan for the Gulf of Mexico and South Atlantic.

Draft Amendment 13 addresses inconsistencies between State of Florida spiny lobster regulations and those in federal waters off the coast of Florida, including regulations pertaining to the bully net fishery. The Florida Fish and Wildlife Commission recently implemented new regulations for the fishery after hearing concerns from the public about the increase in participation in both the commercial and recreational bully net fishery. The fishery primarily occurs at night and involves the use of long-handled nets.

Amendment 13 includes options for an endorsement, vessel marking, and gear prohibitions for the bully net fishery, similar to those currently required in Florida state waters. The measures are expected to help management and enforcement of spiny lobster harvest by creating consistent regulations in state and federal waters. The amendment also addresses other inconsistencies in the regulatory process.

Spiny Lobster Amendment 13 Public Scoping via Webinar:
Council staff will provide an overview of measures being considered and solicit public comment on the proposed measures and any additional recommendations. Registration is required.

  • Monday, January 8th at 6:00 p.m. 
    Register
  • Tuesday, January 9th at 6:00 p.m.
    Register 

The Council is also currently accepting written comments on proposed measures. Written comments are due by 5:00 p.m. on February 9, 2018. Learn more, including a video overview of Amendment 13, a Story Map highlighting the issues, and a copy of the Amendment 13 Scoping Document, from the Council’s website at: http://safmc.net/safmc-meetings/public-hearings-scoping-meetings/. Webinar registration and information on submitting written comments is also available on the same website page.

Learn more about the SAFMC by visiting their site here.

 

California: Surprise Drop in Domoic Acid Levels in N. California Mean Fisheries Are Clear; Oregon to Retest Also

January 3, 2018 — SEAFOOD NEWS — Late Friday, before New Year’s weekend, California state agencies released welcome news: recent testing showed a commercial lobster area could be opened and an advisory lifted for sport crabbing north of the Klamath River in northern California.

State agencies have been testing for domoic acid, a naturally occurring neurotoxin, routinely in the fall and winter in anticipation of opening closed lobster areas and lifting crabbing advisory for sport fishermen or opening the commercial crab season.

On Friday, the California Department of Fish and Wildlife Director Charlton H. Bonham lifted the commercial spiny lobster fishery closure on the southeast side of Santa Cruz Island east of 119°40.000’ W. longitude, west of 119° 30.00’ W, and south of 34°00.000’ N. latitude as recommended by state health agencies, the state notice said. According to the notice from the Director of the Office of Environmental Health Hazard Assessment, sampling of spiny lobster and analysis of samples by California Department of Public Health laboratories indicates that consumption of spiny lobster taken from this area no longer poses a significant threat for domoic acid exposure, it continued.

On Oct. 24, 2017, state health agencies determined that spiny lobster in waters around Anacapa Island, Ventura County and the east end of Santa Cruz Island, Santa Barbara County had unhealthy levels of domoic acid and recommended closure of the commercial fishery in this area.

The commercial closure remains in effect in all state waters around the northeast end of Santa Cruz Island east of 119°40.000’ W. longitude, west of 119° 30.00’ W, and north of 34°00.000’ N. latitude and the south side of Anacapa Island east of 119°30.000’ W, west of 119°20.000’ W, and south of 34°00.000’ N latitude. The closures will remain in effect until state agencies determine domoic acid no longer poses a significant risk to public health.

At the same time, CDPH lifted the last remaining health advisory for Dungeness crab caught along the California Coast in sport fisheries. CDPH lifted this advisory Friday due to recent tests showing that the amount of domoic acid has declined to low or undetectable levels in Dungeness crab caught in the area, indicating that they are safe to consume. The final health advisory lifted Friday was for Dungeness crab caught north of the Klamath River mouth, Del Norte County (41°32.500’ N. lat.) to the Oregon border.

The advisory lifting for the sport fishery gives commercial crabbers in Northern California they might be able to set gear on Jan. 15.

However, the second test in a row of clear crab from Pt. St. George Reef in northern California was a surprise to Oregon fishery managers who scrambled to get vessels out to harvest crab for testing in Southern Oregon. Without two clear tests in a row of domoic acid, at least seven days apart, Oregon managers will have to work with Tri-State managers to determine when and how to allow commercial fishing in southern Oregon and northern California.

Tri-State fishery managers already have announced a Jan. 15, 2018, commercial fishery opening north of Cape Blanco, near Port Orford, Oregon.

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

 

Council Solicits Public Scoping Comments for Proposed Measures in Spiny Lobster Amendment 13

January 1, 2018 — The following was released by the South Atlantic Fishery Management Council:

The South Atlantic Fishery Management Council is currently soliciting public input on management measures being considered for spiny lobster in federal waters off the coast of Florida. In addition to written comments, the Council will hold two public scoping webinars to review proposed measures and solicit public input for Amendment 13 to the Spiny Lobster Fishery Management Plan for the Gulf of Mexico and South Atlantic.

Draft Amendment 13 addresses inconsistencies between State of Florida spiny lobster regulations and those in federal waters off the coast of Florida, including regulations pertaining to the bully net fishery. The Florida Fish and Wildlife Commission recently implemented new regulations for the fishery after hearing concerns from the public about the increase in participation in both the commercial and recreational bully net fishery. The fishery primarily occurs at night and involves the use of long-handled nets.

Amendment 13 includes options for an endorsement, vessel marking, and gear prohibitions for the bully net fishery, similar to those currently required in Florida state waters. The measures are expected to help management and enforcement of spiny lobster harvest by creating consistent regulations in state and federal waters. The amendment also addresses other inconsistencies in the regulatory process.

  • View the Spiny Lobster Amendment 13 Video Overview by clicking here.
  • Submit Written Comments. The Council is currently accepting written comments on proposed measures until 5:00 p.m. on February 9, 2018.
  • Mark your calendar for scoping webinars (see below).

Spiny Lobster Amendment 13 Public Scoping via Webinar:
Council staff will provide an overview of measures being considered and solicit public comment on the proposed measures and any additional recommendations. Registration is required.

  • Monday, January 8th at 6:00 p.m. 
    Register
  • Tuesday, January 9th at 6:00 p.m.
    Register 

Learn more about the SAFMC by visiting their site here.

 

Caribbean fishers count the cost in wake of Irma

September 27, 2017 — Several Caribbean island nations unfortunate enough to find themselves in the path of Hurricane Irma in early September are now assessing the vast toll the storm took on their economies, with Antigua and Barbuda, the Bahamas, and the Turks and Caicos reporting severe damage to their fishing industries.

The hurricane is estimated to have cost the Caribbean more than EUR 8.4 billion (USD10 billion) in damage overall, along with dozens of lives.

Barbuda recorded the first three fatalities of Hurricane Irma, including a two-year-old boy. The island also suffered most severely in regard to its fishing fleet, with at least 44 percent of its fishing vessels suffering serious damage when the hurricane made landfall on the island on 6 September. Of those vessels, only about 10 percent were insured, according to information shared with SeafoodSource by Antigua and Barbuda Senior Fisheries Officer Ian Horsford. He cited a 2005 survey that indicated just 9.6 percent of Barbuda’s fishing vessels were insured up to then.

Prior to Hurricane Irma, which resulted in the total evacuation of this island’s inhabitants to neighboring Antigua, there were 96 active fishers operating there on 54 vessels – mainly modern fibreglass pirogues powered by outboard engines, most of which were less than 10 meters long.

Horsford estimated 26 percent of Barbuda’s population of 1,600 were dependent on the fishing industry for a living, including dependants of the fishermen. The fishing industry on that island targets mainly spiny lobster and conch, with production of lobster over the past five years ranging from 12 to 35 metric tons and bringing in revenue to the island ranging from approximately EUR 125,000 to 312,000 (USD USD148,000 to 370,000).

Read the full story at Seafood Source

FLORIDA: Trap fishermen industry suffers record loses from Irma

September 20, 2017 — Conch Key commercial fisherman Gary Nichols scoured the Atlantic Ocean for seven hours on Monday and only found 15 of his 5,000 spiny lobster traps.

Fellow Conch Key fishermen Jeff Kramer was only able to locate a handful of his 2,000 traps he had placed in the Atlantic. Both are hoping that ones in the Gulf of Mexico fared better.

Nichols’ daughter Kelly Cordova Nichols was able to locate 160 of the family’s 1,500 traps in the bay.

Nichols and his daughter are also working with two boats that were damaged by Hurricane Irma and are “not properly operating.”

“I feel a little bit defeated,” Nichols said. “It’s hard to keep focused and have a firm belief in God and happiness right now. … We are just spinning our wheels out here right now. Everything in 100 feet of water is just destroyed. This was the storm of the century for us.”

Read the full story at KeysNews.com

Spiny Lobster Public Hearing Scheduled via Webinar – May 9, 2017

April 28, 2017 — The following was released by the South Atlantic Fishery Management Council: 

The spiny lobster fishery managed in federal waters from North Carolina to Texas by both the South Atlantic Fishery Management Council and the Gulf of Mexico Fishery Management Council.  The South Atlantic Council will hold a public hearing via webinar on management measures proposed in Regulatory Amendment 4 to the Spiny Lobster Fishery Management Plan. Proposed actions would:

  • Modify the Maximum Sustainable Yield, Acceptable Biological Catch, Annual Catch Limit and other parameters for spiny lobster.
  • Extend the prohibition on use of recreational spiny lobster traps in federal waters off the coasts of Georgia, South Carolina, and North Carolina (they are currently prohibited in both state and federal waters off the coast of Florida).

Council staff will provide an overveiw of the regulatory amendment beginning at 6:00 PM, answer questions, and then take formal public comment. Written comments are also being solicited and must be received by May 19, 2017.   

Presentations, public hearing documents, and information on how to register for the webinar and submit public comments are now available from the Council’s website. 

Read more here

Why It’s Harder Than You’d Think to Serve Local Seafood in California

November 1, 2016 — In a nation where 90 percent of the seafood consumed is imported from foreign countries, Mitch’s Seafood in San Diego is rarity. The menu is mostly made up of a fish from local fishermen and, with the exception of clams and mussels, everything is wild-caught.

“We get as much from Southern California as we can; and then being right here on the border and having a personal experience with Baja California, I consider [fish from there] local, too,” Mitch Conniff, the owner, says.

On an October evening, the menu might feature big eye tuna, calamari, halibut, swordfish, and cabrilla from San Diego. Conniff usually sources from half a dozen fishermen in San Diego, many of whom are his close friends and relatives. White shrimp comes from Mazatlan in Mexico and gold spot bass hails from San Carlos in California. Spiny lobster caught in California—95 percent of which is typically exported to China—is on the menu as well.

It’s a diverse catch that is surprisingly affordable, considering how the prices of certain species of local California seafood have been made insanely expensive because of Chinese demand.

Last year, the California spiny lobster retailed close to $30 a pound. That is an astronomical figure compared to the retail price of Maine lobster, which was around $9 a pound for wholesale. Maine lobster accounts for 90 percent of the United States lobster market.

Read the full story at VICE

West Coast groups unite to fight offshore monuments that prohibit commercial fishing

July 7, 2016 — The following was released by the National Coalition for Fishing Communities:

A collection of more than 40 West Coast commercial and recreational fishing groups, working in conjunction with the National Coalition for Fishing Communities, has written to the White House, the Secretaries of Commerce and Interior, and officials in the National Oceanic and Atmospheric Administration, opposing the proposed designation of marine monuments off the coast of California that prohibit commercial fishing.

The letter is in direct response to a recent proposal calling on President Obama to declare virtually all Pacific seamounts, ridges, and banks (SRB’s) off the California coast as National Monuments using his executive authority under the Antiquities Act. If enacted by executive order, the new monuments would permanently close virtually all of California’s offshore SRB’s to commercial fishing.

“[This proposal] was drafted and advanced behind closed doors with no public peer-reviewed scientific analysis, no [National Environmental Policy Act] analysis, and virtually no public engagement,” the letter to the White House states. “The initial justification for this proposed action is filled with sensational, inaccurate statements and omissions. The economic analysis for the proposed closures grossly understates the importance and value of the identified [SRB’s] to fisheries and fishing communities.”

“Fisheries provide healthy food for people, and our fisheries are a well-managed renewable resource,” the letter continues, noting that California already has the most strictly managed fisheries in the world.

Among the areas proposed for monument status are Tanner and Cortes Banks in southern California, which are critically important for many fisheries including tuna, swordfish, rockfish, spiny lobster, sea urchin, white seabass, mackerel, bonito, and market squid.

The proposal also called for the closures of Gorda and Mendocino Ridges in northern California, which are important grounds for the albacore tuna fishery.

As the letter states, closure of these important areas to commercial fishing would cause disastrous economic impacts to fishermen, seafood processors and allied businesses, fishing communities and the West Coast fishing economy.  Even more important than the value of the fisheries is the opportunity cost of losing these productive fishing grounds forever.

Unilateral action under the Antiquities Act would also contradict the fully public and transparent process that currently exists under the federal Magnuson-Stevens Act. Such a designation would also conflict with the President’s own National Ocean Policy Plan, which promises “robust stakeholder engagement and public participation” in decision-making on ocean policy.

“We ask you stop the creation of these California offshore monuments under the Antiquities Act because monument status is irreversible, and the Antiquities Act process involves no science, no public involvement nor outreach to the parties who will be most affected by this unilateral action – no transparency,” the letter concludes.

Read the full letter here

About the NCFC 
The National Coalition for Fishing Communities provides a national voice and a consistent, reliable presence for fisheries in the nation’s capital and in national media. Comprised of fishing organizations, associations, and businesses from around the country, the NCFC helps ensure sound fisheries policies by integrating community needs with conservation values, leading with the best science, and connecting coalition members to issues and events of importance.

Spiny lobster and squid lead California’s fishing economy, says new report

May 27, 2016 — While California’s seafood sales overwhelmingly relied on imported animals, commercial fisheries landed nearly 360 million pounds of fin- and shellfish in 2014, according to a federal report released Thursday with the most recent figures on the nation’s fishing economy.

The state’s seafood industry, including imports, generated a whopping $23 billion — more than 10 percent of the nation’s $214 billion total sales in 2014 from commercial harvest, seafood processors and dealers, wholesalers and distributors, and importers and retailers.

As such, most of California’s nearly 144,000 industry jobs came from the import and retail sectors, according to NOAA’s National Marine Fisheries Service Fisheries Economics of the U.S. 2014 report. Nationally, 1.83 million jobs are supported by the fishing industry.

California shellfish were the most lucrative product in the state’s home-grown seafood market, with crabs and spiny lobsters native to Southern California getting the most money per pound of all the species fished, at $3.37 and $19.16 per pound, respectively.

But market squid were overwhelmingly the most commonly landed species, with 227 million pounds caught.

“In California, shellfish have always been more important, at least in terms of value,” said Diane Pleschner-Steele, executive director of the California Wetfish Producers Association. “This includes squid and Dungeness crab — usually the top two fisheries in value, and spiny lobster, which was an $18 million fishery in 2015.”

California fishers relied heavily on healthy market squid stocks in 2014 but, as El Niño weather conditions entered the following year, squid landings dropped significantly, Pleschner-Steele said.

“We’re now just starting to see squid landings, but at low volumes,” she said.

Read the full story at the Long Beach Press-Telegram

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