CLF and Earthjustice overestimated the environmental impact of NOAA's new rules for groundfish in a May 31 joint press release announcing their lawsuits against the agency.
WASHINGTON (Saving Seafood) June 27, 2013 — The Conservation Law Foundation (CLF) and Earthjustice overestimated the environmental impact of NOAA's new rules for groundfish in a May 31 joint press release announcing their lawsuits against the agency. Both the release and the lawsuits are based on faulty interpretations of these measures, which allow struggling New England fishermen access to areas previously closed to the groundfishery.
The press release misstates important facts about groundfish, starting with a quote from CLF's Senior Counsel, Peter Shelley: "cod are in the worst condition ever in the history of New England fishing and probably getting worse." But, while both Georges Bank and Gulf of Maine cod stocks are certainly in the middle of a rebuilding process, neither faces historic lows.
According to population estimates in NOAA's 55th Northeast Regional Stock Assessment Workshop (SAW) published in January of this year, the 2011 spawning stock biomass for Gulf of Maine cod was 9,900 metric tons. That's an increase in abundance since the 1990s, when biomass was 6,300 metric tons. The same findings placed Georges Bank cod biomass at approximately 13,200 metric tons, confirming that the stock has increased since the mid-2000s, when biomass was 10,100 metric tons. While there is cause for concern about the current state of cod populations, neither stock is in its "worst condition."
In their lawsuits, CLF and Earthjustice allege that allowing limited access to these closed areas will imperil important habitats, which unfortunately ignores the relevant facts. None of the areas subject to limited access are designated as "essential fish habitat," but are instead composed mostly of sand and gravel. They provide little overall value for fish, and recover quickly from the effects of trawling.
Importantly, habitats that are considered "essential" will not be affected by the plan. NOAA Northeast Regional Administrator John Bullard has already clarified that access to areas like important underwater mountains and kelp forests in Cashes Ledge "probably won't be viable," and declared that other environmentally important regions, specifically "areas defined as essential to protect fish spawning, feeding, and breeding" will also be off limits.
NOAA maintains ultimate control over where and how these areas will actually be accessed, and they aren't taking that responsibility lightly. Any boats wishing to enter the closed areas must first apply for access with NOAA, and face a rigorous assessment of any potential environmental affects stemming from their entry. As they've made very clear, they won't be letting just anyone in, and every instance of entry will face strict standards of regulation to mitigate any potential environmental impacts.
Ultimately, these rule changes won't have the monumental environmental impacts that CLF and Earthjustice contend. Regulators and fishermen alike have an obvious interest in maintaining a viable fishery, and that includes protecting and preserving areas necessary to maintain that crucial resource. Contrary to the claims of these lawsuits and the surrounding swarm of self-generated publicity, the impacts that lie ahead are positive.
These modifications will provide a small measure of much needed relief for an industry struggling to survive under strict new catch limits.
LINKS
Read the joint press release in Cape Cod Today
Saving Seafood recently evaluated several false or unfounded claims in the Conservation Law Foundation's first lawsuit against NOAA Fisheries:
Conservation Law Foundation & Earthjustice Make Unfounded Claims in Lawsuit Filing
For More Information:
Saving Seafood has also conducted extensive analysis on the debate surrounding areas closed to fishing in New England.
CLF Incorrectly Accuses NOAA of "Risky" Fisheries Management
Conservation Law Foundation continues to voice discontent over Framework 48
BIBLIOGRAPHY
NOAA Fisheries Northeast Regional Office "Northeast (NE) Multispecies Information Sheet Closed Area Regulations."
NOAA Fisheries Northeast Regional Science Center "55th Northeast Regional Stock Assessment Workshop: Assessment Summary Report." January 2013
NOAA Fisheries Unallied Science Project, Cooperative Agreement, "Bottom Net Trawl Fishing Gear Effect on the Seabed: Investigation of Temporal and Cumulative Effects." December 2005