Council Actions

August 5, 2013 — The following was released by the Mid-Atlantic Fishery Management Council:

Public Listening Session: Offshore Wind Power and Mid-Atlantic Fisheries
Guest Speaker: Dr. Jeremy Firestone
University of Delaware Professor of Marine Policy and Legal Studies

Mid-Atlantic Fishery Management Council Meeting (view full agenda)
Tuesday August 13, 2013 – 5:00 pm to 6:00 pm
Double Tree by Hilton Wilmington, 4727 Concord Pike, Wilmington, DE 19803
And via the internet here

The topic of the Council’s next public listening session will be Offshore Wind Power and Mid-Atlantic Fisheries. Guest speaker at the listening session will be Dr. Jeremy Firestone, Professor of Marine Policy and Legal Studies at the University of Delaware. Dr. Firestone’s current research focuses on the public preferences, economic costs, and legal frameworks associated with wind power development. During the listening session, Dr. Firestone will discuss recent developments in wind power siting and construction and how they may affect fisheries and fishing communities in the mid-Atlantic region.

The University of Delaware is a leader in ocean wind research through their Center for Carbon-free Power Integration. Their wind research efforts have included preliminary analysis of potential conflicts between ocean wind power development and commercial and recreational fishing.

Background
Interest in the mid-Atlantic for offshore wind energy development has progressed steadily since late 2010 when Secretary of the Interior Ken Salazar launched a ‘Smart from the Start’ wind energy initiative to facilitate siting, leasing, and construction of new projects on the Atlantic Outer Continental Shelf. A major milestone in this effort occurred last week when the Bureau of Ocean Energy Management (BOEM) auctioned two leases for an area of nearly 165,000 acres off the coast of Rhode Island and Massachusetts during the nation’s first-ever competitive lease sale for renewable energy in federal waters. A second lease sale for an area off the coast of Virginia is scheduled for September 4.­

While offshore wind development holds the potential to create jobs and produce a cleaner and more sustainable energy supply, it could also have adverse impacts on commercial and recreational fisheries and other marine user groups. The Council is working to enhance communication with BOEM and other state and regional agencies involved in planning and leasing decisions and the fishing community.

About Listening Sessions
Listening sessions are held during each Council meeting as an open and informal opportunity for the public to interact with Council members and leadership, as well as with experts in a range of relevant fields. Most listening sessions focus on a specific topic of current interest. Listening sessions are always accessible via the internet. If there is a particular topic that you would like us to consider for a future listening session, please contact Mary Clark at mclark@mafmc.org.

View a PDF of the release here

 

The following was released by the New England Fishery Management Council:

The New England Fishery Management Council (NEFMC) is seeking applicants to serve for the next three years on its advisory panels (APs), from January 2014 through December 2016. A notice with more information is attached.

Read the notice from the NEFMC

 

The debate over catch limits and quotas for elvers in Maine and other Atlantic states could be renewed next week when a federal commission meets to review recommendations for changes to its proposed management plan for American eels.

The board of the Atlantic States Marine Fisheries Commission will meet Wednesday in Virginia to decide whether to move ahead on its working group's recommendations or incorporate details not included in the most recent management plan.

At stake is a fishery that's worth tens of millions of dollars a year in Maine alone, with baby eels often selling for $2,000 a pound or more.

Among its key recommendations, the working group:

• Voted unanimously against maintaining the status quo across all American eel fisheries. Members did not specify what changes should be made.

• Opposed closing the elver fishery, in part because of its economic importance to Maine and because the stock assessment numbers were skewed by dramatically different counts over a period of 20 years.

• Endorsed the concept of a quota system for harvesting of American eel in all life stages (elver, yellow and silver) but did not specify numbers.

• Supported the possibility of opening elver fisheries in states that do not now have them. A framework of standards to regulate new elver fisheries would have to be created.

• Proposed cutting the bag limit for recreational fisheries in half, to 25 pounds.

Some of the changes – including recreational catch limits – are expected to gain support, commission officials said. But based on past responses, others could be more controversial.

Read the full story at the Portland Press Herald

 

August 2, 2013 — The following was released by the Atlantic States Marine Fisheries Commission:

Supplemental material for the August 7, 2013 meeting of the ASMFC American Eel Management Board has been posted to the Commission website. The material includes the American Eel Working Group’s Recommendations to the Board on Draft Addendum III. The direct link to the information is here.

 

July 31, 2013 — The following is a release from the Atlantic States Marine Fisheries Council (ASMFC):

Supplemental meeting materials for the Commission's 2013 Summer Meeting have been posted at http://www.asmfc.org/summer2013Mtg.htm for the following Boards/Sections  (click on "Supplemental Material" following each relevant board header to access information). CDs with the full meeting materials (original plus supplemental) will be available at the meeting.

Atlantic Herring Section – Revised Draft Addendum VI for Public Comment; Addendum VI Public comment Summary; Advisory Panel Report; Technical Committee Report

Business Session – Revised Agenda; Draft 2014-2018 Strategic Plan; Federal Legislative Tracking Sheet: 113th Congress,  1st Session

Atlantic Menhaden Management Board – Technical Committee Review of Sulikowski et al. Aerial Survey Design for Atlantic Menhaden; Draft FMP Review; Public Comment from Chesapeake Bay Ecological Foundation

American Eel Management Board – Revised Agenda and Meeting Overview

South Atlantic State/Federal Fisheries Management Board – Revised Agenda and Meeting Overview; Atlantic Croaker Triggers Report; Spot Management Triggers Update for 2012 Fishing Year; Atlantic Croaker FMP Review; Red Drum FMP Review; Traffic Light Method Analysis Report for the Atlantic Croaker Fishery

ISFMP Policy Board – Draft ASMFC Habitat Committee Guidance Document; ASMFC Habitat Committee and the Atlantic Coastal Fish Habitat Partnership

Summer Flounder, Scup and Black Sea Bass Management Board – MAFMC Omnibus Recreational Accountability Measure Amendment Resubmitted 2013-07-23; Summer Flounder FMP Review; Scup FMP Review; Black Sea Bass FMP Review

Atlantic Coastal Cooperative Statistics Program (ACCSP)  Executive Committee – Revised ACCSP Response to IRP Report

ACCSP Coordinating Council – Revised ACCSP Response to IRP Report; ACCSP Ranking Summary

Spiny Dogfish & Coastal Sharks Management Board – Addendum II State Implementation Plans

Read the supplemental meeting materials from the ASMFC

July 29, 2013 — New England Fishery Management Council Chairman C.M. "Rip" Cunningham has written to NOAA Fisheries Northeast Regional Administrator John Bullard expressing the Council's opposition to NOAA's requirement for the industry to fund all at-sea monitoring coverage for closed area access. Chairman Cunningham suggests this requirement may prevent any participation in the program. He notes that as a result of the fragile economic state of many participants, the increased costs to fund observers may not be affordable. He also noted that little, if any, justification for this requirement was provided other than two general statements which the Council did not find convincing.

The text of Chairman Cunningham's letter follows:

July 26, 2013

Mr. John Bullard
Regional Administrator, Northeast Region National Marine Fisheries Service
55 Great Republic Drive
Gloucester, MA 01930

Re: Proposed Rule to Allow Sector Vessels Access to Year-Round Closed Areas (78 Federal Register 41772)

Dear John:

On July 11, 2013 a Proposed Rule was published that requests comments on the Proposed Rule to Allow Sector Vessels Access to Year-Round Closed Areas (78 Federal Register 41772). I am concerned that the actions that are under consideration will inhibit the ability of vessels in sectors to mitigate the low catch limits that were adopted by the Council in Framework Adjustment 50. The industry, the Council and the Agency spent an enormous amount of time and effort to craft limited opportunities for sector vessels to target stocks such as Georges Bank haddock, pollock and redfish. One of these opportunities was the ability for sectors to request access to parts of the existing year-round closed areas. The imposition of the requirement for the industry to fund all at-sea monitoring (ASM) coverage for closed area access may prevent any participation in this program. Given the fragile economic state of many participants, the increased costs to fund observers may not be affordable. As a result, there will be little economic benefit to closed area access.

This concern was first raised in my letter of March 29, 2013 commenting on the FY 2013 Sector Operations Plan Proposed Rule (78 Federal Register 16220). These comments were deemed "not relevant" to that action and were not addressed in the interim final rule (78 Federal Register 25591). To ensure that they are addressed, I am reiterating and expanding those comments below.

A requirement in the Proposed Rule is that vessels accessing portions of year-round closed areas must have 100 percent observer coverage of all trips and that this coverage must be entirely funded by the industry. The Council opposes this new requirement. The Council did not choose to require 100 percent ASM coverage as a condition for access to year-round closed areas. Little, if any, justification is provided other than general statements that without higher coverage rates "discard rates would be difficult to estimate because there is little catch history in these areas" and the higher coverage would "allow NMFS to monitor whether vessels are interacting with protected species." Neither argument is convincing for the following reasons.

First, the implication that catch history is needed in order to accurately estimate discard rates is not supported by the Standardized Bycatch Reporting Methodology (SBRM) methods. Nothing in that document conditions the accuracy of discard estimates on past catch history. When new fishing modes have been adopted in recent years – loosely analogous to a new fishing opportunity inside a closed area – there has not been any requirement for increased coverage levels so that discard estimates will be accurate in spite of a lack of catch history. Second, the SBRM does not indicate that 100 percent observer coverage is necessary in order to accurately monitor protected species interactions. Third, there is no evidence that the Agency considered a coverage level that is higher than in open areas but less than 100 percent.

The Proposed Rule also states that "this level of monitoring would also provide an ancillary benefit of gaining additional fishery dependent data from the catch in these areas." This is a false hope. The requirement for industry funding will probably discourage many vessels from fishing in the areas. It is also not clear that NMFS has considered whether the benefits of this additional data is worth the significant costs to the industry.

Even assuming that 100 percent coverage can be justified, the Agency's rationale for requiring that it be funded by the industry is not convincing. The Atlantic herring FMP allows herring mid-water trawl vessels to fish in the groundfish closed areas only when an observer, funded by the National Marine Fisheries Service, is onboard. It is not clear why this approach is not also permitted for the groundfish fishery.

The Agency expresses concern that allowing vessels to use NEFOP coverage in these areas would encourage vessels to use the exemption if selected for an observer. It is difficult to understand why this is a problem, seeing as how it would encourage fishing on healthier stocks. If the concern is that these trips will reduce observer coverage for other trips, we note that the adopted FY 2013 coverage standard is much higher than that needed for the required CV for almost all stocks so there would appear to be some slack in the coverage requirements. In addition, the number of vessels that are capable of fishing in CAI and CAII is relatively small and would not greatly affect overall observer coverage rates. There should not be a concern that these trips are not representative of standard sector trips since the Proposed Rule indicates closed area access trips will be stratified separately. These are just a few examples of alternative ways to address this issue; I'm sure that industry representatives could identify many others.

Finally, the Regulatory Flexibility Act analyses in the Proposed Rule appear to ignore the substantial costs associated with the monitoring program. It is not clear that different monitoring alternatives were considered that might increase the positive economic impacts of the proposed action.

Thank you for considering these comments. Please feel free to call me with any concerns.

Sincerely,

C.M. "Rip" Cunningham
Chairman
New England Fishery Management Council

cc: William Whitmore, NERO
 
Read a PDF version of the letter here 

 

July 29, 2013 — The following was released by the Mid-Atlantic Fishery Management Council, the New England Fishery Management Council, and the South Atlantic Fishery Management Council

The Chairmen of the South Atlantic, Mid-Atlantic, and New England Fishery Management Councils signed a landmark Memorandum of Understanding (MOU) this month to help coordinate the protection of deep sea corals off the east coast of the United States from Maine to eastern Florida.

The MOU will serve as a framework for cooperation during the development and implementation of management measures to protect deep sea corals. Rather than establish specific requirements for each council, the MOU identifies areas of consensus and strategies to promote more effective coordination of deep sea coral conservation efforts among the councils. Click here to read the full MOU.

Over the past three decades, marine researchers have discovered highly diverse deep sea coral communities on the continental shelf and slope off much of the east coast. These deep sea coral communities play an important role in the marine ecosystem and provide habitat for many species of fish and invertebrates.

Most deep sea corals are slow-growing and fragile, making them particularly vulnerable to damage from certain types of fishing gear such as bottom trawls. A wide variety of species have been discovered off the Atlantic coast, ranging from large, structure-forming types to small, solitary species. Some, such as Oculina varicosa found in the South Atlantic region, form tall pinnacles that can reach heights of more than 100 feet. One mound discovered in the South Atlantic was estimated to be between 1,000 to 1,500 years old.

Many recent deep sea coral discoveries have been the result of NOAA's Deep Sea Coral Research and Technology Program. Launched in 2009, the program has conducted in-depth deep water coral research on specific regions of the U.S., including the South Atlantic (2009-2011) and the Northeast (2013-2015). High-resolution bathymetry mapping combined with videos and samples from remotely operated vehicles (ROV) have revealed additional coral habitats in all regions while also giving the public a window into the ocean's depths through live underwater video feeds. Learn more about the program at http://oceanexplorer.noaa.gov/.

Meanwhile, Council actions to protect deep sea corals have been ongoing for some years. The South Atlantic Council has managed both shallow water corals and deep sea corals as part of its Coral, Coral Reef and Live/Hardbottom Fishery Management Plan for more than two decades. In 2010, it created the largest deepwater coral protected area off the Atlantic coast with the designation of five areas as Deepwater Coral Habitat Areas of Particular Concern, providing protection from potential threats from fishing gear, energy exploration and development, and other human impacts.  

The Mid-Atlantic Council is considering several types of protection, such as designation of "deep sea coral zones" where management measures would be applied in areas where corals are present. The New England Council is considering similar protections for areas in the Gulf of Maine, canyon areas off Georges Bank and Southern New England, and for the four New England seamounts in the U.S. Exclusive Economic Zone.

The three regional fishery management councils collectively are responsible for developing regulations for more than 114 species of fish and shellfish in federal waters (3-200 miles from shore) off the eastern seaboard and for protecting important fish habitats, including preventing fishing activities from damaging marine habitats.

Learn More About Each Council's Coral Conservation Activities and NOAA's Research
New England Council
Mid-Atlantic Council
South Atlantic Council

 

 

July 23, 2013 — The following was released by the Mid-Atlantic Fishery Management Council:

The public is invited to attend the Mid-Atlantic Fishery Management Council's August 2013 meeting to be held at the Double Tree by Hilton Wilmington, 4727 Concord Pike, Wilmington, DE 19803, phone 302-478-6000. Below is the meeting agenda.

NOTE: For online access to the meeting, enter as a guest at: http://mafmc.adobeconnect.com/august2013/

Meeting Agenda

Tuesday, August 13
1:00 p.m. – 3:00 p.m.
Research Set-Aside Committee
Pate, Gilmore, Batsavage, Beal, Deem, DiLernia, Himchak, Michels, Nolan, Young, Zeman [Seagraves/Collins]
Develop research recommendations for 2015
Discuss Council policy for future RSA research prioritization and RFP development
3:00 p.m. – 5:00 p.m.
Ecosystems and Ocean Planning Committee with Advisors
(Elliott, McMurray, Anderson, Beal, Deem, DiLernia, Linhard, Luisi, Nolan, O'Reilly, Saunders, Young, Zeman [Dancy]
Review and approve Deep Sea Coral alternatives for Public Hearing
5:00 p.m. – 6:00 p.m.
Listening Session – Dr. Jeremy Firestone, University of Delaware
Mid-Atlantic ocean wind power and fisheries

Wednesday, August 14
9:00 a.m.
Council Convenes
9:00 a.m. – 9:15 a.m.
Swearing in of New / Reappointed Council Members and Election of Council Officers
9:15 a.m. – 10:30 a.m.
Strategic Plan
Review public comments and approve
Discuss development of an implementation plan
10:30 a.m. – 12:00 p.m.
Deep Sea Coral Amendment
Review Ecosystems and Ocean Planning Committee actions
Approval of alternatives for public hearings
12:00 p.m. – 1:30 p.m.
Lunch
1:30 p.m. – 2:30 p.m.
Omnibus Baseline Amendment
Update on NMFS actions on NE vessel replacement restrictions
2:30 p.m. – 3:00 p.m.
Surfclam and Ocean Quahog
Discuss possible approaches to update Biological Reference Point's and Optimum Yield range
3:00 p.m. – 4:00 p.m.
Butterfish Research
Results of butterfish and longfin squid bio-economic research from recent Duke and University of Delaware graduate students
4:00 p.m. – 5:00 p.m.
SAFMC Public Hearing – Generic Dealer Amendment, Amendment 5 to Dolphin/Wahoo, Amendment 19 and 20 Joint Coastal Migratory Pelagics (CMP), Framework to CMP

Thursday, August 15
9:00 a.m. – 1:00 p.m.
Business Session
Approve June 2013 minutes
Organizational Reports
NMFS Regional Administrator
NMFS NEFSC Director
NOAA Office of General Counsel
Federal Enforcement Officials (NMFS and USCG)
Presentation on Enforceability Precepts for Northeast Regional Fishery Management Councils
ASMFC Executive Director
Liaison Reports
New England Council
South Atlantic Council
Executive Director's Report – Chris Moore
Science Report – Rich Seagraves
Committee Reports
Continuing and New Business
SSC Nominations

The above agenda items may not be taken in the order in which they appear and are subject to change as necessary. Other items may be added, but the Council cannot take action on such items even if the item requires emergency action without additional public notice. Non-emergency matters not contained in this agenda may come before the Council and / or its Committees for discussion, but these matters may not be the subject of formal Council or Committee action during this meeting. Council and Committee actions will be restricted to the issues specifically listed in this agenda. Any issues requiring emergency action under section 305(c) of the Magnuson-Stevens Act that arise after publication of the Federal Register Notice for this meeting may be acted upon provided that the public has been notified of the Council’s intent to take final action to address the emergency. The meeting may be closed to discuss employment or other internal administrative matters.

View a PDF version of the Agenda here 

 

July 23, 2013 — The following was released by the Atlantic States Marine Fisheries Commission:

The final agenda and meeting materials for the Atlantic States Marine Fisheries Commission's 2013 Summer Meeting can be obtained here. Some documents may be large, so please be patient downloading. Meeting materials are also available on CD-ROM; to obtain a CD please contact Stefanie Miles. Supplemental materials will be posted to the website next Wednesday, July 31.

The agenda is subject to change. The agenda reflects the current estimate of time required for scheduled meetings. The Commission may adjust this agenda in accordance with the actual duration of meetings. Interested parties should anticipate meetings starting earlier or later than indicated herein.

Board/Section meeting proceedings will be broadcast daily via webinar beginning at 10:00 a.m. on August 6th, continuing daily until the conclusion of the meeting (expected to be 4:00 p.m.) on August 8th.  The webinar will allow registrants to listen to board/section deliberations and view presentations and motions as they occur. No comments or questions will be accepted via the webinar. Should technical difficulties arise while streaming the broadcast, the boards/sections will continue their deliberations without interruption. We will attempt to resume the broadcast as soon as possible. To register for the webinar, please go here. Board/section summaries, presentations, and audio files will be available on the Commission website the week of August 12th.

 

July 3, 2013 — The following report was released by the New England Fishery Management Council:

Read the report here