Regulations

February 12, 2015 — The following was released by NOAA:

Today we are announcing final 2015 sub-annual catch limits (ACLs) for the Atlantic herring fishery to account for quota set aside for scientific research (research set-aside) and carryover of unharvested quota from fishing year 2013.

 Catch information for fishing year 2013 has been finalized. Because quota from each stock area sub-ACL went unharvested and the stock-wide ACL was not exceeded, we are now adjusting the 2015 sub-ACLs to account for a portion of the unused catch from the 2013 fishing year. 

Read more about these measures in the Bulletin or read the Temporary Final Rule.
 
For questions or more information, please contact Jennifer Goebel at 978-281-9175 or jennifer.goebel@noaa.gov.

February 4, 2014 — The following was released by Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s American Lobster Management Board approved Draft Addendum XXIV to Amendment 3 to the Interstate Lobster Fishery Management Plan for public comment. Draft Addendum XXIV responds to recently finalized trap transfer regulations for the federal waters of Lobster Conservation Management Areas 2, 3, and Outer Cape Cod. While the majority of the implemented federal water measures are based on Commission recommendations and are consistent with the Commission plan, there are a few measures which are either inconsistent or are not addressed by the Commission plan. Specifically, the Draft Addendum includes options to better align state and federal measures regarding the conservation tax on trap allocations when whole fishing businesses are transferred, trap allocation transfer increments, and restrictions on trap allocation transfers among permit holders who are authorized to fish both state and federal waters within a single lobster management area.
 
States are not anticipated to conduct hearings on the Draft Addendum, since NOAA Fisheries has already held hearings on the same issues. Fishermen and other interested groups are encouraged to provide input on Draft Addendum XXIV, which can be obtained at http://www.asmfc.org/files/PublicInput/AmLobsterDraftAddendumXXIV_PublicComment.pdf or via the Commission’s website, www.asmfc.org, under Public Input. Public comment will be accepted until 5:00 PM (EST) on March 20, 2015 and should be forwarded to the Atlantic States Marine Fisheries Commission, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at comments@asmfc.org (Subject line: Lobster Draft Addendum XXIV).       
 
For more information, please contact Toni Kerns, ISFMP Director, at tkerns@asmfc.org or 703.842.0740.    

February 5, 2015 — The following was released by the Atlantic States Marine Fisheries Commission (ASMFC):

The Commission’s Summer Flounder, Scup and Black Sea Bass Management Board approved Addendum XXVI to the Summer Flounder and Black Sea Bass Fishery Management Plan, continuing adaptive regional management for the 2015 recreational summer flounder fisheries. The approved regions are Massachusetts; Rhode Island; Connecticut through New Jersey; Delaware through Virginia; and North Carolina. The Addendum provides the option for the Board to extend the adaptive regional management approach into 2016 through Board action.
 
Addendum XXVI was initiated to consider a continuation of regional management approved in Addendum XXV. Both addenda address concern that summer flounder management measures under state-by-state conservation equivalency were not providing recreational fishermen along the coast with equitable harvest opportunities to the resource. The adaptive regional management approach is designed to respond to changes in resource availability and effort in the fishery. The Board decided to continue 2014 management measures for the 2015 fishing season.
 
For black sea bass, the Board approved the methodologies used by the states of Massachusetts through New Jersey to establish their minimum size, bag limits, and season lengths to achieve a 33% reduction in the 2015 recreational harvest levels from the 2014 harvest level. The 33% reduction is required in order to achieve but not exceed that 2015 recreational harvest limit.
 
For scup, the Board approved the maintenance of 2014 recreational management measures for the 2015 fishing season, with the exception of Connecticut which will increase its size and possession limit to be consistent with the other states’ private and for-hire fisheries. States will finalize their regulations over the next couple of weeks for the recreational summer flounder, black sea bass, and scup fisheries.
 
Addendum XXVI will be available on the Commission website by the end of February. For more information, please contact Kirby Rootes-Murdy, Fishery Management Plan Coordinator, at krootes-murdy@asmfc.org or 703.842.0740.

January 27, 2015 — The following was released by NOAA Fisheries:

Small Entity Compliance Guide
 
A new rule effective March 1, 2015, will change regulations for king mackerel, Spanish mackerel, and cobia. The rule will:

– Eliminate the 500-pound trip limit that is effective when 75 percent of the respective quotas are landed for king mackerel in the Florida west coast Northern and Southern Subzones.
– Change the fishing year for king mackerel in the Florida west coast Northern Subzone to October-September beginning October 1, 2015. Currently, the fishing year is July-June.
– Allow transit of commercial vessels with king mackerel through areas closed to king mackerel fishing, if gear is appropriately stowed.
– Create Northern and Southern Zones for Atlantic migratory group king and Spanish mackerel, each with separate quotas. NOAA Fisheries will close each zone when the respective quota is met or expected to be met. The dividing line between the zones is at the North Carolina/South Carolina state line.
– Make administrative changes to the framework procedure for modifying management measures.
– Increase annual catch limits and catch targets for cobia.
– Create a Florida East Coast Zone for cobia to adjust for differences between the Councils' jurisdictional areas and the biological distribution of the Gulf of Mexico and Atlantic stocks. This zone will have its own quota, and NOAA Fisheries will close the zone when the quota is met or expected to be met.

NOAA Fisheries, with the Gulf of Mexico and South Atlantic Fishery Management Councils, developed Amendment 20B to the management plan for king mackerel, Spanish mackerel, and cobia containing these management measures. The final rule implementing the regulations published in the Federal Register on January 27, 2015. 
 
This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.
 
Electronic copies of the amendment, final rule, supporting materials, and frequently asked questions may be obtained from the NOAA Fisheries Web site
http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2014/am20b/index.html.
 
This bulletin provides only a summary of the information regarding the existing regulations. Any discrepancies between this bulletin and the regulations as published in the Federal Register will be resolved in favor of the Federal Register.

January 22, 2015 — The following was released by NOAA Fisheries:

NOAA Fisheries announces that a voluntary vessel speed restriction zone (Dynamic Management Area – DMA) has been established south of Nantucket to protect an aggregation of 6 right whales sighted in this area on January 21, 2015. This DMA is in effect immediately through February 5, 2015. Mariners are requested to route around this area or transit through it at 10 knots or less.
 
VOLUNTARY DYNAMIC MANAGEMENT AREAS (DMAs)
Mariners are requested to avoid or transit at 10 knots or less inside the following areas where persistent aggregations of right whales have been sighted.  Please visit www.nmfs.noaa.gov/pr/shipstrike for more information.

South of Nantucket DMA – in effect through February 5, 2015:
41 12N
40 28N
070 25W
069 28W

South of Delaware Bay DMA — in effect through February 1, 2015:
38 45N
37 59N
074 53W
074 00W

ACTIVE SEASONAL MANAGEMENT AREAS (SMAs)
Mandatory speed restrictions of 10 knots or less (50 CFR 224.105) are in effect in the following areas:

Cape Cod Bay SMA — in effect through May 15, 2015

Mid-Atlantic U.S. SMAs — in effect through April 30, 2015

Southeast U.S. SMA — in effect through April 15, 2015

FOR RECENT RIGHT WHALE SIGHTINGS, VISIT:
www.nefsc.noaa.gov/psb/surveys/

DOWNLOAD THE WHALE ALERT APP FOR iPAD AND iPHONE:
stellwagen.noaa.gov/protect/whalealert.html

FOR AN AUTOMATIC RETURN EMAIL LISTING ALL CURRENT U.S. DYNAMIC MANAGEMENT AREAS AND SEASONAL MANAGEMENT AREAS, PLEASE SEND A BLANK MESSAGE TO:
nmfs.gar.rightwhale@noaa.gov
 
DETAILS AND GRAPHICS OF ALL SHIP STRIKE MANAGEMENT ZONES CURRENTLY IN EFFECT:
www.nmfs.noaa.gov/pr/shipstrike
 
ACOUSTIC DETECTIONS IN CAPE COD BAY AND THE BOSTON TSS:
www.listenforwhales.org
 
APPROACHING A RIGHT WHALE CLOSER THAN 500 YARDS IS A VIOLATION OF FEDERAL AND STATE LAW. PLEASE REPORT ALL RIGHT WHALE SIGHTINGS TO:
866-755-NOAA (6622)
 
ADDITIONAL EMAIL ADDRESSES MAY SUBSCRIBE TO THIS DISTRIBUTION LIST BY VISITING:
www.nero.noaa.gov/shipstrike/

January 21, 2015 — The following was released by NOAA Fisheries:

NOAA Fisheries today announced that it is proposing regulations to implement the Standardized Bycatch Reporting Methodology Omnibus Amendment developed by the Mid-Atlantic and New England Fishery Management Councils.
 
Under federal fisheries law, NOAA Fisheries is required to establish a standardized bycatch reporting methodology to assess the amount and type of bycatch occurring in all federally managed fisheries.
 
This amendment was developed, in part, to respond to a U.S. District of Columbia Court of Appeals mandate.  The amendment adds various measures to improve and expand on the Standardized Bycatch Reporting Methodology previously in place for 13 fishery management plans for fisheries operating in New England and Mid-Atlantic federal waters.
 
Click here for more information on these proposed regulations. NOAA Fisheries will be accepting public comment on this proposed methodology through February 20, 2015.

January 20, 2015 — The following was released by NOAA Fisheries:

NOAA Fisheries announces that a voluntary vessel speed restriction zone (Dynamic Management Area – DMA) has been established south of Delaware Bay to protect an aggregation of 12 right whales sighted in this area on January 17, 2015. This DMA is in effect immediately through February 1, 2015.  Mariners are requested to route around this area or transit through it at 10 knots or less.
 
VOLUNTARY DYNAMIC MANAGEMENT AREAS (DMAs)
Mariners are requested to avoid or transit at 10 knots or less inside the following areas where persistent aggregations of right whales have been sighted.  Please visit www.nmfs.noaa.gov/pr/shipstrike for more information .

South of Delaware Bay DMA — in effect through February 1, 2015
38 45N
37 59N
074 53W
074 00W

ACTIVE SEASONAL MANAGEMENT AREAS (SMAs)
Mandatory speed restrictions of 10 knots or less (50 CFR 224.105) are in effect in the following areas:

Cape Cod Bay U.S. SMA — in effect through May 15, 2015

Mid-Atlantic U.S. SMAs — in effect through April 30, 2015

Southeast U.S. SMA — in effect through April 15, 2015

FOR RECENT RIGHT WHALE SIGHTINGS, VISIT:
www.nefsc.noaa.gov/psb/surveys/

DOWNLOAD THE WHALE ALERT APP FOR iPAD AND iPHONE:
stellwagen.noaa.gov/protect/whalealert.html

FOR AN AUTOMATIC RETURN EMAIL LISTING ALL CURRENT U.S. DYNAMIC MANAGEMENT AREAS AND SEASONAL MANAGEMENT AREAS, PLEASE SEND A BLANK MESSAGE TO:
nmfs.gar.rightwhale@noaa.gov
 
DETAILS AND GRAPHICS OF ALL SHIP STRIKE MANAGEMENT ZONES CURRENTLY IN EFFECT:
www.nmfs.noaa.gov/pr/shipstrike
 
ACOUSTIC DETECTIONS IN CAPE COD BAY AND THE BOSTON TSS:
www.listenforwhales.org
 
APPROACHING A RIGHT WHALE CLOSER THAN 500 YARDS IS A VIOLATION OF FEDERAL AND STATE LAW. PLEASE REPORT ALL RIGHT WHALE SIGHTINGS TO:
866-755-NOAA (6622)
 
ADDITIONAL EMAIL ADDRESSES MAY SUBSCRIBE TO THIS DISTRIBUTION LIST BY VISITING:
www.nero.noaa.gov/shipstrike/

January 15, 2015 — The following was released by NOAA:

Today, a proposed rule to revise guidelines for National Standards 1, 3, and 7 was filed in the Federal Register. National Standards 1, 3, and 7 of the Magnuson-Stevens Fishery Conservation and Management Act pertain to overfishing, rebuilding overfished stocks, and achieving optimum yield.
  
The objective of these proposed revisions is to improve and streamline the National Standard guidelines, address concerns raised during the implementation of annual catch limits and accountability measures, and provide flexibility within current statutory limits to address fishery management issues. The proposed revisions do not establish new requirements or require the regional fishery management councils to revise their current fishery management plans.
 
For more information and the proposed rule, please visit the Office of Sustainable Fisheries website.
 
NOAA Fisheries will accept public comments through June 30, 2015, to provide the opportunity for extensive public outreach, including through the regional fishery management council process.
 
After the close of the comment period, NOAA Fisheries will review the comments received and consider whether the rule needs to be further revised or finalized.
 
Please feel free to pass along this information to others who might be interested. For any questions, please contact Wes Patrick at (301) 427-8563 (wesley.patrick@noaa.gov).

January 14, 2015 — The following was released by NOAA Fisheries:

On May 1, new management measures will  be implemented for the Southern New England stock of American lobster, as
recommended by the Atlantic States Marine Fisheries Commission in Addenda XVII and XVIII to
Amendment 3 of the Commission's Interstate Fishery Management Plan for American Lobster.
 
Click here to read more about these measures.