Regulations

NOAA has approved a suite of management measures for the Atlantic sea scallop fishery, developed by the New England Fishery Management Council with input from the fishing industry, which will increase fishing opportunities for fishermen. Among the measures being put into place, as a result of effective science-based management, are increased catch limits for the remainder of this fishing year and in 2012.

The following was released by NOAA.

 “These increases are possible because the Atlantic sea scallop resource is healthy and the fishery is operating sustainably,” said Patricia Kurkul, regional administrator, Northeast Region, NOAA Fisheries Service. “In 2010, the fishery had a catch target of 47 million pounds. We were able to raise 2011 catch limits to 51 million pounds and increase them again in 2012 to 54 million pounds.”
Other measures increase operating efficiencies and flexibility for some scallop vessels with an individual fishing quota by increasing trip limits, improving the current quota transfer program, and providing the ability to carryover some unused quota into the next fishing year. However, to reduce the risk of exceeding overall annual catch limits, NOAA disapproved one measure that would have allocated additional pounds of scallops to these vessels if the larger scallop fleet exceeded its annual allocation, but did not ultimately trigger its accountability measure.

Another change makes the current area closures to protect fish habitat consistent between groundfish and scallop regulations, which allows an increase in fishing access for scallop vessels in two of the previously closed areas while protecting vulnerable seabed habitats from the adverse effects of fishing.

Also approved were several measures to enhance opportunities for scallop fishermen and scientists to work cooperatively and partner in research. NOAA is allowing a slightly larger portion of the annual scallop catch to be sold to cover the cost of this research to gather more information on scallop biology and habitat. Scallop vessels involved in research will also be exempt from some fishing regulations. The grant process associated with this cooperative research effort is being streamlined to allow for multi-year awards for federally funded research projects.

In addition to ensuring scallop fishermen are able to harvest their entire allocation of scallops, this action will provide needed protections for rebuilding yellowtail flounder, a bottom dwelling species caught by fishermen along with scallops in some areas. Because scallop vessels catch yellowtail flounder when fishing for scallops, they receive an annual allocation of yellowtail flounder. If the yellowtail catch is exceeded, NOAA will close areas where high catches of yellowtail have historically occurred for a portion of the next fishing year.

To provide protections to threatened and endangered sea turtles, NOAA is limiting scallop fishing effort in portions of the Mid-Atlantic during June through October, when sea turtles and scallop fishing activities typically tend to overlap.

 

Read the Small Entity Compliance Guide and Permit Holder Letter from NMFS

Read Framework 22

Read Amendment 15

 

 

 

 

 

 

NOAA Fisheries Service is proposing to implement new measures that would increase the haddock incidental catch cap allocated to the Atlantic midwater trawl herring fishery. This action would also modify the cap accountability measures so that once the cap was reached, the midwater trawl herring fleet could not catch or land herring in excess of the incidental catch limit (2,000 lb) in or from the appropriate haddock stock area.

Read the proposed rule.

 

 

 

 

 

July 18, 2011 – NOAA today announced some corrections, clarifications, and modifications to existing regulations for the Northeast groundfish fishery. Through this action, we are, among other things, streamlining catch reporting and monitoring requirements for groundfish fishermen, which will both reduce some of the burden on the fishing industry and improve the reporting process.

Read the rule.

 

 

 

 

 

NMFS announces that the Mid-Atlantic Fishery Management Council (Council) has submitted Amendment 11 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP) (Amendment 11), incorporating the Final Environmental Impact Statement (FEIS) and the Initial Regulatory Flexibility Analysis (IRFA), for review by the Secretary of Commerce and is requesting comments from the public.Show citation box

Read the complete proposed rule.

 

 

 

 

 

NMFS implements an increase to the scup commercial and recreational landing allowances for 2011 (specifications) and management measures for the 2011 summer flounder, scup, and black sea bass recreational fisheries in Federal waters. These actions are necessary to comply with regulations implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and to ensure compliance with the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The intent of the scup increase is to enable greater commercial and recreational harvest opportunities while preventing overfishing on the scup stock. Recreational management measures are similarly intended to ensure that overfishing the summer flounder, scup, and black sea bass resources in 2011 is unlikely to occur.

Read the final rule.

Read the Notice Of Increased 2011 Scup Landing Levels

 

 

 

 

 

80 percent of the butterfish quota for the 2011 fishing year has been harvested. Therefore, effective July 6, 2011, vessels issued Federal butterfish permits may not possess or land more than 250 lb of butterfish per trip or per calendar day. Federally permitted dealers may not purchase more than 250 lb of butterfish per vessel per day.

Read the complete notice with a list of FAQs from NOAA.

 

 

 

 

 

 

 

Owners or operators of commercial groundfish vessels with federal permits will now have the option to voluntarily submit their vessel trip reports, or VTRs, for each fishing trip to NOAA electronically beginning in July. 

“We want to make it easier for anyone interested to submit their data electronically instead of on paper,” said Patricia Kurkul, regional administrator for NOAA’s Fisheries Service.  “Electronic reporting is an example of improving the quality and timeliness of industry-generated data so critical to managing the fishery, a recommendation of our recent management review, as well as something in which the fleet has been increasingly interested.”

Vessel trip reports are required in many fisheries, including groundfish, to provide information on when and where catch occurred.  Among other uses, these logs provide a link between the catch and the fish stock from which it came, critical for good stock assessments.

Electronic reporting will make the collection of important data on fishing vessel activity more efficient, convenient and timely for the fishing industry, fishery managers, and other data users.  Vessel trip reports will be encrypted prior to transmission to maintain the confidentiality of data being transmitted.

Vessel permit holders can already view up to twelve months of trip reports online.

Vessel trip reports do not have to be submitted electronically, it is merely an option for fishing vessels that have the capacity and are seeking an alternative to paper reporting. Over the next several months, the agency will work with interested members of the fishing industry to expand the use of electronic vessel trip reporting throughout the groundfish and other fisheries.

NOAA Fisheries Service is dedicated to protecting and preserving our nation’s living marine resources and their habitat through scientific research, management and enforcement. NOAA Fisheries Service provides effective stewardship of these resources for the benefit of the nation, supporting coastal communities that depend upon them, and helping to provide safe and healthy seafood to consumers and recreational opportunities for the American public.

 

 

 

 

 

The 2011 Transboundary Resource Assessment Committee stock status reports for EEGB cod, EGB haddock, and GB yellowtail flounder are now available

The Transboundary Management Guidance Committee (TMGC) will meet in September to review these reports and recommend quotas for FY 2012. The TRAC results suggest the combined US and Canada quotas for all three stocks will probably decline in FY 2012. While not yet published, the US share for each of the three stocks in FY 2012 is likely to be: EGB haddock – 43% (same as 2011), EGB cod – 24% (up from 19% in 2011), GB yellowtail flounder – 49% (down from 55% in 2011); these were the values reported at the TRAC meeting in June and changes are not expected when the reference document is published.

Read this and more from The Canadian Government's Fisheries and Oceans webpage.

 

 

 

 

 

As Captains issue S.O.S., claiming new rules meant to save the fish are killing their way of life, Congressional members of both parties, including Republican U.S. Sen. Scott Brown and Democrat U.S. Rep. Barney Frank, are skeptical about the environmental ties of President Obama’s pick for Department of Commerce secretary, who oversees the nation’s fisheries. Environmental groups have backed the new rules.

July 3, 2011  – With the height of the New England fishing season getting under way this week, small family fishermen say controversial new rules are destroying their livelihood — forcing them to sell their boats and instead search for work as laborers on larger vessels.

“It’s a death knell. It’s the beginning of the end for small fishermen,” said Rhode Island fisherman Joel Hovanesian, 54, who recently sold his boat.

Plymouth fisherman Stephen Welch, 50, a father of two, said: “We’re in a crisis right now.”

The new rules — put into place one year ago — place hard catch limits that restrict how much groundfish, such as cod and haddock, a fisherman can catch. Fishermen are given allotments of fish and can buy and sell those.

Under the old system, fishermen were allowed a certain number of days at sea.

Figures from the National Oceanic and Atmospheric Administration show larger operations appear to have benefited. Annual revenue for boats larger than 75 feet increased approximately 33 percent in 2010 — up to $800,000, from $600,000 in 2009.

New Bedford Mayor Scott Lang, who, along with the city of Gloucester, sued NOAA over the new rules and recently lost, said he plans to ask the Commerce Department’s Inspector General to investigate.

“New Bedford and Gloucester are letting everyone know we will challenge anything that threatens the culture, history and traditions of our seacoast communities,” he said. “The average fisherman, the family fishermen, are being driven out.”

The fight over fishing rules has stretched all the way to the White House and crossed party lines.

Read the complete article from The Boston Herald.

 

 

 

 

 

WASHINGTON – June 30, 2011 – The following was released by NOAA.  According to NOAA, the 2011 quotas support international recovery efforts and proactively account for unintentionally caught fish.

NOAA today announced quotas and other measures for bluefin tuna that underscore the nation’s commitment to sustainable science-based management of this vital fish stock. The allocations divide the available 2011 U.S. bluefin tuna quota of 957 metric tons among commercial and recreational fishing sectors for the fishing season that began on June 1.
 
“The best way to ensure the long-term sustainability of bluefin tuna is through international cooperation and strong domestic fishery management,” said Eric Schwaab, assistant NOAA administrator for NOAA’s Fisheries Service. “Today’s domestic quotas provide allocations to U.S. commercial and recreational fishermen who target bluefin tuna. At the same time, the quotas ensure that longline fishermen can continue to operate while they will take additional steps to minimize their unintended catch of bluefin.”
 
In addition, NOAA’s Fisheries Service announced it would begin a review of domestic bluefin tuna management to address allocation issues, discards of dead bluefin tuna and the best ways to reduce unintended catch of bluefin tuna.
 
The total U.S. quota was set by the International Commission for the Conservation of Atlantic Tunas in November, the international body made up of 47 nations and the European Union that manages this highly migratory species. Each of the member nations divides its national quota among its domestic users. The U.S. has been a leader at ICCAT in promoting quotas based on science and in urging the adoption of strong measures to help with the recovery of bluefin tuna and other fisheries.

The General category, which includes commercial fishermen who use rod and reel, will receive 435 metric tons, nearly half the 2011 U.S. quota. Allocations for the other categories are as follows: Angling category (which includes recreational fishermen),  182 metric tons; purse seine fishermen, 171.8 metric tons; longline fishermen, 61 metric tons; harpoon fishermen, 36 metric tons; trap fishermen, 0.9 metric tons; and a reserve of 70.6 metric tons. The reserve is set aside for scientific research and to account for landings and dead discards.
 
The allocations account for potential discards of unintentionally caught bluefin tuna. Bluefin tuna are primarily discarded by longline fishermen who are targeting swordfish and other tunas. Although fishermen attempt to release fish alive, many discarded fish do not survive. The longline fishery was the only sector to receive reductions in its base quota to account for dead discards in advance of them actually being caught. Data from the 2010 fishing season was used to estimate the discard amount.
 
“We are working closely with longline fishermen to reduce the amount of bluefin tuna that they catch unintentionally,” said Schwaab. “This spring, we began requiring longline fishermen in the Gulf of Mexico to use weak hooks to reduce the unintended bluefin catch while still allowing them to catch swordfish and yellowfin tuna.”
 
The weak hook, a circular hook constructed of thin gauge wire, is designed to straighten when a large fish such as bluefin tuna is hooked, releasing it but holding on to smaller, lighter fish.
 
After extensive scientific review, NOAA announced on May 27 that the Atlantic bluefin tuna currently do not warrant species protection under the Endangered Species Act. NOAA also committed to revisit this decision by early 2013, when more scientific information will be available. NOAA has also formally designated Atlantic bluefin tuna as a “species of concern” under the Endangered Species Act, placing the species on a watchlist for concerns about its status and threats to the species.
 
Click here for more information on bluefin tuna.