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Water, Power and Oceans: A Year in Review โ€“ Protecting and Promoting Fishing Access

December 21, 2015 โ€” The following was released by the House Subcommittee on Water, Power, and Oceans:

Through conducting oversight of the Obama Administrationโ€™s actions and through key marine resource management reforms, Subcommittee Republicans remain dedicated to preserving Americanโ€™s access to our domestic offshore waters.

In June, the House of Representatives passed H.R. 1335, the โ€œStrengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act.โ€ This bill, introduced by Rep. Don Young (AK-At Large), makes key reforms to the Magnuson- Stevens Act โ€“ the primary law regulating federal fisheries management. H.R. 1335 increases transparency in federal fisheries agency decisions, empowers regional decision-making, and improves recreational fishing data and access through requiring state data into federal assessments. The bill also ensures access to marine resources by affirming that the Magnuson-Stevens Act shall remain the ultimate authority over federal fisheries management even within the bounds of a Marine National Monument or Marine Sanctuary. Hundreds of organizations support the bill, which is pending in the Senate.

Despite National Park Service estimates on low fish availability, Chairman Bishop and his crew caught 48 fish in 70 minutes in Biscayne Bay, Florida. Source: House Natural Resources Republicans

Gaps in fisheries science and management decisions are not the only issues impacting access to marine resources. This past year alone, the Administration has entertained a series of executive actions and agency rules that inhibit fishing access, often without even securing the support of local entities or states.

This was apparent in June when the National Park Service released the final General Management Plan for Biscayne National Park in Florida, which included 10,502 acres in state waters that would be closed to all commercial and recreational fishing โ€“ despite opposition from the State of Florida and others. In August, the House Committees on Natural Resources and Small Business held a joint oversight field hearing in Homestead, Florida to review the plan.

Highlighted in this hearing was H.R. 3310, a bill introduced by Rep. Ileana Ros-Lehtinen (FL- 27) that aims to avoid future situations like the one in Biscayne National Park by preserving a stateโ€™s right to manage the lands and waters within their jurisdiction. The text of H.R. 3310 was incorporated into H.R. 2406 in October by an amendment offered by Rep. Amata Radewagen (American Samoa). A number of fisheries organizations supported the amendment and H.R. 3310. You can find more information about this amendment and the markup here.

The Administration is considering additional ideas to close off further access. In September, the Subcommittee held an oversight hearing on a proposal being considered by the Administration to create the first Marine National Monument in the Atlantic, off of the coast of Cape Cod, Massachusetts. During this hearing, Subcommittee members heard of a September 15 Town Hall meeting hosted by the National Oceanic and Atmospheric Administration (NOAA), which one witness characterized as a โ€œcharade,โ€ as so few details regarding Representatives Lee Zeldin and Tom the proposal  had been made public at that time. Full Committee Chairman Bishop and Subcommittee Chairman Fleming and others subsequently sent a letter to NOAA and the Council on Environmental Quality echoing bipartisan requests for additional information regarding the proposal as well as additional opportunities for local input. Three months after the Town Hall meeting, the Administration has yet to release any additional information, including coordinates or maps, of the designation under consideration.

Representatives Lee Zeldin and Tom MacArthur and Chairman Rob Bishop in Long Island, New York. Source: House Natural Resources Republicans

The economic impacts of the potential Marine National Monument were also discussed at a December oversight field hearing in Long Island, New York, where the Natural Resources Committee and Rep. Lee Zeldin (NY-01) heard firsthand about the impacts of federal decision-making on public access and regional economies. This hearing highlighted the crucial reforms to federal fisheries management made by H.R. 1335 and the assurances that these provisions would give to the recreational and commercial fishing industries. Witnesses from the local commercial, recreational, and charter-for-hire industries expressed their support for reforms within the bill that increase transparency in federal decision-making and require greater incorporation of state and regional input.

The Subcommittee has also held hearings on specific bills aimed at regional fisheries issues in 2015. During a July 23 legislative hearing, the Subcommittee heard from fishermen, tribes, and the Administration about two necessary bills introduced by Rep. Jamie Herrera Beutler (WA-3) to preserve fishing access on the west coast: H.R. 564, the Endangered Salmon and Fisheries Predation Prevention Act of 2015, and H.R. 2168, the Dungeness Crab Management Act. To assist the recovery of Endangered Species Act (ESA) listed salmon in the Columbia River watershed and to protect tribal ceremonial, subsistence and commercial fisheries, H.R. 564 authorizes the U.S. Secretary of Commerce to issue expedited permits authorizing states and tribes to lethally take non-ESA listed sea lions under certain conditions. Fishermen and tribal leaders testified that this additional authority was necessary as sea lions have inhabited the lower Columbia River and have been ravaging ESA listed species of chinook, steelhead, coho, and chum salmon. During this hearing, the Subcommittee also heard unanimous support from the panel of witnesses for H.R. 2168, a bill to make permanent the long standing tri-state (Washington, Oregon and California) Dungeness crab management authority in place since 1980. H.R. 2168 passed the House of Representatives on October 6 and is pending in the Senate.

Sea Lion eating ESA listed Salmon in the Lower Columbia River. Source: Columbia River Inter-Tribal Fish Commission

The Subcommittee also held a hearing on H.R. 3094. As introduced by Rep. Garret Graves (LA-06) and others, the bill transfers the management authority of the red snapper fishery in federal waters from NOAA to a new authority comprised of a representative of each of the five Gulf of Mexico States in response to concerns over federal accountability, decisionmaking and access. The Subcommittee heard from a wide array of witnesses representing different user groups, including States, recreational industry, commercial and charter fishermen, and restaurants.

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CHRISTIAN PUTNAM: Transparency lacking in harmful fishing restrictions

December 7, 2015 โ€” The National Oceanic and Atmospheric Administration and the Obama Administration are working closely with several environmental groups to โ€œprotectโ€ vast areas of ocean off New Englandโ€™s coast from the dreaded commercial and recreational fishermen.

After NOAAโ€™s utter failure to work with the stakeholders that make up the fishing community through the National Marine Fisheries Service, rebranded NOAA Fisheries after the name became synonymous with disastrous over-regulation, it appears an even less transparent process is now underway to regulate our natural resources.

Plans have been hatched by several environmental groups that include the Conservation Law Foundation, Pew Charitable Trust, and the National Resources Defense Council to create at least one Marine National Monument in New England Waters. Potential areas include Georges Bank, east of Cape Cod, and Cashes Ledge, about 80 miles east of Gloucester.

It has been reported that direct conversations have occurred between these organizations, the administration and NOAA. The plan is to use the Antiquities Act of 1906 to allow for unilateral action by President Barack Obama to designate certain areas as national monuments from public lands to preserve their significant cultural, scientific or natural features.

Read the full opinion piece at the Scituate Mariner

New England fleet could see haddock quota double

December 4, 2015 โ€” The annual catch limits for Gulf of Maine cod will increase slightly in 2016, while the quota for haddock will more than double if recommendations passed this week by the New England Fishery Management Council are approved by NOAA Fisheries.

One year after slashing total cod quotas by more than 75 percent to 386 metric tons, the council voted at its three-day meeting in Portland, Maine, to raise the total cod annual catch limit (ACL) to about 440 metric tons, with 280 metric tons designated for the commercial fishing industry in each of the next three fishing seasons.

The commercial industryโ€™s Gulf of Maine cod ACL this year is 207 metric tons.

โ€œItโ€™s a slight increase and of course thatโ€™s always good,โ€ said Jackie Odell, executive director of the Gloucester-based Northeast Seafood Coalition. โ€œBut it doesnโ€™t come close to reflecting what fishermen โ€” commercial and recreational โ€” are seeing on the water and itโ€™s certainly nothing thatโ€™s going to sustain the fishery.โ€

The council voted to increase the commercial quota for Gulf of Maine haddock in 2016 to 2,416 metric tons from the current 958 metric tons, or an increase of 152 percent.

โ€œHaddock is going up substantially, like through the roof,โ€ Odell said.

The news was not good on Cape Cod and Gulf of Maine yellowtail flounder, with the commercial ACL falling 26 percent in 2016 to 341 metric tons, and witch flounder, which will have a 50 percent decrease in its 2016 ACL to 302 metric tons from the current 620 metric tons.

Read the full story at the Gloucester Daily Times

 

Wellfleet, Mass. shellfisherman charged with illegal sales to restaurants

December 2, 2015 โ€” WELLFLEET, Mass. โ€” A Wellfleet man had his state commercial shellfishing license suspended and was charged with 45 violations of state shellfishing regulations after he allegedly was caught selling oysters to at least two Outer Cape restaurants without having a wholesale license.

The evidence also indicates that David Paine, 57, may not have complied with regulations that protect the public from infections from the bacteria Vibrio parahaemolyticus.

Paine was arraigned in Orleans District Court on Monday on violations of state shellfishing regulations between July 2014 and June of this year. His girlfriend, Kristi Johns, 41, who is a co-owner of Paineโ€™s aquaculture grant, was arraigned Oct. 26 on four counts of violating fisheries regulations in arranging for sales of the oysters to The Whitman House in Truro.

Neither Paine nor Johns could be reached for comment. The phone number listed to them has been disconnected.

According to a report by Massachusetts Environmental Police Officer Daniel McGonagle contained in court documents, Paine sold oysters directly to The Whitman House and The Lost Dog Pub in Orleans. McGonagle wrote in his report that on June 22, he and Environmental Police Sgt. Kevin Clayton were notified of a possible oyster violation by a state Department of Public Health inspector who was investigating The Whitman House for allegedly selling striped bass before the season opened and marketing it as pollock.

Read the full story at the Cape Cod Times

 

Judge bars boat from dredging for clams

November 19, 2015 โ€” PROVINCETOWN โ€” A judge has temporarily barred a Gloucester fishing vessel from dredging for clams off Herring Cove while a dispute about who governs such dredging in that area makes its way through court.

Barnstable Superior Court Judge Raymond Veary issued a temporary restraining order Nov. 3, after the Provincetown harbormasterโ€™s staff followed the 70-foot Tom Slaughter as it dredged for surf clams the previous two days, Harbormaster Rex McKinsey said.

The Slaughter is one of three clam draggers whose owners are in court in separate actions fighting cease-and-desist orders issued by the Provincetown Conservation Commission to keep them from dredging up to 40 feet offshore without a permit.

Vearyโ€™s temporary order was to last until Friday, but according to Monte Rome, owner of the Tom Slaughter, it has been extended to Jan. 5 at his request.

Provincetown officials want to stop hydraulic dredging, a process that involves shooting water at 50 to 100 pounds of pressure into the sand to release the clams, because it disturbs the ocean floor and damages the habitat for fish, clams and other marine life, McKinsey said.

In 2007, the Conservation Commission passed a regulation banning hydraulic dredging in that area without a permit.

Read the full story at the Cape Cod Times

European firm pitches huge wind farm off Marthaโ€™s Vineyard

November 10, 2015 โ€” A major European energy company is proposing what could be North Americaโ€™s largest offshore wind farm 15 miles south of Marthaโ€™s Vineyard, outlining its plans less than a year after the proposed Cape Wind project in Nantucket Sound suffered a stunning financial setback.

Denmark-based DONG Energy A/S, the worldโ€™s largest developer of offshore wind farms, Monday said it would build up to 100 giant wind turbines, generating as much as 1,000 megawatts of electricity โ€” more than double the output Cape Wind had proposed for its site off Cape Cod. The Danish company recently acquired one of the leases for a stretch of ocean that the US government has designated for wind farms. It has dubbed the local operation Bay State Wind.

Company officials, seeking to distinguish their plans from the controversial Cape Wind project, pointed to DONG Energyโ€™s long track record in building ocean wind farms. They also noted the turbines would be much farther out to sea, potentially drawing less opposition from oceanfront homeowners than Cape Wind.

โ€œWe have the experience and we have the expertise,โ€ said Thomas Brostrom, the companyโ€™s North American general manager said in an interview Sunday.

DONG Energy faces lengthy Massachusetts and US permitting processes that include environmental reviews and approvals for where its power lines would come ashore. Once those approvals are in hand, DONG Energy said, it would take about three years to build the wind farm, and the first phase could include 30 to 35 turbines and be in service by early next decade.

Other than getting the transfer of the lease approved by the US Bureau of Ocean Energy Management, DONG Energy has yet to file any applications for the projects with the federal or state government.

The group that battled the Cape Wind project since its inception has adopted a much softer tone for the Danish project and others proposed in the waters south of Marthaโ€™s Vineyard.

Read the full story at the Boston Globe

A fishermanโ€™s doubt, and his love of the sea

November 3, 2015 โ€” He is up before the dawn, and, a creature of steady habits, he heads for the seashore.

Itโ€™s dark when Frank Mirarchi jumps into his black pickup truck, and dark still when he reaches Scituate Harbor. He parks on the town pier and stares at the ocean. But his 55-foot stern dragger is no longer moored there.

Actually, the boat is there. But itโ€™s no longer his. It was renamed last June after he sold it โ€” a poignant punctuation point to Mirarchiโ€™s half-century career as a commercial fisherman.

โ€œIโ€™m down here every morning to watch the boats go out,โ€™โ€™ he told me Monday as we sat on a bench overlooking the dazzling harbor and under an unseasonably warm autumn sun. โ€œI did it for 52 years. And I still love it.โ€™โ€™

I first met Mirarchi in early January when the harbor was icy and fat flakes of snow gently fell as if one of those snow globes had been softly shaken.

He is the son of a scientist and is something of a self-taught scientist himself. When I suggested Governor Charlie Baker would do well to pick his brain and appoint him to an ad hoc group looking into the travails of the cod fishery in the Gulf of Maine, the new governor took my advice. And soon Mirarchi was shaking hands with Baker on Beacon Hill.

When the latest news arrived last week about the depths of the cod collapse, the numbers were so alarming that I instantly thought of Frank and those like him who found their livelihood at sea.

Read the full story at Boston Globe

Woods Hole Report: Climate, weather and the economy

October 31, 2015 โ€” The coastal ocean and its fisheries have played a huge role in the cultural and economic development of Cape Cod. Yet recent changes in the atmosphere and deep ocean threaten the natural rhythms that govern the ecosystems of the shallow waters surrounding Cape Cod.

One factor affecting the coastal ocean in the northeastern United States is a change in the motions of the atmospheric jet stream. We felt the effects during the past winter, which was exceptionally cold and snowy. In recent years, the north-south movements of the jet stream have been increasing. However, the eastward motion has been stalling, resulting in more persistent weather patterns โ€“ cold or warm โ€“ that affect the temperature distribution in the coastal ocean.

In early 2015, the jet stream dipped well southward of its normal position and stalled, bringing a steady burst of storms moving along the coast and cooling the coastal ocean. By contrast, the jet stream remained well north of its normal wintertime position in the winter of 2011-2012 so that warm air remained over New England for much of the winter. As a result, spring water temperatures were much warmer than usual, 3-4 degrees Fahrenheit above normal over a six-month period, and as high as 10 degrees Fahrenheit for short time periods.

Research at Woods Hole Oceanographic Institution found temperatures of continental shelf waters in 2012 off New England were the highest theyโ€™ve been in 150 years of measurements.

Read the full story at The Metrowest Daily News

 

 

Cape Cod: Playing tag with sharks

November 1, 2015 โ€” CHATHAM, Mass. โ€” The summer crowds and traffic on Main Street were down to a trickle. Leaves sifted onto lawns, and the birdsongs and rattle and hum of insect life were stilled for another year.

As the Aleutian Dream nudged past rolling breakers at the mouth of Chatham Harbor, the ocean told another story. Rippling Vโ€™s of migrating waterfowl filled the skies. All around the vessel, spouts from fin whales on their way to the West Indies, pausing to gorge themselves on sand eels, burst into the air like escaping jets of steam. The inky black backs of minke whales, likewise headed for equatorial regions, jackknifed as they dived on the eels below.

Notably absent were the great white sharks that seemed omnipresent at summerโ€™s end, closing town beaches from Orleans up to Wellfleet as they cruised close to shore, occasionally beaching themselves in their pursuit of seals in Harwich, Chatham and Wellfleet.

But tagging data going back to 2010 showed that most great whites were gone from the Cape by mid- to late October.

โ€œItโ€™s only the big slobs hanging out now,โ€ joked state Division of Marine Fisheries shark scientist Greg Skomal. In the summer, average sizes hovered around the 12- to 13-foot mark, but most of the sharks they had encountered this fall were to 14 to 15 feet long.

Perched on a pulpit, a narrow catwalk jutting forward from the bow of the Aleutian Dream, Skomal eased his back onto the hard aluminum rail and stretched his legs, waiting for word from above. Despite the bright sunshine and blue skies, wispy high cirrus clouds foretold of the coming storm that likely would end what had been a record-breaking shark-tagging season.

Read the full story at Cape Cod Times

Climate change hurting New England cod population, study says

October 29, 2015 โ€” The rapid warming of the waters off New England has contributed to the historic collapse of the regionโ€™s cod population and has hampered its ability to rebound, according to a study that for the first time links climate change to the iconic speciesโ€™ plummeting numbers.

Between 2004 and 2013, the mean surface temperature of the Gulf of Maine โ€” extending from Cape Cod to Cape Sable in Nova Scotia โ€” rose a remarkable 4 degrees, which the researchers attributed to shifts in the ocean currents caused by global warming.

The study, which was released Thursday by the journal Science, offers the latest evidence of climate change โ€” this time, affecting a species once so plentiful that fishermen used to joke that they could walk across the Atlantic on the backs of cod.

Fisheries management officials have sharply limited cod fishing in hopes of protecting the species, but they estimate the number of cod remain at as little as 3 percent of what would sustain a healthy population. The limits, in turn, have hurt fishermen.

โ€œManagers [of the fishery] kept reducing quotas, but the cod population kept declining,โ€ said Andrew Pershing, the studyโ€™s lead author and chief scientific officer of the Gulf of Maine Research Institute in Portland. โ€œIt turns out that warming waters were making the Gulf of Maine less hospitable for cod, and the management response was too slow to keep up with the changes.โ€

The institute had reported last year that the rise in temperatures in the Gulf of Maine exceeded those found in 99 percent of the worldโ€™s other large bodies of saltwater. The authors of Thursdayโ€™s study link the rapid warming to a northward shift in the Gulf Stream and changes to other major currents in the Atlantic and Pacific oceans.

They say the warmer water coursing into the Gulf of Maine has reduced the number of new cod and led to fewer fish surviving into adulthood. Cod prefer cold water, which is why they have thrived for centuries off New England.

The precise causes for the reduced spawning are unclear, the researchers said, but theyโ€™re likely to include a decline in the availability of food for young cod, increased stress, and more hospitable conditions for predators. Cod larvae are View Story eaten by many species, including dogfish and herringอพ larger cod are preyed upon by seals, whose numbers have increased markedly in the region.

Read the full story at the Boston Globe

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