Saving Seafood

Flounder controls set to tighten, despite South Jersey pleas

December 19th, 2016 — A federal regulatory council voted this week in favor of drastically cutting next summer’s flounder harvest, despite strong protest from South Jersey fishermen and politicians.

No final state bag or size limits were decided at the Mid-Atlantic Fishery Management Council meetings in Baltimore, but the organization did approve a 40 percent reduction in the coast-wide summer flounder catch for 2017.

The number is subject to change pending data still coming in from this season’s catch, but fishermen targeting fluke will likely face much stricter controls on the fish they can keep next summer.

“The stock is currently in a state of overfishing,” said Kiley Dancy, a fishery management specialist at the council. “It’s not looking great right now.”

Local government leaders and fishing-related business owners fear the new regulations could hurt South Jersey’s economy.

“Basically, I came out of there understanding that they want to shut down fishing,” said Robin Scott, owner of Ray Scott’s Dock in Margate, who attended the meetings.

Jim Donofrio, executive director of the New Gretna-based Recreational Fishing Alliance, has even vowed to appeal the decision by asking President-elect Donald J. Trump’s incoming administration to strike down the restrictions.

Bob Martin, the commissioner of the New Jersey Department of Environmental Protection, said he was “greatly disappointed” by the decision to tighten controls on flounder.

“In effect, these actions will result in a moratorium on one of our most important recreational fish species,” Martin said in a statement Thursday.

Read the full story at the Press of Atlantic City 

Industry applauds new NOAA fisheries, Magnuson-Stevens guidelines

October 17, 2016 — Changes to national standards for Magnuson-Stevens are receiving accolades from the recreational fishing industry.

NOAA Fisheries last week filed in the Federal Register its final rule to revise the guidelines for National Standards (NS) 1, 3, and 7 of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).    MSA contains 10 national standards which guide the contents and objectives of federal fishery management plans.

Groups including the Recreational Fishing Alliance and American Sportfishing Association are applauding the revision.

“We commend NOAA Fisheries for making meaningful improvements to the National Standard guidelines, which should improve recreational fishing opportunities for federally managed marine fisheries while ensuring the nation is still achieving our strong fisheries conservation standards,” said Mike Leonard, ASA’s Conservation director. “Many of the proposed changes address issues identified through the engagement that NOAA Fisheries has made with the recreational fishing community in recent years, and more specifically the recommendations of the Commission on Saltwater Recreational Fisheries Management, more commonly known as the Morris-Deal Commission.”

The revisions include several changes sought by the industry:

  • Allowing changes to catch limits to be gradually phased in over up to three years, as long as overfishing is prevented.
  • Increasing latitude, based on the biology of the fish stock, in setting timelines for rebuilding programs.
  • Providing flexibility for better managing data-limited stocks while adhering to conservation requirements.
  • Allowing for greater stability in fishing regulations through guidance on considering multiple years when determining overfishing status.

“RFA believes that the revisions put forward by NOAA Fisheries in the final rule are a step in the right direction and will help restore some balance to the management of our federal fisheries under MSA,” said Jim Donofrio, RFA executive director.  “The intent of Congress was to treat the 10 national standards equally in order to achieve a balance between conservation and needs of our fishing communities.  Yet, selective execution of certain national standards over the past decade has resulted in a loss of opportunity and economic output in many of our most important recreational fisheries.”

The rulemaking revisions are progress, but point to the importance of legislative changes to address the issues with Magnuson-Stevens, Donofrio said.

Read the full story at Boating Industry

Judge blocks closure of southern flounder fishing

October 12th, 2016 — A Wake County Superior Court judge has issued an injunction preventing the N.C. Marine Fisheries Commission from closing the entire southern flounder fishery from October 16 through January 1.

During its November 2015 meeting at Jeanette’s Pier, the commission voted 6-3 to shut down both the commercial and recreational fisheries for southern flounder during the fourth quarter of 2016.

A lawsuit was filed by the New Bern-based North Carolina Fisheries Association, the Carteret County Fishermen’s Association, as well as Dare, Hyde and Carteret counties, against the commission’s action, and resulted in a temporary restraining order being issued on Sept. 28.

The defendants are the North Carolina Department of Environmental Quality, as well as NCDEQ secretary Donald R. Van Der Vaart, DMF Director Braxton Davis, and all nine members of the NC Marine Fisheries Commission,

After two hours of testimony on Oct. 6 from attorneys representing the NCFA and the state, Superior Court Judge John Jolly, Jr. issued an order preventing the Division of Marine Fisheries from instituting the October 16 closure.

When the MFC voted for the closure last year, interest groups from the commercial fishing industry, which were opposed to the ban, lined up against the recreation-oriented Coastal Conservation Association and Recreational Fishing Alliance.

The 6-3 vote pitted the three recreational, two at-large, and one MFC member representing the scientific community against the three members holding commercial seats on the commission.

CCA and RFA actually came into the meeting advocating that restrictions be imposed on the commercial fishery only, but both groups eventually took a public stance accepting the closure of the entire fishery.

Read the full story at The Outer Banks Voice 

Enviros Push for “National Monuments” Off Northeast Coast that Could Ban Recreational Fishing

November, 2015 — A coalition of environmental groups including the Pew Charitable Trusts, the Conservation Law Foundation, and the National Resources Defense Council, is pushing hard to create a half-dozen “marine national monuments” in the Atlantic Ocean that would prohibit commercial fishing and could ban recreational fishing as well.

The coalition is encouraging President Obama to use his authority to designate the monuments through the Antiquities Act of 1906, which was created to “protect the objects of historic and scientific interest” and is supposed to be limited to “the smallest area compatible with proper care and management of the objects to be protected.” Through the Act, a president can unilaterally create these areas without any public or congressional oversight or input. A number of presidents have exercised this privilege in the past, yet most monuments have been designated on land or in the Western Pacific Ocean.

At the time of this writing the areas under consideration are not completely clear, but appear to include at least three canyons – Lydonia, Gilbert, and Oceanographer – along with four seamounts to the south, as well as Cashes Ledge some 50 miles offshore in the Gulf of Maine. Other canyons and seamounts are also reportedly under consideration.

It is clear to many of us, however, that the coalition’s intent in creating these monuments has little to do with historical or cultural preservation. As Maine’s Gov. Paul LePage put it, the monuments designations “would serve only one purpose – excluding commercial fishing from certain segments of the ocean.”

The recreational sector, however, needs to be very careful – and skeptical as well. At least one attorney for the Conservation Law Foundation (CLF) has suggested that recreational fishing would likely be allowed in the monuments, in order to garner support from sport fishermen, and indicated that it would be a real “win” for the recreational sector if just the commercials were prohibited in these areas.

But the rec sector isn’t taking the bait. “Just because a couple of environmental groups claim they wouldn’t oppose recreational fishing in the monuments doesn’t mean that sport fishing would be allowed once the final regulations are drafted in D.C.,” explained Frank Blount, chairman of the New England Fishery Management Council’s (NEFMC) Groundfish Committee and a party boat fleet owner in RI. “There’s no way to predict what the language in any monument designation will entail. We need to oppose the whole idea, right from the get-go.”

One of the biggest problems with the Antiquities Act of 1906 is that it strips away the open, democratic processes that protect these areas yet can allow sustainable and appropriate fishing activity. The open federal Fishery Management Council system is the vehicle by which this is best accomplished, and in fact the NEFMC has already implemented strong protections for Cashes Ledge, where most commercial fishing is already now prohibited. And in June, the Mid-Atlantic Fishery Management Council voted to protect 38,000 square miles of marine habitat in order to protect deep-sea corals.

A marine monuments designation, in contrast, would nullify these existing management actions, and deny the public any input into what new restrictions might, or should, be enacted. “Instead, it all becomes purely political,” says Jim Donofrio, the RFA’s Executive Director. “Whoever has the most influence on the administration and the president will get what they want in the way of restrictions in these areas. This is no way to manage our publicly-owned marine resources. We already have a transparent process via the Magnuson-Stevens Act. It’s certainly not perfect, to be sure, but it at least allows for public participation.”

Read the full story at Making Waves, the official publication of the Recreational Fishing Alliance