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Magnuson Management and the
Commercial Fishing Industry
by Nils Stolpe

For information about the February 24 Rally in Washington

The Save the Summer Flounder Fishery Fund has information on charter bus pickup locations for the February 24 rally in Washington, DC on the website at http://ssfff.net/
marchondcticketsdirections.html. You can also download a printable flyer for the rally at the site.

The petition

For updates on the petition and the DC Rally

Artificial Reef Legislation Fails in 2007
During the last few months Garden State Seafood Association staff, with help from the fishing industry, has been communicating with New Jersey's State Legislators regarding our concerns over bill S-2635. This legislation would have eliminated historical commercial fishing on artificial reefs in States waters. On Monday January 7, 2007, the last day of the legislative session, the State Assembly chose not to vote on S-2635 marking the end of the 2007 legislative session. In our opinion the New Jersey Assembly has sent a clear message to the recreational fishing community that there needs to be room for a compromise when it comes to NJ's artificial reefs. Artificial reefs were supported and funded by both the recreational and commercial sector and so any conflict that may arise should be solved by both sectors and in an equitable manner. We hope to resolve this issue with the assistance of the Department of Environmental Protection.

Monkfish: Representatives of the Garden State Seafood Association and the Monkfish Defense Fund have been deeply involved in monkfish management for the past six years. In that time, in very large part due to their efforts, the fishery has progressed from being on the brink of a total closure to the point where it is today: not being overfished. It has taken a concerted effort on the art of the GSSA and the MDF, focused on a series of cooperative trawl surveys and working with the managers to complete a new stock assessment (in the summer of 2007) to accomplish this, but our efforts have been rewarded with an open fishery and with stocks which are now recognized to be in as good shape as the fishermen have been assuring the managers they were in initially.

Fisheries Finance Program Remains Funded
After months of hard work GSSA staff were successful at communicating the importance of the Fisheries Finance Program (FFP). The FFP is a long-term, competitive loan program managed by the NMFS and available to US commercial fishing vessel owners, shore side seafood processors, and aquaculture operations. The Traditional Loan component of the FFP, funded at $59.0M for 2008, allows commercial participants to refurbish fishing vessels and improve shore side plant facilities and to finance aquaculture operations. The program contains a statutory requirement that fishing capacity may not be increased using FFP funding.

Omnibus Appropriations bill for Fiscal Year 2008
Due to the efforts of NJ Senators Lautenberg and Menendez, Congress made available $1.339M in federal funding for the purposes of conducting an industry-NMFS cooperative trawl survey ($1.25M) targeting monkfish from Maine to North Carolina in 2008. The 2008 survey will be the 3^rd and final cooperative survey conducted during the past 9 years with the first two surveys in 2001 and 2004. The information from these cooperative surveys provides estimates of total monkfish stock biomass and fishing mortality rates and is used directly in the stock assessment process. The remaining portion of the funding ($89,000) will be used to support on going efforts by Rutgers University scientists to assess migratory patterns of important commercial and recreational fish species along the East coast.

Update Directory

ASMFC Annual Meeting
Annapolis, MD
ASMFC Meeting Information
more >>

Viking Village

Lund's Fisheries

Atlantic Capes Fisheries

National Fisheries Institute

LETTERS TO SENATORS

Calls to action and a thank you

IndustryNews

RSS Newsfeed for
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Council Meeting in Cambridge, MD
February 9-11, 2010

The public is invited to attend the Mid-Atlantic Fishery Management Council's January 2010 meeting to be held at the Hyatt Regency Chesapeake Bay Resort, 100 Heron Blvd at Route 50, Cambridge, MD 21613 (telephone: 410-901-1234). Below is the meeting agenda. NOTE: Log onto www.ustream.tv and type mafmc in the search block to view and listen to the meeting. more >

Area fishermen fear cuts in 2010 scallop harvest

By RICHARD DEGENER Staff Writer - Atlantic City Press
Posted: Wednesday, January 13, 2010

LOWER TOWNSHIP - Icicles were hanging off the scallop boat Sea Quest as it came to port at the Lobster House dock after four days at sea.

Fishing for scallops 45 miles east of Atlantic City in January was brutally cold, but Sea Quest Capt. Jim Clarke had more on his mind than the weather.

Clarke’s problem is a new management plan that would slash catches by about 25 percent in the next fishing season, which begins March 1 and runs through February 2011.

From North Carolina to Maine, commercial fishermen have been protesting the proposed cutback, banding together under a group called the Fisheries Survival Fund. The group, which represents scallop fishermen, has been fighting the proposed cut since November. Just this week, the group achieved a measure of success when the New England Fishery Management Council agreed to revisit the issue. more >

Preserve Fishing Coalition announces 800 signatures on "Fix Magnuson Now" in first 24 hours
The text of the Preserve Fishing Coalition release is presented below...

Fix Magnuson Now is the title of the introductory page to a petition posted on the internet by an ad hoc group of 14 leaders of the recreational, commercial and party/charter fishing sectors called the Preserve Fishing Coalition. Intended to reinforce the message that will be taken directly to Congress on the steps of the US Capitol in Washington on February 24th by fishermen from around the country, the petition is in the form of a letter to the twenty-six House Members and two Senators who are sponsoring The Flexibility in Rebuilding American Fisheries Act of 2009, legislation introduced by Congressman Frank Pallone (HR 1584) and Senator Charles Schumer (S 1255). The Act will allow managers some much needed discretion in determining what are now arbitrary and unnecessarily rigid stock rebuilding timelines.
The letter thanks these legislators for their continuing support of fishermen and the businesses that depend on them and for taking what will be a critical step in the process of allowing independent fishermen and women to once again resume significant roles in the fisheries management process.
It also recognizes the part that multi-billion dollar philanthropic foundations with strong corporate connections have played in inflicting massive and unnecessary damage on fishermen, fishing businesses and fishing communities, in marginalizing in the media and the management process those that are still holding on, and of undermining the original intent of the Magnuson Act, which was to balance the inadequacies of the science underlying fisheries management with the on-the-water experience of working fishermen.
The letter ends “the increase in our seafood trade deficit, which went from $6 billion in 2000 to $9 billion in 2008 and is still rising, is in the largest part due to the unnecessarily harsh and inflexible management regime that is now afflicting our fishermen.”
By 3:00 pm on Tuesday the petition had been signed by well over 800 fishermen and associated businesspeople from Alaska to Maine. It will remain on the web at http://fs16.formsite.com/FixMagnusonNow/form793561462/ until the Washington rally. Anyone who fishes or who owns, operates or is employed by a fishing dependent business is encouraged to visit the site.
Updates on the petition and the Washington rally will be available at the Commercial Fishing – the Rest of the Story blog at http://fishnetlite.blogspot.com/.

"The Times They Are a-Changin' - by Nils Stolpe
Fishermen have finally concluded that it’s time for long overdue changes, and that the place to go is Congress.

It’s been a long time coming, but it appears as if a critical number of fishermen have finally reached the conclusion that the way things are heading, there’s not going to be an acceptable fishing future for any of us, that it’s time for some long overdue changes, and that the place to effect those changes is in Congress.
It’s really difficult to identify all of the major factors responsible for this, but among them I’d list the excessive and in-your-face obvious influence on the Obama Administration’s NOAA/NMFS by foundations with a long track record of actions inimical to fishermen, the looming crisis (of management, not of fish) in the New England groundfish fishery, the sorry state of the economy for us mere mortals who haven’t benefitted and won’t benefit from any bail-out $billions, massive fishery closures or cutbacks without adequate science behind them, an ongoing investigation of what appears to be institutionalized strong-arm tactics in the federal fisheries enforcement branch, and most importantly, the unnecessary and incessant erosion of our ability to fish – either recreationally or to earn a living – by a management system that is focused solely on the fish and that we as fishermen are now effectively isolated from."

(For the rest of the column, go to http://www.savingseafood.org/columns/the-times-they-are-a-changin-by-nils-stolpe-2.html)

Richard Degener's series A Life at Sea, A Life at Risk in the Press of Atlantic City

Press of Atlantic City

House approves extension of water discharge rule exemption for commerical fishing boats
By DANIEL WALSH Staff Writer |
Posted: Tuesday, November 24, 2009

LOWER TOWNSHIP - U.S. Rep. Frank LoBiondo and local fishing companies on Tuesday praised a possible extension of small fishing vessels' exemption from new environmental regulations on ships' water discharges at sea.
LoBiondo, R-2nd, helped secure the House's passage of a three-year delay of new environmental regulations covering the incidental discharge of various forms of water from fishing vessels less than 79 feet.
If the Senate and President Barack Obama pass the law, Congress would have until 2013 to establish a uniform federal standard. Currently, 28 states have rules in addition to the federal regulations, LoBiondo said, and that causes problems for fishing companies who cross into different states' waters.
"We have the fourth-largest commercial seaport in the nation, so it's a big deal for us," LoBiondo said Tuesday during a news conference at Lund's Fisheries in Lower Township.
Local fisheries say the delay is necessary because they otherwise would be forced to retrofit their vessels with relatively little notice. Most of their ships have equipment that automatically pumps out bilge water that seeps into the boat during voyages. Without removing that water, owners say, their boats could sink.
"We've been doing it for 35 years this way," said Wayne Reichle, owner of Lund Fisheries. "Why change it now?"
Historically, fishing vessels' water discharges have not been regulated. In 1996, Congress directed the U.S. Coast Guard to focus on the water within ships out of concern for invasive species, such as zebra mussels, slipping into U.S. waters and wiping out native populations.
Seven years later, three environmental groups from the Pacific Northwest sued the U.S. Environmental Protection Agency, demanding the agency regulate water discharges because they felt the Coast Guard was not doing an adequate job. With legal help from the Stanford University Environmental Law Clinic, they won their case in 2006 and an appeal two years later, forcing the EPA to initiate regulation of the vessels late last year.
Congress passed a two-year exemption for some vessels, however, which meant they would not be regulated until July 2010.

A fishing vessel discharges bilge water Tuesday at Atlantic Cape Fisheries in Lower Township, Cape May County. U.S. Rep. Frank LoBiondo announced Tuesday that the House passed a three-year extension of small fishing vessels' exemption from federal water discharge rules.

Photo by: Staff photos by Dale Gerhard

The additional extension touted by LoBiondo, the ranking Republican on the House Coast Guard and Maritime Transportation Subcommittee, would give Congress until 2013 to figure out how best to do that.
"If not for the exemption, EPA would have issued a general permit to prescribe best management practices to control the discharge," said Ryan Albert, an environmental scientist with the EPA.
The EPA did not have the time do the research necessary to adequately detail those best practices, Albert said. So the extension gives them that time.
Still, fishing companies fear additional state rules on their water discharges. Under the federal Clean Water Act, states have the right to add more restrictive laws than those at the federal level. New Jersey proposed doing that in September 2008, forbidding the discharge of any bilge water or water from dish and clothes washing - known as "graywater" - into or near state waters.
On Jan. 26, LoBiondo contacted Mark Mauriello, the DEP's acting commissioner, urging him to remove those prohibitions. New Jersey regulators agreed to do so the very same day, according to DEP and congressional documents. DEP spokeswoman Karen Hershey said the agency now has no role in the regulation of vessels' discharges.
The potential for more state rules, however, has rankled fishing companies and LoBiondo, who described it as "devoid of common sense."
Sam Martin, of Atlantic Capes Fisheries, said the existing setup works just fine.
"The Coast Guard already does everything that needs to be done," Martin said.
Reichle and Martin said they were concerned the new rules would go so far as to forbid rainwater or washes from waves from landing on ships. After all, they say, that is in part what creates the bilge water.
Those who brought the lawsuit that initiated the new rules say such claims are exaggerations. Nina Bell, a spokeswoman for Northwest Environmental Advocates, one of the original plaintiffs, said the federal regulations are a logical approach to preventing water pollution and the release of invasive species into U.S. waters.
"I find it amazing that people continue to grossly exaggerate the standards of the Clean Water Act," Bell said. "It's fear-mongering."
Contact Daniel Walsh:
856-649-2074
DWalsh@pressofac.com

Council and Board Set 2010 Specifications
The Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission's (ASMFC) Summer Flounder, Scup, Black Sea Bass, and Bluefish Boards (Board) met in Alexandria, VA last week and achieved consensus on their recommendations regarding proposed fishing regulations for 2010. The table below summarizes those recommendations:
FOR IMMEDIATE RELEASE PRESS CONTACT: Kathy Collins August 12, 2009 (302) 674-2331 x14
Summer Flounder
Scup Black Sea Bass Bluefish
Total Allowable Landings (millions of pounds)
22.13 13.50
2.30 29.26
Commercial Quota
13.28 10.53 1.13 4.97
Minimum Mesh Fish Size Size
(TL)
14" 5.5" 9" 5.0" 11" 4.5"
--- ---

Recreational Harvest Limit
8.85 2.97 1.17 24.29
Research Set-Aside Quota (in pounds)
up to 3% up to 3% up to 3% up to 3%
The Council and Board voted to increase the 2010 summer flounder total allowable landings (TAL) to 22.13 million pounds, an increase of 3.68 million pounds when compared to the 2009 quota level. This would yield a commercial quota of 13.28 million pounds and a recreational harvest limit of 8.85 million pounds for the 2010 fishing year if approved by National Marine Fisheries Service (NMFS). This recommendation was consistent with the Scientific and Statistical Committee's (SSC's) acceptable biological catch (ABC) recommendation.
For the 2010 scup fishery both the Council and Board recommended a TAL of 13.50 million pounds, an increase of 2.32 million pounds when compared to 2009. The commercial sector would have a quota of 10.53 million pounds and the recreational sector would have a harvest limit of 2.97 million pounds. This recommendation was consistent with the SSC's ABC recommendation.
For the 2010 black sea bass fishery it was recommended by both the Council and Board that the TAL remain at the status quo level, i.e., 2.30 million pounds. This recommendation provides for a commercial quota of 1.13 million pounds and a recreational harvest limit of 1.17 million pounds. This recommendation was also consistent with the SSC's ABC recommendation.
The Council and Board adopted a TAL of 29.26 million pounds for bluefish for 2010 which is a small decrease from the 2009 quota of 29.36 million pounds. Under the current fishery management plan (FMP), the commercial fishery would be allocated 4.97 million pounds and 24.29 million pounds would be allocated to the recreational sector. Later this year when recreational landings are available, a transfer from the recreational sector of up to 5.39 million pounds could occur which would increase the commercial sector's initial TAL of 4.97 million pounds. In recent years recreational landings have increased, but the overall TAL for the fishery has not been exceeded. This TAL recommendation was consistent with the SSC's ABC recommendation.
For all four species addressed during this specification meeting, a Research Set-Aside (RSA) quota of up to 3% was approved for each 2010 fishery. RSA quota allocations will reduce the above TALs and related allocations, and will be adjusted as appropriate for 2010 prior to the start of the new fishing year.
While addressing the Omnibus Amendment for Annual Catch Limits (ACL) and Accountability Measures (AM), the Council discussed management alternatives to establish ABCs, ACLs, and AMs for each of the Council's FMPs' species. Staff and the Fishery Management Action Team (FMAT) for this Amendment will continue to develop various alternatives for species committee review later this year.
The Council voted to include the following Gear Restricted Areas (GRA) to be included as Marine Protected Areas (MPA): Scup Northern and Southern GRAs; and Tilefish GRAs in Oceanographer, Lydonia, Veatch, and Norfolk Canyons.
The Council voted to begin the scoping process for Amendment 14 to the Squid, Mackerel, and Butterfish FMP. This Amendment will address river herring monitoring and/or mortality reduction strategy, and catch shares for the Loligo and Illex fisheries. The Council also reaffirmed May 20, 2003 as the Loligo control date.
The Council approved the 2011 RSA program research priority list. It also agreed that the list will now be designated for multi-year periods to facilitate development of multi-year NEPA and ESA analyses which will help expedite future RSA awards. The Council will continue to have the ability to add priorities during this interval. In anticipation of completion of a NMFS programmatic review of all four northeastern RSA programs, the Council has directed staff to initiate development of a framework process to address exempted fishing permit issues that have come to pass during the review process.
The Council voted to split Amendment 5 to the Monkfish FMP so that ACLs, AMs, specifications, and trip limit adjustments only are included in Amendment 5. All other management measures and actions recommended by the Plan Development Team (PDT) are to be deferred to the next management action for monkfish. The Council also agreed to write a joint letter with the New England Council to NMFS in support of the Monkfish Oversight Committee's request for NMFS assistance in developing a catch share management program in the next monkfish management action.
During this meeting, the Council received a report from Dr. Weinberg of the Northeast Fisheries Science Center regarding the 48th Stock Assessment Review which included Ocean Quahogs and Tilefish. The Council also received an update on US Coast Guard Activities in the 5th District by its new Commander, Rear Admiral Wayne Justice. Lieutenant Commander Tim Brown of the 5th Coast Guard District gave a presentation regarding Vessel Stability. The Council also received a presentation given by Karyl Brewster-Geisz of NMFS Highly Migratory Species Division regarding the proposed rule for Amendment 3 to the Consolidated Atlantic Highly Migratory Species (HMS) FMP. The comment period for Amendment 3 closes on September 25, 2009 and the Council will develop and provide comments on this Amendment prior to the closing of the comment period.
The Council approved forwarding comments to the National Marine Fisheries Service regarding its Proposed Rule concerning its Sea Turtle Strategy. The Council also agreed to develop a letter to NMFS transmitting the Council's multi-year research priorities for 2010-2014. The meeting served as a forum for the following committees to conduct business during this Council meeting: Protected Resources; Research Set-Aside; Ecosystems and Ocean Planning; Bycatch and LAPP; Squid, Mackerel, Butterfish; and, Executive Committees.
Departing Council members received thanks and appreciation from their colleagues at a recognition dinner in their honor during the August Council meeting held in Alexandria, VA (From Left to Right: Dennis Spitsbergen of NC with Chairman Rick Robins and Executive Director Dan Furlong; Laurie Nolan of NY with Chairman Rick Robins and Executive Director Dan Furlong; Jeff Deem of VA with Chairman Rick Robins and Executive Director Dan Furlong; and, Ed Goldman of NJ with Chairman Rick Robins).
The Mid-Atlantic Fishery Management Council is seeking nominations for its annual Fishery Achievement Award. This award recognizes individuals, entities, and fishermen in the Mid-Atlantic region who exhibit professionalism, diligence, and effort to protect the living marine resources through partnership, public education, and enforcement actions. Anyone can submit a nomination and any person or organization can be nominated. The Council will accept nominations for the 2009 award through September 30, 2009. The Council will evaluate nominations during its October 2009 Council meeting and present the award at its December 2009 or February 2010 meeting. To receive a copy of the nomination form, visit the Council’s website at: www.mafmc.org. Printed copies of the nomination forms are also available by contacting Kathy Collins at 302-674-2331, Extension 14.

Tour and Information on State’s Recovering Oyster Stock

WHO: Dr. Eric Powell, Director Haskins Shellfish Research Laboratory

Hon. Douglas Fisher, Secretary of Agriculture

Senator Jeff Van Drew

Assemblymen Nelson Albano & Matt Milam

Todd Reeves, Plant Manager Harbor House Seafood and

James Tweed, Director of Oyster Aquaculture Atlantic Capes Seafood

WHAT: A tour of the Harbor House shucking operation followed by information on the revitalization of the Delaware Oyster and discussion of the opportunities and obstacles facing the industry.

WHEN: October 1, 2009 – 12:00 p.m.

WHERE: Harbor House Seafood - 2601 Ogden Ave, Port Norris, NJ 08349

WHY:

Fiscal Year 2007 harvest in Delaware Bay reached $90 million.
For every $1 invested in the oyster stock a $40 return is realized.
NJ Oyster Industry 2008 harvest was the 3^rd highest since the mid 80s.
The State’s lack of funding may threaten the industry’s future.

HOW: Thanks to State investments, since 2005, over 2.1 million bushels of clam and oyster shells have been strategically placed and planted by the Haskins Shellfish Research Laboratory and the Delaware Bay Oyster Restoration Task Force. It has done so to achieve three objectives: revitalize New Jersey’s oyster economy, enhance survival by providing clean shell to which juvenile oysters can attach and grow, and maintain the ecology of the bay by sustaining oyster reefs that would otherwise degrade over time due to natural processes.

Guilty until proven innocent (from http://www.savingseafood.org

Ask law enforcement officers whether they thought that the people who were issued summons were guilty, regardless of whether the summons resulted in a penalty of any sort or not. What are the odds that the majority of responses would be that the recipients of the summons were guilty, regardless of the outcome? Common sense and human nature argue that it would be pretty high – that’s why we have judges, courts, trials, hearings and such. more>>

New net timer could save sea turtles from drowning

By JAY LINDSAY, Associated Press Writer
Sat Jun 20, 11:59 am ET
BOURNE, Mass. – Fishery managers trying to protect rare sea turtles from dying in fishing nets have tapped a Cape Cod company to build a device they think can help balance turtle protection with profitable fishing.

The "tow-time logger" is a 7-inch, silver cylinder that attaches to fishing nets and records how long the net stays underwater.

That time is crucial if a turtle gets snared in the nets dragged behind fishing trawlers. Federal research indicates the vast majority of sea turtles survive entanglement — but only if the net is pulled up in less than 50 minutes. for the whole article, click here....

Three Amendments Gaining Momentum

The Mid-Atlantic Fishery Management Council (Council) and eight of its Committees met in Galloway, New Jersey on February 11-13, 2009. In addition to addressing future amendment actions, the Council also convened a public workshop on bycatch reduction in the Loligo squid fishery.

For the Omnibus Annual Catch Limits (ACL) / Accountability Measures (AM) Amendment, the Council voted to have staff develop and compile options for all Council managed species, and create a scoping document prior to meeting again with the ACL / AM Committee. The Council also voted to remove the ACL / AM issue from Amendment 11 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) and Amendment to the Surfclam and Ocean Quahog FMP as these issues will now be included in the Omnibus ACL / AM Amendment.

The Squid, Mackerel, and Butterfish Committee met and finalized the range of alternatives to be considered and analyzed for Amendment 11 to the Atlantic Mackerel, Squid, and Butterfish FMP. Amendment 11 addresses: 1) Cap fishing capacity in the mackerel fishery, 2) Update Essential Fish Habitat (EFH), 3) Mitigate gear impacts on Loligo egg EFH, 4) Establish ACLs / AMs, and, 5) Avoid at-sea processing problems. Several changes / additions were made including: finalizing EFH alternatives; finalizing a range of caps on at-sea processing; adding an alternative that considers a lower Tier 3 threshold (10,000 pounds); removing ACL / AM alternatives; adding higher trip limits to the range of considered trip limits; and, adding an alternative that considers a simplified two category limited access system. The Council ratified the Committee's motions and voted unanimously to develop the Environmental Impact Statement (EIS) for Amendment 11. Barring delays, the Council anticipates adopting a draft EIS in April 2009 and conducting public hearings in the May / June 2009 timeframe.

A scoping session for Amendment 14 to the Surfclam and Ocean Quahog FMP was convened on the evening of Wednesday, February 11. Amendment 14 addresses six issues: 1) EFH update, 2) cost recovery, 3) annual catch limits (ACLs) and accountability measures (AMs), 4) ocean quahog overfishing threshold, 5) excessive shares, and, 6) data collection. The Council voted to remove issue 3 regarding annual catch limits and accountability measures, and include the remaining five issues in Amendment 14 for purposes of public hearing document development.

Dr. Paul Rago of the Northeast Fisheries Science Center (NEFSC) provided a report addressing Annual Discards for 2008 and Standardized Bycatch Reporting Methodology Priorities for 2009. The Council also received a report from Dr. James Weinberg of the NEFSC on the Northeast Data Poor Stocks Peer Review Meeting which included scup and black sea bass. The Peer Review Group concluded that scup is not overfished and overfishing is not occurring. The Peer Review Group also concluded that black sea bass is not overfished but overfishing is occurring.

The Council recognized James Donofrio with its 2008 Fisheries Achievement Award for his leadership, professionalism, and dedication in building a more engaged recreational community, a better educated recreational community, and a more solution-oriented recreational community.

To encourage early adoption of voluntary fishing practices to reduce butterfish bycatch in the Loligo squid fishery, there was a very well attended Public Workshop held during the Thursday session of the Council meeting. If NMFS approves Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish FMP, it would establish a butterfish bycatch mortality cap for the Loligo squid fishery in 2011. The participants discussed ways to mitigate against possible future closures of the Loligo fishery owing to attainment of the butterfish mortality cap. The Workshop helped identify current problems in the Loligo fishery and possible solutions. Suggestions for solving the butterfish bycatch issue included: better communication amongst fleet members, peer pressures to fish in areas devoid of mixed stocks, implementation of rolling gear restricted areas, gear technology improvements in nets and sensing devices, and other gear modifications.

The Research Set-Aside Committee convened a public fact finding and comment session on the Council's RSA program. The Ecosystems and Ocean Planning Committee received a report from Dr. Mike Fogarty on the Northeast Fisheries Science Center's recent efforts regarding development of an ecosystem based approach to fishery management.

The Council's Protected Resources Committee met with its Advisors to discuss an industry request to modify Bottle Nose Dolphin Take Reduction Team (TRT) Plan by adding one month to the current "tending requirement" period for medium gillnet fisheries. The Committee also discussed the Atlantic Trawl TRT strategy for pilot whales and common dolphin.

The Law Enforcement Committee met and discussed regulatory implications of transfer-at-sea authorizations, and monitoring of other than a daily trip limit in the party/charter boat fisheries.

The Garden State Seafood Association (GSSA) is comprised of commercial fishermen, shore-based processors, commercial dock facilities, seafood markets, restaurants, and various industry support businesses from New Jersey.

GSSA and Rutgers University staff will provide technical support and industry coordination to the NMFS Northeast Fisheries Science Center researchers in a program focusing on reducing incidental catch of butterfish in the directed Loligo squid fishery and in the analysis of data from the cooperative monkfish trawl survey.

After the on-board research is completed GSSA, in close coordination with the NEFSC Cooperative Research Program, will organize constituent workshops in the ports with large monkfish and squid landings to disseminate project results to the fishing industry and to elicit feedback from industry members on how to more effectively accomplish future cooperative surveys.

Industry workshops will gather useful information in an effort to address issues that were identified as a high priority by the Mid-Atlantic Fishery Management Council. The information that will be generated will be used by the Council to more effectively manage the squid fishery. The cooperative monkfish trawl survey, the third that has been undertaken since 2000, will extend a data series that has been critical in more accurately assessing the condition of the monkfish stock, allowing for its effective management.

Mid-Atlantic adopts butterfish cap for 2011

KILL DEVIL HILLS, NC – The Mid-Atlantic Fishery Management Council has approved a version of Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan that is likely to prompt changes in the traditional Loligo squid fishery.

During its Oct. 14-16 meeting here, the council signed off on the new proposed amendment, which has a primary goal of minimizing bycatch and bycatch mortality of butterfish in order to rebuild the butterfish stock.

Amendment 10 includes these proposed measures:

> A 2-1/8” minimum codend mesh requirement in the Loligo squid fishery during Trimesters 1 and 3 effective in 2010, which does not include the fishing circle mesh requirement that had previously been part of the proposal;

> A seasonally allocated cap on butterfish mortality in the Loligo fishery starting in 2011;

> A requirement that vessels give 72 hours notice to the National Marine Fisheries Service (NMFS) before leaving on a directed Loligo trip to allow for the placement of observers; and

> A provision directing the council’s scientific and statistical committee to review each year how the butterfish mortality cap program is working and make recommendations on any additional measures needed to rebuild the butterfish stock.

Amendment 10 now goes to NMFS for review, approval, and implementation.

Cap details

Under the butterfish mortality cap proposal, the Loligo fishery would be closed once a pre-specified amount of butterfish bycatch was harvested.

The council explained that the butterfish mortality cap on the directed Loligo fishery would be 75% of the butterfish allowable biological catch for a given year.

The total cap amount would be divvied up among the Loligo trimester quotas as follows: Trimester 1, 65%; Trimester 2, 3.3%; and Trimester 3, 31.7%.

“There would be no in-season closures in Trimester 2 due to the difficulties in tracking the relatively small bycatch amount allocated to the Trimester 2 Loligo fishery,” the council said.

However, any overages or underages of the 3.3% butterfish cap allocation during Trimester 2 would be deducted or added to Trimester 3, the council added.

And, if butterfish bycatch turned out to be more significant than planned for, the council said it could “activate the in-season closure mechanism for Trimester 2 in future years.”

Observers

In making its final decisions on Amendment 10, the council decided to drop a highly controversial industry-funded observer program that was included in the version of the amendment that went out for public comment this fall.

As a result, monitoring of butterfish bycatch will be based on existing levels of NMFS observer coverage. The council included a provision in Amendment 10 requiring all vessels to give NMFS 72 hours notice before heading out on a directed Loligo fishing trip to give the agency time to place observers.

Any vessel selected to take an observer will be required to do so if an observer is available. Vessels also will have to notify NMFS if a trip is canceled, and any vessel that cancels a trip after being selected will be assigned an observer for the next trip for which an observer is available.

"Fair shake"

Greg DiDomenico, executive director of the Garden State Seafood Association, spent several years working with the council on behalf of commercial squid fishermen during the development of this amendment.

While it's hard for many people to accept that butterfish stock rebuilding will be driving management of the squid fishery, DiDomenico said that, all in all, the industry had been heard.

"We didn't get GRAs (butterfish gear restricted areas) or a 3" codend," he said.

And the council agreed to put off the imposition of the butterfish cap until 2011 to allow the cap to be based on the latest stock assessment information, which is expected to become available in 2010.

"If the National Marine Fisheries Service (NMFS) implements this cap after a proper stock assessment, then that's the best we can do," DiDomenico said. "We got a fair shake from the council and the council staff."

He pointed out that the 2011 implementation is not a done deal, however, since the one-year delay "was not supported by the agency."

Up to industry

While waiting to see what the final rule from NMFS will be, DiDomenico was urging fishermen to work together to do what they can to reduce bycatch in the Loligo fishery.

"The time has come to focus our collective efforts and address the incidental catch of butterfish," he said in an e-mail to the industry. "Our goal should be to work within the limit of the amount of butterfish allocated to the 'cap' in a manner that allows us to catch the entire Loligo squid quota."

Among the ideas being suggested were: making shorter tows; reducing speed during haul backs; and increased communication among boats as to places to steer clear of in order to avoid butterfish bycatch.

"Ultimately, any change in fishing practices must come from within the industry, must be supported by the individual fishermen, and must be put into practice in the fishery," DiDomenico said.

Lorelei Stevens

SUMMARY: The Mid-Atlantic Fishery Management Council (Council), its Omnibus Annual Catch Limits/Accountability Measures (ACL/AM) Committee,
its Research Set-Aside (RSA) Committee, its Ecosystems and Ocean Planning Committee, its Squid, Mackerel, and Butterfish Committee, its Surfclam/Ocean Quahog Committee, and its Executive Committee will hold public meetings.

DATES: The meetings will be held on Tuesday, December 9, 2008 through Thursday, December 11, 2008. See SUPPLEMENTARY INFORMATION for specific dates and times.
http://edocket.access.gpo.gov/2008/E8-27225.htm

SUMMARY: NMFS proposes 2009 specifications and management measures for Atlantic mackerel, squid, and butterfish (MSB). This action proposes to maintain quotas for Atlantic mackerel (mackerel), Illex squid (Illex), and butterfish at the same levels as 2008, while increasing the quota for Loligo squid (Loligo). Additionally, this action proposes to increase the incidental possession limit for mackerel and requests public comment concerning the possibility of an inseason adjustment to increase the mackerel quota, if landings approach proposed harvest limits. These proposed specifications and management measures promote the utilization and conservation of the MSB resource.
http://edocket.access.gpo.gov/2008/E8-27225.htm

SUMMARY: NMFS publishes regulations to require operators of domestic fishing vessel with a freeboard of four feet or over to provide a U.S. Coast Guard-approved pilot ladder as a safe and enforceable means for authorized personnel to board fishing vessels in carrying out their duties under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Atlantic Tunas Convention Act, and other applicable fisheries laws and treaties. This action is necessary to provide for the safety of personnel boarding domestic fishing vessels, as current standards have proven to be inadequate. These final regulations establish a safer and more enforceable national standard for ladders used by authorized officers for boarding domestic fishing vessels subject to Federal regulation.
http://edocket.access.gpo.gov/2008/E8-27221.htm

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