Virginia Saltwater Fishing

On November 16, 2009, NOAA issued a statement about the outcome of the annual meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT) meeting in Brazil.

STATEMENT

“As a member of ICCAT, the United States entered this meeting seeking the strongest possible agreement for the conservation of the eastern Atlantic and Mediterranean bluefin tuna,” said Dr. Jane Lubchenco, under secretary of commerce for oceans and atmosphere and NOAA administrator.

The ICCAT agreement on eastern Atlantic and Mediterranean bluefin tuna is a marked improvement over the current rules, but it is insufficient to guarantee the long-term viability of either the fish or the fishery. While we are disappointed that the total allowable catch is not lower, we strongly support the commitment to set future catch levels in line with scientific advice, shorten the fishing season, reduce capacity, and close the fishery if the stocks continue to decline. We remain committed to pursuing every legitimate avenue to recover Atlantic bluefin tuna and ensure their long-term survival.

Dr. Rebecca Lent, director of the Office of International Affairs at NOAA’s Fisheries Service and the head of the U.S. delegation at ICCAT said, “Negotiations were extremely challenging this year at ICCAT. The United States sought a package of measures for eastern Atlantic and Mediterranean bluefin tuna that would halt overfishing and provide for rebuilding by 2023 with a high probability of success. The science indicates that a total quota level of 8,000 metric tons or lower would have achieved that. While I am pleased with the commitments for significantly lower quotas next year, I am disappointed that parties did not take immediate measures to significantly reduce the quota for the 2010 season.”

Importantly though, under U.S. leadership in the Compliance Committee, ICCAT made unprecedented progress and held countries accountable for compliance infractions through formal identifications. These identifications can be the basis for future sanctions and are intended to, among other things, help reduce illegal fishing and improve submission of fishing data, which is crucial for scientific projections. In addition, ICCAT adopted a U.S-sponsored framework for presentation of future scientific advice that will facilitate the use of a precautionary management approach.

Background:

This year, as in years past, U.S. negotiators sought a suite of management measures that would end overfishing and help rebuild stocks of Atlantic bluefin tuna. Over the past decade, countries that fished in the eastern Atlantic and Mediterranean did so at two to three times the sustainable level, causing a significant and rapid decline in the stock.

At its annual meeting, which ended late Sunday November 15, ICCAT adopted the following agreements:

ICCAT has agreed to a total allowable catch limit of 13,500 metric tons for eastern Atlantic Mediterranean bluefin tuna, down from the 2009 limit of 22,000 metric tons. Importantly, this measure also commits to a science-based catch level for 2011 to 2013 with a 60 percent probability of rebuilding the stock to healthy levels by 2023, lengthens the existing purse seine fishing closure for 30 days during the critical spawning period, freezes all joint fishing operations to enhance compliance, and commits to reducing fishing capacity.

ICCAT adopted a science-based rebuilding program for northern albacore tuna intended to rebuild the stock within 10 years and strong conservation and management measures for Bigeye tuna that reduces harvest levels in line with scientific advice.

ICCAT adopted a binding measure to prohibit retention of bigeye thresher sharks which are considered highly vulnerable by scientists.

ICCAT lowered the quota for North Atlantic swordfish to 13,700 metric tons to comply with scientific advice and extended the allocation arrangement that was previously in place. As part of this measure, the United States and Canada committed to develop a joint scientific program to examine ways to reduce sea-turtle bycatch in the swordfish fishery. Results will be presented at the 2010 ICCAT meeting.

ICCAT adopted a new process for providing scientific advice that will give managers clear information on the levels of risk and the timeframes involved in meeting fisheries management goals. This is a key step towards better incorporating precautionary and science-based management approaches.

source: NOAA press release

In a 40-page legal challenge submitted before the U.S. District Court of New Jersey on November 4, the Recreational Fishing Alliance (RFA) and industry allies have officially brought legal action against the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NMFS), and U.S. Secretary of Commerce Gary Locke due to the recent recreational closure of the Atlantic recreational black sea bass fishery.   The challenge contends that the recent closure is not only unprecedented for a fish whose stocks are considered rebuilt and not overfished, but that the action is also based upon “misapplication and misuse of a fatally flawed angler survey which NMFS itself has acknowledged is not to be used for this type of decision.”

Filed for a dozen specifically named plaintiffs, the official complaint for declaratory and injunctive relief requested expedited consideration in hopes of reversing the six-month sea bass closure as quickly as possible on behalf all saltwater anglers and fishery dependent businesses.  According to Capt. Tony Bogan, plaintiff of the United Boatmen, the recent closure of sea bass is only a part of legal equation.  “This goes way behind sea bass,” Bogan said of the legal argument, adding “it addresses the potential action by NMFS in the future to arbitrarily close fisheries on a whim or because of survey trends or ideology.’

By closing a recreational fishery based on the fatally flawed recreational survey (MRFSS), the suit contends that the government violated numerous provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the Regulatory Flexibility Act, the Administrative Procedure Act, and National Standard guidelines issued by NMFS.  Additionally, it charges the defendants with ignoring countervailing information and for failure to consider less severe alternatives.  “As a result of defendants’ actions, and failure to comply with the law, the Plaintiffs have suffered, and will continue to suffer, immediate, substantial and irreparable harm, for which there is no adequate remedy at law, and for which they seek expedited relief.”

Herb Moore, Jr., RFA co-counsel said the disregard for the spirit and intent of the Magnuson Stevens Act is one thing, but the clear disregard for the legal requirements of the federal fisheries law is something that leads him to be cautiously optimistic.  “These cases are very hard to win, but I think we’ve got some very strong arguments,” Moore said, adding “NMFS was extremely arrogant with their sea bass decision and we’re calling them out on this one.”  Moore charges that NMFS was very deliberate in their actions, explaining “they purposely chose an insular approach designed to block public scrutiny by claiming that they had good cause to waive prior notice and the opportunity for public comment.”

To view full legal challenge submitted on behalf of the recreational fishing community, visit the Recreational Fishing Alliance (RFA) homepage at www.joinrfa.org (see RFA Legal Defense Fund – The Fight For Angler’s Rights.)  Anglers and business owners interested in joining the coalition and supporting the legal challenge are encouraged to look for the Donate button on the RFA homepage. Donations may also be mailed to:

RFA Legal Defense Fund
PO Box 3080
New Gretna, NJ 08224
A national, grassroots political action organization representing recreational fishermen and the recreational fishing industry on marine fisheries issues, the RFA is dedicating all checks made payable to the RFA Legal Defense Fund directly towards these legal efforts outlined above.  All donations will be tracked individually, from all groups and individual anglers.

As of the court filing date, $18,855 in donations have been collected towards the initial challenge, though the plaintiffs expect that the real fight is now set to begin.

“This is the beginning of the battle, not the ending by any means,” said Moore.

NOAA has awarded the Smithsonian Institution’s Environmental Research Center and several partner organizations $946,000 for the first year of an anticipated five-year, $5 million collaborative project to study the degradation of nearshore coastal habitats in the Chesapeake and Delaware Bays. Research will be used by environmental managers and local officials to better protect and restore these estuaries over the long-term, as well as plan for sea level rise and other consequences of climate change.

Invasive species, contaminants, excessive nutrients and sediment are just some of the many factors threatening sensitive wetlands and seagrass beds. An additional issue has been community efforts to “harden” shorelines by lining shores with bulkhead, rock, or rubble to try to protect adjoining lands against erosion and sea level rise. These structures can threaten the health of living shorelines, such as wetlands and marshes. This project will look at the combined effects of these multiple stresses on nearshore habitats and their dependent species.

“These habitats, which are nursery and feeding grounds for so many species, have typically been managed in a piecemeal, parcel-by-parcel fashion and are slipping away in areas of heavy development,” said Robert Magnien, Ph.D., and director of the NOAA National Centers for Coastal Ocean Science’s Center for Sponsored Coastal Ocean Research, which awarded the grant. “Developing scientific information that ties multiple species and their environment will be used to advance management approaches.”

The Smithsonian Institution’s Environmental Research Center will lead a team of investigators from the Virginia Institute of Marine Sciences, the University of Maryland Center for Environmental Science, the Maryland Department of Natural Resources, the University of Delaware, Pennsylvania State University, and the United States Geological Survey. Area coastal managers are also part of the research team and will provide input. Program managers from NOAA’s National Ocean Service will provide oversight.

The research supports President Obama’s Executive Order for Chesapeake Bay Protection and Restoration, which specifically calls for strengthening scientific support for decision-making to protect and restore living resources and water quality of the Chesapeake Bay and its watershed. It also relates to a major goal of the Mid-Atlantic Governor’s Agreement and multi-state Chesapeake Bay Agreement to preserve, protect and restore habitats and natural areas that are vital to the survival and diversity of the living resources of the Bay.

Agencies such as the Environmental Protection Agency, the Army Corps of Engineers, the Chesapeake Bay Foundation, Virginia Marine Resources Commission and the NOAA Chesapeake Bay Office will utilize information resulting from this research. In a letter of support for the proposed research, Rich Batiuk of the EPA said that this program will “address critical issues related to habitat degradation, invasive species, and shoreline hardening. All of these ecosystem impacts are recognized in the Chesapeake 2000 agreement, and therefore are critical concerns to Chesapeake Bay Program partnership.”

“Developing the science for understanding the combined effects of shoreline hardening on water quality, underwater grasses, fish and shellfish will help support policy for accelerating Bay restoration,” stated Maryland Department of Natural Resources Secretary John Griffin. “Maryland is firmly committed to making management decisions based on sound science. This project will provide the practical information for driving wetland restoration and managing development in Maryland’s critical areas.”

The mid-Atlantic region is only one area where shoreline hardening is seen as an important issue. The results of this research can potentially be extrapolated to hardened shorelines in other coastal states.

The Smithsonian Environmental Research Center leads the nation in research on linkages of land and water ecosystems in the coastal zone and provides society with knowledge to meet critical environmental challenges in the 21st century.

source: NOAA press release

The Fall 2009 issue of the NOAA in the North Atlantic e-newsletter is now available online. This issue includes articles on:

* NOAA’s response in New England red tide
* The latest on the Chesapeake Bay Executive Order
* Recovery of the “Mariner Shuttle”
* Announcement of ocean observing funding
* GFDL research on increasing hurricanes in the Atlantic

The newsletter is available online at:

http://www.ppi.noaa.gov/PPI_Capabilities/north_atlantic.html

For more information, contact Nicole.Bartlett@noaa.gov.

source: NOAA Fish News

Effective Monday, October 5, 2009, NOAA Fisheries Service is closing the recreational fishery for black sea bass. The closure applies to all federal waters north of Cape Hatteras, N.C., for 180 days in response to recent landing data that showed recreational fishermen may catch more than double their annual quota by the end of the year.

Landings data and scientific analyses show recreational fishermen may exceed their 1.14 million pound harvest limit by as much as 84 to 225 percent warranting the closure. The recreational harvest in 2009 could exceed the entire total allowable catch for commercial and recreational fisheries combined if left unchecked.

NOAA has joined with private industry and conservation groups to launch Whale SENSE, a new voluntary program that encourages whale-watch tour operators from Maine to Virginia to practice responsible viewing. The program will also recognize businesses that discourage the harassment of whales in the wild and promote good stewardship.

The program was developed by NOAA’s National Marine Fisheries Service’s northeast region and Stellwagen Bank National Marine Sanctuary in partnership with the Whale and Dolphin Conservation Society, and several New England commercial whale watching companies.

The United States has the largest whale watching industry in the world and whale watch vessels often play important roles in reporting and standing by injured, sick, entangled or ship struck animals until help arrives. All whales are protected under federal laws, including the Marine Mammal Protection Act, that safeguard them from being injured, killed, or harassed and having their important natural behaviors interrupted.

“Tour companies in the Whale SENSE program that prioritize education and responsible whale watching could be very attractive to potential customers who spend quite a lot to view these animals in their natural habitat,”said Allison Rosner, a biologist with NOAA’s Marine Fisheries Service Office of Protected Resources and NOAA program coordinator for Whale SENSE.

According to a recent report from the International Fund for Animal Welfare, the whale watching industry contributed nearly $1 billion to the nation’s economy in 2008.

“Whale watching in this region is an important part of the local economy,” said Regina Asmutis-Silvia, senior biologist for the Whale and Dolphin Conservation Society. “It must be done responsibly to keep from accidentally injuring or harassing the animals while they engage in vital behaviors like nursing, feeding, or resting.”

Program coordinators say Whale SENSE will recognize companies with good stewardship practices, promote high standards of education, and harness their ability to encourage others to care about whales and practice responsible viewing themselves.

To become a Whale SENSE participant, company vessel operators and the naturalists who narrate tours, are required to attend annual training on safe operations and whale ecology. Through these workshops, companies learn more about passenger education, whale watching guidelines and regulations, and good marine stewardship practices. Once a participant company has completed the program, it is granted full use of the Whale SENSE logo and becomes listed on the Whale SENSE website.

Massachusetts-based Hyannis Whale Watcher Cruises, Dolphin Fleet, and Massachusetts Bay Lines, are among the first companies to participate in Whale SENSE.

“We believe it is the responsibility of the whale watching industry to set higher standards for safe navigation around the whales, as well as educating the public in their understanding of the marine life and how humans affect these habitats,” said Steve Milliken, owner of the Dolphin Fleet. “We think it is important to do more than simply watch whales. We have to protect them, too.”

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.

source: NOAA press release

A FREE printable 2009-2010 calendar from NOAA features images of American seafood and commercial fishing.

Download the calendar at: http://www.nmfs.noaa.gov/docs/2009_2010_calendar.pdf

NOAA Fisheries Service is continuing emergency measures to reduce the target total allowable catch and associated days-at-sea allocations in the Atlantic deep-sea red crab fishery, based on recent scientific information.

The red crab stock was assessed by the Data Poor Stocks Working Group in the fall of 2008, and a final report published in January 2009 indicates that the current estimate of maximum sustainable yield for red crab is no longer reliable.

This extension of the emergency rule is intended to prevent unsustainable fishing of red crab while the New England Fishery Management Council develops management measures to address the new assessment results.

For more information, read the Federal Register notice or contact Moira Kelly at 978-281-9218.

source: NOAA Fish News

NOAA Administrator Dr. Jane Lubchenco has committed to take a fresh look at NOAA’s relationship with the angling community. “Saltwater recreational fishing is among the most popular outdoor sports in America with anglers representing one of NOAA’s largest organized constituencies. Not only are anglers stewards of our ocean, they contribute greatly to the economic vitality of our coastal communities,” said Lubchenco. “For these reasons, I believe it is in NOAA’s best interests to adopt polices and practices that will protect ocean ecosystems and ensure one of America’s most treasured pastimes endures for future generations.”

As a first step, Dr. Lubchenco will create a new position of senior policy advisor for recreational fishing that will report directly to the assistant administrator for NOAA Fisheries and be charged with addressing the interests of the recreational community. A recreational fishing summit will provide a forum to identify issues of concern and possible solutions. This national meeting will be followed by a series of joint problem-solving roundtables to identify roadblocks to an improved relationship and to design reasonable solutions. NOAA’s Marine Fisheries Advisory Committee will be asked to organize and provide authoritative and comprehensive national policy advice from marine recreational stakeholders.

For more information, contact NOAA Communications and Legislative Affairs at 202-482-4640.

source: NOAA Fish News