Mfcn Spring 2007

Vol. 12, Issue 2 June 2007

NMFS Begins Rulemaking Process for Reauthorized Magnuson-Stevens Act

In this Issue... Letter from the Executive Director

2

New Network Staff

3

Network’s Annual Meeting

4

Fish Fest 2007

5

Pacific Update

6

Gulf of Mexico Update

6

Mid-Atlantic Update

7

South Atlantic Update

7

Calendar

8

~~~~~~ The Marine Fish Conservation Network (Network) is a coalition of more than 190 environmental organizations, commercial and recreational fishing associations, and marine science groups that advocates national policies to achieve healthy oceans and productive fisheries. Please visit: www.conservefish.org

In January of this year, President Bush signed the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) into law. The reauthorized legislation includes ambitious new requirements aimed at ending overfishing, strengthening the role of science in the fishery management councils, integrating National Environmental Policy Act (NEPA) compliance into decision-making, improving data and expanding research capabilities, establishing alternative funding sources, and more. The National Marine Fisheries Service (NMFS) is now beginning the rulemaking process to guide fishery managers how to implement the law. Top priority: End overfishing The most significant amendments to the Magnuson-Stevens Act are aimed at ending overfishing by setting enforceable annual catch limits for all managed fish stocks, accompanied by management measures to ensure accountability if fishery managers allow the limits to be exceeded. The MSRA also requires preparation of a rebuilding plan within two years of the time stocks are identified as overfished. These new provisions entail changes to the guidelines for National Standard 1, which mandates an end to overfishing. In February 2007, NMFS announced its intent to prepare an environmental impact statement to analyze alternatives for writing the guidelines on how to implement annual catch limits. The Network urged NMFS to write clear rules, which require science-based catch levels and account for all fishing mortality, including bycatch (the catching and killing of untargeted ocean wildlife) and fish thrown back into the water. The Network also emphasized the need for precautionary buffers between the overfishing level and the annual

catch limits, and urged NMFS to start managing forage (prey) fish with the integrity of the entire ocean ecosystem in mind. A draft NS1 environmental impact statement is expected in mid-summer. NMFS has indicated the comment period will extend several months to allow discussion at council meetings in all the regions. NEPA compliance in fishery management: Streamlining the environmental review process? A new provision in the MSRA directs NMFS to consult with the Council on Environmental Quality (CEQ) and the regional fishery management councils to revise and update environmental review procedures for compliance with NEPA. Congress was clear that the intent is not to exempt the MSRA from NEPA or any of its substantive environmental protections, including those in existing NEPA regulations. The Network’s public comment letter of April 20, 2007 emphasized the need for NMFS to assume its legal responsibility for compliance with NEPA and take the lead in implementing NEPA review of council processes in order to ensure informed decision-making, public participation, and consideration of the full range of direct, indirect, and cumulative effects of actions. The councils do not have the training, expertise, or resources needed to develop adequate NEPA analyses. Additionally, the MSRA lacks procedures to fully inform the public about proposed actions, and it lacks provisions to ensure that the broader public has an opportunity to weigh in on decisions. NEPA fills this void and compliments the MSA process, and should continue to provide the analytical documents for fishery management decision-making. A draft environmental impact statement for NEPA is expected in mid-summer, and a comment period will follow. (continued on page 2)

MARINE FISH CONSERVATION NETWORK

A Letter from the Executive Director Farewell As many of you know, I left the Network on June 8 to take a position with The Pew Charitable Trusts as the director of its Federal Fisheries Policy Reform Campaign. This is an exciting new opportunity that will allow me to work with an organization that plans to make a significant investment in marine conservation over the next few years. In looking back over my eight and one-half years as the executive director of the Network, I am very proud of what we have accomplished. When I started in 1998, I worked from the dining room table of my home. Now we have a DC office with seven staff and five other staff located in four regional offices across the country. Our membership has grown from approximately 80 organizations to more than 190. But more importantly, the Network has become a primary fish conservation voice in the country. The reason for that is our broad membership of fishermen and conservationists with their deep knowledge of fish conservation issues. We’ve been able to use those strengths to conduct a long, but ultimately successful, campaign to strengthen the Magnuson-Stevens Act during reauthorization. But passing a good law is only half the battle; poor implementation can easily negate a good law. After the Magnuson-Stevens Act was reauthorized in 1996, the Network closed its doors and the conservation community focused its attention on the regional fishery management councils. This removed an effective coordinating mechanism from the national stage. We are not going to make that mistake again. The Network is ready to play an active role in implementation rulemaking. Plus, implementation will be the focus of my work at The Pew Charitable Trusts. After the rulemaking is complete, we will focus our attention on implementation by the regional councils. How difficult achieving strong implementation will be remains to be seen. We have been very heartened by the response of the National Marine Fisheries Service (NMFS). Bill Hogarth, the director of NMFS, has been clear in his public remarks that Congress told them to end overfishing through the use of science-based catch limits, and they intend to do it. So far, that has not been hollow rhetoric, as evidenced by NMFS’ initial solicitations of public comment. As I see it, the challenge will be getting the regional councils to recognize that the rules have changed and they will need to change. Already, some councils are claiming that they already comply with the new annual catch limit requirement. Since the regulations detailing how to comply have not been finalized, how can they be in compliance with unwritten regulations? The same holds true for compliance with the National Environmental Policy Act (NEPA). Despite clear language from Congress to the contrary, some councils are advocating a position that would essentially exempt federal fisheries management from NEPA compliance. So, we all need to stay vigilant and involved to make sure that the good work of Congress does not fail because of poor implementation. I’ll be there, will you? For the fish and fishermen,

Lee R. Crockett

Rulemaking (continued from page 1) NMFS says “yes” to rulemaking on market-based fisheries programs NMFS filed a notice in the federal register announcing its formal intent to develop regulations for quota-based fishery programs. This filing marks a reversal in the agency’s previous decision not to develop any regulations for the limited access privilege program (LAPP) national standards in the MSRA. Limited access privilege programs, such as individual fishing quota programs, use quota shares to give fishermen exclusive access to a fixed percentage of the total annual quota in a fishery. Unregulated LAPPs have caused job losses and increases in bycatch in some MARINE FISH CONSERVATION NETWORK fisheries. Most recently in Alaska, the king crab fishing fleet plummeted from 251 boats in 2004 to 89 boats in 2005 due to the newly implemented LAPP. Additionally, discards of legal male crabs in this fishery were eight times greater than in previous seasons, according to a study by the Alaska Department of Fish and Game. Congress enacted national standards for LAPPs that guard against excessive consolidation of the fishery, protect the marine environment, and ensure that family fishermen remain active participants in the fishery. NMFS is seeking some preliminary input from the public on the LAPP regulations. The agency will then publish a proposed rule and will seek further public comment. 2

MARINE FISH CONSERVATION NETWORK

New Network Staff Tom Kitsos, Interim Executive Director Tom Kitsos served as the Executive Director of the U.S. Commission on Ocean Policy (USCOP) from 2001 to 2004. In 2005, Dr. Kitsos retired from the National Oceanic and Atmospheric Administration, U.S. Department of Commerce, as the Associate Deputy Assistant Administrator for Ocean Services. He is currently a private consultant on national ocean policy, advising the Joint Ocean Commission Initiative, the follow-up organization composed of the chairs and members of the Pew Oceans Commission and the USCOP. His earlier experience includes six years at the Department of the Interior (DOI) where his primary responsibilities were in the area of energy development on the Outer Continental Shelf. Among other positions, he served as special assistant to the Assistant Secretary, Land and Minerals Management and the Department’s Acting Director of the Minerals Management Service. Prior to his tenure at DOI, Tom spent 20 years on Capitol Hill, on the staff of the U.S. House of Representatives’ Committee on Merchant Marine and Fisheries. His final position with the committee was Chief Counsel, advising the Chairman on national ocean and coastal issues, offshore energy development, and environmental and other marine management legislation, including amendments to the Coastal Zone Management (CZM) Act. A native of Chicago, Tom holds M.A. and Ph.D. degrees in Political Science from the University of Illinois (Champaign-Urbana) and taught at the University of Colorado (Boulder). Ken Stump, Policy Analyst Longtime Seattle resident Ken Stump has two decades of experience with environmental campaigns and resource policy issues ranging from global warming and energy to fisheries reform. For the past decade he has worked with a variety of environmental and conservation groups as a fisheries policy analyst, science advisor, and legal campaign consultant with a focus on the Alaska region’s groundfish fisheries and wildlife conservation. He served on the Steller sea lion recovery team from 2001-2006 and participated in sea lion field research in Alaska, California, and Oregon, which has given him a deeper appreciation of the challenges to understanding complex ocean ecosystems scientifically – and the importance of protecting them. Ken has also covered and reported on fishery management issues in New England, the Pacific Coast, and U.S. Caribbean regions, so he appreciates the challenges of implementing national mandates in widely divergent management settings. Bicycling, frisbee, and birdwatching are among his favorite outdoor pastimes, when he isn’t tapping on a computer keyboard or perusing stacks of technical reports and gray literature. He says his biggest challenge since moving to D.C. is the bike commute to work through the 3 District’s traffic-clogged streets.

Julie Sherman, Pacific Organizer Julie Sherman has more than ten years experience in conservation campaign strategy and organizing, public and media outreach, and lobbying. She escaped Arizona’s relentless sun in favor of Oregon’s more temperate climate and ocean access. Julie served as coordinator of a Sierra Club statewide campaign to protect Arizona’s public wildlands. She also worked on a national effort to improve the Department of Interior’s conservationbased land management policies. Prior to this, Julie was the executive director of a non-profit that worked to ensure protection of natural, cultural, and recreational resources in Arizona. Julie has an extensive background in ecological science, including a B.S. in Biology and an M.A. in Biogeography from Arizona State University. She has conducted field studies on the ecology of monkeys in Venezuela and birds and fruit bats in American Samoa. Julie’s hobbies include backpacking, hiking, snorkeling, and travel. Keith McAllister, Technology and E-Activism Manager Keith McAllister, has been a resident of the Washington, DC area since 1977. He attended Columbia College for Film School in Los Angeles, CA. Returning back to the east coast in 1990 he attended Virginia Commonwealth University. Prior to working at the Marine Fish Conservation Network, Keith has been involved in the Asian Pacific American Civil Rights community for the past 12 years. In 1995 he was trained as a union organizer having completed a conference hosted by the Organizing Institute in Los Angeles. His other work involved leadership training, overseeing close to 250 interns over the last 10 years and moonlighting as a tech consultant for other non-profits. Maritza Estridge, Special Projects Intern Maritza Estridge was born in Halifax, Nova Scotia and throughout her life has lived in five different places and three different countries including Canada, the United States, and Cuba. She graduated from Dalhousie University with a Bachelor of Science degree in Environmental Science and International Development studies. While at college she was the vice president of the Environmental Programs Student Society, and one of her proud accomplishments includes winning the 2006 Environmental Programs Award for accomplishment in the field. She is looking forward to working this summer in Washington as an intern with the Marine Fish Conservation Network. In the fall of 2007, she will return to Dalhousie to attend law school where she intends to concentrate on marine and environmental law.

MARINE FISH CONSERVATION NETWORK

Network’s 2007 Annual Meeting On June 5, 2007, the Marine Fish Conservation Network held its annual meeting in Washington, DC. Around 90 members of the Network attended the meeting to discuss implementation plans for the newly reauthorized Magnuson-Stevens Fishery Conservation and Management Act. Attendees were updated on the Network’s position on the National Environmental Policy Act by Sierra Weaver of the Ocean Conservancy and on National Standard 1 by Roberta Elias of the Natural Resource Defense Council. This year’s meeting was the last for Lee Crockett, executive director of the Network. Jean Flemma of the House Natural Resources Committee, along with Jo Knight and Tony DeFalco of the Network, thanked Lee for his hard work and dedication for the past eight years. Ken Hinman of the National Coalition for Marine Conservation gave a report on the Network’s Forage Fish workshop that was held in Washington DC in late May. Members were educated on the importance of forage fish through a panel of presentations on different forage species. The panel included Peter Baker of The Pew Charitable Trusts who presented on Northeast herring, Cynthia Sarthou of the Gulf Restoration Network who spoke on Gulf of Mexico menhaden, Tim Ragen of the Marine Mammal Commission who spoke on Alaskan pollock, and Jason Link of the National Marine Fisheries Service who presented on mid-Atlantic squid. Other presentations at the meeting included ecosystem approaches to management by Dr. Peter Auster of the University of Connecticut and Alaskan crab rationalization by Shawn Dochtermann of the Crewman’s Association. Overall, this year’s annual meeting proved to be extremely educational and motivating for the Network members who attended. Following the meeting on June 5, Network members visited Capitol Hill to speak with Members of both the House and Senate. Network members discussed the importance of complying with NEPA and writing strong, clear rules that will end Congressman Tom Allen, Lee Crockett, & Tom Kitsos

Speaker Cynthia Sarthou Speakers Jason Link & Tim Ragen Speaker Peter Auster

Whit Sheard signs up for Congressional visits Lee Crockett, pictured here with Tony DeFalco, accepts a plaque of appreciation from the Network

Molly Jacobs, Zeke Grader, & Sara Randall

Brooks Mountcastle & Tom Fote

Peter Shelley, Ken Hinman, & Kim Davis

MARINE FISH CONSERVATION NETWORK

Fish Fest 2007 On June 7, 2007, the Network held Fish Fest 2007: A Celebration of Sustainable Seafood in the Cannon House Office Building on Capitol Hill. Fish Fest celebrates fishermen who fish responsibly using methods that target select species, avoid overfishing, and protect essential fish habitat. The event also highlights Washington D.C.’s finest chefs who prepare the sustainably caught seafood for our Members of Congress and their staff, Network members, and other ocean advocates. This year more than 600 attendees enjoyed the savory, sustainably caught seafood from around the country. Attendees also learned about the importance of “forage fish” which are food to many different marine mammals, seabirds, and fish. Posters displayed at the event showed examples of common forage fish species and how large scale fishing for human use threatens the fish and other wildlife that rely on them. Fish Fest allowed the Network to both heighten awareness of America’s troubled oceans and recognize those fishermen and legislators who work hard to protect, restore, and conserve marine fish populations. The Network would like to thank the 15 Members of Congress who attended Fish Fest 2007 for taking time out of their busy schedules to support the Network’s efforts. A special thank you to all of the chefs and fishermen who generously donated their time and expertise, making Fish Fest 2007 a successful event celebrating sustainably caught seafood.

Fish Fest photos, unless otherwise specified, taken by Justin Schuck Photography

Leo Munoz & Adam Domby

Jen Kassakian, Siddharth Nag, & Jessica Quinn Smits

Caroline Keicher & Congressman Bob Inglis

Lee Crockett & Congressman Walter Jones Jasper Hendricks, Mary Bishop, & Vanessa Milara Chef Michael Harr of Butterfield 9

Congressman John Lewis

Photo: MFCN staff

Tom Wheatley & Congressman Jeff Miller

Congressman Sam Farr, Laura Kasa, & David Helvarg

Chef Carlos Amaya & staff from Coppi’s Organic Restaurant

MARINE FISH CONSERVATION NETWORK

Pacific Update Council decision risks whiting overfishing The Pacific Council set an allowable biological catch (ABC) level for whiting which could potentially drive these fish stocks into an overfished condition. The Science and Statistical Committee warned the council that setting an ABC of 400,000 metric tons or more would cause whiting to reach an overfished condition. The council ignored this advice and set the coastwide ABC at 612,000 metric tons. Allowable biological catch represents the upper limit of a sustainable catch level. Clearly, an ABC that scientists predict will send a species into an overfished state is not sustainable. Council approves new longline fishing permit The council approved an experimental fishing permit for longline fishing, in spite of an environmental analysis that indicates it will result in bycatch of endangered sea turtles, overfished tuna species, and possibly marine mammals. The Science and Statistical Committee advised the council to deny the permit because it is

not a valid experiment and because biological risks have not been adequately assessed. The council voted nine to four in favor of approving the permit. Ecosystem-based management wins tentative approval of council The council agreed to move forward on an ecosystem-based fishery management plan if the council can find new funding to pay for it. The ecosystem plan would not replace any existing species management plans, but instead would act as an overall guidance document. The council’s directive stipulates that the ecosystem plan not be a higher funding priority than any other council issue. Instead, it will compete for funding with all council matters. The council voted to create a planning team to develop concepts, goals and objectives, and a statement of purpose and need for the ecosystem plan. NMFS offered to help in the planning effort and committed to getting their science center teams together to assess where existing management rules are inadequate for ecosystem management. NMFS will present its analysis at the June council

Gulf of Mexico Update Red snapper In March 2007, a federal court decided that federal fishery managers’ actions to manage red snapper are woefully inadequate, and the court implemented a ninemonth period for protecting the red snapper population in the Gulf of Mexico. By December 2007, the National Marine Fisheries Service (NMFS) is required to implement a new rebuilding plan for red snapper. This, in addition to the new requirements to end overfishing in the Magnuson-Stevens Fishery Conservation and Management Act, could lead to a rebuilding plan that will finally reduce bycatch of red snapper in shrimp trawls and set a total allowable catch in line with recommendations from scientists. Although there will be short-term cuts in bag limits for recreational fishermen and quotas for commercial fishermen, this is extremely good news. The long-term projections for a rebuilt red snapper population show a much higher catch around 17 million pounds annually. For too long, the short-term economic needs of shrimpers and fishermen have trumped the rebuilding of this popular food and game fish.

Annual report Also in March 2007, the Network released its annual report on the performance of the Gulf Council. This report concluded that the Gulf Council did very little in 2006 to address long-standing problems with Gulf of Mexico fisheries and did not meet its Congressional mandate to manage marine fish populations for long-term sustainability. The Gulf Council manages five fish on the NMFS overfishing list (too many fish caught each year) and five species on the NMFS overfished list (too few fish left in the sea). The Gulf Council also manages the most wasteful fishery in the United States, the Gulf shrimp fishery. Shrimpers in the Gulf of Mexico catch approximately 4.5 pounds of other sea life, including millions of juvenile red snapper, for every pound of shrimp landed in their trawls. Despite these significant problems, the Gulf Council met for only six full working days in 2006. (To read the full report, please visit: www.conservefish.org.) In order for the Gulf Council to improve in the coming year, the council needs to: • Aggressively implement the Magnuson-Stevens Reauthorization Act’s requirements to end overfishing, rebuild depleted fish populations, minimize bycatch or wasteful fishing practices, and protect fish habitat. • Improve data collection for all Gulf fisheries. • Incorporate ecosystem-based fishery management considerations into its actions to ensure the health of Gulf marine ecosystems.

MARINE FISH CONSERVATION NETWORK

Mid-Atlantic Update NMFS caps off public hearings on overfishing standard; speaking priority given to Council members To its credit, the National Marine Fisheries Service completed the last of a series of regional meetings on proposed regulations on overfishing (see front page article). However, what was billed as a public scoping session in Ocean City, Maryland instead was an opportunity for Mid-Atlantic Fishery Management Council members to get first billing. NMFS staff was peppered with questions and opinions from council members and staff for close to an hour, while members of the public, some of whom drove considerable distances to attend the meeting, waited patiently to speak. In the end, the public delivered statements and raised questions, but it was only after the scheduled meeting adjournment time was extended. Many council members were dismayed to learn that the revised Magnuson-Stevens Act requires them to follow the scientific recommendations on catch limits set by the Science and Statistical Committee (SSC) and that overfishing was going to end. Representatives from commercial seafood associations advocated

the status quo approach to fishery management. One industry lobbyist went so far as to say that the intent of Congress was not to require council members to follow SSC recommendations or to adopt accountability measures for overfishing. Conservationists were unified in their call to require council members to follow the science as required by the revised Act and adopt the precautionary principle when setting catch limits. NMFS tells council: Develop a butterfish rebuilding plan or we will Already one year overdue in submitting a butterfish rebuilding plan, the regional administrator informed council members that if they do not develop a rebuilding plan soon, NMFS will do it for them. Over the past twenty years, butterfish discards averaged between 17.6 million pounds to 22 million pounds annually in the Illex and Loligo squid fisheries, but primarily Loligo. Recent modeling estimates reveal that in the absence of fishing mortality and even with intermediate recruitment, butterfish will not rebuild in 10 years. However, a subgroup of the SSC concluded that if recruitment is high without fishing mortality, the butterfish biomass could reach its biological target. Based on the history of this short-lived stock, the high discards, and consequently the industry’s reluctance to increase the mesh size to allow more butterfish to escape, it is doubtful butterfish will be removed from the list of overfished stocks anytime soon.

South Atlantic Update Overfished populations At its last meeting in March, the South Atlantic Fishery Management Council added alternatives for quota allocations into its rebuilding plans for snowy grouper, black sea bass, and red porgy, pushing back the schedule for approval of the rebuilding amendment for public hearing until September 2007. These alternatives will allocate a certain percentage of the quota, or amount fishermen are allowed to catch each year, to commercial fishermen and recreational fishermen. The specific percentages and the dates of the landing data on which those percentages will be based are up for debate as these alternatives are considered. The council also removed a provision in the rebuilding amendment that would have allowed up to 20 percent of the quota to be carried over into the next year if it was not caught in the first year. This decision will increase the probability of rebuilding, as allowing underages to be carried into the next year can be damaging for already depleted stocks that require a certain number of fish be left alone each year to reproduce.

Limited access privilege programs The newly created limited access privilege program (LAPP) workgroup met for the first time in April 2007 to begin discussing the possibility of developing a LAPP to help reduce capacity and address overfishing in the snapper and grouper species complex, which for many species has been occurring for a decade or more. Limited access privilege programs allocate a percentage of the fishery to individuals usually based on past catch history. These programs are controversial because they can lead to excessive consolidation within the fishery and elimination of family fishermen. New federal rules seek to prevent such an outcome, but ultimately the South Atlantic Council will hold the keys to fishermen’s fates. Marine protected areas The council is scheduled in June 2007 to approve and submit to the Secretary of Commerce an amendment that will create eight new marine protected areas (MPAs) scattered along the South Atlantic coast from North Carolina to the Florida Keys. The council has designated these MPAs to protect deep water-dwelling snapper and grouper and their habitat. A recently included measure will prohibit the use of shark bottom longlines within the MPA boundaries and will add a transit provision to allow commercial fishermen to cross

MARINE FISH CONSERVATION NETWORK “...To Achieve Healthy Oceans and Productive Fisheries.” Calendar of Events

JULY July 16-20 Pacific Fishery Management Council Darkblotched Rockfish and Cowcod Stock Assessment Review Panel Meeting

July 30-August 2 Gulf of Mexico Fishery Management Council Meeting San Antonio, Texas http://www.gulfcouncil.org/ July 30- August 3 Pacific Fishery Management Council Canary Rockfish and Arrowtooth Stock Assessment Review Panel Meeting Seattle, Washington http://www.pcouncil.org/ AUGUST August 7-9 Mid-Atalantic Fishery Management Council Meeting Port Jefferson, New York

http://www.mafmc.org August 14-15 Caribbean Fishery Management Council Meeting St. Croix, U.S. Virgin Islands http://www.caribbeanfmc.com/ SEPTEMBER September 2-6 AFS 137th Annual Meeting San Francisco, California http://www.fisheries.org/ September 9-14 Pacific Fishery Management Council Meeting Portland, Oregon http://www.pcouncil.org/

South Atlantic Fishery Management Council Meeting North Myrtle Beach, South Carolina http://www.safmc.net/ September 18-20 New England Fishery Management Council Meeting Plymouth, Massachusetts http://www.nefmc.org/ September 25-27 West Pacific Fishery Management Council 96th Scientific and Statistical Committee Meeting Honolulu, Hawaii http://wpcouncil.org/

September 17-21

Marine Fish Conservation Network 600 Pennsylvania Avenue, SE, Suite 210 Washington, DC 20003

June 25-29 Pacific Fishery Management Council Bocaccio and Chilipepper Rockfish Stock Assessment Review Panel Meeting Santa Cruz, California http://www.pcouncil.org/

Seattle, Washington http://www.pcouncil.org/

www.conservefish.org Phone: 202-543-5509 Fax: 202-543-5774

JUNE June 19-21 New England Fishery Management Council Meeting Portland, Maine http://www.nefmc.org/