This post was originally published on TalkingFish.org.

Despite its caption, the “Transparent and Science-Based Fishery Management Act of 2012,” H.R. 6350, introduced by U.S. Representative John Runyun of New Jersey just hours before Congress adjourned for summer recess on August 2^nd is a misguided piece of legislation.  It brings political interference and micro-management back into fisheries management, thwarts science-based decisions, costs jobs and any hope of increased prosperity for hundreds of fishing families, eliminates government and fisherman accountability for a public resource, and reverses the painful progress and sacrifice that has been made in recent years to restore many of America’s once-bountiful fisheries.

New England certainly doesn’t need this bill.  All it would do here is to pull fishing families and businesses back into the tar pit of mismanagement and economic and social decline from which they have been struggling to escape for the past two decades. Whatever Representative Runyan’s intentions might be, the only outcome this legislation guarantees is more chaos and productivity losses in this nation’s fisheries.

In 2006, important accountability provisions were introduced into the Magnuson-Stevens Act, and recent reviews of fisheries management indicate that they are working to rebuild fish stocks. Despite this success, Representative Runyun is trying to un-do these provisions. In 2006, 28 % of the nation’s fisheries for which data was available were overfished; in those fisheries with adequate data, 26% of them were subject to overfishing. By June 2012, just one or two years after the new Magnuson measures took effect, 23% remained in an overfished condition and overfishing was down to 17%. Not great after 35 years of federal management but headed the right way. Unfortunately, New England’s fish stocks–the poster child for what happens with “management flexibility”—remained among the worst in the nation.

New England managers have destroyed hundreds of good fishing businesses and plummeted cod populations to levels never seen in history by catering to short term economic interests at the expense of long term profitability.  In the New England groundfish fishery, overfishing and mismanagement have resulted in significant revenue losses. If stocks were at managed at sustainable levels, current groundfish revenues could be three times greater – infusing New England’s economy with nearly $170 million in additional dockside revenues compared to 2010 revenues. In New England, we’ve seen the human and ecological damage caused by ”flexible fishery management.” It doesn’t work. Not for the fish and not for the fishermen..

If Congressman Runyun cared about fisheries, he would lead the charge to secure adequate federal appropriations for better research, better stock assessments, more data, better assessment technology research and development, and innovative gear research by fishermen, not file backward laws. Unfortunately, he appears to be more interested in demagoguery and ideology than he is in solving real fisheries problems. From where I sit, his legislation is a political distraction to the real work that needs to be done —  restoring sustainable fisheries and communities in New England.

August 7 – Brooklyn’s Mermaid’s Garden tells us what it’s like to run a CSF – Bianca Piccillo and Mark Usewicz are the presidents of Mermaid’s Garden, a Brooklyn, NY based community supported fishery (CSF) and sustainable seafood consulting organization.

August 10 – More Congressional Fisheries Misdirection – Despite its caption, the “Transparent and Science-Based Fishery Management Act of 2012,” H.R. 6350, introduced by U.S. Representative John Runyun of New Jersey just hours before Congress adjourned for summer recess on August 2nd is a misguided piece of legislation.

August 10 – Fish Talk in the News – Friday, August 10 - This week in Fish Talk in the News: U.S. district court demands stricter regulations for Atlantic river herring; a NOAA workshop on catch per unit effort and landings per unit effort; new low-interest loans for small-scale fishermen; congressional delegates express concern over menhaden stock assessments; sustainable seafood is also the healthiest seafood; sustainable Maine squid grow in popularity; the Out of the Blue program to promote underutilized local seafood wraps up; and the Maine lobster glut causes protests in Canada.

Photo by Robert F. Bukaty, courtesy of Portland Press Herald Archives

As mentioned in prior posts here and here, CLF’s lawsuit to reopen the St. Croix River to alewives resulted in this letter from EPA agreeing that the Maine Alewife Law violated water quality standards for the St. Croix.

Yesterday, the Maine Attorney General responded to that letter here and the response is disappointing to say the least.  The first half of the letter is not even related to the Alewife Law but rather a gratuitous attempt to bolster the State’s efforts to restrict the jurisdiction of the Passamaquoddy Tribe and other Maine tribes.  The second half of the letter does not contest the findings in EPA’s letter that the Alewife Law constitutes a change in the St Croix’s water quality standard but rather attempts to justify that change as a fishery management exercise unrelated to the Clean Water Act.

As I noted in a interview yesterday on MPBN, you can put lipstick on a pig but it is still a pig.  Nor is the State’s “commitment” to the so-called adaptive management plan for the St Croix currently under consideration by the International Joint Commission of any real value.  As noted in this article by Colin Woodard, the adaptive management plan may be better than nothing but just barely.

What this means for the St Croix is really nothing more than status quo – passage at the Grand Falls dam will remain closed to alewives as long as the State is willing to let bad science and a small minority of self-interested fishing guides call the shots.  This is even more unpalatable given the current crisis that our lobster fishery is in. A resurgent alewife population (close to 3 million before the State closed fish passage) could only help that industry that can use alewives as bait fish. A robust alewife population would also help the Maine groundfish and whale watching industries, for whom alewives are a key source of food.  For these reasons, as well as the health of the St Croix ecosystem as a whole, CLF remains committed to restoring alewives to their native habitat in the St. Croix.  Stay tuned for next steps.

Perry Marine & Construction workers lower the second of four turbines into place in ORPC's TidGen™ turbine generator unit (TGU) which will be installed at ORPC's Cobscook Bay project site in August. Photo courtesy of ORPC.

Ceaseless, predictable, powerful – the tide is all of these things. We may be adding “illuminating” to that list as our nation’s first grid-connected commercial tidal energy project gets underway off the coast of Maine and begins to light up homes sometime in August. As part of a renewable energy plan, tidal energy may hold great promise for a cleaner energy future. It’s a relatively simple process to convert the kinetic energy of tides into power for the grid (not much different from a wind turbine, really) – but the process of siting and building tidal energy farms in our coastal waters is much more complex.

Cobscook Bay off Eastport, Maine may be one of the most ideal spots in the US for tidal energy. It sits at the mouth of the Bay of Fundy – which has the most extreme tidal fluctuations in the world (an average of 24 feet). It also enjoys a high level of biodiversity – with an abundance of migratory shorebirds and waterfowl, as well as finfish, lobsters, scallops, and clams. Critically endangered North Atlantic right whales use the area. Tourism, fishing, and aquaculture are important parts of the economy here. There are many stakeholders involved in an area where so many depend on the ocean for their livelihoods as well as for tourism and recreation.

The Cobscook Bay Tidal Energy Project from the Ocean Renewable Power Company (ORPC) has been ramping up since 2006. The company is set to deploy its first turbine in mid-August, and hopes to add several more in the coming decade.

In general, the process to site and build a tidal energy project involves the input and coordination of several federal, state, and local government agencies working with numerous existing energy production and environmental laws, as well integrating input from citizen and environmental groups, the energy industry, fishermen, and other stakeholders. Maine recently streamlined the process for developing tidal energy projects, and is now the only state on the East Coast with a formal agreement with the Federal Energy Regulatory Commission (FERC) to ensure federal and state coordination in the regulation of this new industry. But the process is still quite involved.

Complicated, right? Well, if this small commercial project in Eastport and others like it are successful, tidal energy is likely to grow in our coastal waters, and along with it, the challenges of planning for it. Recent U.S. Department of Energy reports find that ocean current power resources could potentially provide up to 250 terawatt-hours of electricity per year nationally (our current demand is around 4,000 terawatt-hours of electricity per year). Given the likelihood that ocean energy production is going to grow rapidly and dramatically, we need a better way through the process of planning for new energy development while protecting our valuable ocean resources and traditional uses.

The development in Eastport, Maine might provide some useful lessons in how to approach a project like this at a community level, using the principles of Regional Ocean Planning.

Chris Gardner, Executive Director of the Eastport Port Authority, said ORPC began working with the Port Authority and with local stakeholders from the very beginning of the process in 2006. The Port Authority saw the project as potentially benefitting the community economically, but were “very watchful about how they did their business and if they did it the right way” said Gardner. Fishermen were especially concerned about the project – worried that structures or construction activity would interfere with fishing grounds. According to Gardner, the company took the approach that it was ORPC’s own “responsibility to prove their case.”

John Ferland, ORPC Vice President, talked to me about what the company did to garner community support and ease concerns about tidal energy. First and foremost, he emphasized the importance of communicating with local residents and getting them involved as much as possible. “We have had so many meetings over the last several years. For a while there were a couple of community style meetings a year, and all sorts of private interactions and group meetings in between – city council meetings, selectmen, lots of informal meetings” said Ferland. “The State of Maine Ocean Energy Task Force cited ORPC’s efforts as a model for other ocean energy developers to follow,” he added.

The Cobscook Bay Resource Center facilitated a series of stakeholder and community meetings, as well as provided detailed information about the project on their website. (There is a really interesting clip from the PBS “Sustainable Maine” video with interviews of many of the people involved in and potentially affected by the project, as well as footage of how the turbines will work.)

As a result of conversations with local fishermen, ORPC was able to site the project in an area that wouldn’t impede their fishing. As one fisherman said in the PBS video, “You gotta be careful of what goes where.” In Cobscook Bay, Ferland said, tidal energy is ideal in places that are not important to fishing due to the nature of the ocean bottom and the high currents.

In addition to meeting with stakeholders, ORPC has been working with the University of Maine School of Marine Sciences on fisheries concerns, and with the New England Aquarium to minimize future potential impacts on marine mammals. Whenever possible, said Ferland, they prefer to hire local citizens as employees, local subcontractors as service providers, and have trained local residents as certified marine mammal monitors as part of the NOAA NMFS-required data gathering effort.

Any major human activity in our oceans and coastal waters is going to involve making some decisions about the best place for certain uses. Regional Ocean Planning is the process of defining these uses and potential conflicts, and seeking the optimal path of sustainable development and resource protection. Using the principles of ecosystem-based management, gathering and sharing the best possible data about ocean uses and impacts, and making sure every stakeholder has a say in the process – that’s Regional Ocean Planning in a nutshell.

The phrase I heard over and over as I was researching tidal energy in the Gulf of Maine was, “It’s a good idea, as long as it’s done right.” Regional Ocean Planning can be used to help manage ocean uses the right way – by involving stakeholders at the very beginning of a project, and keeping them engaged throughout, by examining the social, economic, and environmental effects of the project, by filling the data gaps needed to make science-based decisions, and by making the process adaptive so that changes can be made as new information comes in.

The current project in Cobscook Bay might be the beginning of major tidal energy development in the Gulf of Maine. The process of planning and implementation will get more complicated as the scale gets bigger – there will be more stakeholders involved, more potential environmental impacts, and more activities in the water. It is important to have a process that works for everyone.

We all have a lot to gain from the full implementation of the National Ocean Policy. For more information about the need for Regional Ocean Planning check out these blogs about sea level rise, coastal pollution, and protecting endangered whales from ship strikes.

July 31 – Local Summer Fisheries – Sea Scallops – In the last post of the Local Summer Fisheries series, read about sea scallops: one of the most valuable fisheries in the United States and a great success story in fisheries management.

August 1 – Bangor Daily News supports returning alewives to the St. Croix – In June, CLF attorney Sean Mahoney blogged about CLF’s lawsuit against the Environmental Protection Agency (EPA) in an effort to overturn a Maine law that has prevented the alewife, a forage fish crucial to marine and freshwater ecosystems, from accessing its native habitat in Maine’s St. Croix River. This week, the Bangor Daily News published an editorial expressing support for opening up the St. Croix River to alewives.

August 3 – Fish Talk in the News – Friday, August 3 – This week in Fish Talk in the News: expected reductions in catch limits for New England’s groundfish stocks have fishermen and congressmen up in arms; public support for opening the St. Croix River to alewives; an update on the December, 2011 removal of Shorey’s Brook dam in Maine; NOAA fisheries plans to conduct a survey to better understand the social and economic impacts of fishing regulations on the east coast; a new piece of legislation to prevent seafood fraud; the Maine lobster crisis continues, even as the Maine Lobster Festival kicks off in Rockland; Sport Fishing Magazine interviews Obama about his administration’s plans for and achievements in fisheries management; the Gulf of Maine Research Institute releases a study on changing zooplankton abundances in the Gulf of Maine; and the New England Ocean Odyssey blog posts about the Atlantic wolffish.

July 24 – Local Summer Fisheries – Lobster – In this latest edition of Local Summer Fisheries, read about the biology, management, and regulation of the American lobster in New England, learn about the current lobster price plummet in Maine, and find the simplest, most delicious lobster salad recipe around.

July 25 - Summer and Fall Seafood Festivals – Interested in eating local seafood and learning more about the fishermen who bring it to us?  Check out one of the many summer and fall seafood festivals taking place in New England. These festivals highlight all kinds of regional seafood

July 27 – Fish Talk in the News – Friday, July 27 – This week’s round-up of fish news includes a lot about lobsters, Hannaford’s Supermarket’s new comprehensive sustainable seafood policy, an update on the Gulf of Maine Research Institute’s Out of the Blue program, efforts to rebuild Boston Harbor’s clam population, and opportunities to learn to fish in New Hampshire.

July 17 – Local Summer Fisheries – Summer Flounder - Summer flounder, also known as fluke, can be found in New England’s shallow coastal waters in the summer months, when they migrate inshore from their deeper, offshore winter habitats. They have historically composed one of the most popular and important commercial and recreational fisheries on the east coast.

July 18 – A Tale of Two Cod - The almighty cod – the most legendary fish in our New England waters. Atlantic cod is greyish-green, and a renowned dweller of the Gulf of Maine. It is a staple of our traditional cuisine and a historic driver of our economy. You’ve seen an Atlantic cod, right? But have you ever seen a red Atlantic cod?

July 20 – Fish Talk in the News – Friday, July 20 – This week’s fish news includes: More news about the Maine lobster surplus; congressional delegates from New England states urge the House Committee on Natural Resources to use caution in determining 2013 groundfish quotas; innovative technology decreases environmental impact of sea scallop surveys; underutilized species may be key to sustainable seafood; Stellwagen Bank celebrates its 20th anniversary as a national marine sanctuary, New England Ocean Odyssey posts about red cod; marine mammal protection may play a role in perpetually low groundfish populations; controversy over the latest Georges Bank yellowtail flounder stock assessment; and a showing of the documentary Ocean Frontiers in Nahant, MA.

America’s oceans and coasts are amazing resources that have benefited our economy, our culture and our way of life for centuries. In New England our ocean and coasts are also home to some of the country’s most unique and valuable wildlife areas and serve as refuge for endangered wildlife species. At the same time, New England’s coastal communities continue to depend on the resources, tourism and outstanding quality of life that our ocean and coasts provide.

Our oceans and coasts face great challenges, and these challenges are growing tougher. As my cool surfing colleague Robin Just has noted, sea levels are rising 3 to 4 times faster along the east coast than the global average, according a new study by the United States Geological Survey. The rising waters put us at unique risk from the changes that are happening to our ocean and will “increase the vulnerability of coastal cities to flooding, and beaches and wetlands to deterioration,” according to the report. How will we solve these challenges?

Thanks to the National Ocean Policy, we have a better way to make management decisions and to create solutions by using the best data, latest information and, most importantly, by working together. At its core, the National Ocean Policy directs federal agencies to coordinate management activities, implement a science-based system of decision making, support safe and sustainable access and ocean uses, respect cultural practices and maritime heritage, and increase scientific understanding of ocean, coastal and Great Lakes ecosystems. Regional Ocean Planning, a science-based process of improving decisions about ocean resources before conflict arises, involves everyone who has a stake in ocean management, including towns and cities, scientists, fishermen, conservation groups, recreational users, and businesses. Through better planning, the National Ocean Policy will allow us to take full advantage of our resources in a sustainable manner which will improve the health of the United States environment and economy.

The National Ocean Policy turns two years old on July 19, and while the National Ocean Council is making great strides, so much more is necessary to ensure that we are using this important tool to tackle these great challenges. Given how important fisheries, coastal tourism and other ocean industries are to our region’s economy and way of life, we need New England’s governors and federal officials to support the full implementation of the National Ocean Policy.

Right whale skim feeding off Provincetown, MA. Photo: Brian Skerry

Shipping lanes in and around San Francisco Bay are being changed to protect the many whales that feed in its krill-rich waters. Blue whales, fin whales, and humpbacks will all benefit from the changes. This action took two years of collaboration, data-sharing, and negotiating among the shipping industry, government agencies, and environmental groups. This, in a nutshell, is the regional ocean planning process.

Why does this matter to a New England conservation group? Well, besides the fact that everybody loves a happy ending, New England has been a leader in this type of effort for many years now.

If there is one dramatic example of the need to coordinate our activities in New England’s ocean it is the tale of our beloved but extremely endangered North Atlantic right whales and the shipping traffic that was threatening their recovery.

Right whales love our productive Gulf of Maine waters – they find an abundance of their favorite krill and copepods that teem in our coastal areas. People are keeping a close eye on these urban whales, since there may be fewer than 500 of them left on the planet. This careful watching was why we knew that shipping traffic in and out of Boston Harbor was causing big problems for the right whales. In short – right whales are shallow feeders, making them highly vulnerable to fatal ship strikes. And each whale matters in such a small population.

Stellwagen Bank National Marine Sanctuary staff decided to take action to protect the right whales in a bold and unprecedented way. Using 25 years’ worth of whale sighting and state of the art acoustic research Stellwagen Bank officials discovered that the shipping lanes through the Sanctuary also contained the highest concentration of whales, resulting in too often fatal collisions. In a process that took three years and involved collaboration with the Port of Boston, researchers with Woods Hole Oceanographic Institution, Cornell Bioacoustic Research Program, and a Texas-based energy company that relies on shipping in and out of the harbor – high quality data on the movements of whales in and around the Sanctuary was mapped and compared with shipping traffic in and out of Boston Harbor.

As a result, in 2007 the Sanctuary slightly altered the shipping lanes – reducing whale strikes by 81 percent.

This wouldn’t have happened without scientists, conservationists, local officials, federal agencies and private industry deciding to work together.

To ensure continuing whale protection there are buoys “listening” for right whales throughout the bay, and there’s even an app for ship captains so they can receive whale location updates on their cell phones – alerting them to slow down or avoid certain areas. A lot of people came together to create an innovative solution to this complicated problem by using the principles of regional ocean planning. Everyone who had a stake in the process had a seat at the table.

This type of coordination is the heart of regional ocean planning. It’s simply about making sure everyone has a say in what in happens in our busy waters, including those of us who value protecting wildlife and natural habitats. As we have more happening in the Gulf of Maine, more ships, more whales, more renewable energy development, we need to be careful to organize these activities in a way that also protects existing commercial and recreational uses.

The pioneering Massachusetts and Rhode Island state ocean use plans are serving as the building blocks of New England’s regional ocean plan for federal waters. CLF is at the vanguard of ocean planning, innovating in New England what has become a national policy initiative intended to improve stewardship of vulnerable marine wildlife and habitats with responsible ocean uses.