February 6 - Peter Shelley to NEFMC: Shut Down New England Cod Fishery - Last Wednesday, January 30, the New England Fishery Management Council voted to cut catch limits for New England’s cod stocks by 61-77% from their 2012 levels. Conservation Law Foundation Senior Counsel Peter Shelley made this statement to the Council urging cautious management and asking them to consider shutting down the New England cod fishery so stocks can recover.

February 8 - Fish Talk in the News – Friday, February 8 - In this week’s Fish Talk in the News, industry members respond to cod catch cuts; lobstermen discuss options for avoiding a glut; northern shrimp catches are low; new dogfish research says they don’t migrate as much as expected; Carl Safina supports groundfish closed areas; John Tierney introduces a new diaster relief bill, Vito Giacalone is exonerated by an independent review.

January 28 - New England’s Protected Waters are Threatened - Parts of New England’s waters set aside to protect cod, haddock, flounder, and other important fish could soon be subjected to some of the most damaging forms of large-scale fishing. Learn more about this 5000 square mile area with this interactive map.

January 29 - Investing in the Future: A Down East Groundfish Closed Area - Last week, the Groundfish Committee of the New England Fishery Management Council agreed to analyze a proposal for a new closed area off of eastern Maine that would protect known juvenile aggregations and historic spawning aggregations of groundfish, and important habitat. The current economic impacts of closing this area to groundfishing may be negligible, and this closed area promises significant benefits to the region and to Maine’s small boat fleet.

January 29 - “The Fish Just Aren’t There.” - There is no question that the expected reductions in annual catch limits (ACLs) will be difficult for an industry already in a declared disaster. But while these cuts for cod and haddock limits have grabbed headlines, the real story is that there simply aren’t enough fish. The science, the catch data and many fishermen say the populations of many important species are at or near all-time lows. Fishery regulators are eager to cushion the blow to those whose livelihoods are at risk. Unfortunately, many proposals intended to help fishermen do not address the real problem—a lack of fish—and instead risk further harm to weakened fish populations.

January 31 - CLF Calls to Shut Down New England Cod Fishery - Yesterday the story of New England’s cod fishery took another tragic turn when the New England Fishery Management Council voted to drastically cut catch limits for New England’s two cod stocks—Gulf of Maine and Georges Bank cod—by 77 and 61 percent, respectively. Now is not the time for denial. It is not the time for timid decisions and unconscionable risk. It is time to make the painful, necessary steps towards a better future for fishing in New England. Rather than arguing over the scraps left after decades of mismanagement, we should shut the cod fishery down and protect whatever cod are left.

February 1 - Fish Talk in the News – Friday, February 1 - In this week’s Fish Talk in the News, the New England Fishery Management Council cuts cod catch limits and debates habitat protection measures and at-sea monitoring costs; Tom Nies is named the new Executive Director of NEFMC; a Gloucester trawler is accused of using an illegal net liner.

Yesterday the story of New England’s cod fishery took another tragic turn when the New England Fishery Management Council voted to drastically cut catch limits for New England’s two cod stocks—Gulf of Maine and Georges Bank cod—by 77 and 61 percent, respectively.

The Council’s action follows months of scientific debate on appropriate catch limits for cod. Recent assessments showed stocks at the lowest levels ever recorded and declining rapidly:

• Georges Bank cod biomass is at just 7% of healthy, sustainable levels.
• Gulf of Maine cod biomass is at 13-18% of healthy, sustainable levels.
• The last better-than-average year for young Georges Bank cod production was 1991.
• The amount of younger fish becoming available for fishing, known as recruitment, has been at the lowest estimated levels ever for the last five years running.

Confirming this dismal outlook, fishermen have been unable to find enough cod to even come close to filling their small quotas. The fish just aren’t there any more.

Despite this grim outlook, some in the industry asked for interim measures that would allow devastating overfishing to continue for yet another year, and the Massachusetts fisheries agency representative on the Council inexplicably asked for catch levels that were higher than the highest recommendations from scientists. NOAA regional administrator John Bullard rejected these efforts as legally and biologically unjustifiable.

Bullard told the Council yesterday that the “day of reckoning” for the fishery had arrived and that further management denial about the true state of the stocks could not be sanctioned. In this context, the Council chose to cut the catch – even in the face of industry opposition.

But the action to cut cod quota did not go far enough. The options implemented by the Council are the least aggressive cuts allowable by law, and under some assessments they still authorize overfishing. They push the limits of scientific advice and put the short-term economic interests over the long-term health of New England’s cod fishery and the viability of a whole generation of groundfishermen. Years of similarly short-sighted decision-making have caused the current biological disaster.

The Council unanimously rejected a motion to shut down the cod fishery entirely—an option that the NMFS Regional Director labeled as irresponsible, but one that may be the only chance for the recovery of New England’s cod stocks.

Canada took similar action to shut down its cod fishery in 1992, when its stocks were in a state remarkably similar to New England’s current disaster. Even their action in retrospect was too little and too late to avert a social and economic calamity; tens of thousands of people were put out of work, and cod stocks have still not fully recovered.

Unlike Canada, however, New England fishing communities are unlikely to see massive disaster relief funds. The New England Fishery Management Council now owns this problem and will bear full responsibility for the long term biological and socio-economic  consequences of their decision. While CLF hopes that the Council’s gamble is not reckless, decades of bad Council bets in the past and the current scientific advice do not bode well. Time will tell.

Now is not the time for denial. It is not the time for timid decisions and taking unconscionable risks. It is time to make the painful, necessary steps towards a better future for fishing in New England. Rather than arguing over the scraps left after decades of mismanagement, we should shut the cod fishery down and protect whatever cod are left.

January 24 - Recent paper points to a need for improved ecosystem modeling - Fisheries managers in the U.S., and increasingly around the world, use stock assessments and scientific information about fish populations to set catch limits for fisheries. It is typically assumed that more adult fish means more reproduction, and thus more fish available for us to harvest. But the authors of a paper published last week by several prominent fisheries biologists found that the productivity of fish stocks can be nearly independent of the abundance of adults, and is influenced by other factors.

January 25 – Fish Talk in the News – Friday, January 25 - In this week’s Fish Talk in the News, the SSC sets 2013 Allowable Biological Catch for three stocks; John Bullard denies a request for interim measures; the New England shrimp season begins; the Marine Fisheries Institute will review the groundfish stock assessment process; concern over a loss of fisheries advocates in Congress; an investigation into fisheries rule making finds flaws in record keeping.

December 18 – There’s No Place Like Home for the Holidays – After being declared a “fishery disaster,” changes in regulations to allow bottom trawling in Cashes Ledge, Jeffreys Ledge and the only protected portion of Stellwagen Bank National Marine Sanctuary seems counterintuitive to ever devising a long-term strategy that could help restore groundfish populations in the Gulf of Maine. At a time of the lowest recorded groundfish populations in history, how does it make sense to increase bottom trawling in the best, remaining habitat areas?

December 20 – The Bottom Line: Don’t Remove Protection When Cod Need It Most - New England is famous for cod fishing. But the industry is ailing – and the cure being proposed might be worse than the disease. A proposal by regional fisheries managers to reopen areas where groundfish are currently protected is a big step in the wrong direction.

December 21 – Fish Talk in the News – Friday, December 21 - In this week’s Fish Talk in the News, NEFMC opens closed areas and delays decisions on catch limits; ASMFC cuts menhaden catch 20%;NOAA will return $543,500 in fines; Brian Rothschild replaces as head of Marine Fisheries Institute; a Gloucester scallop boat goes missing; warm waters in the Gulf of Maine cause environmental change.

One of the fundamental concepts of marine ecology and modern fisheries management is that fish and other ocean wildlife need various types of habitat to feed, grow, and reproduce. Healthy ocean habitat is crucial to the well-being of ocean ecosystems and also provides spawning grounds for commercially important groundfish. New England’s ocean waters are home to several special places that deserve permanent protection.

Cashes Ledge, an underwater mountain range 80 miles off the coast of Maine, supports the largest and deepest kelp forest off the Northeastern United States and is home to an enormous diversity of ocean wildlife – from whales, Atlantic wolffish, and blue sharks, to fields of anemones and sponges. This kelp forest provides an important source of food and habitat for a vast array of ocean wildlife. Other places such as Jeffreys Ledge and Stellwagen Bank National Marine Sanctuary provide rich habitat for highly depleted cod and haddock, sea turtles, and four species of whales.

Most of these three areas in the Gulf of Maine currently benefit from fishing regulations which prohibit harmful bottom trawling, but these protections are temporary. Some of the largest commercial fishing trawlers in the region are pushing for changes in regulations to allow bottom trawling in Cashes Ledge, Jeffreys Ledge and the only protected portion of Stellwagen Bank National Marine Sanctuary.

After the last cod crisis in the 1990s the New England Fishery Management Council (NEFMC), after a court decree spurred by a CLF legal action, designated Cashes Ledge and an area known as the “Western Gulf of Maine” which holds Jeffreys Ledge and 22% of Stellwagen Bank National Marine Sanctuary, as “mortality closures.” The action restricted destructive trawling, but it allowed a wide array of other commercial fishing gear such as bottom gillnets, purse seines, hook and line and more the questionable practice of “mid-water trawls,” which despite their name, often catch groundfish. Recreational fishing and charter boats were not restricted.

This single protective measure restricting commercial bottom trawling helped to restore seriously depleted populations in these areas. Moreover, protecting areas like Cashes Ledge created the “spillover effect” where larger populations of fish migrate out of the boundaries of the protected area. This is why commercial fishing vessels often “fish the borders” of protected areas.

After a new stock assessment released one year ago showed that populations of cod, haddock and other groundfish were at all time lows, the National Marine Fisheries Service (NMFS) under pressure from some of the largest trawlers in the New England fleet started to hint that allowing bottom trawling in previously protected habitat areas – places like Cashes Ledge – might help to increase falling harvest amounts. At a time of the lowest recorded groundfish populations in history, how does it make sense to increase trawling in the best, remaining habitat areas?

This is why we must urge NOAA to keep our habitat protections in place.

Cashes Ledge is important not only to fish and ocean wildlife but also to scientists hoping to learn about the health and function of New England’s oceans. Many scientists believe that Cashes Ledge represents the best remaining example of an undisturbed Gulf of Maine ecosystem and have used Cashes Ledge as an underwater laboratory to which they have compared more degraded habitat in the Gulf of Maine.

The basic fact is that opening scarce protected habitat in the Gulf of Maine to bottom trawling at a time of historically low groundfish populations is among the worst ideas for recovering fish populations and the industry which depend upon them. But fisheries politics in New England remain. On Dec. 20^th the NEFMC may take action through a backdoor exemption process to allow bottom trawling in a large portion of Cashes Ledge and other areas. NOAA needs to keep current protections in place. CLF is committed to securing permanent protection to ensure the long-term health of this important and vulnerable ecosystem. Click here to urge NOAA to protect New England ocean habitat and help ensure a healthy future for New England’s ocean.

A red cod swims in the healthy kelp forest on Cashes Ledge

Note: This blog was originally posted on One World One Ocean as part of their National Sustainable Seafood Month Campaign. 

When you buy a piece of cod, do you wonder how many are left in the ocean? Are you curious about what kind of gear was used to catch the fish? Gillnets? Hooks? Or, maybe it was a bottom trawler? Do you consider a different choice – maybe there is a more sustainable fish to buy?

These are important questions to ask, but there’s something more basic to consider as well. Where do these fish live? What essential requirements do these animals have to survive and thrive in the ocean?

Figuring out what “sustainable seafood” means is a familiar dilemma for New Englanders. We have some of the most productive fisheries in the world, but we also have some of the most heavily fished areas in the world. New Englanders work very hard to manage our fisheries, and there is much we are still learning. Yet, there is one simple fact that scientists and many fishermen are very confident about – if fish don’t have healthy habitat, then we don’t have fish.

We have some very special ocean places in New England. Cashes Ledge, an underwater mountain range about 80 miles off the coast of Maine, is home to the deepest and largest continuous kelp forest in all offshore waters along the US east coast. Stretching 22 miles long and 17 miles wide, Cashes Ledge provides food and shelter to an enormous diversity of creatures – from bottom-dwelling tube worms and sponges to endangered North Atlantic right whales and highly migratory blue sharks and Atlantic bluefin tuna. Cashes Ledge is also rich in a variety of groundfish including Atlantic cod, white hake, monkfish, haddock, and redfish. Many kinds of offshore sea birds can be found dining here, such as sooty shearwaters and Wilson’s storm-petrels.

The reason for such enormous diversity and richness lies in the mountain range itself, whose pinnacles interrupt the primary Gulf of Maine current and create a stunning oceanographic phenomenon known as internal waves, which carry high levels of nutrients and oxygen from the sea surface to the sea floor. This unusual circulation pattern results in an incredibly productive ecosystem. It’s no wonder that scientists have used Cashes Ledge as an oceanographic research lab for decades. It represents one of the healthiest existing marine habitats, and if more of the ocean was like it, there would be a lot more fish.

In 2002 many habitat areas in the Gulf of Maine, including Cashes Ledge, were protected from harmful bottom trawling, and these areas have begun a slow recovery. But as large reductions in the catch of cod, yellowtail flounder, and other groundfish loom in New England, there is increasing pressure to open these areas again. Places like Cashes Ledge must be protected if we are going to keep relying on our oceans to feed us and allow our ocean ecosystems to regenerate and thrive. These are irreplaceable resources, and the permanent protection of marine habitat should be a top priority for any sustainable fisheries management plan.

While it is important to think about fish in numbers – how many we catch, how big they are, how many are left – it is equally important to consider the ecosystem on a larger scale, with all its moving parts, dependent on each other for survival. When do the plankton bloom, and where? Where are the currents taking the food? Where will certain fish spawn if their favorite ledge is dragged? How will the animals adapt to our warmer, more acidic oceans?

So, as we celebrate National “Sustainable” Seafood Month, take a moment to consider where your seafood lived before it was on your plate. The ocean ecosystems that produce the oxygen in 2 out of every 3 breaths we take, regulate our climate, drive tens of billions of dollars of economic benefits, and provide us with considerable recreational activities won’t continue to produce such benefits unless we do a better job at protecting the basic components of a healthy ocean. And, while you enjoy the good decision you made about your sustainably caught fish, also be thankful that the fish came from a good home, and do what you can to help keep it that way.

Help support habit protection for special places like Cashes Ledge – click here. 

The beauty, health, and wealth provided by the productivity of New England’s ocean is illustrated in the diversity of ocean and coastal habitat found in the Gulf of Maine, Georges Bank, southern New England waters, and the far edge of the Outer Continental Shelf. New England’s ocean habitats provide a huge economic service, but only if the underlying ecological foundation is healthy and sustained. Pushing our ocean waters to produce more fish and seafood than is sustainable can lead to a severe decline in goods and services – as we are seeing with the most recent groundfish depletion crisis – or even to an unrecoverable collapse as has happened in eastern Canada.

There are really two major components to a healthy ocean: don’t take out too much in the way of fish and other living resources and don’t put in too much in the way of runoff, nutrients, carbon dioxide, and other pollutants. In New England’s celebrated cod and groundfish fishery we have clearly been taking out too much through decades of overfishing. The National Oceanic and Atmospheric Administration (NOAA), at the request of the New England Fishery Management Council, has for years taken the riskiest possible approach to managing fish stocks. NOAA and the Fishery Management Council have set catch limits at the highest levels allowed by law and then shown great surprise when fish stocks fail to recover.

We need NOAA to show proactive leadership by ensuring a more precautionary approach to setting annual catch limits and to rebuilding fish populations. Decades of unsustainable catch levels should not continue to plague New England’s fisheries or our ocean’s health.

The other problem of overfishing is that the methods used to catch fish have gotten more destructive. Since the development of more powerful engines and sonar during World War II, fishing vessels can go farther out to sea, fish in deeper water, and drag heavier bottom trawls. These inventions not only catch a lot more fish, but also cause more damage to ocean bottom habitat – the kelp beds, boulders and rocky fields, tube worms, anemones, sponges, corals, and mussel beds which serve as nurseries and spawning areas. Over decades we are left with cumulative impacts to large areas of New England’s ocean habitat.

This makes the remaining special areas such as Cashes Ledge even more important as a place where small fish can grow and become large enough to reproduce.

In New England, NOAA is headed in reverse on its legal responsibility and the ecological necessity to further protect juvenile groundfish in their nursery grounds. The commercial fishing industry, led by big trawlers, has argued for opening these nursery grounds. Areas of sea bottom that provide essential fish habitat must be protected from destructive fishing practices like trawling and dredging.  For nearly a decade regional fishery managers have failed to take serious action to protect essential fish habitat.  It’s time to make habitat conservation a priority.

The Conservation Law Foundation, our conservation partners, marine scientists, fishermen, and ocean users agree that permanent habitat protection is needed for Cashes Ledge and other special places.

Join our statement to NOAA asking for their leadership. Click here to urge NOAA to protect our ocean beauty, health, and wealth.

September 25 – Globe, Times Miss Boat on Real Issues – The Northeast’s two leading newspapers both editorialized recently on the fragile status of groundfish populations, especially cod, on both sides of the Atlantic. Unfortunately, both the Boston Globe and New York Times missed an opportunity to emphasize conservation measures and explain the great risk for fish and fishermen if we weaken those protections.

September 26 – Opening the Closed Areas – A bet we can’t afford to take? – On Thursday, the New England Fishery Management Council (NEFMC) will meet for the first time since the Secretary of Commerce declared the New England groundfish fishery, which includes species such as cod, haddock, and flounder, a disaster. One of the ideas currently being discussed is opening groundfish closed areas that have been closed to fishing for the past 15 years; a proposition that could be the final straw causing the collapse of the fisheries in the Gulf of Maine.

September 28 – Fish Talk in the News – Friday, September 28 – In this week’s Fish Talk in the News, NEFMC moves to open closed areas; John Bullard reverses his decision on a seasonal gillnetting closure; NOAA proposes exempting scallopers from accountability measures on yellowtail bycatch; a report highlights the culture of distrust between fishermen and regulators; the Center for American Progress explains stock assessments; NOAA finds deep water coral hotspots on Georges Bank; the Boston Globe exposes problems with underweight seafood sold to New England consumers.