New England’s cod populations are at their lowest levels in history, thanks to decades of chronic overfishing and habitat destruction. Fisheries scientists agree that protecting vital fish habitat is key to restoring these once-plentiful fish species. How does the National Oceanic and Atmospheric Administration (NOAA) respond? Yesterday NOAA proposed to allow new bottom trawling and other forms of commercial fishing in areas of New England’s ocean that have been protected for almost twenty years. NOAA’s assessment, which did not include a full analysis of the impacts and benefits of removing this protection as required by federal law, actually concludes that, for three of the four areas, opening them to trawling and other forms of fishing is “likely to yield only small increases in net benefit.”  NOAA’s assessment also finds that, in one of the areas, the opening will result in a reduction in net benefits to offshore lobstering, which will not be allowed at times when groundfishing is permitted.

The trade-offs exchanged for this “small increase in net benefit” are many, and they include the value of almost two decades of ecological restoration. Protecting habitat promotes the recovery of Georges Bank haddock and has rejuvenated the valuable scallop stocks. If NOAA’s own environmental assessment concludes that these protected areas harbor larger, more productive fish, why is NOAA allowing access to kill fish that could help overfished stocks to rebound or healthy stocks to remain healthy?

Also at risk is any role that these areas might play in the long-term protection of fish habitat. For more than eight years, the New England Fishery Management Council (NEFMC) has been “developing” a grand plan, known as the Omnibus Habitat Amendment, designed to meet federal law requirements to protect fish habitat against the damaging impacts of fishing gear. A final decision on the Amendment is expected in ten months. Bizarrely, NOAA is proposing to open areas now that are under consideration for future protection. What will be the remaining value of this habitat after trawls have been allowed to ply them for months? Let’s face it, NOAA, any trawling will diminish this area’s habitat value and trawling for two months will eliminate it. The fact is that if NOAA’s proposal is completed it will effectively preempt the NEFMC’s assessment of these areas and remove them from inclusion in any future habitat protection plan without the fully required analysis.

If the benefit that these areas play in rebuilding and maintaining fish stocks and the fact that they are under consideration in a federally-mandated habitat protection plan was not enough to convince NOAA that opening these areas was a bad idea, the agency should have at least been convinced by the role that they play in buffering against climate change impacts. This is especially so given that NOAA’s strategy for helping fish adapt to climate change is to “conserve habitat to support healthy fish,” and one its means for achieving that is “to reduce negative impacts of capture practices and gear on important habitats for fish.” Sadly, this action could not be more diametrically opposed to these strategies.

NOAA’s proposal appropriately retains protection from trawling for places in the Gulf of Maine like Cashes Ledge, an underwater mountain range 80 miles off the coasts of Massachusetts that harbors the largest and deepest kelp forest on the eastern seaboard and shelters some of the most diverse habitat and wildlife in the region. The agency should extend its rational thinking beyond the Gulf of Maine and retain all existing protected areas until a full consideration of the functions, values and merits of new and existing protected areas has been completed as part of the Omnibus Habitat Amendment process.

The public has until July 26 to comment on NOAA’s proposal to open nearly 3,000 square miles of protected habitat to commercial trawling. Please take action here.

April 24 - Squelching the People’s Voice - So despite a confusing public process and a paltry 15-day comment period, enough people to fill Fenway Park twice over took time out to participate in the public process. And by a ratio of 12 thousand to one they told NOAA to keep the closed areas closed. But you wouldn’t know this from visiting the official public record for the proposal on the internet.

April 26 - Fish Talk in the News – Friday, April 26 - In this week’s Fish Talk in the News, NOAA repeats its refusal of interim measures after a request from Governor Patrick; NEFMC meets and discusses climate change; a bill to allow Maine fishermen to sell lobsterbycatch fails; NMFS authorizes smaller mesh size for redfish; a bill to reintroduce alewives to the St. Croix River comes into effect; federal budget cuts mean NOAA furloughs.

March 18 – The Broken System - The present politically based implementation of the Magnuson Act guarantees the death of commercial fishing on the east coast of the U.S. Allowing fishermen a major voice in the councils has led to the current scarcity of cod and haddock in New England.  Every single piece of stock assessment data indicates that stocks of these two species are in dire straits, yet fishermen complain that NMFS is destroying their living  by not letting them catch more of these fish.

March 22 – Fish Talk in the News – Friday, March 22 - In this week’s Fish Talk in the News, NOAA releases the proposed rule for Framework 48, right whales make a comeback, Maine lobstermen seek to unionize, minimum catch size limits may be forcing fish to mature at a smaller size, Senator Cowan raises concerns over use of Saltonstall-Kennedy funds; Maine legislators debate alewife bills.

October 23 – All About Aquaculture: Current Status in New England - In the fourth and final post in the All About Aquaculture series, we take a look at current aquaculture research and production in New England and the government agencies involved in the regulation of aquaculture operations.

October 26 – Fish Talk in the News – Friday, October 26 - In this week’s Fish Talk in the News, scientists and environmental groups speak out against a proposed fisheries data confidentiality rule; Carl Safina and Andrew Read argue against a delay for a gillnetting closure; The New York Times discusses the damaging effects of trawling; fishing communities prepare for Hurricane Sandy, a coalition celebrates the removal of a dam in Taunton; a new bill would allow spearfishing for stripers in MA; NMFS proposes more relaxed regulations for dogfish; Ellen Pikitch argues for precautionary, ecosystem-based fisheries management.

A New Bedford trawler leaves port.

“Groundfish resources off New England have experienced significant changes in abundance during the past 30 years and have now fallen to all time record lows.” 

-  Ronald Brown, Secretary of Commerce. Declaration of Disaster Affecting the New England Fishing Industry – March 18, 1994

“…I don’t hear so much in New England that ‘there are plenty of fish, our scientists got it wrong’…right now what I hear  – and what I see in the eyes of fishermen  – is people are saying ‘we can’t find codfish’ and they are really worried about their ability to stay in business…”

-  John Bullard, NOAA Northeast Administrator. MPBN Radio Interview – August 29, 2012

Why does this current groundfish crisis seem so familiar? As the populations of New England’s cod, haddock and flounder have continued to decline, it’s not surprising that the number of fishing boats chasing them have declined. The business of consolidation within any industry is often a fact of doing business and we know that consolidation has been happening in the New England groundfish fleet for decades. So far, the New England Fishery Management Council has avoided any serious approach to addressing fleet diversity and consolidation as it kicks the can down the road on the development of Amendment 18, and the National Marine Fisheries Service has been willing to watch from the sidelines. Some members of the New England Congressional delegation are trying to reduce the potentially devastating economic blow to fishing families and coastal communities by seeking federal disaster assistance, and for their good intentions and hard work, are getting a bizarre and negative counter reaction. And, NOAA appears to look for grossly wrong-headed short-term fixes, such as the concept of an accelerated effort to open some of the best remaining habitat areas in the Gulf of Maine to increased trawling and dredging.

Consolidation, fleet diversity, maintaining our region’s fishing heritage, federal assistance and creating new economic opportunities for fishing families are all important and serious issues, but they continue to avoid the core problem. The bottom line is that when there are no fish, there will not be a fishing industry.

What NOAA can do now is to exhibit leadership: stop looking towards actions which would heave the decades-long saga of the New England groundfishery into the next episode and, instead, focus on restoring the fish populations which are the basis for the jobs, resources and tremendous benefits which we all need and enjoy. Don’t wait for the elections and for Congress to sort itself out. Don’t seek to cheat on “inaccessible” fish stocks by opening closed areas. Catch limits which are not based on scientific data may be more politically palatable, but will only continue to mask the simple fact that the region’s best fishing captains aren’t finding fish because the fish are not there.

Here’s a proposal to NOAA: Follow the law. Tell the truth. Do the right thing.

Realistic catch limits are based on scientific data and incorporate a responsible amount of precaution. NOAA can establish rebuilding timelines which create a much higher likelihood of restoring fish populations. Ending overfishing is not just a legal requirement but a best management practice.

In addition to strict scientifically set catch limits, the most basic component for healthy fish populations and ocean wildlife is to protect and maintain quality habitat. This is an area of management which NOAA can effectively control. NOAA needs to come to grips with the reality that better protection and restoration of degraded habitat is not only integral to the recovery of fish populations, but serves to create the long term resilience that fish populations need when the more unpredictable effects of climate change hit. Existing habitat areas and areas already closed to bottom trawling and dredging, juvenile groundfish in nursery areas and essential fish habitat are building blocks for restoring the fishery. This is a Basic 101 Management issue.

Fishing families and coastal communities deserve any help they can get in an economic crisis. Over a year ago the Department of Commerce deployed Economic Development and Assistance Teams to assess economic impacts to New England communities. Those reports are gathering dust. High-level interagency coordination helped develop solutions in the wake of the Deepwater Horizon disaster, and they can do that on a respectable scale in New England. Support communities with the available programs of the Departments of Labor, Housing and Urban Development, the Small Business Administration and community grants.

August 24 – Court Order Sets Clock Ticking for Action on River Herring – In a few weeks the New England Fishery Management Council will get a letter, probably a long one, explaining why the coming year will bring big changes to the way the council handles severely depleted river herring and shad.

August 24 – Fish Talk in the News – Friday, August 24 – In this week’s Fish Talk in the News: NOAA asks Congress to keep NERO in Gloucester; the Boston Globe supports John Bullard; New England fishing is the deadliest profession in the country; the South Shore Seafood Exchange grows; rising seal numbers cause concern; a gold rush for New England conch; river herring return to Upper Mystic Lake; and a cooking competition raises awareness of local, sustainable seafood.

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  Photo credit: Sean Cosgrove

  May 17 – “Slinging Mud” – The mud in Casco Bay, Maine, is changing. According to an article last fall in the Bangor Daily News, areas that used to contain vast quantities of economically valuable clams are now “dead mud.” Local clammers are finding that sites of former abundance are now completely devoid of shellfish. Even efforts to seed the formerly thriving areas with shellfish larvae are not yielding results. Some scientists think that the increasing acidity of the mud, due partly to the increased carbon dioxide being absorbed from the atmosphere, is making conditions unsuitable for shellfish larvae to form, well, shells. We may not yet be able to quantify the damage ocean acidification will cause in New England waters – although researchers are trying. But we don’t want to sit on our hands and wait to see how bad it will get.

• May 18 – “Fish Talk in the News – Friday, May 18” – This week’s interesting fishing and seafood-related stories: the ethics of seafood; NOAA’s annual status of the stocks report; making sure funding for ocean programs stays in the federal budget; CLF’s Peter Shelley talking about seafood on WGBH; and what local seafood to keep and eye out for at the market this summer.

The Gulf of Maine (Northern) shrimp season ends today (Photo credit: Aldric D'Eon, courtsey of the NEFSC).

• February 13: “A behind the scenes peek at the Gulf of Maine cod stock assessments” - What really happened to Gulf of Maine cod? Heather Goldstone of Climatide investigated last week by talking to Liz Brooks and Mike Palmer, two of the scientists at the Northeast Fisheries Science Center who were involved in producing the 2011 Gulf of Maine cod stock assessment.

• February 14: “To help GOM cod, NMFS should not touch closed areas” - It’s been widely reported that at its February meeting, the New England Fishery Management Council voted to ask the National Marine Fisheries Service to take emergency action on Gulf of Maine cod for the 2012 fishing year. The measures proposed, including a mere 3-13% reduction in the catch limit, were notable largely for their failure to address the condition of the depleted cod stock. But there is an aspect of the proposed package that has received little attention, which is troubling, because it would have NMFS open up five of the six existing areas currently closed to groundfishing.

• February 17: “Fish Talk in the News” - A weekly roundup of stories we think will interest readers. This week: news and opinion on Gulf of Maine cod regulations and fisheries science, the end of this year’s Gulf of Maine shrimp season.

This blog was originally published on TalkingFish.org.

It’s been widely reported that at its February meeting, the New England Fishery Management Council voted to ask the National Marine Fisheries Service to take emergency action on Gulf of Maine cod for the 2012 fishing year. The measures proposed, including a mere 3-13% reduction in the catch limit, were notable largely for their failure to address the condition of the depleted cod stock. But there is an aspect of the proposed package that has received little attention, which is troubling, because it would have NMFS open up five of the six existing areas currently closed to groundfishing. The areas at issue serve a myriad of functions for managed commercial species including protection of their habitat and spawning areas and providing a buffer against excessive fishing effort on certain species. Several of these areas have been in place for over fifteen years and have taken on important and positive functions and values that are currently being studied but are not yet entirely understood.

A map of the Gulf of Maine showing the groundfish closed areas (Photo credit: NOAA).

That’s one of the many reasons why the Council’s action is so incomprehensible. It came one day after the Council announced that it was only one year away from completing an eight-year process of collecting data and developing a highly scientific model by which it believes it can identify the best and most vulnerable habitat to protect. So, just when a lengthy scientific process is about to render answers as to what areas should be open and which closed, the Council urged action to open areas and did so without any scientific support. What’s more, many of these closures were imposed in order to comply with a court order to protect habitat from fishing gear, and several of these areas were chosen precisely because they are habitat for Gulf of Maine cod. Giving fishermen access to these areas will increase the likelihood that catch limits on cod will be exceeded and that catch will be discarded, increasing the mortality of this stock and undermining the very purpose of the emergency measure.

There is also the question of the legalities of opening these areas with this action. Many of the areas that the Council has put on the chopping block were originally designated in order to comply with a requirement of the Magnuson-Stevens Act that essential fish habitat must be protected from fishing to the extent practicable. Any elimination of these closed areas risks undoing the Council’s means of complying with this requirement of federal fisheries law. The Service’s action will also be limited by the need to analyze the environmental impacts of reopening closures in compliance with the National Environmental Policy Act. Just such an analysis is currently ongoing with the Council’s groundfish technical team. This analysis can, and with the Service’s help would, be completed in time for the 2013 fishing year, but is not ready as part of this emergency action.

The Service should take this opportunity to invest resources in the essential fish habitat process and the analysis of the groundfish closed areas already underway in order to ensure that it will be completed in time for what will inevitably be an even more restrictive 2013 fishing year. If the Service instead chooses to randomly reopen closed areas through the Council’s requested emergency action, it risks leaving Gulf of Maine cod and other fish stocks more vulnerable to overfishing than before, a blow to the fishery and exactly the opposite of the emergency action’s intended effect.