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.

The post Putting the Cart Before the Horse: Opening Closed Areas Isn’t Worth the Risk appeared first on Conservation Law Foundation.

May 24 - Fish Talk in the News – Friday, May 24 - In this week’s Fish Talk in the News, Eric Schwaab is leaving NOAA; fisheries regulators ask fishermen not to take out frustration on at-sea observers; the ASMFC postpones a decision on the elver fishery; alewife counts in New England rivers are way up this year; a parasite may be affecting yellowtail flounder populations; Michael Conathan writes on fisheries and climate change; a local scientist testifies in a Magnuson-Stevens reauthorization hearing.

The post This Week on TalkingFish.org – May 20-24 appeared first on Conservation Law Foundation.

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.

The post This Week on TalkingFish.org – April 22-26 appeared first on Conservation Law Foundation.

April 12 - Top Ten Reasons to Protect New England’s Closed Areas - Why should NOAA reject the plan to expand commercial fishing in 5,000 square miles of protected waters? Let us count the ways.

April 12 - Fish Talk in the News – Friday, April 12 - In this week’s Fish Talk in the News, communities react to the start of spring herring runs; Maine’s legislature approves a bill to open fishways on the St. Croix to alewives; other Maine bills would help out large vessels and allow groundfishermen to sell lobster bycatch; the elver fishery continues to draw crime and controversy; New Bedford processors diversify; healthy menhaden stocks support smallmouth bass; the disastrous Gulf of Maine shrimp season ends; debate on closed areas continues.

The post This Week on TalkingFish.org – April 8-12 appeared first on Conservation Law Foundation.

That day, Peter’s argument was simple, and backed by sound science. We must act quickly, he argued, to prevent the Atlantic cod – New England’s most iconic fish — from complete and utter collapse.

The response? Hisses and boos. Hisses and boos.

Peter is no fool – he knew what was coming. A fisheries expert who filed the first lawsuit that led to the cleanup of Boston Harbor, Peter has heard this same response too often. But still, this response is as startling as it is unhelpful.

The science is clear. Atlantic cod populations are at an all-time historic low. The cod fishery, which for generations has supported a way of life in New England’s coastal communities, may be in complete collapse. Don’t believe me? Watch this video of Peter explaining the science behind this critical issue.

Over the coming 14 days, NOAA – the agency in charge of setting limits on how much cod commercial fisherman can catch – is deciding how much to allow commercial fisherman to catch this year. We at CLF believe that the managers of this public resource have a responsibility to revive and rebuild cod stocks.

Instead, they are continuing a decades-long pattern of risky decision-making that has run this fishery and its communities into the ground.

We have an opportunity to urge NOAA to save the Atlantic cod from complete collapse. But we have to act now. The longer we wait, the more we risk losing this iconic fishery.

We at CLF are working to urge NOAA to do three things:

1. Shut down the commercial cod fishery, so as to save it for future generations
2. Protect cod populations, especially the adult females that produce as many as 8 million eggs a year
3. And, protect the ocean refuges that will allow cod to recover, not bow to industry pressure by opening them to more commercial fishing.

If you believe, as we at CLF believe, that the cod fishery is worth saving, please stand with thousands of New Englanders and take action today.

Now is not the time to push the limits of the law and set dangerously high catch levels. Now is not the time to bow to industry pressure. Now is not the time to risk this species for short-term gain.

Now is the time to show strength, and real leadership. Now is the time to try to save New England’s cod fishery for future generations to enjoy.

Please stand with us, and thousands of others, in calling on NOAA to protect this species before it’s too late.

The post Please Stand With Us, For the Sake of Cod appeared first on Conservation Law Foundation.

March 29 - Fish Talk in the News – Friday, March 29 - In this week’s Fish Talk in the News, NOAA releases a draft rule setting 2013 catch limits; a symposium discusses the Cape’s gray seal problem; CNN talks trawling and climate change; Omega Protein charged with polluting coastal waters; the Maine legislature hears arguments on alewife restoration bills; the Obama administration releases its wildlife climate adaptation strategy; Magnuson-Stevens reauthorization hearings focus on implementation.

The post This Week on TalkingFish.org – March 25-29 appeared first on Conservation Law Foundation.

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.

The post This Week on TalkingFish.org – March 18-22 appeared first on Conservation Law Foundation.

March 8 - Fish Talk in the News – Friday, March 8 - In this week’s Fish Talk in the News, the state is concerned fisherman are misreporting the location of their catch; recreational limits for cod remain unchanged for 2013; Tom Nies promises to focus on ecosystem-based management with NEFMC; a New York Times discussion series features Callum Roberts and Vito Giacalone; the Gulf of Maine is particularly vulnerable to ocean acidification; Dave Goethel asks for changes to discard calculations; Cape Pond Ice’s property in Gloucester put up for sale.

The post This Week on TalkingFish.org – March 4-8 appeared first on Conservation Law Foundation.

March 1 – Fish Talk in the News – Friday, March 1 - In this week’s Fish Talk in the News, NOAA proposes measures to increase the monkfish catch, John Bullard writes an op-ed on the New England groundfish fishery, SMAST’s yellowtail avoidance system is growing, dogfish MSC certification expands, public lectures focus on seafood fraud and fleet consolidation, scientists Daniel Pauly, Trevor Branch, and Ray Hilborn face off in Nature.

The post This Week on TalkingFish.org – February 25-March 1 appeared first on Conservation Law Foundation.