Fishery Council Vote: Major Losses Overshadow Small Victories | Conservation Law Foundation

Fishery Council Vote: Major Losses Overshadow Small Victories

Peter Shelley | @peashell47

Council votes to slash protected habitats in New England’s ocean by 60 percent

The votes are in, and any hopes of the New England Fishery Management Council redeeming itself are lost.

Yesterday, the Council, which is charged with protecting New England’s fishing habitats and economies, finalized its votes on the Omnibus Essential Fish Habitat Amendment 2. After 12 years of work and the availability of the most sophisticated science modeling and analysis ever used by the region’s fisheries managers, the Council hammered the final nail into the coffin of what could have been a landmark victory for ocean habitat protection in New England.

 

The Council was tasked to vote on habitat management areas for five key fishing regions in New England. Simply put, a vote in favor of habitat protection would have established year-round, long-term fishing closures for the most critical essential fish habitats. A vote against would expose those same fragile ocean habitats to destructive fishing practices – threatening the health of our ocean, fisheries, and coastal economies.

Ultimately, though the Council voted to keep some protections intact, such as the Cashes Ledge Closed Area, it entirely caved to industry pressures as to the rest of the region. The Council’s final votes cut overall protected ocean habitat by an astonishing 60 percent – that’s more than 5,400 square miles of current protected areas. Here’s how it all breaks down:

Georges Bank:

No decision shows the Council’s willingness to grant the industry’s every wish like the Georges Bank vote. At the June Habitat Committee Meeting, it permitted the industry to propose an entirely new alternative prior to any scientific analysis or chance for public comment. The industry-proposed alternative, ultimately voted in by the Council, was clearly a play for increasing access for scallopers to areas of Georges Bank where industry is quick to claim “scallops are dying of old age!” The Council’s own science, however, shows that these areas are comprised of 80 percent gravel and cobble bottom, the most vulnerable of habitats. Allowing scallop dredges into this area is inexcusable when other profitable areas—such as the re-opened Nantucket Lightship area—have been made available under the Council’s decisions for the fishery that already has the highest landings value in the country. Though the Council slightly amended the Committee’s alternative to add a prohibition on fishing in the lobster nursery area on Georges Bank, the protection is only seasonal even though the Atlantic States Marine Fisheries Commission highlighted the importance of the habitat itself for the future of the lobster stocks. Overall with yesterday’s vote, approximately 80 percent of current protected areas on Georges Bank will be lost.

Central Gulf of Maine:

The Council voted to maintain most existing closures in the Central Gulf of Maine, such as the Cashes Ledge Closure Area – however, these measures are simply not enough. The good news is that the Cashes Ledge Closure Area remains closed to mobile-tending bottom gear; the bad news is that much of the area has been identified only as a “mortality closure,” meaning that the area is not recognized for its habitat value and is more susceptible to being opened to fishing in the future, despite the Council’s own analysis that the highest benefits would be achieved by keeping the entire area closed.

Western Gulf of Maine:

The decision surrounding the Western Gulf of Maine was another loss. The Council voted to reduce the size of the existing protected area by 25%. It also voted to allow damaging shrimp trawls to invade an area that has been closed to commercial fishing for more than 20 years.

Eastern Gulf of Maine (Downeast Maine):

A fishing closure did not previously exist in the Eastern Gulf of Maine, so a vote to establish one should be seen as a small victory. However, the Council seemed to forget the intended purpose of the Amendment and voted to significantly reduce the size and scope of the newly protected area in the Downeast Maine area.

Great South Channel/Southern New England:

The Council’s scientific modeling revealed the existence of vulnerable habitat in the Great South Channel off of Cape Cod. Existing protected areas in southern New England waters were deemed less susceptible to fishing impacts, and their protections were removed. The Council established a new Great South Channel Habitat Management Area, but did not hesitate to permit clam dredges – the most damaging of fishing gear – into the majority of the newly created “protected area.”

A missed opportunity

The second Omnibus Habitat Amendment had an auspicious beginning when the Council set a goal of increasing ocean habitat protection and minimizing the negative effects of fishing gear on ocean habitats. However, 12 years later, the result is just the opposite: the Council ignored its own science, dismissed the will of the people as expressed in tens of thousands of public comments, and thumbed its nose at the recommendations of its parent federal agency, NOAA. All we have to show for it is a the shell of a “habitat amendment” that has resulted in a massive diminishment of habitat and fish population protection – and which will, in the long run, do more harm than good for New England’s fishing communities.

Conservation Law Foundation followed this process since the beginning and remains at the forefront of protecting essential ocean habitats from the most destructive commercial fishing practices. New England fisheries lag far behind those around the nation — but this does not mean that all hope is lost for our fisheries. Of the nearly 160,000 people who weighed in on this issue, an overwhelming 96 percent of them wanted an increase in protected areas, not a decrease.

Thank you to all of those who weighed in during this public comment period. The fight is not over. CLF remains dedicated to making the public’s voice heard and will continue to work hard to ensure the proper management of our fisheries and ocean resources.  And, once the Council submits its final vote to NOAA, you will once again have a chance to make your own voice heard in favor of protections for New England’s ocean. Stay tuned to CLF’s blog and Enews for opportunities to comment on the Council’s lopsided amendment in the weeks ahead.

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