Sea Scallop Placopecten magellanicus

Transcription

1 Sea Scallop Placopecten magellanicus Monterey Bay Aquarium US Atlantic Region Dredge June 9, 2012 Wendy Norden, Senior Fisheries Analyst Disclaimer Seafood Watch strives to ensure all our Seafood Reports and the recommendations contained therein are accurate and reflect the most up to date evidence available at time of publication. All our reports are peerreviewed for accuracy and completeness by external scientists with expertise in ecology, fisheries science or aquaculture. Scientific review, however, does not constitute an endorsement of the Seafood Watch program or its recommendations on the part of the reviewing scientists. Seafood Watch is solely responsible for the conclusions reached in this report. We always welcome additional or updated data that can be used for the next revision. Seafood Watch and Seafood Reports are made possible through a grant from the David and Lucile Packard Foundation.

2 2 Final Seafood Recommendation The Atlantic sea scallop (Placopecten magellanicus) is a bivalve mollusk that ranges from the Gulf of St. Lawrence and Newfoundland, Canada to Cape Hatteras, North Carolina in the United States. This report is on the United States Atlantic sea scallop dredge fishery, which accounts for almost all U.S. sea scallop landings. Sea scallops are ranked as a Good Alternative for both the Georges Bank and Mid Atlantic stocks. Species/ Stock Gear/ Region Impacts on the Stock Rank Score Impacts on Other Species Lowest scoring species Rank*, Subscore, Score Management Rank Score Habitat and Ecosystem Rank Score Overall Recommendation Score Sea Scallops Mid Atlantic Green 4.28 Loggerhead sea turtle Red, 1.92,1.82 Green 4.47 Yellow 2.6 GOOD ALTERNATIVE 3.12 Sea Scallops Georges Bank Green 4.28 Yellowtail flounder Yellow, 2.71,2.57 Green 4.47 Red 2.12 GOOD ALTERNATIVE 3.24 Scoring note scores range from zero to five where zero indicates very poor performance and five indicates the fishing operations have no significant impact.

3 3 Table of Contents Final Seafood Recommendation... 2 Executive Summary... 4 Introduction... 6 Analysis Criterion 1: Stock for which you want a recommendation Criterion 2: Impacts on other retained and bycatch stocks Criterion 3: Management effectiveness Criterion 4: Impacts on the habitat and ecosystem Acknowledgements References Appendix A: Review Schedule About Seafood Watch Guiding Principles... 56

4 4 Executive Summary This report is on the United States Atlantic sea scallop (Placopecten magellanicus) fishery. The Atlantic sea scallop is a benthic bivalve mollusk that ranges from the Gulf of St. Lawrence and Newfoundland, Canada to Cape Hatteras, North Carolina in the United States. This report focuses only on the US fishery only. Scallops are typically found on sand and gravel bottoms in waters meters (m) depth. Due to their sensitivity to high water temperatures, scallops become increasingly restricted to deeper waters in the southern portion of their range, generally inhabiting waters less than 20 degrees Celsius. The scallop fishery operates almost entirely with bottom dredge gear. Sea scallops are highly resilient to fishing pressure. They mature quickly (at 2 years), have a relatively long life span (18 29 years) and reproduce through broadcast spawning. While adult sea scallops do not disperse widely, a five week planktonic phase allows for some larval dispersal. A density dependent stock recruitment relationship has been suggested, but there remains no clear evidence of a stock recruitment relationship. There are regular stock assessments for sea scallops and biomass has been fluctuating around or above targets since Fishing mortality has been in decline over recent years, and is currently at the mortality threshold. However, there are some concerns over the potential to underestimate fishing related mortality because fishing areas closed for conservation purposes (that have very high biomass, due to lack of fishing pressure) are included in overall assessments. Retained and bycatch species analyzed in this assessment have been chosen based on either the percent of catch they make up in the sea scallop fishery or their conservation status (endangered, threatened, overfished, etc.). These species are: loggerhead turtles (Caretta caretta), in the Mid Atlantic region; yellowtail flounder (Limanda ferruginea); the skate complex, particularly barndoor skate (Dipturus laevis), little skate (Leucoraja erinacea) and winter skates (Leucoraja ocellata); and monkfish (Lophius americanus). Bycatch of loggerhead turtles in the Mid Atlantic region and yellowtail flounder on Georges Bank are used to score the impact on other species criterion (Criterion 2) because they are the lowest scoring species caught in the respective fisheries, thus limiting the score. Loggerhead turtles have a high vulnerability to fishing pressure and are listed as a threatened species. Although there are some interactions with sea turtles and scallop dredges, regulations are in place to mandate turtle deflector dredges (TDDs) that have been shown to minimize these interactions. Some studies have shown that the scallop fishery has no population level effect on loggerheads. However, these studies do not consider the cumulative impact of all fisheries on loggerhead populations. Yellowtail flounder have a medium vulnerability to fishing pressure and are listed as overfished. In the sea scallop fishery, a hard total allowable catch (TAC) is set and closely monitored for yellowtail flounder. In addition, the New England Fisheries Management Council (NEFMC) has set the TAC for yellowtail within a rebuilding timeframe. However, stock biomass

5 5 has not yet been rebuilt (despite some small increases in spawning stock biomass), but it is probable that the scallop fishery, due to hard TACs and closures when TACs are met, has a limited impact on the population. Management of the US scallop fishery has been highly effective at recovering sea scallop stocks from a depleted state, maintaining stock biomass and taking a progressive approach to protect scallop populations through the use of closed and rotational closed areas, gear restrictions, effort controls or days at sea (DAS) limits, and through the use of on board observers and vessel monitoring systems (VMS). In addition, management has taken measures to reduce bycatch. Finfish bycatch is being addressed through the establishment of hard bycatch and discard TACs, seasonal restrictions, and gear modifications. Sea turtle bycatch is primarily being addressed through gear modifications, regulated turtle deflector dredges, seasonal closures, and effort limits during the time of year when turtles overlap with the scallop fishery. The impact of scallop dredge gear on benthic habitats is a moderate to high concern, depending on habitat type. Because the scallop fishery in the U.S. Atlantic stretches from Maine to North Carolina, the spatial scale of these impacts is large and has potentially altered a significant amount of the benthic ecosystems and habitats along the Atlantic coastal shelf. However, the NEFMC has some effective measures in place to restrict fishing effort and footprint of scallop dredges. In addition, although not fully implemented, there is progress being made through the New England Fisheries Management Council on planning for future ecosystem based management.

6 6 Introduction Scope of the analysiss and ensuing recommendation The Atlantic sea scallop (Placopecten magellanicus) is a bivalve mollusk that ranges from the Gulf of St. Lawrence and Newfoundland, Canada to Capee Hatteras, North Carolina in the United States (NEFC 1991; NEFMC 2011a). This report is on thee United States Atlantic sea scallop dredge fishery (Figure 1), which accounts for over 95% of all sea scallop landings along the Atlantic Coast in the United States (NEFMC 2011b). Figure 1. US sea scallop fishing areas. Figure from NEFMC 2012 Draft Framework 24

7 7 Overview of the species and management bodies The US sea scallop fishery has been managed by the NEFMC since Although all sea scallops in the US Exclusive Economic Zone (EEZ) are managed as a single stock (Amendment 10), four regional components and six resource areas are recognized (NEFMC 2011b; NEFMC 2004a). Major aggregations of sea scallops are found in the Mid Atlantic from Virginia to Long Island, Georges Bank, the Great South Channel, and the Gulf of Maine (Hart and Rago, 2006; NEFSC, 2007; NEFMC 2011b). The four regional components are further divided into six resource areas: Delmarva (Mid Atlantic), New York Bight (Mid Atlantic), South Channel, southeast part of Georges Bank, northeast peak and northern part of Georges Bank, and the Gulf of Maine (NEFMC, 2007; NEFMC 2011b). Assessments and management focus on the two main parts of the fishery that contain the largest concentrations of sea scallops: Georges Bank and the Mid Atlantic region. The fishery is divided into a limited access fleet, which includes larger boats that make long trips, and a general category fleet of smaller boats, which make day trips (NEFMC 2011b). The general category fleet is broken down into an additional three categories: general category individual fishing quota (IFQ) permits, limited access incidental catch permits, and limited access Northern Gulf of Maine (NGOM) permits (NEFMC 2011b). Limited access vessels are allocated roughly 95% of the annual catch limit (NOAA 2011). Currently the fishery is managed using a spatially explicit strategy that optimizes yield by closing fishing areas for variable lengths of time to protect small scallops and to delay fishing until scallops are larger (NEFMC 2011b). This increases catch per unit of effort, reducing area swept or the time fishing (NEFMC 2011b). Less fishing time translates into reduced fishing costs, less bycatch, and less impact on benthic ecosystems (NEFMC 2011b). Throughout the sea scallop management history, a number of amendments and framework adjustments to the sea scallop FMP have been implemented. The primary management tool during the 1980s and 1990s was the use of average meat counts per pound. The original management scheme of open access permits, industry agreements on trip lengths, and minimum scallop size (as determined by meat counts/pound), failed to adequately manage the fishery. Fishing mortality remained high and biomass low until the late 1990s (NEFMC 2003). In 1994, Amendment 4 to the Atlantic sea scallop FMP was adopted to address excessive fishing mortality, overfishing, and overcapitalization of the fleet (NEFMC 2003). At the same time, three areas in the New England region were closed to almost all fishing to control groundfish mortality (NEFMC 2003). Scallop biomass within the closed areas increased substantially, reaching record levels. Limited reopening of portions of closed areas on Georges Bank to scallop dredging began in 1999 (NEFMC 2003). After observing the potential utility of closed areas for increasing scallop biomass, and thereby enhancing fishery catch and reducing bycatch, temporary closure of scallop fishing grounds has been incorporated into subsequent management plans (NEFMC 2003). In 1998, Amendment 7 to the Atlantic Sea Scallop FMP was implemented to comply with the Sustainable Fisheries Act. As part of the amendment, the NEFMC developed a 10 year plan for

8 8 stock rebuilding (NEFMC 2003). The amendment redefined overfishing and further reduced allowable DAS (NEFMC 2003). In addition, there were changes in gear to improve size selection and reduce bycatch, and enhanced monitoring of boats to track effort (NEFMC 2003). In 1998, two additional areas in the Mid Atlantic, Hudson Canyon and Virginia Beach controlled access areas were closed specifically to enhance scallop populations (Hart 2003). Amendment 10 (2003) implemented a long term, comprehensive program to manage the sea scallop fishery through an area rotation management program to maximize scallop yield (NEFMC 2003). Scallop fishing areas were defined, closed and reopened to fishing on a rotational basis, depending on the condition and size of the scallop resource (NEFMC 2003). Amendment 10 also implemented an increase to the minimum ring size for scallop dredges from 3.5 inches to 4 inches to allow undersized scallop escape from capture (NEFMC 2003). From 2004 to 2007, the Elephant Trunk area in the Mid Atlantic was closed to scallop fishing, as part of a rotational scallop fishing plan (NEFSC 2007). More recently, Amendment 15 (2010) was implemented, which includes measures to set annual catch limits (ACLs) and accountability measures (AMs) to comply with the reauthorization of the Magnuson Stevens Act (NEFMC 2011c) and other measures. Measures include: (1) an ACL structure and accountability measures for the scallop fishery, and for yellowtail flounder caught as bycatch; (2)the overfishing definition and reference points have been changed from Fmax and Bmax to Fmsy and Bmsy; (3) the essential fish habitat (EFH) closed areas will be modified to be consistent with EFH areas closed under the multispecies fisheries Amendment 13; and (4) adjustments are being made to the research set aside program to account for multi year research projects (NEFMC 2011a; NEFMC 2004b). Effective in May 2012, measures under Framework 23 (FW23) to the sea scallop FMP were established to provide increased protection for sea turtles (NEFMC 2012). FW23 requires all scallop vessels fishing in designated regions, at specific times of the year, depending on region, to use a regulation Turtle Deflector Dredge (TDD) that has been shown to minimize sea turtle bycatch (NEFMC 2012). Production statistics Landings from the US Atlantic sea scallop fishery have grown considerably since the 1990s and this fishery is thought to be the largest single scallop fishery in the world (SFG 2010). Since 2003, landings have remained above 50 million pounds per year (24,300 metric tons on average) (Figure 2; NMFS 2012). In 2010, three states were responsible for 96% of the total 57,048,169 pounds of US sea scallop landings: Massachusetts (55%; 31,157,186 lbs); New Jersey (25%; 14,170,164 lbs); and Virginia (16%; 9,167,499 lbs). In 2010, U.S. scallop landings were valued at over $450 million (Science Daily 2012; NMFS 2011).

9 millions lbs Others Connecticut Virginia New Jersey Massachusetts Figure 2. US Landings of sea scallops , in millions of pounds by state landed. Others" are Rhode Island, Maine, New York, Maryland, North Carolina, New Hampshire, Delaware, and Pennsylvania. Figure compiled from data in NMFS Importance to the US/North American market The increase in landings especially of larger scallops has led to an increase in US exports of scallops from about 5 million pounds in 1999 to about 25 million pounds per year since 2005, valued at over $130 million (NEFMC 2011b). The largest markets in 2010 were France (23%), Canada (19%) and Belgium (15%) (SFG 2010). In 2010 scallop exports were 25 million pounds and imports were almost 60 million pounds (mainly from China, Japan and Canada)(NEFMC 2011b). Common and market names Sea scallops are also known as giant scallops. When used for sushi or sashimi, sea scallop is commonly sold as hotate or hotategai. Primary product forms The adductor muscle, referred to as the eye, is the main edible part of the scallop in the US, although several regions in the world prefer whole scallops with gonads attached. The color of the raw meat varies from creamy white to slightly orange due to the types of algae they consume. Scallops are sold fresh, frozen, dried, and in brine or water.

10 10 Analysis Scoring guide All scores result in a zero to five final score for the criterion and the overall final rank. A zero score indicates poor performance, while a score of five indicates high performance. The full Seafood Watch Fisheries Criteria that the following scores relate to are available on our website at Criterion 1: Stock for which you want a recommendation Guiding principles The stock is healthy and abundant. Abundance, size, sex, age and genetic structure should be maintained at levels that do not impair the long term productivity of the stock or fulfillment of its role in the ecosystem and food web. Fishing mortality does not threaten populations or impede the ecological role of any marine life. Fishing mortality should be appropriate given current abundance and inherent resilience to fishing while accounting for scientific uncertainty, management uncertainty, and non fishery impacts such as habitat degradation. Summary Stock Inherent Vulnerability Stock Status Fishing Mortality Criterion 1 Rank Rank (Score) Rank (Score) Rank Score Sea Scallops Low Very Low Concern (5) Low Concern (3.67) Green 4.28 Sea scallops are highly resilient to fishing pressure. They mature quickly (at 2 years), have a relatively long life span (18 29 years) and reproduce through broadcast spawning. While adult sea scallops do not disperse widely, a five week planktonic phase allows for some larval dispersal. A density dependent stock recruitment relationship has been suggested, but there remains no clear evidence of a stock recruitment relationship. Regular stock assessments are performed for sea scallops and biomass has been fluctuating around or above targets since Fishing mortality has been in decline, but is currently at the mortality threshold. However, there are some concerns with underestimating fishing related mortality due to closed (to fishing) conservation areas used in biomass assessments.

11 11 Justification of Ranking Factor 1.1 Inherent Vulnerability: Low Key relevant information: Atlantic scallops are considered of low vulnerability. Detailed Rationale: Factor Scallop Score Source Average age at Maturity 2 years 3 McGarvey et al Average maximum Age years 2 Bricelj and Shumway 1991 Reproductive Strategy Broadcast Spawner 3 Barber and Blake 1991; McGarvey et al Density Dependence No depensatory or compensatory dynamics likely Score (mean of factor scores) 2.5 Factor 1.2 Stock status: Very low concern 2 McGarvey et al. 1992; Smith and Rago 2004; Hart and Rago 2006 Key relevant information: Sea scallop biomass has been fluctuating around or above B TARGET since 2004 (NEFMC 2011d; Figure 3). Detailed Rationale: The most current sea scallop stock assessment sets B MSY at 125,359 mt meats (NEFMC 2011d). Sea scallop biomass has been increasing since 1995 and has been relatively stable since 2004 (Figure 3). An independent assessment of the scallop stock reference points concluded that The sea scallop reference points are reasonable given the currently highly productive state of the stock, but should be revised if the population reverts to a less productive state. (Trzcinski 2010; Table 1). In 2009, biomass in both the Mid Atlantic and Georges Bank fluctuated slightly, but both remained over 60,000 mt (NEFMC 2011d; Figure 3). Total (all stocks) sea scallop biomass in 2009, was estimated to be 129,700 metric tons of meats (NMFS 2012; NEFMC 2011d; Figure 3). This is above B TARGET = B MSY = 125,000 mt meats as well as the B THRESHOLD = 1/2 B MSY = 62,600 mt meats (NEFMC 2011d; Figure 3).

12 12 Figure 3. Sea scallop biomass and reference points. Figure from NEFMC 2011d Table 1. Biological reference points ( 2010) for the sea scallop fishery. GBK = Georges Bank; MAB = Mid Atlantic Table from NEFMC 2011d) Factor 1..3 Fishing mortality: Low concern Key relevant information: The sea scallop fishery is not considered overfished and overfishing is not occurring (NMFS 2012; NEFMC 2011d). Fully recruited fishing mortality (F) ranged between 0.37 to 0.4 from 2005 to The probability of overfishing in 2009 was less than 50% (NEFMC 2011d), but there is uncertainty over the reasons for recent very high recruitment (NEFMC 2011c; NEFMC 2011d) and the possibility of underestimating fishing mortality when much of the biomass is located in closed areas (Hart 2003). Detailed Rationale: The sea scallop fishery has become more selective towards larger scallops, making the use of F max as proxy for F MSY problematic (due to the flattening of yield per recruit curves) (NEFMC 2011c). The last stock assessment in 2007 used a F MAX proxy, but the current assessment uses F MSY (NEFSC 2007; NEFMC 2011d). Trends in fishing mortality for sea scallops have been on the decline for both Georges Banks and the Mid Atlantic Regions (Figure 4). In 2009, the sea

13 13 scallop fishery was not considered overfished and overfishing was not occurring (NMFS 2012; NEFMC 2011d). Fully recruited fishing mortality (F) ranged from 0.37 to 0.4 (averaged 0.38) from (Figure 5a and 5b). In the 2010 stock assessment F MSY is set at 0.38 for the entire stock (Table 1; NEFMC 2011d). Based on Stochastic Yield Model (SYM) outputs, the stock is not currently overfished (Trzcinski 2010). However, the entire stock is at F Thre eshhold and the probability of overfishing in 2009 was less than 50% (NEFMC 2011d). Although recruitmentt has been an order of magnitude higher than in the late 80s it is unclear what has caused the recent highly productive state in the sea scallop fishery (NEFMCC 2011c; NEFMC 2011d; Trzcinski 2010). Another concern is that fishing mortalities may be underestimated when much of the biomass is located in conservation closures, as seen in the sea scallop fishery (Hart 2003). Fishing pressure will need to be monitored closely for growth and recruitment to avoid overfishing in the future (Figure 5a; NEFMC 2011c; NEFMC 2011d; Trzcinski 2010). Figure 4. Fishing mortality trends (red line) and biomass (gray bars) from 1997 to 2009 in the Mid Atlantic and Georges Bank. Figure from NEFMC 2011a Figure 5a. Annual fishing mortality rates ( ). * note: trends may be difficult to interpret due to changes in size selectivity (selectivity has shifted to larger sea scallops). Figure from NEFMC 2011d

14 14 Figure 5b. Exploitation index (annual trends in proportion harvested) for sea scallops. Calculated as the ratio of total catch and abundance of sea scallops (>80 mm). Figure from NEFMC 2011d Criterion 2: Impacts on other retained and bycatch stocks Guiding principles The fishery minimizes bycatch. Seafood Watch defines bycatch as all fisheries related mortality or injury other than the retained catch. Examples include discards, endangered or threatened species catch, pre catch mortality and ghost fishing. All discards, including those released alive, are considered bycatch unless there is valid scientific evidence of highh post release survival and there is no documented evidence of negative impacts at the population level. Fishing mortality does not threaten populations or impede the ecological role of any marine life. Fishing mortality should be appropriate given each impacted species abundance and productivity, accounting for scientific uncertainty, management uncertainty and non fishery impacts such as habitat degradation.

15 15 Summary Georges Bank Stock Inherent Vulnerability Stock Status Rank Rank (Score) Yellowtail Medium High flounder Concern (2) Barndoor High Low Skate/Complex Concern (4) Monkfish High Low Concern (4) Sea Scallops Low Very Low Concern (5) Mid Atlantic Stock Inherent Vulnerability Stock Status Rank Rank (Score) Loggerhead High Very High sea turtle Concern (1) Yellowtail Medium High flounder Concern (2) Barndoor High Low Skate/Complex Concern (4) Monkfish High Low Concern (4) Sea Scallops Low Very Low Concern (5) Fishing Mortality Rank (Score) Low Concern (3.67) Moderate Concern (2.33) Low Concern (3.67) Low Concern (3.67) Fishing Mortality Rank (Score) Low Concern (3.67) Low Concern (3.67) Moderate Concern (2.33) Low Concern (3.67) Low Concern (3.67) Subscore Subscore Score (subscore*discard modifier) Rank (based on subscore) Yellow Yellow Green Green Score (subscore*discard modifier) Red Rank (based on subscore) Yellow Yellow Green Green

16 16 Retained and bycatch species analyzed in this assessment have been chosen based on either the percent of catch they make up in the sea scallop fishery or their conservation status (endangered, threatened, overfished, etc.). These species include: loggerhead turtles (Caretta caretta) in the Mid Atlantic region; yellowtail flounder (Limanda ferruginea); and the skate complex, including barndoor skate (Dipturus laevis). We focus this assessment on loggerhead turtles in the Mid Atlantic region and yellowtail flounder in the Georges Bank region because they are the species that limit the score for this criterion. Loggerhead turtles have a high vulnerability to fishing pressure and are listed as a threatened species. Although there are some interactions with sea turtles and scallop dredges, there are gear restrictions and mandated use of TDDs in areas and/or times of year when turtle bycatch is most likely. In addition, studies have shown that the scallop fishery has no population level effect on loggerheads. However, these studies do not consider the cumulative impact of all fisheries on loggerhead populations. Yellowtail flounder have a medium vulnerability to fishing pressure and are listed as overfished. In the sea scallop fishery, a hard TAC is set and closely monitored for yellowtail flounder. In addition, the NEFMC has set the TAC for yellowtail within a rebuilding timeframe (2016). However, stock biomass has not yet been rebuilt (despite some small increases in SSB), but it is probable that the scallop fishery, due to hard TACs and closures when TACs are met as well as gear modifications, has a limited impact on overall fishing mortality. Justification of Ranking Factor 2.1 Inherent Vulnerability Loggerhead Turtle: High vulnerability Key relevant information: High Vulnerability (Criteria document p9) Yellowtail Flounder: Medium vulnerability Key relevant information: FishBase score = 37 (Froese and Pauly 2010) Skate Complex: High vulnerability Key relevant information: Barndoor skate (as an example): FishBase score = 77 (Froese and Pauly 2010) Detailed Rationale: Several species of skate may be landed or discarded, including barndoor skate, little (Leucoraja erinacea) and winter skates (Leucoraja ocellata) and others. It is difficult to determine bycatch

17 17 skate species because reporting of skates is often recorded as unclassified species. Barndoor skate is the least resilient species in the complex and therefore used for scoring purposes. Monkfish: High vulnerability Key relevant information: FishBase score = 77 (Froese and Pauly 2010) Factor 2.2 Stock status Loggerhead Turtle: Very High Concern Key relevant information: Listed as Threatened in the Northwest Atlantic (NOAA 2012). Detailed Rationale: Population size of loggerheads has been in decline in over the past decade (TEWG 2009; NEFMC 2011c). Annual nest numbers of the Western North Atlantic have been generally decreasing, with a slight upturn in 2008 (TEWG 2009). Of particular concern is the decrease in the Peninsular Florida population, which represents approximately 80% of all the nests in the Western North Atlantic (TEWG 2009). There has been an overall nest decrease of 37% in the Peninsular Florida population between 1989 and 2007 (TEWG 2009). Yellowtail Flounder: High concern Key relevant information: All three stocks of yellowtail flounder are considered Overfished (NOAA 2012). Detailed Rationale: The current stock status of the three stocks is: Cape Cod/Georges Bank Stock Listed as Overfished by NOAA (NOAA 2012) 25% of the target biomass Georges Bank Stock Listed as Overfished by NOAA (NOAA 2012) 47% of target biomass Southern New England/Mid Atlantic Stock Listed as Overfished by NOAA (NOAA 2012) 13% of target biomass Skate Complex: Low concern Key relevant information: Barndoor skate (considered rebuilding) is at 63% of MSY, above the biomass threshold, but below the target (NEFMC 2009).

18 18 Detailed Rationale: The skate FMP was implemented in 2003, after concerns were expressed about the low biomass and potential for overfishing barndoor skate (NEFMC 2009). Amendment 3 to the skate FMP identified the barndoor skate as no longer overfished, but biomass has not yet rebuilt to the 1.62 kg/tow target (NEFMC 2009). Monkfish: Low concern Key relevant information: The 2010 stock assessment indicates biomass well above target levels in both the northern and southern management areas, but there is considerable uncertainty in the assessment. Detailed Rationale: Based on the results of the 2010 stock assessment, monkfish biomass estimates in both the northern and southern management areas are well above target levels (Figure 6). However, the panel reviewing the stock assessment expressed concern over stock status uncertainty (NEFMC 2011g). There is uncertainty with stock estimates and the northern stock may experience overfishing from 2011 to 2016 (NEFMC 2011g). In addition concerns have been raised by Trzcinski (2010) at the most recent Regional Stock Assessment Review Committee: I had some significant concerns with the monkfish assessment. First, the input data seems poor. The survey did not catch many fish, the landings were subject to large errors and assumptions, the catch was not well sampled for many years, and there were serious aging problems which cause large uncertainties in the growth model. Second, the model does not appear to be performing well. The model predicts monkfish increases in the past 7 years or so in both management regions, and there is no indication of the population increasing in the raw survey or length frequency data. (Trzcinski 2010).

19 19 Figure 6. Trends in monkfish biomass. Figure from NEFMC 2011g Factor 2..3 Fishing mortality Loggerhead Turtle: Mid Altantic Low Concern; Georgess Bank nott a main species Key relevant information: Due to management actions (seasonal closures, fishing effort reductions, gear modifications (e.g. chain mats)), there have been marked declines in estimated turtle interactions with scallop dredges (Murray 2011; BiOp 2012). Merrick and Hass (2008) found no turtle population impacts or risk of extinction caused by the scallop fishery, and the 2008 Biological Opinion concluded that the sea scallop fishery was not likely to jeopardize the sea turtles continued existencee (Conant et al. 2009; NEFMC 2011c; NMFS 2012). However, studies that have shown no population level impacts did not fully consider the cumulative impacts of turtle bycatch across all fleets fishing in the Mid Atlantic. The total estimated bycatch of loggerhead turtles in the scallop dredge fishery in the Mid Atlantic for 2003 was 749 turtles (Murray 2004), which was reduced to 180 turtles in 2004 (Murray 2005). The overall average number of sea turtle interactions with scallop dredge gear between January 2001 through September 2006 was estimated to be 288 turtles (95% CI: ). After thee implementation of chain mats, this average was reducedd to 20 turtles (Murray 2011). Finkbeiner et al. (2011, supplemental data) estimated the mean annual bycatch mortality events (between ) for loggerhead turtles in scallop dredge gear to be 579 loggerheads before regulated gear mitigation (chain mats) to reduce bycatch, effective in 2004 and 2006 that decreasedd average annual mortality to

20 loggerheads (Finkbeiner et al. 2011). The most recent (2012) Biological opinion predicts a 64% reduction in loggerhead mortalities between 2012 and 2013 (BiOp 2012). However, other fisheries, such as the Mid Atlantic bottom trawl has an average mortality of 265 loggerheads and Mid Atlantic gillnet fisheries have an average mortality of 123 loggerhead turtles (Finkbeiner et al. 2011). Given that hundreds of loggerheads are killed annually in fisheries operating in the Mid Atlantic, cumulative impacts must be considered, although we realize that the sea scallop fishery has reduced its bycatch over recent years. Although some studies have shown that there are no population level impacts on loggerhead from sea scallop fishing, these studies fail to address the cumulative impact of all fisheries operating in the Mid Atlantic, which remain a serious concern. Loggerhead turtles are declining throughout much of their range. A recent analysis found that the declines in nesting populations most likely reflected a decline in adult females, and that bycatch in fisheries was the most likely cause of this decline (Witherington et al., 2009). The 2009 status review of loggerhead populations found that the Northwest Atlantic subpopulation was declining, with further declines projected, and that the largest anthropogenic threat to Northwest Atlantic loggerhead populations was bycatch in fisheries. Simulations using age structured models indicate that loggerheads could increase in the absence of fisheries induced mortality, but are predicted to continue decreasing unless bycatch mortality in fisheries is reduced (Conant et al. 2009). While this cumulative rate of bycatch is a serious concern, and the scallop fishery is a contributor, it has reduced its turtle bycatch with the use of recently introduced deflector dredges (NMFS 2012). Other fisheries, including Gulf of Mexico reef fish and shrimp trawls, and the Mid Atlantic trawls and gillnet fisheries are responsible for greater mortality rates. In addition, the scallop fishery has continually improved its regulations to reduce bycatch of turtles (see below). Therefore Seafood Watch deems sea turtle interactions in the U.S. dredge scallop fishery as a low conservation concern, taking into account the expectation of significant further reductions in mortality when new regulations go into effect in Detailed Rationale: Three species of endangered and threatened sea turtles have been identified as bycatch in the dredge scallop fishery along the Eastern United States: loggerhead, Kemp s ridley (Lepidochelys kempii) and green sea turtles(chelonia mydas) (NEFMC 2011c; TEWG 2009; Zollett 2009; Haas et al. 2008; Merrick and Haas 2008; Murray 2011, BiOp 2012). Loggerhead turtles are the most frequently recorded observed species of turtle bycatch in the fishery, and are the only species for which the total magnitude of interactions in the fishery has been estimated; thus they are used in this assessment (Murray 2007). Population size of loggerheads has been in decline (TEWG 2009; NEFMC 2011c). Turtle bycatch occurs primarily in the Mid Atlantic fishing region between June and October (Murray 2004, 2005, 2007). From 2001 to 2004, Murray (2007) estimated that several hundred loggerhead turtles were captured in scallop dredges operating in the Mid Atlantic. Improvements in dredge gear design, seasonal closures, and effort shifts away from turtle areas have resulted in a marked decline in the magnitude and injury level of sea turtle interactions

21 21 with commercial dredge gear (Murray 2011). Fishery impacts are evaluated under a comprehensive Biological Opinion with mandated conservation measures in place that are addressed when annual fishery specifications are set under the Scallop Fishery Management Plan (NEFMC 2011c; Conant et al. 2009). Fishing effort is limited in times and areas where fishing effort and turtles co occur, via trip limits or rotational closures. In addition, since 2006, vessels fishing south of 41º 10 latitude are required to use chains mats to exclude turtles from entering the dredge bag. Turtle chains are anticipated to reduce the potential for injury and mortality (Haas, et al. 2008; Murray 2011) that may occur when dredges are emptied on deck or in the bag itself, because the chains prevent turtles from entering the dredge bag. However, there is still some concern that turtles may be run over by a dredge on the seafloor. To address this issue, Smolowitz et al. (2010) describes further modifications to the standard New Bedford dredge designed to avoid turtles becoming trapped and crushed as they pass between the dredge frame and sea floor. In addition, a study (with limited testing) by Smolowitz et al. (2010), found that although dredge gear may run over sea turtles, these gear impacts may cause little, if any damage to turtles. Effective in May 2012 new measures under Framework Adjustment 23 (Framework 23) to the Atlantic Sea Scallop Fishery Management Plan include increased regulations on minimizing sea turtle bycatch (NEFMC 2012). These measures mandate the use or TDDs. When sea turtles come in contact with TDDs on the sea floor they are thought to be more easily deflected over the dredge frame and dredge bag, and not caught on the frame (NEFMC 2012). Regulations include: Effective Date, Season, and Area Required (NEFMC 2012): TDDs must be used beginning May 1, The TDD season is from May 1 through October 31 each year, starting in Vessels fishing in TDD Area west of 71 W. Long. Must use TDDs during the entire TDD season. The TEWG (2009) has noted that there are various threats (larger than scallop dredging) to loggerhead populations including: bottom trawl, pelagic and demersal longline, and demersal large mesh gillnet fisheries; legal and illegal harvest; vessel strikes; beach armoring and erosion; marine debris ingestion; oil and light pollution; and predation by native and exotic species. Yellowtail Flounder: Low concern Key relevant information: TACs are set and closely monitored for yellowtail flounder in the scallop fishery. Yellowtail flounder catch limits for the scallop fishery represent 14% of the total Georges Bank ACL and 13% of the total SNW/MA ACL (NOAA 2011a). The most recent assessment of Cape Cod/Gulf of Maine yellowtail flounder indicated F 2010 = 0.36 and F MSY = 0.26, so F 2007 /F MSY = 1.38, and overfishing was therefore occurring (NEFSC 2012c). However, the stock is currently in a rebuilding plan and the ACL limits set for yellowtail flounder are not expected to limit its recovery (NMFS 2012d). In addition, the NEFMC has set TAC for yellowtail within a rebuilding

22 22 timeframe by However, stock biomass has not yet been rebuilt (despite some small increases in SSB; Figure 9), but it is probable that the scallop fishery, due to hard TACs and closures when TACs are met, has a limited impact on overall fishing mortality. Detailed Rationale: Yellowtail flounder are managed under the New England Fishery Management Council's Northeast Multispecies Fishery Management Plan (NOAA 2011). Measures have recently been approved for the management of all groundfish in the Northeast to end overfishing, rebuild overfished groundfish stocks and maintain healthy stocks (NOAA 2011). Effective 2010, these new requirements set a limit on the amount of all groundfish that can be caught, as well as measures to mitigate if the catch limits are exceeded (NOAA 2011). Yellowtail flounder stocks are overfished with overfishing occurring (NOAA 2012; Figure 7; Figure 10; see Figure 8 for stock areas). To account for negative impacts to yellowtail flounder populations, the NEFMC sets annual catch limits (ACLs = hard TACs) for the Southern New England/Mid Atlantic and Georges Bank yellowtail flounder catch in the scallop fishery. The yellowtail flounder allocations are established through biennial framework adjustments in the Northeast Multispecies FMP (NOAA 2011a). These sub ACLs are based on the annual amount of yellowtail flounder projected to be harvested by the scallop fishery in a given fishing year and represents a portion of the ACL available to the multispecies fishery (NOAA 2011a). The 2011 ACLs for were set through Framework Adjustment 45 to the NE Multispecies FMP and are as follows: (NOAA 2011a) : Georges Bank yellowtail ACLs for the sea scallop fishery is 442,688 lbs. (of the total ACL 3,121,746 lbs.) : Southern New England/Mid Atlantic yellowtail ACLs for the sea scallop fishery is 180,779 lbs. (of the total ACL 1,413,163 lbs.) The Northeast Multispecies FMP also allocates yellowtail flounder catch specifically to scallop access areas within Georges Bank and southern New England (NOAA 2011a). In 2011, Closed Areas I and II were allocated 306,000 lbs. (139 mt) of yellowtail flounder combined (Figure 9). This quota represents 9.8 percent of the total for Georges Bank (NOAA 2011a). If that TAC is reached, the Closed Areas I and II will close to all vessels fishing for scallops for the remainder of 2011 fishing year (NOAA 2011a). The TAC for yellowtail is not additive, meaning that catch from Closed Area I and II is applied to all Georges Bank (NOAA 2011a). In 2011, the fishery was limited to 442,688 lbs. (201 mt) in Georges Bank, which includes the 306,000 lbs. (139 mt) set aside for Closed Areas I and II (CAI, CAII). Both access areas will close to scallop fishing if 306,000 lb of yellowtail flounder is caught from Closed Area I and/or Closed Area II (NOAA 2011a).

23 23 Some suggested rebuilding trajectories for Georges Bank include: Suggested Acceptable Biological Catch for Georges Bank yellowtail in 2011 (NEFMC 2010a) ) 1. rebuilding by 2016 with a 50% probability of success requires that Acceptable Biological Catch ABC)=1,998 mt; 2. rebuilding by 2016 with a 60% probability of success requires that ABC= =1,486 mt; 3. rebuilding by 2016 with a 75% probability of success requires that ABC= =590mt. NEFMC notes that the rebuilding target, B MSY, should be reconsideredd by the next benchmark assessment to account for lower recruitment in the last 30 years (NEFMC 2010a). TACs are set and closely monitored for yellowtail flounder in the scallop fishery. In addition, the NEFMC has set TAC for yellowtail within a rebuildingg timeframe (example above) by However, stock biomass has not yet been rebuilt (despite some small increases in SSB; Figure 9). Figure 7. Groundfish stock status (yellowtail shown as SNEYT; GBYT; circled). Figure from NEFMC 2010.

24 24 Figure 8. Yellowtail flounder stock boundaries and closed fishing areas. Figure from NEFMC 2011c

25 25 Figure 9. Closed Areas I and II shown on map. AM closures occur during months with the highest yellowtail flounder catch rates, rather than being in place for consecutive months beginning at the startt of the fishing year. Figure from NEFMC 2011c

26 26 Figure 10. SSB and F MSY for (from top down) Georges Bank; SNE/Mid Atlantic and Cape Cod Gulf of Maine

27 27 Skate Complex: Moderate concern Key relevant information: The sea scallops fishery provides controls on skate fishing effort and are not expected to hinder rebuilding plans for skates over the coming years (NEFMC 2009). The ACL for the skate complex is set equal to the ABC recommended by the NEFMC Scientific and Statistical Committee (SSC) (NEFMC 2009). Many skate species (difficult to determine which, as skates are generally reported as unclassified species ) caught in the dredge scallop fishery are in a state of recovery, but have yet to fully recover. Detailed Rationale: Discard estimates of specific skate species is difficult to obtain as they are generally reported as unclassified species (NEFMC 2009). However, discards make up approximately 60% of the total skate catch per fishing year (NEFMC 2011f). The most commonly discarded skate species in the scallop fishery are barndoor, little and winter skates. Fishing mortality on skates has not been reliably estimated and catch reporting is thought to be incomplete (NEFMC 2009). The overfishing definitions rely on estimates of skate biomass, indexed by the appropriate Northeast Fisheries Science Center (NEFSC) trawl survey (NEFMC 2009). Skate catch limits are applied each fishing year (NEFMC 2011f; NEFMC 2009). Amendment 3 uses the skate surveys and applies catch/biomass median values, derived using methods developed by the Data Poor Assessment Workshop and analytical methods approved by the NEFMC Scientific and Statistical Committee (Howard 2011). To account for management uncertainty in monitoring catch, the ACT is set at 75% of the limit (NEFMC 2011; NEFMC 2009). During the target setting process for the subsequent two fishing years ( ), projected skate discards will be based on estimates of the average total skate discards from the preceding years (NEFMC 2009). Monkfish: Low concern Key relevant information: Fishing mortality is well below F threshold, but there are significant uncertainties in the SCALE assessment model (Trzcinski 2010; Figure 11).

28 28 Detailed Rationale: Figure 11. Trends in monkfish fishing mortality. Figure from NEFMC 2011g Factor 2..4 Overall discard rate: 20 40% Key relevant information: Discard rates given in Kelleher et al. (2008) as 28% and in MRAG (2005) as 22.5% %.

29 29 Criterion 3: Management effectiveness Guiding principle The fishery is managed to sustain the long term productivity of all impacted species. Management should be appropriate for the inherent resilience of affected marine life and should incorporate data sufficient to assess the affected species and manage fishing mortality to ensure little risk of depletion. Measures should be implemented and enforced to ensure that fishery mortality does not threaten the long term productivity or ecological role of any species in the future. Summary Fishery Management: Harvest Strategy Rank (Score) Management: Bycatch Criterion 3 Rank (Score) Georges Bank Very Low Concern (5) Low Concern (4) Rank Score Green 4.47 Mid Atlantic Very Low Concern (5) Low Concern (4) Green 4.47 Management of the US scallop fishery has been highly effective at recovering sea scallop stocks from a depleted state, maintaining stock biomass and taking a progressive approach to protect scallop populations through the use of closed and rotational areas, gear restrictions, decreases in DAS and through the use of on board observers and VMS. In addition, management has also taken measures to reduce bycatch. Finfish bycatch is primarily being addressed through the establishment of hard bycatch and discard TACs and sea turtle bycatch is being addressed through gear modifications and the regulated use of TDDs, and seasonal restrictions.

30 30 Justification of Ranking Factor 3.1 Management of fishing impacts on retained species: Very low concern Fishery Critical? Mgmt strategy and implement. Recovery of stocks of concern Scientific Scientific research and advice monitoring Enforce. Track record Stakeholder inclusion Georges Bank Mid Atlantic No No Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Highly Effective Key relevant information Management of the US scallop fishery has been highly effective at recovering sea scallop stocks from a depleted state, maintaining stock biomass and taking a progressive approach to protect scallop populations through the use of closed and rotational closed areas, gear restrictions, decreases in DAS and through the use of on board observers and VMS. In addition, management has also taken measures to reduce bycatch. Finfish bycatch is being addressed through the establishment of hard bycatch and discard TACs and sea turtle bycatch is being addressed through gear modifications and seasonal restrictions. Management Strategy and Implementation: Highly effective The US sea scallop fishery has been managed by the New England Fishery Management Council (NEFMC) since The fishery is required to adopt ACLs and accountability measures to prevent overfishing under the Magnuson Stevens Fishery Conservation and Management Act (NOAA 2012). Sea scallops are managed as a single stock in US waters, from Maine to Cape Hatteras, N.C (NHSG 2011). The fishery is divided into a limited access fleet, which includes larger boats that make relatively long trips, and a general category fleet of smaller boats, which make day trips. The general category fleet is also limited access and is broken down into an additional three categories: general category individual fishing quota (IFQ) permits, incidental catch permits, and Northern Gulf of Maine (NGOM) permits. Limited access vessels are allocated 94.5 percent of the ACLs (NOAA 2011). In addition, the limited access fleet s ACLs is further reduced to an ACT to incorporate management uncertainties (NOAA 2011). The 2011, the ACLs for the limited access fleet was 55 million lbs. (NOAA 2011). All sea scallop fishing vessels are given DAS allocations, which have been in decline, from a high of 204 fishing days per vessel in 1994 to 80 in 2010 (NEFMC 2011b). Declines in DAS fished are a result of increased scallop biomass and fishing efficiency, scallop vessels ability to catch more scallops per day than in the past (NOAA 2011). The fishery is managed under an area rotation scheme that closes areas to fishing for variable lengths of time to enhance scallop growth and maintain populations (NHSG 2011; Table 2; Figure12).

31 31 The primary components in the most recent Fisheries Management Plan Amendment 15 (2011) include: Implementing an ACL structure and accountability measures (AMs) for (1) implementing an ABC control rule; (2) changing the EFH closed areas to be consistent with the Northeast Multispecies FMP; and (3) making changes to the limited access general category (LAGC) IFQ fishery and increasing the possession limit and allowing IFQ carryover; changing the overfishing definition to be more consistent with area rotation (using F MSY ) (NEFMC 2011c). A relatively new development is the use of sector management, which allows fishing vessels to work together by fishing in groups, or sectors (NOAA 2011b). Sectors are established annually and are allotted a portion of the total available catch, based on the combined fishing history of sector members (NOAA 2011b). For the sea scallop fishery, only LAGC vessels are eligible to form sectors and sectors may choose which eligible permit holders to include (NEFMC 2011c). However, the NEFMC must approve participation at least one year in advance (NEFMC 2011c). Currently there are no sectors for sea scallops. The sea scallop fishery has a successful management strategy in place that is precautionary and has allowed sea scallops to recover from an historic low population size to some of the highest abundance recorded since the early 1009 s, therefore sea scallop management strategy and implementation is highly effective. Recovery of stocks of concern: Highly effective Sea scallops are not a stock of concern, but yellowtail flounder are an overfished species that are also caught and landed with scallop gear. To reduce the impact the scallop fishery has on the yellowtail flounder there are hard TACs set yearly to meet a 2016 recovery goal (NEFMC 2011c). Yellowtail flounder catch is managed through a non target species sub ACL (NEFMC 2011c). If the yellowtail flounder catch limit is exceeded, the following rules apply: If, by January 15 of each year, it is determined that a yellowtail flounder sub ACL for the scallop fishery will be exceeded, the specified statistical areas with highest catch rates will be closed to scallop fishing and remain closed for a specified length of time depending on the percentage overage (NEFMC 2011c). Additional measures for yellowtail flounder catch included a real time communication system in Closed Area I and Closed Area II for the 2011 fishing season (Figure 12; NEFMC 2011c). The School of Marine Science and Technology (SMAST) has developed a yellowtail bycatch avoidance system where the scallop fleet voluntarily provides real time yellowtail catch data through , and SMAST compiles the fleet information and s the locations of yellowtail "hotspots" back to the fleet. In 2010, only 30% of the yellowtail allocation was harvested from Nantucket Lightship, keeping the area open for the fishing year (SMAST 2012). Yellowtail flounder caught in sea scallop fishery are overfished, but management has a rebuilding strategy in place by 2016 and best management practices (area closures; real time catch data to the fleet) are in use to minimize mortality of these species, and harvest control rules are in place that will allow for rebuilding, therefore sea scallop management of the recovery of stocks of concern is highly effective. Scientific Research and Monitoring: Highly effective

32 32 Scallop vessels carry fisheries observers from the Northeast Fisheries Observer Program (NEFOP) as well as independent providers (NOAA 2012b). Over the past few years observer coverage is based on area and time of year (NOAA 2012b). Observer coverage ranges from 4% to 15% (NOAA 2012b). Scallop stock are assessed using fishery dependent data (landings, CPUE, etc.) and fishery independent surveys (e.g. NEFSC dredge survey, SMAST video survey, Habcam optical camera survey, and VIMS paired tow dredge survey species composition and % cover of associated macroinvertebrate community and sediment composition). These methods determine biomass and fishing level targets and provide estimates of stock size as well as characterize uncertainty in estimates (NEFMC 2011d). A size structured forward projecting stock assessment model (CASA) used in previous assessments (NEFSC 2007; NEFMC 2010) was also used in the most recent specifications to set fishery allocations (NEFMC 2011d). In addition, the recent allocations included information (for the first time) about the NGOM federal management area from a special University of Maine/Maine Department of Marine Resources dredge survey during 2008 (NEFMC 2011c). The scallop fishing industry also funds an independent scallop survey in collaboration with the University of Massachusetts Dartmouth, SMAST (Stokesbury pers. comm. 2012). Since 1999, SMAST has completed 138 video cruises surveying Georges Bank and the Mid Atlantic, with support from the commercial sea scallop industry, the Massachusetts Division of Marine Fisheries (MADMF), and the sea scallop Research Set Aside program (Stokesbury pers. comm. 2012). The video library contains footage from over 300,000 georeferenced video samples that covers the entire scallop resource (~55,000 km 2 ) from 2003 through 2011, which also includes finer scale surveys that focus on scallop aggregations in closed areas of Georges Bank and the Mid Atlantic (Stokesbury pers. comm. 2012). The management process uses an independent and up to date scientific stock assessment which are conducted regularly and include both fishery independent, and fishery dependent data. Scientific Advice: Highly effective Management does not have a track record of exceeding advised TACs and is therefore deemed highly effective by Seafood Watch. Stock assessment are reviewed by a committee and the most recent review was by the 50th Northeast Regional Stock Assessment Review Committee (SARC ). Recommendations are made at these meetings, which are generally followed by the management team (Trzcinski 2010). Below are comments on the most recent assessment review committee meeting by an independent reviewer. The assessment of sea scallops was well done. The data were thoroughly examined and utilized, the model was well explored and tested, and the model predictions corresponded with the data and several independent gut checks. There was a general openness to criticism and suggestions by the panel and very good follow up later in the meeting. It was clear that the assessment team had a very thorough understanding of the data and model. (Trzcinski 2010). Enforcement: Highly effective

33 33 All scallop vessels are required to use a VMS (Category 1B VMS and limited access scallop vessels) and to transmit a VMS signal indicating the vessel s position once every 30 minutes, regardless of VMS requirements for other fisheries. For example, a vessel with a multispecies permit required to use VMS, and a Category 1B general scallop permit will be polled automatically once every 30 minutes. (NOAA 2012f). VMS is being expanded to include daily reports for each trip of yellowtail flounder catch and all other species landed by yellowtail flounder stock area (NEFMC 2011c). In addition, the National Marine Fisheries Service conducts dockside monitoring and at sea enforcement of regulations (NMFS 2012). Observers are not used for enforcement in the sea scallop fishery; VMS, dockside monitoring and the Coast Guard are the primary enforcement measures and are highly effective at verifying catch, location and maintaining closed fishing areas. Track Record: Highly effective Currently, sea scallop biomass levels are high, when compared to levels from the 1980s and early 1990s (NEFSC 2004). Fisheries independent surveys show a particularly strong recruitment class in 2000 (NEFSC 2004). Overall, biomass has increased significantly since 1995 in US fisheries (NEFSC 2004). Biomass increases in the U.S. can be at least partially attributed to proper management of the fishery (Hart 2003). Area management played an integral role in sea scallop population increase and maintenance, with much of the biomass located in longterm or rotational closures, or in reopened closed areas under special management (NEFMC 2011c). However, under such area management, the calculated fishing mortalities will underestimate fishing mortalities in areas where fishing occurs (Hart 2001; 2003; NEFMC 2011d). In 2006 biomass was estimated at 81,047 and 85,161 mt in the Northeast (Georges Bank) and Mid Atlantic respectively. Current biomass is approximately the same in both regions (over 60,000 mt in each region (NEFMC 2011c)). Management has maintained stock biomass and has stayed within reference points for fishing mortality for the past few years and there is no indication that this will change in the near future, therefore Seafood Watch deems the sea scallop fishery track record as highly effective. Stakeholder inclusion: Highly effective Management decisions for the sea scallop fishery follow an open process that includes all stakeholders. Examples include regular open NEFMC where management measures are discussed and open to the public, scientists, and fishermen, and are posted on their website with a calendar of meetings ( In addition, there is regular science input to the stock assessment process and results through the Regional Stock Assessment Review Committee. The sea scallop management process is transparent and includes stakeholder input. Table 2. Percent of total catch by area. Table from NEFMC 2011c

34 34 Figure 12. Habitat and groundfish closed areas that apply to the scallop fishery. Figure from NOAA 2012d

35 35 Factor 3.2 Management of fishing impacts on bycatch species: Low concern Fishery All Main Critical? Species Retained? Mgmt strategy and implement. Scientific Scientific research and advice monitoring Enforce. Georges Bank No No Mid Atlantic No No Highly Effective Highly Effective Moderately Effective Moderately Effective Highly Effective Highly Effective Highly Effective Highly Effective Key relevant information: Management Strategy and Implementation: Highly effective In 2007, the NEFMC approved Amendment 12 to the Scallop FMP (NEFMC 2011c). This action is an omnibus amendment to all FMPs in the region and focuses on defining a standardized bycatch reporting methodology (SBRM). Section 303(a) (11) of the Magnuson Stevens Fishery Conservation and Management Act requires that all FMPs include a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery (NEFMC 2011c). The SBRM Omnibus Amendment will ensure that all FMPs fully comply with the act (NEFMC 2011c). Since 2006, there have been efforts to minimize impacts on sea turtles. Since 2006, vessels fishing south of 41º 10 latitude are required to fit chains to exclude turtles. Turtle chains greatly reduce the potential for injury and mortality (Haas, et al. 2008; Murray, 2011). For example, Murray (2011) found that the average number of annual observable interactions of turtles in the Mid Atlantic scallop dredge fishery prior to the use of chain mats (1 January 2001 through 25 September 2006) was estimated at 288 turtles (CV = 0.14, 95% CI: ), and after the implementation of chain mats, the average annual number of interactions was reduced to 20 turtles. There is still some concern that turtles may be run over by a dredge on the seafloor. To address this issue, Smolowitz et al. (2010) describe further modifications to the standard New Bedford dredge designed to avoid trapping and crushing turtles as they pass between the dredge frame and sea floor. Effective in May, 2012 new measures under Framework Adjustment 23 (Framework 23) to the Atlantic Sea Scallop Fishery Management Plan include increased regulations on minimizing sea turtle bycatch (NEFMC 2012). These measures mandate the use of TDDs. When sea turtles come in contact with TDDs on the sea floor they are more easily deflected over the dredge frame and dredge bag, and less likely to be caught on the frame (NEFMC 2012).

36 36 Regulations include: Effective Date, Season, and Area Required (NEFMC 2012): TDDs must be used beginning May 1, The TDD season is from May 1 through October 31 each year, starting in Vessels fishing in the TDD Area west of 71 W. Long. Must use TDDs during the entire TDD season, due to the overlap with sea turtles in this region. Other regions have a very low potential for overlap, therefore do not need closures. There are established bycatch limits for most species caught and/or discarded in the sea scallop fishery (NEFMC 2011c). To reduce the impact the scallop fishery has on the yellowtail flounder there are TACs set yearly to meet a 2016 recovery goal (NEFMC 2011c). Yellowtail flounder catch is managed through a non target species sub ACL (NEFMC 2011c). If the yellowtail flounder catch limit is exceeded, the following rules apply: If, by January 15 of each year, it is determined that a yellowtail flounder sub ACL for the scallop fishery will be exceeded, the specified statistical areas with highest catch rates will be closed to scallop fishing and remain closed for a specified length of time depending on the percentage overage (NEFMC 2011c). In addition, there is an effort of the scallop fishery to avoid yellowtail bycatch through an onboard real time reporting program (to avoid hotspots) between fishermen and University of Mass Dartmouth SMAST, resulting in achieving 2010 scallop TAC with only 30% of the allowable yellowtail bycatch, while in previous years the yellowtail bycatch had shut the access fishery down before the scallop TAC was reached (NEFMC 2011). Monkfish catch limits have not been developed yet, however, if the Monkfish FMP determines that a sub ACL should be considered for the scallop fishery, the details of that ACL will be developed in the Monkfish FMP (NEFMC 2011c). Vessels fishing for scallops under general category rules, and outside of monkfish DAS, are permitted to catch and retain up to 50 lb of monkfish tails per day, or up to 150 lb total for the trip (NEFMC 2011e). This limitation prevents a scallop vessel from using dredge gear to target monkfish and limits bycatch during scallop trips (NEFMC 2011e). The skate FMP has not identified a sub ACL for the scallop fishery, so Amendment 15 does not consider details of a skate ACL for the scallop fishery. Recent reductions in sea scallop DAS, area rotation closures and permanent groundfish closures areas (Figure 12) are expected to reduce impacts on skate populations (NEFMC 2011c). In addition, there have been gear modifications that reduce impacts on other species, including a 4 inch minimum ring that will reduce finfish and small scallop bycatch (NEFMC 2011c). As described above, the sea scallop fishery has highly precautionary strategy and goals designed to understand and minimize the impacts of the fishery on bycatch species. And there is evidence that the strategy is being implemented successfully (such as a reduction of loggerhead bycatch and the setting of conservative yellowtail flounder catch limits).

37 37 Scientific Research and Monitoring: Moderately effective Scallop vessels carry fisheries observers from the NEFOP as well as independent providers that monitor catch and the use of bycatch mitigation techniques (NOAA 2012b). Over the past few years observer coverage is based on area and time of year (NOAA 2012b). Observer coverage ranges from 3% to 11% (NOAA 2012b). In addition VMS is used and is being expanded to include daily reports from each trip of yellowtail flounder catch and all other species landed by yellowtail flounder stock area (NEFMC 2011c). Milliken et al. (2007); Smolowitz et al. (2010); Smolowitz and Weeks (2008) and DeAlteris (2010) have been designing and testing mitigation techniques and gear alterations to minimize both finfish and turtle bycatch. Currently, some of these measures (detailed above) are in place to minimize interactions with turtles and finfish bycatch (NEFMC 2011c). The sea scallop FMP research set aside program allows for future funding to develop mitigation techniques for the reduction of turtle interactions (NEFMC 2011c). Since 1999, the majority of observer coverage in the scallop fishery has been funded through the scallop observer set aside program (NEFMC 2011c). A percentage of the TAC in access areas has been deducted before allocations are made to generate funding for vessels required to carry an observer (NEFMC 2011c). Amendment 10 extended that requirement to open areas as well, so a percent of potential allocated effort in DAS from open areas is set aside to help fund the program (NEFMC 2011c). Observer coverage is necessary in the scallop fishery to monitor bycatch of finfish and to monitor interactions with endangered and threatened species (NEFMC 2011c). In addition, monitoring yellowtail flounder catch is implemented through a vessel monitoring system (VMS) (NOAA 2012). Observer coverage in the sea scallop fishery ranges from 3% to 11%; due to the fact that loggerheads are threatened and are caught in scallop dredges there is need for increased coverage to fully document their mortality. Scientific Advice: Highly effective There is no indication that scientific advice is not followed, see factor 3.1. Enforcement: Highly effective All scallop vessels are required to use a VMS (Category 1B VMS and limited access scallop vessels) and required to transmit a VMS signal indicating the vessel s position once every 30 minutes, regardless of VMS requirements for other fisheries. For example, a vessel with a multispecies permit required to use VMS, and a Category 1B general scallop permit will be polled automatically once every 30 minutes. (NOAA 2012f). In addition, the National Marine Fisheries Service conducts dockside monitoring and at sea enforcement of regulations (NMFS 2012). See factor 3.1.

38 38 Criterion 4: Impacts on the habitat and ecosystem Guiding principles The fishery is conducted such that impacts on the seafloor are minimized and the ecological and functional roles of seafloor habitats are maintained. Fishing activities should not seriously reduce ecosystem services provided by any fished species or result in harmful changes such as trophic cascades, phase shifts or reduction of genetic diversity. Summary Fishery Impact of gear on the substrate Georges Bank High Concern (1) Mid Atlantic Mitigation of gear impacts Rank (Score) Rank (Score) Rank (Score) Moderate Concern (2) Moderate mitigation (0.5) Minimal mitigation (0.25) EBFM Criterion 4 Moderate Concern (3) Moderate Concern (3) Rank Score Red 2.12 Yellow 2.6 Scallop dredge gear can have a substantial impact on some benthic habitats, including the gravel habitats dredged in the US Atlantic scallop fishery. Because the scallop fishery in the US Atlantic stretches from Maine to North Carolina, the spatial scale of these impacts is large and has potentially altered a significant amount of the benthic ecosystems and habitats along the Atlantic coastal shelf. However, the NEFMC has some effective measure in place to restrict fishing effort and footprint of scallop dredges. In addition, although not fully implemented, there is progress being made through the New England Fisheries Management Council on planning for future ecosystem based management. Justification of Ranking Factor 4.1 Impact of the fishing gear on the substrate Georges Bank High concern Mid Atlantic Moderate concern Key relevant information: Benthic surveys of Georges Bank and the Mid Atlantic scallop fishing areas (approximately 60,000 km 2 ) show that sand makes up approximately 62% of the sea floor of Georges Bank and gravel covers the remaining 38% (Harris and Stokesbury 2010; SMAST 2012; Stokesbury pers. comm. 2012; Figure 13). The Mid Atlantic fishing region is dominated by sand with approximately 5% gravel (Harris and Stokesbury 2010; SMAST 2012; Stokesbury pers. comm.

39 ; Figure 14). Modeling work by NEFMC (2012b; Figure 15) has shown that given the depth and location of scallop dredge operations along the US Atlantic coast, the primary substrates include: sand (55%); mud (26%) and granule/pebble (15%). Seafood Watch considers the impact of dredge gear on gravel habitat to be a high concern (Seafood Watch 2012), and scores conservatively according to the most vulnerable habitat type, therefore scallop dredges operating in the Georges Bank region are ranked a high concern due to gravel habitats that are impacted, while the Mid Atlantic region is considered a moderate concern due to the high proportion of sand habitat and minimal gravel habitat. Detailed Rationale: Sea scallops are generally found on sand, gravel, shells and rock (MacKenzie et al. 1978; Langton and Robinson 1990; Thouzeau et al. 1991a; Stewart and Arnold 1994). Other invertebrates associated with scallop beds include sponges, hydroids, anemones, bryozoans, polychaetes, mussels, moon snails, whelks, amphipods, crabs, lobsters, sea stars, sea cucumbers, and tunicates (Kenchington 2000). As such, scallop dredges have impacts on benthic populations, communities, and habitats by damaging or reducing structural biota and habitat complexity and by altering seafloor structure and reducing habitat features (DFO 2006; Kaiser et al., 2006). Scallop dredging was listed as the third most damaging fishing method in terms of bycatch and habitat impact in a gear impact study done by a range of user groups, including fishermen (38%), scientists (27%) and marine conservationists (25%) (Fuller et al., 2008). Not only can Scallop dredges remove an extensive amount of biomass, they can alter biogenic habitat structures such as corals and worm tubes (Schwinghamer et al. 1988; Watling and Norse 1998; Thrush and Dayton 2002; Dinmore et al. 2003). Scallop dredging may also impact the benthic community by reducing the species richness, density and distribution (Langton et al. 1987, Langton & Robinson 1990, Thrush et al. 1995, Kenchington 2000, Bradshaw et al. 2002); reducing habitat complexity (Dayton et al. 1995, Auster et al. 1996, Collie et al. 1997, Collie & Escanero 2000, Hall Spencer & Moore 2000; NEFMC 2010b); redistributing sediments, and increasing siltation (Caddy 1989, Mayer et al. 1991, Grant 2000, MacDonald 2000). Schwinghamer et al. (1988) found that even in sandy areas (where benthic disturbance is presumably less than in biogenic habitat), bottom trawling, which is similar to dredging, led to significant changes to the physical habitat, such as the loss of topographic relief and measurable reductions in biogenic sediment structure and the abundance of organic matter. In the northwest Atlantic, sea scallop fishing is done almost entirely with dredge gear. Concern over the effects of dredging on benthic ecosystems grew during the 1990s, and a host of scientific papers have since documented the damage to benthic communities resulting from these fishing methods (For reviews, see Watling and Norse 1998; Thrush and Dayton 2002 (Chuenpagdee et al 2003; Fuller et al 2008). Georges Bank has been dredged for scallops for decades, and the impacts on the benthic megafauna on gravel habitat have been studied by Collie et al. (1997). They found abundance of organisms, biomass and species diversity were significantly greater at non dredged sites when compared to dredged sites. However, Stokesbury and Harris (2006) found that limited

40 40 short term sea scallop fishing alters the epibenthic community less than the natural dynamic environmental conditions of Georges Bank, which is alsoo subjected to strong tides, currents and frequent storm events, resulting in the redistribution of sediments, leaving a heterogeneous benthic landscape (Butman, 1987; Twichell, 1983; Uchupi et al., 1996). However, because a host of studies (detailed above) have shown significant damage caused by dredge gear to biogenic and other habitats and Schwinghamer et al. (1988) found that bottom trawling in even sandy areas has led to alterations to the physical and biogeochemical habitat, we have conservatively ranked Georges Bank dredge impact as a high concern (due to a high percentage of gravel habitat) and the Mid Atlantic region as a moderate concern (due to a high proportion of sand substrate). Figure 13. Sediments types found on Georges Bank. Figure from Harris and Stokesbury 2010

41 41 Figure 14. Sediments types found on along the US Atlantic coast. Figure from NEFMC 2010b

42 42 Figure 15. Realized area swept and adverse effect of scallop dredge gear (higher positive values indicate more intense fishing). Data based from VTR data from 1996 to Left panel represents actual impact area and right panel represent magnitude of impact. Figure from NEFMC 2010b Factor 4..2 Modifying factor: Mitigation of fishing gear impacts: Georges Bank Moderate mitigation Mid Atlantic Minimal mitigation Key relevant information: In the Georges Bank region, EFH areas have been closedd to all bottom tending gear since 1994 (Stokesbury 2002; Figure 12). Of the total estimated scallop distribution (approximately 60, 000 km 2 ), approximately 28% is closed to fishing and 21% are permanent closures (SMAST 2012; Stokesbury 2002; Stokesbury et al. 2010; Harris and Stokesbury 2010; Stokesbury pers. comm. 2012). Thus, a substantial proportion of all representative habitats are protected from all bottom contact, and expansion of the fishery s footprintt in the permanent closures is prohibited. The scallop fishery in the Mid Atlantic region does nott have permanently closed areas to protect benthic habitats; however, fishing effort is effectively controlled. Detailed Rationale: Amendment 10 (2004) to the sea scallop FMP and Amendment 13 to the multispecies fisheries FMP implemented a series of year round closed areas too protect EFH from bottom gear (NEFMC