White Hake Urophycis tenuis. U.S. Atlantic Bottom Gillnet, Bottom Trawl

Transcription

1 White Hake Urophycis tenuis B. Guild Gillespie/ U.S. Atlantic Bottom Gillnet, Bottom Trawl November 19, 2013 Sam Wilding, Seafood Watch Staff 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 Stock / Fishery White hake United States Northwest Atlantic Large Mesh Bottom Trawl White hake United States Northwest Atlantic Large Mesh Bottom Gillnet White hake United States Northwest Atlantic Longline, Bottom Impacts on Impacts on the Stock Other Spp. Green (3.83) Red (1.27) Green (3.83) Red (1.34) Green (3.83) Red (1.34) Management Habitat and Overall Ecosystem Recommendation Yellow (3.00) Yellow (2.60) Good Alternative (2.483) Yellow (3.00) Yellow (3.12) Good Alternative (2.635) Yellow (3.00) Yellow (3.12) Good Alternative (2.635) Scoring note Scores range from zero to five where zero indicates very poor performance and five indicates the fishing operations have no significant impact. Final Score = geometric mean of the four Scores (Criterion 1, Criterion 2, Criterion 3, Criterion 4). Best Choice = Final Score between 3.2 and 5, and no Red Criteria, and no Critical scores Good Alternative = Final score between 2.2 and 3.199, and Management is not Red, and no more than one Red Criterion other than Management, and no Critical scores Avoid = Final Score between 0 and 2.199, or Management is Red, or two or more Red Criteria, or one or more Critical scores.

3 3 Executive Summary This report is for white hake (Urophycis tenuis), one of 15 groundfish species managed under the New England Fishery Management Council s (NEFMC) Multispecies Groundfish Fishery Management Plan (FMP), also known as the Northeast Multispecies FMP. White hake occur from Southern New England to Newfoundland and are common on the muddy bottom throughout the Gulf of Maine. White hake are caught primarily in the large mesh bottom otter trawl fishery in the Gulf of Maine and Georges Bank. Approximately 25% of annual landings are caught with large mesh sink gill nets and bottom longlines account for less than one percent of landings. Based upon the most recent assessment in February 2013, white hake is not overfished and overfishing is not occurring. This is a change from the previous assessment in 2008, which found that white hake was overfished with overfishing occurring since The 2013 assessment is considered the best available data regarding the white hake stock status; however, the conclusions that white hake are abundant and not experiencing overfishing are uncertain. At their April 2013 meeting, the New England Fishery Management Council requested that NOAA Fisheries incorporate the new assessment and increase the 2013 catch limit 13% to provide additional opportunities for the groundfish fleet. Numerous species in the multispecies FMP are caught in Northwest Atlantic large mesh largemesh otter trawl, large mesh sink gillnet, and bottom longline fisheries. In general, the main species (> 5% of total catch by weight in 2010) of species in the NE multispecies FMP include: Atlantic cod (both Georges Bank and Gulf of Maine), Georges Bank haddock, pollock, and Acadian redfish. Georges Bank and Gulf of Maine cod are recognized as overfished and overfishing is occurring. The trawl fishery also catches yellowtail flounder and witch flounder, both of which are also listed as overfished with overfishing occurring. Marine mammal bycatch in the fisheries is generally low, but the set gill net fishery is listed as a Category I fishery based on mortalities and serious injuries to harbor porpoise (Phocoena phocoena) in the Gulf of Maine (a Stock of ). The bottom trawl fishery is a Category II fishery based upon the interactions with white sided dolphin. There is no estimate of seabird bycatch for the fisheries, but observed take has included greater shearwaters. Discard rates are different for each fishery. In 2005, the most recent data available, the discard rate was estimated at 43% for the bottom trawl fishery, and 28% for the sink gill net fishery, and 28% for the bottom longline fishery. For the three fisheries, the harvest strategy for retained species and management strategy for bycatch are considered to be of Moderate. White hake were declared overfished in

4 In 2013 their status was changed to Not Overfished based upon a new stock assessment, however, multiple species caught in the fisheries continue to be considered overfished with overfishing occurring. Multiple FMPs regulate the catch in both the bottom trawl and sink gill net fisheries. There are various levels of effectiveness for each FMP. All three fisheries interact with several bycatch species of concern. Management has implemented numerous regulations to reduce bycatch of protected species, but the effectiveness remains debated. The majority of the white hake fishery is landed using bottom otter trawls; a smaller percentage (25%) uses sink gill nets, and an even smaller percentage (<1%) is caught with bottom longlines. The effects of bottom trawls on seafloor habitat are well documented in numerous studies and they are consistently recognized as one of the most damaging gear types with impacts on a wide range of habitats. The habitat in the Gulf of Maine and Georges Bank consists primarily of sandy/silty clay sediments and sand/gravelly sand, respectively. The impact of trawls on these sediment types is considered moderate. Sink gill nets and bottom longlines are considered a Low on soft habitat types. The bottom trawl, set gill net, and longline fisheries have ongoing, effective measures to reduce fishing effort and the spatial footprint of the fishery via area closures and days at sea limits. The impacts on the ecosystem and the food web from the white hake fishery are considered a Moderate based upon the recent development of an implementation plan for ecosystem based fisheries management (EBFM) by the New England Fishery Management Council.

5 5 Table of Contents Final Seafood Recommendation... 2 Executive Summary... 3 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 Review Schedule Appendix A: About Seafood Watch Guiding Principles

6 6 Introduction Scope of the Analysis and Ensuing Recommendation This report is on white hake (Urophycis tenuis), which ranges from Southern New England to Newfoundland and is common on the muddy bottom throughout the Gulf of Maine (Bigelow & Schroder 1953; Klein MacPhee 2002; Ames 2012). White hake is caught incidentally in directed fisheries for other demersal species or as an intended component in mixed species fisheries (Sosebee 2006a). White hake is primarily caught in the large mesh bottom trawl fishery in the Gulf of Maine and Georges Bank. Sink gill nets account for approximately 25% of annual landings (Butterworth et al. 2008). Bottom longlines, historically once a higher percentage of landings, currently account for less than 1% of the annual catch (WHWG 2013). Overview of the Species and Management Bodies White hake is one of 15 groundfish species managed under the New England Fishery Management Council s (NEFMC) Multispecies Groundfish Fishery Management Plan (FMP), also known as the Northeast Multispecies FMP (or in this report, NE multispecies FMP). Twelve of these species are managed as a unit based on fish size and type of gear used, namely, gear that uses nets with large mesh. The species managed in this unit are white hake, Atlantic cod, haddock, pollock, yellowtail flounder, witch flounder, winter flounder, windowpane flounder, American plaice, Atlantic halibut, redfish, and ocean pout. Three additional groundfish species silver hake (whiting), red hake, and offshore hake are caught with small mesh nets, and are managed under a separate multispecies FMP (Small Mesh Multispecies FMP). Although there are two spawning groups of white hake, one inshore and one offshore, they are indistinguishable in commercial landings and thus are managed as a single stock (Butterworth et al. 2008; Sosebee 2006a; Ames 2012). Traditionally, white hake landings were considered less important than other species of groundfish such as Atlantic cod and haddock. However, as declines in these groundfish species occurred in the 1980s and 1990s, underutilized species such as white hake became more important sources of landings (in 1993 white hake landings exceeded those for cod), and subsequently declined themselves (Overholtz et al. 2000). The history of the New England groundfish fishery goes back more than 300 years, but its recent history dates to the 1950s, when fishing effort by foreign vessels off the U.S. Northeast coast increased dramatically (Anthony 1990; {He et al. 2012). This increased effort rapidly overfished species that had traditionally experienced only moderate levels of exploitation from U.S. and Canadian vessels. Prompted by concerns about overfishing, the U.S. created the first 200 mile Exclusive Economic Zone (EEZ) along its Atlantic coastline in 1977 as part of the Magnuson Fishery Conservation and Management Act, and thereafter encouraged the growth of the U.S. fishery. The number of vessels for all New England fisheries increased from 825 in

7 to 1,423 in 1983, and the number of fishing trips increased by about 47% during that time period. The total number of days fished by bottom trawlers increased 73% overall from 1976 to In the Gulf of Maine, the number of days increased by almost 100%. Most of the increased effort was directed at groundfish species, including Atlantic cod, haddock, and flounders (Anthony 1990). With increased fishing capacity, stocks of many groundfish species declined. From the abundance of principal groundfish off the New England coast declined by 65% (Anthony 1990). Within 10 years of the enactment of the Magnuson Act, fishing effort and fishing mortality were at or near record high levels, and nearly all of the groundfish stocks declined to historically low levels. In 1986, to promote rebuilding of groundfish stocks and to reduce fishing mortality, the Northeast Multispecies FMP was implemented to manage the fisheries for the 15 groundfish species (Federal Register 2004). Since its implementation, numerous amendments to the multispecies FMP have been adopted. A key amendment, implemented in May 2004, was developed primarily to rebuild all overfished groundfish stocks and to end overfishing (Federal Register 2004). Measures in Amendment 13 include minimizing bycatch, improving reporting and recordkeeping requirements, addressing impacts on essential fish habitat (EFH), and addressing other conservation and management issues. More recently, an amendment approved in May 2010 implements new requirements for establishing annual catch limits (ACLs), acceptable biological catch (ABC), and accountability measures (AMs) for each stock managed under the multispecies FMP. In addition to the numerous amendments, the NE multispecies FMP can be altered through framework adjustments. Production Statistics Historical landings ( ) ranged from almost 22,000 mt in 1898 to 5,500 mt in 1950, and in many years, landings were more than double the largest landing since the 1960s (Butterworth et al. 2008). White hake landings increased steadily from a low in the mid 1960s (1,600 mt) to a peak of 8,400 mt in Landings then steadily declined (with a few fluctuations) to the lowest landings on record, occurring in 2008 at only 1,200 mt. Landings in 2009 & 2010 increased but remain under 2,000 mt

8 8 Figure 1. Current & historic U.S. white hake landings (metric tons) from the Gulf of Maine to Mid Atlantic region, Data from ICNAF ( ) and NMFS Statistics Division ( ) NMFS 2012a. (NMFS 2012a). Due to the distribution of white hake in Southern New England and the Gulf of Maine, the majority of white hake is landed in either Maine or Massachusetts. In addition, landings occur in 8 other states (Connecticut, Delaware, Maryland, New Hampshire, New Jersey, New York, Rhode Island, and Virginia), but levels are much lower than in Maine or Massachusetts (Figure 2; NMFS 2012a). Figure 2. White hake landings from Maine (blue line), Massachusetts (red line), and 8 other states combined (purple line; Connecticut, Delaware, Maryland, New Hampshire, New Jersey, New York, Rhode Island, and Virginia). Data from NMFS 2012a.

9 9 Importance to the US/North American Market White hake are neither imported into nor exported from the United States (NMFS 2012a). Three additional hake species are caught in a New England small mesh multispecies fishery and include silver, red, and offshore hake. In 2010, landings of these three fish totaled 8,761 mt. A fourth species, Pacific hake or whiting is caught off the coasts of California, Oregon, and Washington, and 2010 landings totaled 161,125 mt. In 2010, 13,575 mt of hake were imported into the United States from 11 countries. White hake landings for 2010 make up just 1% of the total hake landings in the United States, and 17% of East Coast landings (NMFS 2012a). Common and Market Names White hake is known primarily by its common name white hake or the FDA common name hake. Primary Product Forms White hake is sold locally fresh or frozen whole (generally headless), as fillets (boneless and skinless), and corned (salted).

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 This criterion evaluates the impact of fishing mortality on the species, given its current abundance. The inherent vulnerability to fishing rating influences how abundance is scored, when abundance is unknown. The final Criterion 1 Score is determined by taking the geometric mean of the abundance and fishing mortality scores. WHITE HAKE Region / Method United States Northwest Atlantic Large Mesh Bottom Gillnet United States Northwest Atlantic Large Mesh Bottom Trawl United States Northwest Atlantic Longline, Bottom Inherent Vulnerability 1.00:High 1.00:High 1.00:High Stock Status 4.00:Low 4.00:Low 4.00:Low Fishing Mortality 3.67:Low 3.67:Low 3.67:Low Subscore Green (3.831) Green (3.831) Green (3.831) Justification of Ranking Factor 1.1 Inherent Vulnerability to Fishing Low = FishBase vulnerability score for species 0 35 OR species exhibits life history characteristics that make it resilient to fishing, e.g., early maturing (<5 years), short lived (< 10 years), small maximum size, and low on food chain. Medium = FishBase vulnerability score for species OR life history characteristics that make it neither particularly vulnerable or resilient to fishing, e.g. moderate age at sexual maturity (5 15 years), moderate maximum age (10 25 years), moderate maximum size, and middle of food chain. High = FishBase vulnerability score for species OR life history characteristics that make is particularly vulnerable to fishing, e.g. long lived (>25 years), late maturing (>15 years), low reproduction rate, large body size, and top predator. Note: The FishBase vulnerability scores is an index of the inherent vulnerability of marine fishes to fishing based on life history parameters: maximum length, age at first maturity,

11 11 longevity, growth rate, natural mortality rate, fecundity, spatial behaviors (e.g. schooling, aggregating for breeding, or consistently returning to the same sites for feeding or reproduction) and geographic range. Factor 1.2 Abundance 5 (Very Low ) = Strong evidence that population is above target abundance level (e.g. biomass at maximum sustainable yield, BMSY) or near virgin biomass 4 (Low ) = Population may be below target abundance level, but it is considered not overfished. 3 (Moderate ) = Abundance level is unknown and species has a low or medium inherent vulnerability to fishing 2 (High ) = Population is overfished, depleted, or a species of concern OR Abundance is unknown and species has a high inherent vulnerability to fishing. 1 (Very High ) = Population is listed as threatened or endangered. Factor 1.3 Fishing Mortality 5 (Very Low ) = Highly likely that fishing mortality is below a sustainable level (e.g., below fishing mortality at maximum sustainable yield, FMSY) OR fishery does not target species and its contribution to the mortality of species is negligible ( 5% of a sustainable level of fishing mortality) 3.67 (Low ) = Probable (>50% chance) that fishing mortality is at or below a sustainable level, but some uncertainty OR fishery does not target species and does not adversely affect species, but its contribution to mortality is not negligible OR fishing mortality is unknown, but the population is healthy and the species has a low susceptibility to the fishery (low chance of being caught) 2.33 (Moderate ) = Fishing mortality is fluctuating around sustainable levels OR fishing mortality is unknown and species has a moderate high susceptibility to the fishery, and if species is depleted, reasonable management is in place. 1 (High ) = Overfishing is occurring, but management is in place to curtail overfishing OR fishing mortality is unknown, species is depleted and no management is in place 0 (Critical) = Overfishing is known to be occurring and no reasonable management is in place to curtail overfishing.

12 12 WHITE HAKE 1.1 Inherent Vulnerability 1.00 High The FishBase vulnerability score for white hake is 65 (Froese & Pauly 2012). 1.2 Stock Status 4.00 Low The most recent assessment of white hake was the 56 th SAW assessment in 2013, which indicated SSB ,877 mt and B MSY proxy = 32,400 mt; the stock was therefore not overfished, with B 2011 /B MSY = 0.83 {NEFSC 2013b}. The stock is also projected to be at 100% of SSB MSY in Rationale: The estimated spawning stock biomass has been increasing in recent years from 14,205mt in 2007 to 26,877 mt in 2011; during this period F has been relatively low and recruitment has been around the long term average. It is believed that this is a genuine increase in abundance and not the result of changing the model used to assess the state of the stock, including assumptions about recruitment (NEFSC 2013b). 1.3 Fishing Mortality

13 Low The most recent assessment of white hake was the 56 th SAW assessment in 2013, which indicated F 2011 = and F MSY = 0.2, thus overfishing was not occurring, with F 2011 /F MSY = 0.65 (NEFSC 2013b). Over the period of , landings exceeded discards by nearly ten to one, with approximately two thirds to three quarters of landings made by the bottom otter trawl fleet and another 20% 25% of landings from the sink gillnet fishery (NEFSC 2012a). White hake represent approximately 5% of the landings from the groundfish otter trawl fishery (NMFS 2011b).

14 14 Criterion 2: Impacts on Other Retained and Bycatch Stocks All retained and primary bycatch species in the fishery are evaluated in the same way as the species under assessment were evaluated in Criterion 1. Seafood Watch defines bycatch as all fisheries related mortality or injury other than the retained catch. Examples include discards, endangered or threatened species catch, and ghost fishing. To determine the final Criterion 2 score, the score for the lowest scoring retained/bycatch species is multiplied by the discard rate score (ranges from 0 1), which evaluates the amount of non retained catch (discards) and bait use relative to the retained catch. White hake: Subscore:: Discard Rate: 0.95 C2 Rate: Species Inherent Vulnerability Stock Status ATLANTIC COD: GEORGES BANK 1.00: High 2.00: High ATLANTIC COD: GULF OF MAINE 1.00: High 2.00: High HARBOR PORPOISE: GULF OF 1.00: High 2.00: High MAINE/BAY OF FUNDY HUMPBACK WHALE: GULF OF 1.00: High 1.00: Very MAINE High NORTH ATLANTIC RIGHT WHALE: WESTERN NORTH ATLANTIC 1.00: High 1.00: Very High Fishing Mortality 1.00: High 1.00: High 1.00: High 2.33: Moderate 2.33: Moderate FIN WHALE: WESTERN NORTH 1.00: High 1.00: Very 3.67: Low ATLANTIC High ATLANTIC HALIBUT 1.00: High 2.00: High 2.33: Moderate BOTTLENOSE DOLPHIN: WESTERN 1.00: High 2.00: High 2.33: NORTH ATLANTIC, OFFSHORE Moderate HARBOR SEAL: WESTERN NORTH ATLANTIC 1.00: High 2.00: High THORNY SKATE 1.00: High 2.00: High 2.33: Moderate 2.33: Moderate 3.67: Low 5.00: Very Low Subscore ATLANTIC WHITE SIDED DOLPHIN: 1.00: High 2.00: High WESTERN NORTH ATLANTIC HARP SEAL: WESTERN NORTH 1.00: High 2.00: High ATLANTIC HOODED SEAL: WESTERN NORTH 1.00: High 2.00: High 5.00: Very 3.162

15 15 ATLANTIC Low RISSO'S DOLPHIN: WESTERN NORTH ATLANTIC 1.00: High 2.00: High 5.00: Very Low SHORT BEAKED COMMON 1.00: High 2.00: High 5.00: Very DOLPHIN: WESTERN NORTH Low ATLANTIC BARNDOOR SKATE 1.00: High 4.00: Low 3.67: Low ROSETTE SKATE 2.00: Medium 4.00: Low 3.67: Low SMOOTH SKATE 2.00: Medium 4.00: Low 3.67: Low WHITE HAKE 1.00: High 4.00: Low 3.67: Low CLEARNOSE SKATE 1.00: High 5.00: Very 3.67: Low Low WINTER SKATE 1.00: High 5.00: Very 3.67: Low Low GRAY SEAL: WESTERN NORTH 1.00: High 4.00: Low 5.00: Very ATLANTIC Low ACADIAN REDFISH 2.00: Medium 5.00: Very 5.00: Very Low Low ATLANTIC POLLOCK 1.00: High 5.00: Very 5.00: Very Low Low SPINY DOGFISH 1.00: High 5.00: Very Low 5.00: Very Low White Hake: Subscore:: Discard Rate: 0.90 C2 Rate: Species Inherent Vulnerability Stock Status ATLANTIC COD: GEORGES BANK 1.00: High 2.00: High ATLANTIC COD: GULF OF MAINE 1.00: High 2.00: High WITCH FLOUNDER 2.00: Medium 2.00: High YELLOWTAIL FLOUNDER: CAPE 2.00: Medium 2.00: High COD/ GULF OF MAINE YELLOWTAIL FLOUNDER: GEORGES 2.00: Medium 2.00: High BANK HADDOCK: GULF OF MAINE 1.00: High 4.00: Low ATLANTIC HALIBUT 1.00: High 2.00: High Fishing Mortality 1.00: High 1.00: High 1.00: High 1.00: High 1.00: High 1.00: High 2.33: Moderate Subscore

16 16 HARBOR SEAL: WESTERN NORTH ATLANTIC 1.00: High 2.00: High OCEAN POUT 1.00: High 2.00: High PILOT WHALE (UNSPECIFIED) 1.00: High 2.00: High THORNY SKATE 1.00: High 2.00: High ATLANTIC WHITE SIDED DOLPHIN: 1.00: High 2.00: High WESTERN NORTH ATLANTIC HARBOR PORPOISE: GULF OF 1.00: High 2.00: High MAINE/BAY OF FUNDY HARP SEAL: WESTERN NORTH 1.00: High 2.00: High ATLANTIC MINKE WHALE: CANADIAN EAST 1.00: High 2.00: High COAST SHORT BEAKED COMMON 1.00: High 2.00: High DOLPHIN: WESTERN NORTH ATLANTIC BARNDOOR SKATE 1.00: High 4.00: Low MONKFISH 1.00: High 4.00: Low ROSETTE SKATE 2.00: Medium 4.00: Low SMOOTH SKATE 2.00: Medium 4.00: Low WHITE HAKE 1.00: High 4.00: Low WINTER FLOUNDER: GULF OF 3.00: Low 3.00: MAINE Moderate CLEARNOSE SKATE 1.00: High 5.00: Very Low LITTLE SKATE 2.00: Medium 5.00: Very Low WINTER SKATE 1.00: High 5.00: Very Low AMERICAN PLAICE 1.00: High 4.00: Low GRAY SEAL: WESTERN NORTH ATLANTIC 1.00: High 4.00: Low 2.33: Moderate 2.33: Moderate 2.33: Moderate 2.33: Moderate 3.67: Low 5.00: Very Low 5.00: Very Low 5.00: Very Low 5.00: Very Low 3.67: Low 3.67: Low 3.67: Low 3.67: Low 3.67: Low 5.00: Very Low 3.67: Low 3.67: Low 3.67: Low 5.00: Very Low 5.00: Very Low

17 17 SUMMER FLOUNDER 2.00: Medium 4.00: Low WINTER FLOUNDER: GEORGES 3.00: Low 4.00: Low BANK ACADIAN REDFISH 2.00: Medium 5.00: Very Low ATLANTIC POLLOCK 1.00: High 5.00: Very Low HADDOCK: GEORGES BANK 1.00: High 5.00: Very Low SCUP 2.00: Medium 5.00: Very Low 5.00: Very Low 5.00: Very Low 5.00: Very Low 5.00: Very Low 5.00: Very Low 5.00: Very Low White Hake: Subscore:: Discard Rate: 0.95 C2 Rate: Species Inherent Vulnerability Stock Status ATLANTIC COD: GEORGES BANK 1.00: High 2.00: High ATLANTIC COD: GULF OF MAINE 1.00: High 2.00: High HADDOCK: GULF OF MAINE 1.00: High 4.00: Low THORNY SKATE 1.00: High 2.00: High BARNDOOR SKATE 1.00: High 4.00: Low ROSETTE SKATE 2.00: Medium 4.00: Low SMOOTH SKATE 2.00: Medium 4.00: Low WHITE HAKE 1.00: High 4.00: Low CLEARNOSE SKATE 1.00: High 5.00: Very Low LITTLE SKATE 2.00: Medium 5.00: Very Low WINTER SKATE 1.00: High 5.00: Very Low HADDOCK: GEORGES BANK 1.00: High 5.00: Very Low SPINY DOGFISH 1.00: High 5.00: Very Low Fishing Mortality 1.00: High 1.00: High 1.00: High 2.33: Moderate 3.67: Low 3.67: Low 3.67: Low 3.67: Low 3.67: Low 3.67: Low 3.67: Low 5.00: Very Low 5.00: Very Low Subscore

18 18 Discards and landings of skates for the large mesh gillnet fishery are much lower than the largemesh otter trawl and extra large mesh gillnet (not considered in this report) fisheries (NMFS 2011b). However, as skate landings and discards are not separated by species, the impact of the large mesh gillnet fishery cannot be determined precisely, therefore, it has been scored alongside the large mesh otter trawl fishery for the purposes of this report. Skate species are not separated in the national bycatch report and, as a result, the discard rate must be considered collectively. Discards of the skate complex are equivalent to 27.5% of trawl landings and 6.5% of longline landings by weight (NMFS 2011b). Justification of Ranking Only species that scored red are included here. All other species evaluations are in Appendix 1. See criterion 1 for scoring definitions. ACADIAN REDFISH 2.1 Inherent Vulnerability 2.00 Medium Fishbase provides a vulnerability score of 44 for Acadian redfish (Froese & Pauly 2012). 2.2 Stock Status 5.00 Very Low The latest information available on the Acadian redfish stock in the Northwest Atlantic estimates that SSB 2010 is 314,780 mt, which is higher than the SSB MSY of 238,000 mt (NEFSC 2012a). 2.3 Fishing Mortality

19 Very Low Total fishing mortality in 2010 was compared to F MSY of 0.04 (NEFSC 2012a). Rationale The Acadian redfish stock was previously in a rebuilding plan and is now considered to be rebuilt as management was successful in reaching the F REBUILD target of 0.01 set through Amendment 13 of the NE Multi FMP (NEFMC 2004). Acadian redfish are caught primarily using large mesh otter trawl (93% of landings) and gillnet (6% of landings). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e., non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), thus, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19%; with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made; resulting in an overall discard rate of 43%.

20 20 AMERICAN PLAICE 2.1 Inherent Vulnerability 1.00 High American plaice has a Fishbase vulnerability score of 63 (Froese & Pauly 2012). 2.2 Stock Status 4.00 Low In 2010 the estimated spawning stock biomass of American plaice was 10,805mt, which was above SSB THRESHOLD = 9,199 mt but only 59% of the biomass target (SSB MSY =18,398mt) (NEFSC 2012a). Spawning stock biomass has been below SSB MSY since the early 1980s, but has shown an increasing trend over the last decade (figure 3). Rationale

21 21 Figure 3. Gulf of Maine/Georges Bank American plaice spawning stock biomass and fishing mortality (F) estimates during , along with 80% confidence intervals for 2007 estimates, from GARM III assessment in 2008 (blue circles). Green diamond shows 2007 spawning stock biomass (SSB) and F estimates adjusted for retrospective pattern, and open squares show projected SSB and F, along with 80% confidence intervals (Figure from data in NEFSC 2012a). 2.3 Fishing Mortality 5.00 Very Low Fishing mortality on American plaice reached a historical low in 2010 at 0.13, which is below the benchmark of F MSY = The Gulf of Maine and Georges Bank American plaice population is a transboundary stock, however, since the mid 1970s, 95% 100% of landings have come from U.S. fisheries (NEFSC 2012a). Otter trawls account for the majority of landings of American plaice. Discards

22 22 from the groundfish otter trawl fisheries are less than 1% of landings (of all species), with discards from other gears being insignificant {NMFS 2011b}. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19%, with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%. ATLANTIC COD: GEORGES BANK 2.1 Inherent Vulnerability 1.00 High The Fishbase vulnerability score for Atlantic cod is 65 (Froese & Pauly 2012). 2.2 Stock Status

23 High The Georges Bank cod population had an estimated SSB of 13,216mt (following retrospective pattern adjustment), which is only 7% of the SSB MSY (186,535mt) (NEFSC 2013a). Rationale The highest biomass of the time series considered in the latest stock assessment was in 1980 at 96,864mt before declining to 19,220mt in 1995 (figure 4). After a brief increase in the late 1990s to 25,624mt in 2001, biomass again declined to a historic low of 10,121mt in The biomass has since increased, however, it is still well below threshold values and rebuilding is minimal (NEFSC 2013a). Recruitment (age 1 fish) has been below the series average for the last two decades, and has not exceeded the long term mean since Recruitment in 2011 is estimated at 7.3 million fish, compared to the mean recruitment of 13.6 million fish (NEFSC 2013a). Considering the current trend in low recruitment, it is unlikely that rebuilding of this stock will occur in the short to medium term. Figure 4. Spawning stock biomass and recruitment for Georges Bank Atlantic cod between 1978 and Dashed line represents SSB THRESHOLD (½SSB MSY ) at 93,268mt. Adapted from NEFSC Fishing Mortality

24 High Overfishing is occurring in the Georges Bank cod fisheries as total fishing mortality in 2011 was 0.43, compared to an F MSY of 0.18 (NEFSC 2013a). Rationale The Georges Bank cod fisheries have failed to meet the F REBUILD target set at 0.18 in Amendment 13 of the NE Multi FMP {NEFMC 2004}. Management has failed to effectively reduce fishing mortality to allow rebuilding of the Georges Bank cod stock. A new management system based on hard total allowable catch (TAC) and quotas (rather than the previous days at sea effort control) was introduced in 2010, however, F MSYPROXY was exceeded in 2010 and 2011, suggesting quotas are too high. Cod is caught using large mesh otter trawls, large mesh gillnets, and rod & reel with each method contributing 55%, 36% and 3% to landing volumes respectively. As cod are a target species in each of these fisheries, all methods are considered to be contributing towards the overfishing. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19%; with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all smooth skate is made resulting in an overall discard rate of 43%.

25 % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery. ATLANTIC COD: GULF OF MAINE 2.1 Inherent Vulnerability 1.00 High The Fishbase vulnerability score for Atlantic cod is 65 (Froese & Pauly 2012). 2.2 Stock Status 2.00 High The Gulf of Maine cod population is estimated to be below the SSB THRESHOLD (NEFSC 2013a). Rationale The most recent stock assessment of Gulf of Maine cod used two different models to estimate the biomass of the stock: the M 0.2 model estimated a SSB 2011 of 9,903mt compared to a SSB THRESHOLD of 27,372mt, and the M RAMP model estimated a SSB 2011 of 10,221mt compared to a SSB THRESHOLD of 40,100mt (NEFSC 2013a). Both models show that the biomass is well below threshold targets and remains in an overfished state. Recruitment has declined in recent years in both models and is at a historical low

26 26 (NEFSC 2013a). 2.3 Fishing Mortality 1.00 High There is overfishing occurring on the Gulf of Maine stock of Atlantic cod as F 2011 was above F MSYPROXY (NEFSC 2013a) Rationale Fishing mortality was estimated to be 0.86 or 0.90 by the M 0.2 and M RAMP models respectively, and while this represents a decline from historical highs in the mid 1990s, it is still 4.7 or 5.0 times higher than F MSYPROXY as predicted by each model (NEFSC 2013a).The Gulf of Maine cod fisheries have failed to meet the target of F=0.21 as set in amendment 13 of the New England Multispecies Fishery Management Plan (NE Multi FMP) {NEFMC 2004}. Management has failed to effectively reduce fishing mortality to allow rebuilding of the Georges Bank cod stock., A new management system based on hard TACs and quotas (rather than the previous days at sea effort control) was introduced in 2010, however, F MSYPROXY was exceeded in 2010 and 2011, suggesting quotas are too high. Cod is caught using large mesh otter trawls, large mesh gillnets, and rod & reel with each method contributing 55%, 36% and 3% to landing volumes respectively. As cod are a target species in each of these fisheries, all methods are considered to be contributing towards the overfishing. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28%.

27 % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43% % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery. ATLANTIC HALIBUT 2.1 Inherent Vulnerability 1.00 High Atlantic halibut has a Fishbase vulnerability score of 88 (Froese & Pauly 2012). 2.2 Stock Status 2.00 High

28 28 The latest estimates of Atlantic halibut abundance show that biomass, B 2010 = 1,700mt is well below the threshold reference point, B THRESHOLD = 24,000mt (figure 7) (NEFSC 2012a). Atlantic halibut is considered a species of concern by NMFS (NMFS 2012e). 2.3 Fishing Mortality 2.33 Moderate The Gulf of Maine/Georges Bank Atlantic halibut is in year eight of a 52 year rebuilding plan (NMFS 2012c). Since 2009, NMFS also had a possession limit of one fish per trip for Atlantic halibut (NEFSC 2012a). The most recent assessment of Atlantic halibut indicated F 2010 = and F MSY = , so F 2010 /F MSY = 0.438, and overfishing was, therefore, not occurring (NEFSC 2012a). However, F REBUILD, the target fishing pressure if the stock is to be rebuilt by 2056, is (Col & Legault 2009), so while F 2010 /F REBUILD = 0.73, fishing mortality exceeded F REBUILD in six of the last ten years for which data were available, and the average value of F for this time was , slightly above F REBUILD (NEFSC 2012a). F REBUILD is likely highly optimistic (see Detailed Rationale below). Discards of halibut are a low proportion of the landings for all of the gears assessed here (<0.1%) (NMFS 2011b); however, discards of halibut have been increasing and now outweigh landings, partly due to the increase in minimum landing size in 1999 and 2004 as well as the introduction of the retention limit (NEFSC 2012a). Rationale No directed fishery exists for halibut in federal waters, although a limited halibut fishery is permitted in Maine s state waters. Amendment 9 to the NE multispecies FMP permits a one fish possession limit (NMFS 2009) F REBUILD and the rebuilding timeframe may be highly optimistic for three reasons. First, the population model makes the unrealistic assumption that the population grows at its maximum rate, even though there are currently no indications that this is the case. Second, the model does not incorporate age structure, so the fact that the mean age of maturity for females is 7.3 years means that there will be a lag time of initial response to management measures and a slower rebuilding trajectory than projected. Third, the currently assessed Gulf of Maine Georges Bank stock is likely a small portion of a larger US Canadian Atlantic halibut stock, as there is strong evidence that halibut are capable of both long distance movements and crossing US Canada boundaries in substantial numbers, and this dynamic is unaccounted for by the current model (Col & Legault 2009). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch.

29 % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19%, with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43%. ATLANTIC POLLOCK 2.1 Inherent Vulnerability 1.00 High Fishbase provides a vulnerability score of 61 for pollock (Froese & Pauly 2012). 2.2 Stock Status 5.00 Very Low The latest stock assessment for pollock in the Northwest Atlantic was conducted using 2009 data. The

30 30 SSB 2009 was estimated to be 196,000mt, which is above the SSB MSY of 91,000mt {NEFSC 2010}. 2.3 Fishing Mortality United States Northwest Atlantic, Large mesh bottom gillnet 5.00 Very Low The most recent estimate of fishing mortality on the pollock stock was F 2009 = 0.07, which is 28% of the F MSY set at 0.25 (NEFSC 2012b). Rationale: Pollock is caught using large mesh otter trawls and large mesh gillnets with each gear contributing 56% and 39% respectively to landing volumes. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary

31 31 assumption that they are all the smooth skate is made resulting in an overall discard rate of 43%. ATLANTIC WHITE SIDED DOLPHIN: WESTERN NORTH ATLANTIC 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High The status of the population relative to the optimum sustainable population (OSP) is unknown. The best estimate of abundance is 48,819, although there is a possibility that seasonal variations in abundance occur and future studies ( ) may improve estimations (Waring et al. 2013b). White sided dolphin are no longer considered a strategic stock in the Western North Atlantic as the average annual human related mortality between 2006 and 2010 did not exceed the potential biological removal (PBR) (Waring et al. 2013b). 2.3 Fishing Mortality 3.67 Low The average estimated annual mortality rate of white sided dolphins in the gillnet fishery was 38 between 2006 and 2010 (Waring et al. 2013b). This represents 13% of the PBR (304) which is not exceeded by collective fishing activities.

32 Low The large mesh otter trawl was responsible for, on average, 142 white sided dolphin mortalities per year between 2006 and 2010 (Waring et al. 2013b). This represents 47% of the PBR (304), which is not exceeded by cumulative fishing impacts. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries {Rulifson 2007}, therefore the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by the smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43%. BARNDOOR SKATE 2.1 Inherent Vulnerability

33 High The barndoor skate has a Fishbase vulnerability score of 77 (Froese & Pauly 2012). 2.2 Stock Status 4.00 Low B/B MSY = 0.69 (NMFS 2012c); current abundance is believed to be between the biomass target and the limit reference point (figure 15). NMFS classifies the stock as not overfished and rebuilding.

34 34 Figure 5. NEFSC survey biomass indices (kg/tow). Thin lines are annual indices, thick lines are three year moving averages, the red line represents the biomass limit reference point, and the blue line represents the biomass target. From NEFMC Fishing Mortality 3.67 Low The average survey index (1.11 kg/tow) was 10% higher than the average of 1.01 kg/tow), indicating that the population was undergoing rebuilding (NEFMC 2012). In the fourth quarter of 2012, NMFS considered there to be no overfishing occurring on barndoor skate in the Northwest

35 35 Atlantic (NMFS 2012c). Rationale The fishing mortality reference points for skates are based on changes in survey biomass indices. If the three year moving average of the survey biomass index for a skate species declines by more than the average coefficient of variation (CV) of the survey time series, then fishing mortality is assumed to be greater than F MSY and overfishing is occurring for that skate species (Sosebee 2006b). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries {Rulifson 2007}, therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all smooth skate is made; resulting in an overall discard rate of 43% % 40% The majority of discards from the longline fishery are skates and spiny dogfish(nmfs 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery.

36 36 BOTTLENOSE DOLPHIN: WESTERN NORTH ATLANTIC, OFFSHORE 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High In 2008, the bottlenose dolphin population in the Western North Atlantic was believed to consist of a minimum of 70,775 individuals {NMFS 2008}. However, the OSP has not been calculated for this stock so it is not possible to determine whether the current population is at a sustainable level. Bottlenose dolphins are not considered to be an endangered or threatened species (NMFS 2008). 2.3 Fishing Mortality 2.33 Moderate Although the PBR for bottlenose dolphin has been calculated as 566 animals per year, the number of mortalities and serious injuries caused by fishing activities has not been calculated, therefore, the impact is unknown. The only fishery known to interact with bottlenose dolphins within the scope of this report is the Northeast sink gillnet fishery (NMFS 2008). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40%

37 37 The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28%. CLEARNOSE SKATE 2.1 Inherent Vulnerability 1.00 High Clearnose skate has a Fishbase vulnerability score of 57 (Froese & Pauly 2012). 2.2 Stock Status 5.00 Very Low B/B MSY = 1.43 (NMFS 2012c); current abundance is at or around the biomass target, with the three year average above this benchmark (figure 15). 2.3 Fishing Mortality 3.67 Low The average survey index of 1.10 kg/tow was not 40% lower than the average of

38 kg/tow, therefore, NMFS did not consider overfishing to be occurring (NEFMC 2012). In the fourth quarter of 2012 overfishing was not occurring on the clearnose skate population (NMFS 2012c). Rationale The fishing mortality reference points for skates are based on changes in survey biomass indices. If the three year moving average of the survey biomass index for a skate species declines by more than the average CV of the survey time series, then fishing mortality is assumed to be greater than F MSY and overfishing is occurring for that skate species (Sosebee 2006b). 2.4 Discard Rate % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19%; with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013) Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43% % 40% The majority of discards from the longline fishery are skates and spiny dogfish(nmfs 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery.

39 39 FIN WHALE: WESTERN NORTH ATLANTIC 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 1.00 Very High The status of the stock relative to the OSP is unknown; however, fin whales are listed as endangered under the Endangered Species Act (ESA) and by the IUCN. Rationale The best available abundance estimate for the fin whales in the North Atlantic is 3,522 individuals. There is insufficient information available to assess trends in this population. 2.3 Fishing Mortality 3.67 Low The large mesh gillnet fishery is the only fishery within the scope of this report that is known to interact with fin whales in the Northwest Atlantic (NMFS 2012d). The PBR for fin whales is 5.6 whales per year. Between 2005 and 2009, minimum annual human caused mortalities and serious injury to fin whales was 2.6 per year, including a rate of 0.6 whales per year in U.S. fisheries. This represents 11% of the PBR, which is not exceeded by human activities. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch.

40 % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish resulting in an overall discard rate of 28%. GRAY SEAL: WESTERN NORTH ATLANTIC 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 4.00 Low The current status of the Western North Atlantic population of gray seals is unknown relative to the OSP, abundance is unknown but is believed to be increasing in US and Canadian waters (Waring et al. 2013a). 2.3 Fishing Mortality 5.00 Very Low

41 41 A PBR has not been estimated for the Western North Atlantic gray seal population, however, indications that the stock is increasing suggests that the impact of U.S. fisheries on the population is insignificant and approaching zero relative to the size of the population (Waring et al. 2013a). Rationale The gillnet and large mesh trawl fisheries are known to have interactions with gray seals in the Northwest Atlantic. Between 2006 and 2010, the average annual mortality and serious injury to gray seals in the gillnet fishery was 794 seals (Waring et al 2013a). The large mesh trawl fishery has a lower impact with no observed interactions prior to 2005, since then, interactions have been in the single figures on an annual basis (Waring et al. 2013a). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43%. HADDOCK: GEORGES BANK 2.1 Inherent Vulnerability

42 High Fishbase provides a vulnerability score of 63 for haddock (Froese & Pauly 2012). 2.2 Stock Status 5.00 Very Low The SSB 2010 for Georges Bank haddock was estimated to be 167,278mt, which is above the SSB MSY of 124,900mt (NEFSC 2012a). Rationale Spawning stock biomass peaked in 2007 at over 250,000mt and has since decreased (figure 5), although it is still above biological reference points and is considered rebuilt. Short term projections predict a further increase in biomass between 2011 and 2015 ranging between 147,700mt and 240,200mt (NEFSC 2012a). One of the major factors in this projected increase is the strong 2010 year class recruiting to the fishery, estimated to be 750 million age 1 fish (compared to an average of 19 million between 2000 and 2009). There is still uncertainty over the size of this cohort, however, the projections described have taken this uncertainty into account.

43 43 Figure 6. Spawning stock biomass of Georges Bank haddock between 1930 and Taken from NEFSC 2012a. 2.3 Fishing Mortality 5.00 Very Low The Georges Bank haddock population is considered to be rebuilt and is being fished below the F MSY proxy of 0.39 at a level of 0.24 (NEFSC 2012a). Rationale Haddock is caught using rod & reel, large mesh otter trawls, and bottom longlines which each contribute 1%, 89% and 8% respectively to landing volumes. 2.4 Discard Rate

44 44 The discard rate is the sum of all dead discards (i.e., non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43% % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery. HADDOCK: GULF OF MAINE 2.1 Inherent Vulnerability 1.00 High Fishbase provides a vulnerability score of 63 for haddock (Froese & Pauly 2012). 2.2 Stock Status

45 Low The spawning stock biomass of haddock in the Gulf of Maine in 2010, SSB 2010, was 2,868mt, just above the SSB THRESHOLD of 2,452mt and below the SSB MSY of 4,904mt (NEFSC 2012a). 2.3 Fishing Mortality 1.00 High The Gulf of Maine haddock stock is experiencing overfishing as F 2010 was 0.82, compared to an F MSY of 0.46 (NEFSC 2012a). Rationale While the stock has increased in abundance {NEFSC 2012a}, management measures have failed to achieve the target fishing mortality set in Amendment 13 of the NE Multi FMP (NEFMC 2004) of F=0.22. Haddock is caught using rod & reel, large mesh otter trawls, and bottom longlines which each contribute 1%, 89% and 8% respectively to landing volumes. As haddock is a main target species in each of these fisheries; all are considered to contribute to overfishing. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43%.

46 % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery. HARBOR PORPOISE: GULF OF MAINE/BAY OF FUNDY 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High Harbor porpoises are listed as strategic species by the Marine Mammal Protection Act (Waring et al. 2013b) and as a species of special concern for the Northeast sink gill net fishery (NMFS 2012d). Rationale The Northeast sink gill net fishery is listed as a Category I fishery in the 2012 LOF (List of Fisheries) because the annual mortality and serious injury to harbor porpoises (Gulf of Maine/Bay of Fundy) stock exceeds 50% of the PBR level of harbor porpoises (NMFS 2012d). A current population trend analysis has not been conducted for this species; the current abundance estimate is79,883 individuals (Waring et al. 2013b).

47 Fishing Mortality 1.00 High The harbor porpoise is a species of special concern, the fishery removes more than 50% of the PBR level, and some management actions are in place (time and area closures, and pingers) and are believed to be effective. However, due to low compliance with pinger requirements, the target bycatch rate was exceeded in 2011 and 2012 (NERO 2013). More recent data indicate that PBR is no longer exceeded, and that compliance is improving. Rationale Total annual estimated average fishery related mortality or serious injury of harbor porpoises in the Gulf of Maine and Bay of Fundy is 835, compared to a PBR of 706. Of those instances, 883 per year are from U.S. fisheries using observer and Marine Mammal Authorization Program data, with an annual average of 511 serious injuries and mortalities attributable to the Northeast gillnet fishery between 2005 and 2009 (Waring et al. 2013b). The average estimated harbor porpoise mortality and serious injury rate in the NE gillnet fishery (mesh size unspecified) was 1,163 animals per year, so there has been a decrease in serious injuries and mortalities since the introduction of the Take Reduction Plan. However, total U.S. fishery related mortality and serious injury for this stock exceeded the PBR, so the stock qualified as a Strategic stock. The Harbor Porpoise Take Reduction Plan (HPTRP) was implemented in 1998 to reduce interactions between harbor porpoises and commercial gillnet gear capable of catching multiple species in the Gulf of Maine and Mid Atlantic coasts {NMFS 1998}. The plan includes 4 complete time and area closures unless pingers are used. Also included in the HPTRP are historically high areas of harbor porpoise bycatch. These areas are considered consequence closure areas that will seasonally close if bycatch rates average over two consecutive managements season are greater than the specified bycatch rate of harbor porpoise per metric ton. If the rate is exceeded, the Coastal Gulf of Maine Consequence Closure Area will be closed during October and November to gill net fishing (NMFS 2010a). These measures have decreased the average estimated harbor porpoise mortality and serious injury by 49% from (before the HPTRP) to (after the HPTRP) (NMFS 2010b). Unfortunately, due low compliance with pinger requirements, bycatch rates for the monitoring seasons in (0.078) and (0.043) exceeded the target rate (0.031) and prompted the area closure (NERO 2012;NERO 2013). However, after a request from the fishing industry, and a review of the conservation benefit to harbor porpoise, the area was closed from February 1 March instead of October and November 2012 (NERO 2012;{NERO 2013). Recent data suggest that compliance is improving and that PBR may no longer be exceeded, with the gillnet fishery contributing to a mortality rate less than 50% of the PBR based on 2012 data, although it remains one of the main contributors to mortality of the species (NERO 2013; NOAA 2013b).

48 Very Low The estimated average annual mortality of harbor porpoise in the Northeast bottom trawl fishery between 2006 and 2010 was 4.5 (Waring et al. 2013b). This is less than 1% of the PBR of Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43%. HARBOR SEAL: WESTERN NORTH ATLANTIC 2.1 Inherent Vulnerability

49 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High Current abundance estimates are unavailable for harbor seals in the Western North Atlantic due to a lack of recent data (Waring et al. 2013a). 2.3 Fishing Mortality 2.33 Moderate A PBR has not been established for the Western North Atlantic population of harbor seals, therefore, it is not possible to determine whether the impact from fisheries is at a sustainable level. Total mortality and serious injury is believed to be at a low level relative to population size, but cannot be considered to be approaching zero (Waring et al. 2013a). Rationale: The large mesh gillnet and large mesh otter trawl are known to interact with harbor seals in the Northwest Atlantic. The average annual fishing mortality and serious injury associated with gillnet fishery was 280 seals between 2006 and 2010 (Waring et al 2013a). An average mortality has not been generated for the otter trawl fishery, however, 4 mortalities were observed between 2006 and 2010 (Waring et al. 2013a). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch.

50 % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43%. HARP SEAL: WESTERN NORTH ATLANTIC 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High The Western North Atlantic harp seal population is believed to be at around 8.3 million individuals,

51 51 although the proportion of the population residing in U.S. waters is unknown. The OSP has not been calculated for this population; therefore, it is unclear whether the population is at a sustainable level although it does appear to have stabilized (Waring et al. 2013a). 2.3 Fishing Mortality 5.00 Very Low The PBR for Western North Atlantic harp seals is unknown; however, mortalities and serious injuries due to interactions with fishing gear are low and believed to be insignificant and approaching zero relative to population size (Waring et al. 2013a). Rationale The large mesh gillnet and large mesh otter trawl are known to interact with harp seals to some degree. The average annual mortality and serious injury rate associated to the gillnet fishery was 218 seals from 2006 to 2010 (Waring et al 2013a). Average impact rates have not been calculated for the trawl fishery, although 4 interactions have been observed between 2002 and 2010 (Waring et al. 2013a). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS

52 b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43%. HOODED SEAL: WESTERN NORTH ATLANTIC 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High The latest stock assessment of hooded seals in the Western North Atlantic was conducted in 2007, which leads to a degree of uncertainty in the current situation. The 2007 assessment produced a best estimate abundance of 592,100 (NMFS 2007). An OSP was not derived; however, the population appeared to be increasing. 2.3 Fishing Mortality 5.00 Very Low The average estimated fishing mortality of hooded seals as a result of the large mesh gillnet fishery was 25 between 2001 and Total human caused mortalities were 5,199 over the same time period, relative to a PBR of 15,360 seals (NMFS 2007).

53 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish resulting in an overall discard rate of 28%. HUMPBACK WHALE: GULF OF MAINE 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 1.00 Very High The humpback whale is listed as endangered under the United States Endangered Species Act. Rationale The best abundance estimate for humpback whales in the Gulf of Maine is 847 individuals, with a minimum population of 823 individuals (Waring et al 2013a). The population in the Gulf of Maine is steadily increasing in size, which is consistent with an average increase in the wider North Atlantic population as a whole; however, the population may be below the OSP within the US EEZ (Waring et al. 2013a).

54 Fishing Mortality 2.33 Moderate The average annual human related mortality and serious injury rate exceeds the PBR (2.7 whales per year). Between 2006 and 2010, annual mortalities due to U.S. fisheries are estimated to be 5.8 per year (Waring et al. 2013a) The contribution of gillnet fisheries (the only fishery within the scope of this report with known interactions with humpback whales) is 0.2 whales per year (NMFS 2012d). In 2010, NMFS removed the humpback whales from the list of species driving the category 1 listing of the Northeast sink gillnet fishery, as the known interaction (0.2) represented 18% of the PBR at that time (1.1 whales) (NMFS 2012d). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish resulting in an overall discard rate of 28%. LITTLE SKATE 2.1 Inherent Vulnerability 2.00 Medium Little skate has a Fishbase vulnerability score of 44 (Froese & Pauly 2012).

55 Stock Status 5.00 Very Low B/B MSY = 1.16 (NMFS 2012c); current abundance and the three year average abundance are both above the biomass target (figure 15). 2.3 Fishing Mortality 3.67 Low The average survey index (8.15 kg/tow) was 33% higher than the average (6.12 kg/tow), therefore NMFS did not consider overfishing to be taking place {NEFMC 2012}. In the fourth quarter of 2012, overfishing was not occurring (NMFS 2012c). Rationale The fishing mortality reference points for skates are based on changes in survey biomass indices. If the three year moving average of the survey biomass index for a skate species declines by more than the average CV of the survey time series, then fishing mortality is assumed to be greater than F MSY and overfishing is occurring for that skate species (Sosebee 2006b). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary

56 56 assumption that they are all the smooth skate is made resulting in an overall discard rate of 43% % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area), so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery. MINKE WHALE: CANADIAN EAST COAST 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High The status of the Canadian east coast population of minke whales relative to the OSP is unknown. Best estimates of the population suggest that there are 20,741 whales (Waring et al. 2013b). 2.3 Fishing Mortality 5.00 Very Low The average estimated annual mortality of minke whales in the bottom trawl fishery between 2006 and

57 was 2.6 whales. Total US fishery mortalities average 3.6 whales, compared to a PBR of 162 (Waring et al. 2013b). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made resulting in an overall discard rate of 43%. MONKFISH 2.1 Inherent Vulnerability 1.00 High Monkfish has a Fishbase vulnerability score of 77 (Froese & Pauly 2012). 2.2 Stock Status 4.00 Low The northern monkfish stock is believed to be in the region of 66,000mt (NEFSC 2010), which is above the target biomass of 52,930mt. There is, however, incomplete information on the life history of monkfish and a lack of discard information from the 1980s, which lead to uncertainties in the stock assessment. Rationale

58 58 The monkfish population in the Northwest Atlantic is divided into two stocks northern and southern for management purposes, although biological indicators suggest that the population is, in fact, one large stock (NEFSC 2010). The cod, haddock, and pollock fisheries of the Northeastern United States are likely to encounter the northern stock. Monkfish biomass estimates in both management areas are currently above B target, though the stocks in the northern management area have fluctuated around that level since the late 1990s (figure 7). Figure 7. Estimated stock biomass for the northern and southern fishery management areas, with associated target and threshold biomass estimates (Figure from NEFSC 2010). 2.3 Fishing Mortality 3.67 Low Fishing mortality for both the northern and southern stocks is below the target reference points, with

59 59 F 2009 at 0.1 in the north (F THRESHOLD =0.43) (NEFSC 2010). There is uncertainty in the model used to assess the monkfish stock however. Discarding of monkfish has decreased in recent years and the average discard/kept ratio, during (0.17), is close to the long term average (0.15) (NEFSC 2010). Monkfish discards amount to 1% of total landings in the groundfish trawl fishery (NMFS 2011b) and are not considered significant in the other gears discussed in this report. Rationale Overall fishing mortality is believed to be below threshold targets in both the northern and southern stocks (figure 14), however, there is uncertainty in the stock assessment. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e., non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%. NORTH ATLANTIC RIGHT WHALE: WESTERN NORTH ATLANTIC 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status

60 Very High Current population estimates of North Atlantic right whales in the western North Atlantic suggest there is a minimum of 444 individuals (Waring et al 2013a). It is believed that this is extremely low relative to the OSP. North Atlantic right whales are listed as endangered under the U.S. ESA (Waring et al. 2013a) and by the IUCN. 2.3 Fishing Mortality 2.33 Moderate Between 2006 and 2010, there were 15 recorded mortalities or serious injuries due to human related interactions with North Atlantic right whales. Nine of these interactions involved entanglement or fishery interactions (Waring et al. 2013a).This rate of interaction is equal to the PBR of 0.9 whales per year. Between 2001 and 2006, there was one reported mortality associated with a gillnet, however, it was not possible to determine which gillnet fishery was responsible. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28%. OCEAN POUT 2.1 Inherent Vulnerability 1.00 High

61 61 Fishbase vulnerability score is 67 (Froese & Pauly 2012). 2.2 Stock Status 2.00 High The three year average survey index for ocean pout in 2010 was 0.41kg/tow, which was 8% of the B MSY proxy (4.94kg/tow) (NEFSC 2012a). 2.3 Fishing Mortality 2.33 Moderate The most recent assessment of ocean pout was published in 2012, which indicated F 2010 = 0.31 and F MSY proxy = 0.76, so F 2007 /F MSY = 0.41, and overfishing was, therefore, not occurring (NEFSC 2012a). However, as catch and exploitation ratios remain at, or near, record low levels, stock size has not increased from its own record low level, suggesting that it may be in a depensatory state. Discards are believed to exceed landings, due mainly to a lack of market (NEFSC 2012a), and are less than 1% of landed weight in the otter trawl and longline fisheries (NMFS 2011b). Rationale Historically, the majority of ocean pout landings have been taken using otter trawl gear; however, in 2010, otter trawl landings dropped to less than 1% of all landings, with fish and lobster pots contributing over 85% of landings for the year (NEFSC 2012a). Over the period from 2006 to 2010, large mesh otter trawl fisheries also accounted for 62% 93% of ocean pout discards (NEFSC 2012a). In recent years, discards have exceeded landings, and may be sufficiently high to hinder stock recovery; nevertheless, the lack of response to reduced exploitation suggests that the stock s dynamics have been so severely impacted by historical overfishing that the stock is unlikely to rebuild, even in the absence of fishing mortality (NEFSC 2008). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch.

62 % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%. PILOT WHALE (UNSPECIFIED) 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High Long finned pilot whales are listed as strategic species by the Marine Mammal Protection Act, whereas short finned pilot whales are not. However, since the two species are difficult to differentiate at sea and inhabit overlapping ranges, their abundance estimates are combined (Waring et al. 2011). 2.3 Fishing Mortality 2.33 Moderate Not enough data exist to partition mortality of long finned and short finned pilot whales, so mortality and serious injury estimates are only available for the two species combined. Total annual estimated average fishery related mortality or serious injury of pilot whales in the U.S. Atlantic during ,

63 63 was 162 animals. The PBR for each species is 93 long finned and 172 short finned pilot whales. The only fishery considered within the scope of this report, and which interacts with the pilot whale populations, is the large mesh otter trawl. The average estimated annual mortality rate of pilot whales in the trawl fishery between 2005 and 2009 was 12 (Waring et al. 2011), which represents approximately 13% of the PBR of long finned pilot whales. Rationale Insufficient data exist to determine population trends for each species, and the difficulty in differentiating the two species further limits assessment. Due to the possibility that total U.S. fisheryrelated mortality and serious injury for long finned pilot whales exceeded the PBR, the stock qualified as a strategic stock. The leading source of fishery related mortality during this time was the pelagic longline fishery, which accounted for an average annual mortality of 122 animals (Waring et al. 2011). If pelagic longline caused mortality of pilot whales were to be discounted, the long finned pilot whale would no longer meet the criteria for a strategic stock under the Marine Mammal Protection Act (1972). NMFS convened a take reduction team in 2005 to address bycatch in the pelagic longline fishery, and published a final rule in 2009 based on the team s recommendations: implementing a special research area, gear modifications, outreach material, observer coverage, and encouraging captains communications regarding interactions (Federal Register 2009b); but no comparable action has been taken to reduce mortality in the otter trawl fisheries. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%. RISSO'S DOLPHIN: WESTERN NORTH ATLANTIC 2.1 Inherent Vulnerability

64 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High The best abundance estimate for Risso s dolphins in the Western North Atlantic is 15,197 individuals, based on a 2011 survey. There is uncertainty over the current population size relative to sustainable levels and there is insufficient data to assess trends (Waring et al. 2013b). 2.3 Fishing Mortality 5.00 Very Low The PBR for the Western North Atlantic population of Risso s dolphins is 95, and between 2006 and 2010, total estimated mortalities due to human causes were 17 (Waring et al. 2013b). It is unknown how many of these mortalities are attributable to the Northeast gillnet fishery between 2006 and 2010; however, between 2005 and 2009, of the 18 mortalities documented, an average of 3 dolphins a year were killed or seriously injured by the gillnet fishery (Waring et al. 2011). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny

65 65 dogfish, resulting in an overall discard rate of 28%. ROSETTE SKATE 2.1 Inherent Vulnerability 2.00 Medium Rosette skate have a Fishbase vulnerability score of 54 (Froese & Pauly 2012). 2.2 Stock Status 4.00 Low B/B MSY = 0.83 (NMFS 2012c); current abundance is approaching the limit reference point, and the threeyear average abundance has recently dropped below the benchmark target having fluctuated around this level for the last decade (figure 15). 2.3 Fishing Mortality 3.67 Low The average survey index of 0.04 kg/tow was not 60% less than the average of 0.05 kg/tow, therefore, NMFS did not consider overfishing to be occurring {NEFMC 2012}. In the fourth quarter of 2012, overfishing was not taking place (NMFS 2012c).

66 66 Rationale The fishing mortality reference points for skates are based on changes in survey biomass indices. If the three year moving average of the survey biomass index for a skate species declines by more than the average CV of the survey time series, then fishing mortality is assumed to be greater than F MSY and overfishing is occurring for that skate species (Sosebee 2006b). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007); therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43% % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area), so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery.

67 67 SCUP 2.1 Inherent Vulnerability 2.00 Medium Fishbase vulnerability score is 38 (Froese & Pauly 2012). 2.2 Stock Status 5.00 Very Low SSB 2011 was estimated to be 190,424mt, above SSB MSY of 92,044mt {Terceiro 2012b}. Rationale The most recent peer review of the scup stock assessment took place in 2008 when the Northeast Data Poor Stocks (DPS) Peer Review Panel accepted the use of an Age Structured Assessment Program (ASAP) as the basis of reference points and stock abundance estimation. The model showed that overfishing was not occurring and that the stock was not overfished. Fishing mortality was estimated to have fallen rapidly since 1994 to F 2007 = With reduced fishing mortality and improved recruitment, SSB increased to 119,300mt in Following this 2008 stock assessment, NMFS declared the scup stock rebuilt in 2009 (Terceiro 2012b). 2.3 Fishing Mortality 5.00 Very Low F 2011 was estimated to be 0.034, which is below the reference point F MSY which is Accurate estimates of scup discards are unavailable, but they are believed to exceed landings (Terceiro 2012b). Discards from the otter trawl fishery are <1% of the weight of all species landed. 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch.

68 % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%. SHORT BEAKED COMMON DOLPHIN: WESTERN NORTH ATLANTIC 2.1 Inherent Vulnerability 1.00 High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). 2.2 Stock Status 2.00 High The minimum population size for the short beaked common dolphin was believed to be 52,893 in 2011 (Waring et al. 2013a). The OSP has not been calculated for this stock and, therefore, it is not possible to determine whether abundance is at a sustainable level. 2.3 Fishing Mortality 5.00 Very Low

69 69 The average annual mortality in the gillnet fishery from was 30 animals, which is lower than the PBR of 529 (Waring et al. 2013a) Cumulative fishing impacts are around 31% of the PBR(Waring et al. 2013a) Very Low The average annual mortality of common dolphins due to the large mesh trawl was 20 between 2006 and 2010 (Waring et al. 2013a). Cumulative fishing impacts are approximately 31% (164 per year, with PBR at 529) of the PBR (Waring et al. 2013a). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%.

70 70 SMOOTH SKATE 2.1 Inherent Vulnerability 2.00 Medium Smooth skate has a Fishbase vulnerability score of 49 (Froese & Pauly 2012). 2.2 Stock Status 4.00 Low B/B MSY = 0.55 (NMFS 2012c); current abundance is between the biomass target and limit reference points (figure 15). 2.3 Fishing Mortality 3.67 Low The average survey index (0.16 kg/tow) was 23% higher than the average (0.13 kg/tow), therefore, NMFS did not consider overfishing to be taking place (NEFMC 2012). In the fourth quarter of 2012, smooth skate was not experiencing overfishing (NMFS 2012c). Rationale The fishing mortality reference points for skates are based on changes in survey biomass indices. If the three year moving average of the survey biomass index for a skate species declines by more

71 71 than the average CV of the survey time series, then fishing mortality is assumed to be greater than F MSY and overfishing is occurring for that skate species (Sosebee 2006b). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43% % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery.

72 72 SPINY DOGFISH 2.1 Inherent Vulnerability 1.00 High Inherent vulnerability to fishing pressure is high based on a Fishbase vulnerability score of 69 (Froese & Pauly 2012). 2.2 Stock Status 5.00 Very Low The spiny dogfish population in the Northwest Atlantic biomass has been above the target (SSB MAX (159,288mt)) since 2008 and was estimated to be 169,415mt in 2011 (Rago & Sosebee 2011). 2.3 Fishing Mortality 5.00 Very Low Fishing mortality is below the target (F=0.2439), with estimated fishing mortalities of and in 2009 and 2010 respectively (Rago & Sosebee 2011). Dead discards in the otter trawl fishery were estimated at 2,782 mt (based on a 50% discard mortality rate) in 2010, and were 716 mt in gillnet fisheries in the same year (based on a 30% discard mortality rate) (Rago & Sosebee 2011). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch.

73 % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery. SUMMER FLOUNDER 2.1 Inherent Vulnerability 2.00 Medium Summer flounder has a Fishbase vulnerability score of 47 (Froese & Pauly 2012). 2.2 Stock Status 4.00 Low In 2011, summer flounder SSB was estimated to be 57,020mt, just below the target reference point of SSB MSY = SSB 35% = 60,074 {Terceiro 2012a}; in 2010 SSB had been slightly higher than SSB MSY. As of March 29, 2012, NMFS listed Mid Atlantic coast summer flounder as rebuilt (NMFS 2012c).

74 Fishing Mortality 5.00 Very Low The latest stock assessment estimated that F 2011 = 0.241, below the benchmark F MSY = 0.31 (Terceiro 2012a). Fishing mortality ranged from 1.0 to 2.0 between 1982 and 1996, and since then it has declined to the current level; F has been below F MSY since 2007 (figure 8) (Terceiro 2012a). Discard mortality of summer flounder is near historical lows, and between 2006 and 2010 annual discard mortality was less than 10% of commercial landings (Terceiro 2012a). Summer flounder discards in the groundfish trawl fishery are approximately 1% of total landings (NMFS 2011b). Rationale Figure 8. Total fishery catch and fishing mortality rate (F 3 7 ) for summer flounder (from Terceiro 2012a).

75 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate specie is made, resulting in an overall discard rate of 43%. THORNY SKATE 2.1 Inherent Vulnerability 1.00 High Thorny skate have a Fishbase vulnerability score of 70 (Froese & Pauly 2012). 2.2 Stock Status 2.00 High B/B MSY = 0.06 (NMFS 2012c); current abundance estimates are below the limit reference point and at historical lows. NMFS classifies the thorny skate stock as overfished (NMFS 2012c), and it is listed as vulnerable by the IUCN.

76 Fishing Mortality 2.33 Moderate The average survey index of 0.25 kg/tow was not 20% less than the average of 0.26 kg/tow, therefore, NMFS did not consider overfishing to be occurring (NEFMC 2012). However, the index has been decreasing gradually demonstrating that, despite conservation efforts, the stock has not been rebuilding. In the fourth quarter of 2012, overfishing was not taking place (NMFS 2012c). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007); therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%.

77 % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery. WINTER FLOUNDER: GEORGES BANK 2.1 Inherent Vulnerability 3.00 Low Winter flounder has a Fishbase vulnerability score of 34 (Froese & Pauly 2012). 2.2 Stock Status 4.00 Low In 2010 the Georges Bank winter flounder population had a SSB of 9,703mt, which is above the minimum biomass threshold (5,900mt) but below the biomass target (11,800mt) (figure 9) (NEFSC 2011). Rationale

78 78 Figure 9. Georges Bank winter flounder spawning stock biomass (B) and fishing mortality (F) estimates during , reported in SARC 52 assessment (blue circles), along with 80% confidence intervals for 2010 estimates (Figure from data in NEFSC 2012a). 2.3 Fishing Mortality 5.00 Very Low Fishing mortality rate in 2010 was 0.15;below F MSY of 0.42 (NEFSC 2011). Fishing mortality rates peaked between 1984 and 1993 when they ranged between 0.57 and 1.17, before declining to between 0.31 and 0.51 in the mid 1990s. Fishing mortality has fluctuated throughout the time series but has been below F MSY since 2006 (figure 8) (NEFSC 2011).

79 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%. WINTER FLOUNDER: GULF OF MAINE 2.1 Inherent Vulnerability 3.00 Low Winter flounder has a Fishbase vulnerability score of 34 (Froese & Pauly 2012). 2.2 Stock Status 3.00 Moderate The most recent assessment of Gulf of Maine winter flounder was the S52nd SAW assessment in 2011, which estimated the stock biomass of fish larger than 30cm as B 2010 = 6,341 mt (80% confidence interval mt) (NEFSC 2011; NMFS 2012b). However, the Stock Assessment Review Committee (SARC) rejected the analytical model and a biomass reference point could not be estimated (NEFSC 2011).

80 Fishing Mortality 5.00 Very Low Fishing mortality in 2010 (F 2010 =0.03) was below the target (F MSY =0.3) and threshold (F THRESHOLD =0.23) values (NEFSC 2011). Rationale In 2008, the stock assessment was rejected by the GARM III review panel and biological reference points could not be used for management purposes. However, in 2011 SARC determined that overfishing was not occurring as all models produced F 2010 estimates that were significantly lower than the biological reference points (NEFSC 2011). A proxy value of the overfishing threshold was derived from a lengthbased yield per recruit analysis that assumes all fish above 30cm are fully recruited to the fishery and that natural mortality is 0.3. Using F40% (0.31) as a proxy for FMSY, the threshold exploitation rate is Exploitation rate in 2010 was estimated at 0.03 (80% confidence interval ), which was based on the ratio of 2010 catch (195 mt) to survey based swept area estimate of biomass for winter flounder exceeding 30cm in length (6341 mt) (NEFSC 2011). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%. WINTER SKATE 2.1 Inherent Vulnerability

81 High Winter skate has a Fishbase vulnerability score of 62 (Froese & Pauly 2012) 2.2 Stock Status 5.00 Very Low B/B MSY = 1.72 (NMFS 2012c); current and three year average abundance is above the target biomass (figure 15). 2.3 Fishing Mortality 3.67 Low The average survey index (9.64kg/tow) was 18% higher than the average (8.18 kg/tow), therefore, NMFS did not consider overfishing to be taking place (NEFMC 2012). In the fourth quarter of 2012, winter skate was not experiencing overfishing (NMFS 2012c). Rationale The fishing mortality reference points for skates are based on changes in survey biomass indices. If the three year moving average of the survey biomass index for a skate species declines by more than the average CV of the survey time series, then fishing mortality is assumed to be greater than F MSY and overfishing is occurring for that skate species (Sosebee 2006b).

82 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 40% The main species discarded in the large mesh gillnet fishery is spiny dogfish (41.6% of total landings) (NMFS 2011b). Spiny dogfish has been shown to have a 55% overall mortality rate in gillnet fisheries (Rulifson 2007), therefore, the overall discard rate was adjusted to account for the survival rate of spiny dogfish, resulting in an overall discard rate of 28% % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43% % 40% The majority of discards from the longline fishery are skates and spiny dogfish (NMFS 2011b). There is no post release survival information for this fishery (although there are ongoing studies in this area) so a discard mortality of 100% is assumed. Smaller amounts of cod and haddock are also discarded in this fishery. WITCH FLOUNDER 2.1 Inherent Vulnerability

83 Medium Witch flounder has a Fishbase vulnerability score of 51 (Froese & Pauly 2012). 2.2 Stock Status 2.00 High The most recent assessment of the witch flounder was released in 2012 and indicated that, based on 2010 data, that SSB was below the minimum biomass threshold (figure 10); SSB 2010 /SSB MSY =0.408 (NEFSC 2012a). Rationale Figure 10. Witch flounder spawning stock biomass and fishing mortality (F) estimates during , from GARM III assessment in 2008 (blue circles), along with 80% confidence intervals for 2007 estimates. Projected

84 84 SSB and F are shown with open squares, along with 80% confidence intervals (Figure from data in NEFSC 2012a). 2.3 Fishing Mortality 1.00 High The latest stock assessment shows that current fishing mortality (F 2010 =0.47) is higher than the target fishing mortality (F MSY Proxy =0.27) (NEFSC 2012a). While fishing mortality has declined since 1996, it is still about twice as high as the estimated fishing mortality in the early 1990s. Discards from the large mesh otter trawl make up the majority of discards, however, total discards are considered to be a minor part of the overall catch of witch flounder(nefsc 2012a). Rationale Amendment 16 to the NE multispecies FMP adopted a broad suite of management measures to achieve fishing mortality targets. Specific to witch flounder, a rebuilding plan has been proposed which would have a 75% likelihood of rebuilding the stock by To accomplish the reduction in fishing mortality, the amendment expanded the use of sectors that have their catch limited by a quota, and implement accountability measures (AMs) to prevent overfishing. In 2010, there was a transition from an effort control fishery to one managed through hard TACs. In addition, this amendment implemented new requirements for establishing allowable biological catch (ABC), ACLs, and AMs for the stocks managed under the FMP (Federal Register 2010). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery consist largely of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%.

85 85 YELLOWTAIL FLOUNDER: CAPE COD/ GULF OF MAINE 2.1 Inherent Vulnerability 2.00 Medium Yellowtail flounder has a Fishbase vulnerability score of 37 (Froese & Pauly 2012). 2.2 Stock Status 2.00 High The most recent assessment of Cape Cod/Gulf of Maine yellowtail flounder was published in 2012, and it indicated SSB 2010 = 1,680 mt and SSB MSY proxy = 7,080 mt so the stock was therefore considered overfished with B 2010 /B MSY = (figure 11) (NEFSC 2012a). Rationale

86 86 Figure 11. Cape Cod/Gulf of Maine yellowtail flounder spawning stock biomass (SSB) and fishing mortality (F) estimates during , from GARM III assessment in 2008 (blue circles), along with 80% confidence intervals for 2007 estimates. Projected SSB and F with 80% confidence intervals are shown with open squares. Figure from data in NEFSC 2012a. 2.3 Fishing Mortality 1.00 High 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 2012a}. However, fishing mortality had been declining since 2004, and was at its lowest point in the time series (NEFSC 2008, NEFSC 2012a). The stock is currently in year 8 of its 19 year rebuilding plan (NMFS 2012c). Between 1994 and 2010, discards (across all gear types) averaged 17% of total landings (NEFSC

87 a). Rationale Amendment 16 to the NE multispecies FMP adopted a broad suite of management measures to achieve fishing mortality targets. To accomplish the reduction in fishing mortality, the amendment will expand the use of sectors that have their catch limited by a quota and implement accountability measures (AMs) to prevent overfishing. In particular, these AMs include differential days at sea (DAS) counting to correct for over or under harvesting, and a transition in 2012 from an effort control fishery to one managed through hard TACs. In addition, this amendment will implement new requirements for establishing allowable biological catch (ABC), annual catch limits (ACLs), and AMs for the stocks managed under the FMP (Federal Register 2010). 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%. YELLOWTAIL FLOUNDER: GEORGES BANK 2.1 Inherent Vulnerability 2.00 Medium Yellowtail flounder has a Fishbase vulnerability score of 37 (Froese & Pauly 2012).

88 Stock Status 2.00 High The latest stock assessment by the Transboundary Resources Assessment Committee revealed that SSB 2011 was 4,600 mt, below the target reference point SSB MSY = 43,200 mt (TRAC 2012). Biomass has been below SSB MSY for the whole of the time series (figure 12). Rationale: Figure 12.Georges Bank yellowtail flounder spawning stock biomass and fishing mortality (F) estimates during , from 2011 TRAC assessment, along with 80% confidence intervals for 2010 estimates (Figure from data in NEFSC 2012a).

89 Fishing Mortality 1.00 High The fishing mortality reference point, F REF =0.25, has been exceeded throughout the time series, and is currently estimated at F 2011 =0.31, however, if current retrospective trends continue, this is expected to increase to 0.62 (TRAC 2012). Discards are estimated to be 20% of the landed volume, coming mainly from the trawl fishery and scallop dredge fishery. Rationale Amendment 16 to the NE multispecies FMP adopted a broad suite of management measures to achieve fishing mortality targets. Specific to Georges Bank yellowtail flounder, the rebuilding plan was adjusted to meet rebuilding targets, with a probability of 50%, by 2032 (Federal Register 2012). To accomplish the reduction in fishing mortality, the amendment expanded the use of sectors that have their catch limited by a quota and that implement accountability measures (AMs) to prevent overfishing. In 2010, there was a transition from an effort control fishery to one managed through hard TACs. In addition, this amendment will implement new requirements for establishing ABC, ACLs, and AMs for the stocks managed under the FMP (Federal Register 2010) 2.4 Discard Rate The discard rate is the sum of all dead discards (i.e. non retained catch) plus bait use divided by the total retained catch % 60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate are believed to have a higher post release survival rate than other fish species. A recent study revealed that post release mortality of the skate complex (species combined) was 19% with the highest post release mortality exhibited by smooth skate at 60% (Mandelman et al. 2013). Due to the uncertainty around which skate species are discarded during the groundfish fishery, a precautionary assumption that they are all the smooth skate is made, resulting in an overall discard rate of 43%.

90 90 Criterion 3: Management Effectiveness Management is separated into management of retained species and management of nonretained species/bycatch. The final score for this criterion is the geometric mean of the two scores. Region / Method Management of Retained Species Management of Non Retained Species Overall Recommendation United States Yellow(3.000) Northwest Atlantic Large mesh bottom gillnet United States Yellow(3.000) Northwest Atlantic Large mesh bottom trawl United States Northwest Atlantic Longline, Bottom Yellow(3.000) Factor 3.1: Management of fishing impacts on retained species Region / Method Strategy Recovery Research Advice Enforce Track Inclusion United States Northwest Atlantic Large mesh bottom gillnet United States Northwest Atlantic Large mesh bottom trawl United States Northwest Atlantic Longline, Bottom Moderately Effective Moderately Effective Moderately Effective Moderately Moderately Moderately Highly Effective Effective Effective Effective Moderately Moderately Moderately Highly Effective Effective Effective Effective Moderately Moderately Moderately Highly Effective Effective Effective Effective Moderately Effective Highly Effective Moderately Highly Effective Effective ModeratelyHighly Effective Effective The NEFMC manages the groundfish fishery through a collective FMP, which covers 20 stocks from 13 species. Grouping species together allows NEFMC to manage these mixed fisheries more effectively than if individual species FMPs were used. Due to the historical exploitation to which the stocks have been exposed, a number of stocks are depleted or in a state of rebuilding. NEFMC has recently introduced a new management system which should improve the rate of recovery of stocks. There is a considerable effort to collect data in these fisheries through logbooks and observer coverage, which guides stock assessments (along with fishery independent data). NEFMC take into account the scientific information provided by stock assessments on the majority of occasions, however, in some instances TACs have been set too high in response to social and economic need.

91 91 Justification of Ranking Factor 3.1: Management of Fishing Impacts on Retained Species Seven subfactors are evaluated: Management Strategy, Recovery of Species of, Scientific Research/Monitoring, the Following of Scientific Advice, Enforcement of Regulations, Management Track Record, and Inclusion of Stakeholders. Each is rated as ineffective, moderately effective, or highly effective. 5 (Very Low ) Rated as highly effective for all seven subfactors considered. 4 (Low ) Management Strategy and Recovery of Species of rated highly effective and all other subfactors rated at least moderately effective. 3 (Moderate ) All subfactors rated at least moderately effective. 2 (High ) At minimum, meets standards for moderately effective for Management Strategy and Recovery of Species of, but at least one other subfactor rated ineffective. 1 (Very High ) Management exists, but Management Strategy and/or Recovery of Species of rated ineffective. 0 (Critical) No management exists when a clear need for management exists (i.e., fishery catches threatened, endangered, or high concern species) OR there is a high level of illegal, unregulated, and unreported fishing occurring Critical? United States Northwest Atlantic, Large mesh bottom gillnet 0.00 No Subfactor Management Strategy and Implementation Considerations: What type of management measures are in place? Are there appropriate management goals, and is there evidence that management goals are being met? To achieve a Highly Effective rating, there must be appropriate management goals and evidence that the measures in place have been successful at maintaining/rebuilding species.

92 Moderately Effective The New England fisheries for white hake are managed by the NEFMC through the Northeast Multispecies Fishery Management Plan (NE multispecies FMP), alongside 9 other species of flatfish and groundfish. Originally enacted in 1985, the NE multispecies FMP has been amended a number of times to improve the management of the relevant fisheries, including the introduction of gear restrictions (e.g., mesh size, number of nets/hooks etc.), seasonal closures, spatial closures, minimum landing sizes, trip limits on poundage of fish landed, limited access (a restriction on the number of vessels able to work within the fishery), effort limits based on a days at sea (DAS) system and, most recently, a system based on transferable quotas set against a hard ACL (this replaced the previous effort based limitation of the DAS system in 2010). In 2010, Amendment 16 to the NE multispecies FMP greatly expanded catch share, or sector based, management. The sectors function essentially as cooperatives, as they are self selecting and largely self regulating; albeit within a framework designated and closely monitored by federal agencies. The sectors are exempt from many of the effort controls previously used to manage the fishery; instead, they adhere to an overall hard quota known as an ACL, which is subdivided into annual catch entitlements (ACE) allocated to each sector. The shift to output management instead of effort management enables efficiency gains by allowing increased operational efficiency. While the sectors are optional to join, the majority of fishers have chosen to participate: sector vessels made 65% of all NE multispecies landings in 2010, including 98% of groundfish and 54% of non groundfish (Kitts et al. 2011; Labaree 2012; Federal Register 2012). Under the Magnuson Stevens Act, the ACL must be set less than or equal to the acceptable biological catch (ABC) to account for management uncertainty, which must be set less than or equal to the Overfishing Level (OFL) (to account for any scientific uncertainty in the stock assessment (Figure 16) (Federal Register 2009a).Fishing mortality targets are set for each stock independently based on achieving MSY in the long term, therefore for stocks which are overfished (and may also be subject to overfishing) the target fishing mortality is set at a level which will have a reasonable probability (>50%) of ensuring rebuilding of the stock within the timeline set within the relevant rebuilding program (see Recovery of Stocks of, below). However, should a sector approach the ACE for one of the target stocks, then the area inhabited by that stock is closed to all gears capable of catching that stock, resulting in a potential under harvest of more abundant stocks. The sector system allows fishermen to share, trade or lease quota within a fishery, reducing the chance of overfishing depleted stocks while targeting more abundant stocks; and if a sector is nearing its quota for a particular species, it may be possible to lease it from another sector. There have been some concerns with the management strategy in the past, particularly with respect to depleted stocks (see Recovery of Stocks of, below). In addition, in many cases target TACs have been set too high, due to errors in stock assessments, and there has been a need for increased precaution (see Scientific Advice ). The management system, however, has substantially changed under Amendment 16, which is expected to reduce the race to fish and improve conservation outcomes. For example, discarding appears to have been reduced, and the fishery now relies on hard ACLs (which include discards) rather than target TACs, all of which helps reduce the likelihood of exceeding sustainable fishing mortality rates for targeted stocks. In addition, sectors have not exceeded their ACEs, while in the past it was possible for

93 93 target TACs to be exceeded, as the regulations were based on effort control (DAS) rather than output control (Kitts et al. 2011). The new management regime has not been in place long enough to fully assess its impact. Rationale Figure 13. Relationship between OFL, ABC, ACL, and ACT as described by the National Marine Fisheries Service. (NOAA 2009) Subfactor Recovery of Species of Considerations: When needed, are recovery strategies/management measures in place to rebuild overfished/threatened/ endangered species or to limit fishery s impact on these species and what is their likelihood of success? To achieve a rating of Highly Effective, rebuilding strategies that have a high likelihood of success in an appropriate timeframe must be in place when needed, as well as measures to minimize mortality for any overfished/threatened/endangered species.

94 Moderately Effective There are a number of stocks of concern impacted by the fisheries managed under the NE multispecies FMP, and the management plan has had varying degrees of success in recovering these stocks. Under the NE multispecies FMP, and in accordance with the Magnuson Stevens Act, overfished stocks are subject to rebuilding programs, which aim to rebuild the stock within a given timeframe, usually 10 years. Some stocks, such as Georges Bank cod, are subject to extended rebuilding timelines if the necessary decrease in fishing mortality would lead to negative social and/or economic impacts. Georges Bank cod has a rebuilding target of 2026 (Federal Register 2004). The rebuilding programs are based on meeting fishing mortalities that are likely to allow rebuilding of the stock within the given time period (F REBUILD ), which are typically a reduction from the fishing mortalities to which the stocks were subject to when the programs were first established in 2003 (implemented in 2004 fishing year). Any reduction in fishing mortality was conducted in one of two ways: through phased reduction strategy where the fishing mortality was gradually reduced over the rebuilding period in order to reach the target biomass with median probability; or an adaptive rebuilding strategy where fishing mortality was held at or below F MSY from 2004 to 2009, at which point adjustments were made in order to achieve the target biomass by the end of the rebuilding period. The most recent stock assessments show that a number of stocks of concern have not yet been rebuilt and that the targets set within the rebuilding programs have not been met (e.g., Georges Bank cod, Gulf of Maine cod, Cape Cod yellowtail flounder) (NMFS 2011a; NEFSC 2012a). With the recent adoption of a new management system, it is too early to determine whether the rebuilding targets will be met by the end of the rebuilding period. There are, however, a number of stocks that have been rebuilt prior to the end of the rebuilding period (typically due to strong recruitment and good survival of abundant year classes during periods of reduced exploitation). These stocks include Georges Bank haddock, Gulf of Maine haddock, Acadian redfish, and pollock among others (NMFS 2011a; NEFSC 2012a). Although there is concern that some of the stocks have yet to meet their rebuilding targets, other stocks have been rebuilt within the specified timelines, and the new management system is likely to improve rebuilding of stocks due to reduced levels of discarding. Subfactor Scientific Research and Monitoring Considerations: How much and what types of data are collected to evaluate the health of the population and the fishery s impact on the species? To receive a Highly Effective score, population assessments must be conducted regularly and they must be robust enough to reliably determine the population status Moderately Effective

95 95 There is a high level of scientific research and monitoring associated with the Northeast U.S. fisheries, including regular stock assessments and gear modification trials (NMFS 2011b). Much of the scientific research and monitoring is carried out by the Northeast Fisheries Science Center (NEFSC), which provides the NEFMC with scientific advice, including stock assessments, to guide the management of the fishery. A number of independent and academic institutions also conduct research in the region including testing gear modifications and conducting tagging experiments to monitor fish populations. Stock assessments account for all sources of fishing mortality, including commercial and recreational landings and discards (NEFSC 2008; NEFSC 2012a), as well as environmental factors. There is, therefore, a wealth of both fishery dependent and fishery independent data available to NEFMC and NMFS in order to ensure the fishery is managed effectively. There are concerns of a continued retrospective pattern which overestimates biomass and underestimates fishing mortality in some stocks, for example, Georges Bank cod and stock assessments are taking account of this pattern, which is thought to be caused, in part, by increased natural mortality rates (NEFSC 2013a). Observer coverage in the fishery is comprised of two forms: the Northeast Fisheries Observer Program (NEFOP) and the At Sea Monitoring (ASM) program. The level of observer coverage aims to ensure precision in the catch levels of each managed stock, based on a methodology set out in the Standard Bycatch Reporting Methodolgy (SBRM). The SBRM was vacated by the courts as it contained discretions to be made that allowed observer coverage to be below that required to meet an acceptable level of precision (CV<30) based on budget reasons. The questions surrounding the observer program and the appropriate level of coverage prevent the management system from achieving the highest possible score for scientific research and monitoring. Rationale SBRM indicates that a simple percent observer coverage is not appropriate and, instead, indicates that the appropriate metric of coverage is the CV, or the ratio of the square root of the variance of the bycatch estimate (i.e., standard error) to the estimate itself. SBRM establishes a standard level of precision of CV = 0.3 (Federal Register 2008). Subfactor Management Record of Following Scientific Advice Considerations: How often (always, sometimes, rarely) do managers of the fishery follow scientific recommendations/advice (e.g,. do they set catch limits at recommended levels)? A Highly Effective rating is given if managers nearly always follow scientific advice Moderately Effective

96 96 The NEFMC takes scientific advice into account when setting quotas and developing management strategies in the majority of cases. Under the Magnuson Stevens Act, the NEFMC has a duty to consider the social and economic consequences of the quotas that they set, and for some stocks, particularly cod, there are concerns among environmental groups that the council will follow a less precautionary scientific option in order to meet social and economic goals. While NEFMC is implementing scientific advice on a regular basis, there is potential room for improvement by implementing a more precautionary approach, particularly when considering the potential retrospective pattern as previously discussed. Subfactor Enforcement of Management Regulations Considerations: Is there a monitoring/enforcement system in place to ensure fishermen follow management regulations and what is the level of fishermen s compliance with regulations? To achieve a Highly Effective rating, there must be regular enforcement of regulations and verification of compliance Highly Effective A variety of enforcement measures are in place in the New England groundfish fishery. All vessels fishing in the multispecies fishery are required to have a vessel monitoring system (VMS) fitted (Federal Register 2006), which allows fishery officers to monitor the location of each vessel from a remote location. VMS systems enable fishery managers to not only monitor where catches are being taken, but also enables enforcement of spatial closures, of which there are a number in the Northwest Atlantic. Enforcement of fishery legislation at sea is a cooperative operation between coastal states and the NOAA Office of Law Enforcement (OLE) and the United States Coast Guard. OLE officers conduct dockside inspections and inspect fish processing plants (OLE webpage), while the coastguard inspect vessels at sea (Nies 2013). OLE enforce fisheries legislation including minimum landing sizes, retention of prohibited species, gear restrictions etc. Violation of such management measures can result in criminal or civil actions and can also result in fines, loss of quota, or imprisonment for more serious cases. Under Amendment 16 of the Multispecies FMP, accountability measures (AMs) were established (Federal Register 2010). AMs are required to ensure accountability within the fishery and to prevent overfishing. Proactive AMs are designed to prevent ACLs from being exceeded, whereas reactive AMs are designed to correct any overages should they occur (Federal Register 2012). AMs can result in reduction or complete loss of quota for a sector that regularly or greatly exceeds its quota (Federal

97 97 Register 2010). It is thought that loss of a community pool will encourage a greater level of selfmanagement, improving compliance throughout the fishery. Subfactor Management Track Record Considerations: Does management have a history of successfully maintaining populations at sustainable levels or a history of failing to maintain populations at sustainable levels? A Highly Effective rating will be given if measures enacted by management have been shown to result in the long term maintenance of species overtime Moderately Effective The fish stocks in the Northwest Atlantic have been subject to fishing pressure for centuries and, as a result, many of them have become overfished or depleted. Management of the fisheries through the NEFMC began in 1977 when the fishery management councils were formed through the Magnuson Stevens Fishery Conservation and Management Act (MS Act), then called the Magnuson Fishery Conservation and Management Act 1976 (NEFMC website). During the early years of management under the NEFMC, many of the stocks underwent declines in biomass under increasing fishing mortalities, (for example, Acadian redfish, Georges Bank cod, Gulf of Maine cod) (NEFSC 2008). However, in more recent years, following revision of the MS Act and the requirement for fisheries management councils to implement rebuilding programs, there have been increasing biomasses in a number of stocks (NEFSC 2008), and more recent changes in management suggest that these improvements will continue. It is too early to determine whether the sector based management system will enable stocks to rebuild and stabilize at a sustainable level. Subfactor Stakeholder Inclusion Considerations: Are stakeholders involved/included in the decision making process? Stakeholders are individuals/groups/organizations that have an interest in the fishery or that may be affected by the management of the fishery (e.g,. fishermen, conservation groups, etc.). A Highly Effective will be given if the management process is transparent and includes stakeholder input.

98 Highly Effective The New England Fisheries Management Council has a good track record of including stakeholders in the development of legislation, with oral and written comments being invited on each draft amendment or framework adjustment to the FMP. The NEFMC also responds to each of the comments in the Federal Register documents to show transparency of process (Federal Register 2010; Federal Register 2012). Factor 3.2: Management of Fishing Impacts on Bycatch Species Four subfactors are evaluated: Management Strategy, Scientific Research/Monitoring, Following of Scientific Advice, and Enforcement of Regulations. Each is rated as ineffective, moderately effective, or highly effective. Unless reason exists to rank Scientific Research/Monitoring, Following of Scientific Advice, and Enforcement of Regulations differently, these ranks are the same as in (Very Low ) Rated as highly effective for all four subfactors considered. 4 (Low ) Management Strategy rated highly effective and all other subfactors rated at least moderately effective. 3 (Moderate ) All subfactors rates at least moderately effective. 2 (High ) At minimum, meets standards for moderately effective for Management Strategy but some other factors rated ineffective. 1 (Very High ) Management exists, but Management Strategy rated ineffective. 0 (Critical) No bycatch management even when overfished, depleted, endangered or threatened species are known to be regular components of bycatch and are substantially impacted by the fishery. Factor 3.2: Management of Fishing Impacts on Bycatch Species Region / Method Strategy Research Advice Enforce United States Northwest Atlantic Large Mesh Bottom Gillnet No Moderately Effective Moderately Effective Moderately Effective United States Northwest Atlantic Large Mesh Bottom Trawl No Moderately Effective Moderately Effective Moderately Effective United States Northwest Atlantic Longline, Bottom No Moderately Effective Moderately Effective Moderately Effective There are a number of regulations in place that require fisheries managers to reduce the impacts of fishing activities on non target populations. Reporting of bycatch incentivizes encourages reduction efforts while providing data for scientific research and stock assessments. The observer program provides considerable data to aid in stock assessments of target and bycatch species. Enforcement is generally good, although there are concerns over

99 99 the effectiveness of the regulations with respect to the use of pingers on gillnets to reduce the bycatch of cetaceans (e.g., harbor porpoise). Justification of Ranking All Species Retained? 0.00 No Critical? 0.00 No Subfactor Management Strategy and Implementation Considerations: What type of management strategy/measures are in place to reduce the impacts of the fishery on bycatch species and how successful are these management measures? To achieve a Highly Effective rating the primary bycatch species must be known and there must be clear goals and measures in place to minimize the impacts on bycatch species (e.g., catch limits, use of proven mitigation measures, etc.) Moderately Effective The Magnuson Stevens Act requires fisheries management to prevent overfishing from occurring, and

100 100 for depleted and overfished stocks to be rebuilt. Marine mammals are further protected under the Marine Mammal Protection Act (MMPA) of 1972, which requires the maintenance of marine mammal populations above their optimum sustainable level, and the rebuilding of depleted populations. The Endangered Species Act of 1973 provides protection for species that are endangered or threatened with extinction, including fish, marine mammals, turtles, and seabirds. These three pieces of legislation provide a framework directed at ensuring FMPs are designed and implemented in such a way that prevents overfishing and allows recovery of stocks caught within a fishery, whether they are targeted or caught incidentally. The MSA requires that all management measures must minimize bycatch to the extent practicable, and minimize mortality of bycatch when bycatch is unavoidable (Magnuson Stevens Fishery Conservation and Management Act 1976). To comply with the MSA requirement of including a SBRM in all FMPs, and prompted by successful lawsuits by Oceana, the Conservation Law Foundation, and the Natural Resources Defense Council, the NEFMC and the Mid Atlantic Fisheries Management Council jointly developed an omnibus amendment, corresponding to Amendment 15 to the NE multispecies FMP. The SBRM amendment is meant to establish, maintain, and utilize biological sampling programs designed to minimize bias to the extent practicable, thus promoting accuracy while maintaining sufficiently high levels of precision (Federal Register 2008). The original SBRM was considered inadequate and was vacated by the courts in 2011; NMFS are currently developing a replacement action (Brogan pers. comm. 2013).To be approved to operate, sectors must submit an operations plan to the regional administrator (NEFMC) detailing, among other things, how bycatch of regulated species and ocean pout will be avoided to prevent allowable catch entitlement overages. To date, this has not occurred as NMFS is currently funding both the Northeast Fisheries Observer Program (NEFOP) and the At Sea Monitoring Program (ASM); sector operation plans will be required when the financial burden for ASM passes from NMFS to the individual sectors (Litsinger pers. comm. 2013). To address harbor porpoise mortality in gillnet fisheries, NMFS updated its Harbor Porpoise Take Reduction Plan (HPTRP) to reduce mortality below the PBR threshold level. Measures implemented in New England include new areas with acoustic deterrent ( pinger ) requirements as well as consequence closure areas that would seasonally close certain areas to gillnet fishing if the observed average bycatch rate exceeds the target bycatch rate for two consecutive management seasons. Acoustic deterrents, or pingers, are highly effective in reducing harbor porpoise bycatch in gillnets when used properly, with a controlled scientific study showing a 92% reduction in harbor porpoise bycatch (Kraus et al. 1997). Area closures, if triggered and properly enforced, should be highly effective, too. However, at this time, levels of bycatch remain above 50% of the PBR level for the species, thus management is considered uncertain until data demonstrate that it has fallen below that threshold, particularly considering recent concerns with regulations compliance (see Enforcement ). Subfactor Scientific Research and Monitoring Considerations: Is bycatch in the fishery recorded/documented and is there adequate monitoring of bycatch to measure fishery s impact on bycatch species? To achieve a Highly Effective rating, assessments must be conducted to determine the impact of the fishery on species of concern, and an

101 101 adequate bycatch data collection program must be in place to ensure bycatch management goals are being met Moderately Effective Fishery observers are required in groundfish fisheries, with the exception of handgear, under the Multispecies FMP and by the MMPA and ESA (NMFS 2011b). Observers are trained biologists who collect data on fishing activities onboard commercial vessels to provide robust data to support science and management programs. Observers in the Northeast Fisheries Observer Program (NEFOP) record weights of kept and discarded fish and crustacean species on observed hauls, as well as biological information (length, age, sex, and tags) from all species caught, including marine mammals and seabirds. Currently, observer coverage targets are 25% for sector vessels and 17% for common pool vessels. As of March 2013, the average observer coverage on sector vessels was estimated at 20.5% for the fishing year, with coverage of 11% for the common pool (NEFOP 2013). Observer coverage has decreased since the season; however, current levels of observer coverage are higher than in when the average was below 10% for groundfish trawl and gillnet fisheries in the Northeast (NMFS 2011b). Due to the rarity of some bycatch species, the same level of observer coverage that is sufficient for monitoring retained species may not always be sufficient for monitoring bycatch species; similarly, a given level of coverage may be sufficient for a large fishery but not for a small one. The level of observer coverage aims to ensure precision in the catch levels of each managed stock, based on a methodology set out in the SBRM. The SBRM was vacated by the courts as it contained discretions to be made that allowed observer coverage to be below that required to meet an acceptable level of precision (CV<30) based on budget reasons. The questions surrounding the observer program and the appropriate level of coverage prevent the management system form achieving the highest possible score for scientific research and monitoring. Rationale SBRM indicates that a simple percent observer coverage is not appropriate and, instead, indicates that the appropriate metric of coverage is the coefficient of variation (CV), or the ratio of the square root of the variance of the bycatch estimate (i.e., standard error) to the estimate itself. SBRM establishes a standard level of precision of CV = 0.3 (Federal Register 2008). Subfactor Management Record of Following Scientific Advice Considerations: How often (always, sometimes, rarely) do managers of the fishery follow scientific recommendations/advice (e.g., do they set catch limits at recommended levels)? A Highly Effective rating is given if managers nearly always follow scientific advice.

102 Moderately Effective See section 3.1 above. Subfactor Enforcement of Management Regulations Considerations: Is there a monitoring/enforcement system in place to ensure fishermen follow management regulations and what is the level of fishermen s compliance with regulations? To achieve a Highly Effective rating, there must be regular enforcement of regulations and verification of compliance Moderately Effective Enforcement may be somewhat weaker for bycatch species than for retained species. For instance, when a study demonstrated the effectiveness of acoustic pingers in reducing harbor porpoise bycatch (Kraus et al. 1997), a take reduction plan was subsequently implemented in the fishery, and harbor porpoise bycatch decreased from above 1500 animals per year prior to 1996 to below 500 animals per year during However, within several years of implementation, compliance decreased, and bycatch of harbor porpoises started to increase (Orphanides 2012a; Orphanides 2012b). Outreach activities increased in to remind fishers about TRP requirements, and compliance subsequently increased, so bycatch started decreasing again (NMFS 2011b), reaching a mean serious injury and annual mortality of 511 animals during (Waring et al. 2013b). However, concerns about compliance remain. Recently published data from suggests that acoustic pinger deployment rates in the Gulf of Maine were just 43%, with full compliance (accounting for functionality as well) at only 6.7% (Orphanides 2012a). Although observed deployment rates were higher in (73% for Southern New England and 80% for the Gulf of Maine), improvement is still needed. Target bycatch rates for harbor porpoises continue to be exceeded, which is believed to be due to inadequate compliance with deployment regulations as well as malfunctioning pingers (Orphanides 2012b) Highly Effective

103 See section

104 104 Criterion 4: Impacts on the Habitat and Ecosystem This Criterion assesses the impact of the fishery on seafloor habitats, and increases that base score if there are measures in place to mitigate any impacts. The fishery s overall impact on the ecosystem and food web and the use of ecosystem based fisheries management (EBFM) principles is also evaluated. EBFM aims to consider the interconnections among species and all natural and human stressors on the environment. The final score is the geometric mean of the impact of fishing gear on habitat score (plus the mitigation of gear impacts score) and the EBFM score. Region / Method United States Northwest Atlantic Large Mesh Bottom Gillnet United States Northwest Atlantic Large Mesh Bottom Trawl United States Northwest Atlantic Longline, Bottom Gear Type and Mitigation of Substrate Gear Impacts 3.00:Low 0.25:Minimal Mitigation 2.00:Moderate0.25:Minimal Mitigation 3.00:Low 0.25:Minimal Mitigation EBFM Overall Recomm. 3.00:Moderate Yellow (3.123) 3.00:Moderate Yellow (2.598) 3.00:Moderate Yellow (3.123) Justification of Ranking Factor 4.1 Impact of Fishing Gear on the Habitat/Substrate 5 (None) Fishing gear does not contact the bottom 4 (Very Low) Vertical Line Gear 3 (Low) Gears that contacts the bottom, but is not dragged along the bottom (e.g., gillnet, bottom longline, trap) and is not fished on sensitive habitats. Bottom seine on resilient mud/sand habitats. Midwater trawl that is known to contact bottom occasionally (<25% of the time) or purse seine known to commonly contact bottom 2 (Moderate) Bottom dragging gears (dredge, trawl) fished on resilient mud/sand habitats. Gillnet, trap, or bottom longline fished on sensitive boulder or coral reef habitat. Bottom seine except on mud/sand 1 (High) Hydraulic clam dredge. Dredge or trawl gear fished on moderately sensitive habitats (e.g., cobble or boulder) 0 (Very High) Dredge or trawl fished on biogenic habitat (e.g., deep sea corals, eelgrass and maerl) Note: When multiple habitat types are commonly encountered, and/or the habitat classification is uncertain, the score will be based on the most sensitive plausible habitat type 3.00 Low Gillnets are used to target cod and pollock predominantly over gravel, sand, and silt habitats in inshore areas of the Northwest Atlantic. Impacts on the seabed are expected to be limited to the impact of

105 105 anchors on the substrate and minimal amounts of scouring during setting and hauling nets Moderate Otter trawls, along with other forms of bottom trawl, are known to have a detrimental impact on some seabed habitats, particularly low energy environments and biogenic reef habitats. The majority of fishing activity for cod, haddock and pollock takes place in statistical areas , 521, 522, 525, and with smaller amounts of fish being landed from areas (figure 14). These areas contain a number of seabed types, however, the most predominant types are sand, gravel sand, and sandsilt/clay in waters less than 100 m deep; gravel habitats impacted by trawling in this region are less than 60 m deep (figure15) (NEFSC 2011b; NEFSC 2011c). These seabed types and the communities they support are generally more resilient to trawling than deepwater, biogenic reef habitats. Rationale Figure 14. Northeast Fisheries Science Center statistical areas. From Shepherd 2004.

106 106 Figure 15. Seabed types in the Gulf of Maine and Georges Bank region. Taken from Stiles et al Low Demersal longline fisheries for haddock take place over sand and gravel seabeds in the Gulf of Maine and Georges Bank region. Factor 4.2 Mitigation of Gear Impacts +1 (Strong Mitigation) Examples include large proportion of habitat protected from fishing (>50%) with gear, fishing intensity low/limited, gear specifically modified to reduce damage to seafloor and modifications shown to be effective at reducing damage, or an effective combination of moderate mitigation measures (Moderate Mitigation) 20% of habitat protected from fishing with gear or other measures in place to limit fishing effort, fishing intensity, and spatial footprint of damage caused from fishing (Low Mitigation) A few measures in place (e.g., vulnerable habitats protected but other habitats not protected; some limits on fishing effort/intensity, but not actively being reduced). 0 (No Mitigation) No effective measures are in place to limit gear impacts on habitats.

107 Minimal Mitigation The impacts of gillnets on the marine habitat are limited in part by rolling spatial closures, and by the multispecies closed areas indicated in figure 16. Rationale: Figure 16. Year round spatial closures in the Gulf of Maine and Georges Bank region which prohibit bottom trawling. From Orphanides & Magnusson Minimal Mitigation The alteration of marine habitats due to fishing gear can be reduced through the reduction of fishing effort or spatial closures that protect vulnerable habitats. There are a number of permanent and

108 108 temporary spatial closures in place in the Gulf of Maine and Georges Bank. There are 7 permanent closures in place to protect essential fish habitat (EFH) from the impacts of bottom trawling (figure 19), established under Amendment 13 of the multispecies FMP (NEFMC 2004). There are an additional 5 year round closures designated through the multispecies FMP, along with 5 rolling closures in the Gulf of Maine and a seasonal closure on Georges Bank. These closures are designed primarily to protect important spawning grounds and juvenile fish. Rationale The requirement for fisheries management plans to minimize to the extent practicable the adverse effects of fishing on essential fish habitat was set forth in the Sustainable Fisheries Act of 1996 (SFA). Amendment 11 of the multispecies FMP established EFH for the species covered by the plan and established areas where bottom tending gears were to be prohibited in order to protect the marine habitats (NEFMC & NMFS 1998). In order to mitigate against and minimize potential damage to EFH, NEFMC has implemented spatial closures (figure 19), introduced limited permit schemes, and placed restrictions on the gears that can be used when trawling (Orphanides & Magnusson 2007). In addition to the year round and rolling closures mentioned above, there are also restricted gear areas (RGAs), which provide protection from particular gear types; for example, the Inshore Restricted Roller Gear Area. Approximately 20% of the Georges Bank and Gulf of Maine seabed is protected from trawling activities through the variety of closures, although only 9.7% of the seabed is permanently protected through EFH closures (NOAA 2013b). Framework Adjustment (FA) 48 to the MSFMP provides sectors with the opportunity to request exemptions to year round fishing mortality area closures, which has raised concerns among fishing industry stakeholders and environmental groups pertaining to impacts on seabed habitat. However, the rule set forth in FA48 prevents an exemption from being made to areas that overlap with closures created to protect essential fish habitat (Federal Register 2013) Minimal Mitigation The impacts of the longline fishery on the marine habitat are limited in part by rolling spatial closures, and by the multispecies closed areas indicated in figure 19. Factor 4.3 Ecosystem Based Fisheries Management 5 (Very Low ) Substantial efforts have been made to protect species ecological roles and ensure fishing practices do not have negative ecological effects (e.g., large proportion of fishery area protected with marine reserves, abundance is maintained at sufficient levels to provide food to predators). 4 (Low ) Studies are underway to assess the ecological role of species and measures are in place to protect the ecological role of any species that plays an exceptionally large role in

109 109 the ecosystem. If hatchery supplementation or fish aggregating devices (FADs) are used, measures are in place to minimize potential negative ecological effects. 3 (Moderate ) Fishery does not catch species that play an exceptionally large role in the ecosystem, or if it does, studies are underway to determine how to protect the ecological role of these species. OR negative ecological effects from hatchery supplementation or FADs are possible and management is not place to mitigate these impacts. 2 (High ) The fishery catches species that play an exceptionally large role in the ecosystem and no efforts are being made to incorporate their ecological role into management. 1 (Very High ) The use of hatchery supplementation or FADs in the fishery is having serious negative ecological or genetic consequences. OR fishery has resulted in trophic cascades or other detrimental impacts to the food web Moderate Collectively, the Magnuson Stevens Fishery Conservation and Management Act, the National Environmental Policy Act, the Endangered Species Act, the Marine Mammal Protection Act, and the Coastal Zone Management Act require fisheries managers to take into account the impact of fishery operations on the ecosystem within which they are conducted (NEFMC SSC 2010b). In July 2010, an executive order established the first U.S. national policy on the stewardship of the oceans, coasts, and Great Lakes. One of the nine national priorities set out in this policy is the adoption of ecosystem based management (EBM) (NEFMC SSC 2010b). The NEFMC has started the process of developing and implementing Ecosystem Based Fisheries Management (EBFM). It is anticipated that the process of moving from the current management system to EBFM will take a minimum of 5 years. The current multispecies FMP has elements of EBFM within it as it already considers multiple species rather than the traditional single species fisheries management. Moving forwards, other EBFM plans will become more holistic and integrated for a given ecosystem region, for example, the Western Gulf of Maine (NEFMC SSC 2010b), with predator prey relationships, competition, habitat status and gear impacts, and protected species all considered under one plan. The development and implementation of these plans is proceeding through three phases: establish goals and objectives; identify management and scientific requirements to implement EBFM in the region; and implement EBFM using quota based management in all ecosystem production units.

110 110 Acknowledgements Scientific review does not constitute an endorsement of the Seafood Watch program, or its seafood recommendations, on the part of the reviewing scientists. Seafood Watch is solely responsible for the conclusions reached in this report. Seafood Watch would like to thank Chris Glass of the University of New Hampshire and three anonymous reviewers for graciously reviewing this report for scientific accuracy.

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118 118 Review Schedule White hake stocks are projected to be rebuilt to 100% of BMSY by 2014, although there are some concerns that these projections may be optimistic. Seafood Watch will review the status of the stock when the new benchmark assessment is released and update this report as needed.

119 119 Appendix A: Figure A1: New England Harbor Porpoise Take Reduction Plan (HPTRP) Management Areas for Gillnet Gear. From NMFS 1998.

120 120 Figure A2: Harbor Porpoise Take Reduction Plan (HPTRP) Consequence Areas. From NMFS 2010c.