Cod, Haddock and Pollock

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1 Cod, Haddock and Pollock Gadus morhua, Melanogrammus aeglefinus, Pollachius virens Scandinavian Fishing Yearbook / United States of America/Northwest Atlantic Bottom trawls, Handlines and hand-operated pole-and-lines, Set gillnets, Set longlines October (Updated June ) Seafood Watch Consulting Researcher Disclaimer Seafood Watch strives to have all Seafood Reports reviewed for accuracy and completeness by external scientists with expertise in ecology, fisheries science and 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. Seafood Watch Standard used in this assessment: Standard for Fisheries vf2

2 Table of Contents About Seafood Watch Guiding Principles Summary Final Seafood Recommendations Introduction Assessment Criterion 1: Impacts on the species under assessment Criterion 2: Impacts on other species Criterion 3: Management ness Criterion 4: Impacts on the habitat and ecosystem Acknowledgements References Appendix A: Extra By Catch Species

3 About Seafood Watch Monterey Bay Aquarium s Seafood Watch program evaluates the ecological sustainability of wild-caught and farmed seafood commonly found in the United States marketplace. Seafood Watch defines sustainable seafood as originating from sources, whether wild-caught or farmed, which can maintain or increase production in the long-term without jeopardizing the structure or function of affected ecosystems. Seafood Watch makes its science-based recommendations available to the public in the form of regional pocket guides that can be downloaded from The program s goals are to raise awareness of important ocean conservation issues and empower seafood consumers and businesses to make choices for healthy oceans. Each sustainability recommendation on the regional pocket guides is supported by a Seafood Report. Each report synthesizes and analyzes the most current ecological, fisheries and ecosystem science on a species, then evaluates this information against the program s conservation ethic to arrive at a recommendation of Best Choices, Good Alternatives or Avoid. The detailed evaluation methodology is available upon request. In producing the Seafood Reports, Seafood Watch seeks out research published in academic, peer-reviewed journals whenever possible. Other sources of information include government technical publications, fishery management plans and supporting documents, and other scientific reviews of ecological sustainability. Seafood Watch Research Analysts also communicate regularly with ecologists, fisheries and aquaculture scientists, and members of industry and conservation organizations when evaluating fisheries and aquaculture practices. Capture fisheries and aquaculture practices are highly dynamic; as the scientific information on each species changes, Seafood Watch s sustainability recommendations and the underlying Seafood Reports will be updated to reflect these changes. Parties interested in capture fisheries, aquaculture practices and the sustainability of ocean ecosystems are welcome to use Seafood Reports in any way they find useful. For more information about Seafood Watch and Seafood Reports, please contact the Seafood Watch program at Monterey Bay Aquarium by calling

4 Guiding Principles Seafood Watch defines sustainable seafood as originating from sources, whether fished 1 or farmed, that can maintain or increase production in the long-term without jeopardizing the structure or function of affected ecosystems. Based on this principle, Seafood Watch had developed four sustainability criteria for evaluating wildcatch fisheries for consumers and businesses. These criteria are: How does fishing affect the species under assessment? How does the fishing affect other, target and non-target species? How effective is the fishery s management? How does the fishing affect habitats and the stability of the ecosystem? Each criterion includes: Factors to evaluate and score Guidelines for integrating these factors to produce a numerical score and rating Once a rating has been assigned to each criterion, we develop an overall recommendation. Criteria ratings and the overall recommendation are color-coded to correspond to the categories on the Seafood Watch pocket guide and online guide: Best Choice/: Are well managed and caught in ways that cause little harm to habitats or other wildlife. Good Alternative/: Buy, but be aware there are concerns with how they re caught. Avoid/Red Take a pass on these for now. These items are overfished or caught in ways that harm other marine life or the environment. 1 Fish is used throughout this document to refer to finfish, shellfish and other invertebrates 4

5 Summary The following Seafood Watch report provides recommendations for Atlantic cod (Gadus morhua), haddock (Melanogrammus aeglefinus), and pollock (Pollachius virens) caught in the Northwest Atlantic by U.S fishing vessels. The three species inhabit similar habitats, have similar natural ranges, and are caught in mixed fisheries using a variety of methods including bottom trawls, sink gillnets, bottom longlines, and rod and line that will be covered by this report. The fisheries that capture cod, haddock, and pollock in the Northwest Atlantic are managed by the New England Fisheries Management Council (NEFMC) under the Multispecies Fishery Management Plan. Cod, haddock, and pollock have a high inherent vulnerability to fishing pressure. There are two separate stocks of cod and haddock in the U.S. Northwest Atlantic: Georges Bank and the Gulf of Maine. Cod abundances on Georges Bank and in the Gulf of Maine are in an overfished state and of high conservation concern. Fishing pressure on both stocks by all fishing gears is too high. Haddock stocks are healthier and have fully rebuilt on Georges Bank and in the Gulf of Maine. Georges Bank haddock is fished at a sustainable level, and fishing pressure in the Gulf of Maine has reduced to sustainable levels. Pollock abundance in the Northwest Atlantic is healthy and is being fished at a sustainable level. The handline fisheries in the Northwest Atlantic are relatively selective, with no species of concern caught other than the target species (typically cod). Bottom trawl fisheries in the Northwest Atlantic catch a variety of species, including commercially important fish and marine mammals. Of greatest concern in the bottom trawl fisheries for cod, haddock, and pollock is the bycatch of yellowtail flounder, which is overfished and experiencing overfishing on Georges Bank and in the Gulf of Maine. Bottom gillnet fisheries catch a variety of species, including a number of marine mammals; of greatest concern is the North Atlantic right whale, which is listed as "Endangered" by the International Union for the Conservation of Nature (IUCN) and is being negatively affected by fishing activities in the region. Bottom longline fisheries are relatively selective compared to the trawl and gillnet fisheries, but there is still a high level of concern regarding bycatch of skate species. Bottom trawls have a discard rate of 48% in the region, with gillnets and longlines each having a discard rate of 28%, and handline having a discard rate of 8% (most of which is undersized cod). The NEFMC manages the groundfish fishery through a collective Fishery Management Plan (FMP) that 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. Because of the historical exploitation that the stocks have been exposed to, a number of stocks are depleted or in a state of rebuilding. NEFMC has recently introduced a new management system that should improve the rate of recovery of stocks. There is a considerable effort to collect data in these fisheries through logbooks and observer coverage; the data (along with fisheryindependent data) guide stock assessments. NEFMC take into account the scientific information provided by stock assessments on the majority of occasions; however, in some instances, total allowable catches (TACs) have been set too high in response to social and economic need. There are a number of regulations in place that require fisheries managers to reduce the impacts of fishing activities on nontarget populations. Reporting of bycatch creates an incentive for 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, but enforcement of regulations concerning the use of pingers in gillnet fisheries could be improved. The majority of the groundfish fishery takes place in water less than 100 m deep over sand and sand-silt habitats; gravel habitats affected by the fishery occur in waters less than 60 m deep. Habitat impacts are a moderate conservation concern for bottom trawl fisheries, a low conservation concern for bottom gillnet and bottom longline fisheries, and a very low concern for handline fisheries. There is a minimal level of mitigation measures in place in the form of a number of permanent closed areas to protect essential fish habitat from bottom trawls, and in other temporary and permanent closures that offer some protection from all gears (but 5

6 these are not designated specifically for habitat protection and may not protect the most vulnerable of habitats). Ecosystem-based management is currently being developed for the groundfish fishery in the Northwest Atlantic and this process is expected to take a minimum of 5 years. Management of the ecosystem in this region is a moderate conservation concern. 6

7 Final Seafood Recommendations SPECIES/FISHERY CRITERION 1: IMPACTS ON THE SPECIES CRITERION 2: IMPACTS ON OTHER SPECIES CRITERION 3: MANAGEMENT EFFECTIVENESS CRITERION 4: HABITAT AND ECOSYSTEM OVERALL RECOMMENDATION Atlantic cod United States of America Northw est Atlantic, Bottom traw ls, United States of America, Georges Bank Red (1.41) Red (1.27) (3.00) (2.60) Avoid (1.93) Atlantic cod United States of America Northw est Atlantic, Handlines and hand-operated pole-and-lines, United States of America, Georges Bank Red (1.41) (4.28) (3.00) (3.57) Good Alternative (2.84) Atlantic cod United States of America Northw est Atlantic, Set gillnets, United States of America, Georges Bank Atlantic cod United States of America Northw est Atlantic, Set longlines, United States of America, Georges Bank Atlantic cod United States of America Northw est Atlantic, Bottom traw ls, United States of America, Gulf of Maine Red (1.41) Red (0.95) (3.00) (3.12) Red (1.41) Red (1.45) (3.00) (3.12) Red (1.41) Red (1.27) (3.00) (2.60) Avoid (1.88) (2.09) Avoid (1.93) Atlantic cod United States of America Northw est Atlantic, Handlines and hand-operated pole-and-lines, United States of America, Gulf of Maine Red (1.41) (3.83) (3.00) (3.57) Good Alternative (2.76) Atlantic cod United States of America Northw est Atlantic, Set gillnets, United States of America, Gulf of Maine Red (1.41) Red (0.95) (3.00) (3.12) Avoid (1.88) 7

8 Atlantic cod United States of America Northw est Atlantic, Set longlines, United States of America, Gulf of Maine Red (1.41) Red (1.45) (3.00) (3.12) (2.09) Pollock United States of America Northw est Atlantic, Bottom traw ls, United States of America, Georges Bank (4.28) Red (1.27) (3.00) (2.60) Good Alternative (2.55) Pollock United States of America Northw est Atlantic, Set gillnets, United States of America, Georges Bank (4.28) Red (0.95) (3.00) (3.12) Good Alternative (2.48) Pollock United States of America Northw est Atlantic, Bottom traw ls, United States of America, Gulf of Maine (4.28) Red (1.27) (3.00) (2.60) Good Alternative (2.55) Pollock United States of America Northw est Atlantic, Set gillnets, United States of America, Gulf of Maine (4.28) Red (0.95) (3.00) (3.12) Good Alternative (2.48) Haddock United States of America Northw est Atlantic, Bottom traw ls, United States of America, Georges Bank (5.00) Red (1.27) (3.00) (2.60) Good Alternative (2.65) Haddock United States of America Northw est Atlantic, Handlines and hand-operated pole-and-lines, United States of America, Georges Bank (5.00) Red (1.41) (3.00) (3.57) Good Alternative (2.95) Haddock United States of America Northw est Atlantic, Set longlines, United States of America, Georges Bank (5.00) Red (1.34) (3.00) (3.12) (2.82) 8

9 Haddock United States of America Northw est Atlantic, Bottom traw ls, United States of America, Gulf of Maine (3.83) Red (1.27) (3.00) (2.60) Good Alternative (2.48) Haddock United States of America Northw est Atlantic, Handlines and hand-operated pole-and-lines, United States of America, Gulf of Maine (3.83) Red (1.41) (3.00) (3.57) Good Alternative (2.76) Haddock United States of America Northw est Atlantic, Set longlines, United States of America, Gulf of Maine (3.83) Red (1.34) (3.00) (3.12) (2.63) Pollock United States of America Northw est Atlantic, Handlines and hand-operated pole-and-lines, United States of America, Georges Bank Pollock United States of America Northw est Atlantic, Handlines and hand-operated pole-and-lines, United States of America, Gulf of Maine (4.28) (4.28) Red (1.41) (3.00) (3.57) Good Alternative (2.84) Red (1.41) (3.00) (3.57) Good Alternative (2.84) Summary Handline fisheries for cod, haddock and pollock from Georges Bank and the Gulf of Maine are considered a GOOD ALTERNATIVE, due in part to the selective nature of the fishing gear. Haddock and pollock caught in the Georges Bank and Gulf of Maine regions with all gears are considered a GOOD ALTERNATIVE as stocks are healthy but there are moderate to high concerns over bycatch of other species. Cod caught from Georges Bank and the Gulf of Maine using bottom trawls, bottom gillnets, and bottom longlines receive an AVOID recommendation due to concerns of the target stock and bycatch species. Eco-Certification Information The US Acadian redfish, haddock and pollock otter trawl fishery was certified as sustainable by the Marine 9

10 Stewardship Council in July Scoring Guide 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 >3.2, and no Red Criteria, and no Critical scores Good Alternative/ = Final score > , and neither Harvest Strategy (Factor 3.1) nor Bycatch Management Strategy (Factor 3.2) are Very High 2, and no more than one Red Criterion, and no Critical scores Avoid/Red = Final Score 2.2, or either Harvest Strategy (Factor 3.1) or Bycatch Management Strategy (Factor 3.2) is Very High or two or more Red Criteria, or one or more Critical scores. 2 Because effective management is an essential component of sustainable fisheries, Seafood Watch issues an Avoid recommendation for any fishery scored as a Very High for either factor under Management (Criterion 3). 10

11 Introduction Scope of the analysis and ensuing recommendation The following Seafood Watch report provides recommendations for Atlantic cod (Gadus morhua), haddock (Melanogrammus aeglefinus), and pollock (Pollachius virens) caught in the Northwest Atlantic by U.S fishing vessels. The three species are caught in mixed fisheries using a variety of methods including bottom trawls, sink gillnets, bottom longlines, and rod and line that will be covered by this report. Species Overview Atlantic cod is widely distributed throughout the North Atlantic and the Arctic Oceans. In the Northwest Atlantic, it can be found from Cape Hatteras, North Carolina to land. It is found to depths of 600 m, although typically it inhabits depths of less than 200 m (Froese & Pauly 2012). Atlantic cod is an extremely important commercial species that has been targeted throughout its range for many years, making it culturally and socially significant. Haddock is found in both the Northwest and Northeast Atlantic in water temperatures between 4 C and 10 C. In the Northwest Atlantic, it is found between Cape May, New Jersey and the Strait of Belle Isle, Newfoundland. Typically found at depths between 10 m and 200 m, it is demersal, living above rocky, sand, gravel, or shellbased seabeds and feeding on crustaceans, echinoderms, mollusks, worms, and fish (Froese & Pauly 2012). Pollock is closely related to both cod and haddock and is part of the Gadoid family of fish. It is found throughout a range similar to both cod and haddock: throughout the coastal and continental shelf region of the North Atlantic. In the Northwest Atlantic, it ranges from land to North Carolina, in both inshore and offshore areas, typically forming shoals (Froese & Pauly 2012). The groundfish fishery in New England has been in existence for 400 years and provided the first major industry for early settlers in this region, with a number of associated businesses arising to support the fishing industry. Thus the groundfish fishery of New England is of great social and economic importance to the local communities. Over the centuries, capture methods have changed dramatically with improvements in technology and efficiency of the fishery. As a result of the increased efficiency, overfishing occurred, resulting in the depletion of many of the Northwest Atlantic groundfish stocks. s with overfishing were raised in the early 1900s, and in the 1930s the overcapacity of the industry became evident (NEFSC website). The introduction of factory trawlers in the 1960s from overseas (including the USSR, Poland, Spain, and Japan) led to the virtual collapse of stocks of groundfish, some of which have yet to recover after continued fishing pressure through the 1980s and 1990s. In recent years, fishers have been using more selective fishing gears, particularly in the trawl fishery, where separator trawls and Ruhle trawls have been developed and adopted to reduce bycatch and discarding of nontarget and/or low abundance species. Because of quota restrictions on low abundance species, fishers have also started to target more abundant species and stocks, such as haddock and redfish. The U.S. fisheries that target the above species are managed by the New England Fisheries Management Council (NEFMC) under the Northeast Multispecies Fishery Management Plan (NE Multispecies FMP; "the plan"), which was enacted in Since its inception, it has been amended several times to account for changes in fishing activity and abundance of the 20 stocks (13 different species) managed under the plan (NEFSC 2012a). Production Statistics Cod, haddock, and pollock are all globally important commercial species. In 2010, cod was the 10th-most landed species by volume, with a total of 950,950 MT. Global landings of pollock (ranked 26th) and haddock (27th) were 400,920 MT and 396,389 MT, respectively (FAO 2012). 11

12 Landings of all three species from U.S. waters are currently below the 50-year average, although pollock landings are approaching this value. Figure 1 shows the trends in landings for the four species from U.S. vessels from 1950 to Landings for cod, haddock, and pollock have been fluctuating between 3,000 MT and 10,000 MT since For cod, this represents the historical low, whereas pollock and haddock landings have increased from historical lows in the mid-1990s. Figure 1 Figure 1: Landings of Atlantic cod, haddock, and pollock from U.S vessels between 1950 and Compiled from NMFS landings data, with landings shown in metric tons. Importance to the US/North American market. All three species of groundfish considered in this report are imported into the U.S. In 2010, 17,570 MT of Atlantic cod (with a value of $97.2 million), 34,636 MT of haddock ($151.1 million), and 5,432 MT of pollock ($1.3 million) were imported into the U.S. Figure 2 shows the sources of the imports, and it is clear that the main countries of importance are Canada, Iceland, and China, with Norway being an important source of haddock. It should be noted that imports from China are likely caught in other countries (including the U.S.) and sent to China for processing before being imported to the U.S. markets. There is confusion over the original source of cod from China, and there are concerns over the volume of Illegal, Unregulated, and Unreported landings (IUU) fish entering Chinese (and other Asian) processors (Album 2010). Export data are harder to analyze because they are generally grouped into similar species; e.g., both Atlantic and Pacific cod are grouped together. Data from the NOAA Office of Science and Technology (website) show that, in 2010, a total of 692 MT of haddock and 726 MT of pollock were exported from the U.S., with values of $3 million and $1.3 million, respectively. It is interesting to notice that the value of pollock imports is equal to the value of exports, whereas imports of cod and haddock are much higher than exports illustrating the 12

13 importance of these latter species to U.S. consumers. Figure 2 Source of imports for Atlantic cod into the U.S in From data obtained from NOAA Office of Science and Technology. NOTE: Only data which was species specific was included in this comparison, unknown or unspecified species were not included. 13

14 Figure 3 Source of imports for haddock into the U.S in From data obtained from NOAA Office of Science and Technology. NOTE: Only data which was species specific was included in this comparison, unknown or unspecified species were not included. 14

15 Figure 4 Source of imports for pollock into the U.S in From data obtained from NOAA Office of Science and Technology. NOTE: Only data which was species specific was included in this comparison, unknown or unspecified species were not included. Common and market names. Atlantic cod is generally labeled simply as cod, but is also known as true-cod, and smaller cod is referred to as scrod. Haddock is marketed as haddock, and smaller haddock is also known as scrod. Pollock is the only known common name in use in the United States; however, this species is referred to as saithe or coley in Europe, where a closely related species, Pollachius pollachius, is given the name pollack. This species should not be confused with walleye (Alaskan) pollock, which is caught in the Pacific. All the species considered in this report can be found under the name whitefish, a generic term used for firm, white-fleshed fish. Primary product forms Cod, haddock, and pollock from the New England region are primarily available fresh in the form of whole fish and fillets. Other forms of cod, haddock, and pollock that may be available on the market include frozen fillets, breaded/battered, smoked, salted, or block (typically used for fish sticks, etc.). 15

16 Assessment This section assesses the sustainability of the fishery(s) relative to the Seafood Watch Criteria for Fisheries, available at Criterion 1: Impacts on the species under assessment 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. The Criterion 1 rating is determined as follows: Score >3.2= or Low Score >2.2 and 3.2= or Moderate Score 2.2=Red or High Rating is Critical if Factor 1.3 (Fishing Mortality) is Critical Criterion 1 Summary ATLANTIC COD Region Method United States of America/Northwest Atlantic Bottom trawls United States of America Georges Bank United States of America/Northwest Atlantic Handlines and hand-operated pole-andlines United States of America Georges Bank United States of America/Northwest Atlantic Set gillnets United States of America Georges Bank United States of America/Northwest Atlantic Set longlines United States of America Georges Bank Inherent Vulnerability Abundance Fishing Mortality Score 1.00: High 2.00: High 1.00: High Red (1.41) 1.00: High 2.00: High 1.00: High Red (1.41) 1.00: High 2.00: High 1.00: High Red (1.41) 1.00: High 2.00: High 1.00: High Red (1.41) 16

17 United States of America/Northwest Atlantic Bottom trawls United States of America Gulf of Maine United States of America/Northwest Atlantic Handlines and hand-operated pole-andlines United States of America Gulf of Maine United States of America/Northwest Atlantic Set gillnets United States of America Gulf of Maine United States of America/Northwest Atlantic Set longlines United States of America Gulf of Maine 1.00: High 2.00: High 1.00: High Red (1.41) 1.00: High 2.00: High 1.00: High Red (1.41) 1.00: High 2.00: High 1.00: High Red (1.41) 1.00: High 2.00: High 1.00: High Red (1.41) HADDOCK Region Method United States of America/Northwest Atlantic Bottom trawls United States of America Georges Bank United States of America/Northwest Atlantic Handlines and hand-operated pole-andlines United States of America Georges Bank United States of America/Northwest Atlantic Set longlines United States of America Georges Bank Inherent Vulnerability Abundance Fishing Mortality Score 2.00: Medium 5.00: Very Low 2.00: Medium 5.00: Very Low 2.00: Medium 5.00: Very Low 5.00: Very Low 5.00: Very Low 5.00: Very Low (5.00) (5.00) (5.00) 17

18 United States of America/Northwest Atlantic Bottom trawls United States of America Gulf of Maine United States of America/Northwest Atlantic Handlines and hand-operated pole-andlines United States of America Gulf of Maine United States of America/Northwest Atlantic Set longlines United States of America Gulf of Maine 2.00: Medium 4.00: Low 3.67: Low (3.83) 2.00: Medium 4.00: Low 3.67: Low (3.83) 2.00: Medium 4.00: Low 3.67: Low (3.83) POLLOCK Region Method United States of America/Northwest Atlantic Bottom trawls United States of America Georges Bank United States of America/Northwest Atlantic Set gillnets United States of America Georges Bank United States of America/Northwest Atlantic Bottom trawls United States of America Gulf of Maine United States of America/Northwest Atlantic Set gillnets United States of America Gulf of Maine Inherent Vulnerability Abundance Fishing Mortality Score 1.00: High 5.00: Very Low 1.00: High 5.00: Very Low 1.00: High 5.00: Very Low 1.00: High 5.00: Very Low 3.67: Low (4.28) 3.67: Low (4.28) 3.67: Low (4.28) 3.67: Low (4.28) 18

19 United States of America/Northwest Atlantic Handlines and hand-operated pole-andlines United States of America Georges Bank United States of America/Northwest Atlantic Handlines and hand-operated pole-andlines United States of America Gulf of Maine 1.00: High 5.00: Very Low 1.00: High 5.00: Very Low 3.67: Low (4.28) 3.67: Low (4.28) Criterion 1 Assessment SCORING GUIDELINES Factor Inherent Vulnerability Low The FishBase vulnerability score for species is 0-35, OR species exhibits life history characteristics that make it resilient to fishing, (e.g., early maturing). Medium The FishBase vulnerability score for species is 36-55, OR species exhibits life history characteristics that make it neither particularly vulnerable nor 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 The FishBase vulnerability score for species is , OR species exhibits 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, 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 Abundance 5 (Very Low ) Strong evidence exists that the 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 the 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 the species has a high inherent vulnerability to fishing. 1 (Very High ) Population is listed as threatened or endangered. Factor Fishing Mortality 5 (Very Low ) Highly likely that fishing mortality is below a sustainable level (e.g., below fishing 19

20 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) (Low ) Probable (>50%) chance that fishing mortality is at or below a sustainable level, but some uncertainty exists, 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) (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. ATLANTIC COD Factor Inherent Vulnerability UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF High The FishBase vulnerability score for Atlantic cod is 65 (Froese & Pauly 2012). Factor Abundance UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, 20

21 High The Georges Bank cod population had an estimated spawning stock biomass (SSB) of 13,216 MT (following retrospective pattern adjustment), which is only 7% of that maximum sustainable yield, SSB MSY (186,535 MT) (NEFSC 2013a). This results in a score of "high" concern. Biomass declined from 96,864 MT in 1980 to 19,220 MT in 1995 (Figure 4). After a brief increase in the late 1990s that peaked at 25,624 MT in 2001, biomass declined to a historic low of 10,121 MT 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 (13.6 million fish) for the last two decades and has not exceeded the long-term mean since 1991 (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 5 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 GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF 21

22 High The Gulf of Maine cod population is estimated to be below the threshold spawning stock biomass, SSB THRESHOLD (NEFSC 2013a). This results in a score of "high" concern. 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 9,903 MT, compared to a SSBTHRESHOLD of 27,372 MT; the M RAMP model estimated a SSB 2011 of 10,221 MT, compared to a SSB THRESHOLD of 40,100 MT (NEFSC 2013a). Both models show that the biomass is well below threshold targets (Figure 3) and remains in an overfished state. Recruitment has declined in recent years and in both models is at a historical low (NEFSC 2013a). Figure 6 Figure 3: Estimated trends in spawning stock biomass of Gulf of Maine Atlantic cod between 1982 and 2011 as predicted by M 0.2 and M RAMP models. Threshold targets, SSB THRESHOLD, (1/2 SSB ) are shown for each model. From NEFSC MSY 22

23 Factor Fishing Mortality UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, High Overfishing is occurring in the Georges Bank cod fisheries: total fishing mortality in 2011 was 0.43, compared to an F of 0.18 (NEFSC 2013a). This results in a score of "high" concern. MSY The Georges Bank cod fisheries have failed to meet the FREBUILD target set at 0.18 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 MSY PROXY was exceeded in 2010 and 2011, suggesting that quotas are too high. Cod is caught using large mesh otter trawls, large mesh gillnets, longline, and rod and reel, with each method contributing 55%, 36%, 3%, and 2% to landing volumes, respectively. Because cod is a target species in each of these fisheries, all methods are considered to be contributing toward the overfishing. GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF High There is overfishing occurring on the Gulf of Maine stock of Atlantic cod, because F 2011 was above FMSY PROXY (NEFSC 2013a). This results in a score of "high" concern. Fishing mortality was estimated to be 0.86 or 0.90 by the M 0.2 and M RAMP models, respectively. Although this represents a decline from historical highs in the mid-1990s, it is still 4.7 or 5.0 times higher than the FMSY predicted by each model (NEFSC 2013a). PROXY 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 Gulf of Maine 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 MSY PROXY was exceeded in 2010 and 2011, which suggests that quotas are too high. Cod is caught using large mesh otter trawls, large mesh gillnets, longline, and rod and reel, with each method contributing 55%, 36%, 3%, and 2% to landing volumes, respectively. Because cod is a target species in each of these fisheries, all methods are considered to be contributing toward the overfishing. 23

24 HADDOCK Factor Inherent Vulnerability UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF Medium Fishbase provides a vulnerability score of 47 for haddock (Froese & Pauly 2016). Factor Abundance UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, Very Low The 2010 spawning stock biomass, SSB 2010, for Georges Bank haddock was estimated to be 167,278 MT, which is above that maximum sustainable yield, SSB MSY, of 124,900 MT (NEFSC 2012a). We have awarded a score of "very low" concern. Spawning stock biomass peaked in 2007 at over 250,000 MT 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 from 147,700 MT to 240,200 MT (NEFSC 2012a). One of the major factors in this projected increase is the strong 2010 year-class recruiting to the fishery, which was 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. 24

25 Figure 7 Figure 5: Spawning stock biomass of Georges Bank haddock between 1930 and Taken from NEFSC 2012a. GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF Low The spawning stock biomass of haddock in the Gulf of Maine in 2013, SSB 2013, was 4,153 MT, which is 101% of the SSB proxy of 4,108 MT (NEFSC 2014). This results in a score of "low" concern. MSY 25

26 Factor Fishing Mortality UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, Very Low The Georges Bank haddock population is considered to be rebuilt and is being fished below the F 0.39, at a level of 0.24 (NEFSC 2012a). We have awarded a score of "very low" concern. MSY proxy of Haddock is caught using rod and reel, large mesh otter trawls, and bottom longlines, which contribute 1%, 89%, and 8%, respectively, to landing volumes. GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF Low The Gulf of Maine haddock stock is not experiencing overfishing because F was 0.39, compared to an F proxy of 0.46 (NEFSC 2014). Fishing mortality is rated as a "low" concern because fishing mortality is below F. MSY 2013 MSY POLLOCK Factor Inherent Vulnerability GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF High FishBase provides a vulnerability score of 61 for pollock (Froese & Pauly 2012). 26

27 Factor Abundance GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Very Low The latest stock assessment for pollock in the Northwest Atlantic was conducted using 2009 data. That year's spawning stock biomass (SSB 2009) was estimated to be 196,000 MT, which is above that maximum sustainable yield (SSB ) of 91,000 MT (NEFSC 2010). We have awarded a score of "very low" concern. MSY Factor Fishing Mortality GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Low The most recent estimate of fishing mortality on the pollock stock was F 2009 = 0.07, which is 28% of the FMSY of 0.25 (NEFSC 2012b). There may be some uncertainty in this estimate: without further understanding of the size-based selectivity of fishing gears, the current stock model implies the existence of a large biomass of pollock, accounting for 35% 70% of the total, which neither current surveys nor the fishery has been able to confirm (NEFSC 2010). This results in a score of "low" concern. Pollock is caught using large mesh otter trawls and large mesh gillnets, with each gear contributing 56% and 39%, respectively, to landing volumes. 27

28 Criterion 2: Impacts on other species All main retained and 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 to species 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. The Criterion 2 rating is determined as follows: Score >3.2= or Low Score >2.2 and 3.2= or Moderate Score 2.2=Red or High Rating is Critical if Factor 2.3 (Fishing Mortality) is Crtitical Criterion 2 Summary Only the lowest scoring main species is/are listed in the table and text in this Criterion 2 section; a full list and assessment of the main species can be found in Appendix A. ATLANTIC COD - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - BOTTOM TRAWLS - UNITED STATES OF AMERICA - Subscore: 1.41 Discard Rate: 0.90 C2 Rate: 1.27 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Witch flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) Winter flounder / Georges Bank 3.00:Low 2.00:High 1.00:High Red (1.41) tail flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Red (1.53) Summer flounder 2.00:Medium 4.00:Low 1.00:High Red (2.00) Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Ocean pout 1.00:High 2.00:High 2.33:Moderate Red (2.16) Red (2.16) Long-finned pilot whale 1.00:High 2.00:High 3.67:Low (2.71) Atlantic white-sided dolphin 1.00:High 2.00:High 3.67:Low (2.71) 28

29 Winter skate 1.00:High 4.00:Low 2.33:Moderate Gray seal 1.00:High 2.00:High 5.00:Very Low Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 5.00:Very Low Harbor seal 1.00:High 2.00:High 5.00:Very Low Harp seal 1.00:High 2.00:High 5.00:Very Low Minke whale 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin 1.00:High 2.00:High 5.00:Very Low (3.05) (3.16) (3.16) (3.16) (3.16) (3.16) (3.16) Goosefish 1.00:High 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) White hake 1.00:High 4.00:Low 3.67:Low (3.83) Pollock 1.00:High 5.00:Very Low Clearnose skate 1.00:High 5.00:Very Low Little skate 2.00:Medium 5.00:Very Low 3.67:Low 3.67:Low 3.67:Low American plaice 1.00:High 4.00:Low 5.00:Very Low Haddock 2.00:Medium 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 5.00:Very Low 5.00:Very Low 5.00:Very Low (4.28) (4.28) (4.28) (4.47) (5.00) (5.00) (5.00) 29

30 ATLANTIC COD - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - BOTTOM TRAWLS - UNITED STATES OF AMERICA - GULF Subscore: 1.41 Discard Rate: 0.90 C2 Rate: 1.27 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Witch flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) tail flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Red (1.53) Summer flounder 2.00:Medium 4.00:Low 1.00:High Red (2.00) Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Ocean pout 1.00:High 2.00:High 2.33:Moderate Red (2.16) Red (2.16) Long-finned pilot whale 1.00:High 2.00:High 3.67:Low (2.71) Atlantic white-sided dolphin 1.00:High 2.00:High 3.67:Low (2.71) Winter skate 1.00:High 4.00:Low 2.33:Moderate Gray seal 1.00:High 2.00:High 5.00:Very Low Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 5.00:Very Low Harbor seal 1.00:High 2.00:High 5.00:Very Low Harp seal 1.00:High 2.00:High 5.00:Very Low Minke whale 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin Winter flounder / Gulf of Maine 1.00:High 2.00:High 5.00:Very Low 3.00:Low 3.00:Moderate 3.67:Low (3.05) (3.16) (3.16) (3.16) (3.16) (3.16) (3.16) (3.32) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Haddock 2.00:Medium 4.00:Low 3.67:Low (3.83) 30

31 Goosefish 1.00:High 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) White hake 1.00:High 4.00:Low 3.67:Low (3.83) Pollock 1.00:High 5.00:Very Low Clearnose skate 1.00:High 5.00:Very Low Little skate 2.00:Medium 5.00:Very Low 3.67:Low 3.67:Low 3.67:Low American plaice 1.00:High 4.00:Low 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 5.00:Very Low 5.00:Very Low (4.28) (4.28) (4.28) (4.47) (5.00) (5.00) ATLANTIC COD - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - HANDLINES AND HAND-OPERATED POLE-AND-LINES - UNITED STATES OF AMERICA - Subscore: 4.28 Discard Rate: 1.00 C2 Rate: 4.28 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Pollock 1.00:High 5.00:Very Low Haddock 2.00:Medium 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 3.67:Low 5.00:Very Low 5.00:Very Low 5.00:Very Low (4.28) (5.00) (5.00) (5.00) 31

32 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Haddock 2.00:Medium 4.00:Low 3.67:Low (3.83) Pollock 1.00:High 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 3.67:Low 5.00:Very Low 5.00:Very Low (4.28) (5.00) (5.00) ATLANTIC COD - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - SET GILLNETS - UNITED STATES OF AMERICA - Subscore: 1.00 Discard Rate: 0.95 C2 Rate: 0.95 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Humpback whale 1.00:High 1.00:Very High North Atlantic right whale 1.00:High 1.00:Very High Thorny skate 1.00:High 1.00:Very High Fin whale 1.00:High 1.00:Very High 1.00:High Red (1.00) 1.00:High Red (1.00) 2.33:Moderate Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 2.33:Moderate Red (1.53) 3.67:Low Red (1.92) Red (2.16) Red (2.16) Harbor seal 1.00:High 2.00:High 3.67:Low (2.71) Winter skate 1.00:High 4.00:Low 2.33:Moderate Atlantic white-sided dolphin 1.00:High 2.00:High 5.00:Very Low Bottlenose dolphin 1.00:High 2.00:High 5.00:Very Low Gray seal 1.00:High 2.00:High 5.00:Very Low Harp seal 1.00:High 2.00:High 5.00:Very Low (3.05) (3.16) (3.16) (3.16) (3.16) 32

33 ATLANTIC COD - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - HANDLINES AND HAND-OPERATED POLE-AND-LINES - UNITED STATES OF AMERICA - GULF Subscore: 3.83 Discard Rate: 1.00 C2 Rate: 3.83 Hooded seal 1.00:High 2.00:High 5.00:Very Low Risso's dolphin 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin 1.00:High 2.00:High 5.00:Very Low (3.16) (3.16) (3.16) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Pollock 1.00:High 5.00:Very Low Clearnose skate 1.00:High 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 3.67:Low 3.67:Low 5.00:Very Low 5.00:Very Low (4.28) (4.28) (5.00) (5.00) ATLANTIC COD - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - SET GILLNETS - UNITED STATES OF AMERICA - GULF Subscore: 1.00 Discard Rate: 0.95 C2 Rate: 0.95 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Humpback whale 1.00:High 1.00:Very High North Atlantic right whale 1.00:High 1.00:Very High Thorny skate 1.00:High 1.00:Very High Fin whale 1.00:High 1.00:Very High 1.00:High Red (1.00) 1.00:High Red (1.00) 2.33:Moderate Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 2.33:Moderate Red (1.53) 3.67:Low Red (1.92) Red (2.16) Red (2.16) 33

34 Harbor seal 1.00:High 2.00:High 3.67:Low (2.71) Winter skate 1.00:High 4.00:Low 2.33:Moderate Atlantic white-sided dolphin 1.00:High 2.00:High 5.00:Very Low Bottlenose dolphin 1.00:High 2.00:High 5.00:Very Low Gray seal 1.00:High 2.00:High 5.00:Very Low Harp seal 1.00:High 2.00:High 5.00:Very Low Hooded seal 1.00:High 2.00:High 5.00:Very Low Risso's dolphin 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin 1.00:High 2.00:High 5.00:Very Low (3.05) (3.16) (3.16) (3.16) (3.16) (3.16) (3.16) (3.16) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Pollock 1.00:High 5.00:Very Low Clearnose skate 1.00:High 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 3.67:Low 3.67:Low 5.00:Very Low 5.00:Very Low (4.28) (4.28) (5.00) (5.00) 34

35 ATLANTIC COD - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - SET LONGLINES - UNITED STATES OF AMERICA - Subscore: 1.53 Discard Rate: 0.95 C2 Rate: 1.45 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Winter skate 1.00:High 4.00:Low 2.33:Moderate Red (1.53) (3.05) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Clearnose skate 1.00:High 5.00:Very Low Little skate 2.00:Medium 5.00:Very Low Haddock 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 3.67:Low 3.67:Low 5.00:Very Low 5.00:Very Low (4.28) (4.28) (5.00) (5.00) ATLANTIC COD - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - SET LONGLINES - UNITED STATES OF AMERICA - GULF Subscore: 1.53 Discard Rate: 0.95 C2 Rate: 1.45 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Winter skate 1.00:High 4.00:Low 2.33:Moderate Red (1.53) (3.05) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Haddock 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Clearnose skate 1.00:High 5.00:Very Low :Low (4.28)

36 Little skate 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 3.67:Low 5.00:Very Low (4.28) (5.00) HADDOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - BOTTOM TRAWLS - UNITED STATES OF AMERICA - Subscore: 1.41 Discard Rate: 0.90 C2 Rate: 1.27 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Witch flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) Winter flounder / Georges Bank 3.00:Low 2.00:High 1.00:High Red (1.41) tail flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Red (1.53) Summer flounder 2.00:Medium 4.00:Low 1.00:High Red (2.00) Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Ocean pout 1.00:High 2.00:High 2.33:Moderate Red (2.16) Red (2.16) Long-finned pilot whale 1.00:High 2.00:High 3.67:Low (2.71) Atlantic white-sided dolphin 1.00:High 2.00:High 3.67:Low (2.71) Winter skate 1.00:High 4.00:Low 2.33:Moderate Gray seal 1.00:High 2.00:High 5.00:Very Low Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 5.00:Very Low Harbor seal 1.00:High 2.00:High 5.00:Very Low Harp seal 1.00:High 2.00:High 5.00:Very Low (3.05) (3.16) (3.16) (3.16) (3.16) 36

37 Minke whale 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin 1.00:High 2.00:High 5.00:Very Low (3.16) (3.16) Goosefish 1.00:High 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) White hake 1.00:High 4.00:Low 3.67:Low (3.83) Pollock 1.00:High 5.00:Very Low Clearnose skate 1.00:High 5.00:Very Low Little skate 2.00:Medium 5.00:Very Low 3.67:Low 3.67:Low 3.67:Low American plaice 1.00:High 4.00:Low 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 5.00:Very Low 5.00:Very Low (4.28) (4.28) (4.28) (4.47) (5.00) (5.00) HADDOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - BOTTOM TRAWLS - UNITED STATES OF AMERICA - GULF Subscore: 1.41 Discard Rate: 0.90 C2 Rate: 1.27 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Witch flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) tail flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Red (1.53) Summer flounder 2.00:Medium 4.00:Low 1.00:High Red (2.00) 37

38 Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Ocean pout 1.00:High 2.00:High 2.33:Moderate Red (2.16) Red (2.16) Long-finned pilot whale 1.00:High 2.00:High 3.67:Low (2.71) Atlantic white-sided dolphin 1.00:High 2.00:High 3.67:Low (2.71) Winter skate 1.00:High 4.00:Low 2.33:Moderate Gray seal 1.00:High 2.00:High 5.00:Very Low Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 5.00:Very Low Harbor seal 1.00:High 2.00:High 5.00:Very Low Harp seal 1.00:High 2.00:High 5.00:Very Low Minke whale 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin Winter flounder / Gulf of Maine 1.00:High 2.00:High 5.00:Very Low 3.00:Low 3.00:Moderate 3.67:Low (3.05) (3.16) (3.16) (3.16) (3.16) (3.16) (3.16) (3.32) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Goosefish 1.00:High 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) White hake 1.00:High 4.00:Low 3.67:Low (3.83) Pollock 1.00:High 5.00:Very Low 3.67:Low (4.28) 38

39 Clearnose skate 1.00:High 5.00:Very Low Little skate 2.00:Medium 5.00:Very Low 3.67:Low 3.67:Low American plaice 1.00:High 4.00:Low 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 5.00:Very Low 5.00:Very Low (4.28) (4.28) (4.47) (5.00) (5.00) HADDOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - HANDLINES AND HAND-OPERATED POLE- AND-LINES - UNITED STATES OF AMERICA - Subscore: 1.41 Discard Rate: 1.00 C2 Rate: 1.41 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Pollock 1.00:High 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 3.67:Low 5.00:Very Low 5.00:Very Low (4.28) (5.00) (5.00) HADDOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - HANDLINES AND HAND-OPERATED POLE- AND-LINES - UNITED STATES OF AMERICA - GULF Subscore: 1.41 Discard Rate: 1.00 C2 Rate: 1.41 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Pollock 1.00:High 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 3.67:Low 5.00:Very Low 5.00:Very Low (4.28) (5.00) (5.00) 39

40 HADDOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - SET LONGLINES - UNITED STATES OF AMERICA - Subscore: 1.41 Discard Rate: 0.95 C2 Rate: 1.34 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Winter skate 1.00:High 4.00:Low 2.33:Moderate Red (1.53) (3.05) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Clearnose skate 1.00:High 5.00:Very Low Little skate 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 3.67:Low 3.67:Low 5.00:Very Low (4.28) (4.28) (5.00) HADDOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - SET LONGLINES - UNITED STATES OF AMERICA - GULF Subscore: 1.41 Discard Rate: 0.95 C2 Rate: 1.34 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Winter skate 1.00:High 4.00:Low 2.33:Moderate Red (1.53) (3.05) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) 40

41 Clearnose skate 1.00:High 5.00:Very Low Little skate 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 3.67:Low 3.67:Low 5.00:Very Low (4.28) (4.28) (5.00) POLLOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - BOTTOM TRAWLS - UNITED STATES OF AMERICA - Subscore: 1.41 Discard Rate: 0.90 C2 Rate: 1.27 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Witch flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) Winter flounder / Georges Bank 3.00:Low 2.00:High 1.00:High Red (1.41) tail flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Red (1.53) Summer flounder 2.00:Medium 4.00:Low 1.00:High Red (2.00) Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Ocean pout 1.00:High 2.00:High 2.33:Moderate Red (2.16) Red (2.16) Long-finned pilot whale 1.00:High 2.00:High 3.67:Low (2.71) Atlantic white-sided dolphin 1.00:High 2.00:High 3.67:Low (2.71) Winter skate 1.00:High 4.00:Low 2.33:Moderate Gray seal 1.00:High 2.00:High 5.00:Very Low Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 5.00:Very Low Harbor seal 1.00:High 2.00:High 5.00:Very Low (3.05) (3.16) (3.16) (3.16) 41

42 Harp seal 1.00:High 2.00:High 5.00:Very Low Minke whale 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin 1.00:High 2.00:High 5.00:Very Low (3.16) (3.16) (3.16) Goosefish 1.00:High 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) White hake 1.00:High 4.00:Low 3.67:Low (3.83) Clearnose skate 1.00:High 5.00:Very Low Little skate 2.00:Medium 5.00:Very Low 3.67:Low 3.67:Low American plaice 1.00:High 4.00:Low 5.00:Very Low Haddock 2.00:Medium 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 5.00:Very Low 5.00:Very Low 5.00:Very Low (4.28) (4.28) (4.47) (5.00) (5.00) (5.00) POLLOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - BOTTOM TRAWLS - UNITED STATES OF AMERICA - GULF Subscore: 1.41 Discard Rate: 0.90 C2 Rate: 1.27 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Witch flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) tail flounder 2.00:Medium 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High 2.33:Moderate Red (1.53) 42

43 Summer flounder 2.00:Medium 4.00:Low 1.00:High Red (2.00) Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Ocean pout 1.00:High 2.00:High 2.33:Moderate Red (2.16) Red (2.16) Long-finned pilot whale 1.00:High 2.00:High 3.67:Low (2.71) Atlantic white-sided dolphin 1.00:High 2.00:High 3.67:Low (2.71) Winter skate 1.00:High 4.00:Low 2.33:Moderate Gray seal 1.00:High 2.00:High 5.00:Very Low Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 5.00:Very Low Harbor seal 1.00:High 2.00:High 5.00:Very Low Harp seal 1.00:High 2.00:High 5.00:Very Low Minke whale 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin Winter flounder / Gulf of Maine 1.00:High 2.00:High 5.00:Very Low 3.00:Low 3.00:Moderate 3.67:Low (3.05) (3.16) (3.16) (3.16) (3.16) (3.16) (3.16) (3.32) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Haddock 2.00:Medium 4.00:Low 3.67:Low (3.83) Goosefish 1.00:High 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) White hake 1.00:High 4.00:Low 3.67:Low (3.83) 43

44 Clearnose skate 1.00:High 5.00:Very Low Little skate 2.00:Medium 5.00:Very Low 3.67:Low 3.67:Low American plaice 1.00:High 4.00:Low 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 5.00:Very Low 5.00:Very Low (4.28) (4.28) (4.47) (5.00) (5.00) POLLOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - HANDLINES AND HAND-OPERATED POLE- AND-LINES - UNITED STATES OF AMERICA - Subscore: 1.41 Discard Rate: 1.00 C2 Rate: 1.41 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Haddock 2.00:Medium 5.00:Very Low Scup 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 5.00:Very Low 5.00:Very Low 5.00:Very Low (5.00) (5.00) (5.00) POLLOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - HANDLINES AND HAND-OPERATED POLE- AND-LINES - UNITED STATES OF AMERICA - GULF Subscore: 1.41 Discard Rate: 1.00 C2 Rate: 1.41 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Haddock 2.00:Medium 4.00:Low 3.67:Low (3.83) Scup 2.00:Medium 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low 5.00:Very Low 5.00:Very Low (5.00) (5.00) 44

45 POLLOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - SET GILLNETS - UNITED STATES OF AMERICA - Subscore: 1.00 Discard Rate: 0.95 C2 Rate: 0.95 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Humpback whale 1.00:High 1.00:Very High North Atlantic right whale 1.00:High 1.00:Very High 1.00:High Red (1.00) 1.00:High Red (1.00) Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High Fin whale 1.00:High 1.00:Very High 2.33:Moderate Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 2.33:Moderate Red (1.53) 3.67:Low Red (1.92) Red (2.16) Red (2.16) Harbor seal 1.00:High 2.00:High 3.67:Low (2.71) Winter skate 1.00:High 4.00:Low 2.33:Moderate Atlantic white-sided dolphin 1.00:High 2.00:High 5.00:Very Low Bottlenose dolphin 1.00:High 2.00:High 5.00:Very Low Gray seal 1.00:High 2.00:High 5.00:Very Low Harp seal 1.00:High 2.00:High 5.00:Very Low Hooded seal 1.00:High 2.00:High 5.00:Very Low Risso's dolphin 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin 1.00:High 2.00:High 5.00:Very Low (3.05) (3.16) (3.16) (3.16) (3.16) (3.16) (3.16) (3.16) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) 45

46 Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Clearnose skate 1.00:High 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 3.67:Low 5.00:Very Low 5.00:Very Low (4.28) (5.00) (5.00) POLLOCK - UNITED STATES OF AMERICA/NORTHWEST ATLANTIC - SET GILLNETS - UNITED STATES OF AMERICA - GULF Subscore: 1.00 Discard Rate: 0.95 C2 Rate: 0.95 Species Inherent Vulnerability Abundance Fishing Mortality Subscore Humpback whale 1.00:High 1.00:Very High North Atlantic right whale 1.00:High 1.00:Very High 1.00:High Red (1.00) 1.00:High Red (1.00) Atlantic cod 1.00:High 2.00:High 1.00:High Red (1.41) Thorny skate 1.00:High 1.00:Very High Fin whale 1.00:High 1.00:Very High 2.33:Moderate Atlantic halibut 1.00:High 2.00:High 2.33:Moderate Harbor porpoise / Gulf of Maine / Bay of Fundy 1.00:High 2.00:High 2.33:Moderate Red (1.53) 3.67:Low Red (1.92) Red (2.16) Red (2.16) Harbor seal 1.00:High 2.00:High 3.67:Low (2.71) Winter skate 1.00:High 4.00:Low 2.33:Moderate Atlantic white-sided dolphin 1.00:High 2.00:High 5.00:Very Low Bottlenose dolphin 1.00:High 2.00:High 5.00:Very Low (3.05) (3.16) (3.16) 46

47 Gray seal 1.00:High 2.00:High 5.00:Very Low Harp seal 1.00:High 2.00:High 5.00:Very Low Hooded seal 1.00:High 2.00:High 5.00:Very Low Risso's dolphin 1.00:High 2.00:High 5.00:Very Low Short-beaked common dolphin 1.00:High 2.00:High 5.00:Very Low (3.16) (3.16) (3.16) (3.16) (3.16) Barndoor skate 1.00:High 4.00:Low 3.67:Low (3.83) Smooth skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Rosette skate 2.00:Medium 4.00:Low 3.67:Low (3.83) Clearnose skate 1.00:High 5.00:Very Low Spiny dogfish 1.00:High 5.00:Very Low Acadian redfish 2.00:Medium 5.00:Very Low 3.67:Low 5.00:Very Low 5.00:Very Low (4.28) (5.00) (5.00) Discards and landings of skates for the large mesh gillnet fishery are much lower than for the large mesh otter trawl and extra-large mesh gillnet fisheries (not considered in this report) (NMFS 2011b). But skate landings and discards are not separated by species, so 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, so 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). Criterion 2 Assessment SCORING GUIDELINES Factor Inherent Vulnerability (same as Factor 1.1 above) Factor Abundance (same as Factor 1.2 above) 47

48 Factor Fishing Mortality (same as Factor 1.3 above) THORNY SKATE Factor Inherent Vulnerability UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF High Thorny skate has a FishBase vulnerability score of 59 (Froese & Pauly 2016). Factor Abundance UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF Very High B/B MSY = 0.03 (NMFS 2016); current abundance estimates are below the limit reference point and at historical lows. NMFS classifies the thorny skate stock as overfished (NMFS 2016). Thorny skate is considered Critically Endangered in U.S. waters by the IUCN Red List (globally, the species is listed as Vulnerable ). Seafood Watch considers abundance of thorny skate to be a very high conservation concern. For thorny skate, the 3-year ( ) average survey biomass of 0.13 kg/tow shows an increase on the previous 3-year average, but is only 3.1% of the B MSY target of 4.13 kg/tow. This stock is 12 years into the rebuilding period (end date of 2028), yet it continues to decline without any signs of rebuilding. To ensure that an overfished species will achieve target levels, skate regulations require the Council to take management action (e.g., prioritizing research into thorny skate population dynamics, among the actions to halt the decline of thorny skate biomass) (Sosebee 2015). Thorny skate is currently a Species of, but a new petition 48

49 has been submitted to the Endangered Species Act in May 2015 to have the species listed; it is currently being evaluated by NOAA (Sosebee 2015). Biomass reference points are based entirely on NEFSC survey data because reliable landings and discard information are not available by species. For all skate species but barndoor, the B MSY proxy is defined as the 75th percentile of the appropriate survey biomass index time series for that species (Brown et al. 2013). Factor Fishing Mortality UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF Moderate The index is higher than the index by 8.7%, therefore NMFS states that overfishing is not occurring for thorny skate (Sosebee 2015). The use of a biomass index to determine fishing mortality results in a high level of uncertainty, and fishing mortality relative to maximum sustainable yield (MSY) is considered unknown. Annual catch limits are designed to prevent impacts of fishing from increasing to unsustainable levels, and all landings of thorny skate are prohibited (NEFMC 2011a). Nevertheless, together with the other skate species, thorny skate is frequently taken as bycatch and discarded by vessels targeting groundfish. As a result, otter trawling is the principal source of fishing mortality for all skates discussed in this report (Sosebee 2015). Seafood Watch considers fishing mortality to be a moderate conservation concern. The fishing mortality reference points for skates are based on changes in survey biomass indices. If the 3-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 FMSY and overfishing is occurring for that skate species (Sosebee 2015). Factor Discard Rate GULF 40-60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate species are believed to have a higher post-release survival rate than other fish species. A recent study revealed that the 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). Because of the uncertainty about which skate species are discarded during the groundfish fishery, a precautionary assumption 49

50 is made that they are all smooth skate; this results in an overall discard rate of 43%. It is worth noting that, in recent years, fishers have been adopting more selective gears in an attempt to reduce bycatch of non-target, low abundance species. Separator trawls and Ruhle trawls are designed to take advantage of the different behaviors of different species: catching species such as haddock that tend to swim upward and allowing the release of species that tend to swim down during capture, such as cod and flatfish % 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%. UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF 20-40% 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 Factor Inherent Vulnerability GULF Medium Witch flounder has a FishBase vulnerability score of 51 (Froese & Pauly 2012). Factor Abundance GULF 50

51 High The most recent assessment of witch flounder was released in 2012 and indicated that, based on 2010 data, SSB was below the minimum biomass threshold (Figure 9); SSB /SSB = (NEFSC 2012a) MSY Figure 8 Figure 9.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 SSB and F are shown with open squares, along with 80% confidence intervals (Figure from data in NEFSC 2012a). 51

52 Factor Fishing Mortality GULF 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). Although 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). 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 that 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 implemented Accountability Measures (AMs) to prevent overfishing. In 2010, there was a transition from an effort control fishery to one managed through hard TACs (total allowable catch). In addition, this amendment implemented new requirements for establishing allowable biological catch (ABC), annual catch limits (ACLs), and AMs for the stocks managed under the FMP (Federal Register 2010). Factor Discard Rate GULF 40-60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate species are believed to have a higher post-release survival rate than other fish species. A recent study revealed that the 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). Because of the uncertainty about which skate species are discarded during the groundfish fishery, a precautionary assumption is made that they are all smooth skate; this results in an overall discard rate of 43%. It is worth noting that, in recent years, fishers have been adopting more selective gears in an attempt to reduce bycatch of non-target, low abundance species. Separator trawls and Ruhle trawls are designed to take advantage of the different behaviors of different species: catching species such as haddock that tend to swim upward and allowing the release of species that tend to swim down during capture, such as cod and flatfish. 52

53 HUMPBACK WHALE Factor Inherent Vulnerability GULF High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). Factor Abundance Very High The humpback whale is listed as endangered under the United States Endangered Species Act. This is scored as "very high" concern. The best abundance estimate for humpback whale 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, which is consistent with an average increase in the wider North Atlantic population as a whole; however, the population may be below the optimum sustainable population (OSP) within the U.S. exclusive economic zone (EEZ) (Waring et al 2013a). Factor Fishing Mortality High The average annual human-related mortality and serious injury rate exceeds the potential biological removal (PBR) of 2.7 whales. Between 2009 and 2013, mortalities because of U.S. fisheries are estimated to be 9 per year (Waring et al. 2016). The contribution of gillnet fisheries (the only fishery within the scope of this report with known interactions with humpback whales) is 6.5 whales per year (Waring et al. 2016). Fishing mortality is rated as a "high" concern because this is a strategic stock and listed as an endangered species. 53

54 Factor Discard Rate 20-40% 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%. NORTH ATLANTIC RIGHT WHALE Factor Inherent Vulnerability GULF High Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (Seafood Watch 2013). Factor Abundance Very High Current population estimates of North Atlantic right whale in the western North Atlantic suggest that there is a minimum of 476 individuals (Waring et al. 2016). It is believed that this is extremely low relative to the OSP. North Atlantic right whale is listed as "Endangered" under the U.S. Endangered Species Act (ESA) (Waring et al. 2016) and by the International Union for the Conservation of Nature (IUCN). We have scored this factor as "very high" concern. Factor Fishing Mortality 54

55 High Between 2009 and 2013, there were 3.4 recorded average annual mortalities or serious injuries because of fishery interactions with North Atlantic right whales (Waring et al. 2016). Entanglements were not specific to a particular fishery; however, 1.85 average annual mortalities or serious injuries occurred in the same region as the Northeast Sink Gillnet fishery. This rate of interaction is greater than the PBR of 1 whale per year. Between 2001 and 2006, there was one reported mortality associated with a gillnet, but it was not possible to determine which gillnet fishery was responsible. Fishing mortality is rated as a "high" concern because this is a strategic stock and listed as an endangered species. Factor Discard Rate 20-40% 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%. WINTER FLOUNDER / Factor Inherent Vulnerability GULF Low Winter flounder (a.k.a. blackback) has a FishBase vulnerability score of 34 (Froese & Pauly 2012). Factor Abundance High The observed estimated spawning stock biomass (SSB) in 2014 was 5,275 MT, which is 79% of the biomass target for an overfished stock (SSB MSY = 6,700, with a threshold of 50% of SSB MSY) (NEFSC 2015d). But when the observed abundance is corrected for retrospective error, an abundance estimate of 2,883 MT is found. This is 43% of SSB MSY, therefore the stock is in an overfished condition (NEFSC 2015d). Seafood Watch considers stock abundance to be a "high" conservation concern for Georges Bank blackback. The latest assessment of the Georges Bank blackback stock found that the 2014 SSB estimate, when adjusted for retrospective error (83% for SSB), is outside the 90% confidence interval of the unadjusted 2014 point 55

56 estimate (NEFSC 2015d). Therefore, the 2014 SSB value used in the stock status determination was the retrospective-adjusted value of 2,883 MT (NEFSC 2015d), which is 43% of the biomass target (SSB MSY = 6,700) for an overfished stock. Therefore, the stock is considered to be overfished. As of December 31, 2015, NMFS listed Georges Bank blackback as overfished and rebuilding, in year 6 of a 7-year plan (NMFS 2015c). "Short-term projections of biomass were derived by sampling from a cumulative distribution function of recruitment estimates ( YC) from the final run of the ADAPT VPA model. The annual fishery selectivity, maturity ogive, and mean weights-at-age used in the projection are the most recent 5-year averages ( ). An SSB retrospective adjustment factor of was applied in the projections" (NEFSC 2015d). Factor Fishing Mortality High The 2014 F point estimate, when adjusted for retrospective error ( 51%), is outside the 90% confidence interval of the unadjusted 2014 point estimate (NEFSC 2015d). Thus, the value used in the stock status determination was the adjusted value of F = 0.778, which is 145% of the overfishing threshold (F MSY = 0.536), and suggests that the stock is currently undergoing overfishing. Fishing mortality is scored as "high" concern (NEFSC 2015d). The observed 2014 fully selected fishing mortality (F; fully selected ages [ages 4 6]) was estimated to be 0.379, which is 71% of the overfishing threshold (F = 0.536) (NEFSC 2015d). MSY Factor Discard Rate 40-60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate species are believed to have a higher post-release survival rate than other fish species. A recent study revealed that the 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). Because of the uncertainty about which skate species are discarded during the groundfish fishery, a precautionary assumption is made that they are all smooth skate; this results in an overall discard rate of 43%. It is worth noting that, in recent years, fishers have been adopting more selective gears in an attempt to reduce bycatch of non-target, low abundance species. Separator trawls and Ruhle trawls are designed to take advantage of the different behaviors of different species: catching species such as haddock that tend to swim upward and allowing the release of species that tend to swim down during capture, such as cod and flatfish. 56

57 YELLOWTAIL FLOUNDER Factor Inherent Vulnerability GULF Medium tail flounder has a FishBase vulnerability score of 37 (Froese & Pauly 2012). Factor Abundance GULF High The most recent assessment of Cape Cod/Gulf of Maine yellowtail flounder was published in 2012, and it indicated that SSB 2010 = 1,680 MT and SSB MSY proxy = 7,080 MT, so the stock was considered overfished, with B /B = (Figure 10) (NEFSC 2012a). This results in a score of "high" concern MSY 57

58 Figure 9 Figure 10. 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. High The latest stock assessment by the Transboundary Resources Assessment Committee revealed that SSB was 4,600 MT, which is below the target reference point, SSB MSY = 43,200 MT (TRAC 2012). Biomass has been below SSB for the entire time series (Figure 11). This is scored as "high" concern. MSY

59 Figure 10 Figure 11.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). Factor Fishing Mortality GULF High The most recent assessment of Cape Cod/Gulf of Maine yellowtail flounder indicated that F 2010 = 0.36 and F MSY = 0.26, so F 2007/F MSY = 1.38 and overfishing was occurring (NEFSC 2012a). But 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 59

60 (across all gear types) averaged 17% of total landings (NEFSC 2012a). We have scored this as "high" concern. 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 implemented 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 (total allowable catch). 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). High The fishing mortality reference point, F REF = 0.25, has been exceeded throughout the timeseries 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 the scallop dredge fishery. We have scored this as "high" concern. 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 implemented Accountability Measures (AMs) to prevent overfishing. In 2010, there was a transition from an effort control fishery to one managed through hard TACs (total allowable catch). 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). Factor Discard Rate GULF 40-60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate species are believed to have a higher post-release survival rate than other fish species. A recent study revealed that the 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). Because of the uncertainty about which skate species are discarded during the groundfish fishery, a precautionary assumption is made that they are all smooth skate; this results in an overall discard rate of 43%. It is worth noting that, in recent years, fishers have been adopting more selective gears in an attempt to reduce bycatch of non-target, low abundance species. Separator trawls and Ruhle trawls are designed to take 60

61 advantage of the different behaviors of different species: catching species such as haddock that tend to swim upward and allowing the release of species that tend to swim down during capture, such as cod and flatfish. 61

62 Criterion 3: Management ness Management is separated into management of retained species (harvest strategy) and management of nonretained species (bycatch strategy). The final score for this criterion is the geometric mean of the two scores. The Criterion 3 rating is determined as follows: Score >3.2= or Low Score >2.2 and 3.2= or Moderate Score 2.2 or either the Harvest Strategy (Factor 3.1) or Bycatch Management Strategy (Factor 3.2) is Very High = Red or High Rating is Critical if either or both of Harvest Strategy (Factor 3.1) and Bycatch Management Strategy (Factor 3.2) ratings are Critical. Criterion 3 Summary Region / Method United States of America / Northwest Atlantic / Bottom trawls / United States of America / Georges Bank United States of America / Northwest Atlantic / Bottom trawls / United States of America / Gulf of Maine United States of America / Northwest Atlantic / Set longlines / United States of America / Georges Bank United States of America / Northwest Atlantic / Set longlines / United States of America / Gulf of Maine United States of America / Northwest Atlantic / Set gillnets / United States of America / Georges Bank United States of America / Northwest Atlantic / Set gillnets / United States of America / Gulf of Maine United States of America / Northwest Atlantic / Handlines and hand-operated pole-and-lines / United States of America / Georges Bank United States of America / Northwest Atlantic / Handlines and hand-operated pole-and-lines / United States of America / Gulf of Maine Harvest Strategy Bycatch Strategy Score (3.00) (3.00) (3.00) (3.00) (3.00) (3.00) (3.00) (3.00) Criterion 3 Assessment SCORING GUIDELINES Factor Harvest Strategy Seven subfactors are evaluated: Management Strategy, Recovery of Species of, Scientific Research/Monitoring, Following of Scientific Advice, Enforcement of Regulations, Management Track Record, and Inclusion of Stakeholders. Each is rated as ineffective, moderately effective, or highly effective. 62

63 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 there is a clear need for management (i.e., fishery catches threatened, endangered, or high concern species), OR there is a high level of Illegal, unregulated, and unreported fishing occurring. Factor 3.1 Summary FACTOR MANAGEMENT OF FISHING IMPACTS ON RETAINED SPECIES Region / Method Strategy Recovery Research Advice Enforce Track Inclusion United States of America / Northwest Atlantic / Bottom trawls / United States of America / Georges Bank Moderately Moderately Moderately Moderately Highly Moderately Highly United States of America / Northwest Atlantic / Bottom trawls / United States of America / Gulf of Maine Moderately Moderately Moderately Moderately Highly Moderately Highly United States of America / Northwest Atlantic / Set longlines / United States of America / Georges Bank Moderately Moderately Moderately Moderately Highly Moderately Highly United States of America / Northwest Atlantic / Set longlines / United States of America / Gulf of Maine Moderately Moderately Moderately Moderately Highly Moderately Highly United States of America / Northwest Atlantic / Set gillnets / United States of America / Georges Bank Moderately Moderately Moderately Moderately Highly Moderately Highly United States of America / Northwest Atlantic / Set gillnets / United States of America / Gulf of Maine Moderately Moderately Moderately Moderately Highly Moderately Highly 63

64 United States of America / Northwest Atlantic / Handlines and hand-operated poleand-lines / United States of America / Georges Bank Moderately Moderately Moderately Moderately Highly Moderately Highly United States of America / Northwest Atlantic / Handlines and hand-operated poleand-lines / United States of America / Gulf of Maine Moderately Moderately Moderately Moderately Highly Moderately Highly The NEFMC manages the groundfish fishery through a collective FMP that covers 20 stocks from 13 species. Grouping species together allows the NEFMC to manage these mixed fisheries more effectively than if individual species FMPs were used. Because of the historical exploitation that stocks have been exposed to, a number of stocks are depleted or in a state of rebuilding. The NEFMC has recently introduced a new management system that should improve the rate of recovery of stocks. There is a considerable effort to collect data in these fisheries through logbooks and observer coverage; these data (along with fishery-independent data) guide stock assessments. On the majority of occasions, the NEFMC takes into account the scientific information provided by stock assessments; but in some instances, TACs have been set too high in response to social and economic need. 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. 64

65 UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Moderately The New England fisheries for cod, haddock, and pollock are managed by the New England Fisheries Management Council (NEFMC) through the Northeast Multispecies Fishery Management Plan (NE Multispecies FMP), alongside nine 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), seasonal closures, spatial closures, minimum landing sizes, trip limits on pounds 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 annual catch limit (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 because they are self-selecting and largely selfregulating (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 annual catch limit (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. Although it is optional to join the sectors, 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 that are overfished (and may also be subject to overfishing), the target fishing mortality is set at a level that 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, factor 3.1.2). But if a sector were to 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. 65

66 The sector system allows fishers to share, trade, or lease quota within a fishery, thus 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, factor 3.1.2). In addition, target total allowable catches (TACs) have been set too high because of errors in stock assessments, and there has been a need for increased precaution (see Scientific Advice, factor 3.1.4). But the management system has substantially changed under Amendment 16, which is expected to reduce the race to fish and to 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, whereas in the past it was possible for target TACs to be exceeded because 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. This results in a score of "moderately effective." Figure 11 Figure 16: Relationship between OFL, ABC, ACL, and ACT as described by the National Marine Fisheries Service. (NOAA 2009) 66

67 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, 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. UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Moderately There are a number of stocks of concern affected 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 that aim to rebuild the stock within a given timeframe (usually 10 years). But for some stocks, in which decreasing the fishing mortality to a level that would allow rebuilding is likely to have negative social and/or economic effects, the timelines are extended; for example, 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); these are typically a reduction from the fishing mortalities that the stocks were subjected to when the programs were established in 2003 (implemented in 2004 fishing year). Any reduction in fishing mortality was conducted in one of two ways: through phased reduction strategy, in which the fishing mortality was gradually reduced over the rebuilding period to reach the target biomass with median probability; or through an adaptive rebuilding strategy, in which fishing mortality was held at or below FMSY from 2004 to 2009, at which point adjustments would be made in order to achieve the target biomass by the end of the rebuilding period. The most recent stock assessments have shown 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, and 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. But there are a number of stocks that have 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 (NMFS 2011a) (NEFSC 2012a). 67

68 Although there is concern that some of the stocks have yet to meet their rebuilding targets, other stocks have rebuilt within the specified timelines, and the new management system is likely to improve rebuilding of stocks due to reduced levels of discarding. This is rated as "moderately effective." 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 achieve a Highly rating, population assessments must be conducted regularly and they must be robust enough to reliably determine the population status. UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Moderately 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. Thus there is a wealth of both fishery-dependent and fishery-independent data available to NEFMC and NMFS to ensure that the fishery is managed effectively. There are concerns about a continued retrospective pattern that 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 partly by increased natural mortality rates (NEFSC 2013a). Observer coverage in the fishery comprises 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 because it contained discretions to be made that allowed observer coverage to be below the amount required to meet an acceptable level of precision (CV < 30), for 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. Thus, it is scored as "moderately effective." 68

69 Standard bycatch reporting methodology (SBRM) indicates that a simple percentage of observer coverage is not appropriate; instead, SBRM 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 rating is given if managers nearly always follow scientific advice. UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Moderately 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 it sets, 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. Although 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). This factor is scored as "moderately effective." Subfactor Enforcement of Management Regulations Considerations: Do fishermen comply with regulations, and how is this monitored? To achieve a Highly rating, there must be regular enforcement of regulations and verification of compliance. 69

70 UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Highly A variety of enforcement measures are in place in the New England groundfish fishery. All vessels fishing in the multispecies fishery are required to be fitted with a vessel monitoring system (VMS) (Federal Register 2006), which allows fishery officers to remotely monitor the location of each vessel. VMS systems enable fishery managers not only to monitor where catches are being taken, but also to enforce 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, 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), and the Coast Guard inspect vessels at sea (Nies 2013). OLE enforces fisheries legislation, including minimum landing sizes, retention of prohibited species, and gear restrictions. Violation of such management measures can result in criminal or civil actions as well as fines, loss of quota, or imprisonment for more serious cases. Under Amendment 16 of the Multispecies Fishery Management Plan, 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 allowable catch limits (ACLs) from being exceeded, whereas reactive AMs are designed to correct any overages if they occur (Federal Register 2012). AMs can result in a reduction or complete loss of quota for a sector that regularly or greatly exceeds its quota (Federal Register 2010). It is thought that loss of a community pool will encourage a greater level of selfmanagement, thus improving compliance throughout the fishery. This factor is scored as "highly effective." 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 rating is given if measures enacted by management have been shown to result in the long-term maintenance of species overtime. 70

71 UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Moderately The fish stocks in the Northwest Atlantic have been subject to fishing pressure for centuries; as a result, many stocks 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 stocks underwent declines in biomass under increasing fishing mortalities, such as the Acadian redfish, Georges Bank cod, and Gulf of Maine cod (NEFSC 2008). But in more recent years, after 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. This factor is rated as "moderately effective." 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 rating is given if the management process is transparent and includes stakeholder input. 71

72 UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Highly 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 comment in the Federal Register documents, to show transparency of process (Federal Register 2010) (Federal Register 2012). Factor Bycatch Strategy SCORING GUIDELINES Four subfactors are evaluated: Management Strategy and Implementation, Scientific Research and Monitoring, Record of Following Scientific Advice, and Enforcement of Regulations. Each is rated as ineffective, moderately effective, or highly effective. Unless reason exists to rate Scientific Research and Monitoring, Record of Following Scientific Advice, and Enforcement of Regulations differently, these rating 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 rated 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 substatntially impacted by the fishery FACTOR BYCATCH STRATEGY Region / Method United States of America / Northwest Atlantic / Bottom trawls / United States of America / Georges Bank All Kept Critical Strategy Research Advice Enforce No No Moderately Moderately Moderately Highly 72

73 United States of America / Northwest Atlantic / Bottom trawls / United States of America / Gulf of Maine No No Moderately Moderately Moderately Highly United States of America / Northwest Atlantic / Set longlines / United States of America / Georges Bank No No Moderately Moderately Moderately Highly United States of America / Northwest Atlantic / Set longlines / United States of America / Gulf of Maine No No Moderately Moderately Moderately Highly United States of America / Northwest Atlantic / Set gillnets / United States of America / Georges Bank No No Moderately Moderately Moderately Moderately United States of America / Northwest Atlantic / Set gillnets / United States of America / Gulf of Maine No No Moderately Moderately Moderately Moderately United States of America / Northwest Atlantic / Handlines and hand-operated pole-and-lines / United States of America / Georges Bank No No Moderately Moderately Moderately Highly United States of America / Northwest Atlantic / Handlines and hand-operated pole-and-lines / United States of America / Gulf of Maine No No Moderately Moderately Moderately Highly A number of regulations are in place that require fisheries managers to reduce the impacts of fishing activities on non-target populations. Reporting of bycatch 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 the effectiveness of the regulations with respect to the use of pingers on gillnets to reduce the bycatch of cetaceans (e.g., harbor porpoise). 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 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.). 73

74 UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Moderately The Magnuson-Stevens Act (MSA) requires fisheries management to prevent overfishing from occurring, and 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 that FMPs are designed and implemented in a way that prevents overfishing and allows recovery of stocks caught within a fishery, whether the stocks 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 standardized bycatch reporting methodology (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; the NMFS is currently developing a replacement action (pers. comm., Brogan 2013). To be approved to operate, sectors must submit an operations plan to the regional administrator (NEFMC) that details (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 because 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 (pers. comm., Litsinger 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 74

75 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. But at this time, levels of bycatch remain above 50% of the PBR level for the species, so management is considered uncertain until data demonstrate that it has fallen below that threshold, particularly considering recent concerns with regulations compliance (see Enforcement, factor 3.2.5). This factor is scored as "moderately effective." 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 rating, assessments must be conducted to determine the impact of the fishery on species of concern, and an adequate bycatch data collection program must be in place to ensure bycatch management goals are being met UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Moderately Fishery observers are required in groundfish fisheries (except for 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). Because of 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 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 Standard Bycatch Reporting Methodolgy (SBRM). The SBRM was vacated by the courts because it 75

76 contained discretions to be made that allowed observer coverage to be below the amount required to meet an acceptable level of precision (CV < 30), for 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. We have scored this factor as "moderately effective." Standard bycatch reporting methodology (SBRM) indicates that a simple percentage of observer coverage is not appropriate; instead, SRBM 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 rating is given if managers nearly always follow scientific advice. UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Moderately See factor in the Harvest Strategy section. 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 rating, there must be consistent enforcement of regulations and verification of compliance. 76

77 UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Highly See factor in the Harvest Strategy section. UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF Moderately 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 1,500 animals per year prior to 1996 to below 500 animals per year during But 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, so compliance subsequently increased and bycatch started decreasing again (NMFS 2011b), reaching a mean serious injury and annual mortality of 511 animals during (Waring et al. 2013b). s about compliance remain. Recently published data from suggest 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; this is believed to be the result of inadequate compliance with deployment regulations as well as malfunctioning pingers (Orphanides 2012b). 77

78 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. Ecosystem Based Fisheries Management 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 Ecosystem Based Fishery Management score. The Criterion 2 rating is determined as follows: Score >3.2= or Low Score >2.2 and 3.2= or Moderate Score 2.2=Red or High Rating cannot be Critical for Criterion 4. Criterion 4 Summary Region / Method United States of America / Northwest Atlantic / Bottom trawls / United States of America / Georges Bank United States of America / Northwest Atlantic / Bottom trawls / United States of America / Gulf of Maine United States of America / Northwest Atlantic / Set longlines / United States of America / Georges Bank United States of America / Northwest Atlantic / Set longlines / United States of America / Gulf of Maine United States of America / Northwest Atlantic / Set gillnets / United States of America / Georges Bank United States of America / Northwest Atlantic / Set gillnets / United States of America / Gulf of Maine United States of America / Northwest Atlantic / Handlines and hand-operated pole-and-lines / United States of America / Georges Bank Gear Type and Substrate 2.00: Moderate 2.00: Moderate 3.00: Low 3.00: Low 3.00: Low 3.00: Low 4.00: Very Low Mitigation of Gear Impacts EBFM Score 0.25: Minimal Mitigation 0.25: Minimal Mitigation 0.25: Minimal Mitigation 0.25: Minimal Mitigation 0.25: Minimal Mitigation 0.25: Minimal Mitigation 0.25: Minimal Mitigation 3.00: Moderate 3.00: Moderate 3.00: Moderate 3.00: Moderate 3.00: Moderate 3.00: Moderate 3.00: Moderate (2.60) (2.60) (3.12) (3.12) (3.12) (3.12) (3.57) 78

79 United States of America / Northwest Atlantic / Handlines and hand-operated pole-and-lines / United States of America / Gulf of Maine 4.00: Very Low 0.25: Minimal Mitigation 3.00: Moderate (3.57) Criterion 4 Assessment SCORING GUIDELINES Factor 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 ( 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. Factor 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 are in place (e.g., vulnerable habitats protected but other habitats not protected); there are 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 Factor 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 is protected with marine reserves, and 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 the ecosystem. Measures are in place to minimize potentially negative ecological effect if hatchery supplementation or fish aggregating devices (FADs) are used. 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 ) Fishery catches species that play an exceptionally large role in the ecosystem and no 79

80 efforts are being made to incorporate their ecological role into management. 1 (Very High ) Use of hatchery supplementation or fish aggregating devices (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. Factor Impact of Fishing Gear on the Habitat/Substrate UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF 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 13). These areas contain a number of seabed types, but the predominant types are sand, gravel-sand, and sand-silt/clay in waters less than 100 m deep; gravel habitats affected by trawling in this region are less than 60 m deep (Figure 12) (NEFSC 2011b) (NEFSC 2011c). These seabed types and the communities they support are generally more resilient to trawling than deep-water biogenic reef habitats. This is scored as "moderate" concern. Figure 12 Figure 17: Seabed types in the Gulf of Maine and Georges Bank region. Taken from Stiles et al

81 Figure 13 Figure 18: Northeast Fisheries Science Center statistical areas. From Shepherd UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF Low Demersal longline fisheries for haddock take place over sand and gravel seabeds in the Gulf of Maine and Georges Bank region. This is scored as "low" concern. 81

82 UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF 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 anchors on the substrate and minimal amounts of scouring during setting and hauling nets. This is scored as "low" concern. UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Very Low Handline or rod and reel fisheries have minimal contact with the seabed and any negative impacts are expected to be minimal. This is scored as "very low" concern. Factor Mitigation of Gear Impacts UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF Minimal Mitigation The alteration of marine habitats by 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 temporary spatial closures in place in the Gulf of Maine and Georges Bank. There are seven permanent closures in place to protect essential fish habitat (EFH) from the impacts of bottom trawling (Figure 14), established under Amendment 13 of the multispecies FMP (NEFMC 2004). There are an additional five year-round closures designated through the multispecies FMP, along with five rolling closures in the Gulf of Maine and a seasonal closure on Georges Bank. These closures are primarily designed to protect important spawning grounds and juvenile fish. 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). To mitigate against and minimize potential damage to EFH, the 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 restricted gear areas (RGAs) that provide protection from particular gear types; for example, the Inshore Restricted Roller Gear Area. 82

83 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 multispecies FMP 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. But 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). UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF 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 14. UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF Minimal Mitigation The impacts of gillnets on the marine habitat are limited partly by rolling spatial closures and by the multispecies closed areas indicated in Figure 14. UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF Minimal Mitigation The impacts of the handline fishery on the marine habitat are believed to be minimal and are further limited in part by rolling spatial closures, and by the multispecies closed areas indicated in Figure

84 Figure 14 Figure 19: Year-round spatial closures in the Gulf of Maine and Georges Bank region which prohibit bottom trawling. From Orphanides & Magnusson

85 Factor Ecosystem-Based Fisheries Management UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, BOTTOM TRAWLS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, SET GILLNETS, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, UNITED STATES OF AMERICA / NORTHWEST ATLANTIC, HANDLINES AND HAND-OPERATED POLE-AND-LINES, UNITED STATES OF AMERICA, GULF 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 they are conducted in (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, because it already considers multiple species rather than using the traditional single-species fisheries management. Moving forward, other EBFM plans will become more holistic and integrated for a given ecosystem region, such as 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. 85

86 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 Sam Wilding for graciously reviewing this report for scientific accuracy. 86

87 References Album, G Survey of the trade flow in the fisheries sector in Asia. Analysis for the Norwegian Ministry of Fisheries and Coastal Affairs. Revised Version. Brogan, G Oceana. Northeast Representative. Personal Communication. CLF Conservation Law Foundation Position Paper on Interim Emergency Action by National Marine Fisheries Service: Fishing Years 2012 and Conservation Law Foundation. Col, L. A., and Legault, C. M The 2008 Assessment of Atlantic Halibut in the Gulf of Maine-Georges Bank Region. US Department of Commerce, Northeast Fisheries Science Center, Woods Hole, MA. FAO FAO Yearbook Fishery and Aquaculture Statistics. Food and Agricultural Organization of the United Nations. Rome, Federal Register 2009b. Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Pelagic Longline Take Reduction Plan. Federal Register Vol 74, No CFR part 229. May Federal Register Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Amendment 13; Final Rule. 50 CFR Part 648 Federal Register Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery, Framework Adjustment 42; Monkfish Fishery, Framework Adjustment CFR Part 648 Federal Register Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Region Standardized Bycatch Reporting Methodology Omnibus Amendment. 50 CFR Part 648. Federal Register 2009a. Magnuson-Stevens Act Provisions; Annual Catch Limits; National Standard Guidelines. 50 CFR Part 600. Federal Register Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Amendment 16; Final Rule. 50 CFR Part 648 Federal Register Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment CFR Part 648 Federal Register Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment CFR Part 648 Froese, R., & Pauly, D Editors. Fishbase. Froese, R., & Pauly, D Editors. Fishbase. IUCN International Union for the Conservation of Nature Red List of Threatened Species. Available online at Kitts, A., Bing-Sawyer, E., Walden, J., Demarest, C., McPhearson, M., Christman, P., Steinback, S., Olson, J., & Clay, P Final Report on the Performance of the Northeast Multispeceis (Groundfish) Fishery (May 87

88 2010 April 2011). 2nd Edition. Northeast Fisheries Science Center Referecne Document pp. Kraus, S. D., A. J. Read, A. Solow, K. Baldwin, T. Spradlin, E. Anderson, and J. Williamson Acoustic alarms reduce porpoise mortality. Nature 388:525. Labaree, J. M., Sector management in New England s groundfish fishery: Dramatic change spurs innovation. Gulf of Maine Research Institute. 13pp. Litsinger, E Environmental Defense Fund. New England Fisheries Manager, Oceans. Personal Communication. Mandelman, J.W., Cicia, A.M., Ingram Jr, G.W., Driggers III, W.B., Coutre, K.M., Sulikowski, J.A., Short-term post-release mortality of skates (family Rajidae) discarded in a western North Atlantic commercial otter trawl fishery. Fisheries Research. 139: pp NEFMC Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Amendment 13; Final Rule. 50 CFR part 648. NEFMC Northeast Skate Complex Specifications Environmental Assessment Regulatory Impact Review and Initial Regulatory Flexibility Analysis. March 20, New England Fishery Management Council, 50 Water Street, Newburyport, MA NEFMC website - NEFMC & NMFS Amendment 11 to the Northeast Multispecies Fishery Management Plan for Essential Fish Habitat. In New England Fishery Management Council and National Marine Fisheries Service, 62 CFR NEFMC SSC 2010a. Technical Review of the Analyses to Support Essential Fish Habitat (EFH) Omnibus Amendment 2. Scientific and Statistical Committee. New England Fisheries Management Council, 50 Water Street, Newburyport, MA NEFMC SSC 2010b. White Paper on Ecosystem-Based Fisheries Management for New England Fisheries Management Council. Prepared by Scientific and Statistical Committee, NEFMC. October NEFOP NEFSC Assessment of 19 Northest Groundfish Stocks through 2007: Report of the 3rd Groundfish Assessment Review Meeting (GARM III). Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. NEFSC th Northeast Regional Stock Assessment Workshop (50th SAW): Assessment Report. Northeast Fisheries Science Center Reference Document pp NEFSC nd Northeast Regional Stock Assessment Workshop (52nd SAW): Assessment Report. Northeast Fisheries Science Center Reference Document pp NEFSC 2011c. Standardized Bycatch Reporting Methodology Annual Discard Report. Section 2. Northeast Fisheries Science Center. 166 Water Street, Woods Hole, MA NEFSC 2011b. Standardized Bycatch Reporting Methodology Annual Discard Report. Section 1. Northeast Fisheries Science Center. 166 Water Street, Woods Hole, MA

89 NEFSC 2012a. Assessment or data updates of 13 Northeast Groundfish Stocks through Northeast Fisheries Science Center Reference Document pp NEFSC 2012b. 53rd Northeast Regional Stock Assessment Workshop (53rd SAW): Assessment Summary Report. Northeast Fisheries Science Center Reference Document pp NEFSC 2013b. Northeast Fisheries Science Center. 56th Northeast Regional Stock Assessment Workshop (56th SAW) Assessment Report. US Dept Commer, Northeast Fish Sci Cent Ref Doc ; 868 p. Available from: National Marine Fisheries Service, 166 Water Street, Woods Hole, MA , or online at NEFSC 2013c. Update of Skate Stock Status Based on NEFSC Bottom Trawl Survey Data through Autumn 2012 and Spring 2013 (July 2, 2013). Northeast Fisheries Science Center, 166 Water Street, Woods Hole, MA NEFSC Summary Report of the 59th Northeast Regional Stock Assessment Review Committee (SARC 59). Northeast Fisheries Science Center. 29 pp NEFSC NE Skate Stock Status Update. Northeast Fisheries Science Center, 166 Water Street, Woods Hole, MA NEFSC 2013a. 55th Northeast Regional Stock Assessment Workshop (55th SAW): Assessment Summary Report. Northeast Fisheries Science Center Reference Document pp NEFMC & NMFS Amendment 13 to the Northeast Multispecies Fishery Management Plan including a Final Supplemental Environmental Impact Assessment and an Initial Regulatory Flexibility Analysis. Pp I-31 I-50. NERO Northeast Sink Gillnet Fisheries Notice, Harbor Porpoise Consequence Closure Area Update. Northeast Region Bulletin. October p. NERO Northeast Sink Gillnet Fisheries Reminder: Coastal Gulf of Maine Closure Area. Northeast Fishery Bulletin. January p. Nies, T New England Fisheries Management Council. Executive Director. Personal Communication. NMFS Bottlenose Dolphin (Tursiops truncatus): Western North Atlantic Stock. October Harbor Porpoise Take Reduction Plan Consequence Closure Areas. NOAA Fisheries Service: Protected Resources Division. NMFS 2010b. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments National Marine Fisheries Service. NOAA Technical Memorandum NMFS-NE p. NMFS 2011b. U.S National Bycatch Report. National Marine Fisheries Service, U.S. Department of Commerce. NMFS 2012c. Status of U.S. Fisheries. NOAA Fisheries - Office of Sustainable Fisheries. NMFS 2012d. List of Fisheries: Northeast Sink Gillnet Fishery. 89

90 NMFS 2012e. Proactive Conservation Program: Species of concern. NMFS Status of U.S. Fisheries. NOAA Fisheries - Office of Sustainable Fisheries. NMFS Harbor Porpoise Take Reduction Plan, Final Rule. NOAA Fisheries Service. 50 CFR Part 229: 1998 (63). 27 p NMFS Hooded Seal (Cystophora cristata): Western North Atlantic stock. NMFS Species of concern - Altantic halibut, Hippoglossus hippoglossus. NOAA National Marine Fisheries Service. NMFS 2011a. Fish Stocks in Rebuilding Plans: A Trend Analysis. NOAA Fisheries: Office for Sustainable Fisheries. 9 pp. NMFS 2012b. Framework Adjustment 47 to the Northeast Multispecies FMP; Proposed Rule. Pages 331 in N. O. a. A. Administration, editor. New England Fishery Management Council, Federal Register. NOAA Magnuson-Stevens Act Provisions; Annual Catch Limits; National Standard Guidelines; Final Rule. In 50 CFR Part 600, Federal Register, Vol.74. NOAA NOAA Office of Science and Technology, National Marine Fisheries Service, Commercial Fisheries Statistics. Landings Data Request: Multispecies FMP landings by gear NOAA 2013a. NE Multispecies Information Sheet Landing/Possession Limits. February NOAA. 2013b. Proposed rule; request for comments. Taking of Marine Mammals Incidental to Commercial Fishing Operations; Harbor Porpoise Take Reduction Plan Regulations AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. OLE Website - Orphanides, C.D., 2012a. Update on Harbor Porpoise Take Reduction Plan Monitoring Initiatives: Compliance and Consequential Bycatch Rates from June 2009 through May National Oceanic Atmospheric Administration, National Marine Fisheries Service, Northeast Fisheries Science Center, 28 Tarzwell Dr., Narragansett RI USA Orphanides, C.D. 2012b. New England harbor porpoise bycatch rates during associated with Consequence Closure Areas. Northeast Fisheries Science Center Reference Document Orphanides, C.D., & Magnusson, G.M., Characterization of the Northeast and Mid-Atlantic Bottom and Midwater Trawl Fisheries Based on Vessel Trip Report (VTR) Data. Northeast Marine Fisheries Science Center Reference Document National Marine Fisheries Service, Woods Hole Lab, 166 Water St, Woods Hole MA Rago, P., & Sosebee, K Update on the Status of Spiny Dogfish in 2011 and Initial Evaluation of Alternative Harvest Strategies. Mid Atlantic Fisheries Management Council, Science and Statistical Center, September 11,

91 Rulifson, R.A., Spiny dogfish mortality induced by gill-net and trawl capture and tag and release. North American Journal of Fisheries Management. 27: pp SAI Global Assurance Services Marine Stewardship Council Assessment Final Report and Determination for the US Acadian Redfish, Pollock and Haddock Otter Trawl Fishery on On behalf of Sustainable Groundfish Association, Inc. Seafood Watch Seafood Watch Criteria for Fisheries. Version January 18, Shelley, P Mega Million, fishery-style. Conservation Law Foundation. Shepherd, G.R., Estimation of Striped Bass Discards in the Multispecies Groundfish Fishery during the 2002 Fishing Year (May 2002-April 2003). Northeast Fisheries Scinece Center Reference Document Sosebee, K Status of Fishery Resources off the Northeastern US: Skates. Northeast Fisheries Science Center, NOAA. Sosebee, K NE Skate Stock Status Update. Northeast Fisheries Science Center, NOAA. Stiles, M.L., Ylitalo-Ward, H., Faure, P., Hirshfield, M.F., There s no place like home: Deep seafloor ecosystems of New England and the Mid-Atlantic. Oceana. Terceiro, M., 2012a. Stock Assessment of Summer Flounder for Northeast Fisheries Science Center Reference Document October US Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Northeast Fisheries Science Center, Woods Hole, MA. Terceiro, M., 2012b. Stock Assessment of Scup (Stenotomus chrysops) for Northeast Fisheries Science Center Reference Document October US Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Northeast Fisheries Science Center, Woods Hole, MA. TRAC Georges Bank tail Flounder Status Report 2012/01 (Revised). Fisheries and Oceans Canada & NOAA Fisheries. 8pp Waring, G.T., Josephson, E., Maze-Foley, K., & Rosel P.E., U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA Fisheries, US Department of Commerce, Woods Hole, Massachusetts. Waring, G.T., Josephson, E., Maze-Foley, K., & Rosel, R.E., Editors U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments Volume 1. March Waring, G.T., Josephson, E., Maze-Foley, K., & Rosel, P.E., Editors. 2013b. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments Revised Stock Assessments. Waring, G.T., Josephson, E., Maze-Foley, K., & Rosel, R.E., Editors U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments NOAA Technical Memorandum NMFS-NE

92 Appendix A: Extra By Catch Species ATLANTIC HALIBUT Factor Inherent Vulnerability GULF High Atlantic halibut has a FishBase vulnerability score of 88 (Froese & Pauly 2012). Factor Abundance GULF High The most recent assessment of Atlantic halibut was published in 2012, and it indicated B 2010 = 1,700 MT and B MSY = 49,000 MT. Therefore, the stock is not considered overfished, with B 2010/B MSY = (NEFSC 2012c). Atlantic halibut is considered a species of concern by NMFS (NMFS 2012c). We have scored this as "high" concern. Factor Fishing Mortality GULF Moderate Gulf of Maine/Georges Bank Atlantic halibut is in year 8 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 = and F = , so F /F = and 2010 MSY 2010 MSY 92

93 overfishing was not occurring (NEFSC 2012a). But F REBUILD, the target fishing pressure if the stock is to be rebuilt by 2056, is (Col & Legault 2009); thus, although F 2010/F REBUILD = 0.73, fishing mortality exceeded F REBUILD in 6 of the last 10 years for which data were available, and the average value of F for this time was , slightly above F REBUILD (NEFSC 2012a). Also, F REBUILD is likely to be highly optimistic (see Detailed Rationale below). Discards of halibut are a low proportion of the landings for all the gears assessed here (< 0.1%) (NMFS 2011b). But discards of halibut have been increasing and now outweigh landings, partly because of the increase in minimum landing size in 1999 and 2004, and the introduction of the retention limit (NEFSC 2012a). This factor is scored as "moderate" concern. 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; thus, because the mean age of maturity for females is 7.3 years, 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 U.S.-Canadian Atlantic halibut stock, because there is strong evidence that halibut is capable of long-distance movements and of crossing U.S.-Canada boundaries in substantial numbers, and this dynamic is unaccounted for by the current model (Col & Legault 2009). Factor Discard Rate GULF 40-60% Discards from the large mesh otter trawl fishery largely consist of skate species and spiny dogfish (NMFS 2011b). Skate species are believed to have a higher post-release survival rate than other fish species. A recent study revealed that the 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). Because of the uncertainty about which skate species are discarded during the groundfish fishery, a precautionary assumption is made that they are all smooth skate; this results in an overall discard rate of 43%. It is worth noting that, in recent years, fishers have been adopting more selective gears in an attempt to reduce bycatch of non-target, low abundance species. Separator trawls and Ruhle trawls are designed to take advantage of the different behaviors of different species: catching species such as haddock that tend to swim upward and allowing the release of species that tend to swim down during capture, such as cod and flatfish % 93

94 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%. BARNDOOR SKATE Factor Inherent Vulnerability UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF High The barndoor skate has a FishBase vulnerability score of 77 (Froese & Pauly 2012). Factor Abundance UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF UNITED STATES OF AMERICA/NORTHWEST ATLANTIC, SET LONGLINES, UNITED STATES OF AMERICA, GULF Low B/B MSY = 0.69 (NMFS 2012c); current abundance is believed to be between the biomass target and the limit reference point (Figure 17). NMFS classifies the stock as not overfished and rebuilding. We have awarded a score of "low" concern. 94

95 Figure 15 Figure 15: 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

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