US Atlantic Bottom Trawl & Gillnet

Transcription

1 0 Commercially Important Atlantic Flatfishes American plaice (Hippoglossoides platessoides) Atlantic halibut (Hippoglossus hippoglossus) Summer flounder (Paralichthys dentatus) Windowpane flounder (Scophthalmus aquosus) Winter flounder (Pseudopleuronectes americanus) Witch flounder (Glyptocephalus cynoglossus) Yellowtail flounder (Limanda ferruginea) Atlantic halibut, Illustration Monterey Bay Aquarium US Atlantic Bottom Trawl & Gillnet December 20, 2012 Michael Hutson, Consulting Researcher Disclaimer Seafood Watch strives to ensure all our Seafood Reports and the recommendations contained therein are accurate and reflect the most up-to-date evidence available at time of publication. All our reports are peerreviewed for accuracy and completeness by external scientists with expertise in ecology, fisheries science or aquaculture. Scientific review, however, does not constitute an endorsement of the Seafood Watch program or its recommendations on the part of the reviewing scientists. Seafood Watch is solely responsible for the conclusions reached in this report. We always welcome additional or updated data that can be used for the next revision. Seafood Watch and Seafood Reports are made possible through a grant from the David and Lucile Packard Foundation.

2 1 Final Seafood Recommendation This report covers American plaice, Atlantic halibut, summer flounder, windowpane flounder, winter flounder, witch flounder, and yellowtail flounder caught by the US commercial fleet in the Northwest Atlantic using bottom trawls, as well as winter flounder and yellowtail flounder caught by the US fleet with gillnets in the Gulf of Maine. American plaice, summer flounder, winter flounder caught by bottom trawl, and windowpane flounder from Southern New England and the Mid-Atlantic (approximately 75% of US Atlantic flatfish landings) are Good Alternatives. Avoid Atlantic halibut, witch flounder, yellowtail flounder, winter flounder caught by bottom gillnet, and windowpane flounder from the Gulf of Maine and Georges Bank (approximately 25% of US Atlantic flatfish landings). Scoring note scores range from zero to five where zero indicates very poor performance and five indicates the fishing operations have no significant impact. Species/ Stock Gear/ Region Impacts on the Stock Impacts on other Species Management Habitat and Ecosystem Overall Rank Score Lowest scoring species Rank*, Subscore, Score Rank Score Rank Score Recommendation Score American Plaice NE Large- Mesh Otter Trawl Green 4.47 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 GOOD ALTERNATIVE 2.68 Atlantic Halibut NE Large- Mesh Otter Trawl Red 2.16 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 AVOID 2.24 Summer Flounder NE Large- Mesh Otter Trawl Green 5 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 GOOD ALTERNATIVE 2.76 Summer Flounder MA Large- Mesh Otter Trawl Green 5 Loggerhead Sea Turtle Red, 1,0.9 Green 3.46 Yellow 2.6 GOOD ALTERNATIVE 2.59 Windowpane Flounder - GoM/GB NE Large- Mesh Otter Trawl Red 1.41 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 AVOID 2.01

3 2 Windowpane Flounder - SNE/MAB NE Large- Mesh Otter Trawl Green 3.83 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 GOOD ALTERNATIVE 2.58 Windowpane Flounder - SNE/MAB MA Large- Mesh Otter Trawl Green 3.83 Loggerhead Sea Turtle Red, 1,0.9 Green 3.46 Yellow 2.6 GOOD ALTERNATIVE 2.42 Winter Flounder - GB NE Large- Mesh Otter Trawl Green 4.47 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 GOOD ALTERNATIVE 2.68 Winter Flounder - GoM NE Large- Mesh Otter Trawl Green 3.87 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 GOOD ALTERNATIVE 2.59 Winter Flounder - GoM NE Large- Mesh Gillnet Green 3.87 Harbor Porpoise Critical, 0,0 Yellow 3 Yellow 3.12 AVOID 0 Winter Flounder - SNE/MA NE Large- Mesh Otter Trawl Yellow 2.71 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 GOOD ALTERNATIVE 2.37 Winter Flounder - SNE/MA MA Large- Mesh Otter Trawl Yellow 2.71 Loggerhead Sea Turtle Red, 1,0.9 Green 3.46 Yellow 2.6 GOOD ALTERNATIVE 2.22 Witch Flounder NE Large- Mesh Otter Trawl Red 1.41 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 AVOID 2.01 Witch Flounder MA Large- Mesh Otter Trawl Red 1.41 Loggerhead Sea Turtle Red, 1,0.9 Green 3.46 Yellow 2.6 AVOID 1.89 Yellowtail Flounder - CC/GoM NE Large- Mesh Otter Trawl Red 1.41 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 AVOID 2.01 Yellowtail Flounder - CC/GoM NE Large- Mesh Gillnet Red 1.41 Harbor Porpoise Critical, 0,0 Yellow 3 Yellow 3.12 AVOID 0 Yellowtail Flounder - GB NE Large- Mesh Otter Trawl Red 1.41 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 AVOID 2.01

4 3 Yellowtail Flounder - SNE/MA NE Large- Mesh Otter Trawl Red 1.41 Atlantic Cod - GB Red, 1.41,1.27 Yellow 3 Yellow 2.74 AVOID 2.01 Yellowtail Flounder - SNE/MA MA Large- Mesh Otter Trawl Red 1.41 Loggerhead Sea Turtle Red, 1,0.9 Green 3.46 Yellow 2.6 AVOID 1.89

5 4 Table of Contents Final Seafood Recommendation... 1 Introduction... 7 Analysis Criterion 1: Stock for which you want a recommendation Criterion 2: Impacts on other retained and bycatch stocks Criterion 3: Management effectiveness Criterion 4: Impacts on the habitat and ecosystem Overall Recommendation Acknowledgements Appendix A: Supplementary Tables and Figures Appendix B: Review Schedule About Seafood Watch Guiding Principles

6 5 Executive Summary This report focuses on the primary flatfish species landed and sold on the US market, both currently and historically (e.g., Atlantic halibut). The scope of this analysis and ensuing recommendation includes American plaice, Atlantic halibut, summer flounder, windowpane flounder, winter flounder, witch flounder, and yellowtail flounder caught by the US commercial fleet in the Northwest Atlantic using bottom trawls, as well as winter flounder and yellowtail flounder caught by the US fleet with gillnets in the Gulf of Maine. American plaice and Atlantic halibut are large, slow-growing fish that are highly sensitive to overfishing. Atlantic halibut, in particular, was extremely depleted over the course of the 19 th and early 20 th centuries, and has never recovered. Fishing levels have fluctuated around the level projected to allow for rebuilding of the stock by 2056, but there is significant uncertainty in this estimate. American plaice abundance is a low conservation concern, but fishing pressure is at a more sustainable level. Summer flounder is inherently, moderately vulnerable to fishing pressure, and the stock has recently been rebuilt to target levels; abundance and fishing mortality are of very low conservation concern. Windowpane flounder is moderately vulnerable to fishing pressure, but the abundance and fishing mortality of the northern stock are a high conservation concern. The southern stock is a low conservation concern, although there is no information about stock structure (abundance and fishing pressure estimates for both stocks are based on relative biomass indices derived from tow surveys. Winter flounder has low inherent vulnerability to fishing pressure, but stock abundance ranges from high concern in the Southern New England/Mid-Atlantic stock to low concern in the Georges Bank stock, and moderate concern in the Gulf of Maine. As fishing pressure is a very low concern in Georges Bank (GB) and the Gulf of Maine (GOM), both the GB and GOM stocks rank as healthy. Fishing pressure is a low concern in Southern New England (SNE) and the Mid-Atlantic (MA). Witch flounder and yellowtail flounder are both moderately vulnerable to fishing pressure, but the abundance and fishing mortality of all stocks is of high conservation concern. The New England and Mid-Atlantic large-mesh otter trawl fisheries are non-selective, and result in high amounts of bycatch, including some bycatch of endangered or threatened species. The New England gillnet fishery results in takes of a number of species of concern, and contributes to mortalities of harbor porpoises in excess of the potential biological removal limit. All three fisheries regularly catch fish stocks of high concern, including witch flounder, yellowtail flounder, and cod. Consequently, Seafood Watch deems both fisheries to have severe impacts on other retained and bycatch stocks. The impact of the gillnet fishery on other retained and bycatch stocks is considered critical, due to its effects on harbor porpoises, and its poor compliance with the regulations that are in place to constrain harbor porpoise mortality. The summer flounder fishery rates as Well Managed and the Northeast multispecies fisheries rate as Moderate in terms of fishing impacts on retained species. Management goals and strategies are generally appropriate, although catch limits have been somewhat less conservative than levels that Seafood Watch deems necessary for highly appropriate

7 6 management in the Northeast multispecies fisheries. The stocks managed by the New England Fishery Management Council (NEFMC) and Mid-Atlantic Fishery Management Council (MAFMC) have generally experienced mixed (in the case of NEFMC) to positive (in the case of MAFMC) impacts, and newly implemented management measures will likely improve results further, although they have not yet been in place long enough to permit assessment of long-term impacts. Overall, the New England otter trawl and gillnet fisheries and the Mid-Atlantic otter trawl fishery have generally appropriate goals and strategies for managing fishing impacts on bycatch species, but do not unequivocally meet the standards of risk aversion and highly effective implementation and monitoring. Seafood Watch deems fishing impacts on bycatch species in these fisheries to be Moderate. Both the New England and the Mid-Atlantic large-mesh otter trawl fisheries have moderate impacts on benthic habitat. Although vessels targeting winter flounder have the potential to disturb deep, low-energy gravel and cobble habitat, and smaller vessels targeting summer or winter flounder inshore could potentially damage eelgrass beds, the majority of landings are likely to come from high-energy and non-biogenic habitats. Moreover, substantial portions of the New England fishing grounds, and some limited portions of the Mid-Atlantic fishing grounds, are off-limits to bottom trawl gears for all or part of the year, and there are effective effort control programs in place. There are fewer mitigating measures in place for the New England gillnet fishery, with the exception of effort controls and limited areas closed to gillnets, but this form of fishing is generally much less harmful to the seafloor than bottom trawling can be. Overall ecosystem impacts of the fisheries are still poorly understood, and direct accounting for food web dynamics within the stock assessment and management process currently ranges from limited to nonexistent. However, the New England Fishery Management Council has initiated a five-year strategy to transition to ecosystem-based management, and the Mid-Atlantic Fishery Management Council is expected to follow suit shortly.

8 7 Introduction Scope of the analysis and ensuing recommendation There are many commercially important flatfishes caught in the Atlantic basin. This report focuses on the primary flatfish species landed and sold on the US market, both currently and historically (e.g., Atlantic halibut, Hippoglossous hippoglossus). The scope of this analysis and ensuing recommendation includes American plaice (Hippoglossoides platessoides), Atlantic halibut, summer flounder (Paralichthys dentatus), windowpane flounder (Scophthalmus aquosus), winter flounder (Pseudopleuronectes americanus), witch flounder (Glyptocephalus cynoglossus), and yellowtail flounder (Limanda ferruginea) caught by the US commercial fleet in the Northwest Atlantic using bottom trawls, as well as winter flounder and yellowtail flounder caught by the US fleet with gillnets in the Gulf of Maine. Overview of the species and management bodies Flatfishes are a monophyletic group, consisting of 14 families, 134 genera and about 678 species worldwide (Nelson 2006). As the name implies, individuals in this order (Pleuronectiformes) generally lay flat, with skull development in the larval stage causing the migration of one eye around the head and distinct pigmentation between sides (bottom-facing side white, upward facing side pigmented for camouflage). Flounders, soles, turbots, halibuts, sanddabs, plaices, and tonguefishes are included under the umbrella term flatfish ; when combined with provincial common names, taxonomy can become confusing. Most commercially important flatfishes in the Atlantic are from the family Pleuronectidae (right-eye flounders), comprised of 23 genera and about 60 species, including witch, winter, and yellowtail flounder, American plaice, and Atlantic halibut (Nelson 2006). Other important families include Paralichthyidae (lefteyed sand flounders, including summer flounder) and Scophthalmidae (turbots, including windowpane flounder) (Collette and Klein-MacPhee 2002, Nelson 2006). Northwest Atlantic flatfish fisheries in US federal waters (3-200 nm offshore) are managed under Fishery Management Plans (FMPs) by the National Marine Fisheries Service (NMFS) and its advisory bodies, the New England Fishery Management Council (NEFMC) and Mid-Atlantic Fishery Management Council (MAFMC). The summer flounder fishery is managed under the MAFMC s Summer Flounder, Scup, and Black Sea Bass FMP. Federal fisheries for all other commercially important Atlantic flatfishes are regulated under the NEFMC s Northeast Multispecies Groundfish FMP, which covers the catch of 15 species and 24 stocks along the US Atlantic coast (Fig. 1). States also actively manage nearshore fisheries in state waters (nearshore to 3 nm, particularly for summer and winter flounder. The states coordinate management through the Atlantic States Marine Fisheries Commission (ASFMC). Under the Northeast Multispecies FMP, there are twelve species of groundfish (including flatfish) managed within the large-mesh program: Atlantic cod, haddock, pollock, yellowtail flounder, witch flounder, winter flounder, windowpane flounder, American plaice, Atlantic halibut, redfish, ocean pout and white hake. In addition, a number of other species are captured by the

9 8 groundfish fisheries and either retained or released. A list of other retained and bycatch species caught in each fishery, and their status, is provided in Criterion 2 of this report. Figure 1. Map of the northwest Atlantic, including the major sub regions (Image courtesy of NEFSC). The New England groundfish fishery has existed since colonial times. The first colonial fishermen used small sailing dories and caught mostly cod by hook and line, salting their product as a means of preservation (Collette and Klein-MacPhee 2002). By the mid-1800s, the transition to ice in lieu of salt, combined with burgeoning consumer demand, enabled the exploitation of Atlantic halibut (Grasso 2008); the localized depletions of the 1850s blossomed to region-wide decimation by the end of the century, and halibut stocks have yet to recover from this collapse (Grasso 2008). Sailboats gave way to steamships, and the use of otter trawls and onboard refrigeration, beginning in the early 1900s, revolutionized the fishery (National Research Council 1998). After World War I, fishers began to target a wider variety of species, including haddock, yellowtail and winter flounders. Due to increased demand, groundfish landings increased during World War II to the point that the Southern New England yellowtail flounder stock collapsed by 1949 (National Research Council 1998). Exploitation accelerated further in the 1960s, particularly as a result of increased effort by distant-water factory trawlers from Russia, Spain, and other European nations (National Research Council 1998). Prompted by concerns about overfishing,

10 9 the US created the first 200-mile Exclusive Economic Zone (EEZ) along its Atlantic coastline in 1977 (Fig. A1), and thereafter encouraged the growth of the domestic fishery. Canada also created a 200-mile EEZ. Conflicts persisted over the US/Canada maritime boundary until the demarcation of the Hague Line in 1985 (National Research Council 1998). Once the US EEZ was established, domestic fishing grew rapidly. From 1975 to 1980, the number of vessels in the US groundfish fleet nearly doubled, from around 600 to over 1,100 (Brodziak and Link 2002). Fishing pressure continued to intensify as technology advanced and fishing capital increased. Exploitation rates were highest in the early 1990s; the same years that stock biomass reached record lows (Collette and Klein-MacPhee 2002). Spurred by new provisions in the Magnuson- Stevens Fishery Conservation and Management Act (MSA), a number of FMP amendments and framework adjustments have recently been implemented to end overfishing and rebuild overfished stocks, but these measures have not yet achieved the goal of rebuilding all depleted stocks. Current Fishery Characteristics American plaice Recreational and foreign catch of American plaice is insignificant (O'Brien 2006), and the otter trawl fleet accounts for more than 95% of landings (NEFSC 2008b) (Fig. A2, A9). Atlantic halibut There is no directed fishery for halibut, although permit holders may land a minimal amount per trip (Fig. A3). Over , incidental capture as bycatch accounted for nearly 60% of all Atlantic halibut catch (Col and Legault 2009). Of the 2007 landings, US fishermen landed 42% and Canadian fishermen landed 58% (Col and Legault 2009). In recent years, landings of halibut have primarily occurred in the New England otter trawl fishery, followed by hook and line fisheries, although the gillnet fisheries have also occasionally contributed a sizeable portion of landings (NEFSC 2012c, NMFS 2012a). The greatest sources of bycatch include the New England large-mesh otter trawl, New England extra-large-mesh gillnet, and New England US/Canada area large-mesh otter trawl fisheries (NMFS 2011b). Summer flounder There are two major commercial trawl fisheries for summer flounder, winter offshore and summer inshore. There is also a substantial recreational fishery for summer flounder, as it is one of the most sought after sport fish on the Atlantic coast, especially in Southern New England and the Mid-Atlantic; the recreational fishery is comparable in magnitude to the commercial fishery (Collette and Klein-MacPhee 2002, NMFS 2011a) (Fig. A4, A9). Windowpane flounder Windowpane flounder are caught primarily in bottom trawls, but directed fisheries have only occurred sporadically, likely a result of the species thin body (Hendrickson 2006). There is

11 10 currently a ban on possession of any windowpane flounder (NOAA 2011c). Recreational catches are insignificant (Hendrickson 2006), and since 2003, discards, primarily from the large-mesh bottom trawl fleet, have accounted for 80% 89% of the total catch in the southern stock and 88% 95% of the total catch in the northern stock (NEFSC 2008b) (Fig. A5). Winter flounder Winter flounder is caught primarily with otter trawls, although approximately 25% of landings in the Gulf of Maine are from gillnets (NEFSC 2008b). Recreational fishing occurs in harbors, estuaries, and other sheltered situations, as well as from bridges, piers, and small boats (Collette and Klein-MacPhee 2002).In recent years, the recreational catch sharply declined and has been minimal (NEFSC 2008b) (Fig. A6, A9). There is currently a ban on possession of Southern New England/Mid-Atlantic winter flounder (CFR Title , NOAA 2012a). Witch flounder Witch flounder are caught primarily with otter trawls; gillnets account for less than 5% of landings (NEFSC 2008b). Although few fishermen distinguished them from other flounders and kept no records of their catch as recently as the early 20 th century, witch flounder are now known to be an excellent table fish and in such demand that they bring a higher price than yellowtail flounder or American plaice (Collette and Klein-MacPhee 2002) (Fig. A7, A9). Yellowtail flounder Yellowtail flounder are caught primarily by otter trawl, although some are also landed by gillnets in the Cape Cod/Gulf of Maine stock from late fall to spring (Collette and Klein-MacPhee 2002, Legault and Cadrin 2006) (Fig. A8, A9). Production statistics Atlantic flatfish landings peaked in the early 1980s, and have generally declined ever since (NMFS 2012a, Fig. 2, 3). The declines are probably due to the combination of stock collapses, as in the case of Atlantic halibut, and recently tightening regulations, such as the possession limits and bans for halibut, windowpane flounder, and certain stocks of winter flounder, implemented, thanks to firm rebuilding requirements mandated by the 1996 reauthorization of the MSA. The Atlantic flatfish include some highly valued species, with winter flounder, summer flounder, witch flounder, and Atlantic halibut, each fetching ex-vessel prices of around $2/lb or more (Fig. 4, NMFS 2012a); Atlantic halibut in particular is worth nearly $6/lb, but landings are strictly regulated. In 2010, US vessels landed approximately 101,960 mt of flatfish at US ports (NMFS 2012a). Of this total, the species that are the subject of this report comprised 9,614 mt, consisting primarily of summer flounder (4,469 mt), winter flounder (1,587 mt), American plaice (1,413 mt), and yellowtail flounder (1,318 mt) (NMFS 2012a). The bulk of the US market is dominated by Pacific flatfishes, including Pacific halibut (Hippoglossus stenolepis) and various soles (NMFS 2012a).

12 11 Figure 2. US landings of commercially important Atlantic flatfish species from 1950 to 2010 (NMFS 2012a). Figure 3. The value of Atlantic flatfish landings in the US, from 1950 to 2010 (NMFS 2012a).

13 12 Figure 4. Comparison of ex-vessel values of Atlantic flatfish in 2010 (NMFS 2012a). Importance to the US/North American market The US imported a total of 36,907,051 kg of flatfish products worth $219,463,820 in 2010, and exported a total of 44,087,518 kg of flatfish worth $153,093,530 (not counting a small amount of flatfish products that were imported and immediately re-exported). The two largest sources of imports, both by weight and by value, were China and Canada (Fig. 5). The four largest consumers of US flatfish exports in 2010, both by weight and by value, were Canada, China (including Hong Kong), Japan, and South Korea (Fig. 6) (NMFS 2012a). Canadian exports of flatfish to the US consisted mainly of winter, witch, and yellowtail flounder, and American plaice, from fisheries that operate off the coasts of Labrador, Newfoundland and Nova Scotia (Gulf of St. Lawrence). Canadian-caught Atlantic halibut comprised approximately 4.5% (1,679 mt) of all flatfish imports to the US in 2010, reflecting greater landings of Atlantic halibut in Canadian fisheries than in US fisheries (21 mt in 2010) (NMFS 2012a). The origin of Chinese flatfish imports is unknown, as they are not identified by species 1 ; large amounts of US seafood exports to China are known to be re-exported back to the US after processing, due to cheap labor costs (Sánchez et al. 2008), but the extent to which Atlantic flatfish take this route to the US market is unknown, and possibly quite limited. 1 The majority of Chinese flatfish imports were recorded as sole, which is likely to be of Pacific origin, since several species of sole (rock, yellowfin, flathead, etc.) are landed in high volume in the Bering Sea/Gulf of Alaska region.

14 13 Figure 5. Total flatfish available on US market in 2010: domestic (US landings of all flatfish species) and imported flatfish seafood products. Others includes (in alphabetical order) Argentina, Iceland, Mexico, and numerous other countries (NMFS 2012a). Figure 6. Total US flatfish exports in Others includes (in alphabetical order) Japan, Russia, Thailand, Ukraine, and numerous other countries (NMFS 2012a). Common and market names American plaice is also known as dab (O'Brien 2006). Summer flounder, also known as fluke or northern fluke, is often marketed simply as flounder or fluke; however, several other species, including southern flounder, smalleye flounder, and European flounder, are also marketed as fluke (NMFS 2011a). Winter flounder is also referred to or marketed as flounder, sole, lemon sole, Georges Bank flounder, and blackback flounder (NMFS 2011a). Witch flounder is marketed as gray sole or Craig fluke (Froese and Pauly). Yellowtail flounder, sometimes referred to as rusty dab or sand dab, is often sold simply as flounder (NMFS 2011a). When used for sushi or sashimi, Atlantic flatfishes are commonly sold as hirame.

15 14 Primary Product Forms Flatfishes may be marketed as fresh or frozen fillets, blocks, whole, or value-added (e.g., breaded).

16 15 Analysis Scoring guide All scores result in a zero to five final score for the criterion and the overall final rank. A zero score indicates poor performance, while a score of five indicates high performance. The full Seafood Watch Fisheries Criteria scores are available on our website at Criterion 1: Stock for which you want a recommendation Guiding principles The stock is healthy and abundant. Abundance, size, sex, age and genetic structure should be maintained at levels that do not impair the long-term productivity of the stock or fulfillment of its role in the ecosystem and food web. Fishing mortality does not threaten populations or impede the ecological role of any marine life. Fishing mortality should be appropriate given current abundance and inherent vulnerability to fishing, while accounting for scientific uncertainty, management uncertainty, and non-fishery impacts such as habitat degradation. Summary Stock Inherent Stock Status Fishing Criterion 1 Vulnerability Mortality Rank Rank (Score) Rank (Score) Rank Score American Plaice High Low Concern (4) Very Low Concern (5) Green 4.47 Atlantic Halibut High High Concern (2) Moderate Concern (2.33) Red 2.16 Summer Flounder Windowpane Flounder - Windowpane Flounder - Medium Medium Medium Very Low Very Low Concern (5) Concern (5) High Concern High Concern (2) (1) Low Concern Low Concern (4) (3.67) Green 5 Red 1.41 Green 3.83

17 16 Winter Flounder - GB Low Winter Low Flounder - Winter Low Flounder - Witch Medium Flounder Yellowtail Medium Flounder - Yellowtail Flounder - GB Medium Yellowtail Flounder - Medium SNE/MA Justification of Ranking Low Concern Very Low (4) Concern (5) Moderate Very Low Concern (3) Concern (5) High Concern Low Concern (2) (3.67) High Concern High Concern (2) (1) High Concern High Concern (2) (1) High Concern High Concern (2) (1) High Concern (2) High Concern (1) Green 4.47 Green 3.87 Yellow 2.71 Red 1.41 Red 1.41 Red 1.41 Red 1.41 Factor 1.1 Inherent Vulnerability American plaice Key relevant information: High The FishBase vulnerability score for American plaice is 63 (Froese and Pauly). Atlantic halibut Key relevant information: High The FishBase vulnerability score for Atlantic halibut is 88 (Froese and Pauly). Summer flounder Key relevant information: Medium FishBase vulnerability score is 47 (Froese and Pauly). Windowpane flounder Key relevant information: Medium FishBase vulnerability score is 43 (Froese and Pauly). Winter flounder Key relevant information: Low FishBase vulnerability score is 34 (Froese and Pauly). Witch flounder Key relevant information: Medium FishBase vulnerability score is 51 (Froese and Pauly).

18 17 Yellowtail flounder Key relevant information: Medium FishBase vulnerability score is 37 (Froese and Pauly). Factor 1.2 Stock status American plaice Gulf of Maine & Georges Bank Key relevant information: Low Concern The most recent assessment of American plaice was published in 2012, and it indicated SSB 2010 = 10,805 mt and SSB MSY = 18,398 mt so the stock was therefore not overfished with B 2010 /B MSY = (NEFSC 2012c), and rebuilding (NMFS Status of Fisheries). Detailed rationale: Figure 7. Gulf of Maine/Georges Bank American plaice spawning stock biomass (SSB) and fishing mortality (F) estimates during , along with 80% confidence intervals for 2007 estimates, from GARM III assessment in 2008 (blue circles). Green diamond shows 2007 SSB and F estimates adjusted for retrospective pattern, and open squares show projected SSB and F, along with 80% confidence intervals. Adapted from (NMFS 2012b).

19 18 Atlantic halibut Gulf of Maine & Georges Bank Key relevant information: High Concern 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 so the stock was therefore considered overfished with B 2010 /B MSY = (NEFSC 2012c). Atlantic halibut is also considered a species of concern by NMFS (NMFS 2012c). Detailed rationale: Figure 8. Gulf of Maine/Georges Bank Atlantic halibut biomass (B) and fishing mortality (F) estimates during , along with 80% confidence intervals for 2007 estimates, from GARM III assessment in 2008 (blue circles). Open squares show projected SSB and F, along with 80% confidence intervals. Adapted from (NMFS 2012b). Summer flounder Atlantic coast, Maine to North Carolina Key relevant information: Very Low Concern In 2010, summer flounder spawning stock biomass (SSB) was estimated to be 60,238 mt, just above the target reference point of SSB MSY = SSB 35% = 60,074 (Terceiro 2011b), resulting in SSB current /SSB MSY = As of March 29, 2012, NMFS listed Mid-Atlantic coast summer flounder as rebuilt (NMFS 2012d).

20 19 Detailed rationale: Figure 9. Summer flounder SSB during Adapted from (ASFMC 2011). Windowpane flounder - Gulf of Maine and Georges Bank Key relevant information: High Concern The most recent assessment of northern windowpane flounder was published in 2012, and it indicated B 2010 index proxy = 0.46 kg/tow and B MSY index proxy = 1.6 kg/tow so northern windowpane flounder was therefore considered overfished with B 2010 /B MSY = 0.29 (NEFSC 2012c). Detailed rationale: No stock structure information (i.e., age and sex structure of the stock) is available for either stock of windowpane flounder, and neither has ever been assessed as part of Stock Assessment Workshop/Stock Assessment Review Committee (SAW /SARC) process; instead, the 2008 Groundfish Assessment Review Meeting (GARM III), which is similar to the SAW/SARC, included an index-based assessment of the stock (NEFSC 2012c). The median of the NEFSC fall survey biomass indices between 1975 and 1987 was selected as a B MSY proxy based on trends in relative fishing mortality rates and NEFSC fall survey biomass indices (NEFSC 2008b).

21 20 Figure 10. Gulf of Maine/Georges Bank windowpane flounder fall biomass index (B) and relative exploitation rate (F) during , from GARM III assessment in 2008 (blue circles). Overfished status determination is based on the lagged three-year average, plotted here with a solid black line; updated biomass indices for 2008 and 2010 are also shown with open squares. Adapted from (NMFS 2012b). Windowpane flounder Southern New England and Mid-Atlantic Bight Key relevant information: Low Concern The most recent assessment of southern windowpane flounder was published in 2012, which indicated B 2010 index proxy = 0.35 kg/tow and B MSY index proxy = 0.24 kg/tow so southern windowpane flounder was therefore considered not overfished with B 2010 /B MSY = 1.46, and, therefore, rebuilt (NEFSC 2012c). A lack of a thorough stock assessment prevents the highest score from being achieved. Detailed rationale: No stock structure information (i.e., age and sex structure of stock) is available for either stock of windowpane flounder, and neither has ever been assessed as part of the SAW/SARC process, although the GARM III included an index-based assessment of the stock (NEFSC 2012c). The

22 21 median of the NEFSC fall survey biomass indices between 1975 and 1987 was selected as a B MSY proxy based on trends in relative fishing mortality rates and NEFSC fall survey biomass indices (NEFSC 2008b). Figure 11. Southern New England/Mid-Atlantic Bight windowpane flounder fall biomass index (B) and relative exploitation rate (F) during , from GARM III assessment in 2008 (blue circles). Overfished status determination is based on the lagged three-year average, plotted here with a solid black line; updated biomass indices for 2008 and 2010 are also shown with open squares. Adapted from (NMFS 2012b). Winter flounder Gulf of Maine Key relevant information: Moderate Concern The most recent assessment of Gulf of Maine winter flounder was the SARC 52 assessment in 2011, which estimated the stock biomass of fish larger than 30cm as B 2010 = 6,341 mt (80% confidence interval mt) (NEFSC 2011, NMFS 2012b). However, the Stock Assessment Review Committee (SARC) rejected the analytical model, and a biomass reference

23 22 point could not be estimated, leaving the stock status unknown (NEFSC 2011). As of March 29, 2012, NMFS listed Gulf of Maine winter flounder as unknown stock status, with B/B MSY proxy = 0.29 (NMFS 2012d). Detailed rationale: 52 Figure 12. Stock status of Gulf of Maine winter flounder (blue circle) with respect to the F 40% proxy for F MSY (red ticmark), from SARC 52 assessment in % confidence intervals are shown for biomass and exploitation rate. Adapted from (NMFS 2012b). Winter flounder - Southern New England & Mid-Atlantic Key relevant information: High Concern The most recent assessment of Southern New England/Mid-Atlantic winter flounder was the SARC 52 assessment in 2011, which indicated B 2010 = 7,076 mt and B MSY = 43,661 mt, so the stock was therefore considered overfished with B 2010 /B MSY = (NEFSC 2011, NMFS 2012b).

24 23 Detailed rationale: Figure 13. Southern New England/Mid-Atlantic winter flounder SSB and fishing mortality (F) estimates during reported in SARC 52 assessment (blue circles), along with 80% confidence intervals for 2010 estimates. Adapted from (NMFS 2012b). Winter flounder - Georges Bank Key relevant information: Low Concern The most recent assessment of Georges Bank winter flounder was the SARC 52 assessment in 2011, which indicated B 2010 = 9,703 mt and B MSY = 11,800 mt, so the stock was therefore considered not overfished with B 2010 /B MSY = (NEFSC 2011, NMFS 2012b). As of March 29, 2012, NMFS listed Georges Bank winter flounder as not overfished and rebuilding, in year two of a seven-year plan (NMFS 2012d).

25 24 Detailed rationale: Figure 14. Georges Bank winter flounder spawning stock biomass (B) and fishing mortality (F) estimates during , reported in SARC 52 assessment (blue circles), along with 80% confidence intervals for 2010 estimates. Adapted from (NMFS 2012b). Witch flounder Gulf of Maine & Georges Bank Key relevant information: High Concern The most recent assessment of witch flounder was published in 2012, and it indicated SSB 2010 = 4,099 mt and SSB MSY = 10,051 mt, so the stock was therefore considered overfished with B 2010 /B MSY = (NEFSC 2012c).

26 25 Detailed rationale: Figure 15. Witch flounder 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 are shown with open squares, along with 80% confidence intervals. Adapted from (NMFS 2012b). Yellowtail flounder Georges Bank Key relevant information: High Concern The most recent assessment of Georges Bank yellowtail flounder was the TRAC 2011 assessment, which indicated B 2010 = 8,802 mt and B MSY = 43,200 mt, so the stock was therefore considered overfished with B 2010 /B MSY = (TRAC 2011, NMFS 2012b).

27 26 Detailed rationale: Figure 16. Georges Bank yellowtail flounder SSB and fishing mortality (F) estimates during , from 2011 TRAC assessment, along with 80% confidence intervals for 2010 estimates. Adapted from (NMFS 2012b). Yellowtail flounder Southern New England & Mid-Atlantic Key relevant information: High Concern The most recent assessment of Southern New England/Mid-Atlantic yellowtail flounder was the GARM III assessment in 2008, which indicated B 2007 = 3,508 mt and B MSY = 27,400 mt; therefore, the stock was considered overfished with B 2007 /B MSY = 0.128; there are some signs of rebuilding from a strong 2005 year class (NEFSC 2008b, NMFS 2012b).

28 27 Detailed rationale: Figure 17. Southern New England/Mid-Atlantic yellowtail flounder 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 are shown with open squares, along with 80% confidence intervals. Adapted from (NMFS 2012b). Yellowtail flounder - Cape Cod & Gulf of Maine Key relevant information: High Concern The most recent assessment of Cape Cod/Gulf of Maine yellowtail flounder was published in 2012, and it indicated SSB 2010 = 1,680 mt and SSB MSY proxy = 7,080 mt, so the stock was therefore considered overfished with B 2010 /B MSY = (NEFSC 2012c).

29 28 Detailed rationale: Figure 18. Cape Cod/Gulf of Maine yellowtail flounder 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. Adapted from (NMFS 2012b). Factor 1.3 Fishing mortality American plaice Gulf of Maine & Georges Bank Key relevant information: Very Low Concern Since the 1970s, US fisheries have accounted for the overwhelming majority (95% 100%) of landings of American plaice in the Gulf of Maine and Georges Bank. The most recent assessment of American plaice indicated that fishing mortality had been decreasing since the 1990s, and, after adjusting for a retrospective pattern, was at a near-record low of F = 0.13 in With F MSY = 0.18, F 2010 /F MSY = 0.72, and that overfishing was therefore not occurring (NEFSC 2012c).

30 29 Atlantic halibut Gulf of Maine & Georges Bank Key relevant information: Moderate Concern Gulf of Maine/Georges Bank Atlantic halibut is in year eight of a 52-year rebuilding plan (NMFS 2012d). As of October 31, 2011, NMFS also had a possession limit of one fish per trip for Atlantic halibut (NOAA 2011c). The most recent assessment of Atlantic halibut indicated F 2010 = and F MSY = , so F 2010 /F MSY = 0.438, and overfishing was therefore not occurring (NEFSC 2012c). However, F rebuild, the target fishing pressure if the stock is to be rebuilt by 2056, is (Col and Legault 2009), so while F 2010 /F rebuild = 0.73, fishing mortality exceeded F rebuild in six of the last ten years for which data were available, and the average value of F for this time was , slightly above F rebuild (NEFSC 2012c). F rebuild is likely optimistic in the first place (see Detailed rationale, below). The halibut stock is not officially considered overfished, but fishing mortality has been fluctuating around F rebuild, and the rebuilding timeframe is both lengthy and somewhat uncertain. Detailed rationale: No directed fishery exists for halibut in federal waters, although a limited halibut fishery is permitted in Maine state waters. Amendment 9 to the NE Multispecies FMP permits a one fish possession limit (NMFS 2009b). Frebuild and the rebuilding timeframe may be highly optimistic for three reasons. First, the population model makes the unrealistic assumption that the population grows at its maximum rate, even though there are currently no indications that this is the case. Second, the model does not incorporate age structure, so the fact that the mean age of maturity for females is 7.3 years means that there will be a lag time of initial response to management measures and a slower rebuilding trajectory than projected. Third, the currently assessed Gulf of Maine/Georges Bank stock is likely a small portion of a larger US-Canadian Atlantic halibut stock, as there is strong evidence that halibut are capable of both long distance movements and crossing US-Canada boundaries in substantial numbers, and this dynamic is unaccounted for by the current model (Col and Legault 2009). Summer flounder Atlantic coast, Maine to North Carolina Key relevant information: Very Low Concern Since 2007, F has been below the summer flounder fishing mortality threshold of F MSY = 0.310; in 2010, fishing mortality was estimated to be F = (Terceiro 2011b). F current /F MSY = in 2010, and NMFS listed the Mid-Atlantic coast stock of summer flounder as not experiencing overfishing (NMFS Status of Fisheries).

31 30 Windowpane flounder Gulf of Maine and Georges Bank Key relevant information: High Concern The most recent assessment of northern windowpane flounder indicated F 2010 proxy = 0.51 and F MSY proxy = 0.44, so F 2010 /F MSY = 1.16, and that overfishing was therefore occurring (NEFSC 2012c). Northern windowpane flounder is currently in year 2 of a 7-year rebuilding plan (NMFS 2012d). As of October 2011, NMFS prohibits possession of any windowpane flounder (NOAA 2011c), so there is effectively no targeted fishery for northern windowpane. This stock is overfished and overfishing is occurring, but some management actions that are believed to be effective are in place to reduce or constrain fishing mortality. Detailed rationale: MSY was assumed to be 1,000 mt because landings greater than this amount appeared to cause declines in the biomass indices, and the F MSY proxy was calculated from the assumed MSY and B MSY values. The relative F value was computed as catch in 2007 divided by the average of NEFSC fall survey relative biomass indices during (NEFSC 2008b). Windowpane flounder Southern New England and Mid-Atlantic Bight Key relevant information: Low Concern The most recent assessment of southern windowpane flounder indicated F 2010 proxy = 1.4 and F MSY proxy = 2.09, so F 2010 /F MSY = 0.670, and that overfishing was therefore not occurring (NEFSC 2012c). Southern windowpane flounder is currently in year 8 of a 10-year rebuilding plan (NMFS 2012d). As of October 2011, NMFS prohibits possession of any windowpane flounder (NOAA 2011c), so there is effectively no targeted fishery for southern windowpane. While fishing mortality is below 75% of F MSY, and the stock is considered rebuilt, these figures are nonetheless based on proxy reference points rather than fully calculated reference points. Detailed rationale: The SNE/MAB stock appeared to be able to sustain itself at the catch levels occurring during , so MSY was assumed to be the median catch during this period, or 500 mt, and the F MSY proxy was calculated from the assumed MSY and B MSY values (NEFSC 2012c). Winter flounder Gulf of Maine Key relevant information: Very Low Concern The most recent assessment of Gulf of Maine winter flounder was the SARC 52 assessment in 2011, which indicated that the exploitation rate in 2010 was 0.03 (80% confidence interval ) and F MSY proxy = 0.31, so F 2010 /F MSY = and that overfishing was not occurring (NEFSC 2011, NMFS 2012b). While the stock status is possibly overfished, it is highly likely that fishing mortality is at or below a sustainable level and will not reduce stock productivity.

32 31 Detailed rationale: A proxy value of the overfishing threshold was derived from a length-based yield per recruit analysis that assumes all fish above 30cm are fully recruited to the fishery and that natural mortality is 0.3. Using F40% (0.31) as a proxy for F MSY, the threshold exploitation rate is Exploitation rate in 2010 was estimated at 0.03 (80% confidence interval ) which was based on the ratio of 2010 catch (195 mt) to survey based swept area estimate of biomass for winter flounder exceeding 30cm in length (6341 mt) (NEFSC 2011). Winter flounder Southern New England & Mid-Atlantic Key relevant information: Low Concern The most recent assessment of Southern New England/Mid-Atlantic winter flounder was the SARC 52 assessment in 2011, which indicated F 2010 = and F MSY = 0.290, so F 2010 /F MSY = 0.172, and that overfishing was not occurring (NEFSC 2011, NMFS 2012b). As of May 1, 2012, a zero possession limit for Southern New England winter flounder was in place for vessels with limited access NE Multispecies, open access NE Multispecies Handgear B, or limited access monkfish permits (CFR Title , NOAA 2012a). However, the stock is in year 8 of a 10- year rebuilding plan, and projections indicate less than a 1% chance that the stock will rebuild to SSB MSY by 2014.The stock remains vulnerable to increasing predation, rising sea temperatures, and weak recruitment, all of which may slow rebuilding further (NEFSC 2011). Nevertheless, it is probable that fishing mortality is at or below a sustainable level that will eventually allow the stock to recover from its current overfished status. Detailed rationale: The SARC 52 assessment in 2011 projected that the catch in 2011 would provide a median F 2011 = and median SSB 2011 = 9,177 mt; therefore, overfishing would not be occurring in 2011, either. However, projections at F = for indicate a less than 1% chance that the stock will rebuild to SSBMSY = 43,661 by 2014 (NEFSC 2011). Amendment 16 to the NE Multispecies FMP, implemented in 2010, will target a fishing mortality as close to 0 (zero) as possible for this stock. The amendment will also implement new requirements for establishing Allowable Biological Catch (ABC), Annual Catch Limits (ACLs), and Accountability Measures (AMs) for the stocks managed under the FMP (NMFS 2010a, 2012b). Since the stock is caught as bycatch in other fisheries including large-mesh, small-mesh, and scallop dredge, the only way to achieve zero fishing mortality would be to prohibit all fishing activity in the stock area, which would cause substantial adverse economic impacts to fishing communities. As the stock will likely rebuild between fishing years 2015 and 2016 when F is held as close to zero as practicable, by means of zero possession limits and selective gear restrictions, there is little difference from rebuilding time at F = 0. Therefore, closure of all fisheries in the SNE/MA winter flounder stock area would result in severe economic impacts and negligible biological benefits; instead, the NEFMC has elected to reduce fishery mortality to

33 32 the greatest extent practicable, and still make adequate progress in rebuilding the stock (NMFS 2010a). Winter flounder Georges Bank Key relevant information: Very Low Concern The most recent assessment of Georges Bank winter flounder was the SARC 52 assessment in 2011, which indicated F 2010 = (80% probability that F was between 0.12 and 0.21) and F MSY = 0.420, so F 2010 /F MSY = 0.367, and that overfishing was therefore not occurring (NEFSC 2011, NMFS 2012b). There is a zero possession limit in place for winter flounder on Georges Bank, although up to 1,000 lb of winter flounder may be landed off the Bank (NOAA 2011c). Witch flounder Gulf of Maine & Georges Bank Key relevant information: High Concern The most recent assessment of witch flounder indicated F 2010 = 0.47 and F MSY = 0.27, so F 2010 /F MSY = 1.74, and overfishing was therefore occurring (NEFSC 2012c). However, Amendment 16 to the NE Multispecies FMP, published in the US Federal Register in 2010, is expected to rebuild the stock within a reasonable timeframe. Witch flounder is overfished and overfishing is occurring, but some management actions, believed to be effective, are in place to reduce or constrain fishing mortality. Detailed rationale: Amendment 16 to the NE Multispecies FMP will adopt a broad suite of management measures to achieve fishing mortality targets. Specific to witch flounder, a rebuilding plan has been proposed which would have a 75% likelihood of rebuilding the stock by To accomplish the reduction in fishing mortality, the amendment will expand the use of sectors that have their catch limited by a quota and implement Accountability Measures (AMs) to prevent overfishing. In particular, these AMs include differential Days-At-Sea (DAS) counting to correct for over- or under-harvesting, and a transition in 2012 from an effort control fishery to one managed through hard TACs. In addition, this amendment will implement new requirements for establishing ABC, ACLs, and AMs for the stocks managed under the FMP (NMFS 2010a). Yellowtail flounder Georges Bank Key relevant information: High Concern The TRAC 2011 assessment indicated F 2010 = and F MSY = 0.254, so F 2010 /F MSY = 0.512, and overfishing was not occurring (TRAC 2011, NMFS 2012b). However, in a June 2012 Council meeting, more recent data were presented demonstrating that Georges Bank yellowtail flounder is now experiencing overfishing. F2011 is estimated at 0.31, above the reference point Fref = 0.25 (NEFMC 2012).

34 33 Detailed rationale: Amendment 16 to the NE Multispecies FMP will adopt a broad suite of management measures to achieve fishing mortality targets. Specific to Georges Bank yellowtail flounder, a rebuilding plan has been proposed which would have a 75% likelihood of rebuilding the stock by 2012, or 77% likelihood of rebuilding by 2015, depending on which assessment result is used. To accomplish the reduction in fishing mortality, the amendment will expand the use of sectors that have their catch limited by a quota and implement Accountability Measures (AMs) to prevent overfishing. In particular, these AMs include differential DAS counting to correct for over- or under-harvesting, and a transition in 2012 from an effort-control fishery to one managed through hard TACs. In addition, this amendment will implement new requirements for establishing ABC, ACLs, and AMs for the stocks managed under the FMP (NMFS 2010a). Framework Adjustment 47 to the NE Multispecies FMP, which was submitted in February of 2012, would modify the rebuilding strategy to rebuild the stock by 2032 with a 50% chance of success (NMFS 2012b). However, this framework adjustment has not yet been implemented. Yellowtail flounder - Southern New England & Mid-Atlantic Key relevant information: High Concern The most recent assessment of Southern New England/Mid-Atlantic yellowtail flounder was the 2008 GARM III assessment, which indicated F 2007 = and F MSY = 0.254, so F 2007 /F MSY = 1.63, and that overfishing was therefore occurring (NEFSC 2008b, NMFS 2012b). However, fishing mortality had been declining since 2005, and in 2007 was at its lowest levels observed in the time series (NEFSC 2008b). The stock is currently in year 8 of its 10-year rebuilding plan (NMFS 2012d). Management actions that appear to be effective are in place to reduce or constrain fishery mortality, but the stock is overfished and overfishing is occurring. Detailed rationale: Amendment 16 to the NE Multispecies FMP will adopt a broad suite of management measures to achieve fishing mortality targets. To accomplish the reduction in fishing mortality, the amendment will expand the use of sectors that have their catch limited by a quota and implement accountability measures (AMs) to prevent overfishing. In particular, these AMs include differential DAS counting to correct for over- or under-harvesting, and a transition in 2012 from an effort-control fishery to one managed through hard TACs. In addition, this amendment will implement new requirements for establishing ABC, ACLs, and AMs for the stocks managed under the FMP (NMFS 2010a).

35 34 Yellowtail flounder Cape Cod & Gulf of Maine Key relevant information: High Concern The most recent assessment of Cape Cod/Gulf of Maine yellowtail flounder indicated F 2010 = 0.36 and F MSY = 0.26, so F 2007 /F MSY = 1.38, and that overfishing was occurring (NEFSC 2012c). However, fishing mortality had been declining since 2004, and was at its lowest point in the time series (NEFSC 2008b, 2012c). The stock is currently in year 8 of its 19-year rebuilding plan (NMFS 2012d). Management actions that appear to be effective are in place to reduce or constrain fishery mortality, but the stock is overfished and overfishing is occurring. Detailed rationale: Amendment 16 to the NE Multispecies FMP will adopt a broad suite of management measures to achieve fishing mortality targets. To accomplish the reduction in fishing mortality, the amendment will expand the use of sectors that have their catch limited by a quota and implement accountability measures (AMs) to prevent overfishing. In particular, these AMs include differential DAS counting to correct for over- or under-harvesting, and a transition in 2012 from an effort control fishery to one managed through hard TACs. In addition, this amendment will implement new requirements for establishing ABC, ACLs, and AMs for the stocks managed under the FMP (NMFS 2010a).

36 35 Criterion 2: Impacts on other retained and bycatch stocks Guiding principles The fishery minimizes bycatch. Seafood Watch defines bycatch as all fisheries-related mortality or injury other than the retained catch. Examples include discards, endangered or threatened species catch, pre-catch mortality and ghost fishing. All discards, including those released alive, are considered bycatch unless there is valid scientific evidence of high post-release survival and there is no documented evidence of negative impacts at the population level. Fishing mortality does not threaten populations or impede the ecological role of any marine life. Fishing mortality should be appropriate given each impacted species abundance and productivity, accounting for scientific uncertainty, management uncertainty and non-fishery impacts such as habitat degradation. Summary New England Large-Mesh Otter Trawl Stock Inherent Vulnerability Rank Stock Status Rank (Score) Fishing Mortality Rank (Score) Subscore Score (subscore* discard modifier) Rank (based on subscore) Atlantic Cod - GB High High Concern (2) High Concern (1) Red Atlantic Cod - GoM High High Concern (2) High Concern (1) Red White Hake High High Concern (2) High Concern (1) Red Windowpane Medium High Concern (2) High Concern (1) Red Flounder - GoM/GB Witch Flounder Medium High Concern (2) High Concern (1) Red Yellowtail Flounder - Medium High Concern (2) High Concern (1) Red CC/GoM Yellowtail Flounder - Medium High Concern (2) High Concern (1) Red SNE/MA Yellowtail Flounder - Medium High Concern (2) High Concern (1) Red GB Atlantic White-Sided High High Concern (2) Moderate Concern Red Dolphin (2.33) Atlantic Halibut High High Concern (2) Moderate Concern Red (2.33) Thorny Skate High High Concern (2) Moderate Concern (2.33) Red

37 36 Ocean Pout High High Concern (2) Moderate Concern Red (2.33) Bottlenose Dolphin High High Concern (2) Moderate Concern Red (2.33) Pilot Whale (Long- /Short-Finned) High High Concern (2) Moderate Concern (2.33) Red Atlantic White-Sided High High Concern (2) Moderate Concern Red Dolphin (2.33) Winter Flounder - Low High Concern (2) Low Concern (3.67) Yellow SNE/MA Haddock - GoM High Low Concern (4) Moderate Concern Yellow (2.33) Windowpane Medium Low Concern (4) Low Concern (3.67) Green Flounder - SNE/MAB Barndoor Skate High Low Concern (4) Low Concern (3.67) Green Smooth Skate Medium Low Concern (4) Low Concern (3.67) Green Rosette Skate Medium Low Concern (4) Low Concern (3.67) Green Monkfish - GB/MA High Low Concern (4) Low Concern (3.67) Green Monkfish - GoM/GB High Low Concern (4) Low Concern (3.67) Green Winter Flounder - Low Moderate Concern Very Low Concern (5) Green GoM (3) Winter Skate High Very Low Concern Low Concern (3.67) Green (5) Clearnose Skate High Very Low Concern Low Concern (3.67) Green (5) Little Skate Medium Very Low Concern Low Concern (3.67) Green (5) American Plaice High Low Concern (4) Very Low Concern (5) Green Winter Flounder - GB Low Low Concern (4) Very Low Concern (5) Green Summer Flounder Medium Very Low Concern Very Low Concern (5) Green (5) Spiny Dogfish High Very Low Concern Very Low Concern (5) Green (5) Haddock - GB High Very Low Concern Very Low Concern (5) Green (5) Pollock High Very Low Concern Very Low Concern (5) Green (5)

38 37 Mid-Atlantic Large-Mesh Otter Trawl Stock Inherent Vulnerability Stock Status Fishing Mortality Subscore Score (subscore* discard modifier) Rank (Score) Rank (Score) Rank Loggerhead Sea High Very High Concern High Concern (1) Red Turtle (1) Witch Flounder Medium High Concern (2) High Concern (1) Red Rank (based on subscore) Yellowtail Flounder - Medium High Concern (2) High Concern (1) Red SNE/MA Thorny Skate High High Concern (2) Moderate Concern Red (2.33) Bottlenose Dolphin High High Concern (2) Moderate Concern Red (2.33) Pilot Whale (Long- High High Concern (2) Moderate Concern Red /Short-Finned) (2.33) Risso's Dolphin High High Concern (2) Low Concern (3.67) Yellow Winter Flounder - Low High Concern (2) Low Concern (3.67) Yellow SNE/MA Butterfish Low High Concern (2) Low Concern (3.67) Yellow Atlantic White-Sided High High Concern (2) Low Concern (3.67) Yellow Dolphin Windowpane Medium Low Concern (4) Low Concern (3.67) Green Flounder - SNE/MAB Smooth Skate Medium Low Concern (4) Low Concern (3.67) Green Rosette Skate Medium Low Concern (4) Low Concern (3.67) Green Barndoor Skate High Low Concern (4) Low Concern (3.67) Green Monkfish - GB/MA High Low Concern (4) Low Concern (3.67) Green Winter Skate High Very Low Concern Low Concern (3.67) Green (5) Clearnose Skate High Very Low Concern Low Concern (3.67) Green (5) Little Skate Medium Very Low Concern Low Concern (3.67) Green (5) Summer Flounder Medium Very Low Concern Very Low Concern (5) Green (5) Scup Medium Very Low Concern Very Low Concern (5) Green (5) Spiny Dogfish High Very Low Concern Very Low Concern (5) Green (5)

39 38 New England Large-Mesh Gillnet Stock Inherent Vulnerability Rank Stock Status Rank (Score) Fishing Mortality Rank (Score) Subscore Score (subscore* discard modifier) Rank (based on subscore) Harbor Porpoise High High Concern (2) Critical (0) Critical Humpback Whale High Very High Concern High Concern (1) Red (1) Yellowtail Flounder - Medium High Concern (2) High Concern (1) Red CC/GoM Atlantic Cod - GB High High Concern (2) High Concern (1) Red Atlantic Cod - GoM High High Concern (2) High Concern (1) Red White Hake High High Concern (2) High Concern (1) Red North Atlantic Right High Very High Concern Moderate Concern Red Whale (1) (2.33) Atlantic Halibut High High Concern (2) Moderate Concern Red (2.33) Thorny Skate High High Concern (2) Moderate Concern Red (2.33) Bottlenose Dolphin High High Concern (2) Moderate Concern Red (2.33) Harbor Seal High High Concern (2) Moderate Concern (2.33) Red Atlantic White-Sided High High Concern (2) Moderate Concern Red Dolphin (2.33) Fin Whale High Very High Concern Very Low Concern (5) Yellow (1) Gray Seal High High Concern (2) Low Concern (3.67) Yellow Harp Seal High High Concern (2) Low Concern (3.67) Yellow Risso's Dolphin High High Concern (2) Low Concern (3.67) Yellow Minke Whale High High Concern (2) Very Low Concern (5) Yellow Hooded Seal High High Concern (2) Very Low Concern (5) Yellow Short-Beaked High High Concern (2) Very Low Concern (5) Yellow Common Dolphin Rosette Skate Medium Low Concern (4) Low Concern (3.67) Green Smooth Skate Medium Low Concern (4) Low Concern (3.67) Green Barndoor Skate High Low Concern (4) Low Concern (3.67) Green Monkfish - GB/MA High Low Concern (4) Low Concern (3.67) Green

40 39 Monkfish - GoM/GB High Low Concern (4) Low Concern (3.67) Green Winter Flounder - Low Moderate Concern Very Low Concern (5) Green GoM (3) Winter Skate High Very Low Concern Low Concern (3.67) Green (5) Clearnose Skate High Very Low Concern Low Concern (3.67) Green (5) Little Skate Medium Very Low Concern Low Concern (3.67) Green (5) Spiny Dogfish High Very Low Concern Very Low Concern (5) Green (5) Pollock High Very Low Concern Very Low Concern (5) Green (5) The New England and Mid-Atlantic large-mesh otter trawl fisheries are non-selective, and result in high amounts of bycatch, including endangered or threatened species. The New England gillnet fishery results in take of several species of concern, including contributing to harbor porpoise mortalities in excess of the Potential Biological Removal limit. All three fisheries also regularly catch overfished fish stocks, including witch flounder, yellowtail flounder, or cod. Consequently, Seafood Watch deems the trawl fisheries to have severe impacts on other retained and bycatch stocks and the gillnet fishery to have a critical impact due to harbor porpoise bycatch. Justification of Ranking Atlantic White-Sided Dolphin Western North Atlantic Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria document p9) Factor 2.2 Stock Status Key relevant information: High Concern The white-sided dolphin was listed as a strategic species by the Marine Mammal Protection Act in According to the 2011 marine mammal stock assessment report, the best estimate of abundance for the white-sided dolphin was 23,390, the Potential Biological Removal (PBR) limit was 190 individuals, and total annual fisheries mortality or serious injury was 245 individuals, therefore mortality and serious injury exceeded the PBR (NOAA 2011b). However, this classification was changed in the draft 2012 assessment, which incorporates updated survey data to provide a new abundance estimate of 45,592 individuals. According to the draft 2012 report, PBR is 298 individuals and annual fisheries mortality or serious injury is 213 individuals. Because the mortality and serious injury rate does not exceed PBR, and the species is not listed

41 40 under the Endangered Species Act or listed as depleted under the Marine Mammal Protection Act, it is no longer considered a strategic species (NOAA 2012b). However, there is high uncertainty in the current estimates and status at this time. The draft 2012 assessment is still not final, and white-sided dolphins were considered strategic in The mortality rate is currently very close to PBR and therefore this classification may change again in future years. In addition, the 2012 draft stock assessment states that spatio-temporal distribution patterns are changing in recent years, and therefore data non-summer abundance surveys due to be conducted in , but not yet incorporated in the assessment, may provide more accurate abundance estimates (NOAA 2012b). Factor 2.3 Fishing Mortality Key relevant information: Northeast Fisheries - Moderate Concern; Mid-Atlantic Fisheries Low Concern According to the 2011 stock assessment report, total annual estimated average fishery-related mortality or serious injury of Atlantic white-sided dolphins in the US Atlantic during was 245, compared to a PBR of 190 (NOAA 2011b). However, a trend analysis has not been conducted for this species. The draft 2012 stock assessment estimated a PBR of 298, compared to annual fisheries mortality or serious injury of 213 (NOAA 2012b). This species is considered at fairly high risk given the previous strategic designation, and the fact that mortality is close to the PBR and there is uncertainty regarding the current abundance level (see Factor 2.2). Therefore, the species is considered to be of moderate conservation concern. The average annual mortality attributed to the New England bottom trawl was 160 animals, the Northeast sink gillnet accounted for 36 animals, and the Mid-Atlantic bottom trawl accounted for a further 23 animals (NOAA 2011b). These three fisheries together account for the majority of white-sided dolphin bycatch, although the New England bottom trawl is by far the primary contributor, accounting for more than half of the total bycatch across all fisheries. Detailed rationale: PBR is the product of minimum population size, one half the maximum productivity rate, and a recovery factor (Marine Mammal Protection Act 1972, Wade and Angliss 1997). Harbor Porpoise Gulf of Maine/Bay of Fundy Factor 2.1 Inherent Vulnerability Key relevant information: High Vulnerability (SFW Criteria document p9)

42 41 Factor 2.2 Stock Status Key relevant information: High Concern Harbor porpoises are listed as strategic species by the Marine Mammal Protection Act (Waring et al. 2010) and as a species of special concern for the Northeast sink gill net fishery (NMFS 2012e). Detailed justification: The Northeast sink gill net fishery is listed as a Category I fishery in the 2012 LOF (List of Fisheries) because the annual mortality and serious injury to harbor porpoises (Gulf of Maine/Bay of Fundy) stock exceeds 50% of the PBR level of harbor porpoises (NMFS 2012e). A current population trend analysis has not been conducted for this species, but the current abundance estimate of 89,054 individuals is greater than, or on par with previous stock estimates (NMFS 2010b). Factor 2.3 Fishing Mortality Key relevant information: CRITICAL According to the 2012 draft stock assessment, total annual estimated average fishery-related mortality or serious injury of harbor porpoises in the Gulf of Maine and Bay of Fundy is 840, compared to a PBR of 548. Of those instances, 796 per year are from US fisheries using observer and Marine Mammal Authorization Program data, and 44 per year are from Canadian fisheries using observer data. However, a trend analysis has not been conducted for this species. Total US fishery-related mortality and serious injury for this stock exceeded the PBR, so the stock qualified as a strategic stock. The average estimated harbor porpoise mortality and serious injury rate in the NE gillnet fishery (mesh size unspecified) was 1,163 animals per year, but since the implementation of a take reduction plan, the average annual mortality has decreased to 515 animals per year in , with an estimated 408 mortalities in 2010 (NOAA 2012b). Nevertheless, the NE gillnet fishery accounts for the majority of harbor porpoise bycatch across all fisheries, and alone accounts for more than 50% of the PBR. A take reduction plan is in place to limit mortality of harbor porpoises in the gillnet fishery, and incorporates requirements for acoustic pingers to deter harbor porpoises; plus consequence closure areas that go into effect if bycatch targets are exceeded. However, despite the existence of this potentially highly effective strategy, compliance has been poor, and as a result, bycatch targets for the fishery are continually exceeded, and the PBR overages continue (see Criterion 3.2). Seafood Watch deems the fishing mortality Critical on this stock in the NE gillnet fishery, because the species is one of special concern and the NE gillnet fishery is a substantial contributor to the PBR overage. Additionally, management measures that are in place to limit mortality are not sufficiently effective, due largely to poor compliance. Seafood Watch will

43 42 continue to monitor this fishery and will update the report if the compliance issue is resolved and bycatch rates fall to acceptable levels. The other fisheries reviewed in this report do not have significant interaction rates with harbor porpoise. Loggerhead Sea Turtle Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria document p9) Factor 2.2 Stock Status Loggerhead Sea Turtle Key relevant information: Very High Concern Loggerhead turtles are listed under the Endangered Species Act as threatened in the Northwest Atlantic distinct population segment (DPS), and endangered or threatened in every other DPS (NOAA). Factor 2.3 Fishing Mortality Key relevant information: High Concern Bycatch is a significant threat facing loggerhead turtles in the Northwest Atlantic, particularly from gillnets, longlines, and trawl gear (Conant et al. 2009). Aside from the shrimp trawl fishery, which is responsible for the largest share of fishery-related loggerhead turtle mortality in the US Atlantic, Conant et al. (2009) report that the summer flounder bottom trawl fishery is also known to capture sea turtles, as is the Mid-Atlantic directed finfish trawl fishery (which includes the other flatfish species caught in the region). Despite the federally mandated use of turtle excluder devices (TEDs) in certain areas, the Mid-Atlantic, federally managed, bottom otter trawl (which includes, but is not limited to, the region s summer flounder fishery) had an estimated average annual bycatch of 616 loggerhead turtles during (Conant et al. 2009, NMFS 2011b). The Mid-Atlantic otter trawl fishery accounts for a substantial share of the fishing-related mortality of this endangered stock, but management measures that are believed to be somewhat effective in constraining mortality are in place. Zero loggerhead turtle bycatch was recorded during in the New England otter trawl and gillnet fisheries (NMFS 2011b). Detailed rationale: Bycatch of loggerhead sea turtles in commercial fisheries in the Northwest Atlantic is a significant threat to the species, and gillnets and trawl gear, including the summer flounder fishery, are among the primary contributors to mortality. For this reason, the summer flounder fishery is the only trawl fishery, other than the shrimp fishery, to have federally mandated TED use in certain areas (Conant et al. 2009), known as the Summer Flounder Fishery Sea Turtle Protection Area(NOAA 2011a) (Fig. A11). While loggerhead turtles may venture farther north

44 43 than (and beyond the protections of) the Sea Turtle Protection Area, NMFS is considering extending the northern boundary farther north (NMFS 2009a, Warden 2011). Other flatfish caught in the MA bottom trawl fishery (windowpane, winter, witch, and yellowtail flounders) may not be commonly associated with loggerhead sea turtle bycatch (Warden 2011). Scup Factor 2.1 Inherent Vulnerability Key relevant information: Medium The FishBase vulnerability score for scup is 38 (Froese and Pauly). Factor 2.2 Stock Status Key relevant information: Very Low Concern B/B MSY = 2.02, and NMFS lists scup as not overfished (NMFS 2012d). Factor 2.3 Fishing Mortality Key relevant information: Very Low Concern Fishing mortality in 2010 was F = 0.040, with a 50% probability that F was between and This level of fishing mortality is substantially below the threshold reference point F MSY = F 40% = 0.177, and F 2010 /F MSY = (Terceiro 2011a). Skate Complex Factor 2.1 Inherent Vulnerability Key relevant information: Barndoor Skate (Dipturus laevis) - 77 (High) Clearnose Skate (Raja eleganteria) - 57 (High) Little Skate (Leucoraja erinacea) - 44 (Medium) Rosette Skate (Leucoraja garmani) - 54 (Medium) Smooth Skate (Malacoraja senta) - 49 (Medium) Thorny Skate (Amblyraja radiata) - 70 (High) Winter Skate (Leucoraja ocellata) - 62 (High) (Froese and Pauly)

45 44 Factor 2.2 Stock Status Barndoor Skate Key relevant information: Low Concern B/B MSY = 0.69, and NMFS lists barndoor skate as not overfished, but rebuilding (NMFS 2012d). Clearnose Skate Key relevant information: Very Low Concern B/B MSY = 1.43, and NMFS lists clearnose skate as not overfished (NMFS 2012d). Little Skate Key relevant information: Very Low Concern B/B MSY = 1.16, and NMFS lists little skate as not overfished (NMFS 2012d). Rosette Skate Key relevant information: Low Concern B/B MSY = 0.83, and NMFS lists rosette skate as not overfished (NMFS 2012d). Smooth Skate Key relevant information: Low Concern B/B MSY = 0.55, and NMFS lists smooth skate as not overfished, but rebuilding (NMFS 2012d). Thorny Skate Key relevant information: High Concern B/B MSY = 0.06, and NMFS lists thorny skate as overfished (NMFS 2012d). Winter Skate Key relevant information: Very Low Concern B/B MSY = 1.72, and NMFS lists winter skate as not overfished (NMFS 2012d). Detailed Rationale: Biomass reference points are based entirely on NEFSC survey data since reliable landings and discard information are not available by species. For all species but barndoor, the B MSY proxy is defined as the 75 th percentile of the appropriate survey biomass index time series for that species. For barndoor skate, the B MSY proxy is the average of autumn survey biomass indices since the survey did not catch barndoor for a protracted period (Sosebee 2006).

46 45 Figure A1. NEFSC survey biomass indices (kg/tow) (NEFMC 2011b). The blue horizontal line represents biomass target, and red represents limit biomass; 3-year moving average is plotted as a thick dark line. Factor 2.3 Fishing Mortality Barndoor Skate rebuilding Key relevant information: Low Concern Since the average survey biomass index of 0.96kg/tow was higher than the previous 3-year average index ( ) of 0.88, overfishing was not occurring in 2006 (NEFSC 2007). Furthermore, in the fourth quarter of 2011, barndoor skate was not considered to be experiencing overfishing (NMFS 2012d). The species is currently in year 9 of its rebuilding plan, but the exact rebuilding time period is unspecified in the Northeast Skate Complex FMP; based on the long-lived, late maturing, and low fecundity nature of this species, rebuilding may take

47 46 decades (NMFS 2012d). Annual catch limits prevent fishing from increasing to unsustainable levels, and all landings of barndoor skates are prohibited (NEFMC 2011a). Clearnose Skate Key relevant information: Low Concern The average survey biomass index of 0.63kg/tow was less than 30% below the average of 0.75kg/tow, so NMFS did not consider overfishing to be occurring for clearnose skate in 2007 (NEFSC 2007). In the fourth quarter of 2011, NMFS continued to classify clearnose skate as not experiencing overfishing (NMFS 2012d). It is probable that fishing mortality is at or below a level that will allow the stock to maintain current abundance. Little Skate Key relevant information: Low Concern The average survey biomass index of 4.59kg/tow was less than 20% below the average of 5.65kg/tow, so NMFS did not consider overfishing to be occurring for little skate in 2007 (NEFSC 2007). In the fourth quarter of 2011, NMFS continued to classify little skate as not experiencing overfishing (NMFS 2012d). It is probable that fishing mortality is at or below a level that will allow the stock to maintain current abundance. Rosette Skate Key relevant information: Low Concern The NEFSC autumn survey biomass index average of 0.049kg/tow was above the average of 0.045kg/tow, so NNMFS did not consider overfishing to be occurring for rosette skate in 2007 (NEFSC 2007). In the fourth quarter of 2011, NMFS continued to classify rosette skate as not experiencing overfishing (NMFS 2012d). It is probable that fishing mortality is at or below a level that will allow the stock to maintain current abundance. Smooth Skate Key relevant information: Low Concern The NEFSC autumn survey biomass index average of 0.18kg/tow was above the average of 0.17kg/tow, so NNMFS did not consider overfishing to be occurring for smooth skate in 2007 (NEFSC 2007). In the fourth quarter of 2011, NMFS continued to classify rosette skate as not experiencing overfishing, and the fishery is in year 2 of a 10-year rebuilding plan (NMFS 2012d). However, biomass has fluctuated around the threshold value without any indication of long-term recovery or decline, and is still in danger of becoming overfished (NEFMC 2011a). Annual catch limits prevent fishing from increasing to unsustainable levels, and all landings of smooth skates are prohibited (NEFMC 2011a). Thorny Skate Key relevant information: Moderate Concern The NEFSC autumn survey biomass index average of 0.56kg/tow was less than 20% below the average of 0.63 kg/tow, so NNMFS did not consider overfishing to be occurring for thorny skate in 2007 (NEFSC 2007). However, the survey index average decreased 5% from to from 0.26 to 0.25 respectively and while this difference did

48 47 not exceed the overfishing threshold of -20%, the preceding year saw a decrease of 38% from to , falling from 0.42kg/tow to 0.26kg/tow, meaning that overfishing was occurring recently (NEFMC 2011a). In the fourth quarter of 2011, NMFS classified rosette skate as not experiencing overfishing (NMFS 2012d). Thorny skate is currently in year 9 of a 25-year rebuilding plan (NMFS 2012d). Annual catch limits prevent fishing from increasing to unsustainable levels, and all landings of thorny skates are prohibited (NEFMC 2011a). Nevertheless, together with the other skate species, thorny skate is frequently taken as bycatch and discarded by vessels targeting groundfish; therefore, otter trawling is the principal source of fishing mortality for all skates discussed in this report (Sosebee 2006). Thorny skate is overfished and fishing mortality has been fluctuating around the overfishing threshold. Winter Skate Key relevant information: Low Concern The NEFSC autumn survey biomass index average of 3.34kg/tow was more than 20% below the average of 4.34kg/tow, so NNMFS considered overfishing to be occurring for winter skate in 2007 (NEFSC 2007). However, preliminary survey results for increased 18% from the average of 8.18kg/tow to 9.64kg/tow (NEFMC 2011a). In the fourth quarter of 2011, NMFS classified winter skate as not experiencing overfishing (NMFS 2012d). Detailed Rationale: The fishing mortality reference points for skates are based on changes in survey biomass indices. If the three-year moving average of the survey biomass index for a skate species declines by more than the average coefficient of variation (CV) of the survey time series, then fishing mortality is assumed to be greater than F MSY and overfishing is occurring for that skate species (Sosebee 2006). Spiny Dogfish Factor 2.1 Inherent Vulnerability Key relevant information: High The FishBase vulnerability score for spiny dogfish is 69 (Froese and Pauly). Factor 2.2 Stock Status Key relevant information: Very Low Concern B/B MSY = 1.025, and NMFS lists spiny dogfish as not overfished (NMFS 2012d).

49 48 Factor 2.3 Fishing Mortality Key relevant information: Very Low Concern The estimated fishing mortality rate in 2010 was 0.093, with sampling distributions suggesting there was almost no chance that the fishing mortality threshold rate, which was revised to 0.325, was exceeded. The fishing mortality rate was also lower than the revised target fishing mortality rate of Moreover, fishing pressure has shifted away from its mid-1990s bias towards female dogfish, further reducing the impact of fishing mortality on the population (Rago and Sosebee 2011). In the fourth quarter of 2011, NMFS listed spiny dogfish as not experiencing overfishing (NMFS 2012d). Atlantic Cod Factor 2.1 Inherent Vulnerability Key relevant information: High The FishBase vulnerability score for Atlantic cod is 65 (Froese and Pauly). Factor 2.2 Stock Status Georges Bank Key relevant information: High Concern The most recent assessment of Georges Bank cod was published in 2012, and it indicated B 2010 = 11,289 mt and B MSY = 140,424 mt, so the stock was therefore overfished with B 2010 /B MSY = (NEFSC 2012c). Gulf of Maine Key relevant information: High Concern The most recent assessment of Gulf of Maine cod was the SARC 53 assessment in 2011, which indicated B 2010 = 11,868 mt and B MSY = 61,218 mt, so the stock was therefore overfished with B 2010 /B MSY = (NEFSC 2012b, NMFS 2012b). Factor 2.3 Fishing Mortality Georges Bank Key relevant information: High Concern The most recent assessment of Georges Bank cod was published in 2012, and it indicated F 2010 = 0.85 after correcting for retrospective bias, and F MSY = 0.23, so F 2007 /F MSY = 3.70, and overfishing was therefore occurring (NEFSC 2012c). US landings of Georges Bank cod are taken primarily by otter trawl and gill net gears (NEFSC 2012c). The stock is overfished and overfishing is occurring, but management actions that are believed to be effective are in place to reduce or constrain fishery mortality (see Detailed Rationale, below).

50 49 Detailed Rationale: The final rule for Amendment 16 was implemented in 2010, and this amendment expands the use of sectors that have their catch limited by a quota and implements accountability measures (AMs) to prevent overfishing. In particular, these AMs include differential 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 (NEFSC 2008a, NMFS 2010a). Gulf of Maine Key relevant information: High Concern The most recent assessment of Gulf of Maine cod was the SARC 53 assessment in 2011, which indicated F 2010 = and F MSY = 0.200, so F 2010 /F MSY = 5.72, and overfishing was therefore occurring (NEFSC 2012b, NMFS 2012b). Otter trawls and gillnets account for over 90% of the Gulf of Maine cod catch, with approximately 50% 70% of the catch taken by otter trawls and 30% 40% of the catch taken by gillnets, although in recent years the proportion has evened out between the two gear types (NEFSC 2008b). The stock is overfished and overfishing is occurring, but management actions that are believed to be effective are in place to reduce or constrain fishery mortality (see Detailed Rationale, below). Detailed Rationale: The final rule for Amendment 16 was published in the US Federal Register in 2010, and this amendment expands the use of sectors that have their catch limited by a quota and implements accountability measures (AMs) to prevent overfishing. In particular, these AMs include differential 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 (NMFS 2010a). Haddock Factor 2.1 Inherent Vulnerability Key relevant information: High The FishBase vulnerability score for haddock is 63 (Froese and Pauly). Factor 2.2 Stock Status Georges Bank Key relevant information: Very Low Concern The most recent assessment of Georges Bank haddock was published in 2012, which indicated B 2010 = 167,278 mt and B MSY = 124,900 mt; the stock was therefore not overfished, with B 2010 /B MSY = 1.34 (NEFSC 2012c).

51 50 Gulf of Maine Key relevant information: Low Concern The most recent assessment of Gulf of Maine haddock indicated SSB 2010 = 2,868 mt and SSB MSY = 4,904 mt; with B 2010 /B MSY = 0.585, the stock was therefore below its target reference point, but above the limit reference point of ½ B MSY (NEFSC 2012c). Factor 2.3 Fishing Mortality Georges Bank Key relevant information: Very Low Concern The most recent assessment of Georges Bank haddock indicated F 2010 = 0.24 and F MSY = 0.39, so overfishing was not occurring, with F 2010 /F MSY = (NEFSC 2012c). Gulf of Maine Key relevant information: Moderate Concern The most recent assessment of Gulf of Maine haddock indicated F 2010 = 0.82 and F MSY = 0.46, so overfishing was therefore occurring, with F 2010 /F MSY = 1.78 (NEFSC 2012c). The stock is not overfished but overfishing is occurring, and management actions that are believed to be effective are in place to reduce or constrain fishery mortality. Detailed Rationale: The final rule for Amendment 16 was published in the US Federal Register in 2010, and this amendment expands the use of sectors that have their catch limited by a quota and implements accountability measures (AMs) to prevent overfishing. In particular, these AMs include differential 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 (NMFS 2010a). Pollock Factor 2.1 Inherent Vulnerability Key relevant information: HIgh The FishBase vulnerability score for pollock is 61 (Froese and Pauly). Factor 2.2 Stock Status Key relevant information: Very Low Concern The most recent assessment of pollock was the SARC 50 assessment in 2011, which indicated B 2010 = 196,000 mt and B MSY = 91,000 mt; the stock was therefore not overfished, with B 2010 /B MSY = 2.15 (NEFSC 2010b, NMFS 2012b).

52 51 Factor 2.3 Fishing Mortality Key relevant information: Low Concern The most recent assessment of pollock was the SARC 50 assessment in 2011, which indicated F 2010 = and F MSY = 0.25, so overfishing was therefore not occurring, with F 2010 /F MSY = 0.28 (NEFSC 2010b, NMFS 2012b). However, there may be some uncertainty in this estimate, because without further understanding of 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 or the fishery has been able to confirm (NEFSC 2010b). White Hake Factor 2.1 Inherent Vulnerability Key relevant information: High The FishBase vulnerability score for white hake is 65 (Froese and Pauly). Factor 2.2 Stock Status Key relevant information: High Concern The most recent assessment of white hake was the GARM III assessment in 2008, which indicated B 2007 = 19,800 mt and B MSY = 56,254 mt; the stock was therefore overfished, with B 2010 /B MSY = (NEFSC 2008b, NMFS 2012b). Factor 2.3 Fishing Mortality Key relevant information: High Concern The most recent assessment of white hake was the GARM III assessment in 2008, which indicated F 2007 = and F MSY = 0.125, therefore, overfishing was occurring, with F 2010 /F MSY = 1.20 (NEFSC 2008b, NMFS 2012b). Over the period of , landings have exceeded discards by nearly ten to one, with approximately two thirds to three quarters of landings made by the bottom otter trawl fleet and another 20% 25% of landings from the sink gillnet fishery (NEFSC 2012c). The stock is overfished and overfishing is occurring, but management actions that are believed to be effective are in place to reduce or constrain fishery mortality (see Detailed Rationale, below). Some landings occur in the Mid-Atlantic States, but these are small in comparison to the New England catch (NMFS 2012a). Detailed Rationale: Since the implementation in 2004 of Amendment 13 to the Northeast Multispecies FMP, fishing mortality has decreased every consecutive year. In 2007, the terminal year of the most recent analysis, F was at the second lowest point in the time series, although still 23% above F MSY (NMFS 2012b). Furthermore, the final rule for Amendment 16 was published in the US Federal Register in 2010, and this amendment expands the use of sectors that have their catch limited

53 52 by a quota and implements accountability measures (AMs) to prevent overfishing. In particular, these AMs include differential 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 (NMFS 2010a). Ocean Pout Factor 2.1 Inherent Vulnerability Key relevant information: High The FishBase vulnerability score for ocean pout is 67 (Froese and Pauly). Factor 2.2 Stock Status Key relevant information: High Concern The most recent assessment of ocean pout was published in 2012, and it indicated B 2010 index proxy = 0.41 kg/tow and B MSY index proxy = 4.94 kg/tow, therefore, the stock was overfished with B 2010 /B MSY = (NEFSC 2012c). Factor 2.3 Fishing Mortality Key relevant information: Moderate Concern Historically, the majority of ocean pout landings have been taken using otter trawl gear; however, in 2010, otter trawl landings dropped down to less than one percent of all landings, with fish and lobster pots contributing over 85% of landings for the year (NEFSC 2012c). Over the period from 2006 to 2010, large-mesh otter trawl fisheries also accounted for 62% 93% of ocean pout discards (NEFSC 2012c). The most recent assessment of ocean pout was published in 2012, which indicated F 2010 = 0.31 and F MSY proxy = 0.76, so F 2007 /F MSY = 0.41, and overfishing was therefore not occurring (NEFSC 2012c). However, as catch and exploitation ratios remain at, or near, record low levels, stock size has not increased from its own record low level, suggesting that it may be in a depensatory state. In recent years, discards have exceeded landings, and may be sufficiently high to hinder stock recovery; nevertheless, the lack of response to reduced exploitation suggests that the stock s dynamics have been so severely impacted by historical overfishing that the stock is unlikely to rebuild, even in the absence of fishing mortality (NEFSC 2008b). Butterfish Factor 2.1 Inherent Vulnerability Key relevant information: Low The FishBase vulnerability score for butterfish is 19 (Froese and Pauly).

54 53 Factor 2.2 Stock Status Key relevant information: High Concern B/B MSY = 0.38, and NMFS lists butterfish as overfished (NMFS 2012d). Factor 2.3 Fishing Mortality Key relevant information: Low Concern Fishing mortality estimates are highly uncertain. In 2008, F was estimated at 0.02, and apparently negligible relative to natural mortality, because of an apparent lack of correlation of total mortality estimates with total catch estimates; the stock s current decline does not appear to be due to fishing mortality (NEFSC 2010a). In the fourth quarter of 2011, NMFS listed butterfish as not experiencing overfishing (NMFS 2012d). The most recent scientific assessment judges that fishing mortality is not a substantial contributor to mortality of the stock, but there is still much uncertainty about stock size and dynamics. Monkfish, a.k.a. goosefish Factor 2.1 Inherent Vulnerability Key relevant information: High The FishBase vulnerability score for monkfish is 77 (Froese and Pauly). Factor 2.2 Stock Status Gulf of Maine & Northern Georges Bank Key relevant information: Low Concern B/B MSY = 1.29, and NMFS lists Gulf of Maine/northern Georges Bank goosefish as not overfished (NMFS 2012d). There is considerable uncertainty regarding the reliability of the assessment (see Detailed Rationale, below). Detailed Rationale: Based on the results of the 2010 stock assessment, monkfish biomass estimates in both the northern and southern management areas are well above target levels (Figure A2). However, there is uncertainty in these estimates and the northern stock may experience overfishing from 2011 to 2016 if total catches approach the proposed ABC (NEFSC 2010b). The external review panel for the 50 th Stock Assessment Workshop (SAW) expressed serious concerns regarding the high levels of uncertainty throughout the assessment (O'Boyle et al. 2010). For example, one reviewer wrote, I had some significant concerns with the monkfish assessment. First, the input data seems poor. The survey did not catch many fish, the landings were subject to large errors and assumptions, the catch was not well sampled for many years,

55 54 and there were serious aging problems which cause large uncertainties in the growth model. Second, the model does not appear to be performing well. The model predicts monkfish increases in the past 7 years or so in both management regions, and there is no indication of the population increasing in the raw survey or length frequency data (Trzcinski 2010). The review panel also noted that the model of the northern stock had a strong retrospective pattern of overestimating stock size (O'Boyle et al. 2010). Figure A2. Trends in monkfish biomass in the northern and southern stocks. Figure from (NEFMC 2011c). Southern Georges Bank & Mid-Atlantic Key relevant information: Low Concern B/B MSY = 1.11, and NMFS lists Southern Georges Bank/Mid-Atlantic goosefish as not overfished (NMFS 2012d). There is considerable uncertainty regarding the reliability of the assessment (see Detailed Rationale for the Gulf of Maine/Northern Georges Bank stock, above). Factor 2.3 Fishing Mortality Gulf of Maine & Northern Georges Bank Key relevant information: Low Concern The Data Poor Stocks Working Group recommended that F 40% be used as a proxy for F target (Northeast Data Poor Stocks Working Group 2007); the SARC 50 assessment estimated fishing mortality of Gulf of Maine/Northern Georges Bank monkfish at F 2009 = 0.10, and established F max = 0.43 and F 40% = 0.35, so overfishing was not occurring (NEFSC 2010b). Fishing mortality is

56 55 probably at or below a sustainable level that will allow the stock to maintain current abundance, but the estimate is highly uncertain. Southern Georges Bank & Mid-Atlantic Key relevant information: Low Concern The Data Poor Stocks Working Group recommended that F 40% be used as a proxy for F target (Northeast Data Poor Stocks Working Group 2007); the SARC 50 assessment estimated fishing mortality of Southern Georges Bank/Mid-Atlantic monkfish at F 2009 = 0.07, and established F max = 0.46 and F 40% = 0.38, so overfishing was not occurring (NEFSC 2010b). Fishing mortality is probably at or below a sustainable level that will allow the stock to maintain current abundance, but the estimate is highly uncertain. Pilot Whale (Long- and/or Short-Finned) Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria document p9) Factor 2.2 Stock Status Key relevant information: High Concern Long-finned pilot whales are listed as strategic species by the Marine Mammal Protection Act, whereas short-finned pilot whales are not. However, since the two species are difficult to differentiate at sea and inhabit overlapping ranges, their abundance estimates are combined (Waring et al. 2010). Therefore, Seafood Watch accepts the lower rating of long-finned pilot whales. Factor 2.3 Fishing Mortality Key relevant information: Moderate Concern Not enough data exist to partition mortality of long-finned and short-finned pilot whales, so mortality and serious injury estimates are only available for the two species combined. Total annual estimated average fishery-related mortality or serious injury of pilot whales in the US Atlantic during was 176 animals. The PBR for each species is 93 long-finned and 172 short-finned pilot whales. However, insufficient data exist to determine population trends for each species, and the difficulty in differentiating the two species further limits assessment. Due to the possibility that total US fishery-related mortality and serious injury for long-finned pilot whales exceeded the PBR, the stock qualified as a strategic stock. The average annual mortality attributed to the Northeast bottom trawl was 15 pilot whales, and the Mid- Atlantic bottom trawl killed another 34 pilot whales, but uncertainty in species identification by fishery observers prevents the estimation of species-specific figures (Waring et al. 2010). The leading source of fishery-related mortality during this time was the pelagic longline fishery,

57 56 which accounted for an average annual mortality of 122 animals (Waring et al. 2010). If pelagic longline-caused mortality of pilot whales were to be discounted, the long-finned pilot whale would no longer meet the criteria for a strategic stock under the Marine Mammal Protection Act (1972). Put another way, the mortality resulting from the Northeast and Mid-Atlantic bottom trawl fisheries would not exceed PBR, neither individually nor in combination. The NMFS considers the pelagic longline fishery, along with the Northeast midwater trawl and Northeast groundfish fisheries, to have the most direct impact on long-finned pilot whales, and the pelagic longline fishery, together with the Mid-Atlantic midwater trawl and Mid-Atlantic groundfish fisheries, to have the most direct impacts on short-finned pilot whales (Waring et al. 2010). The pelagic longline fishery is classified as a Category I fishery while the trawl fisheries are classified as Category II fisheries under the Marine Mammal Protection Act. The NMFS convened a take reduction team in 2005 to address bycatch in the pelagic longline fishery, and published a final rule in 2009 based on the team s recommendations, implementing a special research area, gear modifications, outreach material, observer coverage, and encouraging captains communications regarding interactions (NMFS, 2009c), but no comparable action has been taken to reduce mortality in the otter trawl fisheries. Pilot whales are not caught in significant numbers in the Northeast gillnet fishery. Common Dolphin, Short-Beaked Western North Atlantic Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria document p9) Factor 2.2 Stock Status Key relevant information: High Concern Short-beaked common dolphins are not considered strategic species by the Marine Mammal Protection Act. The minimum population estimate in 2010 was 99,975, and the best estimate of abundance was 120,743 (CV = 0.23). However, stock status relative to the optimum sustainable population in the US Atlantic EEZ is unknown (Waring et al. 2010). Due to the high vulnerability to fishing activities, Seafood Watch considers the harbor seal population to be of high conservation concern. Factor 2.3 Fishing Mortality Key relevant information: Northeast fisheries Very Low Concern; Mid-Atlantic Fisheries Low Concern Total annual estimated average fishery-related mortality or serious injury of short-beaked common dolphins in the US Atlantic during was 167, compared to a PBR of However, there are insufficient data to determine the population trends for this species. While total US fishery-related mortality and serious injury for this stock exceeded 10% and therefore could not be considered insignificant and approaching zero, the stock did not qualify as a

58 57 strategic stock, either. The average annual mortality attributed to the Northeast bottom trawl was 25 animals, another 18 in the Northeast sink gillnet fishery, and the Mid- Atlantic bottom trawl accounted for a further 121 animals (Waring et al. 2010). These three fisheries together account for the majority of short-beaked dolphin bycatch, although the Mid- Atlantic bottom trawl accounted for over two thirds of all short-beaked dolphin bycatch across all fisheries. Harbor Seal Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document) Factor 2.2 Stock status Key relevant information: High Concern The current state of the Western North Atlantic population of harbor seals is unknown and there is insufficient data available to assess any trends in population growth. Aerial surveys were conducted regularly between 1981 and 2001, however no surveys have been conducted since this period and the data is too old to be considered a reliable indicator of population size (NOAA 2011b). There is, therefore, no abundance estimate for this stock. Due to the high vulnerability to fishing activities, Seafood Watch considers the harbor seal population to be of high conservation concern. Factor 2.3 Fishing mortality Key relevant information: Moderate Concern The PBR for the Western North Atlantic harbor seal population cannot be calculated due to the age of the latest abundance data (2001) (NOAA 2011b). Average annual mortality and injury from the Northeast gillnet fishery is calculated to be 332 seals out of a total fisheries-induced annual mortality of 377 seals ( ), and while this is considered to be low in comparison to the population size, it is not approaching a zero mortality and serious injury rate (NOAA 2011b). Harbor seal catch is rare in the trawl fisheries. Gray Seal Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document)

59 58 Factor 2.2 Stock status Key relevant information: High Concern The status of the Western North Atlantic gray seal population relative to the OSP is currently unknown. Abundance of the population is likely to be increasing in the US EEZ, however the rate of increase is unknown (NOAA 2011b). Due to the high vulnerability of gray seals to fishing pressure, Seafood Watch considers the population to be of high conservation concern. Factor 2.3 Fishing mortality Key relevant information: Low Concern The Northeast gillnet fishery is responsible for the mortality and serious injury of an average of 678 gray seals per year ( ) (NOAA 2011b). The fishing mortality attributed to the Northeast trawl fishery has not been calculated but it is considered minor compared to the gillnet fishery. There is insufficient data to establish a PBR for the gray seal population for which to compare fishing mortality against. However, total fishery-related mortalities in the US EEZ are considered to be low in comparison to population size, and can be considered insignificant (NOAA 2011b). Harp Seal Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document) Factor 2.2 Stock status Key relevant information: High Concern The Western North Atlantic population of harp seals is believed to be around 6.9 million individuals; however, there is insufficient data to determine the minimum size of the population which resides in the US EEZ (NOAA 2011b). Data from strandings suggest that abundance in US water is increasing, although the rate of increase cannot be determined. Abundance relative to the OSP is therefore unknown, although it appears to have stabilized (NOAA 2011b). Seafood Watch considers the population to be of high conservation concern due to a combination of the unknown status and the high vulnerability of harp seals to fishing pressure. Factor 2.3 Fishing mortality Key relevant information: Low Concern The Northeast gillnet fishery is responsible for an average 174 deaths and serious injuries of harp seals per year ( ) (NOAA 2011b). The Northeast trawl fishery was responsible for

60 59 a total of 4 harp seal deaths between 2002 and 2009, and an average mortality rate has not been calculated but it is considered to be very low. Data is insufficient to establish a PBR for harp seals in US waters, however mortalities are very low compared to the population size, and fishing mortality can therefore be considered to be approaching zero (NOAA 2011b). North Atlantic Right Whale Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document) Factor 2.2 Stock status Key relevant information: Very High Concern The waters off New England are an important feeding ground for the Western Atlantic population of North Atlantic right whales. The most recent photographic survey took place in 2010 and identified a minimum population size of 396 individuals (NOAA 2011b), which is extremely low relative to the OSP. The North Atlantic right whale is listed as endangered by the IUCN (IUCN Redlist) and under the Endangered Species Act (NOAA 2011b). Factor 2.3 Fishing mortality Key relevant information: Moderate Concern From 2005 to 2009, 4 of the 12 incidents of mortality or serious injury to right whales involved entanglement in fishing gear. This resulted in a fishing mortality of 0.8 whales per year, equal to the PBR (NOAA 2011b). Due to the low population level, no right whale mortality can be considered insignificant. From 2001 to 2006, there was one mortality of a North Atlantic right whale attributed to gillnet gear, though it is not known which gillnet fishery was responsible. One mortality over six years amounts to an annual mortality rate of about 0.16, or about 20% of the total fishing mortality and PBR. Humpback Whale Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document) Factor 2.2 Stock status Key relevant information: Very High Concern The Gulf of Maine humpback whale population is believed to consist of 847 individuals, with a minimum population size of 549 animals (NOAA 2011b). Current information suggests that the

61 60 population is steadily increasing. The humpback whale is listed as endangered under the ESA (NOAA 2011b). Factor 2.3 Fishing mortality Key relevant information: High Concern The average annual human-related mortality and serious injury rate exceeds the PBR (1.1 whales per year). Between 2005 and 2009, annual mortalities due to US fisheries are estimated to be 3.4 per year (Waring et al 2011). The contribution of gillnet fisheries (the only fishery within the scope of this report with known interactions with humpback whales) is unknown, however the Gulf of Maine population is a strategic stock and is one of the stocks which forms the basis of the Category I listing of the Northeast sink gillnet fishery (NMFS 2012e). Fin Whale Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document) Factor 2.2 Stock status Key relevant information: Very High Concern The best abundance estimate for fin whales in the Western North Atlantic is 3,985 individuals (NOAA 2011b). Abundance relative to the OSP is unknown, however the fin whale is listed as endangered under the ESA (NOAA 2011b) and by the IUCN (IUCN Redlist). Factor 2.3 Fishing mortality Key relevant information: Very Low Concern The large mesh gillnet fishery is the only fishery within the scope of this report that is known to interact with fin whales in the Northwest Atlantic (NMFS 2012e). The PBR for fin whales is 6.5 whales per year. Between 2005 and 2009, minimum annual human-caused mortalities and serious injury to fin whales was 2.6 per year, including a rate of 0.6 whales per year in US fisheries (Waring et al 2011). This represents 9% of the PBR, which is not exceeded by human activities Minke Whale Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document)

62 61 Factor 2.2 Stock status Key relevant information: High Concern Minke whales off the East Coast form part of the East Canadian Coast population. The best abundance estimate for this population is 8,987 individuals with a minimum population of 6,909 (NOAA 2011b). Status of the minke whale population in relation to the OSP is unknown; therefore, due to the high vulnerability of the species to fishing pressure, Seafood Watch considers the population to be a high conservation concern. Factor 2.3 Fishing mortality Key relevant information: Very Low Concern The average annual mortality and serious injury rate to minke whales related to the Northeast bottom trawl fishery is 3.5 ( ), which is below the PBR of 69 whales per year (NOAA 2011b). The fishing mortality rate is known to be less than 10% of the PBR, though more than 1% of the PBR. Cumulative fishing mortality averages 4.3 whales per year, and is below PBR. Risso s Dolphin Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document) Factor 2.2 Stock status Key relevant information: High Concern The best estimate for the abundance of Risso s dolphin in the Western North Atlantic is 20,479 (based on 2004 data), with a minimum population of 12,920 animals (NOAA 2011b). The status of the Risso s dolphin population in relation to the OSP is unknown; therefore, due to the high vulnerability of the species to fishing pressure, Seafood Watch considers the population to be a high conservation concern. Factor 2.3 Fishing mortality Key relevant information: Low concern The average mortality of Risso s dolphins in the Northeast gillnet fishery between 2005 and 2009 was 3 animals per year (NOAA 2011b). The PBR for this stock is 124 individuals, and while the individual fishery mortality is less than 10% of the PBR, the combined fishing mortality of all US fisheries is greater than 10%. In 2010, fifteen Risso s dolphins were observed killed in the Mid-Atlantic bottom otter trawl fishery; however, only one was on a trip targeting summer flounder while the others were on trips targeting squid. Prior to 2010, no takes of Risso s dolphins were attributed to the Mid-Atlantic bottom otter trawl fishery from 2004 to 2008.

63 62 Hooded Seal Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document) Factor 2.2 Stock status Key relevant information: High Concern The latest abundance estimate for hooded seals is from 2005, at which point it was believed that the Western North Atlantic population stood at 592,100 individuals, with a minimum population of 512,000 individuals (NOAA 2007). There were insufficient data to calculate the population abundance in US waters, and while the status compared to the OSP is unknown, the population is believed to be increasing. Due to the high vulnerability of the species to fishing pressure the population is considered a high conservation concern by Seafood Watch. Factor 2.3 Fishing mortality Key relevant information: Very Low Concern The average annual fishing mortality of hooded seals in the Northeast gillnet fishery is 25 seals, based on data. This is below the PBR of 15,360 for the whole population (PBR for U.S waters is unknown), and is low enough in comparison to the total population that it is insignificant and can be considered to be approaching zero (NOAA 2007). Bottlenose Dolphin Factor 2.1 Inherent Vulnerability Key relevant information: High vulnerability (SFW Criteria Document) Factor 2.2 Stock status Key relevant information: High Concern The population most likely to be encountered in the New England fisheries is the Western North Atlantic offshore population. The latest stock assessment for this population is based on 2004 data and estimated the abundance to be 81,588 individuals, with a minimum population abundance of 70,755 animals (NOAA 2008). Status of the population relative to the OSP is unknown, and due to the high vulnerability of the species to fishing pressure, Seafood Watch considers the population to be a high conservation concern.

64 63 Factor 2.3 Fishing mortality Key relevant information: Moderate Concern The impact of fishing activities on the population has not been calculated and it is not possible to determine whether total mortalities have a significant impact on the population. Susceptibility to the gillnet fishery is believed to be high (SFW Criteria Document), and while susceptibility to trawl fisheries is likely lower, bottlenose dolphin takes have been attributed to all three of the flatfish fisheries assessed here (the Northeast gillnet, Northeast bottom otter trawl and Mid-Atlantic bottom otter trawl. Factor 2.4 Overall discard rate Key relevant information: The discard to landings ratios in the fisheries are as follows: - Mid-Atlantic Large-Mesh Otter Trawl = 41% - New England Large-Mesh Otter Trawl = 48% - New England Large-Mesh Gillnet = 47% (NMFS 2011b) Detailed rationale: Due to the nature of the monitoring program, these data are based on port-of-departure for fishing vessels, and do not necessarily align exactly with geographic distributions of specific stocks (Wigley et al. 2011). Nevertheless, both divisions of the otter trawl fishery have discardsto-landings ratios that fall within the range of 40% 60% (NMFS 2011b). Two recent studies utilizing different methodology both found an, approximately, 80% discard mortality rate for summer flounder caught in otter trawls (Hasbrouck et al. 2008, Yergey et al. 2012). The NE large-mesh gillnet fishery has a discard to landings ratio of 47%, while the NE extralarge-mesh gillnet fishery has a discard to landings ratio of 21% (NMFS 2011b). However, while both fisheries target groundfish managed by the NE Multispecies FMP, possibly including flatfish (NMFS 2011b), the large-mesh fishery is probably responsible for the majority of flatfish landings, as extra-large- mesh nets are likely to miss all but the largest flatfish (e.g., halibut). Therefore, Seafood Watch uses the discard to landings ratio of the large-mesh gillnet fishery.

65 64 Criterion 3: Management effectiveness Guiding principle The fishery is managed to sustain the long-term productivity of all impacted species. Management should be appropriate for the inherent vulnerability of affected marine life and should incorporate data sufficient to assess the affected species and manage fishing mortality to ensure little risk of depletion. Measures should be implemented and enforced to ensure that fishery mortality does not threaten the long-term productivity or ecological role of any species in the future. Summary Fishery NE Large-Mesh Otter Trawl Management: Harvest Strategy Rank (Score) Management: Bycatch Criterion 3 Rank (Score) Moderate Concern (3) Moderate Concern (3) Rank Score Yellow 3 MA Large-Mesh Otter Trawl NE Large-Mesh Gillnet Low Concern (4) Moderate Concern (3) Moderate Concern (3) Moderate Concern (3) Green 3.46 Yellow 3 Fishery Critical? Mgmt strategy and implement. Recovery of stocks of concern Scientific Scientific research and advice monitoring Enforce. Track record Stakeholder inclusion Management of Retained Species Rank (Score) Northeast Multispecies Groundfish Mid-Atlantic Largemesh Otter Trawl No No Moderately Effective Highly Effective Moderately Effective N/A Highly Effective Highly Effective Moderately Effective Highly Effective Highly Effective Moderately Effective Moderately Effective Highly Effective Highly Effective Moderate (3) Highly Effective Low (4) Fishery All Critical? Species Retained? Mgmt strategy and implement. Scientific Scientific research and advice monitoring Enforce. Management of bycatch species Rank (Score) Northeast Multispecies Groundfish No No Mid-Atlantic Large-mesh Otter Trawl No No Moderately Effective Moderately Effective Moderately Effective Moderately Effective Moderately Effective Moderately Effective Moderately Effective Moderate (3) Moderately Effective Moderate (3)

66 65 Justification of Ranking Factor 3.1 Management of fishing impacts on retained species Key relevant information: Management of the mid-atlantic large-mesh otter trawl fishery rates is of low conservation concern, while the Northeast multispecies fisheries carry moderate concern with regard to management of retained species. While catch limits have been somewhat less conservative than levels that Seafood Watch deems necessary for highly appropriate management, and new management measures have not yet been in place long enough to permit assessment of their long-term impacts, the stocks managed by the NEFMC and MAFMC have generally experienced mixed (in the case of NEFMC) to positive (in the case of MAFMC) impacts, and newly implemented measures will likely improve results further. Detailed rationale: Northeast Multispecies (Groundfish) Fishery (NE large-mesh otter trawl and NE large-mesh gillnet) Management Strategy and Implementation: Moderately Effective The New England Fishery Management Council (NEFMC) administers the Northeast Multispecies Fishery Management Plan (NE Multispecies FMP), which manages American plaice, Atlantic halibut, windowpane flounder, winter flounder, witch flounder, and yellowtail flounder, together with seven other groundfish species (NMFS 2012b). The NE multispecies groundfish complex has been managed by seasonal and year-round area closures, gear restrictions (e.g., mesh size, number of nets/hooks, etc.), minimum fish size limits, trip limits on poundage of fish per trip, limited access (number of participants in the fishery), and restrictions on the yearly number of DAS when vessels are allowed to fish for groundfish (CFR Title ). In 2010, Amendment 16 to the NE Multispecies FMP greatly expanded catch share, or sectorbased management. The sectors function essentially as cooperatives, as they are self-selecting and largely self-regulating. 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. While the sectors are optional to join, the majority of fishers have chosen to participate: sector vessels made 65% of all NE multispecies landings in 2010, including 98% of groundfish and 54% of non-groundfish (Kitts et al. 2011, NMFS 2012b).

67 66 Under the Magnuson-Stevens Act, the ACL must be set less than or equal to the acceptable biological catch (ABC), which must be set less than or equal to the overfishing level (OFL) (Figure 19) (NOAA 2009a). Figure 19. Relationship between OFL, ABC, ACL, and ACT (NOAA 2009a).. Under current regulations, the estimated probabilities that overfishing occurs (i.e., F > F MSY ) if catch is equal to ABC for each flatfish stock are all below 30% (Table A1a, A1b). Stock assessments account for all sources of fishing mortality, including commercial and recreational landings and discards (e.g., (NEFSC 2008b, 2012c), as well as environmental factors. In fact, new regulations even include an allocation of yellowtail flounder (with accompanying AMs) specifically to the scallop fishery, which otherwise discards a substantial number of yellowtail flounder (NOAA, NEFSC 2008b, TRAC 2011). There have been some concerns with the management strategy in the past, particularly with respect to depleted stocks (see Recovery of Stocks of concern below). In addition, in many cases target TACs have been set too high, due to errors in stock assessments, and there has been a need for increased precaution (see Scientific Advice ). The management system, however, has substantially changed under Amendment 16, which is expected to reduce the race to fish and improve conservation outcomes. For example, discarding has been greatly reduced and is now carefully monitored, and the fishery now relies on hard ACLs rather than target TACs, all of which help reduce the likelihood of exceeding sustainable fishing mortality rates for targeted stocks. In addition, sectors have not exceeded their ACLs, while in the past it was possible for target TACs to be exceeded, as the regulations were based on effort control

68 67 (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. Recovery of stocks of concern: Moderately Effective As the primary goal of the Magnuson-Stevens Act is to provide for the conservation and management of fisheries, the act prohibits overfishing, and it mandates the development and implementation of rebuilding plans for overfished stocks. Rebuilding plans are required to be as short as possible, generally not exceeding 10 years, taking into account the status and biology of the stock, the needs of fishing communities, the interaction of the stock within the marine ecosystem, other environmental factors, and international agreements in which the United States participates (MSA 304(e)(4)) (Magnuson-Stevens Fishery Conservation and Management Act 1976). Pursuant with the requirements of the MSA, the NEFMC significantly revised its management measures with the passage of Amendment 16 to the NE Multispecies FMP, in order to end overfishing, rebuild overfished stocks, and mitigate the adverse economic impacts of these measures. Amendment 16 also implemented new requirements for establishing ABC, ACLs, and accountability measures for each stock managed under the FMP (NMFS 2010a). The Northeast groundfish fishery includes species and stocks that are overfished. For these species and stocks, Amendment 16 to the NE Multispecies FMP has implemented rebuilding plans that are generally scheduled to rebuild the stocks by , by decreasing fishing pressure on these stocks as much as practicable. Where enough data exist to calculate probability of success, the FMP targets a 75% likelihood of rebuilding by target dates (NMFS 2010a). However, the most recent (2010) analysis of the success of rebuilding plans for species in the fishery suggests a lower success rate. Twenty Northeast region stocks are in rebuilding plans. Thirteen have successfully controlled fishing mortality, 8 are rebuilding biomass, and 3 are fully rebuilt (Georges Bank haddock, pollock, and spiny dogfish) (NMFS 2011c). Of the remaining 7 stocks, where overfishing is not controlled, 6 do not have an increase in biomass (Georges Bank cod, Gulf of Maine thorny skate, white hake, winter flounder, and 2 stocks of yellowtail flounder) (NMFS 2011c). For many of these species, rebuilding successfully within the specified timeframe is not likely. However, rebuilding plans are due to be adjusted where needed, as indicated by new assessments, and it is probable that the rebuilding plans will eventually succeed, particularly as current management measures that are more conducive to rebuilding are now in place, but not reflected in the 2010 and earlier data (see management strategy and evaluation ). Scientific Research and Monitoring: Highly Effective The Magnuson-Stevens Act mandates that management be based upon the best scientific information available. The NE Multispecies Plan Development Team of the NEFMC therefore is required to prepare a stock assessment and fishery evaluation report annually, and a fishery review biennially, using the most current scientific information provided from the NOAA

69 68 Northeastern Fisheries Science Center and other sources (Title ). This information is used to set catch limits and other regulations. Fisheries observers are required under all Northeast Region FMPs. The Northeast Fishery Observer Program, managed by NOAA s Northeast Fisheries Science Center, places observers onboard fishing vessels to record weights of kept and discarded fish and crustacean species on observed hauls. Observers also record biological sampling information (tags, lengths, age, and sex) for all species caught, including bycatch of marine mammals, sea turtles, and seabirds (NMFS 2011b). NMFS s authority to place observers aboard fishing vessels comes from the Magnuson-Stevens Act, the Marine Mammal Protection Act, and the Endangered Species Act (NMFS 2011b). Observer coverage is identical for retained and discarded/bycatch species, as observers monitor both retained catch and discards. Scientific Advice: Moderately Effective The Magnuson-Stevens Act mandates that management be based upon the best scientific information available, and there is no evidence of management exceeding advised TACs/ACTs for flatfish. However, the Conservation Law Foundation notes that 2012 catch levels for Gulf of Maine cod may be set dangerously close to the overfishing limit for a stock that is already in very poor health, such that the risk of accidental overfishing will be intolerably high (CLF 2012, Shelley 2012). Historically, NMFS has sometimes set quotas too high, as discussed previously in this report, whether from management not heeding scientific advice in allowing for enough of a precautionary buffer or from the results of the best available science changing over time and indicating that previous estimates had been overly optimistic (and catch limits therefore, too permissive). The NEFMC and NMFS have a mixed record overall on setting catch limits, characteristic of moderately effective management. Enforcement: Highly Effective All commercial otter trawl and gillnet fishing vessels participating in the Northeast multispecies fishery are required to carry vessel monitoring system (VMS) equipment, as well as fill out monthly vessel trip reports (VTRs) for every trip, even if no fishing was conducted in a given month (NMFS 2006, 2011b). VTRs contain information for each trip taken, including catch, effort, gear characteristics, and spatial information (NMFS 2011b). In addition, dealers are required to report total landings by market category (NMFS 2011b). High agreement between VTRs and dealer records suggest that misreporting of landings does not occur at sizeable levels (NMFS 2011b). Independent observer coverage was approximately 30% of all trips in 2010 and 2011, varying approximately from 25% 40% depending on sector; due to costs, coverage is expected to decline to approximately 25% in fishing year 2012 (which starts in May 2012) (Grant 2011). In addition to VMS, VTRs, dealer reports, and observer data, the NE multispecies fishery is managed based on the most current scientific information provided from the NOAA Northeast Fisheries Science Center, as well as a DAS database and dealer reports (NOAA, NMFS 2011b).

70 69 Management measures available to the New England Fishery Management Council include input/effort-based management measures, such as seasonal and year-round area closures, gear restrictions (e.g., mesh size, number of nets/hooks, etc.), limited access (number of participants in the fishery), and restrictions on the yearly number of DAS when vessels are allowed to fish for groundfish (CFR Title ). Other measures include output-based management measures, such as setting hard total allowable catch limits, minimum fish size limits, trip limits on poundage of fish per trip, and accountability measures (AMs) (CFR Title ). AMs permit management to take actions, such as decreasing catch limits for the following year, and imposing civil penalties or permit sanctions if allowable catch is exceeded on any given year (CFR Title ). Other AMs include such actions as proactively instituting no-possession rules for overfished stocks, including SNE/MA winter flounder (currently in place), and requiring selective trawl gear in defined areas if catch limits are exceeded (NOAA 2011c, NMFS 2012b). In July 2011, NFMS decided to redirect the funding for dockside monitoring, and phased out the monitoring by mid-september Dockside monitoring is no longer required for fishing years 2011 & Beginning with the 2013 fishing year, Amendment 16 to the NE multispecies FMP requires that dockside monitoring be funded by the fishing industry (NERO 2011). Track Record: Moderately Effective Management has had a mixed track record of maintaining stock abundance. Several stocks within the groundfish complex have been recently rebuilt, including Georges Bank haddock and SNE windowpane flounder. However, other stocks have also become overfished, including witch flounder, northern windowpane flounder, and pollock. Rebuilding programs for these stocks, as well as other stocks that are not yet rebuilt, are in place (NMFS 2010a, 2012b). The newest measures to control overfishing and rebuild stocks, including Amendment 16 to the NE multispecies FMP, are expected to have a positive effect (NMFS 2010a); however, these measures have not yet been in place long enough to permit an assessment of their long-term impacts on stock abundance and ecosystem integrity. Stakeholder inclusion: Highly Effective The New England Fishery Management Council accepts oral comments at all public hearings, as well as written comments, and considers these in the process of setting catch specifications and adjusting the management framework (Title ). Mid-Atlantic Large-Mesh Otter Trawl [Summer Flounder ( Fluke ) Fishery] Of the 898 vessels possessing commercial permits for summer flounder in 2010, 590 had additional permits for scup, black sea bass, or both. Furthermore, of the 1,194 total vessels participating in any part of the summer flounder, Scup, and black sea bass fishery, 13 had commercial multispecies permits, 3 had party/charter multispecies permits, and 461 had open access multispecies permits (non-party/charter) (NMFS and MAFMC 2011).

71 70 Management Strategy and Implementation: Highly Effective Summer flounder is managed under the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (SFSCBSB FMP). The Mid-Atlantic Fisheries Management Council (MAFMC) and Atlantic States Marine Fisheries Commission (ASFMC) jointly develop complementary fishery regulations for federal and state waters, respectively, and the National Marine Fisheries Service (NMFS) implements and enforces these regulations. The original summer founder FMP was implemented in 1988, at which point summer flounder stock biomass was at its lowest points since the 1960s, and the scup FMP and black sea bass FMP were each incorporated into the overall FMP in 1996 by Amendments 8 and 9, respectively (Terceiro 2011b). To address historic overcapitalization of the fleet and limit and reduce fishing effort, Amendment 2 to the SFSBSB FMP introduced, and Amendment 10 extended indefinitely, a moratorium on entry of additional vessels into the summer flounder fishery in the EEZ (MAFMC 1993, MAFMC and ASFMC 1997). The commercial summer flounder fishery is managed through a combination of permits, minimum fish sizes, quotas, and gear restrictions, and the owners or operators of any vessel issued a moratorium permit are required to submit vessel trip reports monthly (NOAA 2011a). The Magnuson-Stevens Act mandates that management decisions be based upon the best scientific information available. According to the Code of Federal Regulations, Title 50, Part 648, Subpart G, summer flounder ACLs and ACTs may be established on an annual basis for up to 3 years at a time, depending on whether acceptable biological catch (ABC) recommendations are for single or multiple years. Management has recently been evaluating the status of the summer flounder stock on a yearly basis, with assessment updates published in 2011, 2010, and 2009, and in the preceding ten years, in 2006, 2003, and 1999 (Terceiro 1999, 2003, 2006a, 2009, 2010, 2011b). The most recent peer review of the assessment occurred in 2008, at the 47 th Stock Assessment Workshop (NEFSC 2008a). The plan that MAFMC implemented for 2012 includes an ABC that is 81% of the October 2011 revised OFL. The scientific uncertainty offset from OFL is therefore 19%. This ABC is associated with a 40% probability of overfishing the stock, consistent with the council s risk policy, but exceeding the 30% probability deemed by Seafood Watch to be the threshold for risk-averse management. NMFS expected that this ABC would ensure summer flounder are not subject to overfishing or overfished in The sum of commercial and recreational sector ACLs would equal the ABC. Based on the recommendation of a monitoring committee, which the FMP established for the specific purpose of recommending management measures necessary to achieve appropriate catch limits, the ACT has been set equal to ACL, implying no offset for management uncertainty. The final commercial quota and recreational harvest limits also account for estimated discards and a research set-aside (RSA) of 3% (NMFS and MAFMC 2011).

72 71 In recent years, management has done a good job of keeping fishing mortality within established limits. For instance, in 2011, less than 93% of the allotted quota (including both recreational and commercial fisheries) was landed (NOAA). Discard data for this year were not available at the time of this report s publication, but, as mentioned above, the regulatory process subtracts expected discards from the commercial and recreational ACLs to obtain quotas for commercial and recreational fisheries (NMFS and MAFMC 2011). Figure 20. Summer flounder landings in calendar year 2011 (NOAA). Management of the summer flounder fishery accounts for both commercial and recreational harvest, as well as for bycatch in other fisheries (NMFS and MAFMC 2011). The 47 th SAW examined environmental influences on stock dynamics, and concluded that while some commonly measured environmental factors appeared related to recruitment success, their inclusion in summer flounder population dynamics models would not improve reliability of forecasts or biological reference points (NEFSC 2008a). Three commercially targeted species, overall, are covered by the summer flounder, scup, and black sea bass FMP. Management has proven effective in rebuilding or maintaining all stocks at high productivity. Since implementation of the original summer flounder FMP in 1988, SSB increased from about 7,000 mt in 1989 to over 40,000 mt by 2002, and was estimated at 60,238 mt in 2010; as SSBMSY was estimated at 60,074 mt in 2010, this stock was therefore considered rebuilt (Terceiro 2011b). Scup SSB MSY was estimated at 92,044 mt in 2010, whereas since implementation of the SFSCBSB FMP, SSB has increased from below 5000 mt in mid-1990s to greater than 100,000 mt since 2004, and was estimated at 186,262 mt in 2010 (Terceiro 2011a). Lastly, black sea bass is a data-poor fishery, but abundance indices generally show biomass

73 72 peaking in the early 2000s, and declining back to the series average by the end of the decade (NEFSC 2012a), so the long-term impact of management on this stock has been neutral overall. Recovery of stocks of concern: N/A Scientific Research and Monitoring: Highly Effective Stock assessments based on abundance and fishing mortality for summer flounder have been published regularly over the last decade, including in 2011, 2010, 2009, 2006, and 2003 (Terceiro 2003, 2006a, 2009, 2010, 2011b); a formal peer reviewed assessment of summer flounder was last performed in 2008 (NEFSC 2008a). Assessments incorporate both fisherydependent data and fishery-independent data from research surveys (Terceiro 2011b). Fisheries observers are required under all Northeast Region FMPs. The Northeast Fishery Observer Program, managed by NOAA s Northeast Fisheries Science Center, places observers onboard fishing vessels to record weights of kept and discarded fish and crustacean species on observed hauls. Observers also record biological sampling information (tags, lengths, and sometimes age and sex) for all commercial species caught, including bycatch of marine mammals, sea turtles, and seabirds (NMFS 2011b). NMFS s authority to place observers aboard fishing vessels comes from the Magnuson-Stevens Act, the Marine Mammal Protection Act, and the Endangered Species Act (NMFS 2011b). Observer coverage is identical for retained and discarded/bycatch species, as observers monitor both retained catch and discards. Among the fisheries primarily responsible for summer flounder landings, observer coverage in 2011 was 3.5% in the Mid-Atlantic large-mesh otter trawl, and 8.0% in the New England large-mesh otter trawl (Wigley et al. 2011). Sampling intensity has increased nearly ten-fold since 1995, when 165 mt were landed for every 100 fish lengths measured, to 17 mt of landings for every 100 fish lengths measured (Terceiro 2011b). Scientific Advice: Highly Effective The Magnuson-Stevens Act mandates that management be based upon the best scientific information available. There is no recent track record of management exceeding advised TACs/ACTs. Enforcement: Moderately Effective The Mid-Atlantic Fishery Management Council obtains information from observer data, a DAS database, and vessel trip reports (NMFS 2011b), as well as dealer reports (Title ). Vessel operators must fill out monthly VTRs for every trip, even if no fishing was conducted in a given month (NOAA 2011a). VTRs contain information for each trip taken including catch, effort, gear characteristics, and spatial information (NMFS 2011b). High agreement between VTRs and dealer records suggest that misreporting of landings does not occur at sizeable levels (NMFS 2011b). However, since 2000, observer program data has generally indicated higher discard rates than those reported in VTRs (Terceiro 2011b). Current stock assessments base their discard estimates on observer reports (Terceiro 2011b), so the effect of any VTR

74 73 misreporting is perhaps somewhat diminished. Management measures available to the MAFMC are similar to those of the NEFMC, and include: Adjustments within existing ABC control rule levels; adjustments to the existing MAFMC risk policy; introduction of new AMs, including sub-acts; minimum fish size; maximum fish size; gear restrictions; gear requirements or prohibitions; permitting restrictions; recreational possession limit; recreational seasons; closed areas; commercial seasons; commercial trip limits; commercial quota system including commercial quota allocation procedure and possible quota setasides to mitigate bycatch; recreational harvest limit; specification quota setting process; FMP monitoring committee composition and process; description and identification of essential fish habitat (and fishing gear management measures that impact essential fish habitat (EFH); description and identification of habitat areas of particular concern; regional gear restrictions; regional season restrictions (including option to split seasons); restrictions on vessel size (LOA and GRT) or shaft horsepower; operator permits; any other commercial or recreational management measures; any other management measures currently included in the FMP; and set-aside quota for scientific research. (CFR Title ) AMs, or accountability measures, permit management to take actions such as decreasing catch limits for the following year if allowable catch is exceeded on any given year. Track Record: Highly Effective As discussed previously, management has successfully rebuilt the summer flounder stock from record low levels upon plan implementation in 1988 to SSB MSY in 2010, and similarly rebuilt the scup and black sea bass stock. Stakeholder inclusion: Highly Effective The MAFMC takes public testimony at all council meetings, and accepts written comments, as well (MAFMC). The MAFMC is required to provide the public with advance notice of recommended adjustments, appropriate justification and economic and biological analyses, and the opportunity to comment on the proposed amendments (CFR Title ). NMFS also accepts public comment during the rulemaking process. Factor 3.2 Management of fishing impacts on bycatch species Key relevant information: Overall, the New England otter trawl and gillnet fisheries and the Mid-Atlantic otter trawl fishery have appropriate goals and strategies for managing fishing impacts on bycatch species, but do not unequivocally meet the standards of highly effective implementation and monitoring.

75 74 Detailed rationale: Management Strategy and Implementation: Moderately Effective The Magnuson-Stevens Act (MSA) requires management to prevent overfishing from happening, and rebuild any fish stocks that are overfished (MSA 301 and 303) (Magnuson- Stevens Fishery Conservation and Management Act 1976). Marine mammals are further protected under the Marine Mammal Protection Act (MMPA) of 1972, which provides for the maintenance of marine mammal populations at or above their optimum sustainable levels, and requires the replenishment of depleted stocks. Some species of fish, marine mammals, sea turtles, and seabirds are protected under the Endangered Species Act of 1973, which provides for the conservation of species that are endangered or threatened with extinction throughout all or a significant portion of their range, and the conservation of the ecosystems upon which they depend (Endangered Species Act 1973). These three policy frameworks direct all US FMPs to prevent the overexploitation of all species that are caught in each fishery, whether targeted or incidental. The MSA requires that all management measures must minimize bycatch to the extent practicable, and minimize mortality of bycatch when bycatch is unavoidable (MSA 301(a)(9) and 303(a)(11)) (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 MAFMC jointly developed an omnibus amendment, corresponding to Amendment 15 to the NE multispecies FMP and Amendment 16 to the summer flounder, scup, and black sea bass 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 (NMFS 2008). To be approved to operate, sectors must submit an operations plan to the regional administrator (NEFMC) detailing, among other things, how bycatch of regulated species and ocean pout will be avoided beyond the allowable catch entitlement (Title 50 CFR ). To address harbor porpoise mortality in gillnet fisheries, NMFS updated its arbor 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 (Fig. A10a), as well as consequence closure areas that would seasonally close certain areas to gillnet fishing if the observed average bycatch rate exceeds the target bycatch rate for two consecutive management seasons (Fig. A10b) (75 FR 7383). Acoustic deterrents, or pingers, are highly effective in reducing harbor porpoise bycatch in gillnets when used properly, with a controlled scientific study showing a 92% reduction in harbor porpoise bycatch (Kraus et al. 1997). Area closures, if triggered and properly enforced, should be highly effective, too. However, at this time, levels of bycatch remain above 50% of the PBR level for the species,

76 75 thus management is considered uncertain until data demonstrate that it has fallen below that threshold, particularly considering recent concerns with regulations compliance (see Enforcement ). Title 50 CFR requires turtle excluder device (TED) use in certain areas and times for the summer flounder fishery (NMFS 2011b) (Fig. A11); these devices, while not 100% effective, do successfully reduce turtle bycatch rates (Murray 2008). The areas and seasons requiring TED use presumably are meant to protect the greatest concentrations of sea turtles; for example, the protected area encompasses much of the region where one study predicted the highest interaction rates (Warden 2011). However, as the water warms in the summer and fall, turtles may range further north (Warden 2011), where they are subject to capture in trawl gear that does not have TEDs installed. NMFS is considering strengthening sea turtle protections by increasing the size of the TED escape opening required in the summer flounder fishery, and expanding the zones where TEDS are required to include more northerly regions of sea turtle occurrence (NMFS 2009a, Warden 2011). Loggerhead sea turtles are not regularly encountered in the New England fisheries (NMFS 2011b), so there are no TED requirements for the NE otter trawl and gillnet fisheries. Sea turtle cumulative fisheries mortality is not addressed in a matter analogous to the protections afforded to marine mammals, and loggerheads are still threatened by the level of cumulative mortality (Finkbeiner et al. 2011). Three seabird species that are listed as endangered by the ESA or are a conservation concern the Bermuda petrel, or cahow (Pterodroma cahow), the northeast nesting population of the roseate tern (Sterna dougallii dougallii), and the Atlantic red-throated loon (Gavia stellata) may potentially interact with fishing gears in the Northeast, but bycatch estimates were generally not available as of 2011 (NMFS 2011b). The exception was a recent study of common loon and red-throated loon bycatch in gillnets off the US Atlantic coast, which found that while total bycatch of red-throated loons reached about 60% of the PBR threshold, rendering bycatch a serious concern, none of this bycatch is attributable to the New England gillnet fishery (Warden 2010). Bycatch estimation methods for the remaining seabirds are currently being developed (NMFS 2011b). Scientific Research and Monitoring: Moderately Effective Fisheries observers are required under all Northeast Region FMPs (see Scientific Research & Monitoring section, below), and these observers monitor quantity and composition of catch and bycatch. Independent observer coverage was approximately 30% of all trips in 2010 and 2011, varying approximately from 25% 40% depending on sector; and due to costs, coverage is expected to decline to approximately 25% in fishing year 2012 (which starts in May 2012) (Grant 2011). The Northeast Fishery Observer Program, managed by NOAA s Northeast Fisheries Science Center, places observers onboard fishing vessels to record weights of kept and discarded fish and crustacean species on observed hauls. Observers also record biological sampling information (tags, lengths, age, and sex) for all species caught, including bycatch of marine mammals, sea turtles, and seabirds (NMFS 2011b).

77 76 However, due to the rarity of some bycatch species, the same level of observer coverage that is sufficient for monitoring retained species may not always be sufficient for monitoring bycatch species; similarly, a given level of coverage may be sufficient for a large fishery but not for a small one. Standard bycatch reporting methodology (SBRM) indicates that a simple percent coverage is not appropriate, and, instead, indicates that the appropriate metric of coverage is the coefficient of variation (CV), or the ratio of the square root of the variance of the bycatch estimate (i.e., standard error) to the estimate itself. SBRM establishes a standard level of precision of CV = 0.3 (NMFS 2008). The US National Bycatch Report, a comprehensive report on the state of bycatch in US fisheries that draws on data from as recently as 2005, indicates that the additional monitoring required to achieve a 30% CV across all NE otter trawl fisheries would be 10,000 DAS, which would only be moderately feasible. The NE gillnet fisheries would require 600 DAS to reach this benchmark, and the MA otter trawl fisheries another 500 DAS, so each of these targets would be highly feasible (NMFS 2011b). Of the protected species (cetaceans and sea turtles) that are incidentally caught as bycatch in the NE and MA otter trawl fisheries and the NE gillnet fisheries, all have a CV < 0.3 except for the NE gillnet fishery bycatch of Atlantic white-sided dolphin (0.33), the short-beaked common dolphin (0.45), and Risso s dolphin (0.93) (Waring et al. 2010). Of these, the Risso s dolphin is not a strategic species, and had an average annual mortality of 3 animals per year attributable to the NE sink gillnet fishery between , so the low level of precision is tolerable; however, for the other two species, the lack of precision is a somewhat greater cause for concern. The US National Bycatch Report ranked fisheries using a tiered system (refer to Table A3 for descriptions of the relevant tiers) to describe the quality of information available about bycatch of fish, marine mammals, and other protected species. The NE otter trawl and gillnet fisheries each rated as Tier 4 for fish and marine mammals, and Tier 3 for other protected species, whereas the MA otter trawl rated as Tier 3 for fish and marine mammals, and Tier 4 for other protected species (NMFS 2011b). These ratings indicate that bycatch data collection and analysis are generally good or fair, but have room for improvement. The National Bycatch Report addresses concerns and makes recommendations for improving monitoring of bycatch based on the Northeast Region Omnibus SBRM Amendment (NEFMC and MAFMC 2007). These largely center on increasing observer coverage to attain the recommended CV of 30% for rare species, as well as verifying industry data (i.e., VTRs) more thoroughly. A third recommendation is to implement the serious injury determination protocol for marine mammals that was outlined by Anderson et al. (2008). Lastly, the report recommends completing a full assessment of needs to improve seabird bycatch data collection and estimation (NMFS 2011b).

78 77 Specific to the NE gillnet fishery, a projected 1,000 sea-days would be required to achieve a 30% CV for harbor porpoise bycatch estimates, which is about 600 days more than was funded in This figure does not account for the overlap between marine mammal and fish sampling programs, so the number of additional sea-days is overestimated to an unknown degree. Specific to the NE otter trawl fishery, an additional 10,000 sea-days (similarly overestimated) would be required to achieve a 30% CV for long- and/or short-finned pilot whale bycatch estimates, but this amount of observer coverage is likely to be prohibitively expensive. Lastly, specific to the MA otter trawl fishery, an additional 500 sea-days (similarly overestimated) would be required to achieve a 30% CV for pilot whale bycatch estimates. Observers in the MA otter trawl fishery also recently started collecting more information about the types of trawl nets and TEDs being used, so this data will enable analysis of whether gear type affects turtle bycatch rates (NMFS 2011b). Scientific Advice: Moderately Effective There is no reason to score this factor differently from retained species; although the MSA requires that management be based on the best available scientific advice, some stocks may not get the full level of protection necessary to rebuild or prevent depletion, as discussed in section 3.1, above. Enforcement: Moderately Effective Enforcement may be somewhat weaker for bycatch species than for retained species. For instance, when a study demonstrated the effectiveness of acoustic pingers in reducing harbor porpoise bycatch (Kraus et al. 1997), a take reduction plan was subsequently implemented in the fishery, and harbor porpoise bycatch decreased from above 1500 animals per year prior to 1996 to below 500 animals per year during However, within several years of implementation, compliance decreased, and bycatch of harbor porpoises started to increase. Outreach activities increased in to remind fishers about TRP requirements, and compliance subsequently increased, so bycatch started decreasing again (NMFS 2011b), reaching a mean annual mortality of 572 animals during (Waring et al. 2010). However, concerns about compliance remain. Recently published data from suggests that acoustic pinger deployment rates in the Gulf of Maine were just 43%, with full compliance (accounting for functionality as well) at only 6.7% (Orphanides 2012a). Although observed deployment rates were higher in (73% for Southern New England and 80% for the Gulf of Maine), improvement is still needed. Target bycatch rates for harbor porpoises continue to be exceeded, which is believed to be due to inadequate compliance with deployment regulations as well as malfunctioning pingers (Orphanides 2012b). In addition, the National Bycatch Report notes that VTRs do not note use or the condition of TEDs, so it is difficult to monitor compliance and effectiveness of TED use in reducing sea turtle bycatch (NMFS 2011b).

79 78 Criterion 4: Impacts on the habitat and ecosystem Guiding principles The fishery is conducted such that impacts on the seafloor are minimized and the ecological and functional roles of seafloor habitats are maintained. Fishing activities should not seriously reduce ecosystem services provided by any fished species or result in harmful changes such as trophic cascades, phase shifts or reduction of genetic diversity. Summary Fishery Justification Impact of gear on the substrate Mitigation of gear impacts Rank (Score) Rank (Score) Rank (Score) NE Large-Mesh Moderate Concern (2) Otter Trawl MA Large-Mesh Moderate Concern (2) Otter Trawl NE Large-Mesh Low Concern (3) Gillnet Moderate mitigation (0.5) Minimal mitigation (0.25) Minimal mitigation (0.25) Factor 4.1 Impact of the fishing gear on the substrate EBFM Criterion 4 Moderate Concern (3) Moderate Concern (3) Moderate Concern (3) Key relevant information: Bottom trawl - Moderate Concern ; Gillnet Low Concern Rank Score Yellow 2.74 Yellow 2.6 Yellow 3.12 The flatfish that are the focus of this report are found primarily on sand, silt, mud, or clay substrates, although halibut and winter flounder can sometimes be found on gravel. Of these, there is no directed fishery for halibut, and winter flounder tends to be found primarily in water shallower than 50m, but, at times they are found in water depths of up to 80m (Cargnelli et al. 1999a, Cargnelli et al. 1999b, Chang et al. 1999, Johnson et al. 1999, Packer et al. 1999, Pereira et al. 1999, Collette and Klein-MacPhee 2002, Johnson 2004). Closer inshore, winter flounder frequents areas of muddy sand broken up by patches of eelgrass, but the fishery is not believed to interact with the eelgrass habitat (pers. comm., Orth 2012). Although less resilient gravel habitats are not uncommon in the Northeast, fishing activity targeting flatfish generally occurs over the sandy and muddy substrates that the flatfish inhabit.

80 79 The Mid-Atlantic fishing region is dominated by sand with approximately 5% gravel (pers. comm., Stokesbury 2012; NEFMC 2010b). Summer flounder often occur in sand patches near eelgrass beds or among dock pilings (Collette and Klein-MacPhee 2002); however, since 1980, about 70% of commercial landings of summer flounder have come from greater than 3 miles offshore (Terceiro 2011b), so the threat to fragile biogenic habitat (i.e., seagrass) is diminished. Eelgrass distribution is limited to the depths of sunlight penetration, typically about 2-3 meters below mean low water in this region, and is not believed to occur where this fishery operates (Orth et al 2010, Neckles et al 2005, pers. comm., Orth 2012). The risk of damage to seagrass beds is low, as is the risk to low-energy gravel and to other less resilient habitats. The gillnet fishery may possibly be prosecuted over boulder habitat in general, but, considering that none of the flatfish that are the focus of this report are found in such habitat, any vessel targeting them is not likely to disturb rocky habitat. Detailed rationale: Trawling impacts sea floor communities by scraping the ocean bottom causing 1) sediment resuspension (turbidity) and smoothing, 2) removal and/or damage to non-target species, and 3) destruction of three-dimensional habitat, both biotic and abiotic (Auster and Langton 1999). The degree of impact is determined by many factors, most notably 1) the type and weight of gear used; 2) the resilience of the seabed; and 3) the amount and frequency of the disturbance. Several studies on the effects of bottom trawling have focused on the heavily trawled fishing grounds in the northwest Atlantic (Collie et al. 1997; Collie et al. 2000). Prena et al. (1999), for example, conducted an experimental trawl study on the Grand Banks off Newfoundland and reported that otter trawling on a sandy bottom ecosystem can produce detectable changes on both benthic habitat and communities, in particular a significant reduction in the biomass of large epibenthic fauna. Bottom trawl disturbance of the seabed is mainly a function of bottom type (rock, sand, mud, etc.) and gear type (dredge, beam, otter trawl, etc.). Some types of trawling gear cause less damage (i.e., otter trawls vs. scallop dredge) and some sediment types (and their associated ecosystems) are more resilient to disturbances caused by trawling. In a review of fishing effects, Collie et al. (2000) found that fauna associated with sandy (coarser) sediments were less affected by disturbance than those in soft, muddy (biogenic) sediments. Recovery rate appears to be slower in muddy and structurally complex habitats, while mobile sandy sediment communities can withstand 2-3 trawl passes per year without significant (adverse) change (Collie et al. 2000). Otter trawling has been ranked as causing less disturbance to the sea floor than other types of trawling, such as inter-tidal and scallop dredging (Collie et al. 2000; NOAA 2002b), but it is probable that repetitive trawling in these areas causes significant, and possibly adverse change to seabed ecosystems along the US East Coast.

81 80 Factor 4.2 Modifying factor: Mitigation of fishing gear impacts Key relevant information: NE Bottom Trawl Moderate Mitigation; MA Bottom Trawl & NE Gillnet Minimal Mitigation The NEFMC and MAFMC, which are responsible for managing the New England otter trawl and gillnet fisheries and the Mid-Atlantic otter trawl fishery, respectively, employ a variety of techniques to mitigate impacts of the fisheries on habitat. Between permanent, rolling, and seasonal area closures, gear restrictions, and effort controls, Seafood Watch deems the Northeast otter trawl fishery to have Moderate Mitigation. There are many fewer areas offlimits to gillnets, and a smaller proportion of habitat closed to bottom-tending gears in the Mid- Atlantic compared to the New England region, so the New England gillnet fishery and the Mid- Atlantic trawl fishery both rate as having Minimal Mitigation. Detailed Rationale: The Sustainable Fisheries Act of 1996 (SFA), which amended the Magnuson-Stevens Act Fishery Conservation and Management Act (MSA), greatly strengthened habitat protections for marine, estuarine, and anadromous finfish, mollusks, and crustaceans. Emphasizing the importance of habitat protection to healthy fisheries, the SFA charged NMFS and the Fishery Management Councils with taking stronger actions to protect and conserve essential fish habitat (EFH), which the MSA defines as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity (NEFMC and NMFS 1998). Consequently, the NEFMC implemented Amendment 11 to identify and describe EFH for all of its managed species, to identify all major fishing and non-fishing related threats to EFH, and to identify existing and potential mechanisms protect, conserve, and enhance EFH (NEFMC and NMFS 1998). In order to minimize, mitigate or avoid adverse impacts on EFH, the NEFMC has taken measures including closing certain areas to fishing, instituting permit systems, effort reduction (DAS) measures, and gear restrictions (Orphanides and Magnusson 2007). Closed areas consist of permanent year-round closures prohibiting all bottom-tending mobile gears, including bottom otter trawls (but not including gillnets) (Fig. 21 and A12) as well as rolling closures in the Gulf of Maine and a seasonal closure in Georges Bank (Fig. A13) (Orphanides and Magnusson 2007). These areas are primarily designed to protect concentrations of juvenile and spawning adult fish (NEFMC 1996). In addition, restricted gear areas (RGAs) protect other locations by setting more limits on gear, such as requiring Ruhle trawls or haddock separators; these gear modifications significantly reduce bycatch of cod and various flatfish species without significantly altering catch of target species (i.e., haddock) (Beutel et al. 2008, Dankel et al. 2009). These areas include the Inshore Restricted Roller Gear Area (Fig. A14), the Mobile Gear and Lobster Trap/Pot RGAs (Fig. A15), the Western Georges Bank and Southern New England RGAs (with restrictions specifically tailored to protect flatfish; Fig. A16), and the Whaleback Cod Spawning Closure Area (prohibiting all gears capable of catching groundfish, including even gillnets, for part of the year; Fig. A17).

82 81 All told, the NEFMC has placed varying degrees of protection on a substantial portion of representative habitats. Approximately 28% of the US portion of Georges Bank was closed to all trawl and dredge fisheries between 1995 and 1998, although portions of these areas were reopened to scallop dredging in 1999 and 2000 (Brodziak and Link 2002). The Gulf of Maine has a smaller proportion of representative habitat that is completely off-limits to bottom-tending gear, but a substantial amount of habitat under partial protection. Overall, closed areas have been expanding in size and duration since 1996 (Orphanides and Magnusson 2007). One of the primary strategies that the MAFMC has used to protect summer flounder EFH has been to set state level quotas, and state level closures have been frequent (Orphanides and Magnusson 2007). When a closure is in effect, trawling activity and the impact to EFH is reduced. With regard to direct protection of EFH, there are restrictions on trawling in approximately 20% of representative habitat in the Mid-Atlantic, but only a portion of this is closed to mobile fishing gears, with the other areas specifying allowed trawl gear based on mesh size. These protections include the Northern and Southern Scup GRAs (Fig. A18), which set a minimum mesh size of 5.0 (NOAA), and the recent closure of four submarine canyons to all trawling (Fig. A19) in order to protect juvenile and adult tilefish (NOAA 2009b). Figure 21. Year-round EFH closure areas are closed to all bottom-tending mobile gears (NOAA).

83 82 Factor 4.3 Ecosystem and Food Web Considerations Key relevant information: Flounders and plaice are neither top predators nor basal prey in their ecosystems, and neither are they known to be keystone or foundational species. Atlantic halibut, while greatly depleted from its historical abundance, is not considered an endangered species. Therefore, none of the flatfish considered in this report are species of exceptional importance, as defined by Seafood Watch. Consideration of food web and ecosystem processes in management is a work in progress in the Atlantic fisheries. Currently, broad issues are considered, but more in the sense of setting general context rather than specific regulations, and primarily considering the effects of the environment on target stocks (as discussed in Factor 3.1, Management Impacts on Retained Stocks, above) rather than effects of the fishery on the environment. In addition, EFH protections for juvenile fish and spawning adults, such as those described above, are likely to protect entire demersal assemblages of fish (except, of course, in the case of Ruhle trawls and haddock separators). However, the NEFMC is beginning to implement a 5-year strategy to transition to ecosystembased management of fisheries, and while the MAFMC has not yet framed a comparable strategy, it is expected to do so shortly. Such management would replace individual management plans with holistic, integrated plans for defined ecological regions, with considerations for predator-prey relationships, competition, habitat status and gear impacts, and protected species all taken into account under the umbrella plan. Efforts are underway by the New England Fishery Management Council to develop ecosystem-based fishery management (EBFM) in 3 phases: to establish goals and objectives; to identify management and scientific requirements to implement EBFM in the region; and to implement EBFM using quota-based management in all ecosystem production units (NEFMC SSC 2011). The impacts on the ecosystem and food web are considered to be moderate until implementation of the plan is underway. Detailed rationale (optional): In 2010, the Scientific and Statistical Committee of the New England Fishery Management Council (NEFMC) developed a white paper on ecosystem-based fisheries management (EBFM). The NEFMC white paper lays out an implementation plan for EBFM which includes developing elements of a full EBFM strategy to inform current FMPs during a transition period. The first step will be to define ecosystem production units (EPUs) to serve as the basis of EBFM management units. Thus far, four EPUs have been identified: Western-Central Gulf of Maine; Eastern Gulf of Maine-Scotian Shelf; Georges Bank-Nantucket Shoals; and Middle-Atlantic Bight. Additional steps include: identifying issues and ecosystem services associated with each EPU; defining EBFM objectives to be achieved for each EPU and risks of failure; developing management strategies to achieve EBFM objectives; and defining EPU status and designing reporting requirements and assessment tools required to monitor progress towards EBFM

84 83 objectives (NEFMC SSC 2010). Implementation of full EBFM is expected to take 6 years (NEFMC SSC 2011).

85 84 Overall Recommendation Final Score = geometric mean of the four Scores (Criterion 1, Criterion 2, Criterion 3, Criterion 4). The overall recommendation is as follows: Best Choice = Final Score between 3.2 and 5, and no Red Criteria, and no Critical scores Good Alternative = Final score between 2.2 and 3.199, and Management is not Red, and no more than one Red Criterion other than Management, and no Critical scores Avoid = Final Score between 0 and 2.199, or Management is Red, or two or more Red Criteria, or one or more Critical scores. 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 two anonymous reviewers for graciously reviewing this report for scientific accuracy.

86 85 References Anderson, M. S., K. A. Forney, T. V. N. Cole, T. Eagle, R. Angliss, K. Long, L. Barre, L. Van Atta, D. Borggaard, T. Rowles, B. Norberg, J. Whaley, and L. Engleby Differentiating serious and non-serious injury of marine mammals: Report of the Serious Injury Technical Workshop September 2007, Seattle, Washington. NOAA, U.S. Department of Commerce. ASFMC Overview of stock status: summer flounder, Paralichthys dentatus. Atlantic States Marine Fisheries Commission. r_stockstatus.pdf. Beutel, D., L. Skrobe, K. Castro, P. Ruhle Sr., P. Ruhle Jr., J. O'Grady, and J. Knight Bycatch reduction in the Northeast USA directed haddock bottom trawl fishery. Fisheries Research 94: Brodziak, J., and L. A. Col Atlantic Halibut. Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, U.S. Department of Commerce. Brodziak, J., and J. Link Ecosystem-based fishery management: what is it and how can we do it? Bulletin of Marine Science 70: Cargnelli, L. M., S. J. Griesbach, and W. W. Morse. 1999a. Essential Fish Habitat Source Document: Atlantic Halibut, Hippoglossus hippoglossus, Life History and Habitat Characteristics. Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. Cargnelli, L. M., S. J. Griesbach, D. B. Packer, P. L. Berrien, W. W. Morse, and D. L. Johnson. 1999b. Essential Fish Habitat Source Document: Witch Flounder, Glyptocephalus cynoglossus, Life History and Habitat Characteristics. Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. Chang, S., P. L. Berrien, D. L. Johnson, and W. W. Morse Essential Fish Habitat Source Document: Windowpane, Scophthalmus aquosus, Life History and Habitat Characteristics. Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. CLF Conservation Law Foundation position paper on interim emergency action by National Marine Fisheries Service: Fishing years 2012 and 2103 [sic] (Feb. 10, 2012). Conservation Law Foundation. Col, L. A., and C. M. Legault 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. Collette, B. B., and G. Klein-MacPhee, editors Bigelow and Schroeder's fishes of the Gulf of Maine, 3rd edition. Smithsonian Institution Press, Washington, D.C. Conant, T. A., P. H. Dutton, T. Eguchi, S. P. Epperly, C. C. Fahy, M. H. Godfrey, S. L. MacPherson, E. E. Possardt, B. A. Schroeder, J. A. Seminoff, M. A. Snover, C. M. Upite, and B. E. Witherington Loggerhead Sea Turtle (Caretta caretta) 2009 Status Review Under

87 86 the U.S. Endangered Species Act. Report of the Loggerhead Biological Review Team to the National Marine Fisheries Service. National Marine Fisheries Service. Dankel, D. J., N. Jacobson, D. Georgianna, and S. X. Cadrin Can we increase haddock yield within the constraints of the Magnuson-Stevens Act? Fisheries Research 100: Endangered Species Act Finkbeiner, E.m., Wallace, B.P., Moore, J.E., Lewison, R.L., Crowder, L.B., Read, A.J Cumulative estimates of sea turtle bycatch and mortality in USA fisheries between 1990 and Biological Conservation 144: Froese, R. e., and D. e. Pauly. Fishbase. Grant, M Personal communication. September Grasso, G. M What appeard limitless plenty: the rise and fall of the nineteenth-century Atlantic halibut fishery. Environmental History 13: Hasbrouck, E., T. Froehlich, K. Gerbino, J. Scotti, E. N. Powell, E. Bochenek, and J. Morson SAW 47 working paper: Discard mortality of summer flounder in the inshore trawl fishery. Northeastern Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. Hendrickson, L Windowpane Flounder. Northeastern Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce. Johnson, D. L Essential Fish Habitat Source Document: American Plaice, Hippoglossoides platessoides, Life History and Habitat Characteristics. Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. Johnson, D. L., W. W. Morse, P. L. Berrien, and J. J. Vitaliano Essential Fish Habitat Source Document: Yellowtail Flounder, Limanda ferruginea, Life History and Habitat Characteristics. Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. Kitts, A., E. Bing-Sawyer, J. Walden, C. Demarest, M. McPherson, P. Christman, S. Steinback, J. Olson, and P. Clay final report on the performance of the Northeast Multispecies (groundfish) fishery (May2010-April 2011). Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. 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. Legault, C. M., and S. Cadrin Yellowtail flounder (Limanda ferruginea). Northeastern Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce. MAFMC. Public Comment. Mid-Atlantic Fishery Management Council. MAFMC Amendment 2 to the fishery management plan for the summer flounder fishery. Mid-Atlantic Fishery Management Council. MAFMC, and ASFMC Amendment 10 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. Mid-Atlantic Fishery Management Council, Atlantic States Marine Fisheries Commission. Magnuson-Stevens Fishery Conservation and Management Act

88 87 Marine Mammal Protection Act Murray, K. T Estimated average annual bycatch of loggerhead sea turtles (Caretta caretta) in US Mid-Atlantic bottom otter trawl gear, (Second Edition). Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. National Research Council Review of Northeast fishery stock assessments. National Academy Press, Washington, D.C. NEFMC Amendment #7 to the Northeast Multispecies Fishery Management Plan. in. New England Fishery Management Council, 61 CFR NEFMC. 2011a Northeast skate complex specifications and supplemental environmental assessment regulatory impact review and initial regulatory flexibility analysis. New England Fishery Management Council, Newburyport, Massachusetts. NEFMC. 2011b. Final skate specifications: Adjustments to skate ABC specifications and management measures. New England Fishery Management Council. NEFMC. 2011c. Monkfish FMP Framework 7 Appendix 2: SARC 50 Monkfish Assessment Summary for New England Fishery Management Council. NEFMC June 2012 TRAC: Eastern GB cod, EGB haddock, and GB yellowtail flounder. NEFMC, Plymouth, MA, September 26, Available at: NEFMC, and MAFMC Northeast Region standardized bycatch reporting methodology: An omnibus amendment to the fishery management plans of the Mid-Atlantic and New England Regional Fishery Management Councils. in M.-A. F. M. C. New England Fishery Management Council, and National Marine Fisheries Service, editor. NEFMC, and 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 NEFSC th SAW Assessment Summary Report. Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA, US Department of Commerce, Woods Hole, MA. NEFSC. 2008a. 47th Northeast Regional Stock Assessment Workshop (47th SAW). Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA, US Department of Commerce, Woods Hole, Massachusetts. NEFSC. 2008b. Assessment of 19 Northeast 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. 2010a. 49th Northeast Regional Stock Assessment Workshop (49th SAW): Assessment Report. Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA, US Department of Commerce, Woods Hole, Massachusetts. NEFSC. 2010b. 50th Northeast Regional Stock Assessment Workshop (50th SAW): Assessment Report. Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA, US Department of Commerce, Woods Hole, Masaschusetts.

89 88 NEFSC nd Northeast Regional Stock Assessment Workshop (52nd SAW): Assesment Report. Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. NEFSC. 2012a. 53rd Northeast Regional Stock Assessment Workshop (53rd SAW) Assessment Report. Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA Fisheries, US Department of Commerce, Woods Hole, Massachusetts. NEFSC. 2012b. 53rd Northeast Regional Stock Assessment Workshop (53rd SAW): Assessment Summary Report. Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachuestts. NEFSC. 2012c. Assessment or data updates of 13 Northeast groundfish stocks through Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. Nelson, J. S Fishes of the World, Fourth edition. John Wiley & Sons, Inc, Hoboken, New Jersey. NERO Letter to Sector Members RE: Dockside Funding. National Marine Fisheries Service, North East Region. Gloucester Ma. NMFS. Long-finned Pilot Whale (Globicephala melas). NOAA Fisheries - Office of Protected Resources. NMFS Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery, Framework Adjustment (FW) 42; Monkfish Fishery, Framework Adjustment 3; Final Rule. in N. O. a. A. Administration, editor. New England Fishery Management Council, Federal Register. NMFS Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Region Standardized Bycatch Reporting Methodology Omnibus Amendment. in 50 CFR Part 648. National Oceanic and Atmospheric Administration, Federal Register, Vol. 73. NMFS. 2009a. Issues and options on the strategy for sea turtle conservation and recovery in relation to U.S. Atlantic Ocean and Gulf of Mexico fisheries: Scoping document. NMFS. 2009b. Species of concern - Altantic halibut, Hippoglossus hippoglossus. NOAA National Marine Fisheries Service. NMFS. 2009c. Taking of marine mammals incidental to commercial fishing operations; Atlantic Pelagic Longline Take Reduction Plan. in 50 CFR Part 229. NOAA National Marine Fisheries Service, US Department of Commerce, Federal Register, Vol. 74. NMFS. 2010a. Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Amendment 16; Final Rule. Pages 93 in. NOAA National Marine Fisheries Service, US Department of Commerce, Federal Register, Vol. 75. NMFS. 2010b. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments National Marine Fisheries Service. NOAA Technical Memorandum NMFS-NE p. NMFS. 2011a. FishWatch: U.S. Seafood Facts. National Marine Fisheries Service. Accessed

90 89 NMFS. 2011b. U.S. National Bycatch Report. National Marine Fisheries Service, US Department of Commerce. NMFS. 2011c. Fish Stocks in Rebuilding Plans: A Trend Analysis. in Status of Stocks: 2010 Report on the Status of U.S. Fisheries. Report to Congress. NOAA National Marine Fisheries Service Office of Sustainable Fisheries. NMFS. 2012a. Fisheries Statistics. NMFS Fisheries Statistics Division (ST1), NOAA. Accessed 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. NMFS. 2012c. Proactive Conservation Program: Species of concern. NOAA Fisheries - Office of Protected Resources. NMFS. 2012d. Status of U.S. Fisheries. NOAA Fisheries - Office of Sustainable Fisheries. NMFS. 2012e. List of Fisheries: Northeast Sink Gillnet Fishery. NMFS, and MAFMC Summer flounder, scup, and black sea bass specifications environmental assessment. National Marine Fisheries Service, and Mid-Atlantic Fishery Management Council, Dover, Delaware. NOAA. Minimum fish sizes. in 50 CFR NOAA. NE multispecies assessment, framework procedures and specifications, and flexible area action system. in, 50 CFR NOAA. Northeast (NE) Multispecies information sheet: closed area regulations. National Oceanic and Atmospheric Administration. NOAA. Sea Turtles. NOAA Fisheries - Office of Protected Resources. NOAA. Season and area restrictions. in 50 CFR NOAA. Weekly quota and landing reports. NOAA Northeast Regional Office. NOAA Mid-Atlantic Gear Restricted Areas & Scup Transfer-at-Sea Boundary Line. NOAA HOODED SEAL (Cystophora cristata):western North Atlantic Stock. NOAA BOTTLENOSE DOLPHIN (Tursiops truncatus): Western North Atlantic Offshore Stock. NOAA. 2009a. Magnuson-Stevens Act Provisions; Annual Catch Limits; National Standard Guidelines. in 50 CFR Part 600, Federal Register, Vol. 74. NOAA. 2009b. Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish; Amendment 1. in 15 CFR Part 902, 50 CFR Part 648. National Oceanic and Atmospheric Administration, Federal Register, Vol. 74. NOAA Taking of marine mammals incidental to commercial fishing operations; Harbor Porpoise Take Reduction Plan regulations. in 50 CFR Part 229. NOAA National Marine Fisheries Service, Federal Register, Vol. 75.

91 90 NOAA. 2011a. Commercial summer flounder (fluke) fishery: summary of regulations. National Oceanic and Atmospheric Administration. NOAA. 2011b. Marine mammal stock assessment reports (SARs). NOAA Fisheries - Office of Protected Resources. NOAA. 2011c. NE Multispecies Information Sheet - Landing/Possession Limits. National Oceanic and Atmospheric Administration. NOAA. 2012a. NE Multispecies Information Sheet Landing/Possession Limits. National Oceanic and Atmospheric Administration. NOAA. 2012b. Draft marine mammal stock assessment reports (SARs). NOAA Fisheries - Office of Protected Resources. Northeast Data Poor Stocks Working Group Monkfish Assessment Report for Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA, US Department of Commerce, Woods Hole, Massachusetts. NRDC Deep sea treasures: Protecting the Atlantic coast's ancient submarine canyons and seamounts. National Resources Defense Council. O'Boyle, R., M. Bell, P. Sullivan, M. K. Trzcinski, and J. Wheeler SARC 50 Panel Summary Report. Northeast Fisheries Science Center. O'Brien, L American Plaice. Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, US Department of Commerce. Orphanides, C., and G. M. Magnusson Characterization of the Northeast and Mid-Atlantic bottom and mid-water trawl fisheries based on vessel trip report (VTR) data. Northeast Fisheries Science Center, NMFS, NOAA, U.S. Department of Commerce, Woods Hole, Massachusetts. Orphanides, C.D. 2012a. Update on Harbor Porpoise Take Reduction Plan Monitoring Initiatives: Compliance and Consequential Bycatch Rates from June 2009 through May Northeast Fisheries Science Center Reference Document Orphanides, C.D. 2012b. New England harbor porpoise bycatch rates during associated with Consequence Closure Areas. Northeast Fisheries Science Center Reference Document Orth, Robert J., Professor of Marine Science, Virginia Institute of Marine Science, Department of Biological Sciences. Personal communication with Wendy Norden. Packer, D. B., S. J. Griesbach, P. L. Berrien, C. A. Zetlin, D. L. Johnson, and W. W. Morse Essential Fish Habitat Source Document: Summer Flounder, Paralichthys dentatus, Life History and Habitat Characteristics. Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. Pereira, J. J., R. Goldberg, J. J. Ziskowski, P. L. Berrien, W. W. Morse, and D. L. Johnson Essential Fish Habitat Source Document: Winter Flounder, Pseudopleuronectes americanus, Life History and Habitat Characteristics. Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts.

92 91 Rago, P., and K. Sosebee Update on the Status of Spiny Dogfish in 2011 and Initial Evaluation of Alternative Harvest Strategies. Mid-Atlantic Fishery Management Countil - Science and Statistical Committee. Sánchez, J., T. C. Franke, and A. Zecha U.S. seafood exports to China are re-exported to third countries. USDA Foreign Agricultural Service. Shelley, P Mega Millions, fishery-style. Conservation Law Foundation. Sosebee, K Status of Fishery Resources off the Northeastern US: Skates. Northeast Fisheries Science Center, NOAA. Terceiro, M Stock assessment of summer flounder for Northeast Fisheries Science Center, NOAA National Marine Fisheries Service. Terceiro, M Stock assessment of summer flounder for Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, Woods Hole, Massachusetts. Terceiro, M. 2006a. Stock assessment of summer flounder for Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, Woods Hole, Massachusetts. Terceiro, M. 2006b. Summer Flounder. Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, US Department of Commerce. Terceiro, M Stock assessment of summer flounder for Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, Woods Hole, Massachusetts. Terceiro, M Stock assessment of summer flounder for Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, Woods Hole, Massachusetts. Terceiro, M. 2011a. Stock Assessment of Scup for Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA, US Department of Commerce, Woods Hole, Massachusetts. Terceiro, M. 2011b. Stock Assessment of Summer Flounder for Northeast Fisheries Science Center, National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. TRAC Georges Bank Yellowtail Flounder. Transboundary Resources Assessment Committee - Fisheries and Oceans Canada (DFO) and NOAA Fisheries. Trzcinski, M. K Reviewer Report to the Center for Independent Experts on the Monkfish, Sea Scallops, and Pollock Benchmark Stock Assessment Review (SARC50) held June 1-5, 2010 in Woods Hole, Massachusetts. Wade, P. R., and R. Angliss Guidelines for assessing marine mammal stocks: Report of the GAMMS workshop April 3-5, 1996, Seattle, Washington. NOAA National Marine Fisheries Service, Silver Spring, Maryland. Warden, M. L Bycatch of wintering common and red-throated loons in gillnets off the USA Atlantic coast, Aquatic Biology 10: Warden, M. L Modeling loggerhead sea turtle (Caretta caretta) interactions with US Mid- Atlantic bottom trawl gear for fish and scallops, Biological Conservation 144: Waring, G. T. e., E. e. Josephson, K. e. Maze-Foley, P. E. e. Rosel, K. Barry, B. Byrd, T. V. N. Cole, L. Engleby, C. Fairfield, L. P. Garrison, A. Glass, L. Hansen, J. Litz, C. Orphanides, R. M. Pace, D. L. Palka, M. C. Rossman, C. Sinclair, and F. W. Wenzel U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments Northeast Fisheries Science

93 92 Center, National Marine Fisheries Service, NOAA Fisheries, US Department of Commerce, Woods Hole, Massachusetts. 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. Wigley, S. E., J. Blaylock, P. J. Rago, J. Tang, H. L. Haas, and G. Shield Standardized Bycatch Reporting Methodology 3-year review report Part 1. Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. Yergey, M. E., T. M. Grothues, K. W. Able, C. Crawford, and K. DeCristofer Evaluating discard mortality of summer flounder (Paralichthys dentatus) in the commercial trawl fishery: Developing acoustic telemetry techniques. Fisheries Research :72-81.

94 93 Appendix A: Supplementary Tables and Figures Table A1a - Probability that overfishing occurs (F>F MSY ) if catch is equal to ABC (NEFSC 2008a) 1 The most recent assessment shows a retrospective pattern that overestimates stock size and underestimates fishing mortality in the terminal year of the assessment, and when this pattern is accounted for, the probability of overfishing increases to 96.9% 2 Assessment/projection model does not allow calculation of probability of overfishing Species Stock 2012 Cod GB Cod GOM Haddock GB Haddock GOM Yellowtail Flounder 1 GB Yellowtail Flounder SNE/MA Yellowtail Flounder CC/GOM American Plaice GB/GOM Winter Flounder GB Winter Flounder SNE/MA Winter Flounder GOM ~0.100 Pollock 0.00 Witch Flounder Redfish White Hake 2 GB/GOM Windowpane 2 GOM/GB Windowpane 2 SNE/MA Ocean Pout 2 Atlantic Halibut 2 Table A1b Exploitation index if FY 2012 ABC is applied to most recent stock size estimate (NEFSC 2008a) Stock Stock Size ABC/Stock Size Percent of FMSY (3-year survey avg) GOM/GB % windowpane SNE/MAB % windowpane ocean pout %

95 94 Table A2. A comparison of proposed catch limits in 2012 vs. MSY (data from (NEFSC 2008a)) Stock Overfished status MSY (mt) Total ACL (mt) ACL/MSY GB cod Overfished 31,159 4, GoM cod Overfished 10,392 8, GB haddock GoM haddock Not overfished Not overfished 32,746 29, , GB yellowtail Overfished 9, SNE/MA yellowtail CC/GoM yellowtail Overfished 6, Overfished 1,720 1, American plaice Not overfished 4,011 3, Witch flounder Overfished 2,352 1, GB winter flounder Not overfished 4,400 3, GoM winter flounder Unknown Unknown (SSB 2010 = 6,341) 1,040? SNE/MA winter flounder Overfished 11, Acadian redfish Not overfished 10,139 8, White hake Overfished 5,800 3, Pollock Not overfished 16,200 14, Northern windowpane Overfished Southern windowpane Not overfished Ocean pout Overfished 3, Atlantic halibut Overfished 3, Atlantic wolffish Overfished

96 95 Table A3. Descriptions of bycatch tiers relevant to fisheries targeting Atlantic flatfish (adapted from (NMFS 2011b)). Tier 3 Tier 4 Availability of Data Observer data generally available, but not necessarily on annual basis; sampling ranges from adequate to deficient, but design generally peer reviewed and appropriate; data quality control ranges from minimal to comprehensive. Bycatch estimates complete, based on reliable observer data and strong sampling design; comprehensive data quality controls in place. Analytical Approaches The bycatch estimates based on reliable observer data or recent logbook data. Overall, generally robust and peer reviewed, but some analytical concerns might remain. Assumptions identified, tested, and, in most cases, any problems with the assumptions resolved. Generally little to no statistical bias, although high statistical bias does occur in some cases. Estimates typically include measures of uncertainty, although not necessarily at all levels in the sampling and estimation process (vessel, trip, and haul). Analytical approaches used to estimate bycatch considered to be appropriate and defensible. In addition to being externally peer reviewed, all or at least the critical assumptions of the analytical methods addressed and determined to be acceptable. Statistical bias negligible or absent in the estimators, and measures of uncertainty calculated for the majority of bycatch estimates, although not necessarily incorporating the uncertainty associated with all levels of the process.

97 96 Figure A1. Map showing the Northeastern Atlantic States, as well as the extent of state and federal waters of the US (NEFSC 2008a). Coastal state jurisdiction extends 3 nautical miles offshore (and covers all internal bodies of water, including Cape Cod Bay, Long Island Sound, Delaware and Chesapeake Bays, and Albemarle and Pamlico Sounds), and US territorial waters extend to 12 nm offshore; the US Exclusive Economic Zone, or EEZ, extends up to 200 nm offshore.

98 97 Figure A2. Statistical areas used to define the American plaice stock (O'Brien 2006).

99 98 Figure A3. Statistical areas used to define the Gulf of Maine/Georges Bank region of the Altantic halibut stock (Brodziak and Col 2006).

100 99 Figure A4. Statistical areas used to define the summer flounder stock (Terceiro 2006b).

101 100 Figure A5. Statistical areas used to define the northern (Gulf of Maine & Georges Bank) and southern (Southern New England and Mid-Atlantic Bight) windowpane stocks (NEFSC 2008b).

102 101 Figure A6. Statistical areas used to define the Gulf of Maine, Georges Bank, and Southern New England/Mid-Atlantic Bight winter flounder stocks (NEFSC 2008b).

103 102 Figure A7. Statistical areas used to define the witch flounder stock (NEFSC 2008b).

104 103 Figure A8. Statistical areas used to define the Cape Cod/Gulf of Maine, Georges Bank, and Southern New England/Mid-Atlantic Bight yellowtail flounder stocks (NEFSC 2008b).

105 104 Figure A9. Distribution of U.S. Northeast and Mid-Atlantic bottom trawl effort, in days fished, by main species shown as the 75% effort contour ( ). Main species is defined as the species with the greatest live weight on that trip. ( ) (From (Orphanides and Magnusson 2007)). There is no directed fishery for Atlantic halibut or windowpane flounder, and strict possession limits are in place, so these species by definition cannot be main species.

106 105 Figure A10a. HPTRP management scheme for New England when target bycatch rates are not exceeded, including new management areas in Stellwagen Bank and Southern New England requiring pinger use (NOAA 2010).

107 106 Figure A10b. HPTRP management scheme for New England when target bycatch rates are exceeded, showing triggered consequence areas (NOAA 2010).

108 107 Figure A11. Summer flounder small-mesh exemption areas and sea turtle protection area (NOAA 2011a).

109 108 Figure A12. Year-round closure areas under the Northeast Multispecies FMP, including general (FMP) closures and Essential Fish Habitat (EFH) areas closed to bottom trawl gear (Orphanides and Magnusson 2007); 50-m and 100-m depth contours are shown, as is the US EEZ boundary.

110 109 Figure A13. Seasonal closure areas defined under the NE Multispecies FMP including the Gulf of Maine Rolling Closure Areas and Georges Bank Seasonal Closure Area (Orphanides and Magnusson 2007).

111 110 Inshore Restricted Roller Gear Area Figure A14. The Inshore Restricted Roller Gear Area places restrictions on certain trawl equipment (NOAA).

112 111 Mobile Gear and Lobster Trap/Pot RGAs Figure A15. The Mobile Gear and Lobster Trap/Pot RGAs separate mobile gear and lobster trap/pot gear in time and location on a rolling schedule throughout the four RGAs (NOAA).

113 112 Western Georges Bank and Southern New England RGAs Figure A16. The Western GB and SNE RGAs are intended to reduce catch of flatfish species by requiring use of selective gears (NOAA).

114 113 Figure A17. During certain times of the year, commercial vessels are prohibited from fishing within the Gulf of Maine Cod Spawning Protection Area using gear capable of catching groundfish (NOAA).

115 114 Figure A18. The Northern and Southern Scup GRAs have a minimum mesh size of 5.0 (NOAA, 2004).

116 115 Figure A19. Lydonia and Oceanographer Canyons, off the south coast of Cape Cod, Veatch Canyon, east of New Jersey, and Norfolk Canyon, east of Virginia (NRDC 2011).