New England Fishery Management Council MEMORANDUM

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New England Fishery Management Council 50 WATER STREET NEWBURYPORT, MASSACHUSETTS 01950 PHONE 978 465 0492 FAX 978 465 3116 John F. Quinn, J.D., Ph.D., Chairman Thomas A. Nies, Executive Director MEMORANDUM DATE: April 24, 2018 TO: Habitat Committee FROM: Habitat Plan Development Team SUBJECT: Framing alternatives development in the clam dredge framework The purpose of this memo is to frame the issues surrounding alternatives development in the clam dredge framework. The information presented here was discussed during PDT conference calls and meetings on March 2, March 16, and April 12, 2018, as well as at earlier meetings, including during the development of Omnibus Essential Fish Habitat Amendment 2 (OHA2). The Great South Channel HMA was developed to provide a conservation benefit OHA2 designated the Great South Channel Habitat Management Area (HMA, Map 1) as a closure to mobile bottom tending gears. The amendment specified that all mobile bottom-tending gears would be excluded from the northeast corner indefinitely. Within the remainder of the area, there would be an exemption allowing hydraulic clam dredge use for one year, and other mobile bottom-tending gears, including scallop dredges and bottom trawls, would be prohibited. The amendment noted that clam dredge exemption areas could be adopted by the Council through a future action. The purpose of designating the Great South Channel HMA, as stated in the amendment document, was to minimize adverse fishery effects on EFH. The rationale for the area noted that the new HMA better encompasses cobble- and boulder-dominated habitat types compared to the existing Nantucket Lightship habitat closure area, which was eliminated via OHA2. At the time, it was known that the fishery was operating in habitat areas identified as complex, but the expectation was that a more complete analysis of bottom photos taken in the HMA could possibly be used to identify areas of sandy, highly energetic habitat where fishing could continue without compromising the objectives of OHA2 to protect complex, vulnerable habitats. The HMA designations developed in OHA2 were based on the understanding that structured habitats enhance groundfish resource productivity by increasing the survival and growth of juveniles (see Volume 1 4.1.1 of the OHA2 FEIS). Complex, highly-structured benthic habitats are relatively rare in continental shelf waters and are used by many species to reduce predation risk and provide food (Caddy 2008, 2013). Field studies conducted in shallow water show that survival rates of juvenile cod were higher in more structured habitats (e.g., in vegetation or rocky reefs and on cobble bottoms) where they find refuge from predators (Linehan et al. 2001, Tupper and Boutilier 1995). Laboratory experiments performed in habitat types of varying complexity

with and without predators present have confirmed that juvenile cod, especially young-of-theyear juveniles, survive better in more structured habitats where they are less susceptible to predation (Lindholm et al. 1999, Borg et al. 1997, Gotceitas et al. 1995, and other refs). Evidence that complex habitats enhance the survival of juvenile fish in other habitat types is provided by research done in sandy bottom habitats in the Mid-Atlantic Bight. Similar habitat types exist on Georges Bank and in southern New England and in areas of sandy sediment in the Gulf of Maine (Auster et al. 1995, 1998, Langton et al. 1995). In these habitats, structure is provided by bedforms (sand waves) of varying heights and biogenic structure such as animal tubes, shell and shell aggregation, or pits created by various species (Steves and Cowen 2000, Sullivan et al. 2006). Diaz et al. (2003) found more fish associated with larger bedforms that had some biogenic structure. Proximity of complex and simple habitats was important in providing refuge from predators in more complex habitats during the day and foraging opportunities in simpler habitats at night. Such diel patterns of habitat use would be expected to enhance survival and growth. Despite general knowledge that relationships between habitat and survival and growth exist, determining the appropriate spatial extent of habitat management areas to be protected to improve resource productivity is not a straightforward exercise. There are many reasons for this, but one is that stock production rates by habitat are not generally known, such that increases in stock production associated with a certain type of habitat management cannot be quantified. Nonetheless, patterns of species occurrence in the Great South Channel HMA are known, as are the basic habitat requirements of these species. Those with a moderate or high degree of overlap between their designated EFH and the HMA include Atlantic cod, windowpane flounder juvenile, winter flounder, yellowtail flounder, little skate, winter skate, Atlantic sea scallop, and Atlantic herring (see Table 1 for information about the habitats used by these species). Cod spawning grounds identified by fishermen also occur in and around the HMA (DeCelles et al. 2017). Map 2 shows the locations of these cod spawning grounds as well as the distribution of juvenile cod from the Northeast Fisheries Science Center spring and fall trawl surveys. Hydraulic clam dredges are used to capture surfclams and ocean quahogs in sand and mixed sand, gravel, cobble, and boulder habitats by injecting highly pressurized water (varying from 50 lbs per square inch (psi) in coarse sand to 110 psi in finer sediments) into the sediment to a depth of 8-10 inches, depending on the coarseness of the sediment and the amount of water pressure needed to dislodge the clams from the bottom. These dredges have negative impacts on benthic habitats that are more than minimal and not temporary. These effects are detailed in draft Appendix B provided as background for this meeting, and in the SASI document and vulnerability assessment (NEFMC 2011, Grabowski et al. 2014). In terms of effects on geological features of the seabed, the dredge creates a trench up to 30 cm deep and as wide as the dredge with mounds along the sides. Fine sediments are re-suspended in the water column, creating a turbidity cloud that dissipates quickly. The trenches degrade within a few months to the point when they are no longer visible. This process occurs more quickly in shallow water environments that are more exposed to strong bottom currents and the effects of wave action (e.g., storms). However, dredge tracks were still partially detectable with side-scan sonar in sandy substrate at a depth of 70-80 meters 5 and 10 years after dredging. Sediments in the trench are re-sorted, with larger grain sizes at the bottom and fine sediments at the top, with the loss of burrows and tubes created by infaunal invertebrates. Sand that re-settles in the trench is fluidized and remains fluidized for more than three months. Page 2 April 24, 2018

In terms of effects on biological organisms, benthic animals are dislodged from the sediment, or damaged by the dredge, significantly reducing the numbers, biomass, and species diversity of invertebrates in dredge tracks. While recovery of short-lived infaunal species can be fairly rapid (several months to a year), some types of organisms (e.g., longer-lived epifauna that attach to hard substrates) take longer to recolonize the bottom than others. In the study done in 70-80 meters, smaller and more opportunistic species recolonized the dredge tracks sooner, meaning that it could take several years before biological communities return to pre-dredge conditions, especially in deeper, more stable environments. In areas that are exposed to intensive, repeated clam fishing, recovery of physical and biological habitat features will be delayed until the area is depleted of clams and dredging moves to other areas. Published studies of the habitat effects of hydraulic clam dredges focus on infaunal species in soft bottom habitats. Scoring of habitat vulnerability that was done by the Habitat PDT for the SASI model focused on epifaunal invertebrates, not infauna. The PDT ranked the severity of hydraulic clam dredge impacts well above those associated with other types of fishing gear (impacts in coarser cobble and boulder sediments were not assessed but will be when the model is updated). Impacts from a single dredge tow were estimated to cause, on average across all habitat features, a 50-75% loss in habitat functionality, with recovery times for geological features of 1.5-2.5 years in sand and 2-4 years in gravel, and 3-4.5 years for biological habitat features. In the absence of published studies on epifauna, this assessment relied heavily on knowledge of the life histories of organisms that would likely be affected by the gear in sand and gravel habitats (e.g., soft vs hard-bodied, height off the bottom, growth rates, and longevity). Susceptibility scores were high because the gear has such a disruptive effect on the bottom. Recovery times were only slightly higher for hydraulic clam dredges operating in sand and gravel habitats than for bottom trawls and scallop dredges. The Great South Channel HMA has habitat types that are vulnerable to the impacts of hydraulic dredges and other types of mobile, bottom-tending gear. OHA2 and the supporting SASI model analysis classified benthic habitats using a dominant sediment approach. The mobile bottomtending gear closure area in the northeast corner of the HMA covers approximately 21% of the cobble and boulder dominated habitat, or 95 km 2, and about 23% of the granule-pebble dominated habitat (125 km 2 ). The clam exemption area includes the remaining 79% (357 km 2 ) of cobble and boulder habitat and 77% (425 km 2 ) of granule-pebble habitat. To support this framework action, the PDT re-analyzed image data used to develop the underlying sediment grid for the SASI model/oha2. The methods used are detailed in draft Appendix A, which was provided as background for this meeting. Briefly, digital images were examined to confirm presence or absence of sand, pebble, cobble, or boulder. When one or more size classes of gravel were present, percent cover of all gravels combined was estimated. Percent cover was assessed as <10% coverage, 10-30% coverage, and >30% coverage, with at least 10% coverage of gravel used as a basic definition of complex habitat. Areas of gravel pavement with cover >80% were also flagged. The PDT also confirmed the presence of specific epifauna types in each image, and flagged images that have presence of specific long-lived taxa or have very high density of epifauna (>30%). Epifauna included tube-dwelling amphipods, anemones, ascidians, brachiopods, bryozoans, sea pens, hydroids, macroalgae, epifaunal bivalve mollusks, tube-dwelling polychaete worms, and sponges. The stalked ascidian Boltenia ovifera and finger sponge Isodyctia spp. were flagged as long-lived taxa. Stations with complex habitat and long lived and/or high coverage of epifauna are shown on Map 4. These complex geological and Page 3 April 24, 2018

biological features are concentrated in certain locations, but generally occur throughout the HMA. The habitat amendment FEIS also examined sediment stability in the HMA. Benthic boundary shear stress (N m -2 ) refers to the force per unit area exerted on the seabed by flowing water. Critical shear stress is the force needed to move a particular particle size (sand, pebble, cobble, etc.). The ratio of shear stress to critical shear stress was used by Harris et al. (2012) to map stable benthic sediments on Georges Bank (Map 3). A ratio less than 1 would indicate that the sediment is stable because the shear stress in the environment would be less than the critical sheer stress, thus creating stable points for the attachment of structure forming organisms. Sediments are predicted to be more stable in the mobile bottom-tending gear closure, with an average sediment stability index of 0.69 (< 1 = stable) vs. an average index of 2.0 in the clam exemption area. A similar analysis of bottom shear stress in the Great South Channel/Southern New England region was developed by Dalyander et al. 2013, although they did not estimate sediment stability. The PDT has discussed how to use the image analysis results to compare the subsets of the management areas to see if there are differences in complexity between them. The HMA was divided into five areas, the MBTG closure, and the remainder into four equal area quadrants, northwest, northeast, southwest, and southeast (Map 5). This work is in progress, but initial statistical tests comparing the proportions of stations with complex habitats among quadrats suggests that they can be discriminated statistically. The purpose of this sort of analysis, which could be used to evaluate closure/exemption alternatives, is to go beyond visual inspection of spatial data to determine whether areas differ statistically in terms of their habitat characteristics. The Great South Channel HMA encompasses a substantial clam dredge fishery Nantucket Shoals is an important area to the surfclam fishery. Effort occurs within and to the northwest of the HMA (Map 6). Surfclams are also harvested from Georges Bank, specifically near Georges and Cultivator Shoals, and from the Mid-Atlantic Bight, in areas offshore New Jersey and further south. To describe revenue by spatial management area, both in OHA2 and to support this framework, logbook data were interpreted spatially using a confidence interval approach (DePiper 2014). These data indicate that between 2011 and 2016, $3-8 million dollars of hydraulic clam dredge revenue were generated annually within the portion of the Great South Channel HMA where exemptions are under consideration, with the clear majority from surfclams (Figure 1). Annually, revenue from the HMA amounts to between 10-28% of total surfclam revenue coastwide. This area is fished by 11-21 vessels per year during 423-985 trips (Table 2). Note that portions of any given trip may occur outside the management area. The PDT estimated revenue by the four quadrants described in the image analysis discussion above (Map 5), and these data show the relative importance of the northwest and northeast quadrants to the fishery over this period (Figure 2). Number of permits, trips, and owners by quadrant are shown in Table 2. The southwestern corner was closed to clam dredging between 2004 and 2018 due to the recently removed Nantucket Lightship Habitat Closure Area, so it is possible that additional revenue would have been generated in the southwest quadrant absent this prior management area. Revenue at the permit (vessel) or owner level within the HMA was compared to all surfclam revenue attributed to that permit or owner to assess dependence on the management area. Median Page 4 April 24, 2018

percent revenue to owner was around 60% in 2014, and around 20% in 2015 and 2016 (Figure 3). Percent revenues to permit range from below 20% is 2011 to over 80% in 2014, with 2013, 2015, and 2016 values falling between 60-70% (Figure 4). Although these percentages vary by year, there appears to be a high level of dependence on the area at both the owner and permit levels. The Committee needs to identify other criteria to allow for alternatives to be further developed In summary, the Council identified the Great South Channel HMA and excluded mobile bottomtending gears from the area because of the habitat types present, the use of these habitats by managed species, and the adverse effects caused by fishing gears on these habitat types. The Council considered economic data similar to that summarized above when recommending a one-year exemption in much of the Great South Channel HMA. The Council also weighed estimates of impacts to other fisheries, habitats, fishery species, and protected species. The Council s expectation articulated in the clam framework problem statement was that the action would identify high energy areas with sand and gravel sediments where fishing could be allowed to continue, considering the needs of the fishery and provided that such activity was compatible with the underlying conservation goals and objectives of the habitat amendment. Given that the surfclam fishery is operated throughout a large extent of the HMA, and complex benthic habitats vulnerable to impact also occur throughout the area, there is not a straightforward spatial management solution that would substantially reduce hydraulic dredging in vulnerable habitat types while providing access to currently fished areas. Note that while the problem statement references optimum yield specifically, it is not clear that achievement of optimum yield is a particularly useful concept here, since the optimum yield value formally identified for the fishery through the Mid-Atlantic Fishery Management Council process is roughly a third higher than recent landings. It may be more useful to consider whether surfclam landings, which have been relatively stable, can be maintained under alternative exemption/closure scenarios, and how impacts will be distributed across vessels, owners, processors, and ports. The PDT has not developed specific alternatives for Committee consideration due to the extensive spatial overlap between complex habitats and the surfclam hydraulic dredge fishery. The No Action alternative in this framework would allow the exemption for hydraulic dredges to expire on April 9, 2019, closing the entire area to all mobile bottom-tending gears. At the other extreme, the Committee may recommend that the Council analyze a full exemption for hydraulic dredges, except in the northeast corner of the HMA. Other than No Action and full exemption, any intermediate alternatives represent a tradeoff between minimization of adverse effects to EFH and access for the fishery. The PDT agreed that it is more appropriately the Committee s roll to recommend how they would like to see alternatives developed. The PDT could use the data available on habitat, fish, surfclam, and fishing effort distributions to design alternatives based on criteria provided by the Committee. This could include a range of percentages of the HMA to close to clam dredges for habitat protection, or a range of percentages of current clam fishing grounds to keep accessible. Page 5 April 24, 2018

References Auster, P. J., R. J. Malatesta and S. C. LaRosa (1995). Patterns of microhabitat utilization by mobile megafauna on the Southern New England (USA) continental shelf and slope. Mar. Ecol. Prog. Ser. 127: 77-85. Auster, P. J., C. Michalopoulos, et al. (1998). Delineating and monitoring habitat management units in a temperate deep-water marine protected area. Science and Management of Protected Areas: 169-185. Borg, A., L. Pihl and H. Wennhage (1997). Habitat choice by juvenile cod (Gadus morhua L.) on sandy soft bottoms with different vegetation types. Helgol. Meeresunters 51(2): 197-212. Caddy, J. F. (2008). The Importance of Cover in the Life Histories of Demersal and Benthic Marine Resources: A Neglected Issue in Fisheries Assessment and Management. Bulletin of Marine Science 83(1): 7-52. Caddy, J. F. (2013). Why do assessments of demersal stocks largely ignore habitat? ICES J. Mar. Sci. doi:10.1093/icesjms/fss199, 13pp. Dalyander, P. S., B. Butman, et al. (2013). Characterizing wave- and current- induced bottom shear stress: U.S. middle Atlantic continental shelf. Cont. Shelf Res. 52(0): 73-86. DeCelles, G. R., D. Martins, D. R. Zemeckis and S. X. Cadrin (2017). "Using Fishermen s Ecological Knowledge to map Atlantic cod spawning grounds on Georges Bank." ICES Journal of Marine Science 74(6): 1587-1601. DePiper, G. S. (2014). Statistically assessing the precision of self-reported VTR fishing locations. NOAA Technical Memorandum NMFS-NE-229: 16. Diaz, R. J., G. R. Cutter and K. W. Able (2003). The importance of physical and biogenic structure to juvenile fishes on the shallow inner continental shelf. Estuaries 26(1): 12-20. Gotceitas, V., S. Fraser and J. A. Brown (1995). Habitat use by juvenile Atlantic cod (Gadus morhua) in the presence of an actively foraging and non-foraging predator. Marine Biology 123(3): 421-430. Grabowski, J. H., M. Bachman, et al. (2014). Assessing the Vulnerability of Marine Benthos to Fishing Gear Impacts. Reviews in Fisheries Science & Aquaculture: 142-155. Harris, B. P., G. W. Cowles and K. D. E. Stokesbury (2012). Surficial Sediment Stability on Georges Bank in the Great South Channel and on eastern Nantucket Shoals. Cont. Shelf Res. 49: 65-72. Langton, R. W., P. J. Auster and D. C. Schneider (1995). A spatial and temporal perspective on research and management of groundfish in the northwest Atlantic. Reviews in Fisheries Science 3(3): 201-229. Lindholm, J. B., P. J. Auster and L. S. Kaufman (1999). Habitat-mediated survivorship of juvenile (0- year) Atlantic cod Gadus morhua. Mar. Ecol. Prog. Ser. 180: 247-255. Linehan, J. E., R. S. Gregory and D. C. Schneider (2001). Predation risk of age-0 cod (Gadus) relative to depth and substrate in coastal waters. J. Exp. Mar. Biol. and Ecol. 263(1): 25-44. New England Fishery Management Council (2011). The Swept Area Seabed Impact (SASI) approach: a tool for analyzing the effects of fishing on Essential Fish Habitat. 257pp. Steves, B. P. and R. K. Cowen (2000). Settlement, growth, and movement of silver hake Merluccius bilinearis in nursery habitat on the New York Bight continental shelf. Mar. Ecol. Prog. Ser. 196: 279-290. Sullivan, M. C., R. K. Cowen, et al. (2006). Applying the basin model: Assessing habitat suitability of young-of-the-year demersal fishes on the New York Bight continental shelf. Cont. Shelf Res. 26(14): 1551-1570. Page 6 April 24, 2018

Tupper, M. and R. G. Boutilier (1995). Effects of habitat on settlement, growth, and postsettlement survival of Atlantic cod (Gadus morhua). Can. J. Fish. Aquat. Sci. 52(9): 1834-1841. Page 7 April 24, 2018

Map 1 Great South Channel HMA Habitat PDT to Committee re Clam Framework Page 8 April 24, 2018

Table 1 NEFMC-managed species found in the Great South Channel HMA. Species and lifestage Atlantic cod juvenile Atlantic cod adult Windowpane flounder juvenile Windowpane flounder adult Winter flounder egg Winter flounder juvenile Winter flounder adult Yellowtail flounder juvenile Yellowtail flounder adult Little skate juvenile Little skate adult Winter skate juvenile Winter skate adult Degree of overlap between EFH and HMA Species associate d with complex substrate 1 Species positively weighted in OHA2 hotspot analysis 2 One or more stocks overfished High X X X Moderate X X Substrate features of EFH YOY: inshore, prefer gravel and cobble habitats and eelgrass beds after settlement, but also utilize adjacent un-vegetated sandy habitats for feeding; also settle on sand and gravel on Georges Bank. Older juveniles: structurallycomplex habitats, including eelgrass, mixed sand and gravel, and rocky habitats (gravel pavements, cobble, and boulder) with and without attached macroalgae and emergent epifauna Structurally complex hard bottom habitats composed of gravel, cobble, and boulder substrates with and without emergent epifauna and macroalgae Moderate X Mud and sand substrates High X Mud and sand substrates Moderate X X High High X X X Eggs are adhesive and deposited in clusters on mud, sand, muddy sand, gravel, and submerged aquatic vegetation, especially in areas with reduced bottom current where they are not buried by suspended sediment settling to the bottom Variety of bottom types, such as mud, sand, rocky substrates with attached macro algae, tidal wetlands, and eelgrass Muddy and sandy substrates, and on hard bottom on offshore banks, for spawning Moderate X Sand and muddy sand Moderate X Sand, shell hash, muddy sand, and sand with gravel High X Sand and gravel, also found on mud Moderate X Sand and gravel, also found on mud High X Sand and gravel, also found on mud High X Sand and gravel, also found on mud Page 9 April 24, 2018

Species and lifestage Degree of overlap between EFH and HMA Habitat PDT to Committee re Clam Framework Species associate d with complex substrate 1 Species positively weighted in OHA2 hotspot analysis 2 One or more stocks overfished Substrate features of EFH Pelagic larvae settle on any hard surface, including shells, pebbles, and gravel; they also Atlantic sea Moderate X attach to macroalgae and other benthic scallop - all organisms such as hydroids, but do not survive on shifting sand. Deposited on the bottom in beds, stick to Atlantic High X coarse sand, pebbles, cobbles, and boulders herring egg and/or on macroalgae 1 Species and lifestages that may occur on gravel sediment types 2 Since the purpose of the analysis was to identify areas that were vulnerable bottom habitat, only stocks that either occur in a variety of substrates including gravels or had strong affinity for coarse or hard substrates were given non-zero weights. Page 10 April 24, 2018

Map 2 Cod distribution (NEFSC trawl survey) and cod spawning grounds (Decelles et al 2017) Page 11 April 24, 2018

Map 3 Sediment stability (Harris et al 2012) Habitat PDT to Committee re Clam Framework Page 12 April 24, 2018

Map 4 Stations with complex habitat and long lived and/or high coverage of epifauna, based on reanalysis of drop camera images Page 13 April 24, 2018

Map 5 - GSC HMA divided into quadrants for analysis. Page 14 April 24, 2018

Figure 1 Revenue by species reported to have been harvested within the Great South Channel HMA between 2011-2016 using clam dredges. Source: VTR & clam logbook analysis. Page 15 April 24, 2018

Table 2 Table identifying the number of unique trips, permits and owner groups within each region. Note: Ownership groups are defined consistent with the Regulatory Flexibility Act guidelines. Zone Year Trip Number Permit Count Owner Count Full Exemption Area 2011 423 10 - Full Exemption Area 2012 677 18 - Full Exemption Area 2013 954 19 - Full Exemption Area 2014 985 19 16 Full Exemption Area 2015 816 17 14 Full Exemption Area 2016 763 21 16 MBTG Closure 2011 160 9 - MBTG Closure 2012 419 14 - MBTG Closure 2013 512 15 - MBTG Closure 2014 420 18 15 MBTG Closure 2015 477 17 14 MBTG Closure 2016 348 19 15 Northeast 2011 243 9 - Northeast 2012 559 13 - Northeast 2013 760 14 - Northeast 2014 790 18 15 Northeast 2015 661 15 12 Northeast 2016 699 21 16 Northwest 2011 423 10 - Northwest 2012 666 17 - Northwest 2013 906 17 - Northwest 2014 959 19 16 Northwest 2015 779 17 14 Northwest 2016 569 20 15 Southeast 2011 75 6 - Southeast 2012 143 13 - Southeast 2013 279 14 - Southeast 2014 378 14 12 Southeast 2015 244 13 11 Southeast 2016 390 17 12 Southwest 2011 224 6 - Southwest 2012 397 12 - Southwest 2013 570 14 - Southwest 2014 814 19 16 Southwest 2015 574 14 12 Southwest 2016 460 17 12 Page 16 April 24, 2018

Map 6 - Fishing effort in GSC HMA 2012-2014. Logbook and vessel tracks. Page 17 April 24, 2018

Figure 2 Clam dredge revenue by quadrant within the Great South Channel HMA for calendar years 2011 2016. Source: VTR & clam logbook analysis. Page 18 April 24, 2018

Figure 3. Percentage of an owner s total commercial revenue generated within the Great South Channel HMA full exemption area between 2014 and 2016. Note: Ownership groups are defined consistent with the Regulatory Flexibility Act guidelines. Source: VTR & clam logbook analysis. Page 19 April 24, 2018

Figure 4. Percentage of a permit s total commercial revenue generated by clam dredge within the Great South Channel HMA full exemption area between 2014 and 2016. Source: VTR & clam logbook analysis. Page 20 April 24, 2018