Atlantic Morone saxatiliss

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Atlantic Striped Bass Morone saxatiliss Monterey Bay Aquarium US Atlantic Region Hook and Line, Pound Net, and Gillnet 8/7/2012 Kelsey James, 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 timee of publication. All our reports are peer science or reviewed for accuracy and completeness by external scientists withh expertise in ecology, fisheries 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 solelyy 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 Final Seafood Recommendation The Atlantic striped bass (Morone saxatilis) is an anadromous fish species that is found along the U.S. Atlantic Coast from northern Florida through Maine and into Canada. This report covers the U.S. commercial fishery for striped bass caught with hook and line, pound nets, and gillnets. U.S. Atlantic striped bass caught by hook and line (about 26% of the catch) are a Best Choice, while those caught by gillnet and pound net (about 62% of the catch) are Good Alternatives. (The remaining 12% of striped bass are caught with unknown gear, or minor gear types not evaluated in this report). 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 Striped Bass Gillnet Green 5 Atlantic sturgeon Red, 1.53,1.45 Yellow 3 Yellow 3.12 GOOD ALTERNATIVE 2.91 Striped Bass Pound Net Green 5 River Herring Red, 2.16,2.16 Yellow 3 Yellow 3.12 GOOD ALTERNATIVE 3.17 Striped Bass Hook and Line Green 5 5 Green, 5,5 Green 5 Green 3.87 BEST CHOICE 4.69 Scoring note scores range from zero to five where zero indicates very poor performance and five indicates the fishing operations have no significant impact.

3 Table of Contents Final Seafood Recommendation... 2 Executive Summary... 4 Introduction... 5 Analysis... 7 Criterion 1: Stock for which you want a recommendation... 7 Criterion 2: Impacts on other retained and bycatch stocks... 10 Criterion 3: Management effectiveness... 18 Criterion 4: Impacts on the habitat and ecosystem... 23 Acknowledgements... 28 References... 28 Appendix A: Review Schedule... 31 About Seafood Watch... 32 Guiding Principles... 33

4 Executive Summary The Atlantic striped bass (Morone saxatilis) is an anadromous fish species that is found along the U.S. Atlantic Coast from northern Florida through Maine and into Canada. This report covers the U.S. commercial fishery for striped bass caught with hook and line, pound net, and gillnet. Striped bass has high inherent vulnerability according to its Fishbase vulnerability score. The spawning stock biomass (SSB) is above the target reference point and fishing mortality is lower than the reference point. There are six other retained species that are part of multispecies gillnet and pound net fisheries that catch striped bass: blueback herring, alewife, weakfish, American shad, white perch, and summer flounder. River herring (blueback herring and alewife) are considered together due to the difficulty distinguishing between them. River herring are caught mostly in gillnet, and to a lesser extent, in the pound net fishery. They are the species of greatest concern in the pound net fishery, as their populations are depleted and the impact of the fishery on these species is not known. The greatest concern in the gillnet fishery is unintentional bycatch of Atlantic sturgeon. Several populations of Atlantic sturgeon are listed as endangered or threatened. The gillnet fishery interacts with these populations, and it is not yet certain what effect the striped bass fishery is having. The hook and line fishery is highly selective for striped bass. The Atlantic States Marine Fisheries Commission (ASMFC) periodically produces stock assessments and fishery management plans for a majority of the striped bass stock (Maine to North Carolina). Each state must adhere to the ASMFC regulations, or it has more constrictive regulations of its own. Occasionally enforcement is difficult and more so when regulations differ significantly between states. The other species retained in the gillnet and pound net fisheries have management plans in place, but American shad, river herring, and weakfish need better research and monitoring to support future management. Retention of Atlantic sturgeon is not allowed, and management of the gillnet fishery is in the process of developing further regulations addressing potential bycatch of Atlantic sturgeon, due to the species recent listing. The other gears do not have significant bycatch. The habitat where the striped bass fishery occurs is mostly sand, silt, and clay (Chesapeake Bay Benthic Habitat Integration 2009; Madsen et al. 2005). These gear types are regulated by each state with gear restrictions, and with seasonal, area, and day closures, but these regulations are not to mitigate substrate damage (Commercial Finfish Regulations 2012; Department of Environmental Conservation 2011; ASMFC 2011c; MDNR 2011b; North Carolina Marine Fisheries Commission 2011). There are no species caught in any of these fisheries that play a disproportionately important role in the ecosystem, however there are no efforts to fully assess the ecological impacts of these fisheries.

5 Introduction Scope of the analysis and ensuing recommendation The Atlantic striped bass (Morone saxatilis) is an anadromous fish species that is found along the U.S. Atlantic Coast from northern Florida through Maine and into Canada. This report covers the U.S. commercial fishery for striped bass caught with hook and line, pound net, and gillnet, throughout the U.S. Atlantic Coast. Overview of the species and management bodies The Atlantic striped bass is most common in large estuaries including Chesapeake Bay, Delaware Bay, Abemarle Sound, the Hudson River, and the Roanoke River, especially from April to June, when it migrates into fresh or brackish waters to spawn (Berggren and Lieberman 1978; ASMFC 2011b). For adult females, the remainder of the year is spent in a coastal migrating stock. Multiple stocks occur along the Atlantic states suggesting that many fish (males and immature females) do not migrate through the coastal waters (Berggren and Lieberman 1978). The fishery for striped bass is managed by the Atlantic States Marine Fisheries Commission (ASMFC), which assumes a single stock from Maine to North Carolina for management purposes. Catches peaked in the 1970s and then underwent a steep decline to less than 1,000 metric tons in 1983 (Richards and Rago 1999). The first comprehensive fishery management plan (FMP) was implemented by the ASMFC in 1981 and included recommended commercial fishing management measures for the states from North Carolina to Maine. At that time, the management measures recommended by ASFMC were non binding to the states. To aid the ASMFC, Congress passed the Atlantic Striped Bass Conservation Act (PL 98 613) in 1984, which required states to follow the ASMFC management plan or the Federal government would implement a moratorium on striped bass harvest in those states out of compliance. North Carolina has its own FMP for striped bass in the Albemarle Sound and Central/Southern Areas (NCDENR 2011). Under the ASMFC s regulations the population was declared restored in 1995 (Richards and Rago 1999). Since 1995 the spawning stock biomass (SSB) has increased and stayed above the SSB target and the fishing mortality has stayed below the fishing mortality target (ASMFC 2011a). Commercial fishing has been closed in the economic exclusion zone (EEZ) since 1990 so all fishing activities occur within state waters (ASMFC 2011c). Five states prohibit all striped bass commercial fishing: Maine, New Hampshire, Connecticut, New Jersey, and Pennsylvania (Washington D.C. also prohibits commercial fishing for the species). All other states impose size limits, gear restrictions, seasonal closures and seasonal quotas that vary by state (ASMFC 2011c) Production statistics In 2010, 3,203 metric tons of striped bass were commercially landed from all gear types (ASMFC 2011b; Table 1). Commercial catch has remained stable since 2005 due to an annual Total Allowable Catch (TAC; ASMFC 2011a; Figure 1). Striped bass is commercially caught in Massachusetts, Rhode Island, New York, Delaware, Maryland, Virginia and North Carolina, with Maryland, Massachusetts and Virginia leading the harvest statistics at 2,150,577 lbs (975 mt), 1,224,356 lbs (555 mt) and 1,434,219 lbs (650 mt) in 2010 respectively (ASMFC 2011c).

6 Gear gillnet hook and line seine net otter trawl pound net other gear metric tons 1611.2 843.5 8.2 134.8 386.2 219.1 Table 1. 2010 striped bass landings (in metric tons) by gear type (Personal communication from the National Marine Fisheries Service, Fisheries Statistics Division, Silver Spring, MD). Figure 1. Commercial and recreational landings and dead discards, 1982 2010. Source ASMFC 2011a. Importance to the US/North American market Striped bass is fished in U.S. waters and is not exported to other countries. The fishery is considered a success story for fisheries management (Richards and Rago 1999). The recreational fishery is more active than the commercial fishery due to the larger allowed annual harvest of 21,337,655 lbs for recreational landings and 6,979,612 lbs for commercial landings in 2010 (ASMFC 2011c). Common and market names It is most commonly referred to as striped bass, but also can be sold as Bass, Greenhead, Linesides, Rockfish, and Striper. When used for sushi it is referred as Suzuki. Primary product forms Striped bass may be purchased fresh or frozen, whole or filleted.

7 Analysis Scoring guide All scores result in a zero to five final score for the criterion and the overall final rank. A zero score indicates poor performance, while a score of five indicates high performance. The full Seafood Watch Fisheries Criteria that the following scores relate to are available on our website at www.seafoodwatch.org. Criterion 1: Stock for which you want a recommendation Guiding principles The stock is healthy and abundant. Abundance, size, sex, age and genetic structure should be maintained at levels that do not impair the long term productivity of the stock or fulfillment of its role in the ecosystem and food web. Fishing mortality does not threaten populations or impede the ecological role of any marine life. Fishing mortality should be appropriate given current abundance and inherent resilience to fishing while accounting for scientific uncertainty, management uncertainty, and non fishery impacts such as habitat degradation. Summary Stock Inherent Vulnerability Stock Status Fishing Mortality Criterion 1 Rank Rank (Score) Rank (Score) Rank Score Striped Bass High Very Low Concern (5) Very Low Concern (5) Green 5 Justification of Ranking Factor 1.1 Inherent Vulnerability: High FishBase vulnerability score is 61. Factor 1.2 Stock status: Very low concern

8 Spawning stock biomass (SSB) estimated by the ASMFC was 50,548 mt in 2010, which is higher than both the SSB threshold (36,881 mt) and the SSB target (46,101 mt) (ASMFC 2011b; Figure 2). SSB has been above the management target for over ten years. The stock in the Albemarle Sound area appears to be healthy based on 20 years of annual monitoring (NCDENR 2011). Detailed rationale (optional): Figure 2. Striped bass spawning stock biomass (SSB) estimates and biological reference points. Source: ASMFC 2011a. Factor 1.3 Fishing mortality: Very low concern The fishing mortality (F) in 2010 estimated by the ASMFC was 0.23, which is lower than the approved F target (0.30) and F threshold (0.34) (ASMFC 2011b; Figure 3). The fishing mortality for the Albemarle Sound area was estimated at 0.10 in 2008, which is below the target fishing mortality level (NCDENR 2011). Detailed rationale (optional): F threshold is 0.34 and F target is 0.30.

Figure 3. Fishing mortality estimates for striped bass from the SCA model, 1982 2010. Source ASMFC 2011b. 9

10 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 Hook and Line Stock Inherent Vulnerability Stock Status Fishing Mortality Subscore Score (subscore*discard modifier) Rank Rank (Score) Rank (Score) No other main species caught 5.00 5.00 Green Rank (based on subscore) Pound net Stock Inherent Vulnerability Stock Status Rank Rank (Score) River Herring Medium High Concern (2) Weakfish Medium High Concern (2) White Perch High Low Concern (4) Fishing Mortality Rank (Score) Moderate Concern (2.33) Moderate Concern (2.33) Very Low Concern (5) Subscore Score (subscore*discard modifier) 2.16 2.16 Red 2.16 2.16 Red Rank (based on subscore) 4.47 4.47 Green

11 Gillnet Stock Atlantic sturgeon American Shad Inherent Vulnerability Rank High Medium Stock Status Rank (Score) Very High Concern (1) High Concern (2) River Herring Medium High Concern (2) Weakfish Medium High Concern (2) White Perch High Low Concern (4) Summer Flounder Medium Very Low Concern (5) Fishing Mortality Rank (Score) Moderate Concern (2.33) Moderate Concern (2.33) Moderate Concern (2.33) Moderate Concern (2.33) Very Low Concern (5) Very Low Concern (5) Subscore Score (subscore*discard modifier) 1.53 1.45 Red 2.16 2.05 Red 2.16 2.05 Red 2.16 2.05 Red Rank (based on subscore) 4.47 4.25 Green 5.00 4.75 Green There are six other retained species that are part of multispecies gillnet and pound net fisheries that catch striped bass: blueback herring, alewife, weakfish, American shad, white perch, and summer flounder. River herring (blueback herring and alewife) are considered together due to the difficulty distinguishing between them. River herring are caught mostly in gillnet, and to a lesser extent, in the pound net fishery. They are the species of greatest concern in the pound net fishery, as their populations are depleted and the impact of the fishery is not known. The greatest concern in the gillnet fishery is Atlantic sturgeon. Several populations of Atlantic sturgeon are listed as endangered or threatened. The gillnet fishery interacts with these populations, and it is not yet certain what effect the striped bass fishery is having. The hook and line fishery is highly selective for striped bass. Bluefish are occasionally captured with striped bass, but there is not a significant amount of catch nor is there a species of concern. Bluefish have healthy stocks and overall low fishing mortality (CPWG 2012). As a result, it is not assessed in this report. Bycatch of marine mammals in the striped bass fishery is rare and will not be assessed in this report. Justification of Ranking American Shad Gillnet Factor 2.1 Inherent Vulnerability: Medium

12 Fishbase vulnerability score is 51. Factor 2.2 Stock status: High concern No recent estimates of SSB have been presented, but according to the 2007 stock assessment, all stocks are highly depressed from their historic levels and are at an all time low (ASMFC 2007). Recent declines in American shad were indicated for Maine, New Hampshire, Rhode Island, and Georgia stocks, and for the Hudson, Susquehanna, James and Edisto Rivers (ASMFC 2007). Overall the American shad stocks do not appear to be recovering (ASMFC 2007). Factor 2.3 Fishing mortality: Moderate concern The mortality from fishing currently cannot be reliably separated from natural mortality (ASMFC 2007). Benchmarks for total mortality (including natural mortality, fishing mortality and all other anthropogenic mortality) have been established for American shad stocks from Maine through North Carolina (ASMFC 2007). Where known, total mortality estimates exceed benchmarks throughout this range (see Detailed Rationale ). The gillnet and pound net striped bass fisheries also catch American shad. American shad makes up about 7.5% of total landings in the striped bass gillnet fishery and only 0.2% of landings in the pound net fishery (NEFSC 2011; NMFS 2012, pers. comm.). Because American shad landings in the pound net fishery are so small, it is considered a main species in the gillnet fishery only. Gillnets are the main gear type catching American shad, with almost 68% of American shad caught by gillnet in 2010 (NMFS 2012, pers. comm.), with striped bass and American shad overlapping and often caught together. Detailed Rationale Amendment 1 to the Interstate FMP for Shad and River Herring Fishing used fishing benchmark, F 30, defined as the level of fishing mortality that would theoretically result in a female SSB that is 30% of unfished virgin stock (ASMFC 1999). However, the most recent stock assessment for American shad (2007) concluded that Amendment 1 was no longer valid due to the fact that shad are susceptible to multiple sources of mortality, including commercial and recreational fishing, predation, coastal development, and dam construction (ASMFC 2007). Striped bass is a known predator of herrings like American shad (Walter and Austin 2003; Rudershausen et al. 2005). The ASMFC now considers all sources of mortality when setting benchmarks. The new mortality benchmark (Z 30 ) is the total mortality that results in female SSB equivalent to 30% of the total female SSB in a stock that experiences only natural mortality (ASMFC 2007). In general, mortality has been difficult to measure partly due to controversy in techniques used for ageing fish (Kahnle pers. comm. 2010). The ASMFC (2007) created the Z 30 benchmark for some American shad stocks or aggregate stocks in regions that had adequate data, but some

13 stocks still remain without benchmarks because data are either lacking or have yet to be collected. The Z 30 benchmarks have been developed for most rivers from New England to North Carolina, but were not developed for the Delaware River, Roanoke River in North Carolina, and for the rivers in South Carolina and Georgia because the American shad stocks in southern regions are semelparous (ASMFC 2007). Each state/and or jurisdiction develops their own benchmarks when possible. Total mortality (Z) has exceeded benchmarks for all states and/or rivers evaluated in this report where Z has been set (i.e., Connecticut River, and rivers in North Carolina except for Roanoke River). When total mortality for American shad exceeds benchmarks, it does not necessarily indicate overfishing for that river, as a number of natural and anthropogenic sources of mortality in addition to directed fishing are included in the total mortality estimates (Drew, pers. comm. 2010). River Herring Pound net and Gillnet Factor 2.1 Inherent Vulnerability: Medium Fishbase vulnerability score is 51 for blueback herring and 29 for alewife. Together, blueback herring and alewife inherent vulnerability is deemed Medium. Factor 2.2 Stock status: High concern Alewife and blueback herring are collectively referred to as river herring. Given the similarity in appearance between the two species and the general overlap in habitat utilization, ASMFC manages and assesses both species together. There are over 200 river specific river herring stocks along the Atlantic Coast (ASMFC 2012). In 2012, ASMFC completed a stock assessment for river herring and concluded that populations on the US Atlantic Coast are depleted to near historic lows. The depleted determination was used instead of overfished and overfishing because many factors, not just directed and incidental fishing, are contributing to the declining abundance of river herring (ASMFC 2012). Factor 2.3 Fishing mortality: Moderate concern A North Carolina stock assessment in 2005 stated that river herring were experiencing overfishing (ASMFC 2009a), however in the most recent stock assessment (ASMFC 2012) estimates of abundance and fishing mortality could not be developed because of the lack of adequate data. River herring are a main species in the pound net fishery, accounting for about 43% of landings. Although river herring make up a relatively small proportion of the catch (about 3%) in the gillnet fishery, they are considered a main species in that fishery as well for the purposes of this

14 assessment, given the conservation concern with river herring populations (NMFS 2012, pers. comm., NEFSC 2011). Both pound net and, to a lesser extent, gillnet may be contributing substantially to the mortality of river herring. With blueback herring and alewife together, about 34% of catch is attributed to pound net fisheries, while about 7% is caught in gillnets (NMFS 2012, pers. comm.). In addition to landings in directed fisheries, bycatch and predation also contribute to the overall mortality of river herring. Interestingly, striped bass are common predators of river herring (Walter and Austin 2003; Rudershausen et al 2005). The most recent stock assessment for river herring (ASMFC 2012) has identified incidental catches by oceanic fisheries from 200 to 700 mt since 2005. This is driven by midwater trawl catch, but from July 2009 to June 2010 otter trawl caught about 6.35 mt of river herring (landings and discards combined), out of a total of 1043 mt of river herring caught across all fisheries. Weakfish Gillnet and Pound Net Factor 2.1 Inherent Vulnerability: Medium Fishbase vulnerability score is 45. For this reason, weakfish inherent resilience is deemed Medium. Factor 2.2 Stock status: High concern The SSB in 2007 was estimated at 7,236 mt, which is below the SSB threshold (10,179 mt) (ASMFC 2009b). The estimate is considered poor due to a noticeable retrospective pattern, which overestimated stock size and underestimated fishing mortality in the last few years. The stock is considered depleted (ASMFC 2009b), largely driven by an increase in natural mortality. Factor 2.3 Fishing mortality: Moderate concern Overfishing for weakfish was likely occurring in the 1980s, accounting for 60% 90% decline in biomass; fishing mortality (F) peaked at 1.01 in 1989 but management measures implemented in the early 1990s reduced the fishing rate (ASMFC 2009b). The stock assessment model currently accepted for management does not use maximum sustainable yield (MSY) reference points so F MSY (fishing mortality or fishing maximum sustainable yield) is not appropriate for weakfish for this criterion. However, fishing mortality levels are considered to be low/moderate for weakfish, with 10% 20% of overall mortality estimated to be attributable to fishing (ASMFC 2010). By 1995, F declined to 0.24 (biomass peaked in 1996) and has fluctuated

15 below and around 0.5 since (F between 0.26 and 0.58) (Uphoff 2006, ASMFC 2010, Uphoff 2010). The fishing mortality in 2007 was estimated at 0.51, which is greater than both the target F (0.28) and threshold F (0.42) (ASMFC 2009b). However, the estimate is considered poor due to a noticeable retrospective pattern, which overestimated stock size and underestimated fishing mortality in the last few years. Weakfish are harvested in the striped bass gillnet and pound net fisheries (ASMFC 2009b). The pound net fishery catches about 8% of the total weakfish catch, while the gillnet fishery is responsible for nearly 58%. Although the estimates of F exceed target and threshold levels and the gillnet and pound net fisheries are contributing to this catch, the estimate is highly uncertain. There is evidence that fishing mortality overall has remained low, and the decrease in weakfish is due to declining productivity and increased predation on juvenile weakfish, rather than increased harvest (ASMFC 2009b). Atlantic sturgeon Gillnet Factor 2.1 Inherent Vulnerability: High Fishbase lists Atlantic sturgeon as having very high vulnerability with a score of 85 of 100. Factor 2.2 Stock status: Very high concern Atlantic sturgeon are depleted throughout their range and are considered a species of concern by NOAA (Atlantic Sturgeon Status Review Team (ASSRT) 2007). Additionally, in 2012 NMFS listed four distinct population segments (DPS) of Atlantic sturgeon as endangered (New York Bight, Chesapeake, Carolina and South Atlantic) and one DPS as threatened (Gulf of Maine) under the Endangered Species Act (NMFS 2012a; b). Factor 2.3 Fishing mortality: Gillnet Moderate concern A variety of threats including directed harvest, commercial fisheries bycatch, and habitat destruction have contributed to the dramatic declines in Atlantic sturgeon populations since the mid 1800s (ASSRT 2007). Currently, there is no directed fishery for Atlantic sturgeon, but both commercial fishery bycatch and habitat destruction remain threats (ASSRT 2007). Possession of Atlantic sturgeon, or any parts, has been prohibited since 1998, and this moratorium will remain in effect until at least 20 protected year classes of mature females have been established (McKown et al. 2006). However, while the moratorium should effectively prevent directed fishing of Atlantic sturgeon, incidental bycatch remains a concern (ASSRT 2007).

16 The 2007 status review of Atlantic sturgeon, which recommended the listing of five DPS s of Atlantic sturgeon under the Endangered Species Act (see above, Factor 2.2), found commercial fisheries bycatch to be a significant threat in each of these DPS s (ASSRT 2007). Sink gillnet fisheries were found to have the greatest impact (ASSRT 2007). Atlantic sturgeon bycatch may occur in pound nets, but post release survival is expected to be 100% (ASSRT 2007). Several fisheries in the region contribute to Atlantic sturgeon bycatch. The striped bass and striped bass weakfish fisheries were among those with the highest bycatch rates of Atlantic sturgeon (ASSRT 2007). However, the mortality rates of captured sturgeon were relatively low (<=10%), and due to the relatively small scale of the striped bass fishery, other fisheries (e.g. those targeting monkfish and dogfish) resulted in greater overall bycatch of Atlantic sturgeon (ASSRT 2007). Current levels of bycatch are believed to be too high to allow Atlantic sturgeon from the New York Bight, Chesapeake, Carolina and South Atlantic DPS s to recover (accounting for other threats as well; ASSRT 2007). However, because of the number of fisheries interacting with Atlantic sturgeon and incomplete data on their bycatch and mortality rates, the extent to which the striped bass fishery is contributing is unclear. In addition, the effectiveness of management measures to reduce Atlantic sturgeon bycatch is unknown, as these measures are currently still in development (see Factor 3.2). The following species (white perch and summer flounder) are evaluated here because they are a main component of the targeted catch in the striped bass fishery; however, neither species is of conservation concern. White Perch Gillnet and Pound Net Factor 2.1 Inherent Vulnerability Fishbase vulnerability score is 68. Factor 2.2 Stock status: Low concern A Maryland assessment in 2009 indicated that the estimated biomass was above minimal stock levels and stock abundance would be maintained (MDNR 2011a). An assessment of the Choptank River population indicated an increase from 1 million in 1989 to 6 million in 2007 (MDNR 2011a). Factor 2.3 Fishing mortality: Very low concern

17 Total mortality calculated from a catch curve of ages 5 0 was 0.29 for both sexes in Maryland s Chesapeake Bay (MDNR 2001). A Maryland assessment in 2009 indicated that the fishing mortality was lower than necessary to maintain stock abundance (MDNR 2011a). Summer Flounder Factor 2.1 Inherent Vulnerability: Medium Fishbase vulnerability score is 47. Factor 2.2 Stock status: Very low concern SSB was 60,238 mt in 2010, which is higher than both the SSB threshold and the SSB target (60, 074 mt) (Terceiro 2011). Factor 2.3 Fishing mortality: Very low concern The fishing mortality (F) in 2010 was 0.216, which is lower than the approved F threshold (0.31) (Terceiro 2011). Summer flounder catches in 2010 were about 5% for gillnet (NMFS, pers. comm., 2012). Factor 2.4 Overall discard rate: Hook and line 0 20% Pound net 0 20% Gillnet 20 40% There is little information available on discards or bycatch, but in general the discards to landings ratio is low. Hook and line has no significant bycatch of non target species, but the discard rate of striped bass is 0% 20%. Overall discard rates are in the range of 0% 20% for pound net and 20% 40% for gillnet. For weakfish in pound nets and gillnets, discard losses have averaged less than 20% of the total removals since 1994 (ASMFC 2009b). The discard to landings ratio was unavailable for all white perch fisheries, so values for striped bass were used as a proxy (<20% for pound net and 20% 40% for gillnets). Discards were estimated from tag returns (ASMFC 2011b) and an observer study (Clark and Kahn 2009). Discards of summer flounder, which are taken in gillnets and otter trawls, was low (<20%; Terceiro 2011). Discards of American shad in striped bass and other fisheries is almost totally unknown and needs expedited investigation (ASMFC 2007). Further research into discards is warranted (ASMFC 2009a). Other gear discard rates were assumed to be similar.

18 Criterion 3: Management effectiveness Guiding principle The fishery is managed to sustain the long term productivity of all impacted species. Management should be appropriate for the inherent resilience of affected marine life and should incorporate data sufficient to assess the affected species and manage fishing mortality to ensure little risk of depletion. Measures should be implemented and enforced to ensure that fishery mortality does not threaten the long term productivity or ecological role of any species in the future. Summary Fishery Management: Harvest Strategy Rank (Score) Management: Bycatch Criterion 3 Rank (Score) Hook and Line Very Low Concern (5) All species retained (N/A) Rank Score Green 5 Pound Net Moderate Concern (3) All species retained (N/A) Gillnet Moderate Concern (3) Moderate Concern (3) Yellow 3 Yellow 3 Justification of Ranking Factor 3.1 Management of fishing impacts on retained species: Hook and Line Very Low Concern Gillnet and Pound Net Moderate concern Fishery Critical? Mgmt strategy and implement. Recovery of stocks of concern Scientific Scientific research and advice monitoring Enforce. Track record Stakeholder inclusion Hook and Line Pound Net Gillnet No No No N/A Moderately Moderately Moderately Moderately

19 The striped bass stock has been successfully managed and has been considered sustainable since the early 2000s (ASMFC 2011b). Stock assessments have been subjected to peer reviews and ASMFC has incorporated advice and concerns through amendments and future plans (ASMFC 2011b; ASMFC 2011c). The one problem for striped bass is with enforcement of regulations. Since state regulations differ, there is more difficulty associated with enforcing regulations near state boundaries (ASMFC 2011c). Enforcement techniques are continually evolving to deal with these problems (ASMFC 2011c). The main problem with other species retained is with research and monitoring. Several of the species, particularly American shad, river herring, and weakfish are in need of better fisheries data to support future management and enforcement and to explore the latter s increase in natural mortality (ASMFC 2007; ASMFC 2009a; ASMFC 2009b). Detailed rationale: Management Strategy and Implementation: effective The striped bass fishery has been managed since 1981 (Richards and Rago 1999), with very successful results and good implementation through state regulations (Table 2). Stock assessments are available for six of the seven species (ASMFC 2007; ASMFC 2009b; ASMFC 2011a; ASMFC 2012; Terceiro 2011). More research is needed before more management can be created for the other species. The periodic stock assessments and yearly FMPs for six of the seven species show that, overall, both management and implementation are fairly good. The management strategy and implementation is considered highly effective for all striped bass fisheries. Recovery of stocks of concern: Gillnet and Pound Net Moderately effective; Hook and Line N/A The striped bass stock is fully recovered through the ASMFC s management plans (Richards and Rago 1999), and the SSB is above both the threshold and target values (ASMFC 2011b). A good management plan is in place to maintain this stock and allow continued fishing. American shad and river herring are currently in need of biological and observer data to facilitate recovery. ASMFC has recently approved Amendments 2 and 3 to the Shad and River Herring FMP. These amendments require specific sustainable fishing practices and increased monitoring by states and jurisdictions for shad and river herring. Specifically, commercial and recreational harvest (including bycatch) of river herring and shad is prohibited in state waters unless a state or jurisdiction can prove sustainability of their stocks. Scientific Research and Monitoring: Gillnet and Pound Net Moderately effective; Hook and Line effective A peer reviewed stock assessment for striped bass was made in 2008, and an update to that assessment was made in 2011 (ASMFC 2011b). This stock is subject to continued monitoring that will support future stock assessments (ASMFC 2011b). Research and monitoring of at risk species need to be improved for pound net and gillnet. Data from MRFSS was considered

20 unreliable to assess SSB and fishing mortality for river herring or American shad (ASMFC 2007; Taylor et al. 2011). There is a need to collect adequate fish stock and monitoring data for American shad and river herring (ASMFC 2007; ASMFC 2009a; Taylor et al. 2011). Scientific Advice: effective Management follows scientific advice and management plans are well received by peer reviewers for striped bass (ASMFC 2011b). Scientific advice for management of the striped bass was given and incorporated via amendments and future plans (ASMFC 2011c). For other species the scientific advice is to improve research and monitoring of American shad and river herring (ASMFC 2007; ASMFC 2009a Taylor et al. 2011) and gain a better understanding of weakfish natural mortality (ASMFC 2009b). Enforcement: effective Sufficient monitoring is implemented and regulations are enforced for striped bass, however state borders tend to have more difficulty with enforcement especially when regulations differ significantly between states (ASMFC 2011c). Monitoring is in place for all other species, but needs work in three of the six species (see Scientific Research and Monitoring). ASMFC is developing Addendum III to Amendment 6, which proposes implementation of a coast wide commercial tagging program to reduce illegal striped bass harvest and sale. Track Record: effective The measurements implemented for striped bass brought the stock from depleted in 1981 to fully recovered by 1995 (Richards and Rago 1999). Since 1995, the stock has been above the SSB target (Figure 2), and since the mid 1980s fishing mortality has remained below the F target (ASMFC 2011a; Figure 3). For other species, the status of the stocks has been identified in most cases, and assessments or FMPs are planned for the future after sufficient monitoring. Stakeholder inclusion: effective The ASMFC allows public input on various actions that are in their jurisdiction. The ASMFC, under the Atlantic Coastal Fisheries Cooperative Management Act, must provide adequate public participation in its fishery management planning process, including at least four public hearings and procedures for submission of written comments to the Commission (ASMFC).

21 STATE SIZE LIMITS SEASONAL QUOTA OPEN SEASON ME NH Commercial fishing prohibited Commercial fishing prohibited 34" min. 1,159,750 lb (minus any overage Jul 12 until quota reached; 5 fish/day on Sun; 30 fish/day Tues Thurs MA from previous year) Hook and line Floating fish trap: 26" min. Total: 239,963 lb. (minus any Trap: Jan 1 until quota reached; if 80% quota harvested before Aug General category (mostly rod overage from previous year) Split: 26, a 500 lb/trap/day limit is imposed; from Aug 27 Dec 31, 10,000 lb. and reel): 34" min 39:61 between trap and general quota set aside available. General category: Jun 1 Aug 31 or 75% RI category. Gillnetting quota; Sept 13 Dec 31 or 100% quota; 5 fish/day Sun Thurs CT Commercial fishing prohibited NY NJ PA DE MD PRFC DC VA NC 24 36" Ocean only (Hudson River closed to commercial harvest) 828,293 lb. (minus any overage from previous year). Pound nets, gillnets (6 8" stretched mesh), hook and line. 28" min except 20" spring 193,447 lb. (minus any overage gillnet in DE Bay/River and from previous year) Nanticoke River (5.5" max mesh & 0.28 mm max twine) Bay and Rivers: 18 36" Ocean: 24" 18" min all year 36" max Feb 15 Mar 25 Bay and Rivers: 18" min, 28" max & complimentary gillnet mesh size limit Mar 26 Jun 15 Ocean: 28" minimum Albemarle Sound: 18" Ocean: 28" Bay and River: 2,254,831 lbs (part of Baywide quota) Gear specific quotas and landing limits Ocean: 126,396 lb. (minus any overage from previous year) Table 2. Adapted from ASFMC 2011c. Striped bass fishing regulations by state. PRFC = Potomac River Fisheries Commission. Factor 3.2 Management of fishing impacts on bycatch species Gillnet Moderate concern Hook and line and Pound Net All species retained (N/A) Jul 1 Dec 15 Gillnets <6 or >8", 7 fish/trip; trawls 21 fish/trip. Gillnets prohibited in Great South, South Oyster, and Hempstead Bays. Gillnet: Feb 15 May 31 (Mar 1 31 for Nanticoke) & Nov 15 Dec 31; Drift nets only Feb 15 28 & May 1 31; no fixed nets in DE River Hook and line: Apr 1 Dec 31 Except April 1 May 31 closed spawning areas Bay Pound net: Jun 1 Nov 30, Mon Sat Bay Haul seine: Jun 7 Nov 30, Mon Fri Bay Hook and line: Jun 7 Nov 30, Mon Thurs Bay Drift gillnet: Jan 1 Feb 28, Dec 1 31, Mon Fri Ocean Drift gillnet and trawl: Jan 1` Apr 30, Nov 1 Dec 31, Mon Fri 835,960 lbs (part of Baywide Hook and line: Feb 15 Mar 25; Jun 1 Dec 31 Pound net & other: Feb quota) 15 Mar 25; Jun 1 Dec 31 Gillnet: Jan 1 Mar 25 Commercial fishing prohibited Bay and Rivers: 1,538,022 lbs in Bay and Rivesr: Feb 1 Dec 31 2010 (part of Baywide quota) Ocean: Feb 1 Dec 31 Ocean: 184,853 lb. (minus any overage from previous year) Albemarle Sound: 275,000 lb Ocean: 480,480 lb. (minus any overage from previous year) split 160,160 lbs each to beach seine, gillnet and trawl Commercial fishing prohibited Commercial fishing prohibited Albemarle Sound: Jan 1 April 30, Oct 1 Dec 31; daily trip limit ranging from 5 to 15 fish; striped bass cannot exceed 50% by weight of total finfish harvest; season and daily limits set by proclamation. Ocean: gear requirements; open days and trip limits for beach seine, gillnet, and trawl set via proclamation Fishery All Main Critical? Species Retained? Mgmt strategy and implement. Scientific Scientific research and advice monitoring Enforce. Hook and Line Yes Pound Net Yes Gillnet No No Moderately

22 Atlantic sturgeon is occasional bycatch in striped bass fisheries, especially gillnet (ASSRT 2007). Bycatch of Atlantic sturgeon associated with striped bass has been low between 1989 and 2000 (Stein et al. 2004). It is illegal to be in possession of Atlantic sturgeon, or any parts of, and will be until at least 20 year classes of females in the spawning biomass are established (McKown et al. 2006). Management measures to reduce bycatch are under development. Detailed rationale: Gillnet Management Strategy and Implementation: Moderately effective Possession of Atlantic sturgeon, or any parts, has been prohibited since 1998 and individual states are implementing restrictions of sturgeon bycatch in other fisheries (McKown et al. 2006). The moratorium will stand until at least 20 year classes of females in the spawning biomass have been established (McKown et al. 2006). Additionally, in 2012 NMFS listed four DPS of Atlantic sturgeon as endangered (New York Bight, Chesapeake, Carolina and South Atlantic) and one DPS as threatened (Gulf of Maine; NMFS 2012a; b). Currently, the striped bass fisheries do not have any specific measures in place to reduce incidental bycatch of Atlantic sturgeon. However, due to the recent listing of five populations of Atlantic sturgeon under the Endangered Species Act (ESA), each state is currently considering various management measures that would reduce incidental take, as required under the ESA (i.e. North Carolina Marine Fisheries Commission (NCMFC) 2012). Until these measures are fully developed and implemented, their effectiveness cannot be assessed. However, given that there is currently a need for more stringent management of bycatch of this species of concern, and that management is attempting to address that need, the management strategy and implementation is ranked as moderately effective. Scientific Research and Monitoring: effective Many tagging and tracking studies of juvenile and adult sturgeon are ongoing to better assess the stock (McKown et al. 2006). Scientific Advice: effective The following research needs have been identified: assess population status, assess habitat suitability, identify mortality factors, develop culture and stock enhancement information, and elucidate life history and ecological characteristics (McKown et al. 2006). Many studies are underway to examine these research needs (McKown et al. 2006). Enforcement: effective As of 2005, all states and jurisdictions maintain compliance with the sturgeon moratorium and monitoring goals (McKown et al. 2006).

23 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. Fishery Impact of gear on the substrate Mitigation of gear impacts Rank (Score) Rank (Score) Rank (Score) Hook and Line None (5) N/A Pound Net Low Concern (3) Gillnet Low Concern (3) Minimal mitigation (0.25) Minimal mitigation (0.25) EBFM Criterion 4 Moderate Concern (3) Moderate Concern (3) Moderate Concern (3) Rank Score Green 3.87 Yellow 3.12 Yellow 3.12 Justification Hook and Line Factor 4.1 Impact of the fishing gear on the substrate: None Hook and line gear has no interaction with the soft sediment substrate of estuaries. Detailed rationale: The Chesapeake Bay benthic habitat is primarily sand, clay and silt (soft sediments) with a few oyster beds (Chesapeake Bay Benthic Habitat Integration 2009; Figure 4). The Delaware Bay benthic habitat is also primarily sand, clay and silt with a few shell beds (Madsen et al. 2005; Figure 5).

24 Figure 4. Source: Chesapeake Bay Benthic Habitat Integration 2009.

25 Figure 5. Bottom sediment type as determined by RoxAnn classification. Source: Madsen et al. 2005. Factor 4.2 Modifying factor: Mitigation of fishing gear impacts: N/A N/A Gear is benign Factor 4.3 Ecosystem and Food Web Considerations: Moderate concern No exceptional species (those that play a disproportionately important role in the ecosystem) are caught in the fishery. There are no efforts to fully assess the ecological impacts of the fishery.

26 Pound Net Factor 4.1 Impact of the fishing gear on the substrate: Low concern The pound net fishery is operated in coastal bays, estuaries and New York s inshore waters predominantly over soft sediments. A pound net is a stationary gear type attached to the sediment for the live entrapment of fish. Detailed rationale: The Chesapeake Bay benthic habitat is primarily sand, clay and silt (soft sediments) with a few oyster beds (Chesapeake Bay Benthic Habitat Integration 2009; Figure 4). The Delaware Bay benthic habitat is also primarily sand, clay and silt with a few shell beds (Madsen et al. 2005; Figure 5). Factor 4.2 Modifying factor: Mitigation of fishing gear impacts: Minimal mitigation Managers have seasonal, area, and day closures (Commercial Finfish Regulations 2012; Department of Environmental Conservation 2011), but no further mitigation actions. Detailed rationale: Pound nets are operated in Chesapeake Bay and with New York State coastal waters. The season is open in Maryland from 1 June 2012 through 30 November 2012 (Commercial Finfish Regulations 2012). Factor 4.3 Ecosystem and Food Web Considerations: Moderate concern No exceptional species (those that play a disproportionately important role in the ecosystem) are caught in the fishery. There are no efforts to fully assess the ecological impacts of the fishery. Gillnet Factor 4.1 Impact of the fishing gear on the substrate: Low concern Gillnets are the most commonly used gear in the striped bass fishery (ASMFC 2011b), which is operated mostly in soft sediments of coastal bays, estuaries and inshore waters. As a fixed gear, the gillnets come in contact with the seafloor but do not disturb a large footprint of the seabed during fishing.

27 Detailed rationale: The Chesapeake Bay benthic habitat is primarily sand, clay and silt (soft sediments) with a few oyster beds (Chesapeake Bay Benthic Habitat Integration 2009; Figure 4). The Delaware Bay benthic habitat is also primarily sand, clay and silt with a few shell beds (Madsen et al. 2005; Figure 5). Factor 4.2 Modifying factor: Mitigation of fishing gear impacts: Minimal mitigation Gillnets are prohibited by several states, while others have seasonal, area and day closures and further gear restrictions (Commercial Finfish Regulations 2012; ASMFC 2011c). Detailed rationale: Massachusetts and Rhode Island prohibit the use of gillnets, while New York prohibits gillnet use in the Hudson River, and Great South, South Oyster and Hempstead Bays and Delaware has closed spawning areas (ASMFC 2011c). Maryland fishing season is open in the ocean from 1 January 2012 to 30 April 2012 and 1 November 2012 to 31 December 2012, and in Chesapeake Bay from 1 December 2011 to 28 February 2012 and 1 December 2012 to 31 December 2012 (Commercial Finfish Regulations 2012). Delaware, North Carolina and Virginia have mesh size restrictions on gillnets and no fixed gillnets are allowed in the Delaware River (ASMFC 2011c; North Carolina Marine Fisheries Commission 2011). Factor 4.3 Ecosystem and Food Web Considerations: Moderate concern No exceptional species (those that play a disproportionately important role in the ecosystem) are caught in the fishery. There are no efforts to fully assess the ecological impacts of the fishery.

28 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 thanks thee anonymous reviewers who graciously reviewed this report for scientific accuracy. References Atlantic States Marine Fisheries Commission (ASMFC). http://www.asmfc.org Accessed on April 3 2012. Atlantic States Marine Fisheries Commision (ASMFC). 2012. River herring benchmark stock assessment Volume 1. Stock assessment report no. 12 02 of the Atlantic States Marine Fisheries Commission. 388 p. Atlantic States Marine Fisheries Commission (ASMFC). 2011a. 2011 Stock Assessment for Atlantic Striped Bass. Washington (DC): ASMFC. A report prepared by the Atlantic Striped Bass Technical Committee. 281 p. Atlantic States Marine Fisheries Commission (ASMFC). 2011b. Striped Bass Stock Assessment Update. ASMFC. 132 p. Atlantic States Marine Fisheries Commission (ASMFC). 2011c. 2011 Review of the Atlantic States Marine Fisheries Commission Fishery Management Plan for Atlantic Striped Bass (Morone saxatilis): 2010 Fishing Year. ASMFC. 30 p. Atlantic States Marine Fisheries Commission. (ASMFC). 2010. 2009 Review of the Atlantic States Marine Fisheries Commission Fishery Management Plan for Weakfish (Cynoscion regalis), 2008 Fishing Year. Atlantic States Marine Fisheries Commission, Arlington, VA. Atlantic States Marine Fisheries Commission (ASMFC). 2009a. Amendment 2 to the Interstate Fishery Management Plan for Shad and River Herring. Shad and River Herring Plan Development Team. ASMFC. 166 p. Atlantic States Marine Fisheries Commission (ASMFC). 2009b. Weakfish stock assessment report. Woods Whole (MA): ASMFC. A report prepared by the ASMFC Weakfish Technical Committee: 439 824. Atlantic States Marine Fisheries Commission (ASMFC). 2007. Terms of Reference and Advisory Report to the American Shad Stock Assessment Peer Review. Stock Assessment Report No. 07 01. 31 p. Atlantic States Marine Fisheries Commission (ASMFC). 2003. Amendment 6 to the Interstate Fishery Management Plan for Atlantic Striped Bass. Fishery Management Report No. 41 of the ASMFC. 63 p. Atlantic States Marine Fisheries Commission. (ASMFC). 1999. Fisheries Management Report No. 35. Amendment 1 to the Interstate Fishery Management plan for shad and river herring. 77 p.