Mid-Atlantic Council Seeks Contractor to Develop Climate-Ready Updates to Essential Fish Habitat (EFH) Source Documents - Proposals Due December 20

The Mid‐Atlantic Fishery Management Council (Council) is seeking a contractor(s) to update and develop Essential Fish Habitat (EFH) source documents for all Federally managed species in the Northeast. The proposal submission deadline is December 20, 2024.

Background: The regional fishery management councils are required under the Magnuson-Stevens Fishery Conservation and Management Act to identify and describe EFH for all federally managed species. In the past, the Northeast Fisheries Science Center has compiled information on the distribution, abundance, and habitat requirements for each species managed by the Mid-Atlantic and New England Councils. These documents, referred to as “EFH source documents,” provide foundational information to support EFH reviews and designations. In addition to describing habitat requirements, these documents present information on all aspects of fish life history and ecology, including food habits, predator-prey dynamics, movement/migration, and stock genetics/structure. Although EFH source documents continue to be used by managers and researchers, they have not been revised or updated since the mid-2000s.

The goal of this project is to update EFH source documents for all Federally managed species to include new information on life history and ecology, distribution, habitat requirements, and climate impacts. These updates will ensure that EFH designations, consultations, and management decisions are guided by the most up-to-date science, supporting resilient, climate-ready fisheries across the Northeast US.

Scope of Work: The contractor(s) will conduct in-depth literature reviews and update all sections of the EFH source documents for all species currently managed by the Mid-Atlantic and New England Councils. EFH source documents were not previously prepared for a small number of managed species and will therefore need to be newly developed. The structure for the new and updated source documents will be developed by the contractor and approved by a project oversight team. Climate change adaptation is a focus area for both Councils. New and updated source documents should be “climate ready” in the sense that they should reflect any research literature that explains recent spatial changes in fish habitat use or adjustments to timing of activities such as spawning or migration.

Additional Information: Complete details about the project, contractor qualifications, and proposal submission instructions can be found in the request for proposals (RFP).

October 2024 Council Meeting Summary

The Mid-Atlantic Fishery Management Council met October 8-10, 2024, in Dewey Beach, DE. The following is a summary of actions taken and issues considered during the meeting. Presentations, briefing materials, motions, and webinar recordings are available at http://www.mafmc.org/briefing/october-2024.

• October 2024 Council Meeting Summary (PDF)

Highlights

During this meeting, the Council:

• Reviewed and approved a strategic plan for 2025-2029

• Adopted butterfish specifications for 2025-2026

• Recommended status quo 2025 specifications for Atlantic mackerel in 2025

• Deferred action on 2025 spiny dogfish specifications pending further consideration by the Scientific and Statistical Committee

• Received an update on the private recreational tilefish permitting and reporting program and considered recommendations for improving angler awareness and compliance

• Recommended that NOAA Fisheries pause soliciting for new monkfish RSA projects until the program’s underlying economic and programmatic issues are addressed

• Received a presentation on a proposed rule to modify and/or expand reporting requirements for Atlantic HMS species and agreed to submit comments

• Received an overview of draft outcomes, recommendations, and possible action items from the 8th National Scientific Coordination Subcommittee (SCS) Workshop

• Received presentations on several topics related to offshore wind energy development

• Received an update from the NOAA Fisheries regional office on habitat and offshore wind activities of interest in the Mid-Atlantic region

• Approved several changes to the guidelines for the Council’s three awards

• Reviewed and provided feedback on proposed actions and deliverables for the 2025 Implementation Plan (Executive Committee)

2025-2029 Strategic Plan

The Council reviewed and approved a strategic plan for 2025-2029. The plan builds upon the foundation of the 2020-2024 plan, integrating lessons learned, progress achieved, and input from Council members and stakeholders. The document is organized around five goal areas: Communication, Science, Management, Ecosystem and Governance. The Council will use the plan to guide its management activities and operations over the next five years. The final document will be posted at https://www.mafmc.org/strategic-plan in the coming weeks.

2025-2026 Butterfish Specifications

The Council reviewed the stock status and performance of the butterfish fishery and adopted multi-year specifications for 2025-2026. Based on the recommendations provided by the Scientific and Statistical Committee (SSC), the Council adopted Acceptable Biological Catches (ABC) of 17,115 metric tons (MT) for 2025 and 13,842 MT for 2026. These ABCs are products of the Council’s risk policy and projections using the 2024 management track assessment, which found the butterfish stock is above its target biomass. The Council is removing a 5% management uncertainty buffer given catches appear well constrained. After potential discards are deducted, the commercial quotas would be 11,324 MT (25.0 million pounds) in 2025 and 8,051 MT (17.7 million pounds) in 2026 (both substantially above recent landings).

The Council also considered a modification to the butterfish mesh regulations to add flexibility in the types of mesh that can be used for directed fishing. The Council deferred action until the next meeting after NMFS raised concerns about enforcement’s ability to discern differences in some relevant mesh configurations. A Law Enforcement Committee meeting will be held in November 2024 to further evaluate any issues.

2025 Atlantic Mackerel Specifications

The Council reviewed the stock status and performance of the Atlantic mackerel fishery and recommended maintaining the previously adopted 2025 specifications and management measures, including a commercial quota of 868 MT. Next year’s 2025 stock assessment will assess rebuilding progress and will be used to inform 2026-2027 specifications.

2025 Spiny Dogfish Specifications

The Council reviewed the stock status and performance of the spiny dogfish fishery and deferred action on modifying 2025 spiny dogfish specifications until the next meeting. Updated catch information led to lower projections for 2025, and industry provided input that the resulting lower quotas could collapse the spiny dogfish fishery by forcing the last processor out of business. The Council requested its SSC calculate an ABC equal to the catch associated with a 50% probability of overfishing under a suspension of the Council’s risk policy (which would otherwise dictate a lower 46% chance of overfishing and a lower catch). 

Private Recreational Tilefish Permitting, Reporting, and Program Evaluation

In August 2020, new recreational permitting and reporting requirements were introduced for private tilefish anglers. During this meeting, the Council received several presentations offering key insights into the program's performance and areas for improvement. These included an overview of the Council’s historical and recent efforts, followed by an update from the Greater Atlantic Regional Fisheries Office (GARFO) on the current status of permitting and reporting. The GARFO update  provided detailed information on the number of permits issued, recreational trips taken, and landings reported since the program's inception.

Dr. Willy Goldsmith (Pelagic Strategies) and Jill Stevenson (Stevenson Sustainability Consulting) also presented a final evaluation of the angler permit and reporting program. The report highlighted significant gaps in the program, pointing to persistently low compliance and annual reporting rates. The evaluation provided actionable recommendations for enhancing the program’s effectiveness.

Following the presentations and subsequent discussion, the Council endorsed several recommendations identified through program evaluation final report.  These recommendations will be incorporated into the Council’s 2025 Implementation Plan, aiming to address the identified challenges and improve the overall compliance and efficiency of the tilefish permitting and reporting program.

Monkfish Fishery Performance Report and Monkfish Research Set Aside Improvements

The Council reviewed recent monkfish fishery performance and several ongoing efforts to improve the Monkfish Research Set Aside (RSA) program. The Council mirrored a motion from the New England Fishery Management Council recommending that NMFS pause soliciting for new monkfish RSA projects until the program’s underlying economic and programmatic issues are addressed. The Councils also requested that NMFS consider letting the two current Monkfish RSA projects continue selling RSA days-at-sea into 2025 and 2026 to fund their work on developing monkfish catch per unit of effort (CPUE) indices in support of upcoming assessments.

Proposed Rule: Electronic Reporting Requirements for Atlantic Highly Migratory Species

Guy DuBeck and Karyl Brewster-Geisz from NOAA Fisheries Atlantic Highly Migratory Species (HMS) presented an update on a recent proposed rule on electronic reporting. The proposed rule is intended to modify and/or expand reporting requirements for Atlantic HMS, including reporting by commercial, for-hire, and private recreational vessel owners and dealers. Following the presentation, the Council agreed it would be important to provided formal written comments on the proposed rule given the Councils existing electronic reporting requirements and the overlap in stakeholders. 

Scientific Coordination Subcommittee 8th National Workshop Outcomes

The Council received an overview of draft outcomes, recommendations, and possible action items from the 8th National Scientific Coordination Subcommittee (SCS) Workshop. The SCS is a subcommittee of the Council Coordination Committee (CCC) and consists of the chairs and other selected members of the SSCs from each of the eight regional fishery management councils. The 8th SCS workshop was hosted by the New England Fishery Management Council and was held on August 26-28, 2024, in Boston, Massachusetts. The theme for the workshop was “Applying Acceptable Biological Catch (ABC) Control Rules in a Changing Environment” with the goal of providing actionable guidance to support the Councils in their management considerations given the environmental change and scientific uncertainty each region is experiencing.  The Council will receive an update on the final workshop recommendations and action items once the proceedings report is available in the spring of 2025.

Offshore Wind Energy Updates

The Council received presentations on several topics related to offshore wind energy development, including updates from the Bureau of Ocean Energy Management (BOEM), the Mid-Atlantic Regional Council on the Ocean, the New Jersey Offshore Wind Research and Monitoring Initiative, the Northeast Fisheries Science Center, and the NOAA Fisheries Greater Atlantic Regional Fisheries Office. Council members expressed concern about observations this summer of dead Atlantic croaker near pile driving activities for the Coastal Virginia Offshore Wind project and dead hake near pile driving activities for Revolution Wind. Council members asked about the causes of these fish kills and how to prevent similar issues in the future. BOEM staff indicated that evaluations of the potential causes, including necropsies, are ongoing. Council members and public comments also expressed concerns that offshore wind energy development may be contributing to reduced squid catches in recent years.

Habitat Updates

Karen Greene, with NOAA Fisheries Greater Atlantic Regional Fisheries Office (GARFO) Habitat and Ecosystem Services Division (HESD), provided project updates on port development (including Key Bridge collapse recovery efforts), infrastructure, energy, and U.S Army Corps of Engineers federal navigation and civil work projects within the Mid-Atlantic. Of note, the Environmental Protection Agency is considering a possible offshore fishery enhancement beneficial use site using dredged material from the New York Bight, as the Historic Area Remediation Site (HARS) is nearing capacity. In addition, several hydropower dams on the Delaware River and Susquehanna River are under consideration for hydropower retrofits and/or relicensing; HESD is engaging in discussions to ensure safe and efficient upstream and downstream passage of diadromous species, while balancing invasive species concerns. NOAA/US Fish and Wildlife Service also released a guidance document on tidal wetland restoration in the Mid-Atlantic that stresses more holistic marsh restoration approaches.

Council Awards Discussion

The Council approved several changes to the guidelines for the Council’s three awards (Ricks E Savage Award, Award of Excellence, James A. Ruhle Cooperative Research Award). The approved changes are intended to clarify the purpose of each award and improve the nomination and selection procedures. The revised guidelines include updated/expanded award descriptions for the Ricks E Savage Award and the Award of Excellence. Additionally, the Council endorsed staff’s recommendation to shift the timing for the Ricks E Savage Award due to the February meeting being held virtually beginning in 2025. Under the revised process, the Executive Committee will review nominations for the Ricks E Savage Award at the October meeting, and the award will be presented at the December meeting. The revised guidelines also specify that any nominations received throughout the year for the Award of Excellence and Cooperative Research Award will be considered at the October meeting. Additional information about Council awards is available at https://www.mafmc.org/awards.

Executive Committee – 2025 Implementation Plan

The Executive Committee met to review and provide feedback on a draft list of actions and deliverables for the 2025 Implementation Plan. The Council develops Implementation Plans each year to ensure progress toward achieving the goals and objectives of its 5-year strategic plan. During the meeting, the Committee received a progress update on the 2024 Implementation Plan and then reviewed a draft list of actions and deliverables for 2025. The full Council will review a draft 2025 Implementation Plan at the December meeting.

Next Meeting

The next Council meeting will be held December 9-12, 2024, in Annapolis, Maryland. A complete list of upcoming meetings can be found at https://www.mafmc.org/council-events.

ASMFC and MAFMC Approve Changes to Summer Flounder Commercial Mesh Size Exemptions

PDF Version

Annapolis, MD – The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board (Board) and the Mid-Atlantic Fishery Management Council (Council) have jointly approved modifications to two exemptions from the summer flounder commercial minimum mesh size requirements. The Board adopted these changes through Addendum XXXV to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, and the Council recommended identical measures through a framework action which will be submitted to the National Marine Fisheries Service for review and implementation. 

Current regulations for the summer flounder trawl fishery require a minimum mesh size of 5.5-inch diamond mesh or 6.0-inch square mesh to retain more than 200 pounds of summer flounder from November through April, or 100 pounds of summer flounder from May through October. The Small Mesh Exemption Program provides an exemption from these requirements for authorized vessels fishing in a designated area from November 1 through April 30. This exemption is designed to allow vessels to retain some bycatch of summer flounder while operating in other small-mesh fisheries. Through this action, the Board and Council agreed to expand the exemption area by moving the boundary of the northern portion of the area approximately five miles west, then connecting the western boundary to the southern scup Gear Restricted Area. While this has the appearance of notably increasing the size of the exemption area, a large portion of the area overlaps with the Frank R. Lautenberg deep sea coral zone, where bottom tending gear is already prohibited. The intent of this change is to increase economic opportunities for industry while continuing to protect the summer flounder stock and prevent regulatory discards.

The Board and Council also voted to implement a tiered monitoring approach for the Small Mesh Exemption Program. Current regulations allow the Greater Atlantic Regional Fisheries Office Regional Administrator to terminate the program for the remainder of the season if vessels fishing under the exemption are discarding on average more than 10%, by weight, of their entire catch of summer flounder per trip. Under the new tiered monitoring approach, the discard trigger will be increased to 25%, and once the trigger is reached, a more detailed review of discards will be conducted to determine whether the exemption should be rescinded. The intent of this review is to allow for a more comprehensive consideration of the drivers of, and appropriate response to, discards.

Finally, the Board and Council approved a revised definition of the term “flynet” as it relates to the flynet exemption from the summer flounder commercial minimum mesh size requirements. The revised definition encompasses similar high-rise net types which have very large mesh in the wings, with mesh size decreasing through the body of the net. These nets are not designed to catch flatfish and generally catch small amounts of summer flounder.

Addendum XXXV, including the map showing the approved boundaries, will be posted at https://asmfc.org/species/summer-flounder under Management Plans and FMP Reviews once the map is finalized. Updates on the Council’s framework will be posted at https://www.mafmc.org/actions/summer-flounder-commercial-mesh-exemptions.

For more information, please contact either Chelsea Tuohy, ASMFC Fishery Management Plan Coordinator at ctuohy@asmfc.org or Kiley Dancy, Mid-Atlantic Fishery Management Council, at kdancy@mafmc.org.

Fact Sheet: Black Sea Bass 2025 Specifications

Fact Sheet: Black Sea Bass 2025 Specifications

Overview

• The black sea bass fishery is jointly managed by the Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission).

• The Council develops recommendations for fisheries in federal waters, while the Commission establishes management measures for state waters. Measures adopted by the Commission are final, while the Council’s recommendations must be reviewed and, if approved, implemented by NOAA Fisheries

• Each year, the Council and Commission work together to develop coastwide specifications (i.e., total allowable catch and harvest levels) with the goal of aligning the management approach for state and federal waters.

• At their August 2024 meeting, the Council and the Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board (Board) were unable to reach agreement on black sea bass specifications for 2025. The Board voted to leave the 2025 specifications the same as 2024, while the Council adopted specifications associated with a 20% reduction in the acceptable biological catch limit (ABC), consistent with the advice of its Scientific and Statistical Committee (SSC).

• In October 2024, NOAA Fisheries published a proposed rule to implement 2025 black sea bass specifications consistent with those adopted by the Commission. If implemented, these specifications would exceed the ABC recommended by the Council and its SSC.

Why did the Council and Commission adopt different specifications?

• The Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires the Council’s SSC to provide scientific advice for fishery management decisions, including recommendations for ABCs, prevention of overfishing, and achieving maximum sustainable yield.

• The Council’s SSC recommended a 20% reduction in the ABC for 2025 based on the results of the 2024 Black Sea Bass Management Track Stock Assessment.

• During their August 2024 meeting, the Council and Board discussed uncertainty about the projection methodology as well as concern about the potential socio-economic impacts of a 20% decrease in the ABC.

• The Council is bound by the MSA requirement to set catch limits which do not exceed the recommendations of its SSC. However, the Commission is not bound by the MSA. Therefore, the Board voted to suspend the typical joint management process for the 2025 black sea bass specifications, allowing them to adopt different catch and landings limits than the Council. The Board then voted to maintain status quo catch and landing limits for 2025. The Council considered also adopting status quo specifications; however, as this would violate the MSA, the Council ultimately agreed to set the 2025 specifications based on the SSC’s recommended 2025 ABC.

How can NOAA Fisheries implement ABCs that exceed the SSC’s recommendations?

• The MSA requires the Council to set catch limits that do not exceed the ABCs recommended by the SSC. However, that restriction applies only to the Councils, and NOAA Fisheries is able to set an ABC higher than the SSC recommendation in some circumstances.

• Regulations at 50 CFR 648.143(e) allow the NOAA Fisheries Regional Administrator to take administrative action to address disconnects between Council and Board actions “to achieve alignment through consistent state and Federal measures such that no differential effects occur to Federal permit holders.”

• As rationale for not implementing the specifications recommended by the Council, NOAA Fisheries notes in the proposed rule that divergent state and Federal quotas "would likely have significant negative socioeconomic impacts on Federal black sea bass permit holders." The proposed rule also notes that the black sea bass stock "is well above the FMP's definition of the biomass capable of producing maximum sustainable yield." 

Why would a 20% reduction in catch limits be needed for an abundant stock?

• The 2024 Black Sea Bass Management Track Stock Assessment found that the black sea bass stock was not overfished and overfishing was not occurring in 2023. Spawning stock biomass in 2023 was estimated at about 2.19 times the target level, and fishing mortality was estimated to be 23% below the threshold level that defines overfishing.

• However, projections predicted a sharp decline in biomass in the future. Based on this information, the Council’s SSC recommended an ABC of 13.29 million pounds for 2025. This represents a 20% decrease compared to 2024.

• The Council and Board questioned the projected decline in future biomass as this is not consistent with the generally increasing trend in biomass seen over the past several years. They also noted that projections based on the previous assessment model for several prior specifications cycles repeatedly predicted similarly sharp declines in biomass which were not realized.

What does this mean for 2025 recreational measures?

• The Council and Board will decide on the approach for 2025 recreational bag, size, and season limits during their December 2024 meeting. Their decision will be informed by Monitoring Committee and Advisory Panel input, recent fishery information, the requirements of the Fishery Management Plan, and other information as appropriate.

What does this mean for specifications after 2026?

• The management track assessment will be updated next year, with plans already underway to thoroughly evaluate the projection methodology and make revisions as appropriate. These updates will be used to inform the 2026-2027 catch and landings limits.

Proposed 2025 Specifications for the Summer Flounder, Scup, Black Sea Bass, and Bluefish Fisheries

NOAA Fisheries is proposing the Mid-Atlantic Fishery Management Council’s recommended 2025 summer flounder, scup, and bluefish specifications. These specifications are consistent with those adopted by the Atlantic States Marine Fisheries Commission (Commission). The proposed catch limits are based on the results of recently conducted stock assessments for summer flounder, scup, and bluefish, and the recommendations of the Council’s Scientific and Statistical Committee for all three species. The proposed 2025 specifications for black sea bass consistent with those adopted by the Commission.

Comments must be received on or before October 31, 2024.

• Read the proposed rule

August 2024 Council Meeting Summary

Council Meeting Summary