November 2010 MAINE COASTAL NEWS Page 11.


MISCELLANEOUS COMMERCIAL FISHING NEWS Commercial Fishing News


NOAA to Revise Critical Habitat for North Atlantic Right Whales NOAA’s Fisheries Service today announced that it is reviewing and revising critical habitat designations for the North Atlantic right whale and expects to propose changes in the latter half of 2011. “Critical habitat” is an area that contains physical or biological features that may require special management and that are essential to the conservation of the species. The agency designated three critical habitat areas in U.S. waters for these whales in 1994: calving grounds off Florida and Georgia and feeding grounds in Cape Cod Bay and the Great South Channel, both off Massachusetts.


In 2008, the listing of Northern right whales was changed by listing North Atlantic and North Pacific right whales as separate species under the federal Endangered Species Act.


In 2009, NOAA received a petition to enlarge existing, and designate new, critical habitat for North Atlantic right whales. NMFS received the petition while conducting an ongoing analysis and evaluation of new information available since the 1994 designation that indicates the designation should be revised.


Today’s announcement finds that the petition includes substantial scientific information indicating that a revision to the areas may be warranted. It also explains that the agency is proceeding with the petition by working on a rule to propose revisions to the critical habitat designation for this species.


NOAA Proposes Five Atlantic Sturgeon Populations for Listing as Endangered or Threatened


NOAA’s Fisheries Service has proposed that five populations of Atlantic sturgeon along the U.S. East Coast receive protection under the federal Endangered Species Act. The Gulf of Maine population is proposed for listing as threatened, and endangered status is proposed for the Chesapeake Bay, New York Bight, Carolina, and South Atlantic populations. Species listed as endangered receive the full protection of the Endangered Species Act, including a prohibition against “take,” defined to include harassing, harming, pursuing, wounding, killing, trapping, capturing, or collecting. Similar prohibitions usually extend to threatened


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species. An endangered listing offers protections designed to prevent extinction. For threatened populations, protections are focused on preventing a species from becoming endangered.


A formal status review was completed for the Atlantic sturgeon in 2007 by a team of biologists from NOAA, the U.S. Geological Survey, and the U.S. Fish and Wildlife Service. The review found that unintended catch of Atlantic sturgeon in fisheries, vessel strikes, poor water quality, dams, lack of regulatory mechanisms for protecting the fish, and dredging were the most significant threats to the fish.


Atlantic sturgeon are large, slow- growing, late-maturing, long-lived, estuary- dependent fish that live the majority of their lives in salt water, but hatch and spawn in freshwater. Historically, their range included major estuary and river systems from Labrador to Florida. Atlantic sturgeon populations are currently documented in 35 U.S. rivers and spawning is believed to occur in 20 of these. Because the marine range of an individual sturgeon can be very broad regardless of where it originated, threats along the East Coast can affect fish from any of these populations.


Historical catch records indicate that these fish were once abundant, supporting important colonial fisheries. In the late 19th century, demand grew for sturgeon caviar and the first major U.S. commercial fishery for them developed. This lasted from about 1870 until the 1950s with landings peaking in 1890. The commercial fishery collapsed in 1901 when landings were about 10 percent of the peak. Landings by fisheries targeting sturgeon declined to even less in subsequent years, persisting until a moratorium on landings was established in 1998. It is currently illegal to fish for, catch or keep Atlantic sturgeon from U.S. waters. NOAA’s Fisheries Service is accepting comments on the proposed listing through January 4, 2011. NOAA’s Fisheries Service is seeking comment particularly on abundance and distribution, viability, threats, and efforts being made to protect Atlantic sturgeon belonging to these populations. You may submit comments by any one of the methods listed to the right. The agency also plans to hold public hearings.


The lobster boat JERICHO heading into the Stonington Thoroughfare off Billing's Diesel.


Fisheries Law Enforcement Updates Announcing Fisheries Law Enforcement Complaint e-Hotline


NOAA is committed to improving its communications with its constituents and stakeholders, even if it means hearing their complaints.


Issues surrounding law


enforcement are sensitive, and fishermen may be afraid to come forward to report problems. NOAA already has a web site for the public to provide information involving current investigations or to report possible violations of law (http:// www.nmfs.noaa.gov/ole/cc.html), and an Enforcement Hotline that is operational 24 hours a day, 7 days a week (1-800-853-1964). In order to provide further protection to anyone who has information regarding enforcement improprieties by NOAA’s Office of Law Enforcement or enforcement attorneys, NOAA will establish another hotline – this one specifically to report unfair or overzealous enforcement actions or other breaches of conduct by NOAA enforcement agents or attorneys. This Enforcement Complaint e-Hotline will be a link on the NOAA homepage that will allow stakeholders to report any issues to NOAA management through a specific email address (OLE.ComplaintHotline@noaa.gov) that will go directly to NOAA Headquarters. Any complaints received will be reviewed at Headquarters and, as necessary, investigated further. This should provide fishermen and other members of the regulated community a mechanism for raising issues about NOAA law enforcement without fear of reprisal. NOAA will evaluate the effectiveness of the Enforcement Complaint Hotline after one year to ensure that it is providing an appropriate outlet for enforcement complaints. If it is not working, NOAA will take additional actions to ensure that if the


regulated community has issues with NOAA enforcement, they will be heard.


NOAA Proposed Policy on Prohibited and Authorized Uses of the Asset Forfeiture Fund


The Magnuson-Stevens Fishery Conservation and Management Act authorizes the Secretary of Commerce through NOAA to pay certain enforcement related costs from sums received as fines, penalties, and forfeitures of property for violations of any marine resource law enforced by the Secretary. Fines, penalties, and forfeitures of property received by NOAA are deposited in an enforcement asset forfeiture fund. The Secretary is proposing a new policy to clearly articulate prohibited and authorized uses of these funds to ensure no conflict of interest- either real or perceived - associated with its use while continuing to promote a sound enforcement program dedicated to conserving and protecting our nation’s marine resources. The Secretary requests comments from the public on listed prohibited and authorized uses of the funding and, in particular, expenditures for activities that would promote compliance with regulations promulgated by NOAA.


Secretary Locke to Appoint Special Master to Review NOAA Law Enforcement Cases, Restricts Use of the Asset Forfeiture Fund


U.S. Commerce Secretary Locke announced sweeping reforms to increase accountability and transparency and strengthen the public’s trust in NOAA’s Office of Law Enforcement and the General Counsel for Enforcement and Litigation. Locke, invoking his authority under the Magnuson-Stevens Act, announced he will


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