Commentary: CLF Petition to halt overfishing of cod

Commentary by Barry Gibson, New England Regional Director

Conservation Law Foundation Petitions NMFS to End Atlantic Cod Overfishing

The Boston-based Conservation Law Foundation has delivered an 88-page petition to the National Marine Fisheries Service “to compel NMFS to end overfishing of Atlantic cod and rebuild the two stocks (Gulf of Maine and Georges Bank) in this fishery in as short a time as possible as required by the Magnuson-Stevens Act (MSA).” CLF asserts that the MSA mandates, which include cod, are being violated in New England. The petition calls for the following measures to be implemented: er coverage for all commercial groundfishing trips. reational cod fishing. spawning locations and areas of favorable habitat for juvenile and adult cod. range of Atlantic cod to reduce incidental catches. incidental catch of cod in the recreational fishery. The petition, however, has spurred a number of questions and concerns. One of the key issues is that the remedies are based on a two-cod-stock structure theory, and will we continue to use this structure for future management? And can it be scientifically supported? Does it make more sense, at this point and what we know now, to go with a one, two, or three-stock structure? There is thought that rebuilding with the two-stock model, which has been around for many years and may now be obsolete, won’t support a successful rebuilding program under current conditions.

A mandate that there be 100% at-sea observ

A prohibition on directed commercial and rec

Area closures to protect all identified cod

Use of modified fishing gear throughout the

Additional measures to reduce the mortality of

This issue is going to need a lot of vetting. Another concern is the lack of current stock information. Many legs of the 2020 Spring Trawl Survey were canceled, and the Fall Trawl Survey has been canceled in its entirety.

We know that the cod stock boundaries have changed over time, and this hasn’t been taken into consideration in the CLF proposal. The range of Atlantic cod has expanded in recent years, particularly south of Cape Cod and down into the Mid-Atlantic States. Why is this happening?

There are climate change and habitat questions. What is the effect of the Gulf of Maine warming faster than any other body of ocean water? Has continued trawling and dredging on Georges Bank negatively impacted the bottom to the point where it may be hampering cod spawning and/or reducing critical habitat for juvenile cod?

What about the effect of Covid -19, which has significantly reduced fishing effort and removals in the recreational and commercial fisheries?

Finally, would the CLF proposal lead to a unilateral Secretarial Amendment by NOAA rather that a plan developed by the New England Fishery Management Council (NEFMC) with full transparency and public input?

NMFS has asked the NEFMC to review the merits of the petition and provide input and guidance. The Council’s Recreational Advisory Panel, Groundfish Advisory panel, and Groundfish Committee each discussed the petition in mid-August, and have forwarded their comments to the full Council, which will likely begin initial discussions on the topic at its September meeting.

The RFA will be closely monitoring the progress of this petition and providing input to NMFS and the New England Council as appropriate. We are not convinced that that a complete moratorium on the recreational cod catch is necessary for an accelerated rebuilding schedule for the stock(s), and such a prohibition would likely be the final nail in the coffin for the already beleaguered forhire groundfish fleet ranging from Rhode Island to Maine. We will be following with the proceedings on a day-to-day basis and report back as things develop. Directed recreational fishing for, and possession of, Atlantic cod would be prohibited -- perhaps for decades -- if a petition by the Conservation Law Foundation presented to the National Marine Fisheries Service is successful and the CLF's proposed measures are ultimately implemented.