Making Waves Spring Edition 2022 by Recreational Fishing Alliance

THE OFFICAL MAGAZINE OF THE RECREATIONAL FISHING ALLIANCE

MAKING WAVES SPRING EDITION 2022

LOOKING FORWARD

INSIGHT

WHAT’S NEXT FOR THE RFA STRIPED BASS AND SATELLITES OFFSHORE WIND LAWSUIT

MAKING WAVES SPRING EDITION 2022

INSIDE THIS ISSUE

WHAT’S NEXT FOR THE RFA

STRIPED BASS AND SATELLITES

MANHATTAN CUP

COD ‘SUPERGENES’ EVOLVING DUE TO OVERFISHING

FISHY SCIENCE

RECREATIONAL MEASURES FOR GULF OF MAINE COD

NEW RECREATIONAL MACKEREL RESTRICTIONS

RFA NEWS BRIEFS

OFFSHORE WIND LAWSUIT

FISHERMEN’S LAWSUIT AGAINST VINEYARD WIND

THE OLDEST LIVING AQUARIUM FISH

LOUISIANA FOR GULF’S FIRST TURBINES

INADEQUATE PROPOSAL TO PROTECT FRAGILE COAST FROM POGIE BOATS

FROM THE PUBLISHER’S DESK

BY GARY CAPUTI

Welcome to another issue of Making Waves, the RFA’s official news magazine. You’ve probably noticed that starting with this issue the publication has a whole new look and vibe, one that we hope will offer a more reader friendly environment. After running with the same format for the last few years, it was time to give it a fresher, bolder appearance. What won’t change is the information it conveys to RFA members and all the non-members who have signed on to receive each quarterly issue. In this issue you’ll find an interesting original feature on satellite tagging of striped bass written by the executive director of Gray FishTag Research, Roxanne Willmer. The RFA has been involved with the organization since its inception. It is an outgrowth of Gray Taxidermy, the largest gamefish taxidermy company in the world. Using their relationships with professional captains all over the world to kickstart the program it has really taken off and you can get involved with their efforts as a volunteer tagger. The article focuses on the use of archival satellite tags to track the migrations of mature striped bass, something that had never been tried before. That means much of what we know about the striper’s seasonal movements had been guesswork and conjecture, but not anymore. You can see the day-to-day movements of several individual stripers tagged with donations generated through the FTC Manhattan Cup Striped Bass Tournament. Speaking of the Manhattan Cup, an all-release striped bass tournament hosted by the RFA’s Fisheries Conservation Trust, it is scheduled for June 3, 2022 and will again be held out of Liberty Landing Marina and the Liberty House Restaurant in Jersey City, NJ. A big part of the event are the dozens of transitioning combat veterans who fish it as guests of the tournament. You can learn more about how to enter, sponsor vets or be a corporate sponsor inside this issue. There’s plenty of news, regulatory updates and more inside, plus ads by our corporate sponsors. We hope you enjoy the new look.

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RFA LOOKS FORWARD TO THE NEXT 25 YEARS You may have noticed some changes at the Recreational Fishing Alliance. Executive Director, Jim Donofrio retired from the fight at the end of 2021 after steering the ship for 25 years from its beginning in 1996. John DePersenaire, former RFA Fisheries Policy & Science Researcher, will serve as interim ED as we conduct a nationwide search to find the captain who will take the helm leading the RFA into its next 25. To celebrate this milestone, we’ve refreshed our brand. We’ve created a new logo, a new website, and our quarterly magazine Making Waves is also getting a makeover. But most importantly, we are re-doubling our efforts to protect your freedom to fish. For over 25 years, thanks to your donations, RFA’s fulltime staff, and local volunteers have waged war in the political trenches, lobbying and educating policymakers to ensure that the interests of saltwater anglers, business owners, and marine resources are being heard. To make us stronger for the next 25 years, we’ve hired a team of top lobbyists to move our agenda forward at the state and national levels.

RFA POLICY PRIORITIES

• Minimize the Effects of Offshore Wind Farms on Fish Species & Habitat • 3030 Initiative: Safeguard Public Access in the Effort to Conserve 30% of U.S. Lands and Waters by 2030 • Promote Recreational Fishing in Magnuson-Stevens Act Reauthorization • Fight for Summer Flounder, Scup, Black Sea Bass, Red Snapper & Mahi Mahi Allocation • Safeguard the Availability of Marlin to Anglers in US Waters

• Increase Recreational Representation on Fishery Management Councils And because we believe that we are stronger together, we’ve just made our membership FREE to everyone in our saltwater fishing community. Now more than ever, our community needs to stand together and make our voice heard! Click below to activate your free membership so we can continue to fight efforts by bureaucrats and Beltway insiders who are attempting to wrest control of our oceans away from anglers like you! There is strength in numbers! Join or renew today and be heard!

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STRIPED BASS AND SATELLITES

Roxanne Willmer, Gray FishTag Research

Editor’s Note: The Fisheries Conservation Trust is overseen by the Recreational Fishing Alliance. It underwrites two highly regarded fishing tournaments—the Buccaneer Cup Sailfish Tournament, now in its 59th year and the Manhattan Cup Striped Bass Tournament which celebrates its 21st year this coming June—as fundraising instruments but also because they promote conservation. Several years ago, the FTC was made aware of the Gray FishTag Research (GFR) program and started working with the fledgling organization. More recently funds from the Manhattan Cup have been donated to Gray to help further a unique program that involves tagging mature striped bass from both the Hudson and Chesapeake stocks with archival satellite trackers in an effort to learn more about their migratory habits. The early results have shocked the scientific community. The following article, written by Roxanne Willmer, the head of GFR, explains more about the program and also includes tracking data from some of the fish the RFA/FTC donations have helped implant with these expensive electronic tags. We hope you’ll enjoy learning more about them and the program. Gray FishTag Research’s (GFR) groundbreaking Northeast Striped Bass research efforts began in 2019. On May 21, 2019, our GFR team in conjunction with The Fisherman Magazine and Navionics traveled to New York City to catch, satellite tag and release two qualifying candidates to carry the Wildlife Computers MiniPAT pop-off satellite tags. The first fish was a 34-inch Striped Bass named “Liberty” and the second Striped Bass tagged was named “Freedom”. With the astonishing results from the data collected in 2019, interest and financial contributions of many additional sponsors were received which allowed us to continue and expand our research studies. The 2020 Northeastern Striped Bass study looked different than originally planned. The Covid 19 pandemic hit New York and New Jersey with great force and our original planned expedition study scheduled for May 18th, 2020, was in jeopardy as waterways and charter boats were in mandatory closure. However, realizing the importance of the annual migration period and the desire to build on the remarkable results from last year, our study partners and GFR advisory board members, Mike Caruso, and Jim Hutchinson with The Fisherman Magazine, acted.

On May 28, 2020, offshore Sandy Hook, New Jersey, a healthy 46-1/2-inch candidate named “Rona” was tagged and released. On June 3, 2020, offshore Sea Bright, New Jersey a 45-3/4-inch candidate named “Cora” was the second tag deployed. On July 3, 2020, offshore Montauk, New York, “Independence” measuring 46-1/2 inches offshore was successfully tagged. After months of planning and communications with our sponsors and captains, we landed in New Jersey with great anticipation to continue our research efforts for 2021. continued on page 6

Article Photo: This fish was tagged a couple weeks after the 20th Manhattan Cup in June of 2021 and made its way well offshore to the Hudson Canyon area and then north traveling a good thousand plus miles in the span of just a few months before the tag released and floated in to shore.

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On May 24, 2021, we returned and conducted our largest to date research expedition. We had six boats and six teams. We were in the company of captains: Fletcher Chayes, David Glassberg, Hans Kaspersetz, Chuck Many, Howard Owens and Frank “Wags” Wagenhoffer as well as study partners: Mike Caruso and Jim Hutchinson with the Fisherman Magazine, Gerry Benedicto with Seaguar, Shawn Carpenter with AFW, Craig Cantelmo with Van Stall, John Depersenaire with the RFA, Jerry Gomber with Folsom Group, Chris Scanzillo with Caterpillar, Fred Hass with Tackle Direct, Stu Webber, Cindy Parra with FScale, Andree Sanquini with Travelzoo, Tom Wilbert with Coca-Cola and John Tiedemann, Dean of Science, from Monmouth University. Navionics continued their financial support however were not able to attend.

Hail Mary Chart: This is the route Hail Mary took after being presented with her satellite jewelry. Quite a distance and very far offshore for a fish considered to be a coastal migratory species.

The teams met at Bahr’s Landing in Highlands, New Jersey. It was going to be a day filled with industry leaders fishing with other great industry leaders all in the name of science. Offshore Sandy Hook, New Jersey, Team Fin-Chaser with Captain Frank Wagenhoffer tagged a qualifying candidate to carrying one of the two satellite tags. The tag was deployed in a 42-inch post spawn Striped Bass named “Navionics” Offshore Sandy Hook, New Jersey, Team Tyman with Captain Chuck Many deployed the second satellite tag on a 44-inch post spawn candidate named “AFW” On June 17, 2021, After Plan A, B and C resulted in a few smaller fish caught but not qualifying candidates to carry the third satellite tag of 2021. GFR advisory board member, Jim Hutchison and GFR contributor, Chuck Many were able to successful deploy the third satellite tag of 2021 in a 44-inch Striped Bass named “Hail Mary” On June 30, 2021, south of the Montauk Lighthouse at Cartwright Bank with Alan Steiger with Steiger Craft Boats a 44-inch Striped Bass named “Seaguar” was tagged, and the next satellite tag was deployed in our 48-inch candidate named “PENN”

Penn and Seaguar charts: These are the travels of the first two bass to receive satellite tags off Montauk, New York. They were tagged aboard RFA member and official artist, Capt. Savio Mizzi’s light tackle charter boat last June.

With the financial support of our sponsors and contributors we are always looking for more ways to gain knowledge on this popular species and expand our research efforts to collect data. On November 2, 2021, offshore Sandy Hook, New Jersey we deployed our first fall run satellite tag. This tag was affectionately named “Uncle Fred” in remembrance of Fred Garofalo with The Fisherman Magazine. On December 13, 2021, thanks to Chuck Many we expanded our study into Virginia. Chuck deployed our first Virginia stock satellite tag, we named “Recreational Fishing Alliance- RFA.” This tag was successfully deployed on a 47-inch female Striped Bass in Chesapeake Bay just offshore Cape Charles, Virginia. These highly technical satellite tags have three sensors that collect data: 1. Tracking Data: Light-based Geolocation 2. Diving Behavior: Time-at-Depth Histograms 3. Temperature Profiles: Profile of Depth and Temperature

2020 Sat Tag: Chuck Manny, owner of the boat Tyman, has become heavily involved with the program paying for several satellite tags and deploying over a hundred Gray FishTag spaghetti tags in the bass he catches.

In all fish telemetry, there is always margin for error which we consider to be minimal in this study due to the fact we physically recaptured seven of the eleven tags deployed. Having the physical tag allows us to gather and download the full data set collected during deployment. We must always remember that fish in the ocean or wild never swim in a straight line and the graphs shown are averages based upon light sensors, temperature, and depth information.

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Right Photo: Bill Sisson, editor of Anglers Journal magazine, was along with Chuck Many this past January for the tagging of this 47” bass, the first tagged in Chesapeake Bay. The fish carries the name RFA in honor of the donations made from the Manhattan Cup to the tagging program.

continued from page 6 This type of research work comes with great risk, expense, and at times disappointment if the tag does not perform as we all expected. It is a great reminder that to expand our program and research efforts we need to get others involved with their financial support to be able to conduct larger deployments again later this year. As this study gains more and more interest, Gray FishTag Research will continue to look for opportunities to gather additional data collection, partner and build relationships with other industry leaders and share the amazing results with the public for FREE. The Northeast Striped Bass study has truly been remarkable with so many eager for more data. This study is a true collaboration with our sponsors and contributors and is only possible due to their generosity. Thank you, Navionics, The Fisherman Magazine, American Fishing WireAFW, Fisheries Conservation Trust through the RFA, Seaguar, Simrad, Southernmost Apparel, Many and Glassberg families, Berkeley Striper Club and Hudson River Fishermen’s Association. This study is truly astonishing, and we are so privileged to be in the forefront of such intriguing work. If you are eager for more data and would like to contribute to our ongoing Striped Bass research efforts, you can do so by calling Roxanne Willmer at 844-824-8353 or email her at Roxanne@ grayfishtag.org. All contributions are tax deductible. Details of some of the earliest MiniPat tagged striped bass and the start of a real scientific adventure.

2019 Tags LIBERTY- date deployed 5/21/2019 date transmitted 7/9/2019 • Hudson River, New York • 7 weeks deployed (49 days) • Released offshore Massachusetts • Physical tag located Sagamore Beach, Cape Canal, Massachusetts FREEDOM- date deployed 5/21/2019 date transmitted 10/18/2019 • Hudson River, New York • Full programmed duration time 5 months • Released offshore Asbury Park, New Jersey • Physical tag located Deal, New Jersey

2020 Tags RONA- date deployed 5/28/2020 date transmitted 8/21/2020 • Sandy Hook, New Jersey • 12 weeks deployed (85 days) • Released Long Island, New York (North of Fire Island) CORA- date deployed 6/3/2020 date transmitted 8/2/2020 • Sea Bright, New Jersey • 8 weeks deployed (60 days) • Released Massachusetts INDEPENDENCE- deployed 7/3/2020 date transmitted 11/2/2020 • Montauk, New York • Full programmed duration time 4 months • Released Fortescue, New Jersey • Physical tag located Lewes, Delaware continued on page 8

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when one of our captains tags a fish, he is engaging four to six anglers on every half-day charter trip. We believe our model to include the charter sportfishing professional and offer tagging supplies at no cost continues to be the key to accurate data and the success of our GFR program. Gray FishTag Research (GFR) is a 501(c)(3) non-profit, all species, international tagging program. We operate thanks to donations from our research centers, sponsors, and contributors. Our program is a collaborative effort supported by GFR Sponsors, GFR Research Centers and a GFR Advisory Board consisting of industry leaders. We recognize that fisheries managers are eager for relevant and accurate data to support their decisions in making smart policies to support sustainability to our fisheries. They are working with the best available science and many tagging programs lack the ability or the overall desire to share their data, studies, and conclusions to support these regulations. Gray FishTag Research has relationships with over 10,000 captains and mates around the world. In 2015, GFR realized the value of bringing together those relationships to gain real time data and began the research efforts of our program. Since the start of our program, we have been able to train, engage and educate thousands of captains. The GFR program is committed to offering tagging supplies to charter boat captains at NO Cost and to share the data we collect from our tag cards and satellite tag studies to the public for FREE. Conservation first starts with awareness. The GFR tagging model is like no other. When we place tagging supplies in the hands of charter captains, we are not only creating data, but we are also creating awareness to thousands of anglers yearly around the world. Daily, our captains engage their anglers in responsible fish tagging and the reporting while introducing our youth, sometimes for the very first time, to the benefits of catch and release.

Our program does not charge a membership fee and we strive to be fun and interactive. By introducing anglers to the world of fish tagging and tracking, we believe we bring added excitement to fishing while educating anglers. Our tagging model allows the angler to “Name Your Fish” and our website displays each angler’s name and the fish they tagged on our daily Live Tag Feed website page. Each year, thousands of GFR green spaghetti tags are distributed for deployment on all species of fish. Our program is breaking records. In 2021, GFR tagged over 58 species of fish and had a recapture rate almost twice the average rate. The Striped Bass species was our “Top Tagged Species in 2021” In addition to our GFR tagging research efforts, we conduct satellite tag studies on Blue Marlin, Roosterfish, Striped Bass, Striped Marlin and Swordfish and we also share those conclusions to the public for FREE. Our program was the first ever to conduct long term deployment satellite tag studies on Striped Bass and Roosterfish with groundbreaking results. The goal of these studies and our work is to gain a greater understanding of the migration and behavior pattern of these well sought-after species.

In the private boat tagging model, the boat owner will tag a fish and record that data with only him and his crew being a part of the experience. However,

Left Photo: Chuck Manny, owner of the boat Tyman, has become heavily involved with the program paying for several satellite tags and deploying over a hundred Gray FishTag spaghetti tags in the bass he catches.

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GET READY FOR THE 21ST MANHATTAN CUP Gary Caputi

The Manhattan Cup Charity Striped Bass Tournament is scheduled for June 3, 2022 at Liberty Landing Marina and the Liberty House Restaurant in Jersey City, NJ. You can help support transitioning combat veterans and striped bass conservation by entering to fish in any of the numerous categories or by making a tax-deductible charitable donation to sponsor taking vets fishing. It is great fun at a time when the area surrounding New York City is alive with striped bass, making it an event you don’t want to miss. The Manhattan Cup is an all-release tournament that encourages tagging. Winning fish are determined by a simple length/girth measurement with photo verification to insure maximum survivability. Certified measuring devices and tag kits will be provided, and a portion of the revenue generated is dedicated to a special tagging program that implants Gray FishTag Research satellite tags in mature striped bass. The data collected through this program has been remarkable and is helping to expanded scientific knowledge of these amazing animals. Since Gray became involved in the tournament more striped bass are carrying their standard tags than any other gamefish.

The Manhattan Cup brings combat veterans to fish the tournament in a special Warrior Division aboard boats donated by area charter captains, light-tackle guides, and anglers. Most are dealing with invisible wounds such as PTSD and an introduction to fishing has helped many with the difficult transition to life after combat. We honor their service and sacrifice and welcome them into the brotherhood of anglers. The Manhattan Cup is a first-class event that includes a pre-fishing breakfast at the captain/angler meeting, box lunches, and an awards dinner/BBQ held in the shadow of the Freedom Tower at the Liberty House Restaurant. We also invite celebrity guest anglers including the NFL’s Clark Harris just off his Superbowl appearance, and Astronaut Bruce Melnick, three-time shuttle pilot and the first man to complete an untethered space walk. The Cup will again honor FDNY hero and warrior aviator MSgt. Christopher J. Raguso, who lost his life on a rescue mission during Operation Inherent Resolve in Syria in 2018. There are several ways you can enter or support the event. Captains can donate their boat and services for the day by signing up on our website or by calling Capt. Frank Crescitelli. Anglers can enter as a team and fish continued on page 12

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from their own boats in the Sportsman Division. Angler teams can purchase a professional captain and boat for the day or enter as an individual and be assigned to a charter boat. Can’t fish but want to help? Then make a donation and sponsor one or more warriors. No donation is too small, all are greatly appreciated. Your company can become a tournament sponsor with a product or a cash donation by calling the tournament representatives. All donations are tax deductible. Dinner tickets will also be available for purchase to non-fishermen who want to honor these heroes and get in on the celebration, raffles, auctions and fun. Anglers can compete in any of three categories; Fly, Artificial Lure or Bait with trophies presented in each category. It starts with breakfast and a pretournament meeting at Liberty Landing Restaurant followed by a boat procession in front of the Statue of Liberty with an FDNY fireboat water cannon display leading up to a shotgun start and day of fishing for striped bass and bluefish. After fishing, enjoy the open bar and appetizers with the best view of the NYC skyline found anywhere. Following cocktails, fish tales, and networking the Awards

Dinner starts with an outdoor BBQ with steaks, seafood. Raffles and auctions commence including fishing trips donated by local guides and captains and several boats featured on Wicked Tuna, in addition to tackle, trips and more. Go to www.manhattancup.com and sign up, donate or purchase dinner tickets. If you have questions call John DePersenaire (609-576-4421), Gary Caputi (732-740-9982), Capt. Frank Crescitelli (917-468-4817) or Mike Dean (917-873-6651). The Manhattan Cup is underwritten by the Fisheries Conservation Trust. Past sponsors include Yamaha Outboards, Black Rifle Coffee, Staten Island Yacht Sales, Tsunami Awesome Tackle, Bimini Bay Outfitters, Valhalla Boatworks, Steigercraft Boats, Interlux Marine Coatings, Raymarine, Liberty Landing Marina, Suntex Marinas, D&R Boat Sales, Fin Chasers TV, The Fisherman, AFW Fishing Brands, Tony Maja Products, Princeton Tec, Costa del Mar Sunglasses, Manhattan2Montauk, Guides Secret Lures, Gray Taxidermy and other companies to be announced at a later date.

The team that won the Manhattan Cup (right to left) - Veteran Rich Ruiz (R) who caught the largest bass of the tournament and also won the Warrior Division trophy, Capt. Brian Rice of Jersey Devil Charters, Clark Harris of the NFL Bengals, Jim Hutchinson of The Fisherman and Paulie Walnuts, JD’s mate extraordinare.

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COD ‘SUPERGENES’ REVEAL

HOW THEY ARE EVOLVING IN RESPONSE TO OVERFISHING

February 15, 2022 | Tom Cameron, Senior Lecturer in Ecology, University of Essex

Cod “supergenes” have shed light on how they respond to overfishing, and these supergenes could make them more resilient to other environmental changes. That’s according to a new study published by scientists in Norway. This could be good news, in that cod have genetic architecture in place that will permit them to respond to climate change – but for now this is rather speculative.

Freshly caught cod from the North Sea. Ingrid Maasik / shutterstock

For those of us who study how fish species evolve under strong selective pressure from commercial fishing, cod has been a poster species. For instance scientists have previously found that cod in the north west Atlantic showed signs of reproducing at a smaller size or younger age before numbers collapsed. The latest study examined the current and historical genome (the complete set of genetic instructions contained in an organism’s DNA) of cod. The scientists were particularly interested in areas of highly-conserved “supergenes” and what they can tell us about these ecologically critical but heavily exploited marine predators. Supergenes are not extra individual genes as such. Rather they are combinations of genetic material that are more conserved through the generations. Often they are strongly coupled or linked and are responsible for a set of traits in an organism that are very important such as linking growth rates with reproduction capacity.

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continued from page 15 The authors found three supergenes conserved in the cod off Norwegian shores. And the three supergenes were found in different relative abundance in two distinct cod populations: inshore and offshore. This reinforces what we know about cod in the north east Atlantic and is a good thing, since if the cod were all one breeding population they would be more vulnerable to overexploitation. An interesting consequence of this research is that the scientists can combine their genomics approaches with knowledge from old stories and pictures, and records of fish bones and fishing equipment found at archeological sites, in order to reconstruct the likely population sizes of cod through history. Recent studies on several fish species have shown the true baseline of their abundance in seas around Europe is likely underappreciated. Indeed, this new analysis suggests the overexploitation of cod reduced their abundance many hundreds of years before modern commercial fishing began, and the signature of overexploitations is etched in their genome.

Cod in the north east Atlantic were in decline even before modern fishing. Sodeland et al (2022) / PNAS, CC BY-SA

How Human Predators Change Their Prey

Across lots of different species, it is now well recognised that populations are constantly changing, and this includes evolved changes to their body size, shape or traits like growth rate being observed in just a few generations with significant consequences for how population numbers fluctuate. Scientists recently updated a large data set that now compiles more than 7,000 examples of contemporary changes to biological traits in wild populations. The researchers examined whether observed trait changes such as a shift in average body size were short term and reversible, or whether they were more permanent evolved responses to some change in the local environment such as increasing temperature or an introduced predator. Their data clearly showed that the largest and fastest rates of trait change were associated with predation – for example when a predator picks off the slowest, smallest, largest or least camouflaged individuals in a wild population – leading to directional change to being smaller, larger, or faster. These rates of change were especially fast when that predator was human. Theories of human caused harvest-induced evolution are now well established, and there are many good examples where selective harvest of fish and game species has caused long term change, for example by influencing behaviour, body shape or size and growth rates to sexual maturity. I have carried out laboratory based research which has demonstrated both the probability that harvest-induced evolution can occur, but also the likely impact such permanent genetic change can have on things like population size or resulting yields. This field of study is not without controversy, but it is now generally accepted that we should take evolutionary selection pressure into account when we utilise wild animals and plants for resources. As new scientific approaches and opportunities to examine the genome of wild animals emerge, we may find more supergenes and the stories they can tell us of how organisms respond to the world they live in.

Tom Cameron has received funding from UK based Natural Environment Research Council to work on Harvest Induced Evolution.

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FISHY SCIENCE IMPLICATIONS OF THE RETRACTION OF A RECENT PAPER FOR SCIENTIFIC INTEGRITY IN THE WHITE HOUSE December 22, 2021 | Roger Pielke Jr.

Recently, the Proceedings of the National Academy of Sciences (PNAS) retracted a highly influential paper on marine protected areas and fishing due to identification of significant errors that undercut the paper’s results as well as significant irregularities in the peer review process. What makes this particular retraction of unusual interest is that the irregularities in the PNAS peer review process involve Dr. Jane Lubchenco, the White House official who is currently overseeing President Biden’s Scientific Integrity Task Force. The paper, A global network of marine protected areas for food (Cabral et al. 2020, hereafter C20), was published by PNAS in October 2020, and has been highly reported on due to its perceived policy relevance. Dr. Lubchenco served as its editor for PNAS. That means that she was responsible for overseeing the paper’s journey through the peer review process, including the selection of reviewers. We now know that Dr. Lubchenco violated PNAS guidelines for conflict of interest, and not unknowingly or in a small way. The details matter here, so I am going to explain them.

The issues in peer review of C20 at PNAS are not subtle. The authors of C20 included seven researchers who Dr. Lubchenco was collaborating with on a different paper — Sala et al. 2021 (published in Nature, hereafter S21) — that built upon the results of C20. Even though C20 was published first (26 Oct 2020 vs 17 Mar 2021), S21 was actually submitted three weeks prior to C20 (17 Dec 2019 vs. 6 Jan 2020). So at the time that Dr. Lubchenco assumed the role of editor for C20, she had just submitted a different paper with seven authors of C20 that built upon the S21 results — S21 thus depended upon the successful publication of C20. Already, this is an egregious violation of scientific integrity. It gets worse. One of Dr. Lubchenco’s co-authors on S21 who was also a co-author of S20 — the paper she was editing for PNAS — was her brother-in-law. These various conflicts were called to the attention of PNAS in April 2021 by Dr. Magnus Johnson, of the University of Hull in the UK, prompting an investigation. The PNAS guidelines are completely clear (emphasis added): A competing interest due to a personal association arises if you are asked to serve as editor or reviewer of a manuscript whose authors include a person with whom you had an association, such as a thesis advisor (or advisee), postdoctoral mentor (or mentee), or coauthor of a paper, within the last 48 months. When such a competing interest arises, you may not serve as editor or reviewer. A competing interest due to personal association also arises if you are asked to serve as editor or reviewer of a manuscript whose authors include a person with whom you have a family relationship, such as a spouse, domestic partner, or parent–child relationship. When such a competing interest arises, you may not serve as editor or reviewer. While Dr. Lubchenco should not have edited C20, to be completely fair to her,

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the “competing interest due to a personal association” guideline does not appear to be much enforced by PNAS. I was able to quickly identify multiple violations of this guideline via a simple search — here are one, two, three examples — the third of which also involves Dr. Lubchenco as editor. If PNAS retracts papers that violate its competing interests guidelines, they will no doubt find a rather large set of papers.

So we have quite a mess here. Going forward, here are some recommendations:

There is more to the story. On November 17, 2020 Dr. Lubchenco testified before the House Natural Resources Committee, in support of Congressional legislation to establish protected areas in marine ecosystems, relying on C20. She did not disclose that she had shepherded the paper through peer review, nor did she disclose that she was a collaborator in the research. The unavoidable impression that this sequence of events gives is the creation of “policybased evidence” — that is, evidence that is created for the explicit purpose of supporting particular policy or political outcomes, like the passing of legislation.

PNAS properly retracted C20, but the journal should also do a comprehensive audit to assess the extent of other violations of its conflict of interest guidelines. A cursory look suggests that such violations are not uncommon.

The impression of “policy-based evidence” is further supported by the fact that the failures of the peer review process in this instance are not just procedural, they are substantive as well. It turns out that the science of C20 is also fatally flawed. In an excellent and comprehensive post, Max Mossler goes into detail on the errors of C20, how they were identified, and how they also call into question the validity of S21 — which has also received an incredible amount of media and policy attention. Here I’ll just report his excellent bottom line:

This episode provides good news and bad news. The good news is that it underscores that science is indeed self-correcting, even if that process takes a while. In the long run, better science defeats bad science. The bad news is that in the short term, leadership and institutions failed. This episode of fishy science is not over yet — PNAS, Nature and the White House still have important roles to play in ensuring scientific integrity. Watch this space.

Nature should immediately evaluate S21 for retraction, as it is based on C20, which is now retracted. It is difficult to see how S21 can stand unretracted.

Given Dr. Lubchenco’s significant violations of PNAS policies to publish flawed research, and then using that flawed research to advocate for policy, the White House should reconsider her leadership role in its Scientific Integrity Task Force. Otherwise, it would be fair to ask if scientific integrity guidelines are optional, depending on your politics.

Regardless of any conflict of interest, the science in both Cabral et al. and Sala et al. is critically flawed, but being used to advocate for public policy. Both follow a recent trend of publishing predictions that use a limited set of assumptions (in a very uncertain world) to produce global maps that get published in high-profile journals and garner considerable media and political attention. Computer models are essential tools for science and management, but the accuracy of their predictions depends on both the quality of the data and the assumptions they are based on. Often, a problem is so complex that several assumptions may be equally plausible; readers need to be made aware when different assumptions lead to vastly different outcomes. The Cabral et al. and Sala et al. papers disregard uncertainty in favor of set values for their model parameters. They don’t account for the enormous uncertainty in these parameters and don’t provide strong evidence that their choice of values was correct. The assumptions and parameters produce big headlines, but are fundamentally unhelpful for the future of ocean governance and sustainability. We expect policy-makers and resource managers to make decisions based on the best available science. Inconsistent and unrealistic assumptions are not that. And if all of that is not bad enough, it still gets worse. S21 reports (inaccurately) that its projections are based on the IPCC SRES A2 scenario — which for anyone who knows anything about climate scenarios, would have been an incredibly odd choice, not least because that scenario is more than 20 years old and rarely (if ever) used in research today. It turns out (if you dig deep enough) that C20 and S21 are in fact not based on the IPCC SRES A2 scenario, but instead on the implausible RCP8.5. That the authors don’t know the difference between A2 and RCP8.5 is itself problematic. That RCP8.5 is being used to generate predictions for use in marine/fisheries policy is even more problematic.

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NEW ENGLAND FISHERY MANAGEMENT COUNCIL RECOMMENDS RECREATIONAL MEASURES FOR GULF OF MAINE COD The New England Fishery Management Council met February 1-3, 2022 by webinar and devoted the third day of the meeting to groundfish issues. The Council developed recommendations on recreational fishing measures for Gulf of Maine cod and haddock for the 2022 fishing year for consideration by the Greater Atlantic Regional Fisheries Offfice (GARFO) of NOAA Fisheries, which consults with the Council but is responsible for setting the measures. The Council annually develops recommendations for recreational for cod and haddock. These measures, which take the form of bag limits, seasons, and minimum fish sizes are proactive accountability measures (AMs) that are intended to allow the recreational fishery to “achieve but not exceed” the sub-annual catch limits (sub-ACLs) for these stocks. GARFO considers the Council’s recommendations but has the final say in determining and implementing the measures. For the 2022 groundfish fishing year, which begins on May 1, the Council recommended the following: GULF OF MAINE COD: Open Season: September 1 to October 7, 2022, and April 1-14 for all modes (private, party, charter) Bag Limit: One fish per day per person Minimum Size: 22 inches GULF OF MAINE HADDOCK: Open Season: May 1, 2022 through February 28/29, 2023, and April 1-30, 2023, leaving only March 2023 closed to recreational fishing for this stock. Bag Limit: 20 fish per day per person. Minimum Size: 17 inches. The Council’s recommendations include (1) and expanded fall season for cod over the 2021 fishing year; (2) an increase in the minimum size from 21” to 22”; and (3) a bag limit increase for haddock from the current 15 fish to 20 fish. Based on recommendations form its Groundfish Committee, the Council initially discussed a 22” to 28” slot limit for Gulf of Maine cod. However, the Council concluded that a single 22” minimum size better balanced the risk of exceeding the cod sub-ACL while allowing recreational fishermen to achieve the sub-ACL for haddock. The recreational fishery has not exceeded or achieved its sub-ACL for either Gulf of Maine cod or Gulf of Maine haddock for the past three fishing years.

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NEW RECREATIONAL MACKEREL RESTRICTIONS POSSIBLE The most recent assessment of the Atlantic mackerel stock indicates that serious cutbacks in catches will likely be required, but there are a lot of questions that fishermen want answered before any restrictions take place. In June of 2021, the National Marine Fisheries Service (NMFS) released what they now call a “Management Track Survey” of Atlantic mackerel along the East Coast of the U.S. The survey was designed to create a snapshot of the size and health of the current mackerel stock, and show trends over the past few years. Unfortunately, according to the survey, the news is not good. The stock has apparently been overfished for the past eight years. Although the mackerel stock tripled between 2014 and 2019, it is said to be only 24% of the target biomass of some 180,000 metric tons. The Mid-Atlantic Fishery Management Council (MAFMC), which is responsible for Atlantic mackerel management throughout the species’ range, is tasked with creating a rebuilding plan. The MAFMC, held two informational public webinars in January to explain the problem and to solicit input from fishermen and others. According to MAFAC, a 70% reduction in commercial landings and a staggering 50% reduction in recreational landings will be needed in order to rebuild the mackerel stock within 10 years.

Fishermen Blindsided

Needless to say, fishermen from Massachusetts through Maine were blindsided by the news. Over 150 tuna, striper, and mackerel fishermen, as well as members of the party and charter fleet, participated in the webinars. Their main issue was that the survey results do not match what is being seen out on the water. There were plenty of mackerel along the New England coast in 2021 (and especially here in Maine), and there have been for the past few years, so everyone was mystified as to how the survey could indicate there was a serious problem. The MAFMC staffer who conducted the webinar agreed that there were plenty of mackerel right along the coast, but explained that in offshore areas the survey ships did not encounter very many mackerel where they had found them during previous surveys, nor did they find the amount of eggs and larvae they had in the past.

Flawed Survey Methods?

That triggered a lot of speculation that perhaps the offshore mackerel stock may have moved north or east due to the warming of Gulf of Maine waters over the past few years, as has happened with other species. Some fishermen questioned the timing of the survey samplings, saying that if they had been performed during other months the results may have been different. In general, most of the fishermen on the webinar stated that they believed the survey methods, timing, and areas sampled were

questionable, and that the data appeared flawed given the amounts of mackerel that have been observed on the water. The new management plan process will take some time, but if MAFMC’s plan ultimately calls for a 50% reduction in recreationally-caught mackerel – and the plan is ultimately approved and implemented by NMFS -- recreational mackerel fishermen along the New England coast may be faced with a two- or threemonth “mackerel season,” say May and/or June and July. After that, possession of mackerel would be prohibited. And that would mean no use of mackerel as bait for stripers and tuna.

Other Restrictions Considered

A bag limit is also possible, but there is so little data on how many mackerel people normally catch in a day that establishing a 50% reduction may be next to impossible. Finally, the survey found that there were fewer large mackerel in the stock makeup than there should be, so perhaps a minimum size might be a possibility. However, MAFAC has assumed a 100% release mortality for recreationally caught mackerel, meaning that every mackerel caught and released theoretically ends up dying. This assumption defies logic as well as most fishermen’s observations. But if it’s believed to be true, how would releasing loads of undersized mackerel in order to retain a big “keeper” help rebuild the stock if all the small ones die? So, a minimum size probably wouldn’t help. Right now there are far more questions than answers about the survey and the upcoming management plan. It appears that any new regulations won’t be implemented until January of 2023, but that will come up fast. I plan to continue to participate in the management process as the New England Regional Director for the Recreational Fishing Alliance and as a Maine charter captain for the past 51 years, and will provide updates in Making Waves as things move forward. --Capt. Barry Gibson, New England Regional Director, RFA

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RFA NEWS BRIEFS 2021 Striped Bass Spawning Survey Results Out Each year, New York, Maryland, and Virginia conduct what’s known as Young of the Year Surveys, or YOYs. The surveys tracks the annual reproductive success of striped bass in Chesapeake Bay and in the Hudson River. The surveys provide a current snapshot of spawning success as well as trends in striper population over the years. Researchers use 100-foot long, hand-hauled seine nets at multiple sample sites in the Bay and Hudson River and the watersheds that feed them. The number of juvenile, young-of-the-year stripers, which range from about 1.5” to 4” in length that are collected at each site are averaged out, which provides the index number. In the Hudson survey, although the actual 2021 index number has not been released as of this writing, preliminary analysis places it just a tad under the average of 18.4 juveniles from 2015 to 2021 (statistically the same), and a little higher than the 15.7 average between 2008 and 2014. Given that the 2020 survey was the fourth highest (36.4) in the past 37 years, it would seem that Hudson striper are doing reasonably well.

No More Makos The International Commission for the Conservation of Atlantic Tunas (ICCAT), the multi-country group than manages tunas, billfish, swordfish, and some species of sharks, has concluded that the North Atlantic shortfin mako shark population is overfished. Therefore, ICCAT has called for a two-year ban on the retention of makos along the U.S. East Coast starting in 2022. A number of U.S. ICCAT delegates opposed the closure, citing improved U.S. mako conservation efforts in the past several years such as high minimum sizes and circle hook requirements, but were unsuccessful in preventing the ban. Many feel that bycatch (particularly unreported bycatch) of makos, by commercial fleets from other countries is doing the most damage, while U.S. recreational fishermen have been heavily regulated and are bearing more than their fair share of mako conservation measures. Bottom line is that all makos caught recreationally will have to be released unharmed this year and through 2023.

The Maryland survey, however, produced a disappointing index of 3.2 juvenile stripers, the third year in a row it’s been under the long-term average of 11.4. On the other hand, preliminary results of the Virginia YOY showed an average of 6.3 fish for each haul of the net, the 9th consecutive year of average or above-average results. What does all this mean? Unfortunately, it indicates that Chesapeake striper spawning is not improving. The reasons aren’t well understood, but many believe water quality, rainfall amounts, and water temperature may be in part responsible. In addition the spawning stock biomass (the overall number of sexually mature females) is smaller than it should be, likely due to fishing mortality. RFA will be keeping an eye on developments as they unfold.

New Gulf of Maine Cod, Haddock Regs The New England Fishery Management Council, which manages Gulf of Maine groundfish, has recommended a 2022 recreational minimum length for cod of 22” (up from 21” in 2021) and the same 1-fish-per-person-perday bag limit, but a longer recreational fall season, which would extend from September 1 through October 7, as well as the usual opening from April 1 – 14, for both private and party/charter anglers. The haddock bag limit would be increased from 15 to 20 fish per day per person, with the same 17” minimum size and the same 11-month season with March being closed. If the National Marine Fisheries Service approves the measures, the new rules are scheduled to go into effect on May 1st.

Bluefish Quota Up The East Coast bluefish population seems to be doing pretty well, so federal fishery managers have increased both commercial and recreational quotas for 2022. The commercial quota jumped from 2.77 to 3.54 million pounds, and the recreational quota is up from 8.34 to 13.89 million pounds. However, this will not likely translate into higher bag limits for sport fishermen right away, as the current limits in federal waters of three fish per person for private boats, and five fish per person for party/charter fishermen, are slated to remain in place

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ADDITIONAL OFFSHORE WIND LAWSUIT REFLECTS GROWING OPPOSITION CONCERNS February 14, 2022

The U.S. Department of the Interior is facing another legal challenge to its handling of offshore wind, this time for its approval of an offshore wind project to be constructed on a 65,000-acre tract in federal waters south of Martha’s Vineyard. The suit comes three weeks after a grassroots organization from Long Beach Island made good on its intention to sue the federal agency. Responsible Offshore Development Alliance, a broad membership-based coalition of fishing industry associations and fishing companies, filed suit Jan. 31 in the U.S. District Court in the District of Columbia. “In its haste to implement a massive new program to generate electrical energy by constructing thousands of turbine towers offshore the eastern seaboard on the Atlantic Outer Continental Shelf and laying hundreds of miles of high-tension electrical cables undersea, the United States has shortcut the statutory and regulatory requirements that were enacted to protect our nation’s environmental and natural resources, its industries and its people,” said Annie Hawkins, executive director of the alliance. “The fishing industry supports strong action on climate change, but not at the expense of the ocean, its inhabitants and sustainable domestic seafood.” RODA issued a 60-day notice of intent to sue on Oct. 19, 2021 if the federal government did not address what it said were violations of the Clean Water Act, Endangered Species Act, Outer Continental Shelf Lands Act and other federal environmental statutes. “The alliance received no reply and the environmental violations were not remedied,” Hawkins said. “The decisions on this project didn’t balance ocean resource conservation and management and must not set a precedent for the enormous pipeline of projects the government plans to facilitate in the near term. So, we had no alternative to filing suit.” Continue reading at thesandpaper.net.

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TEXAS PUBLIC POLICY FOUNDATION BRINGS FISHERMEN’S LAWSUIT AGAINST VINEYARD WIND Kirk Moore

A legal team from the Texas Public Policy Foundation is representing Rhode Island fishermen in a lawsuit seeking to overturn permits for the Vineyard Wind offshore energy project. TPPF video image. The federal Bureau of Ocean Energy Management has so prioritized offshore wind energy development that it is bypassing real environmental review and failing to consider alternative sites that won’t harm the commercial fishing industry, charges a lawsuit brought by the Texas Public Policy Foundation. Filed Dec. 15 in federal court in Washington, D.C., on behalf of six fishing businesses in Rhode Island, Massachusetts and New York, the action challenges BOEM and other federal agencies on their review of the 800-megawatt Vineyard Wind project off southern New England. The lead plaintiff, Seafreeze Shoreside Inc. of North Kingston, R.I., is a homeport and major processor for the Northeast squid fleet. Captains there are adamant they will not be able to fish if Vineyard Wind and other planned turbine arrays are erected in those waters. Meghan Lapp, fisheries liaison at Seafreeze and a vocal advocate for its fishermen, said she had heard mention of the Texas Public Policy Foundation in conversation, “kind of along the lines of Pacific Legal Foundation which litigated for the fishing industry on the Northeast marine monument” fishing restrictions recently reinstated by the Biden administration. Lapp said she looked at the group’s website and read about their involvement on economic issues, healthcare including a case now before the Supreme Court, education and local government. “It looked promising, so I contacted them through their website,” several months ago, she said.

Meghan Lapp of Seafreeze Shoreside in North Kingston, R.I., contacted the Texas Public Policy Foundation seeking support for fishermen who will be displaced by the Vineyard Wind project. TPPF video image. Along with putting a legal team on the case, the TPPF’s media unit traveled to Rhode Island to interview and film fishermen for a short documentary now posted on the foundation’s website and promoted through social media. In addition to Seafreeze, the foundation is representing the Long Island Commercial Fishing Association, the XIII Northeast Fishery Sector Inc. in Dartmouth, Mass., and family fishing businesses Heritage Fisheries Inc. continued on page 32

continued from page 31 and Nat. W. Inc., both in Westerly, R.I., and Old Squaw Fisheries in Montauk, N.Y. All rely on waters around the Vineyard Wind lease for most of their annual catch, the lawsuit says. As defendants, the lawsuit names BOEM, the Interior Department, National Marine Fisheries Service and the U.S. Army Corps of Engineers which all play a role in the permitting process. The lawsuit quotes one key observation in the BOEM record of decision, which was based on the Corps of Engineers’ communications with fishermen: “While Vineyard Wind is not authorized to prevent free access to the entire wind development area, due to the placement of the turbines it is likely that the entire 75,614 acre area will be abandoned by commercial fisheries due to difficulties with navigation.” The BOEM process fails to account for impending conflicts at the start of its offshore leasing process, said Lapp. That was an argument presented in an earlier lawsuit against the Equinor Empire Wind lease off New York by the Fisheries Survival Fund, she recalled. When that was rejected in court, “we said you guys (BOEM) have to start considering impacts up front…You need to de-conflict up front,” she said. In the case of Vineyard Wind, the process failed to account for the region’s critical role in the longfin squid fishery, said Lapp. Agencies looked at major Massachusetts-based fleets in those waters, but “there’s hardly any squid unloaded in Massachusetts. It’s all in Rhode Island and New York,” she added. Based in the state capitol Austin, the foundation calls itself guided by “free enterprise, liberty, personal responsibility” and promotes a range of conservative and pro-business causes. Among its issues the group has opposed renewable energy programs and efforts to move away from fossil fuels, with financial support over the years by ExxonMobil, Chevron and the Charles H. Koch Foundation, whose industrialist founder has underwritten other challenges to climate-related government policies. “In approving the Vineyard Wind project, the federal government trampled the rights of Americans to pursue its misguided goal of developing offshore wind energy at any cost,” said Ted HadziAntich, senior attorney for CAF. “In the process, it violated multiple federal statutes that protect the environment, national security, commercial fishing, and the nation’s food supply. Our lawsuit aims to protect the communities that depend on fishing to support their families, as well as ensure the areas do not become wastelands for marine wildlife.” “The violations of the Federal Laws resulted from the Federal Defendants’ unintelligent pursuit of their overarching governmental goal of increasing the capacity of renewable energy generation on the Outer Continental Shelf at any cost,” the lawsuit asserts. “By indiscriminately pursuing that goal, the Federal Defendants disregarded their legal responsibilities. “Accordingly, the Court should declare the issuance of the lease and the approval of the Construction and Operations Plan unlawful and enjoin further construction of the Vineyard Wind project.”

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A spokesman for Vineyard Wind said the developers do not comment on pending litigation. The lawsuit’s charges reach back to earliest years of federal offshore wind policy, criticizing changes to BOEM policy under the Obama administration, including the so-called “Smart From The Start” streamlining of offshore energy permitting. Under earlier rules, BOEM had to subject lease development to four stages: planning and analysis; lease issuance; site assessment plan approval; and construction and operations plan approval, the lawsuit says. “With regard to leasing, the ‘Smart From The Start’ policy merged the first three steps, leaving only one opportunity for public comment upon receipt of an unsolicited lease proposal, removing any prebid opportunity for public comment on the lease locations, and torpedoing any on-site evaluation of environmental impacts or existing ‘reasonable uses,’ including fishing, prior to lease issuance.” Back in 2009 to 2010, then-Interior Secretary Ken Salazar talked up that planning process in East Coast public meetings to enable wind development. The lawsuit says that change “purports to authorize BOEM to lease large areas of the Outer Continental Shelf to private companies without adequate process and without consideration of alternative sites.” The Deepwater Horizon oil platform explosion and spill in April 2010 distracted much of BOEM’s offshore planning back then. Wind power planning remained in the agency’s portfolio, and even gained some resurgence during the Trump administration. One foundation subsidiary, the Fueling Freedom Project, defined its mission as making “the forgotten moral case for fossil fuels.” It was led by Doug Domenech, who was tapped to lead the Trump administration’s transition team at the Interior Department. While opening more lands to fossil fuel development was a priority, Interior Secretary Ryan Zinke also promoted offshore wind development during his 2017-2019 tenure. Former president Trump himself frequently mocked renewable energy, and as his administration drew to a close in December 2020 top Interior officials moved to derail any approvals for Vineyard Wind. The developers had asked to withdraw and revise their application to use larger GE Haliade-X turbines, but BOEM announced Dec. 16, 2020 that it was terminating, not just suspending, that review process, the lawsuit notes. Under the new Biden administration, BOEM in early 2021 then “resumed review of the terminated Vineyard Wind COP without requiring Vineyard Wind to update the agency with details describing studies, surveys, and other project specific information Vineyard Wind gathered during its 13-14 MW Haliade-X review between December 1, 2020 and January 22, 2021,” the lawsuit says. BOEM violated the Outer Continental Shelf Lands Act “by approving the Vineyard Wind COP, which did not demonstrate that its proposed activity was safe by failing to ensure safe travel for commercial fishing boats, safe operation of bottom trawl vessels, or a safe environment for emergency rescue operations,” the lawsuit says. “The project will interfere with marine navigational radar, increasing risks for all vessels in the area…BOEM failed to properly review and analyze Vineyard Wind’s decision to increase its turbine size even though it made the project less safe—a willful lack of due diligence that puts every ship traveling through the Vineyard Wind project area at risk.”

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THE OLDEST LIVING AQUARIUM FISH January 26 2022

Meet Methuselah, the fish that likes to eat fresh figs, get belly rubs and is believed to be the oldest living aquarium fish in the world. In the Bible, Methuselah was Noah’s grandfather and was said to have lived to be 969 years old. Methuselah the fish is not quite that ancient, but biologists at the California Academy of Sciences believe it is about 90 years old, with no known living peers. Methuselah is a 4-foot-long (1.2-meter), 40-pound (18.1-kilogram) Australian lungfish that was brought to the San Francisco museum in 1938 from Australia. A primitive species with lungs and gills, Australian lungfish are believed to be the evolutionary link between fish and amphibians. No stranger to publicity, Methuselah’s first appearance in the San Francisco Chronicle was in 1947: “These strange creatures—with green scales looking like fresh artichoke leaves—are known to scientists as a possible ‘missing link’ between terrestrial and aquatic animals.” Until a few years ago, the oldest Australian lungfish was at the Shedd Aquarium in Chicago. But that fish, named Granddad, died in 2017 at the age of 95. “By default, Methuselah is the oldest,” said Allan Jan, senior biologist at the Academy and the fish’s keeper. Methuselah’s caretakers believe the fish is female, although it’s difficult to determine the species’ sex without

a risky blood draw. The Academy plans to send a tiny sample of her fin to researchers in Australia, who will try to confirm the sex and figure out the fish’s exact age. Jan says Methuselah likes getting rubbed on her back and belly and has a “mellow” personality. “I tell my volunteers, pretend she’s an underwater puppy, very mellow, gentle, but of course if she gets spooked she will have sudden bouts of energy. But for the most part she’s just calm,” Jan said. Methuselah has developed a taste for seasonal figs. “She’s a little picky and only likes figs when they are fresh and in season. She won’t eat them when they’re frozen,” said Jeanette Peach, spokeswoman for the California Academy of Sciences. The Academy has two other Australian lungfish that are younger, both believed to be in their 40s or 50s, Jan said. The Australian lungfish is now a threatened species and can no longer be exported from Australian waters so biologists at the Academy say it’s unlikely they’ll get a replacement once Methuselah passes away. “We just give her the best possible care we can provide, and hopefully she thrives,” Jan said.

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OFFSHORE WIND DEVELOPERS EYEING LOUISIANA FOR GULF’S FIRST TURBINES January 25 2022

The Texas coast may have better winds for offshore wind development, but it’s Louisiana’s political winds that are drawing the interest of the industry’s two biggest players. Orsted and RWE, which rank No. 1 and No. 2 in the booming offshore wind market, both highlighted Louisiana’s political support for offshore wind in letters to federal energy regulators tasked with readying the Gulf of Mexico for what could be a flurry of offshore wind development. RWE, a German company that has renewable energy operations in 15 countries, urged regulators to focus on Louisiana despite studies showing Texas has a clear advantage with stronger, more consistent wind speeds. “To date, Louisiana is the only state along the Gulf of Mexico that has signaled its interest in pursuing an offshore wind policy to meet its climate objectives,” Kate McKeever, an RWE manager of U.S. government affairs, told the U.S. Bureau of Ocean Energy Management, also known as BOEM. RWE cited the Louisiana Climate Initiatives Task Force’s latest draft climate plan, which highlights the need to rapidly develop offshore wind in the Gulf to reduce the state’s greenhouse gas emissions and meet Gov. John Bel Edwards’ goal of “net zero” carbon emissions by 2050. The draft plan, released late last month, proposes enacting an offshore wind energy goal of 5,000 megawatts by 2035.

“With the development of renewable energy policy in Louisiana, there is a pathway with a timeframe of when commercial viability may be achieved,” McKeever said. “As such, RWE Renewables recommends that BOEM prioritize advancing a leasing area off Louisiana, specifically western Louisiana due to stronger wind speeds.” The Gulf’s sweet spot for offshore wind development may be the coastal waters near Lake Charles, according to RWE. Louisiana Economic Development Secretary Don Pierson welcomed RWE’s interest. “It feels very much like validation to me,” he said Friday. “I like the way we’re positioning policy and corporate interest in the sector to grow opportunities for offshore wind and other renewables.” RWE’s comments “underscore how taking action on climate change can support economic growth,” said Harry Vorhoff, senior staffer for the climate task force and deputy director of the Governor’s Office of Coastal Activities. Continue reading at northwestgeorgianews.com.

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Top photo by Jay Huggins via Flickr.

COMMISSION VOTES TO WEAKEN ALREADY INADEQUATE PROPOSAL TO PROTECT FRAGILE COAST FROM POGIE BOATS Vote ignores the recreational fishing community and others, but there is more time to stand up for conservation Shallow-water purse seining for menhaden contributes to beach erosion and damages nursery habitats for redfish, speckled trout, sharks, jacks, mackerels, blue crabs, and other species. To ensure that Louisiana’s coastal habitat can continue to support billions of dollars in revenue from recreational fishing and wildlife tourism, as well as thousands of vital jobs, the TRCP and its sportfishing partners have been calling for a regulated buffer zone that would restrict industrial menhaden harvest to deeper waters, reducing habitat impacts and conflicts between pogie boats and anglers. On Thursday, the Louisiana Wildlife and Fisheries Commission amended a proposal to create a restricted zone that would limit industrial menhaden fishing within a quarter mile of the state’s coastline. Unfortunately, the original proposal did not go far enough to prevent erosion and habitat damage, and Thursday’s amendment would further reduce the size of the buffer along sensitive marshes on the western shore of Breton Sound— making an already inadequate measure even weaker. Public comments submitted over the last two months overwhelmingly favored strengthening the proposal by expanding the restricted area to at least a half mile from beaches and sensitive shallow water areas. The Commission’s vote Thursday showed that those comments have been largely ignored. Sportfishing advocates were in favor of last year’s legislative action to create a half-mile restricted zone to help conserve and protect surf zone habitat, reduce harmful bycatch, and protect Louisiana’s recreational fishing economy and culture—a legislative solution that the menhaden

industry strongly opposed. The bill ultimately failed, but the commission could achieve the same goal by expanding the proposed restricted zone. Unfortunately, the Commission does not seem intent on voting in favor of conservation. The lone bright spot resulting from the amendment is it gives all concerned about this issue additional time to continue to voice opposition to a feeble, quarter-mile buffer zone. What difference does a quarter mile make? Let’s dive deeper.

Hitting Rock Bottom

The menhaden reduction fishing industry—namely two companies, Omega Protein and Daybrook Fisheries—has reported that their boats only fish in waters 12 feet or deeper, so the large vessels don’t hit the bottom. In past discussions of this issue with the Commission, menhaden industry representatives and some commissioners have claimed that it is impossible for the boats to operate in shallow-water areas, where the vessels run aground, and that the industry would not risk the damage to the vessels by operating them in water depths of 5 to 10 feet. Almost the entire proposed, one-quarter-mile restricted zone is in depths of up to just 6 feet. Amending the buffer zone to at least a half mile, which would include depths between 6 and 12 feet, would decrease the negative impacts of purse seining that plague Louisiana’s coast. If the claims from Omega and Daybrook are true—and they cannot risk the damage to their vessels by having them contact the bottom—there should be no issue with a half-mile buffer zone, which would only restrict fishing in areas that are supposedly too shallow for industrial pogie ships. There’s good reason to keep these vessels out of shallow water as a policy, continued on page 38

continued from page 37 instead of trusting the companies’ assertions that pogie boats don’t go that close to shore: Numerous eyewitness accounts and videos show them intentionally running aground and displacing large volumes of sediments in waters inside a half mile of beaches. [Watch the video for actual footage of this happening within yards of recreational fishing boats.]

Impacts on Popular Sportfish

The Gulf menhaden fishery is the largest fishery by volume in the contiguous United States, and Louisiana accounts for 80 percent or more of all menhaden catches in the Gulf of Mexico, with over 900 million pounds harvested in 2020. Industrial pogie fishing made up almost half of all catches in the Gulf from 1980 to 2016. Even if no more than 5 percent of the fish they harvest are species other than menhaden or herring (per Gulf-wide bycatch restrictions) the amount of potential bycatch is still immense. Sadly, the data from Omega and Daybrook regarding bycatch of important pogie predator species— including redfish, speckled trout, blacktip shark, and king and Spanish mackerel—is not publicly disclosed. Efforts should be made by the menhaden industry to measure the environmental effects of their bycatch and to prove that the pogie fishery poses no risks to Louisiana’s fragile coastal ecosystem. In the meantime, bycatch of species like speckled trout, blue crabs, redfish, and some mackerels would be reduced by restricting harvest in nearshore areas.

Just a First Step Toward Menhaden Conservation

Omega and Daybrook frequently tout their Marine Stewardship Council certification as an indicator of their sustainable fishing operations in the Gulf. However, they have funded studies that deny the correlation between menhaden abundance and predator populations—directly contradicting MSC Fisheries Standards. Other studies have shown that pogies and other forage fish ARE correlated with the abundance of seabirds, king and Spanish mackerel, and blacktip sharks. The menhaden industry has blatantly disregarded MSC principles, further proving their unwillingness to accept the negative impacts of their operations along Louisiana’s coast. If Omega and Daybrook want to demonstrate the effectiveness of a quarter-mile buffer zone versus a half-mile, they should prove through transparent and independent science that they are not harming our coastline by damaging the delicate intertidal zone or killing massive numbers of animals that depend on pogies as prey, like redfish, speckled trout, and seabirds. The current fishery management strategy does not include a harvest control rule, coastwide catch limit, or accountability for overfishing. The implementation of, at minimum, a half-mile restricted zone for the industrial menhaden fishery is a necessary first step toward the conservation of Gulf menhaden, the wildlife and fish that depends on them, and the critical surf-zone habitat in Louisiana.

M A K I N G WAV E S | S P R I N G 2 0 2 2

ONE RESPONSE TO “COMMISSION VOTES TO WEAKEN ALREADY INADEQUATE PROPOSAL TO PROTECT FRAGILE COAST FROM POGIE BOATS” January 8, 2022 | Garth Gilchrist Walker I wrote “The most destructive fishery in the USA” It goes in detail about the Menhaden Reduction Industry. It took 5 years of research. The Menhaden Coalition is a well funded lobby in Washington DC. They buy and own our politicians and will stop at nothing to keep killing all of our fish. It is a Billion Dollar industry and it has involved Murder in the past. Check out Cynthia Hebert vs Omega Protein. In New Orleans Federal Appeals court. Omega paid Cynthia Hebert an undisclosed amount for the wrongful death of her 23 year old son Christopher. The grizzly details of how a young man from the coast got murdered for trying to clean up the dirty business. There will never be an abundant fishery as long as Omega and exist. Also they are both foreign companies. Omega is owned by Cooke Inc from Brunswick Canada, and Daybrook is owned by a South African company Oceana. Also a way they win is both Daybrook and Omega sit on the head of the board for Menhaden fisheries in the Gulf State Marine Fishery Commission, which resides a few blocks from my house. Greed and corruption are their allies. Deceit is the tool they use to lie to us. Omega Scientist provide all of the data to the GSMFC, who in turn supplies these lies to ASMFC, and also to NOAA. They are all in it together. They all say it is sustainable when it has been in collapse for many years along with all of the fisheries that depend upon menhaden for essential food and nutrition. Killing 1 billion pounds of Menhaden is equivalent to killing 35000 Humpback whales. Godspeed stop this madness.

We have urged the Commission to amend the proposed quarter-mile restricted zone to a minimum of a half mile, and we will continue to push for meaningful conservation measures in the menhaden industry. Please send comments to comments@wlf.la.gov and keep following the TRCP for further updates on how to take action. Click here to learn more about the importance of menhaden in the Gulf and Atlantic and take action in support of conservation.

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SUSTAINING PARTNERSHIPS Sustaining Partners are the backbone of the Recreational Fishing Alliance (RFA) and provide us with a steady source of revenue so we can do our job and protect our community’s right to fish. As a Sustaining Partner, your recurring contribution not only puts your organization in front of a national audience, but it’s your badge of honor, demonstrating your support for the RFA’s goals and objectives. We need your help to keep moving our shared agenda forward on both a state and national level, working to protect your rights as saltwater anglers. Most importantly, Sustaining Partners have the satisfaction of knowing they are always actively doing their part to keep RFA thriving. Saltwater fishing is one of the most popular outdoor recreational activities in the United States. In 2021, more than 14.5 million Americans flocked to the nation’s waterways to engage in saltwater fishing activities, marking the highest fishing participation rate in over a decade. Saltwater fishing participation continued its upward trend, growing nearly 3% per year for the each of the last three years. (takemefising.org) At RFA, we are launching a freemium membership providing Sustaining Partners reach to potentially 14.5 million saltwater anglers in the United States through RFA’s communications, social media, website, fishing tournaments, boat shows and other opportunities. The recreational saltwater fishing sector in the United States was valued at $72 billion with another $41 billion in value-added (noaa. gov 2018) illustrating fishing enthusiasts’ strong economic impact in their communities and the need for the RFA to continue to battle the policies that will impact the industry.

RFA Fast Facts • • • • • •

According to our recent survey, 73% of RFA Supporters fish 25-greater than 50 days per year vs the 13.1 days per year national average 34% fish 50 or more days per year 66% earn more than $50K, 31% earn more than $100K 71% of RFA Supporters own a boat 70% fish the Mid-Atlantic Region (NY-NC) Saltwater anglers are 69% Male & 31% Female

Please join as a Sustaining Partner by contacting Lorna O’Hara at LOhara@joinrfa.org or by calling 609.209.9959.

RFA BOARD OF DIRECTORS

CHAIRMAN ROBERT T. HEALEY JR.

Viking Group

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Viking Yacht Company

NICK CICERO

Folsom Corporation

MIKE LEECH

World Cup Vlue Marlin Tournament

ANDREW SEMPREVIVO

Seakeeper, Inc.

TONY NOVELLI

Contender Boats

JIM MOTSKO

Ocean City White Marlin Open

BOB FLOCKEN

Hi-Liner/Diamond Fishing Products

MARTIN PETERS

Yamaha Marine Group

BOB SHOMO JR.

Johnson and Towers Inc

ANDY DORMOIS

AmeraTrail Trailers

THE OFFICAL MAGAZINE OF THE RECREATIONAL FISHING ALLIANCE

MAKING WAVES SPRING EDITION 2022

OUR MISSION Anti-fishing groups and radical environmental interests are pushing an agenda on marine fisheries issues affecting America’s saltwater anglers. At the Recreational Fishing Alliance (RFA), we’re pushing back to protect your right to fish! Incorporated in 1996 as a 501(c)(4) national, grassroots political action organization, RFA is in the trenches, lobbying, educating decision makers and ensuring that the interests of America’s coastal anglers are being heard loud and clear. Click here to learn more about what we’re up against, and why joining the Recreational Fishing Alliance (RFA) is so important when it comes to protecting your right to fish. As your watchdog, RFA understands what recreational fishing is worth to you – we were founded specifically to represent recreational fishermen and the recreational fishing industry on marine fisheries issues on every coast, with state chapters established to spearhead the regional issues while building local support for the overall RFA mission:

“To safeguard the rights of saltwater anglers, protect marine, boat and tackle industry jobs and ensure the long-term sustainability of U.S. saltwater fisheries.”

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Making Waves Spring Edition 2022

Articles inside

LOUISIANA FOR GULF’S FIRST TURBINES

THE OLDEST LIVING AQUARIUM FISH

COD ‘SUPERGENES’ EVOLVING DUE TO OVERFISHING

MANHATTAN CUP

OFFSHORE WIND LAWSUIT

FISHERMEN’S LAWSUIT AGAINST VINEYARD WIND

NEW RECREATIONAL MACKEREL RESTRICTIONS

WHAT’S NEXT FOR THE RFA

RECREATIONAL MEASURES FOR GULF OF MAINE COD

STRIPED BASS AND SATELLITES