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Atlantic rock , irroratus, Cancer borealis

Image ©Scandinavian Fishing Yearbook / www.scandfish.com

US Atlantic Trap

May 12, 2016

Gabriela Bradt, Consulting researcher Neosha Kashef, Consulting Researcher Sam Wilding, Watch Senior Fisheries Scientist

Disclaimer: Seafood Watch® strives to have all Seafood Reports reviewed for accuracy and completeness by external scientists with expertise in ecology, fisheries science and aquaculture. Scientific review, however, does not constitute an endorsement of the Seafood Watch® program or its recommendations on the part of the reviewing scientists. Seafood Watch® is solely responsible for the conclusions reached in this report. 2

Table of Contents

About Seafood Watch® ...... 3

Guiding Principles ...... 4

Summary ...... 5

Introduction ...... 8

Assessment ...... 10 Criterion 1: Impact on the Species Under Assessment ...... 10 Criterion 2: Impacts on Other Species ...... 22 Criterion 3: Management Effectiveness ...... 39 Criterion 4: Impacts on the habitat and ecosystem...... 59

Acknowledgements ...... 65

References ...... 66

Appendix A ...... 74

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About Seafood Watch®

Monterey Bay Aquarium’s Seafood Watch® program evaluates the ecological sustainability of wild- caught and farmed seafood commonly found in the United States marketplace. Seafood Watch® defines sustainable seafood as originating from sources, whether wild-caught or farmed, which can maintain or increase production in the long-term without jeopardizing the structure or function of affected ecosystems. Seafood Watch® makes its science-based recommendations available to the public in the form of regional pocket guides that can be downloaded from www.seafoodwatch.org. The program’s goals are to raise awareness of important ocean conservation issues and empower seafood consumers and businesses to make choices for healthy oceans.

Each sustainability recommendation on the regional pocket guides is supported by a Seafood Report. Each report synthesizes and analyzes the most current ecological, fisheries and ecosystem science on a species, then evaluates this information against the program’s conservation ethic to arrive at a recommendation of “Best Choices,” “Good Alternatives” or “Avoid.” The detailed evaluation methodology is available upon request. In producing the Seafood Reports, Seafood Watch® seeks out research published in academic, peer-reviewed journals whenever possible. Other sources of information include government technical publications, fishery management plans and supporting documents, and other scientific reviews of ecological sustainability. Seafood Watch® Research Analysts also communicate regularly with ecologists, fisheries and aquaculture scientists, and members of industry and conservation organizations when evaluating fisheries and aquaculture practices. Capture fisheries and aquaculture practices are highly dynamic; as the scientific information on each species changes, Seafood Watch®’s sustainability recommendations and the underlying Seafood Reports will be updated to reflect these changes.

Parties interested in capture fisheries, aquaculture practices and the sustainability of ocean ecosystems are welcome to use Seafood Reports in any way they find useful. For more information about Seafood Watch® and Seafood Reports, please contact the Seafood Watch® program at Monterey Bay Aquarium by calling 1-877-229-9990. 4

Guiding Principles

Seafood Watch defines sustainable seafood as originating from sources, whether fished1 or farmed, that can maintain or increase production in the long-term without jeopardizing the structure or function of affected ecosystems.

Based on this principle, Seafood Watch had developed four sustainability criteria for evaluating wild- catch fisheries for consumers and businesses. These criteria are:

 How does fishing affect the species under assessment?  How does the fishing affect other, target and non-target species?  How effective is the fishery’s management?  How does the fishing affect habitats and the stability of the ecosystem?

Each criterion includes:

 Factors to evaluate and score  Guidelines for integrating these factors to produce a numerical score and rating

Once a rating has been assigned to each criterion, we develop an overall recommendation. Criteria ratings and the overall recommendation are color-coded to correspond to the categories on the Seafood Watch pocket guide and online guide:

Best Choice/Green: Are well managed and caught in ways that cause little harm to habitats or other wildlife.

Good Alternative/Yellow: Buy, but be aware there are concerns with how they’re caught.

Avoid/Red: Take a pass on these for now. These items are overfished or caught in ways that harm other marine life or the environment.

1 “Fish” is used throughout this document to refer to finfish, shellfish and other invertebrates. 5

Summary

This report provides recommendations for two commercially important species in the United States Northwest Atlantic: Jonah crab (Cancer borealis) and Atlantic rock crab (). Both crab species are caught primarily using fixed gear (vented traps), with a minor portion coming from trawls where they are caught as bycatch (not assessed here).

Fisheries for Jonah and rock crab have expanded from bycatch within the fishery to directed fisheries. Historically, Jonah and Atlantic rock had been considered nuisance species in the lobster fishery and were often discarded, used as bait, or sold to help cover fuel and operational costs. Since the 1990s, they have become small, emerging fisheries but were not federally recognized. There is little to no biological or life-history data for either Cancer species. Due to the high level of uncertainty regarding abundance and impact of the fishery, there is a moderate conservation concern.

Retained and bycatch species analyzed in this assessment have been chosen based on their propensity to be caught in similar fisheries in the region. Traps used in the commercial crab fishery are highly selective, so bycatch is not considered a large issue. But data are lacking on the nature and quantity of bycatch. The most common types of bycatch found in traps are juvenile , ovigerous female crustaceans, and some finfish (e.g., flounders, scup, and tautog). There is little information on discard and mortality rates for the crab fishery, and overall it appears that discard rates of crab bycatch are low compared to those in other fisheries. Although bycatch species in crab traps are relatively few, the fishery is considered a Category II fishery by the National Marine Fisheries Service (NMFS) due to the risk posed to marine mammals in the region. Of greatest concern are the interactions between the fishery and fin whales (Balaenoptera physalus) and Atlantic humpback whales (Megaptera novaeangliae), both of which are considered endangered or threatened species. These species drive the score for Criterion 2.

Management of the Jonah crab fishery is moderately effective while management for the rock crab fishery is ineffective in all states except Massachusetts, where rock crab has been adopted into the Jonah crab Fishery Management Plan (FMP). There is little to no management of the directed rock crab fishery in other states. At present, management of Atlantic rock crab falls under the jurisdiction of state agencies, with no co-ordination among the states. Large parts of the fishery are completely unregulated and, where regulations do exist, they are not considered sufficient to be an effective management system. The lack of management is perpetuated by a lack of data regarding crab stocks and impacts of the fishery on target and bycatch species. The Jonah crab fishery is regulated through an Interstate Fishery Management Plan, which was implemented in June 2016. Although the fishery lacks reference points and a formal stock assessment, regulations are in place for harvest and gear restrictions and mandatory reporting.

Jonah and Atlantic rock crabs are almost exclusively fished with trap gear, and it is generally accepted that traps have a moderate to low impact on benthic habitats. But the impact on benthic habitats may be underestimated because of the intense fishing effort on crustaceans and the amount of gear that this requires (millions of traps being fished multiple times). This cumulative effect could be more damaging 6

to benthic ecosystems than previously thought; however, little information is available regarding the effects of lobster trap gear on the habitat. At this time, there are no extensive measures in place to manage the ecosystem and trophic impacts of the fishery.

Table of Conservation Concerns and Overall Recommendations

Criterion 1 Criterion 4 Criterion 2 Impacts on Criterion 3 Impacts on Impacts on Overall Species / Fishery the Species Management the Habitat other Recommendation Under Effectiveness and Species Assessment Ecosystem Jonah crab Good Alternative Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) Maine/Atlantic, Pots (2.624) Jonah crab Good Alternative Massachusetts/Atlantic, Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) (2.624) Pots Jonah crab Good Alternative Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) Rhode Island/Atlantic, Pots (2.624) Jonah crab Good Alternative New Hampshire/Atlantic, Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) (2.624) Pots Jonah crab Good Alternative Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) Connecticut/Atlantic, Pots (2.624) Jonah crab Good Alternative Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) New York/Atlantic, Pots (2.624) Jonah crab Good Alternative Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) New Jersey/Atlantic, Pots (2.624) Jonah crab Good Alternative Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) Maryland/Atlantic, Pots (2.624) Jonah crab Good Alternative Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) Virginia/Atlantic, Pots (2.624) Atlantic Rock crab Maine/Atlantic, Pots Yellow (2.64) Red (1.92) Red (1.73) Yellow (3.12) Avoid (2.288) Non-FMP Atlantic Rock crab Good Alternative Massachusetts/Atlantic, Yellow (2.64) Red (1.92) Yellow (3.00) Yellow (3.12) (2.624) Pots Atlantic Rock crab Rhode Island/Atlantic, Pots Yellow (2.64) Red (1.92) Red (1.73) Yellow (3.12) Avoid (2.288) Non-FMP Atlantic Rock crab New Hampshire/Atlantic, Yellow (2.64) Red (1.92) Red (1.73) Yellow (3.12) Avoid (2.288) Pots Non-FMP Atlantic Rock crab Connecticut/Atlantic, Pots Yellow (2.64) Red (1.92) Red (1.73) Yellow (3.12) Avoid (2.288) Non-FMP 7

Criterion 1 Criterion 4 Criterion 2 Impacts on Criterion 3 Impacts on Impacts on Overall Species / Fishery the Species Management the Habitat other Recommendation Under Effectiveness and Species Assessment Ecosystem Atlantic Rock crab New York/Atlantic, Pots Yellow (2.64) Red (1.92) Red (1.73) Yellow (3.12) Avoid (2.288) Non-FMP Atlantic Rock crab New Jersey/Atlantic, Pots Yellow (2.64) Red (1.92) Red (1.73) Yellow (3.12) Avoid (2.288) Non-FMP Atlantic Rock crab Maryland/Atlantic, Pots Yellow (2.64) Red (1.92) Red (1.73) Yellow (3.12) Avoid (2.288) Non-FMP Atlantic Rock crab Virginia/Atlantic, Pots Yellow (2.64) Red (1.92) Red (1.73) Yellow (3.12) Avoid (2.288) Non-FMP

Scoring Guide

Scores range from zero to five where zero indicates very poor performance and five indicates the fishing operations have no significant impact.

Final Score = geometric mean of the four Scores (Criterion 1, Criterion 2, Criterion 3, Criterion 4).

 Best Choice/Green = Final Score >3.2, and no Red Criteria, and no Critical scores

 Good Alternative/Yellow = Final score >2.2, and neither Harvest Strategy (Factor 3.1) nor Bycatch Management Strategy (Factor 3.2) are Very High Concern,2 and no more than one Red Criterion, and no Critical scores, and does not meet the criteria for Best Choice (above)

 Avoid/Red = Final Score <=2.2, or either Harvest Strategy (Factor 3.1) or Bycatch Management Strategy (Factor 3.2) is Very High Concern,2 or two or more Red Criteria, or one or more Critical scores.

2 Because effective management is an essential component of sustainable fisheries, Seafood Watch issues an Avoid recommendation for any fishery scored as a Very High Concern for either factor under Management (Criterion 3). 8

Introduction

Scope of the analysis and ensuing recommendation

This report provides recommendations for two commercially important crustacean species, Jonah crab (Cancer borealis) and Atlantic rock crab (Cancer irroratus) fisheries in the U.S. Northwest Atlantic. The have expanded in recent years from bycatch fisheries within the lobster fishery to directed fisheries. Jonah and rock crab co-occur across much of their range; Jonah crab is found from Nova Scotia to the Dry Tortugas, FL (Drew 2011) while rock crab is found from Labrador to Florida (Williams 1984). Crabs are caught using primarily fixed gear (vented traps) with a minor portion coming from trawls as bycatch (NMFS 2011) (Wilson 2005) (Reardon 2006).

Overview of the species and management bodies

Jonah (Cancer borealis) and Atlantic rock crabs (Cancer irroratus) have essentially been considered nuisance bycatch in the fishery for more than 80 years (Reardon 2006) (Krouse 1980). Landings of the crabs have been used by the lobstermen as supplement to cover operational costs (NOAA 2010) (Reardon 2006). But since the mid-1990s, as a result of an increase in crab abundance coupled with an increase in market demand, Jonah and rock crabs have emerged as growing directed fisheries (NOAA 2010).

Jonah crab and Atlantic rock crab are native to the North Atlantic coast of North America. There is limited information regarding the biology, abundance, and distribution of both species. Though physically similar, the two species differ in size and preferred habitats (Reardon 2006). Jonah crab is larger than Atlantic rock crab and more commonly found at depths of 50–300 m and up to 800 m (Robichaud and Frail 2006). Atlantic rock crab is smaller, prefers shallower inshore waters ranging from 6 to 456 m (Stehlik et al. 1991), and is most often found at depths of less than 20 m (Krouse 1980) (Robichaud et al. 2000).

Currently, there is an Interstate Fishery Management Plan (FMP) in place for Jonah crab, while the rock crab fishery has limited management. The FMP aims to protect and maintain broodstock abundance through required permits, reporting, trip limits, gear requirements, and prohibition of landing egg- bearing females and partial claws.

Production Statistics

Jonah and Atlantic rock crabs co-occur in the Northwest Atlantic from Labrador to Florida. The United States and Canada are the major producers, and in both countries these are growing fisheries. There is no known commercial farmed Cancer crab production. In New England, where the American lobster fishery dominates, the Jonah crab and Atlantic rock crab commercial fisheries pale in commercial value. In 2011, the combined value of all Jonah crab landings in New England (CT, MA, ME, NH, and RI) was $5,530,407 and for Atlantic rock crab it was $896,231 (NMFS 2013). 9

Landings of C. borealis in New England have been increasing steadily from 2.5 million lbs in 2000 to more than 15 million lbs in 2013 (Figure 1).

Landings of C. irroratus in the last decade have been less stable compared to Jonah crab landings (Figure 2).

In 2000, approximately 4 million lbs of Atlantic rock crab were landed in New England, but landings decreased sharply to 0.5 million lbs in 2001 and 1 million lbs in 2002. From 2003–2008, Atlantic rock crab landings increased steadily and peaked in 2008 at 4.75 million lbs. But since 2009, landings in New England have steadily decreased: in 2013, total landings for Atlantic rock crab were 1.5 million lbs. The true quantity landed may be unknown because of the uncertainty and inconsistency in reporting among the individual states (Reardon 2006). Adding to the discrepancy in reporting, there is widespread confusion between the two species because fishers and dealers refer to both Cancer species as “rock crab” while the scientific literature and landings program refer to C. irroratus exclusively as “rock crab” (Reardon 2006) (pers. comm., Taylor 2014) (pers. comm., Wilson 2014).

Importance to the U.S./North American market

Although the Cancer crab fisheries continue to emerge, there is currently no recognized import/export market for either Jonah crab or Atlantic rock crab. All product appears to be harvested and consumed in the United States (Cascorbi 2004).

Common and market names

Jonah crab (Cancer borealis) Cancer borealis is also known as Jonah crab and Atlantic .

Atlantic rock crab (Cancer irroratus) Cancer irroratus is also known as Atlantic rock, peekytoe, sand, quick, and eelgrass crab.

Primary product forms

Jonah crab (Cancer borealis) Jonah crab is typically fished in the winter months from November to February, although there are landings from August to April. It is sold live, as fresh or frozen whole-cooked claws, and as picked meat and snap-and-eat claws.

Atlantic rock crab (Cancer irroratus) Atlantic rock crab is mainly available in the summer months during peak lobster fishing periods. Atlantic rock crab cannot be shipped live; the main product form is fresh or frozen picked meat. 10

Assessment

This section assesses the sustainability of the fishery(s) relative to the Seafood Watch Criteria for Fisheries, available at http://www.seafoodwatch.org.

Criterion 1: Impact on the Species Under Assessment

This criterion evaluates the impact of fishing mortality on the species, given its current abundance. The inherent vulnerability to fishing rating influences how abundance is scored, when abundance is unknown. The final Criterion 1 score is determined by taking the geometric mean of the abundance and fishing mortality scores. The Criterion 1 rating is determined as follows:

• Score >3.2=Green or Low Concern • Score >2.2 and <=3.2=Yellow or Moderate Concern • Score <=2.2=Red or High Concern Rating is Critical if Factor 1.3 (Fishing Mortality) is Critical.

Criterion 1 Summary

ATLANTIC ROCK CRAB Inherent Fishing Region / Method Stock Status Subscore Vulnerability Mortality 3.00:Moderate 2.33:Moderate Maine/Atlantic Pots, Non-FMP 3.00:Low Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate Massachusetts/Atlantic Pots 3.00:Low Yellow (2.644) Concern Concern Rhode Island/Atlantic Pots, Non- 3.00:Moderate 2.33:Moderate 3.00:Low Yellow (2.644) FMP Concern Concern New Hampshire/Atlantic Pots, Non- 3.00:Moderate 2.33:Moderate 3.00:Low Yellow (2.644) FMP Concern Concern Connecticut/ Atlantic Pots, Non- 3.00:Moderate 2.33:Moderate 3.00:Low Yellow (2.644) FMP Concern Concern 3.00:Moderate 2.33:Moderate New York/Atlantic Pots, Non-FMP 3.00:Low Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate New Jersey/Atlantic Pots, Non-FMP 3.00:Low Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate Maryland/Atlantic Pots, Non-FMP 3.00:Low Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate Virginia/Atlantic Pots, Non-FMP 3.00:Low Yellow (2.644) Concern Concern

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JONAH CRAB Inherent Fishing Region / Method Stock Status Subscore Vulnerability Mortality 3.00:Moderate 2.33:Moderate Maine/Atlantic Pots 2.00:Medium Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate Massachusetts/Atlantic Pots 2.00:Medium Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate Rhode Island/Atlantic Pots 2.00:Medium Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate New Hampshire/Atlantic Pots 2.00:Medium Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate Connecticut/ Atlantic Pots 2.00:Medium Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate New York/Atlantic Pots 2.00:Medium Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate New Jersey/Atlantic Pots 2.00:Medium Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate Maryland/Atlantic Pots 2.00:Medium Yellow (2.644) Concern Concern 3.00:Moderate 2.33:Moderate Virginia/Atlantic Pots 2.00:Medium Yellow (2.644) Concern Concern

Jonah and Atlantic rock crab have a low to medium inherent vulnerability to fishing pressure. Determining the age of crustaceans is difficult because of their molting cycles, but it is generally believed that rock crab has a maximum age of around 8 years, whereas Jonah crab is thought to live as long as 30 years, based partly on comparison to their close relatives, the edible (brown) crab () and the Dungeness crab ( magister). Both Jonah and Atlantic rock crabs carry their eggs on their abdomen for almost a year before the eggs hatch into planktonic larvae. Both species have traditionally been harvested as bycatch in the lobster fishery in the Northeast, and have now developed into targeted fisheries. No coast-wide stock assessments have been made on either of these species and overfishing reference points are unknown. Little to no population and biological data are available for either Jonah or Atlantic rock crabs. The lack of scientific information on the status of the Cancer crab stocks creates potential for overexploitation.

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Criterion 1 Assessment

ATLANTIC ROCK CRAB

Factor 1.1 - Inherent Vulnerability

Scoring Guidelines

• Low—The FishBase vulnerability score for species is 0-35, OR species exhibits life history characteristics that make it resilient to fishing, (e.g., early maturing) • Medium—The FishBase vulnerability score for species is 36-55, OR species exhibits life history characteristics that make it neither particularly vulnerable nor resilient to fishing, (e.g., moderate age at sexual maturity (5-15 years), moderate maximum age (10-25 years), moderate maximum size, and middle of food chain). • High—The FishBase vulnerability score for species is 56-100, OR species exhibits life history characteristics that make is particularly vulnerable to fishing, (e.g., long-lived (>25 years), late maturing (>15 years), low reproduction rate, large body size, and top-predator). Note: The FishBase vulnerability scores is an index of the inherent vulnerability of marine fishes to fishing based on life history parameters: maximum length, age at first maturity, longevity, growth rate, natural mortality rate, fecundity, spatial behaviors (e.g., schooling, aggregating for breeding, or consistently returning to the same sites for feeding or reproduction) and geographic range.

Massachusetts/Atlantic, Pots Maine/Atlantic, Pots Rhode Island/Atlantic, Pots New Hampshire/Atlantic, Pots Connecticut/Atlantic, Pots New York/Atlantic, Pots New Jersey/Atlantic, Pots Maryland/Atlantic, Pots Virginia/Atlantic, Pots

Low

The inherent vulnerability score (2.5) for Cancer irroratus is deemed “low.”

Rationale:

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Table 1: Life-history characteristics of Atlantic rock crab

Atlantic rock crabs are physically similar to Jonah crabs, but they are smaller and are more common inshore and at shallower depths (Reardon 2006). Like most brachyurans, C. irroratus exhibits sexual dimorphism between males and females with female rock crabs rarely reaching carapace widths (CW) of 100 mm (3.9 in.) and males reaching CW of 140 mm (5.5 in) (Page 2002) (Bigford 1979). Sexual maturity in Atlantic rock crabs has been estimated at around 60 mm (2.4 in) CW for females (1–3 years) and 70 mm (2.8 in) CW for males (1–4 years) (Page 2002) (Bigford 1979). Similar to C. borealis, the maximum age of C. irroratus is estimated to be approximately 8 years (Bigford 1979) (Reilly and Saila 1978). Female Atlantic rock crabs can produce between 125,000 and 500,000 eggs, depending on size, and they carry the eggs on their abdomen for a year before the eggs hatch (Bigford 1979) (Page 2002). Based on these factors, inherent vulnerability for C. irroratus is deemed low.

Factor 1.2 - Stock Status

Scoring Guidelines

• 5 (Very Low Concern)—Strong evidence exists that the population is above target abundance level (e.g., biomass at maximum sustainable yield, BMSY) or near virgin biomass. • 4 (Low Concern)—Population may be below target abundance level, but it is considered not overfished. • 3 (Moderate Concern) —Abundance level is unknown and the species has a low or medium inherent vulnerability to fishing. • 2 (High Concern)—Population is overfished, depleted, or a species of concern, OR abundance is unknown and the species has a high inherent vulnerability to fishing. • 1 (Very High Concern)—Population is listed as threatened or endangered. 14

Massachusetts/Atlantic, Pots Maine/Atlantic, Pots Rhode Island/Atlantic, Pots New Hampshire/Atlantic, Pots Connecticut/Atlantic, Pots New York/Atlantic, Pots New Jersey/Atlantic, Pots Maryland/Atlantic, Pots Virginia/Atlantic, Pots

Moderate Concern

There are no biological reference points or stock assessments for C. irroratus. Except for catch data, there is no reliable estimate for abundance, so it is not possible to determine whether abundance is at a sustainable level. Because abundance in relation to reference points and conservation goals is unknown and the species has a low vulnerability to fishing, the abundance factor is rated as “moderate” concern.

Rationale: The stock status of C. irroratus in New England is unknown. Atlantic rock crab, like Jonah crab, has been harvested as incidental catch in the American lobster fishery in New England for over 80 years (Krouse 1980). Until the 1990s, both Atlantic rock crab and Jonah crab were considered nuisance bycatch species by the lobstermen and were usually discarded or used as bait (Reardon 2006) (Krouse 1980). The Atlantic rock crab fishery is an emerging fishery and it is not a federally regulated fishery (Reardon 2006) (NOAA 2010). To date, there have been no federal stock assessments conducted for Atlantic rock crab. The only data available relevant to an abundance assessment are landings data; however, there is a high level of uncertainty associated with this data because it can be affected by a wide range of factors, including environmental changes, market forces, and changes in fishing effort and pattern (Reardon 2006). Additionally (as is the case in Maine) Cancer crab landings are not always publicly reported by species due to uncertainties with species identification (pers. comm., Wilson 2014) (pers. comm., Taylor 2014) (Reardon 2006).

Landings of Atlantic rock crab in New England have fluctuated since the turn of the century, increasing in the early 2000s to a peak of 4.75 million pounds in 2008, before declining to 1.5 million pounds in 2013. Figure 1 illustrates the fluctuation in landings for Maine and Rhode Island, which follow a similar pattern to the overall landings in New England, whereas landings in Massachusetts have increased in recent years. Landings for New Hampshire and Connecticut are not shown because the data series is incomplete due to issues with data confidentiality and uncertainty with reporting.

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Figure 1: Annual landings of Atlantic rock crab (C. irroratus) in New England states (lbs).

Factor 1.3 - Fishing Mortality

Scoring Guidelines

• 5 (Very Low Concern)—Highly likely that fishing mortality is below a sustainable level (e.g., below fishing mortality at maximum sustainable yield, FMSY), OR fishery does not target species and its contribution to the mortality of species is negligible (≤ 5% of a sustainable level of fishing mortality). • 3.67 (Low Concern)—Probable (>50%) chance that fishing mortality is at or below a sustainable level, but some uncertainty exists, OR fishery does not target species and does not adversely affect species, but its contribution to mortality is not negligible, OR fishing mortality is unknown, but the population is healthy and the species has a low susceptibility to the fishery (low chance of being caught). • 2.33 (Moderate Concern)—Fishing mortality is fluctuating around sustainable levels, OR fishing mortality is unknown and species has a moderate-high susceptibility to the fishery and, if species is depleted, reasonable management is in place. • 1 (High Concern)—Overfishing is occurring, but management is in place to curtail overfishing, OR fishing mortality is unknown, species is depleted, and no management is in place. 16

• 0 (Critical)—Overfishing is known to be occurring and no reasonable management is in place to curtail overfishing.

Massachusetts/Atlantic, Pots Maine/Atlantic, Pots Rhode Island/Atlantic, Pots New Hampshire/Atlantic, Pots Connecticut/Atlantic, Pots New York/Atlantic, Pots New Jersey/Atlantic, Pots Maryland/Atlantic, Pots Virginia/Atlantic, Pots

Moderate Concern

There are no known estimates for fishing mortality for Atlantic rock crabs.

JONAH CRAB

Factor 1.1 - Inherent Vulnerability

Scoring Guidelines

• Low—The FishBase vulnerability score for species is 0-35, OR species exhibits life history characteristics that make it resilient to fishing, (e.g., early maturing) • Medium—The FishBase vulnerability score for species is 36-55, OR species exhibits life history characteristics that make it neither particularly vulnerable nor resilient to fishing, (e.g., moderate age at sexual maturity (5-15 years), moderate maximum age (10-25 years), moderate maximum size, and middle of food chain). • High—The FishBase vulnerability score for species is 56-100, OR species exhibits life history characteristics that make is particularly vulnerable to fishing, (e.g., long-lived (>25 years), late maturing (>15 years), low reproduction rate, large body size, and top-predator). Note: The FishBase vulnerability scores is an index of the inherent vulnerability of marine fishes to fishing based on life history parameters: maximum length, age at first maturity, longevity, growth rate, natural mortality rate, fecundity, spatial behaviors (e.g., schooling, aggregating for breeding, or consistently returning to the same sites for feeding or reproduction) and geographic range.

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Massachusetts/Atlantic, Pots Maine/Atlantic, Pots Rhode Island/Atlantic, Pots New Hampshire/Atlantic, Pots Connecticut/Atlantic, Pots New York/Atlantic, Pots New Jersey/Atlantic, Pots Maryland/Atlantic, Pots Virginia/Atlantic, Pots

Medium

The inherent vulnerability score for C. borealis is deemed “medium”; however, there is considerable uncertainty surrounding this score (2.25) because of a lack of life-history and biological data for this species. Many attributes that need to be scored to determine inherent vulnerability are either unknown or extrapolated from data of similar species such as Metacarcinus magister or Cancer pagurus.

Rationale:

Table 2: Life-history characteristics of Jonah crab.

There is little biological or life-history information for Jonah crab: for example, age at 50% maturity, growth rate, and maximum age are not known. There is sexual dimorphism between males and females, with male Jonah crabs growing up to 180 mm (7.1 in) CW and females up to 150 mm (5.9 in) CW. Size at sexual maturity in Jonah crab varies with location (DFO 2009), although in general most females are sexually mature at 89 mm (3.5 in) CW (Cobb et al. 1997) and males at 128 mm (5.0 in) CW (Moriyasu et al. 2002). Although the maximum age in Jonah crabs is not known, it varies for similar crab species: for example, Metacarcinus magister (Dungeness crab) can live 8–13 years (ADFG 1994), and edible (brown) 18

crab (Cancer pagurus) (Cobb et al. 1997) typically lives 25–30 years although it reportedly can live up to 100 years (Fishonline 2011). Fecundity for Jonah crabs may be high but there are no estimates; it is known that female Jonah crabs carry eggs once per year during the summer months and it has been reported that they will spawn approximately five times during their life (Cobb et al. 1997). The related edible (brown) crab can carry 250,000 to 3,000,000 eggs while Dungeness crab can produce 250,000 to 1,000,000 eggs (Khatain 2000). The lack of biological information makes determining inherent vulnerability difficult, but based on other life-history characteristics of similar species, it is likely that inherent vulnerability is “medium” for Jonah crab.

Factor 1.2 - Stock Status

Scoring Guidelines

• 5 (Very Low Concern)—Strong evidence exists that the population is above target abundance level (e.g., biomass at maximum sustainable yield, BMSY) or near virgin biomass. • 4 (Low Concern)—Population may be below target abundance level, but it is considered not overfished. • 3 (Moderate Concern) —Abundance level is unknown and the species has a low or medium inherent vulnerability to fishing. • 2 (High Concern)—Population is overfished, depleted, or a species of concern, OR abundance is unknown and the species has a high inherent vulnerability to fishing. • 1 (Very High Concern)—Population is listed as threatened or endangered.

Massachusetts/Atlantic, Pots Maine/Atlantic, Pots Rhode Island/Atlantic, Pots New Hampshire/Atlantic, Pots Connecticut/Atlantic, Pots New York/Atlantic, Pots New Jersey/Atlantic, Pots Maryland/Atlantic, Pots Virginia/Atlantic, Pots

Moderate Concern

There are no biological reference points, and no range-wide stock assessment exists for Jonah crab, although the Atlantic States Marine Fisheries Commission (ASMFC) considers gathering these data a high priority for the future (ASFMC 2015). Abundance is rated a “moderate” conservation concern because there is no reliable reference point and the stock’s inherent vulnerability is rated moderate.

Rationale: The stock status of Jonah crab in New England is unknown. Although Jonah crab has been harvested as incidental catch in the American lobster fishery in New England for over 80 years (Krouse 1980), it is not 19

a federally regulated fishery and there have been no federal stock assessments conducted for Jonah crab. Although some biological data about Jonah crab have been collected from bottom trawl surveys, these data may not accurately indicate abundance and population trends because trawls sample limited habitats and Jonah crab could be avoiding them (Reardon 2006). Landings data are available for the Jonah crab fishery; however, there is significant uncertainty associated with these data and their suitability as a proxy for abundance, because landings can be affected by a range of factors including environmental changes, market forces, and changes in fishing effort and pattern.

Jonah crab landings in Maine have been declining, whereas landings have been increasing in Massachusetts and Rhode Island over the same period (Figure 2).

These patterns of abundance in Maine and in Massachusetts and Rhode Island may reflect the condition of the American lobster fishery in these states. Maine has been reporting historically high landings of lobster (124 million lbs in 2012) while Massachusetts and Rhode Island, which traditionally fish the Southern New England lobster stock, have seen significant and critical declines in lobster abundance with no sign of recovery. Therefore, in Maine, while the lobster industry continues to explode, the incentive to land Jonah crab has declined. In Massachusetts and Rhode Island, it appears that the incentive to land crab is increasing, perhaps as a response to the decline of the Southern New England lobster stocks.

Figure 2: Annual landings of Jonah crab (C. borealis) in New England states (lbs).

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Factor 1.3 - Fishing Mortality

Scoring Guidelines

• 5 (Very Low Concern)—Highly likely that fishing mortality is below a sustainable level (e.g., below fishing mortality at maximum sustainable yield, FMSY), OR fishery does not target species and its contribution to the mortality of species is negligible (≤ 5% of a sustainable level of fishing mortality). • 3.67 (Low Concern)—Probable (>50%) chance that fishing mortality is at or below a sustainable level, but some uncertainty exists, OR fishery does not target species and does not adversely affect species, but its contribution to mortality is not negligible, OR fishing mortality is unknown, but the population is healthy and the species has a low susceptibility to the fishery (low chance of being caught). • 2.33 (Moderate Concern)—Fishing mortality is fluctuating around sustainable levels, OR fishing mortality is unknown and species has a moderate-high susceptibility to the fishery and, if species is depleted, reasonable management is in place. • 1 (High Concern)—Overfishing is occurring, but management is in place to curtail overfishing, OR fishing mortality is unknown, species is depleted, and no management is in place. • 0 (Critical)—Overfishing is known to be occurring and no reasonable management is in place to curtail overfishing.

Massachusetts/Atlantic, Pots Maine/Atlantic, Pots Rhode Island/Atlantic, Pots New Hampshire/Atlantic, Pots Connecticut/Atlantic, Pots New York/Atlantic, Pots New Jersey/Atlantic, Pots Maryland/Atlantic, Pots Virginia/Atlantic, Pots

Moderate Concern

There is no current definition of overfishing for Jonah crab. Landings have been increasing due to increased value of Jonah crab in the marketplace (ASFMC 2015). In the 1990s, landings in New England fluctuated between 2 and 3 million lbs. Landings rose to over 7 million lbs in 2005 and reached over 17 million lbs in 2014.

Rationale: There are no known estimates for fishing mortality for Jonah crab. Reardon (2006) did preliminary work on determining biological reference points, including calculations for fishing mortality. Based on three 21

possible scenarios, she concluded that the Jonah crab stock in Maine was not experiencing overfishing because fishing mortalities in all three cases fell below F0.1 (fishing mortality where the slope of yield per recruit versus F is one-tenth of its value near the origin) and FMAX (fishing mortality where yield or yield per recruit is highest) (Reardon 2006). This was the last documented attempt at determining fishing mortality for Jonah crab.

22

Criterion 2: Impacts on Other Species

All main retained and bycatch species in the fishery are evaluated in the same way as the species under assessment were evaluated in Criterion 1. Seafood Watch® defines bycatch as all fisheries-related mortality or injury to species other than the retained catch. Examples include discards, endangered or threatened species catch, and ghost fishing. To determine the final Criterion 2 score, the score for the lowest scoring retained/bycatch species is multiplied by the discard rate score (ranges from 0-1), which evaluates the amount of non-retained catch (discards) and bait use relative to the retained catch. The Criterion 2 rating is determined as follows:

• Score >3.2=Green or Low Concern • Score >2.2 and <=3.2=Yellow or Moderate Concern • Score <=2.2=Red or High Concern Rating is Critical if Factor 2.3 (Fishing Mortality) is Critical.

Criterion 2 Summary

Only the lowest-scoring main species is/are listed in the table and text in this Criterion 2 section; a full list and assessment of the main species can be found in Appendix A.

Atlantic rock crab: Connecticut/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

23

Atlantic rock crab: Maine/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 4.00: Low 3.76: Low AMERICAN LOBSTER High 3.831 Concern Concern

Atlantic rock crab: Maryland/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

Atlantic rock crab: Massachusetts/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 4.00: Low 3.76: Low AMERICAN LOBSTER High 3.831 Concern Concern 24

Atlantic rock crab: New Hampshire/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 4.00: Low 3.76: Low AMERICAN LOBSTER High 3.831 Concern Concern

Atlantic rock crab: New Jersey/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

25

Atlantic rock crab: New York/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

Atlantic rock crab: Rhode Island/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

26

Atlantic rock crab: Virginia/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

Jonah crab: Connecticut/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

27

Jonah crab: Maine/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 4.00: Low 3.76: Low AMERICAN LOBSTER High 3.831 Concern Concern

Jonah crab: Maryland/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

Jonah crab: Massachusetts/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 4.00: Low 3.76: Low AMERICAN LOBSTER High 3.831 Concern Concern 28

Jonah crab: New Hampshire/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 4.00: Low 3.76: Low AMERICAN LOBSTER High 3.831 Concern Concern

Jonah crab: New Jersey/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

29

Jonah crab: New York/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

Jonah crab: Rhode Island/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

30

Jonah crab: Virginia/Atlantic Pots

Subscore: 1.916 Discard Rate: 1.00 C2 Rate: 1.916

Inherent Fishing Species Stock Status Subscore Vulnerability Mortality 1.00: Very 3.67: Low HUMPBACK WHALE High 1.916 High Concern Concern FIN WHALE: WESTERN NORTH 1.00: Very 5.00: Very High 2.236 ATLANTIC High Concern Low Concern 3.00: 2.33: JONAH CRAB Medium Moderate Moderate 2.644 Concern Concern 2.33: 2.00: High AMERICAN LOBSTER High Moderate 2.159 Concern Concern

The composition of bycatch within the Jonah and Atlantic rock crab fisheries is largely unknown due to lack of data from the fishery. The species assessed here are those known to be caught in similar fisheries in the region; for example, humpback whales and fin whales that are known to interact with pot and trap gear as identified in the NMFS (National Marine Fisheries Service) List of Fisheries. In general, the traps used in the commercial crab fishery are considered highly selective, so the overall levels of bycatch are relatively low compared to other marine fisheries.

American lobster has been included in the bycatch assessment based on its propensity to be caught in the fishing gear, and to account for the crab that are landed from the lobster-directed fishery in the region. North Atlantic right whales are known to interact with the lobster fishery, such that the lobster is considered a Category I (frequent interactions) fishery by NMFS. The North Atlantic right whale has not been identified as a species affected by the mixed-species pot and trap fishery (which includes the Jonah and rock crab fisheries) in the NMFS list of fisheries, and thus has not been assessed here. Based on the interactions with the lobster fishery, and the potential to interact with the crab fishery when considering the differences in scale, it is likely that the impact of the fishery on the North Atlantic right whale is no worse than the impact on the humpback whale, which has been assessed here.

The score for Criterion 2 is driven by interactions between the fishery and endangered humpback whales.

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Criterion 2 Assessment

FIN WHALE: WESTERN NORTH ATLANTIC

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

High

Seafood Watch considers marine mammals to be highly vulnerable to fishing activities.

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Factor 2.2 - Stock Status

Scoring Guidelines (same as Factor 1.2 above)

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Very High Concern

Fin whales in the Western North Atlantic are listed as endangered under the U.S. Endangered Species Act. The minimum estimate for the population is 2,817 individuals, and it is unknown how this relates to the optimum sustainable population (OSP) (the OSP has not been defined) (Waring et al. 2014). Based on the endangered listing of fin whales, Seafood Watch considers their abundance to be a “very high” concern.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots 33

Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Very Low Concern

Fin whales are known to interact with pot and trap fisheries in the New England region and these fisheries are considered Category II fisheries (occasional interactions) by NMFS. It is often not possible to determine the risk associated with a specific fishery, because typically the whales are found entangled in ropes and buoy lines and the specific gear and fishery cannot be identified. The impact of all fisheries on the Western North Atlantic population of fin whales is 2.3 incidents of mortality or serious injury per year from 2007 to 2011 (Waring et al. 2014). Based on the minimum population abundance, productivity, and recovery rate, the acceptable level of impact or PBR (Potential Biological Removal) has been determined to be 5.6 (Waring et al. 2014). Because the cumulative impact is below an acceptable level of impact, the impact of the crab fisheries is considered to be a “very low” concern.

Factor 2.4 - Discard Rate

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP 34

Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

< 20%

Discarding from crab pots and traps is believed to be minimal, with the majority of discards being returned live with a high post-release survival rate.

The volume of bait used relative to the volume of crab landed varies throughout the season but is believed to be between 25% and 50%. The fishing industry in New England uses processing byproducts and frames/racks to bait their crab traps, so no additional pressure is placed on natural resources to provide bait for the fishery. Typically, frames from cod, haddock, and salmon are used (pers. comm., Grossman 2014).

Based on the low level of discards and the use of byproducts for bait, Seafood Watch considers the discard and bait use rate to be negligible relative to landings.

HUMPBACK WHALE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP 35

High

Seafood Watch considers marine mammals to be highly vulnerable to fishing activities. (Criteria document p. 9).

Factor 2.2 - Stock Status

Scoring Guidelines (same as Factor 1.2 above)

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Very High Concern

Humpback whales are listed as endangered under the Endangered Species Act (ESA 2012) (NOAA 2012b).

Rationale: Although the North Atlantic humpback whale population seems to be rebounding in recent years (Waring et al. 2010), the species is still considered endangered under the Endangered Species Act (ESA 2012). In addition, it is still being protected under the Atlantic Large Whale Take Reduction Plan (ALWTRP). Recent estimates put the Gulf of Maine humpback whale population at 823 individuals (Waring et al. 2014). The Gulf of Maine humpback whale stock is considered a strategic stock because the annual fishery-related mortality and serious injury continues to exceed its Potential Biological Removal (PBR), which has been set at 2.7 whales for the Gulf of Maine (Waring et al. 2014). According to the 2014 stock assessment, there are insufficient data to determine current population trends in the 36

North Atlantic (Waring et al. 2014); however, Stevick et al. (2003) estimated that the average annual population increase was 3.1%.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Low Concern

The fishery-specific impact on humpback whales is difficult to determine because often only buoy lines are found entangling the whales, making it difficult to determine the gear and fishery responsible. The majority of the fishing effort for crab in the New England region occurs in the winter months when humpback whales have migrated away from their New England feeding grounds; however, there is still some temporal overlap between the fishery and whales’ seasonal migrations (Waring et al. 2014).

NMFS considers pot and trap fisheries in the New England region to be a Category II fishery based on the risk associated with entanglement to marine mammals in the region. The total fishing mortality is 9.95 whales per year (average of 2007–2011) (Waring et al. 2014) and is above the Potential Biological Removal of 2.7. (PBR is the number of serious injuries and mortalities that a population can sustain without imposing an adverse impact.) The scale of the crab fishery is much smaller than the New England lobster fishery, is likely to pose a lower level of risk to marine mammals in the region (including humpback whales), and is considered a Category II fishery by NMFS (NMFS 2014a). 37

Based on the information presented here, the unknown impact, and the Category II listing, Seafood Watch considers the potential impact on humpback whales to be a “low” concern.

Rationale: There are five identified stocks of humpback whales (Megaptera novaeangliae) in U.S. waters: 1) Gulf of Maine, 2) Western North Pacific, 3) Central North Pacific, 4) California/Oregon/Washington, and 5) American Samoa (NOAA 2012c). This report only deals with the Gulf of Maine North Atlantic humpback whale stock.

The best available estimate for the current North Atlantic humpback whale population is approximately 11,570 (Stevick et al. 2003), and the Gulf of Maine stock has approximately 823 individuals (Waring et al. 2014). The latest humpback whale assessment puts the PBR for the Gulf of Maine stock at 2.7 whales (Waring et al. 2014).

The main threats to the humpback whale population are entanglements in fishing gear and ship strikes (NOAA 2012c). Between 2007 and 2011, the minimum annual mortality and serious injury rate due to human causes averaged 11.95 individuals per year. This included mortalities and serious injury rates due to fishery-related entanglements of 9.95 (Waring et al. 2014). The impact of the crab fishery is unknown.

Similar to right whales, ship strikes and fishery-related entanglements could be significantly impairing the rate of recovery for humpback whales. A 1995 study (Wiley et al. 1995) looked at 20 dead humpback whales and determined that 30% (6 individuals) had major injuries that were consistent with ship strikes and 25% (5 individuals) had injuries that were attributed to fishing gear entanglement. This study indicated that at least 60% of the whales that were analyzed showed signs that human factors contributed to mortality of the whales (Wiley et al. 1995). In addition, there is scarring evidence that male humpback whales are more likely to get entangled compared to females (Robbins and Mattila 2001) and that yearling humpback whales had a higher incidence of entanglement than any other age class. There was also an indication that entanglement events had significant effects on reproductive success (Robbins and Mattila 2001).

Factor 2.4 - Discard Rate

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots 38

Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

< 20%

Discarding from crab pots and traps is believed to be minimal, with the majority of discards being returned live with a high post-release survival rate.

The volume of bait used relative to the volume of crab landed varies throughout the season but is believed to be between 25% and 50%. The fishing industry in New England uses processing byproducts and frames/racks to bait their crab traps, so no additional pressure is placed on natural resources to provide bait for the fishery. Typically, frames from cod, haddock, and salmon are used (pers. comm., Grossman 2014).

Based on the low level of discards and the use of byproducts for bait, Seafood Watch considers the discard and bait use rate to be negligible relative to landings. 39

Criterion 3: Management Effectiveness

Management is separated into management of retained species (harvest strategy) and management of non-retained species (bycatch strategy).

The final score for this criterion is the geometric mean of the two scores. The Criterion 3 rating is determined as follows:

• Score >3.2=Green or Low Concern • Score >2.2 and <=3.2=Yellow or Moderate Concern • Score <=2.2 or either the Harvest Strategy (Factor 3.1) or Bycatch Management Strategy (Factor 3.2) is Very High Concern = Red or High Concern Rating is Critical if either or both of Harvest Strategy (Factor 3.1) and Bycatch Management Strategy (Factor 3.2) ratings are Critical.

Criterion 3 Summary

Management of Management of Overall Region / Method Non-Retained Retained Species Recommendation Species Maine/Atlantic Pots 3.000 3.000 Yellow (3.000) Massachusetts/Atlantic Pots 3.000 3.000 Yellow (3.000) Rhode Island/Atlantic Pots 3.000 3.000 Yellow (3.000) New Hampshire/Atlantic Pots 3.000 3.000 Yellow (3.000) Connecticut/ Atlantic Pots 3.000 3.000 Yellow (3.000) New York/Atlantic Pots 3.000 3.000 Yellow (3.000) New Jersey/Atlantic Pots 3.000 3.000 Yellow (3.000) Maryland/Atlantic Pots 3.000 3.000 Yellow (3.000) Virginia/Atlantic Pots 3.000 3.000 Yellow (3.000) Maine/Atlantic Pots, Non-FMP 1.000 3.000 Red (1.732) Rhode Island/Atlantic Pots, Non-FMP 1.000 3.000 Red (1.732) New Hampshire/Atlantic Pots, Non-FMP 1.000 3.000 Red (1.732) Connecticut/ Atlantic Pots, Non-FMP 1.000 3.000 Red (1.732) New York/Atlantic Pots, Non-FMP 1.000 3.000 Red (1.732) New Jersey/Atlantic Pots, Non-FMP 1.000 3.000 Red (1.732) Maryland/Atlantic Pots, Non-FMP 1.000 3.000 Red (1.732) Virginia/Atlantic Pots, Non-FMP 1.000 3.000 Red (1.732)

40

Factor 3.1: Harvest Strategy

Scoring Guidelines

Seven subfactors are evaluated: Management Strategy, Recovery of Species of Concern, Scientific Research/Monitoring, Following of Scientific Advice, Enforcement of Regulations, Management Track Record, and Inclusion of Stakeholders. Each is rated as ‘ineffective,’ ‘moderately effective,’ or ‘highly effective.’

• 5 (Very Low Concern)—Rated as ‘highly effective’ for all seven subfactors considered. • 4 (Low Concern)—Management Strategy and Recovery of Species of Concern rated ‘highly effective’ and all other subfactors rated at least ‘moderately effective.’ • 3 (Moderate Concern)—All subfactors rated at least ‘moderately effective.’ • 2 (High Concern)—At minimum, meets standards for ‘moderately effective’ for Management Strategy and Recovery of Species of Concern, but at least one other subfactor rated ‘ineffective.’ • 1 (Very High Concern)—Management exists, but Management Strategy and/or Recovery of Species of Concern rated ‘ineffective.’ • 0 (Critical)—No management exists when there is a clear need for management (i.e., fishery catches threatened, endangered, or high concern species), OR there is a high level of Illegal, unregulated, and unreported fishing occurring.

Factor 3.1 Summary Factor 3.1: Management of fishing impacts on retained species Region / Method Strategy Recovery Research Advice Enforce Track Inclusion Moderately Moderately Moderately Moderately Moderately Highly Maine/Atlantic Pots N/A Effective Effective Effective Effective Effective Effective Massachusetts/Atlantic Moderately Moderately Moderately Moderately Moderately Highly N/A Pots Effective Effective Effective Effective Effective Effective Rhode Island/Atlantic Moderately Moderately Moderately Moderately Moderately Highly N/A Pots Effective Effective Effective Effective Effective Effective New Hampshire/Atlantic Moderately Moderately Moderately Moderately Moderately Highly N/A Pots Effective Effective Effective Effective Effective Effective Connecticut/ Atlantic Moderately Moderately Moderately Moderately Moderately Highly N/A Pots Effective Effective Effective Effective Effective Effective Moderately Moderately Moderately Moderately Moderately Highly New York/Atlantic Pots N/A Effective Effective Effective Effective Effective Effective Moderately Moderately Moderately Moderately Moderately Highly New Jersey/Atlantic Pots N/A Effective Effective Effective Effective Effective Effective Moderately Moderately Moderately Moderately Moderately Highly Maryland/Atlantic Pots N/A Effective Effective Effective Effective Effective Effective Moderately Moderately Moderately Moderately Moderately Highly Virginia/Atlantic Pots N/A Effective Effective Effective Effective Effective Effective

41

Region / Method Strategy Recovery Research Advice Enforce Track Inclusion Maine/Atlantic Pots, Moderately Moderately Highly Ineffective N/A Ineffective Ineffective Non-FMP Effective Effective Effective Rhode Island/Atlantic Moderately Moderately Highly Ineffective N/A Ineffective Ineffective Pots, Non-FMP Effective Effective Effective New Hampshire/Atlantic Moderately Moderately Highly Ineffective N/A Ineffective Ineffective Pots, Non-FMP Effective Effective Effective Connecticut/ Atlantic Moderately Moderately Highly Ineffective N/A Ineffective Ineffective Pots, Non-FMP Effective Effective Effective New York/Atlantic Pots, Moderately Moderately Highly Ineffective N/A Ineffective Ineffective Non-FMP Effective Effective Effective New Jersey/Atlantic Moderately Moderately Highly Ineffective N/A Ineffective Ineffective Pots, Non-FMP Effective Effective Effective Maryland/Atlantic Pots, Moderately Moderately Highly Ineffective N/A Ineffective Ineffective Non-FMP Effective Effective Effective Virginia/Atlantic Pots, Moderately Moderately Highly Ineffective N/A Ineffective Ineffective Non-FMP Effective Effective Effective

An Interstate Fishery Management Plan was implemented for Jonah crab in June 2016, which applied harvest restrictions and permit and reporting requirements. Little information is available on the current state of the Jonah crab resource, or the impact of the fisheries; however, management intends to develop a research strategy to gather this information in the future.

There are few management measures in place for the rock crab fisheries, and there is no coordination between the management of different states at present. Little information is available on the state of the rock crab resource, or the impact of the fisheries, which makes managing the fisheries challenging. But the state of Massachusetts has implemented the measures from the Jonah crab FMP for Atlantic rock crab, resulting in improved management for both species.

Subfactor 3.1.1 – Management Strategy and Implementation

Considerations: What types of management measures are in place? Are there appropriate management goals, and is there evidence that management goals are being met? To achieve a highly effective rating, there must be appropriate management goals, and evidence that the measures in place have been successful at maintaining/rebuilding species.

Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots

Moderately Effective

A management strategy is in effect for the Jonah crab fishery that includes harvest restrictions (including prohibition of retaining egg-bearing females, minimum size limits, and daily and trip limits for 42

non-pot gears) and allowance for adaptive management (ASFMC 2015). Permits are required and limited to those already holding a lobster permit or with proof of participation in the fishery prior to June 2015. There are no current population reference points available and the management plan was implemented too recently to evaluate its success at achieving its goals, so management strategy and implementation are rated “moderately effective.”

Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Ineffective

Rock crab fishery management falls under the jurisdiction of state management agencies and is coordinated by the Atlantic States Marine Fisheries Commission (ASMFC), which also manages the New England lobster fisheries. Currently there are very few management measures in place and no coordination between state management agencies. Rock crab are currently landed in Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Maryland, and Virginia (NMFS 2013), although landings outside of Massachusetts, Rhode Island, and Maine are relatively low. Fishing takes place in both state and federal waters, although it is unclear how fishing effort is distributed between the two.

Different states have implemented different measures in an attempt to manage the crab fisheries (ASMFC 2014a). Seasonal closures exist in Maine and Massachusetts, while the other states allow fishing throughout the year. None of the New England states currently implements minimum landings sizes, although the market demands a minimum size, which is thought to control landing sizes in some areas (ASMFC 2014a). There is a prohibition on the landings of berried females (meaning they are carrying eggs) in Massachusetts; however, no other states have regulations to protect females or spawning individuals. There are daily and trip harvest limits in Maine, but all other states have an unrestricted harvest of rock crab (ASMFC 2014a). Some states limit the amount of gear that can be used on the lobster fishery, but the majority of crabs are landed from the directed fishery and there are currently no limits on the number of traps that can be used by crab fishers (ASMFC 2014a).

The rock crab fisheries have quickly expanded into directed fisheries after several decades of landings as bycatch in the lobster fishery. 43

There are concerns over the lack of management and coordination among states considering the increase in exploitation in this fishery, particularly considering the unknown status of the resource.

Due to the complete lack of management in some states, lack of coordination among states, and the decision not to implement management measures on an expanding fishery when the opportunity was available, Seafood Watch considers the management strategy and implementation for rock crab fisheries in New England to be “ineffective.”

Rationale: Atlantic rock crab fisheries are not recognized as federal commercial fisheries and there is no federal FMP. Additionally, NMFS has determined that there is insufficient biological information to warrant the creation of an FMP for this species (NOAA 2010).

Jonah crab, Maryland/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots

Moderately Effective

A management strategy is in effect for the Jonah crab fishery that includes harvest restrictions (including prohibition of retaining egg-bearing females, minimum size limits, and daily and trip limits) and allowance for adaptive management (ASFMC 2015). There are no current population reference points available and the management plan was implemented too recently to evaluate its success at achieving its goals, so management strategy and implementation are therefore rated “moderately effective.”

Jonah crab, Massachusetts/Atlantic, Pots

Moderately Effective

A management strategy is in effect for the Jonah crab fishery that includes harvest restrictions (including prohibition of retaining egg-bearing females, minimum size limits, and daily and trip limits) and allowance for adaptive management (ASFMC 2015). The state of Massachusetts has also implemented this management strategy for Atlantic rock crab caught in state waters. Permits are required and limited to those already holding a lobster permit or with proof of participation in the fishery prior to June 2015. There are no current population reference points available and the management plan was implemented too recently to evaluate its success at achieving its goals, so management strategy and implementation are therefore rated “moderately effective.” 44

Subfactor 3.1.2 – Recovery of Species of Concern

Considerations: When needed, are recovery strategies/management measures in place to rebuild overfished/threatened/endangered species or to limit fishery’s impact on these species and what is their likelihood of success? To achieve a rating of Highly Effective, rebuilding strategies that have a high likelihood of success in an appropriate timeframe must be in place when needed, as well as measures to minimize mortality for any overfished/threatened/ endangered species.

Jonah Crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

N/A

There are no stocks of concern retained in the Jonah and rock crab fisheries.

45

Subfactor 3.1.3 – Scientific Research and Monitoring

Considerations: How much and what types of data are collected to evaluate the health of the population and the fishery’s impact on the species? To achieve a Highly Effective rating, population assessments must be conducted regularly and they must be robust enough to reliably determine the population status.

Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots

Moderately Effective

There are no official range-wide stock assessments for Jonah crab, but the ASFMC considers a stock assessment a high priority need for the future (ASFMC 2015). Attempts to assess Jonah crab have been made in Maine (Reardon 2006) and Rhode Island (RIDEM 2012); however, there are uncertainties associated with these assessments (see detailed Rationale). The Jonah Crab Technical Committee plans to review stock assessment development once data are gathered and to forward recommendations to the Management Board. The Jonah Crab Stock Assessment Subcommittee will meet every 5 years to review, update, and perform benchmark stock assessments. The FMP requires coast-wide reporting and fishery-dependent sampling, with 100% dealer and harvester reporting. State and federal agencies collect port/sea landings information including carapace width, sex, discards, egg-bearing status, cull status, shell hardness, and whether landings are whole or crab parts. The Jonah Crab Plan Review Team will review implementation of the management program annually and prioritize research needs.

There is very little published fishery-dependent or -independent research, although a research strategy is being developed as part of the recent Fishery Management Plan. Massachusetts, Maine, and New Hampshire perform trawl surveys in inshore waters to monitor finfish stocks, and these surveys also encounter Cancer crabs, but data are minimal. NOAA conducts trawl surveys in federal waters and collects data on Cancer crab abundance; however, these data have yet to be analyzed (ASMFC 2014a). Due to the moderate level of monitoring in place and the uncertainty associated with this information, Seafood Watch considers research and monitoring of the New England crab fisheries to be “moderately effective.”

Rationale: Rhode Island Department of Environmental Management performed a stock assessment for Cancer crabs in their region (RIDEM 2012) and found that the exploitation rate was higher than estimates for

UMSY (exploitation rate at maximum sustainable yield). But at that time, biomass was estimated to be 46

above BMSY (biomass at maximum sustainable yield), meaning that overfishing was occurring but that stocks had yet to reach an overfished state. There is considerable uncertainty with this determination, because the majority of fishing in the Rhode Island region takes place in federal waters (ASMFC 2014a).

In 2006, the Cancer crab stocks in Maine were assessed by Reardon (Reardon 2006) using trawl survey data. There are a number of uncertainties and assumptions relating to the data and the models used to estimate abundance, including a lack of hard evidence to support assumptions relating to biological characteristics (such as natural mortality and behavior of crabs); these uncertainties and assumptions may alter the effectiveness of the fishing method and trawl surveys (Reardon 2006).

Jonah crab, Maine/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Ineffective

There are no official stock assessments for Atlantic rock crab. Although landings are recorded at the species level, there is significant uncertainty in the data, such that some states will not publicly report species-specific landings (pers. comm., Wilson 2014). The uncertainty is created by the interchangeable names; for example, in some areas the term “rock crab” is used to describe Cancer borealis (pers. comm., Taylor 2014) (ASMFC 2014a).

There is little fishery-dependent or -independent published research on rock crab. Massachusetts, Maine, and New Hampshire perform trawl surveys in inshore waters to monitor finfish stocks, and these surveys also encounter Cancer crabs, but data are minimal. NOAA conducts trawl surveys in federal waters and collects data on Cancer crab abundance; however, these data have yet to be analyzed (ASMFC 2014a). There is limited monitoring of crab stocks associated with the typical dockside and at- sea monitoring that occurs in the region. Due to the minimal level of research and monitoring in place and the uncertainty associated with this information, Seafood Watch considers research and monitoring of the Atlantic rock crab fisheries to be “ineffective.”

Rationale: Rhode Island Department of Environmental Management performed a stock assessment for Cancer crabs in their region (RIDEM 2012) and found that the exploitation rate was higher than estimates for

UMSY (exploitation rate at maximum sustainable yield). But at that time, biomass was estimated to be above BMSY (biomass at maximum sustainable yield), meaning that overfishing was occurring but that 47

stocks had yet to reach an overfished state. There is considerable uncertainty with this determination, because the majority of fishing in the Rhode Island region takes place in federal waters (ASMFC 2014a).

In 2006, the Cancer crab stocks in Maine were assessed by Reardon (Reardon 2006) using trawl survey data. There are a number of uncertainties and assumptions relating to the data and the models used to estimate abundance, including a lack of hard evidence to support assumptions relating to biological characteristics (such as natural mortality and behavior of crabs); these uncertainties and assumptions may alter the effectiveness of the fishing method and trawl surveys (Reardon 2006).

Atlantic rock crab, Massachusetts/Atlantic, Pots Jonah crab, Massachusetts/Atlantic, Pots

Moderately Effective

There are no official range-wide stock assessments for Jonah crab, but the ASFMC considers a stock assessment a high priority need for the future (ASFMC 2015). Attempts to assess Jonah crab have been made in Maine (Reardon 2006) and Rhode Island (RIDEM 2012); however, there are uncertainties associated with these assessments (see detailed Rationale). The Jonah Crab Technical Committee plans to review stock assessment development once data are gathered and to forward recommendations to the Management Board. The Jonah Crab Stock Assessment Subcommittee will meet every 5 years to review, update, and perform benchmark stock assessments. The FMP requires coast-wide reporting and fishery-dependent sampling, with 100% dealer and harvester reporting. State and federal agencies collect port/sea landings information including carapace width, sex, discards, egg-bearing status, cull status, shell hardness, and whether landings are whole or crab parts. The Jonah Crab Plan Review Team will review implementation of the management program annually and prioritize research needs.

There is little published fishery-dependent or -independent research, although a research strategy is being developed as part of the recent Fishery Management Plan. Massachusetts, Maine, and New Hampshire perform trawl surveys in inshore waters to monitor finfish stocks, and these surveys also encounter Cancer crabs, but data are minimal. NOAA conducts trawl surveys in federal waters and collects data on Cancer crab abundance; however, these data have yet to be analyzed (ASMFC 2014a). Due to the moderate level of monitoring in place and the uncertainty associated with this information, Seafood Watch considers research and monitoring of the New England crab fisheries to be “moderately effective.” Because the state of Massachusetts has implemented the Jonah crab FMP for Atlantic rock crab, we apply the same score to both species for this factor.

Rationale: Rhode Island Department of Environmental Management performed a stock assessment for Cancer crabs in their region (RIDEM 2012) and found that the exploitation rate was higher than estimates for

UMSY (exploitation rate at maximum sustainable yield). But at that time, biomass was estimated to be above BMSY (biomass at maximum sustainable yield), meaning that overfishing was occurring but that 48

stocks had yet to reach an overfished state. There is considerable uncertainty with this determination, because the majority of fishing in the Rhode Island region takes place in federal waters (ASMFC 2014a).

In 2006, the Cancer crab stocks in Maine were assessed by Reardon (Reardon 2006) using trawl survey data. There are a number of uncertainties and assumptions relating to the data and the models used to estimate abundance, including a lack of hard evidence to support assumptions relating to biological characteristics (such as natural mortality and behavior of crabs); these uncertainties and assumptions may alter the effectiveness of the fishing method and trawl surveys (Reardon 2006).

Subfactor 3.1.4 – Management Record of Following Scientific Advice

Considerations: How often (always, sometimes, rarely) do managers of the fishery follow scientific recommendations/advice (e.g., do they set catch limits at recommended levels)? A Highly Effective rating is given if managers nearly always follow scientific advice.

Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots

Moderately Effective

There has been little scientific research upon which managers could act, although the development of an FMP by ASMFC is a positive sign that managers are listening to the advice that has been presented. Based on the action that has been taken by ASFMC to develop an FMP, Seafood Watch considers this factor to be “moderately effective.”

49

Jonah crab, Maine/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Ineffective

There has been little scientific research upon which managers could act. But based on the lack of action after concerns were raised about recent increases in targeted fishing pressure for rock crab, Seafood Watch considers this factor to be “ineffective.”

Atlantic rock crab, Massachusetts/Atlantic, Pots Jonah crab, Massachusetts/Atlantic, Pots

Moderately Effective

There has been little scientific research upon which managers could act, although the development of an FMP by ASMFC is a positive sign that managers are listening to the advice that has been presented. Based on the action that has been taken by ASFMC to develop an FMP, Seafood Watch considers this factor to be “moderately effective.” Because the state of Massachusetts has implemented the Jonah crab FMP for Atlantic rock crab, both managements of the two species receive the same score for this factor.

50

Subfactor 3.1.5 – Enforcement of Management Regulations

Considerations: Do fishermen comply with regulations, and how is this monitored? To achieve a Highly Effective rating, there must be regular enforcement of regulations and verification of compliance.

Highly Effective rating is given if managers nearly always follow scientific advice.

Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots

Moderately Effective

The FMP requires all states to include law enforcement capabilities that are adequate to implement regulations (ASFMC 2015). State enforcement will be monitored annually and reported by the ASMFC Law Enforcement Committee to the Jonah Crab Plan Review Team beginning with the 2017 calendar year. Seafood Watch considers enforcement to be “moderately effective.” The lack of evidence demonstrating effective management prevents the highest score from being achieved.

Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Moderately Effective

There is limited legislation that can be enforced, but there are enforcement officers on the water and dockside and it is expected that there is effective enforcement in place. Seafood Watch considers enforcement to be moderately “effective.” The lack of evidence demonstrating effective management prevents the highest score from being achieved.

51

Subfactor 3.1.6 – Management Track Record

Considerations: Does management have a history of successfully maintaining populations at sustainable levels or a history of failing to maintain populations at sustainable levels? A Highly Effective rating is given if measures enacted by management have been shown to result in the long-term maintenance of species overtime.

Effective rating is given if managers nearly always follow scientific advice.

Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots

Moderately Effective

The measures enacted by management in the FMP implemented in June 2016 have not been in place long enough to evaluate effectiveness, therefore tracking is scored as “moderately effective.”

Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Moderately Effective

There is little management in place for a fishery that has expanded considerably in recent years. Due to the lack of management and the uncertainty in stock status, Seafood Watch considers the track record to be uncertain and therefore is scored as “moderately effective.”

52

Subfactor 3.1.7 – Stakeholder Inclusion

Considerations: Are stakeholders involved/included in the decision-making process? Stakeholders are individuals/groups/organizations that have an interest in the fishery or that may be affected by the management of the fishery (e.g., fishermen, conservation groups, etc.). A Highly Effective rating is given if the management process is transparent and includes stakeholder input.

Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots

Highly Effective

Stakeholder input is included in the management process (ASFMC 2015). The recent FMP was developed with consideration of information provided by the multi-stakeholder FIP (fishery improvement project). This group included members of the lobster industry, state agencies, academia, fishers, and seafood retailers. The Lobster Management Board also obtained public comment on the FMP in development stages.

Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Highly Effective

Development of management measures has been limited so it is difficult to determine how inclusive this process is. An FMP has been developed through an ASMFC process, and an FIP has also been established, therefore a good level of stakeholder involvement and inclusion based on similar ASMFC processes and FIPs would be expected. Through the FMP development process, the ASFMC has formed a Jonah Crab Advisory Panel (ASMFC 2014b); such panels typically include a wide range of stakeholders, 53

including commercial and recreational fishers, processors, conservation groups, and fishery managers. Seafood Watch considers stakeholder inclusion to be “highly effective.”

Bycatch Strategy

Factor 3.2: Management of fishing impacts on bycatch species Region / Method All Kept Critical Strategy Research Advice Enforce Moderately Moderately Highly Moderately Maine/Atlantic Pots No No Effective Effective Effective Effective Moderately Moderately Highly Moderately Massachusetts/Atlantic Pots No No Effective Effective Effective Effective Moderately Moderately Highly Moderately Rhode Island/Atlantic Pots No No Effective Effective Effective Effective Moderately Moderately Highly Moderately New Hampshire/Atlantic Pots No No Effective Effective Effective Effective Moderately Moderately Highly Moderately Connecticut/ Atlantic Pots No No Effective Effective Effective Effective Moderately Moderately Highly Moderately New York/Atlantic Pots No No Effective Effective Effective Effective Moderately Moderately Highly Moderately New Jersey/Atlantic Pots No No Effective Effective Effective Effective Moderately Moderately Highly Moderately Maryland/Atlantic Pots No No Effective Effective Effective Effective Moderately Moderately Highly Moderately Virginia/Atlantic Pots No No Effective Effective Effective Effective Moderately Moderately Highly Moderately Maine/Atlantic Pots, Non-FMP No No Effective Effective Effective Effective Rhode Island/Atlantic Pots, Non- Moderately Moderately Highly Moderately No No FMP Effective Effective Effective Effective New Hampshire/Atlantic Pots, Moderately Moderately Highly Moderately No No Non-FMP Effective Effective Effective Effective Connecticut/ Atlantic Pots, Non- Moderately Moderately Highly Moderately No No FMP Effective Effective Effective Effective Moderately Moderately Highly Moderately New York/Atlantic Pots, Non-FMP No No Effective Effective Effective Effective New Jersey/Atlantic Pots, Non- Moderately Moderately Highly Moderately No No FMP Effective Effective Effective Effective Moderately Moderately Highly Moderately Maryland/Atlantic Pots, Non-FMP No No Effective Effective Effective Effective Moderately Moderately Highly Moderately Virginia/Atlantic Pots, Non-FMP No No Effective Effective Effective Effective

54

There is little to no quantitative information available regarding composition and management of bycatch in the Jonah and rock crab fisheries. Trap gear is highly selective and incidental bycatch is considered low. There are no known concerns with bycatch in the Jonah and rock crab fisheries.

There is a risk of interactions with marine mammals in pots and traps used in the crab fishery. Trap gear is officially determined to be of entanglement risk to humpback and fin whales, so NMFS classified the New England crab fishery as a Category II fishery (meaning there is occasional incidental mortality and injury of marine mammals associated with this fishery). Though it is difficult to determine the scale of risk associated with the crab fishery, Seafood Watch does consider there to be some level of risk due to the use of similar gear and the spatial and temporal overlap between the fisheries and whales. As Category II fisheries, participants are required to comply with any take-reduction plans that are applicable.

Subfactor 3.2.1 – Management Strategy and Implementation

Considerations: What type of management strategy/measures are in place to reduce the impacts of the fishery on bycatch species and how successful are these management measures? To achieve a Highly Effective rating, the primary bycatch species must be known and there must be clear goals and measures in place to minimize the impacts on bycatch species (e.g., catch limits, use of proven mitigation measures, etc.).

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

55

Moderately Effective

The primary bycatch concerns associated with trap fisheries in the Northwest Atlantic are interactions with marine mammals. Humpback and fin whales are endangered species that are protected under the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA), so management measures must be in place in order to comply with protection. As mandated by the 1994 amendments to the ESA and MMPA, NMFS developed the Atlantic Large Whale Take Reduction Plan (ALWTRP) in order to reduce mortality and serious injury to North Atlantic right, humpback, and fin whales in U.S. commercial fisheries (especially gillnet and trap fisheries) (ALWTRT 2011). The initial goals of the ALWTRP were to reduce entanglement-related serious injuries and mortalities of right, humpback, and fin whales to zero mortality (10% of PBR) and serious injuries within 5 years of implementation. The regulations under the ALWTRP consist of a combination of gear modifications and area closures (ALWTRT 2011).

Since the implementation of the ALWTRP in 1997, it has undergone several modifications in order to meet both short-term and long-term goals. These modifications have included gear restrictions and area closures. In 2007, NMFS approved a final rule implementing broad-based gear modification strategy that included expanded weak link and sinking ground line requirements, changes in management boundaries, seasonal restrictions for gear modifications, expanded exempted areas, and changes in regulatory language for clarification and consistency (ALWTRT 2011). Despite the best efforts from ALWTRP and the cooperation and compliance of the fishers, the main threats to both humpback and fin whales continue to be entanglements in fishing gear and ship strikes (Waring et al. 2014). Between 2007 and 2011, the minimum annual mortality and serious injury rates of humpback whales was 11.95 per year, and for fin whales was 3.7 per year (Waring et al. 2014). Thus, 15 years after the implementation of ALWTRP, the mortality and serious injury rates have been reduced by management measures but have not reach zero mortality. The management strategy and implementation is therefore ranked as “moderately effective.”

Subfactor 3.2.2 – Scientific Research and Monitoring

Considerations: Is bycatch in the fishery recorded/documented and is there adequate monitoring of bycatch to measure fishery’s impact on bycatch species? To achieve a Highly Effective rating, assessments must be conducted to determine the impact of the fishery on species of concern, and an adequate bycatch data collection program must be in place to ensure bycatch management goals are being met.

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots 56

Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Moderately Effective

There is little to no data collection on bycatch and discarding in the crab fishery, although traps and pots are considered relatively selective and of low concern. Of greater concern is the possible interaction with large marine mammals. Under the Marine Mammal Protection Act, each fisher taking part in a listed fishery is required to report any incidental encounters with protected species, to accommodate observers when requested, and to adhere to all relevant take-reduction plans (NMFS 2014b). Currently, there is no monitoring of marine mammal interactions in the Jonah and rock crab fisheries (NMFS 2014a).

In order to monitor the efficacy of the ALWTRP regulations currently in place, the two best available indicators are serious injury and mortality, as well as the frequency of large whale entanglements that are either observed or reported (ALWTRT 2011). Based on the requirement to report interactions with protected marine mammals and the low concerns associated with crab gear, Seafood Watch considers research and monitoring of bycatch species to be “moderately effective.”

Rationale

Due to the lack of comprehensive and reliable data regarding large whale/fishery interactions, monitoring the ALWTRP is challenging. Three of the bigger challenges are 1) large whale entanglements are often not witnessed or documented by observers or fishers (ALWTRT 2011); 2) even if fishing gear is recovered from an entanglement incident, it is often difficult to identify or attribute a particular gear type, gear component, fishery, or geographic region (ALWTRT 2011); and 3) typically, the data that are necessary for effective monitoring of the ALWTRP encompass many regulated fisheries spanning a large geographic range along the U.S. East Coast (ALWTRT 2011).

Despite these challenges, the ALWTRP continues to develop and modify their monitoring strategies in the hopes that both the short- and long-term goals set forth by the MMPA can be met. One of the ways to measure the effectiveness of the ALWTRP involves comparing the most recent estimated annual serious injury and mortality of right, humpback, and fin whales to the respective levels of their PBR and 57

Zero Mortality Rate Goal (ZMRG) (ALWTRT 2011). This comparison, on an annual basis, is important because it can determine the effectiveness of ALWTRP regulations, enforcement, and education/ outreach efforts, and it serves as an indicator of compliance levels (NOAA 2012a). The most recent PBR estimates (July 2014) for the Gulf of Maine humpback whale is 2.7 whales, and for the fin whale is 5.6 whales (Waring et al. 2014). These estimates indicate that conservation of these species continues to be a priority (ALWTRT 2011).

Subfactor 3.2.3 – Management Record of Following Scientific Advice

Considerations: How often (always, sometimes, rarely) do managers of the fishery follow scientific recommendations/advice (e.g., do they set catch limits at recommended levels)? A Highly Effective rating is given if managers nearly always follow scientific advice.

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Highly Effective

There is no indication that scientific advice is not being followed or incorporated in any region because they have worked to reduce entanglements. Therefore, this is ranked as “highly effective.”

58

Subfactor 3.2.4 – Enforcement of Management Regulations

Considerations: Is there a monitoring/enforcement system in place to ensure fishermen follow management regulations and what is the level of fishermen’s compliance with regulations? To achieve a Highly Effective rating, there must be consistent enforcement of regulations and verification of compliance.

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Moderately Effective

The level of enforcement of compliance with ALWTRP regulations by the New England fisheries is carried out by the NMFS office of Protected Resources (PRD), NOAA’s Office of Law Enforcement (OLE), and marine patrols of each state. The level of enforcement by individual states varies, although states do carry out enforcement of fisheries activities both dockside and within state waters. Additionally, state law enforcement agencies work with the United States Coast Guard (USCG) and NMFS in federal waters (NMFS 2011). But due to the importance of protection of right whale populations and the low level of willingness to address the issue in the emerging crab fisheries, there is need for greater enforcement. Therefore, it is ranked as “moderately effective.”

59

Criterion 4: Impacts on the habitat and ecosystem

This Criterion assesses the impact of the fishery on seafloor habitats, and increases that base score if there are measures in place to mitigate any impacts. The fishery’s overall impact on the ecosystem and food web and the use of ecosystem-based fisheries management (EBFM) principles is also evaluated. Ecosystem Based Fisheries Management aims to consider the interconnections among species and all natural and human stressors on the environment.

The final score is the geometric mean of the impact of fishing gear on habitat score (plus the mitigation of gear impacts score) and the Ecosystem Based Fishery Management score. The Criterion 2 rating is determined as follows:

• Score >3.2=Green or Low Concern • Score >2.2 and <=3.2=Yellow or Moderate Concern • Score <=2.2=Red or High Concern Rating cannot be Critical for Criterion 4.

Criterion 4 Summary

Gear Type and Mitigation of Region / Method EBFM Overall Recomm. Substrate Gear Impacts 3.00:Low 0.25:Minimal 3.00:Moderate Maine/Atlantic Pots Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate Massachusetts/Atlantic Pots Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate Rhode Island/Atlantic Pots Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate New Hampshire/Atlantic Pots Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate Connecticut/ Atlantic Pots Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate New York/Atlantic Pots Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate New Jersey/Atlantic Pots Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate Maryland/Atlantic Pots Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate Virginia/Atlantic Pots Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate Maine/Atlantic Pots, Non-FMP Yellow (3.123) Concern Mitigation Concern Rhode Island/Atlantic Pots, Non- 3.00:Low 0.25:Minimal 3.00:Moderate Yellow (3.123) FMP Concern Mitigation Concern

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Gear Type and Mitigation of Region / Method EBFM Overall Recomm. Substrate Gear Impacts New Hampshire/Atlantic Pots, Non- 3.00:Low 0.25:Minimal 3.00:Moderate Yellow (3.123) FMP Concern Mitigation Concern Connecticut/ Atlantic Pots, Non- 3.00:Low 0.25:Minimal 3.00:Moderate Yellow (3.123) FMP Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate New York/Atlantic Pots, Non-FMP Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate New Jersey/Atlantic Pots, Non-FMP Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate Maryland/Atlantic Pots, Non-FMP Yellow (3.123) Concern Mitigation Concern 3.00:Low 0.25:Minimal 3.00:Moderate Virginia/Atlantic Pots, Non-FMP Yellow (3.123) Concern Mitigation Concern

Jonah and Atlantic rock crab are almost exclusively fished with trap gear, and it is generally accepted that traps have a moderate to low impact on benthic habitats. There are potential concerns with the volume of traps and pots being used in the New England region, and the impact on the environment may be underestimated. But the majority of the traps are being used to target lobster and are not considered in the scope of this assessment when considering the impact of the crab fisheries.

Justification of Ranking

Factor 4.1 – Impact of Fishing Gear on the Habitat/Substrate

Scoring Guidelines

• 5 (None)—Fishing gear does not contact the bottom • 4 (Very Low)—Vertical line gear • 3 (Low)—Gears that contacts the bottom, but is not dragged along the bottom (e.g., gillnet, bottom longline, trap) and is not fished on sensitive habitats. Bottom seine on resilient mud/sand habitats. Midwater trawl that is known to contact bottom occasionally • 2 (Moderate)—Bottom dragging gears (dredge, trawl) fished on resilient mud/sand habitats. Gillnet, trap, or bottom longline fished on sensitive boulder or coral reef habitat. Bottom seine except on mud/sand • 1 (High)—Hydraulic clam dredge. Dredge or trawl gear fished on moderately sensitive habitats (e.g., cobble or boulder) • 0 (Very High)—Dredge or trawl fished on biogenic habitat, (e.g., deep-sea corals, eelgrass, and maerl) Note: When multiple habitat types are commonly encountered, and/or the habitat classification is uncertain, the score will be based on the most sensitive, plausible habitat type. 61

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Low Concern

The Jonah and Atlantic rock crab trap/pot fisheries are carried out on a variety of benthic habitats, including complex, hard rocky bottoms and mud, sand, and gravel bottoms. Although single traps are generally accepted as low impact gear, the sheer volume of traps being fished can have cumulative effects on bottom habitats (Smolowitz 1998). The impact of the crab fishery is considered a "low” concern.

Rationale: It is generally accepted that pots and traps have relatively little impact on benthic habitats and communities where they are fished (NMFS 2011). Traps are also deployed on a variety of different substrates, depending on whether the substrates are inshore or offshore. The inshore substrate is a rougher, rockier substrate than the offshore bottom substrate, which is generally smoother (mud, sand, or cobble). Inshore fisheries tend to deploy single traps because the risk of lines and traps snagging on the bottom is high. Offshore, 3 to 40 pot trawls are often fished because of the smoother, flatter substrate. Traps are normally dropped onto the ocean floor and allowed to “soak” for a day or so before being hauled to the surface. Though single traps are considered fairly innocuous, the extremely high number of traps being fished, dropped, and hauled to the surface multiple times have a scouring effect on the benthic habitat (Smolowitz 1998) that results in the scraping of epifaunal organisms (Smolowitz 1998). The effect on the benthic habitat of thousands on traps being fished every year is referred to as “cumulative effect” (Smolowitz 1998).

62

Factor 4.2 – Mitigation of Gear Impacts

Scoring Guidelines

• +1 (Strong Mitigation)—Examples include large proportion of habitat protected from fishing (>50%) with gear, fishing intensity low/limited, gear specifically modified to reduce damage to seafloor and modifications shown to be effective at reducing damage, or an effective combination of ‘moderate’ mitigation measures. • +0.5 (Moderate Mitigation)—20% of habitat protected from fishing with gear or other measures in place to limit fishing effort, fishing intensity, and spatial footprint of damage caused from fishing. • +0.25 (Low Mitigation)—A few measures are in place (e.g., vulnerable habitats protected but other habitats not protected); there are some limits on fishing effort/intensity, but not actively being reduced. • 0 (No Mitigation)—No effective measures are in place to limit gear impacts on habitats.

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Minimal Mitigation

Trap gear is generally considered to have a low impact on benthic habitats compared to mobile gear, and it is thought that the habitats are less vulnerable to damage by trap gear. Although both NMFS and ASMFC have measures in place to control fishing effort in the region, there is no specific mitigation of gear impacts on benthic habitats for the Jonah and Atlantic rock crab fishery (Wilson 2012). For this reason, the fishery is deemed to have "minimal” mitigation. 63

Rationale: Currently, there are no gear mitigation efforts in the crab fishery in New England. However, there is evidence that continual hauling and setting of gear plus the sheer amount of gear being fished have a cumulative effect on benthic habitats (Smolowitz 1998). Under U.S. fisheries legislation, it is required that essential fish habitat be identified and protected by fisheries management plans (Bannister et al. 2013). To date, crab fisheries have not been subjected to restrictions for protection of essential fish habitat identified for other fisheries by the New England Fisheries Management Council (NEFMC) (Bannister et al. 2013). As part of the current revision of the 1999 EFH Omnibus Amendment I (NEFMC 2011), a review of the impacts of different fishing gears on fish habitat suggested that trap gear have low impact on fish habitats. But if trap fisheries are found to be harmful to essential fish habitat, restrictions could be implemented (Bannister et al. 2013).

Factor 4.3 – Ecosystem-Based Fisheries Management

Scoring Guidelines

• 5 (Very Low Concern)—Substantial efforts have been made to protect species’ ecological roles and ensure fishing practices do not have negative ecological effects (e.g., large proportion of fishery area is protected with marine reserves, and abundance is maintained at sufficient levels to provide food to predators). • 4 (Low Concern)—Studies are underway to assess the ecological role of species and measures are in place to protect the ecological role of any species that plays an exceptionally large role in the ecosystem. Measures are in place to minimize potentially negative ecological effect if hatchery supplementation or fish aggregating devices (FADs) are used. • 3 (Moderate Concern)—Fishery does not catch species that play an exceptionally large role in the ecosystem, or if it does, studies are underway to determine how to protect the ecological role of these species, OR negative ecological effects from hatchery supplementation or FADs are possible and management is not place to mitigate these impacts. • 2 (High Concern)—Fishery catches species that play an exceptionally large role in the ecosystem and no efforts are being made to incorporate their ecological role into management. • 1 (Very High Concern)—Use of hatchery supplementation or fish aggregating devices (FADs) in the fishery is having serious negative ecological or genetic consequences, OR fishery has resulted in trophic cascades or other detrimental impacts to the food web.

64

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Moderate Concern

Although North Atlantic right and humpback whales are technically not caught in lobster traps as part of the overall catch, they are known to interact with trap and pot fisheries in the New England region. The ALWTRP is in effect and has resulted in significant gear modifications in order to reduce large whale entanglements in lobster gear and other fishing gear. Additionally, the impact of the fishery on populations of Jonah and Atlantic rock crabs is not well documented or understood, although there is some information on landings. This may be one of the key uncertainties with respect to ecosystem impacts of the fishery. These Cancer species are common components of coastal communities and may have a role in structuring these ecosystems as predators and as prey (Bannister et al. 2013). Their relative importance in coastal ecosystems has increased in the past decade with the decline in green sea urchins (Bannister et al. 2013) (Steneck 2004) (Leland 2002).

In terms of fully assessing the ecological impacts of the fishery, there are no extensive measures in place and little research exists to support an ecosystem approach to management. It is unknown whether Jonah and Atlantic rock crab are exceptional species, although similar species exist within the region. Therefore, the lack of ecosystem management and research is considered a “moderate” conservation concern.

65

Acknowledgements Scientific review does not constitute an endorsement of the Seafood Watch® program, or its seafood recommendations, on the part of the reviewing scientists. Seafood Watch® is solely responsible for the conclusions reached in this report.

Seafood Watch would like to thank two anonymous reviewers for graciously reviewing this report for scientific accuracy. 66

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Appendix A

AMERICAN LOBSTER

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

High

American lobster is considered to have high inherent vulnerability.

Rationale:

Table 3. Inherent resilience of American lobster. 75

Factor 2.2 - Stock Status

Scoring Guidelines (same as Factor 1.2 above)

Jonah Crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP

Low Concern

Crab fisheries in Maine, New Hampshire, and Massachusetts catch lobsters from the Gulf of Maine and Georges Bank stocks. The Georges Bank (GBK) stock is in favorable condition and, based on the last ASMFC assessment (ASMFC 2009), the abundance of the stock is high. The reference abundance* in Georges Bank remained relatively consistent between 1.5 and 2 million from 1982 to 1999, with the abundance threshold from 2005 to 2007 calculated at 1.9 million. Total reference abundance began to increase in 2002. Abundance began to decline from 2005 to 2007 (about 33%) but remained relatively high in 2007 (Figure 3) (ASMFC 2009). But some uncertainties exist about the appropriate biological reference points (Zhang, Chen and Wilson 2011).

The GOM stock is considered healthy because the reference abundance is above the threshold (ASMFC 2009). The reference abundance in the GOM increased steadily from 1982 to 2000, then declined slightly, followed by an increase to record levels in 2005. After 2005, reference abundance declined but is still above the 1982–2003 median (threshold). But some uncertainties exist about appropriate biological reference points (Zhang, Chen and Wilson 2011).

Because both lobster stocks caught in these fisheries are considered to have healthy abundance but there are uncertainties in the biological reference points used by fishery managers, we consider lobster abundance to be a “low” conservation concern.

Rationale:

The most current American lobster stock assessment does not use BMSY as a way to assess stock status. Using abundance and effective exploitation models as well as non–model-based stock indicators, it was determined that the GOM American lobster stock abundance, spawning stock biomass, and recruitment are high and the stock is considered healthy (ASMFC 2009).* The GOM stock is considered healthy because the reference abundance is above the threshold (ASMFC 2009). The reference abundance in the GOM increased steadily from 1982 to 2000, then declined slightly, followed by an increase to record levels in 2005. After 2005, reference abundance declined but is still above the 1982–2003 median (threshold).

76

* Reference abundance is calculated as the actual number of lobsters that are 78+ mm CL (carapace length) on January 1st plus the number of lobsters that will recruit or molt to that length during the year. The 78 mm CL was chosen because it is the lower end of 78–82 mm CL that is used in the assessment model that contains the lowest minimum legal size of 81 mm CL (ASMFC 2009).

Figure 3. Total reference abundance (number of individuals) of American lobster in Georges Bank 1982–2007 (ASMFC 2009).

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Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

High Concern

The Southern New England stock is in poor condition. The reference abundance of the stock is below the 1984–2003 threshold. As has been well documented, the SNE stock suffered severe population declines beginning in 1997 (Figure 4) (ASMFC 2009) (ASMFC 2010a) partly due to shell disease (ASMFC 2009) (ASMFC 2010b). Since 2004, abundance levels have stabilized somewhat but continue to be well below the 1984–2003 threshold (ASMFC 2009) (ASMFC 2010b). Because the Southern New England American lobster stock has been below threshold levels abundance for several years, the stock is considered depleted (ASMFC 2009).

Rationale:

Figure 4. Total reference abundance of American lobster in Southern New England 1982–2007 (ASMFC 2009). 78

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

Jonah crab, Maine/Atlantic, Pots Jonah crab, Massachusetts/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots Non-FMP

Low Concern

Recent effective exploitation** (2005–2007) on American lobster in Georges Bank is 0.3, which is below the effective exploitation threshold of 0.51 (Figure 5) (ASMFC 2009); therefore, fishing levels are considered sustainable.

In the Gulf of Maine, the annual effective exploitation** rates remained fairly constant between 1982 and 2007, hovering around the threshold of 0.49 (the median between 1982 and 2003), and was slightly below the threshold in 2007 (0.48) (Figure 6) (ASMFC 2009).

Fishing mortality is deemed “low” concern because it is below the threshold reference points in both the Gulf of Maine and Georges Bank.

Rationale: In Georges Bank, the annual effective exploitation rates are at record lows. Since 1994, the annual effective exploitation rates have declined steadily and have since remained below the 1982–2005 threshold. The recent mean effective exploitation rate for 2005–2007 is 0.3 (Figure 5) (ASMFC 2009).

**Effective exploitation is defined as the annual catch in numbers divided by the reference abundance (ASMFC 2009). In 2010, new reference points for both abundance and effective exploitation were defined and will be implemented for the next American lobster stock assessment. But for the current report, these updated reference points do not change the current status of the American lobster assessment or the scores for this report. The new effective exploitation reference points are such that a stock is considered to be below the threshold and overfishing is occurring if model abundance is below the 25th percentile relative to the 1982/84–2003 reference period. A stock is considered to be healthy if abundance is at or greater than the 75th percentile (ASMFC 2010c). 79

Figure 5. Annual effective exploitation rates of American lobster in Georges Bank 1982–2007 (ASMFC 2009).

Figure 6. Annual effective exploitation rates of American lobster in the Gulf of Maine 1982–2007 (ASMFC 2009).

80

Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

Moderate Concern

The Southern New England American lobster stock is depleted; however, there are conflicting models that make it difficult to ascertain if overfishing is occurring, and uncertainty about whether the fishery contributes to continued stock declines and depleted status. But based on the recent (2005–2007) effective exploitation of 0.32, the stock is below the threshold and thus not experiencing overfishing, despite the fact that it is depleted (ASMFC 2009). The uncertainty surrounding the stock assessment results in a more conservative ranking of “moderate” concern.

Rationale: From 1982–2002, the effective exploitation rate in SNE remained fairly constant before declining to record lows; it remains low and below the management threshold (Figure 7).

Figure 7. Annual effective exploitation rates of American lobster in Southern New England 1982–2007 (ASMFC 2009). 81

Factor 2.4 - Discard Rate

Jonah Crab, Massachusetts/Atlantic, Pots Jonah crab, Maine/Atlantic, Pots Jonah crab, Rhode Island/Atlantic, Pots Jonah crab, New Hampshire/Atlantic, Pots Jonah crab, Connecticut/Atlantic, Pots Jonah crab, New York/Atlantic, Pots Jonah crab, New Jersey/Atlantic, Pots Jonah crab, Maryland/Atlantic, Pots Jonah crab, Virginia/Atlantic, Pots Atlantic rock crab, Massachusetts/Atlantic, Pots Atlantic rock crab, Maine/Atlantic, Pots, Non-FMP Atlantic rock crab, Rhode Island/Atlantic, Pots, Non-FMP Atlantic rock crab, New Hampshire/Atlantic, Pots, Non-FMP Atlantic rock crab, Connecticut/Atlantic, Pots, Non-FMP Atlantic rock crab, New York/Atlantic, Pots, Non-FMP Atlantic rock crab, New Jersey/Atlantic, Pots, Non-FMP Atlantic rock crab, Maryland/Atlantic, Pots, Non-FMP Atlantic rock crab, Virginia/Atlantic, Pots, Non-FMP

< 20%

Discarding from crab pots and traps is believed to be minimal, with the majority of discards being returned live with a high post-release survival rate.

The volume of bait used relative to the volume of crab landed varies throughout the season but is believed to be between 25% and 50%. The fishing industry in New England uses processing byproducts and frames/racks to bait their crab traps, so no additional pressure is placed on natural resources to provide bait for the fishery. Typically, frames from cod, haddock, and salmon are used (pers. comm., Grossman 2014).

Based on the low level of discards and the use of byproducts for bait, Seafood Watch considers the discard and bait use rate to be negligible relative to landings.