US Atlantic-Flatfish

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Atlantic Flatfish American plaice (Hippoglossoides platessoides) Atlantic halibut (Hippoglossus hippoglossus) Blackback (Pseudopleuronectes americanus) Summer flounder (Paralichthys dentatus) Windowpane flounder (Scophthalmus aquosus) Witch flounder (Glyptocephalus cynoglossus) Yellowtail flounder (Limanda ferruginea)

Image © B. Guild Gillespie/www.chartingnature.com

US Atlantic Bottom gillnet, Bottom trawl

December 20, 2012 Stock status Update March 14, 2016 Johanna Pierre, Megsie Siple, Rachel Simon, Consulting Researcher

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

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. 3

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 the Safina Center’s 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. 4

Summary This report focuses on the primary flatfish species landed and sold in the US market, both currently and historically (e.g., Atlantic halibut). The scope of this analysis and ensuing recommendation includes American plaice, Atlantic halibut, summer flounder, windowpane flounder, blackback (also called winter flounder), witch flounder and yellowtail flounder caught by the US commercial fleet in the Northwest Atlantic using bottom trawls, as well as blackback and yellowtail flounder caught by the US fleet with gillnets in the Gulf of Maine.

American plaice and Atlantic halibut are large, slow-growing fish that are highly sensitive to overfishing. Atlantic halibut, in particular, were considerably depleted over the course of the 19th and early 20th centuries and have never recovered. Fishing levels have fluctuated around the level projected to allow the stock to rebuild by 2056, but there is significant uncertainty in this estimate. American plaice abundance is a low conservation concern, but current fishing pressure is at a more sustainable level. Summer flounder are inherently moderately vulnerable to fishing pressure, and while their stock levels have been rebuilding, fishing mortality is of high conservation concern. Windowpane flounder are moderately vulnerable to fishing pressure, but the low abundance and high fishing mortality of the northern stock are high conservation concerns. The southern stock is a low conservation concern; although there is no information about stock structure (abundance and fishing pressure estimates for both stocks are based on relative biomass indices derived from tow surveys). Blackback have low inherent vulnerability to fishing pressure, but stock abundance ranges from high concern in the Southern New England/Mid-Atlantic stock and the Georges Bank stock to moderate concern in the Gulf of Maine. As fishing pressure is a low concern in the Gulf of Maine (GOM), the GOM stocks rank as healthy. Fishing pressure is a high concern in Southern New England (SNE) and the Mid-Atlantic (MA) and on Georges Bank (GB). Witch flounder and yellowtail flounder are both moderately vulnerable to fishing pressure, but the abundance and fishing mortality of all stocks of witch flounder, as well as all stocks of yellowtail flounder are of high conservation concern.

The New England and Mid-Atlantic large-mesh otter trawl fisheries are non-selective and result in high amounts of bycatch including some bycatch of endangered or threatened species. The New England gillnet fishery results in takes of a number of species of concern and contributes to mortalities of harbor porpoises in excess of the potential biological removal limit. All three fisheries regularly catch fish stocks of high concern including witch flounder, yellowtail flounder and cod. Consequently, Seafood Watch deems both fisheries to have severe impacts on other retained and bycatch stocks.

The Northeast multi-species fisheries rate as “moderate” in terms of fishing impacts on retained species. Management goals and strategies are generally appropriate, although catch limits have been somewhat less conservative than the levels Seafood Watch deems necessary for “highly appropriate” management in the Northeast multi-species fisheries. The stocks managed by the New England Fishery Management Council (NEFMC) and the Mid-Atlantic Fishery Management Council (MAFMC) have generally experienced mixed (in the case of NEFMC) to positive (in the case of MAFMC) impacts. Newly implemented management measures will likely improve results further, although they have not yet 5

been in place long enough to permit assessment of long-term impacts. Overall, the New England otter trawl and gillnet fisheries and the Mid-Atlantic otter trawl fishery have generally appropriate goals and strategies for managing fishing impacts on bycatch species but do not unequivocally meet the standards of risk aversion and highly effective implementation and monitoring. Seafood Watch deems fishing impacts on bycatch species in these fisheries to be “moderate”.

Both the New England and the Mid-Atlantic large-mesh otter trawl fisheries have moderate impacts on benthic habitats. Although vessels targeting blackback have the potential to disturb deep, low-energy gravel and cobble habitats, and smaller vessels targeting summer or blackback inshore could potentially damage eelgrass beds, the majority of landings are likely to come from high-energy and non-biogenic habitats. Moreover, substantial portions of the New England fishing grounds, and some limited portions of the Mid-Atlantic fishing grounds, are off-limits to bottom trawl gears for all or part of the year, and there are effective effort control programs in place. There are fewer mitigating measures in place for the New England gillnet fishery, with the exception of effort controls and limited areas closed to gillnets, but this form of fishing is generally much less harmful to the seafloor than bottom trawling. Overall ecosystem impacts of the fisheries are still poorly understood. Direct accounting for food web dynamics within the stock assessment and management process currently ranges from limited to nonexistent. Nevertheless, the New England Fishery Management Council has initiated a five-year strategy to transition to ecosystem-based management; the Mid-Atlantic Fishery Management Council is expected to follow suit shortly.

Table of Conservation Concerns and Overall Recommendations

Stock / Fishery Impacts on Impacts on Management Habitat and Overall the Stock other Spp. Ecosystem Recommendation American plaice Green (4.47) Red (1.27) Yellow (3.00) Yellow (2.74) Good Alternative US New England - Trawl, (2.615) Bottom Atlantic halibut Red (2.16) Red (1.27) Yellow (3.00) Yellow (2.74) Avoid (2.180) US New England - Trawl, Bottom Blackback: Georges Bank Red (1.41) Red (1.27) Yellow (3.00) Yellow (2.74) Avoid (1.961) stock, US New England - Trawl, Bottom Blackback: Gulf of Maine Green (3.32) Red (1.27) Yellow (3.00) Green (3.24) Good Alternative stock, US New England - (2.531) Gillnet, Bottom Blackback: Gulf of Maine Green (3.32) Red (1.27) Yellow (3.00) Yellow (2.74) Good Alternative stock, US New England - (2.427) Trawl, Bottom Blackback: Southern New Red (2.16) Red (0.90) Green (3.46) Yellow (2.60) Avoid (2.045) England / Mid-Atlantic stock, US Mid Atlantic - Trawl, Bottom 6

Blackback: Southern New Red (2.16) Red (1.27) Yellow (3.00) Yellow (2.74) Avoid (2.180) England / Mid-Atlantic stock, US New England - Trawl, Bottom Summer flounder Red (2.00) Red (1.27) Yellow (3.00) Yellow (2.74) Avoid (2.139) US New England - Trawl, Bottom Summer flounder: Mid- Red (2.00) Red (0.90) Green (3.46) Yellow (2.60) Avoid (2.006) Atlantic Coast stock, US Mid Atlantic - Trawl, Bottom Windowpane flounder: Mid- Green (3.83) Red (0.90) Green (3.46) Yellow (2.60) Good Alternative Atlantic stock, (2.360) US Mid Atlantic - Trawl, Bottom Windowpane flounder: Gulf Red (1.41) Red (1.27) Yellow (3.00) Yellow (2.74) Avoid (1.961) of Maine / Georges Bank stock, US New England - Trawl, Bottom Windowpane flounder: Green (3.83) Red (1.27) Yellow (3.00) Yellow (2.74) Good Alternative Southern New England (2.516) stock, US New England - Trawl, Bottom Witch flounder Red (1.41) Red (0.90) Green (3.46) Yellow (2.60) Avoid (1.840) US Mid Atlantic - Trawl, Bottom Witch flounder Red (1.41) Red (1.27) Yellow (3.00) Yellow (2.74) Avoid (1.961) US New England - Trawl, Bottom Yellowtail flounder: Cape Red (1.41) Red (1.27) Yellow (3.00) Yellow (2.74) Avoid (1.961) Cod/ Gulf of Maine stock, US New England - Trawl, Bottom Yellowtail flounder: Cape Red (1.41) Red (1.27) Yellow (3.00) Green (3.24) Avoid (2.045) Cod/ Gulf of Maine stock, US New England - Gillnet, Bottom Yellowtail flounder: Georges Red (1.41) Red (1.27) Yellow (3.00) Yellow (2.74) Avoid (1.961) Bank stock, US New England - Trawl, Bottom Yellowtail flounder: Red (1.41) Red (0.90) Green (3.46) Yellow (2.60) Avoid (1.840) Southern New England / Mid-Atlantic stock, US Mid Atlantic - Trawl, Bottom 7

Yellowtail flounder: Red (1.41) Red (1.27) Yellow (3.00) Yellow (2.74) Avoid (1.961) Southern New England / Mid-Atlantic stock, US New England - Trawl, Bottom

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 >2.2-3.2, and neither Harvest Strategy (Factor 3.1) nor Bycatch Management Strategy (Factor 3.2) are Very High Concern2, and no more than one Red Criterion, and no Critical scores • Avoid/Red = Final Score <=2.2, or either Harvest Strategy (Factor 3.1) or Bycatch Management Strategy (Factor 3.2) is Very High Concern 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

Table of Contents

About Seafood Watch® ...... 2

Guiding Principles ...... 3

Summary ...... 4

Introduction ...... 9

Assessment ...... 17 Criterion 1: Stock for which you want a recommendation ...... 17 Criterion 2: Impacts on Other Species ...... 47 Criterion 3: Management effectiveness ...... 86 Criterion 4: Impacts on the habitat and ecosystem...... 104

Acknowledgements ...... 115

Appendix A: Supplementary Tables and Figures ...... 130

Appendix B: Additional species ...... 153

Appendix C: Review Schedule ...... 212

Introduction Scope of the analysis and ensuing recommendation

There are many commercially important flatfishes caught in the Atlantic basin. This report focuses on the primary flatfish species landed and sold on the US market, both currently and historically (e.g., Atlantic halibut, Hippoglossous hippoglossus). The scope of this analysis and ensuing recommendation includes American plaice (Hippoglossoides platessoides), Atlantic halibut, summer flounder (Paralichthys dentatus), windowpane flounder (Scophthalmus aquosus), blackback (Pseudopleuronectes americanus), witch flounder (Glyptocephalus cynoglossus), and yellowtail flounder (Limanda ferruginea) caught by the US commercial fleet in the Northwest Atlantic using bottom trawls, as well as blackback and yellowtail flounder caught by the US fleet with gillnets in the Gulf of Maine.

Overview of the species and management bodies

Flatfishes are a monophyletic group, consisting of 14 families, 134 genera and about 678 species worldwide (Nelson 2006). As the name implies, individuals in this order (Pleuronectiformes) generally lay flat, with skull development in the larval stage causing the migration of one eye around the head and distinct pigmentation between sides (bottom-facing side white, upward facing side pigmented for camouflage). Flounders, soles, turbots, halibuts, sanddabs, plaices, and tonguefishes are included under the umbrella term “flatfish”; when combined with provincial common names, taxonomy can become confusing. Most commercially important flatfishes in the Atlantic are from the family Pleuronectidae (right-eye flounders), comprised of 23 genera and about 60 species, including witch, winter, and yellowtail flounder, American plaice, and Atlantic halibut (Nelson 2006). Other important families include Paralichthyidae (lefteyed sand flounders, including summer flounder) and Scophthalmidae (turbots, including windowpane flounder) (Collette and Klein-MacPhee 2002)(Nelson 2006).

Northwest Atlantic flatfish fisheries in US federal waters (3-200 nm offshore) are managed under Fishery Management Plans (FMPs) by the National Marine Fisheries Service (NMFS) and its advisory bodies, the New England Fishery Management Council (NEFMC) and Mid-Atlantic Fishery Management Council (MAFMC). The summer flounder fishery is managed under the MAFMC’s Summer Flounder, Scup, and Black Sea Bass FMP. Federal fisheries for all other commercially important Atlantic flatfishes are regulated under the NEFMC’s Northeast Multispecies Groundfish FMP, which covers the catch of 15 species and 24 stocks along the US Atlantic coast (Fig. 1). States also actively manage nearshore fisheries in state waters (nearshore to 3 nm, particularly for summer and blackback. The states coordinate management through the Atlantic States Marine Fisheries Commission (ASFMC). Under the Northeast Multispecies FMP, there are twelve species of groundfish (including flatfish) managed within the “large- mesh” program: Atlantic cod, haddock, pollock, yellowtail flounder, witch flounder, blackback, windowpane flounder, American plaice, Atlantic halibut, redfish, ocean pout and white hake. In addition, a number of other species are captured by the groundfish fisheries and either retained or released. A list of other retained and bycatch species caught in each fishery, and their status, is provided 10

in Criterion 2 of this report.

Figure 1. Map of the northwest Atlantic including the major sub regions (Image courtesy of NEFSC).

The New England groundfish fishery has existed since colonial times. The first colonial fishermen used small sailing dories and caught mostly cod by hook and line, salting their product as a means of preservation (Collette and Klein-MacPhee 2002). By the mid-1800s, the transition to ice in lieu of salt, combined with burgeoning consumer demand, enabled the exploitation of Atlantic halibut (Grasso 2008); the localized depletions of the 1850s blossomed to region-wide decimation by the end of the century, and halibut stocks have yet to recover from this collapse (Grasso 2008).

Sailboats gave way to steamships, and the use of otter trawls and onboard refrigeration, beginning in the early 1900s, revolutionized the fishery (National Research Council 1998). After World War I, fishers began to target a wider variety of species, including haddock, yellowtail and blackbacks. Due to increased demand, groundfish landings increased during World War II to the point that the Southern New England yellowtail flounder stock collapsed by 1949 (National Research Council 1998). Exploitation accelerated further in the 1960s, particularly as a result of increased effort by distant-water factory trawlers from Russia, Spain, and other European nations (National Research Council 1998). Prompted by concerns about overfishing, the US created the first 200-mile Exclusive Economic Zone (EEZ) along its Atlantic coastline in 1977 (Fig. A1), and thereafter encouraged the growth of the domestic fishery.

Canada also created a 200-mile EEZ. Conflicts persisted over the US/Canada maritime boundary until the demarcation of the Hague Line in 1985 (National Research Council 1998). Once the US EEZ was established, domestic fishing grew rapidly. From 1975 to 1980, the number of vessels in the US groundfish fleet nearly doubled, from around 600 to over 1,100 (Brodziak and Link 2002).

Fishing pressure continued to intensify as technology advanced and fishing capital increased. Exploitation rates were highest in the early 1990s; the same years that stock biomass reached record lows (Collette and Klein-MacPhee 2002). Spurred by new provisions in the Magnuson-Stevens Fishery Conservation and Management Act (MSA), a number of FMP amendments and framework adjustments have recently been implemented to end overfishing and rebuild overfished stocks, but these measures have not yet achieved the goal of rebuilding all depleted stocks.

Current Fishery Characteristics

American plaice Recreational and foreign catch of American plaice is insignificant (O'Brien 2006), and the otter trawl fleet accounts for more than 95% of landings (NEFSC 2008b) (Fig. A2, A9).

Atlantic halibut There is no directed fishery for halibut, although permit holders may land a minimal amount per trip (Fig. A3). Over 1999-2007, incidental capture as bycatch accounted for nearly 60% of all Atlantic halibut catch (Col and Legault 2009). Of the 2009 landings, US fishermen landed 75% and Canadian fishermen landed 25% (Blaylock and Legault 2012). In recent years, landings of halibut have primarily occurred in the New England otter trawl fishery, followed by hook and line fisheries, although the gillnet fisheries have also occasionally contributed a sizeable portion of landings, and primary gear types for halibut landings have changed over time (NEFSC 2012c)(NMFS 2012a). The greatest sources of bycatch include the New England large-mesh otter trawl, New England extra-large-mesh gillnet, and New England US/Canada area large-mesh otter trawl fisheries (NMFS 2011b).

Summer flounder There are two major commercial trawl fisheries for summer flounder, winter offshore and summer inshore. There is also a substantial recreational fishery for summer flounder, as it is one of the most sought after sport fish on the Atlantic coast, especially in Southern New England and the Mid-Atlantic; the recreational fishery is comparable in magnitude to the commercial fishery (Collette and Klein- MacPhee 2002)(NMFS 2011a) (Fig. A4, A9).

Windowpane flounder Windowpane flounder are caught primarily in bottom trawls, but directed fisheries have only occurred sporadically, likely a result of the species’ thin body (Hendrickson 2006). There is currently a ban on possession of any windowpane flounder (NOAA 2011c). Recreational catches are insignificant (Hendrickson 2006), and since 2003, discards, primarily from the large-mesh bottom trawl fleet, have accounted for 80%–89% of the total catch in the southern stock and 88%–95% of the total catch in the northern stock (NEFSC 2008b) (Fig. A5). 12

Blackback Blackback is caught primarily with otter trawls, although approximately 20% of landings in the Gulf of Maine came from gillnets in 1986-2013 (Hendrickson et al. 2014). Recreational fishing occurs in harbors, estuaries, and other sheltered situations, as well as from bridges, piers, and small boats (Collette and Klein-MacPhee 2002). In recent years, the recreational catch sharply declined and has been minimal (NEFSC 2008b) (Fig. A6, A9). There is currently a ban on possession of Southern New England/Mid- Atlantic blackback (CFR Title 50 § 648.86 (NOAA 2012a)).

Witch flounder Witch flounder are caught primarily with otter trawls; gillnets account for less than 5% of landings (NEFSC 2008b). Although few fishermen distinguished them from other flounders and kept no records of their catch as recently as the early 20th century, witch flounder are now known to be an excellent table fish and in such demand that they bring a higher price than yellowtail flounder or American plaice (Collette and Klein-MacPhee 2002) (Fig. A7, A9).

Yellowtail flounder Yellowtail flounder are caught primarily by otter trawl, although some are also landed by gillnets in the Cape Cod/Gulf of Maine stock from late fall to spring (Collette and Klein-MacPhee 2002)(Legault and Cadrin 2006) (Fig. A8, A9).

Production Statistics

Atlantic flatfish landings peaked in the early 1980s, and have generally declined ever since (NMFS 2012a) Fig. 2, 3). The declines are probably due to the combination of stock collapses, as in the case of Atlantic halibut, and recently tightening regulations, such as the possession limits and bans for halibut, windowpane flounder, and certain stocks of blackback, implemented, thanks to firm rebuilding requirements mandated by the 1996 reauthorization of the MSA. The Atlantic flatfish include some highly valued species, with blackback, summer flounder, witch flounder, and Atlantic halibut, each fetching ex-vessel prices of around $2/lb or more (Fig. 4 (NMFS 2012a)); Atlantic halibut in particular is worth nearly $6/lb, but landings are strictly regulated.

In 2013, US vessels landed approximately 50,490,385 mt of flatfish at US ports (NMFS 2015). Of this total, the species that are the subject of this report comprised 9,614 mt, consisting primarily of summer flounder (11,974,836 mt), blackback (6,052,806 mt), American plaice (2,906,282 mt), and yellowtail flounder (2,816,408 mt) (NMFS 2015). The bulk of the US market is dominated by Pacific flatfishes, including Pacific halibut (Hippoglossus stenolepis) and various soles (NMFS 2015).

Figure 2. US landings of commercially important Atlantic flatfish species from 1950 to 2010 (NMFS 2012a).

Figure 3. The value of Atlantic flatfish landings in the US from 1950 to 2010 (NMFS 2012a).

Figure 4. Comparison of ex-vessel values of Atlantic flatfish in 2010 (NMFS 2012a).

Importance to the US/North American market

The US imported a total of 11,272 mt of flatfish products worth $102,949,000 in 2014, and exported a total of 130,110,766 kg of flatfish worth $234,066,276 (not counting a small amount of flatfish products that were imported and immediately re-exported).The two largest sources of imports, by weight, were China and Canada (Fig. 5). The four largest consumers of US flatfish exports in 2014, both by weight and by value, were China, South Korea, Japan, and Canada (Fig. 6) (NMFS 2015).

Canadian exports of flatfish to the US consisted mainly of Atlantic and Pacific halibut, winter, witch, and yellowtail flounder, and turbot, from fisheries that operate off the coasts of Greenland, Newfoundland and Nova Scotia (Gulf of St. Lawrence). Canadian-caught Atlantic halibut comprised approximately 6.3% (2,290 mt) of all flatfish imports to the US in 2013, reflecting greater landings of Atlantic halibut in Canadian fisheries than in US fisheries (76 mt in 2013) (NMFS 2015). The origin of Chinese flatfish imports is unknown, as they are not identified by species ; large amounts of US seafood exports to China are known to be re-exported back to the US after processing, due to cheap labor costs (Sanchez et al. 2008), but the extent to which Atlantic flatfish take this route to the US market is unknown, and possibly quite limited.

Figure 5. Total flatfish imported by the US in 2014: “Others” includes (in alphabetical order) Australia, Belgium, Brazil and numerous other countries (NMFS 2015).

Figure 6. Total US flatfish exports in 2014. “Others” includes (in alphabetical order) Afghanistan, Argentina, Armenia and numerous other countries (NMFS 2015).

Common and market names

American plaice is also known as dab (O'Brien 2006). Summer flounder, also known as fluke or northern fluke, is often marketed simply as flounder or fluke; however, several other species, including southern flounder, smalleye flounder, and European flounder, are also marketed as fluke (NMFS 2011a). Winter flounder is also referred to or marketed as flounder, sole, lemon sole, Georges Bank flounder, and blackback flounder (NMFS 2011a). Witch flounder is marketed as gray sole or Craig fluke (Froese and Pauly 2012). Yellowtail flounder, sometimes referred to as rusty dab or sand dab, is often sold simply as flounder (NMFS 2011a). When used for sushi or sashimi, Atlantic flatfishes are commonly sold as hirame.

Primary product forms

Flatfishes may be marketed as fresh or frozen fillets, blocks, whole, or value-added (e.g., breaded). 17

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: Stock for which you want a recommendation 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

AMERICAN PLAICE Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US New England 1.00:High 4.00:Low 5.00:Very Low Green (4.472) Trawl, Bottom Concern Concern

ATLANTIC HALIBUT Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US New England 1.00:High 2.00:High 2.33:Moderate Red (2.159) Trawl, Bottom Concern Concern

SUMMER FLOUNDER Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US New England 2.00:Medium 4.00:Low 1.00:High Red (2.000) Trawl, Bottom Concern Concern

SUMMER FLOUNDER: MID-ATLANTIC COAST Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US Mid Atlantic 2.00:Medium 4.00:Low 1.00:High Red (2.000) Trawl, Bottom Concern Concern

WINDOWPANE FLOUNDER: GULF OF MAINE / GEORGES BANK Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US New England 2.00:Medium 2.00:High 1.00:High Red (1.414) Trawl, Bottom Concern Concern

WINDOWPANE FLOUNDER: SOUTHERN NEW ENGLAND / MID-ATLANTIC Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US Mid Atlantic 2.00:Medium 4.00:Low 3.67:Low Green (3.831) Trawl, Bottom Concern Concern US New England 2.00:Medium 4.00:Low 3.67:Low Green (3.831) Trawl, Bottom Concern Concern

BLACKBACK: GEORGES BANK Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US New England 3.00:Low 2.00:High 1.00:High Red (1.414) Trawl, Bottom Concern Concern

BLACKBACK: GULF OF MAINE Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US New England 3.00:Low 3.00:Moderate 3.67:Low Green (3.318) Gillnet, Bottom Concern Concern US New England 3.00:Low 3.00:Moderate 3.67:Low Green (3.318) Trawl, Bottom Concern Concern

BLACKBACK: SOUTHERN NEW ENGLAND / MID-ATLANTIC Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US Mid Atlantic 3.00:Low 2.00:High 2.33:Moderate Red (2.159) Trawl, Bottom Concern Concern

WITCH FLOUNDER Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US Mid Atlantic 2.00:Medium 2.00:High 1.00:High Red (1.414) Trawl, Bottom Concern Concern US New England 2.00:Medium 2.00:High 1.00:High Red (1.414) Trawl, Bottom Concern Concern

YELLOWTAIL FLOUNDER: CAPE COD/ GULF OF MAINE Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US New England 2.00:Medium 2.00:High 1.00:High Red (1.414) Gillnet, Bottom Concern Concern US New England 2.00:Medium 2.00:High 1.00:High Red (1.414) Trawl, Bottom Concern Concern

YELLOWTAIL FLOUNDER: GEORGES BANK Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US New England 2.00:Medium 2.00:High 1.00:High Red (1.414) Trawl, Bottom Concern Concern

YELLOWTAIL FLOUNDER: SOUTHERN NEW ENGLAND / MID-ATLANTIC Region / Method Inherent Abundance Fishing Subscore Vulnerability Mortality US Mid Atlantic 2.00:Medium 2.00:High 1.00:High Red (1.414) Trawl, Bottom Concern Concern US New England 2.00:Medium 2.00:High 1.00:High Red (1.414) Trawl, Bottom Concern Concern

Criterion 1 Assessment

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). 20

• 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.

Factor 1.2 - Abundance

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.

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. 21

• 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.

AMERICAN PLAICE

Factor 1.1 - Inherent Vulnerability

United States US New England, Trawl, Bottom

High

The FishBase vulnerability score for American plaice is 63 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US New England, Trawl, Bottom

Low Concern

The most recent assessment of American plaice was published in 2012, and it indicated SSB2010 = 10,805 mt and SSBMSY = 18,398 mt. Therefore, the stock is not cosidered overfished with B2010/BMSY = 0.587 (NEFSC 2012c); it is in the process of rebuilding (NMFS Status of Fisheries).

Rationale: See Figure 7. 22

Figure 7. Gulf of Maine/Georges BankAmerican plaice spawning stock biomass (SSB) and fishing mortality (F) estimates during 1980–2007 along with 80% confidence intervals for 2007 estimates, from the GARM III assessment in 2008 (blue circles). Green diamond shows 2007 SSB and F estimates adjusted for retrospective pattern, and open squares show projected SSB and F along with 80% confidence intervals. Adapted from (NMFS 2012b).

Factor 1.3 - Fishing Mortality

United States US New England, Trawl, Bottom 23

Very Low Concern

Since the 1970s, US fisheries have accounted for the overwhelming majority (95%–100%) of landings of American plaice in the Gulf of Maine and Georges Bank. The most recent assessment of American plaice indicated that fishing mortality had been decreasing since the 1990s and, after adjusting for a retrospective pattern, was at a near-record low of F = 0.13 in 2010. With FMSY = 0.18, F2010/FMSY = 0.72, overfishing was determined not to be occurring (NEFSC 2012c).

ATLANTIC HALIBUT

Factor 1.1 - Inherent Vulnerability

United States US New England, Trawl, Bottom

High

FishBase vulnerability score: 88 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US New England, Trawl, Bottom

High Concern

The most recent assessment of Atlantic halibut was published in 2012, and it indicated B2010 = 1,700 mt and BMSY = 49,000 mt. Therefore, the stock is not considered overfished with B2010/BMSY = 0.0347 (NEFSC 2012c). Atlantic halibut are also considered a species of concern by NMFS (NMFS 2012c).

Rationale: See Figure 8. 24

Figure 8. Gulf of Maine/Georges Bank Atlantic halibut biomass (B) and fishing mortality (F) estimates during 1800– 2007 along with 80% confidence intervals for 2007 estimates, from the GARM III assessment in 2008 (blue circles). Open squares show projected SSB and F along with 80% confidence intervals. Adapted from (NMFS 2012b).

Factor 1.3 - Fishing Mortality

United States US New England, Trawl, Bottom

Moderate Concern 25

Gulf of Maine/Georges Bank Atlantic halibut is in year eight of a 52-year rebuilding plan (NMFS 2015c). As of October 31, 2011, NMFS also had a possession limit of one fish per trip for Atlantic halibut (NMFS

2011c). The most recent assessment of Atlantic halibut indicated F2010 = 0.032 and FMSY = 0.0731, so

F2010/FMSY = 0.438; overfishing was therefore not occurring (NEFSC 2012c). However, Frebuild, the target fishing pressure for the stock to be rebuilt by 2056, is 0.044 (Col & Legault 2009), so while F2010/Frebuild =

0.73, fishing mortality exceeded Frebuild in six of the last ten years for which data were available. The average value of F for this time was 0.0504, slightly above Frebuild (NEFSC 2012c). Frebuild is likely optimistic in the first place (see “Detailed rationale” below). The halibut stock is not officially considered overfished, but fishing mortality has been fluctuating around Frebuild, and the rebuilding timeframe is both lengthy and somewhat uncertain.

Rationale: No directed fishery exists for halibut in federal waters, although a limited halibut fishery is permitted in Maine state waters. Amendment 9 to the NE Multispecies FMP permits a one fish possession limit

(NMFS 2009b).Frebuild and the rebuilding timeframe may be highly optimistic for three reasons. First, the population model makes the unrealistic assumption that the population grows at its maximum rate, even though there are currently no indications that this is the case. Second, the model does not incorporate age structure, so the fact that the mean age of maturity for females is 7.3 years means there will be a lag time in initial response to management measures and a slower rebuilding trajectory than projected. Third, the currently assessed Gulf of Maine/Georges Bank stock is likely a small portion of a larger US-Canadian Atlantic halibut stock, as there is strong evidence that halibut are capable of both long-distance movement and crossing US-Canada boundaries in substantial numbers. This dynamic is unaccounted for by the current model(Col & Legault 2009).

BLACKBACK: GEORGES BANK

Factor 1.1 - Inherent Vulnerability

United States US New England, Trawl, Bottom

Low

FishBase vulnerability score is 34 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US New England, Trawl, Bottom

High Concern

The observed estimated spawning stock biomass (SSB) in 2014 was 5,275 mt, which is 79% of the 26

biomass target for an overfished stock (SSBMSY = 6,700, with a threshold of 50% of SSBMSY) (NEFSC 2015d). However, when the observed abundance is corrected for retrospective error, an abundance estimate of 2,883 mt is found. This is 43% of SSBMSY, and therefore the stock is in an overfished condition (NEFSC 2015d). Seafood Watch considers stock abundance to be a high conservaiton concern for Georges Bank blackback.

Rationale: The latest assessment of the Georges Bank blackback stock found that the 2014 SSB estimate, when adjusted for retrospective error (83% for SSB), is outside the 90% confidence interval of the unadjusted 2014 point estimate (NEFSC 2015d). Therefore, the 2014 SSB value used in the stock status determination was the retrospective-adjusted value of 2,883 mt (NEFSC 2015d), which is 43% of the biomass target (SSBMSY= 6,700) for an overfished stock. Therefore, the stock is considered to be overfished. As of December 31, 2015, NMFS listed Georges Bank blackback as “overfished” and rebuilding, in year six of a seven-year plan (NMFS 2015c). "Short-term projections of biomass were derived by sampling from a cumulative distribution function of recruitment estimates (1982-2013 YC) from the final run of the ADAPT VPA model. The annual fishery selectivity, maturity ogive, and mean weights-at-age used in the projection are the most recent 5 year averages (2010-2014). An SSB retrospective adjustment factor of 0.546 was applied in the projections" (NEFSC 2015d).

Factor 1.3 - Fishing Mortality

United States US New England, Trawl, Bottom

High Concern

The 2014 F point estimate, when adjusted for retrospective error (-51%), is outside the 90% confidence interval of the unadjusted 2014 point estimate (NEFSC 2015d). Thus, the value used in the stock status determination was the adjusted value of F = 0.778, which is 145% of the overfishing threshold (FMSY = 0.536) and therefore suggests that the stock is currently undergoing overfishing. As such, fishing mortality is scored as high concern (NEFSC 2015d).

Rationale: The observed 2014 fully selected fishing mortality (F; fully selected ages (ages 4-6)) was estimated to be

0.379, which is 71% of the overfishing threshold (FMSY = 0.536)(NEFSC 2015d).

BLACKBACK: GULF OF MAINE

Factor 1.1 - Inherent Vulnerability.

United States US New England, Gillnet, Bottom 27

United States US New England, Trawl, Bottom

Low

FishBase vulnerability score is 34 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderate Concern

Based on the most recent assessment of Gulf of Maine blackback in 2015, the stock biomass of fish larger than 30cm is B2014 = 4,655 mt (NEFSC 2015b). However, the Stock Assessment Review Committee (SARC) rejected the analytical model, and a biomass reference point could not be estimated, leaving the stock status unknown (NEFSC 2011)(NEFSC 2015). As of December 31, 2015, NMFS listed Gulf of Maine blackback as not undergoing overfishing (NMFS 2015c). Due to the unknown stock status, we have scored abundance as moderate concern.

Factor 1.3 - Fishing Mortality

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

The most recent assessment of Gulf of Maine blackback in 2015 indicated that the exploitation rate in

2014 was 0.06, which is 26% of the overfishing exploitation threshold proxy (EMSY proxy = 0.23) (NEFSC 2015)(NMFS 2015c). As of December 31, 2015, NMFS listed Gulf of Maine blackback as having an “unknown” fishing mortality (NMFS 2015c). Even though it is highly likely that fishing mortality is at or below a sustainable level and will not reduce stock productivity, a score of low concern has been chosen due to the NMFS listing.

Rationale: A proxy value of the overfishing threshold was derived from a length-based yield per recruit analysis that assumes all fish above 30cm are fully recruited to the fishery and that natural mortality is 0.3.

BLACKBACK: SOUTHERN NEW ENGLAND / MID-ATLANTIC

Factor 1.1 - Inherent Vulnerability

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

Low

FishBase vulnerability score is 34 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

High Concern

The 2015 assessment of the Southern New England/Mid-Atlantic blackback stock estimated the 2014 spawning stock biomass (SSB) to be 6,151 (mt), which is 23% of the biomass target (26,928 mt), and 46% of the biomass threshold for an overfished stock (SSBThreshold = 13464 mt) (NEFSC 2015c). Since the stock is considered overfished, a score of high concern was awarded.

Rationale: The Southern New England/Mid-Atlantic blackback stock is in year 3 or a 10-year rebuilding plan (NMFS 2015c).

Factor 1.3 - Fishing Mortality

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

Moderate Concern

The 2015 assessment of Southern New England/Mid-Atlantic blackback stock estimated fishing mortality (F) to be 0.16, which is 49% of the overfishing threshold (FMSY = 0.325). Since 1981 SNE/MA recruitment has been declining; 2013 is the lowest in the time series which is approximately 4% of the estimated recruitment in 1981 (the highest in the time series). While the 2014 SNE/MA recruitment estimate increased slightly, the overall stock productivity continues to decline. The stock was in a 10- year rebuilding plan, but did not meet its rebuilding target in 2014, in part due to low recruitment. In 29

2014, NOAA Fisheries partially implemented Framework Adjustment 50 to revise the rebuilding end date to 2023. It is posisble that whilst fishing mortality is below MSY, it may be above the level which will allow recovery under scurrent envoironemtnal conditions. The stock remains vulnerable to heavy fishing pressure and habitat degradation, and has low genetic variability which hinders their recovery

(NEFSC 2015c). Since fishing mortality is below FMSY, but recovery of the stock has not yet been achieved, we consider fishing mortality to be a moderate concern.

SUMMER FLOUNDER

Factor 1.1 - Inherent Vulnerability

United States US New England, Trawl, Bottom

Medium

FishBase vulnerability score: 47 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US New England, Trawl, Bottom

Low Concern

A 2015 population assessment update of summer flounder estimated the abundance of sexually mature fish (spawning stock biomass; SSB) to be 40,300 metric tons (90% confidence interval = 35,486 to 49,918 mt), which is 65% of the target abundance level (62,400 mt). Although abundance is below the target abundance level, it is above the limit abundance level (31,200 mt), and therefore the population is not considered overfished/depleted (Terceiro 2015). The target abundance level is set at 35% of the abundance of an unfished population, and is considered a proxy for the biomass at maximum sustainable yield (BMSY). The limit abundance level is set at one half of the target (Terceiro 2015)(NEFSC 2013c).

The abundance of adult summer flounder declined to historical lows in the late 1980's and early 1990's but then greatly increased, reaching peak levels in 2003 and 2010 (NEFSC 2013c). In recent years, however, abundance has declined some. Recruitment, or the amount of new fish entering the population, was below average from 2010-2013, but was close to the average level (41 million fish) in 2014 (Terceiro 2015).

We have awarded a low concern score since the abundance of summer flounder is below the target level, but the species is not overfished/depleted.

Rationale: See Figure 9.

Figure 9a: Summer flounder Spawning Stock Biomass (solid line) and Recruitment at age 0 (bars). Dashed line = proxy for Spawning Stock Biomass at Maximum Sustainable Yield). Image from NEFSC Summer Flounder Assessment Update for 2015.

Factor 1.3 - Fishing Mortality

United States US New England, Trawl, Bottom

High Concern

The 2015 update assessment of summer flounder indicates that fishing mortality is above the fishing mortality at maximum sustainable yield (FMSY), which means that overfishing is occurring. Fishing mortality was estimated to be 0.36 in 2014 (90% confidence interval = 0.27 to 0.44), 16% above the FMSY proxy of 0.31 (Terceiro 2015). The previous 2013 assessment of summer flounder indicated that overfishing on summer flounder was not occurring, but there has been a tendency in recent years to 31

underestimate fishing mortality and overestimate abundance (NEFSC 2013c)(Terceiro 2015).

In 2014, commercial landings of summer flounder were 4,900 mt and recreational landings were 3,400 mt (MAFMC 2015b). An additional 800 mt of summer flounder were discarded at sea in the commercial fishery and 900 mt were discarded in the recreational fishery (Terceiro 2015). Although catches have equaled or been only slightly above the specified catch limits in recent years, there is evidence of substantial illegal and unreported fishing of summer flounder, which is likely contributing to the overfishing of this species (ASMFC 2015). To address the overfishing of summer flounder, managers reduced the total allowable catch by 29% for the 2016 fishing season (MAFMC 2015a).

Because overfishing of summer flounder is occurring, we have awarded a high concern score.

Figure 9b: Total catch and estimated fishing mortality for summer flounder. Red line = fishing mortality at maximum sustainable yield. Image from NEFSC Summer Flounder Assessment Update for 2015.

SUMMER FLOUNDER: MID-ATLANTIC COAST

Factor 1.1 - Inherent Vulnerability

United States US Mid Atlantic, Trawl, Bottom

Medium

FishBase vulnerability score: 47 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US Mid Atlantic, Trawl, Bottom

Low Concern

We have awarded a low concern score since the abundance of summer flounder is below the target level, but the species is not overfished/depleted.

Rationale: See Figure 9. 33

Factor 1.3 - Fishing Mortality

United States US Mid Atlantic, Trawl, Bottom

High Concern

In 2014, commercial landings of summer flounder were 4,900 mt and recreational landings were 3,400 34

mt (MAFMC 2015b). An additional 800 mt of summer flounder were discarded at sea in the commercial fishery and 900 mt were discarded in the recreational fishery (Terceiro 2015). Although catches have equaled or been only slightly above the specified catch limits in recent years, there is evidence of substantial illegal and unreported fishing of summer flounder, which is likely contributing to the overfishing of this species (ASMFC 2015). To address the overfishing of summer flounder, managers reduced the total allowable catch by 29% for the 2016 fishing season (MAFMC 2015a).

Because overfishing of summer flounder is occurring, we have awarded a high concern score.

Figure 9b: Total catch and estimated fishing mortality for summer flounder. Red line = fishing mortality at maximum sustainable yield. Image from NEFSC Summer Flounder Assessment Update for 2015.

WINDOWPANE FLOUNDER: GULF OF MAINE / GEORGES BANK

Factor 1.1 - Inherent Vulnerability

United States US New England, Trawl, Bottom

Medium 35

FishBase vulnerability score: 43 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US New England, Trawl, Bottom

High Concern

The most recent assessment of northern windowpane flounder was published in 2012, and it indicated

B2010 index proxy = 0.46 kg/tow and BMSY index proxy = 1.6 kg/tow. Northern windowpane flounder are therefore considered overfished with B2010/BMSY = 0.29 (NEFSC 2012c).

Rationale: No stock structure information (i.e., age and sex structure of the stock) is available for either stock of windowpane flounder, and neither has ever been assessed as part of a Stock Assessment Workshop/Stock Assessment Review Committee (SAW /SARC) process. Instead, the 2008 Groundfish Assessment Review Meeting (GARM III), which is similar to the SAW/SARC, included an index-based assessment of the stock (NEFSC 2012c). The median of the NEFSC fall survey biomass indices between

1975 and 1987 was selected as a BMSY proxy based on trends in relative fishing mortality rates and NEFSC fall survey biomass indices (NEFSC 2008b). 36

Figure 10. Gulf of Maine/Georges Bank windowpane flounder fall biomass index (B) and relative exploitation rate (F) during 1975–2007, from the GARM III assessment in 2008 (blue circles). Overfished status determination is based on the lagged three-year average, plotted here with a solid black line; updated biomass indices for 2008 and 2010 are also shown with open squares. Adapted from (NMFS 2012b).

Factor 1.3 - Fishing Mortality

United States US New England, Trawl, Bottom

High Concern

The most recent assessment of northern windowpane flounder indicated F2010 proxy = 0.51 and FMSY proxy = 0.44, so F2010/FMSY = 1.16. Overfishing was therefore occurring (NEFSC 2012c). Northern windowpane flounder is currently in year 2 of a 7-year rebuilding plan (NMFS 2015c). As of October 2011, NMFS prohibits possession of any windowpane flounder (NOAA 2011c), so there is effectively no targeted fishery for northern windowpane. This stock is overfished and overfishing is occurring, but some management actions that are believed to be effective are in place to reduce or constrain fishing mortality.

Rationale: MSY was assumed to be 1,000 mt because landings greater than this amount appeared to cause declines in the biomass indices; the FMSY proxy was calculated from the assumed MSY and BMSY values. The relative F value was computed as catch in 2007 divided by the average of NEFSC fall survey relative biomass indices during 2005–2007 (NEFSC 2008b).

WINDOWPANE FLOUNDER: SOUTHERN NEW ENGLAND / MID-ATLANTIC

Factor 1.1 - Inherent Vulnerability

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

Medium

FishBase vulnerability score: 43 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

Low Concern

The most recent assessment of southern windowpane flounder, published in 2012, indicated B2010 index proxy = 0.35 kg/tow and BMSY index proxy = 0.24 kg/tow. Southern windowpane flounder were therefore considered not overfished with B2010/BMSY = 1.46, which indicates the stock had been rebuilt (NEFSC 38

2012c). The lack of a thorough stock assessment prevents the highest score from being achieved.

Rationale: No stock structure information (i.e., age and sex structure of stock) is available for either stock of windowpane flounder, and neither has ever been assessed as part of the SAW/SARC process, although the GARM III included an index-based assessment of the stock (NEFSC 2012c). The median of the NEFSC fall survey biomass indices between 1975 and 1987 was selected as a BMSY proxy based on trends in relative fishing mortality rates and NEFSC fall survey biomass indices (NEFSC 2008b). 39

Figure 11. Southern New England/Mid-Atlantic Bight windowpane flounder fall biomass index (B) and relative exploitation rate (F) during 1975–2007, from the GARM III assessment in 2008 (blue circles). Overfished status determination is based on the lagged three-year average, plotted here with a solid black line; updated biomass indices for 2008 and 2010 are shown with open squares. Adapted from (NMFS 2012b). 40

Factor 1.3 - Fishing Mortality

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

Low Concern

The most recent assessment of southern windowpane flounder indicated F2010 proxy = 1.4 and FMSY proxy = 2.09, so F2010/FMSY = 0.670. Overfishing was therefore not occurring(NEFSC 2012b). Southern windowpane flounder is currently in year 8 of a 10-year rebuilding plan (NMFS 2015c). As of October 2011, NMFS prohibits possession of any windowpane flounder (NOAA 2011c), so there is effectively no targeted fishery for southern windowpane. While fishing mortality is below 75% of FMSY and the stock is considered rebuilt, these figures are nonetheless based on proxy reference points rather than fully calculated reference points.

Rationale: The SNE/MAB stock appeared to be able to sustain itself at the catch levels occurring during 1995–2001, so MSY was assumed to be the median catch during this period, or 500 mt, and the FMSY proxy was calculated from the assumed MSY and BMSY values (NEFSC 2012c).

WITCH FLOUNDER

Factor 1.1 - Inherent Vulnerability

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

Medium

FishBase vulnerability score is 51 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

High Concern 41

The most recent assessment for witch flounder was published in 2012, and it indicated SSB2010 = 4,099 mt and SSBMSY = 10,051 mt. The stock was therefore considered overfished with B2010/BMSY = 0.408 (NEFSC 2012c).

Rationale: See Figure 15.

Figure 15. Witch flounder SSB and fishing mortality (F) estimates during 1982–2007, from the GARM III assessment in 2008 (blue circles) along with 80% confidence intervals for 2007 estimates. Projected SSB and F are shown with open squares along with 80% confidence intervals. Adapted from (NMFS 2012b)

Factor 1.3 - Fishing Mortality

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

High Concern

The most recent assessment of witch flounder indicated F2010 = 0.47 and FMSY = 0.27, so F2010/FMSY = 1.74. Overfishing was therefore occurring (NEFSC 2012c). However, Amendment 16 to the NE Multispecies FMP, published in the US Federal Register in 2010, is expected to rebuild the stock within a reasonable timeframe. Witch flounder is overfished and overfishing is occurring, but some management actions, believed to be effective, are in place to reduce or constrain fishing mortality.

Rationale: Amendment 16 to the NE Multispecies FMP will adopt a broad suite of management measures to achieve fishing mortality targets. Specific to witch flounder, a rebuilding plan has been proposed which would have a 75% likelihood of rebuilding the stock by 2015. To accomplish the reduction in fishing mortality, the amendment will expand the use of sectors that have their catch limited by a quota and implement Accountability Measures (AMs) to prevent overfishing. In particular, these AMs include differential Days-At-Sea (DAS) counting to correct for over- or under-harvesting and a transition in 2012 from an effort-control fishery to one managed through hard TACs. In addition, this amendment will implement new requirements for establishing ABC, ACLs and AMs for the stocks managed under the FMP (NMFS 2010a).

YELLOWTAIL FLOUNDER: CAPE COD/ GULF OF MAINE

Factor 1.1 - Inherent Vulnerability

United States US New England, Trawl, Bottom

Medium

FishBase vulnerability score is 37 (Froese and Pauly 2012).

United States US New England, Gillnet, Bottom

Medium

FishBase vulnerability score is 37 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High Concern

The 2015 update on the yellowtail flounder stock assessment for Cape Cod-Gulf of Maine indicates that the 2014 spawning stock biomass (SSB) was estimated to be 1,695 mt, which is 32% of the biomass target for an overfished stock (SSBMSY proxy = 5,259). Since this stock is overfished, abundance is scored as high concern (NEFSC 2015e).

Factor 1.3 - Fishing Mortality

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High Concern

Based on the 2015 stock status update for the Cape Cod-Gulf of Maine yellowtail flounder stock, the 2014 fishing mortality (average for ages 4-5) was estimated to be 0.35, which is 125% of the overfishing threshold proxy (FMSY proxy = 0.28). Since the stock is currently undergoing overfishing, fishing mortality is rated as high concern.

Rationale: Fishing mortality had been declining since 2004 and was at its lowest point in the time series (NEFMC 2015). The stock is currently in year 11 of its 19-year rebuilding plan (end date of 2023) (NMFS 2015c). Management actions that appear to be effective are in place to reduce or constrain fishery mortality, but the stock is overfished and overfishing is occurring.

Amendment 16 to the NE Multispecies FMP adopted a broad suite of management measures to achieve fishing mortality targets. To accomplish the reduction in fishing mortality, the amendment expanded the use of sectors that have their catch limited by a quota and implement accountability measures (AMs) to prevent overfishing. In particular, these AMs include differential DAS counting to correct for over- or under-harvesting and a transition in 2012 from an effort-control fishery to one managed through hard TACs. In addition, this amendment implemented new requirements for establishing ABC, ACLs and AMs for the stocks managed under the FMP (NMFS 2010a).

Framework 53 (FW53) is intended to incorporate status changes for groundfish stocks, set specifications for several groundfish stocks, and adjust management measures for commercial and recreational fisheries that catch groundfish stocks. This framework incorporates the results of new stock assessments 44

into the setting of specifications, including catch limits for the U.S./Canada Resource Sharing Understanding and the distribution of ACLs to various components of the fishery (NEFMC 2015).

YELLOWTAIL FLOUNDER: GEORGES BANK

Factor 1.1 - Inherent Vulnerability

United States US New England, Trawl, Bottom

Medium

FishBase vulnerability score is 37 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US New England, Trawl, Bottom

High Concern

The 2015 assessment of Georges Bank (GB) yellowtail flounder did not use a stock assessment model framework and therefore cannot make historical estimates of biomass. In addition, no reference points are defined, so status determination relative to reference points is not possible (TRAC 2015). However, the 2014 survey biomass levels are similar to those observed in the mid-1990s when the stock was declared collapsed (Stone et al. 2004), which indicates that GB yellowtail flounder is in a poor state. Recent catch is low relative to the estimated biomass, but catch curve analyses indicate high total mortality rates (TRAC 2015). Due to this, we have scored abundance as high concern.

Rationale: During the 2014 GB yellowtail flounder assessment, the TRAC agreed to discontinue use of the VPA assessment model, and instead, to use an empirical approach based on resource survey catches as the basis of catch advice.

In 2015, NEFMC wrote a proposal for consideration by NMFS to revise the configuration of the closed areas on Georges Bank to protect habitat and spawning fish. Whether or not these mangement measures, if implemented, would impact yellotail flounder stock dynamics is unknown.

Factor 1.3 - Fishing Mortality

United States US New England, Trawl, Bottom 45

High Concern

The 2015 assessment of Georges Bank (GB) yellowtail flounder did not use a stock assessment model framework and therefore cannot make historical estimates of fishing mortality rate. In addition, no reference points are defined, so status determination relative to reference points is not possible (TRAC 2015). However, although recent catch is low relative to the estimated biomass, catch curve analyses indicate high total mortality rates (TRAC 2015). Due to the lack of reference points and high mortality, GB yellowtail flounder fishing mortality is considered high concern.

YELLOWTAIL FLOUNDER: SOUTHERN NEW ENGLAND / MID-ATLANTIC

Factor 1.1 - Inherent Vulnerability

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

Medium

FishBase vulnerability score is 37 (Froese and Pauly 2012).

Factor 1.2 - Abundance

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

High Concern

Based on the 2015 updated yellowtail flounder stock assessment for the Southern New England/Mid- Atlantic, spawning stock biomass (SSB) in 2014 was estimated to be 502 mt, which is 26% of the biomass target for an overfished stock (SSBMSY proxy = 1,959)(NEFSC 2015f). Since the stock is overfished, we have scored abundance as high concern.

Factor 1.3 - Fishing Mortality

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

High Concern 46

Based on the 2015 update to the Southern New England/Mid-Atlantic yellowtail flounder stock assessment, the 2014 fully selected fishing mortality was estimated to be 1.64, which is 469% of the overfishing threshold proxy (FMSY proxy = 0.35) (NEFSC 2015f). Thus, this stock of yellowtail flounder is currently undergoing overfishing, and fishing mortality is of high concern.

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 B.

American plaice: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

Concern SUMMER FLOUNDER Medium 4.00: Low 1.00: High 2.000 Concern Concern ATLANTIC HALIBUT High 2.00: High 2.33: 2.159 Concern Moderate Concern OCEAN POUT High 2.00: High 2.33: 2.159 Concern Moderate Concern BLACKBACK: SOUTHERN NEW Low 2.00: High 2.33: 2.159 ENGLAND / MID-ATLANTIC Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 3.67: Low 2.709 Concern Concern PILOT WHALE, LONG-FINNED: High 2.00: High 3.67: Low 2.709 WESTERN NORTH ATLANTIC Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern 49

ATLANTIC ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Atlantic halibut: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

Species Inherent Abundance Fishing Subscore Vulnerability Mortality ATLANTIC COD: GEORGES BANK High 2.00: High 1.00: High 1.414 Concern Concern ATLANTIC COD: GULF OF MAINE High 2.00: High 1.00: High 1.414 Concern Concern WINDOWPANE FLOUNDER: GULF Medium 2.00: High 1.00: High 1.414 OF MAINE / GEORGES BANK Concern Concern BLACKBACK: GEORGES BANK Low 2.00: High 1.00: High 1.414 Concern Concern WITCH FLOUNDER Medium 2.00: High 1.00: High 1.414 Concern Concern YELLOWTAIL FLOUNDER: CAPE Medium 2.00: High 1.00: High 1.414 COD/ GULF OF MAINE Concern Concern YELLOWTAIL FLOUNDER: GEORGES Medium 2.00: High 1.00: High 1.414 BANK Concern Concern YELLOWTAIL FLOUNDER: Medium 2.00: High 1.00: High 1.414 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC THORNY SKATE High 1.00: Very 2.33: 1.526 High Concern Moderate Concern SUMMER FLOUNDER Medium 4.00: Low 1.00: High 2.000 Concern Concern ATLANTIC HALIBUT High 2.00: High 2.33: 2.159 Concern Moderate Concern OCEAN POUT High 2.00: High 2.33: 2.159 Concern Moderate Concern BLACKBACK: SOUTHERN NEW Low 2.00: High 2.33: 2.159 50

ENGLAND / MID-ATLANTIC Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 3.67: Low 2.709 Concern Concern PILOT WHALE, LONG-FINNED: High 2.00: High 3.67: Low 2.709 WESTERN NORTH ATLANTIC Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 51

Low Concern Low Concern

Summer flounder: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Summer flounder: Mid-Atlantic Coast: United States US Mid Atlantic, Trawl, Bottom

Subscore:: 1.000 Discard Rate: 0.90 C2 Rate: 0.900

Species Inherent Abundance Fishing Subscore Vulnerability Mortality LOGGERHEAD TURTLE High 1.00: Very 1.00: High 1.000 High Concern Concern 53

WITCH FLOUNDER Medium 2.00: High 1.00: High 1.414 Concern Concern YELLOWTAIL FLOUNDER: Medium 2.00: High 1.00: High 1.414 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC THORNY SKATE High 1.00: Very 2.33: 1.526 High Concern Moderate Concern SUMMER FLOUNDER: MID- Medium 4.00: Low 1.00: High 2.000 ATLANTIC COAST Concern Concern BLACKBACK: SOUTHERN NEW Low 2.00: High 2.33: 2.159 ENGLAND / MID-ATLANTIC Concern Moderate Concern BUTTERFISH Low 2.00: High 3.67: Low 2.709 Concern Concern SHORT-BEAKED COMMON High 2.00: High 3.67: Low 2.709 DOLPHIN Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern RISSO'S DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC SCUP Medium 5.00: Very 5.00: Very 5.000 54

Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Windowpane flounder: Gulf of Maine / Georges Bank: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Windowpane flounder: Southern New England / Mid-Atlantic: United States US Mid Atlantic, Trawl, Bottom

Subscore:: 1.000 Discard Rate: 0.90 C2 Rate: 0.900

Species Inherent Abundance Fishing Subscore Vulnerability Mortality LOGGERHEAD TURTLE High 1.00: Very 1.00: High 1.000 High Concern Concern WITCH FLOUNDER Medium 2.00: High 1.00: High 1.414 Concern Concern YELLOWTAIL FLOUNDER: Medium 2.00: High 1.00: High 1.414 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC THORNY SKATE High 1.00: Very 2.33: 1.526 High Concern Moderate Concern SUMMER FLOUNDER: MID- Medium 4.00: Low 1.00: High 2.000 ATLANTIC COAST Concern Concern BLACKBACK: SOUTHERN NEW Low 2.00: High 2.33: 2.159 ENGLAND / MID-ATLANTIC Concern Moderate Concern BUTTERFISH Low 2.00: High 3.67: Low 2.709 Concern Concern SHORT-BEAKED COMMON High 2.00: High 3.67: Low 2.709 DOLPHIN Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern RISSO'S DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 57

Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC SCUP Medium 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Windowpane flounder: Southern New England / Mid-Atlantic: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

BLACKBACK: SOUTHERN NEW Low 2.00: High 2.33: 2.159 ENGLAND / MID-ATLANTIC Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 3.67: Low 2.709 Concern Concern PILOT WHALE, LONG-FINNED: High 2.00: High 3.67: Low 2.709 WESTERN NORTH ATLANTIC Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern 59

SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Blackback: Georges Bank: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Blackback: Gulf of Maine: United States US New England, Gillnet, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

Species Inherent Abundance Fishing Subscore Vulnerability Mortality ATLANTIC COD: GEORGES BANK High 2.00: High 1.00: High 1.414 61

Concern Concern ATLANTIC COD: GULF OF MAINE High 2.00: High 1.00: High 1.414 Concern Concern HUMPBACK WHALE High 2.00: High 1.00: High 1.414 Concern Concern YELLOWTAIL FLOUNDER: CAPE Medium 2.00: High 1.00: High 1.414 COD/ GULF OF MAINE Concern Concern FIN WHALE: WESTERN NORTH High 1.00: Very 2.33: 1.526 ATLANTIC High Concern Moderate Concern NORTH ATLANTIC RIGHT WHALE High 1.00: Very 2.33: 1.526 High Concern Moderate Concern THORNY SKATE High 1.00: Very 2.33: 1.526 High Concern Moderate Concern ATLANTIC HALIBUT High 2.00: High 2.33: 2.159 Concern Moderate Concern HARBOR PORPOISE High 2.00: High 2.33: 2.159 Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 3.67: Low 2.709 Concern Concern GRAY SEAL: WESTERN NORTH High 2.00: High 3.67: Low 2.709 ATLANTIC Concern Concern HARBOR SEAL: WESTERN NORTH High 2.00: High 3.67: Low 2.709 ATLANTIC Concern Concern HARP SEAL: WESTERN NORTH High 2.00: High 3.67: Low 2.709 ATLANTIC Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern HOODED SEAL High 2.00: High 5.00: Very 3.162 Concern Low Concern MINKE WHALE: CANADIAN EAST High 2.00: High 5.00: Very 3.162 COAST Concern Low Concern PILOT WHALE, LONG-FINNED: High 2.00: High 5.00: Very 3.162 62

WESTERN NORTH ATLANTIC Concern Low Concern RISSO'S DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Blackback: Gulf of Maine: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

SUMMER FLOUNDER Medium 4.00: Low 1.00: High 2.000 Concern Concern ATLANTIC HALIBUT High 2.00: High 2.33: 2.159 Concern Moderate Concern OCEAN POUT High 2.00: High 2.33: 2.159 Concern Moderate Concern BLACKBACK: SOUTHERN NEW Low 2.00: High 2.33: 2.159 ENGLAND / MID-ATLANTIC Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 3.67: Low 2.709 Concern Concern PILOT WHALE, LONG-FINNED: High 2.00: High 3.67: Low 2.709 WESTERN NORTH ATLANTIC Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC 64

ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Blackback: Southern New England / Mid-Atlantic: United States US Mid Atlantic, Trawl, Bottom

Subscore:: 1.000 Discard Rate: 0.90 C2 Rate: 0.900

Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern RISSO'S DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC SCUP Medium 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Witch flounder: United States US Mid Atlantic, Trawl, Bottom

Subscore:: 1.000 Discard Rate: 0.90 C2 Rate: 0.900

DOLPHIN Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern RISSO'S DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC SCUP Medium 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Witch flounder: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

BLACKBACK: GEORGES BANK Low 2.00: High 1.00: High 1.414 Concern Concern WITCH FLOUNDER Medium 2.00: High 1.00: High 1.414 Concern Concern YELLOWTAIL FLOUNDER: CAPE Medium 2.00: High 1.00: High 1.414 COD/ GULF OF MAINE Concern Concern YELLOWTAIL FLOUNDER: GEORGES Medium 2.00: High 1.00: High 1.414 BANK Concern Concern YELLOWTAIL FLOUNDER: Medium 2.00: High 1.00: High 1.414 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC THORNY SKATE High 1.00: Very 2.33: 1.526 High Concern Moderate Concern SUMMER FLOUNDER Medium 4.00: Low 1.00: High 2.000 Concern Concern ATLANTIC HALIBUT High 2.00: High 2.33: 2.159 Concern Moderate Concern OCEAN POUT High 2.00: High 2.33: 2.159 Concern Moderate Concern BLACKBACK: SOUTHERN NEW Low 2.00: High 2.33: 2.159 ENGLAND / MID-ATLANTIC Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 3.67: Low 2.709 Concern Concern PILOT WHALE, LONG-FINNED: High 2.00: High 3.67: Low 2.709 WESTERN NORTH ATLANTIC Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern 68

Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Yellowtail flounder: Cape Cod/ Gulf of Maine: United States US New England, Gillnet, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

Species Inherent Abundance Fishing Subscore Vulnerability Mortality ATLANTIC COD: GEORGES BANK High 2.00: High 1.00: High 1.414 Concern Concern ATLANTIC COD: GULF OF MAINE High 2.00: High 1.00: High 1.414 Concern Concern HUMPBACK WHALE High 2.00: High 1.00: High 1.414 Concern Concern YELLOWTAIL FLOUNDER: CAPE Medium 2.00: High 1.00: High 1.414 COD/ GULF OF MAINE Concern Concern FIN WHALE: WESTERN NORTH High 1.00: Very 2.33: 1.526 ATLANTIC High Concern Moderate Concern NORTH ATLANTIC RIGHT WHALE High 1.00: Very 2.33: 1.526 High Concern Moderate Concern THORNY SKATE High 1.00: Very 2.33: 1.526 High Concern Moderate 69

Concern ATLANTIC HALIBUT High 2.00: High 2.33: 2.159 Concern Moderate Concern HARBOR PORPOISE High 2.00: High 2.33: 2.159 Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 3.67: Low 2.709 Concern Concern GRAY SEAL: WESTERN NORTH High 2.00: High 3.67: Low 2.709 ATLANTIC Concern Concern HARBOR SEAL: WESTERN NORTH High 2.00: High 3.67: Low 2.709 ATLANTIC Concern Concern HARP SEAL: WESTERN NORTH High 2.00: High 3.67: Low 2.709 ATLANTIC Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern HOODED SEAL High 2.00: High 5.00: Very 3.162 Concern Low Concern MINKE WHALE: CANADIAN EAST High 2.00: High 5.00: Very 3.162 COAST Concern Low Concern PILOT WHALE, LONG-FINNED: High 2.00: High 5.00: Very 3.162 WESTERN NORTH ATLANTIC Concern Low Concern RISSO'S DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 70

Concern Concern ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Yellowtail flounder: Cape Cod/ Gulf of Maine: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Yellowtail flounder: Georges Bank: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern SHORT-BEAKED COMMON High 2.00: High 5.00: Very 3.162 DOLPHIN Concern Low Concern BLACKBACK: GULF OF MAINE Low 3.00: 3.67: Low 3.318 Moderate Concern Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WHITE HAKE High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC ATLANTIC POLLOCK High 5.00: Very 3.67: Low 4.284 Low Concern Concern AMERICAN PLAICE High 4.00: Low 5.00: Very 4.472 Concern Low Concern HADDOCK: GEORGES BANK High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern HADDOCK: GULF OF MAINE High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 Low Concern Low Concern

Yellowtail flounder: Southern New England / Mid-Atlantic: United States US Mid Atlantic, Trawl, Bottom

Subscore:: 1.000 Discard Rate: 0.90 C2 Rate: 0.900

YELLOWTAIL FLOUNDER: Medium 2.00: High 1.00: High 1.414 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC THORNY SKATE High 1.00: Very 2.33: 1.526 High Concern Moderate Concern SUMMER FLOUNDER: MID- Medium 4.00: Low 1.00: High 2.000 ATLANTIC COAST Concern Concern BLACKBACK: SOUTHERN NEW Low 2.00: High 2.33: 2.159 ENGLAND / MID-ATLANTIC Concern Moderate Concern BUTTERFISH Low 2.00: High 3.67: Low 2.709 Concern Concern SHORT-BEAKED COMMON High 2.00: High 3.67: Low 2.709 DOLPHIN Concern Concern BARNDOOR SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ROSETTE SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern SMOOTH SKATE Medium 4.00: Low 2.33: 3.053 Concern Moderate Concern WINTER SKATE High 4.00: Low 2.33: 3.053 Concern Moderate Concern ATLANTIC WHITE-SIDED DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern BOTTLENOSE DOLPHIN: WESTERN High 2.00: High 5.00: Very 3.162 NORTH ATLANTIC, OFFSHORE Concern Low Concern RISSO'S DOLPHIN High 2.00: High 5.00: Very 3.162 Concern Low Concern CLEARNOSE SKATE High 5.00: Very 2.33: 3.413 Low Concern Moderate Concern LITTLE SKATE Medium 5.00: Very 2.33: 3.413 Low Concern Moderate Concern MONKFISH High 4.00: Low 3.67: Low 3.831 Concern Concern WINDOWPANE FLOUNDER: Medium 4.00: Low 3.67: Low 3.831 SOUTHERN NEW ENGLAND / MID- Concern Concern ATLANTIC SCUP Medium 5.00: Very 5.00: Very 5.000 Low Concern Low Concern SPINY DOGFISH High 5.00: Very 5.00: Very 5.000 75

Low Concern Low Concern

Yellowtail flounder: Southern New England / Mid-Atlantic: United States US New England, Trawl, Bottom

Subscore:: 1.414 Discard Rate: 0.90 C2 Rate: 1.273

Criterion 2 Assessment

ATLANTIC COD: GEORGES BANK

Factor 2.1 - Inherent Vulnerability 77

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

The FishBase vulnerability score for Atlantic cod is 65 (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High Concern

The Georges Bank cod population had an estimated SSB of 13,216 mt (following retrospective pattern adjustment), which is only 7% of the SSBMSY (186,535mt) (NEFSC 2013b).

Rationale: The highest biomass of the time series considered in the latest stock assessment was in 1980 at 96,864 mt before declining to 19,220 mt in 1995. After a brief increase in the late 1990s to 25,624 mt in 2001, biomass again declined to a historic low of 10,121 mt in 2010. The biomass has since increased, but it is still well below threshold values and rebuilding is minimal(NEFSC 2013b).Recruitment (age 1 fish) has been below the series average for the last two decades and has not exceeded the long-term mean since 1991. Recruitment in 2011 is estimated at 7.3 million fish, compared to the mean recruitment of 13.6 million fish(NEFSC 2013b). Considering the current trend in low recruitment, it is unlikely that rebuilding of this stock will occur in the short to medium term.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High Concern 78

Overfishing is occurring in the Georges Bank cod fisheries as total fishing mortality in 2011 was 0.43, compared to an FMSY of 0.18 (NEFSC 2013b).

Rationale:

The Georges Bank cod fisheries have failed to meet the FREBUILD target set at 0.18 in Amendment 13 of the NE Multi FMP (Federal Register 2004). Management has failed to effectively reduce fishing mortality to allow rebuilding of the Georges Bank cod stock. A new management system based on hard TACs and quotas (rather than the previous days-at-sea effort control) was introduced in 2010, but FMSYPROXYwas exceeded in 2010 and 2011, suggesting quotas are too high. Cod is caught using large-mesh otter trawls, large-mesh gillnets, and rod & reel; each method contributes 55%, 36% and 3% to landing volumes, respectively. As cod is a target species in each of these fisheries, all methods are considered to be contributing toward overfishing.

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

The discard to landings ratios in the fisheries are as follows:- Mid-Atlantic large-mesh otter trawl 41% - New England large-mesh otter trawl 48% - New England large-mesh gillnet 47%(From (NMFS 2011b))

Rationale: Due to the nature of the monitoring program, these data are based on port-of-departure for fishing vessels and do not necessarily align exactly with geographic distributions of specific stocks (Wigley et al. 2011). Nevertheless, both divisions of the otter trawl fishery have discards-to-landings ratios that fall within the range of 40%–60% (NMFS 2011b).Two recent studies using different methodologies both found an approximately 80% discard mortality rate for summer flounder caught in otter trawls (Hasbrouck et al. 2008)(Yergey et al. 2012).The NE large-mesh gillnet fishery has a discard to landings ratio of 47%, while the NE extra-large-mesh gillnet fishery has a discards-to-landings ratio of 21%(NMFS 2011b). However, while both fisheries target groundfish managed by the NE Multispecies FMP—possibly including flatfish (NMFS 2011b)—the large-mesh fishery is probably responsible for the majority of flatfish landings as extra-large-mesh nets are likely to miss all but the largest flatfish (e.g., halibut). Seafood Watch therefore uses the discards-to-landings ratio of the large-mesh gillnet fishery.

ATLANTIC COD: GULF OF MAINE

Factor 2.1 - Inherent Vulnerability 79

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

The FishBase vulnerability score for Atlantic cod is 65 (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High Concern

The Gulf of Maine cod population is estimated to be below the SSBTHRESHOLD(NEFSC 2013b).

Rationale: The most recent stock assessment of Gulf of Maine cod used two different models to estimate the biomass of the stock; the M0.2 model estimated a SSB2011of 9,903 mt compared to a SSBTHRESHOLD of

27,372 mt, and the MRAMP model estimated a SSB2011 of 10,221 mt compared to a SSBTHRESHOLD of 40,100 mt(NEFSC 2013b). Both models show that the biomass is well below threshold targets and remains in an overfished state. Recruitment has declined in recent years and in both models is at a historical low(NEFSC 2013b).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High Concern

Overfishing is occurring on the Gulf of Maine stock of Atlantic cod as F2011 was above FMSYPROXY (NEFSC 2013b).

Rationale:

Fishing mortality was estimated to be 0.86 or 0.90 by the M0.2 and MRAMP models, respectively. Although this represents a decline from historical highs in the mid-1990s, it is still 4.7 or 5.0 times higher than

FMSYPROXY as predicted by each model (NEFSC 2013b).

The Gulf of Maine cod fisheries have failed to meet the target of F=0.21 as set in Amendment 13 of the New England Multispecies Fishery Management Plan (NE Multi FMP) (Federal Register 2004). Management has failed to effectively reduce fishing mortality to allow rebuilding of the Georges Bank cod stock. A new management system based on hard TACs and quotas (rather than the previous days- at-sea effort control) was introduced in 2010, but FMSYPROXY was exceeded in 2010 and 2011, suggesting quotas are too high. Cod is caught using large-mesh otter trawls, large-mesh gillnets, and rod & reel; each method contributes 55%, 36% and 3% to landing volumes, respectively. As cod is a target species in each of these fisheries, all methods are considered to be contributing toward overfishing.

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

HUMPBACK WHALE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

High Concern

The best abundance estimate for humpback whales in the Gulf of Maine is 847 individuals (from the 2006 survey) with a minimum population set to the 2008 mark-recapture based count of 823 individuals (Waring et al. 2015). The most recent available data suggests that the population in the Gulf of Maine is steadily increasing in size, which is consistent with an average increase in the wider North Atlantic population as a whole. Nevertheless, the population may be below the OSP within the US EEZ (Waring et al. 2015). As it is unknown whether abundance is at a sustainable level and whales are considered to have a high vulnerability to fishing pressure we have deemed abundance a high conservation concern.

Rationale:

The most recent line-transect survey (from 2011), which did not include the Scotian Shelf portion of the stock, produced of abundance an unrealistic estimate because at least 500 uniquely identifiable individual whales from the GOM stock were seen during the calendar year of that survey and the actual population would have been larger because re-sighting rates of GOM humpbacks have historically been <1 (Waring et al. 2015).

NOAA intends to revise the ESA listing for humpback whales in order to identify 14 Distinct Population Segments (DPS). Two of these DPSs will be listed as threatened, 2 as endangered, and 10 others will be delisted/not warrant listing (NOAA 2015). The West Indies DPS includes whales (approximately 90 percent) whose breeding and feeding ranges take place in the North Atlantic (Gulf of Maine, Gulf of St. Lawrence, West Greenland, and eastern Canada) (NOAA 2015). The West Indies DPS will not be included 82

on the revised ESA list.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

High Concern

The average annual human-related mortality and serious injury rate exceeds the PBR (2.7 whales per year). Between 2008 and 2012, the minimum annual rate of mortalities due to US fisheries are estimated to be 8.90 animals per year (Waring et al. 2015). The contribution of gillnet fisheries (the only fishery within the scope of this report known to have interactions with humpback whales) is unknown, but the Gulf of Maine population is a strategic stock and is one of the stocks that forms the basis of the Category I listing of the Northeast sink gillnet fishery (NMFS 2015). The Atlantic Large Whale Take Reduction Plan (ALWTRP) has been implemented to reduce the fishing mortality of humpback whales and other ceteaceans in the MMPA, and includes gear restrictions, rules for net storage, and arrangement of lines to minimize entanglement (NMFS 2014). Because the PBR is exceeded and this fishery is Category I for humpback whale, but they are currently managed by the ALWTRP, they are ranked as high concern.

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

40-60%

including flatfish (NMFS 2011b)—the large-mesh fishery is probably responsible for the majority of flatfish landings as extra-large-mesh nets are likely to miss all but the largest flatfish (e.g., halibut). Seafood Watch therefore uses the discards-to-landings ratio of the large-mesh gillnet fishery.

LOGGERHEAD TURTLE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

High

Seafood Watch considers turtles to have a high vulnerability to fishing activities (SFW Criteria document p9).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

Very High Concern

Loggerhead turtles are listed under the Endangered Species Act as threatened in the Northwest Atlantic distinct population segment (DPS), and endangered or threatened in every other DPS (NOAA).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

High Concern

Bycatch is a significant threat facing loggerhead turtles in the Northwest Atlantic, particularly from gillnets, longlines, and trawl gear (Conant et al. 2009). Aside from the shrimp trawl fishery, which is responsible for the largest share of fishery-related loggerhead turtle mortality in the US Atlantic , Conant et al. (2009) report that the summer flounder bottom trawl fishery is also known to capture sea turtles, as is the Mid-Atlantic directed finfish trawl fishery (which includes the other flatfish species caught in the region). Despite the federally mandated use of turtle excluder devices (TEDs) in certain 84

areas, the Mid-Atlantic, federally managed, bottom otter trawl (which includes, but is not limited to, the region’s summer flounder fishery) had an estimated average annual bycatch of 616 loggerhead turtles during 1996-2004 (Conant et al. 2009, NMFS 2011b). The Mid-Atlantic otter trawl fishery accounts for a substantial share of the fishing-related mortality of this endangered stock, but management measures that are believed to be somewhat effective in constraining mortality are in place. Zero loggerhead turtle bycatch was recorded during 2001-2005 in the New England otter trawl and gillnet fisheries (NMFS 2011b).

Rationale: Bycatch of loggerhead sea turtles in commercial fisheries in the Northwest Atlantic is a significant threat to the species, and gillnets and trawl gear, including the summer flounder fishery, are among the primary contributors to mortality. For this reason, the summer flounder fishery is the only trawl fishery, other than the shrimp fishery, to have federally mandated TED use in certain areas (Conant et al. 2009), known as the Summer Flounder Fishery Sea Turtle Protection Area(NOAA 2011a) (Fig. A11). While loggerhead turtles may venture farther north than (and beyond the protections of) the Sea Turtle Protection Area, NMFS is considering extending the northern boundary farther north (NMFS 2009a, Warden 2011).Other flatfish caught in the MA bottom trawl fishery (windowpane, winter, witch, and yellowtail flounders) may not be commonly associated with loggerhead sea turtle bycatch (Warden 2011).

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

40-60%

Seafood Watch therefore uses the discards-to-landings ratio of the large-mesh gillnet fishery.

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

Region / Method Management Management Overall of of Recommendation Retained Non-Retained Species Species United States US Mid Atlantic 4.000 3.000 Green(3.464) Trawl, Bottom United States US New England 3.000 3.000 Yellow(3.000) Gillnet, Bottom United States US New England 3.000 3.000 Yellow(3.000) Trawl, Bottom

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.’ 87

• 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 United States US Mid Highly N/A Highly Highly Moderately Highly Highly Atlantic Effective Effective Effective Effective Effective Effective Trawl, Bottom United States US New Moderately Moderately Highly Moderately Highly Moderately Highly England Effective Effective Effective Effective Effective Effective Effective Gillnet, Bottom United States US New Moderately Moderately Highly Moderately Highly Moderately Highly England Effective Effective Effective Effective Effective Effective Effective Trawl, Bottom

Management of the mid-Atlantic large-mesh otter trawl fishery is of low conservation concern, while the Northeast multispecies fisheries carry moderate concern with regard to management of retained species. While catch limits have been somewhat less conservative than the levels Seafood Watch deems necessary for ‘highly appropriate’ management, and new management measures have not yet been in place long enough to permit assessment of their long-term impacts, the stocks managed by the NEFMC and MAFMC have generally experienced mixed (in the case of NEFMC) to positive (in the case of MAFMC) impacts. Newly implemented measures will likely improve results further.

Subfactor 3.1.1 – Management Strategy and Implementation

Considerations: What type 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.

United States US Mid Atlantic, Trawl, Bottom

Highly Effective 88

Summer flounder is managed under the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (SFSCBSB FMP). The Mid-Atlantic Fisheries Management Council (MAFMC) and Atlantic States Marine Fisheries Commission (ASFMC) jointly develop complementary fishery regulations for federal and state waters, respectively, and the National Marine Fisheries Service (NMFS) implements and enforces these regulations. The original summer founder FMP was implemented in 1988 when summer flounder stock biomass was at its lowest point since the 1960s. The scup FMP and black sea bass FMP were each incorporated into the overall FMP in 1996 by Amendments 8 and 9, respectively (Terceiro 2011b).

Rationale: To address historic overcapitalization of the fleet and to limit and reduce fishing effort, Amendment 2 to the SFSBSB FMP introduced—and Amendment 10 extended indefinitely—a moratorium on the entry of additional vessels into the summer flounder fishery in the EEZ (MAFMC & ASFMC 1997)(MAFMC 1993).The commercial summer flounder fishery is managed through a combination of permits, minimum fish sizes, quotas and gear restrictions. The owners or operators of any vessel issued a moratorium permit are required to submit vessel trip reports monthly (NOAA 2011a).According to the Code of Federal Regulations, Title 50, Part 648, Subpart G, summer flounder ACLs and ACTs may be established on an annual basis for up to three years at a time, depending on whether acceptable biological catch (ABC) recommendations are for single or multiple years.Management has recently been evaluating the status of the summer flounder stock on a yearly basis with assessment updates published in 2011, 2010 and 2009. Previous updates had been published in 2006, 2003 and 1999 (Terceiro 1999)(Terceiro 2003)(Terceiro 2006a)(Terceiro 2009)(Terceiro 2010)(Terceiro 2011b). The most recent peer review of the assessment occurred in 2008 at the 47th Stock Assessment Workshop (NEFSC 2008a).The plan implemented by MAFMC for 2012 includes an ABC that is 81% of the October 2011 revised OFL. The scientific uncertainty offset from OFL is therefore 19%. This ABC is associated with a 40% probability of overfishing the stock, consistent with the council’s risk policy but exceeding the 30% probability deemed by Seafood Watch as the threshold for risk-averse management. NMFS expected this ABC to ensure that summer flounder are not subject to overfishing in 2012. The sum of commercial and recreational sector ACLs would equal the ABC. Based on the recommendation of a monitoring committee, which the FMP established for the specific purpose of recommending management measures necessary to achieve appropriate catch limits, the ACT was set equal to ACL, implying no offset for management uncertainty. The final commercial quota and recreational harvest limits also account for estimated discards and a research set-aside (RSA) of 3% (NMFS & MAFMC 2011).In recent years, management has done a good job of keeping fishing mortality within established limits. For instance, in 2011, less than 93% of the allotted quota (including both recreational and commercial fisheries) was landed (NOAA). Discard data for this year were not available at the time of this report’s publication, but as mentioned above, the regulatory process subtracts expected discards from the commercial and recreational ACLs to obtain quotas for commercial and recreational fisheries(NMFS & MAFMC 2011). 89

Figure 20. Summer flounder landings in calendar year 2011 (NOAA).

Management of the summer flounder fishery accounts for both commercial and recreational harvest as well as for bycatch in other fisheries (NMFS & MAFMC 2011). The 47th SAW examined environmental influences on stock dynamics and concluded that while some commonly measured environmental factors appeared related to recruitment success, their inclusion in summer flounder population dynamics models would not improve reliability of forecasts or biological reference points(NEFSC 2008a).

Three commercially targeted species are covered by the summer flounder, scup and black sea bass FMP. Management has proven effective in rebuilding or maintaining all stocks at high productivity. Since implementation of the original summer flounder FMP in 1988, SSB increased from about 7,000 mt in 1989 to over 40,000 mt by 2002 and was estimated at 60,238 mt in 2010. As SSBMSY was estimated at 60,074 mt in 2010, this stock was therefore considered to have been rebuilt (Terceiro 2011b). Scup SSBMSY was estimated at 92,044 mt in 2010, whereas since implementation of the SFSCBSB FMP, SSB increased from below 5000 mt in mid-1990s to greater than 100,000 mt since 2004; it was estimated at 186,262 mt in 2010 (Terceiro 2011a). The black sea bass fishery is data poor, but abundance indices generally show biomass peaking in the early 2000s and declining back to the series average by the end of the decade (NEFSC 2012a). The long-term impact of management on this stock has been neutral overall.

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderately Effective

The New England Fishery Management Council (NEFMC) administers the Northeast Multispecies Fishery Management Plan (NE Multispecies FMP), which manages American plaice, Atlantic halibut, windowpane flounder, blackback, witch flounder and yellowtail flounder together with seven other groundfish species (NMFS 2012b).The NE multispecies groundfish complex has been managed by seasonal and year-round area closures, gear restrictions (e.g., mesh size, number of nets/hooks, etc.), minimum fish size limits, trip limits on poundage of fish per trip, limited access (number of participants in the fishery) and restrictions on the yearly number of DAS when vessels are allowed to fish for groundfish (CFR Title 50 § 648).

Rationale: In 2010, Amendment 16 to the NE Multispecies FMP greatly expanded catch share via sector-based management. The sectors function essentially as cooperatives; they are self-selecting and largely self- regulating. The sectors are exempt from many of the effort controls previously used to manage the fishery; instead, they adhere to an overall hard quota known as an annual catch limit (ACL), which is subdivided into annual catch entitlements (ACE) allocated to each sector. The shift to output management instead of effort management enables efficiency gains by allowing increased operational efficiency. While sectors are optional to join, the majority of fishers have chosen to participate: sector vessels made 65% of all NE multispecies landings in 2010, including 98% of groundfish and 54% of non- groundfish(Kitts et al. 2011)(NMFS 2012b).Under the Magnuson-Stevens Act, the ACL must be set less than or equal to the acceptable biological catch (ABC), which must be set less than or equal to the overfishing level (OFL) (Figure 19) (NOAA 2009a). 91

Figure 19. Relationship between OFL, ABC, ACL and ACT (NOAA 2009a).

Under current regulations, the estimated probabilities that overfishing occurs (i.e., F > FMSY) if catch is equal to ABC for each flatfish stock are all below 30% (Table A1a, A1b).Stock assessments account for all sources of fishing mortality, including commercial and recreational landings and discards (e.g., (NEFSC 2008b)(NEFSC 2012c)) as well as environmental factors. In fact, new regulations even include an allocation of yellowtail flounder (with accompanying AMs) specifically to the scallop fishery, which otherwise discards a substantial number of yellowtail flounder ((NEFSC 2008b)(TRAC 2011)).There have been some concerns with the management strategy in the past, particularly with respect to depleted stocks (see “Recovery of stocks of concern” below). In addition, in many cases, target TACs have been set too high due to errors in stock assessments, and there has been a need for increased precaution (see “Scientific advice”). The management system, however, has substantially changed under Amendment 16, which is expected to reduce the race to fish and improve conservation outcomes. For example, discards have been greatly reduced and are now carefully monitored, and the fishery now relies on hard ACLs rather than target TACs, all of which help reduce the likelihood of exceeding sustainable fishing mortality rates for targeted stocks. In addition, while in the past it was possible for target TACs to be exceeded, sectors have not exceeded their ACLs because the regulations are based on effort control (DAS) rather than output control (Kitts et al. 2011). The new management regime has not been in place long enough to fully assess its impact.

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.

United States US Mid Atlantic, Trawl, Bottom

N/A

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderately Effective

As the primary goal of the Magnuson-Stevens Act is to provide for the conservation and management of fisheries, the act prohibits overfishing and mandates the development and implementation of rebuilding plans for overfished stocks. Rebuilding plans are required to be as short as possible, generally not exceeding 10 years, taking into account the status and biology of the stock, the needs of fishing communities, the place of the stock within the marine ecosystem, other environmental factors, and international agreements in which the United States participates (MSA § 304(e)(4)) (Magnuson-Stevens Fishery Conservation and Management Act 1976).

Rationale: Pursuant to the requirements of the MSA, the NEFMC significantly revised its management measures with the passage of Amendment 16 to the NE Multispecies FMP in order to end overfishing, rebuild overfished stocks and mitigate the adverse economic impacts of these measures. Amendment 16 also implemented new requirements for the establishment of ABCs, ACLs and accountability measures for each stock managed under the FMP(NMFS 2010a).The Northeast groundfish fishery includes species and stocks that are overfished. For these species and stocks, Amendment 16 to the NE Multispecies FMP has implemented rebuilding plans that are generally scheduled to rebuild the stocks by 2014–17 by decreasing fishing pressure on these stocks as much as practicable. Where enough data exist to calculate probability of success, the FMP targets a 75% likelihood of rebuilding by target dates (NMFS 2010a).However, the most recent (2010) analysis of the success of rebuilding plans for species in the fishery suggests a lower success rate. Twenty Northeast region stocks are in rebuilding plans. Thirteen have successfully controlled fishing mortality, eight are rebuilding biomass and three are fully rebuilt (Georges Bank haddock, pollock and spiny dogfish) (NMFS 2011c). Of the remaining seven stocks where overfishing is not controlled, six have not shown an increase in biomass (Georges Bank cod, Gulf of 93

Maine thorny skate, white hake, blackback and two stocks of yellowtail flounder)(NMFS 2011c). For many of these species, rebuilding successfully within the specified timeframe is not likely. However, rebuilding plans are due to be adjusted where needed as indicated by new assessments. It is probable that the rebuilding plans will eventually succeed, particularly as current management measures that are more conducive to rebuilding are now in place although not reflected in 2010 or earlier data (see “management strategy and evaluation”).

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.

United States US Mid Atlantic, Trawl, Bottom

Highly Effective

Stock assessments based on abundance and fishing mortality for summer flounder have been published regularly over the last decade including in 2011, 2010, 2009, 2006 and 2003 ((Terceiro 2003)(Terceiro 2006a)(Terceiro 2009)(Terceiro 2010)(Terceiro 2011b)). A formal peer reviewed assessment of summer flounder was last performed in 2008 (NEFSC 2008a). Assessments incorporate both fishery-dependent data and fishery-independent data from research surveys (Terceiro 2011b).Fisheries observers are required under all Northeast Region FMPs. The Northeast Fishery Observer Program, managed by NOAA’s Northeast Fisheries Science Center, places observers onboard fishing vessels to record weights of kept and discarded fish and crustacean species on observed hauls. Observers also record biological sampling information (tags, lengths and sometimes age and sex) for all commercial species caught including by¬catch of marine mammals, sea turtles and seabirds (NMFS 2011b).The authority of NMFS to place observers aboard fishing vessels comes from the Magnuson-Stevens Act, the Marine Mammal Protection Act and the Endangered Species Act (NMFS 2011b). Observer coverage is identical for retained and discarded/bycatch species, as observers monitor both retained catch and discards. Among the fisheries primarily responsible for summer flounder landings, observer coverage in 2011 was 3.5% in the Mid-Atlantic large-mesh otter trawl and 8.0% in the New England large-mesh otter trawl (Wigley et al. 2011). Sampling intensity has increased nearly ten-fold since 1995, when 165 mt were landed for every 100 fish lengths measured, to 17 mt of landings for every 100 fish lengths measured (Terceiro 2011b).

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom 94

Highly Effective

The Magnuson-Stevens Act mandates that management be based upon the best scientific information available. The NE Multispecies Plan Development Team of the NEFMC therefore is required to prepare a stock assessment and fishery evaluation report annually along with a biannual fishery review using the most current scientific information provided from the NOAA Northeastern Fisheries Science Center and other sources (Title 50 § 648.90). This information is used to set catch limits and other regulations.

Rationale: Fisheries observers are required under all Northeast Region FMPs. The Northeast Fishery Observer Program, managed by NOAA’s Northeast Fisheries Science Center, places observers onboard fishing vessels to record weights of kept and discarded fish and crustacean species on observed hauls. Observers also record biological sampling information (tags, lengths, age and sex) for all species caught including by¬catch of marine mammals, sea turtles, and seabirds (NMFS 2011b).The authority of NMFS to place observers aboard fishing vessels comes from the Magnuson-Stevens Act, the Marine Mammal Protection Act and the Endangered Species Act (NMFS 2011b). Observer coverage is identical for retained and discarded/bycatch species, as observers monitor both retained catch and discards.

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.

United States US Mid Atlantic, Trawl, Bottom

Highly Effective

The Magnuson-Stevens Act mandates that management be based upon the best scientific information available. There is no recent track record of management exceeding advised TACs/ACTs.

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderately Effective

The Magnuson-Stevens Act mandates that management be based on the best scientific information available. There is no evidence of management exceeding advised TACs/ACTs for flatfish. However, the Conservation Law Foundation notes that 2012 catch levels for Gulf of Maine cod may be set dangerously close to the overfishing limit for a stock that is already in very poor health, such that the risk of 95

accidental overfishing will be intolerably high (CLF 2012)(Shelley 2012). Historically, NMFS has sometimes set quotas too high, as discussed previously in this report, whether from management not heeding scientific advice by allowing a sufficient precautionary buffer or from changes in the best available science over time indicating that previous estimates had been overly optimistic (and catch limits therefore too permissive). The NEFMC and NMFS have a mixed record overall on setting catch limits, which is characteristic of moderately effective management.

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.

United States US Mid Atlantic, Trawl, Bottom

Moderately Effective

The Mid-Atlantic Fishery Management Council obtains information from observer data, a DAS database and vessel trip reports (NMFS 2011b) in addition to dealer reports (Title 50 § 648.103). Vessel operators must fill out monthly VTRs for every trip even if no fishing was conducted in a given month (NMFS 2011a). VTRs contain information for each trip taken including catch, effort, gear characteristics and spatial information (NMFS 2011b). High agreement between VTRs and dealer records suggests that “misreporting of landings does not occur at sizeable levels”(NMFS 2011b). However, since 2000, observer program data has generally indicated higher discard rates than those reported in VTRs (Terceiro 2011b). Current stock assessments base their discard estimates on observer reports (Terceiro 2011b), so the effect of any VTR misreporting is perhaps somewhat diminished. Management measures available to the MAFMC are similar to those of the NEFMC and include: Adjustments within existing ABC control rule levels; adjustments to the existing MAFMC risk policy; introduction of new AMs, including sub-ACTs; minimum fish size; maximum fish size; gear restrictions; gear requirements or prohibitions; permitting restrictions; recreational possession limit; recreational seasons; closed areas; commercial seasons; commercial trip limits; commercial quota system including commercial quota allocation procedure and possible quota set-asides to mitigate bycatch; recreational harvest limit; specification quota setting process; FMP monitoring committee composition and process; description and identification of essential fish habitat (and fishing gear management measures that impact essential fish habitat (EFH); description and identification of habitat areas of particular concern; regional gear restrictions; regional season restrictions (including option to split seasons); restrictions on vessel size (LOA and GRT) or shaft horsepower; operator permits; any other commercial or recreational management measures; any other management measures currently included in the FMP; and set-aside quota for scientific research. (CFR Title 50 § 648.103)Accountability measures (AMs) permit management to take actions such as decreasing catch limits for the following year if allowable catch is exceeded in any given year. 96

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Highly Effective

All commercial otter trawl and gillnet fishing vessels participating in the Northeast multispecies fishery are required to carry vessel monitoring system (VMS) equipment as well as to fill out monthly vessel trip reports (VTRs) for every trip, even if no fishing was conducted in a given month (NMFS 2006)(NMFS 2011b). VTRs contain information for each trip taken including catch, effort, gear characteristics and spatial information (NMFS 2011b). In addition, dealers are required to report total landings by market category (NMFS 2011b). High agreement between VTRs and dealer records suggest that “misreporting of landings does not occur at sizeable levels”(NMFS 2011b). Independent observer coverage was approximately 30% of all trips in 2010 and 2011, varying from approximately 25%–40% depending on sector. Due to costs, coverage is expected to decline to approximately 25% in fishing year 2012 (which starts in May 2012) (Grant 2011).

Rationale: In addition to VMS, VTRs, dealer reports and observer data, the NE multispecies fishery is managed based on the most current scientific information provided by the NOAA Northeast Fisheries Science Center as well as a DAS database and dealer reports (NMFS 2011b). Management measures available to the New England Fishery Management Council include input/effort-based management measures such as seasonal and year-round area closures, gear restrictions (e.g., mesh size, number of nets/hooks, etc.), limited access (number of participants in the fishery) and restrictions on the yearly number of DAS when vessels are allowed to fish for groundfish (CFR Title 50 § 648). Other measures include output-based management measures such as setting hard total allowable catch limits, minimum fish size limits, trip limits on poundage of fish per trip and accountability measures (AMs) (CFR Title 50 § 648.90).Accountability measures permit management to take actions, such as decreasing catch limits for the following year, and impose civil penalties or permit sanctions if allowable catch is exceeded in any given year (CFR Title 50 § 648.87). Other AMs include such actions as proactively instituting no- possession rules for overfished stocks, including SNE/MA blackback (currently in place), and requiring selective trawl gear in defined areas if catch limits are exceeded ((NMFS 2011c)(NMFS 2012b)).In July 2011, NFMS decided to redirect the funding for dockside monitoring and phased it out by mid- September 2011. Dockside monitoring is no longer required for fishing years 2011 & 2012. Beginning with the 2013 fishing year, Amendment 16 to the NE multispecies FMP requires that dockside monitoring be funded by the fishing industry (NERO 2011).

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.

United States US Mid Atlantic, Trawl, Bottom

Highly Effective

As discussed previously, management has successfully rebuilt the summer flounder stock from record

low levels when the plan was first implemented in 1988 to SSBMSY in 2010; the scup and black sea bass stocks have been similarly rebuilt.

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderately Effective

Management has had a mixed track record for maintaining stock abundance. Several stocks within the groundfish complex have been recently rebuilt including Georges Bank haddock and SNE windowpane flounder. However, other stocks have also become overfished including witch flounder, northern windowpane flounder and pollock. Rebuilding programs for these stocks, as well as other stocks that are not yet rebuilt, are in place (NMFS 2010a)(NMFS 2012b). The newest measures to control overfishing and rebuild stocks, including Amendment 16 to the NE multispecies FMP, are expected to have a positive effect (NMFS 2010a). Nevertheless, these measures have not yet been in place long enough to permit an assessment of their long-term impacts on stock abundance and ecosystem integrity.

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.

United States US Mid Atlantic, Trawl, Bottom 98

Highly Effective

The MAFMC takes public testimony at all council meetings and accepts written comments as well (MAFMC). The MAFMC is required to provide the public with advance notice of recommended adjustments, appropriate justification, economic and biological analyses, and the opportunity to comment on the proposed amendments (CFR Title 50 § 648.110). NMFS also accepts public comment during the rulemaking process.

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Highly Effective

The New England Fishery Management Council accepts oral and written comments at all public hearings and considers these in the process of setting catch specifications and adjusting the management framework (Title 50 § 648.90).

Bycatch Strategy

Factor 3.2: Management of fishing impacts on bycatch species Region / Method All Kept Critical Strategy Research Advice Enforce United States US Mid Atlantic No No Moderately Moderately Moderately Moderately Trawl, Bottom Effective Effective Effective Effective United States US New England No No Moderately Moderately Moderately Moderately Gillnet, Bottom Effective Effective Effective Effective United States US New England No No Moderately Moderately Moderately Moderately Trawl, Bottom Effective Effective Effective Effective Overall, the New England otter trawl and gillnet fisheries and the Mid-Atlantic otter trawl fishery have appropriate goals and strategies for managing fishing impacts on bycatch species but do not unequivocally meet the standards of highly effective implementation and monitoring.

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.).

United States US Mid Atlantic, Trawl, Bottom 99

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderately Effective

The Magnuson-Stevens Act (MSA) requires management to prevent overfishing and rebuild any fish stocks that are overfished (MSA §301 and 303) (Magnuson-Stevens Fishery Conservation and Management Act 1976). Marine mammals are further protected under the Marine Mammal Protection Act (MMPA) of 1972, which provides for the maintenance of marine mammal populations at or above their optimum sustainable levels and requires the replenishment of depleted stocks. Some species of fish, marine mammals, sea turtles and seabirds are protected under the Endangered Species Act of 1973, which provides for the conservation of species that are endangered or threatened with extinction throughout all or a significant portion of their range as well as the conservation of the ecosystems upon which they depend (Endangered Species Act 1973). These three policy frameworks direct all US FMPs to prevent the overexploitation of all species caught in each fishery, whether targeted or incidental.The MSA requires that all management measures must minimize bycatch to the extent practicable and minimize mortality of bycatch when bycatch is unavoidable (MSA § 301(a)(9) and § 303(a)(11)) (Magnuson-Stevens Fishery Conservation and Management Act 1976).To comply with the MSA requirement to include a standardized bycatch reporting methodology (SBRM) in all FMPs, and prompted by successful lawsuits by Oceana, the Conservation Law Foundation and the Natural Resources Defense Council, the NEFMC and MAFMC jointly developed an omnibus amendment corresponding to Amendment 15 to the NE multispecies FMP and Amendment 16 to the summer flounder, scup and black sea bass FMP. The SBRM amendment is meant to “establish, maintain and utilize biological sampling programs designed to minimize bias to the extent practicable, thus promoting accuracy while maintaining sufficiently high levels of precision” (NMFS 2008).To be approved to operate, sectors must submit an operations plan to the regional administrator (NEFMC) detailing, among other things, how bycatch of regulated species and ocean pout will be avoided beyond the allowable catch entitlement (Title 50 CFR §648.87).To address harbor porpoise mortality in gillnet fisheries, NMFS updated its Harbor Porpoise Take Reduction Plan (HPTRP) to reduce mortality below the PBR threshold level. Measures implemented in New England include new areas with acoustic deterrent (“pinger”) requirements (Fig. A10a) as well as “consequence” closure areas that would seasonally close certain areas to gillnet fishing if the observed average bycatch rate exceeds the target bycatch rate for two consecutive management seasons (Fig. A10b) (75 FR 7383). Acoustic deterrents are highly effective in reducing harbor porpoise bycatch in gillnets when used properly. A controlled scientific study showed a 92% reduction in harbor porpoise bycatch with the use of “pingers” (Kraus et al. 1997). Area closures, if triggered and properly enforced, should also be highly effective. However, at this time, levels of bycatch are at 28% of the PBR level for harbor porpoises. Fishery-related mortality and serious injury is only considered significant if it is below 10% of the PBR. Management is therefore considered uncertain until data demonstrate that bycatch has fallen below the PBR threshold, particularly considering recent concerns with regulations compliance (see “Enforcement”).Title 50 CFR §223.206 requires turtle excluder device (TED) use in certain areas and at certain times for the summer flounder fishery (NMFS 2011b) (Fig. A11). These devices, while not 100% effective, do successfully reduce turtle bycatch rates 100

(Murray 2008). The areas and seasons requiring TED use are presumably selected to protect the greatest concentrations of sea turtles; for example, the protected areas encompass much of the region where one study predicted the highest interaction rates (Warden 2011). However, as waters warm in the summer and fall, turtles may range further north(Warden 2011) where they are subject to capture in trawl gear that does not have TEDs installed. NMFS is considering strengthening sea turtle protections by increasing the size of the TED escape opening required in the summer flounder fishery and expanding the zones where TEDS are required to include the more northerly regions of sea turtle occurrence (NMFS 2009a)(Warden 2011). Loggerhead sea turtles are not regularly encountered in the New England fisheries (NMFS 2011b), so there are no TED requirements for the NE otter trawl and gillnet fisheries. Cumulative sea turtle fisheries mortality is not addressed in a matter analogous to the protections afforded to marine mammals, and loggerheads are still threatened by the level of cumulative mortality (Finkbeiner et al. 2011).Three seabird species listed as endangered by the ESA or considered a conservation concern—the Bermuda petrel or cahow (Pterodroma cahow), the northeast nesting population of the roseate tern (Sterna dougallii dougallii), and the Atlantic red-throated loon (Gavia stellata)—may potentially interact with fishing gear in the Northeast, but bycatch estimates were generally not available as of 2011(NMFS 2011b). The exception was a recent study of common loon and red-throated loon bycatch in gillnets off the US Atlantic coast, which found that while total bycatch of red-throated loons reached about 60% of the PBR threshold, rendering bycatch a serious concern, none of this bycatch was attributable to the New England gillnet fishery (Warden 2010). Bycatch estimation methods for the remaining seabirds are currently being developed (NMFS 2011b).

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.

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderately Effective

Fisheries observers are required under all Northeast Region FMPs (see “Scientific research & monitoring” section below), and these observers monitor quantity and composition of catch and bycatch. Observer coverage rates in Northeast bottom trawl fisheries were about 15% in 2013, down from about 25% in 2011 (NEFSC 2015).The Northeast Fishery Observer Program, managed by NOAA’s Northeast Fisheries Science Center, places observers onboard fishing vessels to record weights of kept 101

and discarded fish and crustacean species on observed hauls. Observers also record biological sampling information (tags, lengths, age and sex) for all species caught, including bycatch of marine mammals, sea turtles and seabirds (NMFS 2011b).Due to the rarity of some bycatch species, the same level of observer coverage that is sufficient for monitoring retained species may not always be sufficient for monitoring bycatch species; similarly, a given level of coverage may be sufficient for a large fishery but not for a small one. Standard bycatch reporting methodology (SBRM) indicates that a simple percent coverage is not appropriate and instead indicates that the appropriate metric of coverage is the coefficient of variation (CV), or the ratio of the square root of the variance of the bycatch estimate (i.e., standard error) to the estimate itself. SBRM establishes a standard level of precision of CV = 0.3 (NMFS 2008).The US National Bycatch Report, a comprehensive report on the state of bycatch in US fisheries that draws on data from as recently as 2013, indicates that the additional monitoring required to achieve a 30% CV for fish, invertebrates and turtles across all NE bottom trawl fisheries would be 4,800 DAS, which would be moderately feasible. The NE sink gillnet fisheries would require ~2,600 DAS to reach this benchmark. In 2014, the total days at sea needed to reach this benchmark for the NE and MA otter trawl fisheries is 4,289 DAS (small mesh otter trawl) and 9,362 (large mesh otter trawl).Of the protected species (cetaceans and sea turtles) that are incidentally caught as bycatch in the NE and MA otter trawl fisheries and the NE gillnet fisheries, all have a CV < 0.3 except for NE gillnet fishery bycatch of the Atlantic white-sided dolphin (0.61), the short-beaked common dolphin (0.55), and Risso’s dolphin (0.46) (Waring et al. 2014). Of these, the Risso’s dolphin is not a strategic species and had an average annual mortality of 33 animals (CV = 0.22) per year attributable to the mid-Atlantic bottom trawl fishery. The US National Bycatch Report ranked fisheries using a tiered system (refer to Table A3 for descriptions of the relevant tiers) to describe the quality of information available about bycatch of fish, marine mammals and other protected species. The NE otter trawl and gillnet fisheries each rated as Tier 4 for fish and marine mammals and Tier 3 for other protected species, whereas the MA otter trawl rated as Tier 3 for fish and marine mammals and Tier 4 for other protected species (NMFS 2011b). These ratings indicate that bycatch data collection and analysis are generally good or fair but have room for improvement.The National Bycatch Report addresses concerns and makes recommendations for improving monitoring of bycatch based on the Northeast Region Omnibus SBRM Amendment (NEFMC & MAFMC 2007). These largely center on increasing observer coverage to attain the recommended CV of 30% for rare species, as well as verifying industry data (i.e., VTRs) more thoroughly. A third recommendation is to implement the serious injury determination protocol for marine mammals that was outlined by Anderson et al. (Anderson et al. 2008). Lastly, the report recommends completing a full assessment of needs to improve seabird bycatch data collection and estimation (NMFS 2011b).Observers in the MA otter trawl fishery recently started collecting more information about the types of trawl nets and TEDs being used, so this data will enable analysis of whether gear type affects turtle bycatch rates (NMFS 2011b).

102

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.

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderately Effective

There is no reason to score this factor any differently than for retained species. Although the MSA requires that management be based on the best available scientific advice, some stocks may not get the full level of protection necessary to rebuild or prevent depletion, as discussed in Section 3.1, above.

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.

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderately Effective

Enforcement may be somewhat weaker for bycatch species than for retained species. For instance, when a study demonstrated the effectiveness of acoustic pingers in reducing harbor porpoise bycatch (Kraus et al. 1997), a take reduction plan was subsequently implemented in the fishery and harbor porpoise bycatch decreased from above 1500 animals per year prior to 1996 to below 500 animals per year during 1999–2001. However, within several years of implementation, compliance decreased and the bycatch of harbor porpoises started to increase. Outreach activities increased in 2006–2007 to remind fishers about TRP requirements; compliance subsequently increased, and so bycatch started decreasing again (NMFS 2011b), reaching a mean annual mortality of 572 animals during 2004–2008 (Waring et al. 2010). However, the total human-caused annual mortality of harbor porpoises from U.S. fisheries in 2007-2011 was 665 animals (CV = 0.16)(Waring et al. 2013).Recently published data from 2009–2010 suggest that acoustic pinger deployment rates in the Gulf of Maine were just 43%, with full 103

compliance (accounting for functionality as well) at only 6.7% (Orphanides 2012a). Although observed deployment rates were higher in 2011–2012 (73% for Southern New England and 80% for the Gulf of Maine), improvements are still needed. Target bycatch rates for harbor porpoises continue to be exceeded, which is believed to be due to inadequate compliance with deployment regulations as well as pinger malfunction (Orphanides 2012b).In addition, the National Bycatch Report notes that VTRs do not note the use or condition of TEDs, so it is difficult to monitor the compliance and effectiveness of TED use in reducing sea turtle bycatch (NMFS 2011b).

104

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

Region / Method Gear Type and Mitigation of EBFM Overall Recomm. Substrate Gear Impacts United States US Mid Atlantic 2.00:Moderate 0.25:Minimal 3.00:Moderate Yellow (2.598) Trawl, Bottom Concern Mitigation Concern United States US New England 3.00:Low 0.50:Moderate 3.00:Moderate Green (3.240) Gillnet, Bottom Concern Mitigation Concern United States US New England 2.00:Moderate 0.50:Moderate 3.00:Moderate Yellow (2.739) Trawl, Bottom Concern Mitigation Concern

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 105

• 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.

United States US Mid Atlantic, Trawl, Bottom

Moderate Concern

The flatfish that are the focus of this report reside primarily on sand, silt, mud or clay substrates, although halibut and blackback can sometimes be found on gravel. Of these, there is no directed fishery for halibut, and blackback tend to be found primarily in waters shallower than 50 m, although they are sometimes found in water depths of up to 80 m (Cargnelli et al. 1999a)(Cargnelli et al. 1999b)(Chang et al. 1999)(Johnson et al. 1999)(Packer et al. 1999)(Pereira et al. 1999)(Collette & Klein-MacPhee 2002)(Johnson 2004). Closer inshore, blackback frequent areas of muddy sand broken up by patches of eelgrass, but the fishery is not believed to interact with the eelgrass habitat (pers. comm.(Orth 2012). Although less resilient gravel habitats are not uncommon in the Northeast, fishing activity targeting flatfish generally occurs over sandy and muddy substrates.The mid-Atlantic fishing region is dominated by sand with approximately 5% gravel (pers. comm., Stokesbury 2012; NEFMC 2010b). Summer flounder often occur in sand patches near eelgrass beds or among dock pilings (Collette & Klein-MacPhee 2002); however, since 1980, about 70% of commercial landings of summer flounder have come from further than three miles offshore (Terceiro 2011b), so the threat to fragile biogenic habitat (i.e., seagrass) is diminished. Eelgrass distribution is limited to the depth of sunlight penetration, typically about 2–3 meters below the mean low water level in this region, and is not believed to extend to where this fishery operates (Orth 2012)(Neckles et al. 2005). The risk of damage to seagrass beds is low, as is the risk to low-energy gravel and other less resilient habitats.The gillnet fishery may possibly fish over boulder habitat in general, but considering that none of the flatfish covered by this report are found in such habitat, any vessel targeting them is not likely to disturb rocky habitat.

the seabed is mainly a function of bottom type (rock, sand, mud, etc.) and gear type (dredge, beam, otter trawl, etc.). Some types of trawling gear cause less damage (i.e., otter trawls vs. scallop dredge), and some sediment types (and their associated ecosystems) are more resilient to the disturbances caused by trawling. In a review of fishing effects, Collie et al. (Collie et al. 2000) found that fauna associated with sandy (coarser) sediments were less affected by disturbance than those in soft, muddy (biogenic) sediments. Recovery rates appear to be slower in muddy and structurally complex habitats, while mobile sandy sediment communities can withstand 2–3 trawl passes per year without significant (adverse) changes (Collie et al. 2000).Otter trawling has been ranked as causing less disturbance to the sea floor than other types of trawling such as inter-tidal and scallop dredging (Collie et al. 2000) NOAA 2002b, but it is probable that repetitive trawling in these areas causes significant and possibly adverse changes to seabed ecosystems along the US East Coast.

United States US New England, Gillnet, Bottom

Low Concern

The flatfish that are the focus of this report reside primarily on sand, silt, mud or clay substrates, although halibut and blackback can sometimes be found on gravel. Of these, there is no directed fishery for halibut, and blackback tend to be found primarily in waters shallower than 50 m, although they are sometimes found in water depths of up to 80 m (Cargnelli et al. 1999a)(Cargnelli et al. 1999b)(Chang et al. 1999)(Johnson et al. 1999)(Packer et al. 1999)(Pereira et al. 1999)(Collette & Klein-MacPhee 2002)(Johnson 2004). Closer inshore, blackback frequent areas of muddy sand broken up by patches of eelgrass, but the fishery is not believed to interact with the eelgrass habitat (pers. comm.(Orth 2012). Although less resilient gravel habitats are not uncommon in the Northeast, fishing activity targeting flatfish generally occurs over sandy and muddy substrates.The mid-Atlantic fishing region is dominated by sand with approximately 5% gravel (pers. comm., Stokesbury 2012; NEFMC 2010b). Summer flounder often occur in sand patches near eelgrass beds or among dock pilings (Collette & Klein-MacPhee 2002); however, since 1980, about 70% of commercial landings of summer flounder have come from further than three miles offshore (Terceiro 2011b), so the threat to fragile biogenic habitat (i.e., seagrass) is diminished. Eelgrass distribution is limited to the depth of sunlight penetration, typically about 2–3 meters below the mean low water level in this region, and is not believed to extend to where this fishery operates (Orth 2012), Neckles et al. 2005, pers. comm.(Orth 2012). The risk of damage to seagrass beds is low, as is the risk to low-energy gravel and other less resilient habitats.The gillnet fishery may possibly fish over boulder habitat in general, but considering that none of the flatfish covered by this report are found in such habitat, any vessel targeting them is not likely to disturb rocky habitat.

the resilience of the seabed, and 3) the amount and frequency of the disturbance.Several studies on the effects of bottom trawling have focused on the heavily trawled fishing grounds in the northwest Atlantic (Collie et al. 1997; Collie et al. 2000). Prena et al. (1999), for example, conducted an experimental trawl study on the Grand Banks off Newfoundland and reported that “otter trawling on a sandy bottom ecosystem can produce detectable changes on both benthic habitat and communities, in particular a significant reduction in the biomass of large epibenthic fauna.”Bottom trawl disturbance of the seabed is mainly a function of bottom type (rock, sand, mud, etc.) and gear type (dredge, beam, otter trawl, etc.). Some types of trawling gear cause less damage (i.e., otter trawls vs. scallop dredge), and some sediment types (and their associated ecosystems) are more resilient to the disturbances caused by trawling. In a review of fishing effects, Collie et al. (2000) found that fauna associated with sandy (coarser) sediments were less affected by disturbance than those in soft, muddy (biogenic) sediments. Recovery rates appear to be slower in muddy and structurally complex habitats, while mobile sandy sediment communities can withstand 2–3 trawl passes per year without significant (adverse) changes (Collie et al. 2000).Otter trawling has been ranked as causing less disturbance to the sea floor than other types of trawling such as inter-tidal and scallop dredging (Collie et al. 2000; NOAA 2002b), but it is probable that repetitive trawling in these areas causes significant and possibly adverse changes to seabed ecosystems along the US East Coast

United States US New England, Trawl, Bottom

Moderate Concern

The flatfish that are the focus of this report reside primarily on sand, silt, mud or clay substrates, although halibut and blackback can sometimes be found on gravel. Of these, there is no directed fishery for halibut, and blackback tend to be found primarily in waters shallower than 50 m, although they are sometimes found in water depths of up to 80 m (Cargnelli et al. 1999a)(Cargnelli et al. 1999b)(Chang et al. 1999)(Johnson et al. 1999)(Packer et al. 1999)(Pereira et al. 1999)(Collette & Klein-MacPhee 2002)(Johnson 2004). Closer inshore, blackback frequent areas of muddy sand broken up by patches of eelgrass, but the fishery is not believed to interact with the eelgrass habitat (pers. comm.(Orth 2012). Although less resilient gravel habitats are not uncommon in the Northeast, fishing activity targeting flatfish generally occurs over sandy and muddy substrates.The mid-Atlantic fishing region is dominated by sand with approximately 5% gravel (pers. comm., Stokesbury 2012; NEFMC 2010b). Summer flounder often occur in sand patches near eelgrass beds or among dock pilings (Collette & Klein- MacPhee 2002); however, since 1980, about 70% of commercial landings of summer flounder have come from further than three miles offshore (Terceiro 2011b), so the threat to fragile biogenic habitat (i.e., seagrass) is diminished. Eelgrass distribution is limited to the depth of sunlight penetration, typically about 2–3 meters below the mean low water level in this region, and is not believed to extend to where this fishery operates (Orth 2012)(Neckles et al. 2005). The risk of damage to seagrass beds is low, as is the risk to low-energy gravel and other less resilient habitats.The gillnet fishery may possibly fish over boulder habitat in general, but considering that none of the flatfish covered by this report are found in such habitat, any vessel targeting them is not likely to disturb rocky habitat. 108

Rationale: Trawling impacts sea floor communities by scraping the ocean bottom causing 1) sediment re- suspension (turbidity) and smoothing, 2) removal and/or damage to non-target species, and 3) destruction of three-dimensional habitats, both biotic and abiotic (Auster and Langton 1999). The degree of impact is determined by many factors, most notably 1) the type and weight of gear used, 2) the resilience of the seabed, and 3) the amount and frequency of the disturbance.Several studies on the effects of bottom trawling have focused on the heavily trawled fishing grounds in the northwest Atlantic (Collie et al. 1997)(Collie et al. 2000). Prena et al. (Prena et al. 1999), for example, conducted an experimental trawl study on the Grand Banks off Newfoundland and reported that “otter trawling on a sandy bottom ecosystem can produce detectable changes on both benthic habitat and communities, in particular a significant reduction in the biomass of large epibenthic fauna.”Bottom trawl disturbance of the seabed is mainly a function of bottom type (rock, sand, mud, etc.) and gear type (dredge, beam, otter trawl, etc.). Some types of trawling gear cause less damage (i.e., otter trawls vs. scallop dredge), and some sediment types (and their associated ecosystems) are more resilient to the disturbances caused by trawling. In a review of fishing effects, Collie et al. (Collie et al. 2000) found that fauna associated with sandy (coarser) sediments were less affected by disturbance than those in soft, muddy (biogenic) sediments. Recovery rates appear to be slower in muddy and structurally complex habitats, while mobile sandy sediment communities can withstand 2–3 trawl passes per year without significant (adverse) changes (Collie et al. 2000).Otter trawling has been ranked as causing less disturbance to the sea floor than other types of trawling such as inter-tidal and scallop dredging (Collie et al. 2000) NOAA 2002b, but it is probable that repetitive trawling in these areas causes significant and possibly adverse changes to seabed ecosystems along the US East Coast.

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. 109

United States US Mid Atlantic, Trawl, Bottom

Minimal Mitigation

The NEFMC and MAFMC, which are responsible for managing the New England otter trawl and gillnet fisheries and the Mid-Atlantic otter trawl fishery, respectively, employ a variety of techniques to mitigate impacts of the fisheries on habitat. Between permanent, rolling and seasonal area closures, gear restrictions and effort controls, Seafood Watch deems the Northeast fisheries to have ‘Moderate mitigation’. A smaller proportion of habitats are closed to bottom-tending gears in the Mid-Atlantic compared to the New England region, so the Mid-Atlantic trawl fishery rates as having ‘Minimal mitigation’.

Rationale: The Sustainable Fisheries Act of 1996 (SFA), which amended the Magnuson-Stevens Act Fishery Conservation and Management Act (MSA), greatly strengthened habitat protections for marine, estuarine and anadromous finfish, mollusks and crustaceans. Emphasizing the importance of habitat protection for healthy fisheries, the SFA charged NMFS and the Fishery Management Councils with taking stronger actions to protect and conserve essential fish habitat (EFH), which the MSA defines as “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity” (NEFMC & NMFS 1998). Consequently, the NEFMC implemented Amendment 11 to identify and describe EFH for all of its managed species, to identify all major fishing and non-fishing related threats to EFH, and to identify existing and potential mechanisms to protect, conserve and enhance EFH(NEFMC & NMFS 1998).In order to minimize, mitigate or avoid adverse impacts on EFH, the NEFMC has taken measures including closing certain areas to fishing, instituting permit systems, effort reduction (DAS) measures and gear restrictions(Orphanides & Magnusson 2007). Closed areas consist of permanent year-round closures prohibiting all bottom-tending mobile gears (for EFH) and to all gears capable of catching species managed under the multispecies FMP (Fig. 21 and A12) as well as “rolling” closures in the Gulf of Maine and a seasonal closure in Georges Bank (Fig. A13) (Orphanides & Magnusson 2007). These areas are primarily designed to protect concentrations of juvenile and spawning adult fish (NEFMC 1996). In addition, restricted gear areas (RGAs) protect other locations by setting more limits on gear such as requiring Ruhle trawls or haddock separators. These gear modifications significantly reduce bycatch of cod and various flatfish species without significantly altering catches of target species (i.e., haddock) (Beutel et al. 2008)(Dankel et al. 2009). These areas include the Inshore Restricted Roller Gear Area (Fig. A14), the Mobile Gear and Lobster Trap/Pot RGAs (Fig. A15), the Western Georges Bank and Southern New England RGAs (with restrictions specifically tailored to protect flatfish; Fig. A16) and the Whaleback Cod Spawning Closure Area (prohibiting all gears capable of catching groundfish, including even gillnets, for part of the year; Fig. A17).All told, the NEFMC has placed varying degrees of protection on a substantial portion of representative habitats. Approximately 28% of the US portion of Georges Bank was closed to all trawl and dredge fisheries between 1995 and 1998, although portions of these areas were reopened to scallop dredging in 1999 and 2000 (Brodziak and Link 2002). The Gulf of Maine has a smaller proportion of representative habitat that is completely off-limits to bottom-tending gear, but a substantial amount of habitat remains under partial protection. Overall, closed areas have been 110

expanding in size and duration since 1996(Orphanides & Magnusson 2007).One of the primary strategies that the MAFMC has used to protect summer flounder EFH has been to set state level quotas; state level closures have been frequent (Orphanides & Magnusson 2007). When a closure is in effect, trawling activity and its impact to EFH is reduced.With regard to direct protection of EFH, there are restrictions on trawling in approximately 20% of representative habitats in the Mid-Atlantic, but only a portion of these are closed to mobile fishing gears; other areas allow trawl gear based on mesh size. These protections include the Northern and Southern Scup GRAs (Fig. A18), which set a minimum mesh size of 5.0” (NOAA), and the recent closure of four submarine canyons to all trawling (Fig. A19) in order to protect juvenile and adult tilefish (NOAA 2009a).

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderate Mitigation

(NEFMC 1996). In addition, restricted gear areas (RGAs) protect other locations by setting more limits on gear such as requiring Ruhle trawls or haddock separators. These gear modifications significantly reduce bycatch of cod and various flatfish species without significantly altering catches of target species (i.e., haddock) (Beutel et al. 2008)(Dankel et al. 2009). These areas include the Inshore Restricted Roller Gear Area (Fig. A14), the Mobile Gear and Lobster Trap/Pot RGAs (Fig. A15), the Western Georges Bank and Southern New England RGAs (with restrictions specifically tailored to protect flatfish; Fig. A16) and the Whaleback Cod Spawning Closure Area (prohibiting all gears capable of catching groundfish, including even gillnets, for part of the year; Fig. A17).All told, the NEFMC has placed varying degrees of protection on a substantial portion of representative habitats. Approximately 28% of the US portion of Georges Bank was closed to all trawl and dredge fisheries between 1995 and 1998, although portions of these areas were reopened to scallop dredging in 1999 and 2000 (Brodziak and Link 2002). The Gulf of Maine has a smaller proportion of representative habitat that is completely off-limits to bottom-tending gear, but a substantial amount of habitat remains under partial protection. Overall, closed areas have been expanding in size and duration since 1996(Orphanides & Magnusson 2007).One of the primary strategies that the MAFMC has used to protect summer flounder EFH has been to set state level quotas; state level closures have been frequent (Orphanides & Magnusson 2007). When a closure is in effect, trawling activity and its impact to EFH is reduced.With regard to direct protection of EFH, there are restrictions on trawling in approximately 20% of representative habitats in the Mid-Atlantic, but only a portion of these are closed to mobile fishing gears; other areas allow trawl gear based on mesh size. These protections include the Northern and Southern Scup GRAs (Fig. A18), which set a minimum mesh size of 5.0” (NOAA), and the recent closure of four submarine canyons to all trawling (Fig. A19) in order to protect juvenile and adult tilefish (NOAA 2009a)

112

Figure 21. Year-round EFH closure areas are closed to all bottom-tending mobile gears (NOAA).

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 113

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. United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Moderate Concern

Flounders and plaice are neither top predators nor basal prey in their ecosystems; they are also not known to be keystone or foundational species. Atlantic halibut, while greatly depleted from historic abundance levels, are not considered an endangered species. Therefore, none of the flatfish considered in this report are “species of exceptional importance,” as defined by Seafood Watch.Consideration of the food web and ecosystem processes in management is a work in progress in the Atlantic fisheries. Currently, broad issues are considered, but more in the sense of setting general context rather than specific regulations. The effects of the environment on target stocks are primarily considered (as discussed in Factor 3.1, ”Management impacts on retained stocks”, above) rather than effects of the fishery on the environment. In addition, EFH protections for juvenile fish and spawning adults, such as those described above, are likely to protect entire demersal assemblages of fish (except, of course, in the case of Ruhle trawls and haddock separators).The NEFMC is beginning to implement a five-year strategy to transition to ecosystem-based management of fisheries, and while the MAFMC has not yet framed a comparable strategy, it is expected to do so shortly. Such management would replace individual management plans with holistic integrated plans for defined ecological regions with considerations for predator-prey relationships, competition, habitat status and gear impacts. Protected species will all be taken into account under the umbrella plan. Efforts are underway by the New England Fishery Management Council to develop ecosystem-based fishery management (EBFM) in three phases: establish goals and objectives, identify management and scientific requirements to implement EBFM in the region, and implement EBFM using quota-based management in all ecosystem production units (NEFMC SSC 2011). Impacts on the ecosystem and food web are considered to be moderate until implementation of such plans is underway.

Rationale: In 2010, the Scientific and Statistical Committee of the New England Fishery Management Council (NEFMC) developed a white paper on ecosystem-based fisheries management (EBFM). The NEFMC 114

white paper lays out an implementation plan for EBFM that includes developing elements of a full EBFM strategy to inform current FMPs during a transition period. The first step will be to define ecosystem production units (EPUs) to serve as the basis of EBFM management units. Thus far, four EPUs have been identified: Western-Central Gulf of Maine, Eastern Gulf of Maine-Scotian Shelf, Georges Bank-Nantucket Shoals and Middle-Atlantic Bight. Additional steps include identifying issues and ecosystem services associated with each EPU, defining EBFM objectives to be achieved for each EPU (along with risks of failure), developing management strategies to achieve EBFM objectives, and defining EPU status and designing reporting requirements and assessment tools required to monitor progress towards EBFM objectives (NEFMC SSC 2010). Implementation of full EBFM is expected to take six years (NEFMC SSC 2011).

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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. 116

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Waring et al.. 2014. Waring, G.T., Josephson, E., Maze-Foley, K., Rosel, P.E., Editors. 2014b. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments - 2014. 11 Revised Stock Assessments.

Waring et al.. 2013. Waring, G.T., Josephson, E., Maze-Foley, K., Rosel, R.E., Editors 2013a. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments - 2012. Volume 1. March 2013

Waring et al.. 2011. Waring, G.T., Josephson, E., Maze-Foley, K., Rosel P.E., 2011. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments – 2011. Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA Fisheries, US Department of Commerce, Woods Hole, Massachusetts.

Waring et al.. 2010. Waring, G. T. e., E. e. Josephson, K. e. Maze-Foley, P. E. e. Rosel, K. Barry, B. Byrd, T. V. N. Cole, L. Engleby, C. Fairfield, L. P. Garrison, A. Glass, L. Hansen, J. Litz, C. Orphanides, R. M. Pace, D. L. Palka, M. C. Rossman, C. Sinclair, and F. W. Wenzel. 2010. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments - 2010. Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA Fisheries, US Department of Commerce, Woods Hole, Massachusetts.

Wigley et al.. 2011. Wigley, S. E., J. Blaylock, P. J. Rago, J. Tang, H. L. Haas, and G. Shield. 2011. Standardized Bycatch Reporting Methodology 3-year review report -- 2011 Part 1. Northeast Fisheries Science Center, NOAA National Marine Fisheries Service, US Department of Commerce, Woods Hole, Massachusetts. 129

Yergey et al.. 2012. Yergey, M. E., T. M. Grothues, K. W. Able, C. Crawford, and K. DeCristofer. 2012. Evaluating discard mortality of summer flounder (Paralichthys dentatus) in the commercial trawl fishery: Developing acoustic telemetry techniques. Fisheries Research 115-116:72-81. 130

Appendix A: Supplementary Tables and Figures

Table A1a - Probability that overfishing occurs (F>FMSY) if catch is equal to ABC (NEFSC 2008a)

1 The most recent assessment shows a retrospective pattern that overestimates stock size and underestimates fishing mortality in the terminal year of the assessment, and when this pattern is accounted for, the probability of overfishing increases to 96.9%

2 Assessment/projection model does not allow calculation of probability of overfishing

Species Stock 2012 Cod GB 0.170 Cod GOM 0.159 Haddock GB 0.018 Haddock GOM 0.014 Yellowtail Flounder1 GB 0.042 Yellowtail Flounder SNE/MA 0.046 Yellowtail Flounder CC/GOM 0.051 American Plaice GB/GOM 0.057 Blackback flounder GB 0.159 Blackback flounder SNE/MA 0.000 Blackback flounder GOM ~0.100 Pollock 0.00 Witch Flounder 0.150 Redfish 0.000 White Hake2 GB/GOM Windowpane2 GOM/GB

Windowpane2 SNE/MA Ocean Pout2 2 Atlantic Halibut

Table A1b – Exploitation index if FY 2012 ABC is applied to most recent stock size estimate (NEFSC 2008a)

Stock Stock Size ABC/Stock Size Percent of FMSY (3-year survey avg) GOM/GB 0.4608 0.367 73.4% windowpane

SNE/MAB 0.3512 0.675 46% windowpane ocean pout 0.4153 0.76 86%

131

Table A2. A comparison of proposed catch limits in 2012 vs. MSY (data from (NEFSC 2008a))

Stock Overfished MSY (mt) Total ACL ACL/MSY status (mt)

GB cod Overfished 31,159 4,861 0.156

GoM cod Overfished 10,392 8,551 0.823

GB haddock Not 32,746 29,260 0.894 overfished

GoM haddock Not 1,360 958 0.704 overfished

GB yellowtail Overfished 9,400 547.8 0.058

SNE/MA Overfished 6,100 936 0.153 yellowtail

CC/GoM Overfished 1,720 1,104 0.642 yellowtail

American plaice Not 4,011 3,459 0.862 overfished

Witch flounder Overfished 2,352 1,563 0.665

GB Blackback Not 4,400 3,575 0.813 flounder overfished

GoM Blackback Unknown Unknown (SSB2010 1,040 ? flounder = 6,341)

SNE/MA Overfished 11,728 603 0.051 Blackback flounder

Acadian redfish Not 10,139 8,786 0.867 overfished

White hake Overfished 5,800 3,465 0.597

Pollock Not 16,200 14,736 0.910 overfished

Northern Overfished 700 163 0.233 windowpane

Southern Not 500 381 0.762 windowpane overfished

Ocean pout Overfished 3,754 240 0.064

Atlantic halibut Overfished 3,500 83 0.024

Atlantic wolffish Overfished 278-311 77 0.248 - 0.277 132

Table A3. Descriptions of bycatch tiers relevant to fisheries targeting Atlantic flatfish (adapted from (NMFS 2011b)).

Tier 3 Tier 4 Availability Observer data generally available, but not Bycatch estimates complete, based on of Data necessarily on annual basis; sampling ranges from reliable observer data and strong sampling adequate to deficient, but design generally peer design; comprehensive data quality controls reviewed and appropriate; data quality control in place. ranges from minimal to comprehensive.

Analytical The bycatch estimates based on reliable observer Analytical approaches used to estimate Approaches data or recent logbook data. Overall, generally bycatch considered to be appropriate and robust and peer reviewed, but some analytical defensible. In addition to being externally concerns might remain. Assumptions identified, peer reviewed, all or at least the critical tested, and, in most cases, any problems with the assumptions of the analytical methods assumptions resolved. Generally little to no addressed and determined to be acceptable. statistical bias, although high statistical bias does Statistical bias negligible or absent in the occur in some cases. Estimates typically include estimators, and measures of uncertainty measures of uncertainty, although not necessarily at calculated for the majority of bycatch all levels in the sampling and estimation process estimates, although not necessarily (vessel, trip, and haul). incorporating the uncertainty associated with all levels of the process.

133

Figure A1. Map showing the Northeastern Atlantic States, as well as the extent of state and federal waters of the US (NEFSC 2008a). Coastal state jurisdiction extends 3 nautical miles offshore (and covers all internal bodies of water, including Cape Cod Bay, Long Island Sound, Delaware and Chesapeake Bays, and Albemarle and Pamlico Sounds), and US territorial waters extend to 12 nm offshore; the US Exclusive Economic Zone, or EEZ, extends up to 200 nm offshore.

134

Figure A2. Statistical areas used to define the American plaice stock (O'Brien 2006).

135

Figure A3. Statistical areas used to define the Gulf of Maine/Georges Bank region of the Altantic halibut stock (Brodziak and Col 2006).

136

Figure A4. Statistical areas used to define the summer flounder stock (Terceiro 2006b).

137

Figure A5. Statistical areas used to define the northern (Gulf of Maine & Georges Bank) and southern (Southern New England and Mid-Atlantic Bight) windowpane stocks (NEFSC 2008b).

138

Figure A6. Statistical areas used to define the Gulf of Maine, Georges Bank, and Southern New England/Mid-Atlantic Bight Blackback flounder stocks (NEFSC 2008b).

139

Figure A7. Statistical areas used to define the witch flounder stock (NEFSC 2008b).

140

Figure A8. Statistical areas used to define the Cape Cod/Gulf of Maine, Georges Bank, and Southern New England/Mid-Atlantic Bight yellowtail flounder stocks (NEFSC 2008b).

141

Figure A9. Distribution of U.S. Northeast and Mid-Atlantic bottom trawl effort, in days fished, by main species shown as the 75% effort contour (1996-2004). Main species is defined as the species with the greatest live weight on that trip. (1996-2004) (From (Orphanides and Magnusson 2007)). There is no directed fishery for Atlantic 142

halibut or windowpane flounder, and strict possession limits are in place, so these species by definition cannot be “main species.”

Figure A10a. HPTRP management scheme for New England when target bycatch rates are not exceeded, including new management areas in Stellwagen Bank and Southern New England requiring pinger use (NOAA 2010).

143

Figure A10b. HPTRP management scheme for New England when target bycatch rates are exceeded, showing triggered “consequence” areas (NOAA 2010).

144

Figure A11. Summer flounder small-mesh exemption areas and sea turtle protection area (NOAA 2011a).

145

Figure A12. Year-round closure areas under the Northeast Multispecies FMP, including general (FMP) closures and Essential Fish Habitat (EFH) areas closed to bottom trawl gear (Orphanides and Magnusson 2007); 50-m and 100-m depth contours are shown, as is the US EEZ boundary.

146

Figure A13. Seasonal closure areas defined under the NE Multispecies FMP including the Gulf of Maine Rolling Closure Areas and Georges Bank Seasonal Closure Area (Orphanides and Magnusson 2007).

147

Inshore Restricted Roller Gear Area

Figure A14. The Inshore Restricted Roller Gear Area places restrictions on certain trawl equipment (NOAA).

148

Mobile Gear and Lobster Trap/Pot RGAs

Figure A15. The Mobile Gear and Lobster Trap/Pot RGAs separate mobile gear and lobster trap/pot gear in time and location on a rolling schedule throughout the four RGAs (NOAA).

149

Western Georges Bank and Southern New England RGAs

Figure A16. The Western GB and SNE RGAs are intended to reduce catch of flatfish species by requiring use of selective gears (NOAA).

Figure A17. During certain times of the year, commercial vessels are prohibited from fishing within the Gulf of Maine Cod Spawning Protection Area using gear capable of catching groundfish (NOAA).

151

Figure A18. The Northern and Southern Scup GRAs have a minimum mesh size of 5.0” (NOAA, 2004).

152

Figure A19. Lydonia and Oceanographer Canyons, off the south coast of Cape Cod, Veatch Canyon, east of New Jersey, and Norfolk Canyon, east of Virginia (NRDC 2011).

153

Appendix B: Additional species

ATLANTIC POLLOCK

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

The FishBase vulnerability score for pollock is 61 (Froese and Pauly 2012).

Factor 2.2 - Stock Status

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Very Low Concern

The most recent assessment of pollock was the SARC 50 assessment in 2011, which indicated B2010 =

196,000 mt and BMSY = 91,000 mt; the stock was therefore not overfished, with B2010/BMSY = 2.15 (NEFSC 2010b)(NMFS 2012b).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

The most recent assessment of pollock was the SARC 50 assessment in 2011, which indicated F2010 =

0.070 and FMSY = 0.25; overfishing was therefore not occurring, with F2010/FMSY = 0.28 (NEFSC 2010b)(NMFS 2012b). There may be some uncertainty in this estimate, however, because without 154

further understanding of the size-based selectivity of fishing gears, the current stock model implies the existence of a large biomass of pollock, accounting for 35%–70% of the total, which neither current surveys nor the fishery have been able to confirm (NEFSC 2010b).

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

ATLANTIC WHITE-SIDED DOLPHIN

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom 155

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High Concern

The Western North Atlantic stock of white-sided dolphin is no longer considered a strategic stock as cumulative impacts are below the PBR. The best estimate for the abundance of white-sided dolphin in the Western North Atlantic is 48,819, with a minimum population of 30,401 (Waring et al 2013b). Abundance relative to optimum sustainable population (OSP) is unknown. As vulnerability to fishing activity is high and abundance relative to reference points is unknown, Seafood Watch considers this to be a high conservation concern.

Rationale: The white-sided dolphin was listed as a strategic species by the Marine Mammal Protection Act in 2011. According to the 2011 marine mammal stock assessment report, the best estimate of abundance for the white-sided dolphin was 23,390 individuals, the Potential Biological Removal (PBR) limit was 190 individuals and total annual fisheries mortality or serious injury was 245 individuals; therefore, mortality and serious injury exceeded the PBR (NOAA 2011b).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

Very Low Concern

this species. The 2006–2010 average annual mortality attributed to the New England bottom trawl was 142 animals, the Northeast sink gillnet accounted for 38 animals and the Mid-Atlantic bottom trawl accounted for a further 20 animals (Waring et al 2013b). These three fisheries together account for the majority of white-sided dolphin bycatch, although the New England bottom trawl is by far the primary contributor, accounting for more than half of the total bycatch across all fisheries.

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

According to the 2012 stock assessment report, total annual estimated average fishery-related mortality or serious injury of Atlantic white-sided dolphins in the US Atlantic during 2006–2010 was 212, compared to a PBR of 304 (Waring et al 2013b). However, a trend analysis has not been conducted for this species. The 2006–2010 average annual mortality attributed to the New England bottom trawl was 142 animals, the Northeast sink gillnet accounted for 38 animals and the Mid-Atlantic bottom trawl accounted for a further 20 animals (Waring et al 2013b). These three fisheries together account for the majority of white-sided dolphin bycatch, although the New England bottom trawl is by far the primary contributor, accounting for more than half of the total bycatch across all fisheries.

Rationale: PBR is the product of minimum population size, one half the maximum productivity rate and a recovery factor (Marine Mammal Protection Act 1972, (Wade & Angliss 1997).

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

2011). Nevertheless, both divisions of the otter trawl fishery have discards-to-landings ratios that fall within the range of 40%–60% (NMFS 2011b).Two recent studies using different methodologies both found an approximately 80% discard mortality rate for summer flounder caught in otter trawls (Hasbrouck et al. 2008)(Yergey et al. 2012).The NE large-mesh gillnet fishery has a discard to landings ratio of 47%, while the NE extra-large-mesh gillnet fishery has a discards-to-landings ratio of 21%(NMFS 2011b). However, while both fisheries target groundfish managed by the NE Multispecies FMP—possibly including flatfish (NMFS 2011b)—the large-mesh fishery is probably responsible for the majority of flatfish landings as extra-large-mesh nets are likely to miss all but the largest flatfish (e.g., halibut). Seafood Watch therefore uses the discards-to-landings ratio of the large-mesh gillnet fishery.

BARNDOOR SKATE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

Barndoor skate (Dipturus laevis) - 77 (High) (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

B/BMSY = 0.77, and NMFS lists barndoor skate as not overfished, but rebuilding (Brown et al 2013).

75th percentile of the appropriate survey biomass index time series for that species. For barndoor skate, the BMSY proxy is the average of 1963–1966 autumn survey biomass indices, because the survey did not catch barndoor for an extended period (Brown et al. 2014) (Figure 19).

Figure 19. NEFSC survey biomass indices (kg/tow) (NEFMC 2011b). The blue horizontal line represents biomass target and red represents limit biomass; a 3-year moving average is plotted as a thick dark line.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom 159

Low Concern

As the 2010-2012 average survey biomass index of 1.22kg/tow was higher than the previous 3-year average index (2009-2011) by 13% therefore overfishing was not occurring (Brown et al 2013). The species is currently in the eleventh year of its rebuilding plan, but the exact rebuilding time period is unspecified in the Northeast Skate Complex FMP. Based on the long-lived, late maturing and low fecundity nature of this species, rebuilding may take decades (NMFS 2015c). Annual catch limits prevent fishing from increasing to unsustainable levels, and all landings of barndoor skates are prohibited (NEFMC 2011a).

Rationale: The fishing mortality reference points for skates are based on changes in survey biomass indices. If the three-year moving average of the survey biomass index for a skate species declines by more than the average coefficient of variation (CV) of the survey time series, then fishing mortality is assumed to be greater than FMSY and overfishing is occurring for that skate species (Sosebee 2006).

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

BOTTLENOSE DOLPHIN: WESTERN NORTH ATLANTIC, OFFSHORE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

High Concern

The population of bottlenose dolphins most likely to be encountered in the New England fisheries is the Western North Atlantic offshore population. The latest stock assessment for this population was carried out in 2011. This stock assessment estimated the abundance to be 77,532 individuals (CV = 0.40) with a minimum population abundance of 56,053 individuals (Waring et al. 2015). The status of the population relative to the OSP is unknown. Due to the high vulnerability of the species to fishing pressure, Seafood Watch considers this population to be a high conservation concern.

Rationale: There is no trend analysis for this stock because the survey interval is long and the abundance estimates have too much error for NOAA to detect a statistically significant trend.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom 161

United States US New England, Trawl, Bottom

Very Low Concern

Total U.S. fishery-related mortality and serious injury for this bottlenose dolphin stock is less than 10% of the calculated PBR (45.1/561 = 8%) and, therefore, can be considered to be insignificant and approaching the zero mortality and serious injury rate (Waring et al. 2015). Thus, we have scored fishing mortatlity as a very low concern.

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

40-60%

BUTTERFISH

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom 162

Low

The FishBase vulnerability score for butterfish is 19 (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

High Concern

B/BMSY = 0.38, and NMFS lists butterfish as overfished (NMFS 2015c).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

Low Concern

Fishing mortality estimates are highly uncertain. In 2008, F was estimated at 0.02 and appeared negligible relative to natural mortality due to an apparent lack of correlation between total mortality estimates and total catch estimates. The stock’s current decline does not appear to be due to fishing mortality (NEFSC 2010a). In the fourth quarter of 2011, NMFS listed butterfish as not experiencing overfishing (NMFS 2015c). The most recent scientific assessment judges that fishing mortality is not a substantial contributor to mortality of the stock, but there is still much uncertainty about stock size and dynamics.

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

40-60%

Rationale: 163

Due to the nature of the monitoring program, these data are based on port-of-departure for fishing vessels and do not necessarily align exactly with geographic distributions of specific stocks (Wigley et al. 2011). Nevertheless, both divisions of the otter trawl fishery have discards-to-landings ratios that fall within the range of 40%–60% (NMFS 2011b).Two recent studies using different methodologies both found an approximately 80% discard mortality rate for summer flounder caught in otter trawls (Hasbrouck et al. 2008)(Yergey et al. 2012).The NE large-mesh gillnet fishery has a discard to landings ratio of 47%, while the NE extra-large-mesh gillnet fishery has a discards-to-landings ratio of 21%(NMFS 2011b). However, while both fisheries target groundfish managed by the NE Multispecies FMP—possibly including flatfish (NMFS 2011b)—the large-mesh fishery is probably responsible for the majority of flatfish landings as extra-large-mesh nets are likely to miss all but the largest flatfish (e.g., halibut). Seafood Watch therefore uses the discards-to-landings ratio of the large-mesh gillnet fishery.

CLEARNOSE SKATE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

Clearnose skate (Raja eleganteria) - 57 (High) (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Very Low Concern

B/BMSY = 1.47, and NMFS lists clearnose skate as not overfished (Brown et al 2013).

Rationale: 164

Biomass reference points are based entirely on NEFSC survey data as reliable landings and discard information are not available by species. For all species but barndoor, the BMSY proxy is defined as the 75th percentile of the appropriate survey biomass index time series for that species. For barndoor skate, the BMSY proxy is the average of 1963–1966 autumn survey biomass indices, as the survey did not catch barndoor for a protracted period (Sosebee 2006) (Figure 19).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom 165

Low Concern

The 2010-2012 average survey biomass index of 0.97kg/tow was higher than the 2009-2011 average so NMFS did not consider overfishing to be occurring for clearnose skate in 2013 (Brown et al 2013). It is probable that fishing mortality is at or below a level that will allow the stock to maintain current abundance.

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

166

FIN WHALE: WESTERN NORTH ATLANTIC

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

Very High Concern

The best abundance estimate for fin whales in the Western North Atlantic is 1,618 individuals (CV=0.33), with a minimal population estimate of 1,234 (Waring et al. 2015). Abundance relative to the optimum sustainable population (OSP) is unknown, but the fin whale stock is strategic because it is listed as endangered under the ESA (Waring et al. 2015) and by the IUCN (IUCN 2015); therefore, we have rated this factor very high concern.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

Moderate Concern

The large mesh gillnet fishery is the only fishery within the scope of this report known to interact with fin whales in the Northwest Atlantic (NOAA 2015). The PBR for fin whales is 2.5 whales per year. Between 2008 and 2012, minimum annual human-caused mortality and serious injury to fin whales was 3.35 per year (Waring et al. 2015), which represents 134% of the PBR. However, this value includes both incidental fishery interaction records and records of vessel collisions combined. For fishery interactions alone, mortality/serious injury was 1.55 per year (Waring et al. 2015), which is 62% of PBR, or moderate concern.

167

Rationale: Annual rates calculated from detected mortalities are a biased representation of human-caused mortality; they represent a lower bound. Detected mortalities are haphazard and not the result of a designed sampling scheme, and therefore represent a minimum estimate of human-caused mortality (Waring et al. 2015).

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

40-60%

GRAY SEAL: WESTERN NORTH ATLANTIC

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document). 168

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

High Concern

The status of the Western North Atlantic gray seal population relative to the OSP is currently unknown. Abundance of the population is likely to be increasing in the US EEZ, but the rate of increase is unknown (NOAA 2011b)(Waring et al 2013a). Due to the high vulnerability of gray seals to fishing pressure, Seafood Watch considers the population to be of high conservation concern.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

Low Concern

The Northeast gillnet fishery is responsible for the mortality and serious injury of an average of 794 gray seals per year (2006–2010) (Waring et al 2013a). Fishing mortality attributed to the Northeast trawl fishery averages 6 animals per year from 2006-2010, and is considered minor compared to the gillnet fishery (Waring et al 2013a). There are insufficient data to establish a PBR for the gray seal population with which to compare fishing mortality. However, total fishery-related mortalities in the US EEZ are considered to be low in comparison to population size and can be considered insignificant (Waring et al 2013a).

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

40-60%

Rationale: Due to the nature of the monitoring program, these data are based on port-of-departure for fishing 169

vessels and do not necessarily align exactly with geographic distributions of specific stocks (Wigley et al. 2011). Nevertheless, both divisions of the otter trawl fishery have discards-to-landings ratios that fall within the range of 40%–60% (NMFS 2011b).Two recent studies using different methodologies both found an approximately 80% discard mortality rate for summer flounder caught in otter trawls (Hasbrouck et al. 2008)(Yergey et al. 2012).The NE large-mesh gillnet fishery has a discard to landings ratio of 47%, while the NE extra-large-mesh gillnet fishery has a discards-to-landings ratio of 21%(NMFS 2011b). However, while both fisheries target groundfish managed by the NE Multispecies FMP—possibly including flatfish (NMFS 2011b)—the large-mesh fishery is probably responsible for the majority of flatfish landings as extra-large-mesh nets are likely to miss all but the largest flatfish (e.g., halibut). Seafood Watch therefore uses the discards-to-landings ratio of the large-mesh gillnet fishery.

HADDOCK: GEORGES BANK

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Trawl, Bottom

High

Haddock have a high inherent vulnerability (63 out of 100) (FishBase, 2013).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Trawl, Bottom

Very Low Concern

Based on the 2015 stock assessment update for Georges Bank (GB) haddock, spawning stock biomass (SSB) in 2014 was estimated to be 225,080 mt, which is 208% of the biomass target (SSBMSY proxy = 108,300 mt)(NEFSC 2015b). Since GB haddock are not overfished, abundance is rated as very low concern.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above) 170

United States US New England, Trawl, Bottom

Very Low Concern

The 2015 stock assessment update of Georges Bank haddock indicates that the 2014 fishing mortality (average for ages 5-7) was estimated to be 0.159, which is 41% of the overfishing threshold proxy (FMSY proxy = 0.39) (NEFSC 2015b). Therefore, overfishing is not occurring and fishing mortality is ranked as very low concern.

Factor 2.4 - Discard Rate

United States US New England, Trawl, Bottom

40-60%

HADDOCK: GULF OF MAINE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Trawl, Bottom 171

High

Haddock have a high inherent vulnerability (63 out of 100) (FishBase, 2013).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Trawl, Bottom

Very Low Concern

Based on the 2015 updated assessment of Gulf of Maine haddock, spawning stock biomass (SSB) in 2014 was estimated to be 10,325 mt, which is 223% of the biomass target (SSBMSY proxy = 4,623). Therefore, the stock is not overfished and abundance is scored as very low concern (NEFSC 2015).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Trawl, Bottom

Very Low Concern

Based on the 2015 stock assessment update of Gulf of Maine haddock, the 2014 fully selected fishing mortality was estimated to be 0.257, which is 55% of the overfishing threshold proxy (FMSY proxy = 0.468). The stock is not undergoing overfishing and is scored as very low concern (NEFSC 2015).

Factor 2.4 - Discard Rate

United States US New England, Trawl, Bottom

40-60%

HARBOR PORPOISE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

High Concern

The best current abundance estimate of the Gulf of Maine/Bay of Fundy harbor porpoise stock is 79,883 (CV=0.32), while the minimum population estimate is 61,415. Harbor porpoises are no longer strategic, but are listed as a species of special concern for the Northeast sink gill net fishery (NMFS 2015) and are therefore scored as high concern.

Rationale: The Northeast sink gill net fishery is listed as a Category I fishery in the 2016 List of Fisheries (LOF) because the annual mortality and serious injury to the harbor porpoise (Gulf of Maine/Bay of Fundy) stock exceeds 50% of the PBR level of harbor porpoises (NMFS 2015). A current population trend analysis has not been conducted for this species, but the current abundance estimate of 79,883 173

individuals is greater than, or on par with, previous stock estimates (Waring et al. 2015).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

Moderate Concern

PBR for the Gulf of Maine/Bay of Fundy harbor porpoise is 706. The total annual estimated average human-caused mortality is 683 harbor porpoises per year, which is derived from two components: 640 harbor porpoise per year (CV=0.17) from U.S. fisheries using observer and Marine Mammal Authorization Program (MMAP) data, and 43 per year (unknown CV) from Canadian fisheries using observer data (Waring et al. 2015). The average annual harbor porpoise mortality and serious injury in the Northeast sink gillnet fishery from 2008-2012 was 439 (CV = 0.18) (Waring et al. 2015). As such, the bottom gillnet fishery contribution comes to 62% of PBR, and since this is a Category I fishery under the MMPA, fishing mortatlity is rated as moderate concern.

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

40-60%

Seafood Watch therefore uses the discards-to-landings ratio of the large-mesh gillnet fishery.

HARBOR SEAL: WESTERN NORTH ATLANTIC

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

High Concern

The current state of the Western North Atlantic population of harbor seals is unknown and there are insufficient data available to assess any trends in population growth. Aerial surveys were conducted regularly between 1981 and 2001, then again in 2012 (NOAA 2014c)(Waring et al. 2015). Population estimates for 2001 and 2012, respectively, are 99,340 (23,722 pups) and 75,834 (CV=0.15; 23,830 pups), with the minimum population estimate of 66,884 based on corrected available counts along the Maine coast in 2012 (Waring et al. 2015). Due to their high vulnerability to fishing activities, Seafood Watch considers the harbor seal population to be of high conservation concern.

Rationale: Population estimates are carried out by aircraft and corrected with data from a radio-tracking aircraft (NOAA 2014c).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above) 175

United States US New England, Gillnet, Bottom

Low Concern

Between 2008 and 2012, the total human caused mortality and serious injury to the western North Atlantic stock of harbor seals is estimated to be 441 per year. The average was derived from two components: 1) 431 (CV=0.12) from the 2008-2012 observed fishery; and 2) 10 from average 2008-2012 non-fishery-related, human interaction stranding and direct interaction mortalities (NMFS unpublished data (Waring et al. 2015). Average annual estimated fishery-related mortality/serious injury to this stock attributable to the bottom gillnet fishery during 2008-2012 was 378 harbor seals (CV=0.13). Therefore, fishery-related mortality/injury is 19% of the PBR (PBR = 2,006), and we have scored it as low concern.

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

40-60%

HARP SEAL: WESTERN NORTH ATLANTIC

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above) 176

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

High Concern

The Western North Atlantic population of harp seals is believed to be around 8.3 million individuals; however, there are insufficient data to determine the minimum size of the population that resides within the US EEZ (Waring et al 2013a). Data from strandings suggest that abundance in US water is increasing, although the rate of increase cannot be determined. Abundance relative to the OSP is therefore unknown, although it appears to have stabilized (Waring et al 2013a). Seafood Watch considers the population to be of high conservation concern due to a combination of the unknown status and the high vulnerability of harp seals to fishing pressure.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

Low Concern

The Northeast gillnet fishery is responsible for an average of 218 deaths and serious injuries of harp seals per year (2006–2010) (Waring et al 2013a). The Northeast trawl fishery was responsible for a total of 4 harp seal deaths between 2002 and 2010. An average mortality rate has not been calculated, but it is considered to be very low. Data are insufficient to establish a PBR for harp seals in US waters, however mortalities are very low compared to the population size; fishing mortality can therefore be considered to be approaching zero (Waring et al 2013a).

Factor 2.4 - Discard Rate 177

United States US New England, Gillnet, Bottom

40-60%

HOODED SEAL

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

High Concern 178

The latest abundance estimate for hooded seals is from 2005, at which point it was believed that the Western North Atlantic population stood at 592,100 individuals with a minimum population of 512,000 individuals (NOAA 2007). There were insufficient data to calculate the population abundance in US waters, and while the status of hooded seals compared to the OSP is unknown, the population is believed to be increasing. Due to the high vulnerability of the species to fishing pressure, the population is considered a high conservation concern by Seafood Watch.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

Very Low Concern

The average annual fishing mortality of hooded seals in the Northeast gillnet fishery is 25 seals (based on 2001–2005 data). This is below the PBR of 15,360 for the whole population (PBR for U.S waters is unknown) and is low enough in comparison to the total population that it is insignificant and can be considered to be approaching zero (NOAA 2007).

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

40-60%

Seafood Watch therefore uses the discards-to-landings ratio of the large-mesh gillnet fishery.

LITTLE SKATE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Medium

Little skate (Leucoraja erinacea) - 44 (Medium) (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Very Low Concern

B/BMSY = 1.16, and NMFS lists little skate as not overfished (Brown et al. 2014).

Rationale: Biomass reference points are based entirely on NEFSC survey data as reliable landings and discard information are not available by species. For all species but barndoor, the BMSY proxy is defined as the 75th percentile of the appropriate survey biomass index time series for that species. For barndoor skate, the BMSY proxy is the average of 1963–1966 autumn survey biomass indices, as the survey did not catch barndoor for a protracted period (Sosebee 2006) (Figure 19).

180

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

The 2011-2013 average survey biomass index of 7.11kg/tow was less than 20% below the 2010-2012 average of 8.35kg/tow, so NMFS did not consider overfishing to be occurring for little skate in 2013 (Brown et al 2013). It is probable that fishing mortality is at or below a level that will allow the stock to 181

maintain current abundance.

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

MINKE WHALE: CANADIAN EAST COAST

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above) 182

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

High Concern

Minke whales off the East Coast form part of the East Canadian Coast population. The best abundance estimate for this population is 20,741 individuals with a minimum population of 16,199 (Waring et al 2013b). The status of the minke whale population in relation to the OSP is unknown; therefore, due to the high vulnerability of the species to fishing pressure, Seafood Watch considers the population to be a high conservation concern.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

Very Low Concern

The average annual mortality and serious injury rate to minke whales related to the Northeast bottom trawl fishery is 2.6 (2006–2010), which is below the PBR of 162 whales per year (Waring et al 2013b). The fishing mortality rate is known to be less than 10% of the PBR, although it is more than 1% of the PBR limit. Cumulative fishing mortality averages 4.6 whales per year and is the below PBR limit.

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

40-60%

The discard to landings ratios in the fisheries are as follows:- Mid-Atlantic large-mesh otter trawl 41% - New England large-mesh otter trawl 48% 183

- New England large-mesh gillnet 47%(From (NMFS 2011b))

MONKFISH

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

The FishBase vulnerability score for monkfish is 77 (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

Low Concern

B/BMSY = 1.11, and NMFS lists Southern Georges Bank/Mid-Atlantic goosefish as not overfished (NMFS 2015c). There is considerable uncertainty regarding the reliability of the assessment (see Detailed rationale for the Gulf of Maine/Northern Georges Bank stock). 184

Figure A2. Trends in monkfish biomass in the northern and southern stocks. Figure from (NEFMC 2011c).

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

B/BMSY= 1.29, and NMFS lists Gulf of Maine/northern Georges Bank goosefish as not overfished (NMFS 2015c). There is considerable uncertainty regarding the reliability of the assessment (see Detailed rationale, below).

Rationale: Based on the results of the 2010 stock assessment, monkfish biomass estimates in both the northern 185

and southern management areas are well above target levels (Figure 20). However, there is uncertainty in these estimates, and the northern stock may experience overfishing from 2011 to 2016 if total catches approach the proposed ABC (NEFSC 2010b). The external review panel for the 50th Stock Assessment Workshop (SAW) expressed “serious concerns regarding the high levels of uncertainty throughout the assessment” (O'Boyle et al. 2010). For example, one reviewer wrote,“I had some significant concerns with the monkfish assessment. First, the input data seems poor. The survey did not catch many fish, the landings were subject to large errors and assumptions, the catch was not well sampled for many years, and there were serious aging problems, which cause large uncertainties in the growth model. Second, the model does not appear to be performing well. The model predicts monkfish increases in the past 7 years or so in both management regions, and there is no indication of the population increasing in the raw survey or length frequency data” (Trzcinski 2010).The review panel also noted that the model of the northern stock had a strong retrospective pattern of overestimating stock size (O'Boyle et al. 2010).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

Low Concern

The Data Poor Stocks Working Group recommended that F40% be used as a proxy for Ftarget (Northeast Data Poor Stocks Working Group 2007); the SARC 50 assessment estimated fishing mortality of Southern

Georges Bank/Mid-Atlantic monkfish at F2009 = 0.07 and established Fmax = 0.46 and F40% = 0.38; thus, overfishing was not occurring (NEFSC 2010b). Fishing mortality is probably at or below a sustainable level that will allow the stock to maintain current abundance, but the estimate is highly uncertain.

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

The Data Poor Stocks Working Group recommended that F40% be used as a proxy for Ftarget (Northeast Data Poor Stocks Working Group 2007); the SARC 50 assessment estimated fishing mortality of Gulf of

Maine/Northern Georges Bank monkfish at F2009 = 0.10 and established Fmax = 0.43 and F40% = 0.35, indicating that overfishing was not occurring (NEFSC 2010b). Fishing mortality is probably at or below a sustainable level that will allow the stock to maintain current abundance, but the estimate is highly uncertain.

186

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

NORTH ATLANTIC RIGHT WHALE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance 187

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

Very High Concern

Current population estimates of North Atlantic right whales in the western North Atlantic suggest a minimum size of 444 individuals (Waring et al. 2013a). This is believed to be extremely low relative to the OSP. North Atlantic right whales are listed as endangered under the US ESA (Waring et al. 2013a) and by the IUCN.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

Moderate Concern

Between 2006 and 2010, there were 15 recorded mortalities or serious injuries due to human-related interactions with North Atlantic right whales. Nine of these interactions involved entanglement or fishery interactions (Waring et al. 2013a). This rate of interaction is equal to the PBR of 0.9 whales per year. Between 2001 and 2006, there was one reported mortality associated with a gillnet, however it was not possible to determine which gillnet fishery was responsible.

Rationale: The Atlantic Large Whale Take Reduction Plan (ALWTRP) was implemented in 1997 to reduce the incidental mortality and serious injury of North Atlantic right, humpback and fin whales in commercial gillnet and trap/pot fisheries (NMFS 2010c). The plan includes 4 restricted areas in the Northeast: Cape Cod Bay, Stellwagen Bank/Jeffreys Ledge, Great South Channel and Great South Channel Silver Restricted Areas. Two of the four restricted areas are closed to all gillnet fishing during certain times of year—Cape Cod Bay: January 1 – May 15, Great South Channel: April 1 – June 30. In addition, all gillnet gear fished in all areas (including outside the restricted areas) must comply with specific regulations. Regulations include: no buoy lines floating at the surface; all buoys, floatation devices and/or weights must be attached with a weak link; each net panel must be configured with five or more weak links; all groundlines must be made of sinking line; surface buoys must be clearly marked.

In December 2011, NMFS published a monitoring strategy to assess the effectiveness of the ALWTRP (NMFS 2011d). ALWTRP effectiveness monitoring will include annual comparisons of serious injury and mortality estimates to PBR and ZMRG in addition to a five-year rolling average comparison. Effectiveness indicators for right whales include an annual increasing trend in population estimates, a five-year average (calculated annually) of decreasing trends in serious injuries and mortalities compared 188

to PBR, an annual and five-year average decrease in the frequency of observed/reported entanglement events and a decrease in the annual (and five-year average) percentage of entanglements resulting in serious injury or mortality (NMFS 2011d). The monitoring strategy will be implemented in 2012, with the first effectiveness report published in July 2012. If it is determined that the ALWTRP is not effective in reducing serious injury and mortality of right whales below PBR levels, NMFS will reevaluate ALWRTP measures(NMFS 2011d).

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

40-60%

OCEAN POUT

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Trawl, Bottom

High

The FishBase vulnerability score for ocean pout is 67 (Froese and Pauly 2012). 189

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Trawl, Bottom

High Concern

The most recent assessment of ocean pout was published in 2012, and it indicated B2010 index proxy =

0.41 kg/tow and BMSY index proxy = 4.94 kg/tow. Therefore, the stock was overfished with B2010/BMSY = 0.083 (NEFSC 2012c).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Trawl, Bottom

Moderate Concern

Historically, the majority of ocean pout landings have been taken using otter trawl gear. However, in 2010, otter trawl landings dropped to less than one percent of all landings, with fish and lobster pots contributing over 85% of landings for the year(NEFSC 2012c). Over the period from 2006 to 2010, large- mesh otter trawl fisheries also accounted for 62%–93% of ocean pout discards(NEFSC 2012c). The most recent assessment of ocean pout was published in 2012 and indicated F2010 = 0.31 and FMSY proxy = 0.76, so F2007/FMSY = 0.41; overfishing was therefore not occurring (NEFSC 2012c). As catch and exploitation ratios remain at, or near, record low levels, however, stock size has not increased from its own record low level, suggesting that it may be in a depensatory state. In recent years, discards have exceeded landings and may be sufficiently high to hinder stock recovery; nevertheless, the lack of response to reduced exploitation suggests that the stock’s dynamics have been so severely impacted by historical overfishing that the stock is unlikely to rebuild, even in the absence of fishing mortality (NEFSC 2008b).

Factor 2.4 - Discard Rate

United States US New England, Trawl, Bottom

40-60%

PILOT WHALE, LONG-FINNED: WESTERN NORTH ATLANTIC

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High Concern

The best estimate for population size of long-finned pilot whales (LFPWs) in US waters in the western North Atlantic (southern Gulf of Maine to the upper Bay of Fundy and the Scotian Shelf) is 26,535 individuals (CV=0.35), with a minimum population size of 19,930 (Waring et al. 2015). LFPWs are 191

not listed as a strategic stock by the Marine Mammal Protection Act, however data are not available throughout the species' range and there is no information on global abundance trends (Taylor et al. 2008). Since population trends are uncertain and inherent vulnerability is high, abundance is scored as a high concern.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

Very Low Concern

From 2008-2012, annual human-caused mortality and serious injury for LFPWs was 17.6% of PBR (35 animals), with 0.6 attributable to the Northeast bottom gillnet fishery (Waring et al. 2015). As cumulative fishing mortality does not exceed PBR and the impact of the gillnet fishery is <1% of PBR we consider the impact a very low concern.Previously, both LFPWs and SFPWs were considered together, as they are difficult to differentiate at sea, leading to uncertainties in the stock assessment. New information shows that, south of Cape Hatteras, most pilot whale sightings are expected to be SFPWs, while north of ~42°N, most pilot whale sightings are expected to be LFPWs (Waring et al. 2015). LFPWs and SFPWs overlap spatially along the mid-Atlantic shelf break between New Jersey and the southern flank of Georges Bank (Payne and Heinemann 1993)(NMFS unpublished data).

Rationale: NMFS considers the pelagic longline fishery, along with the Northeast midwater trawl and Northeast groundfish fisheries, to have the most direct impact on LFPWs. The pelagic longline fishery, together with the Mid-Atlantic midwater trawl and Mid-Atlantic groundfish fisheries, are considered to have the most direct impacts on SFPWs (Waring et al. 2015). The pelagic longline fishery is classified as a Category I fishery while the trawl fisheries are classified as Category II fisheries under the Marine Mammal Protection Act. NMFS convened a take reduction team in 2005 to address bycatch in the pelagic longline fishery and published a final rule in 2009 based on the team’s recommendations, implementing a special research area, gear modifications, outreach material, observer coverage and encouraging captains’ communications regarding interactions (NMFS 2009c), but no comparable action has been taken to reduce mortality in the otter trawl fisheries. Pilot whales are not caught in significant numbers in the Northeast gillnet fishery (one pilot whale, unidentified to species, was caught in this fishery in 2010).

United States US New England, Trawl, Bottom

Low Concern 192

From 2008-2012, annual human-caused mortality and serious injury for LFPWs was 17.6% of PBR (35 animals), with 15.6% of the PBR attributed to the northeast bottom trawl (31 animals)(Waring et al. 2015). Because average mortality for LFPWs was between 10-50% of the PBR (199 for LFPWs), fishing mortality was scored as low concern.Previously, both LFPWs and SFPWs were considered together, as they are difficult to differentiate at sea, leading to uncertainties in the stock assessment. New information shows that, south of Cape Hatteras, most pilot whale sightings are expected to be SFPWs, while north of ~42°N, most pilot whale sightings are expected to be LFPWs (Waring et al. 2015). LFPWs and SFPWs overlap spatially along the mid-Atlantic shelf break between New Jersey and the southern flank of Georges Bank (Payne and Heinemann 1993)(NMFS unpublished data).

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

(Hasbrouck et al. 2008)(Yergey et al. 2012).The NE large-mesh gillnet fishery has a discard to landings ratio of 47%, while the NE extra-large-mesh gillnet fishery has a discards-to-landings ratio of 21%(NMFS 2011b). However, while both fisheries target groundfish managed by the NE Multispecies FMP—possibly including flatfish (NMFS 2011b)—the large-mesh fishery is probably responsible for the majority of flatfish landings as extra-large-mesh nets are likely to miss all but the largest flatfish (e.g., halibut). Seafood Watch therefore uses the discards-to-landings ratio of the large-mesh gillnet fishery.

RISSO'S DOLPHIN

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

High Concern

The best estimate for the abundance of Risso’s dolphin in the Western North Atlantic is 15,197 individuals (based on 2011 survey data) with a minimum population of 9,857 (Waring et al 2013b). The status of the Risso’s dolphin population in relation to the OSP is unknown; therefore, due to the high vulnerability of the species to fishing pressure, Seafood Watch considers the population to be a high conservation concern.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above) 194

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

Very Low Concern

The estimated mortality of Risso’s dolphins in the Northeast gillnet fishery between 2006 and 2010 was zero (Waring et al 2013b). The PBR for this stock is 95 individuals, and while the individual fishery mortality is less than 10% of the PBR, the combined fishing mortality of all US fisheries is greater than 10%. In 2010, fifteen Risso’s dolphins were observed killed in the Mid-Atlantic bottom otter trawl fishery; however, only one was on a trip targeting summer flounder while the others were on trips targeting squid. No takes of Risso’s dolphins were attributed to the Mid-Atlantic bottom otter trawl fishery from 2004 to 2008.

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

40-60%

ROSETTE SKATE

Factor 2.1 - Inherent Vulnerability 195

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Medium

Rosette skate (Leucoraja garmani) - 54 (Medium) (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

B/BMSY = 0.68, and NMFS lists rosette skate as not overfished (Brown et al 2013).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom 196

Low Concern

The 2010-2012 NEFSC autumn survey biomass index average of 0.033kg/tow was below the 2009-2011 average of 0.045kg/tow by 22%, however NMFS did not consider overfishing to be occurring for rosette skate as the decrease was less than 60% (Brown et al 2013). It is probable that fishing mortality is at or below a level that will allow the stock to maintain current abundance.

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

SCUP 197

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

Medium

The FishBase vulnerability score for scup is 38 (Froese and Pauly).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

Very Low Concern

B/BMSY = 2.02, and NMFS lists scup as not overfished (NMFS 2015c).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

Very Low Concern

Fishing mortality in 2010 was F = 0.040, with a 50% probability that F was between 0.032 and 0.048. This level of fishing mortality is substantially below the threshold reference point FMSY = F40% = 0.177, and

F2010/FMSY = 0.226 (Terceiro 2011a).

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

40-60%

198

SHORT-BEAKED COMMON DOLPHIN

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

High

Seafood Watch considers all marine mammals to have a high vulnerability to fishing pressure (SFW Criteria Document).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Trawl, Bottom

High Concern

Short-beaked common dolphins are not considered strategic species by the Marine Mammal Protection Act. The minimum population estimate in 2012 was 52,893 and the best estimate of abundance was 67,191 (CV = 0.29). However, abundance relative to the optimum sustainable population in the US Atlantic EEZ is unknown (Waring et al. 2013a). Due to a high vulnerability to fishing activities, Seafood 199

Watch considers the short-beaked common dolphin population to be of high conservation concern.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

Low Concern

Total annual estimated average fishery-related mortality or serious injury of short-beaked common dolphins in the US Atlantic during 2007-2011 was 170 (CV=0.13), compared to a PBR of 1125. However, there are insufficient data to determine the population trends for this species. While total US fishery- related mortality and serious injury for this stock exceeded 10% and therefore could not be considered insignificant nor approaching zero, the stock did not qualify as a strategic stock either. The 2007- 2011 average annual mortality attributed to the Northeast bottom trawl was 19 animals (CV = 0.13) with another 41 (CV = 0.38) in the Northeast sink gillnet fishery; the Mid-Atlantic bottom trawl accounted for a further 96 (CV = 0.14) animals (Waring 2014). These three fisheries together account for the majority of short-beaked dolphin bycatch, although the Mid-Atlantic bottom trawl accounted for almost two thirds of all short-beaked dolphin bycatch across all fisheries.

United States US New England, Trawl, Bottom

Very Low Concern

The total estimated mortality of short-beaked common dolphins in the US Atlantic during 2007-2011 was 170, compared to a PBR of 1125 (Waring 2014). However, there are insufficient data to determine the population trends for this species. While total US fishery-related mortality and serious injury for this stock exceeded 10% and therefore could not be considered insignificant nor approaching zero, the stock did not qualify as a strategic stock either. The 2007-2011 average annual mortality attributed to the Northeast bottom trawl was 19 animals (CV = 0.13) with another 41 (CV = 0.38) in the Northeast gillnet fishery; the Mid-Atlantic bottom trawl accounted for a further 96 animals (CV = 0.14) (Waring 2014). These three fisheries together account for the majority of short-beaked dolphin bycatch, but only a small proportion of these were from the New England bottom trawl fishery. Therefore, short-beaked common dolphins are ranked Very Low Concern for the New England bottom trawl fishery.

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom 200

United States US New England, Trawl, Bottom

40-60%

SMOOTH SKATE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Medium

Smooth skate (Malacoraja senta) - 49 (Medium)

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom 201

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

B/BMSY = 0.68, and NMFS lists rosette skate as not overfished (Brown et al 2013).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

The 2010-2012 NEFSC autumn survey biomass index average of 0.23kg/tow was above the 2009-2011 average by 1%, so NMFS did not consider overfishing to be occurring for smooth skate in 2013 (Brown et al 2013).The fishery is in year 4 of a 10-year rebuilding plan (NMFS 2015c). Biomass has fluctuated around the threshold value without any indication of long-term recovery or decline and is still in danger of becoming overfished (NEFMC 2011a). Annual catch limits prevent fishing from increasing to unsustainable levels, and all landings of smooth skate are prohibited (NEFMC 2011a).

Factor 2.4 - Discard Rate 202

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

SPINY DOGFISH

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

The FishBase vulnerability score for spiny dogfish is 69 (Froese and Pauly 2012).

Factor 2.2 - Abundance 203

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Very Low Concern

B/BMSY = 1.025, and NMFS lists spiny dogfish as not overfished (NMFS 2015c).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Very Low Concern

The estimated fishing mortality rate in 2010 was 0.093, with sampling distributions suggesting there was almost no chance that the fishing mortality threshold rate, which had been revised to 0.325, was exceeded. The fishing mortality rate was also lower than the revised target fishing mortality rate of 0.207. Moreover, fishing pressure has shifted away from its mid-1990s bias towards female dogfish, further reducing the impact of fishing mortality on the population (Rago & Sosebee 2011). In the fourth quarter of 2011, NMFS listed spiny dogfish as not experiencing overfishing (NMFS 2015c).

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

THORNY SKATE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

Thorny skate (Amblyraja radiata) - 70 (High) (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High Concern

The 2015 update to the skate stock assessment indicates that thorny skate average biomass index (0.13 205

kg/tow) is well below the biomass threshold reference point of 4.13 kg/tow (i.e., B/BMSY = 0.03), and therefore lists thorny skate as overfished (Sosebee 2015), or high concern.

Rationale: For thorny skate, the 2012-2014, 3-year average survey biomass of 0.13 kg/tow shows an increase on the previous 3-year average, but is only 3.1% of the BMSY target of 4.13 kg/tow. This stock is 12 years into the rebuilding period (end date of 2028), yet it continues to decline without any signs of rebuilding. In order to ensure an overfished species will achieve target levels, skate regulations require the Council to take management action (i.e., prioritizing research into thorny skate popuation dynamics, amongst halting the decline of thorny skate biomass) (Sosebee 2015).

Thorny skate is currently a Species of Concern, but a new petiton has been submitted to the ESA in May 2015 to have the species listed; it's currently being evaluated by NOAA (Sosebee 2015).

Biomass reference points are based entirely on NEFSC survey data as reliable landings and discard information are not available by species. For all skate species, but barndoor, the BMSY proxy is defined as the 75th percentile of the appropriate survey biomass index time series for that species (Brown et al. 2013).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

The 2012-2014 index is higher than the 2011-2013 index by 8.7%, therefore overfishing is not occurring for thorny skate (Sosebee 2015). We have scored fishing mortality of the stock as low concern, because there is unceratinty in the BMSY proxy used (BMSY is based on the three-year average survey biomass).

Annual catch limits are designed to prevent impacts of fishing from increasing to unsustainable levels, and all landings of thorny skate are prohibited (NEFMC 2011a). Nevertheless, together with the other skate species, thorny skate is frequently taken as bycatch and discarded by vessels targeting groundfish. As a result, otter trawling is the principal source of fishing mortality for all skates discussed in this report (Sosebee 2015). 206

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

WHITE HAKE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US New England, Gillnet, Bottom 207

United States US New England, Trawl, Bottom

High

The FishBase vulnerability score for white hake is 72, and its inherent vulnerability is therefore deemed ‘High’ (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

The most recent white hake assessment estimates current spawning stock biomass (SSB) to be at 83% of

SSBMSY (26,877/34,400 mt) which is greater than ½ SSBMSY, indicating that the stock is currently not overfished but below the target abundance (NEFSC 2013a).

Rationale: In 2011, spawning stock biomass was estimated at 26,877 mt and has slightly increased since the mid- 1990s. The current population abundance is substantially above the limit reference point of ½ th SSBMSY(NEFSC 2013a). The 56 SAW assessment reported that biomass in 2011 was greater than 50% of

SSBMSY(83%) and was greater than the assessment in 2008. The resultant status is that the resource is not overfished (Butterwork et al. 2008)(NEFSC 2008b)(NEFSC 2013a).The current status of white hake is a change from the previous assessment in 2008 by the 3rd Groundfish Assessment Review Meeting (GARM III), where white hake was recognized as overfished with overfishing having occurred since 1998. The 56th SAW is the most comprehensive review to date for white hake. However, there is some uncertainty given the previous designation as overfished with overfishing occurring, particularly as the change was driven by alterations in the modeling framework and reference points.

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern 208

The most recent white hake assessment (56th SAW, 2013) estimates that recent fishing mortality is 65% lower than that at MSY (F2011/FMSY = 0.13/0.20= 0.65), indicating that overfishing is not occurring

(F2011/FMSY< 1) (on age 6) (NEFSC 2013a).

Rationale:

After a steady increase from the late 1960s to the early 1990s (greater than 5 times the FMSY proxy in the 1990s), fishing mortality has decreased sharply and has been below the threshold since 2006(NEFSC 2013a). In the 2013 56th SAW assessment, fishing mortality for 2011 was estimated to be 0.13, which is below the FMSY value of 0.20, indicating that overfishing is not occurring (F2011/FMSY = 0.65). The F reference point of F40% corresponds to the fully selected F = 0.20. The SARC panel recommended that

F40% remain the proxy for FMSY in the 2013 assessment(NEFSC 2013a). This is greater than the FMSY proxy

(F40%) from the 2008 GARM III assessment (0.125 on age 6; (NEFSC 2008b)).The finding that overfishing is not occurring represents a change in status from the previous assessment in 2008 by the 3rd Groundfish Assessment Review Meeting (GARM III), where white hake was recognized as overfished with overfishing occurring since 1998. The 56th SAW is the most comprehensive review to date for white hake. However, considering the previous designation as overfished with overfishing occurring, there is some uncertainty around the recent status change as it was driven by alterations in the modeling framework and reference points.

At their April 2013 meeting, the New England Fishery Management Council requested that NOAA Fisheries incorporate the new assessment and increase the 2013 catch limit 13% to provide additional opportunities to the groundfish fleet (NEFMC 2013).

Factor 2.4 - Discard Rate

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

WINTER SKATE

Factor 2.1 - Inherent Vulnerability

Scoring Guidelines (same as Factor 1.1 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

High

Winter skate (Leucoraja ocellata) - 62 (High) (Froese and Pauly 2012).

Factor 2.2 - Abundance

Scoring Guidelines (same as Factor 1.2 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

The 2015 update to the skate stock assessment indicates that winter skate average biomass index (5.06 kg/tow) is above the biomass threshold reference point of 2.83 kg/tow (i.e., B/BMSY = 1.79), but below the BMSY proxy (5.66 kg/tow) (Sosebee 2015). Hence, winter skate is not overfished, but is currently below BMSY. Due to this, abundance is scored as low concern.

75th percentile of the appropriate survey biomass index time series for that species (Brown et al. 2013).

Factor 2.3 - Fishing Mortality

Scoring Guidelines (same as Factor 1.3 above)

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

Low Concern

The 2015 update to the skate stock assessment indicates that the 2012-2014 average index for winter skate is above the 2011-2013 index by 2% (Sosebee 2015). We have scored fishing mortality of the stock as low concern, because there is uncertainty in the BMSY proxy used (BMSY is based on the three-year average survey biomass).

Factor 2.4 - Discard Rate

United States US Mid Atlantic, Trawl, Bottom

United States US New England, Gillnet, Bottom

United States US New England, Trawl, Bottom

40-60%

212

Appendix C: Review Schedule

2016 This report was updated in March 2016 to incorporate new stock status information on summer flounder, yellowtail flounder, winter flounder, thorny skate, winter skate, bottlenose dolphin, fin whale, harbor porpoise, harbor seal, humpback whale and pilot whale. The updates resulted in recommendation changes for blackback caught using large mesh otter trawls in Georges Bank and Southern New England, yellowtail flounder caught using large mesh otter trawls in the U.S. Mid-Atlantic and Southern New England, yellowtail flounder caught in Cape Cod and the Gulf of Maine using gillnets, and summer flounder, all of which now receive 'Avoid' recommendations.

2015 The Atlantic flatfish report was updated in July 2015 to reflect changes in the stock status (abundance and fishing mortality) of winter skate, bottlenose dolphin, harbor seal, humpback whale, pilot whale. Landings statistics for all target species were updated, as were the coefficient of variation (CV) of protected bycatch species caught in the New England and Mid Atlantic otter trawl fisheries. The days at sea needed in order to get CV <30% for marine mammals and sea turtles in the North Atlantic otter trawl fisheries were updated based on the most recent stock assessment reports.

2014 The report was update in July 2014 to incorporate new stock status information on summer flounder, yellowtail flounder (Georges Bank), Atlantic white-sided dolphin, barndoor skate, clearnose skate, little skate, rosette skate, smooth skate, thorny skate, winter skate, short-beaked common dolphin, harbor seal, gray seal, harp seal, fin whale, minke whale, Risso’s dolphin. This updated included a change in recommendation for Blackback flounder caught using large mesh otter trawls in the U.S Mid-Atlantic region which is now considered an 'Avoid' .

2013 The report was updated in October 2013 to incorporate new information on harbor porpoise and humpback bycatch.

The report was updated in April 2013 to incorporate new information after the NEFSC assessed the status of Southern New England/Mid-Atlantic yellowtail flounder at the SAW/SARC 54 review. The NEFMC is transitioning to ecosystem-based management, which is expected to take about 5 years to complete, so a review of management would be appropriate around 2017.

Information on this process is available at http://www.nefmc.org/ecosystems/index.html. At that point, enough time will have elapsed since the passage of Amendment 16 to the NE Multispecies FMP to allow for an evaluation of its effectiveness, as well. Furthermore, many of the stocks (including northern windowpane, and certain stocks of winter and yellowtail flounder) that are currently overfished are due to be rebuilt within the next five years, according to their rebuilding plans.