IN FOCUS: BYCATCH

Turning A
BLIND EYE
The ‘See No Evil’ Approach
to Wasteful Fishing
Acknowledgements
Cover Images:

Top Right Photograph: Separating shrimp from

bycatch. Photo Courtesy of: NOAA/Department
of Commerce

Center Left Photograph: Sea turtle caught as bycatch.

Photo Courtesy of: Dr. Terry Maas

Bottom Right Photograph: Shrimp fishery bycatch.

Photo Courtesy of: NOAA/Department of Commerce

This report was prepared by Steward and Associates, with

information provided by staff and members of the Marine
Fish Conservation Network.
Executive Summary
Every year, the vast fleet of trawlers, seiners, longliners,
charter and private sportfishing boats, and other vessels
that catch fish in our nation’s waters discard a large
proportion of their catch, often dead or dying. Virtually
all fisheries, no matter how selective the equipment used
or area fished, catch and subsequently discard significant
numbers of non-targeted species, referred to in fisheries
jargon as “bycatch.” Fishermen often throw these
organisms overboard because they are either too small
or have little or no economic value. In the majority of
fisheries, however, most discards are mandatory; federal
regulations require that bycatch be returned to the ocean,
as unharmed as possible. This action is intended to prevent Mobula ray caught as bycatch.
the wanton overexploitation and potential decimation
of populations of fish and other marine life, including not yet reproduced, if not controlled and accounted for,
not only finfish, shellfish, and crustaceans, but also birds, bycatch can lead to overfishing, reduced productivity and,
turtles, and marine mammals. Unfortunately, bycatch therefore, reduced catch level over the long term. The
restrictions are often not implemented or enforced, and even economic consequences for fishermen, processors, and
if they are, a high percentage of the fish and other species consumers are enormous.
that are caught and returned to the ocean do not survive.
Ten years ago, Congress amended the Magnuson-Stevens
The sheer number and amount of fish and other marine Fishery Conservation and Management Act (MSA) – the
life that are unintentionally caught by hooks, traps, or in cornerstone federal fisheries management law – in part to
fishing nets each year is staggering. In 2002, the bycatch acknowledge that bycatch is a major problem with severe
in twenty-seven of the nation’s most important fisheries ecological and socio-economic consequences. Among other
totaled more than 2 billion pounds, the equivalent by things, the 1996 amendments to the MSA require that
weight of over 270,000 Hummer H2 sport-utility vehicles, federal fisheries managers minimize bycatch, minimize the
more than fifteen QE2 luxury liners, or 7 billion fish mortality of bycatch that can not be avoided, and establish
fillet sandwiches. The full magnitude of the problem is bycatch reporting plans for each fishery they manage.
unknown since, with few exceptions, fisheries managers
have failed to monitor bycatch, despite being required to This report updates our 2001 assessment of bycatch in
by federal law. In order to manage our fisheries effectively, fisheries managed under the MSA, focusing on the last five
fisheries managers must account for the additional fish years (2001-2006). We report on the efforts of each council
and other ocean wildlife killed as bycatch, so that healthy to address bycatch in the nation’s “dirtiest” fisheries. These
fish populations are not overfished, sensitive or depressed include fisheries that account for the largest quantities of
populations are not driven to levels below which they fish and other marine life discarded each year (discards),
cannot recover, and marine ecosystems are not degraded. and those that feature the highest rates of discards relative
Without good bycatch data, we are steering blind. to the amount of catch retained (landings). In some cases,
the same fisheries that discard the most fish have the lowest
High rates of bycatch – and the fishing practices that discard-to-landings ratios. In the worst cases, the poundage
cause them – can have profound ecological effects, such of fish discarded and discard-to-landings ratio are both
as the alteration of food webs, shifting predator-prey high; it is in these, the dirtiest fisheries, that the failures of
dynamics, and habitat destruction. But bycatch is not just fisheries management are most glaring. While we found
an ecological problem. Because it often comprises younger promising developments in some fisheries, the lack of
individuals of commercially valuable species that have progress overall toward reducing or eliminating bycatch

IN FOCUS: BYCATCH 1
 fisheries have observer coverage of any kind. NMFS and
the councils share responsibility for the failure to secure
adequate observer coverage in most of the nation’s dirtiest
fisheries. In many cases, observer coverage is less than
one percent and is reliant on voluntary coverage, with few
fisheries meeting the 20 percent standard recommended
by scientists. NMFS’ own analysis shows the current,
deplorable state of observer coverage in the nation’s
fisheries and estimates the level of effort and expenditure
required to correct it. Addressing this shortcoming should
be priority number one for every council and NMFS region.
Loggerhead turtle caught as bycatch.
Most councils fail to adequately incorporate
remains poor. Given the livelihoods and resources at stake, quantitative bycatch estimates into management
after ten years of expense and effort, we expect better. plans. This failure is a major cause of overfishing for
Here is a summary of our major findings. several priority species. For fish stocks that are caught in
large numbers as bycatch, this amounts to a form of off-
Only one council out of eight has established a the-books accounting where major losses are not reported
bycatch reporting plan for its fisheries that meets as part of the bottom line. This in turn leads to rosier
the requirements of the MSA. Standardized reporting estimates of stock status and subsequent higher catch
is a cornerstone of information-driven, science-based levels, until the fishery collapses and draconian measures
management. Development of the most effective solutions are the only ones left in the toolbox. In fisheries where
to the problem requires reliable information. It is no quantitative bycatch data are not yet being collected at a
surprise that the North Pacific Council has applied some sufficient rate to permit estimates that are both accurate
of the most effective management measures to combat and precise, managers should apply a precautionary
bycatch: the council has the information to back it up. approach by assuming high rates of bycatch and adjusting
Just as importantly, transparent reporting shines a light target catch levels accordingly.
on a council’s action or inaction for stakeholders and the
public to see. Without reporting, there is little incentive for It is possible to reduce bycatch significantly. So
councils to address the bycatch problem in a proactive way. why are so few councils doing it? Most of the councils
rely on measures to address overfishing and habitat
Bycatch data collection is grossly inadequate damage - such as gear restrictions and closed areas during
in most fisheries. A standardized bycatch reporting certain times of the year - to reduce bycatch indirectly.
methodology doesn’t help if there is no data to report. While these actions may well be beneficial, bycatch must
Currently, only 42 of roughly 300 federally managed be addressed head-on through directed management
measures. These include modifications to existing fishing
gear and development of new technologies. Managers
should also create direct incentives to reduce bycatch
through other measures, such as species-specific quotas
on the amount of allowable bycatch, with triggers for the
immediate closure of fishing seasons in affected areas. The
North Pacific Council has shown that it can be done. Not
all management measures will work in all contexts, but
ten years after the passage of the MSA amendments, real
action is long overdue.

Scallop fishery bycatch.

2 IN FOCUS: BYCATCH
Introduction
Every year, the vast fleet of trawlers, seiners, longliners, below which they cannot recover, and marine ecosystems
charter and private sportfishing boats, and other vessels are not degraded. Without good bycatch data, we are
that catch fish in our nation’s waters return a large steering blind.
proportion of their catch to the sea. Virtually all fisheries,
no matter how selective the equipment used or area fished, High rates of bycatch – and the fishing practices that
catch and subsequently discard, often dead or dying, cause them – can have profound ecological effects, such
significant numbers of non-targeted species, referred to as the alteration of food webs, shifting predator-prey
in fisheries jargon as “bycatch.” Fishermen often throw dynamics, and habitat destruction. But bycatch is not just
these organisms overboard because they are either too an ecological problem. Because it often comprises younger
small or have little or no economic value. In the majority individuals of commercially valuable species that have
of fisheries, however, most discards are mandatory; federal not yet reproduced, if not controlled and accounted for,
regulations require that bycatch be returned to the ocean, bycatch can lead to overfishing, reduced productivity, and
as unharmed as possible. This action is intended to prevent therefore, reduced catch levels over the long term. The
the wanton overexploitation and potential decimation economic consequences for fishermen, processors, and
of populations of fish and other marine life, including consumers are enormous.
not only finfish, shellfish, and crustaceans, but also birds,
turtles, and marine mammals. Unfortunately, bycatch Ten years ago, Congress amended the Magnuson-Stevens
restrictions are often not implemented or enforced, and Fishery Conservation and Management Act (MSA) – the
even if they are, a high percentage of the fish and other cornerstone federal fisheries management law – in part to
species that are caught and returned to the ocean die. acknowledge that bycatch is a major problem with severe
The sheer number and amount of fish and other marine ecological and socio-economic consequences. Among other
life that are unintentionally caught by hooks, traps, or in things, the 1996 amendments to the MSA require that
fishing nets each year is staggering. In 2002, the bycatch federal fisheries managers minimize bycatch, minimize the
in twenty-seven of the nation’s most important fisheries mortality of bycatch that can not be avoided, and establish
totaled more than 2 billion pounds,1 the equivalent by bycatch reporting plans for each fishery they manage. In
weight of over 270,000 Hummer H2 sport-utility vehicles, 2001, the Marine Fish Conservation Network (Network)
more than fifteen QE2 luxury liners, or 7 billion fish evaluated the first five years of post-1996 implementation
fillet sandwiches. The full magnitude of the problem is of the MSA amendments.2 With respect to bycatch, we
unknown since, with few exceptions, fisheries managers found that fishery managers made very little progress
have failed to monitor bycatch, despite being required to toward meeting any of the key requirements of the MSA.
by federal law. In order to manage our fisheries effectively, The MSA created eight regional fishery councils to
fisheries managers must account for the additional assist the National Marine Fisheries Service (NMFS) in
amounts of fish and other wildlife that are killed due to managing the fisheries within the Exclusive Economic
bycatch, so that healthy fish populations are not overfished, Zone (EEZ), which extends generally from 3 to 200 miles
sensitive or depressed populations are not driven to levels from our coasts. Council members are charged with
developing fishery management plans (FMPs) for different
fisheries within each of the eight regions. Catch quotas
Economic discards: fish that are discarded due to their and restrictions specified in the FMPs are supposed to
undesirable quality, size, sex, or other economic reason. be based on the best available scientific information on
In other words, the term refers to the discard of fish or affected species and associated ecosystems, with special
other ocean wildlife for voluntary, non-regulatory reasons. consideration given to marine mammals, sea turtles, and
other protected resources. The FMPs are also supposed
Regulatory discards: fish that must be discarded to identify and initiate measures designed to reduce or
according to a specific regulation, or are required by eliminate the incidence of bycatch.
regulation to be kept, but not sold.

IN FOCUS: BYCATCH 3
The 2001 Network report found that the councils had birds are considered under other provisions of the MSA as
done little to evaluate the extent or impact of bycatch well as other laws, such as the Endangered Species Act.
on the fisheries and other marine resources under their The MSA requires that federal fishery managers minimize
stewardship. Nor had the councils, in most cases, identified bycatch and – to the extent that bycatch cannot be avoided
and implemented substantive bycatch reduction measures. – minimize bycatch mortality.4 FMPs must specify how
Five years after it was supposed to be one of the focal fishery managers plan to avoid bycatch and its associated
points of sustainable fisheries management, bycatch mortality in each fishery. They must also establish a
was largely being ignored. The few promising bycatch “standardized bycatch reporting methodology” (bycatch
reduction initiatives that the councils had proposed were reporting plan) to assess the amount and type of bycatch
proceeding at a glacial pace. Moreover, NMFS continued occurring.5 Several other federal statutes contain provisions
to sign off on management plans that were inadequate with affecting the type and degree of bycatch of certain species,
respect to bycatch which, together with other management notably the prohibitions against killing or harassing
failings, constituted a clear violation of the MSA. animals protected by the Endangered Species Act and the
Marine Mammal Protection Act, and the migratory bird
This report updates our earlier assessment of bycatch in protection provisions of the Migratory Bird Treaty Act. In
fisheries managed under the MSA, focusing on the last five some fisheries, these provisions exert a greater influence
years (2001-2006). We report on the efforts of each council over management decisions, and therefore over bycatch,
to address bycatch in the nation’s “dirtiest” fisheries. These than does the MSA.
include fisheries that account for the largest quantities of
fish and other marine life discarded each year (discards), Birds and marine mammals are also frequently caught as
and those that feature the highest rates of discards relative bycatch in the nation’s fisheries, often at alarming rates.
to the amount of catch retained (landings). In some cases, Though we touch on efforts to reduce bird and marine
the same fisheries that discard the most fish have the lowest mammal bycatch, a full treatment of the subject is beyond
discard-to-landings ratios. In the worst cases, the poundage the scope of this report.
of fish discarded and discard-to-landings ratio are both
high; it is in these, the dirtiest fisheries, that the failures of The value of a bycatch reporting plan depends on both
fisheries management are most glaring. While we found the quality and amount of available data. In most fisheries,
promising developments under way in some fisheries, the the best way to collect reliable data on bycatch is through
lack of progress overall toward reducing or eliminating an observer program. Observers are independent field
bycatch remains poor. Given the livelihoods and resources at biologists who are certified by NMFS to collect data while
stake, after ten years of expense and effort, we expect better. aboard fishing vessels. Observers collect and report data
on landings, bycatch, fishing effort, marine mammal
interactions, and other important information. Like any
Bycatch and the other data gathering exercise, the usefulness of observer
data depends on having an adequate sample size so that
Magnuson-Stevens Act results can be extrapolated with confidence. Seven of the
councils currently have observer coverage and the fisheries,
The 1996 MSA amendments defined “bycatch” to mean which they collect and report data on, are included in Table 1.
“fish which are harvested in a fishery, but which are not
sold or kept for personal use, and includes economic Throughout our report we refer to the observer “coverage
discards and regulatory discards. Such a term does not level” in different fisheries. The coverage level is expressed
include fish released alive under a recreational catch and as a percentage, and denotes the percentage of time that
release fishery management program.”3 Importantly, the an observer is on board while a vessel is fishing. Scientists
term “fish” in the MSA refers not only to fish, but also to who have studied the use of observer data in fisheries
mollusks, crustaceans, sea turtles, and all other forms of management argue that at least 20 percent observer
living animal and plant life except for marine mammals coverage is required to make estimates both accurate and
and birds. The effects of fishing on marine mammals and precise in most fisheries, whereas 50 percent coverage is

4 IN FOCUS: BYCATCH
Table 1. Target Fishery Observer Coverage for Select Fisheries in 2006.
REGION FISHERY TARGET % COVERAGE
New England Small Mesh Trawl (Includes whiting, red hake) <1%
Large Mesh Trawl (monkfish) <1%
Groundfish (Includes Atlantic cod, haddock) <5%
Mid-Atlantic Gillnet (Includes mackerel, monkfish, bluefish) <1%
Trawl (includes squid, mackerel, summer flounder) <1%
South Atlantic Shrimp Trawl <1%
Commercial Reef Fish (Includes snappers and groupers) <1%
Pelagic Longline (Includes Atlantic tunas, swordfish) <5-8%
Shark Driftnet Nov.-Mar. 100%
Apr.-Nov. 53%
Gulf of Mexico Shrimp Trawl <1%
Western Pacific Shark Bottom Longline 3.90%
Hawaii Longline (Includes tuna, swordfish, mahi-mahi) 20%
Pacific California Coastal Purse Seine (Including sardines, anchovies, 10%
mackerel)
Southern California Tuna Purse Seine 33%
Southern California Set Gillnet (Includes swordfish and thresher 20%
sharks)
Groundfish (Includes rockfish, flatfish, sharks) 10-20%
Pelagic Longline (Includes tunas, sharks, billfish) 100%
North Pacific Alaska Salmon Drift Gillnet 1%
Albacore Tuna Troll 1%
Groundfish (Includes pollock, Pacific cod, sablefish) Vessels >125ft.=100%,
Vessels 60-124ft.= 30%

All target percentage coverage data is from the National Marine Fisheries Service of the National Oceanic and
Atmospheric Administration.

necessary in some cases.6 The current level of observer

coverage is abysmal in most fisheries. Many have no
observer coverage, while some of the dirtiest fisheries have
coverage levels of one to five percent. In contrast, the
largest fishing vessels in the North Pacific are required to
have observers on board at all times.

The deployment of fishery observers is costly. In the North

Pacific, the cost of a single observer-day is estimated at
$350,7 while NMFS estimates the cost of an observer for
the Gulf reef fish fishery at $1,200 per day.8 However,
without sufficient resources devoted to data collection,
other efforts to combat bycatch will have limited effect.

IN FOCUS: BYCATCH 5
The Dirtiest Fisheries
Some fisheries are considered “dirty” by virtue of the We discuss the Bering Sea – Aleutian Islands king and
total poundage of discards, while other fisheries may have Tanner crab fishery and the weathervane scallop fishery
much higher rates of discards, expressed in this report in the North Pacific Council section of the report, even
as the ratio of discards to landings. We refer to this ratio though most management authority rests with the state of
as the “waste index.” For example, a waste index of 2.0 Alaska. Similarly, because the Atlantic highly migratory
means that for every pound of fish that is landed at the species (HMS) pelagic longline fishery is managed
dock, two pounds of fish (and other organisms) are thrown directly by NMFS rather than by a regional council, we
back. The report by Harrington et al., also known as evaluate bycatch associated with that fishery in a separate
the Oceana Report, summarized the total landings and section. Primary management authority over the Pacific
discards for twenty-seven of the nation’s most important halibut fishery rests with the International Pacific Halibut
fisheries based in 2002 data.9 For our analysis, we selected Commission, and not with NMFS or the councils. Thus,
the twelve worst performing fisheries in each category and we have omitted a discussion of the halibut fishery in
reviewed the actions of the council responsible for their this report.
management. Nine fisheries made the “Worst Offenders”
list for both the total poundage and the waste index As Table 2 clearly shows, shrimp fisheries dominate the
categories. Another six fisheries landed on one of the two bycatch list in both categories. The Gulf shrimp fishery,
lists, bringing the total number to fifteen (Table 2). in particular, dwarfs all other fisheries in total discard

Table 2. Fifteen fisheries with significant bycatch problems, arranged in descending order
by the discard/landings ratio, based on 2002 data (adapted from Harrington et al. 2005.10)
FISHERY DISCARD (IN WASTE INDEX1 COUNCIL
POUNDS)1
Gulf of Mexico shrimp 1,041,999,450 4.56 Gulf
South Atlantic shrimp 77,615,944 2.95 South Atlantic
Northeast multispecies groundfish 215,365,175 1.79 New England
Squid, mackerel, butterfish 113,390,355 1.23 Mid-Atlantic
BSAI king and Tanner crab
2
49,315,203 1.03 **North Pacific/state of AK
Pacific Coast groundfish 51,361,093 0.88 Pacific
Monkfish 38,303,113 0.84 New England / Mid-Atlantic
Pacific halibut 46,140,547 0.8 *IPHC
Atlantic HMS : pelagic longline
3
8,406,226 0.67 *NMFS
Summer flounder, scup, black sea bass 25,295,840 0.61 Mid-Atlantic
Weathervane scallop 2,198,009 0.56 **North Pacific/state of AK
Gulf of Mexico reef fish 15,895,329 0.41 Gulf
Gulf of Alaska groundfish 104,241,171 0.33 North Pacific
Atlantic scallop 122,528,516 0.26 New England
BSAI groundfish
2
353,001,970 0.09 North Pacific
1
Bold indicates that the fishery is within the top 12 for the category (discard poundage or waste index)
2
BSAI: Bering Sea – Aleutian Islands
3
HMS: Highly Migratory Species
* Fishery not managed primarily by council
** Co-managed by North Pacific Council and state of Alaska

6 IN FOCUS: BYCATCH
poundage and waste index. More than four and a half Gulf of Mexico Fishery
pounds of non-target ocean wildlife are discarded for Management Council
every pound retained. In trawl fisheries like these, the vast
majority of discards are killed or severely injured. Given the massive amount of waste in its fisheries, the
Gulf Council should have been working diligently on
While the eight fisheries with the highest waste index its bycatch problems for many years. With the possible
values are also on the total discards list, there are exception of turtle bycatch, the council has not done
exceptions to the rule. For example, the Bering Sea enough to reduce bycatch, relying mainly on incremental
– Aleutian Islands (BSAI) groundfish fishery is second only modifications to fishing gear. Recent efforts at establishing
to the Gulf shrimp fishery in total discards, but it also has a bycatch reporting plan are promising but under funded,
the lowest waste index. and nearly 10 years overdue.

In the following sections, we describe the actions taken by The Gulf Council is responsible for the management of
each council to meet the MSA bycatch provisions for the two fisheries on our list, the shrimp and reef fish fisheries.
fisheries highlighted in Table 2. Note that the Caribbean As described above, the shrimp fishery tops the list in both
and Western Pacific Councils are not among those listed; discard categories. In contrast, the reef fish fishery does
we nevertheless provide a discussion of the bycatch not rank in the top twelve for total discards, but the waste
problems faced by those councils and the efforts made to index, though at the bottom of the top twelve, is a fairly
address them. high 0.41. The Gulf Council’s efforts to address bycatch in
these fisheries are described in the following sections.

Are the Councils Doing Gulf Shrimp Fishery

Their Job? The Gulf shrimp fishery accounts for roughly 75 percent of
U.S. shrimp production and generates the highest revenues
Our analysis begins in the Gulf of Mexico and proceeds in the Southeast region and sometimes nationally.11,12 The
geographically counterclockwise through each regional fishery is primarily a bottom trawl fishery where nets are
council, followed by a brief discussion of the NMFS- dragged along the seafloor, capturing a broad mixture of
managed Atlantic HMS fishery. While we were tempted target and non-target species, including finfish, crabs,
to rank the councils from best to worst, we have not done and sea turtles. In general, bycatch in trawl fisheries have
so. Each fishery and management context is fairly unique, very high mortality rates, in some cases approaching 100
making a relative evaluation very subjective, although percent for many species. Among finfish, the highly prized
many of the management deficiencies are shared by most red snapper – which has been overfished since at least
councils in one form or another. Only the North Pacific 1988 – is common in shrimp trawl bycatch, a significant
Fishery Management Council stands out above the rest factor in the poor health of red snapper stocks in the
for its efforts to address bycatch through a variety of Gulf. Other commonly caught non-target species include
management measures supported by intensive bycatch other snappers, mackerel, Atlantic croaker, and porgies.
data collection. Not all is rosy in the North Pacific, but Discards in this fishery are primarily regulatory rather
many of the measures applied there can and should be than economic.
applied elsewhere.
Turtle bycatch in the shrimp fishery caught the attention
of the public and regulators in the 1980s and early 1990s.
Since 1991, shrimp trawl nets in the Gulf have been
required to use turtle excluder devices (TEDs) year-round,
although implementation of the TED requirement did

IN FOCUS: BYCATCH 7
not cover all inshore areas until 1994.13 These guided Unfortunately, the effectiveness of BRDs has not lived
openings in the net are intended to allow turtles to escape up to the promise. While a 1998 study that investigated
the trawl net while retaining shrimp, with a stated goal of the effectiveness of BRDs gave an average finfish bycatch
releasing at least 97 percent of trapped turtles. In recent reduction rate of 42 percent, a more recent report showed
years, efforts by NMFS to further reduce turtle bycatch that the actual bycatch reduction rate is much lower.15 The
have focused primarily on the modification of design Fisheye BRD, which is preferred because it leads to only a
requirements to ensure that TED openings are large small reduction in shrimp catch compared to other BRDs,
enough to allow larger leatherback, loggerhead, and other produces only a 16.5 percent reduction in finfish bycatch.16
species of turtles to escape.14
In May 2005, the Gulf Council approved Shrimp
Catch regulations in the fishery include a variety of Amendment 13, but it has not yet been approved by the
closures based on areas or time of the year, which could Secretary of Commerce. The Amendment includes a suite
be a good bycatch reduction tool if the council had of reporting requirements regarding the types of gear
adequate bycatch data to guide establishment of the used aboard shrimp vessels and for total landings. It also
closures. However, these closures are designed primarily to requires completion of electronic log books by a portion
protect small shrimp and to eliminate conflicts with other of shrimp vessels participating in the fishery. Currently,
fisheries, such as the crab trap fishery, and are not designed no log books are required. Log book data, which include
specifically toward reducing bycatch. data on the amount and type of bycatch, can be somewhat
informative, though the reliability of self-reported data
In the last five years, the Gulf Council has taken some is far lower than that collected by third parties, such as
promising steps toward reducing finfish bycatch by fishery observers.
providing authority to increase fishery observer coverage,
and toward establishing a bycatch reporting plan, which The most important action in the Amendment is the
are long overdue. Shrimp Amendment 11, implemented establishment of a bycatch reporting plan that includes
in October of 2002, required owners and operators of all the authority for higher rates of observer coverage on
vessels catching shrimp from federal waters in the Gulf to randomly selected vessels. The observer-collected data will
obtain a federal commercial vessel permit. While requiring be used to estimate total annual finfish and invertebrate
a permit may not seem like a major advance in a fishery bycatch. Vessels that do not carry observers in accordance
that has a staggering level of bycatch, it brings a large with this process will not have their permits renewed.
percentage of the shrimp fishermen under the purview Observer coverage rates are sorely inadequate in this
of the federal management system where other measures fishery given the severity of the bycatch problem. The
will be incorporated over time. It will also for the first time current level is less than 1 percent.
provide managers with an accurate count of the number
of fishermen in the fishery. The recent amendments are promising developments that
are long overdue. However, given the massive scale of
Shrimp Amendment 9, implemented in 1998, required the bycatch problem in this fishery, much more must be
the use of NMFS certified bycatch reduction devices done. For example, the red snapper fishery is unlikely to
(BRD) in the EEZ from Cape San Blas, Florida to the recover until bycatch in the shrimp fishery is significantly
Texas/Mexico border, and provided for the certification reduced. This seems unlikely, however, given the council’s
of the “Fisheye BRD.” The goal was to reduce bycatch unwillingness to take meaningful steps to reduce bycatch.
mortality of juvenile red snapper by 44 percent. While Instead the council continues to rely on dubious statistical
this Amendment occurred during the first of our five- assumptions to maintain status quo management. For
year MSA-implementation review periods, Amendment example, the council continues to assume that bycatch will
10 more recently followed it in 2004, which extended the be reduced by the demonstrably ineffective BRDs and an
coverage of the BRD requirement to the eastern Gulf, and assumption that 30-50 percent of the shrimp fleet will go
required that BRDs demonstrate a 30 percent decrease in out of business for macroeconomic reasons. Meanwhile, the
finfish bycatch by weight. council maintains unsustainably high red snapper catch limits.17

8 IN FOCUS: BYCATCH
NMFS currently incorporates bycatch data – where reliable survey tool has been questioned since its inception
available – into the red snapper stock assessment, but more than 20 years ago. A recent study by the National
currently no bycatch quotas or other similar management Research Council found that MRFSS data is largely flawed
tools have been incorporated into the management plan by and that the MRFSS is in need of a “major overhaul of
the council, though such tools have been applied elsewhere the design, implementation, and analysis.”21
(see North Pacific Council section).18 A substantial
reduction in finfish bycatch through enforcement of Recently, Reef Fish Amendment 22 created a bycatch
BRD requirements is a worthy objective, but even if the reporting plan for this fishery. The Amendment established
reduction is achieved, this fishery would still remain at the a NOAA administered observer program for the
top of the list of dirty fisheries by a wide margin. commercial and recreational charter boat fleets and added
headboats (vessels that carry individual recreational anglers
Gulf Reef Fishery for hire) to the MRFSS survey system. Current observer
coverage levels in this fishery are less than 1 percent. An
The Gulf reef fishery targets a variety of species of expanded observer program is desperately needed in this
snapper and grouper, as well as greater amberjack and fishery and will require the commitment of significant and
triggerfish. The fishery operates primarily using hook and reliable funding.
line gear and longlines, but pots and traps are also used.
Bycatch is composed primarily of regulatory discards of Secretarial Amendment 1, implemented in 2005, is a
target species, as well as skates, toadfish, barracudas, and concrete catch management measure that can potentially
sharks. Discards of red grouper by the longline, vertical reduce bycatch levels. The Amendment separates shallow
line, and trap fisheries are a major problem, as well as water grouper species from deep-water grouper species
regulatory discards of undersized or out-of-season red with separate total allowable catch (TAC) levels and
snapper. In addition to finfish, according to “Every Fish – in an effort to reduce bycatch of red grouper – allows
Counts” – a report from the Gulf Restoration Network the shallow water grouper fishery to close when the red
– several species of sea turtles and whales are killed by grouper catch limit is met. Its effectiveness is contingent
longlines in the fishery.19 on three main factors: 1) the availability of accurate,
near real-time data to enable a timely fishery closure;
Recreational marine fisheries are much more prevalent in 2) the setting of a conservative (low) catch limit that
the Gulf and the rest of the Southeast region compared provides for the opportunity to rebuild the stock; and 3)
to other regions nationally, with more than 44 million the political will to apply the measure consistently in the
recreational marine fishing trips per year.20 In the reef face of likely opposition. Also, catch limit-based closures
fish fishery, recreational and commercial landings were should not be limited to a single species, but applied
roughly equal in 2002. However, the recreational fishery much more broadly to address many of the most critical
has a much higher waste index, estimated as 0.8, while bycatch problems for both target and non-target species.
the commercial fleet index is estimated as 0.09. Bycatch These types of management measures depend heavily
mortality rates may differ substantially between the two on accurate reporting – typically by observers – and high
sectors due to the differences in gear types. levels of observer coverage. Unfortunately, the incentives
for fishermen to under-report bycatch increases when it
Currently, reef fish fishery data is collected through serves as a direct trigger for fishery closures. So, as catch
logbooks and voluntary observer coverage in the limit measures grow more restrictive, the reliability of self-
commercial fishery, while data for the recreational fishery reported data decreases, and the need for more observer
is based on information gathered through the Marine coverage increases.
Recreational Fisheries Statistics Survey (MRFSS).
The MRFSS includes dock or boat ramp surveys of In 2003, NMFS evaluated bycatch programs in fisheries
recreational fishermen as well as telephone surveys that across the nation and reported on the current levels of
collect information on catch, effort, and discards at the observer programs and the investments required to develop
end of the fishing season. The efficacy of the MRFSS as a more mature and reliable observer-based data collection

IN FOCUS: BYCATCH 9
and reporting methodologies.22 According to the report, co-managed by the coastal states from North Carolina to
the Gulf shrimp fishery would require an additional $8 Florida. Thus, the council is not the only management
million per year to move from the current “pilot” phase entity responsible for bycatch problems in the fishery.
to a “developed” phase (still short of the “mature” phase),
while the reef fishery would require approximately $2 The management plan for this fishery regulates fishing for
million per year to advance from the current “baseline” pink, white, brown, and rock shrimp. Crabs, menhaden,
phase to the “pilot” level. croaker, and other finfish dominate the bycatch. Bycatch
of sea turtles was very high historically, prior to the
The council has taken modest steps to reduce bycatch requirements for TEDs.25
mortality in this fishery. For example, the council recently
approved Amendment 18a that requires all reef fish vessels Catch regulations for the South Atlantic shrimp fishery are
to follow protocols and possess approved tools to improve more stringent than regulations for the Gulf of Mexico
the survival of released sea turtles and smalltooth sawfish. shrimp fishery.26 TEDs have been required on all vessels
The Amendment also makes it illegal to use undersized since 1991 while BRDs for finfish were first required in
reef fish as bait.23 1997. Though properly installed TEDs appear to be fairly
efficient in reducing turtle bycatch, the success of BRDs is
One action that the council should take is to require much lower. Unfortunately, the council has done little to
– rather than simply recommend – the use of circle hooks further reduce the amount or mortality of finfish bycatch.
in the fishery. NMFS has identified the mandatory use of Although a large proportion of the fishery occurs within
circle hooks as a measure for decreasing bycatch mortality state waters, all states in the South Atlantic are required to
in the reef fish longline and hook and line fisheries. The use federally approved TEDs and BRDs, and some states
primary difference between circle hooks and the more have opted for more stringent measures than those applied
typical “J” hooks is that circle hooks are less likely to be in the federally-managed waters. The coastal states have
swallowed and more likely to lodge in the mouth, leading applied a variety of management measures that help to
to a higher rate of live release in some fisheries.24 reduce bycatch, albeit indirectly, such as closures of certain
areas during certain times of the year, minimum mesh sizes
South Atlantic Fishery for trawl gear, maximum net sizes, and minimum sizes for
Management Council some species of shrimp.27

The South Atlantic Council manages the other shrimp The council has finally taken steps to address the need
fishery on our list. Like all fisheries dominated by bottom for a bycatch reporting plan. Amendment 6 to the South
trawls, bycatch rates are high due to the indiscriminate Atlantic Shrimp FMP, which was approved in 2005, calls
nature of the gear. The council needs to do more to for the adoption of the Atlantic Coastal Cooperative
reduce bycatch. The council only recently established a Statistics Program (ACCSP) Release, Discard, and
bycatch reporting plan, and its effectiveness will depend on Protected Species Module. The ACCSP program is
increased observer coverage. a mandatory, trip-based reporting system required
of all fishermen and dealers. The bycatch portion of
South Atlantic Shrimp Fishery the program includes mandatory at-sea observers and
both mandatory and voluntary reporting of releases
The South Atlantic Council manages the shrimp fishery and discards through the catch and effort “trip ticket”
along the coasts of North Carolina, South Carolina, system, where fishermen must fill out data forms about
Georgia, and the east coast of Florida. This fishery ranks their previous fishing trips in order to renew their fishing
second in the country for the amount of bycatch produced licenses. The program also includes sea turtle and marine
for each pound of catch. Its waste index is only exceeded mammal stranding and entanglement reporting networks,
by that of the Gulf shrimp fishery. However, the fishery beach bird surveys, and port sampling of vessels to verify
is much smaller, with approximately one-tenth the total reporting on trip tickets.28 The ACCSP program holds
landings of the Gulf fishery. The fishery is substantially great promise, but its effectiveness rests on the availability

10 IN FOCUS: BYCATCH
of adequate observer coverage, which, in turn, depends on Mid-Atlantic Fishery
the availability of reliable funding. Management Council
While the South Atlantic shrimp fishery is more tightly The Mid-Atlantic Council manages two of the fisheries on
controlled than its Gulf counterpart – in large part due to our list: the squid, mackerel, and butterfish fishery, as well
the management efforts of the coastal states – the South as the summer flounder, scup, and black sea bass fishery.
Atlantic Council does not establish bycatch limits for Both are included in the dirtiest dozen fisheries under
closing fisheries when the limits are reached or other such both categories, with waste index values of 1.23 and 0.61,
methods to reduce bycatch, even though the discard rate respectively. The council has taken limited, incremental
remains high even after requirements for BRDs were put steps to reduce bycatch, primarily through gear and area
in place. The implementation of better bycatch monitoring restrictions. But ten years after the bycatch amendments
and reporting is a necessary requirement for such actions to the MSA, the council has still not met the standards for
to be effective, but funding will need to be secured for bycatch reduction or for the development of a credible
the long-term. NMFS estimates that an additional 4,000 bycatch reporting plan. Failing to curtail bycatch has
“observer sea-days” per year are required to elevate the contributed to the overfished status of at least one of its
shrimp trawl program from the current “pilot” level to stocks being overfished, and one other stock in particular
the “developing” phase, with observer costs ranging from will require 20 years before it is rebuilt.
$300-1000 per day. 29

The South Atlantic Reef Fishery

Even though the shrimp fishery is the only fishery in the While fishermen are required to record this information,
South Atlantic to make it onto the national “top twelve” NMFS does not report how many of these fish are being
list for most bycatch landed and highest bycatch ratio, caught and discarded. Discards and bycatch mortality
bycatch has a tremendous impact on the health of the reef numbers are “accounted for” in the stock assessment
fish fisheries of the South Atlantic. process, and thus management outputs like a one-fish
retention limit are not re-visited for their effectiveness.
The deep-water grouper fishery tells a grim story. Some NMFS and the council seem to be taking a “wait and
thirty years ago, speckled hind and warsaw grouper see” approach to rebuilding these species, but so far
populations were fished down to such scarcity that the this approach has not been successful. While warsaw
directed fisheries for these deep-water species essentially grouper and speckled hind are no longer targeted
closed. These once-abundant target species are now only directly, fishermen are killing enough as bycatch that
encountered as bycatch in more abundant fisheries such as neither species has recovered in the past thirteen years.
that of snowy grouper and golden tilefish (which ironically We can only guess what impact bycatch has had on the
are now both severely overfished as well). Thirteen years numerous other deep-water snapper and grouper species
ago when the council wrote a rebuilding plan for speckled in this complex.
hind and warsaw grouper, they relied on a one fish per
trip retention limit as the only management measure to It is no wonder that the South Atlantic Council has
rebuild these species. As a result, both of these grouper struggled to curtail overfishing in the snapper-grouper
populations are still at abysmally low levels. There has been complex for more than a decade, when they are not fully
little or no effort to track, record, or limit the mortality accounting for the amount of bycatch and subsequent
of these species. Since the discard mortality rate for any discard mortality in these fisheries. Knowing how many
fish from the deep-water reef fish complex is nearly 100 fish are being killed – not just how many are brought
percent, any speckled hind or warsaw grouper that are to shore – is an essential part of ending overfishing and
caught will likely die, though only the one-fish bag limit allowing depleted fish stocks to rebuild.
that is brought to the dock will be counted.

IN FOCUS: BYCATCH 11
Squid, Mackerel, and Butterfish The council may have missed another opportunity
to reduce butterfish bycatch when it voted to support
The Mid-Atlantic Council manages Illex squid, Loligo the Squid, Mackerel, and Butterfish Committee’s
squid, Atlantic mackerel, and butterfish together in one recommendation for no butterfish gear restricted areas as
management plan. However, unlike most multi-species the preferred alternative in the public hearing document.
plans, these species are not targeted in the same seasons. The council may still include measures to reduce butterfish
They are grouped together because many boats fish discarding, but committee recommendations often set
for all four species in different seasons.30 The squid and the stage for a likely outcome.31 With respect to Loligo
butterfish fisheries rely primarily on bottom trawl gear, squid, the amendment may provide for an increase in the
while the mackerel fishery uses bottom trawl as well as possession limit of Loligo in the Illex squid fishery during
mid-water trawl gear. Bycatch in the squid fishery is Loligo closure periods, which is expected to decrease
primarily regulatory, consisting of all three species under regulatory discarding, but not non-selective fishing.32
this management plan as well as assorted hake species The council does not have a bycatch reporting plan for
and John dory. Similarly, in the butterfish fishery, discards this or any other fishery under its jurisdiction that meets
include each of the other species in the management plan, the requirements of the MSA. However, in concert with
as well as economic discards of butterfish itself. According the New England Council and NMFS, the council is
to estimates that are based on 35 observer trips in 2002, finally developing an omnibus amendment for a Northeast
18 species groups representing 92 different species were Region Standardized Bycatch Reporting Methodology.
discarded as bycatch in the Loligo squid fishery. Butterfish, This is sorely needed, but it must also be accompanied
currently listed as overfished, led all finfish stocks, by substantially higher observer coverage level than the
sometimes with discards of more than twice the annual current level of less than one percent.
landings of both squid types (Loligo and Illex), and in some
cases 40 times the landed squid catch. Summer Flounder, Scup, and Black Sea Bass

The mackerel fishery has somewhat lower discard rates The commercial summer flounder and scup fisheries are
than the other species, though they are often caught by primarily bottom trawl fisheries, although a fair share of
mid-water trawls in schools where they are mixed with scup harvest comes from hand lines, pots, and traps. The
herring. The herring are retained, however, and thus black sea bass fishery is primarily a pot and trap fishery,
not counted as discards. Striped bass, a staple of the with trawling contributing approximately one third of
recreational fishing community, accounted for 52 percent the catch.
of the discarded catch from the anchored sink gillnet
fishery targeting Atlantic mackerel. In 2002, an estimated All three fisheries catch a wide array of non-target species
8,443 pounds of striped bass were discarded in the sink as bycatch, including skates, crabs, sea bass, bonito,
gillnet and otter trawl fisheries. Spiny dogfish also make up butterfish, and many others. Bycatch reduction is achieved
a large portion of bycatch, especially in the otter trawl mainly through a combination of gear restrictions (such
gear group. as minimum mesh sizes) and minimum size limits for
retention. All three fisheries have a substantial recreational
The council is currently developing an amendment to the component. In the case of black sea bass, the recreational
management plan that will address bycatch reduction to quota for 2004 was slightly higher than the commercial
some degree through additional gear modifications and the quota.33 One gear modification that ought to help to reduce
establishment of gear restricted areas. Unfortunately, at the bycatch in the black sea bass fishery is the council’s decision
council meeting in March 2006, the council voted to reject to follow the Monitoring Committee’s recommendation
a proposal to increase the “cod,” or rear, end net mesh to require two escape vents in the inner portion of the
size from 17/8 to 3 inches because some council members trap34 (current regulations require only one) and to increase
argued that targeted Loligo squid would escape and that the minimum circular vent size to 2.5 inches. Vents allow
previous efforts to address butterfish bycatch, such as changes to smaller fish to escape the trap while retaining large fish.
the areas where scup gear are restricted, should soon bear fruit. This measure is effective January 1, 2007.35

12 IN FOCUS: BYCATCH
During 2002-2004, scup discard in the recreational fishery developing Amendment 9 to the Squid, Mackerel, and
was relatively low at 308,647 pounds with about 15 percent Butterfish FMP. Finally, more resources need to be
of the fish assumed to subsequently die. In contrast, the allocated to the observer program. For those stocks with
commercial fishery landed about 8.6 million pounds, and an existing observer program, the coverage levels are
discarded approximately 6.4 million pounds. In recent low, generally less than one percent. The council needs
years, the trawl fishery has accounted for about 50 percent to greatly increase the amount of observer coverage, and
of the annual commercial discard and managers assume NMFS needs to appropriate more observer coverage
that 100 percent of the commercially discarded scup die. dollars, especially for those stocks that are in jeopardy.
Increasing observer coverage will ultimately lead to more
Improving sampling design and increasing observer accurate and reliable bycatch results that can be checked
coverage in the scup fishery will greatly improve the against other data sources.
reliability of estimates for commercial discards. Two other
developments that should benefit scup are the council’s New England Fishery
decision to increase the mesh size in 2004 from 4.5 to 5
inches and its pending development of a bycatch reporting
Management Council
plan, both of which should lead to a reduction in bycatch.
Even before the new mesh size was put in place, bycatch The New England Council has presided over the dramatic
in both the commercial and recreational sectors decreased collapse of numerous fish stocks and has a rich history
between 2003 and 2004. of resisting long-term reform in favor of short-term
expediency. After several successful lawsuits brought by
One of the problems plaguing bycatch assessment is conservation groups, the council is at last making measured
inconsistency between self-reported and observer-reported progress toward meeting the requirements of the MSA.
bycatch data. For example, summer flounder discard
data from observer reports from 2003 to 2004 showed an On our list of dirty fisheries, the council manages the
increase of summer flounder discards of 5 percent, while Northeast multispecies groundfish fishery, the Atlantic
data from vessel trip reports for the same time period scallop fishery, and takes the lead in managing the
indicates a nearly 20 percent reduction. Many experts refer monkfish fishery, which is co-managed by the Mid-
to this disparity as the “observer effect,” where reporting Atlantic Council.
and/or fishing behavior are affected by the presence of
an observer. The council’s recent bycatch reporting plan Northeast Multispecies Groundfish Fishery
amendment, nine years overdue, should prove to be a very
valuable tool in rebuilding and managing rebuilt stocks, The Northeast multispecies groundfish fleet is by far the
although it required three successful lawsuits to compel largest bycatch offender in the region, with nearly 220,000
the parties to do so (as described in the New England pounds of estimated discards in 2002 and a waste index of
Council section). 1.8, ranking third on our list in both categories. Trawl gear
dominate the fishery, followed by gillnets and to a lesser
Still, there is a long way to go before one can conclude extent, longlines. The target species for the fishery include
the council is employing the full suite of management cod, haddock, several species of flounder, white hake, and
measures that it has available to correct many of the assorted other species, most of which have been severely
problems with bycatch. The fact that butterfish is overexploited.36 Catch regulations for the Northeast
overfished, largely due to bycatch mortality, demonstrates groundfish management plan are complex as regulators
the need for improvement. The low market value of attempt to control fishing mortality through restrictions on
butterfish is no excuse for permitting high butterfish the number of days fishermen are allowed to fish, called
discards and not doing more to help the stock recover. “days-at-sea” (DAS), trip limits, minimum fish sizes, gear,
and area closures.37 However, in most cases where daily
The council can take action to address high discards trip limits are low due to overfishing, the council rarely
in both the mackerel and squid fisheries as it continues imposes concomitant gear restrictions to prevent fishermen

IN FOCUS: BYCATCH 13
from using fishing gears capable of catching significantly i.e., less fishing will lead to less bycatch. However, in many
higher amounts of fish than the daily trip limit. As a result, cases, these benefits are not quantifiable, or have not been
high levels of discards are common for overfished species, verified as such, due to inadequate observer coverage.
since fishermen must throw back all fish once they reach
their trip limit. Bycatch data in the fishery is collected primarily through
the Fishery Observer Program of the Northeast Fisheries
The high levels of bycatch in this fishery continue to Science Center, but some data are also collected through
threaten already overexploited groundfish stocks like a Vessel Trip Report (VTR) system that requires each
Georges Bank and Gulf of Maine cod, which hover permitted vessel to report both catch and landings in
on the brink of collapse at only 10 and 23 percent of VTRs submitted on a periodic basis. However, VTR data
the minimum for healthy and sustainable populations, are considered reliable only for landings, not for bycatch.
respectively. Trip limits contribute to the discards of some Recreational data are collected through the Marine
targeted species, since fishermen must throw back all fish Recreational Fisheries Statistics Survey (MRFSS).40,41 Prior
caught once they reach their trip limit.38 A related problem to a 2001 federal district court ruling, observer coverage in
is “high-grading,” where fishermen continue to fish once the Northeast hovered at less than 1 percent, but as a result
they hit the trip limit and throw back, usually dead, less of this ruling, observer coverage has increased to about 5
valuable smaller fish in favor of larger fish as they seek percent.42 Unfortunately, this is still well short of the 20
to stay within the trip limit.39 Non-target bycatch of percent level that is needed in most fisheries.43 The New
commercially valuable species is largely composed of spiny England Fishery Management Council in its most recent
dogfish, skates, butterfish, monkfish, and white hake. Most fishery management plan amendment stated its desire to
discards are regulatory in nature. increase observer coverage to at least 10 percent in the
fishery. However, NMFS has failed to increase coverage,
The council has implemented few direct measures to and now even the inadequate 5 percent level of coverage
reduce bycatch. Instead, the council relies on the incidental is threatened by recently proposed budgets cuts to the
benefits of its effort control measures to address bycatch, observer program. While the council acknowledges that
bycatch estimates ought to be incorporated explicitly into
its management plans and is accounted for generally in
Although a separate fishery, bycatch of groundfish, management measures, bycatch is not accounted for in the
especially juvenile groundfish, in the mid-water trawl most recent stock assessments for several key groundfish,
herring fishery is a problem. Herring vessels use small including Georges Bank cod, American plaice, witch
mesh nets to fish and, though it is characterized as a flounder, and windowpane flounder.44,45
mid-water fishery, these nets are equipped with gear that
allow them to fish all the way to the bottom. Thus, as The greatest long-term failure of the council and NMFS
some groundfish stocks have begun to recover, bycatch is their inability to develop a credible bycatch reporting
of juvenile groundfish by the herring mid-water trawl plan, coupled with a lack of commitment toward
fleet has been significant. In 2004 several herring vessels securing adequate observer coverage. Fishery managers
were subject to enforcement actions for attempting to acknowledge the need to reduce bycatch and bycatch
land thousands of pounds of juvenile haddock in Maine mortality, but consistently fail to 1) develop a plan
and Massachusetts. In response, the New England that holds up to judicial review and 2) utilize bycatch
council and NMFS implemented measures to increase estimates when assessing stock status and making fishery
observer coverage in the herring fishery and to establish management decisions in some of the most important
bycatch caps for haddock in this fishery. Still, bycatch fisheries, such as Georges Bank cod. NMFS has lost court
rates remain very high, and recently proposed budget decisions three times in the past five years: in 2001, and
cuts to the observer program in New England would twice in 2005 for its failure to establish a bycatch reporting
reduce observer coverage in the herring fishery from plan. Throughout the litigation processes, the council and
approximately 20 percent to less than 3 percent of NMFS maintained that they were already doing enough
herring fishing trips. to prevent bycatch, but these claims were rejected by

14 IN FOCUS: BYCATCH
the court, clearly demonstrating that they have not lived rates of at-sea sampling to improve precision of bycatch
up to their responsibilities under the MSA. The Federal estimates, as well as other measures regarding monitoring,
Court ordered NMFS and the council to evaluate their enforcement, and gear restrictions. The council has also
bycatch reporting and assessment program, establish a recently proposed another amendment, which would
standardized reporting methodology, and address other include the first measure specifically designed to protect sea
demonstrated shortcomings in their observer program.46 turtles from interactions with scallop dredges in the Mid-
In response, the council and NMFS recently formed a Atlantic portion of the fishery.
committee to begin developing a bycatch reporting plan, in
conjunction with the Mid-Atlantic Council, with the first Like all the other fisheries under its jurisdiction, the council’s
meeting held on April 3, 2006. greatest failure in the management of this fishery is the
gross inadequacy of observer coverage. The current FMP
Atlantic Sea Scallop Fishery requires that fishermen accept and pay for observers if
asked, and vessels that do so are allowed to catch more
The Atlantic sea scallop fishery is managed as one stock scallops as compensation for the additional costs. In most
complex extending from the east coast of Maine to North catch areas, observer coverage has been in the 0-2 percent
Carolina. On our list of dirty fisheries, it ranks in the top range in recent years, with only the Hudson Canyon area
twelve for total discards but has the lowest waste index reaching levels from 6-11 percent, still well short of the
outside of the North Pacific. recommended 20 percent level.

Scallops are caught primarily with dredges. Like other As described above for the groundfish fishery, the council
bottom-oriented gear types, dredges are very indiscriminate has rested its hopes on the development of an omnibus
and cause a high level of non-target bycatch and habitat bycatch reporting plan that will cover all of the key
destruction. Bycatch in this fishery is largely composed fisheries under its jurisdiction.
of skates, monkfish, undersized scallops, flounders, and
other groundfish. As of 2006, there has been no serious Monkfish Fishery
attempt to determine total amounts of bycatch in this
fishery, and NMFS just recently began to require higher The monkfish, also known as goosefish, is often associated
levels of observer coverage. Killing of threatened and with the New England multispecies groundfish fishery,
endangered sea turtles is also a continuing problem for though it has its own FMP. It qualifies for our list of dirty
the scallop fishery. Turtle bycatch in the fishery is mainly fisheries on both counts due to high overall discards and a
composed of Endangered Species Act-listed loggerhead high waste index. Monkfish are caught with trawl gear or
sea turtles. In 2003, according to NOAA scientists, the large-mesh gillnets. The primary regulations for monkfish
fishery caught over 700 loggerhead sea turtles, of which are limitations on DAS, area closures, gear restrictions,
over 60 percent were seriously injured or killed. In 2004, landing limits, and minimum fish sizes. Though targeting
the fishery interacted with an estimated 180 loggerhead monkfish with dredges is not permitted, a substantial
sea turtles. In 2004, the council adopted a management amount of monkfish is landed by the scallop dredge
system where areas were open in rotation that is primarily fishery.47 Discards in this fishery include both regulatory
intended to allow localized juvenile scallop populations and economic discards, with undersized monkfish
to grow through short-term closures. Unfortunately, representing a substantial share of total discards. Discards
the council imposed no measures to adjust rotational of high numbers of sea turtles and marine mammals are
management to specifically avoid scallop dredging in common in this fishery, but rarely reported, due to minimal
certain times and areas when bycatch rates are higher. levels of observer coverage. No estimates of total non-
Also in 2004, the council implemented an amendment to target discards have been attempted. There is little to no
the scallop management plan that enhanced the reporting bycatch data collected in the fishery and what is collected
requirements for certain vessels, established a quota for is highly unreliable. The fishery has woefully inadequate
yellowtail flounder caught as bycatch in Georges Bank levels of observer coverage and no established bycatch
closed areas, changed finfish possession limits, enhanced reporting plan. While the council acknowledges that

IN FOCUS: BYCATCH 15
“reliable quantitative estimates of the magnitude and scope These fisheries target a wide array of species, with pollock
of bycatch in monkfish fisheries, either of monkfish or accounting for roughly 75 percent of the BSAI fishery,
other species, are not available,” it nevertheless has failed followed by Pacific cod, a variety of flatfish, sablefish,
to address the problem.48 The omnibus bycatch reporting several rockfish species, and Atka mackerel. Target species
plan currently under development is intended to serve as are similar in the GOA, but Pacific cod is the dominant
the primary bycatch reporting framework for all fisheries species and landings of several flatfish and rockfish species
managed by the council, including monkfish. exceed those of pollock. The GOA fishery also catches a
wider array of rockfish and flatfish.
North Pacific Fishery
Non-pollock fisheries utilize bottom trawls, longlines, and
Management Council pots in both the BSAI and GOA fishery with attendant
higher rates of bycatch of both target and non-target
The North Pacific Council manages the largest fisheries in species. For example, the Atka mackerel bottom trawl
the nation by volume. The total landings of the Bering Sea fishery discarded 35.3 million pounds in 2003 with a
– Aleutian Islands (BSAI) groundfish fishery alone are 4.4 discard rate of 28 percent, including over 13.2 million
billion pounds per year. The council has addressed bycatch pounds of rockfish.
issues more aggressively than its counterparts through a
variety of management strategies, informed by the most More than any other council, the North Pacific Council
comprehensive observer program in the country. The total has employed a variety of measures to reduce bycatch in
amount of waste remains very high, however, with over the groundfish fisheries. They include a large observer
300 million pounds of discards per year. Still, the council’s program, groundfish quotas that are set and monitored in
efforts demonstrate that bycatch management can be near real time, time and area closures, gear restrictions,
improved substantially through council action, a lesson that prohibitions on the retention of some species, bycatch
can and should be applied elsewhere. limits for some non-groundfish species, careful release
requirements for halibut bycatch in the longline fisheries,
The North Pacific Council manages groundfish fisheries bird bycatch avoidance regulations for the longline
in the Gulf of Alaska (GOA) and the BSAI management fisheries, and fishery closures when groundfish or non-
areas. In addition, the council co-manages the weathervane groundfish quotas are met.49 Most importantly, unlike
scallop and BSAI king and Tanner crab fishery with the many fisheries managed by other councils, projected
state of Alaska. Efforts to meet the requirements of the bycatch amounts are explicitly incorporated into annual
MSA for addressing bycatch are described next. quotas, thus greatly reducing “off-the-books” mortality.

BSAI and GOA Groundfish The ability to reduce bycatch in these fisheries is driven
in part by the realities of catch allocation rather than by
Both the BSAI and GOA groundfish fisheries are on the conservation motives. In the case of highly prized species –
list of the dirtiest fisheries for total bycatch poundage, but such as salmon, halibut, king crab, snow crab, and herring
neither feature an exceptionally high waste index relative – the resource is fully allocated, so that unintentional
to other fisheries on our list due in large part to the high bycatch by the groundfish sector has a direct economic
volume of fish landed in these fisheries. In fact, the waste impact on other target fisheries for those species. As a
index in the BSAI fishery is the lowest of any on our list result, across much of the management area, these species
at less than 0.1, while the GOA has a much higher index are forbidden to be retained by the groundfish fishery.
value of 0.33. The sheer poundage of bycatch is troubling; Bycatch caps are used in selected areas to shut down
when the Gulf and South Atlantic shrimp fisheries are groundfish fisheries when such caps are reached. This is
removed from the data, the North Pacific groundfish particularly true for halibut bycatch in groundfish fisheries.
fisheries account for nearly 40 percent of all remaining
discards nationwide.

16 IN FOCUS: BYCATCH
Through a combination of these and other actions, To prevent seabird bycatch, fishermen have modified
groundfish discards decreased by 50 percent from 1996 to gear to avoid unwanted catch. The first seabird avoidance
2002, despite a 2.5 percent increase in groundfish catch. regulations were implemented in 1997. The regulations
At the same time halibut bycatch mortality decreased by require most longline vessels and fisheries to use streamer
8 percent, herring bycatch decreased by 92 percent and lines to help reduce and avoid seabird bycatch. In 2002,
crab bycatch decreased by 52 percent. Salmon bycatch in the total seabird bycatch fell to just over 4,000 birds.52
groundfish fisheries has fluctuated year to year. In 1996 Many of the most effective management measures are
groundfish fisheries discarded approximately 161,000 fish made possible by the observer program, which is far and
followed by an improved trend. In 2004, however, salmon away the most sophisticated in the nation. In 2002, there
bycatch skyrocketed to an all time high of over 500,000 fish. were approximately 35,000 “observer deployment days” in
the groundfish fisheries. Observer coverage is based on the
A major factor in the dramatic decrease of bycatch from length of the vessel and a special allocation program for
1996 to 2002 was the Improved Retention/Improved Bering Sea pollack. Coverage ranges from 0 to 200 percent
Utilization Program for pollock, Pacific cod, and Gulf (two observers on board at one time) in the case of unique
of Alaska shallow water flatfish, which substantially legal requirements for some vessels.
increased the requirement to retain species that previously
would have been discarded for economic reasons.50 In There are remaining gaps within the North Pacific
other words, many low value fish are retained instead observer system that compromise data quality in certain
of discarded, and are utilized for fish meal production. catch sectors. For example, in the case of some areas
So, a formerly significant category of discards has been and gear types, the large majority of vessels are in the
converted into a mandatory, low-value “target” fishery less than 60 foot size class so that observer data is largely
product. However, finding a market for bycatch is not absent. Also, for vessel size classes requiring less than 100
a long-term solution, and more selective gear must be percent coverage, the ability to deploy observers randomly
promoted. Although the fisheries may look “cleaner” on is limited by the logistical difficulties and coordination
paper, the ecological effects of removing so many fish from required to ensure that observer coverage arrangements do
the ecosystem must also be weighed. not unduly delay vessel deployment. This means that the
data collected may not be a truly random sample, and its
The council also focuses on rationalization programs (such quality for statistical analysis is limited.
as individual fishing quotas) and cooperatives to reduce
bycatch, though such programs may increase some types Also, by lumping all of the discard statistics in the
of bycatch while decreasing others. For example, higher groundfish fisheries into a single value, both the Oceana
rates of target species bycatch due to high-grading (keeping report and our analysis masks highly variable bycatch
the most economically valuable fish) is currently a concern rates within subsets of the fishery. Bycatch patterns also
in the recently implemented crab rationalization program, change over time. Since 2002, herring and salmon bycatch
where barnacle-encrusted crabs are rejected because they have increased substantially. Starting in August 2006,
are less valuable than crabs with clean shells.51 salmon bycatch in the pollock fishery will be managed
primarily through voluntary “hot spot” closures, whereas
The council and NMFS have supported numerous previously, salmon bycatch was managed through Salmon
research initiatives to find ways to reduce bycatch. These Savings Areas, which closed important salmon habitat to
have included halibut and salmon excluder devices in all trawling when a salmon bycatch limit was reached. If
trawl gear, trawl gear modifications to avoid crab bycatch rates of salmon bycatch continue to rise, reliance on the
and incidental mortality, and gear configuration and voluntary method must be reevaluated.
deployment modification to avoid gear interactions with
seabirds, research on non-target species to determine In managing the BSAI and GOA groundfish fisheries, the
bycatch effect, and ecosystem impacts of bycatch. council has taken robust steps over time to address bycatch
reduction as well as standardized reporting, with the
expansive observer program as its centerpiece. This would

IN FOCUS: BYCATCH 17
be more difficult to implement if not for the high economic Alaskan crab fisheries, including Bristol Bay red king crab,
value of the fisheries, since observer costs are typically Bering Sea snow crab, and Aleutian Islands golden king crab.53
passed on in part to fishermen. Still, the sheer magnitude
of bycatch is alarming, and certain types of bycatch – such In both the scallop and crab fisheries, the biological
as those of habitat-forming species like corals – have been management authority rests with the state and is thus
largely ignored by the council and by NMFS. Nevertheless, not a direct responsibility of the council. Fortunately,
many of the approaches developed in these fisheries can through both federal and state initiatives, data collection is
and should be applied by other councils to other fisheries occurring at a fairly high level via observer programs and
where bycatch problems are in many cases more severe reporting requirements.
than in the North Pacific.
Pacific Fishery Management Council
Weathervane Scallop Fishery and BSAI King
and Tanner Crab Fishery The Pacific Council has consistently failed to take
meaningful steps to address bycatch reduction, minimize
The weathervane scallop and BSAI king and Tanner crab bycatch mortality, and develop reporting methodologies.
fisheries are co-managed by the council and the state of NMFS did not develop a West Coast groundfish observer
Alaska. The scallop fishery is very small relative to the rest program until 2001 and since then observer coverage has
of our list with total landings of only 3.9 million pounds hovered between 10-20 percent. Meanwhile the council has
in 2002, but the waste index is quite high at 0.56. Scallop presided over painful shutdowns of once flourishing fisheries.
catch has fluctuated wildly in recent decades, with catch
reaching only 1.7 million pounds in 1992. Like its Atlantic Pacific Coast Groundfish
counterpart, the fishery uses scallop dredges to scrape the
seafloor, consequently capturing not only scallops but The council manages the Pacific Coast groundfish fishery
also sea stars, skates, flatfish, crabs, and other bottom- along the coasts of Washington, Oregon, and California.
dwelling organisms. The fishery is divided into two major components: the
multispecies groundfish fishery and the Pacific whiting
Nearly all management is delegated to the state of Alaska. fishery. It ranks as the sixth dirtiest fishery in terms of
The management plan allows for state regulations to the waste index at 0.88 and total discards exceeded 50.7
prohibit vessels from retaining certain species, including million pounds in 2002. When the whiting fishery is
salmon, halibut, king crab, Tanner crab, and herring. removed from the data, the waste index rises to 0.93.
These species must be avoided while fishing and must be
immediately returned to the sea with a minimum of injury. The whiting fishery is composed of large mid-water
Currently, the state requires 100 percent observer coverage trawlers and catcher/processor vessels and has an
on scallop vessels and has established a standardized extremely low waste index (0.004). This high volume
bycatch reporting methodology. fishery had a catch level of more than 593 million pounds
in 2005. The whiting fishery is similar to the pollock fishery
The BSAI king and Tanner crab fisheries use pot gear. in the North Pacific in that the fishery is naturally a fairly
Though catch levels fluctuate substantially over time, this is “clean” one due to schooling behavior of the fish, their
a major, high-value fishery with a high waste index of 1.03. location in the middle of the water column, and the high
Most of bycatch in the crab fishery is composed of females volume of target fish caught. However, even the modest
of the target species, which may not be retained and are bycatch rate of overfished species like widow rockfish,
generally released alive and in good condition. darkblotched rockfish, and canary rockfish takes up a
significant portion of the specified catch level amounts
Similar to the scallop fishery, the majority of management established for those species. The fishery also catches
responsibility rests with the state of Alaska. Currently, Chinook salmon, a prohibited species. In 2005, the fishery
observers monitor catch and bycatch in three of the major caught 11,961 Chinook salmon.

18 IN FOCUS: BYCATCH
The remainder of this discussion focuses on the reduction has yet been demonstrated in the program design
multispecies groundfish fishery. The fishery targets a large elements of the plan that have been drafted and analyzed.
assortment of 89 species, including lingcod, sablefish, spiny
dogfish, Pacific cod, numerous rockfish and flatfish species. The council’s failure to adequately account for bycatch
Primary gear types include bottom trawl and longline, in the 1980s and 1990s in the groundfish fishery played a
as well as limited amounts of handlines and pot fishing. large role in the decline of many species and consequently
Major groups of discarded species include sharks, skates, the draconian curtailment of fishing in 2002. Its lack
halibut, whiting, and groundfish, with the vast majority of aggressive action to resolve the issues through strong
of the bycatch occurring in the commercial bottom trawl leadership will continue to plague fish populations
fishery. Discards occur for both regulatory and economic and coastal communities for the next several years as
reasons. The bottom trawl fishery discarded 52 million overfished populations slowly rebuild and commercial and
pounds of fish in 2003.54 The primary reason for this recreational opportunities continue to be limited.
waste is that bottom trawl gear is unselective and catches Finally, since August 2001, observers have collected at-
everything in its path whether it is a targeted species or not. sea data as part of the West Coast Groundfish Observer
Program. The target coverage rate for 2006 is 10-20 percent.
Until 2001, the Pacific Council did not formally monitor
bycatch in groundfish fishery. Instead, the council
relied on estimates from one study to estimate bycatch Pacific Coast Highly Migratory Species
and continued to do so despite the declining numbers
of multiple species caught as bycatch. Observer data Although an analysis of the Pacific Coast Highly
collected after 2000 revealed that the council had been Migratory Species was not included in the Oceana
vastly underestimating bycatch. This failure to adequately report and thus did not make our list of the dirtiest
account for bycatch, combined with over-optimistic annual fisheries in the country, recent bycatch trends and
quotas and a failure to control catch resulted in the decline management actions in this fishery deserve attention.
of several species of rockfish below sustainable levels.
In 2000, the Secretary of Commerce formally declared The Pacific Council manages thirteen highly migratory
the fishery a disaster when nine species were listed as species, including swordfish and common thresher
overfished. Since 2001, the council has primarily relied shark. The council authorizes a coast wide drift gillnet
on closures of certain areas at certain times of the year to fishery for these two species. These mile-long nets are
reduce catch of overfished rockfish species. The council deployed and left in the water overnight, catching most
has adopted limited gear restrictions as well, but has not everything that swims into them. Since 2001, NMFS
released data showing whether or not those restrictions has closed the northern portion of the fishery to protect
have led to reductions in bycatch. endangered leatherback sea turtles. A review of the catch
composition based on observer data for the southern
Although the council developed a bycatch minimization portion of the fishery for the years 1997-2005 reveals a
plan in 1997, a federal judge found that it was grossly waste index of 1.76.55 In addition to finfish bycatch, the
inadequate in 2000 and returned it to the council for drift gillnets also entangle the bodies, flippers, and fins of
revision. It took five years for the council to develop a variety of marine mammals and sea turtles, particularly
a new plan that is also inadequate. It does not specify endangered leatherback turtles. Most animals observed
new measures for reducing bycatch or a timeline for in the nets are not alive when the nets are hauled in
implementing measures. Furthermore, it does not include hours later.56 Despite these high bycatch rates, in March
steps to develop a bycatch reporting plan. The council 2006 the council approved a permit to reopen the closed
is instead relying on the development of an individual area, which will result in increased bycatch of finfish,
fishing quota program, which is currently expected to marine mammals, and sea turtles. The council also
begin in 2009 or 2010, to reduce bycatch in the fishery preliminarily approved a permit to allow longline fishing
through market mechanisms. No quantification of bycatch for bigeye tuna and swordfish off California, a fishery that
has been closed due to its bycatch of endangered sea turtles.

IN FOCUS: BYCATCH 19
This is a very important step toward establishing a credible interaction among protected species of sea turtles, marine
information base that can serve as the foundation for mammals, and seabirds with the fishery is minimal.
better management. It will have to be coupled with firm
commitments to bycatch reduction (such as more selective Bycatch of sea turtles, seabirds, and sharks are a major
gear types) and to scientifically-driven management where problem in the surface longline fisheries, which target
the recommendations of the advisory Scientific and tunas, swordfish, mahi mahi, and other high-value species.
Statistical Committee are no longer ignored in favor of the The proximity of the seabirds’ nesting grounds to some of
vested interests represented on the council. the longline fishing grounds contributes to their incidental
capture in the fishery. Seabirds follow longline vessels
and dive on baited hooks being deployed or retrieved.
Western Pacific Fishery Bird bycatch mitigation measures in the surface longline
Management Council fisheries include streamer lines, dying bait blue, underwater
hook-setting chutes, and side setting (deploying longline
The two major fisheries managed by the Western Pacific gear from the side instead of the stern). In an effort to
Council are the bottomfish and seamount groundfish decrease bycatch mortality, pelagic longline fishermen are
fishery and the pelagics fishery, which primarily utilize required to carry specific seabird dehooking and handling
hand-line and longline gear, respectively. Neither fishery tools, attend seabird education classes, and follow required
makes our list of the dirtiest fisheries as total discards are handling and reporting procedures.
fairly low relative to other regions, and the waste index is
estimated at approximately 0.2.57 The pelagics fishery is by Finding methods to reduce sea turtle bycatch has proven
far the larger fishery with more than 110 million pounds in difficult for the council. Longliners bait thousands of hooks
total landings, while the bottomfish fishery only caught less that can extend for over fifty miles. Sea turtles often get
than 662,000 pounds in 2002. caught in the lines or bite the baited hooks and are pulled
on board. The effects of longliners targeting high-valued
Fisheries management regulations are highly variable species, such as swordfish, have biologists worried that the
by area, ranging from stringent regulations in Hawaii to leatherback turtle may be ten years away from extinction.
minimal in the Northern Marina Islands. The majority An article published in the scientific journal Nature in June
of management measures are aimed at minimizing 2000 warned about imminent leatherback turtle extinction
fishery interactions with, and the mortality of, protected and cited longline fishing around Hawaii as a leading cause.
sea turtles, seabirds, and marine mammals, as well
as preserving the traditional island fisheries from the After nearly four years of closure due to litigation over sea
encroachment of large longline vessels.58 The council turtle interactions, the swordfish fishery reopened in April
submitted bycatch amendments to NMFS in 1998, but 2004 after the inclusion of new circle hook technology and
many of them were rejected due to their inadequacy. It a strict set of protected species management regulations,
was not until 2002 that NMFS approved the council’s new including an allowable interaction (or capture) limit of 17
bycatch amendments. loggerhead turtles and 16 leatherback turtles. Loggerhead
turtles are listed as threatened and leatherback turtles are
Bottomfish fisheries occur throughout the western Pacific listed as endangered under the Endangered Species Act.
region. The largest is in the Northwest Hawaiian Islands The fishery operated in 2005 without reaching the bycatch
(NWHI). Target species include a variety of snapper, cap. But in the first quarter of 2006, fishermen have
trevally, and grouper species. Bycatch consists mostly already captured 15 loggerheads and 1 leatherback turtle.
of three carangid fish (narrow-bodied tropical fish) and
sharks, all of which are discarded for economic reasons. The council has taken some steps to reduce sea turtle
The carangid species that make up most of the bycatch bycatch in fisheries where there is interaction, although
are usually released alive. Efforts to reduce bycatch in the they are far from solving the problem. Several techniques
bottomfish fishery include prohibition of the use of bottom have been applied, including the use of circle hooks in
trawls, bottom gillnets, explosives, and poisons. The combination with bait that is less attractive to turtles,

20 IN FOCUS: BYCATCH
removal of longline gear from the upper 40 meters of the coverage in the American Samoa longline fishery.64 Bycatch
water column by employing deep sets rather than shallow in other pelagic fisheries are monitored through local catch
ones, observer coverage on 100 percent of shallow sets reports and creel surveys.
(swordfish) and 20 percent deep sets (tuna), and mandatory
gear restrictions and configurations for deep-set fisheries.59 The lack of adequate bycatch data collection and reporting
There is also a growing interest in expanding the at-sea data in some segments of the Western Pacific is a major
collection programs, which would give managers more ongoing issue. The current Stock Assessment and Fishery
information about the bycatch problem throughout the region.60 Evaluation (SAFE)65 reports produced by the council
contain limited bycatch data. Currently, they include
The return of swordfishing in the previously closed limited information from Guam and American Samoa troll
fishery will most likely not only increase sea turtle bycatch fisheries and the American Samoa longline fishery. The
but also the amount of blue shark bycatch. In the past pelagic annual report will reportedly be revised to include
sharks compromised about 50 percent of the catch in bycatch information from the Hawaii longline fishery and
the swordfish fishery.61 The council claims to be investing Hawaiian recreational fishing.66
in ways to reduce bycatch, and it encourages the use of
dehooking devices to release sharks, but the council needs Caribbean Fishery Management Council
to take more significant steps to reduce shark bycatch. The
blue shark stock was assessed in 2004; however, the council Both the Oceana and NMFS reports find that there are
claims that it needs to wait until stock assessments are no fisheries in the Caribbean with notable amounts of
complete on other commonly encountered bycatch before bycatch.67 This is largely a function of the nature of the
it can decide what to do about shark bycatch.62 Caribbean fisheries, where the vast majority of fish caught
are either sold or kept for personal use, with the exception
Sharks and other finfish are discarded for both economic of a small number of species, which are discarded for
and regulatory reasons. In the past, many sharks were economic reasons. Also, there are few regulations in the
captured only for their fins with the rest of the carcass Caribbean that necessitate regulatory discards, aside from
discarded at sea. The fins sell for a high price in Asia where the outright prohibition on retaining Nassau and goliath
they are used in shark fin soup, a dish considered an Asian groupers, sub-adult yellowtail snappers, spiny lobster, and
delicacy. Shark finning reached its peak in 1999, when species caught in areas that are closed during certain times
about 65 percent of all captured sharks were finned. The of the year. Moreover, the regulatory requirements forcing
majority came from blue sharks, representing 95 percent fishermen to discard these species are difficult to enforce
of all finned sharks.63 Despite pressure from environmental because regulations are generally less restrictive in waters
activists and NMFS, the council refused to address this surrounding U.S. territories, and funding for enforcement
issue. Many believe that the council’s stonewalling was due is scarce. So it is fair to assume that even fish that should
to the fact that a key council member allowed his longline be discarded due to regulatory restrictions are often kept
vessels to engage in this practice. It took the passage and consumed.
of a federal law in 2000 to prohibit shark finning. The
prohibition greatly reduced the retention rate of sharks, While it may be tempting to say that bycatch is not a major
but they continue to be caught and released as bycatch. cause of fishing mortality in the Caribbean, the lack of
accurate and sufficient data compromises the validity of
Bycatch and protected species interactions are assessed and this assertion. A study conducted in 1993 using survey data
reported in the Hawaii-based longline fishery through a collected off the west coast of Puerto Rico estimated that
logbook program and a recently expanded vessel observer about 14 percent by number and 17 percent by weight of
program. Bycatch in American Samoa is measured the fish caught in the commercial hook and line fishery
through “creel surveys” that quantify the fish landings at are species with low market value, including squirrel fishes,
public piers and docks, federal logbook programs, and butterfly fishes, doctor fishes, puffers, filefish, and scorpion
vessel observer coverage. There is 20 percent observer fish, and therefore may be discarded for economic reasons.
coverage in the Hawaiian longline fishery and 7 percent

IN FOCUS: BYCATCH 21
The council sent its proposed amendments implementing approved this modification, stating that by requiring
the 1996 MSA amendments, including its bycatch only one escape panel compliance would increase, since
provisions, to the Secretary of Commerce for approval fishermen tended to disable both escape panels on their
on May 3, 2005. This is nearly seven years late, since the traps to guard against losing their catch when retrieving
original deadline for compliance was October 1998. In their traps. This is a clear case of lowering the bar in an
response to the proposed rule, the Network commented effort to improve the “success” rate.
that the rule “fails to establish a standardized bycatch
reporting methodology. The proposed actions depend, Prior to the passage of the amendments, the data collection
in part, on MRFSS data, which is widely known to be system in the U.S. Caribbean did not account for bycatch
flawed and inconclusive. Other alternatives could include in any way. While the current trip ticket system, based on
observers, dockside interviews, or at-sea intercepts. One monthly catch reports that fishermen must complete to
of the preferred alternatives only states that the council renew their fishing licenses, does not account for bycatch,
will consult with Puerto Rico and the U.S. Virgin Islands there is hope. Both the Department of Natural Resources
to modify trip tickets into a standardized reporting in Puerto Rico and the Division of Fish and Wildlife in the
mechanism. NMFS should require the council to modify U.S. Virgin Islands have agreed to collect bycatch data by
and update the trip ticket system to provide credible data.”68 adding additional bycatch specific data field to the reports
fishermen fill out to renew their fishing licenses. While
Without correcting these shortcomings, the Secretary this was an item of discussion at the April 2006 council
approved the council’s amendments. On October 28, meeting, implementation is not expected for at least a year.
2005, NOAA published its final rule for the “Fisheries NMFS currently contributes only $78,900 and $73,000 to
of the Caribbean, Gulf of Mexico, and South Atlantic; commercial fisheries data gathering in Puerto Rico and
Comprehensive Amendment to the Fishery Management the U.S. Virgin Islands, respectively. The data collection is
Plans of the U.S. Caribbean” which officially implemented particularly ineffective from a management perspective in
the amendments on November 28, 2005.69 that most of the data comes from the MRFSS database,
port sampling, and reports that fishermen are required to
NMFS and the council acknowledged that there are data fill out to renew their licenses. There are very few, if any,
collection limitations in the Caribbean, but they disagree data available to accurately estimate the sizes of the stocks,
that the Marine Recreational Fisheries Statistics Survey let alone bycatch rates. Not surprisingly, anecdotal evidence
(MRFSS) data is flawed, despite the fact that the National suggests that these reports are filled out at the last minute
Research Council found that MRFSS data is flawed and in rather than as part of an ongoing process, therefore the
need of a major overhaul.70 data are suspect.

The council maintains that a bycatch reporting plan has Atlantic HMS Pelagic Longline Fishery
been established through the amendments, even though
they admit that “the final rule does not directly impose any As noted earlier in the report, the Atlantic highly migratory
new reporting or recordkeeping requirements.”71 species (HMS) pelagic longline fishery is managed directly
by NMFS. This section provides a brief review of NMFS’
Like many of its counterparts, the council is relying efforts to meet MSA bycatch requirements in the fishery.
on the assumption that bycatch and bycatch mortality
reduction benefits will accrue through other actions in The pelagic longline fishery targets primarily tunas and
the amendments that are designed to prevent overfishing, swordfish. While this is not one of the largest fisheries in
rebuild stocks, and protect habitat. total poundage, the waste index is high at 0.67. Bycatch is
generally composed of undersized target species, marine
The only gear modification considered in the council’s mammals, seabirds, sea turtles and non-target finfish.
amendment process was to amend existing regulations on
trap construction to require one escape panel instead of NMFS developed the Atlantic HMS bycatch reduction
maintaining the existing two-panel requirement. NMFS program in 1999. The plan “includes an evaluation of

22 IN FOCUS: BYCATCH
current data collection programs, implementation of NMFS continues to place observers aboard shark bottom
bycatch reduction measures, such as gear modifications longline fishing vessels, while also expanding observer
and closures of certain areas at certain times of the year, coverage in the directed shark gillnet fisheries.76
and continued support of data collection and research
relating to bycatch.”72 Bycatch reduction regulations
include closures of certain areas at certain times, observer Where Do We Go From Here?
coverage, requirements for vessel monitoring systems
(VMS) for pelagic longline vessels, reporting requirements, Bycatch is a massive problem in our nation’s fisheries. In
dead discard accounting, and bycatch limits already in 1996, Congress recognized the ecological and economic
place for U.S. fishermen. importance of the issue and called on NMFS and the
regional councils to act. Ten years later, most of the
NMFS has also begun a new research program to councils are still floundering, having failed to make
evaluate methodologies to reduce sea turtle bycatch and substantive progress toward meeting the mandates of the
bycatch mortality in the fishery using commercial vessels MSA in the nation’s dirtiest fisheries. Here is a summary of
as research platforms in the Atlantic Ocean and Gulf of the major findings of this report.
Mexico. The experiment is testing fishing protocols using a
variety of bait and hook types. 73 Only one council out of eight has established a
bycatch reporting plan for its fisheries that meets
All U.S. permitted vessels, or those with pelagic longline the requirements of the MSA. Standardized reporting
gear onboard are required to be permitted for Atlantic is a cornerstone of information-driven, science-based
HMS, and must possess and maintain line cutters and management. Development of the most effective solutions
dipnets meeting newly revised design and performance to the problem requires reliable information. It is no
standards. They must also carry additional equipment, surprise that the North Pacific Council has applied some
in compliance with safe release protocols, to remove of the most effective management measures to combat
fishing gear from incidentally captured sea turtles. NMFS bycatch: the council has the information to back it up.
produced a training video on release and disentanglement Just as importantly, transparent reporting shines a light
techniques. NMFS also conducted eight workshops on a council’s action or inaction for stakeholders and the
throughout the Atlantic and Gulf of Mexico for bottom public to see. Without reporting, there is little incentive for
longline fishermen to demonstrate the proper release and councils to address the bycatch problem in a proactive way.
handling protocols for sea turtles and sawfish.74
Bycatch data collection is grossly inadequate
Effective January 1, 2005, NMFS implemented an annual in most fisheries. A standardized bycatch reporting
area closure in the mid-Atlantic Bight for directed shark methodology does not help if there are no data to report.
fishermen using bottom longline gear.75 This closure is Currently, only 42 of roughly 300 federally-managed
designed to reduce bycatch and bycatch mortality of fisheries have observer coverage of any kind. NMFS and
juvenile sandbar and prohibited dusky sharks. In an effort the councils share responsibility for the failure to secure
to better monitor marine mammal interactions, directed adequate observer coverage in most of the nation’s dirtiest
shark vessels with gillnet gear onboard, regardless of fisheries. In many cases, observer coverage is less than
location, are required to have satellite vessel tracking one percent and is reliant on voluntary coverage, with few
devices installed and operating during right whale calving fisheries meeting the 20 percent standard recommended
season (November 15–March 31). by scientists. NMFS’ own analysis shows the current,
deplorable state of observer coverage in the nation’s
NMFS continues to place observers on pelagic longline fisheries and estimates the level of effort and expenditure
fishing vessels with a target of 8 percent observer coverage required to correct it.77 Addressing this shortcoming should
for this fishery. Observer coverage for 2004 was 7.8 percent be priority number one for every council and NMFS.
by set for the entire fishery, with the exception of the
experimental fishery, which enjoyed 100 percent coverage.

IN FOCUS: BYCATCH 23
Most councils fail to adequately incorporate
quantitative bycatch estimates into management
plans. This failure is a major cause of overfishing for
several priority species. For fish stocks that are caught in
large numbers as bycatch, this amounts to a form of off-
the-books accounting where major losses are not reported
as part of the bottom line. This in turn leads to rosier
estimates of stock status and subsequent higher catch
quotas, until the fishery collapses and draconian measures
are the only ones left in the toolbox. In fisheries where
quantitative bycatch data are not yet being collected at a
sufficient rate to permit estimates that are both accurate
and precise, managers should apply a precautionary
approach by assuming high rates of bycatch and adjusting
targeted catch levels accordingly.

It is possible to reduce bycatch significantly. So

why are so few councils doing it? Most of the councils rely
on measures to address overfishing and habitat damage
– such as gear restrictions and closures of certain areas at
certain times – to reduce bycatch indirectly. While these
actions may well be beneficial, bycatch must be addressed
head-on through directed management measures.
These include modifications to existing fishing gear and
development of new technologies. Managers should also
create direct incentives to reduce bycatch through other
measures, such as species-specific quotas on the amount
of allowable bycatch, with triggers for the immediate
closure of fishing seasons in affected areas. The North
Pacific Council has shown that it can be done. Not all
management measures will work in all contexts, but ten
years after the passage of the MSA amendments, real
action is long overdue.

24 IN FOCUS: BYCATCH
Endnotes
1
Harrington, J.M., R.A. Myers, A.A. Rosenberg. 2005. 13
Epperly, S.P. and W.G. Teas. 1999. Evaluation of TED
Wasted Resources: Bycatch and discards in U.S. Fisheries. opening dimensions relative to size of turtles stranding
MRAG Americas, Inc. for Oceana. in the Western North Atlantic. U.S. Dep. Commerce,
National Marine Fisheries Service SEFSC Contribution
2
Marine Fish Conservation Network. 2001. Caught in the PRD-98/99-08, 31 p.
Act: The Devastating Effect of Fisheries Mismanagement
After Five Years of the Sustainable Fisheries Act. 14
South Carolina Department of Natural Resources.
Washington D.C. Marine Turtle Conservation Program. Turtle Excluder
Device Chronology: http://www.dnr.sc.gov/seaturtle/
3
16 USC § 1802(2) teds.htm.

4
16 USC § 1851(9) 15
National Marine Fisheries Service.1998. Report to
Congress: Southeastern United States shrimp trawl
5
16 USC § 1853(11) bycatch program (October, 1998).

6
Babcock, E.A. and E.K. Pikitch. 2003. How Much 16
National Oceanic and Atmospheric Administration.
Observer Coverage is Enough to Adequately Estimate 2004. Status of bycatch reduction device (BRD)
Bycatch. Pew Institute for Ocean Science. Rosenstiel School performance and research in north-central and western
of Marine and Atmospheric Science. University of Miami. Gulf of Mexico. Pascagoula, MS (April, 2004).

7
North Pacific Fishery Management Council. 2004. 17
70 FR 32266. Final Rule – Fisheries of the Caribbean,
Discussion Paper - Expansion of a Fishery Management Gulf of Mexico, and South Atlantic; Reef Fish Fishery
Plan Amendment to Establish a New Program for of the Gulf of Mexico; Red Snapper Rebuilding Plan
Observer Procurement and Deployment in the North
Pacific. March 24, 2004. Anchorage, Alaska. 18
Stock Assessment Report of SEDAR 7, Gulf of Mexico
Red Snapper, 2005
8
70 FR 32266. Final Rule - Fisheries of the Caribbean,
Gulf of Mexico, and South Atlantic; Reef Fish Fishery of 19
Gulf Restoration Network. 2005. Every Fish Counts:
the Gulf of Mexico; Red Snapper Rebuilding Plan. How the Gulf Council and The National Marine
Fisheries Service Ignore Bycatch to Allow Overfishing.
9
Harrington, J.M., R.A. Myers, A.A. Rosenberg. 2005. July 2005.
Wasted Resources: Bycatch and discards in U.S. Fisheries.
MRAG Americas, Inc. for Oceana. 20
U.S. Department of the Interior, Fish & Wildlife Service
and U.S. Department of Commerce, U.S. Census
10
Ibid. Bureau. 2001 National Survey of Fishing, Hunting, and
Wildlife-Associated Recreation
11
The Southeast Region includes areas managed by the
Gulf, South Atlantic and Caribbean Councils. 21
Committee on the Review of Recreational Fisheries
Survey Methods, National Research Council . Review
12
National Marine Fisheries Service, 2003. Evaluating of Recreational Fisheries Survey Methods. National
bycatch: a national approach to standardized bycatch Academies Press. 2006.
monitoring programs. NOAA, NMFS, Silver Spring,
MD. 88 p. 22
National Marine Fisheries Service, 2003. Evaluating
bycatch: a national approach to standardized bycatch
monitoring programs. NOAA, NMFS, Silver Spring,
MD. 88 p.

IN FOCUS: BYCATCH 25
23
Reef Fish Amendment 18a, approved by the Council in 34
The ‘parlor’ refers to the ‘holding’ portion of a fish trap
October 2005. from which fishermen retrieve their catch.

24
Prince ED, Ortiz M, Venizelos A. 2002. A comparison 35
National Oceanic and Atmospheric Administration.
of circle hook and “J” hook performance in recreational 2005. Commercial Black Sea Bass Fishery; Summary
catch-and-release fisheries for billfish. American Fisheries of Regulations. http://www.nero.noaa.gov/nero/regs/
Society Symposium 30:66-79. infodocs/info13.pdf

25
Epperly, S.P. and W.G. Teas. 1999. Evaluation of TED 36
Harrington, J.M., R.A. Myers, A.A. Rosenberg. 2005.
opening dimensions relative to size of turtles stranding Wasted Resources: Bycatch and discards in U.S.
in the Western North Atlantic. U.S. Dep. Commerce, Fisheries. MRAG Americas, Inc. for Oceana.
National Marine Fisheries Service SEFSC Contribution
PRD-98/99-08, 31 p. 37
Ibid

26
National Marine Fisheries Service, 2003. Evaluating 38
National Marine Fisheries Service, 2003. Evaluating
bycatch: a national approach to standardized bycatch bycatch: a national approach to standardized bycatch
monitoring programs. NOAA, NMFS, Silver Spring, monitoring programs. NOAA, NMFS, Silver Spring,
MD. 88 p. MD. 88 p.

27
Harrington, J.M., R.A. Myers, A.A. Rosenberg. 2005. 39
Conservation Law Foundation. v. Evans, 209 F. Supp. 2d
Wasted Resources: Bycatch and discards in U.S. 1, fn 30 (D.D.C. 2001).
Fisheries. MRAG Americas, Inc. for Oceana.
40
National Marine Fisheries Service, 2003. Evaluating
28
National Marine Fisheries Service. 2003b . Southeast bycatch: a national approach to standardized bycatch
region current bycatch priorities and implementation monitoring programs. NOAA, NMFS, Silver Spring,
plan FY04 and FY05. MD. 88 p.

29
National Marine Fisheries Service, 2003. Evaluating 41
Petruny-Parker, M.E., K.M. Castro, M.L. Schwartz,
bycatch: a national approach to standardized bycatch L.G. Skrobe, and B. Somers (eds.). 2003. Proceedings of
monitoring programs. NOAA, NMFS, Silver Spring, the New England Bycatch Workshop. Rhode Island Sea
MD. 88 p. Grant, Narragansett, R.I.

30
Harrington, J.M., R.A. Myers, A.A. Rosenberg. 2005. 42
Conservation Law Found. v. Evans, 209 F. Supp. 2d 1
Wasted Resources: Bycatch and discards in U.S. (D.D.C. 2001).
Fisheries. MRAG Americas, Inc. for Oceana.
43
Babcock, E.A. and E.K. Pikitch. 2003. How Much
31
MAFMC Press Release. March 22, 2006. Observer Coverage is Enough to Adequately Estimate
Bycatch. Pew Institute for Ocean Science. Rosenstiel
32
MAFMC Press Release. March 22, 2006 & Amendment School of Marine and Atmospheric Science. University
9 (DRAFT) to the Atlantic Mackerel, Squid, and of Miami.
Butterfish FMP. February 27, 2006, p. iii
44
Northeast Region Current Bycatch Priorities and
33
Harrington, J.M., R.A. Myers, A.A. Rosenberg. 2005. Implementation Plan. NOAA Fisheries Office of
Wasted Resources: Bycatch and discards in U.S. Sustainable Fisheries. Highly Migratory Species.
Fisheries. MRAG Americas, Inc. for Oceana.

26 IN FOCUS: BYCATCH
45
Assessment of 19 Northeast groundfish stocks through 57
Harrington, J.M., R.A. Myers, A.A. Rosenberg. 2005.
2004. 2005 Groundfish Assessment Review Meeting Wasted Resources: Bycatch and discards in U.S.
(2005 GARM), Northeast Fisheries Science Center Fisheries. MRAG Americas, Inc. for Oceana.
Reference Document 05-13. Northeast Fisheries Science
Center, Woods Hole, Massachusetts, 15-19 August 2005 58
Ibid
http://www.nefsc.noaa.gov/nefsc/publications/crd/
crd0513/ 59
National Marine Fisheries Service, 2003. Evaluating
bycatch: a national approach to standardized bycatch
46
Oceana, Inc., et. al., v. Evans, D.D.C. No. 04-811 at 85. monitoring programs. NOAA, NMFS, Silver Spring,
MD. 88 p.
47
Harrington, J.M., R.A. Myers, A.A. Rosenberg. 2005.
Wasted Resources: Bycatch and discards in U.S. 60
National Oceanic and Atmospheric Administration.
Fisheries. MRAG Americas, Inc. for Oceana. 2004b. Pacific Islands Region Bycatch Reduction Plan
FY04-FY05.
48
Framework 2 to the Monkfish FMP. New England
Fishery Management Council June 7, 2003. 61
Ibid

49
National Marine Fisheries Service, 2003. Evaluating 62
Ibid
bycatch: a national approach to standardized bycatch
monitoring programs. NOAA, NMFS, Silver Spring, 63
Ibid
MD. 88 p.
64
National Marine Fisheries Service, 2003. Evaluating
50
Fisheries Information Services. 2003. “Discards in the bycatch: a national approach to standardized bycatch
North Pacific Groundfish Fisheries 2003” Prepared for monitoring programs. NOAA, NMFS, Silver Spring,
the Alaska Marine Conservation Council. MD. 88 p.

51
“Development of Rationalization Programs in the North 65
The SAFE reports are a document or set of documents
Pacific Groundfish and Crab Fisheries.” Mark Fina. that provides Councils with a summary of the most
North Pacific Fishery Management Council. recent biological condition of species in the fishery
management unit, and the social and economic
52
Alaska Marine Conservation Council. 2004. Bycatch: condition of the recreational and commercial
Wasting Alaska’s Future. Second Edition. September fishing interests and the fish processing industries. It
2004. summarizes, on a periodic basis, the best available
scientific information concerning the past, present, and
53
Harrington, J.M., R.A. Myers, A.A. Rosenberg. 2005. possible future condition of the stocks and fisheries being
Wasted Resources: Bycatch and discards in U.S. managed under federal regulation.
Fisheries. MRAG Americas, Inc. for Oceana.
66
National Oceanic and Atmospheric Administration.
54
Ibid 2004b. Pacific Islands Region Bycatch Reduction Plan
FY04-FY05.
55
Pacific Fishery Management Council, 2006.
Management of the drift gillnet fishery: exempted 67
National Marine Fisheries Service, 2003. Evaluating
fishing permit and/or regulatory amendment. Pacific bycatch: a national approach to standardized bycatch
Fishery Management Council, Portland, OR.176 pp. monitoring programs. NOAA, NMFS, Silver Spring,
MD. 88 p.
56
Ibid

IN FOCUS: BYCATCH 27
68
Fisheries of the Caribbean, Gulf of Mexico, and South Photo Credits
Atlantic; Comprehensive Amendment to the fishery
Management Plans of the U.S. Caribbean” The Final Page 1: Mobula ray caught as bycatch.
Rule available at: http://www.caribbeanfmc.com/pdfs/ Photo Courtesy of: Dr. Terry Maas
Carib_SFA_finalrule1 percent percent2010-28-05.pdf
Page 2: Loggerhead turtle caught as bycatch.
69
Ibid. Photo Courtesy of: NOAA/Department of Commerce

70
Committee on the Review of Recreational Fisheries Page 3: Scallop fishery bycatch.
Survey Methods, National Research Council . Review Photo Courtesy of: New England Aquarium
of Recreational Fisheries Survey Methods. National
Academies Press. 2006.

71
70 FR 62073. Final Rule - Fisheries of the Caribbean,
Gulf of Mexico, and South Atlantic; Comprehensive
Amendment to the Fishery Management Plans of the
U.S. Caribbean

72
Highly Migratory Species Current Bycatch Priorities
and Implementation Plan. NOAA Fisheries Office of
Sustainable Fisheries. Highly Migratory Species.

73
2005 U.S. Fisheries Bycatch Reduction Standards and
Measures Relevant to Section 202(h) of the Magnuson-
Stevens Fishery Conservation and Management Act.
National Marine Fisheries Service. pp. 3-4.

74
Ibid

75
68 FR 74746

76
2005 U.S. Fisheries Bycatch Reduction Standards and
Measures Relevant to Section 202(h) of the Magnuson-
Stevens Fishery Conservation and Management Act. National
Marine Fisheries Service. pp. 3-4.

77
National Marine Fisheries Service, 2003. Evaluating
bycatch: a national approach to standardized bycatch
monitoring programs. NOAA, NMFS, Silver Spring,
MD. 88 p.

28 IN FOCUS: BYCATCH
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