Bycatch provisions in the reauthorized Magnuson-Stevens Act

Bycatch can harm marine ecosystems, reduce biodiversity, lead to injury or mortality of protected species, and have severe economic implications for fisheries. On 12 January 2007, President George W. Bush signed the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA). The MSRA required the U.S. Secretary of Commerce (Secretary) to establish a Bycatch Reduction Engineering Program (BREP) to develop technological devices and other conservation engineering changes designed to minimize bycatch, seabird interactions, bycatch mortality, and post-release mortality in Federally managed fisheries. The MSRA also required the Secretary to identify nations whose vessels are engaged in the bycatch of protected living marine resources (PLMR’s) under specified circumstances and to certify that these nations have 1) adopted regulatory programs for PLMR’s that are comparable to U.S. programs, taking into account different conditions, and 2) established management plans for PLMR’s that assist in the collection of data to support assessments and conservation of these resources. If a nation fails to take sufficient corrective action and does not receive a positive certification, fishing products from that country may be subject to import prohibitions into the United States. The BREP has made significant progress to develop technological devices and other conservation engineering designed to minimize bycatch, including improvements to bycatch reduction devices and turtle excluder devices in Atlantic and Gulf of Mexico trawl fisheries, gillnets in Northeast fisheries, and trawls in Alaska and Pacific Northwest fisheries. In addition, the international provisions of the MSRA have provided an innovative tool through which the United States can address bycatch by foreign nations. However, the inability of the National Marine Fisheries Service to identify nations whose vessels are engaged in the bycatch of PLMR’s to date will require the development of additional approaches to meet this mandate.

Bycatch in marine fisheries

A review of the significant contributions in the peer-reviewed literature indicates that the discarding of marine fish known as bycatch remains one of the most significant problem facing fisheries managers. Bycatch has negative affects on marine biodiversity, is ripe with ethical and moral issues surrounding the waste of life from increased juvenile fish mortality, hinders commercial profitability and recreational satisfaction, increases management costs, and results in socio-cultural problems and conflicts. While appearing to have a simple conservation engineering solution, reducing or eliminating bycatch in marine fishing operations given the presently existing regulated open access management environment is demonstrated to actually be so complex that its effects can appear to be counter-intuitive. An ecosystem simulation model that explicitly incorporates the human and biological dimensions is used to evaluate proposed bycatch reduction regulations for two fishing fleets exploiting three out of seven species of fish, each with ten cohorts, in two resource areas. One of the fishing fleets is divided into two components representing commercial fishermen and recreational anglers. The seven fish species represent predator, prey, and competitor behaviors and one stock is treated as an endangered species. The results displayed in a series of figures demonstrate the potential unintended effects of simplistic management approaches and the need for a holistic and comprehensive approach to bycatch management. That is, an ecosystem model that explicitly incorporates socio-cultural and biophysical attributes into a common framework allows the magnitude and direction of behavioral responses to be predicted based on changes in governance or biophysical constraints to determine if management goals and objectives have been obtained through the use of quantitative metrics.

Reducing sea turtle bycatch in trawl nets: a history of NMFS turtle excluder device (TED) research

Thirty-six years ago, NOAA’s National Marine Fisheries Service began research on how to reduce mortality of sea turtles, Chelonioidea, in shrimp trawls. As a result of efforts of NMFS and many stakeholders, including domestic and foreign fishermen, environmentalists, Sea Grant agents, and government agencies, many trawl fisheries around the world use a version of the turtle excluder device (TED). This article chronicles the contributions of NMFS to this effort, much of which occurred at the NMFS Mississippi Laboratories in Pascagoula. Specifically, it summarizes the impetus for and results of major developments and little known events in the TED research and discusses how these influenced the course of subsequent research.

Estimating overall fish bycatch in U.S. commercial fisheries

Bycatch, or the unintended capture of fish, marine mammals, sea turtles, and seabirds by fishing gear, occurs to some degree in most fisheries. The recently released National Marine Fisheries Service’s (NMFS) U.S. National Bycatch Report provides information on bycatch in U.S. commercial fisheries by fishery and species. The report also provides national statistics in the form of national bycatch ratio and a national bycatch estimate. We describe the methods used to develop these statistics and compare them to similar studies. We conclude that the national bycatch ratio and national bycatch estimates developed by NMFS represent the best available information on bycatch in U.S. fisheries. However, given changes in bycatch management over time, as well as inter-annual variability in bycatch levels and a high percentage of fisheries for which data on bycatch are not currently available, we recommend that NMFS continue to support bycatch data collection and reporting efforts to improve the quality and quantity of bycatch data and estimates available to fisheries managers and scientists over time. This will enable NMFS to meet its requirements for bycatch reporting under the Magnuson-Stevens Act (MSA), as well as requirements for bycatch minimization under the MSA, Marine Mammal Protection Act, and Endangered Species Act.

Evaluating the quality of bycatch data and bycatch estimates among disparate fisheries

In 2006, the National Marine Fisheries Service, NOAA, initiated development of a national bycatch report that would provide bycatch estimates for U.S. commercial fisheries at the fishery and species levels for fishes, marine mammals, sea turtles, and seabirds. As part of this project, the need to quantify the relative quality of available bycatch data and estimation methods was identified. Working collaboratively with fisheries managers and scientists across the nation, a system of evaluation was developed. Herein we describe the development of this system (the “tier system”), its components, and its application. We also discuss the value of the tier system in allowing fisheries managers to identify research needs and efficiently allocate limited resources toward those areas that will result in the greatest improvement to bycatch data and estimation quality.

Estimates of total seabird bycatch by Atlantic pelagic longline fisheries from 2003 to 2006

Results of recent seabird bycatch studies in the International Commission for the Conservation of Atlantic Tunas Convention Area were combined to estimate total seabird bycatch of pelagic longline fishing in the Atlantic Ocean, and bycatch per selected species. Available studies do not apply to the full spatial and temporal extent of the fishing effort, so assumptions were made to account for missing information. Over the 4 years from 2003 to 2006 the total seabird bycatch estimate was 48,500. Results indicate that about 57% of the pelagic longline seabird bycatch was albatrosses (Diomedea, Phoebastria, Thalassarche, Phoebetria spp.). This mortality is at a level to cause concern for the smaller and more vulnerable albatross populations in the region. Variation in annual seabird bycatch was caused by variation in total fishing effort, and movement of effort away from areas of higher seabird bycatch rates.

Maori octopus (Octopus maorum) bycatch and southern rock lobster (Jasus edwardsii) mortality in the South Australian lobster fishery

Octopuses are commonly taken as bycatch in many trap fisheries for spiny lobsters (Decapoda: Palinuridae) and can cause significant levels of within-trap lobster mortality. This article describes spatiotemporal patterns for Maori octopus (Octopus maorum) catch rates and rock lobster (Jasus edwardsii) mortality rates and examines factors that are associated with within-trap lobster mortality in the South Australian rock lobster fishery (SARLF). Since 1983, between 38,000 and 119,000 octopuses per annum have been taken in SARLF traps. Catch rates have fluctuated between 2.2 and 6.2 octopus/100 trap-lifts each day. There is no evidence to suggest that catch rates have declined or that this level of bycatch is unsustainable. Over the last five years, approximately 240,000 lobsters per annum have been killed in traps, representing ~4% of the total catch. Field studies show that over 98% of within-trap lobster mortality is attributable to octopus predation. Lobster mortality rates are positively correlated with the catch rates of octopus. The highest octopus catch rates and lobster mortality rates are recorded during summer and in the more productive southern zone of the fishery. In the southern zone, within-trap lobster mortality rates have increased in recent years, apparently in response to the increase in the number of lobsters in traps and the resultant increase in the probability of octopus encountering traps containing one or more lobsters. Lobster mortality rates are also positively correlated with soak-times in the southern zone fishery and with lobster size. Minimizing trap soak-times is one method currently available for reducing lobster mortality rates. More significant reductions in the rates of within-trap lobster mortality may require a change in the design of lobster traps.

Magnitude and distribution of sea turtle bycatch in the sea scallop (Placopecten magellanicus) dredge fishery in two areas of the northwestern Atlantic Ocean, 2001–2002

In May 2001, the National Marine Fisheries Service (NMFS) opened two areas in the northwestern Atlantic Ocean that had been previously closed to the U.S. sea scallop (Placopecten magellanicus) dredge fishery. Upon reopening these areas, termed the “Hudson Canyon Controlled Access Area” and the “Virginia Beach Controlled Access Area,” NMFS observers found that marine turtles were being caught incidentally in scallop dredges. This study uses the generalized linear model and the generalized additive model fitting techniques to identify environmental factors and gear characteristics that influence bycatch rates, and to predict total bycatch in these two areas during May-December 2001 and 2002 by incorporating environmental factors into the models. Significant factors affecting sea turtle bycatch were season, time-of-day, sea surface temperature, and depth zone. In estimating total bycatch, rates were stratified according to a combination of all these factors except time-of-day which was not available in fishing logbooks. Highest bycatch rates occurred during the summer season, in temperatures greater than 19°C, and in water depths from 49 to 57 m. Total estimated bycatch of sea turtles during May–December in 2001 and 2002 in both areas combined was 169 animals (CV=55.3), of which 164 (97%) animals were caught in the Hudson Canyon area. From these findings, it may be possible to predict hot spots for sea turtle bycatch in future years in the controlled access areas.

Estimation of bycatch in shrimp trawl fisheries: a comparison of estimation methods using field data and simulated data

Bycatch, or the incidental catch of nontarget organisms during fi shing operations, is a major issue in U.S. shrimp trawl fisheries. Because bycatch is typically discarded at sea, total bycatch is usually estimated by extrapolating from an observed bycatch sample to the entire fleet with either mean-per-unit or ratio estimators. Using both field observations of commercial shrimp trawlers and computer simulations, I compared five methods for generating bycatch estimates that were used in past studies, a mean-per-unit estimator and four forms of the ratio estimator, respectively: 1) the mean fish catch per unit of effort, where unit effort was a proxy for sample size, 2) the mean of the individual fish to shrimp ratios, 3) the ratio of mean fish catch to mean shrimp catch, 4) the mean of the ratios of fish catch per time fished (a variable measure of effort), and 5) the ratio of mean fish catch per mean time fished. For field data, different methods used to estimate bycatch of Atlantic croaker, spot, and weakfish yielded extremely different results, with no discernible pattern in the estimates by method, geographic region, or species. Simulated fishing fleets were used to compare bycatch estimated by the fi ve methods with “actual” (simulated) bycatch. Simulations were conducted by using both normal and delta lognormal distributions of fish and shrimp and employed a range of values for several parameters, including mean catches of fish and shrimp, variability in the catches of fish and shrimp, variability in fishing effort, number of observations, and correlations between fish and shrimp catches. Results indicated that only the mean per unit estimators provided statistically unbiased estimates, while all other methods overestimated bycatch. The mean of the individual fish to shrimp ratios, the method used in the South Atlantic Bight before the 1990s, gave the most biased estimates. Because of the statistically significant two- and 3-way interactions among parameters, it is unlikely that estimates generated by one method can be converted or corrected to estimates made by another method: therefore bycatch estimates obtained with different methods should not be compared directly.

Bycatch of lined seahorses (Hippocampus erectus) in a Gulf of Mexico shrimp trawl fishery

Bycatch studies have largely ignored population level effects on fish species of little commercial interest. Here we analyze bycatch of the lined seahorse (Hippocampus erectus) in the bait-shrimp trawl fishery in Hernando Beach, Florida, providing the first fisheries data for this species. Based on catch per unit of effort (CPUE), size, sex, and reproductive status of trawled H. erectus, 1) approximately 72,000 seahorses were caught annually by this fleet, from a population of unknown size, 2) trawling affected population cohorts differentially because of temporal and spatial variation in CPUE and population size, and 3) a greater proportion of females than males was removed in trawling. Our findings suggest that trawling may affect seahorse populations through direct mortality, social disruption, and habitat damage. However, the lack of specific abundance or catchability estimates for H. erectus means that the precise impact of trawling on this fish remains uncertain. This paper focuses attention on the need for research and monitoring of small fishes that are caught incidentally in nonselective gear.

Distribution, demography, and discard mortality of crabs caught as bycatch in an experimental pot fishery for toothfish (Dissostichus eleginoides) in the South Atlantic

Between March 2000 and April 2001 two commercial fishing vessels fished for toothfish (Dissostichus eleginoides) off South Georgia using pots. A significant number of lithodid crabs (three species of Paralomis spp.) were caught as bycatch. Paralomis spinosissima occurred in shallow water, generally shallower than 700 m. Paralomis anamerae, not previously reported from this area and therefore representing a considerable southerly extension in the reported geographic range of this species, had an intermediate depth distribution from 400 to 800 m. Paralomis formosa was present in shallow waters but reached much higher catch levels (and, presumably, densities) between 800 and 1400 m. Differences were also noted in depth distribution of the sexes and size of crabs. Depth, soak time, and area were found to significantly influence crab catch rates. Few crabs (3% of P. spinosissima and 7% of P. formosa) were males above the legal size limit and could therefore be retained. All other crabs were discarded. Most crabs (>99% of P. formosa, >97% of P. spinosissima, and >90% of P. anamerae) were lively on arrival on deck and at subsequent discard. Mortality rates estimated from re-immersion experiments indicated that on the vessel where pots were emptied directly onto the factory conveyor belt 78–89% of crabs would survive discarding, whereas on the vessel where crabs were emptied down a vertical chute prior to being sorted, survivorship was 38–58%. Of the three, P. anamerae was the most vulnerable to handling onboard and sub-sequent discarding. Paralomis spinosissima seemed more vulnerable than P. formosa.

Bycatch in the tuna purse-seine fisheries of the western Indian Ocean

Bycatch taken by the tuna purse-seine fishery from the Indian Ocean pelagic ecosystem was estimated from data collected by scientific observers aboard Soviet purse seiners in the western Indian Ocean (WIO) during 1986–92. A total of 494 sets on free-swimming schools, whale-shark-associated schools, whale-associated schools, and log-associated schools were analyzed. More than 40 fish species and other marine animals were recorded. Among them only two species, yellow-fin and skipjack tunas, were target species. Average levels of bycatch were 0.518 metric tons (t) per set, and 27.1 t per 1000 t of target species. The total annual purse-seine catch of yellowfin and skipjack tunas by principal fishing nations in the WIO during 1985–94 was 118,000–277,000 t. Nonrecorded annual bycatch for this period was estimated at 944–2270 t of pelagic oceanic sharks, 720–1877 t of rainbow runners, 705–1836 t of dolphinfishes, 507–1322 t of triggerfishes, 113–294 t of wahoo, 104–251 t of billfishes, 53–112 t of mobulas and mantas, 35–89 t of mackerel scad, 9–24 t of barracudas, and 67–174 t of other fishes. In addition, turtle bycatch and whale mortalities may have occurred. Because the bycatches were not recorded by some purse-seine vessels, it was not possible to assess the full impact of the fisheries on the pelagic ecosystem of the Indian Ocean. The first step to solving this problem is for the Indian Ocean Tuna Commission to establish a pro-gram in which scientific observers are placed on board tuna purse-seine and longline vessels fishing in the WIO.

Efficiency of bycatch reduction devices in small otter trawls used in the Florida shrimp fishery

Two bycatch reduction devices (BRDs)—the extended mesh funnel (EMF) and the Florida fisheye (FFE)—were evaluated in otter trawls with net mouth circumferences of 14 m, 17 m, and 20 m and total net areas of 45 m2. Each test net was towed 20 times in parallel with a control net that had the same dimensions and configuration but no BRD. Both BRDs were tested at night during fall 1996 and winter 1997 in Tampa Bay, Florida. Usually, the bycatch was composed principally of finfish (44 species were captured); horseshoe crabs and blue crabs seasonally predominated in some trawls. Ten finfish species composed 92% of the total finfish catch; commercially or recreationally valuable species accounted for 7% of the catch. Mean finfish size in the BRD-equipped nets was usually slightly smaller than that in the control nets. Compared with the corresponding control nets, both biomass and number of finfish were almost always less in the BRD-equipped nets but neither shrimp number nor biomass were significantly reduced. The differences in proportions of both shrimp and finfish catch between the BRD-equipped and control nets varied between seasons and among net sizes, and differences in finfish catch were specific for each BRD type and season. In winter, shrimp catch was highest and size range of shrimp was greater than in fall. Season-specific differences in shrimp catch among the BRD types occurred only in the 14-m, EMF nets. Finfish bycatch species composition was also highly seasonal; each species was captured mainly during only one season. However, regardless of the finfish composition, the shrimp catch was relatively constant. In part as a result of this study, the State of Florida now requires the use of BRDs in state waters.

Bycatch of billfishes by the European tuna purse-seine fishery in the Atlantic Ocean

Billfishes are a component of offshore ecosystems; thus it is important to quantify the impact of the tuna fishery on these species in the world’s ocean. The aim of this study was to assess the bycatch of billfishes generated by the tropical tuna purse-seine fishery in the eastern Atlantic Ocean. Information on bycatch was collected by observers at sea during the European Union Bigeye Program. With a total of 62 observers’ trips, conducted on Spanish and French vessels between June 1997 and May 1999, this project is the biggest observer program ever carried out in the European tuna purse-seine fishery. This study showed that billfish bycatch by the purse seiners is very low (less than 0.021% of the total tuna catches and less than 10% of the total billfish catches currently reported). A Monte Carlo simulation was performed to account for some uncertainties in the fishing strategies of purse seiners operating in this ocean. One of the findings of this study indicated that the temporary moratorium on fishing with FADs (fish aggregating devices), adopted by the European purse-seine fishery in the eastern Atlantic Ocean, produced a decrease in incidental catches of marlins from 600–700 metric tons (t) to less than 300 t. In contrast, this trend was reversed for sailfishes, for which the bycatch increased from 25 t to 45 t. The difficulty of defining indices that express the conservation status in marine fishes and that gauge key ecosystem parameters and the need to promote an ecosystem approach for large-pelagic-resource management which takes into account biologic and socioeconomic criteria are briefly discussed.

Sustainability of elasmobranchs caught as bycatch in a tropical prawn (shrimp) trawl fishery

The bycatch of Australia’s northern prawn fishery (NPF) comprises 56 elasmobranch species (16 families). The impact of this fishery on the sustainability of these species has not been addressed. We obtained estimates of catch rates and the within-net survival of elasmobranchs. Carcharhinus tilstoni, C. dussumieri, Rhynchobatus djiddensis, and Himantura toshi represented 65% of the bycatch. For most species, >50% of individuals in the bycatch were immature, and some species recruited to the fishery at birth. For all species combined, 66% of individuals in the bycatch died in the trawl net. The relative sustainability of elasmobranchs caught as bycatch was examined by ranking species with respect to their susceptibility to capture and mortality due to prawn trawling and with respect to their capacity to recover once the population was depleted. The species that were least likely to be sustainable were four species of pristids, Dasyatis brevicaudata, and Himantura jenkinsii. These are bottom-associated batoids that feed on benthic organisms and are highly susceptible to capture in prawn trawls. The recovery capacity of these species was also low according to our criteria. Our results provide a valuable first step towards ensuring the sustainability of elasmobranchs that are caught as bycatch by highlighting species for management and research. The effectiveness of turtle excluder devices (TEDs) in reducing elasmobranch bycatch varied greatly among species but was generally not very effective because most of the captured species were small.