NOAA Fisheries Releases Final “Batched” Biological Opinion & North Atlantic Right Whale Conservation Framework

Today, NOAA Fisheries released its Endangered Species Act (ESA) section 7 Biological Opinion on the authorization of eight federal fisheries management plans under the Magnuson-Stevens Fishery Conservation and Management Act, two interstate fishery management plans under the Atlantic Coastal Fisheries Cooperative Management Act, and the implementation of the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2. We also released the North Atlantic Right Whale Conservation Framework for Federal Fisheries in the Greater Atlantic Region (Conservation Framework). NOAA Fisheries has evaluated the effects of the authorization of the fisheries, as modified by the Conservation Framework, on endangered and threatened species.

The 10 fisheries included in the Opinion are: (1) American Lobster, (2) Atlantic Bluefish, (3) Atlantic Deep-Sea Red Crab, (4) Mackerel/Squid/Butterfish, (5) Monkfish, (6) Northeast Multispecies, (7) Northeast Skate Complex, (8) Spiny Dogfish, (9) Summer Flounder/Scup/Black Sea Bass, and (10) Jonah Crab fisheries.

We released a draft Opinion on January 15, 2021 to the New England and Mid-Atlantic Fishery Management Councils and shared it with the Atlantic States Marine Fisheries Commission. We accepted feedback from the New England and Mid-Atlantic Fishery Management Councils/Commission and other interested parties through February 19, 2021. This feedback was considered in developing the final Opinion.

In developing the Opinion, NOAA Fisheries identified that, to meet the mandates of the ESA, mortality and serious injury of North Atlantic right whales due to federal fisheries managed by the Greater Atlantic Regional Fisheries Office needs to be further reduced. Therefore, NOAA Fisheries developed and is committed to implementing a Conservation Framework to further reduce mortality and serious injury of North Atlantic right whales resulting from entanglements by the federal fisheries. The reduction in entanglements is also expected to reduce sublethal effects that may affect the health and reproductive output of right whales. This Conservation Framework outlines NOAA Fisheries’ commitment to implement measures that are necessary for the recovery of right whales, while providing a phased approach and flexibility to the fishing industry.

Through the ESA section 7 consultation, we have evaluated the effects of these fisheries, as modified by the Conservation Framework, on endangered and threatened species. The Opinion concludes that impacts from the authorization of the fisheries, as modified by the Conservation Framework, are not likely to jeopardize the continued existence of any ESA-listed species in the action area, including sea turtles, listed marine mammals, and listed fish. We also determined that the fisheries, as modified, are not likely to result in the destruction or adverse modification of any designated critical habitat.

NOAA Fisheries, through the Greater Atlantic Region’s Sustainable Fisheries and Protected Resources Divisions, is committed to implementing the Conservation Framework and other measures identified in the consultation to ensure that impacts to NOAA Fisheries’ trust resources are minimized. For more information and to read the Biological Opinion and  Conservation Framework please visit our website.

Questions? Media: Contact Allison Ferreira, Regional Office, 978-281-9103