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Evaluation by NEFMC's HAPC Plan Development Team of the Jeffreys Ledge and Stellwagen Bank Habitat Area of Particular Concern Proposal

Overview.
This HAPC proposal (Figure 9) seeks to designate portions of Jeffreys Ledge and Stellwagen Bank contained that represent some of the most diverse and highly productive habitat features within the Gulf of Maine. Unique substrate features on Jeffreys Ledge and Stellwagen Bank include gravel/cobble substrates, boulder fields, deep mud basins, and glacially-formed banks.

Oceanographic currents driven by the Gulf of Maine gyre deliver nutrient-rich waters to the area and the topographic features result in upwelling that drives production of a number of plankton species. The high productivity of the area support a wide diversity of marine life ranging from anemones, sponges, sea stars, and polychete worms to herring and sand lance to large predatory fish including cod, haddock, tuna and sharks, to marine mammals including harbor porpoises, humpback whales, and endangered right whales. The unique oceanographic characteristics and habitat features found in the area satisfy many of the HAPC designation criteria, including importance of ecological function, sensitivity to human-induced degradation, rarity of habitat type, existence of current and/or future development stresses.

Step 1: Does the proposed HAPC meet the criteria established under the EFH Final Rule?

1(A) - Importance of Historic Ecological Function:
Jeffreys Ledge has historically been recognized as one of the best fishing grounds in the Gulf of Maine. Stellwagen and Tillies Banks have also been important fishing grounds. Species targeted by these fisheries include Atlantic cod, haddock, Pollock, cusk, hake, flounder, herring, and mackerel. Long-term historical records of fishing activity by European and North American fishermen have been documented. The area has also been recognized as a preferred habitat for several marine mammal species and seabirds.

1(B)TImportance of Current Ecological Function:
This area has been designated as EFH for the following species: Atlantic cod, haddock, ocean pout, American plaice, pollock, redfish, white hake, witch flounder, and halibut. This area supports important habitat for managed species including codfish and lobster, and important habitat for marine mammals (including endangered North Atlantic right whales), seabirds, and forage species such as herring, sand lance, and invertebrate species. The array of habitat types, including gravel/cobble substrates, boulder fields, deep mud basins, and sand banks, within the proposed area is representative of important habitat for managed species throughout the Gulf of Maine.

2 - Sensitivity to Anthropogenic Stresses:
Epifauna on gravel, cobble, and boulder substrates are sensitive to bottom fishing disturbance. The National Research Council (2002) found that trawling and dredging can change the physical and biological structure of ecosystems. Close proximity to shipping lanes and the Boston metropolitan area increase the probability of non-fishing impacts from vessel discharges (gray and ballast water), chemical pollution, and nutrients.

3 - Extent of Current or Future Development Stresses:
Due to the proximity of the proposed HAPC to the coast, the proposal highlights concern over the effects of future fishing effort, use for offshore aquaculture, cable and pipeline construction, sediment mining, and construction of offshore terminals (e.g., LNG).

4 - Rarity of the Habitat Type:
The proposed HAPC contains a representative range of habitat types; some are rare, some are common. Cobble and boulder habitats are rare in the New England EEZ relative to other sediment types.

Step 2: Does the supporting information justify the HAPC designation?
The PDT expressed differing opinions on the level of supporting information included in the proposal. Some PDT members felt that although the supporting information is mostly relevant, the proposal does not link the HAPC designation to a particular life-stage or activity of a managed species or group of species. However, the proposed area has been designated as EFH for the following species: Atlantic cod, haddock, ocean pout, American plaice, pollock, redfish, white hake, witch flounder, and halibut. Additionally, this opinion held that the proposal includes large areas that would likely not be considered for HAPC designation if viewed separately.

In other words, the proposed area includes a variety of habitats, none of which is very unique or worthy of a HAPC designation by itself, but in its totality, the proposal has merit because it includes a number of representative GOM habitats that together constitute an ecologically important area for many managed species and life stages. The proposal does not clearly link scientific studies on the effects of fishing on the benthic environment to the proposed HAPC area and its included range of habitat types. However, other PDT members felt that the supporting information is relevant to the area proposed for HAPC and is structured according to the EFH final rule criteria. However, there may be more recent publications about habitat studies on Stellwagen Bank that are not cited in the proposal.

Step 3: How strongly does the information support the application?
Again, differing opinions emerged from the PDT on this topic relative to the proposal at hand. One view was that the area and range of habitat types are too broad for the supporting information to support designation of the entire area as HAPC. The opposing view held that the information does support the proposals for the following reasons:

1. Habitat-related field studies on Stellwagen Bank have been conducted for the past 10 years. These include high-resolution, multi-beam sonar, and photo transects. These field studies have documented relationships between Council-managed species and habitat features.

2. Lab experiments have documented the specific importance of gravel substrates with epifauna to the survival of juvenile Atlantic cod, on time scales of days (Lindholm et al. 1999).

3. Computer models have projected the consequences of habitat-mediated survival of cod juveniles to recruitment at age one (see Lindholm et al. 2001).

Also, a map showing the location of the proposed HAPC and its relation to other closures on Georges Bank should be provided.

Step 4: Evaluation of the HAPC based on the criteria and preferences set forth by the Council.
The proposal does include EFH for multiple Council-managed species including Atlantic cod, haddock, herring, American plaice, pollock, white hake, winter flounder, witch flounder, yellowtail flounder, and Atlantic halibut. However, the PDT feels that the text description of these species (life stages need to be identified) must be examined to make a closer link to habitat features in the proposed HAPC area. Portions of the proposed HAPC would include juvenile cod EFH. Two EFH Final Rule HAPC criteria and portions of another have been met.

Management measures have not been recommended as part of this HAPC proposal. As proposed, it would not change fisheries management in the EEZ. However, the proposers have requested that a full range of alternative measures, including area-specific closures, gear requirements, and effort reductions be considered at the appropriate point. Specifically, they request that the Council develop a range of alternatives for this HAPC proposal and that the analysis include evaluation of Level I, II, and III habitat closures (as defined in Amendment 13 to the Groundfish IMP) and that the impacts analysis specifically evaluate the potential benefits to habitat function, fish productivity, and overall ecosystem health. The PDT has not evaluated these requests at this point.

Step 5: A report of all proposal applications reviewed which would include: The grades and notes for each proposal that went through Step 1- Step 4, and a record/reason for any proposal received but not reviewed (incomplete, awaiting more information, etc.).

Management measures have not been recommended as part of this HAPC proposal. As proposed, it would not change fisheries management in the EEZ. Designation of a larger HAPC in this area could provide greater protection for juvenile cod from some fishing activities.

The proposed HAPC proposal includes EFH for several Council-managed species including Atlantic cod, haddock, herring, American plaice, pollock, white hake, winter flounder, witch flounder, yellowtail flounder, and Atlantic halibut. However, the PDT feels that the text description of these species (life stages need to be identified) must be examined to make a closer link to designated EFH. The proposed HAPC includes juvenile cod EFH. The proposed HAPC would result in portions of the Stellwagen Bank National Marine Sanctuary being designated as HAPC fox Council-managed species. The proposed HAPC meets 2 or 3 of the 4 EFH Final Rule HAPC criteria.

Designation of an HAPC in this large area may provide greater protection for some species/life- stages in some portions of the greater area. The proposal is well intentioned and may be appropriate, however, the links to the needs of specific life stages of managed species is absent in the proposal.

Step 6: Outcome
Although there was disagreement over the level and appropriateness of the supporting information in the proposal, the PDT recommends that this proposal go forward as is.

However, it is very important that the Committee understand that the PDT is making this recommendation not for the support of a particular life stage or species but rather because the proposal contains a myriad of habitat types or landscapes. The PDT believes that considering an HAPC designation for a small but diverse landscape may be an appropriate course of action.

The PDT believes that there are sensitive features scattered throughout the area including the gravel pavement on eastern part of Stellwagen Bank, the southeast side of Jeffreys Ledge (similar to George's Bank), and the high densities of cerianthid forests found on the western side (extension into Stellwagen Basin) which are important for Acadian redfish. The habitats are relatively constrained in space and recruitment/habitat bottlenecks issues should be considered.

END

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