Gillnet Study SOW 28 Jun 12.docx

ATTACHMENT 0001

STATEMENT OF WORK

Sturgeon Gillnet Gear Study – Year 3

1. SCOPE

The Protected Species Branch of the Northeast Fisheries Science Center (NEFSC) for the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration (NOAA) has a requirement to collect catch information from a study comparing experimental gillnets to standard gillnets in the mid-Atlantic groundfish gillnet fishery to test for exclusion of sturgeon and harbor porpoise and retention of targeted catch. Additionally, this requirement includes an option for additional work to attain more data regarding the treatments being studied.

2. BACKGROUND

On February 6 2012, the final ruling to list five Distinct Population Segments (DPSs) of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) under the Endangered Species Act was published with an expected implementation date of April 6, 2012. This decision to list Atlantic sturgeon was based on a number of factors including degradation and loss of habitat, vessel strikes, and bycatch in commercial fisheries. The preceding Status Review concluded that bycatch in sink-gillnets was a significant hurdle to Atlantic sturgeon recovery. The Status Review specifically mentioned landings the in monkfish (Lophius americanus) gillnet fishery, which provides economic benefits to fishing communities in the mid-Atlantic and northeast U.S. The manner in which gillnets are fished including net configuration (e.g. use of tie downs and net profile) and soak duration is believed to be influence Atlantic sturgeon encounter rates.

As mentioned previously, Atlantic sturgeon have been listed under the ESA. A new analysis of NMFS observer data suggested that Atlantic sturgeon bycatch in gillnet and trawl fisheries could be in the thousands. Observed bycatch mortality in the trawl fisheries was too low to model (ASMFC 2007). However, bycatch mortality for the sink gillnet fisheries averaged 649 Atlantic sturgeon per year, or approximately 13% of the annual Atlantic sturgeon bycatch in sink gillnet gear (ASMFC 2007). Sustainable fishing rates for adult Atlantic sturgeon have been estimated to be approximately 5% per year and even lower for sub-adults. Thus, even small rates of bycatch mortality (<5%) on sturgeon populations could hinder or restrict recovery (Boreman 1997; ASMFC 1998; Kahnle et al. 2007; ASMFC 2007). NMFS has concluded that bycatch of Atlantic sturgeon in Federal and state regulated fisheries are a significant threat to the five DPSs proposed for listing.

In the 2011 BREP funded project, cooperating monkfish fishermen fished paired replicates of two gillnet configurations (control and treatment (low profile)) totaling 120 hauls in accordance with normal monkfish fishing operations. The study utilized NMFS supplied gillnets which were 300 ft. (91.4 m) in length and consisted of two configurations which varied in vertical profile. The control nets were typical of gillnets used in this fishery and were comprised of 12 meshes x 12 in (30.5 cm) stretch mesh with 48 in (1.2 m) tie-downs spaced 24 ft (7.3 m) apart on alternating corks on the float line. The lower profile treatment nets were constructed of 6 meshes x 12 in (30.5cm) stretch mesh with 12 in (0.6 m) tie-downs employed every 12 ft (3.65 m) apart that corresponded to the location of corks in the float line. Panels were constructed using Chatham green webbing (0.90 mm) with a 0.50 hanging ratio, 9.5 mm poly float line with five 463.6 kg weak links per panel spliced into a 7.9 mm float line, and a 34.1 kg leadline (34.1 kg/182.8 m spool). Each vessel deployed 40 panels of gillnet configured in 10 panel strings (914 m). Each string was comprised of either control (standard profile) or treatment (low profile) nets. Although the results are still draft as they have not passed IQA, it appears that Atlantic sturgeon bycatch (CPUE) was significantly different [28 v. 9 (p=.0118)] between gillnet configurations with treatment nets encountering fewer individuals. With the exception of spiny dogfish (Squalus acanthias), no significant differences in the landings of target species were realized although overall catch rates were lower with the treatment gillnets catching 23% fewer monkfish. After this study, the cooperating fishermen suggested that the addition of two more meshes, while maintaining the same tie-down length (24”), might improve the catch rates of the targeted monkfish. This configuration needs to be tested to ensure that the additional meshes do not increase sturgeon bycatch and to evaluate if the additional meshes will, as the fishermen speculate, reduce the loss of the targeted monkfish.

Harbor porpoises are a protected species under the Marine Mammal Protection Act (MMPA). In accordance with the MMPA, NMFS is required to reduce the number of harbor porpoise deaths and serious injuries caused by commercial fishing gear. The HPTRP has been in effect since December 1998. The HPTRP requires gillnet gear to be modified during certain times and in certain areas of the Gulf of Maine, southern New England, and the Mid-Atlantic when harbor porpoises are present. In Mid-Atlantic waters, various gear modifications are used, including tie-downs on large mesh gillnet gear (mesh size 7-18 inches). Tie-downs are intended to reduce harbor porpoise bycatch by lowering the profile of the net in the water column, thus allowing harbor porpoise to go over the net.

Changes in the fishery practices and efforts within the monkfish industry have the potential to decrease overall bycatch mortality of Atlantic sturgeon; however, they have not been tested by the industry. Field studies are, therefore, necessary to assess the effects of tie-downs on Atlantic sturgeon bycatch.

3. METHODOLOGY

The goal of this study will be to compare bycatch rates for Atlantic sturgeon and harbor porpoises in gillnet gear employing tie-downs and directed on catching monkfish in Mid-Atlantic waters as follows:

To continue the data series started in November 2010, fishing trips will be conducted by commercial monkfish fishermen on monkfish fishing grounds along the Mid-Atlantic coast of the U.S. The project will occur outside of the HPTRP regulated segment of the monkfish fishing season. Two net configurations will be fished: (1) A 12 ft net with tie-downs, (2) a 8 ft net with tie-downs. Data loggers to monitor soak time will be attached to the gear in such a way as to not interfere with the selectivity of the gear. All other characteristics of the nets (e.g., 0.90 mm twine size, 300 ft long, 12-inch mesh) will be the same.

The project will be conducted outside of the large mesh gillnet season regulated by the Mid-Atlantic portion of the HPTRP. Sampling during the unregulated time period allows for multiple net configurations to be utilized while staying in compliance with existing regulations (e.g. the HPTRP). At least two vessels will be needed to set and retrieve the gear. All hauls will be observed by NMFS personnel or NMFS-trained personnel. Catch of the targeted species as well as Atlantic sturgeon and other bycatch will be recorded. All gear and haul characteristics including location, soak duration, and depth will be recorded as per standard NEFSC protocols. The results of the field research will be analyzed to determine where there were statistically significant differences in bycatch of Atlantic sturgeon and catch of monkfish between the net configurations.

The NMFS will work with a commercial gillnet supplier to build new and to modify existing gillnet panels (purchased for a previously funded BREP project) for the study. Each gillnet panel will be 300’ in length and will be hung as follows: all of the panels shall be constructed using 0.90 mm green (Chatham green) monofilament webbing. The nets shall have a mesh size of 12” (30.5 cm) and be 12 or 8 meshes high. All floatlines will be hung with 3/8 inch diameter poly float rope with five 1100lb weak links per panel spliced into the floatline (5/16” poly with overhand knot). Each panel will be constructed with 75 lb lead core line (75 lb per 600 ft spool), and there shall be a tie-down every 24 feet on those nets that have tie-downs. All nets will be hung with the same primary and secondary hanging ratios.

The two experimental gillnet strings will consist of 10-14 net panels per string of the same treatment (12 meshes tall with tie-downs, 8 meshes tall with tie-downs). Testing will consist of setting both treatments (control and experimental) in a similar location (block) and keeping all aspects of the operation (e.g. soak time, set direction, haulback speed) standardized between the sets. During the course of the study, the sequence of which gear gets set first will be randomly chosen. Each string of 10 panels will be set 60 times for 120 hauls. This number of sets should provide a high level of certainty of finding a 20% difference in sturgeon bycatch between treatments.

Data analysis shall be coordinated with input from the NEFSC. We anticipate that the analysis shall include a paired comparison using 12” x 12 meshes tall with tie-downs as a control. Additionally an analysis of variance with soak time and other environmental conditions as covariates shall be conducted to ascertain any confounding variables.

Fishing trips must be conducted by commercial monkfish fishermen on monkfish fishing grounds along the Mid-Atlantic coast of the U.S. The project will occur outside of the HPTRP regulated segment of the monkfish fishing season. Two net configurations will be fished: (1) A 12 ft tall net with 48” tie-downs placed every 24 feet, (2) a 8 ft net with 24” tie-downs placed at each float. All other characteristics of the nets will be the same. The study will use a minimum of two commercial gillnet vessels and their crew for the 120 sets of the gear. The vessels will fish the NMFS supplied gillnets under their permit and thus will be permitted to keep the catch. Sets will occur in Oct-Dec in area 612, 614 or 615 in an area of historically high catches of Atlantic sturgeon. Soak duration will mimic the average soak duration for the study area and the contractor shall try to limit the soak to 96 hours or less. The gear will be maintained and tears or damage that could affect the performance of the gear will be repaired prior to each set of the gear.

On board the vessels the Contractor shall record total catch, including estimated total weight, and length measurements on the targeted species or a representative sub-sample if conditions do not permit recording all fish lengths. Additionally, all protected species (e.g., marine mammals, sea turtles) and sturgeon will be sampled. Necropsies shall be performed on Sturgeon when dead. Sampling will occur in accordance with NEFSC Sea sampling protocols available at: http://www.nefsc.noaa.gov/femad/fsb/Manuals/JANUARY%202008%20-%20Observer%20Program%20Manual/January%202008%20Program%20Manual.html.

The Contractor shall ensure that all data collectors who are on the vessel are thoroughly acquainted with and skilled in NOAA approved sea sampling procedures and ensure the data collectors have passed an approved fishing vessel safety course or have been trained by a USCG certified trainer. All data will be entered on NMFS NE Observer logs or data sheets that meet the approval of the COTR. High-resolution digital pictures of any marine mammal, turtle, or sturgeon entangled in the gear shall be taken.

4. REQUIREMENTS

NMFS will supply all gillnets used in this study. The Contractor shall hire two commercial gillnet vessels and their crew for 120 sets of the gear (60 pairs) . The vessels should fish the NMFS supplied gillnets under their permit and thus will be permitted to keep the catch. Sets must occur in area 612, 614 or 615 in Oct-Dec, an area of historical and recently observed sturgeon takes in gillnets. NMFS may modify the study area and sampling time but will provide at least 90 days notice of any change prior to the start of the study. The work will require the contractor to fish under the vessel’s permits. The NMFS/NEFSC does not have an ESA permit for scientific sampling that will cover this project.

On board the vessels, the contractor shall collect data on the total catch including estimated total weight, and length measurements on the targeted species or a representative sub-sample if conditions do not permit recording all fish lengths. Additionally, the contractor shall sample and necropsy all protected species (e.g., marine mammals, sea turtles) in accordance with NEFSC Sea sampling protocols available at: http://www.nefsc.noaa.gov/femad/fsb/Manuals/JANUARY%202008%20-%20Observer%20Program%20Manual/January%202008%20Program%20Manual.html. The contractor shall provide the trained scientific data collectors that will be aboard each cooperating vessel participating in the study when the gear is hauled, and will provide all the sampling and safety gear.

The contractor shall assure all data collectors who are on the vessel are thoroughly acquainted with and skilled in NOAA approved sea sampling procedures and ensure the data collectors have passed an approved fishing vessel safety course or have been trained by a USCG certified trainer. All data shall be entered on NMFS NE Observer logs or data sheets that meet the approval of the COTR. The logs shall be inspected by the COTR prior to use. The Contractor shall take high-resolution digital pictures of any marine mammal, turtle, or sturgeon entangled in the gear. The contractor shall also take pictures to document the fishing practice that can incorporated into presentations when describing the study.

The contractor shall assure that the gear is maintained and that tears or damage that could affect the performance of the gear are repaired prior to each set of the gear.

A) TASKS

i) The Contractor shall contract and coordinate the charter of a minimum of two commercial fishing vessels for this work. These vessels must meet the approval of the COTR.

ii) The contractor shall ensure that the vessel crew repairs damaged gear prior to setting the gear and fishes the gear in a manner that will not result in bias in the results.

iii) The Contractor shall provide trained Scientific Data Collectors to work on the chartered commercial vessels and shall collect catch and haul data on 120 sets of the experimental and control gillnet gear (60 pairs).

iv) The Contractor shall collect and record data on incidentally captured sturgeon, marine mammals and sea turtles to characterize how interactions occur and to assess the condition upon capture and release. If dead, the contractor shall either freeze sturgeon and deliver them to Woods Hole.

v) The Contractor will conduct the research in times and areas with historically high bycatch rates of sturgeon. The time and area we are requesting is November in statistical area 612, 614 or 615. Areas must be approved by the COTR.

vi) The Contractor shall collect and record data on catch rates and representative length frequency data on catches from the two gillnet types. This data shall be separated so that the catch and length frequency data for the different treatments can be compared.

vii) The Contractor shall collect catch information on other incidental bycatch species encountered during the study.

viii) The Contractor shall assure that the gear is maintained and that tears or damage that could affect the performance of the gear is repaired prior to each set of the gear.

ix) A draft final report shall be submitted to the COTR which will pass through NEFSC review. Once comments are provided, the contractor shall incorporate the reviewer’s comments or explain why they were not incorporated in the final report.

5. PERIOD OF PERFORMANCE

The period of performance for the Base Period shall be 1 August 2012 through 31 August 2013.

The period of performance for the Option Period shall be 1 August 2013 through 31 August 2014.

6. QUALITY ASSURANCE / PROGRESS COMPLIANCE

The NMFS COTR will monitor the performance of the contractor to ensure that the schedule, format of deliverables and quality of data is maintained. In addition, the Contractor and NMFS shall be in contact regularly to review and address any problems related to the project. The final evaluation will be on the quality and completeness of the final report. Final payment will not be provided until a NMFS approved final report is accepted.

7. TRANSMITTAL/DELIVERY/ACCESSIBILITY

A draft of the final report shall be submitted to NEFSC by 16 February 2013 or within 45 days after the completion of fieldwork. The final report shall be submitted to NEFSC by 31 August 2013 or within 45 days after Contractor’s receipt of the draft report back from NMFS/NEFSC. Both the final report and its draft shall be delivered in journal format in electronic format to the COTR at the Protected Species Branch, NEFSC, 166 Water Street, Woods Hole, MA 02543. All submitted products will be reviewed by the COTR for completeness within 30 days of receipt by NMFS/NEFSC.

The Contractor is encouraged to submit a preliminary version of the report for early feedback from NEFSC. The report shall include a discussion on methodology, all data collected during the study, and a brief discussion of successes and failures of the research. Data shall be electronically submitted in a format that does not require proprietary software. The report will be considered draft and will be reviewed by NEFSC and/or outside reviewers within 45 days of receipt by the COTR at NEFSC. If the report does not meet the contract requirements stated in this paragraph and in Section 8 (Reporting Requirements), it will be returned to the contractor and shall be resubmitted within 45 days of receipt. Returns and re-submittals shall occur until the report meets the aforementioned contract requirements.

8. REPORTING REQUIREMENTS

The Contractor must provide weekly reports to the COTR summarizing the research efforts during the time the fieldwork is being completed. This report shall include the set dates, haul dates, and a summary of the targeted and bycatch information. Additionally, the contractor shall provide updates on the progress when requested. All data, as described within this paragraph, must be provided when requested and at the conclusion of the study.

The Contractor shall provide a report on vessel suitability and readiness that consists of documentation of chartered vessel and suitability of vessel and crew to facilitate study objectives. Report shall be delivered not later than 10 days prior to start of fieldwork.

The Contractor shall provide a report on catch data summary that consists of the tabulation of the catch of the targeted and bycatch species for each net for each experimental and control haul of the study. Report shall be delivered within 10 days of completion of fieldwork.

In the event a turtle is encountered during the course of this study, the contractor must communicate with the COTR within 12 hours and provide specifics. If a contractor handles a sea turtle and the contractor is not under the directive of a permitted party, the contractor must submit a draft letter to the COTR within 2 days of the interaction.

9. SPECIAL REPORTING REQUIREMENTS

The COTR has determined that the final report to be delivered under this contract comes under Section 515 of the Treasury and General Government Appropriation Act for Fiscal Year 2001 (Public Law 106-554), also known as the federal Information Quality Act of 2002. Consequently, there are additional requirements for documenting methods and providing data.

Upon receipt of the electronic copy of the final contract report from the COTR, the NEFSC Editorial Office will subject the report to the NEFSC’s standard scientific and technical manuscript review procedures in order to assure the quality of the data and information in the report. Based upon the NEFSC’s review of the report, the NEFSC Editorial Office can request additional documentation from the contractor to assure the quality of the data and information in the report. The contractor is obligated to provide any such requested additional documentation. In particular, when preparing a final report on research activities and/or findings, an effort should be made by the contractor to fully document the methods (including any statistical analysis) and to fully cite the references associated with the research.

By acceptance of this award, the contractor or recipient of this contract agrees to convey to the Government and others acting on its behalf a nonexclusive, irrevocable, worldwide right to reproduce, prepare derivative works, and distribute copies of the full and final report to the public.

10. PUBLICATION REQUIREMENTS

Because NMFS/NEFSC/PSB has considerable involvement in this project, any publications and presentations resulting from this work are expected to include those individuals from NMFS that are substantially involved in this work as coauthors.

11. INFORMATION SECURITY

The C&A requirements of CAR 1352.239-73 do not apply and a Security Accreditation Package is not required.

12. DELIVERABLES

Following is a schedule of administrative deliverables required during the period of performance of this contract:

Item Description Qty Due Date Deliver To Reference

hauls may vary as either:

hauls may vary as either:

* Within 45 days of receiving comments from NMFS, contractor shall make appropriate revisions and resubmit documents to COTR

13. REFERENCES

1. Larsen, F., O.R. Eigaard and J. Tougaard. 2002. Reduction of harbour porpoise by-catch in the North Sea by high-density gillnets. IWC/SC/54/SM30.

2. Mooney, T.A., P.E. Nachtigall and W.L. Au. 2004. Target strength of a Nylon Monofilament and an Acoustically Enhanced Gillnet: Predictions of Biosonar Detection Ranges. Aquatic Mammals 30(2): 220-226.

3. Cox, T.M. and A.J. Read. 2004. Echolocation behavior of harbor porpoises Phocoena phocoena around chemically enhanced gill nets. Marine Ecology Progress Series: 279: 275-282.

4. Trippel. E.A., N.L. Holy, D.L. Palka, T.D. Shepherd, G.D. Melvin and J.M. Terhune. 2003. Marine Mammal Science 19(1): 240-243.

5. Koschinski, S., B.M. Culik, E.A. Trippel and L. Ginzkey. 2006. Behavioral reactions of free-ranging harbor porpoises Phocoena phocoena encountering standard nylon and BaSO4 mesh gillnets and warning sound. 2006. Marine Ecology Progress Series 313: 285-294.

14. DELIVERY SCHEDULE

Base period

Option period

Jul 2012

Aug

X

Sep

Oct

Nov

X

Dec

X

Jan 2013

X

Feb

X

Mar

Apr

May

Jun

Jul

X

Aug

X

Sep

Oct

X

Nov

Dec

X

Jan 2014

Feb

X

Mar

Apr

X

May

Jun

Jul

15. EVALUATION CRITERIA

Interested parties shall submit the following information with their quote:

1. A description of proposed staff qualifications including relevant sampling, safety and fishing vessel experience.

2. A description of the proposed vessels to be used in the study, configuration of vessel, adequate berthing and deck space to accommodate two or more data collectors.

3. A description of the Captain and crew’s experience related to research experience.

4. A summary of your plan to train the data collectors in vessel safety and in fish identification and protected species handling.

5. A summary of your plan to accomplish the sampling goals of the project.

6. Cost to accomplish 60, 80, 100, and 120 hauls.

16. PAST PERFORMANCE

Vendor shall have a minimum of three years successful experience in similar sampling, safety and fishing vessel services and shall provide verifiable documentation to support their experience.

Vendor shall provide three references with which they have provided similar services within the past three years. Vendors who are not able to provide such references shall provide three relevant references of prior performance on other contracts and articulate the relevancy of the referenced performance to the type of work required in this solicitation (similar size, content, and complexity) or affirmatively state that is possesses no relevant past performance. For each reference, provide the following information: (1) a brief but detailed description of the services provided; (2) contract number; (3) name and address of the Government agency or commercial entity: (4) point of contact with current phone number and Email address; (5) date of contract award; (6) period services were provided; (7) initial and current contract value. Vendors are encouraged to provide information on problems or challenges encountered or how they were overcome or resolved as well as accomplishments. The Government reserves the right to obtain information from other sources in addition to hose included with this quote.