Saving Seafood

Mark Your Calendar – SAFMC Meeting June 10-14, 2019 in Stuart, FL

May 16, 2019 — The following was released by the South Atlantic Fishery Management Council:

The South Atlantic Fishery Management Council will hold their next meeting June 10-14, 2019 at the Marriott Hutchinson Island, 555 N.E. Ocean Boulevard, Stuart, FL, 34996. The meeting week begins with a series of committee meetings and concludes with a meeting of the Full Council.

An informal Public Discussion Session will be held on Tuesday, June 11, 2019 at 5:00 p.m. and a formal public comment session will be held on Wednesday, June 12th beginning at 4:00 PM. For-Hire Electronic Reporting Training Sessions are also scheduled, dependent upon the publication of the final rule implementing the reporting requirement. An online comment form will be available for written comments, and the meeting will be available via webinar as it occurs. A Saltonstall-Kennedy (S/K) Grant Program discussion will be held on Tuesday, June 11th and Wednesday, June 12th beginning at 5:00 p.m.; public input will be accepted.

Agenda Highlights:

  • Red Snapper – The Snapper Grouper Committee will discuss alternatives for modifying the start dates, days of the week, and minimum number of fishing days required for opening the red snapper seasons. The Council is scheduled to approve Snapper Grouper Regulatory Amendment for public hearings.
  • Best Fishing Practices and Use of Powerhead Gear – The Snapper Grouper Committee will continue to discuss proposed requirements for the use of descending devices, venting tools, and circle hooks, as well as changes to restrictions on powerhead gear.
  • Dolphin Wahoo – The committee will continue to discuss management options for both dolphin and wahoo to include in draft Amendment 10 to the Dolphin Wahoo Fishery Management Plan.
  • Allocations – The Council will meet as a Committee of the Whole to begin discussions of allocations between recreational and commercial sectors.
  • King Mackerel – The Council will consider an increase in the Atlantic king mackerel commercial trip limit through emergency action.

Additional Information:

Additional meeting information will be available from the Council’s website at: http://safmc.net/safmc-meetings/council-meetings/ as it becomes available. Briefing book materials, including the meeting agenda, committee agendas/overviews, and the public comment form will be available on May 24, 2019.

US tuna companies face class-action lawsuits over “Dolphin-Safe” claims

May 15, 2019 — In the midst of dealing with numerous price-fixing lawsuits, Bumble Bee Foods, Chicken of the Sea, and StarKist now face class-action complaints over the “Dolphin-Safe” claims on their tuna products.

While Lion Capital-owned Bumble Bee, Thai Union-owned Chicken of the Sea, and Downgon Industries-owned Starkist claim that their products are “Dolphin-Safe,” that is not the case, according to the racketeering and fraud complaints filed in United States District Court in San Francisco, California, U.S.A.

The “Dolphin-Safe” label signifies that no dolphins were killed or seriously injured as a result of the catching of the tuna contained in their products. But the suppliers’ tuna fishing practices “kill or harm substantial numbers of dolphins each year,” the lawsuit against StarKist stated.

“And, because defendant does not adequately trace or otherwise identify the tuna that is not ‘Dolphin-Safe’ and physically segregate and store it separately from any tuna that may be ‘Dolphin-Safe,’ defendant may not label any of its products as ‘Dolphin-Safe,’” the StarKist complaint said.

While StarKist “does not comment on pending legal matters”, Michelle Faist, senior manager of corporate affairs for StarKist Co., told SeafoodSource, the supplier “will not purchase any tuna caught in association with dolphins.”

“StarKist Co. is committed to protecting the dolphins and was the first company to adopt a dolphin-safe policy in April 1990,” Faist said.

The policy states that: “StarKist will not purchase any tuna caught in association with dolphins. StarKist continues its practice of refusing to purchase tuna caught with gill or drift nets, which are known to be dangerous to many forms of marine life. StarKist condemns the use of these indiscriminate fishing methods that trap dolphins, whales, and other marine life along with the intended catch of fish.”

Read the full story at Seafood Source

U.S. consumers sue Bumble Bee, Chicken of the Sea, StarKist over ‘dolphin-safe’ tuna claims

May 14, 2019 — U.S. consumers sued Bumble Bee, Chicken of the Sea and StarKist, accusing the country’s three major packaged-tuna brands of deceiving them into thinking their tuna is caught only through “dolphin-safe” fishing practices.

The proposed class actions filed on Monday said the defendants employ fishing techniques that kill or harm dolphins, and do not always use safer, costlier pole-and-line and other methods used by such rivals as Whole Foods and Trader Joe’s.

The consumers said this makes the defendants’ dolphin-safe labels false and misleading, violating the laws of several U.S. states including California, Florida, New Jersey and New York.

They also said StarKist violated federal racketeering law through its alleged dealings with foreign fishing companies.

Concern about dolphin safety “makes tuna fish consumers no different from Hindus attributing zero value to beef products, or vegans attributing zero value to animal products, or vegetarians attributing zero value to meat, fish, and poultry,” the complaints said.

StarKist said it does not discuss pending litigation, but would not buy tuna “caught in association with dolphins.” It also condemned “indiscriminate fishing methods” that trap dolphins along with the intended catch.

Read the full story at Reuters

Maryland officials join opposition to offshore seismic tests

April 22, 2019 — Maryland officials have joined a host of congressmen in opposing the Trump administration’s plan to start underwater seismic testing along the Atlantic coast, operations that could lead to increased domestic production of oil and gas, but also could be harmful to marine animals.

The offshore seismic testing would be part of oil and gas exploration from Florida up the East Coast to Delaware, including the coast of Maryland.

Maryland Attorney General Brian Frosh and eight other attorneys general joined as parties to a lawsuit aimed at stopping the testing, which they said would subject marine creatures such as whales, porpoises, and dolphins to extremely loud sounds.

Read the full story at WTOP

Mark Your Calendar – SAFMC Meeting March 4-8, 2019 in Jekyll Island, GA

February 11, 2019 — The following was released by the South Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council will hold their next meeting March 4-8, 2019 at the Westin Jekyll Island, 110 Ocean Way, Jekyll Island, Georgia. The meeting week begins with a series of committee meetings and concludes with a meeting of the Full Council. A public comment session will be held on Wednesday, March 6, 2019 at 4:00 PM. An online comment form will also be available for written comments, and the meeting will be available via webinar as it occurs.

Agenda Highlights:

  • Red Snapper – The Snapper Grouper Committee is expected to receive an update from NOAA Fisheries on the status of the 2019 red snapper season.
  • Species Movement Northward – An Atlantic coast-wide discussion will take place during the Habitat Committee meeting. Members of the Mid-Atlantic Fishery Management Council, New England Fishery Management Council, and the Atlantic States Marine Fisheries Commission will participate.
  • Sea Turtle Release Gear – The Council is scheduled to approve Snapper Grouper Amendment 42, allowing commercial and for-hire fishermen additional choices for turtle release gear.
  • Best Fishing Practices and Use of Powerhead Gear – The Snapper Grouper Committee will continue to discuss proposed requirements for the use of descending devices, venting tools, and circle hooks, as well as changes to restrictions on powerhead gear.
  • Dolphin Wahoo – The committee will continue to discuss management options for both dolphin and wahoo to include in draft Amendment 10 to the Dolphin Wahoo Fishery Management Plan.
  • Allocations – The Council will meet as a Committee of the Whole to begin discussions of allocations between recreational and commercial sectors. In addition, the Committee of the Whole will also discuss the ABC Control Rule Amendment and an amendment to address Recreational Accountability Measures.

Additional Information:

A meeting Schedule-at-a-Glance, links to webinar registration, and additional meeting information is currently available from the March 2019 Council Meeting page. Briefing book materials, including the meeting agenda, committee agendas/overviews, and the public comment form will be available on February 15, 2019.

Reminder: Application Deadline for Advisory Panels and System Management Plan Workgroup

February 4, 2019 — The following was released by the South Atlantic Fishery Management Council:

The South Atlantic Fishery Management Council is soliciting applicants for open advisory panel seats as well as fishing representatives to serve on the System Management Plan Workgroup. The Workgroup will address future needs of managed areas in federal waters in the South Atlantic. The Council’s advisory panel members provide information and guidance in the development and implementation of federal fishery management plans. Additional details are included in an earlier news release.

Applications are now being solicited for the following advisory panel positions:

  • Dolphin Wahoo Advisory Panel (1) GA Open Seat
  • Habitat Advisory Panel (1) NC Commercial and (1) NC Conservation; (1) FL Commercial; and (1) At-Large Research/Geologist Seat
  • Law Enforcement Advisory Panel (1) Open Seat
  • Mackerel Cobia Advisory Panel (2) Open Seats
  • Shrimp Advisory Panel (1) Open NGO Seat and (1) Open Seat
  • Deepwater Shrimp Advisory Panel (3) Open Seats
  • Snapper Grouper Advisory Panel (1) SC Open Seat and (2) GA Open Seats
  • Spiny Lobster Advisory Panel (1) Open Seat

System Management Plan Workgroup Positions

The Council is also soliciting applicants to represent commercial and recreational interests on its System Management Plan (SMP) Workgroup. The workgroup will provide recommendations on managed areas in federal waters under the Council’s jurisdiction.

Open positions on the System Management Plan Workgroup:

  • Recreational Representatives (1) SC and (1) GA
  • Commercial Representatives (1) GA

How to Apply

Application forms for individual advisory panels and the SMP Workgroup are available online from the Council’s website at: http://safmc.net/about-safmc/advisory-panels/. For questions about the advisory panel seats contact Kim Iverson, Public Information Officer, at Kim.Iverson@safmc.net or call the Council office at 843/571-4366. Questions regarding the SMP Workgroup should be directed to Dr. Chip Collier at chip.collier@safmc.net or by calling the Council office.

Advisory panel and Workgroup members will be selected during the Council’s March 4-8, 2019 meeting in Jekyll Island, GA. Applications must be received by February 8, 2019 for consideration by the Council during the March meeting.

CALIFORNIA: Can sustainably caught swordfish make waves on the Central Coast?

December 31, 2018 — Will sustainably-caught swordfish receive a wave of support from Central Coast fishermen, consumers and restaurateurs?

Clean-fishing advocates sure hope so as efforts continue to phase out the use of drift gillnets — the mile-long, 100-foot-wide nets currently used to catch swordfish — which  commonly collect and kill protected species like whales, dolphins, and sea turtles.

On Sept. 28,  Gov. Jerry Brown signed Senate Bill 1017, which requires the state Department of Fish and Wildlife get funding for and enact a transition program that would help fishermen switch to alternative fishing gear.

Under the program, up to $10,000 would be offered for fisheries to turn in their drift gillnet permits, and transition to “clean-fishing” gear.

The California Department of Fish and Wildlife has until March of 2020 to roll out the drift gillnet “buyout.” However, the department still needs to raise $1 million to trigger the revocation of all drift gillnet permits. The money would have to come from federal funding or private donor sources.

Read the full story at the Monterey Herald

NEW YORK: A Push for Offshore Oil

December 7, 2018 — A recent move by the Trump administration could lead the way to oil and gas exploration and extraction off the Atlantic coast.

The Washington Post reported on Friday that the National Marine Fisheries Service, a division of the National Oceanic and Atmospheric Administration, has approved five requests that will allow companies to conduct seismic surveys. The “incidental take” authorizations allow companies conducting such surveys — geophysical companies working on behalf of oil and gas corporations, The Post reported — to harm marine life as long as it is unintentional.

Such surveys would be conducted using seismic air guns, which emit loud blasts on a recurring basis, 10 seconds apart for 24 hours a day, often for weeks at a time, according to the environmental group Greenpeace. The sonic blasts, or “pings,” penetrate through the ocean and miles into the seafloor and can harm whales, dolphins, sea turtles, and fish. They can result in temporary and permanent hearing loss, habitat abandonment, disruption of mating and feeding, beachings, and death, according to Greenpeace.

Read the full story at The East Hampton Star

Trump Said to Advance Seismic Surveys for Oil in Atlantic

November 30, 2018 — The Trump administration is taking a major step toward allowing a first-in-a-generation seismic search for oil and gas under Atlantic waters, despite protests that the geological tests involve loud air gun blasts that will harm whales, dolphins and other animals.

The National Marine Fisheries Service is set to issue “incidental harassment authorizations” allowing seismic surveys proposed by five companies that permits them to disturb marine mammals that are otherwise protected by federal law, according to three people familiar with the activity who asked not to be named before a formal announcement.

The firms, including TGS-NOPEC Geophysical Co. Asa and Schlumberger Ltd. subsidiary WesternGeco Ltd., still must win individual permits from the Interior Department’s Bureau of Ocean Energy Management before they can conduct the work, but those are widely expected under President Donald Trump, who has made “energy dominance” a signature goal.

Read the full story at Bloomberg

 

U.S. Withdrawal of California Gillnet Protections for Whales, Turtles Ruled Illegal

October 29, 2018 — The Trump administration unlawfully withdrew a plan to limit the number of whales, turtles and other marine creatures permitted to be inadvertently killed or harmed by drift gillnets used to catch swordfish off California, a federal judge has ruled.

The decision requires U.S. fisheries managers to take steps to implement the plan, which calls for placing numerical limits on the “bycatch” of bottlenose dolphins, four whale species and four sea turtle species snared in swordfish gillnets.

As currently written, the regulation in question also would mandate suspension of swordfish gillnet operations altogether off Southern California if any one of the bycatch limits were exceeded.

The Pacific Fishery Management Council endorsed the plan in 2015, and it was formally proposed for implementation by the U.S. Commerce Department’s National Marine Fisheries Service the following year.

The rule was expected to gain final approval but was abruptly withdrawn instead in June 2017 under President Donald Trump, whose Commerce Department determined the cost to the commercial fishing industry outweighed conservation benefits.

The environmental group Oceana sued, accusing the Commerce Department of violating U.S. fisheries laws and the federal Administrative Procedures Act. Oceana also asked the courts to order the agency to put the bycatch limits into effect.

U.S. District Judge R. Gary Klausner declined to force the National Marine Fisheries Service to immediately implement the restrictions in a decision handed down Wednesday in Los Angeles.

But he sided with environmentalists in finding the agency’s reversal exceeded its authority and was “arbitrary, capricious or an abuse of its discretion.”

Read the full story at U.S. News