Saving Seafood

Federal Court Sides With American Samoa Over Large Vessel Protected Area

August 3, 2017 — PAGO PAGO, American Samoa — The federal court in Honolulu has denied the US National Marine Fisheries Service (NMFS) motion for reconsideration, to amend the court decision issued this past March that found that the NMFS 2016 rule to reduce from 50 to 20 miles the Large Vessel Prohibited Area (LVPA) in territorial waters “was arbitrary and capricious”.

MOTION DENIED

“The court has considered the Motion for Reconsideration as a non-hearing matter,” according to the one-page decision issued this past Monday. “After careful review of the motion, supporting and opposing memoranda, and the relevant legal authority, the Motion for Reconsideration is hereby denied.”

According to the decision, a written order by the court will follow, that will supersede this ruling. It’s not clear when the written order will be rendered by the court.

BACKGROUND

Besides NMFS, other defendants in the case were the US Commerce Department, and NOAA fisheries. NMFS issued a 2016 LVPA rule which became effective on Feb. 3, 2016.

Plaintiff is the Territory of American Samoa, through the Governor’s Office, or ASG. The major focus of the plaintiff’s lawsuit, filed in March 2016, centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deed of Cession for Manu’a islands — with the United States.

Read the full story at the Pacific Islands Report

Senate Subcommittee Holds First Hearing to Guide Magnuson-Stevens Reauthorization

August 2, 2017 — The Magnuson-Stevens Act, the primary law regulating fisheries in federal waters, is in need of reauthorization, and Senate Commerce’s Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard on Tuesday held the first in a series of hearings to guide that process. And, unsurprisingly, the issue of climate change made waves.

Chris Oliver, assistant administrator of NOAA’s National Marine Fisheries Service, and John Quinn, chairman of the New England Fishery Management Council, pushed for a variety of changes, ranging from management of mixed stocks to more flexibility in how the Council Coordination Committee can monitor and collect data. But it was Sen. Richard Blumenthal who made the strongest case for change by criticizing the current system for failing New England’s fishing fleet and leaving the region’s fishermen “angry and frustrated beyond words.”

Because of climate change, Blumenthal said, fish that New England fishermen have traditionally sought were pushed north and fish from southern waters moved into New England. But catch limits for certain fish haven’t been adjusted to meet the reality facing New England fishermen, forcing them to return quota-exceeding fish to the ocean. Billions of dollars in profits are being lost, Blumenthal said, while fishermen from southern states come to New England waters to catch their migrating fish. “There is something profoundly unfair and intolerable about the situation,” he added. “In my view, it violates the present law.”

Quinn responded by pointing out that parts of the New England fishing industry are booming but agreed that groundfish fishermen are struggling. While the CCC’s process is to collect as much data as needed to produce accurate stock assessments, Quinn said they didn’t have “a simple solution for rising water temperatures or the ocean acidification,” which are the roots of the shifting fish populations.

Read the full story at Politico

Longer season threatens red snapper, group contends

But area anglers question the conservation group’s findings.

July 31, 2017 — A federal decision to extend the recreational fishing season for Gulf of Mexico red snapper this summer is likely to lead to overfishing, conservation group says.

The extended season, now under way, could allow anglers to take up to three times as much snapper as legally allowed under scientifically sound catch limits, according to an analysis of fishery data by The Pew Charitable Trusts.

Pew analyzed estimated red snapper catch rates and projections from the National Oceanic and Atmospheric Administration’s Fisheries Service and concluded that total 2017 landings in the Gulf by all fishermen will probably exceed legally allowed amounts by at least 37 percent.

“That’s a disturbing scenario for a species that plummeted to low population levels from overfishing in the 1990s,” Holly Binns, Pew’s director of U.S. Oceans Southeast, wrote Thursday in a report on the findings. “Gulf red snapper have been recovering thanks to federally mandated, science-based catch limits and court-ordered measures to prevent catching the fish faster than they can reproduce, but that progress is now in jeopardy.”

Louisiana and other Gulf Coast anglers won a 39-day red snapper season that started June 16 and is expected to run through Labor Day. Recreational fishermen can catch red snapper Fridays through Sundays through Sept. 4 in federal waters off Louisiana; state waters were closed to the fish as part of the deal.

Read the full story at Houma Today

U.S. Senate Takes Up Fisheries Reform

Rep. Frank Pallone and Sen. Bob Menendez make the rounds in Atlantic Highlands talking with recreational fishermen, while back in DC their fellow congressmen are tackling fisheries reform.

July 31, 2017 — U.S. Senator Dan Sullivan (R-AK), chairman of the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, will convene a hearing on the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) starting at 10 a.m. on Tuesday, August 1.

This hearing is the first in a series of Senate hearings to examine the state of our nation’s fishery laws and guide the reauthorization of our federal fisheries law. Witnesses slated to testify include Dr. John Quinn, chairman of the New England Fishery Management Council Chairman, and Christopher Oliver, newly appointed Assistant Administrator for the National Marine Fisheries Service (NMFS).

In early July, the recreational fishing and boating community praised the Senate introduction of the Modern Fish Act by Senators Roger Wicker (R-MS), Bill Nelson (D-FL), Roy Blunt (R-MO), Brian Schatz (D-HI), John Kennedy (R-LA) and Joe Manchin (D-WV). Supported by the American Sportfishing Association, National Marine Manufacturers Association, Recreational Fishing Alliance, Coastal Conservation Association, Congressional Sportsmen’s Foundation, International Game Fish Association and other groups, the new bill in the U.S. Senate (S.1520) would improve public access to America’s federal waters, promote conservation of our natural marine resources and spur economic growth within the recreational fishing community.

Read the full story at The Fisherman

Fisheries Service Hears Pros, Cons on Atlantic Seismic Surveys

July 27, 2017 — Five oil and gas service companies are awaiting decisions by the National Marine Fisheries Service on their proposals for Atlantic offshore seismic surveys that could harm whales and other marine life.

The service, which can issue authorizations under the Marine Mammal Protection Act, is reviewing a high volume of opposing and supporting public comments that were filed by the July 21 deadline.

The five companies are TGS NOPEC Geophysical Co. ASA, Spectrum ASA, ION Geophysical Corp., CGG S.A. and WesternGeco Ltd., a subsidiary of Schlumberger Ltd. A sixth company, TDI-Brooks International Inc., recently expressed an interest in restarting the application for an authorization after an earlier application was returned to the company as incomplete.

The fisheries service proposed authorizations with a variety of mitigation measures to reduce risks to marine mammals. If the authorizations are granted—with or without additional mitigation steps—the Bureau of Ocean Energy Management will be able to make final decisions on whether to issue one-year permits for the work.

The fisheries service has no deadline for its decisions. BOEM is expected to be able to act quickly if the service gives the green light.

Read the full story at Bloomberg BNA

Hawaii Longline Leader Testifies on Ways to Strengthen the MSA

July 27, 2017 — SEAFOOD NEWS — A Hawaii fishing industry leader made three suggestions to the House Natural Resources Committee’s Subcommittee on Water, Power and Oceans during a hearing last week on “Exploring the Successes and Challenges of the Magnuson-Stevens Act.” The hearing was designed to continue discussions relevant to MSA reform and consider current draft legislation.

Hawaii Longline Association President Sean Martin, one of four invited witnesses, said overall the MSA is working well, but the Hawaii seafood industry is facing problems related to national monuments created under the Antiquities Act, Endangered Species Act issues and more.

“The MSA is a success and should be the principal source of authority for management of U.S. fisheries,” Martin said in his testimony. “Overfished stocks have been rebuilt, and few stocks are now overfished. Management measures are precautionary and based on the best scientific information available. The regional fishery management councils provide regional fishing expertise and utilize an effective bottom-up decision making process that includes the fishing industry. The MSA also requires the evaluation of impacts on fish stocks as well as fishermen and fishing communities.”

However, the 140 active vessels in the longline fleet, which lands roughly $100 million worth of tuna and other highly migratory fish annually, is struggling with access to fishing grounds.

“We operate in a very competitive arena, both for fishing grounds in international waters and for the U.S. domestic market. The recent marine monument designations established under the Antiquities Act prohibits us from fishing in 51 percent of the US Exclusive Economic Zone in the Western Pacific region,” Martin said. “Access to the high seas is also being challenged by recent United Nations initiatives. Closure of US waters and the high seas hurts us, reducing our ability to compete and increasing the vulnerability of our markets to foreign takeover.”

Martin said the longliners have worked with NMFS and the Western Pacific Regional Fishery Management Council for more than 25 years to ensure sound fishery data would be used in stock assessments and regulations. They have collaborated on research such as gear modifications to protect sea turtles, seabirds and marine mammals.

“We are proud of our efforts and the Hawaii longline fishery is an iconic, internationally recognized model fishery. It is the most highly monitored, strictly regulated longline fishery in the Pacific,” he said.

With that, Martin suggested three things to help make the MSA stronger:

  1. Manage U.S. ocean fisheries through the MSA process;
  2. Strengthen support for U.S. fisheries in the international arena; and
  3. Simplify the MSA regulatory process.

“In recent years, the management of fisheries covered by the MSA has been circumvented by other statutes and authorities,” Martin said regarding using the MSA process for managing ocean fisheries. “This includes the Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, National Marine Sanctuaries Act, and the Antiquities Act. These acts do not require the same level of public consultation and transparency as compared to the MSA.

“For our fishery, the biggest gains in protection have been achieved through the Council process. For example, sea turtle and seabird interactions were reduced by 90 percent as a result of industry cooperative research and Council developed regulations. In HLA’s view, fisheries should be managed primarily through the fishery management councils under the MSA. This ensures a transparent, public, and science-based process which allows the fishing industry and stakeholders to be consulted. It provides that analyses of impacts to fishery dependent communities are considered, and prevents regulations that might otherwise be duplicative, unenforceable, or contradictory.

“Past administrations have established huge national marine monuments in the Pacific totaling more than 760 million acres of U.S. waters under the Antiquities Act of 1906. In our view, marine monument designations were politically motivated and addressed non-existing problems. Fisheries operating in these areas were sustainably managed for several decades under the MSA and the Western Pacific Council. There was no serious attempt to work with the fishing industry in the designations of these marine monuments. Public input was minimal.”

Regarding support for U.S. fisheries in the international arena, Martin said, “In 2016, Congress enacted ‘Amendments to the Western and Central Pacific Fisheries Convention Implementation Act’ (16U.S.C. 6901 et seq.). The amendments direct the Secretaries of Commerce and State to seek to minimize any disadvantage to U.S. fisheries relative to other fisheries of the region and to maximize U.S. fisheries’ harvest of fish in the Convention Area.

“The amendments are intended to level the playing field between
U.S. and foreign fisheries. U.S. fisheries managed under the MSA are sustainable, yet they are often disadvantaged within international fisheries commissions. U.S. fishing interests require strong U.S. government negotiators to advocate and support U.S. fisheries.

“For example, the Hawaii longline bigeye quota has been reduced to 3,345 metric tonnes (mt), while quotas for other countries have not been reduced (e.g. Indonesia). The WCPFC-imposed quotas are based on historical catch and do not match current fishing capacity. For example, Japan has a bigeye quota of nearly 17,000 mt, but only catches around 11,000 mt. China has been expanding its longline fleet from about 100 vessels in 2001 to over 430 vessels in 2015, and has a bigeye quota of around 7,000 mt. Our fleet has been limited to 164 permits since 1991. China is continuing to expand its longline fisheries and supplying US markets with poorly monitored seafood.”

Lastly, Martin hit on another problem faced by several industry groups around the country, not just in Hawaii: Simplifying the MSA regulatory process. The National Environmental Policy Act has caused delays and duplications in several regions.

“HLA supports the regional councils’ efforts to achieve a more streamlined process for approval of regulatory actions,” Martin testified. “A fishery management plan document from a regional council typically contains a full discussion of impacts on the fisheries, on the fish stocks, and on associated species (e.g., endangered species, marine mammals, seabirds, etc.).

“The National Environmental Policy Act requires duplicative evaluation and incongruent public comment periods. The analytical duplication between the MSA and NEPA is unnecessary, delays needed actions, has a high cost, and provides more avenues for legal challenges and delays on non-MSA grounds. Also, it is often very confusing to the industry with regard to timing and where we should apply our input in the process.”

Martin said the longline association recommends amending the MSA to authorize a single analytical document for any proposed regulatory action that will streamline the process, eliminate duplication and allow for more meaningful industry input.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

ALASKA: Underwater camera keeps an eye on Atka mackerel

July 27, 2017 — Counting Atka mackerel became really important, according to National Marine Fisheries Service Biologist Suzanne McDermott, when Steller sea lions were declared endangered in 1997.

“We learned that Atka mackerel are their main food item,” McDermott said. “That’s when we really started looking at them in relation to Steller sea lions.”

McDermott knows the mammals face competition for their food — commercial fishermen. In 2016, Alaska fishermen caught and kept 55,000 metric tons of Atka mackerel and discarded another 532 tons as bycatch.

This summer, McDermott and her colleague David Bryan traversed the Aleutian Chain to answer a big question: are there enough fish to support both endangered Steller sea lions and commercial fishermen?

Read and listen to the full story at Alaska Public Media

Right Whale Disentanglements Allowed on Case-by-Case Basis

July 21, 2017 — The disentanglement of critically endangered North Atlantic right whales has been authorized by the National Marine Fisheries Service on a case-by-case basis.

The agency suspended all whale responses last week after a Canadian responder was killed while disentangling a right whale off New Brunswick.

NOAA lifted the ban for all other species Tuesday after reviewing safety policies.

Right whale responses will be contingent upon a review of circumstances and available resources.

Read the full story at CapeCod.com

American Samoa Biologist Says Marine Monument Designation Not Based On Science

July 18, 2017 — Department of Marine and Wildlife Resources (DMWR) Chief Fisheries Biologist, Domingo Ochavillo has shared concerns with US Interior Secretary Ryan Zinke, over the designation of Rose Atoll as a marine monument; and also argues that expansion of the Pacific Remote Islands National Marine Monument was not based on science “but more on political legacy considerations.”

The biologist’s comment was in response to Zinke’s request for public comments on DOI’s review of all land and marine monuments in the nation including Rose Atoll and Pacific Remote Islands following President Trump’s executive order in April.

“There is a need to review these national monument designations so that they are based on the best available science, and adequate cultural and economic considerations,”  said Ochavillo who wrote the comment-letter in her capacity as DMWR acting director at the time.

“The recent consideration of the American Samoa Deeds of Cession as a relevant document for federal decisions makes it more imperative now to review these marine monument designations,” said Ochavillo, referring to the Honolulu federal court decision this year that voids a US National Marine Fisheries Service rule which reduced last year the Large Vessel Prohibited Area in territorial waters from 50 to 12 miles.

Read the full story at Pacific Islands Report

Call for Nominations to U.S. Advisory Panel on Pacific Whiting Treaty

July 14, 2017 — SEAFOOD NEWS — The National Marine Fisheries Service is soliciting nominations for appointments to the United States Advisory Panel (AP) to the Pacific Hake/Whiting Treaty. The position is for a four year term beginning in 2018.

Nominations must be received by August 11, 2017.

The Pacific Whiting Act implements the 2003 agreement between the U.S. and Canada that provides for the establishment of an Advisory Panel (AP). The AP makes recommendations to the Joint Management Committee on bilateral Pacific whiting management issues.

AP members must be knowledgeable or experienced in the harvesting, processing, marketing, management, conservation, or research of the offshore Pacific whiting resource. Eight individuals represent the United States on the AP, and nominations for one of those positions are being solicited through this notice.

Nomination packages for appointments should include:

1. The name of the applicant or nominee, position they are being nominated for and a description of his/her interest in Pacific whiting; and

2. A statement of background and/or description of how the nominee is knowledgeable or experienced in the harvesting, processing, marketing, management, conservation, or research of the offshore Pacific whiting resource. Letters of support for nominees will also be considered.

Candidates may submit nominations by any of the following methods:

This story originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission.