Saving Seafood

Oceana wins lawsuit against feds over anchovy quota.

January 22, 2018 — Anchovies may have fallen out of fashion as a food for humans, but they are a key food source for whales, dolphins, pelicans and a host of other creatures that make Monterey Bay one of the richest marine ecosystems in the world.

And Jan. 18, that ecosystem scored a huge victory: Oceana, a marine environmental nonprofit, and Earthjustice, an environmental law nonprofit that represented Oceana, won a lawsuit in the U.S District Court Northern District of California against the federal government. Their argument: that the National Marine Fisheries Service set the anchovy catch limit off the California coast at illegally high levels in October 2016.

The crux of Oceana’s case was this: In October 2016, NMFS set the catch limit at 25,000 metric tons annually for the California subpopulation of anchovies when the latest available science suggested the total biomass of that population was between 15,000-32,000 metric tons.

In other words, the annual catch limit was set within the estimated range of the total population.

Read the full story at the Monterey County Weekly

Saving Seafood covered Oceana’s legal challenge in a story posted November 29, 2016. It’s available here.

The full ruling is available here.

The following was released today by Oceana:

MONTEREY, Calif. — In response to a lawsuit brought by Oceana, as represented by Earthjustice, a federal judge struck down a decision by the National Marine Fisheries Service (Fisheries Service) to set a 25,000 metric ton (mt) catch level for the central population of northern anchovy for violating the nation’s fishery management law. The court rejected the Service’s reliance on decades-old data to manage this fishery off the California coast. The court found that the government’s annual catch limit was not based on the best scientific information available, and that the Fisheries Service did not adequately consider whether its management prevented overfishing. Instead of basing catch limits on the most recent scientific data showing that the anchovy population had reached a historic low of less than 32,000 mt, the Fisheries Service set the limits based on pre-1990s population estimates assuming a population of more than 733,000 mt.

“The law is clear: the agency can’t sweep inconvenient facts under the rug and rely on a bureaucratic preference to “set it and forget it” for the most ecologically critical fish on the West Coast,” said Andrea Treece, Staff attorney for Earthjustice. “The agency must develop modern, reality-based management measures that reflect the actual status of the anchovy population and ensure that enough of them stay in the ocean to feed pelicans, sea lions, salmon, and other marine predators.”

“This decision holds the Fisheries Service to fundamental standards intended by Congress, which require the government to sustainably manage our nation’s fisheries for the benefit of both fishermen and dependent species,” added Mariel Combs, Pacific Counsel for Oceana.

The decision strikes down the rule currently in place. Now the agency must promulgate new management limits based on the best available science.

“This decision is a huge victory for the ocean’s little fish, and in turn the larger fish and wildlife, that depend upon them,” said Geoff Shester, California campaign director and senior scientist for Oceana. “An abundant anchovy population also supports California’s coastal economy including sport fishing and whale watching. The court delivered an important win for science, marking a turning point that will force fishery managers to safeguard some of the most important fish in the sea.”

 

New York’s Gov. Cuomo to Trump: Oil drilling off NY coast would kill economy, wildlife

January 17, 2018 — Oil slicks off Coney Island. Disruptions at the largest container port on the East Coast. Empty nets for New York’s fishing industry.

With these scenarios in mind, Gov. Andrew Cuomo issued a formal request on Monday for New York to be exempted from the Trump administration’s proposed plan to expand offshore oil drilling to every coastal state.

Cuomo said New York state’s coastal economy generates tens of billions of dollars in economic activity and provides hundreds of thousands of jobs, all of which would be threatened by toxic chemicals released during drilling and from oil spills. There are currently no oil wells off the Atlantic coastline.

Cuomo’s letter to Interior Secretary Ryan Zinke comes a week after Zinke said the Trump administration would allow the state of Florida to be exempted from the controversial plan, called the OCS Oil and Gas Leasing Program.

According to the Associated Press, after a short meeting between Zinke and Florida’s Republican Gov. Rick Scott at a local airport, Zinke said oil drilling in the Atlantic Ocean off Florida and in the eastern Gulf of Mexico would be “off the table” because of Florida’s reliance on tourism. Other coastal states immediately clamored to be exempt as well.

In his letter to Zinke issued on Monday, Cuomo wrote in part, “Your decision to remove Florida from consideration of any new oil and gas platforms before your department has even concluded its public fact-finding process appears arbitrary. Nevertheless, to the extent that states are exempted from consideration, New York should also be exempted.”

Cuomo said that an oil spill offshore New York’s Atlantic coast “would cripple the state’s ocean tourism economy and devastate coastal ecosystems, and toxic chemical releases associated with day-to-day drilling operations and pipeline leaks would negatively impact marine and other wildlife.” He added that just this week two of the world’s 450 remaining North Atlantic Right whales were observed off Montauk.

Read the full story at the Brooklyn Daily Eagle

 

South Carolina: Gov. McMaster makes official request for South Carolina oil drilling exemption

January 17, 2018 — South Carolina Gov. Henry McMaster has formally requested that federal officials take South Carolina off the list for oil and natural gas leases in the Atlantic Ocean.

This is after U.S. Department of the Interior Secretary Ryan Zinke unilaterally removed Florida from the 2019-2024 proposed plan for offshore drilling following a brief meeting with Florida Gov. Rick Scott on Jan. 9.

Zinke had announced on Jan. 4 that the Department of the Interior’s Bureau of Ocean Energy Management had opened 98 percent of undiscovered, technically recoverable oil and gas resources in federal offshore areas available to consider for future exploration and development. Zinke said Florida is exempt because it is “unique and its coasts are heavily reliant on tourism as an economic driver.”

On Jan. 10, McMaster stated during a press conference: “I am opposed to offshore drilling off the South Carolina shore. I am opposed to seismic testing off the South Carolina shore. Our tourism industry and our glorious natural resources particularly in the Lowcountry are beyond compare in the United States. They are the source of enormous economic growth and prosperity and we can’t take a chance with those resources, those industries and that economy. It’s just too important.”

On that same day, McMaster officially made the request to Zinke’s office for a meeting to discuss removing South Carolina from the list. McMaster did not respond to questions from the Georgetown Times concerning the request.

Members of a grassroots group called Stop Oil Drilling in the Atlantic, or SODA, based in Pawleys Island say they are excited about McMaster’s request. They are urging the public to contact McMaster and other U.S. elected officials to express their support for removing South Carolina from the list.

“We trust that the will of the people most impacted by this public decision will be taken very seriously and heard,” said SODA leader Rev. Jim Watkins. “That is why it is really important to get behind the governor and thank him and and urge him on.”

He also said, “I hope that the state legislature and public officials all across the state will have a united front to help us get removed from the plan. I think that the governor’s action should be a rallying point for not only public officials but everyone.”

Watkins stressed that the issue is not a partisan issue and drilling for oil and natural gas is opposed by many Republicans and Democrats. Governors of both parties from most East Coast states are opposed to offshore drilling, including New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Jew Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina and Florida, according to the Associated Press.

Read the full story at South Strand News

 

Susan Murray: Crude plan puts Alaska’s fisheries at risk

January 15, 2018 — Last week, the Trump administration unveiled an extreme proposal to open nearly all United States federal waters off Alaska to offshore oil and gas leasing. Under the Draft Proposed Program for the 2019-2024 Outer Continental Shelf Oil and Gas Leasing Program, only the North Aleutian Basin (which contains Bristol Bay) would be safe from potential oil and gas leasing activity. Areas such as the Gulf of Alaska that have not seen a lease sale since the early 1980s, and regions that have never been considered for exploration like the Aleutians, Bering Sea and Kodiak have suddenly been put at risk.

The Gulf of Alaska faced oil and gas lease sales when the first federal offshore leases were offered in Alaska as part of the 1976-1981 program. At that time, 600,000 acres of the seafloor, starting 10 miles off Cape Suckling and stretching to Yakutat, were leased and twelve exploratory wells were drilled. None yielded commercially significant quantities of oil or gas, and thankfully there were no catastrophes from this misguided effort. Further sales were scheduled between 1997 and 2002, but were canceled due to a lack of interest from industry. It was a bad idea then, and it is a bad idea now.

The Bureau of Ocean Energy Management (BOEM) now estimates the recoverable oil and gas reserves in the Gulf of Alaska at around 600 million barrels of oil. Current U.S. consumption is about 20 million barrels per day. In other words, burning through the estimated Gulf of Alaska oil reserves might fuel our country for a mere month. BOEM’s low estimate of environmental and social costs of exploration activities and “small” spills (up to 4 million gallons!) is a staggering $100 million. That doesn’t even include the costs of a catastrophic oil spill, like BP’s Deepwater Horizon disaster, which they claim they will analyze later.

The Gulf of Alaska ecosystem is already stressed, and many fishermen will tell you that things do not look good. Halibut are smaller, Chinook salmon are disappearing, and the Pacific cod stock is collapsing. To add the stress of offshore oil and gas exploration and drilling to the mix is both thoughtless and irresponsible.

Read the full story at the Cordova Times

 

Cape Cod Times: A landmark fisheries plan

January 15, 2018 — For seafood lovers, there’s nothing better than a lightly battered scallop, freshly harvested from the North Atlantic, and dipped in simmering butter. And now that federal regulators have agreed to open an area east of Nantucket, closed since the 1990s, fishermen could catch as much as $218 million worth of scallops this year, and $313 million over three years. Expect those fried scallop plates to cost less this summer.

The reopening of the sea bed is just one of the many beneficial outcomes of a new fisheries management plan that was nearly 15 years in the making. The landmark set of regulations opens a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species. The plan uses science and the latest technology to decide which ocean areas are important for the critical life stages of fish and shellfish species and how to protect them.

Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating. Now, with a model that compares the sea bed with the impact of fishing, regulators can make decisions that will help restore and protect fish stocks. The new plan also sets aside research areas to investigate the link between habitat and fish productivity.

“We think these are groundbreaking regulations,” said John Bullard, NOAA’s outgoing regional administrator, who issued the regulations as one of his last acts on the job. “It puts the focus on the quality of the habitat protected — not the quantity, or how many square miles were protected.”

Cape fishermen are pleased with at least two elements of the plan. They cheered the closing of a large part of the Great South Channel that runs between the Cape and Georges Bank because it is essential habitat for spawning cod and other fish species. State and federal surveys have found that the region’s cod population has plummeted by about 80 percent over the past decade. Closing this area will now help ensure the continued survival of species like Atlantic cod, haddock, and flounder for years to come.

Read the full opinion piece at the Cape Cod Times

 

2018 will be good year for clam chowder, Bumble Bee, thanks to NOAA moves

January 9, 2018 — The makers and fans of New England clam chowder, including Bumble Bee Seafood, can feel confident that the kind of mollusk most often used to make the soup — ocean quahogs — will be in ample supply in 2018 thanks to two moves made recently by the National Oceanic and Atmospheric Administration (NOAA).

Ocean conservationists, however, are not breaking out their party hats and noisemakers.

When John Bullard, NOAA’s northeast regional administrator, informed the New England Fishery Management Council last week that the agency will authorize the majority of NEFMC’s Omnibus Essential Fish Habitat Amendment 2 (OA2), many focused on the positive ramifications for scallop harvesters.

But NOAA’s approval of the council’s new plan for balancing the conservation of different sea life with the concerns of local fishermen also came with good news for harvesters of ocean quahogs and surf clams. Bullard informed NEFMC that his agency also agrees with its suggestion to provide a one-year exemption for clam harvesters to prohibitions against the controversial use of hydraulic dredging gear in the Great South Channel habitat management area (HMA), a deep-water passage that cuts between Nantucket and Georges Bank.

Read the full story at Undercurrent News

 

Fishing officials ease restrictions in waters off New England

January 8, 2018 — After 15 years of research and deliberation, federal fishing officials this week approved a landmark set of regulations that will open a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species.

The opening of one area east of Nantucket, closed since the 1990s, could be extremely lucrative, allowing fishermen to catch as much as $160 million worth of additional scallops in the coming fishing season, regulators estimate.

“The scallop industry is thrilled to be able to access significant scallop beds,” said Drew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington D.C., which represents the scallop industry. “Allowing rotational scallop fishing on these areas will increase the scallop fishery revenue in the short term and in the long run.”

Yet many in the industry had hoped that the National Oceanic and Atmospheric Administration would go further.

Minkiewicz and others objected to the decision to maintain the ban on fishing on the northern edge of Georges Bank, where there are significant amounts of scallops but also vulnerable species such as juvenile cod.

Minkiewicz said the industry would continue to press NOAA to reconsider opening those fishing grounds.

“The scallop industry respectfully disagrees with [NOAA’s] conclusion that allowing limited scallop fishing [there] . . . was not consistent with the law,” he said.

NOAA officials said that opening such areas could be harmful to some fish.

Read the full story at the Boston Globe

 

NOAA to open New England scallop areas, invite record harvest

January 5, 2018 — New England sea scallop fishers can start planning now for what promises to be their best season in 14 years, thanks to a decision coming soon from the US National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service (NMFS).

John Bullard, the outgoing administrator of NOAA’s greater Atlantic region, informed the New England Fishery Management Council (NEFMC), in a five-page letter sent late Wednesday, that the agency will follow most of its recommendations with regard to the “essential fish habitat” amendment – a long-discussed plan to reset fishing management and conservation practices in the area.

That includes opening up to scallop harvesters an expanded portion of Closed Area I and the western part of the Nantucket Lightship area, two sections of the Atlantic Ocean that have been closed for a decade and are now expected to be loaded with large scallops.

“NMFS determined that the removal of the Closed Area I designations and proposed new designations do not compromise the ability of the council’s fishery management plans to comply with the [essential fish habitat] requirements of the Magnuson-Stevens Act,” Bullard wrote in his letter, which was addressed to John Quinn, NEFMC’s chairman.

Based on surveys reported in September, Closed Area 1, including the previous off-limit “sliver” area and northern portion, contains 19.8 million pounds (9,016 metric tons) of exploitable scallop meat, referring to scallops found with shells that were at least 4 inches wide. Even better, as much as 45.6m lbs (20,670t) of exploitable scallop meat is projected to exist in the west Nantucket Lightship area.

Read the full story at Undercurrent News

 

Trump proposes massive expansion of offshore drilling

January 4, 2018 — The Trump administration is proposing to greatly expand the areas available for offshore oil and natural gas drilling, including off the Pacific and Atlantic coasts.

In the first major step toward the administration’s promised expansion of offshore drilling, Interior Secretary Ryan Zinke said nearly all of the nation’s outer continental shelf is being considered for drilling, including areas off the coasts of Maine, California, Florida and Alaska.

The proposal, which environmentalists immediately panned as an environmental disaster and giveaway to the fossil fuel industry, is far larger than what was envisioned in President Trump’s executive order last year seeking a new plan for the future of auctions of offshore drilling rights. That order asked Zinke to consider drilling expansions in the Atlantic and Arctic oceans.

“This is a start on looking at American energy dominance and looking at our offshore assets and beginning a dialogue of when, how, where and how fast those offshore assets should be, or could be, developed,” Zinke told reporters Thursday.

Read the full story at The Hill

North Carolina asks firms for seismic information

January 2, 2018 — RALEIGH, N.C. — The state Division of Coastal Management (DCM) has asked four companies to submit more information about proposed seismic testing for offshore oil and gas because the original proposals did not consider the latest scientific studies on the harmful effects to marine life.

According to a press release from the division, documentation to show that the companies’ plans are consistent with state coastal management rules were submitted and approved in 2015.

However, the administration of then-President Barack Obama did not approve the testing, and removed waters off North Carolina and the rest of the East Coast from the offshore drilling plan for 2017-22.

Many local governments along the coast, including Emerald Isle, Morehead City, Atlantic Beach and Beaufort, had urged the president not to OK testing and drilling.

Since then, however, President Donald Trump has restarted the process and directed the Bureau of Ocean Energy Management to develop a new offshore drilling plan, expanding the years it would be valid.

According to the DCM release, additional seismic studies have since been conducted and suggest that shipboard seismic airgun arrays can significantly affect marine life.

Spectrum Geo Inc., GX Technology, MCNV Marine North America and TGS-NOPEC Geophysical Co. all want permission to tow arrays of the airguns behind ships, sending pulses to the ocean floor to locate oil and gas deposits.

DCM sent the companies letters requiring more information supporting their position that the plans meet state coastal policies.

Southport resident Randy Sturgill, who helped coordinate local and statewide anti-drilling-and-testing opposition efforts in North Carolina for Oceana, an international conservation group, said Friday it was good to see that the state “has its finger on the pulse,” not only on state residents’ feelings about offshore seismic testing and oil and gas drilling, but also on the latest science about the testing.

Read the full story at the Carteret County News-Times