Saving Seafood

Florida senators back push for federal help with red tide

May 31, 2019 — Florida’s senators are pushing the Commerce Department to issue a disaster declaration over Florida’s wildlife-killing red tide.

Florida’s latest bout with red tide brought images from up and down the state’s Gulf Coast of dead fish washing ashore after being choked by a surge of oxygen-hogging algae.

“Southwest Florida’s coasts have provided an important source of opportunity for generations of families who have built their livelihoods on these productive waters,” Sens. Marco Rubio and Rick Scott, both Republicans, wrote in a Wednesday letter to Commerce Secretary Wilbur Ross. “To best support these working families in their time of need following the recent significant and persistent red tide events, we ask for your assistance in promptly fulfilling the State of Florida’s request for a federal fishery resource disaster declaration.”

Read the full story at The Hill

Pacific Council Finalizes Generally Improved Salmon Seasons for 2019

April 17, 2019 — Most salmon trollers can expect better ocean salmon seasons this year — while also meeting conservation goals, fishery managers said Monday.

The Pacific Fishery Management Council finalized its recommendations for 2019 salmon seasons at its meeting in Rohnert Park, Calif., for seasons beginning in May.

The seasons must still be approved by the U.S. Secretary of Commerce, but managers said that is expected.

The adopted regulations for Chinook salmon reflect the improved status of Sacramento River fall Chinook, Oregon managers said in a notice to industry. Rogue River fall Chinook and Klamath River fall Chinook populations both are in good and fair condition, respectively, they added.

Also, most of the north migrating stocks of Chinook (Oregon Coastal Chinook stocks from the Nehalem River south to the Elk River as well as a number of Columbia River Chinook stocks) are in moderate to poor condition. These north migrating stocks of Chinook contribute very little to Oregon’s ocean seasons but are very important to Oregon’s inside estuary and river recreational seasons.

The commercial ocean troll salmon seasons north of Cape Falcon will have very limited Chinook salmon quotas again this year. The ocean fishery will be managed by quotas, season length, and vessel landing week (Thursday-Wednesday) limits. The early Chinook salmon-only season will start on May 6. The season will continue until the overall quota of 13,200 Chinook or the Leadbetter Pt., Washington, to Cape Falcon (in northern Oregon) subarea cap of 1,800 Chinook is taken, or June 28, whichever comes first. Fishermen will be limited to 100 Chinook per vessel for the period of May 6-15 and then shift to a 50 Chinook per vessel per landing week (Thursday-Wednesday), beginning May 16.

The summer all-salmon fishery north of Cape Falcon will open on July 1 and continue through the earlier of the overall Chinook quota of 13,050 Chinook or 30,400 fin clipped coho, managers said in the notice to fishermen. Trollers will also be limited to 150 adipose fin-clipped coho during the landing week (Thurs-Wed) per vessel.

This year’s fisheries were designed to take advantage of a higher number of coho salmon forecast to return to Washington’s waters as compared to recent years, Kyle Adicks, salmon policy lead for the Washington Department of Fish and Wildlife, said in a press release. However, projected low returns of key Chinook stocks in Puget Sound prompted fishery managers to restrict fisheries there.

“We’re able to provide more opportunities to fish for coho in some areas, particularly in the ocean and Columbia River, than we have been able to do for several years,” Adicks said. Coho fisheries generally benefit sport fishermen but can constrain commercial fishermen targeting Chinook if coho is taken incidentally. “But continued poor returns of some Chinook stocks forced us to make difficult decisions for fisheries in Puget Sound this year.”

Again in 2019, fishery managers projected another low return of Stillaguamish, Nooksack and mid-Hood Canal Chinook and took steps to protect those stocks.

WDFW Director Kelly Susewind acknowledged the reductions in Puget Sound salmon fisheries are difficult for both fishermen, primarily sport fishermen, and the local communities that depend on those fisheries.

“Reducing fisheries is not a long-term solution to the declining number of Chinook salmon,” Susewind said. “The department will continue working with the co-managers, our constituents, and others to address habitat loss. Without improved habitat, our chinook populations will likely continue to decline.”

Limiting fisheries to meet conservation objectives for wild salmon indirectly benefits southern resident killer whales. The fishery adjustments will aid in minimizing boat presence and noise, and decrease competition for Chinook and other salmon in these areas critical to the declining whales, WDFW said in a press release.

In the rest of Oregon, from Cape Falcon to Humbug Mountain near Port Orford in southern Oregon, the Chinook salmon season will be open April 20-30, May 6-30, June 1-Aug. 29, and Sept. 1 through Oct. 31. Beginning Sept. 1, a 75 Chinook salmon per vessel weekly limit (Thursday through Wednesday) will be in place.

From Humbug Mt. to the Oregon/California border, the commercial troll fishery will be open April 20-30 and May 6-30. Beginning June 1, landing week (Thurs-Wed) limits of 50 Chinook per vessel will go into effect along with monthly quotas of 3,200 Chinook in June; 2,500 in July; and 1,200 in August (8/1-29).

“I really appreciate everybody’s work this week,” Oregon Department of Fish and Wildlife Fish Division Deputy Administrator Chris Kern said on the Council floor. “[It was] a lot of hard work, but I feel pretty good about where we landed.”

Similarly, California trollers should expect more time on the water this year.

Brett Kormos, with the Marine Region of the California Department of Fish and Wildlife, noted the two primary rivers, Sacramento and Klamath River, that contribute fall Chinook to ocean salmon fisheries are still in a rebuilding phase or overfished status. Still, “we are also looking at increased harvest opportunities in both commercial and recreational sectors in 2019 compared to 2018,” Kormos said.

Fishery managers modeled the seasons and limits to allow for a Sacramento River fall Chinook spawning escapement of 160,129 hatchery and natural area adults.

This story has been republished here with the permission of SeafoodNews.com. 

The shutdown: How the furloughs affect federal fisheries

January 23, 2019 — When the staff of the New England Fishery Management Council returned to their offices following the winter holiday break to a partial shutdown of the federal government, there was cause for concern, but no alarms were set off.

“We were OK at first,” said Janice Plante, the council’s public affairs officer. “We were plugging along post-holidays, doing what we could without being in touch with our federal partners. There’s always plenty to do to start a new year.”

Then the calendar alerts began popping up, signifying that the days ahead were about to become a lot more difficult for the staff.

“The deeper we’ve gone into [the shutdown],” said Plante, “the more challenging it has become for all of us.”

President Donald Trump refuses to sign any fiscal 2019 appropriations bills that do not include $5.6 billion for the construction of his campaign-promised wall on the U.S.-Mexico border, and Democratic leaders refuse to sign off on any new bill that includes funds for the wall.

The stalemate has led to an estimated 800,000 federal workers furloughed or forced to work without pay. NOAA employees, working under the Department of Commerce, involved in the regulation of commercial fisheries and stationed in the regional fishery science centers fall under the furloughed category.

Read the full story at National Fisherman

NORTH CAROLINA: Gov. Cooper calls for federal help for fisheries hit by Florence

November 9, 2018 — Gov. Roy Cooper is calling for federal help for North Carolina’s commercial and recreational fisheries impacted by Hurricane Florence in September.

In a letter to Secretary Wilbur Ross, Cooper asked the U.S. Department of Commerce to declare a federal fishery resources disaster, because of the damage caused by Hurricane Florence. Declaring a federal fishery resource disaster can assist with long-term relief for families that rely on recreational and commercial fisheries.

Read the full story at The Outer Banks Voice 

MASSACHUSETTS: US Senator Elizabeth Warren urges NOAA, DOC to keep fishing permits in New Bedford

October 18, 2018 — United States Senator Elizabeth Warren (D-Massachusetts) sent a letter 15 October to the U.S. Department of Commerce and the National Oceanic and Atmospheric Administration urging both organizations to keep 42 federal fishing permits in the town of New Bedford.

NOAA has called for the permits revocation in the wake of the Carlos Rafael, or “Codfather,” case. Rafael is currently serving a 46-month prison sentence for his role in quota and tax evasion schemes in New Bedford, which included misreporting hundreds of thousands of pounds of groundfish catches.

Most recently, NOAA has issued a 51-page superseding charging document related to the case that would increase the civil penalties associated the case from USD 1 million (EUR 867,000) to USD 3 million (EUR 2.6 million).

In the letter, Warren calls on the organizations to punish Rafael, not New Bedford.

“He pleaded guilty to crimes associated to this case, and is rightly in jail, but many innocent people are also paying the price for his crimes,” Warren wrote. “These permits cover a significant portion of the ground fish industry and have an economic footprint that goes far beyond fish landings.”

New Bedford’s landings, and economy, were both impacted heavily by a lengthy ban on all groundfishing that NOAA enacted in the wake of the quota misrepresentation. A blanket ban on all 60 sector IX vessels lasted through to July of this year, sending landings into sharp decline.

That economic impact, which is harming many businesses in New Bedford, is why the permits should stay, Warren said.

“Millions of dollars of regional economic activity depend on Mr. Rafael’s permits remaining in the City of New Bedford,” she wrote. “An innocent community should not be collateral damage for one business’s crimes.”

Read the full story at Seafood Source

Regulators want reports from lobstermen to fill ‘giant black hole of data’ on offshore fishery

June 18, 2018 — The National Marine Fisheries Service wants all Maine lobstermen who haul traps in federal waters to share their fishing data.

Currently, only lobstermen who fish for something else, such as groundfish, must share their data with federal authorities, but the service wants to start collecting better data on the growing offshore fishery. It has announced its plan to draft a new rule that will require all those who lobster in federal waters to report exactly when, how and where they fish.

“There is a giant black hole of data when it comes to the offshore lobster fishery, which appears to be growing and changing fast,” Peter Burns, a National Marine Fisheries Service fishing policy analyst, said on Friday. “Lobster is so important, not just in Maine, but in New England, too. We need more data to better understand this lucrative fishery and protect it.”

The proposal has a long way to go before it could go into effect, requiring two rounds of public hearings and approval from the highest level of the U.S. Department of Commerce. The first round of public comments must be submitted by July 16. If the agency decides to move ahead, it would solicit public comment one more time. The process could take up to a year.

If the rule is implemented, it would affect roughly 1,000 Maine lobstermen who fish offshore in federal waters but don’t currently have to submit a report, Burns said. About 2,000 federally licensed lobstermen, mostly from Maine, already report the trips because they hold some other federal fishing license, Burns said. About 4,000 Maine lobstermen hold commercial licenses to fish in state waters.

Read the full story at the Portland Press Herald

South Atlantic Council Delays Changes to Atlantic Cobia Management

Fishery managers to wait for Stock ID Workshop preliminary results available in June

March 12, 2018 — JEKYLL ISLAND, Ga. — The following was released by the South Atlantic Fishery Management Council:

After reviewing public comment and considering various management alternatives and timing, members of the South Atlantic Fishery Management Council decided to delay approval of an amendment to remove Atlantic cobia from the current federal management plan. The amendment is designed to reduce complicated regulations and improve flexibility in the management of Atlantic cobia from Georgia to New York.  If approved by the Secretary of Commerce, the move would allow for the fishery to be managed solely by the Atlantic States Marine Fisheries Commission (ASMFC).

The decision came after Council members discussed the need to wait for preliminary results from a Cobia Stock ID Workshop scheduled for April. The current management boundary between Florida and Georgia was established following a 2013 stock assessment. Fishermen and others have expressed concerns about the boundary change since that time. The Council decided to wait until their June 11-15, 2018 meeting, when preliminary results from the Stock ID workshop and Advisory Panel recommendations would be available for consideration before moving forward. Council members also heard concerns from legal counsel that the document should further specify what will happen to regulations in federal waters before the amendment’s approval.

Prized for their delicious taste and relatively large size, the recreational harvest of Atlantic cobia has increased in recent years. The recreational fishery closed in federal waters in June 2016 after landings estimates exceeded the annual catch limit the previous year and closed again in January 2017, as state landings were expected to exceed the federal catch limits. The recreational fishery is currently open in federal waters, but subject to closure by NOAA Fisheries should catch estimates exceed the annual catch limit currently in place. Fish harvested in state waters count against the annual catch limit.

The majority of Atlantic cobia are harvested in state waters, within 3 miles of shore in North Carolina and Virginia. They can also be found offshore and occur more readily in federal waters off the coasts of Georgia and South Carolina as they migrate northward to spawn. Cobia harvested along the east coast of Florida are considered part of the Gulf of Mexico stock and are managed separately.

At the request of the Council, the ASMFC began developing an interstate management plan for Atlantic cobia last year. That plan will become effective in state waters from Georgia to New York in April 2018 and aligns with current federal regulations for Atlantic cobia. Under the ASMFC Interstate Plan, state-specific allocations are established based on the current federal annual catch limit of 620,000 pounds, with North Carolina and Virginia receiving the majority of the allocation based on previous landings.

Individual states have submitted plans for Atlantic cobia (including regulations for a minimum size limit, vessel limit, and season) to the ASMFC based on those allocations. The state regulations are designed to keep harvest levels below the allocated state-specific pounds of Atlantic cobia. Under federal law, the states may also request that state regulations for Atlantic cobia be extended into federal waters.

Comments from fishermen and others received during public hearings held in January and as part of the March Council meeting primarily supported removing Atlantic cobia from the federal management plan and providing the states more latitude in setting regulations based on the ASMFC Interstate Plan.

Once fully removed from the federal management plan, Atlantic Group Cobia would beregulated in both state and federal waters under ASMFC. The Cobia Stock ID Workshop is scheduled for April 10-12, 2018 in Charleston, SC and a benchmark stock assessment will be conducted in 2019. For additional information, visit: http://sedarweb.org/sedar-58.

Other Business

The Council considered over 600 written comments and heard public testimony this week, before voting to send a letter to NOAA Fisheries expressing their concerns on an Exempted Fishery Permit request to conduct research and evaluate pelagic longline catch rates in a portion of an area off the east coast of Florida currently closed to longline fishing. The majority of the comments received, including those from recreational fishing organizations, were in opposition to the permit, citing concerns about discards of recreational and commercially important species, impacts to protected resources, increased landings of dolphin fish, and other concerns. The Council will submit its formal recommendations and a copy of all comments received on the Exempted Fishery Permit to NOAA Fisheries, the agency responsible for making the final decision on issuance of the permit.

The Council also continued work on Snapper Grouper Amendment 46 to improve recreational data collection. The amendment includes options for a private recreational snapper grouper permit designed to improve effort estimates that may eventually be used to improve landings estimates. The amendment also includes options for recreational reporting requirements.  A separate framework amendment will also be developed to address best fishing practices. The Council provided guidance on actions and alternatives.    Two amendments are being developed as part of the Council’s Vision Blueprint for the snapper grouper fishery, a long-term approach to management developed with stakeholder input. Vision Blueprint Regulatory Amendment 26 addresses recreational measures including modifications to aggregate species composition, removal of size limits, changes to bag limits and gear requirements for certain deepwater species, and modifications to shallow water species. Regulatory Amendment 26 would also reduce the recreational minimum size limit for gray triggerfish off the east coast of Florida for consistency with state regulations. Vision Blueprint Regulatory Amendment 27 addresses commercial measures, including alternatives for split seasons for blueline tilefish, snowy grouper, greater amberjack and red porgy. Changes to the trip limit for vermilion snapper, jacks, and modification to the seasonal prohibition on red grouper are also being considered. The Council approved both amendments for public hearings to be held later this spring.

Charter fishermen targeting snapper grouper species in federal waters off the South Atlantic are required to have a federal South Atlantic For-Hire Snapper Grouper permit. At the request of the Council’s Snapper Grouper Advisory Panel and considering public input, the Council reviewed an options paper for public scoping to get input on establishing a moratorium on the issuance of these permits. The moratorium is being considered to help improve logbook reporting compliance, recreational data quality, business planning, professionalize the for-hire fleet, address localized overcapacity, and other concerns. The Council provided recommendations for the scoping document and will review it again during its June 2018 meeting.

The Council bid an emotional farewell to Dr. Michelle Duval, the Council representative for the NC Division of Marine Fisheries and former Council Chair. Dr. Duval also served as Chair as the Council’s Snapper Grouper Committee for several years and was commended for her leadership and guidance during her service on the Council. She joins her husband Scott as they move to Pennsylvania.

Final Committee Reports, a meeting Story Map, Meeting Report and other materials from this week’s Council meeting are available from the Council’s website at: http://safmc.net/safmc-meetings/council-meetings/. The next meeting of the South Atlantic Fishery Management Council is scheduled for June 11-15, 2018 in Ft. Lauderdale, Florida.

 

Seafood Icon, Northern Wind® to Introduce Its New Rebranded Captain’s Call Scallop Product Line at Seafood Expo North America

March 6, 2018 — NEW BEDFORD, Mass. — The following was released by Northern Wind:

Northern Wind, an industry leader as a direct off-loader, processor and distributor of fresh and frozen scallops announced today it will be unveiling its new rebranding of its iconic Captain’s Call product line at Seafood Expo North America. The new identity includes a new brand logo, 1 lb. retail bag, 5 lb. foodservice bag, 5 lb. foodservice box and a 8 lb. fresh container. The rebranding also includes new product sell sheets and shipping boxes. Northern Wind has recently concluded a complete company wide rebranding that will be showcased at Seafood Expo North America that better reflects the many recent changes the company has undergone as well as its vision for the future.

Captain’s Call Scallops signify the most prized item…the best of the fisherman’s catch. That’s why Northern Wind named these scallops Captain’s Call; for all of those hard-charging seaworthy captains who make them their #1 choice. The new logo signifies that and is proudly displayed front and center in the re-designing of the packaging for both the retail and foodservice product lines.

“We wanted our new Captain’s Call brand identity to reflect our leadership position within the industry and our commitment to be the very best at what we do for our customers,” said George Kouri, CEO of Northern Wind.

Founded in 1987, and headquartered on the historic New Bedford, Massachusetts waterfront, Northern Wind’s state-of-the-art facility is certified by the U.S. Department of Commerce Seafood Inspection Program for packing of USDC Grade A Fresh and Frozen Scallops. Northern Wind was the first in the nation to receive Fair Trade™ Certification and during the 2017-18 fishing season purchased over 1 Million pounds of Fair Trade scallops. In addition, Northern Wind’s start-of-the-art processing facility is BRC and MSC certified.

Northern Wind offers a variety of different graded scallops under the Five Star Premium, Mariner’s Choice and Sea Spray brands. Northern Wind has seen explosive growth during the past three years increasing their market share among leading chain restaurants and through the mainstream supermarket channel.

As a direct off-loader of scallops, Northern Wind never compromises on the quality and safety of their scallops. Northern Wind’s state-of-the-art facility is the most advanced in the industry and was designed to meet today’s manufacturing regulatory demands, quality control and product traceability to ensure years of future growth.

“The past three years has been an exciting time for Northern Wind. Our customers now realize that they can capitalize on the scope and depth of our capabilities, which in turn has increased the demand for our products. This has directly led us to make new hires, implement our new branding and position us for future growth,” added Ken Melanson, Founder & Chairman of Northern Wind.

For 30 years, Northern Wind has earned its reputation for providing its customers with only the freshest All natural, wild caught and fleet harvested from the icy pure waters of the North Atlantic. Northern Wind is a member of the American Scallop Association and provides its customers with the freshest seafood products that have been responsibly harvested using sustainable and environmentally friendly practices.

Read the release here.

 

Lawsuit alleges government colluded with sportfishing sector on red snapper

October 19, 2017 — SEAFOOD NEWS — Three additional documents have emerged as part of the lawsuit filed against the US Commerce Department that appear to show an intent to end-run normal channels of public comment and regulated processes for regional council activities, only to serve the needs of the sportfishing industry.

The lawsuit, filed by Ocean Conservancy and the Environmental Defense Fund last July, focused on mismanagement of the Gulf Red Snapper fishery, but documents released last week show the recreational industry expects a level of allowance that flies in the face of the legal requirements of the Magnuson Stevens Act, and the processes for managing fisheries that is contained within it.

The documents are part of a 70-page package submitted by the government in response to the plaintiff’s lawsuit. They show clear intent to receive special treatment when it comes to taking more of the annual catch, and broader influence on choosing who sits on the regional management councils, a process specified by the Magnuson-Stevens Act (MSA) which is poised for reauthorization in 2018.

Moreover, in at least three instances, Department of Commerce employees, after briefing sports industry stakeholders on the requirements of MSA, go on to suggest various legislative — not regulatory — “fixes” for breaking the rules with the red snapper action.

Indeed, the documents point to a blurred state of authorities and influence wielding between the Commerce Department and the US Congress. Whether it is a beleaguered agency’s attempts to protect its standing among Gulf states or an intentional violation of the law remains unclear, but no one is disputing that the regulations within MSA are clear, and have, in the case of red snapper, been ignored.

A letter to commerce secretary Wilbur Ross from Ben Speciale, president of Yamaha Marine Group, was sent on April 3, less than a week after Ross met with Speciale, Mike Nussman, Scott Deal and Pat Murray to discuss the need for a National Oceanic and Atmospheric Administration (NOAA) fisheries administrator who had experience with the recreational sector. Chris Oliver was hired as head of NOAA Fisheries two and a half months later.

Nussman is the president of the American Sportfishing Association, Deal is from Maverick Boats and Murray is from the Coastal Conservation Association.

Ross posed questions to the group and asked them to respond later. One topic that may have been brought up — Ross certainly raised it frequently during his confirmation hearing and in separate interviews following his confirmation — was ways to reverse the seafood imbalance of trade.

It was a topic Speciale responded to in his April 3 letter to Ross.

“We support imposing assessments on imported seafood based on the country of origin’s management program,” wrote Speciale. “We believe this will help level the playing field and allow our domestic commercial fishermen to increase revenue without increasing their landings. We also support efforts to promote aquaculture….and we must not forget that all recreational landed fish are consumed in the US,” Speciale pointed out.

“Promoting recreational fishing is a conservation-minded way of increasing the consumption of US-caught fish,” he wrote.

Speciale did not elaborate on the ramifications of increased per capita consumption coming from sports landings and the impact on sustainably managed populations of fish.

Speciale’s first request was about more red snapper for Gulf of Mexico anglers.

“…we must return to a recreational red snapper season of no less [than] the 60 days for the 2017 and 2018 seasons,” he wrote.

“I understand that the Gulf of Mexico Fishery Management Council and the regional administrator for NOAA Fisheries in the southeast region will present obstacles to this initiative, but they must be overcome so that we may restore a sense of fairness for recreational anglers.”

Speciale continued: “Excessive precaution and fear of frivolous litigation from the environmental industry has created a massive bureaucrat roadblock that has been unfair to anglers and stifled our industry.

“We ask that you overcome these obstacles at the regional fishery management councils and Regional Administrators’ Offices.”

Speciale’s second request was to appoint a person within the Office of Policy and Strategic Planning (currently headed up by Earl Comstock) to have direct oversight on all regional fishery management council appointments. Further, that every appointment should be made only after coordinated consulting with the recreational industry.

Finally, Speciale asked for NOAA Fisheries to adopt a long-term strategy to increase public access to state and federal waters and “eliminate any management effort or technique that attempts to privatize federal fisheries, which are and should remain a public resource.”

Almost two months later, as the red snapper season caught its quota in a matter of days, Shannon Cass-Calay, Chief of the Gulf and Caribbean Branch of the Sustainable Fisheries Division at NOAA Fisheries’ Southeast Fisheries Science Center ran the numbers on what the impact a 45-day extension would have on the red snapper stock in the gulf.

She sent a summary of the research to five of her colleagues, asking them to consider it, emphasizing the uncertainties in the data, and warning that an extended season “…will very likely cause catches to exceed OFL (Over Fishing Limit) and delay recovery by 4-6 years. Each additional overage will degrade the condition of the stock further.”

The final dissemination of that memo is not known, but it must have reached Earl Comstock, because he referenced it in one of two memos to Secretary Ross in early June.

After consulting with all five gulf state fisheries managers, Comstock asked Ross if he could move ahead on crafting an extension to the red snapper season. At the bottom of his first memo to Ross, dated June 1, Comstock hand wrote “Secretary said go with two days plus holidays. OK to proceed.”

On June 7, Comstock sent a memo to Ross preparing him for a hearing on appropriations where Senator Shelby (R-AL) may ask Ross about the gulf snapper issue. He also presented two options for the extension and asked Ross to pick one.

“As discussed, under either option the increased angler catch will result in the overall catch limit for this year being exceeded by 30% and 50%,” Comstock explained to Ross. “Either option would mean that, absent Congressional action to modify the Magnuson-Stevens Act requirements for the gulf, the recreational season next year would be significantly reduced.  All the state fishery managers know this, but agree the coordinated action has the greater long-term benefit,” Comstock wrote.

He acknowledged that either option will be opposed by commercial fishermen and charter operators, and “it will almost certainly draw a lawsuit.”

Comstock noted that any plaintiffs in a suit “cannot get a temporary restraining order because the Magnuson-Stevens Act prohibits them. However, they might be able to get an injunction based on the argument we are violating a recent court order that stopped a 2% reallocation from commercial to recreational that the Gulf Council had adopted,” he wrote.

A third new document appears to depict a National Marine Fisheries Service administrator suggesting work arounds for an action that would be in direct violation of MSA. It’s a memo from Harry Blanchet, Biologist Administrator of the Fisheries Division, Louisiana Department of Wildlife, to John Searle, the Congressional staffer to Louisiana Representative Steve Scalise. Searle had been in discussions with the state fisheries department regarding the red snapper situation.

Blanchet, who also sits on the Gulf Council’s Science and Statistical panel, warned Scalise that “recreational red snapper harvest for 2017 may well overrun the recreational allocation by a substantial amount, and as a result, overall harvest may overrun the total allowable catch.”

Blanchet, like those before him, warned Searle that, “historically, and required by Magnuson, those over-runs would have to be paid back in following years, resulting in even lower recreational quota and thus federal seasons,” he told Seale.

Blanchet’s solution was a waiver.

“My thought was that a simple waiver of those Magnuson requirements in another bill in the current Congress could help a lot in terms of allowing there to be a federal waters recreational red snapper season in 2018. I understand that you may want to do a lot more, but just want to be sure that those payback provisions to not come back to bite next year,” he wrote.

This story originally appeared on Seafood News, a subscription site. It is reprinted with permission.

ASMFC Blasts Secretary Ross Decision on Summer Flounder in Favor of New Jersey’s Recreational Sector

July 18, 2017 — SEAFOOD NEWS — In a stunning decision to grant New Jersey’s recreational summer flounder fishery a waiver from new regulations to conserve the stock, Secretary of Commerce Wilbur Ross has shattered a 75-year practice of honoring the scientific process of the Atlantic States Marine Fisheries Commission. The letter was written to Executive Director Robert Beal and signed by Chris Oliver, Assistant Administrator NOAA Fisheries on July 11, 2017.

Oliver notes that the Atlantic Coastal Act’s compliance process rests on two criteria — whether or not New Jersey has failed to carry out its responsibility under the management plan and if so, whether the measures the state failed to implement are needed for conservation purposes of summer flounder.

Oliver further notes that if the Secretary determines that New Jersey has not been in compliance, the Act mandates that Ross declare a moratorium on that fishery.

“New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective for the recreational fishery,” Oliver wrote.

“While there is some uncertainty about how effective the New Jersey measures will be, considering the information provided by the state, the Secretary has found that the measures are likely to be equivalent in total conservation as those required under Addendum XXVVIII. Therefore, the second criterion of the noncompliance finding is not met and it is unnecessary to implement a fishery moratorium in New Jersey waters in 2017,” Oliver wrote.

“The Commission is deeply concerned about the near‐term impact on our ability to end overfishing on the summer flounder stock as well as the longer‐term ability for the Commission to effectively conserve numerous other Atlantic coastal shared resources,” replied Commission Chair Douglas Grout of New Hampshire.

“The Commission’s finding of noncompliance was not an easy one. It included hours of Board deliberation and rigorous Technical Committee review, and represented, with the exception of New Jersey, a unanimous position of the Commission’s state members. Our decision was based on Technical Committee’s findings that New Jersey’s measures were not conservationally‐ equivalent to those measures in Addendum XXVIII and are projected to result in an additional 93,800 fish being harvested,” Grout added.

Based on the latest stock assessment information, summer flounder is currently experiencing overfishing. Spawning stock biomass has been declining since 2010 and is just 16% above the threshold.

But almost from the day Ross was confirmed as Secretary of Commerce, the political push to oppose further restrictions was underway.

On March 2, 2017, NJ governor Chris Christie “formally requested the new U.S. Secretary of Commerce, Wilbur Ross, to put a hold on severe restrictions on recreational summer flounder fishing adopted recently by a regional fisheries commission, a move that would effectively cripple the state’s fishing industry and have far-reaching impacts on the shore tourism economy,” read an announcement from NJ Department of Environmental Protection Commissioner Bob Martin.

On June 23, Congressman Frank Pallone, Jr. (NJ-06) sent a letter to Ross asking him to consider New Jersey’s response to the ASMFC’s evaluation of the state’s compliance.

“I firmly believe that New Jersey is making every reasonable effort to chart a course forward that adequately balances conservation with the economic needs of fishermen and fishing communities, and I ask that you give the state’s approach a fair and thorough review,” said Pallone.

“New Jersey has proposed that the summer flounder size limit be decreased to 18 inches, with a 104-day fishing season and a 3 bag limit. The state is arguing that its summer flounder regulations reach conservation equivalency with federal regulations, and that its regulations will actually preserve the stock by reducing discard mortality,” Pallone told Ross.

“I respectfully request that you carefully consider the state’s arguments and technical data as you make your decision about whether to find New Jersey out of compliance. Imposing a moratorium on summer flounder fishing in New Jersey would have a devastating impact on the economies of coastal communities that rely on the recreational fishing industry in my Congressional district.

“Additionally, reaching that determination while there continue to be compelling technical and scientific reasons to question the initial decision to cut summer flounder quotas will further erode anglers’ trust in entities like ASMFC, the National Oceanic and Atmospheric Administration, and other fisheries management bodies,” he wrote.

The Commission has not “imposed a moratorium” on summer flounder fishing. Their changes affect the size limit and bag limit that can be taken by the rec sector in New Jersey.

Pallone also introduced a bill in Congress H.R. 1411 titled ‘‘Transparent Summer Flounder Quotas Act’’ simply to overturn the Commission’s tighter management tools for the recreational sector in New Jersey, and to continue the more relaxed regs through 2017 and 2018.

The vast majority of fishery‐independent surveys show rapidly declining abundance. Any increase in overall mortality puts the stock at risk for further declines and increases the probability of the stock becoming overfished.

If the stock falls below the biomass threshold, the Magnuson‐Stevens Fishery Conservation and Management Act requires the Council to initiate a rebuilding program, which could require more restrictive management measures.

New Jersey was not the only state to be concerned about the impact of the approved measures to its recreational fishing community. Two other states submitted alternative proposals that were rejected in favor of the states equally sharing the burden of needed reductions. Those states, as well as other coastal states, implemented the approved measures in order to end overfishing and support the long‐ term conservation of the resource.

“The states have a 75‐year track record of working together to successfully manage their shared marine resources,” continued Chairman Grout.

“We are very much concerned about the short and long‐term implications of the Secretary’s decision on interstate fisheries management. Our focus moving forward will be to preserve the integrity of the Commission’s process, as established by the Atlantic Coastal Act, whereby, the states comply with the management measures we collectively agree upon. It is my fervent hope that three‐quarters of a century of cooperative management will provide a solid foundation for us to collectively move forward in achieving our vision of sustainably managing Atlantic coastal fisheries.”

The Commission is currently reviewing its options in light of Secretary Ross’s action, and the member states will meet during the Commission’s Summer Meeting in early August to discuss the implications of the Secretary’s determination on the summer flounder resource and on state/federal cooperation in fisheries management under the Atlantic Coastal Act.

Meanwhile, Commission members are working on applying a better data collection system for recreational catches that will allow a recalibration of historical catches. That information will be available in the spring of 2018. With that, a new stock assessment will be conducted in the fall of 2018 for a full suite of data to base future management decision on.

The Atlantic States Marine Fisheries Commission was formed by the 15 Atlantic coastal states in 1942 for the promotion and protection of coastal fishery resources. The Commission serves as a deliberative body of the Atlantic coastal states, coordinating the conservation and management of nearshore fishery resources, including marine, shell and diadromous species.

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