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Commercial Fishermen, Other Members of Seafood Industry Challenging NOAA’s Red Grouper Reallocation

May 11, 2022 — Last week SeafoodNews reported on NOAA’s Amendment 53, a new rule in the Federal Register regarding the reef fish fishery of the Gulf of Mexico. The final rule revised the annual catch limits (ACLs) and annual catch targets (ACTs) for both the commercial and recreational sectors, reallocating 20% of the commercial red grouper quota to the recreational sector. The decision had commercial fishermen and others in the industry up in arms. But they’re not just sitting back. A lawsuit has been filed challenging the legality of the decision to reallocate the red grouper quota to recreational fishermen.

The lawsuit was filed late on Friday in the U.S. District Court for the District of Columbia by A.P. Bell Fish Company, the Southern Offshore Fishing Association, and the Gulf of Mexico Reef Fish Shareholders’ Alliance.

“This case is about the government’s allocation of fishing privileges for catching red grouper in the Gulf of Mexico between two user groups,” reads the suit. “The challenged agency action takes fish away from the commercial sector, and gives them to the recreational fishing sector. But the recreational sector is wasteful, catching and throwing back millions of red grouper each year, of which hundreds of thousands die. Allocating more fish to the recreational sector will increase this waste, reduce the amount of fish available for consumption, and increase the risk of overfishing the stock. These outcomes are unlawful.”

The Gulf Coast Seafood Alliance (GCSA) made their opinions on NOAA’s decision very clear in an analysis that can be found here. Meanwhile, the recently filed lawsuit can be found here.

Read the full story at Seafood News

Gulf of Mexico commercial fishing groups sue US government over red grouper reallocation

May 11, 2022 — Gulf of Mexico commercial-fishing groups have filed suit against the U.S. government, alleging a reallocation of red grouper catch shares illegally favors the recreational-fishing sector.

The lawsuit, filed Friday, 6 May, challenges the National Marine Fisheries Service’s implementation of Amendment 53, which was announced on Monday, 2 May and which is set to come into effect 1 June, 2022. The new rule amends the fishery management plan for reef fish resources in the Gulf of Mexico so that the allocation of the red grouper catch to the commercial sector is lowered from 76 percent to 59.3 percent, while increasing the recreational catch-share from 24 percent to 40.7 percent.

Read the full story at SeafoodSource

 

N.C. Court of Appeals hears arguments from OAG, CCA-NC

May 10, 2022 — A decision from three N.C. Court of Appeals judges will determine whether a civil suit between the Coastal Conservation Association’s North Carolina branch and state fisheries managers is going forward or is dead in the water.

Appellate Court Judges Hunter Murphy, Tobias Hampson and April Wood received arguments April 26 from attorneys for CCA-NC and from the N.C. Office of the Attorney General. The OAG is appealing a Wade County Superior Court decision to deny a motion to dismiss the civil suit against state fisheries managers. The appellate judges with announce their decision at a date to be determined.

Read the full story at the Carteret County News-Times

Gulf Coast Seafood Alliance Supports Lawsuit Challenging Unlawful Red Grouper Quotas

May 9, 2022 — The following was released by the Gulf Coast Seafood Alliance:

Commercial fishermen and members of the Gulf of Mexico seafood industry have filed a lawsuit challenging the legality of a recent decision by NOAA Fisheries to reallocate red grouper quota to recreational fishermen at the expense of the commercial fishery. The Gulf Coast Seafood Alliance (GCSA) supports the efforts by the Gulf of Mexico Reef Fish Shareholders’ Alliance, Southern Offshore Fishing Association, and A.P. Bell Fish Company to challenge this decision, in an effort to restore a fair allocation for commercial fishermen.

The lawsuit, filed late on Friday in the U.S. District Court for the District of Columbia, challenges recent red grouper allocations approved by NOAA as part of Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico.

The plaintiffs indicated they will seek expedited review.

Amendment 53 drastically reallocates the quota for red grouper. It increases the recreational share of the quota from 24 percent to 40.7 percent, while decreasing the commercial share from 76 percent to 59.3 percent. Simultaneously, the Amendment decreases the overall available red grouper quota in order to account for increased grouper discards from the recreational fishermen.

According to the lawsuit, this allocation “unlawfully benefit[s] the recreational fishing sector, harm[s] the commercial fishing sector and seafood consumers, and jeopardize[s] conservation,” while going against the conservation goals set out in the Magnuson-Stevens Act, the federal law governing U.S. fishery management. It notes that the Amendment is only the latest in a series of decisions showing “unlawful favoritism” to recreational fishermen.

GCSA has previously criticized Amendment 53 in its own analysis. GCSA specifically has criticized the Amendment for the flaws in the process that led to its adoption, the inadequate economic analysis that supported its allocation decision, and the legal precedents that the Amendment violates.

The complaint specifies ten causes of action, demonstrating that Amendment 53 violates:

  • Magnuson-Stevens Act National Standard Four, which requires that allocations of fishing privileges “shall be…fair and equitable to all such [U.S.] fishermen” and “reasonably calculated to promote conservation.”
  • Magnuson-Stevens Act National Standard Nine, which requires that “[c]onservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.”
  • Magnuson-Stevens Act Section 303(a)(11), which requires that any Fishery Management Plan “establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, and include conservation and management measures that, to the extent practicable and in the following priority—(A) minimize bycatch; and (B) minimize the mortality of bycatch which cannot be avoided.”
  • Magnuson-Stevens Act Section 303(a)(15), which requires all Fishery Management Plans to “establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan) implementing regulations, or annual specifications, at a level that overfishing does not occur in the fishery, including measures to ensure accountability.”
  • Magnuson-Stevens Act National Standard One, which requires that “[c]onservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.”
  • Legal requirements regarding the setting and review of optimum yield as specified in Magnuson- Stevens Act Sections 303(a)(3), 303(a)(4)(A), AND 302(h)(5).
  • Magnuson-Stevens Act National Standard Two, which requires that “conservation and management measures shall be based upon the best scientific information available.”
  • Magnuson-Stevens Act National Standard Eight, which requires that NOAA must “take into account the importance of fishery resources to fishing communities.”
  • The Administrative Procedure Act (APA).
  • The National Environmental Policy Act (NEPA).

Related:
Despite Flawed Procedures, Economic Inaccuracies and Legal Precedents, NOAA Acts to Take Fish from Families, Markets, Restaurants and Consumers

Gulf of Mexico Reef Fish Shareholders’ Alliance: Statement on Red Grouper Quota Instability

 

Lobster groups mount uncertain First Circuit fight on fishery’s future

May 4, 2022 — Arguing before a skeptical First Circuit, an attorney representing a group of Maine lobster fishermen said a federal rule designed to protect the endangered North Atlantic right whale targets a portion of the ocean where there are no right whales.

“We need to figure out where the whales are and target those areas,” said attorney Alfred Frawley IV at oral arguments Tuesday before the federal appeals court in Boston.

But the First Circuit appeared to give Frawley a frosty reception, saying at one point that the record lacked evidence that the seasonal closure would lead to lost lobster boats and jobs across the coast of Maine.

The National Marine Fisheries Service issued the rule at issue in 2021, closing a 967-square-mile strip of ocean off the coast of Maine to the use of vertical line buoys, a method of fishing most common with lobster fishermen, between the months of October and January.

Regulators say the move is meant to protect the endangered North Atlantic right whale, whose population is hovering at about 336. One of the biggest threats to the animal is entanglements, with some of the most common entanglements involving lines and buoys.

Read the full story at Courthouse News Service

US Company Indicted for Illegally Smuggling Valuable Eels

May 4, 2022 — The federal government has indicted a seafood distributor and eight of its employees and associates on charges of smuggling valuable eels.

The company, American Eel Depot of Totowa, New Jersey, is the biggest importer and wholesale distributor of eel meat in the country. The Justice Department said on April 29 that the defendants in the case conspired to unlawfully smuggle large numbers of baby European eels out of Europe to a factory in China.

Read the full story at U.S. News & World Report

 

Biden named in North Atlantic commercial fishing ban lawsuit filed by fishermen

April 14, 2022 — Fishermen in Massachusetts and New Jersey are challenging a Biden administration proclamation in court.

The fishermen have filed a lawsuit, Fehily et al. v. Biden et al., in U.S. District Court for the District of New Jersey alleging the proclamation that bans commercial fishing in the North Atlantic Ocean, primarily the Georges Bank area, saying it harms their ability to earn a living.

“The creation of the Northeast Canyons and Seamounts Marine National Monument violated the core requirements of the Antiquities Act to limit protections to specific monuments,” Pacific Legal Foundation attorney Frank Garrison said in a news release. “Most fundamentally, the Act gives the president authority to create monuments on federally owned or controlled land. The ocean is not land. Presidential action that goes beyond laws passed by Congress undermines the democratic process and the Constitution’s separation of powers.”

Read the full story at The Center Square

US fishermen file another lawsuit challenging Northeast Seamounts monument

April 14, 2022 — Fishermen from the U.S. states of New Jersey and Massachusetts have once again filed a lawsuit challenging the creation of the Northeast Canyons and Seamounts Marine National Monument.

The national monument was first established by former U.S. President Barack Obama in 2016, who created the nearly 5,000-square-mile monument in the Georges Bank area of the Northwest Atlantic Ocean via executive order. The monument effectively banned commercial fishing in the area, with only red crab and lobster fishermen allowed to use the area – with plans to phase out that fishing by 15 September, 2023.

Read the full story at SeafoodSource

 

Fishermen from Mass., N.J., sue federal government to block ban on fishing near Gulf of Maine

April 13, 2022 — Two fishermen, one from Massachusetts and one from New Jersey, filed a lawsuit Tuesday challenging a Biden administration ban on commercial fishing in the Georges Bank area of the North Atlantic Ocean.

David T. Malley of Massachusetts and Patrick Fehily of New Jersey are commercial fisherman who work near the Gulf of Maine, within the roughly 5,000 square miles that President Biden designated in October as the Northeast Canyons and Seamounts Marine National Monument, according to court documents.

Malley, a fisherman for more than 50 years, and Fehily, a fisherman for more than a decade, name Biden, Secretary of Commerce Gina Raimondo, and Secretary of Interior Deb Haaland as defendants in the suit, filed in US District Court in New Jersey, according to court documents.

Read the full story at The Boston Globe

Trawler critics aim to appeal court’s herring decision

April 6, 2022 — Gulf of Maine fishermen are looking to appeal a federal judge’s reversal of an exclusion zone that keeps herring mid-water trawlers 12 miles offshore.

The March 4 ruling by U.S. District Court Judge Leo Sorokin in Boston could reopen some Northeast waters to mid-water herring trawlers, reversing the 2019 rule change that shut them out of a broad swath of the nearshore Atlantic from Long Island to the Canadian border.

In November 2019 the National Marine Fisheries Service approved a measure by the New England Fishery Management Council to create an exclusion zone for mid-water trawling 12 miles offshore – with a bump out to 20 miles east of Cape Cod.

The Sustainable Fisheries Coalition, representing trawl operators, brought their appeal soon after to the federal court, arguing the New England council’s science advisors could not identify adverse impacts, and that trawling critics brought more influence to bear on the council and NMFS.

In his opinion Judge Sorokin wrote that the “localized depletion” concept put forth by those in opposition to the mid-water trawlers has not been adequately defined by NMFS, leading him to decide the exclusion zone decision violated National Standard 4 of the Magnuson-Steven Fishery Management and Conservation Act.

Read the full story at National Fisherman