WASHINGTON (Saving Seafood) — November 29, 2016 — Last week, environmental group Oceana filed a lawsuit alleging that a recent National Marine Fisheries Service (NMFS) specification rule allows commercial fishing for northern anchovy at levels that threaten the anchovy population and the marine ecosystem. The complaint was filed against the NMFS, Secretary of Commerce Penny Pritzker, and the National Oceanic and Atmospheric Administration (NOAA) in the District Court of Northern California.
The specification rule in question, announced October 26, 2016 under the Coastal Pelagic Species Fishery Management Plan, set an annual catch limit (ACL) of 25,000 metric tons for the central subpopulation of anchovy. In its lawsuit, Oceana claims that the NMFS did not articulate the scientific basis for this ACL, did not base the ACL and related management measures on best available science, and did not explain how it would prevent overfishing and protect the West Coast marine ecosystem’s food web.
In doing so, Oceana claims that the rule violates the Magnuson-Stevens Fishery Conservation and Management Act and the Administrative Procedure Act. The complaint claims that the northern anchovy population has severely declined since 2009, and that northern anchovy are “one of the most important forage species” in the California marine ecosystem.
“The Fisheries Service’s actions and failures to act have harmed Oceana’s members’ interest in rebuilding and maintaining a healthy and sustainable population of northern anchovy and a healthy ocean ecosystem,” said the lawsuit, which was filed by lawyers from Earthjustice on Oceana’s behalf. “This harm will continue in the absence of action by the Court.”