Saving Seafood

Have Questions on NPFMC Requests for Emergency Actions? NOAA Fisheries Offers Q&As

February 23, 2021 — The following was released by NOAA Fisheries:

On February 10, 2021, the North Pacific Fishery Management Council made four recommendations to NOAA Fisheries for emergency or expedited changes to Federal fishing regulations.

The Council’s four motions would:

Allow the temporary transfer of catcher vessel halibut and sablefish IFQ for all individual quota share holders for the 2021 fishing season.

  • Move the start date of the 2021 Central Gulf Rockfish Program fishery from May 1 to April 1.
  • Remove vessel use cap regulations for IFQ halibut harvested in IPHC regulatory Areas 4A, 4B, 4C, and 4D for the 2021 IFQ fishing season.
  • Suspend the residency requirements applicable to the Adak Community Quota Entity Program for 2021.

NOAA Fisheries will analyze the Council’s recommendations and, if approved by the Secretary of Commerce, will publish a rule in the Federal Register. This process typically takes five to six weeks but the exact timing may vary for each action.

As we have received numerous inquiries from participants in these Alaska fisheries, we have developed a Questions and Answers webpage to answer the most frequently asked questions on the recommended emergency or expedited regulations.

For additional information or questions about permits or transfer applications, please contact the Restricted Access Management Program at: (800) 304-4846 option #2 or (907) 586-7474 or by email at RAM.Alaska@noaa.gov.

For additional information or questions about regulations and the rulemaking process, please contact the Sustainable Fisheries Division at 907-586-7228.

Read the full release here

ALASKA: City of Adak Asks Court for One-Year Stay to Keep Plant Open for Cod A Season

November 19, 2019 — SEAFOOD NEWS — Last week the city of Adak asked a federal court to stay their order from last March — until January 1, 2021 — so the city’s only processing plant can operate during the Pacific cod season next year.

The March 2019 court decision agreed with plaintiffs representing the Bering Sea bottom trawl fleets that target flatfish, mackerel and cod, that Amendment 113, setting a 5,000 mt cod set-aside for remote villages in the Aleutian Islands, was not compliant with the Magnuson-Stevens Act.

The court vacated Amendment 113 and instructed the North Pacific Fisheries Management Council to work on an amendment that would comply with the legislation in specific areas.

The Council took up the issue, beginning an arduous process of analysis, developing alternatives, and public comment that will take at least another 18 months.

Meanwhile, representatives of the Adak plant, central to the economy of the 350-resident community, began an ambitious effort to find a pathway that would allow the set-aside to continue while the Council worked on corrections to a new amendment. But their efforts fell short, whether it was a plea for emergency action or language in new federal legislation for a temporary fix, last summer.

Even though the Council asked industry sectors to work together for a solution that could keep the Adak plant viable, there was no longer any authority providing a separate allocation for Adak, and little incentive to find an industry-based workaround.

In addition, all fleets targeting Pacific cod in the Bering Sea and the Aleutian Islands were well aware of the recent situation for cod stocks. Recent scientific assessments indicate the biomass is increasing in the northern Bering Sea and decreasing in traditional areas. Was the biomass moving north? How fast? Could the fish be crossing over to Russian waters? The ‘race for fish’ nature of the BSAI fishery made even the previously acceptable 5,000 mt set-aside — now vacated and available to anyone — more valuable than it was a few years ago.

Last Wednesday’s Memorandum in Support of Defendant-Intervenors’ Motion for Limited Relief From Judgment and Indicative Ruling included declarations of support from Adak as well as the Alaska Department of Fish and Game, Golden Harvest plant owner Jason Ogilvie, the Adak School District, and other private enterprises that rely on the winter operations of the plant.

City Manager Lyle Lockett noted that without continuous operation of its sole fish processing plant, Adak will see cascading economic impacts causing irrepairable harm to the community, including the city stopping subsidies to the school district, the medical clinic, the library, the gymnasium, and the community center.
“Shutting down the City Hall building would force all of these services to scramble to find a new location on the island, perhaps in private residences, which would be disruptive and likely expensive for Adak’s residents,” according to the memorandum.

Adak’s only school serves 19 students, 13 whose parents are employed directly or indirectly through the Adak plant. If enrollment drops to 10 or less, the state of Alaska’s subsidies stops and the school shuts down.

Both the crab and cod fleets that deliver to Adak would have no option other than Dutch Harbor to deliver their catch to — a 450-mile one-way trip.

The request asks the court to respond by January 10, 2020, ten days before the A season begins next year.  The motion supporting the stay was filed while the original decision is under appeal, and would be subject to that ruling if it came before.

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

ALASKA: North Pacific Council Takes Up Amendment 113; Adak Cod Fishery Still Uncertain

October 29, 2019 — SEAFOOD NEWS — Earlier this month, the North Pacific Fisheries Management Council asked for more information on ways Pacific cod could be managed for the community of Adak and its seafood processing plant, which represents about half of the town’s economy.

Amendment 113 to the Magnuson-Stevens Act was rescinded by a federal judge as a result of a lawsuit brought on by representatives of the largely Seattle-based trawl fleet. The judge agreed with the plaintiffs that the Amendment was poorly worded and encouraged the Council to make changes to comply with the Magnuson-Stevens Act and several of its National Standards.

The unanimous motion began the process by calling for a discussion paper “on management options available to promote conservation of [Aleutian Islands] AI Pacific cod and the sustained participation of AI fishing communities.”

The Council wants “an update to the June 2019 discussion paper, including changes to BSAI Amendment 113 to include the modifications approved by the Council in December 2018” as well as an update on the status of the Amendment 113 litigation, and a discussion of how Amendment 113 addresses the MSA’s National Standards, a point in the judges decision that has been contested by the government. The council also directed staff to submit “a thorough examination of options available under MSA 303A for Limited Access Privilege Programs and outside of 303A to meet these objectives.”

Steven Minor, a spokesperson for the Adak plant Golden Harvest Alaska, said the day after the vote, “Yesterday the Council took action to begin the process of restoring Amendment 113.

“We expect the Discussion Paper outlined in the Motion to be brought back at the December Council meeting. If the Council continues to give Amendment 113 priority, we believe that the Discussion Paper will lead to an expedited process similar to the current Mothership package, which could result in A113 being reimplemented by the 2021 season.”

The Mothership package is one of now two issues the Council is currently addressing about cod in the Bering Sea. The other is the BSAI Pacific cod trawl catcher vessel cooperative style-limited access privilege program. The stranded cod in the Gulf of Alaska and Bering Sea was dropped from further discussion.

Opposition to providing the same protections to Adak as the rescinded AM113 does has changed, with two former plaintiffs now dropping their objections. But opposition remains on at least one front: there is less Pacific cod in the eastern Bering Sea than before, and any apportionment from any management program, regardless of who for or where they are located, should reflect that. AM113 set aside 5,000 mt of Pacific cod for Adak when certain conditions were met.

The current owners of the Adak plant have invested millions of dollars in the facility, equipment, and community infrastructure. It was sorely needed over the years when the plant went through a list of owners that included major seafood companies and cooperative entities created by fishermen themselves.

Now they are facing an uncertain future with the fishery starting early next year.  The Council meets next December 2-10, 2019 in Anchorage.

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

ALASKA: Adak Based Fish Processor Fears for Future Without Restored Cod Allocations in 2020

September 27, 2019 — SEAFOOD NEWS — In 2016, the North Pacific Fishery Management Council enacted amendment 113 as a way to give onshore fish processors in Western Aleutian communities like Adak and Atka a fighting chance. AM113 carves out a portion of 5,000 metric tons of Pacific cod to be delivered to these facilities as part of an effort to prevent fish factory “motherships” from taking in the bulk of the harvest for processing.

In Adak, Golden Harvest Seafood is one of the processors that depends on cod deliveries to maintain is operations. The company currently has an arrangement with Costco, providing fresh Alaska-caught seafood to its stores.

But the amendment designed to protect these smaller processors isn’t without opposition from large processors, such as the Groundfish Forum, a trade organization representing five companies operating 19 trawl catcher-processor vessels in the region.

Initially, the Groundfish Forum and the Katie Ann LLC, United Catcher Boats & B&N Fisheries filed legal complaints over AM113. Washington D.C. District Court Judge Timothy Kelly Judge ruled against amendment 113, citing the Magnuson-Stevens Act, a set of federal rules that are meant to encourage the sustainable and optimal exploitation of U.S. coastal fisheries.

The City of Adak, the Aleut Corporation and several other parties of interest have appealed the ruling. B&N Fisheries has subsequently dropped from the lawsuit.

The judge’s decision has caused some to call the North Pacific Fishery Management Council’s ability to protect Alaska communities into question.

Meanwhile, affected communities are looking for some relief from the federal government over the potential revenues that were lost when AM113 was struck down.

Steve Minor, a spokesman for Golden Harvest Seafood, told KTUU on Monday that the U.S. Secretary of Commerce has denied a petition requesting emergency action regarding the cod allocation at the start of the new year. The petition asked for relief from January 20 through March 15, 2020 on the grounds of recent and unforeseen events and the time needed to process said petition.

According to the petition, the events listed below qualify as “recent and unforeseen” circumstances that form the basis of the request:

“Event 1: On March 21, 2019 the United States District Court for the District of Columbia issued an opinion that vacated Amendment 113 to the Bering Sea Aleutian Islands Groundfish FMP, and remanded the Amendment to the Service (NMFS) for reconsideration consistent with the opinion.

Event 2: In January, 2019 the Aleutian Islands CV Trawl Pacific cod fishery nearly closed before the fishery ever began because of the race for fish in the Bering Sea.”

Golden Harvest Seafood has invested millions in the processing operations on Adak, becoming the primary employer in a community that sees anywhere from 50 to 200 residents depending on the time of year. Locals are concerned that the plant’s closure would result in the closing of the local school, which currently serves less than 20 students.

KTUU has reached out to multiple members of the North Pacific Fishery Management Council seeking comment on its stance on AM113, as well as the council’s interest and ability to continue seeking assistance for Western Aleutian fish processors. At the time of this article’s publishing publishing, we are still awaiting an official response.

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

Adak Groups, NOAA, and Secretary of Commerce Ross Appeal Decision to Rescind Amendment 113

May 22, 2019 — SEAFOOD NEWS — On Friday the City of Adak, its regional development groups, and the Aleut Corporation filed an appeal to reverse a March 21 decision that vacated Amendment 113. Yesterday Secretary of Commerce Wilbur Ross, the National Oceanic and Atmospheric Administration; and the National Marine Fisheries Service joined the Aleut groups to appeal the decision from three months ago.

That ruling was in response to a challenge from the Groundfish Forum to the Secretary of Commerce asserting that Amendment 113 did not meet the standards in the Magnuson-Stevens Act.

Defendant-intervenors in that challenge were the City of Adak and the City of Atka, along with the Adak Community Development Corporation, the Aleutian Pribilof Island Community Development Association (APICDA), and the Aleut Corporation.

The May 17 filing by the Adak groups opens a 14-day window for other parties to join the appeal. Briefs from all appealers will be filed later this summer, likely before the end of June.

AM113 included a set-aside of Pacific cod for the plants in Adak and Atka. Golden Harvest Alaska Seafoods, the plant based in Adak, has relied on deliveries of Pacific cod in recent years as a significant part of their annual revenue.

“The Aleutian Islands Pacific cod landed over a few short weeks in February and March has become the economic engine that sustains the local economy and allows Golden Harvest Alaska Seafoods to invest in new products and markets and the development of year round fisheries for the Adak community,” said Steve Minor for Golden Harvest.

“Golden Harvest serves a variety of federal and state water harvesters and species — including pot boats, longliners, trawlers and jiggers operating in the crab, halibut and sablefish fisheries,” Minor said.

“The loss of Amendment 113 puts all of these shore-based fleets and fisheries at risk.”

In the March 21 decision, the judge noted that “Although the Court finds that the Service did not exceed its statutory authority in imposing a harvest set-aside with an onshore delivery requirement, it nonetheless determines that the Service failed to demonstrate that the amendment satisfied the requisite standards for such regulatory measures set forth by the Magnuson-Stevens Act.

“Accordingly, and for the reasons explained below, Plaintiffs’ motion will be granted, and Defendants’ and Intervenors’ motions will be denied,” US District Judge Timothy Kelly wrote.

Kelly asked NOAA Fisheries to reconsider the amendment with some guidance on where changes were needed.

That process, or the work begun within the North Pacific Council addressing the Pacific cod set-aside, will not be done by January 2020, when the plant would be begin taking deliveries for the new season.

Minor noted that at least one of the original plaintiffs in the Groundfish Forum challenge has decided to join the appeal and that “several other entities” are in discussions on filing amicus briefs.

The North Pacific Council will hear a discussion paper at their June meeting, which will include a status report on Amendment 113 litigation, a description of the Council’s December 2018 revision to Amendment 113, and a summary of AI Pacific cod fishery conditions since the implementation of Amendment 113 in November 2016.

The discussion paper will also identify potential regulatory approaches that could be used to provide opportunities for trawl catcher vessels harvesting Pacific cod in the AI delivering to AI shoreplants.

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

Cod Fishermen Upend Carveout for Alaskan Villages

March 22, 2019 — A federal judge cut the line Thursday on the government’s effort to promote sustainable cod-processing operations in a pair of Alaskan fishing villages.

Unveiled in 2016, the new scheme carved out a portion of the Pacific cod fishery off the coast of the Aleutian Islands to be used exclusively each year by vessels that planned to process their catch onshore rather than at sea.

Pacific cod, in contrast to the much-suffering Atlantic cod, is one of the most abundant and lucrative species of groundfish harvested in the region.

Without government intervention, however, the National Marine Fishery Service argued that the Aleutian fishing communities of Adak and Atka would catch less and less cod, and struggle to compete as centers for fish processing.

Read the full story at Courthouse News Service