Saving Seafood

Menhaden Fisheries Coalition Analysis Finds 92 Percent of Atlantic Menhaden Already Left In Water to Serve Ecological Role

Analysis Challenges Arguments That Interim Ecological Reference Points Are Urgently Needed

An analysis finds that 92 percent of Atlantic menhaden are left in the water to serve their ecological role. A high quality version of this infographic is available by clicking on the image.

WASHINGTON – November 9, 2017 – The following was released by the Menhaden Fisheries Coalition:

A new analysis from the Menhaden Fisheries Coalition (MFC) finds that current management leaves 92 percent of Atlantic menhaden to serve their ecological role as forage for predators. The analysis is based on data from the Atlantic States Marine Fisheries Commission’s (ASMFC) 2017 update stock assessment of Atlantic menhaden. The MFC has produced an infographic illustrating this analysis, which is available here.

In recent weeks, numerous ENGOs and recreational fishing groups up and down the Atlantic Coast have published articles and op-eds arguing that menhaden are in dire need of greater protection. These groups include the Pew Charitable Trusts, the Chesapeake Bay Foundation, the American Sportfishing Association, and local activists from coastal states like Rhode Island and New Jersey. However, the MFC’s analysis challenges the assertion that fisheries take too many menhaden, and makes clear that the vast majority of fish are already left in the water to fulfill their ecological role.

The analysis tracks an average menhaden year class through its full life cycle. It finds that two-thirds of juvenile menhaden (younger than age 1) are either consumed by predators or die of natural causes. These juvenile menhaden are the preferred forage for predator species and are not targeted by the fishery, which takes less than 1 percent of these fish.

Over half of the menhaden that survive to age-1 are allocated to the ecosystem to be eaten by predators such as striped bass and marine birds or die of natural causes. Only 8 percent of age-1 menhaden are harvested by the fishery.

The menhaden fishery largely harvests menhaden over the age of 2, but even for this age group, it only harvests about 40 percent of fish. Overall, just 8 percent of a menhaden year class is harvested by the fishery. The overwhelming majority of fish – 92 percent – are not impacted by the fishery.

This MFC analysis is an update of a previous analysis that was based on the ASMFC’s 2015 benchmark stock assessment of Atlantic menhaden. That analysis was reviewed by the ASMFC last fall. Both the 2015 benchmark assessment and the 2017 update assessment found that Atlantic menhaden is neither overfished nor experiencing overfishing.

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.

Rubio’s Florida Fisheries Improvement Act Gets Widespread Support From Different Sectors

August 9, 2017 — SEAFOOD NEWS — Florida Senators Marco Rubio and Bill Nelson are receiving widespread support on the Florida Fisheries Improvement Act, which was introduced last week.

Rubio had initially introduced the bill in 2014 to “begin outlining Florida’s priorities for the eventual reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act,” which was first passed in 1976. The Magnuson-Stevens Act was created to “prevent overfishing, rebuild overfished stocks, increase long-term economic and social benefits, and ensure a safe and sustainable supply of seafood.” The senator reintroduced the Florida Fisheries Improvement Act in 2015.

“Fishing remains an integral part of Florida’s history, economy and allure for residents and visitors alike,” Rubio said in a statement. “This bipartisan bill reflects the best ideas from Florida’s commercial, charter and recreational fishing communities, and would ensure federal laws reflect the realities of our unique Gulf of Mexico and South Atlantic regions while continuing to promote research and conservation efforts. As Congress works towards a reauthorization of Magnuson-Stevens, I remain committed to ensuring Florida’s fisheries are well represented.”

The latest version of the bill would amend the Magnuson-Stevens Act to “enhance, protect and sustain Florida’s fishery resources and the communities that rely on them.” Specifically, the legislation would force the U.S. secretary of commerce to make “fishery disaster designations within 90 days of receiving information from the state.” The bill would also “resolve inconsistencies between the Capital Construction Fund and Fisheries Finance Program,” among other things.

The bill is being supported by the Florida Fish and Wildlife Conservation Commission, the American Sportfishing Association, the Southeastern Fisheries Association, the Gulf of Mexico Reef Fish Shareholder’s Alliance, the Florida Keys Commercial Fisherman’s Association, Wild Ocean Seafood Market and the Billfish Foundation.

“We must be sure to address a suite of issues in the next MSA reauthorization and the Florida Fisheries Improvement Act is a helpful first step,” said Southeastern Fisheries Association executive director Robert Jones. “We look forward to working with Senator Rubio and his staff to provide balanced management in mixed-use fisheries and to resist changes in the law that might reduce commercial fishing access which is an important part of the food supply to Floridians and citizens all across this great country.”

Eric Brazer Jr., deputy director of the Gulf of Mexico Reef Fish Shareholders’ Alliance, shared similar sentiments about the bill.

“The Florida Fisheries Improvement Act proposes a number of welcome improvements that will ensure a well balanced and more transparent Gulf of Mexico Fishery Management Council, improvements to the stock assessment process, and more timely critical relief in response to fishery disasters,” said Brazer. “We look forward to working with the Senator to address some of the challenges we see that could trigger unintended consequences in our nation’s successful core system of annual catch limits and mandate perpetual and disruptive allocation debates in the region.”

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

LOUISIANA: Recreational-fishing groups blast Wildlife & Fisheries red snapper plan

May 30, 2017 — Over the holiday weekend, a national magazine and two conservation organizations slammed Louisiana’s plan for a pilot program that would give 150 recreational anglers the right to harvest 25,000 pounds of red snapper.

In a column published on sportfishingmag.com, Sport Fishing Editor Doug Olander called the program “a solid bitch-slapping to the recreational-fishing community.” Olander said the plan is a step toward “catch-shares,” in which individuals are awarded a percentage of the overall quota and are allowed to harvest their fish without restrictions until they reach their specific quotas.

A similar system exists for the commercial sector of the red snapper fishery, and in the column, Olander acknowledged that catch-shares are sometimes the best way to protect the interests of commercial fishers. For the recreational sector, however, Olander says the catch-share system “fits about as well as a ballerina’s tights on a sumo wrestler.”

One of Olander’s problems with the concept is no one has offered a reasonable and equitable method for applying it. If tags are involved, anglers would have to either purchase tags or be awarded them through a lottery. Either technique would lock certain anglers out of the fishery, awarding a public resource to the wealthy or lucky.

That’s what has happened on the commercial side, where so-called Sea Lords who own large percentages of the quota lease it out to fishers, who actually go out and harvest the fish. Many of the Sea Lords stay on dry land earning massive paychecks from a public resource.

The American Sportfishing Association also blasted Louisiana’s proposal, sending out a Friday news release stating it was “deeply concerned with the long-term ramifications of the pilot program that the Louisiana Department of Wildlife and Fisheries unveiled on May 25, to the surprise of the entire recreational fishing community.”

Read the full story at The Times-Picayune

Industry applauds new NOAA fisheries, Magnuson-Stevens guidelines

October 17, 2016 — Changes to national standards for Magnuson-Stevens are receiving accolades from the recreational fishing industry.

NOAA Fisheries last week filed in the Federal Register its final rule to revise the guidelines for National Standards (NS) 1, 3, and 7 of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).    MSA contains 10 national standards which guide the contents and objectives of federal fishery management plans.

Groups including the Recreational Fishing Alliance and American Sportfishing Association are applauding the revision.

“We commend NOAA Fisheries for making meaningful improvements to the National Standard guidelines, which should improve recreational fishing opportunities for federally managed marine fisheries while ensuring the nation is still achieving our strong fisheries conservation standards,” said Mike Leonard, ASA’s Conservation director. “Many of the proposed changes address issues identified through the engagement that NOAA Fisheries has made with the recreational fishing community in recent years, and more specifically the recommendations of the Commission on Saltwater Recreational Fisheries Management, more commonly known as the Morris-Deal Commission.”

The revisions include several changes sought by the industry:

  • Allowing changes to catch limits to be gradually phased in over up to three years, as long as overfishing is prevented.
  • Increasing latitude, based on the biology of the fish stock, in setting timelines for rebuilding programs.
  • Providing flexibility for better managing data-limited stocks while adhering to conservation requirements.
  • Allowing for greater stability in fishing regulations through guidance on considering multiple years when determining overfishing status.

“RFA believes that the revisions put forward by NOAA Fisheries in the final rule are a step in the right direction and will help restore some balance to the management of our federal fisheries under MSA,” said Jim Donofrio, RFA executive director.  “The intent of Congress was to treat the 10 national standards equally in order to achieve a balance between conservation and needs of our fishing communities.  Yet, selective execution of certain national standards over the past decade has resulted in a loss of opportunity and economic output in many of our most important recreational fisheries.”

The rulemaking revisions are progress, but point to the importance of legislative changes to address the issues with Magnuson-Stevens, Donofrio said.

Read the full story at Boating Industry

Recognizing 40 Years of the Legislation That Established U.S. Fishing Boundaries

April 20, 2016 — WASHINGTON, D.C. — Tonight, recreational and commercial fishing representatives, Members of Congress, and key former and current individuals from the administration gathered on Capitol Hill in recognition of the 40th anniversary of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), a first-of-its-kind piece of legislation that established a framework to manage domestic, federal saltwater fisheries.

“We take many things for granted now that were not the case 40 years ago when foreign fishing fleets depleted fish stocks just off our coasts,” said American Sportfishing Association Government Affairs Vice President Scott Gudes. “We owe a debt of gratitude to Sens. Warren Magnuson and Ted Stevens, along with Reps. Gerry Studds and Don Young and their House and Senate colleagues, for their extraordinary leadership in creating this innovative system for managing our marine fisheries for the public good.”

On April 13, 1976, President Gerald Ford signed the “Fishery Conservation and Management Act”, not long after the National Oceanic and Atmospheric Administration (NOAA) was created. The Act set into motion internationally recognized territorial boundaries today known as the “exclusive economic zone” between 12 and 200 miles off the coast. Touted as one of its most significant successes, the “200-mile limit” eliminated foreign fleets from fishing nearshore, ensuring United States resources benefited its citizens and industries. It also established eight regional fisheries management councils still in place today. Since that time, the Act has undergone six amendments, primarily addressing sustainable catch limits and rebuilding timelines for fish stocks.

Read the full story at OutdoorsFIRST Media