Saving Seafood

New Jersey-based herring fleet sues over at-sea monitoring rule

February 25, 2020 — New Jersey herring fishermen are going to court challenging a new rule forcing them to pay for at-sea monitoring, which they say will cost more than $700 a day for observers and cut their revenue from herring trips by more than 20 percent.

A half-dozen vessels associated with Lund’s Fisheries, based near Cape May, N.J. are named in the lawsuit filed last week against the New England Fishery Management Council, NOAA and the Department of Commerce.

Cape Trawlers, H&L Axelsson and Loper Bright Enterprises contend regulators have no statutory authority from Congress to impose industry-paid monitoring in addition to a separate, federally-funded observer program.

“The regulation also has the potential to modify other New England fishery management plans to allow for standardized implementation of additional industry-funded monitoring programs in the future,” Lund’s Fisheries said in a joint announcement with the Cause of Action Institute, a Washington, D.C.-based legal and free-market advocacy group.

A final rule published in the Federal Register Feb. 7, to take effect March 9, would require Atlantic herring trawlers with areas A and B permits to pay toward a 50 percent at-sea monitoring coverage target for the first time.

Originating with the 2018 Industry-Funded Omnibus Amendment approved by the New England council, the potential for levying new monitoring requirements had been in the background since being okayed by the Department of Commerce.

Read the full story at National Fisherman

NOAA Fisheries Announces New For-Hire Electronic Reporting Requirements in the Atlantic

February 25, 2020 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE

NOAA Fisheries is implementing the final rule for the South Atlantic For-Hire Reporting Amendment. The final rule establishes electronic reporting requirements for vessels with a federal charter/headboat permit for Atlantic coastal migratory pelagics, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper and modifies the reporting deadline for headboats.

WHEN RULE WILL TAKE EFFECT:

The rule will be effective on September 1, 2020.

WHAT THIS MEANS:

  • The final rule requires weekly electronic reporting for charter fishermen and modifies the reporting deadline for headboats starting September 1, 2020.
  • The requirements for weekly electronic reporting apply to charter vessels with a federal charter vessel/headboat permit for Atlantic Coastal Migratory Pelagics, or Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species.
  • Charter fishermen must report information such as trip start and end dates and times, species kept and discarded, fishing location, depth fished, hours fished, and charter fee.
  • Electronic reports from charter fishermen are due by Tuesday following the end of each reporting week, which runs from Monday through Sunday.
  • Charter fishermen can report using their computer, smartphone, and tablets with access to the internet. Reporting must be through software approved by NOAA Fisheries. NOAA Fisheries will send information on how to download the software in a future Fishery Bulletin.
  • No action is required by charter fishermen at this time. NOAA Fisheries will send more information in the spring/summer of 2020. If you have questions, please call 727-209-5950
  • Headboat vessels with a federal charter vessel/headboat permit for Atlantic Coastal Migratory Pelagics, or Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species will continue to submit reports to the Southeast Headboat Survey but will be required to submit electronic fishing reports by Tuesday following a reporting week, rather than by Sunday.

FORMAL FEDERAL REGISTER NAME/NUMBER: 85 FR 10331, published February 24, 2020.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

A complete version of this Fishery Bulletin is available from NOAA Fisheries and includes a list of Frequently Asked Questions (FAQs) and additional information.

Cape May Fishermen, Processor Sues NOAA’s At-Sea Monitoring Rule

February 21, 2020 — Cause of Action Institute, on behalf of six trawlers and a processor based in Cape May, NJ, filed a lawsuit yesterday against Secretary of Commerce Wilbur Ross and NOAA Fisheries to block a new rule forcing them to pay for third-party “at-sea monitors.”

The plaintiffs claim that NOAA Fisheries and the Department of Commerce violated the National Environmental Policy Act (NEPA) and the Regulatory Flexibility Act (RFA) when designing and implementing the final rule.

Read the full story at Seafood News

Family Fishermen Challenge Illegal, Industry-Killing At-Sea Monitoring Rule

February 20, 2020 — The following was released by Lund’s Fisheries and Cause of Action Institute:

Cause of Action Institute (“CoA Institute”) today filed a lawsuit on behalf of a group of New Jersey family fishermen to block a new regulation that would force them to pay for third-party “at-sea monitors.” The industry-killing rule-which was designed by the New England Fishery Management Council and promulgated by the National Oceanic and Atmospheric Administration and U.S. Department of Commerce-will require certain boats in the Atlantic herring fishery to carry “at-sea monitors” and at their own cost.

The agencies are forcing this requirement on the fisherman despite no statutory authority to do so and in addition to a separate, federally funded observing program. The regulation also has the potential to modify other New England fishery management plans to allow for standardized implementation of additional industry-funded monitoring programs in the future.

“The herring trawl fishery and been vilified and over-regulated, with little demonstrated biological benefit to the herring resource, for too long. If our vessels are forced to pay these at-sea monitoring fees, it may drive some of us out of business, as several boats have already been forced out of the fishery through reduced quotas and burdensome regulation,” said Jeff Kaelin, Director of Sustainability and Government Relations at Lund’s Fisheries, Inc., and representative for the Plaintiffs. “The herring trawl fishery is heavily monitored and regulated already-with everything from exclusion zones covering hundreds of square miles of ocean where we have historically fished, to move-along rules enforced when a mechanical failure may occur. Monitoring New England’s and the Mid-Atlantic’s commercial fisheries is an inherent governmental function. Herring fishermen have worked with the Councils for years in advancing conservation and the sustainability of the herring resource and fishery. The Omnibus Amendment will not benefit those goals in any significant way and has been developed with no Congressional authority for doing so. This is the last straw.”

At-sea monitoring is expected to cost over $700 a trip. Herring fishermen will suffer a drop in income projected as at least 20%, which will challenge companies to remain profitable and subsequently have the effect of driving up costs to lobster and crab fishermen throughout the region. Monitors are required to live with the fishermen at sea, observe their activities, check their compliance with federal regulations, and file reports upon return to the dock. This increased regulatory burden comes despite herring fishermen successfully complying with complex, multi-layered state and federal fishing regulations since the Atlantic herring fishery management plan was adopted in 1999.

As many stakeholders explained in the lead-up to the new regulation, regulators have no statutory authority to require these family fishermen to pay for their own policing. And the process by which the government imposed the new rule for the herring fishery is procedurally suspect. CoA Institute is stepping-in to stop this unlawful overreach. If the industry-funding requirement moves forward, it will imperil one of America’s oldest and most-storied professions.

“The federal government finalized this regulation despite having no authority from Congress to do so. Commercial fishermen and their friends have been raising concerns about the inadequate legal basis for industry-funded at-sea monitoring for years,” said CoA Institute Counsel Ryan Mulvey. “But regulators have ignored these arguments. We cannot let the administrative state push rules that go beyond its power and crush an already-beleaguered industry. We are proud to represent America’s fishermen.”

A copy of the Complaint can be found HERE.

Plaintiffs are represented by CoA Institute counsels Ryan P. Mulvey and Eric R. Bolinder.

Herring Fishermen Challenge Rule Requiring At-Sea Monitors

February 20, 2020 — The U.S. Department of Commerce violated federal administrative law by requiring at-sea monitors for herring fishing and making the industry pay for them, a group of New Jersey fishermen say in a new federal lawsuit.

The Secretary of Commerce’s approval of a final rule, and a related omnibus amendment, is arbitrary and capricious, according to the lawsuit filed Wednesday by the fishing company Loper Bright Enterprises Inc. and others in the U.S. District Court for the District of Columbia.

Read the full story at Bloomberg Environment

NOAA Fisheries Seeking Industry-Funded Monitoring Service Providers

February 12, 2020 — The following was released by NOAA Fisheries:

If you would like to provide IFM services to Atlantic herring vessels in IFM years 2020 – 2021 (April 1, 2020 – March 31, 2022), you must submit an application by March 12, 2020. We will review your application in accordance with the IFM provider regulations that are being implemented through the New England IFM Omnibus Amendment.

Refer to the posted bulletin for more information on what to include in an application.

Approvals will cover IFM years 2020 – 2021. If we receive any applications under this announcement, final decisions will be communicated to providers and published in the Federal Register after the omnibus measures in the New England IFM Omnibus Amendment become effective on March 9, 2020. There will be a future opportunity to apply for a one-year approval to provide IFM services to herring vessels in IFM year 2021.

Questions?

Contact: Maria Vasta, Sustainable Fisheries Division, 978-281-9196

New England council puts out Amendment 23 proposals

February 7, 2020 — Amendment 23 to the Northeast groundfish management plan will go out to public hearings this spring, featuring its unexpected possibility of 100 percent at-sea monitoring.

The New England Fishery Management Council says that number is just a starting point to discuss the costs of improving catch reporting — with onboard observers, or increasingly with electronic monitoring by onboard cameras looking over fishermen’s shoulders.

On Wednesday the council outlined the menu of alternatives that will be presented at those hearings, likely to be scheduled for late March and early April. The council will take in comments from that process to help it make final decisions at its June 23-25 meeting in Freeport, Maine.

The goal of the amendment is “to improve the reliability and accountability of catch reporting in the commercial groundfish fishery to ensure there is precise and accurate representation of catch,” including both landings and discards, according to the council.

Boosting at-sea coverage could be achieved by placing more observers on all trips, or alternatively with electronic monitoring, or EM as NMFS officials now refer to it.

Read the full story at National Fisherman

NEFMC Votes to Send Draft Groundfish Monitoring Amendment 23 out for Comment with Preferred Alternatives

February 5, 2020 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council voted on January 29 to send Draft Groundfish Monitoring Amendment 23 out for public comment. The amendment contains numerous proposals, and the Council selected several “preferred alternatives” to help guide the public in supplying feedback. The hearings will take place this spring, likely in late March and April. The Council then will review all oral and written comments and take final action during its June 23-25 meeting in Freeport, ME.

The Council developed the amendment “to improve the reliability and accountability of catch reporting in the commercial groundfish fishery to ensure there is precise and accurate representation of catch.” Catch is defined as both landings and discards.

Read the full release here

New England council will examine 100 percent at-sea monitoring

February 5, 2020 — Requiring 100 percent at-sea monitoring coverage for the Northeast groundfish trips is part of the Amendment 23 proposal the New England Fishery Management Council will take to public hearing in the coming weeks.

The council approved a surprise motion by NMFS regional administrator Michael Pentony Jan. 29 at its meeting in Portsmouth, N.H., to move the long-awaited changes to the groundfish plan.

Pentony stressed that achieving 100 percent coverage is not his goal, but to spur a broader public discussion about monitoring and other reforms – which Pentony said could help provide more fishing opportunity.

“I want it to be very clear that I’m not making this motion because it’s my opinion or the agency’s opinion,” Pentony told council members. Making 100 percent coverage the preferred option will “provide a sense of what’s possible,” and a “good framework for discussion during the public hearing process,” he said.

It’s also the only option that would make possible the elimination of management uncertainty buffers, and making more groundfish available to catch, Pentony said.

“This doesn’t commit the council to action in June,” he added.

Read the full story at National Fisherman

NOAA calls for monitors on all groundfish trips

January 31, 2020 — The draft amendment to set at-sea monitoring coverages aboard all Northeast groundfish vessels has led an adventurous existence in the three years the New England Fishery Management Council has dedicated to developing the contentious measure.

There was last year’s partial shutdown of the federal government that delayed the rule-setting process. The council, in March 2018, also chose to tap the brakes on the development of the measure — known as Amendment 23 — because it didn’t believe the technical analyses associated with the measure were complete.

As late as last week, fishing stakeholders charged the council was working with insufficient data as it rushed to finally enact the draft management rule setting groundfish monitoring coverages in the Northeast multispecies groundfishery.

So why should anything become simple now?

The council voted Wednesday to send the monitoring amendment — which includes the approved draft of the measure’s environmental impact statement and the council’s preferred alternative for coverage levels — out for public comment in the spring. Final action is expected at its June meeting.

Read the full story at the Gloucester Daily Times