Saving Seafood

Federal court rules against NOAA Fisheries over driftnet regulation reversal

October 30, 2018 — A federal judge last week ruled that NOAA Fisheries illegally withdrew a proposed rule that would have placed hard caps on bycatch of protected species caught in California’s swordfish drift gillnet fishery.

The decision by U.S. District Judge R. Gary Klausner in the Central District Court of California does not immediately put the caps in place. However, his order on Wednesday, 24 October, requires NOAA Fisheries to either reinstate the regulations or discuss any potential revisions with the Pacific Fishery Management Council.

Two years ago, NOAA Fisheries published a proposed rule to limit the amount of bycatch in the driftnet fishery. Federal officials opened a public comment period on the recommendations approved by the PFMC. Under the plan, the fishery faced closure if four bottlenose dolphins or short-fin pilot whales suffered injuries or died as the result of an encounter with a net over a two-year period. Closure could have also happened if two fin, humpback, or sperm whales; or two leatherbacks, loggerhead, olive ridley, or green sea turtles were injured or killed in the same time span.

However, in June 2017, the agency opted to not enact the regulations, which prompted the lawsuit from Oceana the following month.

“The court’s ruling protects whales, sea turtles, and dolphins and affirms the importance of public process and the role of the Pacific Fishery Management Council in regulating West Coast fisheries,” said Mariel Combs, the NGO’s senior Pacific counsel.

California’s swordfish driftnet fishery is considered controversial because the gear often ensnares animals other than what’s targeted. According to Oceana, the mile-long nets are used by 20 vessels and those boats discarded more than 60-percent of their harvest over a 13-year span ending last year. The number of marine mammals killed in the fishery outnumber those killed by all the other Pacific and Alaska fisheries combined.

Read the full story at Seafood Source

U.S. Withdrawal of California Gillnet Protections for Whales, Turtles Ruled Illegal

October 29, 2018 — The Trump administration unlawfully withdrew a plan to limit the number of whales, turtles and other marine creatures permitted to be inadvertently killed or harmed by drift gillnets used to catch swordfish off California, a federal judge has ruled.

The decision requires U.S. fisheries managers to take steps to implement the plan, which calls for placing numerical limits on the “bycatch” of bottlenose dolphins, four whale species and four sea turtle species snared in swordfish gillnets.

As currently written, the regulation in question also would mandate suspension of swordfish gillnet operations altogether off Southern California if any one of the bycatch limits were exceeded.

The Pacific Fishery Management Council endorsed the plan in 2015, and it was formally proposed for implementation by the U.S. Commerce Department’s National Marine Fisheries Service the following year.

The rule was expected to gain final approval but was abruptly withdrawn instead in June 2017 under President Donald Trump, whose Commerce Department determined the cost to the commercial fishing industry outweighed conservation benefits.

The environmental group Oceana sued, accusing the Commerce Department of violating U.S. fisheries laws and the federal Administrative Procedures Act. Oceana also asked the courts to order the agency to put the bycatch limits into effect.

U.S. District Judge R. Gary Klausner declined to force the National Marine Fisheries Service to immediately implement the restrictions in a decision handed down Wednesday in Los Angeles.

But he sided with environmentalists in finding the agency’s reversal exceeded its authority and was “arbitrary, capricious or an abuse of its discretion.”

Read the full story at U.S. News

Challenge to Bycatch Rule Looks Likely to Sink

October 22, 2018 — The D.C. Circuit appeared primed Monday to uphold how the government counts bycatch — a term for various sea life unintentionally swept up in commercial fishing.

Led by the nonprofit Oceana, the challengers take issue specifically with procedures by which the National Marine Fisheries Service monitors for bycatch with less intensity than Congress allowed it.

But the arguments by Oceana attorney Lide Paterno before the D.C. Circuit this morning seemed unlikely to sway the court’s three-judge panel.

“I mean, no agency has enough money to do everything they would like,” U.S. Circuit Judge Robert Wilkins said.

Congress required the government to develop bycatch tracking methods in 1996 to address the concern that even those fish that are thrown back from the nets do not survive the ordeal.

The agency came up with a new procedure to cover the Greater Atlantic region three years ago after a plan from 2008 was found to have improperly given the agency “complete discretion” to depart from procedure.

Read the full story at the Courthouse News Service

Losing grounds: Self-report or report by force

September 21, 2018 — Effective lobbying by anti-fishing NGOs leading to public concern about the environmental impacts of fishing, are leading to increasing restrictions on commercial fishing far beyond any regulation needed to assure the sustainability of the fishery. Commercial fishing as a livelihood and economic activity is under threat in much of the world.

No country illustrates this better than Australia, where anti-fishing groups have allied themselves with recreational fishing interests to have more and more of the country declared as No Commercial Fishing zones. Pressure from environmental NGOs caused the Australian government to pass a law specifically banning an individual large fishing vessel. A similar alliance in New Zealand is also being very effective at demanding more restrictions on fishing and the public relations by these groups has caused the New Zealand public to believe that marine fish are more threatened with extinction than the native terrestrial animals where roughly half have gone extinct.

In Europe, anti-fishing groups have great power in the European Parliament, successfully banning trawling in waters deeper than 800 meters, enacting a no-discard ban that could cripple commercial fishing, and recently banning electrofishing with trawls, which largely eliminates bottom contact and reduces fuel use.

At the international level ENGOs are pushing for 30 percent of oceans to be declared no-take marine protected areas. The ENGO argument is that commercial fishing uses a public resource for their own profit largely without oversight and is riddled with illegal practices, such as fishing in closed areas, discarding protected species, and misreporting catch. Recent convictions of well-known fishermen for these crimes reinforces the public view of fishermen as pirates.

The commercial fishing industry is losing the battle over the social license to operate.

To maintain the social license to operate, I believe fishing industries worldwide need to step forward and accept levels of transparency in fishing activities that were unimaginable a decade ago. If fishermen were to have detailed position monitoring for all vessels available to government regulators, and 100 percent at-sea coverage of catch and discards by cameras, there would be no argument that fishing is taking place in closed areas, or that discards and bycatch are not being recorded.

Read the full story at National Fisherman

California crabbers manage fallout of whale entanglements

September 12, 2018 — The future of California’s iconic Dungeness crab fishery seemed uncertain after a three-year spike in the number of whales entangled in fishing gear from 2015 to 2017. A warm-water blob, domoic acid and a coinciding of whale migrations and fishing caused by the delayed start of the Dungeness crab season spurred a record number of whales and other marine animals to become twisted in crab gear.

Few fisheries were spared entanglement issues on the Pacific Coast, but California Dungeness crab fishermen came under fire for their lines snaring the largest number of whales. Negative publicity, threats of a federal shutdown and a lawsuit in federal court made California crabbers fear the worst.

But with ocean conditions returning in the direction of normal and state legislative effort looking to head off litigation, crab fishermen can breathe easier. Still, there’s no returning to the way things were.

A fisheries omnibus bill making its way through the California Legislature, (S.B. 1309) would give the director of the Department of Fish and Wildlife the ability to implement emergency closures in the Dungeness crab fishery when there’s a “significant risk” of entanglement in a specific area.

The new powers to close the fishery when there’s a threat to marine life would only be effective until November 2020 when the legislation calls for new regulations to be implemented based on the proposals of the California Dungeness Crab Fishing Gear Working Group — consisting of commercial fishermen, state and federal biologists and NGO representatives.

The director of Fish and Wildlife would have to give 48 hours’ notice before any closure and would have to allow feedback from the crab gear working group.

Read the full story at National Fisherman

New U.S. and Canadian IPHC Commissioners Named During Sensitive Negotiations

September 6, 2018 — SEAFOOD NEWS — Both the U.S. and Canada have changed their delegation to the International Pacific Halibut Commission, naming relative newcomers to each country’s team during extremely sensitive negotiations on policy issues. For the first time, a member of the recreational sector has been appointed to the U.S. delegation.

The changes to the panel, made up of three Canadians and three U.S. residents, comes after a rare impasse in determining catch limits for the 2018 season at the IPHC’s January meeting. In the end, all six commissioners agreed to lower limits below last year’s levels, but not as a commission. It was the second time in the IPHC’s 94-year history that an impasse could not be overcome.

The commissioners also agreed to negotiate a resolution to their disagreements, which center on distribution of halibut and bycatch accountability, before the next annual meeting. They have met twice so far and will meet again in mid-September.

Six weeks ago the Canadian government “temporarily” replaced commissioners Jake Vanderheide and Ted Assu, both halibut fishermen. Robert Day and Neil Davis of the Department of Fisheries and Oceans were picked as replacements until later in the year, when both are expected to step down for permanent commissioners. Day is director of the Department of Fisheries and Oceans’ International Fisheries Management Headquarters in Ottawa. Davis is a resource management director for the DFO based in Vancouver.

Yesterday NOAA Fisheries announced the reappointment of Bob Alverson, director of the Fishing Vessel Owners Association and the first-time appointment of Richard Yamada, the president of the Alaska Charter Association. Yamada replaced Linda Behnken, director of Sitka-based Alaska Longline Fisherman’s Association and a commissioner for two years. Both men were appointed for five months, from September 1 to January 31, 2019.

The two men were told their terms as Alternate Commissioners ended January 31 or “whenever another Alternate or Presidentially-appointed Commissioner is appointed to fulfill the relevant duties, whichever comes first,” according to the letter each received from the State Department.

It’s unusual for appointments to be for less than 18 months — terms are for two years — but in this case, it could be that the President’s final action will define a longer term. The current timing for termination is problematic, though, as the next annual meeting of the IPHC is January 27-February 1, 2019.

A January 31 termination date cuts the five days meeting short by its last, important day. That’s when the week’s industry discussion and recommendations, scientific reporting, and U.S./Canada negotiations culminate in final catch limits and changes to Pacific halibut regulations.

Yesterday’s announcement preceded the President’s appointment, “To ensure the United States has representation on the IPHC at all times, the Northern Pacific Halibut Act of 1982 provides for the Secretary of State to make alternate appointments,” the announcement read.

Dr. Jim Balsiger, the NOAA Fisheries Regional Administrator who has represented the government for nearly two decades, was reappointed through September, but may be replaced after that, according to several people familiar with the process. Both Chris Oliver, current head of NOAA Fisheries, and Doug Mecum, deputy regional administrator at NMFS’s Juneau office, have been mentioned as possible replacements.

Neither, however, are members of the North Pacific Fisheries Management Council, a requirement for Commissioner according to the Halibut Act.

The process, starting from the nominations from last year and months-long vetting to a last minute back and forth that has included questioning nominees on social media use and campaign finance contributions, has been fraught with delays and unexpected outcomes (few expected Dr. Balsiger to be replaced). Behnken and Alverson were appointed only months before the last nomination-and-vetting cycle began. Their terms were extended last spring to August 31, 2018.

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

How New England’s Jonah Crab Turned From Garbage To Delicacy

September 6, 2018 — The Jonah crab is a medium-sized crab, ranging from brownish to reddish to greyish, boasting big claws tipped with black. During the winter, when most of the year’s crabs are caught along the Atlantic coast from Maine down to Rhode Island, it has an exceedingly hard shell, requiring a hammer or a saw to open. It’s mostly served as a plate of the large claws, with someone else taking care of scoring and cracking them open for the customer.

If this reminds you of Florida’s famed stone crab, which sells for about $30 a pound, you’re on the right track; the two species are very similar in appearance and even flavor. And yet until just a few years ago, the Jonah crab cost about $0.50 a pound. Or it was free. “Lobstermen would pull them up and in most cases have no idea what to do with the things, so they’d usually just throw them back,” says Bryan Holden, a partner at Luke’s Lobster who’s been right at the forefront of the Jonah crab’s transformation. (Luke is his brother.)

Jonah crabs are attracted to the same bait as lobsters, and are equally as flummoxed by lobster traps, so for decades, they were simply a bycatch. Maybe the lobstermen would bring them home themselves, or sell them for basically nothing to the small seafood shacks that spring up along any coast. Until about four years ago, there was no Jonah crab industry: few were processing it, and hardly anyone besides those who make their living from the sea in Massachusetts, Rhode Island, and Maine had even heard of it.

Read the full story at Modern Farmer

California assembly passes driftnet ban, bill heads to governor’s desk

September 6, 2018 — A bill that would end the use of drift gillnets for harvesting swordfish and thresher sharks in California now only needs the governor’s signature to become law.

Last week, the California Assembly voted 78-0 to pass SB 1017, which calls for eliminating the controversial nets over a four-year period. The nation’s most populous state is also the only one that still allows the use of the nets to collect swordfish and thresher sharks.

In June, the bill passed the state senate by a 33-0 margin.

Under the bill, the state would create a transition program by 31 March, 2020, to enable driftnet permit holders to use alternative gear. The transition program would include a buyout program created through a public-private partnership. Fishermen must surrender their nets in order to get compensation.

“Finally we have found a way to phase out their use and transition to a more humane alternative – without harming the commercial fishing industry in the process,” said State Senator Ben Allen, the bill’s sponsor. “This is a significant win for our ocean and for the California economy. We look forward to the governor signing it into law.”

According to data from NOAA Fisheries, there are approximately less than 20 active license holders using driftnets in California.

Conservation groups have long opposed the use of the mile-long, nearly invisible nets because they have been known to kill or injure dozens of other marine species, including whales, sea lions, and turtles. According to Oceana, the nets are responsible for killing more dolphins that all other American west coast fisheries.

Read the full story at Seafood Source

After year in DC, Oliver reflects on fisheries progress

September 6, 2018 — Chris Oliver has had a busy year since he made the leap from Anchorage to Washington, D.C. to take the lead job at the National Marine Fisheries Service.

As soon as he arrived, there was an annual priorities document to review, he said at a recent roundtable discussion event hosted by the Kenai River Sportfishing Association in Soldotna. The document is both internally-facing and public to help guide NMFS’ decisions.

There were three goals listed in that document, the first of which was to ensure the sustainability of fisheries and fishing communities. He changed it to read “maximize fishing opportunities while ensuring the sustainability of fisheries and fishing communities.”

“There are a number of fisheries around the country where we’re not fully utilizing the available harvest whether it’s choke species or bycatch constraints or outdated regulations,” he said. “We’ve been approaching that pretty aggressively in that form. There’s not a huge amount of headroom in our wild stock harvest fisheries, but there’s some.”

The second was to manage protected species, including those under the Marine Mammal Protection Act and the Endangered Species Act. Under that, he added language to manage those species while supporting responsible fishing and resource development.

Read the full at the Alaska Journal of Commerce

NOAA Funds Projects to Reduce Bycatch With Engineering

September 4, 2018 — A group of organizations is getting more than $2 million in grants to use engineering to try to reduce bycatch in fisheries.

Bycatch is the term for when fish and other animals are accidentally caught with gear that was seeking a different species. Bycatch poses problems for rare species of dolphins, turtles, sharks and other animals.

The National Oceanic and Atmospheric Administration is awarding more than $2.3 million to 14 projects as part of its 2018 Bycatch Reduction Engineering Program.

One of the recipients is Duke University, which will test the applicability of sensory-based bycatch reduction technology. Duke’s project seeks to reduce sea turtle bycatch in North Carolina.

Read the full story from the Associated Press at U.S. News