Saving Seafood

CDFW, Center for Biological Diversity, PCFFA Agree to Whale Entanglement Settlement

March 28, 2019 — SEAFOOD NEWS — In less than a month, California crabbers will have to pack in their crab pots and end their season, thanks to a settlement agreement filed in federal court Tuesday.

The legal settlement protects whales and sea turtles from entanglement in commercial Dungeness crab gear. The Center for Biological Diversity sued the California Department of Fish and Wildlife in October 2017 after a drastic increase in the number of whale entanglements off the West Coast.

In a joint statement between the Center, CDFW and the Pacific Coast Federation of Fishermen’s Associations, who intervened in the lawsuit on behalf of the fishing industry, the entities said Californians will be pleased to know that Dungeness crab will be caught off the coast with greater care for endangered wildlife under the settlement. The early closure this year is just one of many stipulations in the settlement.

“As I’ve said many times, no one wants whale entanglements to happen,” CDFW Director Charlton H. Bonham said in the press release. “This agreement represents hours of intense negotiation to help ensure they don’t happen while supporting the resiliency of the crab fishery in the long run. I am thankful for the leadership of the Center for Biological Diversity and the Pacific Coast Federation of Fishermen’s Associations who realized something needed to be done together.”

“This is great news for whales and sea turtles fighting extinction off California’s coast,” Kristen Monsell, a Center for Biological Diversity attorney, said in the statement. “The settlement will reduce serious threats from crab gear to these beautiful and highly endangered animals. This agreement is a turning point that gets us closer to zero entanglements and a healthy ocean.”

The settlement, subject to court approval, creates a comprehensive approach to the problem of whale entanglements. It expedites state regulation, ensures stakeholder input from the Dungeness Crab Fishing Gear Working Group and formalizes a first-ever commitment by CDFW to pursue a federal permit for protecting endangered species. While these steps are executed, the settlement calls for this year’s crab season to end three months early and prescribes protective measures for future springtime fishing seasons, when the greatest number of whales are present off the California coast.

In November 2018, CDFW announced it would seek a federal permit under the Endangered Species Act to address protected species interactions with the crab fishery. Obtaining a permit and developing a conservation plan as part of that process can take years, so the settlement spells out interim protections.

“This settlement represents the path back to normality for California’s crab fishery with built-in protections for whales and crab fishing operations under the Endangered Species Act,” PCFFA Executive Director Noah Oppenheim said in the statement. “The past several years have been extraordinarily challenging for fishing families, and the actions we’re taking here are no exception. But in the end, we’re going to emerge together with a resilient, prosperous, and protective fishery that will continue to feed California and the nation.”

However, as word got out that crabbers would have to pull their gear soon, frustration and anger followed.

Bodega Bay crab fisherman Tony Anello was quoted in the Press-Democrat as saying, “It hurts. Guys like me, right now I want to fish to the end.”

Most of the crab season is over in the first few weeks after it opens. As the crab supply dwindles, ex-vessel prices frequently rise and some of the fishermen rely on the limited supply for small markets in the spring and summer.

Already many large processors have stopped buying crab and turned to other fisheries as the pink shrimp and salmon seasons are set to open soon.

Fishermen and processors in other states are still waiting to understand the full ramifications of the agreement. What it will mean for next year’s fishery, whether the Center may sue other states, how regulations will change are all in question right now.

For example, the California Dungeness Crab Fishing Gear Working Group, started in 2015 in reaction to whale entanglements, has made progress, but apparently not enough to satisfy the Center. Kristin Monsell, the CBD attorney, was once a member of the Working Group at its inception, according to working group records, but CBD pulled out of the group later.

Like California’s working group, Oregon and Washington have developed similar entities to deal with entanglements. They too have representatives of sport and commercial fishermen, ENGOs, industry, marine mammal experts and state and federal managers.

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

A California battle over swordfish — and gill nets

March 19, 2019 — Conservationists are pushing a $1 million effort this summer to change the way swordfish are caught off the California coast by phasing out the use of gill nets. They are the mile-long nylon nets used to catch swordfish but that also ensnare other species, causing conservation organizations to seek an end to their use.

Commercial fishermen can use gill nets now, with a drift gill net shark and swordfish permit from the Department of Fish and Wildlife. But a new California law will officially ban gill nets as of January 2023.

The law requires the department to establish a voluntary “permit transition program” that will reimburse fishermen for giving up the use of gill nets. The state has set aside $1 million in public money for the program and an additional $1 million will be sought in private donations.

The law requires the state to establish a volunteer “permit transition program” by March 31, 2020, which will serve as the mechanism for the reimbursement program.

“California is one of the last places globally that still allows these wasteful fishing nets to be used, so it’s high time the Golden State transitions to cleaner, more sustainable fishing gears to provide a domestic swordfish product to Californians and visitors alike who enjoy local seafood products, said Ashley Blacow-Draeger, a spokeswoman for the ocean-conservation organization Oceana.

Read the full story at Capitol Weekly

CALIFORNIA: Fishermen cautiously optimistic for strong salmon season

March 4, 2019 — After three difficult years when Chinook salmon population numbers were down and fishing opportunities were limited, commercial fishermen are hoping that the upcoming season will be better.

“What we’re seeing is a better forecast of salmon in the ocean this year than we saw last year,” said Harry Morse, public information officer for the California Department of Fish and Wildlife, following a meeting with about 85 commercial and recreational anglers on Wednesday in Santa Rosa. “We’re cautiously optimistic.”

Commercial anglers who traditionally rely on salmon fishing for their livelihood have contended with three curtailed seasons in a row, a ripple effect of the drought that lasted from 2013 to 2016. Diners and restaurants have also experienced the aftereffects in terms of high prices and scarce supplies of salmon, turning what was once a spring and summer staple into a luxury item.

What’s different for the coming season, which is scheduled to start in May, is that there is a much larger estimated number of salmon in the ocean, meaning that catch limits will likely be somewhat looser when they are announced in April.

“It’s been a tough couple years for commercial fishermen,” said Jimmy Phillips, 37, of Half Moon Bay, who attended the meeting in Santa Rosa. A commercial fisherman for 19 years, he was struck by the fact that sports fishermen, who get a longer season and are allowed to keep smaller fish, were allowed to catch more fish than the commercial anglers. “We just want to see some fairness. We as a whole feel like it really has not been fair.”

Read the full story at the San Francisco Chronicle

Can fish evolve to handle climate change? Scientists tested it on these oddball fish

February 14, 2019 — The grunion is a weird little fish.

Grunion are perhaps best known for washing up on California beaches — from Baja California all the way up to Monterey Bay — several times a year to spawn en masse for hours, starting on a night with a full or new moon, according to the California Department of Fish and Wildlife.

The creatures travel as far up a beach as waves will carry them, and then females dig nests and lay thousands and thousands of eggs. Males come ashore, too, and fertilize the eggs — and then males and females alike return to the ocean, sometimes in less than a minute, the state fact page on the species says.

But it turns out those fish — bizarre as they might seem — can teach scientists something about sea creatures’ ability to adapt to climate change. That’s according to a new study from scientists at Long Beach State University in Southern California.

Read the full story at The State

California wildlife agency denied in bid to delay lawsuit over whale, sea turtle entanglements

February 5, 2019 — A San Francisco judge has rejected the California Department of Fish and Wildlife’s bid to delay a lawsuit that claims the agency has fallen short in preventing the state’s commercial Dungeness crab fishery from entangling whales and sea turtles.

U.S. District Court Judge Maxine Chesney, on Jan. 25, denied the department’s motion to delay the case by 2 1/2 years while it secures a federal “incidental take permit” that would allow the agency to operate in a way that addresses and minimizes the threat to whales and sea turtles, while acknowledging some risk.

The Center for Biological Diversity sued Fish and Wildlife in October 2017 after the total number of whale entanglements from all fishing industries broke records for three straight years.

“The Dungeness crab fishery is the biggest entanglement culprit in California, by far,” said Steve Jones, a spokesman for the center. “Most entangling gear can’t be identified, but of the identified gear, it is mostly crab lines.”

Read the full story at The San Jose Mercury News

Court Denies California’s Attempt to Delay Whale Entanglement Case

February 1, 2019 — SEAFOOD NEWS — A federal court has rejected the California Department of Fish and Wildlife’s bid to delay a lawsuit alleging it’s not doing enough to prevent its commercial Dungeness crab fishery from entangling whales and sea turtles in violation of the federal Endangered Species Act.

The Center for Biological Diversity sued the department in October 2017 after whale entanglement numbers broke records for three straight years.

“This is an important win in our fight to protect whales and sea turtles from suffering and dying in crabbing gear. It’s time for California regulators to stop delaying and take action,” Kristen Monsell, oceans legal director at the Center, said in a press release. “The court recognized that it can’t just sit on the sidelines while state officials have no plan to prevent entanglements. Talking and holding endless meetings isn’t enough.”

U.S. District Court Judge Maxine Chesney denied the department’s motion to stay the case for two and a half years while it applies for an ESA Section 10 federal permit, which would require preventive measures. California sent a letter to NOAA last year, indicating the agency’s plans to formally file for the permit.

In the meantime, California has taken steps to avoid whale entanglements. The Dungeness Crab Fishing Gear Working Group published a best practices guide for fishermen It also established the Risk Assessment and Mitigation Program (RAMP) to support the state in working collaboratively with experts (fishermen, researchers, NGOs, etc.) to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce risk of entanglement. Working with federal scientists, the group also solicits periodic flyovers to find concentrations of gear and concentrations of whales. With that information, fishermen can voluntarily get their gear and/or try to avoid whale interactions.

The Pacific Coast Federation of Fishermen’s Associations filed as an intervenor in the lawsuit and continues to support the industry in its efforts to avoid whale entanglement.

“No commercial fisherman wants to entangle whales or sea turtles in their fishing gear – doing so is not only a public relations disaster, but will likely destroy that gear, can damage their boats and can even be life-threatening,” the PCFFA states in its Memorandum in Support of Motion for Intervention in March 2018. “Many commercial fishermen voluntarily participate in programs to identify and rescue marine animals (especially whales) from entanglements in commercial fishing gear, often at great personal peril.”

On Feb. 22 the court is scheduled to consider the Center’s motion for summary judgment, the Center said in a press release.

In 2016 federal officials confirmed that the California commercial Dungeness crab fishery entangled at least 23 animals. As of late November, at least 36 whale entanglements had been reported off California in 2018, including at least five humpback whales entangled in California commercial Dungeness crab gear, the Center said in the statement.

California’s attention to this issue a few years ago has resulted in several gear workshops that included researchers, developers and fishermen coming together to try to solve or mitigate whale entanglement issues on the entire West Coast. Both Oregon and Washington now have their own gear/entanglement groups, working on problems and proposing incremental steps to prevent entanglements. Washington also has notified NOAA it intends to apply for an ESA Section 10 permit for its Dungeness crab fishery.

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

Judge: NMFS must rewrite anchovy catch rule

January 22, 2019 — Federal fishing regulators have until April 16 to rewrite a rule that sets annual catch limits (ACL) for commercial fishing of anchovy in federal waters off the northern coast of California, a judge has ruled.

The Jan. 18 order from federal judge Lucy Koh enforces a judgment in a lawsuit brought in 2016 by the environmental activist group Oceana against the National Marine Fisheries Service (NMFS).

Oceana’s lawsuit questioned the science that NMFS relied on in reaching a 2016 decision to set the ACL for northern California anchovy at 25,000 metric tons. The agency set that limit — even though landings typically only total less than a third of that, 7,300t — judging the stock’s maximum sustainable yield to be 123,000t, and calculating an acceptable biological catch of 100,000t. The ACL was set, conservatively, the agency said, at a fourth of that level.

Speaking to Undercurrent in June 2018 about the ruling, Diane Pleschner-Steele, the executive director of the California Wetfish Producers Association, disagreed with the biomass estimates, but because the harvesters her group works with are seeing more anchovies, not fewer.

Pleschner-Steele said that her group worked in 2017 with the California Department of Fish and Wildlife to perform an aerial survey of anchovy stocks.

“The department’s plane flew along the coast inside the area that the NOAA acoustic trawl survey was transecting at the same time, and our spotter pilot estimated tonnage of the schools he observed,” she wrote.   “We documented tens of thousands of tons of coastal pelagic species — both sardine and anchovy —  that the NOAA cruise did not see or factor into its assessment because they survey largely offshore and don’t come into nearshore waters.   This is now recognized as a problem, and we’re hopeful that we can improve stock assessments over time.”

Read the full story at Undercurrent News

CALIFORNIA: Can sustainably caught swordfish make waves on the Central Coast?

December 31, 2018 — Will sustainably-caught swordfish receive a wave of support from Central Coast fishermen, consumers and restaurateurs?

Clean-fishing advocates sure hope so as efforts continue to phase out the use of drift gillnets — the mile-long, 100-foot-wide nets currently used to catch swordfish — which  commonly collect and kill protected species like whales, dolphins, and sea turtles.

On Sept. 28,  Gov. Jerry Brown signed Senate Bill 1017, which requires the state Department of Fish and Wildlife get funding for and enact a transition program that would help fishermen switch to alternative fishing gear.

Under the program, up to $10,000 would be offered for fisheries to turn in their drift gillnet permits, and transition to “clean-fishing” gear.

The California Department of Fish and Wildlife has until March of 2020 to roll out the drift gillnet “buyout.” However, the department still needs to raise $1 million to trigger the revocation of all drift gillnet permits. The money would have to come from federal funding or private donor sources.

Read the full story at the Monterey Herald

California seeks plan to protect whales and Dungeness crab fishery

December 3, 2018 — Crabs are a big deal in California as one of our oldest and most valuable fisheries. They are often a treasured part of holiday feasts and they supply jobs to coastal communities. Whales are a big deal, literally, as the most majestic, largest animals swimming off our shore. What the California Department of Fish and Wildlife has done in the past several years with our partners to prevent whale entanglements in fishing gear is a big deal, too.

California’s ocean waters are home to one of the most productive marine ecosystems in the world, hosting a diverse assemblage of migrating birds, marine mammals, sea turtles, and fish and invertebrate species. Protecting the ocean is a high priority for Californians.

That is why our department is taking actions to protect the whales and our prized crab fishery. The department is working to create a conservation plan that will analyze the effects of crab fishing on whales, identify steps to minimize the risk of whale entanglements in the crab fishing gear, secure funding to implement the plan, and submit it to the federal government for needed approval.

Read the full story at the San Francisco Chronicle

Trade group takes fuel companies to court over Dungeness crab closures

November 27, 2018 — A trade group representing commercial fishermen on the West Coast of the United States has filed a lawsuit in a California court claiming petroleum companies have significantly harmed the Dungeness crab fishery in that state and neighboring Oregon.

The Pacific Coast Federation of Fishermen’s Association filed the suit in a San Francisco, California court last week against 30 fossil fuel makers. They claim actions by the defendants – which include Chevron, ExxonMobil, Dutch Shell, Citgo, ConocoPhillips and Marathon Oil – have led to algae blooms in the Pacific Ocean. Those blooms lead to a buildup of domoic acid, a harmful neurotoxin, in the crabs.

The lawsuit states fuel companies have known for a half-century that their products have led to climate change, with the waters for the crab fishery growing warmer. As a result, the Dungeness crab fishery has suffered through repeated closures since 2015.

“We are seeking to implement measures, at the fossil fuel industry’s expense, that will help crabbers adapt to a world in which domoic acid flare-ups will be increasingly common, and also help those crabbers who suffer financial losses as a result,” said Noah Oppenheim, the association’s executive director, in a news release.

Just days before the lawsuit, California Department of Fish and Wildlife officials announced that the Dungeness crab fishery, originally scheduled to open on 15 November, would be suspended indefinitely along the Sonoma County coast, located roughly 70 miles north of San Francisco.

Crab fishing south of the county began on schedule. Crab fishing north of Sonoma County is not scheduled to start until next month. However, in the same statement, state officials did not rule out a delay for that portion of the fishery.

Read the full story at Seafood Source