Saving Seafood

Conservation Group Sues NMFS Over West Coast Anchovies For a Second Time

July 8, 2019 — SEAFOOD NEWS — The more things change, the more they stay the same.

In this case, NMFS issued a final rule regarding management of the central subpopulation of anchovy off California, and the conservation group Oceana sued. NMFS applied best available science and approved policy to update the rule using recent biomass estimates, as directed by the Court, and re-filed it last month. Oceana sued again last week.

The lawsuit against the National Marine Fisheries Service was filed over the agency’s “continued failure to prevent overfishing, use the best available science, or account for the food needs of ocean animals in managing anchovy,” Oceana said in a press release.

The rule established a multi-year, unchanging catch limit for anchovy that does not account for the frequent, and sometimes rapid, cycles of booms and busts in the size of this population, Oceana said. The final rule is a near carbon copy of an earlier proposal by the Fisheries Service in 2016 that was struck down in court because it did not use best available science and did not prevent overfishing.

Oceana, represented by Earthjustice, said NMFS continues to manage certain fish populations, including northern anchovy, by setting multi-year catch limits that stay in place regardless of the population’s status. The complaint, filed in the U.S. District Court for the Northern District Court of California, claims that in failing to actively manage the anchovy population based on current population size, NMFS has again failed to use the best available science, prevent overfishing and ensure adequate forage fish for dependent predators, the press release said.

The recent NMFS final rule employed the same harvest policy as originally approved and updated the reference points based on recent years of anchovy biomass estimates. The new overfishing limit, which represents a long-term average maximum sustainable yield, is close to the original estimate. The acceptable biological catch and annual catch limit also conform with the original harvest policy, which is based on 25% of the OFL. The anchovy population is acknowledged to be close to historic abundance, which is why the numbers are similar, industry members say.

The NMFS acoustic trawl survey method on which the management levels are based is at the heart of the issue. Both the California Wetfish Producers Association and the West Coast Pelagic Conservation Group say the survey does not capture an accurate picture of the anchovy biomass; for example, it misses the nearshore areas that anchovy frequent as well as the upper 10 meters of the water column, the acoustic “dead zone.” The model used to estimate anchovy biomass also is missing critical age information from earlier decades.

“… despite Oceana’s claim that acoustic trawl surveys are ‘state of the art’ science, the 2018 Acoustic Trawl Methods Review down-weighted the AT survey biomass estimates to a ‘relative’ index of abundance because it omits a substantial portion of the biomass inshore of the existing survey tracks, as documented by our collaborative [California] Department of Fish and Wildlife aerial surveys,” CWPA Executive Director Diane Pleschner-Steele said in an email.

Both the CWPA and WCPCG have developed collaborative methods to survey the nearshore areas for forage fish utilizing exempted fishing permits. The groups are working with both state and federal researchers to get a fuller picture of the anchovy — and other pelagic species — stock.

Oceana representatives have said the acoustic trawl survey, with the state-of-the-art technological equipment, does represent the best available science. Industry members argue that the best equipment and a model that relies primarily on that data does not represent the “best science” since it cannot survey many areas where the anchovy spend much of their time.

“We remain frustrated that the Fisheries Service continues to ignore state of the art fish population surveys produced by their own scientists when deciding how many anchovies fishermen can catch on an annual basis,” Geoff Shester, Oceana California Campaign Director and Senior Scientist, said in a statement, noting that predators such as other fish, whales, pelicans, sea lions depend on anchovies and other forage fish species.

“Oceana has dismissed concerns industry has expressed about the survey, such as lack of data on the inshore components of the stock,” WCPCG member Mike Okoniewski said in an email. “While industry is actually working collaboratively with the science centers and state agencies to explore alternative survey methodology … , we wonder why Oceana would rather litigate, than collaborate with ongoing efforts the science staff and industry are undertaking to gain a better knowledge about the population size and behavior of our coastal pelagic stocks?”

Meanwhile, Pleschner-Steele said California fishermen have ben seeing abundant anchovy since 2015. At least now NOAA’s acoustic surveys are beginning to validate fishermen’s observations to a degree, but the still missing nearshore component is a problem that has been recognized as necessary to fully assess the central anchovy stock. The stock historically fluctuated between very high and very low abundance, even absent any fishing activity. The Pacific Fishery Management Council and NMFS have established a very precautionary management approach by capping the harvest at 25 percent of the estimated OFL. The harvest rule is based on a long-term average biomass, not a single-year stock assessment. Even with a 25,00 mt harvest cap, fishermen have landed far less, averaging only 8,000 mt per year or less.

“Industry will always have more ‘sea’ time than the survey or research ships. Our livelihoods depend on what we observe,” Okoniewski said. “While we are not scientists we do first hand surveillance of these stocks and their environment. This has motivated us to work more closely with the scientific staff, and in most cases this has been reciprocated by the science community. Coastal Pelagic stocks are difficult to survey and fishery observations often differ from scientific observations. We believe it is best to work together to resolve some of these differences in observation.”

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

California Wetfish Producers Association Recognizes Ocean Week With Video on the Latest in Sardine, Anchovy Science

June 7, 2019 — This week, the National Marine Sanctuary Foundation (NMSF) is convening Capitol Hill Ocean Week in Washington, D.C. Additionally, President Trump has declared the month of June “National Ocean Month” in recognition of the importance of the ocean to the economy, national security, and environment of the United States.

For the duration of Ocean Week, Saving Seafood will share materials related to the sustainable and economically vital U.S. commercial fishing and seafood industries, including information tied directly to events being organized as part of the NMSF conference.

The following was released by the California Wetfish Producers Association:

In recent years, fisheries managers have made devastating cuts to California’s sardine and anchovy fisheries based on reports that populations of the two species have sharply declined. However, the California Wetfish Producers Association (CWPA) is marking Ocean Week 2019 with a video documenting new research that shows increasing populations of both species in nearshore waters.

The CWPA has been working in cooperation with the California Department of Fish and Wildlife and the Southwest Fisheries Science Center to develop sampling methods to assess sardine and anchovy in nearshore waters missed by NOAA’s acoustic trawl surveys. This research shows that both species are abundant in nearshore waters not surveyed by NOAA – in fact, approximately 70 percent of California coastal pelagic species landings are harvested in waters not surveyed in federal stock assessments.

More accurate biomass estimates and stock assessments for coastal pelagic species will benefit sustainable harvest policies, the fishermen and seafood processors who produce these species, and fishing communities and seafood consumers who rely on them.

“We’re doing [this research] partly to improve the science in cooperation both with federal and state fishery biologists,” says Diane Pleschner-Steele, executive director of CWPA, in the video. “And we’re doing it to save our lives.”

Watch the video here

About the California Wetfish Producers Association

The non-profit California Wetfish Producers Association (CWPA) was established in 2004 to promote sustainable fisheries and foster cooperative research. Voluntary membership includes the majority of wetfish harvesters and processors operating in California.

Officials: No Sardine Fishing Off California This Year Due to Steep Population Decline

April 17, 2019 — West coast regulators have voted unanimously to ban commercial sardine fishing for the fifth straight year after a recent evaluation of the northern Pacific stock revealed a steep decline.

The ban on commercial sardine catch spans the entire length of the U.S. West Coast. The 2019 season would have opened July 1.

A new assessment of northern Pacific sardine stocks by the National Oceanic and Atmospheric Administration (NOAA) estimates populations of the small silvery fish have declined more than 98 percent since 2006.

Not all fishermen agree with the decision to keep the sardine fishery shuttered.

Diane Pleschner-Steele, executive director of the California Wetfish Producers Association, said NOAA’s sardine survey under-counts the fish, and that the fishermen she hears from are noticing a comeback.

“They are so frustrated because they drive by school after school after school and they can’t fish,” Pleschner-Steele said. “This is their livelihood and they have families and they are losing their jobs.

Read the full story at KQED

Pacific sardines likely to face another shuttered season

April 3, 2019 — Sardine fishermen on the West Coast are preparing for another year of severe restrictions after a new draft assessment from NMFS shows the the population is continuing its collapse.

The new report, released on March 26, indicates a sardine population of 27,547 metric tons. Any tonnage below 50,000 metric tons is considered “overfished” by NMFS.

These numbers indicate a 98.5 percent collapse since 2006, when the population reached an estimated 1.77 million metric tons, according to NMFS data.

The California Wetfish Producers Association has repeatedly taken issue with NMFS’ assessment strategy. Executive Director Diane Pleschner-Steele has called Oceana-driven claims of overfishing to be “fake news.”

Read the full story at National Fisherman

 

CALIFORNIA: Restrictions on overfished sardines in Monterey Bay create financial hardships for fishermen

March 28, 2019 — Sardine fishermen in Monterey Bay are facing a fifth straight year of restrictions on the amount they will be permitted to catch, creating financial hardships for the commercial industry.

A new draft assessment from the National Marine Fisheries Service indicates a sardine population of 27,547 metric tons. According to the Fisheries Service, any tonnage below 50,000 metric tons is considered “overfished.” That’s a 98.5 percent collapse since 2006.

The restriction, which would essentially cancel the 2019-2020 commercial sardine season, must be applied when populations drop under 150,000 metric tons, said Geoff Shester, senior scientist with the Monterey office of Oceana, a marine environmental watchdog group.

“The crash of Pacific sardines has been difficult to watch,” Shester said. “We’ve witnessed dramatic starvation effects to ocean animals.”

The collapse is a result of overfishing, Shester said. Sardine populations go through natural cyclical fluctuations, but to see numbers this low is caused from over-fishing.

Diane Pleschner-Steele, executive director of the California Wetfish Producers Association, was not available to comment Wednesday, but she told the Monterey Herald following the 2018 assessment that “fishermen are seeing more sardines, not less, especially in nearshore waters.”

Read the full story at the Santa Cruz Sentinel

CALIFORNIA: The Battle over Anchovy

January 29, 2019 — A little over a year after a federal judge overturned a catch limit for the central population of north anchovy, nothing has changed.

Now a judge has issued an order that a new federal rule must be made within 90 days, before April 18.

This is the latest development in a battle that began in 2016 when the National Marine Fisheries Service defined the catch level using a study that only included data collected through 1990 instead of a study that included more data extending through 2011.

Read the full story at The Mercury News

Federal court upholds ruling in anchovy catch-limit lawsuit

January 22, 2019 — A federal judge in California on Friday, 22 January, upheld her decision from last year that claimed NOAA Fisheries did not follow the law when it set the catch limit on an anchovy stock in the state.

The ruling from U.S. District Judge Lucy Koh means the agency will need to set a new limit on the central population of northern anchovy. Environmental advocates argued federal officials kept that figure stationary since 2000 and used nearly 30-year-old data in setting it.

“This decision holds [NOAA Fisheries] to fundamental standards intended by Congress, which require the government to sustainably manage our nation’s fisheries for the benefit of both fishermen and dependent species,” said Mariel Combs, an Oceana attorney in a press release.

Oceana filed the suit in November 2016, a month after NOAA Fisheries maintained the 25,000 metric ton (MT) limit. The environmental organization, represented by Earthjustice is the suit, argued that the catch limit was based on a 1991 study that reported a biomass of more than 700,000 metric tons.

Diane Pleschner-Steele, executive director for the California Wetfish Producers Association, told SeafoodSource she was disappointed in Koh’s ruling. She added, however, that the judge did not set a catch limit and ruled that the agency needs to use the best scientific data available to set its limits.

“In any case, there is general agreement, even from Oceana, that the anchovy population has exploded and available data now find the biomass at historic levels,” Steele said.

Steele also noted that members of the Pacific Fishery Management Council management team will be meeting soon to discuss the next steps in wake of the ruling.

Read the full story at Seafood Source

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

National Coalition for Fishing Communities: An Open Letter to America’s Chefs

October 31, 2018 — WASHINGTON — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Members of the National Coalition for Fishing Communities have long believed that the Magnuson-Stevens Act (MSA) is one of the great success stories in fisheries management. Originally co-sponsored in the House over 40 years ago by Reps. Don Young (R-Alaska) and Gerry Studds (D-Massachusetts), the MSA has become a worldwide model, and is one of the reasons the U.S. has some of the best-managed and most sustainable fish stocks in the world. The bill is named for its Senate champions, Warren Magnuson (D-Washington) and Ted Stevens (R-Alaska).

But we are concerned by a new “nationwide #ChefsForFish campaign targeted at the new 2019 Congress, to launch after the elections in early November,” being organized by the Monterey Bay Aquarium, which the Aquarium calls the “next phase” of its “defense” of the Magnuson-Stevens Act. The Monterey Bay Aquarium described this campaign in an October 25 email sent to its “Blue Ribbon Task Force chefs.” The email asked this network of chefs to support the “Portland Pact for Sustainable Seafood” (attached).

On the surface, the Portland Pact matter-of-factly states sound principles:

  • “Requiring management decisions be science-based;
  • Avoiding overfishing with catch limits and tools that hold everyone accountable for the fish that they remove from the ocean; and
  • Ensuring the timely recovery of depleted fish stocks.”

However, in the last Congress, the Monterey Bay Aquarium used similar language to falsely characterize legitimate attempts to pass needed improvements to the MSA as betraying these principles. In fact, these changes would have made the landmark law even better.

The Monterey Bay Aquarium has repeatedly called on Congress to reject efforts, such as H.R. 200, which passed the U.S. House in July, and was sponsored by the now Dean of the House Don Young, that would amend the Act to introduce needed updates for U.S. fisheries management. If the chefs being asked to sign onto the Portland Pact were to talk to our fishermen, they would know how important these reforms are for the health of our nation’s fishing communities.

Any suggestion that the original co-sponsor of the bill would, 40 years later, act to undermine America’s fisheries, is inappropriate. In fact, most of the “fishing groups” that opposed Congressman Young’s bill, are financially supported by environmental activists and their funders.

No legislation, no matter how well designed is perfect or timeless. In fact, Congress has twice made significant revisions to the MSA, first in 1996 with the passage of the Sustainable Fisheries Act and in 2007 with the MSA Reauthorization Act. Like many other valued and successful laws, the Magnuson-Stevens Act is both working well, and in need of updates.

We agree that “management decisions be science-based.” One of the most significant issues with the current MSA is that it requires that fish stocks be rebuilt according to rigid, arbitrary timeframes that have no scientific or biological basis. Bills like H.R. 200, officially the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, would instead require that stocks be rebuilt according to an appropriate biological timeframe determined by the regional councils that manage the stocks.

H.R. 200 would also introduce other important measures that would better allow the councils to adapt their management plans to fit changing ecological conditions and the needs of fishing communities, which will become increasingly important as our coastal areas experience the effects of climate change.

American fishermen, like many American chefs, are committed to sustainable fishing and healthy oceans. Our businesses need sustainable, abundant fish stocks for us to make a living, and we all want a thriving resource that we can pass down to the next generation. We would never endorse a law that would threaten the long-term survival of our environment or our industry. That is why we endorse changes to the MSA that would ensure both.

We ask that any chef who is considering signing onto the Monterey Bay Aquarium letter to Congress first consult the local fishermen who supply them with fresh, quality products to learn how this law affects their communities.

NCFC members are available to connect chefs with seafood industry leaders, who would be happy to discuss how the MSA can be updated to help both fish and fishermen.

Sincerely,

Alliance of Communities for Sustainable Fisheries
Kathy Fosmark, Co-Chair
CA

Atlantic Red Crab Company
Jon Williams, President
MA

California Wetfish Producers Association
Diane Pleschner-Steele
CA

Delmarva Fisheries Association
Capt. Rob Newberry, Chairman
MD, VA

Fishermen’s Dock Co-Op
Jim Lovgren, Board Member
NJ

Garden State Seafood Association
Greg DiDomenico, Executive Director
NJ

Hawaii Longline Association
Sean Martin, Executive Director
HI

Long Island Commercial Fishermen’s Association
Bonnie Brady, Executive Director
NY

Lunds Fisheries, Inc.
Wayne Reichle, President
CA, NJ

Rhode Island Fishermen’s Alliance
Rich Fuka, Executive Director
RI

Seafreeze, Ltd.
Meghan Lapp, Fisheries Liaison
RI

Southeastern Fisheries Association
Bob Jones, Executive Director
FL

Viking Village
Jim Gutowski, Owner
NJ

West Coast Seafood Processors Association
Lori Steele, Executive Director
CA, WA, OR

Western Fishboat Owners Association
Wayne Heikkila, Executive Director
AK, CA, OR, WA

PRESS CONTACT

Bob Vanasse
bob@savingseafood.org 
202-333-2628

View the letter here

 

Commerce Department Makes Several Fishery Failure Determinations for West Coast Fisheries

September 27, 2018 — SEAFOOD NEWS — Salmon and sardine fisheries off the West Coast have been closed or severely curtailed in the years since The Blob — an unusual mass of warm water — stuck around for most of 2014 and 2015. While not the only odd ocean change, it was blamed for many fisheries problems.

Now, Secretary of Commerce Wilbur Ross has determined those salmon and sardine fisheries are indeed fishery failures due to natural resource conditions, the department said in a press release and letters released Tuesday. Those fisheries will now be eligible for $20 million in fishery disaster aid in the 2018 Consolidated Appropriations Act.

““The Department of Commerce and NOAA stand ready to assist fishing towns and cities along the West Coast as they recover,” Ross said in a statement. “After years of hardship, the department looks forward to providing economic relief that will allow the fisheries and the communities they help support to rebound.”

About a dozen fisheries are included in the determinations, a mix of several tribes and state fisheries from all three West Coast states. Only one, the California red sea urchin fishery, was not included.

“The recent five-year average revenue (2011-2015) from the California red sea urchin fishery was $8,538,815,” Ross’ letter to California Gov. Edmund G. Brown said. “In 2016, California red sea urchin fishery revenues were $7,255,593, which is a 15 percent revenue loss as compared with the previous five-year average. Compared to the previous five-year average, this percentage loss in revenue is substantially lower than the 35 percent revenue loss minimum called for in the NMFS Policy Guidance to justify a determination of a commercial fishery failure, serious disruption, or harm.”

However, the 2015 and 2016 Pacific sardine fishery did meet the requirements for a fishery failure. A large biomass decline in sardines, resulting from unfavorable ocean conditions, was beyond the control of fishery managers, the letter to Gov. Brown stated.

“We are deeply grateful to Secretary Ross and Assistant Administrator for Fisheries Chris Oliver, as well as to West Coast NMFS officials and Governor Brown, for acknowledging that our sardine fishery closure met the legal requirements for designation as a fishery resource disaster,” California Wetfish Producers Association Executive Director Diane Pleschner said in an email. “This determination now makes our sardine fishery eligible for NMFS fishery disaster assistance. We look forward to learning the level of disaster assistance that the Department of Commerce will determine. The fact that relief is coming is very good news.”

NMFS has not determined the allocations for the $20 million in disaster assistance yet, but the final divisions will be pretty small for each entity compared to similar disasters in years past.

For example, the 2016 and 2017 California and Oregon ocean troll Klamath River fall Chinook salmon fisheries were included in the determinations. A similar scenario in 2005 and 2006, in which commercial troll seasons were partially or fully closed due to poor returns of Klamath River fall Chinook, $60.4 million in disaster aid was made available to fishermen, processors and related businesses. Now, those fisheries will have to share part of the $20 million — barring additional funding appropriated by Congress.

Other determinations include the 2017 Yurok and 2016-2017 Hoopa Valley tribes’ Klamath River fall Chinook fisheries; the 2016 Makah ocean coho and Chinook salmon troll fishery in Washington; the 2015 Hoh, Suquamish, Nooksack and Stillaguamish tribes’ coho fisheries in Washington; the 2015 Muckleshoot and Upper Skagit tribes’ coho and pink salmon fisheries in Washington; and the 2015 and 2016 Quileute Tribe coho salmon fisheries in Washington.

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