Saving Seafood

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.

CALIFORNIA: Threat of El Niño has Pacific squid fleet on edge

August 7, 2018 –All eyes and ears were on water temperatures and foreign trade tariffs as seiners hit their strides in the West Coast squid season. Cooler ocean temperatures last fall fostered hopes that the environmental pendulum had begun swinging in favor of squid production. But as the summer of 2018 ensued, the threat that El Niño conditions may be returning set fishermen and processors on edge.

“We’re watching the inklings of an El Niño,” said Diane Pleschner-Steele, executive director of the California Wetfish Producers Association, in Buellton. “It’s an interesting season. It started well, and it’s still going… better than when we were in the throes of El Nino.”

In late June, Oregon had posted healthy landings, and Pleschner-Steele said harvest numbers had begun picking up in California. The commercial squid season runs from April 1 to March 31 of the following year, and seiners fish on a quota of 118,000 short tons. Pleschner-Steele says the fleet hasn’t caught the quota in recent years, given oceanic conditions and other factors, and that the set quota is an optimal harvest number.

As of June 28, the seiners had landed 9,931 tons of squid.

On July 3, Pleschner-Steele said it was unlikely the fleet would catch the quota this year. The pending shortage in the harvest might be a good thing, in terms of curbing volumes headed to troubled markets in China.

The recent trade fracas between China and the United States predicated a stiff tariff on U.S. squid products shipped to China, one of the West Coast industry’s primary markets.

Read the full story at National Fisherman

East and West Coast NCFC Members: ‘H.R. 200 Will Create Flexibility Without Compromising Conservation’

June 25, 2018 — WASHINGTON — Today, East and West Coast members of Saving Seafood’s National Coalition for Fishing Communities (NCFC) submitted a letter to Speaker of the House Paul Ryan and Majority Leader Kevin McCarthy in support of H.R. 200, the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, which would update the Magnuson-Stevens Act.

The letter, which was also sent to Minority Leader Nancy Pelosi, House Natural Resources Committee Chairman Rob Bishop, House Natural Resources Committee Chairman Emeritus Don Young, and other top Congressional officials, states that H.R. 200 will “create flexibility without compromising conservation.”

“We want a Magnuson-Stevens Act (MSA) that allows for both sustainable fisheries management, and the long-term preservation of our nation’s fishing communities,” the groups wrote. “We firmly believe that Congress can meet these goals by allowing for more flexibility in management, eliminating arbitrary rebuilding timelines, and adding other reforms that better take into account the complex challenges facing commercial fishermen.”

The letter does not include support from the NCFC’s Florida, Gulf of Mexico, and South Atlantic members, which supported the legislation from the beginning, but withdrew their support due to a late change to the Manager’s Amendment that would negatively impact their region. The NCFC’s East and West Coast members continue to support the bill on its overall merits, but share the concerns of Gulf and South Atlantic fishermen over this late alteration.

Organizations affiliated with the NCFC do not accept money from ENGOs, and represent the authentic views of the U.S. commercial fishing industry.

The letter signers represent the American Scallop Association, Atlantic Red Crab Company, Atlantic Capes Fisheries, BASE Seafood, California Wetfish Producers Association, Cape Seafood, Garden State Seafood Association, Inlet Seafood, Long Island Commercial Fishing Association, Lund’s Fisheries, North Carolina Fisheries Association, Rhode Island Commercial Fishermen’s Alliance, Seafreeze Ltd., Town Dock, West Coast Seafood Processors Association, and Western Fishboat Owners Association.

Read the full letter here

 

Judge rules for Oceana in California anchovy dispute

June 20, 2018 — Just how many anchovies are there off the northern coast of California and are there enough to fish commercially?

Environmental activist group Oceana and the National Marine Fisheries Service (NMFS) have different answers to those questions, and a federal judge’s ruling recently favored Oceana’s view, reducing opportunities for California fishermen.

At issue is the science that NMFS relied on in reaching a 2016 decision to set the total allowable catch (TAC) 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 TAC was set, conservatively, the agency said, at a fourth of that level.

However, after the 2016 rule was adopted, Oceana sued NMFS in federal court arguing that the rule violated principles established in the the Magnuson-Stevens Act because the agency failed “to articulate the scientific basis for this catch limit”.

Read the full story at Undercurrent News

With Support from Chris Oliver, Pacific Council Approves Sardine Set Aside of 7000 Tons

April 12, 2018 — SEAFOOD NEWS — On Sunday, the Pacific Fishery Management Council approved the management measures for the West Coast sardine fishery that were recommended by the California Pacific Sardine management team. The decision provides for 7,000 Mt for all uses, allowing fishermen a reasonable set aside for incidental take.

Diane Pleschner-Steele, Executive Director California Wetfish Producers Association said “We are very thankful to the Council for applying the best available common sense in making its decision, especially in light of the concerns expressed during the recent methods review and the earlier problems voiced about last year’s sardine panel review.”

“And we are especially grateful to NOAA Assistant Administrator Chris Oliver, who took the time to address the Council in support of sustainable fishing communities, as well as resources, saying in part, ‘We have to combine that scientific underpinning with practicality and common sense.’

“This is especially topical given the ongoing forage fish discussion and its relationship to California’s historic wetfish industry, which has been the foundation of our fishing economy for more than a century. All too often, that importance is largely ignored or dismissed with pleas to ‘leave most of the fish in the water for other predators.’ Our precautionary catch rules already do that.

“In sum, a big thank you to the Council for doing the right thing for sardine fishery management and for fishing families and communities up and down the West Coast.”

This story originally appeared on Seafood News, it is republished with permission.   

 

California Wetfish Group Tells Council Sardine Assessment is Badly Flawed

April 10, 2018 — SEAFOOD NEWS — The Pacific Fishery Management Council will discuss sardine stock assessments at its meeting this week.  The 2018 official assessment estimated that the sardine stock biomass has declined 97% since 2006.

However, the California Wetfish Association says that survey is highly flawed.

“Fishermen are seeing more sardines, not less, especially in nearshore waters. And they’ve been seeing this population spike for several years now,” said Diane Pleschner-Steele, executive director of the California Wetfish Producers Association (CWPA). “This stock assessment was an update that was not allowed to include any new methods and was based primarily on a single acoustic survey that reached only as far south as Morro Bay and totally missed the nearshore coastwide.”

The 2018 update assessment of 52,000 tons, down from 86,586 tons in 2017 and 106,100 tons the year before, is based on a change in methods and assumptions in estimating population size developed during an independent stock assessment review in 2017.

Scientists acknowledged that assuming the acoustic survey ‘sees’ all the fish leads to lower biomass estimates. But it’s obvious to fishermen that the survey missed a lot of fish. In fact, with different assumptions, the 2017 biomass estimate would have increased from 86,586 tons to 153,020 tons.

The thorny problem the Council faces in April is what to do with a flawed assessment that is perilously close to the 50,000-ton minimum stock size threshold that would trigger an “overfished” condition and curtail virtually all sardine fishing. (The directed fishery has been closed since 2015, but incidental harvest in other fisheries, as well as Tribal take and live bait fishing have been allowed under a precautionary annual catch limit of 8,000 tons for all uses.) Oceana has already signaled its intent to lobby for the Council to declare sardines “overfished.”

“Despite ample evidence to the contrary – most scientists agree that environmental factors play the primary role in sardine populations swings – Oceana claims that overfishing is the cause of the sardine fishery decline,” said Pleschner-Steele. “But the absolute opposite is true: fishing is a non-issue and more importantly, the sardine stock is not declining.”

The NOAA acoustic survey was based mainly on the 2017 summer acoustic trawl cruise that ran from British Columbia to Morro Bay, CA, but did not include the area south to Pt. Conception and Southern California where fishermen have reported large schools of sardines for the past three years. What’s more, this stock assessment update was based on a model that the chair of the 2017 Stock Assessment Review panel termed the “least worst” option. In part, the problem is that acoustic trawl surveys conducted by large research vessels cannot gather data in nearshore waters inside about 50 meters depth – 27 fathoms. But 70 to 80 percent of California’s sardine catch comes from nearshore waters inside the 20-fathom curve.

To document the missing fish, the California Department of Fish and Wildlife and CWPA conducted a cooperative aerial survey in the Monterey / Half Moon Bay area last summer – at the same time the acoustic trawl cruise was surveying outside waters – and saw a significant body of both sardine and anchovy inside the acoustic survey nearshore limit.

The problem is this evidence has not yet been qualified for use in stock assessments. However, at the upcoming meeting, the Department of Fish and Wildlife will present the data from our nearshore aerial surveys in 2016-17. CWPA will also request that the Council approve our experimental fishery permit to help us qualify our aerial surveys as an index of nearshore abundance for future assessments.

“The bottom line is it’s vital for proper management of our fisheries that we use all available scientific data. That’s why the Council needs to take into consideration these nearshore findings when recommending sardine management measures in 2018,” said Pleschner-Steele. “CWPA along with sardine fishermen contest the 52,000-ton stock assessment and will request a new stock assessment review as soon as possible, including other indices of abundance in addition to acoustic trawl. If the Council closes the sardine fishery entirely, California’s historic wetfish industry – which until recent years produced 80 percent or more of the volume of seafood landed statewide – will suffer unnecessarily, along with the state’s entire fishing economy.”

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