Saving Seafood

American Samoa Calls On Federal Court To Dismiss Large Vessel Prohibited Area Case

May 31, 2017 — With federal defendants offering no new evidence in the Large Vessel Prohibited Area (LVPA) legal battle, the Territory of American Samoa has asked the federal court in Honolulu to dismiss defendants’ motion for reconsideration and to amend the court’s judgement.

Early this month, the federal defendants, including the US Commerce Department and US National Marine Fisheries asked the federal court to “reconsider and amend” its judgment, which was in favor of plaintiff, the Territory of American Samoa, through the Governor’s Office, or ASG.

US District Court Judge Leslie Kobayashi in March this year ruled in favor of American Samoa, saying that the NMFS’ decision in 2016 to reduce the LVPA in territorial waters is invalid and that NMFS’ adoption of the 2016 LVPA rule, which became effective on Feb. 3, 2016 “was arbitrary and capricious”.

The major focus of the plaintiff’s lawsuit centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deeds of Cession for Manu’a islands — with the United States.

Kobayashi agreed with ASG saying that the court concluded that the Deeds of Cession require the United States to preserve American Samoan cultural fishing practices.

However, the federal defendants requested the court, to among other things, reconsider its judgement. See Samoa News edition May 11th on federal defendants arguments.

Read the full story at the Pacific Island Report

Trump budget delivers body blows to Alaska fisheries

May 27, 2017 — The 2018 budget unveiled May 23 by the Trump administration is bad news for anything that swims in or near U.S. waters.

The Trump budget will cut $1.5 billion from the U.S. Commerce Department, with the National Oceanic and Atmospheric Administration taking the hardest hit.

The NOAA budget for its National Marine Fisheries Service operations, research and facilities would be slashed by about $43 million, eliminating NOAA’s coastal research efforts as well as its Sea Grant program.

The Trump dump also includes pulling the budget from NOAA’s Coastal Zone Management Program and the Pacific Coastal Salmon Recovery Fund, which targets recovery of West Coast and Alaska salmon runs.

Funding for management and enforcement of U.S. catch share programs, such as halibut, sablefish and Bering Sea crab, would be cut by $5 million.

Budgets for Coastal Ecosystem Resiliency Grants, Interjurisdictional Fisheries Grants, the Chesapeake Bay project, the Great Lakes Restoration Project and the National Estuary Program also would be eliminated.

Another $193 billion would be cut from the Supplemental Nutrition Assistance Program over 10 years. SNAP is a program used by more than 42 million needy Americans to supplement food purchases and often includes government-purchased seafood.

Office of Management and Budget Director Mick Mulvaney told McClatchy News that the Trump administration “looked at the budget process through the eyes of the people who were actually paying the bills.”

Read the full story at Alaska Dispatch News

Commerce Committee Advances Coast Guard Authorization

May 19, 2017 — The following was released by the Office of U.S. Senator Dan Sullivan:

U.S. Senator Dan Sullivan (R-AK), Chairman of the Senate Commerce Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, today thanked his colleagues on the Commerce, Science, and Transportation Committee for advancing the Coast Guard Authorization Act of 2017, legislation introduced by Senator Sullivan.

“The men and women of the U.S. Coast Guard do an outstanding job protecting the homeland and responding to crises on a moment’s notice,” said Senator Sullivan. “I am honored to have the opportunity to lead this year’s Coast Guard Authorization, giving our Coast Guard the resources and training they need to complete the many diverse missions they are tasked with. The legislation also includes a number of provisions addressing the priorities and concerns of Alaskans, including relieving unnecessary burdens on fishermen and boat operators, exploring better ways to monitor illegal and unreported fishing, and advancing the Coast Guard’s ability to operate in the Arctic.”

Read the full release here

Chris Oliver Was Offered and Accepted Top NOAA Position – Now Vetting Process Begins

May 11, 2017 — The following was written by Peggy Parker and published today by Seafoodnews.com:

Chris Oliver, Executive Director director of the Alaska-based North Pacific Fisheries Management Council, has been offered and has accepted the position of Assistant Administrator of the National Oceanic and Atmospheric Administration. A tentative start date is Monday, June 19, 2017.

Oliver notified members of the NPFMC and staff by email yesterday, explained that “this appointment is still subject to the White House vetting and approval process, which may take a few weeks, so it is NOT final yet.”  

He said that recent industry rumors, plus the need for transition planning, led to his email.

Only the Commerce Department or the White House can make any official announcement on the position, and that cannot happen until the process is complete.

“I, and Commerce, would have preferred to keep this information close until the full appointment process is indeed finalized, but given the timing involved, and the necessary transitional aspects involved, I feel it is incumbent upon me to let everyone know the status of this,” Oliver wrote.

It is widely believed that Oliver’s appointment will give NMFS needed stability and deep experience at a time of significant budget and regulatory review.

There were two other contenders for the job — Robert Barham, who served as wildlife and fisheries secretary under former Louisiana Gov. Bobby Jindal (R),  and LaDon Swann who heads up the Mississippi-Alabama Sea Grant Consortium.

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

Former fish auction owners renew battle with NOAA

April 7, 2017 — The long and torturous legal battle with NOAA that sent the former Gloucester Fish Exchange into bankruptcy and to its ultimate sale may not be over just yet.

The owners of GFX — the forerunner to the Cape Ann Seafood Exchange on Harbor Loop — are suing NOAA in federal court to recoup about $464,000 in legal fees the company paid during its battle and ultimate settlement with the federal fisheries regulator.

The action names current Commerce Secretary Wilbur Ross, the Commerce Department and the National Oceanic and Atmospheric Administration as defendants.

The suit, prompted by NOAA’s final decision on March 6 denying GFX any reimbursement for legal fees, rekindles the battle that began as far back as 2005. The long-running affair resulted in two NOAA enforcement actions against the former auction — and a subsequent apology by then Commerce Secretary Gary Locke and NOAA administrator Jane Lubchenco for the excesses of the agency’s law enforcement unit.

The former owners of GFX seek to void the settlement GFX agreed to for the enforcement actions, saying the deal should be set aside because it was the product of “economic duress” created by NOAA, and that NOAA “breached the covenant of good faith and fair dealing.”

“The amount of attorneys’ fees and costs that GFX has had to bear, as well as the permit sanctions imposed and modified numerous times throughout the mosaic of agency actions …  which in fact caused GFX to enter bankruptcy, are arbitrary and/or excessive,” the suit claims.

Read the full story at the Gloucester Times

Commercial disasters declared for nine West Coast fisheries

March 21, 2017 — The Commerce Secretariat determined that nine salmon and crab fisheries in Alaska, California and Washington experienced commercial failures, which will enable fishing communities to seek disaster relief assistance from Congress, NOAA Fisheries Division reported.

The decision was taken by US Secretary of Commerce Penny Pritzker due to the fact that in recent years, each of these fisheries experienced sudden and unexpected large decreases in fish stock biomass due to unusual ocean and climate conditions.

The fisheries deemed to have experienced commercial failures are the following:

  • Gulf of Alaska pink salmon fisheries (Alaska/2016)
  • California Dungeness and rock crab fishery (California/2015-2016);
  • Yurok Tribe Klamath River Chinook salmon fishery (California/2016);
  • Fraser River Makah Tribe and Lower Elwha Klallam Tribe sockeye salmon fisheries (Washington/2014);
  • Grays Harbor and Willapa Bay non-treaty coho salmon fishery (Washington/2015);
  • Nisqually Indian Tribe, Jamestown S’Klallam Tribe, Port Gamble S’Klallam Tribe, and Squaxin Island Tribe South Puget Sound salmon fisheries (Washington/2015);
  • Quinault Indian Nation Grays Harbor and Queets River coho salmon fishery (Washington/2015);
  • Quileute Tribe Dungeness crab fishery (Washington/2015-2016);
  • Ocean salmon troll fishery (Washington/2016).

“The Commerce Department and NOAA stand with America’s fishing communities. We are proud of the contributions they make to the nation’s economy, and we recognize the sacrifices they are forced to take in times of environmental hardship,” said Samuel D. Rauch III, deputy assistant administrator for regulatory programs, NOAA Fisheries.

Rauch stressed their commitment to helping these communities recover and achieve success in the future.

Read the full story at Fish Information & Services

Could fisheries policy change under Trump and Commerce Secretary Ross?

March 15, 2017 — Since January, Commerce Secretary Wilbur Ross, who oversees the nation’s fishery regulators, has offered hints that changes to U.S. fishery policy might be in store.

A formal fisheries policy has yet to emerge, and these are, of course, still early days for the Trump Administration. But some observers read in Ross’s recent statements a potential desire to increase fishing.

During the campaign, Trump railed repeatedly against the United States’ trade deficit. And Ross, during his Senate confirmation in January, expressed a wish to reverse the nation’s seafood trade deficit – a tall task given that the U.S. imports 90 percent of the seafood eaten here and has a USD 11 billion (EUR 10.3 billion) seafood trade deficit.

“Given the enormity of our coastlines, given the enormity of our freshwater, I would like to try to figure out how we can become much more self-sufficient in fishing and perhaps even a net exporter,” he said at his confirmation hearing in January, according to Politico.

Then, during his first address to the department’s 47,000 employees, on 1 March, he listed a key challenge for the department of “obtaining maximum sustainable yield.” It was his only reference to the nation’s fisheries during the short speech.

“The Secretary’s remarks reflect the importance our nation’s marine and coastal fisheries resources, and his commitment to ensuring these resources are sustainable for generations to come,” John Ewald, a spokesman for NOAA Fisheries, told SeafoodSource in an email.

How Ross views fisheries matters, since his department oversees both the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service. Ross will make appointments to the nation’s regional fishery management councils, and the policies he advances will have profound effects on recreational and commercial fishermen.

Those policies could mark a sharp departure from the conservation-driven policies of the last eight years. The Recreational Fishing Alliance, an early supporter of Trump’s campaign for president, sees the potential for a new day under Trump, and hopes Ross will reverse the Obama administration’s policies.

Read the full story at Seafood Source

Sean Horgan: New Commerce secretary says US should be first in seafood

March 6, 2017 — The U.S. Senate took time out from its annual handball tournament last week and confirmed Wilbur Ross as the new commerce secretary, adding yet another billionaire to the Trump cabinet that has more of them than Danny Ainge has draft picks.

Ross is estimated to be worth about $2.9 billion, which means Commerce’s NOAA Fisheries might want to bypass Congress and put the arm on the new boss the next time its runs out of cash for at-sea monitoring.

Still, fishing stakeholders had to take some measure of comfort from his intention to make America first in the world in seafood by the reversing the trend of massive annual seafood imports.

“Given the enormity of our coastlines, given the enormity of our fresh water, I would like to figure out how we can become much more self-sufficient in fishing and perhaps even a net importer,” Ross told the senators during his confirmation hearing in January.

Bully for him. But how will he do it? Will his crusade translate into fewer regulations? Higher fishing quotas? Declaring war on seafood competitors?

The Politico website had its own suggestion:

“One action Ross could take to curb the amount of seafood the U.S. imports each year is to follow through on the Seafood Monitoring Program which the Commerce Department’s National Oceanic and Atmospheric Administration established during the waning days of the Obama administration,” it wrote in an analysis of the Ross confirmation. “That regulation, supported by environmental groups like Oceana, is aimed at reducing billions of dollars in illegal, unreported and unregulated fishing each year by creating a traceability program to track imported seafood from point of harvest to point of entry in the U.S.”

Read the full opinion piece at the Gloucester Times

White House proposes steep budget cut to leading climate science agency

March 6, 2017 — The Trump administration is seeking to slash the budget of one of the government’s premier climate science agencies by 17 percent, delivering steep cuts to research funding and satellite programs, according to a four-page budget memo obtained by The Washington Post.

The proposed cuts to the National Oceanic and Atmospheric Administration would also eliminate funding for a variety of smaller programs, including external research, coastal management, estuary reserves and “coastal resilience,” which seeks to bolster the ability of coastal areas to withstand major storms and rising seas.

NOAA is part of the Commerce Department, which would be hit by an overall 18 percent budget reduction from its current funding level.

The Office of Management and Budget also asked the Commerce Department to provide information about how much it would cost to lay off employees, while saying those employees who do remain with the department should get a 1.9 percent pay increase in January 2018. It requested estimates for terminating leases and government “property disposal.”

The OMB outline for the Commerce Department for fiscal 2018 proposed sharp reductions in specific areas within NOAA such as spending on education, grants and research. NOAA’s Office of Oceanic and Atmospheric Research would lose $126 million, or 26 percent, of the funds it has under the current budget. Its satellite data division would lose $513 million, or 22 percent, of its current funding under the proposal.

Read the full story at the Washington Post

New Jersey asks new Commerce boss to stop fluke cut

March 3, 2017 — Wilbur Ross meet New Jersey’s summer flounder fishermen.

Ross is the newly appointed U.S. Secretary of Commerce. As the department’s boss, he oversees management of fisheries through its Fisheries Office and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service.

He’s the person the Christie Administration, and state delegates are now trying to hook, and win over to their side on the summer flounder issue.

They wasted no time to petition Ross this week and ask him to put a hold on the new summer flounder regulations approved by the Atlantic States Marine Fisheries Commission on Feb. 2.

The regulations call for a 30-percent reduction in the coastwide harvest of summer flounder on the Atlantic Coast. The regs were voted on after federal regulators reported the coastwide summer flounder population from Maine to North Carolina declined and fishermen overfished their quota last year.

Read the full story at the Asbury Park Press