Saving Seafood

Bills would open snapper harvest out to at least 25 miles

August 3, 2017 — Louisiana senators and representatives have introduced companion legislation in Congress that would give states management authority of red snapper out to 25 miles or 25 fathoms, whichever is greater, off their coastlines. Currently, states control red snapper out to nine nautical miles.

Both Louisiana senators, Bill Cassidy and John Kennedy, introduced the bill in the Senate, while Reps. Garret Graves, Cedric Richmond and Clay Higgins joined seven other representatives to propose the House bill.

The legislation is designed to ensure Gulf of Mexico anglers have broader access to rebounding red snapper stocks during 2018 and beyond. This year, the Commerce Department gave recreational anglers 39 additional days in federal waters after NOAA Fisheries set a three-day recreational season.

That move is being contested in court, and without legislation to address the issue, recreational anglers could be locked out of the fishery in 2018.

Graves said the need for legislation is overdue.

“Something has to change,” he said. “It is time to replace the status quo with a management system that more accurately reflects today’s red snapper private recreational fishery.”

Read the full story at the New Orleans Times-Picayune

Fishing managers to meet over Trump official’s flounder rule

July 31, 2017 — Interstate fishing regulators are meeting to discuss a Trump administration decision they say has the ability to jeopardize conservation of marine resources on the East Coast.

The Atlantic States Marine Fisheries Commission is meeting Tuesday in Alexandria, Virginia. The commission has disagreed recently with U.S. Secretary of Commerce Wilbur Ross over a decision he made about summer flounder fishing.

The commission announced in June it had found New Jersey out of compliance with management of the fishery.

Read the full story from the Associated Press at the New Jersey Herald

PRESS OF ATLANTIC CITY: One way or another, NJ victory in flounder fight won’t last long

July 31, 2017 — Several months of fighting over catch restrictions for summer flounder, a.k.a. fluke, culminated earlier this month in a striking victory for New Jersey fishing interests and their representatives.

Federal regulators wanted to cut the catch 30 percent by increasing the size of keeper fish an inch (to 19 inches in the ocean and nearby waters, 18 in Delaware Bay), imposing a daily limit of three fish and setting a 128-day season.

Since January, fishing groups such as the Jersey Coast Anglers Association and federal representatives have pushed to avert the restrictions, at least until a fresh assessment of the flounder stock can be made.

Rep. Frank LoBiondo and fellow delegates from New Jersey in January sent the first of four letters against the restrictions to Obama administration Commerce Secretary Penny Pritzker. When that got nowhere, a letter went to her replacement in the Trump administration, Wilbur Ross … and then in April one to the chair of the House panel considering a LoBiondo-sponsored bill requiring a new stock assessment.

Read the full editorial at the Press of Atlantic City

NH fishermen ask U.S. Supreme Court to hear monitoring case

July 25, 2017 — New Hampshire fishermen fighting for their livelihood are now trying to take their case to the nation’s highest court.

Commercial fishermen said they must pay $700 a day for fishing monitors, people who go out with fishermen and collect data.

The government mandate began seven years ago, but the cost was only recently put on the fishermen.

That prompted legal action against the government.

“Basically, we had a ruling that said we were time barred, which means we didn’t appeal within a certain period of time,” said Hampton-based fisherman David Goethel.

Goethel said he believes they did appeal in time, and now wants the U.S. Supreme Court to recognize that.

“What we’re asking for is the court to rule that we deserve a review of the merits of the case,” he said.

The lawsuit is against the U.S. Department of Commerce, which includes the National Oceanic and Atmospheric Administration.

“NOAA Fisheries doesn’t have taxing authority,” Goethel said. “Only the United States Congress does. That’s the essential merits of the case.”

Goethel said that back in 2010, before the fishing monitors, there were about 100 groundfishermen in New Hampshire. Today, he said, there are only about six.

Read the full story at WMUR

Trump administration steps in on fishing limits, and the implications could ripple

July 25, 2017 — [Commerce Secretary Wilbur] Ross earlier this month dismissed the findings of the 75-year-old Atlantic States Marine Fisheries Commission, which concluded that New Jersey was violating a conservation plan for summer flounder that all the other states in the compact approved. Many conservationists thought that New Jersey, while following protocols, was bowing to the fishing industry.

The decision, which effectively allows New Jersey to harvest more summer flounder, marked the first time the federal government had disregarded such a recommendation by the commission, and it drew a swift rebuke from state officials along the East Coast.

Officials in New Jersey, which has one of the region’s largest fluke populations, had drafted an alternative plan that they said would do more to protect the fishery, but it was rejected by the commission, whose scientists concluded the plan would result in nearly 94,000 additional fish being caught. Ross, who oversees the National Oceanic and Atmospheric Administration, overruled the commission, allowing New Jersey to proceed.

“New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective,” Chris Oliver, assistant administrator of fisheries at NOAA, wrote the commission in a letter on behalf of Ross.

“This is the first time that no one asked me for a formal recommendation,” said John Bullard, NOAA’s Greater Atlantic regional administrator. “The secretary’s decision goes against long-standing protocol, and there’s a cost to that.”  He added: “There’s a reason to have regional administrators, because their experience and knowledge is valuable in making decisions like this one. This is an unfortunate precedent.”

“Ross was brilliant in his decision,” said Jim Donofrio, executive director of the Recreational Fishing Alliance in New Jersey, which represents thousands of recreational fishermen across the country. “The Trump administration has challenged a broken fishery management system in this country, and I applaud them for doing it.”

Read the full story at the Boston Globe

REP. DANIEL WEBSTER: Red snapper deal a step forward

July 12, 2017 — It’s summer and with its arrival comes Florida’s fishing season. Fishing in the Gulf is an age-old pastime enjoyed by Floridians and tourists alike. Our miles of coastline and myriad of fish call both the seasoned and brand new angler, but with these miles comes also the responsibility to conserve our fish for generations.

Florida has worked diligently on maintaining a healthy stock of red snapper in our Gulf waters for years. And the great news is this year, we have an expanded season for red snapper in particular — a prized staple in our Gulf.

Last week, Florida joined the other four Gulf States in a compromise with the federal government that aligns both federal and state recreational red snapper fishing seasons for this summer. The result: 39 weekend days and holidays.

This is a step forward in maximizing private angler access to red snapper. With this agreement, President Donald Trump’s Department of Commerce demonstrates that through compromise and sound science, recreational anglers can participate in extended red snapper fishing without harm to the environment. The ruling permits fishing of red snapper on Fridays, Saturdays and Sundays from June 16 until Labor Day, Sept. 4, as well as July 3 and 4. Floridians and adjoining Gulf neighbors now have the longest federal-waters fishing season since 2013.

This agreement respects Florida’s much-need voice in the maintenance of our red snapper stock. Red snapper is a particularly important cultural element of our district and of our state. Red snapper fishing boosts tourism and recreational anglers alike, which are both critical to the Florida economy.

Read the full letter at The Suncoast News

Dave Goethel takes case to US Supreme Court

July 13, 2017 — After losing a lawsuit alleging a federal agency has imposed unfair regulations, Hampton fisherman David Goethel is taking his case to the U.S. Supreme Court.

Cause of Action Institute, which is representing Goethel and a group of other fishermen pro bono, filed a petition to be taken up by the Supreme Court Tuesday. The suit was originally filed in U.S. District Court against the National Oceanic and Atmospheric Administration and U.S. Department of Commerce in 2015. It alleges NOAA unfairly requires commercial groundfishermen to fund at-sea monitors to join them on fishing trips and observe their compliance with regulations. Groundfish include popular New England fishing species like cod and haddock.

A First U.S. Circuit Court of Appeals panel in Boston affirmed a ruling in favor of NOAA and the DOC this spring. According to Cause of Action’s petition, the lower court erred in dismissing the case based on the original suit being filed well after a 30-day deadline for challenging the regulation. Cause of Action is arguing the ruling prevented the court from addressing the merits of the suit’s argument – that fishermen believe it is unconstitutional for the government to force an industry to pay for its own policing.

Read the full story at the Portsmouth Herald

LOUISIANA: Red snapper season dominates LWFC meeting

July 8, 2017 — The dire prediction from two state fishery managers that recreational anglers would catch Louisiana’s self-imposed limit of red snapper by early July did not materialize after information was provided during Thursday’s Louisiana Wildlife and Fisheries Commission meeting.

Jason Adriance, the state Wildlife and Fisheries biologist who reports to the LWFC on such matters, told the seven-member commission Louisiana fishermen took less than half of the 1.04 million pounds of red snapper during the early three-day federal season and a special weekends-only season struck between congressmen and the U.S. Department of Commerce.

That 1.04 figure comes from data showing Louisiana’s recreational take is 14 percent of the overall catch from Gulf waters when extracted from the annual recreational catch quota mandated by federal fisheries managers.

The special recreational season opened June 9, and came after the June 1-3 season in federal waters, the shortest-ever recreational red snapper season.

The congressional push, which was acknowledged to be led by Reps. Garret Graves and Steve Scalise, both Louisiana Republicans, gave the five Gulf states three options from which a 39-day season was put in place to run Fridays-through-Sundays with exceptions adding July 3-4 and Labor Day, Sept. 4, to the open season, which is to close Sept. 4.

Adriance’s presentation indicated the recreational catch, derived from its LA Creel data, came up just short of 500,000 pounds, and said that number didn’t include catches from the four-day Fourth of July period.

Read the full story at The Acadiana Advocate

Hawaii Loses A Fishery Council Seat After Governor’s Fumble

June 29, 2017 — Hawaii managed to hold onto one of the two at-large seats it has historically held on the Western Pacific Regional Fishery Management Council thanks to the governor of the Northern Mariana Islands nominating someone from the Aloha State.

Edwin Ebisui, a lawyer, part-time commercial fisherman and the council’s current chair, has been appointed to serve another three-year term, the U.S. Commerce Department announced Wednesday.

The other at-large seat will go to commercial tuna fisherman Eo Mokoma of American Samoa, who will replace Kona charter fisherman McGrew Rice after his term ends Aug. 11. Mokoma operates the only active longline boat in the territory, an alia catamaran, according to the nomination letter American Samoa Gov. Lolo Moliga sent to the National Marine Fisheries Service.

Gov. David Ige’s administration twice missed deadlines to submit to federal officials a list of nominees to fill two of the at-large seats that are expiring on the council, which manages fish stocks in nearly 1.5 million square miles of the Pacific Ocean.

The Commerce Department, which oversees the National Oceanic and Atmospheric Administration, was left to choose from the lists of nominees provided by the governors of American Samoa and the Northern Marianas. Guam, the other U.S. territory represented on the council, which has 13 voting members, did not nominate anyone.

Read the full story at the Honolulu Civil Beat

U.S. Commerce Department Announces Appointments to Regional Fishery Management Councils for 2017

June 29, 2017 — The following was released by NOAA:

The U.S. Commerce Department today announced the appointment of 22 new and returning members to the eight regional fishery management councils that partner with NOAA Fisheries to manage ocean fish stocks. The new and reappointed council members begin their three-year terms on August 12.

The Magnuson-Stevens Fishery Conservation and Management Act established the councils to prepare fishery management plans for their regions. NOAA Fisheries works closely with the councils through this process and then reviews, approves and implements the plans. Council members represent diverse groups, including commercial and recreational fishing industries, environmental organizations and academia. They are vital to fulfilling the act’s requirements to end overfishing, rebuild fish stocks and manage them sustainably.

Each year, the Secretary of Commerce appoints approximately one-third of the total 72 appointed members to the eight regional councils. The Secretary selects members from nominations submitted by the governors of fishing states, territories and tribal governments.

Council members are appointed to both obligatory (state-specific) and at-large (regional) seats. Council members serve a three-year term and can be reappointed to serve three consecutive terms. Asterisks preceding a member’s name indicate a reappointment.

New England Council (*denotes reappointment)

The New England Council includes members from Connecticut, Maine, Massachusetts, New Hampshire and Rhode Island. 2017 appointees will fill four at-large seats.

  • Peter Kendall* (New Hampshire)
  • Elizabeth Etrie* (Massachusetts)
  • John Pappalardo* (Massachusetts)
  • Ernest F. Stockwell (Maine)

Mid-Atlantic Council

The Mid-Atlantic Council includes members from the states of Delaware, Maryland, New Jersey, New York, North Carolina, Pennsylvania and Virginia. 2017 appointees will fill obligatory seats for Maryland, North Carolina, New York, Pennsylvania and one at-large seat.

Obligatory seats:

  • Earl Gwin (Maryland)
  • Francis Hemilright* (North Carolina)
  • Steven Heins (New York)
  • G. Warren Elliott* (Pennsylvania)

At-large seat:

  • Laurie A. Nolan* (New York)