Saving Seafood

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)

NEW BEDFORD STANDARD-TIMES: New leader of NOAA Fisheries knows his mission

June 25, 2017 — Secretary of Commerce Wilbur Ross has appointed Chris Oliver as the new Assistant Administrator for NOAA Fisheries, with blessings from the White House, a broad swath of fisheries stakeholders, and an enthusiastic group of local stakeholders.

Some five dozen fishing organizations, companies and advocates have been pleased with the outcome of the process that selected Mr. Oliver from among three candidates.

Mr. Oliver’s explicit responsibility will be oversight of management and conservation of the nation’s fisheries — commercial and recreational — inside the coastal fisheries habitat found within the 200-mile Exclusive Economic Zone established by the United Nations.

According to NOAA, while executive director of the Alaska-based North Pacific Fisheries Management Council, he “led the way on several cutting edge management initiatives,” including developing the programs that regulate fishery quota, fishing cooperatives and catch share programs such as we see in the Northeast, the Alaska fishery’s onboard observer program, bycatch reduction programs, habitat protection, allocation programs, and community development programs. This familiarity will leaves us more certain that the progress made in management of the challenging multispecies fishery can continue. It is far from perfect, but the moves toward fleet collaboration and consideration of fishing communities could stand to continue in the Northeast.

“I understand how important stakeholder involvement, transparency, and best available science are to making the right policy decisions and I plan to ensure those tenets of the Magnuson-Stevens Act are applied across the board while I am leading the agency,” he was quoted as saying by the NOAA press release that announced his appointment last Monday. “I intend to rely heavily upon the regional expertise of the eight fishery management Councils and the associated NOAA Fisheries Regions and Science Centers, and to ensure they have the resources necessary to effectively tackle region-specific issues.”

A federal budget has yet to be passed, and the Trump administration has already signaled it wants to see cuts at NOAA, particularly on weather and climate research, but not necessarily on fisheries (perhaps ignorant of the return on investment climate data delivers for fisheries industry and management alike). Mr. Oliver, as he was quoted above, wants to see the resources available to remedy “region-specific issues.” The list for the Northeast council and the Greater Atlantic Region includes untangling the influence of Carlos Rafael upon the groundfish fishery, besides trying to manage a multi-species fishery in a dynamic ecosystem in some of the fastest rising ocean temperatures on Earth.

Read the full opinion piece at the New Bedford Standard-Times

Group votes to protect some Atlantic corals, balk on others

June 22, 2017 — A federal panel voted on Thursday to offer new protections to some deep-sea corals in the Atlantic Ocean but held off on protecting others so it can get more information first.

The New England Fishery Management Council proposals focus on corals in two key fishing areas — the Gulf of Maine and south of Georges Bank off the Massachusetts coast — and have been the subject of debate among environmentalists and fishing groups for months.

“The goal is to protect as much coral as you can while minimizing impact on various industries that are fishing near the corals,” said John Bullard, a regional administrator for the National Marine Fisheries Service and a member of the fishery council.

The proposals to protect the corals would need to be approved by the federal Department of Commerce.

New England’s corals grow in areas such as along underwater canyons and seamounts and provide habitat for marine life including sea turtles and fish. President Barack Obama protected one area last year as the Northeast Canyons and Seamounts Marine National Monument.

Read the full story from the Associated Press at the San Francisco Chronicle

Alaskan appointed to head U.S. fisheries management for NOAA

June 20, 2017 — Chris Oliver of Anchorage has been appointed to manage fisheries nationally for the National Oceanic and Atmospheric Administration, the Trump administration announced Tuesday.

Oliver has since 2000 led the North Pacific Fisheries Management Council, for which he has worked for 27 years. He gained broad support for the position from fisheries groups and members of Alaska’s congressional delegation.

Oliver’s first day as assistant administrator for NOAA Fisheries was Tuesday. He relocated to the Washington area for the job. The position is a political appointment but does not require Senate confirmation.

Oliver said in a statement that he plans “to make long-term sustainability the top priority, while looking for ways to maximize fishing opportunities for the benefit of recreational and commercial fishermen, processors, coastal communities, and the economies which depend upon them.”

“Oliver’s background and expertise will be an asset at NOAA Fisheries as they work to reduce our nation’s $11 billion seafood trade deficit,” said Commerce Secretary Wilbur Ross.

The agency is responsible for managing sustainable U.S. fisheries under the Department of Commerce, as well as recovery and protection of species of whales, sea turtles and corals.

Read the full story at Alaska Dispatch News

Fishermen react to extended red snapper season

June 15, 2017 — Wesley Heimen has been fishing for over 20 years.

The El Campo native woke up to good news Thursday morning that will make his fishing trips in the summer more pleasant.

The agreement between Texas, Florida, Alabama, Mississippi and Louisiana and the U.S. Department of Commerce will allow recreational anglers to fish for red snapper in federal and state waters for 39 weekend days beginning Friday and running through Labor Day, according to the Texas Parks and Wildlife Department.

“I found out in the morning from a friend, and I was really excited,” said the 40-year-old. “It’s great that we get the opportunity to fish more in the summer now.”

Fishermen are allowed to fish Friday, Saturday and Sunday with additional open days on July 3, July 4 and Sept. 4.

The National Oceanic and Atmospheric Administration’s old regulation allowed fishing for red snapper for three days from June 1 to June 3.

“We only got three days in the summer session, and now we have 39 weekend days,” Heimen said. “I’m excited for the kids because the red snapper fight hard and they can get some experience catching that type of fish.”

Texas Parks and Wildlife allows fishermen four red snappers in state waters. In federal waters, the NOAA allows two red snappers.

Read the full story at the Victoria Advocate

Red Snapper season extended by 39 days

June 14, 2017 — Red snapper season in state and federal waters of the Gulf of Mexico will reopen Friday and extend through Labor Day with certain restrictions, the U.S. Department of Commerce announced Wednesday.

The  39-day extension will allow Texas anglers, along with anglers in other gulf states, on private boats to catch red snapper each Friday, Saturday and Sunday during this period. Plus the season will remain open July 3-4 and Sept. 4.

This means anglers may target snapper out to 200 miles from shore during an extra 39 days this summer. In exchange, Texas state waters, which extend out nine nautical miles, will be closed to snapper fishing Monday through Thursday during the extension.

This extension will have no immediate effect on anglers fishing from charter vessels and party boats. Their season began June 1 and runs through July 19, but only in federal waters.

Previously, the summer snapper season for private anglers in federal waters ran from June 1-3 for all gulf states. Texas has a year-round snapper season in state waters, while other gulf states have shorter state seasons.

Anglers on charter vessels and party boats throughout the gulf are not allowed to fish in state waters except during the federal season.

These restrictions are meant to curb overfishing of red snapper, according to federal fisheries managers, which have imposed ever-shortening seasons. The red snapper population is on the rebound, but not fully recovered, according to federal fisheries managers at the National Oceanic and Atmospheric Administration.

The size and bag limit for red snapper during the extended federal season will remain the same at two fish that measure at least 16 inches.

Texas rules allow anglers in state waters to keep four fish daily that measure at least 15 inches.The Texas state season will resume after Labor Day.

Florida and Alabama fisheries managers have agreed to forego their fall state-water seasons. Louisiana and Mississippi have agreed to review their fall seasons and may decide to not to reopen their state waters in the fall, according to the Department of Commerce.

Compromise solution floated on red snapper season

June 12, 2017 — A possible extension of the federal red snapper season could be coming soon, according to the Alabama Department of Conservation and Natural Resources.

Acting Commissioner Chris Blankenship has taken part in talks with federal officials to possibly extend the federal season for recreational fishing to Labor Day weekend.

The negotiations have included leaders from across the state and other officials in Mississippi, Louisiana, Florida and Texas, as well as officials from the U.S. Department of Commerce.

Each state is working out how a compromise could work for its waters.

For Alabama, the current proposal would create a 27-day season that could begin as soon as June 17 to allow fishing in federal waters every Saturday and Sunday until after Labor Day weekend. The newly proposed season would also include July 3 and 4.

In order to get that deal, state officials would have to give up allowed days of fishing in state waters. Fishermen are allowed in Alabama waters, that extend nine nautical miles from the shore, to fish until July 31.

Under the proposed compromise, the state would give up the ability for fishermen to fish within their waters Monday through Friday.

Baldwin County Commissioner Chris Elliott said he and other elected officials across the county had asked for a similar season extension in letters they sent to President Trump and Commerce Secretary Wilbur Ross, and added he felt this compromise might be a possible solution.

Read the full story at The Islander