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Flounder season uncertain as New Jersey continues to fight cuts

April 14, 2017 — New Jersey’s fight against approved summer flounder measures hangs in the balance, and a meeting next month could prove critical for flounder fishermen.

The state’s Marine Fisheries Council met Thursday evening at the Galloway Township branch of the Atlantic County Library in part to discuss its strategy in opposing a federal regulatory commission’s decision to cut this year’s summer flounder catch by 30 percent.

“I’m getting questions every day,” said Dick Herb, the council’s chairman. “We just don’t know what’s going to happen there.”

“There’s a lot of things going on behind the scenes,” he added.

Earlier this year, the state council voted to go out of compliance with the federal measures, which could trigger a pivotal decision by new Commerce Secretary Wilbur Ross following a federal regulatory meeting in May, Herb said.

Ross could decide to shut down recreational and commercial flounder fishing in New Jersey, or he could study the issue and allow fishing to continue, among other options, according to Herb.

“He can do what he wants to do,” Herb said. “I think we’re going to have to move awfully quickly when we get some movement on this.”

In February, the Atlantic States Marine Fisheries Commission approved the new reductions, which would limit New Jersey recreational fishermen to three fish at 19 inches in the Atlantic Ocean and three at 18 inches in the Delaware Bay.

Read the full story at the Press of Atlantic City

Fishermen Nationwide Sign Letter of Support for Commerce Secretary’s Fishery Goals

WASHINGTON — March 22, 2017 – The following was released by the National Coalition for Fishing Communities:

Earlier this month, shortly after being confirmed as Secretary of Commerce, Wilbur Ross addressed Commerce Department staff and outlined his priorities for the Department. Among the top priorities listed was “obtaining maximum sustainable yield for our fisheries.” 

The Secretary had previously expressed his desire to boost domestic seafood production prior to his confirmation. In a February story featured in Politico, Secretary Ross is quoted as emphasizing the need to “figure out how we can become more self-sufficient in fishing and perhaps even an net exporter.”

In response to Secretary Ross’ early interest in working with U.S. fisheries, the National Coalition for Fishing Communities (NCFC) organized a letter of support for the Secretary’s goals. The letter was signed by over 350 members of the fishing industry from across the country. The NCFC would like to thank Commerce Secretary Ross for pledging to support the nation’s fishing communities.

The full text of the letter is below:

Dear Secretary Ross,

As members of our nation’s fishing communities, we want to express our gratitude for making the attainment of maximum sustainable yield in our fisheries a priority for the Commerce Department. We are also most appreciative of your publicly stated goal to increase domestic seafood production, which is a priority of Saving Seafood’s National Coalition for Fishing Communities.

It is most encouraging that we have a Secretary of Commerce who understands the importance of sustainably harvested seafood. As you know, the U.S. fishing industry is a multi-billion dollar industry, and is a vital economic engine for our coastal communities. The industry is ready and willing to work with you and your department to achieve the goals you have set forth for American fisheries, and we want to build a successful relationship between the Commerce Department and commercial fishermen. 

We know it is within our means to sustainably increase harvests and achieve maximum sustainable yield. A vibrant fishing industry will pay dividends not only to the coastal communities, but also to the millions of consumers who rely on the nutritional benefits of domestic sustainable seafood.

Read the letter here

Wilbur Ross: Make America first on seafood

February 28, 2017 — Wilbur Ross is expected to emerge as the Trump administration’s leading voice on trade after the Senate votes tonight to confirm him as Commerce Department secretary. He’s already singled out a surprising pet project: Reducing America’s reliance on seafood imports.

“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,” the 79-year-old billionaire businessman said at his confirmation hearing in January.

That would be a big job for anyone, since 85 percent, or some $20 billion, of seafood consumed in the U.S. comes from abroad. America is the second-largest seafood market after the 28-nation European Union, and the U.S. seafood industry runs an $11 billion trade deficit.

One action Ross could take to curb the amount of seafood the U.S. imports each year is to follow through on the Seafood Import Monitoring Program, which the Commerce Department’s National Oceanic and Atmospheric Administration established during the waning days of the Obama administration. 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. Pros, Doug Palmer dives into Ross’ fishing expedition here.

Read the full story at Politico

Billionaire heads toward confirmation as Commerce secretary

February 27, 2017 — The Senate is set to vote on Ross’ nomination Monday evening. Ross easily cleared the Senate Commerce Committee and a procedural vote by the full Senate.

Senators also are expected to move forward on Trump’s nomination of Montana Rep. Ryan Zinke to lead the Interior Department. If Zinke clears a procedural vote set for late Monday a final vote on confirmation could occur on Tuesday or Wednesday.

Senators from both political parties were deferential to Ross at his nearly four-hour confirmation hearing, which was much more subdued than the confirmation hearings of other Trump nominees.

Former Commerce secretaries have praised him, including one who served under former President Barack Obama.

“I believe his extensive management experience in the private sector, and his understanding of the challenges faced by workers and businesses alike, will equip him well for the job of leading the Department of Commerce,” said Sen. John Thune, R-S.D., chairman of the Commerce Committee.

At least one Democratic senator opposes Ross.

Sen. Elizabeth Warren of Massachusetts criticized Ross’ business ties to Russia and the way he ran a mortgage lender during the housing crisis.

Read the full story from the Associated Press at Seattle P-I

Fishing advocates seek delay in new limits on fluke fishing

December 23, 2016 — Fishing advocates seeking to head off what they described as “devastating” reductions in the New York quota for fluke next year are calling on federal regulators to forestall planned 2017 cuts until a more current assessment of the fish population is completed.

Led by frequent fishing advocate Sen. Chuck Schumer, a group of 50 recreational and commercial fishing boat captains and advocates gathered at the Captree Boat Basin in Babylon Thursday to say a planned 30 percent reduction would threaten hundreds of businesses.

“The feds have once again dropped the ball,” Schumer said by using a benchmark study from 2013 and “ideological” assessments to set quotas for next year. “We were having enough trouble with the old limits.”

While the new limits won’t be finalized until the spring, state regulators have discussed sharp cuts to the number of fluke that fishers could take, from a current five per day to two, while increasing the minimum size limit to 19 inches from the current 18 inches, said Steve Witthuhn, a Montauk charterboat captain who sits on the Department of Environmental Conservation’s Marine Resources Advisory Council.

Worse, said Witthuhn and other sport-fishing boat captains, the tentative 2017 cuts would reduce the season to 80 days from the current 128, starting in June rather than May. The tentative season would end 15 days earlier in September. “It’ll be devastating if they open in June,” Witthuhn said.

Neil Delanoy, captain of the Laura Lee partyboat out of Captree, said the industry could live with lower catch limits and a larger average fish as long as the season opens in May. An 80-day season, opening in June, Delanoy said, “would be an economic disaster.”

Schumer said he plans to reach out to the U.S. Department of Commerce and its newly nominated secretary, Wilbur Ross, to address his concerns, including requesting an expedited fluke population assessment and a suspension of the new cuts until improved data is available.

Read the full story at Newsday

The Feds Are Finally Doing Something About America’s Serious Seafood Fraud Problem

December 19, 2016 — Chances are you’ve rarely stopped to think about the origin and authenticity of the tuna, salmon, or unagi lining your sushi roll before breaking out the chopsticks. But for those occupying the surprisingly shady world of international seafood trade, this information is essential in determining the value, quality, and legality of the protein piled in your poke bowl.

For years, lax laws on fish imports have allowed many illegally fished and fraudulently labeled species to slip through the cracks and make their way into consumers’ California rolls. However, this week, the Obama administration announced new regulations in an effort to crack down on fishy industry behavior—pun intended.

In recent months, the administration faced added pressure to fortify seafood regulations by the nonprofit ocean advocates Oceana, after the organization issued a report revealing that one in five seafood samples in the world are fraudulent or mislabeled on some or all levels of the supply chain, from import to packaging to retail.

The new rules, which will go into effect on January 1, 2018, will require detailed tracking information to be kept on a number of priority species, from initial harvest to entry into US commerce, in hopes of maintaining a clear log of the source and history of any given fish. These species, which have been identified as the most likely to be passed off fraudulently, include a variety of tunas, sharks, Atlantic cod, and swordfish.

To implement these additional oversights, the Department of Commerce will create the Seafood Import Monitoring Program, a governmental body tasked with keeping a keen eye out for any illegally obtained or mislabeled products. While the economic implications of stricter regulations are still unclear, the National Oceanic and Atmospheric Administration estimates that the current global economic impact of illegal and fraudulent fishing every year is easily in the billions.

In a statement from senior campaign director Beth Lowell, Oceana lauds the new regulations, calling the announcement “a groundbreaking step towards more transparency and traceability in the seafood supply chain.” Lowell notes that “For the first time ever, some imported seafood will now be held to the same standards as domestically caught fish, helping to level the playing field for American fishermen and reducing the risk facing US consumers.”

Read the full story at VICE

Proposed rule: Shrimpers should use safety devices to protect endangered sea turtles

December 16th, 2016 — In an effort to save thousands of endangered sea turtles, the Obama administration on Thursday issued proposed rules that would require U.S. shrimping boats to insert metal grates into their nets to allow the gentle creatures to escape.

By requiring “Turtle Excluder Devices” in the nets of U.S. shrimpers, some 800 to 2,500 sea turtles in the Gulf of Mexico and Atlantic Ocean could be saved each year, according to the proposal, which will be published Friday in the Federal Register by the Department of Commerce.

If adopted and enforced, the rule would cut the prevalence of what’s known as “bycatch,” the unintended capture of marine creatures by commercial fishing vessels that are looking for different species.

Currently, less than half of U.S. shrimp boats are required to use the Excluder devices, according to Oceana, an international marine conservation and advocacy group. The new rule would require roughly 5,800 additional boats to do so.

David Veal, executive director of the American Shrimp Processors Association in Biloxi, Mississippi, said his organization shares the public’s concern for sea turtles, but he questions Oceana’s claim that shrimpers kill tens of thousands of turtles each year.

He said contact with recreational fisheries, damage from vessels and environmental problems all cause turtle deaths.

“While we’re sensitive to the sea turtles’ (plight) and we’ll do what we have to do to minimize the impact on the turtle population, we continue to believe that it’s unfair to target us as the sole source of these problems,” Veal said.

Read the full story at The Miami Herald 

Washington’s senators call for salmon, crab fishing seasons to be declared “disasters”

December 7, 2016 — Several commercial fisheries on the U.S. West Coast should be declared disasters, a move that would make federal funds available to those affected by poor fishing seasons, United States senators representing Washington state said.

Democrats Patty Murray and Maria Cantwell called for a declaration of commercial fisheries failures for six pending fishery disaster requests, in a letter to Secretary of Commerce Penny Pritzker.

“Fishing communities up and down Washington’s coast have suffered through several years of lower-than-expected catch. A federal fishery disaster declaration would make communities eligible for funding for projects such as fisheries recovery, job training, and infrastructure investments in the communities hardest hit,” the senators said in a statement.

Washington’s maritime industry supports almost 60,000 jobs directly and contributes USD 30 billion (EUR 28 billion) in economic activity each year, not including the shipbuilders, hotels, restaurants, manufacturers, and outfitters that benefit indirectly, they said. The senators stated that fisheries are also of tremendous significance to the state’s tribal fishermen, who have been harvesting fish on Washington’s coast for thousands of years.

“Prompt declaration of these disasters will help meet the needs of communities struggling as a result of these disasters,” Senators Murray and Cantwell said.

Read the full story at SeafoodSource

Information Demanded on U.S. Fishery Council

November 3, 2016 — WASHINGTON — A nonprofit backed by Koch brothers money sued the National Oceanic and Atmospheric Administration on Tuesday for information on how it selects members of the New England Fishery Management Council, which regulates fishing off the coasts of five states.

“There is danger for politicization in how members are actually chosen,” the Cause of Action Institute says in its federal complaint against the NOAA, a branch of the Department of Commerce.

The Cause of Action Institute describes itself in the lawsuit as “a nonprofit strategic oversight group committed to ensuring that government decision-making is open, honest, and fair.” It generally opposes government regulation, particularly in the energy industry.

The Los Angeles Times described it last year as “a small group of lawyers funded by the Koch network.” Its then-director Daniel Epstein formerly worked as an attorney for the Charles Koch Foundation, and by 2013 most of Cause of Action’s funding came from the Donors Trust, “a nonprofit group through which the Kochs and their allies distribute tens of millions of dollars without needing to disclose the source of the funds,” the Times reported in its Feb. 7, 2015 article.

In its July 13 FOIA request, Cause of Action sought information on how the Secretary of Commerce and NOAA select members in the New England Fishery Management Council, which regulates fishing off the coasts of Maine, New Hampshire, Massachusetts, Rhode Island and Connecticut.

“The records at issue in this case, which include records of communication between high-ranking agency officials, will permit the public to understand how the most recent round of membership selection for the NEFMC was handled, and whether that process was at all tinged by political considerations or other untoward government action,” the complaint states.

Cause of Action claims that NOAA has never disclosed information about how it selects members of the eight regional regulatory councils operating under the Magnuson-Stevens Fishery Conservation and Management Act, and that the membership might not accurately represent the fishing industry.

The complaint cites environmental studies professor Thomas A. Okey of the University of Victoria in British Columbia, who suggested in a 2003 paper that representation in the industry is “generally skewed towards the larger corporate interests that support larger sized vessels, whereas the small-scale vessel fleets that are the traditional core of coastal communities (and more likely to have conservation interests) are often less represented.”

Cause of Action says the secretary of commerce and National Marine Fisheries Service-supervised councils wield “significant independent power.”

“They propose Fishery Management Plans, amendments, and framework adjustments; they conduct hearings; and they determine annual catch limits. The FMCs even have the ability to constrain the Secretary of Commerce,” the complaint states, abbreviating Fishery Management Council.

Read the full story at Courthouse News Service

Court Rules Against Local Fishermen, Upholds Job-Killing Government Mandate

August 2, 2016 — The following was released by Cause of Action:

WASHINGTON, D.C. – Today, the United States District Court for the District of New Hampshire dismissed the lawsuit filed by Plaintiffs David Goethel and Northeast Fishery Sector 13 against the U.S. Department of Commerce.

In December 2015, the Department of Commerce ordered that fishermen who fish for cod, flounder and certain other fish in the Northeast United States not only must carry National Oceanic and Atmospheric Administration (“NOAA”) enforcement contractors known as “at-sea monitors” on their vessels during fishing trips, but must pay out-of-pocket for the cost of those monitors.  This “industry funding” requirement would devastate the Northeast fishing industry, at the price of many jobs and livelihoods.  The District Court’s order allows that requirement to remain in place.

The Court found that the fishermen’s suit was untimely and that the requirement that monitors be funded by the fishermen was authorized by law.

“I am very disappointed by this decision,” said Goethel.  “I’ve made a living fishing in New England for more than 30 years, but I can’t afford to fish if I have to pay for at-sea monitors.  I’m grateful to Cause of Action Institute for joining the fight, and I hope that the rule of law will win in the end.”

“The fishermen in my sector can’t sustain this industry funding requirement,” said Northeast Fishery Sector 13 Manager John Haran. “They’ll have to try other fisheries, if they can keep fishing at all.”

“While we respect the District Court and its decision, it appears that decision is contrary to the law and facts,” said Alfred J. Lechner, Jr., President and CEO of Cause of Action Institute and a former federal judge.  “In the end, the federal government is overextending its regulatory power and is destroying an industry. We intend to study the decision and consider further action.”

Read the full release at Cause of Action

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