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US fishery management council’s structure is unconstitutional, court rules

September 26, 2024 —   A divided federal appeals court on Wednesday stripped a regional fishery management council of its ability to block the U.S. Secretary of Commerce from taking actions to manage fisheries that the panel does not support, after finding the council’s members were unconstitutionally appointed.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals on 2-1 vote sided with two commercial fishermen who had sued after Mid-Atlantic Fishery Management Council amended a fishery-management plan to lower how much scup, summer flounder and black sea bass could be caught in their region.

The fishermen, Raymond Lofstad and Gus Lovgren, challenged the constitutionality of the structure of the body, one of eight regional councils nationally tasked with developing fishery management plans, in their lawsuit. They are being represented by the libertarian Pacific Legal Foundation in their lawsuit.

That 21-member council oversees the waters from New York down through Virginia. Seven of its members are appointed by state governors and 13 are appointed by the commerce secretary and the regional director of the National Marine Fisheries Service.

Read the full article at Reuters

Funding announced for 14 salmon recovery projects

August 7, 2024 — NOAA and the Department of Commerce announced more than $105 million in recommended funding for 14 new and continuing salmon recovery projects and programs. The Pacific Coastal Salmon Recovery Fund (PCSRF) will fund these state and tribal efforts along the West Coast and Alaska. The projects include habitat restoration, stock enhancement, sustainable fisheries, and research and monitoring in California, Idaho, Oregon, Washington, and Alaska.

The funding comes from Fiscal Year 2024 annual appropriations, $34.4 million under the Bipartisan Infrastructure Law and $7.5 million under the Inflation Reduction Act. The U.S. Secretary of Commerce Gina Raimondo shared, “This $105 million investment, made possible thanks to the Biden-Harris Administration’s Investing in America agenda, will build on decades of salmon recovery work while helping Pacific coast tribes and Alaska Natives sustain their communities and cultural traditions in the face of climate change.”

These investments will supplement state and tribal programs that provide demonstrable and measurable benefits to Pacific salmon and their habitat. “This is a result of the most ambitious climate agenda in history, and I am proud that nearly half of all funds in this announcement are being awarded to Tribal applicants,” Raimondo stated. This will aid in the recovery of 28 Endangered Species Act (ESA)-listed salmon and steelhead species, as well as non-listed ESA salmon and steelhead that are necessary for native subsistence or tribal treaty fishing rights, and for those in the Columbia River Basin, these efforts will help meet the President’s goal of restoring healthy and abundant salmon, steelhead and other native fish in the Basin.

Read the full article at the National Fisherman

Biden-Harris Administration announces more than $105 million for West Coast and Alaska salmon

August 2, 2024 — The following was released by NOAA:

Today, the Department of Commerce and NOAA announced more than $105 million in recommended funding for 14 new and continuing salmon recovery projects and programs. Located along the West Coast and in Alaska, these state and tribal efforts will be funded through the Pacific Coastal Salmon Recovery Fund (PCSRF). The funds include Fiscal Year 2024 annual appropriations as well as $34.4 million under the Bipartisan Infrastructure Law and $7.5 million under the Inflation Reduction Act, and will aid programs and projects in Alaska, California, Idaho, Oregon and Washington that include habitat restoration, stock enhancement, sustainable fisheries and research and monitoring.

“This $105 million investment, made possible thanks to the Biden-Harris Administration’s Investing in America agenda, will build on decades of salmon recovery work, while helping Pacific coast Tribes and Alaska Natives sustain their communities and cultural traditions in the face of climate change,” said U.S. Secretary of Commerce Gina Raimondo. “This is a result of the most ambitious climate agenda in history, and I am proud that nearly half of all funds in this announcement are being awarded to Tribal applicants.”

These investments will supplement state and tribal programs that provide demonstrable and measurable benefits to Pacific salmon and their habitat. They will aid in the recovery of 28 Endangered Species Act (ESA)-listed salmon and steelhead species, as well as non-listed ESA salmon and steelhead that are necessary for native subsistence or tribal treaty fishing rights, and for those in the Columbia River Basin, these efforts will help meet the President’s goal of restoring healthy and abundant salmon, steelhead and other native fish in the Basin.

“The PCSRF program has benefited fish populations and their habitats in so many ways,” said Janet Coit, assistant administrator for NOAA Fisheries. “The value of these investments goes far beyond recovering Pacific salmon and steelhead and their habitats, to also provide community and economic benefits, such as jobs and climate resilience.”

Read the full release at NOAA

Biden-Harris Administration makes $106 million available for Pacific Coastal Salmon Recovery Fund as part of Investing in America Agenda

December 5, 2023 — The following was released by NOAA:

Today, the Department of Commerce and NOAA are announcing the availability of up to $106 million in funding through the Pacific Coastal Salmon Recovery Fund (PCSRF) for Pacific salmon and steelhead recovery and conservation projects. This funding — which includes funding from the Bipartisan Infrastructure Law (BIL) and Inflation Reduction Act (IRA) — will support state and tribal salmon restoration projects and activities to protect, conserve and restore these fish populations and their habitats.

“Restoring Pacific salmon populations and their habitats is vital for communities on the West Coast and in Alaska,” said Secretary of Commerce Gina Raimondo. “This funding — supported  by the Bipartisan Infrastructure Law and Inflation Reduction Act, a key pillar of Bidenomics — will power transformational, high-impact projects and support efforts by states and tribes to protect and conserve salmon populations.”

Read the full release from NOAA

Court rules against feds in charterboat case

December 4, 2023 — There are enough federally permitted charterboat operations in Louisiana to warrant attention from the latest ruling by the U.S. Court of Appeals for the Fifth Circuit.

The ruling turns aside a U.S. Department of Commerce regulation which demanded these charterboat operators install a constant (24-hour) GPS tracking device on their vessels and report what opponents considered to be “confidential economic data” to the National Marine Fisheries Service.

The New Civil Liberties Alliance took up the cause for the Mexican Gulf Fishing Company, et al. (meaning more than 1,300 federally permitted charterboat operations) in a plea to the courts to have the requirement declared unconstitutional on a violation of the Fourth Amendment in the Bill of Rights.

Read the full story at The Advocate

Biden-Harris Administration announces $20 million to boost red snapper science in the Southeast as part of Investing in America agenda

October 26, 2023 — The following was released by NOAA Fisheries:

Today, the Department of Commerce and NOAA announced plans for $20 million in funding to address the impacts of climate change on red snapper and other reef fish in the Gulf of Mexico, as part of President Biden’s Investing in America agenda. These funds will support the efforts of NOAA and the Gulf of Mexico states to determine the best tools to collect reliable recreational fishing data that support science and management decision-making for red snapper. 

The funding is from the Inflation Reduction Act, the largest climate investment in history. It will strengthen NOAA’s efforts to share and exchange standardized state and federal data, harness the power of advanced technology and artificial intelligence to improve timeliness of data collection, and enhance state recreational data management systems for estimating landings, discards and fishing effort. 

“Red snapper is one of the Gulf of Mexico’s most iconic species and perhaps one of the region’s greatest management success stories,” said U.S. Secretary of Commerce Gina Raimondo. “These funds, made possible by President Biden’s Investing in America agenda, a key pillar of Bidenomics, will improve NOAA’s data collection efforts and management decisions for red snapper and dozens of other species, thereby benefiting millions of anglers.” 

Distribution of these funds is underway, with NOAA Fisheries awarding the Gulf States Marine Fisheries Commission nearly $1.5 million through a cooperative agreement to modernize state recreational data management systems. The commission — in coordination with NOAA Fisheries — will work with state and federal partners to ensure common data standards, create and enhance certified state data systems and host workshops to improve data accuracy.

NOAA Fisheries intends to use the funding in the following three areas:

  • Develop and implement Gulf of Mexico video and acoustic camera surveys to improve reef fish data timeliness and generation of density estimates ($2 million).
  • Collaborate with Gulf States Marine Fisheries Commission and state partners to increase accessibility of state survey data ($7.35 million).
  • Improve the estimates of recreational fishing effort and discards, which represent two of the greatest sources of uncertainty in managing and assessing Gulf of Mexico reef fish ($10.65 million).

“We know climate change is impacting many fish species, and these effects are not fully understood,” said Janet Coit, assistant administrator for NOAA Fisheries. “With our partners at the Gulf States Marine Fisheries Commission, we are working to improve state and federal recreational data collection so we can provide even more robust data and metrics to our fishing communities.”

Climate change has a specific impact on life in the ocean, as droughts, floods, rising seas, ocean acidification and warming waters change marine habitats and the behavior patterns of the wildlife in those habitats. 

This funding was first announced in June 2023 as part of the historic $3.3 billion in investments focused on ensuring America’s communities and economies are ready for and resilient to climate change.

Please visit NOAA’s Inflation Reduction Act website to learn about current and future funding opportunities.

Millions pegged for salmon, steelhead recovery

September 25, 2023 — The National Oceanic and Atmospheric Administration is recommending sending $106 million to 16 salmon and steelhead recovery efforts in five Western states.

NOAA and the Department of Commerce recommended grants to state agencies with salmon protection missions, tribes and tribal partnerships in Idaho, Alaska, Oregon, Washington and California.

The funding “provides an important opportunity to bolster salmon and steelhead recovery and invest in the communities that rely on them,” Commerce Secretary Gina Raimondo said in a statement.

Read the full article at The Challis Messenger

Forcing fishermen to pay for the privilege of being monitored

November 30, 2022 — Imagine you live somewhere in small-town America where residents routinely exceed the posted speed limits. To address this problem, the town council votes to require a police officer to ride along with each member of the community every time they venture out in an automobile.

The purpose of the new program is to make sure the speed limits are obeyed. Anyone caught speeding is fined to pay for the program. It sounds like a win-win for everyone, but there’s a problem: The people who designed the program underestimated how much it would cost — there being a fair number of people in the town who go places by car — but overestimated the amount of money it would bring in from fines assessed on people caught driving above the posted limits.

Read the full article at The Washington Times

MAINE: Sen. Collins continues efforts to support Maine lobster industry

February 10, 2022 — U.S. Sen. Susan Collins (R-ME) recently joined a bipartisan, bicameral effort with several Maine lawmakers to continue advocating for their home state’s lobstermen and women, who are working to meet new federal requirements by May 1 that are expected to increase their financial losses.

The lawmakers expressed “renewed urgency” in requesting a delay in the National Marine Fisheries Service’s (NMFS) implementation of the new Atlantic Large Whale Take Reduction Plan final rule, which requires U.S. lobster and Jonah crab fisheries to modify their gear by May 1, according to a Feb. 7 letter they sent to U.S. Commerce Secretary Gina Raimondo.

“The economic harm imposed by the gear conversion deadline will be severe, and the scarcity of required gear is making it difficult — if not impossible — for lobstermen to achieve timely compliance,” wrote Sen. Collins and her Maine colleagues, who included U.S. Sen. Angus King (I-ME), U.S. Reps. Chellie Pingree (D-ME) and Jared Golden (D-ME), and Maine Gov. Janet Mills (D).

Read the full story at the Ripon Advance

Rep. Graves Asks Commerce For Expedited Fishery Disaster Determination

February 7, 2022 — A recently released report detailing infrastructure, revenue and resource loss to Louisiana Fisheries have prompted a Louisiana Congressmen to ask the Department of Commerce (DOC) to expedite a Fishery Disaster Determination due to major damage related to impacts of Hurricanes Laura, Delta, Zeta and especially Ida.

Congressman Garret Graves request to to Commerce Secretary Gina Raimondo comes after a recent economic assessment verified the devastating impact to the state’s fishing communities.

The recently released report by Louisiana Sea Grant and the Louisiana Department of Wildlife and Fisheries documents extreme damage and loss of revenue over all five sectors of the industry; commercial fishermen, recreational fishing, docks, processors and marinas.

The report and supporting analysis not only confirmed the importance of the state’s fishing industry but also the massive impact of the storms. It demonstrated more than 8,500 businesses were impacted, resulting in $305 million in damage to fisheries infrastructures such as marinas, docks, seafood processors, and dealers. Combined with an additional $118 million in resource loss and $155 million revenue loss, the total estimated impact is estimated at $579 million.

Read the full story at Gulf Seafood News

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