Saving Seafood

Federal government failing to protect right whales from destruction, lawsuit alleges

January 22, 2018 — The federal government must do more to protect endangered North Atlantic right whales from getting tangled up in lobster gear, a leading cause of death for the rapidly declining mammals, a lawsuit filed Wednesday asserts.

A coalition of environmental groups filed the suit in US District Court in Washington, D.C., against officials from the Commerce Department and National Marine Fisheries Service.

According to a 33-page civil complaint, there were only about 455 right whales in 2016, and at least 17 died last year, “pushing the species even closer to the brink of extinction.” Many of the whales have been spotted off Cape Cod.

The complaint says entanglement in commercial fishing gear has been the “primary cause” of right whale deaths in recent years, and the “lobster fishery is a U.S. fishery that frequently entangles right whales.”

In 2014, the complaint states, the fisheries service issued a “biological opinion” finding that the lobster fishery is likely to kill or seriously injure more than three North Atlantic right whales every year, yet the agency also concluded “the fishery is not likely to jeopardize the continued existence of North Atlantic right whales.”

The suit alleges the fisheries service “is failing to ensure that its continued authorization, permitting, and management of the American lobster fishery does not jeopardize the continued existence of endangered North Atlantic right whales.”

Read the full story at the Boston Globe

 

NFI seeks to reach administration on seafood trade in 2018

January 2, 2018 — Pressing the importance of all trade on the Donald Trump administration, including imported seafood, will be one of the top priorities of the National Fisheries Institute (NFI) in 2018.

The US seafood industry’s biggest trade association, representing close to 300 companies, is still smarting from several of the moves made by the White House and its Cabinet in their first year, including its formal withdrawal from a trade deal with Pacific countries, a lack of progress on a trade deal with Europe and implementation of the Seafood Import Monitoring Program (Simp).

But NFI president John Connelly said trade will remain a top focal point for the group in the New Year.

“We just need to spend more time on the Hill and in the administration to help them appreciate that not all trade is negative for the US,” Connelly told Undercurrent News in an December interview at his office in McLean, Virginia. “Seafood is not like steel or autos or something else. We cannot now produce enough seafood in the US, whether it be from wild capture or aquaculture, to feed all Americans.”

The US exports 40% to 60% of the seafood it produces, depending on the value of the dollar and some other factors, and imports about 85% of the seafood it consumes. Seafood is responsible for 1,270,141 jobs in the U.S. and imports account for 525,291 of those, according to Department of Commerce data noted by the association.

“Gladys, down in Brownsville, Texas, is cutting imported tilapia right now, and that job is extraordinarily important to her family. Why is that job any less important than a job involving domestic codfish?” Connelly said.

High points and low points in 2017

But in looking back at 2017, Connelly can point to at least one major trade-related victory: The removal of the prospective border adjustment tax from the legislative tax overhaul passed by Congress and signed by the president before leaving on its winter break. The provision, which was supported by several Republican leaders, would have forced some seafood dealers to raise their prices 30% to 40%, said Connelly, quoting a Wall Street Journal article.

Read the full story at Undercurrent News

 

Commercial Fishermen Across the Country Support Barry Myers to Lead NOAA

Fishermen Praise AccuWeather CEO for “Proven Record of Success”

December 13, 2017 — WASHINGTON — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Representatives of 71 commercial fishing companies and organizations and 31 fishing vessels from around the country have signed a letter urging the Senate to confirm Barry Myers’ appointment to lead the National Oceanic and Atmospheric Administration (NOAA).

The letter of support, produced by Saving Seafood’s National Coalition for Fishing Communities, was delivered late last month to members of the Senate Commerce Committee and Senators representing the states of the letter’s signers.

Mr. Myers currently serves as chief executive officer of the weather forecasting company AccuWeather. He was nominated to serve as the next NOAA Administrator and Under Secretary of Commerce for Oceans and Atmosphere by President Donald Trump on October 11, and participated in a Senate confirmation hearing November 29.

“As CEO of AccuWeather, Mr. Myers has a proven record of success, working alongside scientists,” the fishing groups wrote. They praised his work as a fellow at the American Meteorological Society and a recipient of the prestigious AMS Leadership Award. They also complimented Mr. Myers for his service on an environmental working group of NOAA’s Science Advisory Board, under presidents from both parties.

The letter points out that, despite employing some of the nation’s best scientists, NOAA has been “plagued with ongoing mismanagement,” including abuse of power and misuse of funds at NOAA’s Office of Law Enforcement; accuracy and credibility issues with NOAA’s collection and use of fisheries data; and long-running budget and hiring issues at the National Weather Service.

In light of these many issues, the fishing groups wrote, “While science remains one of the most vital elements of NOAA, new leadership with strong proven managerial experience is needed to right the ship after years of mismanagement.”

The groups also cited two experts in the field who have called for improved management at NOAA. David Titley, former NOAA COO under President Obama and a professor of meteorology at Penn State, said, “I think Barry would bring very practical, pragmatic expertise and management acumen to NOAA.” Cliff Mass, an atmospheric scientist at the University of Washington, said, “No NOAA Administrator has been willing to make the substantial, but necessary, changes,” and speculated that someone from the private sector might bring a “fresh approach.”

The letter was signed by fishing groups representing 15 coastal states: Alaska, California, Connecticut, Florida, Hawaii, Maine, Maryland, Massachusetts, New Jersey, New York, North Carolina, Oregon, Rhode Island, Virginia, and Washington.

 

Trump Administration Dives Into Fish Fight

November 21, 2017 — WASHINGTON — An unprecedented Trump administration decision over the summer that overruled an interstate fishing commission has drawn the ire of critics who worry that keeping a healthy and viable supply of flounder in the Atlantic Ocean is being sacrificed to commercial profits.

While the fight over fish largely has been out of the public eye, it has implications for Maryland and other coastal states. Critics charge the controversy further underscores environmental backsliding by a White House beholden to business interests seeking fewer restrictions on the potentially harmful exploitation of natural resources.

In July, Secretary of Commerce Wilbur Ross overruled a recommendation by the Atlantic States Marine Fisheries Commission finding New Jersey out of compliance with proposed 2017 harvest limits of summer flounder along the Atlantic coast.

The reversal marked the first time since passage of the Atlantic Coastal Act in 1993 that the Department of Commerce overruled the commission’s finding of noncompliance, said commission spokeswoman Tina Berger.

“It was a big surprise that the commission’s authority would essentially be disregarded by the Commerce Department,” said Maryland Del. Dana Stein, D-Baltimore, one of the fisheries commissioners. “I was very disappointed upon hearing about this.”

Read the full story from the Associated Press at U.S. News and World Report

Under threat of lawsuit, Maine lobstermen say Canada is failing to protect right whales

November 1, 2017 — A record number of right whale killings this summer has put environmental groups on the offensive, potentially leading to stricter regulations for Maine lobstermen, even as most of the animals turn up dead in Canadian waters.

A group of environmental organizations has notified federal officials they intend to sue if regulatory agencies fail to better protect the endangered species, following what’s believed to be one of the deadliest summers for North Atlantic right whales in centuries.

Maine lobstermen fear that a lawsuit against the National Marine Fisheries Service could result in more costly restrictions on how they fish, even though none of the 16 right whale deaths have been directly linked to the American lobster fishery. Twelve of the whale deaths occurred in Canada’s Gulf of St. Lawrence, where that country’s snow crab fishery has been cited by experts as a likely factor in several of the deaths.

The remaining four were found off Cape Cod.

With this year’s deaths, the total population of North Atlantic right whales is estimated at fewer than 450.

Early this month, the four environmental organizations sent a letter to Commerce Secretary Wilbur Ross and Chris Oliver, head of the federal fisheries service, saying that federal regulators are violating the Endangered Species Act by not doing more to protect North Atlantic right whales. The groups specifically called on regulators to determine whether additional restrictions should be placed on the American lobster fishery in order to prevent whales from getting entangled in lobster gear.

Read the full story at the Bangor Daily News

Why Does Barry Myers Make Hawaii Sen. Brian Schatz Nervous?

Barry Myers is Trump’s nominee to head NOAA but the Hawaii senator says he is a “questionable choice.”

October 19, 2017 — WASHINGTON — Hawaii relies heavily on the National Oceanic and Atmospheric Administration — in some ways, for its very safety.

NOAA, which oversees the National Weather Service, is the agency that helps predict and anticipate hurricanes, tsunamis and dangerous floods, issuing warnings that help people prepare or get out of the way.

But in this case, it’s President Donald Trump’s nominee to run the agency, a business executive from Pennsylvania, who is causing a political storm.

Barry Myers, chief executive officer of AccuWeather, a private weather and data services company based in State College, Pennyslvania, has been named by Trump to serve as U.S. Commerce Department Under Secretary for Oceans and Atmosphere, a job traditionally held by biologists and climate scientists. This position is usually also called the Administrator of NOAA.

Brian Schatz, Hawaii’s senior senator, has been one of the most vocal critics of the nominee, calling Myers a “questionable choice.”

Myers, the brother of the meteorologist who started the family-owned firm, has a background in business and law. He is definitely not a scientist, as he made clear at a congressional hearing last year.

Read the full story at the Honolulu Civil Beat

Commerce extended red snapper season knowing it would lead to overfishing, memos reveal

October 16, 2017 — WASHINGTON — Internal memos show top Trump administration officials knew extending the recreational fishing season in the Gulf of Mexico from three to 42 days this summer would lead to significant overfishing.

But they did it anyway.

In memos released in response to a lawsuit, Commerce Department officials defended the move by saying that keeping the three-day season would be “devastating” to the recreational marine industry and the communities whose economies are tied to it.

And extending the time would also help solve a long-running dispute with states who have much longer seasons and want to wrest control of red snapper management from federal managers, they argued.

“It would result in overfishing of the stock by six million pounds (40%), which will draw criticism from environmental groups and commercial fishermen,” Earl Comstock, director of Policy and Strategic Planning for Commerce, conceded in a June 1 memo to his boss, Secretary Wilbur Ross. “However NMFS (National Marine Fisheries Service) agrees that this stock could handle this level on a temporary basis.”

Read the full story at USA Today

Plot by Dept. of Commerce and Congressional Leaders to Gut Magnuson Revealed in Red Snapper Memos

October 12, 2017 — SEAFOOD NEWS — Internal memos between Earl Comstock, Director of the Office of Policy and Strategic Planning, and Secretary of Commerce Wilbur Ross show that both men intentionally violated the Magnuson-Stevens Act to allow sports fishermen in the Gulf of Mexico a summer of weekend openers for red snapper.

As a result of the decision, the quota for red snapper was exceeded by an estimated 50 percent. Prior to the decision, red snapper stocks in the Gulf were halfway through a successful rebuilding program. The damage done to the stocks will be assessed this year and likely would result in further cuts to all sectors — recreational, commercial, and charter — next year.

But the insistence to break the law had more nefarious motives than simply to give recreational fishermen more red snapper.

The memos, released as part of a lawsuit against the Department of Commerce by Ocean Conservancy and the Environmental Defense Fund, show that the disaster caused by the decision would “…put the ball squarely in the court of Congress,” wrote Comstock to Ross in a June 7, 2017 memo.

“Congress  would need to act to prevent reduced catch limits for all fishing sectors next year. This problem will not be able to be addressed through the fishery management system without a change of law,” Comstock said.

“The Congressional representatives know this, and are looking to DoC [Department of Commerce] for leadership. By resetting the debate and building a strong partnerhsip with the State fishery managers … we can provide the leadership Congress is asking of us,” Comstock wrote to Ross.

Ocean Conservancy called this “playing a game of chicken with Congress. They have manufactured a crisis in the fishery by allowing so much overfishing that now everyone could get hurt next year.”

The reauthorization of the Magnuson-Stevens Act is poised to happen in 2018. Already there are half a dozen bills aimed at making changes to MSA, which is the foundation for the nation’s sustainably managed fisheries resources. Comstock’s agenda, as outlined in the memos to Secretary Ross, implies that to respond to the overfishing that will occur on red snapper as a result of the decision, an MSA reauthorization favoring recreational interests would be more likely.

Red snapper was just coming up to its halfway mark of a 27-year rebuilding plan, having been reduced to just 3 percent of historic levels by decades of overfishing.

Stocks were showing a strong recovery under the plan until large overages from the recreational sector resulted in lowering catch levels by 20% in 2014.

Catch rates in the recreational sector are two to three times higher than they were a decade ago, when the rebuilding plan began.

The five states bordering the Gulf of Mexico were estimated to catch 81% of the available quota, before Commerce’s decision to extend their sports fisheries. The estimate of what was taken now is three times the sustainable limit.

It isn’t as though Comstock, who has worked on other recreational issues within the Council system before, including the North Pacific Fisheries Management Council in Alaska, doesn’t know any better.

In a May 2, 2017 testimony to the House Oversight & Government Report Subcommittee, Comstock explained that “NMFS, as required by the Magnuson-Stevens Act, must set an annual catch quota for the red snapper fishery that does not exceed the level specified by the Gulf Council’s scientific advisors, and must prohibit fishing when the quota is reached.”

His memos to his boss five weeks later encourage a complete reversal of that principle, with little regard for the law.

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

After Supreme Court ruling, fight over at-sea monitoring costs may head to Congress

October 10, 2017 — Despite a recent decision by the Supreme Court of the United States, a New Hampshire fisherman pledges to continue his fight against having to pay for monitors to accompany them while at sea.

When the court opened its new term last Monday, 2 October, it decided against hearing David Goethel’s case against the U.S. Department of Commerce, allowing the 1st Circuit Court of Appeals ruling to stand. The Hampton fisherman filed suit in December 2015, about nine months after the National Oceanic and Atmospheric Administration announced it would begin passing the costs of the monitoring program to the fishermen.

The monitoring costs more than USD 700 (EUR 596.03) per day, a price that Goethel and officials from the Northeast Fishery Sector 13 claim is too steep.

Read the full story at Seafood Source

South Atlantic Council Requests Allowing Harvest of Red Snapper in 2017 and 2018

September 26, 2017 — CHARLESTON, S.C. — The following was released by the South Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council voted today to approve a request to NOAA Fisheries that would allow fishermen access to red snapper in federal waters in the South Atlantic beginning in mid-to late October this year. If approved by NOAA Fisheries, it will be the first time since 2014 that the red snapper fishery has been open in federal waters off the coasts of the Carolinas, Georgia, and the east coast of Florida. The Council is requesting that NOAA Fisheries allow an interim annual catch limit (recreational and commercial) of 42,510 fish for 2017 via an emergency rule. The annual catch limit would allow for a recreational mini-season likely beginning the end of October, with approximately 6 to 12 days of fishing over a period of 3-day weekends. The recreational bag limit would be 1 fish per person/day with no minimum size limit. Commercial harvest would be allowed with a 75-pound trip limit. The recreational sector is allocated 71.93% of the total catch limit. If the Council’s request is approved, the number of days and specific dates of the recreational mini-season will be determined by NOAA Fisheries. A decision is expected in the coming weeks and will be announced by NOAA Fisheries.

In addition to the emergency rule request to allow an opening this year, the Council also approved measures in Amendment 43 to the Snapper Grouper Fishery Management Plan with the intent to have a red snapper season in 2018. The amendment would revise the process to calculate the annual catch limit for red snapper, allowing mini-seasons for red snapper beginning in July. If allowed, the recreational fishery would open the second Friday in July (July 13, 2018) and the commercial fishery the second Monday in July (July 9, 2018). The annual opening dates for the fishery were established through an earlier amendment.

Under the Council’s approved preferred alternative, the 2018 annual catch limit would also be 42,510 fish. Because fishing pressure would be greater during the summer months in most areas, it is estimated that the recreational mini-season would last between 4 to 7 weekend days with a 1 fish per person/day bag limit and no minimum size limit. The commercial trip limit would remain at 75 pounds. The number of recreational fishing days would be determined by NOAA Fisheries and announced prior to the July opening. The Secretary of Commerce must approve Amendment 43 before it is implemented.

There was much discussion on various management alternatives as Council members reviewed public input. Public hearings on Amendment 43 were held in August and over 230 written public comments were recently received on both the emergency rule request and Amendment 43. Public comment was also taken during today’s meeting. “We’ve consistently heard from our constituents about the increasing number of red snapper encountered and concerns that harvest has been prohibited for the past four years,” said Council Chair, Dr. Michelle Duval. “The majority of comments support allowing a limited harvest of red snapper.”

The Council’s decision to move forward with options to establish an interim annual catch limit and allow limited harvest of red snapper was based in part on the public testimony and support. The Council’s Scientific and Statistical Committee had recommended acceptable biological catch levels for red snapper following a 2017 stock assessment using both landings and estimated discards. Annual catch limits are based on those recommended catch levels. However, NOAA Fisheries later stated that using recreational discard estimates is likely ineffective for monitoring red snapper removals due to uncertainty in the estimates of discards. This inhibits the ability to set an acceptable biological catch that can be effectively monitored. In addition, the Council considered increases in the numbers of red snapper observed through a long-term scientific survey using fish traps.

Council members also noted the positive social and economic benefits of allowing mini-seasons beginning this year, especially on the heels of recent damage to fishing communities by Hurricane Irma.

State agency personnel will work diligently to collect information from fishermen if harvest is allowed. Personnel will be stationed at boat ramps, marinas, and other locations to gather data, similar to data collected during the 2012-2014 mini-seasons. “The Florida Fish and Wildlife Conservation Commission, Fish and Wildlife Research Institute will be conducting surveys of private recreational anglers and charter-for-hire crew,” explained Jessica McCawley, Council representative for FWC. “Additionally, biologists will be collecting tissue samples (ear bones and gonad samples) to evaluate the sizes, ages, and reproductive condition of the fish being harvested.” Council members noted that additional data collected during the mini-seasons would be useful in future management decisions.

Private recreational fishermen will also have an opportunity to report their catch information as part of a voluntary pilot project using the mobile iAngler tournament app. The free mobile app will allow fishermen to report their landings of red snapper, the number of fish released, depths fished, and other valuable information. Additional details will be publicized from the Council office as they become available.

“It is important for fishermen to remember that this is their red snapper resource,” explained Dr. Duval. “It is imperative that fishermen do everything possible to minimize the number of red snapper released during the season openings and use best fishing practices to improve the survival of released fish. Anglers are encouraged to move away from area populations after catching their bag limit and to use descending devices to reduce the impacts of barotrauma, especially when fishing in depths over 100 feet.” Dr. Duval also noted the rate of harvest in 2017 will determine the length of the 2018 red snapper season. “We must be cautionary in balancing access to the fishery without negatively impacting the sacrifices made thus far as this important stock continues to rebuild.”

The Council will continue its meeting this week through Friday. Additional meeting information is available at: http://safmc.net/2017-september-council-meeting/.