Saving Seafood

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/.

Commerce chief Ross makes waves, roils fisheries rules

September 21, 2017 — Commerce Secretary Wilbur Ross has wasted little time in giving a jolt to the nation’s fisheries.

In June, the 79-year-old billionaire investor who now oversees NOAA Fisheries singlehandedly extended the fishing season for red snapper in the Gulf of Mexico, ignoring protests from scientists and environmentalists that it could spur overfishing of the popular species.

Then in an unprecedented decision in July, he handed a big win to New Jersey fishermen and the state’s Republican governor, Chris Christie, by overturning catch limits for summer flounder that had been approved by an interstate fisheries commission.

While Ross wants more fishing and more seafood exports, critics say his early moves have smacked of meddling and favoritism and will ultimately sabotage hard-won conservation gains.

And many fear that states and fishing groups will directly seek political relief instead of following NOAA procedures and adhering to fishing quotas set by government experts and scientists.

“It just really seems that it’s kind of setting a bad precedent,” said Trey Blackiston, a former commercial fisherman from Chestertown, Md.

Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen’s Associations, said he’s still waiting for Ross to sign an emergency declaration for California crabbers and salmon fishermen. But he’s worried about the signals from Washington.

“We’re asking maybe the wrong questions, right?” Oppenheim said. “If the Trump administration is finding it easier to disrupt the status quo than to follow the normal procedures to get this done, we don’t want any part of that. We’re sort of sitting on the West Coast with one of the best fishery management council processes in place … watching the country crumble and wondering what the hell’s going on. But I’m not inclined to seek political favors.”

Read the full story at E&E News

Atlantic Menhaden Catch Limits May Get Overhaul

September 18, 2017 — A major overhaul could be coming in how menhaden are managed along the East Coast — one that might, for the first time, try to account for the ecological role of the small and oily fish.

The Atlantic States Marine Fisheries Commission (ASMFC), which oversees migratory fish along the coast, is preparing to update its menhaden management plan this fall. It’s looking to revisit how the catch is distributed among states and fisheries and may adjust the catch limit for the Chesapeake. Public hearings on potential changes are scheduled for September, with written comments accepted through Oct. 20.

It should be noted that a July ruling by the U. S. Commerce Department has thrown into doubt the ASMFC’s authority in regulating fisheries. The federal ruling allowed New Jersey, one of the 15 states regulated by (and represented on) the ASMFC, to reject the commission’s harvest restrictions on Atlantic flounder, which has been declining since 2000. It’s the first time since the commission was authorized by Congress in 1993 to adopt and enforce coastwide harvest restrictions that a state has been allowed to ignore the commission’s harvest regulations. Fisheries managers are concerned that other states might follow suit if pressure from fishing interests is great enough.

Regarding menhaden, people generally don’t eat the small, oily fish, yet it has been the focus of heated debates in recent years over how many should be caught. By weight, menhaden are the largest catch in the Bay, primarily because Reedville, VA — home port of Omega Protein’s “reduction” fishing fleet — is where the fish are reduced (processed) into vitamin supplements, fish meal and other products.

Read the full story at Chesapeake Bay Magazine

California Acting Governor Gavin Newsom Requests Disaster Relief for Sardine, Urchin Fisheries

September 13, 2017 — SEAFOOD NEWS — Sardine and sea urchin closures in California have prompted Acting Gov. Gavin Newsom to request fishery failure declarations for both.

Newsom noted in his Sept. 5 letters to U.S. Secretary of Commerce Wilbur Ross that ocean conditions caused the closure for sardines and affected the kelp forest ecosystems on which red urchins depend.

The California Wetfish Producers Association lauded Newsom’s request to Secretary of Commerce Wilbur Ross to approve a declaration of a commercial fishery failure for California’s Pacific sardine fishery. His action was precipitated by La Niña’s cold-water oceanic conditions that are believed to have caused sharply reduced sardine recruitment and the closure of this commercial fishery since 2015.

“This declaration is very important as it will enable California’s historic sardine fishery and its participants to seek federal disaster relief to offset the economic harm fishermen and processors have suffered since the fishery closure,” California Wetfish Producers Association Executive Director Diane Pleschner-Steele said in a statement Tuesday.

The Pacific sardine fishery has been managed under the federal Coastal Pelagic Species Fishery Management Plan (CPS FMP) since 2000. The CPS FMP established a harvest cutoff, prohibiting directed fishing if the sardine population falls below an estimated 150,000 metric tons. Due to low stock assessments, the fishery was closed in 2015 and 2016, and will remain closed in 2017 and possibly even 2018, although sardines have returned to abundance in the nearshore area, where fishing normally takes place.

Certain thresholds have been established that help the National Marine Fisheries Service and Secretary of Commerce make a determination of whether a commercial fishery failure has occurred. One of these involves an analysis of the economic impact and states that revenue losses greater than 80 percent are presumed to be a commercial fishery failure. This is determined by comparing the loss of 12-month revenue to average annual revenue in the most recent five-year period.

“This fishery is historically one of the top 10 highest valued commercial fisheries in California,” Newsom said in his letter regarding the iconic sardine fishery. “Statewide, the commercial closure in 2015 resulted in a total value of $343,148, which is 90 percent less than the 2010-14 average of $3,504,098. That dropped to $95,657 in 2016, which was 96 percent less than the 2011-15 average of $2,711,679.”

The figures for the urchin fishery, particularly in northern California and Orange County, were dire as well.
“The impacts to the regions are evident in the fishery landings data,” Newsom wrote. “In 2016, the northern California fishery ex-vessel revenue fell by 77 percent compared to the 5-year average from $2,587,419 to $604,440, Orange County ports fell by 93 percent from $85,382 to $6,045, and San Diego County ports fell by 48 percent from $574,526 to $297,594.”

Newsom’s letter noted the initial estimates for both fisheries are based on the average ex-vessel value of commercial landings but do not account for additional impacts to seafood processors or related industry businesses that rely on the either or both fisheries.

The sardine fishery is the foundation of California’s wetfish industry, which for decades has produced 80 percent or more of annual statewide commercial fishery landings, until recent years, the CWPA statement said. While fishermen and markets may harvest and process other species in the coastal pelagic species complex, sardines have been the historic mainstay of this industry, and the loss of fishing opportunity has created severe economic impact to both fishermen and processors.

The urchin fishery has been a staple for small-boat fishermen throughout the state for a number of years — until recently.

“Persistent warm ocean conditions that began in 2014 in northern California and 2015 in southern California has affected the fishery in these two regions,” Newsom’s letter said. “In northern California, the warm water event devastated kelp production (93 percent loss of surface kelp canopies compared to 2008 levels), a primary food source for urchins that created persistent starvation conditions. Starvation has led to reductions in the food value of the urchins targeted by the fishery in northern California.

In addition, a population explosion of the less marketable purple sea urchin continues to overgraze the recovering kelp beds, adding further stress to the fishery. In southern California, urchin mortality increased in response to warm El Nino conditions and disease in 2015. This has reduced the numbers of healthy red sea urchins in southern California available to the fishery.”

The Governor’s request for federal declaration now opens the door for fishermen and processors in California’s fisheries to pursue a federal disaster declaration from the Secretary of Commerce and appeal to California’s congressional delegation to pursue legislation allocating funding for disaster relief. Such funds would help alleviate the economic and social harm suffered as a result of these disasters.

Funds could also be used for cooperative research projects, Pleschner-Steele said, such as the collaborative aerial survey of the nearshore area that CWPA participates in with the California Department of Fish and Wildlife in efforts to improve the accuracy of stock assessments.

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

Sturgeon ruling may impact federally funded projects

Merrimack River made ‘critical habitat’ for Atlantic sturgeon

September 1, 2017 — They are large, bony fish whose ancestors began swimming the Earth during the Triassic period, some 245 million years ago.

The federal government says the Atlantic sturgeon is now an endangered species in some places and is threatened in others, and that states up and down the Eastern Seaboard must take necessary measures to ensure their survival.

A ruling handed down on Aug. 16 by the Department of Commerce through the National Oceanic and Atmospheric Administration, designates the Gulf of Maine as a critical habitat for the fish, which includes approximately 152 miles of water in the Merrimack River in Massachusetts, the Penobscot, Kennebec, Androscoggin and Piscataqua rivers of Maine, and the Cocheco and Salmon Falls rivers of New Hampshire.

But what sort of impact will the efforts to replenish the Atlantic sturgeon population have on Merrimack Valley cities like Haverhill and Lawrence?

Allison Ferreira, spokeswoman for NOAA’s Greater Atlantic Regional Fisheries Office, said Friday that the ruling mandates that when a federal agency constructs or develops a project near the river or there is a project that is receiving some amount of federal money, such as a highway or bridge project where there could be significant water runoff, that agency must contact NOAA to ensure proper measures are taken so as not to upset the fish’s natural habitat.

Read the full story at the Haverhill Gazette

Industry’s challenge to seafood import monitoring program rejected

August 29, 2017 — A legal challenge to the Seafood Import Monitoring Program (SIMP) – a set of regulations requiring increased traceability for seafood imports – was rejected on Monday, 28 August.

The lawsuit was filed earlier this year by the National Fisheries Institute (NFI) and a large group of U.S. seafood companies, including Trident Seafoods, Fortune Fish and Gourmet, Handy Seafood, and Alfa International Seafood. The industry representatives argued that the program violated federal law and that their businesses would be harmed as a result of its implementation.

U.S. District Judge Amit Mehta ruled against the plaintiffs, finding that the Commerce Department’s implementation of the program was not done inappropriately. Specifically, Mehta found that SIMP was issued under rules allowed under the Magnuson-Stevens Act and Administrative Procedure Act, and that the department properly completed a regulatory flexibility analysis to determine SIMP’s impact on small businesses.

“The court finds that the rule’s issuance did not run afoul of the MSA, and the current Secretary of Commerce validly ratified the rule, thereby curing any alleged constitutional defect in the rule’s promulgation,” Mehta wrote.

Read the full story at Seafood Source