Saving Seafood

‘Chevron Deference,’ Key Issue in Fisheries Management, Questioned by Supreme Court Nominee

February 2, 2017 (SAVING SEAFOOD) — On January 31, President Donald Trump nominated Judge Neil Gorsuch of the Tenth Circuit Court of Appeals to fill the vacant seat on the Supreme Court. If confirmed, the Court may potentially reexamine the legal principle of Chevron deference, a principle that has heavily impacted fisheries management.

Chevron deference is a legal principle established in 1984, in the Supreme Court case of Chevron v. Natural Resources Defense Council. It states that in cases when the meaning of federal laws is unclear, courts should prioritize the interpretations of the regulatory agencies, such as NOAA. Practically, this has the effect of bolstering the influence of the federal bureaucracy at the expense of judicial review. In the case of fishery management, this has resulted in several instances where courts have upheld agency decisions whose legality has been disputed by the fishing community.

Most notably, in Lovgren v. Locke the plaintiffs (including fishermen and several municipalities in New England) challenged the establishment of catch shares management in New England in 2010 as being in violation of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act. The First Circuit Court of Appeals relied on Chevron in ruling in favor of the Commerce Department. This principle also was cited last year by District Court for the District of New Hampshire as a reason why the lawsuit against NOAA’s at-sea monitoring industry funding requirements failed.

While the Supreme Court – including Justice Scalia – has previously applied Chevron deference on several occasions, Judge Gorsuch has expressed trepidation about its merits. In his concurring opinion for Gutierrez-Brizuela v. Lynch, Gorsuch wrote:

“What would happen in a world without Chevron? […] Surely Congress could and would continue to pass statutes for executive agencies to enforce. And just as surely agencies could and would continue to offer guidance on how they intend to enforce those statutes. The only difference would be that courts would then fulfill their duty to exercise their independent judgment about what the law is.”

While Judge Gorsuch has only been nominated recently, should he ascend to the High Court, look for a reexamination of the principle of Chevron deference in the coming years.

Resolution Urges President Trump and U.S. Congress to Mitigate Harm to Alaska’s Fishing Industry Resulting from TPP Withdrawal

February 2, 2017 — Today, Senator Bill Wielechowski (D-Anchorage) introduced Senate Joint Resolution 3 (SJR3) urging President Donald Trump, and the U.S. Congress to take action to mitigate the harm caused to Alaska’s fishing industry as a result of the President’s announcement last week that the United States would withdraw from the Trans-Pacific Partnership Agreement (TPP).

The TPP was a sweeping agreement which contained several provisions that could have been problematic to United States manufacture. The agriculture industry, however, including Alaskan seafood production, stood to benefit dramatically. According to a United States Department of Agriculture (USDA) report, the U.S. would have seen a 33% increase in intraregional exports, and a 5% increase in U.S. exports among TPP members.

The TPP contained mandates for proper labeling of seafood products like wild Alaska salmon and Pollock, and eliminated a 4% Japanese tariff, leveling the playing field for Alaska in the global market. It would have also required all parties to follow international law to prevent over-fishing and illegal fishing; recognized the importance of conservation and sustainable use; and respected, preserved, and maintained knowledge and practices of indigenous and local communities.

Read the full story at Alaska Native News

Halibut season in jeopardy even as catch limit rises

January 31, 2017 — Despite a 5 percent hike in the total halibut catch limits, the start of the 2017 season will likely be delayed because of a 60-day freeze on federal regulations in the United States.

On 27 February, the International Pacific Halibut Commission increased the total allowable catch (TAC) to 31.4 million pounds. It marks the first time in around 10 years that there were no cuts in any region’s quotas.

While the IPHC approved the halibut season to start on 11 March, that date is expected to be pushed back because of President Donald Trump’s freeze on new and pending regulations – which would include regulations on the federally-managed fishery. The freeze went into effect on 20 January, so the earliest starting date for the Pacific halibut fishery would likely be 27 March, according to Alaska Dispatch News.

Read the full story at SeafoodSource

Trump’s top 5 decisions impacting seafood

January 31, 2017 — Since his swearing-in less than two weeks ago, United States President Donald Trump has not been afraid to act quickly and boldly – some might argue rashly – to make good on promises he made during his campaign.

The seafood industry already has much to digest in its analysis of how Trump’s policies will affect its bottom line. Many of Trump’s early moves have represented sharp deviations from American policy over previous decades, especially in regard to trade. Trump has hinted that he will also loosen environmental regulations with the intent of boosting domestic natural resource extraction.

Read the full story at Seafood Source

Trump’s administration causes concerns at the Alaska Marine Science Symposium

January 27, 2017 — ANCHORAGE, Alaska — Dozens of scientists are meeting this week in Anchorage to talk climate change, fisheries, marine mammals and more, during the annual Alaska Marine Science Symposium; however, this year the climate is a little bit different.

“There’s a palpable fear that scientists are concerned about the way that this administration views science in general,” said Sean McDonald, who is attending the conference from the University of Washington. “We think of science as important.”

During President Donald Trump’s first week in office, he has signed an executive order to shrink the federal workforce – a move that prospective scientists say could hamper their careers.

“Last week, I was actually looking at several federal jobs,” said Shea Steingass, a student at Oregon State University. “I’m planning to complete my Ph.D., in December. And with the hiring freeze, that completely shut that aspect down of my ability to apply for those.”

Read the full story at KTUU

America’s Fishing Industry Unites to Support Chris Oliver for NOAA Fisheries

January 27, 2017 — The following was released by the National Coalition for Fishing Communities: 

Washington, D.C. – In a nearly unprecedented display of unanimity, members of the fishing industry representing New England, Pacific, North Pacific, Mid-Atlantic, Gulf of Mexico, Hawaiian and Southeastern fisheries, as well as the National Fisheries Institute based in Washington, D.C have rallied to support the appointment of North Pacific Fishery Management Council (NPFMC) Director Chris Oliver as the next Assistant Administrator for Fisheries at the National Oceanic and Atmospheric Administration (NOAA).

In the past week, several letters have been sent to President Trump’s transition team advocating for the appointment of Mr. Oliver to lead NOAA Fisheries. In total, the letters represented 55 seafood companies, trade associations and conservation groups. NOAA Fisheries, also known as the National Marine Fisheries Service, is the nation’s top regulator of fishing in federal waters.

The push comes at a time when more 90 percent of the seafood consumed in the United States is imported from overseas, resulting in an astonishing $13 billion seafood trade deficit.

“America’s fisheries generate millions of jobs and contribute billions to the economy, but we could do a lot more,” said Daniel Occhipinti, General Counsel of Oregon-based Pacific Seafood Group and one of the leaders of the coalition. “We believe Chris Oliver has the experience to increase the economic productivity of our fisheries while also promoting conservation and sustainability, which is critical.”

Mr. Oliver has spent his career in fisheries management, serving for the past 16 years as the Executive Director of the NPFMC. Prior to serving as Executive Director, Oliver also worked served as the Deputy Director and Gulf of Alaska Fishery Management Plan Coordinator.“

I’ve known Chris Oliver for many years, and without a doubt, he has the skills and experience required for this job,” said Lori Steele, Executive Director of the West Coast Seafood Processors Association. “

Chris has a keen sense for how to balance competing interests in a way that promotes sustainability, enhances community and, most importantly, optimizes productivity of a fishery.”

“I’ve known Chris for about ten years. What he can bring to NOAA Fisheries is a strong commitment to using the council process for managing fisheries,” said Mary Beth Tooley, an at-large member of the New England Fishery Management Council and Maine resident “Chris is an ardent believer in the tenets of the Magnuson-Stevens Act. He is committed to achieving optimum yield, while preventing overfishing”.

The diverse coalition supporting Oliver represents a nearly-unprecedented level of cooperation between disparate fishing communities across the nation, including American seafood businesses from more than nine states, dozens of local fishermen’s associations, the leading trade groups from across the country.

“People ask why we have a $13 billion dollar seafood trade deficit and what we can do to fix it,” said Occhipinti, “the answer isn’t trade barriers, it’s increasing domestic production. We think Chris Oliver is the man for the job.”  Signers of the letter include:

FISHING ORGANIZATIONS

Pacific Seafood Processors Association
Major seafood processing companies with operations in Alaska and Washington

The Seafood Coalition
Consortium of fishing organizations across the nation

Freezer Longline Coalition
Longline companies, vessel owners, and related businesses in the Bering Sea, Aleutian Islands (BSAI) and Gulf of Alaska (GOA).

National Fisheries Institute
Non-profit organization dedicated to education about seafood safety, sustainability, and nutrition

Garden State Seafood Association
New Jersey fishermen and New Jersey’s fisheries dependent businesses

Organized Fishermen of Florida
Commercial fishermen from Florida.

Marine Conservation Alliance
“Seafood-interest organization of coastal communities, harvesters, processors, and western Alaska Community Development Quota entities”

Long Island Commercial Fishing Association
Group dedicated to sustainable fishing out of New York.

Southeastern Fisheries Association
“Nonprofit fisheries trade association [in the Southeastern United States] founded by a core group of fish dealers in 1952.”

Golden Gate Fisherman’s Association
“A group of sport fishing professionals and concerned anglers dedicated to the preservation and enhancement of he marine fisheries in the San Francisco Golden Gate waters” 

Alaska Bering Sea Crabbers
Alaskans who fish for “King, Snow and Bairdi crab in the Bering Sea.”

At Sea Processors Association
“Trade association representing six companies that own and operate 16 U.S.-flag catcher/processor vessels.”

Sportfishing Association of California
Works to promote California sportfishing needs with governing agencies at the state, federal, and international levels.

Ventura County Commercial Fishermen’s Association

West Coast Seafood Processors Association
“Serves the needs of the shore-based seafood processors in California, Oregon, and Washington”

Columbia River Crab Fisherman’s Association

Coos Bay Trawlers Association

Western Fishboat Owners Association
“Non-profit representing albacore troll-vessel owners and supporting businesses in California, Oregon, Washington, Alaska, and Hawaii.”

American Fishermen’s Research Foundation
“Established in 1971 to aid, encourage, promote, and support science and education in the field of albacore and related fish species.”

Coalition of Coastal Fisheries

Directed Sustainable Fisheries

Southern Offshore Fishing Association

SEAFOOD COMPANIES

Pacific Seafood
Over 2500 employees at over 35 facilities in seven states

Dana Wharf Sportfishing
Private sportfishing charter company out of Dana Point, California.

Coastal Villages

Gulf of Mexico Reef Fish Shareholders’ Alliance
A non-profit working to represent commercial fishermen in the Gulf.

Florida Keys Commercial Fishermen’s Association
Organization for organizing Florida Keys fishermen into “an effective lobby to protect and promote the fishing industry.”

Alaska Groundfish Data Bank

Alaskan Leader Seafoods
Longline business that owns four freezer-longliners fishing out of Alaska. 

Alaska Marine Conservation Council
“Community-based, non-profit organization committed to protecting the long-term health of Alaska’s marine ecosystems”

Alaska Whitefish Trawlers
Has represented the Gulf of Alaska shore-based catcher-vessel trawl industry for over four decades.

Aleutian Spray Fisheries, Inc.
Fishes for Alaska Pollock, Pacific Cod, Opilio Crab, and Alaska King Crab

Alliance of Communities for Sustainable Fisheries
“Formed to allow for an organized community voice for fishing and fisheries in response to current and future state and federal legislation that affects fishing, fisheries, and attendant coastal and marine environments”

American Albacore Fishing Association
Non-profit representing commercial pole and line vessels.

American Seafoods Company
Harvests, processes, distributes and markets a diverse array of seafood products from sustainably managed fisheries in U.S. waters off Alaska and the Pacific Northwest.

Bristol Bay Economic Development Corporation
“The purpose of the Bristol Bay Economic Development Corporation to promote economic growth and opportunities for residents of its member communities through sustainable use of the Bering Sea resources.”

Harbor Masters and Port Captains Incorporated
Organization of port leaders throughout California

California Fisheries & Seafood Institute
“The nation’s largest regional organization representing members of the consumer seafood supply industry.”

Commercial Fishermen of Santa Barbara
“Integrates Regional Efforts Of Fishing Communities With The Aim Of Improving The Economic And Biological Sustainability Of Fisheries”

California Wetfish Producers Association
Established in 2004 to promote sustainable fisheries and foster cooperative research on sardines, mackerels, anchovy and market squid, as well as coastal tunas

California Marine Affairs & Navigation Conference
“Consortium of California harbors, ports and marine interest groups.”

Catalina Offshore Products
Seafood company sourced out of Southern California

California Lobster and Trap Fishermen’s Association

Fishing Vessel Owners Association
Longline vessel operators, based in Seattle.

Fisheries Survival Fund
Atlantic scallop fishermen from Maine to Virginia.

Groundfish Forum
Trade association representing 6 trawl companies fishing for flatfish.

Hawaii Longline Association
“Established in 2000 to advance the interests of the fishermen and related industries involved in the Hawaii longline fisheries.”
Icicle

Midwater Trawler’s Cooperative

Northwest Food Processors Association

Pacific Whiting Conservation Cooperative
“Trade association representing three companies that own and operate 10 U.S.-flag catcher/processor vessels for whiting in the West Coast.”

Southern Offshore Fishing Association

Tri Marine

Trident Seafoods
Largest seafood company in the United States

Washington Trollers Association
“Serving fishermen whose livelihoods depend on the salmon”

United Catcher Boats
Owners of vessels that trawl for groundfish in the Bering Sea, Gulf of Alaska, and West Coast

United Fishermen’s Marketing Association

West Coast Fisheries Consultants
Association of consultants working in the West Coast fishing industry
CITY/STATE ENTITIES

City of Unalaska, Alaska

Oregon Restaurant and Lodging Association
“Non-profit trade association serving the hospitality needs of Oregon.”

Oregon Trawl Commission
Oregon state government agency.

California Sea Urchin Commission
Works to “ensure a sustainable sea urchin resource and a reliable supply of quality seafood product”

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Read the full release here

SOUTHEASTERN FISHERIES ASSOCIATION: Eat More Sustainable Seafood for Health and Taste Benefits

January 20, 2017 — The following was released by the Southeastern Fisheries Association (SFA):

SFA President Peter Jarvis Says: “Eat More Sustainable Seafood for Health and Taste Benefits”

WASHINGTON — Soon after he’s sworn in as the 45th President of the United States, Donald Trump will dine on Maine lobster, Gulf shrimp, and Seven Hills Angus beef, to name a few dishes.

These foods are all on the menu for the inaugural luncheon, a long-standing tradition in which the Joint Congressional Committee on Inaugural Ceremonies hosts a meal for the president and vice president at the Capitol following the inaugural address.

The committee organized its first luncheon in 1953, when lawmakers welcomed President Dwight Eisenhower for creamed chicken, baked ham and potato puffs in the Capitol’s Old Senate Chamber.

Dishes, consumed between toasts, gift presentations and speeches, often encompass foods from the home states of the new leaders, though Trump’s menu owes heavily to California, not his home state of New York or Vice President-elect Mike Pence’s state of Indiana.

President Barack Obama’s 2013 luncheon boasted a menu of steamed lobster, grilled bison and apple pie.

Trump’s, which will be held in the Statuary Hall, will feature three courses.

The first, Maine lobster and Gulf shrimp with saffron sauce and peanut crumble, will be accompanied by a J. Lohr 2013 Arroyo Vista Chardonnay.

The Gulf shrimp may be a tribute to Florida, where Trump’s Mar-a-Lago resort is located and which the President-elect has called his “second home.”

Read the original story at CNN

Alaska’s US senators push Trump nominees to guard fisheries, rural areas while cutting regulations

January 23, 2017 — WASHINGTON — Alaska Sens. Lisa Murkowski and Dan Sullivan pressed Cabinet nominees to consider Alaska’s uniqueness, the difficulties of rural areas and the nation’s largest fisheries at a spate of confirmation hearings this week.

Senators can publicly question President-elect Donald Trump’s Cabinet selections when they sit on the committee holding a confirmation hearing. For Murkowski, that means the Health, Education, Labor and Pensions Committee, which held the first of two confirmation hearings for Health and Human Services nominee Rep. Tom Price, R-Ga., on Wednesday, and a hearing for Education nominee Betsy DeVos on Tuesday night.

For Sullivan, that meant a hearing for Commerce secretary nominee Wilbur Ross, and the Environmental Protection Agency administrator-to-be, Oklahoma Attorney General Scott Pruitt.

Several of those nominees faced controversy and opposition from Democrats. Hallways were packed with supporters and protesters Wednesday in a Senate office building where three hearings were happening simultaneously.

Murkowski pressed her nominees on how they would adjust some their conservative stances to meet her needs for rural and Native populations in Alaska. Sullivan focused on the state’s fishing industry. Both urged peeling back regulations they said are onerous and often a barrier to economic growth or healthy public services.

Read the full story at the Alaska Dispatch News

Maine fishermen hooked on Obamacare, but now benefits are threatened

January 19, 2017 — Chris Welch, a Kennebunk lobsterman, had never purchased health insurance before the Affordable Care Act started offering individual marketplace insurance in 2013. He’s maintained the benefits ever since, even though as a healthy 28-year-old he doesn’t need to use his insurance that often.

Welch is among the thousands of people who work in Maine’s iconic lobster and fishing industries who could have their ACA insurance taken away if the law is repealed without a comprehensive replacement. Congress has set the wheels in motion to repeal the ACA, and lawmakers are debating whether to immediately replace it, and if so, with what plan. Lawmakers have yet to coalesce around a replacement plan, and the incoming Trump administration has not yet revealed a proposal.

There’s no exact count of how many fishermen or lobstermen have purchased ACA insurance, but U.S. Census data indicate robust enrollment in the industry.

Coastal communities with large numbers of self-employed workers have some of the highest percentages of residents signed up for ACA insurance, according to a ZIP code analysis of 2016 enrollment data from the federal government and workforce data from the U.S. Census.

For instance, on North Haven and Vinalhaven islands, both on the midcoast and known for the lobster industry, 22 percent and 21 percent of the people on each island, respectively, have ACA insurance, among the highest rates in the state. Forty-seven percent of Vinalhaven households include a person who is self-employed, while on North Haven it’s 38 percent, among the highest levels of self-employment in Maine.

Other coastal fishing communities with high ACA enrollment levels include Pemaquid, Round Pond, Beals and Brooklin.

The ACA’s individual marketplace was designed to be a place where those who can’t obtain insurance through an employer – such as a self-employed fisherman or a part-time worker – can purchase subsidized insurance. About 80,000 Mainers have health benefits through the ACA.

“If a repeal happens, it’s going to be a big hurt for these communities,” said Emily Brostek, executive director of Consumers for Affordable Health Care, an Augusta-based health advocacy nonprofit. “These are industries that we care about in Maine, but that don’t traditionally offer medical benefits.”

Congressional Republicans and President-elect Donald Trump have vowed to repeal President Obama’s signature health care legislation, which could leave more than 20 million Americans without insurance, depending on what a replacement bill looks like.

Welch, who has operated his own lobster boat since he was 16, has had health insurance since 2014, seeing it as a way to protect his health and finances.

“I didn’t have insurance prior to the ACA, and I wouldn’t have got it if it weren’t for the ACA,” said Welch, who estimates he pays about $220 a month for the benefits.

Read the full story at the Portland Press Herald 

Who will lead NOAA under President Trump?

January 18, 2017 — The National Oceanic and Atmospheric Administration, the parent organization of the National Weather Service, will introduce new leadership when President-elect Donald Trump assumes office.

The agency is at a crossroads and faces many important challenges in the coming years. How these challenges are addressed will help define the next generation of weather and climate forecasts and observations, and also have key implications for the health of our oceans.

In recent weeks, I have spoken to numerous leaders in the weather and climate community, and the three names mentioned repeatedly as candidates to head NOAA are:

  • Scott Rayder, senior adviser for development and partnerships at the University Corporation for Atmospheric Research
  • Barry Myers, chief executive of AccuWeather in State College, Pa.
  • Jonathan White, president and chief executive of the Consortium for Ocean Leadership

Read the full story at the Washington Post