Saving Seafood

PRESS OF ATLANTIC CITY: One way or another, NJ victory in flounder fight won’t last long

July 31, 2017 — Several months of fighting over catch restrictions for summer flounder, a.k.a. fluke, culminated earlier this month in a striking victory for New Jersey fishing interests and their representatives.

Federal regulators wanted to cut the catch 30 percent by increasing the size of keeper fish an inch (to 19 inches in the ocean and nearby waters, 18 in Delaware Bay), imposing a daily limit of three fish and setting a 128-day season.

Since January, fishing groups such as the Jersey Coast Anglers Association and federal representatives have pushed to avert the restrictions, at least until a fresh assessment of the flounder stock can be made.

Rep. Frank LoBiondo and fellow delegates from New Jersey in January sent the first of four letters against the restrictions to Obama administration Commerce Secretary Penny Pritzker. When that got nowhere, a letter went to her replacement in the Trump administration, Wilbur Ross … and then in April one to the chair of the House panel considering a LoBiondo-sponsored bill requiring a new stock assessment.

Read the full editorial at the Press of Atlantic City

Trump administration steps in on fishing limits, and the implications could ripple

July 25, 2017 — [Commerce Secretary Wilbur] Ross earlier this month dismissed the findings of the 75-year-old Atlantic States Marine Fisheries Commission, which concluded that New Jersey was violating a conservation plan for summer flounder that all the other states in the compact approved. Many conservationists thought that New Jersey, while following protocols, was bowing to the fishing industry.

The decision, which effectively allows New Jersey to harvest more summer flounder, marked the first time the federal government had disregarded such a recommendation by the commission, and it drew a swift rebuke from state officials along the East Coast.

Officials in New Jersey, which has one of the region’s largest fluke populations, had drafted an alternative plan that they said would do more to protect the fishery, but it was rejected by the commission, whose scientists concluded the plan would result in nearly 94,000 additional fish being caught. Ross, who oversees the National Oceanic and Atmospheric Administration, overruled the commission, allowing New Jersey to proceed.

“New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective,” Chris Oliver, assistant administrator of fisheries at NOAA, wrote the commission in a letter on behalf of Ross.

“This is the first time that no one asked me for a formal recommendation,” said John Bullard, NOAA’s Greater Atlantic regional administrator. “The secretary’s decision goes against long-standing protocol, and there’s a cost to that.”  He added: “There’s a reason to have regional administrators, because their experience and knowledge is valuable in making decisions like this one. This is an unfortunate precedent.”

“Ross was brilliant in his decision,” said Jim Donofrio, executive director of the Recreational Fishing Alliance in New Jersey, which represents thousands of recreational fishermen across the country. “The Trump administration has challenged a broken fishery management system in this country, and I applaud them for doing it.”

Read the full story at the Boston Globe

ALASKA: Former DNR commissioner tapped for high Interior post

July 20, 2017 — Another Alaskan has found a spot in President Donald Trump’s administration.

The president nominated former Department of Natural Resources Commissioner Joe Balash to serve as assistant Interior Department secretary for land and minerals management on Wednesday.

A native of North Pole, Balash is currently chief of staff to Sen. Dan Sullivan, who preceded him as Natural Resources commissioner under former Gov. Sean Parnell. Balash was a deputy DNR commissioner from 2010 to 2013 prior to leading the department until late 2014.

“It’s been a long time since the (Interior) Department had an assistant secretary from Alaska, and the president’s nomination of Joe Balash further proves his commitment to Alaska and rural America as a whole,” Interior Secretary Ryan Zinke said in a department release. “Joe is no stranger to the Department of the Interior having worked alongside the department on a number of projects in Alaska. He brings an incredible combination of state and federal experience to the table, and he will be very effective in helping the department work with Congress to do the work of the American people. I look forward to his speedy confirmation in the Senate.”

Zinke visited Alaska over Memorial Day weekend this year, repeatedly emphasizing that the state plays a primary role in the nation’s energy production.

Read the full story at the Alaska Journal of Commerce

American Samoa Biologist Says Marine Monument Designation Not Based On Science

July 18, 2017 — Department of Marine and Wildlife Resources (DMWR) Chief Fisheries Biologist, Domingo Ochavillo has shared concerns with US Interior Secretary Ryan Zinke, over the designation of Rose Atoll as a marine monument; and also argues that expansion of the Pacific Remote Islands National Marine Monument was not based on science “but more on political legacy considerations.”

The biologist’s comment was in response to Zinke’s request for public comments on DOI’s review of all land and marine monuments in the nation including Rose Atoll and Pacific Remote Islands following President Trump’s executive order in April.

“There is a need to review these national monument designations so that they are based on the best available science, and adequate cultural and economic considerations,”  said Ochavillo who wrote the comment-letter in her capacity as DMWR acting director at the time.

“The recent consideration of the American Samoa Deeds of Cession as a relevant document for federal decisions makes it more imperative now to review these marine monument designations,” said Ochavillo, referring to the Honolulu federal court decision this year that voids a US National Marine Fisheries Service rule which reduced last year the Large Vessel Prohibited Area in territorial waters from 50 to 12 miles.

Read the full story at Pacific Islands Report

Ocean Conservancy sues over red snapper

July 18, 2017 — The Ocean Conservancy and Environmental Defense Fund filed a lawsuit on Monday suing the Department of Commerce for its decision to lengthen the federal red snapper season for recreational anglers from three days to 42. Environmentalists with the groups feel the change “sanctioned overfishing,” putting the rebuilding of the historically overfished red snapper fishery at risk, and violated the Magnuson Stevens Fishery Conservation and Management Act (MSA).

“We’ve made great progress but we’re only about halfway through the rebuilding plan. You don’t stop taking antibiotics halfway through a prescription,” Chris Dorsett, vice president of conservation policy and programs, said in a press release.

The lawsuit, he said, is about protecting the longevity of the red snapper fishery.

The groups are arguing the mid-season change — which was advocated for by local elected officials — violated the MSA, which requires fishery managers to create and enforce annual catch limits that prevent overfishing. If the catch limit is exceeded, the excess catch is taken out of the allocated catch for the following year.

Red snapper is halfway through a 27-year rebuilding plan. Local fishermen report that it’s working, saying they are catching more and larger red snapper, which is why many found the three-day federal season insulting.

The result, though, is fish are being caught faster and the majority are actually being caught in state-managed waters, which was why the federal season was initially so conservative. When the Department of Commerce lengthened the season, they required the states to give up fishing days as part of the compromise.

Read the full story at the Panama City News Herald

Trump versus EDF in battle over Gulf red snapper season reopening

July 18, 2017 — A month after the administration of U.S. President Donald Trump reopened the red snapper fishing season in the Gulf of Mexico for 39 days, two environmental nonprofits have challenged the decision by filing a lawsuit.

A 14 June agreement struck between The U.S. Department of Commerce and the five U.S. states on the Gulf of Mexico aligned the 2017 federal and states red snapper season for recreational anglers, opening federal waters to private anglers for an additional 39 weekend days and holidays. The agreement made no change to the quota or season length for the charter or commercial sectors of the fishery.

On Monday, 17 July, the Environmental Defense Fund and the Ocean Conservancy filed suit in the U.S. District Court in Washington D.C., arguing the decision was made without scientific analysis and puts into jeopardy the ongoing recovery of the red snapper population in the Gulf, in violation of the Magnuson-Stevens Act and the National Environmental Policy Act. The lawsuit also complains the season was extended without adequate notice or time for public comment, claiming that violates the Administrative Procedure Act.

“In order to prevent overfishing and allow the Gulf of Mexico red snapper population to rebuilt, the Magnuson Stevens Fishery Conservation and Management Act requires the Fisheries Service to comply with the annual catch limit and accountability measures established in the fishery management plan for the red snapper fishery,” the suit states. “Yet, in the temporary rule, the Fisheries Service has extended the fishing season of red snapper for private anglers in a manner that conflicts with the FMP and implementing regulations.”

In a statement emailed to SeafoodSource, EDF said publicly available data and conservative assumptions show the extended season will result in private anglers catching three times their science-based limit in 2017. However, the lawsuit does not seek changes to the length of the 2017 fishing season, but rather, it aims to prohibit the Commerce Department from taking similar actions in the future.

In its federal notice reopening the red snapper season, the Commerce Department acknowledged the additional fishing days “will necessarily mean that the private recreational sector will substantially exceed its annual catch limit,” resulting in a  delay of the goal year for rebuilding the red snapper fishery from 2032 to 2038. In 17 of the past 22 years, the recreational sector has exceeded its annual catch limit for red snapper, resulting in shorter federal seasons as one year’s overages are subtracted from the next year’s quota. However, Gulf states have responded by lengthening their own red snapper seasons, resulting in a patchwork of regulations that scientific and environmental groups assert impedes recovery of the species.

Read the full story at Seafood Source

2 groups sue feds for extending anglers’ red snapper season

July 17, 2017 — Two environmental groups are suing the Trump administration for stretching the red snapper season for recreational anglers in the Gulf of Mexico.

Changes are needed — “The way we’re managing red snapper today stinks,” with states setting widely different anglers’ seasons in their waters and federal seasons getting shorter and shorter, Robert Jones of the Environmental Defense Fund said Monday.

But, he said, “I don’t want to return to the bad old days when my dad and I could barely find a red snapper.”

Jones and Chris Dorsett of the Ocean Conservancy, said during a conference call with reporters Monday that both groups want their lawsuit to prompt discussions about improvements.

The U.S. Commerce Department did not immediately comment. It has said the economic benefit from allowing weekend fishing this summer by recreational anglers in federal waters outweighs the harm to the red snapper species, which is still recovering from disastrous overfishing.

Gulf state officials had lobbied for and praised the change, but the federal lawsuit filed in Washington says the decision violated several laws by ignoring scientific assessments, promoting overfishing, and failing to follow required procedures.

The prized sport and table fish has rebounded under fishing limits and procedures set by the Gulf of Mexico Fishery Management Council, but is only halfway to its goal, Dorsett and Jones told The Associated Press earlier. The lawsuit isn’t trying to cancel the current season but seeks to prevent similar decisions in the future.

Read the full story from the Associated Press at ABC News

NEW JERSEY: Trump official’s fish ruling could harm conservation

July 17, 2017 — A row with an appointee of President Donald Trump’s administration over the regulation of flounder fishing off New Jersey jeopardizes conservation of marine species all along the East Coast, interstate fishing managers said Monday.

The flatfish in question is the summer flounder, which is popular with sport fishermen and commercial fishermen from Maine to Florida. The regulatory Atlantic States Marine Fisheries Commission announced in June that it had found New Jersey out of compliance with management of the summer flounder fishery.

But Secretary of Commerce Wilbur Ross needed to sign off on the ruling, and he instead reversed it. The commission said in a statement that Ross’ ruling represents the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act in 1993 that a commerce secretary has failed to uphold such a noncompliance recommendation.

Ross’ ruling has the potential to soften the regulatory authority of the commission, which is tasked with managing fisheries along the coast, said Toni Kerns, director of the interstate fisheries management program for the Atlantic States.

The Atlantic States found that New Jersey was not implementing conservation measures, and Ross could have called for a federal moratorium on fishing for summer flounder in New Jersey’s state waters, Kerns said. Instead, his reversal sends a message that Atlantic States’ rulings lack teeth, she said.

“If the secretary of commerce isn’t agreeing to use that tool, then other states will see that and start not implementing measures,” Kerns said.

Read the full story from the Associated Press at The News & Observer

Dr. David Shiffman: The rare Trump appointment that is actually making scientists very happy

July 14, 2017 — The following is excerpted from an analysis piece written by Dr. David Shiffman, a fisheries scientist and Liber Ero Fellow based at Simon Fraser University, and was published in The Washington Post yesterday. The analysis referenced and linked to Saving Seafood’s previous coverage of widespread industry support for Chris Oliver’s appointment as NOAA Fisheries Assistant Administrator, found here:

[T]he appointment of fisheries biologist Chris Oliver to lead NOAA Fisheries — the agency within the National Oceanic and Atmospheric Administration that is charged with sustainable management of commercial fisheries worth more than $140 billion — represents a striking departure from the Trump administration’s scientific and environmental personnel and policy choices.

Oliver has worked as the executive director of the North Pacific Fishery Management Council since 1990. He has won the praise of both conservation groups and industry.

The position he will assume is one of the most important science, environment and natural resource management positions in the federal government. Its responsibilities include not only fisheries management but also conservation of marine species under the Marine Mammal Protection Act and the Endangered Species Act. NOAA Fisheries operates offices and research stations in 15 states and territories and employs more than 3,000 people.

Environmentalists and fishermen were following this appointment nervously. A mismanaged NOAA Fisheries could do severe and long-lasting environmental harm to U.S. marine and coastal waters, and economic harm to the millions of Americans who depend on those ecosystems.

The ocean conservation nonprofit sector, which has been strongly critical of the Trump administration, is praising this appointment. “Chris Oliver brings years of past experience working with fishermen, conservation groups and scientists, and a deep understanding of the practices and importance of science and ecosystem based management to the federal fisheries arena,” said Chris Dorsett, vice president of conservation policy at the Ocean Conservancy, a leading marine conservation nonprofit.

The seafood industry, which called for Oliver’s appointment in January in what was called “a nearly unprecedented display of unanimity,” is also pleased. “We are extremely supportive and excited about Chris’s appointment because he brings to NOAA Fisheries the skills and experience necessary to affect positive change during the challenging times that lie ahead,” said Lori Steele, executive director of the West Coast Seafood Processors Association.

“It isn’t often that the U.S. seafood industry unites together to support an appointment, but it was easy, thanks in large party to Chris’s experience and long-standing reputation as a fair, honest and successful leader in fisheries management,” she said.

“I am delighted that Chris has been well received by the fishing community in his new position,” said Wilbur Ross, the Secretary of Commerce, in a statement provided to the Post. “I have the utmost confidence that he will do a great job working with stakeholders to manage our nation’s vital fisheries – that’s why I recommended him to the president.”

Read the full story at The Washington Post

Environmental group sues after Trump administration scraps effort to protect West Coast sea animals

July 14, 2017 — An environmental group has filed a federal lawsuit challenging the Trump administration’s withdrawal of proposed limits on the number of endangered whales, dolphins and sea turtles that can be killed or injured by sword-fishing nets on the West Coast.

Oceana Inc., which lodged the case late Wednesday in Los Angeles, alleges that the government violated required procedures for rescinding the proposed caps that had been recommended in 2015 by the federal Pacific Fishery Management Council.

Named as defendants in the U.S. District Court case are Secretary of Commerce Wilbur Ross, the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service.

“The withdrawal of this important protection for whales, sea turtles, and other species is plainly illegal,” said Mariel Combs, Oceana’s attorney. “The law requires the fisheries service to respect the fishery management council’s expertise in managing fisheries.”

Read the full story at the Los Angeles Times