July 26, 2021 — U.S. Rep. Jared Huffman (D-California) announced on Monday 26 July, 2021, that he introduced a reauthorization bill for the Magnuson-Stevens Act, the federal law that oversees fishery management in the United States.
In a statement, Huffman said it’s time for a new reauthorization of the landmark legislation because of changes within the industry and the challenges it faces.
February 4, 2021 — Call it a vicious circle. Maybe a vortex from which it seems there is no escape. Maybe it’s quicksand.
Regardless, Earthjustice and Oceana are, for the third time, suing NMFS over the central subpopulation of northern anchovy on the West Coast. NMFS published new anchovy catch limit regulations on Dec. 31, 2020; the conservation groups said those regulations, again, were insufficient.
January 22, 2021 — Salmon and steelhead advocates returned to court to again ask a federal judge to overturn the government’s plan to operate dams on the Snake and Columbia rivers in a way that pushes the fish closer to extinction.
The National Wildlife Federation and several other conservation groups, including Idaho Rivers United and the Idaho Conservation League, contend a biological opinion issued by the National Oceanic and Atmospheric Administration and associated documents and decisions by the Army Corps of Engineers, Bureau of Reclamation and Bonneville Power Administration violate the Endangered Species Act, National Environmental Policy Act and the Administrative Procedures Act.
Last year, the agencies completed an environmental impact statement ordered by Judge Michael Simon of Portland after he found the government’s 2014 plan to be illegal. In it, the agencies dismissed the idea of breaching the four lower Snake River dams as too costly while also admitting that dam removal offered the fish the best chance of recovery. Instead, the agencies chose a plan built largely on spilling water at the dams to help speed juvenile salmon and steelhead downstream during their migration to the Pacific Ocean.
Todd True, the lead EarthJustice attorney representing the plaintiffs, said the groups felt forced to file.
October 23, 2020 — Environmental groups went to federal court Oct. 21 with a lawsuit claiming the Trump administration is violating the Endangered Species Act by an inadequate interagency consultation on oil and gas operations in the Gulf of Mexico.
The San Francisco-based legal foundation Earthjustice filed the action on behalf of the Sierra Club, the Center for Biological Diversity, Friends of the Earth and Turtle Island Restoration Network. The lawsuit attacks an assessment of the hazards that offshore oil and gas drilling and production pose to endangered marine species, issued in March by the National Marine Fisheries Service.
In an earlier 2018 lawsuit filed in a federal court in Florida, Earthjustice and other groups complained NMFS and the U.S. Fish and Wildlife Service had unreasonably delayed developing a new biological opinion – or “BiOp” in the argot of federal bureaucracy – to evaluate impacts as required by the Endangered Species Act.
The law requires certification that government actions – such as permitting offshore drilling – won’t harm endangered species. The last biological opinion was issued in 2007; BP’s Deepwater Horizon accident and oil spill in 2010, with its sweeping environmental impacts and losses of marine life, triggered the process for a reassessment of the dangers.
October 22, 2020 — Environmental groups asked a federal court Wednesday to throw out the Trump administration’s assessment of oil and gas activity’s likely effects on endangered species in the Gulf of Mexico, saying it dismisses the chance of another disastrous blowout like the BP spill of 2010.
The National Marine Fisheries Service’s 700-page analysis greatly underestimates both the likely number and size of oil spills, according to the suit filed by Earthjustice for the Sierra Club, the Center for Biological Diversity, Friends of the Earth, and Turtle Island Restoration Network.
Even though the study was prompted by the 2010 spill, it “essentially pretends the Deepwater Horizon spill never happened — that there was nothing to learn from that disaster,” Earthjustice attorney Chris Eaton said in an interview Tuesday.
October 12, 2020 — All manner of marine life, from plankton to the largest of whales, will be spared from months of nonstop thunderous seismic blasts that could kill or harm them because the oil and gas explorers and the federal government are allowing their permits to expire on Nov. 30 — and it would take at least a year for them to obtain new ones — should they wish to, environmentalists say.
“If you had told me two years ago 2020 would begin and end without any seismic air gun testing I would have been elated; that’s why I’m elated now,” Steve Mashuda, the Seattle-based managing attorney for oceans at Earthjustice, said by telephone.
The San Francisco-based nonprofit is one of several environmental nonprofits that in December 2018 sued in a South Carolina federal court to stop the tests — twice as loud as a jet engine — sought from New Jersey’s Cape May to Cape Canaveral, Florida.
Though New York and New England were not included, the blasts are so powerful they travel thousands of miles. New York Gov. Andrew Cuomo, Sen. Kirsten Gillibrand (D-N.Y.), Sen. Cory Booker (D-N.J.) and a number of other East Coast local, state and federal officials opposed them — the first step in the Trump administration’s initial plan to open the Atlantic Ocean to oil and gas firms.
July 2, 2020 — A threatened shark species is poised to see new protections against overfishing under a deal with federal officials, conservation groups and a Native Hawaiian cultural practitioner, according to Earthjustice.
More than 300,000 oceanic whitetip sharks have died as bycatch in commercial fishing nets off Hawaii and American Samoa since 2013, and the species is believed to have declined by as much as 95% since the mid-1990s, according to a release from the nonprofit law organization.
It’s been listed as threatened under the Endangered Species Act — but it’s never been designated as “overfished,” the release stated.
April 6, 2020 — The National Marine Fisheries Service was asked in a lawsuit filed in Hawaii to protect Pacific oceanic white-tip sharks, which are listed as threatened under the federal Endangered Species Act.
The environmental law firm Earthjustice filed the lawsuit on behalf of several conservation groups, including the Conservation Council for Hawaii and Michael Nakachi, a Native Hawaiian cultural practitioner and owner of a local scuba diving company, the Garden Island reported.
“No protections exist to prevent fisheries from capturing oceanic white-tip sharks as bycatch,” said Moana Bjur, executive director of the Conservation Council for Hawaii. “That needs to change if we are to prevent this incredible apex predator from going extinct. That’s why we’re going to court.”
July 8, 2019 — SEAFOOD NEWS — The more things change, the more they stay the same.
In this case, NMFS issued a final rule regarding management of the central subpopulation of anchovy off California, and the conservation group Oceana sued. NMFS applied best available science and approved policy to update the rule using recent biomass estimates, as directed by the Court, and re-filed it last month. Oceana sued again last week.
The lawsuit against the National Marine Fisheries Service was filed over the agency’s “continued failure to prevent overfishing, use the best available science, or account for the food needs of ocean animals in managing anchovy,” Oceana said in a press release.
The rule established a multi-year, unchanging catch limit for anchovy that does not account for the frequent, and sometimes rapid, cycles of booms and busts in the size of this population, Oceana said. The final rule is a near carbon copy of an earlier proposal by the Fisheries Service in 2016 that was struck down in court because it did not use best available science and did not prevent overfishing.
Oceana, represented by Earthjustice, said NMFS continues to manage certain fish populations, including northern anchovy, by setting multi-year catch limits that stay in place regardless of the population’s status. The complaint, filed in the U.S. District Court for the Northern District Court of California, claims that in failing to actively manage the anchovy population based on current population size, NMFS has again failed to use the best available science, prevent overfishing and ensure adequate forage fish for dependent predators, the press release said.
The recent NMFS final rule employed the same harvest policy as originally approved and updated the reference points based on recent years of anchovy biomass estimates. The new overfishing limit, which represents a long-term average maximum sustainable yield, is close to the original estimate. The acceptable biological catch and annual catch limit also conform with the original harvest policy, which is based on 25% of the OFL. The anchovy population is acknowledged to be close to historic abundance, which is why the numbers are similar, industry members say.
The NMFS acoustic trawl survey method on which the management levels are based is at the heart of the issue. Both the California Wetfish Producers Association and the West Coast Pelagic Conservation Group say the survey does not capture an accurate picture of the anchovy biomass; for example, it misses the nearshore areas that anchovy frequent as well as the upper 10 meters of the water column, the acoustic “dead zone.” The model used to estimate anchovy biomass also is missing critical age information from earlier decades.
“… despite Oceana’s claim that acoustic trawl surveys are ‘state of the art’ science, the 2018 Acoustic Trawl Methods Review down-weighted the AT survey biomass estimates to a ‘relative’ index of abundance because it omits a substantial portion of the biomass inshore of the existing survey tracks, as documented by our collaborative [California] Department of Fish and Wildlife aerial surveys,” CWPA Executive Director Diane Pleschner-Steele said in an email.
Both the CWPA and WCPCG have developed collaborative methods to survey the nearshore areas for forage fish utilizing exempted fishing permits. The groups are working with both state and federal researchers to get a fuller picture of the anchovy — and other pelagic species — stock.
Oceana representatives have said the acoustic trawl survey, with the state-of-the-art technological equipment, does represent the best available science. Industry members argue that the best equipment and a model that relies primarily on that data does not represent the “best science” since it cannot survey many areas where the anchovy spend much of their time.
“We remain frustrated that the Fisheries Service continues to ignore state of the art fish population surveys produced by their own scientists when deciding how many anchovies fishermen can catch on an annual basis,” Geoff Shester, Oceana California Campaign Director and Senior Scientist, said in a statement, noting that predators such as other fish, whales, pelicans, sea lions depend on anchovies and other forage fish species.
“Oceana has dismissed concerns industry has expressed about the survey, such as lack of data on the inshore components of the stock,” WCPCG member Mike Okoniewski said in an email. “While industry is actually working collaboratively with the science centers and state agencies to explore alternative survey methodology … , we wonder why Oceana would rather litigate, than collaborate with ongoing efforts the science staff and industry are undertaking to gain a better knowledge about the population size and behavior of our coastal pelagic stocks?”
Meanwhile, Pleschner-Steele said California fishermen have ben seeing abundant anchovy since 2015. At least now NOAA’s acoustic surveys are beginning to validate fishermen’s observations to a degree, but the still missing nearshore component is a problem that has been recognized as necessary to fully assess the central anchovy stock. The stock historically fluctuated between very high and very low abundance, even absent any fishing activity. The Pacific Fishery Management Council and NMFS have established a very precautionary management approach by capping the harvest at 25 percent of the estimated OFL. The harvest rule is based on a long-term average biomass, not a single-year stock assessment. Even with a 25,00 mt harvest cap, fishermen have landed far less, averaging only 8,000 mt per year or less.
“Industry will always have more ‘sea’ time than the survey or research ships. Our livelihoods depend on what we observe,” Okoniewski said. “While we are not scientists we do first hand surveillance of these stocks and their environment. This has motivated us to work more closely with the scientific staff, and in most cases this has been reciprocated by the science community. Coastal Pelagic stocks are difficult to survey and fishery observations often differ from scientific observations. We believe it is best to work together to resolve some of these differences in observation.”
This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.
June 27, 2019 — Hawaii’s longline fishermen will be able to catch nearly 18 million pounds of bigeye tuna next year under a recommendation adopted Wednesday by the Western Pacific Regional Fishery Management Council.
That’s more than double the limit set by the international body that regulates fishing in the Western and Central Pacific Ocean, but they skirt that by allocating the additional catch to U.S. Pacific island territories.
Federal and industry scientists said the bigeye stock in the region will remain sustainable, and that their modeling does not suggest the increased quota will lead to overfishing.
That’s good news for poke bowl fans and lovers of fresh ahi sashimi. Wespac members said it could mean more stable prices and better availability in local and national markets.
But an increase in fishing concerns environmental groups who highlight how the longliners accidentally catch endangered turtles, dolphins, albatrosses and sharks while targeting tuna.
David Henkin, Honolulu-based staff attorney for Earthjustice, said the longline tuna fishery’s indiscriminate fishing methods — miles of line and thousands of hooks are strung off each boat — kill and injure countless non-target marine species each year.
Wespac’s science committee recommended last week that the full council should let Hawaii’s longliners allocate up to 2,000 tons (4.4 million pounds) in additional catch to each of the three territories.
The Hawaii Longline Association, which represents most of the fleet, had supported that decision as well. Executive Director Eric Kingma said it would be a “wise choice” that provides more flexibility to the industry and more utilization of a resource that is not being overfished.
He was one of the scientists who produced the paper on which the recommendation was made.