Saving Seafood

River herring, hurt by dams and climate, might be endangered

September 5, 2017 — PORTLAND, Maine — The federal government is reviewing the status of a pair of river herring species to see if the little fish should be listed under the Endangered Species Act because of factors including dams and climate change.

The National Marine Fisheries Service is looking at the health of the alewife and blueback herring populations. The fish live in rivers from Maine to Florida, and conservationists have long made the case that their declining populations pose a major problem for the health of ecosystems along the East Coast.

The herring species are estimated to be at about 3 percent of their historical abundance, fisheries service biologist Tara Lake said in August. The damming of rivers and the creation of other obstructions, she said, has reduced their access to habitat to 5 percent of its historic amount.

Read the full story from the Associated Press at the Westerly Sun

The ESA Litigation Cartel

Americans Become Less Litigious as Frivolous ESA Litigation Quintuples

August 29, 2017 — The following was released by The Scope, a newsletter by the House Committee on Natural Resources:

According to recent polling from Public Opinion Strategies, 87% of voters agree that there are too many lawsuits filed in America. In fact, “Americans, reputed to be the most litigious people in the world, are filing far fewer lawsuits.” However, despite these developments, suits from fringe elements of the national environmental lobby are growing more rampant.

Here’s the good news: in 1993, 10 out of every 1,000 Americans filed a tort lawsuit. In 2015, that number declined to 2 out of 1,000 Americans filing suit. By contrast, environmental litigation, especially cases filed under the Endangered Species Act (ESA), has experienced a sustained spike.

ESA has been abused by a small group of deep-pocketed special interest litigants to enforce their own policy preferences and to line the pockets of their attorneys and organizations. The ESA imposes no cap on attorneys’ fee awards that these special interest plaintiffs can recover from the federal government. The absence of such a cap was originally designed to ease the financial burden on citizens protecting themselves against federal actions. But when wealthy ideological groups repeatedly abuse the law in order to enrich themselves with taxpayers’ money, where do we draw the line?

As the Committee continues its work to improve and modernize the ESA, it’s a question worth asking.

Curtailing Species Recovery

ESA Litigation Cartel Fact #1: Two litigious environmental groups alone – WildEarth Guardians and Center for Biological Diversity – have filed over 1,500 lawsuits since 1990. That’s one new paralyzing lawsuit filed roughly every week over the past three decades from just two so-called “environmental” organizations.

Outcome: Valuable taxpayer resources are drained from actual species recovery – the very purpose of the ESA in the first place – to line the pockets of a few large-scale litigants.

Drowning Resources from the Fish and Wildlife Service (FWS) 

ESA Litigation Cartel Fact #2: ESA-related sue-and-settle agreements quintupled during the Obama administration compared to previous administrations. In 2011, as part of a “mega-settlement” with the same two environmental groups, the FWS agreed to review over 250 species as well as actions impacting 1,053 species without public review or state input.

Outcome: Consequently, FWS devoted nearly all of its species petition and listing budget to comply with lawsuits, siphoning valuable taxpayer resources away from actual species recovery.

Costing the Taxpayer Millions

ESA Litigation Cartel Fact #3: Federal agencies have paid out $30 million for ESA-related litigation since 2009, and the Department of the Interior alone has shelled out $14 million on ESA-related attorney’s fees in the same time frame.

Outcome: Between 2009 and 2012, “sue and settle” agreements between environmental groups and the federal government resulted in over 100 new regulations with more than $100 million in annual compliance costs and – once again – more resources shifting away from actual species recovery.

MASSACHUSETTS: State Rep. Straus request reveals NOAA has yet to penalize Rafael

August 25, 2017 — NEW BEDFORD, Mass. — Through a public records request, Rep. William Straus said he discovered that NOAA hasn’t disciplined Carlos Rafael since the indictment has been released.

That included an incident on Aug. 5, 2016, which occurred after the indictment, where public records also show that the Coast Guard cited the Lady Patricia, a Rafael vessel listed in the indictment, for “fishing without proper VMS designation.”

NOAA defines its Vessel Monitoring System (VMS) as a system supporting law enforcement initiatives and preventing violations of laws and regulations. It is used as evidence in the prosecution of environmental laws and regulations including regional fishing quotas, the Endangered Species Act, and the Marine Mammal Protection Act.

Rafael pleaded guilty in March to falsely labeling fish quotas, tax evasion and smuggling money.

NOAA said it doesn’t comment on ongoing cases, but it said it isn’t uncommon for the organization to issues penalties after criminal proceedings.

Straus, D-Mattapoisett, had requested from NOAA all charging documents involving Rafael.

“There was a pattern of behavior which concerned me about its impact on what we want to have in terms of managing the fishery,” Straus said.

Read the full story at the New Bedford Standard-Times

NOAA Fisheries Designates Critical Habitat for Atlantic Sturgeon

August 16, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries today designated critical habitat for Atlantic sturgeon–an important step to ensuring their recovery.

The critical habitat designation will require federal agencies to consult NOAA Fisheries if they operate or fund activities that may affect designated critical habitat in more than 3,968 miles of important coastal river habitat from Maine to Florida. Atlantic sturgeon was listed under the Endangered Species Act in 2012 and is comprised of the threatened Gulf of Maine distinct population segment and the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic distinct population segments.

The ESA requires that NOAA Fisheries designate critical habitat when a species is listed as threatened or endangered. Under the ESA, critical habitat is defined as specific areas within the geographical areas that are occupied by the species, that contain physical or biological features essential to the conservation of that species, and that may require special management considerations.

The designation of critical habitat does not include any new restrictions or management measures for recreational or commercial fishing operations, nor does it create any preserves or refuges. Instead, when a federal agency funds, authorizes, or carries out activities that may affect critical habitat, it must work with NOAA Fisheries to avoid or minimize potential impacts to critical habitat. The activity of the federal agency may need to be modified to avoid destroying or adversely modifying the critical habitat.

“We look forward to working with our federal partners to reduce potential impacts to Atlantic sturgeon critical habitat,” said Samuel D. Rauch III, deputy assistant administrator for regulatory programs at NOAA Fisheries. “Our focus now will be on providing guidance to federal agencies to help them carry out their actions efficiently and effectively while minimizing impacts to habitat that is critical to these endangered and threatened populations of sturgeon.”

Atlantic sturgeon are anadromous and use coastal and estuarine waters throughout their lives, and travel to rivers to spawn or lay their eggs. Unlike some anadromous fish, sturgeon do not die after spawning and will return to spawn multiple times. They can grow up to 14 feet long, weigh up to 800 pounds, and live up to 60 years.

Historically, Atlantic sturgeon inhabited approximately 38 rivers in the United States spanning from Maine to Florida. Scientists identified 35 of those as spawning rivers. Atlantic sturgeon can now be found in approximately 32 of these rivers, and spawn in at least 20 of them. Critical habitat areas in coastal rivers were identified based on physical and biological features, such as soil type in the river bed, water temperature and salinity, and underwater vegetation, that are essential to the conservation of Atlantic sturgeon, particularly for spawning and development.

Atlantic sturgeon were harvested heavily in the twentieth century, particularly for their eggs (or roe) used for caviar. Overfishing led to a decline in abundance of Atlantic sturgeon, and in 1998 the Atlantic States Marine Fisheries Commission issued a coast-wide moratorium on the harvest of Atlantic sturgeon, and NOAA Fisheries followed with a similar moratorium in federal waters.

More information on the critical habitat designation is available in the Federal Register notice and on our website.

Request for Information: NOAA Fisheries Announces River Herring Status Review

August 15, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries is initiating a new status review of alewife and blueback herring. In a status review, we evaluate the best scientific and commercial data available on the current status of the species. We use these reviews to determine whether listing under the Endangered Species Act is warranted.

Through this announcement, we are requesting submission of information on alewife and blueback herring rangewide, including any information on the status, threats, and recovery of the species that has become available since the previous listing determinations in 2013.

Please submit your information by October 16, 2017, either through the e-Rulemaking portal or by mail to:

Tara Trinko Lake

NOAA Fisheries Greater Atlantic Region

55 Great Republic Drive

Gloucester, MA 01930

Request for Comments: Application for Incidental Take of Atlantic Sturgeon in the James River, Virginia.

August 15, 2017 — The following was released by NOAA Fisheries:

We recently received an application from Dominion for an Endangered Species Act Section 10(a)(1)(B) Incidental Take Permit for activities associated with their Chesterfield Power Station along the James River in Chesterfield, Virginia.

We are considering issuing a 10-year permit to the applicant that would authorize take of endangered Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) from the Chesapeake Bay Distinct Population Segment (DPS) incidental to the withdrawal of cooling water from the James River and sampling required by the Clean Water Act.

Dominion’s application for an Incidental Take Permit, their draft habitat conservation plan, and our draft environmental assessment are all available at Regulations.gov for public review and comment.

Comments are due on September 13, 2017.

NOAA awards $5.8 million in grants to support endangered, threatened species recovery

Application period for 2018 grants now open

August 11, 2017 — The following was released by NOAA Fisheries:

Today, NOAA announces the award of $5.8 million in species recovery grants to states and tribes to promote the recovery of endangered and threatened marine species, ranging from large whales to tiny shellfish.

This year’s awards include almost $1.1 million for six new grants to four states and one federally recognized tribe. The remaining $4.7 million will support 22 continuing projects for 20 states and two tribes.

Species Recovery Grants provide funding to states and tribes to support management, research, and outreach efforts designed to recover vulnerable species to a point where Endangered Species Act protections are no longer necessary. Funding may also support monitoring of species under consideration for protection or species recently removed from the list of endangered and threatened species.

Both new and continuing projects focus on the recovery of extremely vulnerable species as part of NOAA’s Species in the Spotlight initiative, including Cook Inlet beluga whales, Atlantic salmon, white abalone, and Southern resident killer whales.

“Helping these species recover means bringing partners to the table to tackle critical conservation challenges at the local level,” said Donna Wieting, director of NOAA Fisheries Office of Protected Resources. “These grants are an effective way for us to help states and tribes work with us to recover our most vulnerable marine species.”

In the Greater Atlantic Region, we awarded funds for one new grant:

  • Massachusetts Division of Marine Fisheries: Right Whale Surveillance and Habitat Monitoring in Cape Cod Bay and Adjacent Waters

And awarded continuing grants to:

  • Delaware Department of Natural Resources and Environmental Control: Conservation andRecovery of Juvenile Sturgeons in the Delaware River
  • Maine Department of Marine Resources: Migratory characterizations of Atlantic salmon smolts and adults in the Penobscot River, Maine
  • Maryland Department of Natural Resources: Reproductive Habitat of Chesapeake Bay DPS Atlantic Sturgeon in the Nanticoke Estuary
  • New Jersey Department of Environmental Protection, Division of Fish and Wildlife: New Jersey Atlantic and Shortnose Sturgeon Research and Management
  • Penobscot Indian Nation: Atlantic Salmon Management and Outreach Project
  • Virginia Department of Game and Inland Fisheries: Assessment of critical habitats for recovering the Chesapeake Bay Atlantic sturgeon distinct population segments – Phase II: A collaborative approach in support of management

In addition, the 2018 call for proposals is now open, with a continued focus on recovering NOAA’s Species in the Spotlight. Tribal applications and state applications are due November 1, 2017. To apply, please visit www.grants.gov.

NOAA rejects bid to list tuna as endangered

August 9, 2017 — The Trump administration on Tuesday chose not to list the Pacific bluefin tuna as an endangered species, rejecting a petition by the largest global conservation group that the U.S. is a member of, with France, South Korea, Australia, and several other countries.

The Commerce Department’s National Marine Fisheries Service announced the decision after a 12-month review of the request that started under the Obama administration.

In response, environmentalists are organizing an international boycott of sushi restaurants, decrying what they say is the startling reversal of the agency’s original intent to list the tuna under the Obama administration.

The agency said that it looked at all factors affecting the bluefin tuna’s habitat, and based “on the best scientific and commercial data available … and after taking into account efforts being made to protect the species, we have determined that listing of the Pacific bluefin tuna is not warranted,” the agency said in a notice published in the Federal Register.

The International Union for Conservation of Nature had petitioned the U.S. government to list the tuna after assessing “the status of Pacific bluefin tuna and categorized the species as ‘vulnerable’ in 2014, meaning that the species was considered to be facing a high risk of extinction in the wild,” the notice read.

Read the full story at the Washington Examiner

Tuna won’t be listed as endangered, Trump administration says

August 8, 2017 — Rejecting a petition from environmental groups, the Trump administration announced Monday that it will not list Pacific bluefin tuna — a torpedo-shaped fish that can grow to 1,000 pounds and which sells for $100,000 or more per fish in Japanese sushi markets — as endangered, despite that fact that the animal’s population has fallen 97 percent.

Even with heavy fishing pressure, the steely fish, which swim 6,000 miles between California and Asia, still number about 1.6 million, officials from NOAA, the National Oceanic and Atmospheric Administration, said Monday.

“The Pacific bluefin tuna does not meet the definition of threatened or endangered under the Endangered Species Act; that is, it’s not likely to become extinct either now or in the foreseeable future,” said Chris Yates, assistant regional administrator for protected resources at the NOAA Fisheries West Coast Region in Long Beach.

“The population has been at low levels before and has rebounded,” he added.

Environmental groups, however, were disappointed. They have compared bluefin tuna to elephant tusks or shark fins — products that come from an important, but vulnerable, species and command high prices for status value.

Read the full story at the Mercury News

Hawaii Longline Leader Testifies on Ways to Strengthen the MSA

July 27, 2017 — SEAFOOD NEWS — A Hawaii fishing industry leader made three suggestions to the House Natural Resources Committee’s Subcommittee on Water, Power and Oceans during a hearing last week on “Exploring the Successes and Challenges of the Magnuson-Stevens Act.” The hearing was designed to continue discussions relevant to MSA reform and consider current draft legislation.

Hawaii Longline Association President Sean Martin, one of four invited witnesses, said overall the MSA is working well, but the Hawaii seafood industry is facing problems related to national monuments created under the Antiquities Act, Endangered Species Act issues and more.

“The MSA is a success and should be the principal source of authority for management of U.S. fisheries,” Martin said in his testimony. “Overfished stocks have been rebuilt, and few stocks are now overfished. Management measures are precautionary and based on the best scientific information available. The regional fishery management councils provide regional fishing expertise and utilize an effective bottom-up decision making process that includes the fishing industry. The MSA also requires the evaluation of impacts on fish stocks as well as fishermen and fishing communities.”

However, the 140 active vessels in the longline fleet, which lands roughly $100 million worth of tuna and other highly migratory fish annually, is struggling with access to fishing grounds.

“We operate in a very competitive arena, both for fishing grounds in international waters and for the U.S. domestic market. The recent marine monument designations established under the Antiquities Act prohibits us from fishing in 51 percent of the US Exclusive Economic Zone in the Western Pacific region,” Martin said. “Access to the high seas is also being challenged by recent United Nations initiatives. Closure of US waters and the high seas hurts us, reducing our ability to compete and increasing the vulnerability of our markets to foreign takeover.”

Martin said the longliners have worked with NMFS and the Western Pacific Regional Fishery Management Council for more than 25 years to ensure sound fishery data would be used in stock assessments and regulations. They have collaborated on research such as gear modifications to protect sea turtles, seabirds and marine mammals.

“We are proud of our efforts and the Hawaii longline fishery is an iconic, internationally recognized model fishery. It is the most highly monitored, strictly regulated longline fishery in the Pacific,” he said.

With that, Martin suggested three things to help make the MSA stronger:

  1. Manage U.S. ocean fisheries through the MSA process;
  2. Strengthen support for U.S. fisheries in the international arena; and
  3. Simplify the MSA regulatory process.

“In recent years, the management of fisheries covered by the MSA has been circumvented by other statutes and authorities,” Martin said regarding using the MSA process for managing ocean fisheries. “This includes the Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, National Marine Sanctuaries Act, and the Antiquities Act. These acts do not require the same level of public consultation and transparency as compared to the MSA.

“For our fishery, the biggest gains in protection have been achieved through the Council process. For example, sea turtle and seabird interactions were reduced by 90 percent as a result of industry cooperative research and Council developed regulations. In HLA’s view, fisheries should be managed primarily through the fishery management councils under the MSA. This ensures a transparent, public, and science-based process which allows the fishing industry and stakeholders to be consulted. It provides that analyses of impacts to fishery dependent communities are considered, and prevents regulations that might otherwise be duplicative, unenforceable, or contradictory.

“Past administrations have established huge national marine monuments in the Pacific totaling more than 760 million acres of U.S. waters under the Antiquities Act of 1906. In our view, marine monument designations were politically motivated and addressed non-existing problems. Fisheries operating in these areas were sustainably managed for several decades under the MSA and the Western Pacific Council. There was no serious attempt to work with the fishing industry in the designations of these marine monuments. Public input was minimal.”

Regarding support for U.S. fisheries in the international arena, Martin said, “In 2016, Congress enacted ‘Amendments to the Western and Central Pacific Fisheries Convention Implementation Act’ (16U.S.C. 6901 et seq.). The amendments direct the Secretaries of Commerce and State to seek to minimize any disadvantage to U.S. fisheries relative to other fisheries of the region and to maximize U.S. fisheries’ harvest of fish in the Convention Area.

“The amendments are intended to level the playing field between
U.S. and foreign fisheries. U.S. fisheries managed under the MSA are sustainable, yet they are often disadvantaged within international fisheries commissions. U.S. fishing interests require strong U.S. government negotiators to advocate and support U.S. fisheries.

“For example, the Hawaii longline bigeye quota has been reduced to 3,345 metric tonnes (mt), while quotas for other countries have not been reduced (e.g. Indonesia). The WCPFC-imposed quotas are based on historical catch and do not match current fishing capacity. For example, Japan has a bigeye quota of nearly 17,000 mt, but only catches around 11,000 mt. China has been expanding its longline fleet from about 100 vessels in 2001 to over 430 vessels in 2015, and has a bigeye quota of around 7,000 mt. Our fleet has been limited to 164 permits since 1991. China is continuing to expand its longline fisheries and supplying US markets with poorly monitored seafood.”

Lastly, Martin hit on another problem faced by several industry groups around the country, not just in Hawaii: Simplifying the MSA regulatory process. The National Environmental Policy Act has caused delays and duplications in several regions.

“HLA supports the regional councils’ efforts to achieve a more streamlined process for approval of regulatory actions,” Martin testified. “A fishery management plan document from a regional council typically contains a full discussion of impacts on the fisheries, on the fish stocks, and on associated species (e.g., endangered species, marine mammals, seabirds, etc.).

“The National Environmental Policy Act requires duplicative evaluation and incongruent public comment periods. The analytical duplication between the MSA and NEPA is unnecessary, delays needed actions, has a high cost, and provides more avenues for legal challenges and delays on non-MSA grounds. Also, it is often very confusing to the industry with regard to timing and where we should apply our input in the process.”

Martin said the longline association recommends amending the MSA to authorize a single analytical document for any proposed regulatory action that will streamline the process, eliminate duplication and allow for more meaningful industry input.

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