Saving Seafood

US fishing vessels now have permanent waiver from incidental discharge rule

December 10, 2018 — When U.S. President Donald Trump signed the Frank LoBiondo Coast Guard Authorization Act into law last week, it finally – and permanently – relieved the fishing industry from Environmental Protection Agency regulations regarding incidental discharge on their boats.

The regulation required vessel operators to get EPA permits to perform routine actions, such as using pumped ocean water to clean off the deck after harvesting. It stemmed from a 2005 federal court ruling, and the Southern Shrimp Alliance said the system was a hindrance to more than 80,000 commercial fishing boats.

“This permit requirement should never have existed,” said John Williams, SSA’s executive director. “It was lawsuit driven by environmental groups in a California court a long time ago. SSA has been working ever since with Congress and other fishing groups across the nation to put a temporary stop to it. I have to say, after working to prevent this disaster for more than a decade, it feels pretty good to finally put this one to bed, permanently.”

Read the full article at Seafood Source

House passes US Coast Guard bill with Jones Act exemption for America’s Finest

November 29, 2018 — The US House of Representatives has passed a US Coast Guard reauthorization bill that includes provisions allowing Alaska’s Amendment 80 fleet to finally gain the use of one of its newest vessels while also protecting shrimpers in the Gulf of Mexico from being fined by the Environmental Protection Agency (EPA) for cleaning off their decks.

The Frank LoBiondo Coast Guard Authorization Act of 2018, S. 140, was passed by a unanimous voice vote late Tuesday, moving the two-year, $10 billion bill named after a retiring New Jersey congressman to president Donald Trump’s desk for a signature. The action happened with just a few weeks to spare in the 115th Congress.

The legislation passed the US Senate back on Nov. 14 by a 94-6 tally, as reported by Undercurrent News.

Included in S. 140 is a long-anticipated Jones Act waiver for America’s Finest, a 264-foot catcher-processor built by Dakota Creek Industries in Anacortes, Washington, for Kirkland, Washington-based Fishermen’s Finest at a cost of about $75 million. More than 7% of the ship’s hull contains steel from the Netherlands, which violates the Jones Act requirement that US fishing vessels be made of no more than 1.5% foreign steel.

The provision, which allows Fishermen’s Finest to use the vessel to replace American No. 1, a 39-year-old, 160-foot vessel, was fought for by senator Maria Cantwell and representative Rick Larsen, both Washington state Democrats, with cooperation from senator Dan Sullivan and representative Don Young, both Alaska Republicans

Read the full story at Undercurrent News

Garden State Seafood Association Supports New Vessel Discharge Rules

November 16, 2018 — This week, after more than a decade of activism from the fishing industry, Congress has moved to alleviate a major regulatory burden on commercial fishermen. Part of this year’s Coast Guard reauthorization bill once again exempts fishing vessels from requiring a permit for incidental discharge from boats, in a return to a long-standing EPA practice.

“The reauthorization is a common-sense step by Congress that provides necessary relief to fishermen without compromising the environment or water quality,” said Greg DiDomenico, Executive Director of the Garden State Seafood Association. “Now commercial fishermen can focus on core environmental issues without having to deal with unnecessary, court-imposed restrictions.”

The issue dates to a 2006 court case, where the 9th Circuit Court of Appeals overturned EPA vessel discharge rules that had been in force since the passage of the Clean Water Act. Under the ruling, fishing vessels and other boats, regardless of size, were required to get vessel discharge permits from the EPA for routine, incidental discharges. This goes so far as to potentially include water from the fish hold, rainwater washing off the boat deck, and other minor discharges.

Notably, an incidental discharge does not include any discharges related to sewage, fuel, or ballast water. Fishing vessels are still, and have always been, required to adhere to all laws that regulate these types of discharges. The court ruling simply added a new, costly, and unnecessary layer of regulations for vessels to follow.

After years of temporary exemptions as a short-term way to address the ruling, the Coast Guard reauthorization, the “Frank LoBiondo Coast Guard Authorization Act of 2018,” finally creates a permanent solution. Fishing vessels will return to being exempt from incidental discharge requirements, and fishermen will no longer need to deal with the added expense and bureaucratic red tape that goes along with them.

“We have worked to fix this issue for our clients since 2006,” said Rick Marks, a Principal at Robertson, Monagle & Eastaugh in Reston, VA. “Despite a challenging and sustained effort it is rewarding to finally see a victory for common sense delivered by the 115th Congress. Our thanks go to those coastal Members of Congress and their staff from around the country whose persistence finally paid off for commercial fishermen everywhere.”

Learn more about the GSSA by visiting their site here

Seafood Harvesters Applaud Passage of Coast Guard Authorization Act of 2018

November 15, 2018 — The following was released by the Seafood Harvesters of America:

Today, the Senate passed the “Frank LoBiondo Coast Guard Authorization Act of 2018.” This bill updates and authorizes U.S. Coast Guard activities and provides long-sought relief for the fishing industry by providing a permanent exemption for fishing vessels from the Environmental Protection Agency’s incidental discharge regulations. It also increases the maximum length for vessels that must be maintained to class, and provides for regional and fishery specific alternative safety compliance programs to be developed.

“The passage of this bill is a breakthrough for the commercial fishing industry and it’s been a long time coming,” said Chris Brown, President of the Seafood Harvesters of America. “We are grateful to the numerous Senators who worked hard to permanently exempt fishing vessels from onerous regulations that would require us to monitor and log any water running off boat decks. We now have regulatory certainty for our businesses instead of operating under stopgap exemptions to these regulations. We applaud the Senate for passing this bill that also addresses our concerns with vessel classification and the development of the alternative safety compliance program.

The bipartisan nature of this bill is reflected in its maintenance of strong environmental protections for our nation’s waters, along with the reduction of nonsensical regulatory burdens on the commercial fishing industry. The bill effectively safeguards our waters from invasive species and provides the Great Lakes states flexibility with regards to the discharge of ballast water standards. Additionally, the bill increases the maximum length of vessels that must be maintained to vessel class standards for newly built vessels and includes language that allows alternative safety compliance programs to be developed in regional and fishery specific manners for existing vessels.

Seafood Harvesters Executive Director, Leigh Habegger, applauded the bipartisan bill, noting that the national commercial fishermen’s organization that represents over 3,900 small businesses and $1.25 billion in economic output has been pushing for enactment of a USCG reauthorization bill for five years. “Nothing unites fishermen more than the waters we navigate and the commitment we share to protect them.” Habegger said. “With the passation of this bill, fishermen are freed from the fear of having to remain tied to the docks from erroneous regulations. They can now focus on responsibly harvesting domestic seafood enjoyed by millions of consumers every day. This bill took a lot of work and we appreciate the sincere efforts and ongoing negotiations on both sides of the aisle. We look forward to working with the EPA and the Coast Guard through the implementation process.”

Judge rules EPA must protect salmon from rising water temperatures in Washington

October 29, 2018 — A U.S. Federal Court in Seattle, Washington, U.S.A. has issued a ruling that is intended to protect salmon and steelhead trout in the Columbia River basin from rising water temperatures.

In the mile-long lakes created by hydropower dams on the rivers, the water temperature has often exceeded 70 degrees Fahrenheit for days at a time, though the Clean Water Act bars the temperature in the river from exceeding 68 degrees. Cold water species such as sockeye and steelhead become stressed at temperatures over 68 degrees and stop migrating when the temperature exceeds 74 degrees.

The ruling instructs the Environmental Protection Agency to protect the species. The EPA will, within 60 days, come up with a “comprehensive plan to deal with dams’ impact on water temperature and salmon survival,” according to Columbia Riverkeeper Executive Director Brett VandenHeuvel, one of the plaintiffs of the case, which was initially filed in February 2017. Other conservation and fishermens’ groups were plaintiffs in the suit as well: Idaho Rivers United, Pacific Coast Federation of Fishermen’s Associations, Snake River Waterkeeper, and The Institute for Fisheries Resources.

Read the full story at Seafood Source

 

US Commerce Department eyes aquaculture for job creation

September 18, 2018 — Bolstering the U.S. seafood industry has been a major priority for Wilbur Ross since he became the Secretary of Commerce under U.S. President Donald Trump last year.

In speeches, he’s talked frequently of reducing the seafood trade deficit in a country where 90 percent of the fish consumed comes from foreign markets. One way he and other Commerce Department officials want to make that happen is through increasing seafood production, with aquaculture existing as a key component in that strategy.

“A strong U.S. marine aquaculture industry will serve a key role in U.S. food security and improve our trade balance with other nations,” the department said in its recent 2018-2022 Strategic Report, which focuses on increasing opportunities for aquaculture as a job creation strategy.

Aquaculture in America has floundered while the industry has boomed elsewhere. In 2015, more than 106 million metric tons of seafood were produced in marine farms. However, the U.S. accounted for just 0.4 percent of that total.

One of the reasons for that has been the regulatory process for approving fish farms in federal waters. Often aquaculture projects have been stalled because they’ve required permits from various agencies, such as the Army Corps of Engineers and the Environmental Protection Agency.

The Commerce Department wants to see a “one-stop shop” set up for the permitting process, and a bill filed earlier this year by U.S. Sen. Roger Wicker would make the National Oceanic and Atmospheric Administration, a Commerce agency that oversees the fishing industry, the lead agency for that process.

Read the full story at Seafood Source

MASSACHUSETTS: People are eating fish caught in New Bedford Harbor, survey shows

August 6, 2018 –People are eating fish they catch in New Bedford Harbor despite a public awareness campaign against it.

In a U.S. Environmental Protection Agency survey of people seen fishing in 2017, 56 people said they catch and eat fish from the inner or outer harbor, known as Areas 1 and 2. That’s 81 percent of people who were willing to answer.

For the last few years, the New England EPA office has hired local people, some bilingual or trilingual, to visit fishing spots in spring, summer and fall. They talk to people fishing from shore in New Bedford and Fairhaven, both inside and outside the hurricane barrier.

In 2017, survey workers recorded making 111 visits to 18 locations. They observed 252 people fishing and spoke with 218 people, not all of whom were fishing at the time.

Fishers reported catching a variety of species in the harbor, including scup, tautog, bluefish, striped bass and sea bass.

While not much has changed since 2016, EPA spokeswoman Kelsey Dumville said the good news is that not many people reported frequently eating fish from the most contaminated portion of the harbor, Area 1, which includes everything north of the hurricane barrier.

Read the full story at the New Bedford Standard-Times

Pruitt resigns from EPA: What is next for Pebble?

July 10, 2018 — Fireworks rippled across dark horizons around the nation on the Fourth of July in celebration of Independence Day. The following afternoon, EPA Administrator Scott Pruitt’s first foray into federal government leadership came to an end with no sparks, no bang, not even a dull thud. Rather, it came as a Tweet from the president.

Pruitt’s short term at the helm of the EPA was belabored by ongoing and mounting investigations into his spending on travel and security, and his use of the position to strike personal deals, including a job for his wife.

“The unrelenting attacks on me personally, my family, are unprecedented and have taken a sizable toll on all of us,” Pruitt reportedly wrote in his resignation letter.

The long list of potential violations also led close aides and EPA staffers to resign, and Pruitt was beginning to lose support from Republicans in Congress who had approved his nomination.

A whistleblower — who was fired from EPA in February for raising questions about Pruitt’s spending and management — reported that the agency kept a secret calendar to hide industry-related meetings.

The discovery of just such a meeting with representatives from Pebble Mine owner Northern Dynasty resulted in an immediate flip-flop of EPA’s decision to forestall the mine under the Clean Water Act.

After Pruitt’s May 1 meeting with Pebble Partnership CEO Tom Collier, Northern Dynasty published a press release on May 12 declaring that EPA had settled the lawsuit in exchange for a reversal of the agency’s 2014 decision that the mine would violate the Clean Water Act and threaten Bristol Bay’s wild salmon population.

Read the full story at National Fisherman

Mining power: EPA’s Pruitt aims to short-circuit Clean Water Act

June 29, 2018 — Three days before the deadline for public comments on the proposed Pebble Mine project  in Alaska’s Bristol Bay, Environmental Protection Agency Administrator Scott Pruitt directed his staff to create a rule limiting the agency’s ability to regulate projects under Clean Water Act guidelines.

These are the exact guidelines that commercial fishermen and local tribes urged Obama-administration EPA officials to invoke to protect Bristol Bay, Alaska’s salmon gold mine.

In a memo dated Tuesday, June 26, Pruitt directed the EPA’s Office of Water to submit the following changes, at minimum, to the Office of Management and Budget within the next six months:

• Eliminating the authority to initiate the section 404(c) process before a section 404 permit application has been filed with the Corps or a state, otherwise known as the “preemptive veto.”

• Eliminating the authority to initiate the section 404(c) process after a permit has been issued by the Corps or a state, otherwise known as the “retroactive veto.”

• Requiring a regional administrator to obtain approval from EPA Headquarters before initiating the section 404(c) process.

• Requiring a regional administrator to review and consider the findings of a final Environmental Assessment or environmental impact statement by the Corps or a state before preparing and publishing notice of a proposed determination.

Read the full story at National Fisherman

Pointing at Pebble, EPA leader looks to rein in agency’s veto power

June 28, 2018 — In a sweeping memo released today, EPA administrator Scott Pruitt asked the agency to propose changes to how it uses the Clean Water Act.

In the memo, Pruitt wrote that the action would fit in with his larger aim to “ensure predictability and regulatory certainty and take actions based upon a comprehensive understanding of the facts.”

The proposal would eliminate EPA’s ability to preemptively or retroactively veto permits for waste discharge in waterways, restricting the agency’s ability to step in and regulate large projects. However, the proposal is far from final.

Under the Obama administration, EPA used its authority under Section 404(c) of the Clean Water Act to propose restrictions on the Pebble Mine before the developer applied for a permit with the U.S. Army Corps of Engineers.

That essentially halted the controversial project until last year, when EPA reached a settlement with Pebble under the Trump administration. Then in January, Pruitt suspended the agency’s move to reconsider the Obama-era proposal, saying Pebble may pose an “unacceptable” risk to Bristol Bay, home to one of the most valuable salmon fisheries in the world.

Read the full story at Alaska Public Media