Saving Seafood

New England States Fear Increased Mercury Contamination As EPA Considers Weakening Rules

December 18, 2018 — Scientists are speaking out about what they say have been “remarkable improvements” in curbing mercury emissions under Obama-era regulations that are now under threat by the Trump administration.

Mercury is a toxic chemical most commonly associated with coal-burning power plants. Because they are downwind from coal-burning states, Maine and the rest of New England have traditionally had higher-than-average rates of mercury contamination, and scientists say a proposal to weaken emission rules could impede progress.

The coal industry considers the 2011 Mercury and Air Toxics Standards, known as MATS, the most expensive air pollution regulation ever implemented and responsible for the closure of dozens of coal plants around the country. Acting Environmental Protection Agency administrator Andrew Wheeler is a former coal lobbyist, and now the EPA is proposing to weaken MATS by heavily weighing costs to the industry.

The EPA maintains that the Obama administration was indifferent toward that side of the equation. But scientists say the agency is downplaying the health and environmental benefits of the rule across the country.

“The reductions in emissions of mercury in the U.S. since 2006 have decreased about 85 percent,” says Dr. Charlie Driscoll, a professor at Syracuse University who spoke to reporters in a teleconference on Monday.

Most of the emissions Driscoll’s referring to came from coal-fired power plants, and he says much of the reason for their reduction can be attributed to the MATS rules.

“We’ve seen decreases in mercury in air, in atmospheric deposition, in water, in soil and we’ve seen declines in both freshwater fisheries in the U.S. in mercury as well as marine fisheries in the Atlantic Ocean,” he says.

Mercury is a neurotoxin that is especially harmful to children and developing fetuses, which is why the Maine Bureau of Health has a freshwater fish consumption advisory for pregnant women, nursing mothers and kids under 8.

Read the full story at Maine Public

Fishing industry wins EPA exemption for deck wash

December 11, 2018 — Gloucester fishermen and their contemporaries across the nation, following years of uncertainty, finally caught a break in the new federal law regulating incidental deck discharges from fishing vessels.

A provision within the new Vessel Incidental Discharge Act, signed into law last week by President Donald Trump as part of an omnibus Coast Guard bill, exempts commercial fishing vessels of all sizes and other vessels up to 79 feet in length from having to obtain a permit from the Environmental Protection Agency to cover incidental deck wash.

“Specifically, discharges incidental to the normal operation, except for ballast water, from small vessels (i.e., less than 79 feet in length) and commercial fishing vessels of all sizes no longer require National Pollutant Discharge Elimination System permit coverage,” the EPA said in its statement about the new law. “Thus, permit coverage for any vessel covered under the (Small Vessel General Permit) is automatically terminated.”

Commercial fishermen have operated under a series of temporary exemptions since the initial regulations were enacted in 2009 for commercial non-fishing vessels. But if forced to comply with the existing regulations, fishing vessels larger than 79 feet would have faced regulations dealing with 27 different types of discharges — including routine discharges such as deck wash, fish hold effluent and greywater.

The permanent exemption, according to industry stakeholders, removes an impediment that might have economically sunk commercial fishing nationwide.

“It could have killed the industry,” said Vito Giacalone, policy director for the Gloucester-based Northeast Seafood Coalition, which worked with Washington-based consultant Glenn Delaney to help build a network of commercial fishing interests to change to obtain the permanent exemption. “It’s been a ticking time bomb for the entire fishing industry in the U.S. This is such a game-changer.”

Read the full story at the Gloucester Daily Times

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

U.S. Fishing Vessels May Soon Be Exempt from Ballast Water Rules

November 23, 2018 — The U.S. Senate has passed the Coast Guard Authorization Act of 2018, and the final text includes several amendments of note for commercial operators – like a permanent Vessel General Permit exemption for fishing vessels.

The Act includes a repeal of the EPA’s Small Vessel General Permit (sVGP) program for boats under 79 feet. In addition, it exempts any and all fishing vessels, fish processing vessels and fish tenders from the regulation of discharges incidental to normal operation. This discharge category includes gray water, bilge water, cooling water, weather deck runoff, stern tube lubricant leakage, OWS effluent and – notably – ballast water.

The new legislation will provide regulatory relief for American factory trawlers and fish processing ships, the largest of which measures 680 feet in length and 19,000 deadweight tonnes. These vessels would normally be subject to VGP requirements – including ballast water management rules – if classified as ordinary commercial vessels.

“[The Act] will provide Alaska’s fishermen with a long sought peace of mind from the threat of federal regulation. While this issue has taken over a decade to resolve– with a series of 11th hour, temporary extensions over the years – I’m pleased to see Congress provide Alaska’s fishermen with a permanent exemption from these over burdensome regulations,” said Senator Dan Sullivan (R-AK) in a statement.

Read the full story at Maritime Executive

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

 

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

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