Saving Seafood

EPA Chief Recused From Bristol Bay Mine That His Former Law Firm Represented

March 26, 2019 — EPA Administrator Andrew Wheeler is formally recusing himself from agency reviews and permitting decisions on a proposed gold and copper mine near Alaska’s Bristol Bay amid criticism his former law firm represented the developer.

Wheeler promised to steer clear of matters involving the controversial Pebble Mine in an updated March 20 recusal statement, two years after his former employer, Faegre Baker Daniels LLP, had arranged a meeting between former EPA chief Scott Pruitt and project developer Pebble LP.

Weeks after that 2017 meeting, Pruitt moved to withdraw proposed mining restrictions that would make it difficult, if not impossible, for the project to secure an essential Clean Water Act permit. Although Pruitt later backtracked, business groups have recently lobbied the EPA to toss out the five-year-old restrictions, arguing they preemptively block a project that would sustain jobs and extract at least 6.5 billion tons of known minerals. Environmentalists counter that the proposed mine jeopardizes a thriving salmon fishery.

Wheeler cast his decision as a “voluntary recusal” since he never provided services to a Faegre Baker Daniels client on the Pebble Mine and government advisers have said the move isn’t necessary to fulfill federal ethics rules. Wheeler said his recusal would last as long as he leads the Environmental Protection Agency. In the meantime, Wheeler has delegated Pebble issues to EPA General Counsel Matthew Leopold.

The Environmental Protection Agency could still move to lift the restrictions, without Wheeler’s involvement. And in the meantime, the Army Corps of Engineers is taking public comment on a draft environmental impact statement analyzing the mine.

Read the full story at Bloomberg

NEW JERSEY: The Swap-a-Fish Program That Traded Tilapia for Seafood Contaminated By Agent Orange

March 18, 2019 — AS IT GLINTS IN THE afternoon sunlight, Newark, New Jersey’s Passaic River looks peaceful. But a plaque along the boardwalk has a warning for visitors. “The river remains full of life,” it reads. “Try to spot these creatures, but until the pollution is removed from the river, be careful NEVER to catch or eat any of them.”

There’s been an advisory against eating lower Passaic fish since 1983, when the EPA found they were contaminated with dioxin—chemical waste from local factories, including one that produced Agent Orange, an herbicide the U.S. military used to devastating effect in the Vietnam War. Despite health risks ranging from cancer to developmental issues, people still catch and eat fish from the lower Passaic River.

Researchers don’t know precisely how many people consume fish from the lower Passaic. Elias Rodriguez, an Environmental Protection Agency Public Information Officer, says the EPA hasn’t seen evidence of widespread fishing. According to preliminary results of an ongoing study conducted by the NYU School of Public Health’s Zelikoff Lab, those who do fish the Passaic—including several homeless people who use it as a regular food source—are often food insecure and looking to supplement their diet. Research has shown that low-income anglers are more likely to consume their catches, and Latino anglers are less likely to be informed of the health risk.

Amy Rowe, County Agent at the Rutgers Cooperative Extension of Essex County, says that the vulnerability of populations who fish in the Passaic makes the problem particularly difficult to tackle. But in 2015, Rowe and her team implemented a novel solution: a fish swap.

Read the full story at Atlas Obscura

Trump administration makes another bid to slash Chesapeake cleanup funds

March 14, 2019 — The Trump administration has once again called for deep cuts in federal funding for the Chesapeake Bay cleanup, despite failing twice before to convince Congress to approve similar proposals.

The Trump administration has proposed slashing funds for the Chesapeake Bay restoration. Congress has rejected similar proposals for the past two years.

The move, announced Monday, drew immediate criticism from environmentalists and vows from lawmakers to maintain or even increase spending on the long-running restoration effort.

The fiscal year 2020 budget released by the White House would provide $7.3 million to the U.S. Environmental Protection Agency for the Chesapeake Bay Program. That represents a 90 percent reduction from this year’s funding level of $73 million.

Read the full story at the Bay Journal 

Federal Shutdown Halts Some Environmental Conservation Efforts, Slows Others

January 9, 2019 — Federal researchers in western Massachusetts study ways to protect migrating fish, backyard birds and urban trees. The government shutdown is keeping them home and away from their research.

The researchers work for agencies like the USDA Forest Service and the U.S. Geological Survey.

Curt Griffin heads the UMass Amherst Department of Environmental Conservation, where some of the scientists are based.

“It’s a very, very unfortunate event that our federal colleagues are caught up in this mess,” Griffin said. “And it’s not fair to them. It’s not fair to the public that they provide important services to. So it’s just a very broken system, and they’re caught in the middle.”

Read the full story at New England Public Radio

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