Saving Seafood

KIMBERLY STRASSEL: Barack Obama’s Midnight Regulation Express

December 23, 2016 — The technical definition of a midnight regulation is one issued between Election Day and the inauguration of a new president. The practice is bipartisan. George W. Bush, despite having promised not to do so, pushed through a fair number of rules in his final months. But Jimmy Carter and Bill Clinton were more aggressive, and Mr. Obama is making them look like pikers.

Mr. Obama has devoted his last year to ramming through controversial and far-reaching rules. Whether it was born of a desire to lay groundwork for a Clinton presidency, or as a guard against a Trump White House, the motive makes no difference. According to a Politico story of nearly a year ago, the administration had some 4,000 regulations in the works for Mr. Obama’s last year. They included smaller rules on workplace hazards, gun sellers, nutrition labels and energy efficiency, as well as giant regulations (costing billions) on retirement advice and overtime pay.

Since the election Mr. Obama has broken with all precedent by issuing rules that would be astonishing at any moment and are downright obnoxious at this point. This past week we learned of several sweeping new rules from the Interior Department and the Environmental Protection Agency, including regs on methane on public lands (cost: $2.4 billion); a new anti-coal rule related to streams ($1.2 billion) and renewable fuel standards ($1.5 billion).

This follows Mr. Obama’s extraordinary announcement that he will invoke a dusty old law to place nearly all of the Arctic Ocean, and much of the Atlantic Ocean, off limits to oil or gas drilling. This follows his highly politicized move to shut down the Dakota Access pipeline in North Dakota. And it comes amid reports the administration is rushing to implement last-minute rules on commodities speculation, immigrant workers and for-profit colleges—among others.

Any action that is rushed is likely to be shoddy, especially if it’s from the federal government. The point is for Mr. Obama to have his way and to swamp the Trump administration with a dizzying array of new rules to have to undo. That diverts manpower from bigger and better priorities.

Read the full story at The Wall Street Journal 

Ohio Gov. John Kasich to meet with N.H. fishermen

January 5, 2016 — SEABROOK, N.H. — Republican presidential candidate John Kasich will meet with New Hampshire fishermen Friday to discuss federal regulations some say will kill the Granite State’s fishing industry.

The Ohio governor will meet privately with commercial and recreational fishermen and industry members from 3 to 4 p.m. at Yankee Fisherman’s Cooperative after he holds a noon town hall event at the Lane Memorial Library in Hampton.

Ellen Goethel, a Hampton marine biologist and wife of Hampton commercial fisherman David Goethel, said in an email that the local fishing industry is not endorsing any particular candidate.

Read the full story at Portsmouth Herald

Georges Bank drilling moratorium extended by Nova Scotia government

November 26, 2015 — The Nova Scotia government is extending the Georges Bank moratorium on oil and gas exploration and drilling.

The fishing bank has been off limits since 1988. This extends the protection until at least 2022. Ottawa passed a similar protection bill last June. Such exploration comes under the joint jurisdiction of the provinces and federal government.

BP and Chevron have drilling and exploration rights in the region, but will remain unable to use those leases.

Two parcels just outside the exclusion boundary and buffer zone have recently been granted to Statoil Canada Ltd., a Norwegian-based oil and gas company. It has promised to spend $82 million exploring the two properties.

Read the full story at CBC News

Atlantic Striped Bass Fishing in the EEZ: Restrictions Support Sustainability of Species

November 12, 2015 — The following was released by the NOAA Fisheries Office of Law Enforcement:

In an effort to ensure the healthy population of the striped bass in the Mid-Atlantic region, NOAA’s Office of Law Enforcement (OLE) is raising awareness of the federal regulations governing striped bass in the Exclusive Economic Zone (EEZ) and increasing targeted enforcement efforts to protect the species from illegal poaching activities.

“Right now, the striped bass are beginning to migrate south from the northern states,” said Lt. Wynn Carney, OLE supervisory enforcement officer. “The striped bass will follow the bait south near the mouth of the Chesapeake Bay, and in spring they will begin making their way up our streams and rivers to lay eggs.” 

According to the Atlantic States Marine Fisheries Commission, overfishing and poor environmental conditions lead to the collapse of the Atlantic striped bass fishery in the 1980s.

In order to ensure the sustainability of the species, the Atlantic Coastal Fisheries Cooperative Management Act, found in Title 50 of the Code of Federal Regulations part 697.7, was promulgated. Thus, during the months of November through February, NOAA Office of Law Enforcement is joining state and federal marine law enforcement organizations in supporting a focused enforcement effort, targeting vessels retaining and fishing for striped bass in the EEZ. Marine law enforcement officers, including OLE and the U.S. Coast Guard, in the Mid-Atlantic will be ticketing fishermen who violate these regulations and who target striped bass within the EEZ.

“I am excited about the Mid-Atlantic States conducting a focused enforcement effort,” said Carney. “It’s significant that we’re working together toward a common goal.”

For maximum enforcement, officers will be conducting at-sea, aerial, and dock-side inspections.

For more information, call your local OLE field office or visit http://www.asmfc.org/species/atlantic-striped-bass.

NILS E. STOLPE: FishNet-USA/Who’s really in charge of U.S. fisheries?

September 14, 2015 — An Oligarchy is defined as “a country, business, etc., that is controlled by a small group of people” 

Ancient City Shrimp is an eight minute YouTube video (https://www.youtube.com/watch?v=WepRokGO8d8) produced by the St. Augustine Lighthouse Museum that examines St. Augustine’s past as one of several centers of commercial shrimping in Florida.

Unfortunately – or perhaps tragically is a better fit – Florida’s shrimp fleet is only a shadow of what it once was. One of the reasons for this is the imposition of unrealistic regulations on U.S. shrimpers that has made the fishery much less profitable than it used to be.

The video’s producers don’t really focus on this as one of the reasons for this decline, rather emphasizing the impacts of cheaper – and generally inferior – shrimp from abroad. This is understandable. You can only cover so much ground in a short video. Opening the can of worms that fishery regulation in the Southeast has become is a guarantee of complication and controversy, things which few museums would willingly get involved in.

In spite of a really good job overall I found part of the final narration troubling. Almost at the end (7 minutes and 50 seconds or so in) the narrator in his wrap-up states “while we can’t change federal regulations we can change our purchasing habits. Demand local shrimp(my emphasis added).” He’s on target with the “demand local shrimp” but it’s hard to imagine anything more antithetical to the principles that our country was founded upon than his acceptance of the idea that we can’t, or that we shouldn’t, change federal regulations.

While it seems unlikely, apparently he missed out on any exposure to or consideration of the words “government of the people, by the people, for the people, shall not perish from the Earth.”

As close to immortal as any words spoken in the last half a millennium, they are from Abraham Lincoln’s Gettysburg Address. In a commemoration of the sacrifices of Union soldiers in the battle of Gettysburg, on November 19, 1863, President Lincoln expressed what governance in the United States was all about. To repeat those words, “government of the people, by the people, for the people.”

It kind of makes you wonder how the documentarians who put together Ancient City Shrimp became convinced that we (the people, I presume, as in the U.S. Citizenry) can’t or shouldn’t change federal regulations. One possibility is that they weren’t aware that Aldous Huxley’s 1984 was a work of fiction. Another would be that they have been exposed to the bottomless morass that federal fisheries management has been turned into.

A history lesson or two

Back in 1976 (this was before the existence of a multi-billion dollar environmental industry so thankfully they weren’t there ti impede the process) the Magnuson-Stevens Act became law. It brought fishing in the U.S. Exclusive Economic Zone under federal control and established a management regime that would eventually phase out virtually all foreign commercial fishing in U.S. waters.

It was generally agreed that one of the strongest features of the Act was the determination that fishermen were an integral part of the federal fishery management process. This was achieved by mandating that fishermen were voting members on each regional Fishery Management Council.

This was in recognition of a number of factors that the public, or at least the majority of the involved politicians and bureaucrats, have subsequently turned – or been turned – away from. Among these were the relative lack of knowledge of our fisheries and what affects them, the value to fisheries managers of the knowledge that has been accumulated by a multigenerational fishing industry over many years, and the belief in and the commitment of fishermen to the long term sustainability of the fisheries they participate in.

Read the full op-ed at FisheryNation.com

HARTFORD COURANT: Cost of Outdated Rules? Millions Of Dead Fish

September 21, 2015 — This is utterly crazy. Hundreds of thousands — perhaps even millions — of pounds of edible and valuable fish are being wasted every year, thrown overboard from commercial fishing boats off the Connecticut coast, due to long-outdated federal regulations that have not kept up with a changing climate and shifting fish populations.

The problem, as The Courant’s Gregory Hladky has reported, is that catch quotas for some species are based on where the fish were when regulations were created decades ago, not where they are today.

Take, for example, summer flounder or fluke. Catch quotas to protect and rebuild the species were set in 1990, based on data gathered in the 1980s. The concentration or biomass of the species was then off the mid-Atlantic coast, so North Carolina and Virginia fishermen got large quotas, 30 percent and 20 percent respectively, while Connecticut got 2.25 percent.

So too with black sea bass, for which Connecticut fishermen are limited to 1 percent of the commercial catch, about 22,000 pounds of black sea bass this year, while boats from North Carolina get to 11 percent of the total and Virginia fishermen get 20 percent.

Read the full editorial at Hartford Courant