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Maine lobster industry fights lawsuit that aims to shut down fishery

March 18, 2022 — While Maine’s lobster industry has been fighting an offensive legal battle against impending rules to protect endangered North Atlantic right whales, it also is playing defense in a case brought by environmentalists that seeks to shut down the lobster fishery entirely.

Lobster industry groups are intervening in a case brought in Washington, D.C.’s U.S. District Court by the Center for Biological Diversity and other plaintiffs that argues the new federal restrictions aren’t adequate, and that the fishery’s continued operation poses an existential threat to the whales.

The plaintiffs in that case, Center for Biological Diversity v. (U.S. Commerce Secretary) Gina Raimondo, are asking the court to vacate a National Marine Fisheries Service “biological opinion” that serves as the basis for the new restrictions and conservation plan, saying they don’t go far enough to meet the requirements of the Endangered Species Act and Marine Mammal Protection Act.

Lawyers for the lobster industry recently filed a legal brief arguing that the environmental groups are misreading the two laws and attempting to force the state’s lobster fishery under federal jurisdiction.

Read the full story at the Portland Press Herald

MAINE: Sen. Collins continues efforts to support Maine lobster industry

February 10, 2022 — U.S. Sen. Susan Collins (R-ME) recently joined a bipartisan, bicameral effort with several Maine lawmakers to continue advocating for their home state’s lobstermen and women, who are working to meet new federal requirements by May 1 that are expected to increase their financial losses.

The lawmakers expressed “renewed urgency” in requesting a delay in the National Marine Fisheries Service’s (NMFS) implementation of the new Atlantic Large Whale Take Reduction Plan final rule, which requires U.S. lobster and Jonah crab fisheries to modify their gear by May 1, according to a Feb. 7 letter they sent to U.S. Commerce Secretary Gina Raimondo.

“The economic harm imposed by the gear conversion deadline will be severe, and the scarcity of required gear is making it difficult — if not impossible — for lobstermen to achieve timely compliance,” wrote Sen. Collins and her Maine colleagues, who included U.S. Sen. Angus King (I-ME), U.S. Reps. Chellie Pingree (D-ME) and Jared Golden (D-ME), and Maine Gov. Janet Mills (D).

Read the full story at the Ripon Advance

Rep. Graves Asks Commerce For Expedited Fishery Disaster Determination

February 7, 2022 — A recently released report detailing infrastructure, revenue and resource loss to Louisiana Fisheries have prompted a Louisiana Congressmen to ask the Department of Commerce (DOC) to expedite a Fishery Disaster Determination due to major damage related to impacts of Hurricanes Laura, Delta, Zeta and especially Ida.

Congressman Garret Graves request to to Commerce Secretary Gina Raimondo comes after a recent economic assessment verified the devastating impact to the state’s fishing communities.

The recently released report by Louisiana Sea Grant and the Louisiana Department of Wildlife and Fisheries documents extreme damage and loss of revenue over all five sectors of the industry; commercial fishermen, recreational fishing, docks, processors and marinas.

The report and supporting analysis not only confirmed the importance of the state’s fishing industry but also the massive impact of the storms. It demonstrated more than 8,500 businesses were impacted, resulting in $305 million in damage to fisheries infrastructures such as marinas, docks, seafood processors, and dealers. Combined with an additional $118 million in resource loss and $155 million revenue loss, the total estimated impact is estimated at $579 million.

Read the full story at Gulf Seafood News

NOAA Fisheries Denies Petition For Emergency Action on Bering Sea Salmon Bycatch

February 2, 2022 — Four days after the Secretary of Commerce Gina Raimondo approved eight fisheries in Alaska for official disaster determinations, including the 2020 Kuskokwim River salmon fishery and the 2020 and 2021 Yukon River salmon fisheries, NOAA Fisheries Assistant Administrator Janet Coit denied a petition for emergency action to lower the number of salmon caught incidentally in the Bering Sea.

The petitioners — the Association of Village Council Presidents, the Bering Sea Elders Group, Kawerak, Inc., the Kuskokwim River Inter-Tribal Fish Commission and the Yukon River Inter-Tribal Fish Commission, representing over 118 Alaska Tribes — saw significant salmon declines both years. The Yukon was particularly hard hit: the fishery had its lowest runs ever last summer. The commercial fishery remained closed. Yukon River families were not allowed to fish for subsistence salmon.

Th petition asked Raimondo for emergency action to eliminate Chinook salmon bycatch and set a cap on chum salmon bycatch in the Bering Sea pollock trawl fishery in the 2022 season.

Coits letter of denial reached them a few days after news of the fishery disaster approvals was reported, opening the door for relief funds. Responding to the disaster declaration, which was requested by Alaska Governor Mike Dunleavy, the state’s Congressional delegation issued a joint written statement that the federal funds could help compensate “crews, seafood processors, and research initiatives in the impacted regions.”

Read the full story at Seafood News

Federal disasters declared for 14 Alaska fisheries

January 26, 2022 — Fourteen Alaska fisheries have been declared federal disasters by the U.S. Secretary of Commerce. Gina Raimondo issued the declarations last Friday, and the announcement could lead to federal funding for fishermen.

The disaster declarations include the 2020 Kuskokwim River salmon fishery and the 2020 and 2021 Yukon River salmon fisheries. These fisheries saw significant salmon declines both years, with the Yukon salmon fishery seeing its lowest runs ever in the summer of 2021. Yukon River families were not allowed to fish for subsistence, and the commercial fishery remained closed.

Executive director for the Yukon River Drainage Fisheries Association, Serena Fitka, helped lead a group of Yukon River tribal and fishing organizations to campaign for the Yukon disaster declarations.

“I give the credit to the Yukon River communities, everyone that pulled together to make their voices heard that we are in crisis mode right now,” Fitka said.

Read the full story at KTOO

Disaster declarations approved for Alaska fisheries

January 21, 2022 — U.S. Commerce Secretary Gina Raimondo announced Friday, 21 January, 2022, her office has approved disaster declarations for eight Alaska fisheries.

The rulings means those fisheries are now eligible to federal assistance through NOAA. No funding total was mentioned in the NOAA release, with the amounts to be determined at a later date.

Read the full story at SeafoodSource

Feds declare East Coast herring fishery a disaster

November 24, 2021 — US. Secretary of Commerce Gina Raimondo announced a disaster declaration for the 2019 Atlantic herring fishery on Monday, Nov. 22.

“With this determination, we proudly support our fishing industry and will work with the affected communities to help them get back on track,” said Raimondo. “Resilient and sustainable fisheries are not only essential to our coastal communities, but play a vital role in supporting our blue economy and our nation’s overall economic wellbeing.”

The herring fishery historically supplied the bulk of the bait for the Northeast lobster fishery. In 2019, NMFS announced a 70 percent reduction in the catch quota, which left fishermen and bait suppliers scrambling for alternatives. The most complicating factor being that all bait species and types must be approved by NMFS. The herring fishery is based primarily in Maine and Massachusetts.

Read the full story at National Fisherman

 

Secretary of Commerce issues fishery disaster determination for the 2019 Atlantic herring fishery

November 22, 2021 — The following was released by NOAA:

U.S. Secretary of Commerce Gina M. Raimondo announced today her determination, at the request of several Northeastern states, that a fishery disaster occurred for the 2019 Atlantic herring fishery.

“Fishery disasters don’t just impact local communities—they ripple out into the broader economy impacting consumers and businesses far beyond the coast,” said Secretary Raimondo. “Resilient and sustainable fisheries are not only essential to our coastal communities, but play a vital role in supporting our blue economy and our nation’s overall economic wellbeing. With this determination, we proudly support our fishing industry and will work with the affected communities to help them get back on track.”

To reach a determination, the U.S. Secretary of Commerce works with NOAA Fisheries to evaluate the fishery disaster requests based primarily on data submitted by the requesting states. Fishery disasters must meet specific requirements under the Magnuson-Stevens Fishery Conservation and Management Act and/or the Interjurisdictional Fisheries Act, such as causing economic impacts to a commercial fishery and declines in fishery access or available catch resulting from specific allowable causes.

Positive determinations make this fishery eligible for disaster assistance from NOAA. Some fishery-related businesses impacted by this fishery disaster may also qualify for certain Small Business Administration loans. The allocation of funds will be determined in the near future.

The Secretary has received additional requests for fishery disaster determinations from several other states and Tribes. NOAA Fisheries is currently working with the requesters to finalize those evaluations.

Learn more about fishery disaster assistance.

2019 US Atlantic herring fishery declared “disaster”

November 22, 2021 — NOAA announced on 22 November that U.S. Secretary of Commerce Gina Raimondo declared the 2019 Atlantic herring fishery a “fishery disaster.”

A fishery disaster determination brings with it funding that would help the industry in the region. Disaster declarations have in the past gone to regions that have been hit with sudden impacts to livelihoods – like the funding that went to Gulf of Mexico fishers in the wake of impacts caused by the opening of the Bonnet Carre Spillway.

Read the full story at SeafoodSource

Alaskan Fishermen Sue NMFS, Department of Commerce Over Cook Inlet Salmon Fishery Closure

November 15, 2021 — A trio of Alaskan fishermen has sued the National Marine Fisheries Service (NFMS)’s Assistant Administrator Janet Coit and Secretary of Commerce Gina Raimondo for a recently announced rule change that will close commercial salmon fishing in the federal waters of Cook Inlet, as SeafoodNews covered on November 4.

The fishermen, Wes Humbyrd, Robert Wolfe and Dan Anderson, argue that the rule, which implemented Amendment 14 to the Fishery Management Plan for the Salmon Fisheries in the Exclusive Economic Zone Off Alaska (Salmon FMP), was unconstitutional.

“This casually destructive rule must be vacated, however, because it violates the Constitution’s Appointments Clause and Take Care Clause. These “essential” structural provisions of the Constitution are accountability-preserving mechanisms,” the complaint from the fishermen wrote. “Their basic function is to ensure presidential control over the agents who exercise executive power on his behalf.

Read the full story at Seafood News

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