Saving Seafood

Hawaii Longline Leader Testifies on Ways to Strengthen the MSA

July 27, 2017 — SEAFOOD NEWS — A Hawaii fishing industry leader made three suggestions to the House Natural Resources Committee’s Subcommittee on Water, Power and Oceans during a hearing last week on “Exploring the Successes and Challenges of the Magnuson-Stevens Act.” The hearing was designed to continue discussions relevant to MSA reform and consider current draft legislation.

Hawaii Longline Association President Sean Martin, one of four invited witnesses, said overall the MSA is working well, but the Hawaii seafood industry is facing problems related to national monuments created under the Antiquities Act, Endangered Species Act issues and more.

“The MSA is a success and should be the principal source of authority for management of U.S. fisheries,” Martin said in his testimony. “Overfished stocks have been rebuilt, and few stocks are now overfished. Management measures are precautionary and based on the best scientific information available. The regional fishery management councils provide regional fishing expertise and utilize an effective bottom-up decision making process that includes the fishing industry. The MSA also requires the evaluation of impacts on fish stocks as well as fishermen and fishing communities.”

However, the 140 active vessels in the longline fleet, which lands roughly $100 million worth of tuna and other highly migratory fish annually, is struggling with access to fishing grounds.

“We operate in a very competitive arena, both for fishing grounds in international waters and for the U.S. domestic market. The recent marine monument designations established under the Antiquities Act prohibits us from fishing in 51 percent of the US Exclusive Economic Zone in the Western Pacific region,” Martin said. “Access to the high seas is also being challenged by recent United Nations initiatives. Closure of US waters and the high seas hurts us, reducing our ability to compete and increasing the vulnerability of our markets to foreign takeover.”

Martin said the longliners have worked with NMFS and the Western Pacific Regional Fishery Management Council for more than 25 years to ensure sound fishery data would be used in stock assessments and regulations. They have collaborated on research such as gear modifications to protect sea turtles, seabirds and marine mammals.

“We are proud of our efforts and the Hawaii longline fishery is an iconic, internationally recognized model fishery. It is the most highly monitored, strictly regulated longline fishery in the Pacific,” he said.

With that, Martin suggested three things to help make the MSA stronger:

  1. Manage U.S. ocean fisheries through the MSA process;
  2. Strengthen support for U.S. fisheries in the international arena; and
  3. Simplify the MSA regulatory process.

“In recent years, the management of fisheries covered by the MSA has been circumvented by other statutes and authorities,” Martin said regarding using the MSA process for managing ocean fisheries. “This includes the Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, National Marine Sanctuaries Act, and the Antiquities Act. These acts do not require the same level of public consultation and transparency as compared to the MSA.

“For our fishery, the biggest gains in protection have been achieved through the Council process. For example, sea turtle and seabird interactions were reduced by 90 percent as a result of industry cooperative research and Council developed regulations. In HLA’s view, fisheries should be managed primarily through the fishery management councils under the MSA. This ensures a transparent, public, and science-based process which allows the fishing industry and stakeholders to be consulted. It provides that analyses of impacts to fishery dependent communities are considered, and prevents regulations that might otherwise be duplicative, unenforceable, or contradictory.

“Past administrations have established huge national marine monuments in the Pacific totaling more than 760 million acres of U.S. waters under the Antiquities Act of 1906. In our view, marine monument designations were politically motivated and addressed non-existing problems. Fisheries operating in these areas were sustainably managed for several decades under the MSA and the Western Pacific Council. There was no serious attempt to work with the fishing industry in the designations of these marine monuments. Public input was minimal.”

Regarding support for U.S. fisheries in the international arena, Martin said, “In 2016, Congress enacted ‘Amendments to the Western and Central Pacific Fisheries Convention Implementation Act’ (16U.S.C. 6901 et seq.). The amendments direct the Secretaries of Commerce and State to seek to minimize any disadvantage to U.S. fisheries relative to other fisheries of the region and to maximize U.S. fisheries’ harvest of fish in the Convention Area.

“The amendments are intended to level the playing field between
U.S. and foreign fisheries. U.S. fisheries managed under the MSA are sustainable, yet they are often disadvantaged within international fisheries commissions. U.S. fishing interests require strong U.S. government negotiators to advocate and support U.S. fisheries.

“For example, the Hawaii longline bigeye quota has been reduced to 3,345 metric tonnes (mt), while quotas for other countries have not been reduced (e.g. Indonesia). The WCPFC-imposed quotas are based on historical catch and do not match current fishing capacity. For example, Japan has a bigeye quota of nearly 17,000 mt, but only catches around 11,000 mt. China has been expanding its longline fleet from about 100 vessels in 2001 to over 430 vessels in 2015, and has a bigeye quota of around 7,000 mt. Our fleet has been limited to 164 permits since 1991. China is continuing to expand its longline fisheries and supplying US markets with poorly monitored seafood.”

Lastly, Martin hit on another problem faced by several industry groups around the country, not just in Hawaii: Simplifying the MSA regulatory process. The National Environmental Policy Act has caused delays and duplications in several regions.

“HLA supports the regional councils’ efforts to achieve a more streamlined process for approval of regulatory actions,” Martin testified. “A fishery management plan document from a regional council typically contains a full discussion of impacts on the fisheries, on the fish stocks, and on associated species (e.g., endangered species, marine mammals, seabirds, etc.).

“The National Environmental Policy Act requires duplicative evaluation and incongruent public comment periods. The analytical duplication between the MSA and NEPA is unnecessary, delays needed actions, has a high cost, and provides more avenues for legal challenges and delays on non-MSA grounds. Also, it is often very confusing to the industry with regard to timing and where we should apply our input in the process.”

Martin said the longline association recommends amending the MSA to authorize a single analytical document for any proposed regulatory action that will streamline the process, eliminate duplication and allow for more meaningful industry input.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

Committee Calls for Improved Science, Local Flexibility and Regulatory Certainty in Magnuson-Stevens

July 19, 2017 — The following was released by the House Committee on Natural Resources:

Today, the Subcommittee on Water, Power and Oceans held a hearing examining the successes and needed updates to the Magnuson-Stevens Act (MSA). Passed in 1976, MSA is the primary law governing fisheries in federal waters.

The law requires federal fishery managers to impose an annual catch limit on both commercial and recreational fisheries. Critics of this system argue that it represents deficient science, disproportionately hurts the recreational industry and is unnecessarily inflexible.

“Management of the recreational sector under strict annual catch limits generates devastating socioeconomic effects and is highly unreasonable due to the insufficiency of the recreational data collection system.” Director of the Florida Fish and Wildlife Service Nick Wiley stated. “[It] is truly a square peg in a round hole causing high levels of frustration.”

“Sometimes the ‘best science available’ is no science at all, and that’s what hurts us,” Congressman Don Yong (R-AK) said.

“Many of the issues faced by our commercial and recreational anglers could be alleviated if sound science was actually being applied,” Chairman Rob Bishop (R-UT) added. “I have faith that the new administration will do just that.”

MSA also requires that overfished species be rebuilt within ten years. The industry has generally condemned this provision as arbitrary and harmful to both fisheries and the many communities that rely on them.

“The result has been that a founding principle of the Act has been eroded to the extent where we have lost our collective ability to ‘achieve optimum yield on a continuing basis’ in our region,” Lund’s Fisheries, Inc. Jeff Kaelin stated.

Uncertainty has plagued many fisheries due to duplicative and ill-suited regulations from a host of environmental statutes and, more recently, capricious and disruptive marine monument designations acted upon through executive fiat.

“In our view marine monument designations were politically motivated and addressed non-existing problems,” President of the Hawaii Longline Association Sean Martin said. “Fisheries operating in these areas were sustainably managed for several decades under the MSA and the Western Pacific Council. There was no serious attempt to work with the fishing industry in the designations of these monuments.”

“I may not live in a coastal community, however – like many of my colleagues – I have constituents that want fresh, sustainable, U.S. caught seafood on their dinner plates,” Subcommittee Chairman Doug Lamborn (R-CO) said. “[W]e can maintain sustainability while also increasing access to our waters for all. We can strike a balance and it is incumbent on us to do so.”

Click here to view full witness testimony.

Read the full release here

National Coalition for Fishing Communities Members Testify on Magnuson-Stevens Act

WASHINGTON (Saving Seafood) – June 19, 2017 – Two members of Saving Seafood’s National Coalition for Fishing Communities testified at the hearing, “Exploring the Successes and Challenges of the Magnuson-Stevens Act,” held by the Water, Power and Oceans Subcommittee of the House Natural Resources Committee.

Mr. Jeff Kaelin, head of Government Relations at Lund’s Fisheries, Inc. in Cape May, New Jersey and a member of the Garden State Seafood Association, and Mr. Sean Martin, President of the Hawaii Longline Association in Honolulu, Hawaii, offered testimony.

Mr. Nick Wiley, Executive Director of the Florida Fish and Wildlife Conservation Commission in Tallahassee, Florida, was the third witness for the Republican majority.

Mr. Charles Witek, a Recreational Angler and Outdoor Writer from West Babylon, New York, tesitfied at the invitation of the Democratic minority.

In March, New Bedford, Massachusetts Mayor Jon Mitchell delivered written testimony to the Subcommittee on behalf of the NCFC, expressing concerns over the increasing use of marine monuments to manage fisheries in place of the Magnuson-Stevens Act (MSA). According to the mayor and NCFC members, this has undermined the more transparent and collaborative management process established by the MSA.

The following additional information was provided by the Subcommittee on Water, Power and Oceans:

On Wednesday, July 19, 2017, at 2:00 p.m. in 1324 Longworth House Office Building, the Water, Power and Oceans Subcommittee will hold an oversight hearing on “Exploring the Successes and Challenges of the Magnuson-Stevens Act.”

Policy Overview:

  • Recreational and commercial fishing industries are significant drivers of the U.S. economy. Together, the U.S. seafood industry and the recreational fishing industry generate $208 billion in sales impacts and contribute $97 billion to the U.S. gross domestic product. Additionally, these industries support upwards of 1.6 million U.S. jobs.
  • Unfortunately, in recent years, access for commercial and recreational fishing has eroded due to poor science, overbearing regulations, and abuse of Marine Protected Areas – such as Marine National Monuments and Marine Sanctuaries – that often prohibit various fishing activities.
  • According to the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS), nearly 90 percent of federally managed fisheries that our commercial and recreational fishermen are not being allowed to harvest at maximum sustainable levels.
  • This hearing will begin to explore issues facing a number of federally managed recreational and commercial fisheries and identify possible solutions, including potential areas to update the federal fisheries framework via reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act.

Read the Subcommittee’s full memo here

It Looks Like Another Good Year For Hawaii Tuna Fishermen

June 15, 2017 — Hawaii’s longline fishermen will hit their annual 3,138-ton limit for bigeye tuna in the western and central Pacific by early September, according to a forecast Wednesday by federal fishery biologist Christofer Boggs.

But that’s not expected to stop them from setting their hooks for more ahi through the end of the year. In fact, the longliners may be able to haul in another 3,000 tons thanks to deals that let them attribute additional catch to certain U.S. territories in exchange for payments to a federally managed fund.

Environmental groups are concerned that the quota-sharing agreements are leading to overfishing.

But they’re good news for consumers who enjoy fresh ahi poke, sashimi and tuna steaks that are revered in the islands. Prices can spike when the fishery closes and a constant supply helps the market remain more stable.

Boggs delivered his report to the Scientific and Statistical Committee that advises the Western Pacific Regional Fishery Management Council. The council, known as Wespac, is tasked with developing policies to prevent overfishing, minimize bycatch and protect fish stocks and habitat but has a long history of fighting for measures to benefit the fishing industry and getting sued for hurting the environment.

Read the full story at the Honolulu Civil Beat

NMFS Put Councils on Notice About Overfishing or Overfished Conditions on Bigeye, Four Other Stocks

April 24, 2017 — SEAFOOD NEWS — The National Marine Fisheries Service has notified regional councils that five species are subject to overfishing and/or are overfishing or overfished, requiring measures be put in place to remedy the situations.

Bigeye tuna in the Western and Central Pacific and South Atlantic golden tilefish are subject to overfishing, according to NMFS. South Atlantic blueline tilefish remains subject to overfishing. Pacific Bluefin tuna in the North Pacific Ocean and South Atlantic red snapper are both overfished and also subject to overfishing.

NMFS determined the bigeye tuna stock is subject to overfishing based on a 2014 stock assessment update conducted by the Secretariat of the Pacific Community, which was accepted by the Western and Central Pacific Fisheries Commission, an international body composed of more than 35 member countries, participating territories and cooperating non-members.

Both the Western Pacific Regional Fishery Management Council and the Pacific Fishery Management Council are charged with addressing the international and domestic impacts to bigeye tuna. Actions to address international recommendations must be forwarded to the Secretary of State and Congress.

NMFS acknowledged that overfishing of the bigeye stock is largely due to international fishing pressure. Regardless, Hawaii longliners are concerned that U.S. fleets will bear the brunt of the regulations.

Hawaii Longline Association President Sean Martin said any regulations likely won’t have a short-term effect on the year-round fishery. However, it seems like NMFS was premature in its decision and used an old stock assessment to make the determination, he said.

“I’m not sure why they did that, prior to the new stock assessment,” Martin said.

The SPC currently is working on an updated bigeye tuna stock assessment to present to the Commission in August. The assessment may show the stock in better shape than the 2014 assessment — or it may not.

Regardless, the Western Pacific Fishery Management Council is required to take into account the relative impact of the longline fleet — which is pretty small in the scope of international fishery management, Martin said. “So it complicates the issue because we are so small,” he added.

Hawaii already imports bigeye tuna from other Commission countries as demand for bigeye and poke has increased in restaurants.

Further constraints on the domestic fishery will likely be filled by other countries. The U.S. takes conservation seriously, Martin said, but at the international level, discussions frequently center more around allocation rather than conservation.

“We’re suffering the consequences of others who want access to our markets,” Martin said.

NMFS’ notice about the status of the bluefin tuna in the North Pacific also must be dealt with by both the Western Pacific and Pacific fishery management councils.

The overfishing and overfished condition of Pacific bluefin tuna in the North Pacific Ocean is due largely to excessive international fishing pressure and there are no management measures (or efficiency measures) to end overfishing under an international agreement to which the United States is a party, NMFS said in its notice.

The South Atlantic Fishery Management Council has been notified it must take action immediately to end overfishing of golden tilefish and continue to work with NMFS to end overfishing of blueline tilefish and red snapper and rebuild the red snapper stock.

This story originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission.

New Bedford Mayor Jon Mitchell Voices Coalition Concern Over Marine Monuments at House Hearing

WASHINGTON – March 15, 2017 – The following was released by the National Coalition for Fishing Communities:

Today, New Bedford, Mass. Mayor Jon Mitchell delivered written testimony to the House Natural Resources Committee on behalf of Saving Seafood’s National Coalition for Fishing Communities. His testimony expressed serious concerns about the impacts of marine monuments, designated using executive authority under the Antiquities Act, on fishermen and coastal communities.

Mayor Mitchell had planned to testify in person before the Subcommittee on Water, Power, and Oceans as a representative of the NCFC, but was unable to attend the hearing in Washington due to snow and severe weather conditions in the Northeast.

In his testimony, Mayor Mitchell questioned both the “poorly conceived terms of particular monument designations,” as well as “more fundamental concerns with the process itself.” Mayor Mitchell also delivered a letter to the committee signed by eleven NCFC member organizations further detailing their concerns with the monument process and how fishing communities across the country are affected by monument designations.

The letter was signed by the Atlantic Offshore Lobstermen’s Association, the California Wetfish Producers Association, the Fisheries Survival Fund, the Garden State Seafood Association, the Hawaii Longline Association, the Long Island Commercial Fishing Association, the Menhaden Fisheries Coalition, the North Carolina Fisheries Association, the Southeastern Fisheries Association, the West Coast Seafood Processors Association, and the Western Fishboat Owners Association.

In addition, three NCFC member organizations, the Atlantic Offshore Lobstermen’s Association, the Hawaii Longline Association, and the North Carolina Fisheries Association submitted individual letters outlining in further detail their opposition to marine monuments.

Mayor Mitchell was also critical of the monument designation process, by which a president can close off any federal lands or waters on a permanent basis using executive authority under the Antiquities Act. He instead praised the Fishery Management Council process created by the Magnuson-Stevens Act, which he said affords greater opportunities for input from stakeholders, scientists, and the public.

“The monument designation process has evolved effectively into a parallel, much less robust fishery management apparatus that has been conducted entirely independent of the tried and true Fishery Management Council process,” Mayor Mitchell said. “It lacks sufficient amounts of all the ingredients that good policy-making requires: Scientific rigor, direct industry input, transparency, and a deliberate pace that allows adequate time and space for review.”

Mayor Mitchell used his testimony to call attention to issues affecting fishing communities across the country, including New England fishermen harmed by the recently designated Northeast Canyons and Seamounts Marine National Monument, and Hawaii fishermen harmed by the expansion of the Papahānaumokuākea Marine National Monument. He also expressed the concerns of fishermen in Mid-Atlantic, South Atlantic, and Pacific waters in dealing with the monument process.

Mayor Mitchell concluded by calling on Congress to integrate the executive branch’s monument authority with the established processes of the Magnuson-Stevens Act, ensuring that the long-term interests of all stakeholders are accounted for.

“This Congress has an important opportunity to restore the centrality of Magnuson’s Fishery Management Councils to their rightful place as the critical arbiters of fisheries management matters,” Mayor Mitchell said. “Doing so would give fishing communities much more confidence in the way our nation approaches fisheries management. And it could give the marine monument designation process the credibility and acceptance that it regrettably lacks today.”

The mayor spoke at the hearing on behalf of the NCFC. The city of New Bedford, as Mayor Mitchell stated in his testimony, was instrumental in the founding of the Coalition, providing an initial seed grant for its creation.

Read Mayor Mitchell’s full testimony here

Read the NCFC letter here

Read the Atlantic Offshore Lobstermen’s Association letter here

Read the Hawaii Longline Association letter here

Read the North Carolina Fisheries Association letter here

Hawaii legislature kills bills tightening rules on commercial fishing licenses

March 9, 2017 — Two separate legislative efforts to increase state oversight of commercial fishing licenses in Hawaii, initiated in response to an Associated Press investigation into the working conditions of foreign fishermen in the Hawaiian fleet, have failed to advance.

One bill would have required fishing license applicants to apply in person, “creating a logistical barrier because most of Hawaii’s foreign fishermen are confined to their boats,” according to the AP. Supporters of the bill said that interaction would give foreign fishermen “a chance to tell state officials if they were victims of human trafficking or having problems such as withheld wages,” the article reported.

The second bill had called for records of employment and fishermen contracts to be retained with the state Department of Land and Natural Resources.

However, following opposition by the Hawaii Longline Association, which argued that state officials should not be put in the position of having to review labor contracts, Hawaii’s House Judiciary Committee and Senate Committee on International Affairs and the Arts deferred action on the legislation, making the bills ineligible for further consideration in the state’s current legislative session.

“I think we all share an interest to ensure that there’s safety for the crews of these boats, but we just felt like the bill was more of a federal issue,” state Rep. Scott Nishimoto told ABC News. “I read through the bill and I didn’t really see how collecting contracts in different languages would do anything to ensure their safety.”

Read the full story at Seafood Source

HAWAII: State may be breaking law in accommodating foreign fishermen

February 10, 2017 — They work without most basic labor protections just a few miles from Waikiki’s white sand beaches, catching premium tuna and swordfish sold at some of America’s most upscale grocery stores, hotels and restaurants.

About 700 of these foreign fisherman are currently confined to vessels in Honolulu without visas, some making less than $1 an hour.

Hawaii authorities may have been violating their own state law for years by issuing commercial fishing licenses to thousands of foreign workers who were refused entry into the country, The Associated Press has found.

Under state law, these workers — who make up most of the crew in a fleet catching $110 million worth of seafood annually — may not be allowed to fish at all, the AP found.

Read the full story from the Associated Press at the Star Advertiser

Council Wants Money For Fishers Hurt By Monument Expansion

November 14, 2016 — The Western Pacific Fishery Management Council is wasting no time seeking financial compensation for those in the fishing industry who may claim they have been harmed by President Barack Obama’s expansion of the Papahanaumokuakea Marine National Monument in late August.

At its meeting last month — shortly after being advised by counsel of restrictions on lobbying legislatures or the president for funds — the council decided to send a letter to Obama highlighting the expansion’s impacts on Hawaii fishing and seafood industries and indigenous communities and requesting that the Department of Commerce mitigate those impacts through “direct compensation to fishing sectors.”

The council’s letter will also include a request that the ban on commercial fishing in the expansion area — which includes the waters between 50 and 200 nautical miles off the Northwestern Hawaiian Islands — be phased in. The letter will also ask for “other programs that would directly benefit those impacted from the monument expansion.”

Compensation for fisheries closures in federal waters is not unprecedented. In 2005, the National Marine Fisheries Service (NMFS) reimbursed the Hawaii Longline Association $2.2 million for legal expenses tied to the group’s lawsuit opposing a temporary closure of the swordfish fishery. Also, as part of the same $5 million federal grant that funded the reimbursement, lobster and bottomfish fishers displaced by the Northwestern Hawaiian Islands (NWHI) Coral Reef Ecosystem Reserve established by President Bill Clinton also received hundreds of thousands of dollars in direct compensation and funds for fisheries research.

With regard to the Papahanaumokuakea Marine National Monument, after it was first established by President George W. Bush in 2006, then-Sen. Daniel Inouye inserted an earmark in the Consolidated Appropriations Act of 2007 that provided more than $6 million to NMFS for a “capacity reduction program.” That program allowed vessel owners with permits to fish for lobster or bottomfish in the NWHI to be paid the economic value of their permits if they chose to stop fishing well ahead of the date all commercial fishing was to end in the monument, June 15, 2011.

Read the full story at the Honolulu Civil Beat

Officials say they cannot enforce Hawaii fishing contracts

October 21st, 2016 — Federal officials cannot enforce a contract being proposed by the commercial fishing industry as a solution to concerns about foreign fishing crews in Hawaii, leaving the industry responsible for enforcing its own rules.

Federal and state officials met with vessel owners, captains and representatives from the fleet Thursday at a pier in Honolulu.

The normally private quarterly meeting was opened to media and lawmakers to discuss conditions uncovered in an Associated Press investigation that found some foreign fishermen had been confined to vessels for years.

U.S. Custom and Border Protection “does not review contracts, we just make sure that these fishermen … are employed on the vessel,” said Ferdinand Jose, Custom and Border Protection supervisory officer. “Whatever you negotiate … is between you folks, not us.”

The Hawaii Longline Association, which represents fishing boat owners, created a universal contract that will be required on any boat wanting to sell fish in the state’s seafood auction.

Read the full story from the Associated Press at WGEM NBC