Saving Seafood

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

Hawaii lawmakers hold public meeting on foreign fishermen

October 20, 2016 — HONOLULU — Hawaii lawmakers held a meeting to discuss conditions in the Hawaii longline fishing fleet and heard from an observer who described what it’s like to live on the boats.

“The worst conditions would be no toilet, no shower, no hot water,” said Ashley Watts, a former observer for the National Oceanic and Atmospheric Administration, who spent weeks at sea with various boats over seven years at the federal agency. “You have a cold water deck hose as a shower…the water tastes like iron.”

The meeting on Wednesday followed an Associated Press investigation that found some fishermen have been confined to vessels for years.

A federal loophole allows the foreign men to work but exempts them from most basic labor protections. Many foreign fishermen have to stay on the boats because they are not legally allowed to enter the United States.

“It’s hard to sleep, because every day we don’t do something is another night that some folks are suffering,” state Rep. Kaniela Ing said. “It’s very frustrating to just hear people just kind of punt or say maybe over time we can find a solution.”

Ing and other lawmakers pressed representatives from the fishing industry and government agencies about what can be done to increase oversight and improve conditions in the industry. Ing asked Jim Cook, board member of the Hawaii Longline Association, whether fishing boat captains could provide copies of contracts between fishermen and boat captains to the state, and Cook said he believed that would be possible.

The Hawaii Longline Association, which represents fishing boat owners, created a universal crew 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 ABC News