Saving Seafood

Why the Fishing Industry Fought: Inside the Battle Over Chevron

May 2, 2025 — Wayne Reichle – who’s been in the fishing business his whole life – had never heard of the Chevron doctrine. That’s the two-step legal test that courts used for the past 40 years to decide whether a federal agency had the authority to make a regulation.

“No idea,” said Reichle, president of New Jersey-based Lund’s Fisheries. “Myself, and many, many fellow fishermen had no idea what the Chevron doctrine was.”

That changed after a group of fishermen challenged a federal regulation requiring the herring industry to pay for onboard federal observers. “I think there’s quite a few that know what the Chevron doctrine is today,” Reichle said.

This season on UnCommon Law, we’re exploring the limits of agency power. To what extent are federal agencies authorized to create and implement regulations that aren’t explicitly mandated by Congress? And what happens when an agency goes too far? In this episode, the story of the fishermen who fought back.

Listen to the full story at Bloomberg Law

New study paints gloomy picture of climate change’s impact on commercial fishing

April 22, 2025 — A new study of some of California’s most commercially significant aquatic species paints a grim picture for the future of the state’s fishing industry under the growing threat of climate change.

The study, compiled by a host of researchers including federal and state scientists as well as researchers from UC Santa Cruz and UC Davis, looked at 34 aquatic species in an attempt to gauge how each would fare under predicted climate change scenarios.

Among the species studied were Dungeness crab, red abalone, Pacific herring, Pismo clams, pink shrimp, Pacific bonito and California spiny lobster. The group ranked each by their level of vulnerability to changing environmental conditions.

“The most striking thing that we found is that among the species that were ranked as the most highly vulnerable happened to also be some of California’s economically valuable and culturally important species,” said Mikaela Provost, assistant professor of fisheries ecology at UC Davis and co-author of the study.

California’s oceans are highly productive due to seasonal upwelling which keeps water temperatures cool and filled with nutrients. But models of future conditions forecast disruption through rising temperatures, deoxygenation and potential changes in circulation.

Read the full story at NBC Bay Area

Can Japan sustain the rebound of its ‘phantom fish’?

October 7, 2024 — Around the room are different pieces of equipment used in Yoichi over a century ago. Black and white photos of the fish meal fertilizer process line the walls. He points to a poster showing the herring catch in Hokkaido from 1870 to the 1950s.

“So in the high peak, there were close to 1 million tons of herring being caught, like 970,000 tons,” he says. “But you know, herring catch declined over the years and in the mid-1950s the herring fishery collapsed.”

In recent years, the fishermen have tried to manage the fishery themselves, to avoid another collapse in the future. Hatcheries aided in the recovery, but some co-ops and processors are taking the charge to conserve the herring population seriously, with strict fishing management. Ikuo Wada, who leads the Ishikari Fishing Co-Op in Hokkaido, says the shorter fishing period and wider nets made a big difference. And they’ve even secured a sustainability certification from the Japanese government.

But Kouta Fukuhara, a dried herring processor I spoke with in Yoichi, is skeptical.

“The current structure of Japanese fishing is not sustainable. Let me compare with Alaska. Alaska Department of Fish and Game regulates all kinds of commercial fishing — when it starts, how much fish to be caught… In Japan, we don’t have a such a legal structure,” Fukuhara says. “And the fishermen catch a lot of herring, bring it back and take the fish to the market. And the market is saturated with herring. Too much herring in the market, and the price goes down and they don’t make much money.”

Read the full article at KCAW

Atlantic Herring Eastern Maine Spawning Closure in Effect Starting August 28, 2023 through October 8, 2023; Area 1A Days Out Meeting on September 14

August 21, 2023 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic herring Area 1A (inshore Gulf of Maine) fishery regulations include seasonal spawning closures for portions of state and federal waters in Eastern Maine, Western Maine and Massachusetts/New Hampshire. The Atlantic States Marine Fisheries Commission’s Atlantic Herring Management Board approved a forecasting method that relies upon at least three samples, each containing at least 25 female herring in gonadal stages III-V, to trigger a spawning closure. However, if sufficient samples are not available then closures will begin on predetermined dates.

There are currently no samples from the Eastern Maine spawning area to determine spawning condition. Therefore, per the Addendum II default closure dates, the Eastern Maine spawning area will be closed starting at 12:01 a.m. on August 28, 2023 extending through 11:59 p.m. on October 8, 2023. The Eastern Maine spawning area includes all waters bounded by the following coordinates:

Maine coast     68° 20’ W

43° 48’ N          68° 20’ W

44° 25’ N         67° 03’ W

North along the US/Canada border

Vessels in the directed Atlantic herring fishery cannot take, land or possess Atlantic herring caught within the Eastern Maine spawning area during this time. The incidental bycatch allowance of up to 2,000 pounds of Atlantic herring per trip per day applies to vessels in non-directed fisheries that are fishing within the Eastern Maine spawning area. In addition, all vessels traveling through the Eastern Maine spawning area must have all seine and mid-water trawl gear stowed.

Upcoming Days Out Meeting

In addition, Atlantic Herring Management Board members from the States of Maine, New Hampshire and the Commonwealth of Massachusetts will meet via webinar on September 14, 2023 from 10:30 a.m. to 12:00 p.m., to discuss Season 2 (October 1 – December 31) days out measures for the 2023 Area 1A fishery (inshore Gulf of Maine). Days out measures include consecutive landings days for Season 2. The webinar and call information are included below:

Atlantic Herring Days Out Meeting

September 14, 2023

10:30 a.m. – 12:00 p.m.

You can join the meeting from your computer, tablet or smartphone at the following link:https://meet.goto.com/738566485. If you are new to GoToMeeting, you can download the app ahead of time (click here) and be ready before the meeting starts. For audio, the meeting will be using the computer voice over internet protocol (VoIP), but if you are joining the webinar from your phone only, you can dial in at +1 (872) 240-3212 and enter access code 738-566-485 when prompted. The webinar will start at 10:15 a.m., 15 minutes early, to troubleshoot audio as necessary.

The 2023 Area 1A sub-annual catch limit (sub-ACL) is 3,345 metric tons (mt). The initial specification for the 2023 Area 1A sub-ACL of 3,592 mt decreased by 247 mt due to the catch overage in Area 1A in 2021. After adjusting for the 30 mt fixed gear set-aside and the 8% buffer (Area 1A closes at 92% of the sub-ACL), the Area 1A sub-ACL is 3,050 mt. There is no research-set-aside for 2023.

The Board established the following seasonal allocations for the 2023 Area 1A sub-ACL: 72.8% available from June 1 – September 30 and 27.2% available from October 1 – December 31.

For more information, please contact Caitlin Starks, Fishery Management Plan Coordinator, at 703.842.0740 or cstarks@asmfc.org.

The announcement can also be found at https://asmfc.org/uploads/file/64e3bac8AtlHerring_2023EM_SpawningClosure_DaysOutNotice_Aug2023.pdf

Supreme Court to hear major case on limiting the power of federal government, a long-term goal of legal conservatives

May 2, 2023 — The Supreme Court agreed Monday to reconsider long held precedent and decide whether to significantly scale back on the power of federal agencies in a case that can impact how the government addresses everything from climate change to public health to immigration.

Conservative justices have long sought to rein in regulatory authority, arguing that Washington has too much control over American businesses and individual lives. The justices have been incrementally diminishing federal power but the new case would allow them to take a much broader stride.

The justices announced they would take up an appeal from herring fishermen in the Atlantic who say the National Marine Fisheries Service does not have the authority to require them to pay the salaries of government monitors who ride aboard the fishing vessels.

Their action means they will reconsider a 1984 case – Chevron v. Natural Resources Defense Council – that sets forward factors to determine when courts should defer to a government agency’s interpretation of the law.

Read the full story at CNN

Maine herring fishers get money after decline of fish, quota cuts

April 27, 2023 — Fishermen in Maine’s historic herring fishing business will receive money from the federal government to help cope with a decline in the fish’s population that has caused the industry to struggle.

The government has appropriated $7 million for the fishermen, the Maine Department of Marine Resources said Wednesday. Atlantic herring were found to be overfished via a 2020 scientific assessment, and fishing quotas were slashed after that.

The herring are especially important to New England’s fishing industry because they are used as bait by lobster fishermen. They’re also used as food, and people have fished for them from New England waters for hundreds of years.

Read the full story at News Center Maine

Atlantic Herring: Council Receives Update on 2023-2025 Specs; Discusses Status of Framework 7, Industry-Funded Monitoring

July 12, 2022 — The New England Fishery Management Council covered three issues related to Atlantic herring when it met June 28-30, 2022 for a hybrid meeting in Portland, Maine.

SPECIFICATIONS: The Council received a brief update on 2023-2025 herring specifications, which are under development. The Herring Plan Development Team (PDT) is working on the action, and the Council’s Scientific and Statistical Committee will develop the overfishing limit (OFL) and acceptable biological catch (ABC) recommendations at an August 4, 2022 meeting. The annual catch limit (ACL), area-specific sub-ACLs, and other fishery specifications will flow from the ABC. The Herring Advisory Panel and Herring Committee will meet later this summer to review the specifications and recommend preferred alternatives for Council consideration. The Council will take final action during its September 27-29, 2022 meeting.

The specifications will be informed by the peer reviewed results of the June 2022 Herring Management Track Assessment, which was conducted immediately preceding the start of the Council meeting. Herring was last assessed in 2020 and was determined to be overfished, although overfishing was not occurring. Results from the new 2022 assessment are being finalized, but it does not appear the status of the resource has changed much from the previous assessment.

Read the full release here

 

Mid-Atlantic Council Approves Revised Stock Rebuilding Plan for Atlantic Mackerel

June 15, 2022 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council has approved a revised rebuilding plan and 2023 specifications for Atlantic mackerel. The first rebuilding plan for the stock was implemented in November 2019. However, an updated 2021 stock assessment found that, although the stock size almost tripled between 2014 and 2019, the stock was only 24% rebuilt in 2019 and unlikely to complete rebuilding as anticipated.

The revised rebuilding plan approved by the Council has a 61% probability of rebuilding the stock by 2032. Of the five rebuilding options considered, the Council selected this approach because it has a high probability of successfully rebuilding the stock while avoiding the severe economic impacts that would likely occur with some of the other alternatives. Compared to the original rebuilding plan, the revised plan uses lower predicted recruitment in projections to reduce the chance of underperforming stock growth predictions again.

The Council also voted to implement a first-ever federal waters recreational possession limit for Atlantic mackerel for 2023. Recreational catches of Atlantic mackerel have been relatively low historically, but recreational restrictions were deemed appropriate to achieve the total catch reduction required under the rebuilding plan. The Council had initially considered possession limits in the range of 10 to 15 fish per person, but they ultimately recommended a 20-fish per person limit based on the limited historical recreational catch and the importance of mackerel for recreational fishermen (including as bait). This limit is expected to reduce recreational catch by about 17%. Coordination with states that have substantial recreational mackerel catches (MA, NH, and ME) occurred during development of the plan, and it is hoped that these states will mirror the federal rules for their state waters in 2023.

Under the selected rebuilding plan, the acceptable biological catch (ABC) will be 8,094 metric tons (MT) for 2023. After accounting for expected Canadian catch, recreational catch, and commercial discards, the Council recommended setting the 2023 commercial quota at 3,639 MT. This quota is 79% lower than the initial 2021 rebuilding quota. A new Management Track Assessment will be available next year to inform 2024-2025 specifications.

The Council also discussed potentially scaling down the river herring and shad cap, currently set at 129 MT, in response to the reduced commercial quota. However, given the challenges associated with monitoring a very small cap, including potential closures based on a few observed trips, the Council voted to maintain the cap at 129 MT for 2023.

Finally, the Council agreed to request that NOAA Fisheries provide additional outreach and compliance assistance regarding the appropriate permitting and catch reporting for both commercial and for-hire vessels. Additional outreach should address any ambiguity regarding the need to have a permit and submit electronic vessel trip reports (eVTRs) by these vessels.

The Council will submit this amendment to the Secretary of Commerce for approval and implementation. Updates will be posted on the Atlantic Mackerel Rebuilding 2.0 page. For additional information about this action, contact Jason Didden at jdidden@mafmc.org or (302) 526-5254.

 

Expert: New England herring industry to receive $11M

June 2, 2022 — The federal government is giving $11 million to New England herring fishermen following a declared disaster within the industry.

However, some experts claim the situation was avoidable.

Overfishing herring created the situation in the Atlantic Ocean off the coast of New England, according to Niaz Dorry, director of the North American Marine Alliance.

In November, the federal government declared a “fishery disaster” allowing assistance in tax dollars to flow into the region, the Gloucester Daily Times in Massachusetts reported. Maine will receive $7 million, Massachusetts over $3.2 million, New Hampshire will receive $600,000, and Rhode Island is set to receive $241,299.

Read the full story at The Center Square