Saving Seafood

Mills requests federal assistance for Maine’s seafood industry

March 23, 2020 — Gov. Janet Mills is asking President Trump for help to support Maine’s fishing industry.

In a letter to the president Friday, Mills pointed to a collapse of the markets for seafood both locally and globally due to the COVID-19 pandemic and asked the administration to consider direct financial assistance, subsidies, operating loans or loan deferment, or tweaking existing programs to make them more accessible to fishing and seafood businesses.

“In the short-term, harvesters have only limited opportunities within their communities to sell small quantities of product in hopes to earn just enough money to buy weekly necessities,” wrote Mills, calling the men and women who fish for lobster, herring, groundfish and shellfish “the very backbone of our rural coastal economy.”

In the long term, Mills said, “it is clear that the collapse of the international and larger domestic markets will devastate Maine’s commercial fisheries.”

Read the full story at the Portland Press Herald

Seafood Shipping Concerns Rise Amid Coronavirus Outbreaks

March 18, 2020 — There’s no denying that coronavirus, also known as COVID-19, has had a massive impact on the world. Here’s an overview of the ramifications on seafood shipping and related topics.

Demand and customer levels are down

Industry experts say the coronavirus factors into a downward trend related to demand. For example, Alaska’s Sitka Sac Roe Herring Fishery likely won’t happen this year. The department overseeing fish and game in the state reportedly contacted all processors with an assumed interest, and the response was that none intended to purchase herring this year.

Read the full story at Seafood News

Second lawsuit filed in at-sea monitoring dispute

March 10, 2020 — A second lawsuit has been filed in a U.S. federal courthouse against a rule, scheduled to take effect Monday, 9 March, that would require Atlantic herring fishermen to pay for independent monitors aboard their vessels.

Seafreeze Fleet LLC and two vessels it owns filed the lawsuit against the U.S. Department of Commerce, the National Oceanic and Atmospheric Administration, and NOAA Fisheries in U.S. District Court in Rhode Island last week. It comes a couple of weeks after New Jersey fishermen filed a similar lawsuit over the rule.

Read the full story at Seafood Source

MAINE: Herring hearing

March 2, 2020 — Atlantic herring, which is the fish used for bait by most Maine lobstermen, was expensive and hard to come by in 2019.

In 2020, the catch limit set by interstate fishery regulators will be even lower than last year, but the Atlantic States Marine Fisheries Commission is working on ways to provide more flexibility in how the quota is allocated.

A hearing on Draft Addendum III for the herring fishery management plan is planned for March 9 at 6 p.m. at the Maine Department of Marine Resources Augusta office.

Read the full story at the Mount Desert Islander

Atlantic herring fishermen take government to court over at-sea monitor requirement

February 28, 2020 — A group of New Jersey fishermen have filed a lawsuit in federal court seeking to block a ruling that would require them to pay to carry independent monitors on their vessels during their fishing trips.

The suit, filed on Wednesday, 19 February, in the District of Columbia, came after the U.S. Department of Commerce approved an amendment sought by the New England Fishery Management Council to improve clarity regarding landings data in the Atlantic herring fishery.

Read the full story at Seafood Source

New Jersey-based herring fleet sues over at-sea monitoring rule

February 25, 2020 — New Jersey herring fishermen are going to court challenging a new rule forcing them to pay for at-sea monitoring, which they say will cost more than $700 a day for observers and cut their revenue from herring trips by more than 20 percent.

A half-dozen vessels associated with Lund’s Fisheries, based near Cape May, N.J. are named in the lawsuit filed last week against the New England Fishery Management Council, NOAA and the Department of Commerce.

Cape Trawlers, H&L Axelsson and Loper Bright Enterprises contend regulators have no statutory authority from Congress to impose industry-paid monitoring in addition to a separate, federally-funded observer program.

“The regulation also has the potential to modify other New England fishery management plans to allow for standardized implementation of additional industry-funded monitoring programs in the future,” Lund’s Fisheries said in a joint announcement with the Cause of Action Institute, a Washington, D.C.-based legal and free-market advocacy group.

A final rule published in the Federal Register Feb. 7, to take effect March 9, would require Atlantic herring trawlers with areas A and B permits to pay toward a 50 percent at-sea monitoring coverage target for the first time.

Originating with the 2018 Industry-Funded Omnibus Amendment approved by the New England council, the potential for levying new monitoring requirements had been in the background since being okayed by the Department of Commerce.

Read the full story at National Fisherman

Lund’s-linked vessels sue NOAA over industry funded at-sea monitors

February 24, 2020 — A group of US Atlantic herring trawlers linked to major New Jersey scallop and squid supplier Lund’s Fisheries have sued the US National Oceanic Atmospheric Administration (NOAA) arguing that a new rule requiring them to pay for the cost of at-sea monitoring violates federal laws.

The lawsuit, filed Feb. 19 in a Washington, D.C., federal court, alleges that NOAA’s Feb. 7 publication of a “final rule” that will pave the way for industry-funded monitoring claims that the rule exceeds the agency’s authority granted under the Magnuson-Stevens Act, the main legislation that regulates fishing in US federal waters.

The lawsuit further claims that the rule improperly infringes on “Congress’s exclusive taxation authority” and violates three other federal laws — the Anti-Deficiency Act, the Miscellaneous Receipts Act and the Independent Offices Appropriations Act, all of which regulate how the government collects and spends money.

The rule, according to the lawsuit, could cost herring harvesters as much as $700 per trip for the monitors, third-party observers hired by the vessel owner.

Read the full story at Undercurrent News

New England Council Update – February 24, 2020

February 24, 2020 — The following was released by the New England Fishery Management Council:

Here are several timely meetings and management actions that directly relate to the work of the New England Fishery Management Council.

SCALLOPS:  The Council’s Scallop Advisory Panel (AP) and Scallop Committee both have a couple of meetings coming up.
  • Scallop AP:  The AP will meet on Wednesday, February 26, 2020 at the Hilton Garden Inn in Boston.  The agenda and meeting materials are available here.
  • Scallop Committee:  The Committee will meet on Thursday, February 27, 2020 at the same hotel in Boston.  Here are the meeting materials.
  • Scallop AP and Committee:  The Scallop AP and Committee will meet again back-to-back on Thursday and Friday, March 26 and March 27, 2020 at the Hilton Garden Inn in Boston.  More information will be posted on the Council’s scallop webpage in the near future.
  • Scallop Framework Adjustment 32:  The Council signed off on Framework 32 during its December 2019 meeting.  The National Marine Fisheries Service (NMFS/NOAA Fisheries) has reviewed the document and is accepting public comments on the proposed rule through March 6, 2020.  Here is the Framework 32 webpage.
  • Of Note:  NOAA Fisheries released its Fisheries of the United States 2018 Report.  Scallops ranked fourth in the nation in the category called “highest value species groups,” coming in at $541 million.  Roughly $532.3 million of that total came from sea scallop landings and the remainder was due to bay scallops.  Scallop landings helped make New Bedford, MA the highest value fishing port in the U.S. for the 19th consecutive year.
ATLANTIC HERRING:  The Council’s Herring AP and Herring Committee will meet on Tuesday, March 3, 2020 at the Four Points by Sheraton in Wakefield, MA.  The AP will start off in the morning at 8:30 a.m. and the Committee will meet after lunch, roughly around 1 p.m.  Here’s the agenda.  Meeting materials for both the AP and Committee meeting are available here.
  • Draft Addendum III:  The Atlantic States Marine Fisheries Commission (ASMFC) will hold a hearing on Draft Addendum III to the interstate herring plan at 11:00 a.m. on March 3 at the same location as the New England Council’s Herring AP and Herring Committee meetings.  According to ASMFC, Draft Addendum III “proposes options to better manage the Area 1A (inshore Gulf of Maine) sub-annual catch limit under low quota scenarios.”
FISHERY DATA:  The Fishery Data for Stock Assessment Working Group has delivered its final report to the Council.  The Council established the working group to explore how fishery-dependent data can be used to inform stock abundance and explain how this information is used in stock assessments.  The group developed a number of recommendations.  Learn more about the working group’s charge and membership. 
 
ABC CONTROL RULE CONTRACTOR:  The Council is seeking an independent contractor to develop alternatives for acceptable biological catch (ABC) control rules for groundfish stocks that have undergone analytic assessments as of 2019.  Letters of interest and supporting documents must be received by March 18, 2020.  Details are available at groundfish ABC control rules.  Here’s a link to the announcement.
 
SKATES – SAVE THE DATE:  The Skate AP and Skate Committee will meet jointly on Thursday, March 26, 2020 at the Fairfield Inn in New Bedford.  More information will become available shortly.  Here is the Council’s skate webpage.
  • The Council developed Framework Adjustment 8 to the Northeast Skate Complex Fishery Management Plan to set skate wing and skate bait specifications for the 2020-2021 fishing years.  NOAA Fisheries is collecting public comment on the framework through March 6, 2020.  Documents are available on the Framework 8 webpage.
RED HAKE:  Here’s a reminder that the Red Hake Stock Structure Research Track Assessment Meeting will be taking place March 9-12, 2020 in Woods Hole, MA.  The Council is working on an action to rebuild southern red hake.  Visit the Council’s whiting webpage for future developments. 
 
EBFM – SAVE THE DATE:  The Ecosystem-Based Fishery Management (EBFM) Committee and EBFM Plan Development Team will meet jointly on Tuesday, March 31, 2020 at the Fairfield Inn in New Bedford.  More information will become available shortly.  Here is the Council’s EBFM webpage.
 
JOIN US!  MAINE FISHERMEN’S FORUM:  The Maine Fishermen’s Forum will take place March 5, 6, and 7, 2020 at the Samoset Resort in Rockport, ME.  Several Council members and staff are participating in many of this year’s seminars, including a special day-long offshore wind session.  Council representatives also will be taking part in seminars about:  Groundfish Monitoring Amendment 23; changes in the federal Atlantic herring fishery; updates on the federal scallop fishery in the Gulf of Maine; an open forum with fisheries leadership; and reconsideration of Atlantic cod stock structure in U.S. waters.
  • Detailed descriptions of the seminars are available at Maine Fishermen’s Forum 2020.
  • Tables with daily at-a-glance schedules are available on the forum’s forms and schedules webpage.

MAINE: State reverses course, leaves menhaden fishery open

February 21, 2020 — Keenly aware of a looming bait shortage, Friendship lobsterman Chad Benner decided last fall to invest $15,000 to buy the custom-made net needed to join Maine’s growing menhaden fishery in 2020.

He planned to use some of the menhaden, also called pogy, to bait his lobster traps and sell the remainder to lobster fishermen on the hunt for an affordable alternative to Atlantic herring, which is hard to come by since its depleted numbers triggered steep cuts in how much herring can be caught.

But Benner’s plan was put in jeopardy last month when Maine announced that it wanted to place a two-year freeze on the menhaden fishery, closing it to newcomers while the state enacted a licensing system and made a pitch for a bigger share of the East Coast menhaden quota.

“I put my money down back in November, and now they are saying I can’t go fishing?” Benner said on Tuesday to state lawmakers who oversee the Maine Department of Marine Resources. “I’ve got a kid to support, and a family. I won’t even be able to sell (the net) because nobody could get a license.”

Stories of those who had hoped to jump into menhaden fishing, and pleas from lobstermen in search of affordable bait, persuaded state lawmakers to keep the menhaden fishery open while the state works out details of its proposed licensing system.

Read the full story at the Portland Press Herald

Herring Fishermen Challenge Rule Requiring At-Sea Monitors

February 20, 2020 — The U.S. Department of Commerce violated federal administrative law by requiring at-sea monitors for herring fishing and making the industry pay for them, a group of New Jersey fishermen say in a new federal lawsuit.

The Secretary of Commerce’s approval of a final rule, and a related omnibus amendment, is arbitrary and capricious, according to the lawsuit filed Wednesday by the fishing company Loper Bright Enterprises Inc. and others in the U.S. District Court for the District of Columbia.

Read the full story at Bloomberg Environment