Saving Seafood

Summary of Action Items for the 178th Meeting of the WPRFMC

June 5, 2019 — The following was published by the Western Pacific Regional Fishery Management Council:

The 178th meeting of the Western Pacific Regional Fishery Management Council will convene June 25-27, 2019, at the Laniakea YWCA, Fuller Hall, Honolulu, Hawai’i. The Council will consider and may take action on the issues summarized below, including any public comments on them. Written public comments should be received by the Council’s executive director by 5 p.m. (Hawai’i time), Thursday, June 20, 2019, by postal mail, fax or email as indicated below. After June 20, it is the submitter’s responsibility to provide at least 40 copies of the written comment to Council staff at the Council meeting.

Mail: Ms. Kitty M. Simonds
Executive Director
Western Pacific Regional Fishery Management Council
1164 Bishop Street, Suite 1400
Honolulu, HI 96813

FAX: (808) 522-8226
E-mail: info.wpcouncil@noaa.gov

Action Item Summaries
A
1. Specifying Harvest Limits for the Main Hawaiian Islands Kona Crab

The Council will consider specifying multi-year harvest limits for the main Hawaiian Island Kona crab for fishing years 2020-2023. The best scientific information available is the 2019 benchmark stock assessment with catch projection to 2026[1]. Based on this updated information, the maximum sustainable yield was estimated to be at 73,609 pounds and the overfishing limit at 33,989 pounds. The Council’s P* and SEEM* Working Groups and the Scientific and Statistical Committee (SSC) evaluated the scientific, social, ecological, economic, and management uncertainties and recommended a risk level for the Council to consider. The SEEM* working group used a new standardized process developed by the Social Science Planning Committee (SSPC), in which the social, ecological, and economic dimension is used to determine the risk of overfishing, and the monitoring and compliance/management criteria are used to determine management uncertainty. The risk of overfishing informs the Council’s consideration of annual catch limit (ACL) specification, and the management uncertainty informs the Council’s consideration in setting the annual catch target (ACT).

The Council will evaluate the following options:
1) No Action. No harvest limits will be specified for fishing year 2020-2023.
2) Specify the previous harvest limit at 3,500 pounds using the 2015 assessment (Thomas et al. 2015) for fishing year 2020-2023.
3) Specify the ACL equal to the acceptable biological catch (ABC) at P*=38 percent at 30,802 pounds and set an ACT at P*=30 percent at 28,324 pounds based on the P* and SEEM* Analysis using the 2019 benchmark stock assessment.
4) Specify the ACL equal to the ABC at P*=38 percent at 30,802 pounds and set an ACT 10 percent lower than the SEEM* analysis at P*=20 percent at 25,491 pounds using the 2019 benchmark stock assessment
5) Specify the ACL equal to the ABC at P*=38 percent at 30,802 pounds and set an ACT 20 percent lower than the SEEM* analysis at P*=10 percent at 21,243 pounds using the 2019 benchmark stock assessment

At its 178th meeting, the Council will consider taking final action to specify the harvest limits and the accountability measure that will prevent the fishery from overfishing the stock.

citation
[1]Kapur MR, Fitchett MD, Yau AJ, Carvalho F. 2019. 2018 Benchmark Stock Assessment of Main Hawaiian Islands Kona Crab. NOAA Tech Memo. NMFS-PIFSC-77, 114 p. doi:10.25923/7wf2-f040

B
2. Hawai’i Fishery Ecosystem Plan Amendment to Precious Coral Essential Fish Habitat

The Council at its 173rd meeting in June 2018 directed staff to develop options to redefine essential fish habitat (EFH) and any habitat areas of particular concern (HAPC) for precious corals in Hawai’i for Council consideration for a Fishery Ecosystem Plan (FEP) amendment. EFH information was reviewed through the 2015 and 2016 annual Stock Assessment and Fishery Evaluation (SAFE) report cycles and an options paper was developed for the 174th meeting in October 2018.

New observations of precious corals have occurred throughout the region, with research concentrated in the Hawai’i Archipelago. Observations in the territories and of the larval phase of precious corals are rare or nonexistent. However, new information exists to refine the habitat characteristics and geographic extent of deep- and shallow-water precious coral EFH in the Hawai’i Archipelago. Narrative information on which the EFH designations are based and information to fulfill the EFH requirements of fishery management plans may also be used to update the archipelagic FEPs. The redefinition of precious corals EFH is framed in three separate actions: refinement of deep-water species complex EFH; refinement of shallow-water precious coral species complex EFH; and update of the narrative information.

The Council at its 174th meeting reviewed the following options for each of the three actions:
Action 1 – Update EFH for deep-water precious coral species
Options
1) No change (status quo)
2) Revise EFH by depth range
3) Refine the geographic boundary of existing precious coral beds
4) Refine the geographic boundary of existing beds and add new beds

Action 2 – Update EFH for shallow-water precious coral species:
Options
1) No change (status quo)
2) Update geographic extent and habitat characteristics.

Action 3 – Update EFH narrative information
Options
1) Update the FEP narrative information on EFH
2) Do not update the FEP narrative information on EFH

The Council took initial action at its 174th meeting directing staff to prepare an amendment to the Hawai’i FEP to revise the Precious Corals EFH and selected the following preliminary preferred options:

Action 1 – Option 4: Refine the geographic boundary of existing beds and add new beds.
Action 2 – Option 2: Update geographic extent and habitat characteristics.
Action 3 – Option 1: Update the FEP narrative information on EFH.
At its 178th meeting, the Council will consider taking final action to amend the Precious Coral EFH section of the Hawai’i FEP.

C
3. Managing Loggerhead and Leatherback Sea Turtle Interactions in the Hawai’i-Based Shallow-Set Longline Fishery

The Council at its 173rd meeting in June 2018 recommended amending the Pelagic FEP to establish a management framework for the Hawai’i shallow-set longline fishery that consists of 1) annual limits on the number North Pacific loggerhead and leatherback turtle interactions consistent with the anticipated level of annual interactions that is set forth in the current valid biological opinion (BiOp) and 2) individual trip interaction limits for loggerhead and leatherback turtles. The Council also recommended specifications under the framework as follows: 1) annual limits of 37 North Pacific loggerhead turtles and 21 leatherback turtles; and 2) individual trip limit of five North Pacific loggerhead turtles.

The Council’s recommendation for specifying the loggerhead and leatherback turtle annual limits was based on the anticipated level of interactions analyzed in the biological evaluation (BE) initiating reconsultation of the Hawai’i shallow-set longline fishery under the Endangered Species Act (ESA) Section 7 consultation process. As part of its recommendation, the Council noted that it would review its recommendation if the new BiOp from the ongoing consultation results in a jeopardy decision or otherwise results in a different incidental take statement for North Pacific loggerheads or leatherbacks. The new BiOp was originally scheduled to be completed by Oct. 31, 2018, but the draft was not completed in time for the October SSC and Council meeting. Following the October meetings, the National Marine Fisheries Service (NMFS) Pacific Islands Regional Office (PIRO) set a new timeline to deliver the draft BiOp by Jan. 31, 2019, and a final BiOp by Feb. 28, 2019. Due to the federal government shutdown, the draft BiOp timeline was further delayed to March 25, 2019.

At its October 2018 meeting, the SSC received a presentation from the NMFS Pacific Islands Fisheries Science Center (PIFSC) on the population viability analysis (PVA) for loggerhead and leatherback turtles prepared for the ongoing Section 7 consultation. The modeling was conducted in response to a request by the PIRO Protected Resources Division for the purpose of examining the long-term viability of the species. PVA results indicate that the North Pacific loggerhead population has a mean estimated population growth rate of 2.4 precent, while the Western Pacific leatherback turtle population has a mean estimated population growth rate of 5.3 percent. The growth rates reflect long-term population trends based on nesting beach data representing approximately 52 percent of the North Pacific loggerhead turtle population and approximately 85 percent of the Western Pacific leatherback turtle population.

The Council at its 174th meeting in October 2018 reviewed the approach to the assessment for the BiOp and considered the SSC’s report regarding the PVA. The Council recommended convening an interim Council meeting, if needed, to review draft BiOp and consider any revisions to its June 2018 recommendations based on the BiOp and stated that it will reconsider a specification of leatherback individual trip limits if necessary.

The Council convened its 175th Meeting on Dec. 17, 2018, to consider final action on additional mitigation measures for the Western Pacific leatherback turtles in advance of the draft BiOp completion, taking into consideration the results of the PVA model indicating a continuing long-term declining trend of the population. The Council deferred action until the draft BiOp and more complete information on the impacts of the fishery on the Western Pacific leatherback turtles are available to fully inform the Council decision.

The draft BiOp was provided to the Council on March 28, 2019. The Council convened its 177th meeting on April 12, 2019, to review its recommendations on the management framework from the 173rd meeting for consistency with the draft BiOp and to consider taking final action on the management framework. The draft BiOp concluded that the shallow-set longline fishery is not likely to jeopardize the continued existence of ESA-listed species, including loggerhead and leatherback turtles. However, the draft BiOp also contained Reasonable and Prudent Measures (RPMs) that were inconsistent with the Council’s recommended framework. The Council at its 177th meeting maintained its management framework recommendation from the 173rd Council meeting, additionally recommended an individual trip limit of two leatherback turtles and requested that NMFS consider revising the RPMs for consistency with the Council recommended action.

At its 178th meeting, the Council will review the final BiOp for consistency with the 177th meeting recommendations and may consider taking additional final action if any discrepancies remain with the previously recommended action.

D
4. US Participating Territory Longline Bigeye Catch/Allocation Limits

Bigeye tuna comprises a Pacific-wide population that is internationally managed and assessed as separate stocks in the Western and Central Pacific Ocean (WCPO) and Eastern Pacific Ocean (EPO) by the Western and Central Pacific Fisheries Commission (WCPFC) and the Inter-American Tropical Tuna Association (IATTC), respectively. The best scientific information available indicates that both stocks are not subject to overfishing nor are they overfished, according to the stock status determination reference points in the FEP for Pelagic Fisheries of the Western Pacific Region. The scientific bodies of the WCPFC and IATTC will consider new benchmark stock assessments for both stocks in 2020.

In December 2018, the WCPFC agreed on CMM 2018-01, which limits the US longline bigeye tuna catch in the WCPO to 3,554 metric tons (mt) in 2019 and 2020. CMM 2018-01 does not establish an individual limit on the amount of bigeye tuna that may be harvested annually in the Convention Area by Small Island Developing States (SIDS) and Participating Territories, including American Samoa, Guam and the Commonwealth of the Northern Mariana Islands (CNMI). Limits are not provided to the SIDS and Participating Territories in recognition of their fisheries development aspirations.

In 2014, Amendment 7 to the Council’s Pelagic FEP was approved and implemented (50 CFR 665.819). It established the territorial catch/effort and allocation limit measure that provides NMFS with authority to:
Specify annual catch or effort limits for a US Participating Territory, as recommended by the Council, not to exceed any WCPFC-adopted limits;
Specify a limit recommended by the Council authorizing a US Participating Territory to allocate a portion of that specified catch or effort limit to eligible US vessels through a specified fishing agreement; and
Review and approve specified fishing agreements for consistency with the Pelagic FEP and other applicable laws.

The Council must annually review the conservation status of the fishery resource, the needs of fishing communities dependent on the particular fishery resource and consistency with the Pelagics FEP and other applicable laws in considering its recommendations for territorial catch, effort and allocation limits as well as its review of specified fishing agreements. Amendment 7 also established a territorial longline bigeye tuna catch limit of 2,000 mt for each territory and an allocation limit of 1,000 mt for each territory. At its 173rd meeting in June 2018, the Council took final action to modify the territorial catch/effort and allocation limit measure and implementing regulations. Should NMFS approve the action, it will amend the Pelagic FEP to remove the requirement for establishing separate total catch or effort limits for the US Participating Territories in order to establish an allocation limit and also would allow multi-year limits. The Council would annually review any established limits to determine whether the best available scientific information or the needs of fishing communities warrant modifying or rescinding such limits.

At its 178th meeting, the Council will consider recommending territorial bigeye tuna catch and/or allocation limits to take effect beginning in 2020, given the Council’s recommended modification of the territorial catch, effort and allocation limit measure. The Council will consider the following options:
1. No catch or allocation limits (no action)
2. 2,000 mt catch and 1,000 mt allocation limits
3. No catch limit and up to 2,000 mt allocation limits

The Council will also consider the fishing years in which the limits will take effect or expire, in consideration of the requirement for annual review, availability of new scientific information and potential for multi-year limits.

Change Is in the Air: Scientists Suggest New Approaches for Marine Mammal Interaction Mitigation, Spatial Management, Non-traditional Data Use, Hawai‘i Kona Crab Measures

April 5, 2019 — The following was released by the Western Pacific Regional Fishery Management Council:

The Scientific and Statistical Committee (SSC) of the Western Pacific Regional Fishery Management Council concluded a three-day meeting yesterday in Honolulu with a suite of recommendations to more effectively address issues facing fisheries in the US Pacific Islands. The SSC recommendations will be considered March 18-21 in Honolulu by the Council, a federal instrumentality created by Congress to develop fishery management measures for offshore fisheries in the US Pacific Islands. Recommendations of the Council that are approved by the US Secretary of Commerce are implemented by the National Marine Fisheries Service (NMFS).

False Killer Whales: The Southern Exclusion Zone (SEZ), a 132,000 square mile area in the offshore waters around the main Hawaiian Islands, was closed to the Hawai‘i longline fishery on Feb. 22, 2019, after its interactions resulted in a mortality and serious injury (M&SI) determination for two false killer whales. With the SEZ closed, less than 18 percent of US exclusive economic zone around Hawai‘i remains open to the fishery. The SEZ may reopen in 2020 if the average estimated false killer whale M&SI in the deep-set longline fishery within the remaining open areas of the EEZ around Hawai‘i for up to the five most recent years is below the potential biological removal (PBR) for the species. This Honolulu-based fishery lands about $100 million of sashimi-quality tuna, which stays principally in the state. The PBR is defined by the Marine Mammal Protection Act as the maximum number of animals that can be removed, not including natural mortalities, from a marine mammal stock while allowing that stock to reach and maintain its optimum sustainable population, i.e., its maximum productivity keeping in mind the carrying capacity of the habitat and health of the ecosystem. The SSC recommended that the Council request NMFS develop approaches to incorporate population viability analysis (PVA) to supplement the use of PBR and to reduce uncertainty in PBR estimates. PVA is a species-specific risk assessment method frequently used in conservation biology. The SSC also requested that the Council ask NMFS to provide the data needed for the SSC to develop the PVA in parallel to the NMFS process. It also asked that NMFS develop serious-injury determination criteria for false killer whales that are probability-based. Currently, NMFS considers the impact of a false killer whale determined to be seriously injured to be equivalent to the impact of a dead false killer whale, even though animals determined to be seriously injured are released alive.

Spatial Management: A subgroup of the SSC worked to define benefits and limitations to spatial management actions relative to regional fishery issues and management objectives. The working group explored time-area closures; adaptive/real-time closures and restrictions; permanent no-take closures; and alternative non-spatial management actions, such as gear restrictions. It discussed objectives of management actions, such as increasing targeted bigeye and albacore tuna abundance and reducing Hawai‘i longline interactions with sea turtles and false killer whales. It also identified criteria for evaluating the effectiveness of spatially managed areas. The SSC reviewed the outcomes of the working group and recommended that effective spatial management should have the following:

  • Objectives and performance metrics explicitly specified prior to developing a spatial management area in order to evaluate the effectiveness of the spatial management. The performance metrics should concurrently address conservation, economic and social objectives.
  • Regular monitoring of the performance of the spatial management area.
  • Planned and tenable compliance monitoring and enforcement.

Read the full release here

Fishermen Identify Projects to Improve Fisheries Development in the U.S. Pacific Islands

March 20, 2019 — SEAFOOD NEWS — Projects to develop fisheries topped the list of needs identified by fishermen from Hawai’i, American Samoa, Guam and the Commonwealth of the Northern Mariana Islands during their March 15 and 16 meeting in Honolulu. The group, which constitutes the Advisory Panel of the Western Pacific Regional Fishery Management Council, also highlighted the importance of fishing to the communities of each of the island areas.

Advisory panel members said the social and economic value of the local and regional fisheries also needs to better communicated.

“The Council welcomes the ideas and contributions of the Advisory Panel,” Council Chair Archie Soliai said in a press release. “This is a challenging time for fisheries, and the AP has a lot of work to do.”

The Council will consider the AP recommendations when it meets this weaek at the YWCA Fuller Hall in Honolulu.

Some of the suggested projects and activities from the AP include:

  • fishery demonstration projects;
  • expanded use of technology to collect fishery data;
  • characterization of existing fisheries in Hawai’i; and
  • improved fishing opportunities in Guam and the CNMI through improved fish aggregation devices, fishery access and reduction of shark depredation.

AP members include representatives from diverse fisheries, such as spearfish, longline, bottomfish, charter boat, subsistence and the fishery media. The AP is mandated by the Magnuson-Stevens Fishery Conservation and Management Act, the Council said in the release.

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

ISSF: WCPFC December meeting is chance to review tuna measures

November 30, 2018 — All of the tuna stocks under the oversight of the Western and Central Pacific Fisheries Commission (WCPFC), except for Pacific bluefin, are at “green” or healthy levels, the International Sustainable Seafood Foundation (ISSF) reports.

However, the WCPFC meeting scheduled for Dec. 9-14, in Honolulu, Hawaii, is a chance to review supporting measures proposed by ISSF and also the World Wide Fund for Nature (WWF) to better preserve tropical tuna species, suggest Claire van der Geest, an ISSF strategy policy advisor, and Bubba Cook, the WWF’s western and central Pacific Ocean tuna program manager, in a blog posted this week by ISSF.

Those include strengthening the management of fish aggregating devices (FADs) by using non-entangling designs and also improving the management of at-sea transshipment practices to reduce Illegal, unreported and unregulated fishing activities as well as bad labor practices.

Read the full story at Undercurrent News

Hawaii: Longliners codify ethics in push-back against human rights allegations

April 9, 2018 — Stung by lingering allegations of human trafficking and forced labor, the Hawaii fishing industry has developed a formal code of conduct, crew handbook and model employee contract aimed at protecting the workers aboard its fleet of more than 140 vessels.

“It makes the most amount of sense that we give the public a certain degree of confidence that none of this is happening in our industry,” said Khang Dang, owner of 22 fishing boats and a member of the Hawaii Longline Association board of directors.

The documents — available in five languages and distributed to fishermen in the harbor last week — are designed to let the largely foreign ranks of contract fishing crew members clearly understand their rights, benefits and grievance procedures while they are working in Hawaii.

The Hawaii Longline Association initiated the effort following a September 2016 Associated Press investigation that brought national attention to allegations of forced labor, human trafficking, mistreatment and unsafe conditions.

The owners of the boats that make up the Pacific fishing fleet based in Honolulu were portrayed as taking advantage of a loophole in federal law to abuse foreign workers via inhumane working conditions, broken contracts and lousy pay.

The report prompted wholesale buyers and retailers to question whether the fish being sold was ethically sourced and led to an effort by state lawmakers to propose leveraging state fishing licenses to improve conditions in the industry.

Read the full story at the Honolulu Star Advertiser

 

Foreign fishermen settle human trafficking suit

January 3, 2018 — Two Indonesian fishermen who say they were enslaved on an American fishing boat have settled their lawsuit against the vessel’s owner seven years after escaping and receiving special U.S. visas as victims of human trafficking, their lawyers told The Associated Press on Wednesday.

The attorneys said Sorihin, who uses just one name, and Abdul Fatah settled their lawsuit against Thoai Van Nguyen, the California-based owner and captain of the Sea Queen II.

The settlement outlines steps Nguyen must take to continue to fish but does not disclose a financial award. The captain denies all allegations of abuse or human trafficking and has always followed federal laws when employing foreign crews, Nguyen’s attorney said.

The lawsuit filed in U.S. court in San Francisco claimed the men were trafficked through the Hawaii longline fishing fleet and forced to work on the boat around Hawaii and off the shores of California.

Citing federal and international human trafficking laws, the suit sought an unspecified amount of money for fees they paid and compensation they were promised along with damages for mental anguish and pain.

The lawsuit was being prepared as a 2016 Associated Press investigation revealed the Hawaii fleet operates under a loophole in federal law that allows owners to use foreign laborers with no work visas or the ability to legally enter the United States. The lawsuit was in the works when the AP reported on the men’s ordeal.

Read the full story from the Associated Press at the Washington Post

 

Sylvia Spalding: Congressman Was Wrong About Lobbying

October 10, 2017 — The Honolulu Civil Beat article “Congressman Blasts Fishery Council for ‘Improper Lobbying’” by Kirstin Downey repeats unsubstantiated and serious allegations of Congressman Gregorio Sablan (D-CNMI). These allegations could have been clarified through review of the procedures and regulations of the Western Pacific Regional Fishery Management Council, which are publicly available.

Green sea turtle petition: After considering the improved abundance and distribution information on Hawaii green sea turtles, the Council voted to direct Council staff to assist in the preparation of a request to the National Marine Fisheries Service to classify the population as a Distinct Population Segment as a step toward potential delisting.

The Council routinely makes conservation and management recommendations related to fisheries stocks, protected species and marine ecosystems, as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

Read this full opinion piece at the Honolulu Civil Beat

Federal Court Sides With American Samoa Over Large Vessel Protected Area

August 3, 2017 — PAGO PAGO, American Samoa — The federal court in Honolulu has denied the US National Marine Fisheries Service (NMFS) motion for reconsideration, to amend the court decision issued this past March that found that the NMFS 2016 rule to reduce from 50 to 20 miles the Large Vessel Prohibited Area (LVPA) in territorial waters “was arbitrary and capricious”.

MOTION DENIED

“The court has considered the Motion for Reconsideration as a non-hearing matter,” according to the one-page decision issued this past Monday. “After careful review of the motion, supporting and opposing memoranda, and the relevant legal authority, the Motion for Reconsideration is hereby denied.”

According to the decision, a written order by the court will follow, that will supersede this ruling. It’s not clear when the written order will be rendered by the court.

BACKGROUND

Besides NMFS, other defendants in the case were the US Commerce Department, and NOAA fisheries. NMFS issued a 2016 LVPA rule which became effective on Feb. 3, 2016.

Plaintiff is the Territory of American Samoa, through the Governor’s Office, or ASG. The major focus of the plaintiff’s lawsuit, filed in March 2016, centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deed of Cession for Manu’a islands — with the United States.

Read the full story at the Pacific Islands Report

Hawaiian fisherman sues to restrict foreign fishing licenses

August 3, 2017 — HONOLULU — A Native Hawaiian fisherman is asking an environmental court to stop Hawaii officials from issuing commercial fishing licenses to those who aren’t legally admitted into the United States.

Malama Chun, a Maui resident who fishes as a cultural practice, filed an appeal on July 27 of a state Board of Land and Natural Resources decision denying his petition. Chun filed his petition in April in response to an Associated Press investigation that found hundreds of foreign fishermen confined to boats and some living in subpar conditions. Hawaii grants the foreign fishermen licenses to fish, but they aren’t allowed to enter the country.

The board, which regulates fishing licenses, denied the petition last month without a hearing. Chun didn’t show how not issuing the licenses would address his concerns about overfishing and cultural practices. His attorney, Lance Collins, said Tuesday that because the board made a decision without holding a hearing or conducting any fact-finding, the board must take all stated facts as true.

Read the full story from the Associated Press at the Gloucester Times