Saving Seafood

Fishing industry leaders flag offshore wind concerns to Trump interior secretary

July 21, 2020 — Today, Interior Secretary David Bernhardt met with representatives of the commercial fishing industry to discuss their concerns with offshore wind at a roundtable organized by Saving Seafood’s National Coalition for Fishing Communities. The roundtable included representatives from Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Maryland, Delaware, Virginia and North Carolina:

Members of New England’s commercial fishing industry who feel they’ve been cast aside in the rush toward offshore wind took their concerns straight to the top of the Trump administration Tuesday in a Seaport sit-down with Interior Secretary David Bernhardt.

“The fishing industry is not anti-wind. But the fishing industry’s not been part of this process from the beginning,” said Lund’s Fisheries Chairman Jeff Reichle. “Let’s do it the right way.”

Industry representatives voiced a raft of concerns with offshore wind, including the safety of commercial and recreational boaters navigating the waters, issues towing fishing nets through the farms and the potential for disrupting marine life.

Bernhardt said he’s not looking to “whack people with an unnecessary burden if we can avoid it” but noted he’s “very eager” to pursue offshore wind “in a way that works.”

Read the full story at the Boston Herald

WTAS: Re-opening of the Northeast Canyons, Marine National Monument to Commercial Fishing

June 5, 2020 — The following was released by The Office of Congressman Rob Bishop (R-UT):

Today, President Trump announced the re-opening of the Northeast Canyons and Seamounts Marine National Monument for commercial fishing. Below is what they are saying:

“American fishermen work hard to support their communities, provide food security to the nation, and protect the environments where they make their livelihoods. President Obama swept aside a public, science-based fishery management process with the stroke of a pen. That was a mistake. Ranking Member Bishop deserves thanks for his work in opposing that sort of misuse of the Antiquities Act. We applaud today’s presidential proclamation on the Northeast Canyons and Seamounts Monument for restoring the open, collaborative, and science-based council management process that has made our fisheries a model for the world.” – Robert B. Vanasse, Executive Director, Saving Seafood

“We want to thank President Trump for recognizing the prior Administration’s actions pursuant to the Antiquities Act to unilaterally close nearly 5,000 square miles to commercial fishing operations were harmful to U.S. fishermen and their coastal communities and undermines our country’s seafood production.” Mr. Reichle added that “While everyone seems to agree our Nation’s fisheries management system achieves sustainability and our seafood production some of the safest and healthiest in the world — it is remarkable that anyone would prohibit access to large productive fishing areas with no scientific justification and the stroke of an executive pen. This President got it right and our industry appreciates the support.” – Jeff Reichle, Chairman, Lund’s Fisheries, Inc.

“Seafreeze extends our sincere thanks to President Trump for re-opening the Northeast Monument to our commercial fishing vessels. Our vessels have sustainably harvested product in the Monument area for over 30 years, and its closure meant a loss of millions of dollars a year to our company. We applaud President Trump’s decision to support our American commercial fishermen and the world’s most sustainable fisheries.” – Meghan Lapp, Fisheries Liaison, Seafreeze Ltd.

“Today, President Trump acknowledged the tremendous social and economic contributions our American Commercial Fishing Industry and the small businesses that support us provide to the American public. This Presidential support comes at a critical time for our Industry and the Nation as a whole. For this, Mr. President, we are grateful.” – Eric Reid, Rhode Island

Lund’s Fisheries Supports President Trump’s Order Promoting American Seafood

May 8, 2020 — The following was released by Lund’s Fisheries:

Jeff Reichle, Chairman of Lund’s Fisheries, Inc., issued the following statement on President Trump’s “Executive Order on Promoting American Seafood Competitiveness and Economic Growth”:

Lund’s Fisheries has been in business since 1954; I myself have been with the company since 1974. This is the first time in my memory that a sitting President has taken the time and initiative to recognize the hard work and value of this country’s fishing industry and its importance in feeding Americans.

Fishermen are notoriously independent people, seldom looking for help, and most often overlooked by their government. It is refreshing, to say the least, that the President has chosen to recognize our industry in this time of national crisis.

We at Lund’s Fisheries are extremely grateful to this Administration for this recognition and Executive Order. With 5 processing companies employing over 300 people in New Jersey, Massachusetts, and California, we are ready to continue to meet the country’s needs during this crisis.

We are especially grateful to hear that the Administration will help us with trade barriers and inequities in our international import/export business. Far too often trade barriers have been put in place by foreign nations against our products with no pushback from the U.S. government. We cannot thank the President enough for his tough negotiations on these matters, and look forward to working with his Administration on these issues following his welcomed announcement yesterday.

We further look forward to working with the Administration to ensure that the commercial wild fishing industry is able to stay healthy and vibrant without being impeded by the installation of wind turbines on historical fishing grounds. We hope that the opening sentence in section 1, which states “America needs a vibrant and competitive seafood industry to create and sustain American jobs, put safe and healthy food on American tables, and contribute to the American economy” will include safeguarding this historic industry by ensuring that our ability to produce seafood into the future will not be lost in a rush to produce subsidized wind energy at any cost.

NEW JERSEY: Feeding with Fish Through a Crisis

May 8, 2020 — Fresh and frozen seafood has been leaving Lund’s Fisheries Inc., in Cape May, despite an initial slowdown from COVID-19 restrictions closing many restaurants and other food establishments.

The company received federal funding to help offset expenses during the pandemic and has been able to keep its five facilities operating.

“I can’t say we’ve been necessarily profitable during this time,” said Wayne Reichle, president and owner, “but it was important to us that our employees and their families knew they could depend on us during this time. “The federal funding will help offset costs such as labor, leases and other expenses.”

No employees were laid off as a result of the virus, according to Reichle. There are 150 employees between their facilities in Cape May and Bridgeton. They have two facilities on the West Coast and another was recently added in Bedford, MA.

The virus and restrictions occurred during, what Reichle called, their “transition period,” when the winter fishing season ends and the summer fish and scallop season begins.

Read the full story at the Cape May County Herald

New Study: Squid fishery responsible for over 2,500 jobs, $240 million in economic impact

May 6, 2020 — The following was released by the Science Center for Marine Fisheries (SCEMFIS):

Fishing for longfin squid brings in tens of millions of dollars in annual revenue and supports thousands of full-time jobs, according to a new study from the Science Center for Marine Fisheries (SCEMFIS). The study finds that the fishery is responsible each year for over $30 million in direct revenue, over $99 million in total income, over 2,500 full-time jobs, and $243 million in total economic output in New England and the Mid-Atlantic region.

The study comes as the squid fishery faces new challenges, and was performed primarily to address potential conflicts with the growth of offshore wind energy, with many proposed developments interfering with important fishing grounds.  Like many fishing communities across the country, squid fishermen are also dealing with the effects of the ongoing COVID-19 crisis, with demand for squid products like calamari crippled by the closure of restaurants across the country.

Accurately measuring the value of the fishery—and the many jobs that it supports—is crucial not only for managing the future of the fishery from competing ocean development, but also for helping fishing communities understand the value of the fishery lost as a result of the current economic shutdown.

“Loligo squid is a significant part of our business and is also a Marine Stewardship Council-certified, sustainable fishery with its products in demand in the U.S., Europe and Asia,” said Jeff Kaelin, Director of Sustainability and Government Relations for Lund’s Fisheries, in Cape May, New Jersey. “This study shows the extent to which our fishery has grown in size and economic importance, which needs to be considered by both fishery and wind-energy regulators making decisions impacting our future.”

Despite its importance as an East Coast fishery, there have been few attempts to quantify the squid fishery’s total economic impact. The study, from Dr. Andrew M. Scheld at the Virginia Institute of Marine Science, relies on data collected from seafood processors and independent vessels, combined with well-established economic impact models to determine the fishery’s employment, revenue, and overall economic contributions.

“The squid fishery has long been an important fishery for us in New Jersey, and for fishing communities across the region,” said Greg DiDomenico, Chairman of the SCEMFIS Industry Advisory Board. “It’s important, especially as we look for ways to support the industry during these current challenges, to know what’s at stake, how many people depend on this fishery, and its economic impact, from the boats to the table.”

According to the study, fishing for longfin squid occurs primarily in Rhode Island, New York, and New Jersey, with most of the employment impact coming from the restaurant and seafood harvesting sectors. The study found that longfin squid has a significant international and domestic market; it represents 21 percent of the volume and 78 of the value of U.S. market squid landings.

SCEMFIS is part of the National Science Foundation’s Industry-University Cooperative Research Centers Program, supporting fisheries research improving the future of finfish and shellfish productivity, from the Gulf of Mexico to the Gulf of Maine. Lund’s Fisheries and the Garden State Seafood Association are original members of the Center’s Industry Advisory Board.

Massachusetts senator talks $300m seafood relief in COVID-19 call with industry

April 1, 2020 — US senator Edward Markey, a Massachusetts Democrat and one of the handful of lawmakers responsible for getting $300 million worth of assistance for the seafood industry in the recently passed $2.2 trillion coronavirus stimulus bill, talked to dozens of fishing industry leaders, state legislators and mayors on Saturday about the state of the crisis, the Cape Cod (Massachusetts) Times reports.

He warned them that it was going to get worse.

“These numbers are mounting, the number of cases, and it could go on potentially for a sustained period of time,” Markey said. He described the relief package as a life raft and said Congress was “fully prepared to come back as many times as it takes to make sure we keep all industries afloat in this health care crisis.”

The fishing industry responded that the $300m won’t be enough.

Read the full story at Undercurrent News

Markey: Aid for fishermen only the beginning

March 30, 2020 — Sen. Edward Markey warned members of the fishing community Saturday that the country was just at the beginning of the coronavirus health crisis.

“These numbers are mounting, the number of cases, and it could go on potentially for a sustained period of time,” Markey said to dozens of fishing industry leaders, state legislators and mayors on a weekend conference call.

“Three hundred million is a great start, but it’s hard to imagine it will go very far,” said Jeffrey Reichle, president of Lund’s Fisheries of Cape May, New Jersey, of the $300 million economic aid package to the fisheries, contained in the $2.2 trillion coronavirus economic stimulus bill signed Friday by President Donald Trump.

Markey said the relief package was a life raft to get them through the immediate crisis period. Congress, he said, was “fully prepared to come back as many times as it takes to make sure we keep all industries afloat in this health care crisis.”

Markey was critical of the Trump administration’s handling of the crisis and how it was affecting businesses such as the $1 billion New England fishing industry. The shortage of virus test kits, and the delay invoking wartime powers to push industries to convert to producing needed supplies such as masks and ventilators, meant they were on uncertain ground in telling them how long it might take to get back to work.

Read the full story at the Cape Cod Times

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

Family Fishermen Challenge Illegal, Industry-Killing At-Sea Monitoring Rule

February 20, 2020 — The following was released by Lund’s Fisheries and Cause of Action Institute:

Cause of Action Institute (“CoA Institute”) today filed a lawsuit on behalf of a group of New Jersey family fishermen to block a new regulation that would force them to pay for third-party “at-sea monitors.” The industry-killing rule-which was designed by the New England Fishery Management Council and promulgated by the National Oceanic and Atmospheric Administration and U.S. Department of Commerce-will require certain boats in the Atlantic herring fishery to carry “at-sea monitors” and at their own cost.

The agencies are forcing this requirement on the fisherman despite no statutory authority to do so and in addition to a separate, federally funded observing 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.

“The herring trawl fishery and been vilified and over-regulated, with little demonstrated biological benefit to the herring resource, for too long. If our vessels are forced to pay these at-sea monitoring fees, it may drive some of us out of business, as several boats have already been forced out of the fishery through reduced quotas and burdensome regulation,” said Jeff Kaelin, Director of Sustainability and Government Relations at Lund’s Fisheries, Inc., and representative for the Plaintiffs. “The herring trawl fishery is heavily monitored and regulated already-with everything from exclusion zones covering hundreds of square miles of ocean where we have historically fished, to move-along rules enforced when a mechanical failure may occur. Monitoring New England’s and the Mid-Atlantic’s commercial fisheries is an inherent governmental function. Herring fishermen have worked with the Councils for years in advancing conservation and the sustainability of the herring resource and fishery. The Omnibus Amendment will not benefit those goals in any significant way and has been developed with no Congressional authority for doing so. This is the last straw.”

At-sea monitoring is expected to cost over $700 a trip. Herring fishermen will suffer a drop in income projected as at least 20%, which will challenge companies to remain profitable and subsequently have the effect of driving up costs to lobster and crab fishermen throughout the region. Monitors are required to live with the fishermen at sea, observe their activities, check their compliance with federal regulations, and file reports upon return to the dock. This increased regulatory burden comes despite herring fishermen successfully complying with complex, multi-layered state and federal fishing regulations since the Atlantic herring fishery management plan was adopted in 1999.

As many stakeholders explained in the lead-up to the new regulation, regulators have no statutory authority to require these family fishermen to pay for their own policing. And the process by which the government imposed the new rule for the herring fishery is procedurally suspect. CoA Institute is stepping-in to stop this unlawful overreach. If the industry-funding requirement moves forward, it will imperil one of America’s oldest and most-storied professions.

“The federal government finalized this regulation despite having no authority from Congress to do so. Commercial fishermen and their friends have been raising concerns about the inadequate legal basis for industry-funded at-sea monitoring for years,” said CoA Institute Counsel Ryan Mulvey. “But regulators have ignored these arguments. We cannot let the administrative state push rules that go beyond its power and crush an already-beleaguered industry. We are proud to represent America’s fishermen.”

A copy of the Complaint can be found HERE.

Plaintiffs are represented by CoA Institute counsels Ryan P. Mulvey and Eric R. Bolinder.