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U.S. Offshore Wind: Throwing the fish and the fishermen under the bus

August 15, 2023 — Fish and fishermen are used to making their way in or on the water. But, in its rush to develop offshore wind, the U.S. Government is throwing both fish and fishermen under the bus.

The U.S. should learn from Europe, which is decades ahead in developing offshore wind. The first offshore wind farm in Europe was built 32 years ago. Since then, more than 116 offshore wind farms have been built. Europe was extremely slow in addressing the effects of offshore wind on the marine environment, but in the last decade or so they have been catching up.

In recent years, European scientists have developed and adapted various methods for qualifying changes to the marine ecosystem due to offshore wind development, beginning with establishing a baseline prior to construction. Surveys have been designed to examine stressors (physical presence and dynamic effects of turbines, acoustic, electromagnetic, etc.) and receptors (pelagic/benthic habitat, fish and fisheries, mammals, food chain, etc.), in many cases, establishing a grid covering the site of a future offshore wind farm and systematically surveying that grid, often extending the survey for some distance beyond its borders. In so doing, the scientists establish a critically important baseline of data that is needed to compare with data obtained when re-surveyed after an offshore wind farm is operational. In this way, it is possible to quantify the short, medium and long term effects of offshore wind on the marine ecosystem. It’s just common sense to do this.

Contrast this with the current U.S. approach. The Bureau of Ocean Energy Management (BOEM), the Federal agency that is the steward for all U.S. offshore properties, has repeatedly stated that they have no plans for requiring any offshore wind site to be surveyed prior to construction for the purpose of establishing a baseline of marine life. In so doing, the U.S. is simply failing to prepare for the potential effects of offshore wind on fish and fishermen, preferring to accept a highly uncertain outcome and ignoring important biological, ecological and socioeconomic effects of offshore wind development.

Read the full article at the National Fisherman

Fed-up fishermen slap Biden admin with lawsuit, say regulations sinking business

June 22, 2023 — Two fishermen slapped the Biden administration with a lawsuit that says Congress and several unelected councils are unconstitutionally regulating and overseeing fisheries.

Commercial fishermen George Arnesen of Louisiana and Ryan Bradley of Mississippi argue that Congress has placed regulatory authority in the hands of an “unconstitutional regime” that puts local fisherman “at the mercy of unaccountable bureaucrats who answers only to themselves.”

The lawsuit specifically cites the 1976 Magnuson-Stevens Fishery Conservation and Management Act, the primary law that governs marine fisheries management located within U.S. federal waters, with the plaintiffs calling it “Congress’s first comprehensive attempt to regulate fishing in federal waters.”

Read the full article at Fox News

Recreational fishing rules to be overhauled under new law

January 14, 2019 — The rules that govern recreational marine fishing in the U.S. will get an overhaul due to a new law passed by Congress, and the country’s millions of anglers and the groups that stake their livelihoods on them hope the changes will bring better management.

The new standards are part of a suite of changes that proponents call the Modern Fish Act that were approved by the House and Senate in December. Supporters of the new rules have said they will boost an industry that contributes billions to the economy, though some members of the fishing industry felt deeper rule changes were warranted.

The passage is a “big step toward implementing science-based methods” and “marks the first substantial update to the federal fisheries management system in more than a decade,” said Nicole Vasilaros, senior vice president of the National Marine Manufacturers Association, a boating industry trade group.

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

Rhode Island Environmentalists: Proposed Changes To Fishery Management ‘Could Threaten Years Of Progress’

July 19, 2018 — A local environmental nonprofit is speaking out against proposed changes to federal fishing regulations outlined under the Magnuson-Stevens Act.

The law has regulated fisheries in the U.S. since 1976. It was amended in 1996 and 2007 to help rebuild fish populations and prevent overfishing.

The U.S. House of Representatives recently passed a partisan bill with largely Republican support called H.R. 200 – Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act that could give regional fishery councils more freedom to set catch limits.

Jennifer Felt, ocean campaign director for Conservation Law Foundation, said the change could threaten years of progress.

“These new regulations established by this bill would give the (management councils) the legal flexibility to set even looser standards, and we know that this will only compound the problem for fish like Atlantic Cod that are already on the brink,” Felt said.

Read the full story at Rhode Island Public Radio

Fishing Industry Divided Over Push to Ease Catch Limits

June 4, 2018 — The number of fish stocks in the U.S. classified as “overfished” has reached an all-time low.

That was the headline of the annual “Status of Stocks” report compiled by The National Oceanic and Atmospheric Administration and released to Congress on May 17. The report found only 35 of 235 fishing stocks are overfished—the lowest number since the agency began tracking fish populations in 2000.

The news was hailed as proof, from sectors of the fishing and boating industries, that the time has now come to roll back certain fisheries regulations they view as overly burdensome and outdated.

Among the ideas being discussed are tossing out requirements that fisheries management decisions be based on peer-reviewed science, and instead giving Regional Fisheries Management Councils more “flexibility” in determining how fish stocks are divided between recreational and commercial interests.

Read the full story at Bloomberg News

Domestic and global fishing issues take center stage

December 15, 2017 — The House Natural Resources Committee on Wednesday advanced out of committee revisions to the Magnuson-Stevens Act (H.R. 200 (115)) governing marine fishing and management in federal waters. The law is intended to prevent overfishing, but several conservation groups and Democrats are critical of the way it was written. Only three out of 12 amendments to the bill passed, and the bill moved out of committee on a party-line vote, your host reports.

What lawmakers said: Rep. Raúl Grijalva (D-Ariz.), who voted against it, called it a plan to “deregulate our oceans and fish everywhere until there’s nothing left.” He added: “Like most of the bills advanced by the leadership of this committee, this bill is extreme and has no future in the Senate.” Many environmental groups also issued strongly worded statements condemning the bill.

GOP leaders, for their part, took issue with the idea that it was being rushed. “The idea we are jamming this through without ample opportunity is false,” said Rep. Don Young (R-Alaska), who noted that he had been working on this legislation for the past five years. “I recognize this bill is not perfect yet.”

What about fishing criminals? After it was clear it wouldn’t pass, Grijalva pulled back his amendment to address repeat offenders in the fisheries industry — such as Carlos “the Codfather” Rafael who last month started serving a federal prison sentence for violating federal fishing regulations. Although Young did not support this specific amendment, he and other committee members said they would work with Grijalva to revisit the issue.

Read the full story at Politico 

 

Big changes likely for national monument just outside Gulf of Maine

December 14, 2017 — Interior Secretary Ryan Zinke may have decided Katahdin Woods & Waters National Monument in northern Maine should be left as it is, but he’s proposing major changes to another monument established just last year in the Atlantic ocean, on the far side of the Gulf of Maine.

Zinke has recommended that commercial fishing activity resume in the Northeast Canyons and Seamounts Marine National Monument and two other marine monuments in the Pacific.

The marine monument, which encompasses nearly 5,000 square miles, lies outside the Gulf of Maine, roughly 100 to 200 nautical miles southeast of Cape Cod along the edge of the continental shelf. It was created by then-President Barack Obama in September 2016.

Since President Donald Trump ordered a review this past spring, Zinke has been reviewing the status of 27 monuments, five of them marine monuments, that were created by prior presidents.

Katahdin Woods & Waters National Monument in northern Maine, also created last year by Obama, was among those under review. Last week, Zinke recommended that no changes be made to the northern Maine monument.

As part of the same report, which was released Dec. 5, Zinke recommended that fisheries in the three marine monuments should be subject to the same federal laws that apply to fisheries nationwide.

Read the full story at the Bangor Daily News

 

Another Important West Coast Groundfish Stock is Rebuilt

December 12, 2017 — PORTLAND, Ore. — The following was released by the Pacific Fishery Management Council:

An important West Coast groundfish stock that was formerly overfished has now been rebuilt.

Pacific ocean perch, which is managed by the Pacific Fishery Management Council and the National Marine Fisheries Service (NMFS or NOAA Fisheries), has constrained the West Coast trawl fishery for decades. Pacific ocean perch has been overfished since the mid-1960s when foreign fleets targeted groundfish stocks, in particular Pacific ocean perch, off the U.S. West Coast.  The mandates of the 1976 Magnuson-Stevens Act, the primary law governing U.S. fisheries management, eventually ended foreign fishing within 200 miles of the U.S. coast.  The first Federal trip limits to discourage targeting and to conserve a U.S. West Coast groundfish stock were implemented for Pacific ocean perch in 1979 by the Pacific Fishery Management Council and NMFS.  Rebuilding plans for Pacific ocean perch were adopted in 2000 and 2003.

Managing groundfish fisheries under rebuilding plans has been an immense challenge for the Pacific Council and the NMFS. These plans required sharp reductions in commercial and recreational fisheries targeting groundfish, and included widespread fishing closures through the establishment of Rockfish Conservation Areas off the West Coast and other measures.

“We are pleased to see that our management strategies have been successful in rebuilding this important groundfish stock, and want to acknowledge the industries’ cooperation and sacrifice in this effort,” said Council Chair Phil Anderson.  “We also want to recognize NMFS for committing the resources to monitor and research groundfish stocks to improve the science used to sustainably manage these stocks.”

Since 2003, managing overfished species through area closures such as the Rockfish Conservation Areas has helped to reduce fishing impacts and rebuild overfished groundfish species.  In addition, the groundfish fleet has had to limit fishing for other more abundant species to avoid unintentional catch of the overfished stocks. “It is remarkable that the rebuilding of Pacific ocean perch was accomplished 34 years ahead of schedule,” said Barry Thom, Regional Administrator of NMFS’ West Coast Region.  “It is the strong partnership between fishery managers and industry and the strong commitment to catch limitations that allowed it to happen.”

These strategies have been used to successfully rebuild eight groundfish stocks, including Pacific whiting, bocaccio, darkblotched rockfish, lingcod, canary rockfish, widow rockfish, petrale sole, and Pacific ocean perch.  Canary rockfish was declared rebuilt in 2015 and earlier this year, bocaccio and darkblotched rockfish were also declared rebuilt. These successes reflect the support and sacrifice of West Coast ports and fishermen who recognized the difficult actions and fishing cutbacks necessary to restore the stocks.

Only two overfished stocks—cowcod and yelloweye rockfish—continue to be managed under rebuilding plans.  Both have shown dramatic rebuilding progress, with cowcod projected to be rebuilt by 2019 and yelloweye rockfish as soon as 2027.  Improvements in the status of these two stocks, coupled with the successful rebuilding of the other eight groundfish stocks declared overfished in the past, will lead to increased fishing opportunities beginning in 2019.  The Pacific Council is scheduled to make their final decisions on 2019 and 2020 groundfish fisheries next June at their meeting in Spokane, Washington.

Process

The Pacific ocean perch assessment was developed by NMFS scientists at the Northwest Fisheries Science Center and was reviewed in the Council’s stock assessment review process with a final endorsement by the Council Scientific and Statistical Committee.  On December 11, NMFS formally determined the stock’s status as rebuilt.

Council Role

The Pacific Fishery Management Council is one of eight regional fishery management councils established by the Magnuson Fishery Conservation and Management Act of 1976 for the purpose of managing fisheries 3‐200 nautical miles offshore of the United States of America coastline.  Altogether, the Pacific Council manages more than 100 species of groundfish. The Pacific Council recommends management measures for groundfish and other ocean fisheries off the coasts of California, Oregon, and Washington.

On the Web:

  • Pacific Fishery Management Council: http://www.pcouncil.org
  • Pacific ocean perch stock assessment: http://www.pcouncil.org/wpcontent/uploads/2017/10/F4_Att1_Full_E-only_PacificOceanPerch2017_Assessment_NOV2017BB.pdf
  • NOAA Fisheries article on rockfish rebuilding: https://go.usa.gov/xNvCV

 

Commerce extended red snapper season knowing it would lead to overfishing, memos reveal

October 16, 2017 — WASHINGTON — Internal memos show top Trump administration officials knew extending the recreational fishing season in the Gulf of Mexico from three to 42 days this summer would lead to significant overfishing.

But they did it anyway.

In memos released in response to a lawsuit, Commerce Department officials defended the move by saying that keeping the three-day season would be “devastating” to the recreational marine industry and the communities whose economies are tied to it.

And extending the time would also help solve a long-running dispute with states who have much longer seasons and want to wrest control of red snapper management from federal managers, they argued.

“It would result in overfishing of the stock by six million pounds (40%), which will draw criticism from environmental groups and commercial fishermen,” Earl Comstock, director of Policy and Strategic Planning for Commerce, conceded in a June 1 memo to his boss, Secretary Wilbur Ross. “However NMFS (National Marine Fisheries Service) agrees that this stock could handle this level on a temporary basis.”

Read the full story at USA Today

Fisheries Councils Express Concern Over Marine Monuments in Letter to President Trump

WASHINGTON (Saving Seafood) — March 24, 2017 — The Council Coordination Committee (CCC), comprised of representatives from the eight regional fisheries management councils, wrote to President Trump this month expressing its concern with the designation of marine national monuments under the Antiquities Act, and explaining how monuments have already adversely impacted commercial fishing activity.

“Designations of marine national monuments that prohibit fishing have disrupted the ability of the Councils to manage fisheries throughout their range as required by [the Magnuson-Stevens Act] and in an ecosystem-based manner,” the Committee wrote. “Our experience with marine monument designations to date is that they are counterproductive to domestic fishery goals, as they have displaced and concentrated U.S. fishing effort into less productive fishing grounds and increased dependency on foreign fisheries that are not as sustainably managed as United States fisheries.”

The Committee also reiterated its support for regional fisheries management, noting that through the Council process over 1,000 individual spatial habitat and fisheries conservation measures have been implemented, protecting more than 72 percent of U.S. ocean waters.

“The Councils use a public process, in a transparent and inclusive manner, and rely on the best scientific information available as required by the MSA,” the Committee wrote.

Read the full letter here

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