Saving Seafood

Fishing interests fight ocean closures bill

November 20, 2020 — A national coalition of seafood industry and commercial fishery stakeholders is mobilizing against congressional legislation that would exclude commercial fishing from wide swaths of the nation’s fisheries.

The House bill, filed in late October by U.S. Rep. Raul Grivalja of Arizona, seeks to use “marine protected areas” to ban all “commercial extractive use” across 30% of the nation’s exclusive economic zone by 2030. The closures would be part of the so-called “30×30” strategy to conserve 30% of ocean habitat worldwide by the 2030 target date.

In a letter to Grivalja, more than 800 fishing stakeholders, including the Gloucester-based Northeast Seafood Coalition, framed the conservation-fueled proposal as an undermining threat to the Magnuson Stevens Fishery Conservation and Management Act and an assault on the economic viability of fishing communities from New England to Alaska.

“Members are the commercial fishing industry are very concerned about the attempt to undermine the Magnuson Act via these proposed pieces of legislation,” said Jackie Odell, executive director of the Northeast Seafood Coalition.

Read the full story at the Gloucester Daily Times

Senators introduce Fishermen’s Fairness Act

October 29, 2020 — Last week Senators Jack Reed and Sheldon Whitehouse introduced Senate Bill S. 4804, the Rhode Island Fishermen’s Fairness Act. The bill would amend the Magnuson-Stevens Act (MSA), the fishing law of this nation, to add Rhode Island to the list of seven states represented on the Mid-Atlantic Fishery Management Council. The Council is one of eight regional bodies that regulate fishing with NOAA.

The Senate bill would give Rhode Island two new voting seats on the council. Many of the fish caught off our coast are regulated by the Mid-Atlantic Council, yet Rhode Island has no representation on the Council.

Senator Reed said, “The Mid-Atlantic Fishery Management Council is a key decision making body that determines what happens off the coast of Rhode Island, but our state doesn’t have a seat on the Council.” Senator Whitehouse, said, “As climate change heats up the oceans, fish that once lived in the warmer mid-Atlantic have migrated north to the waters off New England.”

Representatives Jim Langevin and David Cicilline of Rhode Island are expected to introduce a companion bill in the House of Representatives.

Ocean-based Climate Solutions Act to address climate change impacts

Read the full story at The Cranston Herald

Industry tackles the role of fish monitors

October 12, 2020 — Commercial fishermen invest a great deal in their businesses, both in terms of money — boats, equipment and crew to name a few expenses – as well as time — marketing, selling and scouting, again to name just a few tasks.

They also invest in the industry’s future, weighing in on myriad edicts that make commercial fishing one of the most heavily regulated industries in the country.

So when Congressman Jared Huffman, D-California, took his Magnuson-Stevens Act listening tour to New England – albeit virtually on account of the pandemic – Captain Eric Hesse was there. Hesse, representing the Cape Cod Commercial Fishermen’s Alliance, was appreciative of the chance to share thoughts.

“We all have things we think about and we muse about as we spend our time on the water and certainly accountability in New England’s groundfishery is one of those big issues for me,” Hesse said, sitting at his computer late last month, pictures of his boats in the background.

Accountability – keeping strict tabs on the catch – has been talked about for decades. Hesse, who has monitoring cameras on his boat for every trip, believes that 100 percent coverage would drive better science and help bring back the iconic cod fishery. Others disagree on the need for full coverage either through human observers or cameras.

Read the full story at Wicked Local

New Bedford Port Director Proposes Reforms to Magnuson-Stevens Act in Latest Congressional Listening Session

October 2, 2020 — The following was released by the Port of New Bedford:

This week, Ed Anthes-Washburn, Director of the Port of New Bedford, proposed improvements to the Magnuson-Stevens Act during the latest fisheries listening session conducted by Congressman Jared Huffman (D-CA), Chairman of the House Subcommittee on Water, Oceans, and Wildlife. As part of his testimony, Director Washburn called for changes to the term “overfishing”; more collaboration between fishermen, regulators and scientists; greater flexibility in rebuilding periods and catch limits; a legislative fix for the conflict between fisheries management and national monuments; and maintaining and enhancing funding for fisheries research.

Representing the nation’s highest grossing fishing port, Director Washburn called for threatened fish stocks to be labeled as “depleted” instead of “overfished,” a charged term that may not accurately describe why a stock is diminished, and may innacurately imply that fishermen are to blame.

“There can be a number of reasons for the loss of biomass of a given fish stock that have nothing to do with fishing activity, including the effects of climate change, pollution, changes in migration patterns, or other reasons,” Director Washburn said.

Chairman Huffman agreed, saying, “I know that we have situations, salmon in California for example, where the overfish framework applies because the numbers are down, but it is not the fishermen’s fault.” Chairman Huffman cited drought impacts and diversions of water that have forced the closure of the salmon fishery, making the term “overfishing” “a completely inaccurate term that many fishermen feel like is highly disparaging.”

Chairman Huffman also asked Director Washburn specifically about the success of the Atlantic scallop fishery, which Director Washburn attributed to buy-in from industry, regulators, and scientists. Programs like NOAA’s Scallop Research Set-Aside, in which a portion of the industry’s scallop profits go to research projects, as well as collaborative research from the University of Massachusetts Dartmouth’s School for Marine Science & Technology have led to high confidence in the fishery’s management. Director Washburn called for a Magnuson-Stevens Act reauthorization that encourages a systematic approach to cooperative research.

In his testimony, Director Washburn expressed support for flexibility in rebuilding periods and annual catch limits. The current 10-year rebuilding requirement places unrealistic mandates on fishery managers since many stocks lack proper scientific data, leading to overly conservative catch limits. Greater flexibility for managers in setting catch limits would also help to achieve the Magnuson-Stevens Act’s goal of optimum yield on a continuing basis.

Director Washburn also called for a legislative fix to the conflicting goals of the Magnuson-Stevens Act and the Antiquities Act. While President Trump recently allowed fishing to resume in the Northeast Canyons and Seamounts Marine National Monument, Director Washburn reiterated the industry’s concerns with the process that led to the monument’s creation. “The process that led to the designation lacked the scientific rigor and industry input that ordinarily come with temporary ocean closures, much less a permanent closure,” Director Washburn said.

Director Washburn concluded his testimony by calling for maintaining and enhancing funding for fisheries research. He recommended using funds from offshore wind lease sales to ensure NOAA has the funding to adequately review offshore wind plans and conduct vital stock assessments.

Floating fish farms in Gulf of Mexico could get green light with Congressional bill

September 30, 2020 — A new bill in Congress would open the Gulf of Mexico and other federal waters to offshore fish farming, a controversial idea backed by President Donald Trump’s administration but opposed by environmental groups and elements of the seafood industry that depend on wild fisheries.

Introduced Thursday and sponsored by U.S. Senators Roger Wicker, R-Mississippi, Marco Rubio, R-Florida, and Brian Schatz, D-Hawaii, the Advancing the Quality and Understanding of American Aquaculture (AQUAA) Act aims to accomplish what a recent federal court decision said was impossible unless Congress intervened.

Last month, the U.S. 5th Circuit Court of Appeals in New Orleans blocked federal rules that would have allowed offshore fish farming for the first time in the Gulf, considered potentially a prime area for raising high-value fish in large floating pens. The court said federal regulators lack the authority to “create an entire industry” not mentioned in the Magnuson-Stevens Act, the primary law governing fisheries since 1976.

Read the full story at NOLA.com

Huffman hosts New England listening session to discuss federal fisheries policy

September 30, 2020 — U.S. Representative Jared Huffman (D-California) held the latest in a series of listening sessions online on 28 September in order to gauge stakeholder’s thoughts on fisheries management, particularly the Magnuson-Stevens Act.

Huffman, the chair of the House Subcommittee on Water, Oceans, and Wildlife, has been hosting listening sessions featuring local stakeholder groups from various regions across the country. Originally intended to be in-person visits to parts of the U.S., all sessions have been taking place remotely due to the COVID-19 pandemic.

Read the full story at Seafood Source

Huffman Resumes Nationwide Listening Tour

September 30, 2020 — The following was released by The Office of Congressman Jared Huffman (D-CA):

On Monday, Congressman Jared Huffman (CA-02), Chair of the House Subcommittee on Water, Oceans, and Wildlife, hosted the latest session on his nationwide fisheries listening tour for a discussion on federal fisheries policy in the context of the New England fishery management region. Huffman’s listening tour has previously visited Hawaii, the Gulf Coast, Florida, Seattle, Maryland, San Francisco, and Eureka, California.

“New England has a long and storied history of fishing, and communities in this region depend on healthy oceans and coasts,” said Rep. Huffman. “There are many challenges facing the fishing industry today; as we all know the COVID-19 pandemic has impacted the entire country, but the fishing industry has been hit particularly hard. The New England region is also seeing some of the most drastic ocean warming on the planet. This was an important conversation about how we can support fisheries through science and sustainability as they meet these crises head-on.”

Representative Huffman heard from a range of stakeholders, including fishermen, advocates, scientists, and members of the public, who gave feedback on the current state of fisheries management under the Magnuson-Stevens Act and what they hope to see in future federal fisheries policy. Rep. Huffman was joined by Representatives Seth Moulton (MA-06), Chellie Pingree (ME-01), Ed Case (HI-01), Joe Courtney (CT-02), Bill Keating (MA-09), and a video appearance by Senator Ed Markey (MA).

The ideas Huffman receives from this listening tour, and from other stakeholder outreach that is already underway, will inform his introduction of a reauthorization of the Magnuson-Stevens Act, the primary law governing fisheries management in U.S. federal waters.

More detail on Huffman’s listening tour, which was first announced in July 2019, can be found here.

Click the following links to watch a recording of Monday’s event on Facebook or Youtube.

Virtual ‘listening session’ with fishery stakeholders precedes bill reathorization

September 29, 2020 — Congresswoman Chellie Pingree and other members of Congress hosted a virtual listening session today with leaders from New England’s fisheries.

The event was a chance to assess the needs of individuals who have a stake in the management of federal ocean and fisheries resources. The main goal of the listening session was to help inform California Congressman Jared Huffman’s introduction of a reauthorization of the Magnuson-Stevens Act.

It’s the primary law governing fisheries management in U.S. federal waters.

Read the full story at WABI

Senate bill would establish U.S. offshore aquaculture rules

September 28, 2020 — A bill newly introduced in the Senate would establish a federal regulatory system for offshore aquaculture, opening a pathway to large-scale fishing farming in the U.S. exclusive economic zone.

Sponsored by Sens. Roger Wicker (R-Miss.), Brian Schatz (D-Hawaii) and Marco Rubio (R-Fla.), bill S-4723 would clear the way for the Department of Commerce in its drive to create new aquaculture zones – an effort so far stymied by the federal courts.

In an Aug. 3 decision, the Fifth Court of Appeals upheld a 2018 lower court ruling that the Department of Commerce and NMFS lack legal authority to issue permits for aquaculture in the Gulf of Mexico.

In its 2-1 decision, the appeals panel found in favor of critics who argued the Magnuson-Stevens Fishery Conservation and Management grants the agency no power to permit fish farming in federal waters.

“If anyone is to expand the 40-year-old Magnuson-Stevens Act to reach aquaculture for the first time, it must be Congress,” according to the court’s opinion.

Read the full story at National Fisherman

Nation’s Fishery Management Councils Recommend Ways to Support American Seafood, Improve Coordination with National Marine Fisheries Service

September 28, 2020 — The following was released by the Western Pacific Regional Fishery Management Council:

Leaders of the nation’s eight Regional Fishery Management Councils concluded their second biannual meeting in 2020 yesterday by videoconference. The Council Coordination Committee (CCC) meeting provides the Councils and heads of the NOAA National Marine Fisheries Service (NMFS, also known as NOAA Fisheries) an opportunity to discuss issues relevant to all of the Councils. Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), each Council is authorized to develop, monitor and amend fishery management plans for federally managed fisheries in its region. Once approved by the Secretary of Commerce, these plans are implemented by NMFS. The two-day meeting was open to the public and hosted by the Western Pacific Council. Among its recommendations, the CCC addressed President Trump’s Executive Order (EO) 13921 on Promoting American Seafood Competitiveness and Economic Growth, new National Environmental Protection Act (NEPA) measures issued by the White House Council on Environmental Quality (CEQ), and NMFS coordination on a proposed National Seafood Council and on overfishing technical guidance.

EO 13921 aims to strengthen the American economy, improve the competitiveness of American industry, ensure food security, provide environmentally safe and sustainable seafood, support American workers, remove unnecessary regulatory burdens and ensure coordinated, predictable and transparent Federal actions. At its May 2020 meeting, the CCC released a preliminary joint statement, and, subsequently, each Council provided its own regional recommendations or status in the process of identifying potential changes to regulations, orders, guidance documents and other similar agency actions. The May 2020 CCC letter highlighted the consequences of marine national monuments on the Nation’s fisheries and can be found at www.fisherycouncils.org/ccc-correspondence. Yesterday, the CCC requested that NMFS continue to brief the CCC and the individual Councils on the review and implementation of their recommendations.

EO 13921 also includes actions for more effective permitting related to offshore aquaculture and long-term strategic planning to facilitate aquaculture projects. Taking this into account, the CCC yesterday recommended that its consensus statement on aquaculture be revised and considered for review at the next CCC meeting planned for May 2021.

The CCC also recommended that NMFS coordinate with the Councils to release the aquaculture programmatic environmental impact statement (EIS) for public comment. The EIS assesses the impacts of siting aquaculture facilities. The CCC further recommended that NMFS, prior to identification of Aquaculture Opportunity Areas (AOA), provide the spatially referenced data used to identify the AOAs and that the Councils be included on the AOA implementation teams.

Another initiative to support and increase the value of sustainably managed U.S. fisheries is an industry-led National Seafood Council that the NMFS Marine Fisheries Advisory Committee recently recommended. In regard to this proposal, the CCC requested that NMFS evaluate the NOAA FishWatch criteria for the purpose of serving as an equivalent to third-party certification deeming U.S. fishery products as sustainable. The CCC requested that NMFS report on the utility of FishWatch for this purpose and any possible alternatives by the May 2021 CCC meeting. Information on NOAA FishWatch can be found at www.fishwatch.gov.

Several other recommendations by the CCC focused on improving coordination between the Councils and NMFS.

The CCC moved to create a CCC subcommittee to make recommendations to NMFS in developing guidance on the new NEPA rule announced by CEQ on July 15, 2020. Such guidance could include determining and implementing the functional equivalency provision of the new rule, which would address current duplication in MSA and NEPA requirements. Signed into law in 1970, NEPA requires Federal agencies to consider the environmental effects of proposed major Federal actions significantly affecting the quality of the human environment.

The CCC requested that NMFS circulate draft reports of its National Standard 1 Technical Working Groups through the Councils with sufficient time for the Councils to consult with their Scientific and Statistical Committees and develop a response through their full Councils. The MSA contains 10 National Standards. Standard 1 says conservation and management measures must prevent overfishing while achieving, on a continuing basis, optimum yield from each fishery for the U.S. fishing industry. The issues addressed by the Working Groups were estimating fish population reference points, quota carry-over and phased-in catch limits, and alternative management approaches due to data limitations.

The CCC also requested that the NMFS Office of Sustainable Fisheries form a working group comprised of NMFS and Council staff members to determine alternative approaches to the use of annual catch limits (ACLs) to manage data limited stocks. The 2006 reauthorization of the MSA mandated that overfishing be addressed through enforceable ACLs that cannot exceed scientific recommendations. Alternative approaches identified in the CCC recommendation include those that are based on fishing mortality rates, fish lengths and fishing trip limits, among others.

For more information on the CCC meeting, go to http://www.fisherycouncils.org/ccc-meetings/september-2020-ccc-meeting.