Magnuson-Stevens Act Archives

NOAA Fisheries Closes Nantucket Lightship and Closed Area I Closure Areas to Gillnet Gear

December 16, 2019 — The following was released by NOAA Fisheries:

In compliance with a recent Federal District Court Order, NOAA Fisheries is implementing a closure of the Nantucket Lightship and Closed Area I Groundfish Closure Areas for gillnet gear only.

This rule is effective tomorrow. All gillnetters must remove their gillnet gear from these areas as soon as possible, consistent with safe vessel operations.

Background

The October 28, 2019, Court Order prohibits NOAA Fisheries from allowing gillnet fishing in the former Nantucket Lightship Groundfish Closure Area and the Closed Area I Groundfish Closure Areas (see map below) until NOAA Fisheries has fully complied with requirements of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act, consistent with the Opinion.

After the Order was issued, we notified gillnetters in these areas on November 1 that all gillnet gear needed to be removed from these two areas and that we would be issuing a formal rule closing these areas. That formal rule has now been issued.

Read the full release here

Marin Voice: Huffman’s interest in fisheries act is commendable

November 26, 2019 — A once-in-a-decade opportunity for everyone to weigh in on the management of our fisheries has been put into motion.

The Magnuson-Stevens Fishery Conservation and Management Act is the primary federal law that governs all management of marine fisheries in federal waters of the United States. The act governs both commercial and recreational fishing sectors. First enacted by bi-partisan legislation in 1976, it has been reauthorized and amended by Congress in 1996 and 2006. The intent was to update and reauthorize the MSA every 10 years. Obviously, a reauthorization in 2016 did not occur and the MSA has remained essentially unchanged since 2006.

U.S. Representative Jared Huffman has set a goal to have the MSA reauthorized in the spring of 2020. To that end, he is holding a series of roundtable meetings throughout the country to gather input from all stakeholders as to how they feel the MSA can be updated and improved. I attended, as an audience member, the roundtable that was held in San Francisco on Oct. 7.

Congressman Huffman presided over a panel of 11 people who represented organizations concerned with commercial and recreational fishing. Congressman Huffman set the tone by stating that he was there to listen and gather information and opinions from all parties. He also stressed that he will try to garner bi-partisan support for the reauthorization process. He took extensive notes and asked questions for clarification. No conclusions or rebuttals were offered. It was truly an information-gathering atmosphere.

Read the full story at The Marin Independent Journal

Rep. Huffman Travels Coast to Coast to Receive Input on Fisheries Policy

November 25, 2019 — The following was released by The Office of Congressman Jared Huffman (D-CA):

Over the past week, Representative Jared Huffman (D-San Rafael), Chair of the Water, Oceans, and Wildlife Subcommittee, traveled across the country to complete the third and fourth stops on his nationwide listening tour on federal fisheries policy. These events are designed to engage diverse perspectives, interests, and needs of individuals who have a stake in the management of ocean and fisheries resources.

During the listening sessions in Baltimore and Seattle, Representative Huffman heard from industry stakeholders, 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.

“Each stop on this tour has shown me that while there are varying issues and perspectives in each region, there are also common threads that tie us together. The Magnuson-Stevens Act has made the U.S. a leader in sustainable fisheries, but there may be room to look forward and address future challenges for coastal communities and the fishing industry,” said Rep. Huffman. “Hearing from stakeholders and experts on both coasts has been an incredibly valuable and informative endeavor and given me ideas to consider in a reauthorization of the Magnuson-Stevens Act. I look forward to picking back up early next year.”

“By crisscrossing the country, Chairman Huffman is showing his true commitment to listening to all points-of-view about our nation’s valuable ocean resources. This fourth listening session, as with the previous three in California and Maryland, produced a thoughtful and well-rounded discussion on the future of federal fisheries policy with the people who have day-to-day investments in healthy and abundant fish populations,” said Robert C. Vandermark, executive director of the Marine Fish Conservation Network. “We continue to support Chairman Huffman’s efforts to spend time outside the DC beltway listening to the experience and knowledge of those in our coastal communities and working waterfronts.”

Rep. Huffman’s goal for this listening tour is to assess whether improvements to the Magnuson-Stevens Act are needed and if so, what they should be. More information, a public comment page, and the full press release for this tour can be found on our website here.

The Magnuson-Stevens Fishery Conservation and Management Act (also referred to as the Magnuson-Stevens Act or MSA) is the primary law governing the management and conservation of commercial fisheries in federal waters.

The MSA was last reauthorized and extensively amended in 2006 (P.L. 109-479). Although the authorization of appropriations expired at the end of Fiscal Year 2013, the law’s requirements remain in effect and Congress has continued to appropriate funds to administer the act.

Videos from the listening sessions can be accessed through Representative Huffman’s Facebook page here.

Huffman in Seattle, WA for Next Stop on Fisheries Listening Tour

November 21, 2019 — The following was released by The Office of Congressman Jared Huffman (D-CA):

Congressman Jared Huffman (D-San Rafael) Chair of the House Subcommittee on Water, Oceans, and Wildlife, will be hosting the next stop on his listening tour tomorrow, Friday, November 22, at 1:45p.m. in Seattle, Washington. This is the third stop on a nationwide listening tour on federal fisheries management designed to engage diverse perspectives, interests, and needs of individuals who have a stake in the management of federal ocean and fisheries resources. The event is free and open to the public and press.

Members of the press interested in attending should submit their RSVP to Mary Hurrell atmary.hurrell@mail.house.gov.

WHO: Congressman Jared Huffman, fisheries and oceans experts

WHAT: Discussion on federal fisheries management

WHEN: Friday, November 22, 2019 @ 1:45p.m. – 3:45p.m. PST

WHERE: Seattle Aquarium, 1483 Alaskan Way, Pier 59, Seattle, WA 98101-2015

Representative Huffman’s panel discussion with experts and stakeholders will include a detailed, technical examination of current and future challenges in federal fisheries management and will explore potential solutions. Guests will be able to submit written questions during the roundtable and provide public comments at its conclusion.

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, can be found here.

ALASKA: City of Adak Asks Court for One-Year Stay to Keep Plant Open for Cod A Season

November 19, 2019 — SEAFOOD NEWS — Last week the city of Adak asked a federal court to stay their order from last March — until January 1, 2021 — so the city’s only processing plant can operate during the Pacific cod season next year.

The March 2019 court decision agreed with plaintiffs representing the Bering Sea bottom trawl fleets that target flatfish, mackerel and cod, that Amendment 113, setting a 5,000 mt cod set-aside for remote villages in the Aleutian Islands, was not compliant with the Magnuson-Stevens Act.

The court vacated Amendment 113 and instructed the North Pacific Fisheries Management Council to work on an amendment that would comply with the legislation in specific areas.

The Council took up the issue, beginning an arduous process of analysis, developing alternatives, and public comment that will take at least another 18 months.

Meanwhile, representatives of the Adak plant, central to the economy of the 350-resident community, began an ambitious effort to find a pathway that would allow the set-aside to continue while the Council worked on corrections to a new amendment. But their efforts fell short, whether it was a plea for emergency action or language in new federal legislation for a temporary fix, last summer.

Even though the Council asked industry sectors to work together for a solution that could keep the Adak plant viable, there was no longer any authority providing a separate allocation for Adak, and little incentive to find an industry-based workaround.

In addition, all fleets targeting Pacific cod in the Bering Sea and the Aleutian Islands were well aware of the recent situation for cod stocks. Recent scientific assessments indicate the biomass is increasing in the northern Bering Sea and decreasing in traditional areas. Was the biomass moving north? How fast? Could the fish be crossing over to Russian waters? The ‘race for fish’ nature of the BSAI fishery made even the previously acceptable 5,000 mt set-aside — now vacated and available to anyone — more valuable than it was a few years ago.

Last Wednesday’s Memorandum in Support of Defendant-Intervenors’ Motion for Limited Relief From Judgment and Indicative Ruling included declarations of support from Adak as well as the Alaska Department of Fish and Game, Golden Harvest plant owner Jason Ogilvie, the Adak School District, and other private enterprises that rely on the winter operations of the plant.

City Manager Lyle Lockett noted that without continuous operation of its sole fish processing plant, Adak will see cascading economic impacts causing irrepairable harm to the community, including the city stopping subsidies to the school district, the medical clinic, the library, the gymnasium, and the community center.
“Shutting down the City Hall building would force all of these services to scramble to find a new location on the island, perhaps in private residences, which would be disruptive and likely expensive for Adak’s residents,” according to the memorandum.

Adak’s only school serves 19 students, 13 whose parents are employed directly or indirectly through the Adak plant. If enrollment drops to 10 or less, the state of Alaska’s subsidies stops and the school shuts down.

Both the crab and cod fleets that deliver to Adak would have no option other than Dutch Harbor to deliver their catch to — a 450-mile one-way trip.

The request asks the court to respond by January 10, 2020, ten days before the A season begins next year. The motion supporting the stay was filed while the original decision is under appeal, and would be subject to that ruling if it came before.

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

Huffman Announces Seattle, WA as Next Stop on Fisheries Listening Tour

November 19, 2019 — The following was released by The Office of Congressman Jared Huffman (D-CA):

Congressman Jared Huffman (D-San Rafael) Chair of the House Subcommittee on Water, Oceans, and Wildlife, announced today that he will be hosting the next stop on his listening tour on Friday, November 22, at 1:45p.m. in Seattle, Washington. This is the third stop on a nationwide listening tour on federal fisheries management designed to engage diverse perspectives, interests, and needs of individuals who have a stake in the management of federal ocean and fisheries resources. The event is free and open to the public and press.

Members of the press interested in attending should submit their RSVP to Mary Hurrell at mary.hurrell@mail.house.gov.

WHO: Congressman Jared Huffman, fisheries and oceans experts

WHAT: Discussion on federal fisheries management

WHEN: Friday, November 22, 2019 @ 1:45p.m. – 3:45p.m. PST

WHERE: Seattle Aquarium, 1483 Alaskan Way, Pier 59, Seattle, WA 98101-2015

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

Food security starts at sea

November 13, 2019 — By 2050, global food production must increase by 70 percent to keep up with population growth. The pressure to grow, harvest and create more protein from America’s resources will be immense. Yet, America owns vast wealth in and near our coastal communities that permeates across state lines. This wealth must be protected for businesses, community survival and our nation’s food security.

Every summer, the wealth of our fisheries is seen coast to coast. Wild salmon return to pristine Alaskan waters, striped bass reappear near New England’s shores, and red snapper congregate in the Gulf of Mexico. As leaders of the Seafood Harvesters of America and lifelong fishermen, we shared stories like these — the story of the American fisherman — during the summer’s Capitol Hill Ocean Week.

Like any robust American resource, fisheries connect businesses, communities and families across the nation around hard work and resiliency. Renewable and sustainably managed, it has the capacity to help feed us in perpetuity.
But does it?

In 2017, U.S. commercial fishermen landed an astounding 9.9 billion pounds of seafood. Americans love the idea of eating American seafood. We celebrate it on menus and grocery store banners, devour dramatic fishing documentaries, and honor its heritage in our coastal towns. As a nation we’ve prioritized sustainability through laws like the Magnuson Stevens Act, which is why 91 percent of America’s fishery stocks are not overfished today — and that number is only improving.

Read the full story at National Fisherman

Gillnet Fishing: Closed Area I and Nantucket Lightship Closure Areas

November 4, 2019 — On October 28, 2019, Federal District Court Judge James E. Boasberg issued an Order and Opinion on a lawsuit challenging a portion of the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2.

The Order prohibits NOAA Fisheries from allowing gillnet fishing in the former Nantucket Lightship Groundfish and the Closed Area I Groundfish Closure Areas, until such time as NOAA Fisheries has fully complied with requirements of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act, consistent with the Opinion.

NOAA Fisheries is studying the Opinion and will put regulations in place as soon as possible to comply with the Order to close the areas to gillnet fishing until further notice.

Read the full story at NOAA Fisheries

DAVID GOETHEL: Food sovereignty to include New England fisheries

October 31, 2019 — According to a study released in 2012 by the United Nations Food and Agriculture Organization, between 3.9 and 4.5 billion people get all or most of their protein sustenance from wild caught seafood. The Commerce Department reports that, despite having one of the largest exclusive fishing zones in the world, the United States imports more than 90% of its seafood.

These two facts should concern the American public and our presidential candidates, yet fishery policy is seldom if ever mentioned on the campaign trail. Every candidate has an agricultural policy, just look at the traffic jam of candidates at Iowa state fairs. Fishermen and farmers contribute over $230 million to the state’s economy annually. However, ask a candidate about the Magnuson-Stevens Fishery Management Act and you will likely get a blank stare.

All candidates have national security policies and food security is inextricably linked to national security. A country that is self-sufficient in fishing and farming is also secure. Long supply chains, often involving countries that do not necessarily have the United States best interests at heart, is inherently risky. So why has this issue not been addressed in the most recent iteration of Magnuson?

Read the full story at Sea Coast Online

In Court Ruling on Right Whales, Good News for Scallop Fishery

October 30, 2019 — The following was released by the Fisheries Survival Fund:

A federal district court has ruled this week that the National Marine Fisheries Service (NMFS) violated both the Endangered Species Act and Magnuson-Stevens Act in allowing gillnet fishing in areas frequented by right whales. While the Fisheries Survival Fund (FSF) was a Defendant-Intervenor in the case, the ruling contains good news for the scallop fishery.

At issue are provisions in Omnibus Habitat Amendment 2 (OHA2), which updated the network of closed areas and habitat protections off the coast of New England. The suit, filed by the Conservation Law Foundation and Earthjustice, alleges that OHA2 put right whales at risk by opening offshore areas near Nantucket to commercial fishing.

While the U.S. District Court for the District of Columbia ruled that allowing gillnet fishing in these areas did have the potential to harm right whales, and thus violated the Endangered Species Act, the Court’s ruling does not affect the scallop fishery, which will continue to be allowed to operate in these areas.

Specifically, the Court noted, “because Plaintiff’s summary-judgment motion does not contest the Habitat Amendment’s changes to the Scallop [Fishery Management Plan], Defendant-Intervenor Fisheries Survival Fund’s arguments, which relate only to that fishery, are rendered moot.”

This means that while the Court acted to prevent gillnet fishing in the newly opened areas, it did not overturn OHA2, nor did it stop scallop fishing in these areas. This is consistent with FSF’s long-standing position in the case, which is that the scallop fishery is not a threat to right whales, and that scallop fishing is not impacting right whale conservation.

Read the full opinion here .

Read the full order here .