Magnuson-Stevens Act Archives

US Court strikes down charter boat tracking rule

February 27, 2023 — An appeals court has struck down a federal fisheries management rule requiring operators of privately owned charter boats in the Gulf of Mexico to equip their vessels with tracking devices, a victory for a group of Louisiana and Florida charter operators who challenged the rule in a 2020 lawsuit.

Thursday’s ruling by a panel of the 5th U.S. Circuit Court of Appeals in New Orleans reversed a lower court decision upholding the regulation, which had been developed to help regulators keep track of the amount of fish caught on recreational charter vessels.

Rejecting government arguments, the panel said that tracking devices are not the type of equipment regulators can require on recreational vessels under a federal fishing regulation law passed by Congress — the Magnuson-Stevens Act.

Read the full article at the Washington Post

Forcing fishermen to pay for the privilege of being monitored

November 30, 2022 — Imagine you live somewhere in small-town America where residents routinely exceed the posted speed limits. To address this problem, the town council votes to require a police officer to ride along with each member of the community every time they venture out in an automobile.

The purpose of the new program is to make sure the speed limits are obeyed. Anyone caught speeding is fined to pay for the program. It sounds like a win-win for everyone, but there’s a problem: The people who designed the program underestimated how much it would cost — there being a fair number of people in the town who go places by car — but overestimated the amount of money it would bring in from fines assessed on people caught driving above the posted limits.

Read the full article at The Washington Times

Magnuson-Stevens changes move through House committee

September 30, 2022 — The House Natural Resources Committee voted Thursday to report out the Sustaining America’s Fisheries for the Future Act, setting a course for Congressional action on the first major overhaul of federal fisheries law in 16 years.

Known as H.R. 4690, the measure would amend the Magnuson-Stevens Fishery Conservation and Management after a three-year effort headed by lead sponsor Rep. Jared Huffman, D-Calif. Huffman and supporters say the measure is needed to update the law, especially in recognition of long-term climate changes effects on fisheries.

H.R. 4690 “addresses for the first time the impacts of a changing climate on U.S. fisheries and incorporates the growing reality of climate change into proactive fisheries management planning, including preparing for a geographic shift in fish stocks due to warming waters,” said Robert C. Vandermark, executive director of the Marine Fish Conservation Network, in a statement after the committee vote.

“All of these fisheries management improvements will help us meet the current and future challenges facing our oceans and fisheries and will benefit the communities and people who depend on them,” said Vandermark.

Read the full article at SeafoodSource

NOAA Fisheries Invites Public Comment on New Draft Equity and Environmental Justice Strategy

June 30, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

Council Family – This topic was discussed at the most recent advisory group and Council meetings. As you know, the Western Pacific Region is recognized for community development and education and training programs in the Magnuson-Stevens Act, and yet have been underfunded for many years. NMFS will host four webinars – see details below. At the June 30 session, NMFS Pacific Islands Region staff will focus on Pacific Islands Regional issues and will be on hand to answer questions. We encourage you all to participate.

-Kitty Simonds

The following was originally released by the National Marine Fisheries Service (NMFS) May 6, 2022.

NOAA Fisheries shared its first-ever draft Equity and Environmental Justice Strategy and invited public comments through August 19 (*extended to August 31*). In addition to accepting written comments, we will host four webinars on the strategy, where comments will be accepted. Additional in-person meetings and opportunities to comment via phone will be announced on a rolling basis, once those plans are finalized.

“NOAA Fisheries is focused on serving all communities more equitably and effectively, and this strategy will provide the framework to do just that,” said Assistant Administrator for NOAA Fisheries and NOAA’s Acting Assistant Secretary for Oceans and Atmosphere, Janet Coit.

“We are committed to advancing equity and environmental justice, including equal treatment, opportunities, and environmental benefits for all people and communities, while building on continuing efforts and partnerships with underserved and underrepresented communities,” she added.

Goals and Objectives

The agency identified three overarching, long-term goals in the strategy. They are:

Prioritize identification, equitable treatment, and meaningful involvement of underserved communities
Provide equitable delivery of services
Prioritize equity and environmental justice in our mandated and mission work

The agency also identified six short-term objectives in the strategy. They are:

Provide an empowering environment within the agency to support multiple equity and environmental justice approaches at NOAA Fisheries
Incorporate equity and environmental justice in agency policies and plans
Achieve equity in research and researching equity
Outreach and engage equitably
Equitably distribute benefits
Ensure inclusive governance

This national strategy is the result of guidance from recent Executive Orders, the White House Environmental Justice Advisory Council, the Department of Commerce’s Equity Action Plan, NOAA’s Climate Council and agency leadership, enthusiastic staff participation, and a clear and growing need indicated by underserved communities. The strategy also builds on our previous equity and environmental justice efforts to provide guidance for incorporating and prioritizing EEJ in ongoing and future activities in support of our mission.

“While we are making progress in addressing equity and environmental justice, we know that we have much more work to do to embed EEJ into our day-to-day efforts,” said NOAA Fisheries Deputy Assistant Administrator for Regulatory Programs, Sam Rauch, who also convened and led the agency’s EEJ Working Group. “By focusing on these goals and objectives we will provide more equitable stewardship of the nation’s ocean resources and their habitat.”

How You Can Help

NOAA Fisheries’ science, conservation, and management activities serve a diverse array of communities across the United States and territories. However, not all communities have equal opportunities and access to agency-led services. Through this call for public comment, we seek assistance in several areas, including help to identify:

Who the agency’s underserved communities are
How the agency can reduce barriers to underserved communities
How the agency can better incorporate equity and environmental justice into our daily activities
How we can improve equity in our programs and policies now, with our current resources, and in the future
Help evaluating whether the draft recommendations for action are on target

How to Provide Comment

You can provide comments online. You can also comment at webinars, by phone, and at in-person meetings. The webinars will be held on:

June 30, 2022, 1 – 3 p.m. HST, noon – 2 p.m. SST, July 1, 2022, 8 – 10 a.m. ChST

(Visit this page and click on “Register for June 30 webinar”)**** (link corrected)

July 19, 2022, 10 a.m. – noon HST, 9 – 11 a.m. SST, July 20, 2022, 6 – 8 a.m. ChST

(Visit this page and click on “Register for July 19 webinar”) (link corrected)

****At this session, NMFS Pacific Islands Region staff will focus on Pacific Island Regional issues and will be on hand to answer questions.

Achieving Our Goals

To achieve our initial equity and environmental justice goals, each of the agency’s national program offices and geographic regions will incorporate EEJ into a step-down implementation plan. These plans will be specific and responsive to the needs of underserved communities and allows for the input of underserved communities. Each program, science center, and regional office will set equity and environmental justice as a Priority Area or milestone in annual strategic planning starting in 2023. And, the agency’s step-down implementation plans will include metrics describing equity and environmental justice actions. Our progress will be publicly reported annually in an EEJ Scorecard.

“To be clear, this strategy does not endorse business as usual and is not a rebranding of existing activities. Rather, this national strategy describes the path that NOAA Fisheries will take to incorporate EEJ into the vital services we provide to all stakeholders,” said Coit.

Gulf Coast Seafood Alliance Supports Lawsuit Challenging Unlawful Red Grouper Quotas

May 9, 2022 — The following was released by the Gulf Coast Seafood Alliance:

Commercial fishermen and members of the Gulf of Mexico seafood industry have filed a lawsuit challenging the legality of a recent decision by NOAA Fisheries to reallocate red grouper quota to recreational fishermen at the expense of the commercial fishery. The Gulf Coast Seafood Alliance (GCSA) supports the efforts by the Gulf of Mexico Reef Fish Shareholders’ Alliance, Southern Offshore Fishing Association, and A.P. Bell Fish Company to challenge this decision, in an effort to restore a fair allocation for commercial fishermen.

The lawsuit, filed late on Friday in the U.S. District Court for the District of Columbia, challenges recent red grouper allocations approved by NOAA as part of Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico.

The plaintiffs indicated they will seek expedited review.

Amendment 53 drastically reallocates the quota for red grouper. It increases the recreational share of the quota from 24 percent to 40.7 percent, while decreasing the commercial share from 76 percent to 59.3 percent. Simultaneously, the Amendment decreases the overall available red grouper quota in order to account for increased grouper discards from the recreational fishermen.

According to the lawsuit, this allocation “unlawfully benefit[s] the recreational fishing sector, harm[s] the commercial fishing sector and seafood consumers, and jeopardize[s] conservation,” while going against the conservation goals set out in the Magnuson-Stevens Act, the federal law governing U.S. fishery management. It notes that the Amendment is only the latest in a series of decisions showing “unlawful favoritism” to recreational fishermen.

GCSA has previously criticized Amendment 53 in its own analysis. GCSA specifically has criticized the Amendment for the flaws in the process that led to its adoption, the inadequate economic analysis that supported its allocation decision, and the legal precedents that the Amendment violates.

The complaint specifies ten causes of action, demonstrating that Amendment 53 violates:

Magnuson-Stevens Act National Standard Four, which requires that allocations of fishing privileges “shall be…fair and equitable to all such [U.S.] fishermen” and “reasonably calculated to promote conservation.”
Magnuson-Stevens Act National Standard Nine, which requires that “[c]onservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.”
Magnuson-Stevens Act Section 303(a)(11), which requires that any Fishery Management Plan “establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, and include conservation and management measures that, to the extent practicable and in the following priority—(A) minimize bycatch; and (B) minimize the mortality of bycatch which cannot be avoided.”
Magnuson-Stevens Act Section 303(a)(15), which requires all Fishery Management Plans to “establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan) implementing regulations, or annual specifications, at a level that overfishing does not occur in the fishery, including measures to ensure accountability.”
Magnuson-Stevens Act National Standard One, which requires that “[c]onservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.”
Legal requirements regarding the setting and review of optimum yield as specified in Magnuson- Stevens Act Sections 303(a)(3), 303(a)(4)(A), AND 302(h)(5).
Magnuson-Stevens Act National Standard Two, which requires that “conservation and management measures shall be based upon the best scientific information available.”
Magnuson-Stevens Act National Standard Eight, which requires that NOAA must “take into account the importance of fishery resources to fishing communities.”
The Administrative Procedure Act (APA).
The National Environmental Policy Act (NEPA).

Gulf of Mexico Reef Fish Shareholders’ Alliance: Statement on Red Grouper Quota Instability

Longtime New England council economist honored

April 14, 2022 — Lou Goodreau, a New England Fishery Management Council staffer who played a key role in its successful turnaround of the East Coast scallop fishery, was honored by the council for his 45-year career there.

Goodreau, an economist and information technology specialist, came on the council in March 1977 soon after it was formed under the original legislation now known as the Magnuson-Stevens Fishery Conservation and Management Act.

According to a statement from the council, Goodreau is the third longest-serving staff member among the nation’s eight regional councils. At the New England council he worked under four executive directors and two acting executive directors, with a hand in creating the council’s information and computer systems and key fishery management plans.

Read the full story at National Fisherman

New England Council Honors Lou Goodreau for 45-Year Career on Staff

April 13, 2022 — The following was released by the New England Fishery Management Council:

Lou Goodreau, center, flanked by Council Executive Director Tom Nies, left, and Council Chair Eric Reid, right. (Credit: NEFMC)

The New England Fishery Management Council opened the first day of its April 12-14, 2022 hybrid meeting in Mystic, CT by paying tribute to Lou Goodreau, an economist and information technology specialist who is retiring in May following a dedicated 45-year career on the Council’s staff.

Lou joined the staff on March 28, 1977, the year the Council was formed by the 1976 passage of what’s now called the Magnuson-Stevens Fishery Conservation and Management Act (MSA). He is the third longest- serving staff member among the nation’s eight regional fishery management councils.

Lou worked under four executive directors and two acting executive directors. He saw the Council through an era of astonishing technology advancements, progressing from typewriters, punch cards, and Wang computers to the current state-of-the-art equipment and data storage systems that are now the norm in Council operations. He worked on almost every one of the Council’s fishery management plans and contributed to the economic analyses for the Council’s first groundfish, herring, and scallop plans. He was the first chair of the Scallop Plan Development Team during the successful implementation of limited access, effort controls, and vessel monitoring systems in the scallop fishery, which resulted in stock rebuilding and economic stability.

Read the full release from the New England Fishery Management Council

Bill to Reauthorize Magnuson-Stevens Act Delayed Until Alaska Elects New Member of Congress

April 8, 2022 — The bill to reauthorize the Magnuson-Stevens Fishery Conservation and Management Act is being put on hold until Alaskans elect a new member of Congress following the passing of Alaska Republican Rep. Don Young.

Young passed away on March 18 at the age of 88. As SeafoodNews editor Peggy Parker reported, Young was the historical constant in the evolution of the Magnuson-Stevens Act, serving in the house when Senator Ted Stevens represented Alaska in the Senate, and he and Washington Senator Warren Magnusen introduced the original legislation. Young introduced legislation two years ago with several updates to the law.

Now, Representative Jared Huffman, the chair of the House Natural Resources Subcommittee on Water, Oceans and Wildlife, said his bill to reauthorize the Magnuson-Stevens Fishery Conservation and Management Act will be put on hold until a replacement for Young is elected.

Read the full story at Seafood News

Don Young’s death will delay fisheries law overhaul

April 6, 2022 — The death of Alaska Republican Rep. Don Young will delay consideration of a long-awaited overhaul of the nation’s premier fishing law.

Rep. Jared Huffman (D-Calif.), the chair of the House Natural Resources Subcommittee on Water, Oceans and Wildlife, said his bill to reauthorize the Magnuson-Stevens Fishery Conservation and Management Act, a 1976 law, will be put on hold until Alaskans elect a replacement for Young, who died on March 18 at the age of 88.

“Although we often differed politically, we were always able to have productive conversations when it came to fisheries management, and he was a brilliant negotiator for this landmark bill,” Huffman said in a statement.

Calling Young’s death “a tremendous loss for Alaska, the country and all of us who had the honor of working with him,” Huffman said he wanted to wait until a successor is elected this summer to “ensure the voices of the Alaskan people are represented” before the bill moves through the House.

“I am grateful for the progress Rep. Young and I accomplished together as we neared the finish line with this bill, and I look forward to finalizing it with whomever takes the torch from the venerable Don Young,” Huffman said.

Read the full story from the office of Congressman Jared Huffman

Trawler critics aim to appeal court’s herring decision

April 6, 2022 — Gulf of Maine fishermen are looking to appeal a federal judge’s reversal of an exclusion zone that keeps herring mid-water trawlers 12 miles offshore.

The March 4 ruling by U.S. District Court Judge Leo Sorokin in Boston could reopen some Northeast waters to mid-water herring trawlers, reversing the 2019 rule change that shut them out of a broad swath of the nearshore Atlantic from Long Island to the Canadian border.

In November 2019 the National Marine Fisheries Service approved a measure by the New England Fishery Management Council to create an exclusion zone for mid-water trawling 12 miles offshore – with a bump out to 20 miles east of Cape Cod.

The Sustainable Fisheries Coalition, representing trawl operators, brought their appeal soon after to the federal court, arguing the New England council’s science advisors could not identify adverse impacts, and that trawling critics brought more influence to bear on the council and NMFS.

In his opinion Judge Sorokin wrote that the “localized depletion” concept put forth by those in opposition to the mid-water trawlers has not been adequately defined by NMFS, leading him to decide the exclusion zone decision violated National Standard 4 of the Magnuson-Steven Fishery Management and Conservation Act.

Read the full story at National Fisherman