Saving Seafood

National Coalition for Fishing Communities: An Open Letter to America’s Chefs

October 31, 2018 — WASHINGTON — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Members of the National Coalition for Fishing Communities have long believed that the Magnuson-Stevens Act (MSA) is one of the great success stories in fisheries management. Originally co-sponsored in the House over 40 years ago by Reps. Don Young (R-Alaska) and Gerry Studds (D-Massachusetts), the MSA has become a worldwide model, and is one of the reasons the U.S. has some of the best-managed and most sustainable fish stocks in the world. The bill is named for its Senate champions, Warren Magnuson (D-Washington) and Ted Stevens (R-Alaska).

But we are concerned by a new “nationwide #ChefsForFish campaign targeted at the new 2019 Congress, to launch after the elections in early November,” being organized by the Monterey Bay Aquarium, which the Aquarium calls the “next phase” of its “defense” of the Magnuson-Stevens Act. The Monterey Bay Aquarium described this campaign in an October 25 email sent to its “Blue Ribbon Task Force chefs.” The email asked this network of chefs to support the “Portland Pact for Sustainable Seafood” (attached).

On the surface, the Portland Pact matter-of-factly states sound principles:

  • “Requiring management decisions be science-based;
  • Avoiding overfishing with catch limits and tools that hold everyone accountable for the fish that they remove from the ocean; and
  • Ensuring the timely recovery of depleted fish stocks.”

However, in the last Congress, the Monterey Bay Aquarium used similar language to falsely characterize legitimate attempts to pass needed improvements to the MSA as betraying these principles. In fact, these changes would have made the landmark law even better.

The Monterey Bay Aquarium has repeatedly called on Congress to reject efforts, such as H.R. 200, which passed the U.S. House in July, and was sponsored by the now Dean of the House Don Young, that would amend the Act to introduce needed updates for U.S. fisheries management. If the chefs being asked to sign onto the Portland Pact were to talk to our fishermen, they would know how important these reforms are for the health of our nation’s fishing communities.

Any suggestion that the original co-sponsor of the bill would, 40 years later, act to undermine America’s fisheries, is inappropriate. In fact, most of the “fishing groups” that opposed Congressman Young’s bill, are financially supported by environmental activists and their funders.

No legislation, no matter how well designed is perfect or timeless. In fact, Congress has twice made significant revisions to the MSA, first in 1996 with the passage of the Sustainable Fisheries Act and in 2007 with the MSA Reauthorization Act. Like many other valued and successful laws, the Magnuson-Stevens Act is both working well, and in need of updates.

We agree that “management decisions be science-based.” One of the most significant issues with the current MSA is that it requires that fish stocks be rebuilt according to rigid, arbitrary timeframes that have no scientific or biological basis. Bills like H.R. 200, officially the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, would instead require that stocks be rebuilt according to an appropriate biological timeframe determined by the regional councils that manage the stocks.

H.R. 200 would also introduce other important measures that would better allow the councils to adapt their management plans to fit changing ecological conditions and the needs of fishing communities, which will become increasingly important as our coastal areas experience the effects of climate change.

American fishermen, like many American chefs, are committed to sustainable fishing and healthy oceans. Our businesses need sustainable, abundant fish stocks for us to make a living, and we all want a thriving resource that we can pass down to the next generation. We would never endorse a law that would threaten the long-term survival of our environment or our industry. That is why we endorse changes to the MSA that would ensure both.

We ask that any chef who is considering signing onto the Monterey Bay Aquarium letter to Congress first consult the local fishermen who supply them with fresh, quality products to learn how this law affects their communities.

NCFC members are available to connect chefs with seafood industry leaders, who would be happy to discuss how the MSA can be updated to help both fish and fishermen.

Sincerely,

Alliance of Communities for Sustainable Fisheries
Kathy Fosmark, Co-Chair
CA

Atlantic Red Crab Company
Jon Williams, President
MA

California Wetfish Producers Association
Diane Pleschner-Steele
CA

Delmarva Fisheries Association
Capt. Rob Newberry, Chairman
MD, VA

Fishermen’s Dock Co-Op
Jim Lovgren, Board Member
NJ

Garden State Seafood Association
Greg DiDomenico, Executive Director
NJ

Hawaii Longline Association
Sean Martin, Executive Director
HI

Long Island Commercial Fishermen’s Association
Bonnie Brady, Executive Director
NY

Lunds Fisheries, Inc.
Wayne Reichle, President
CA, NJ

Rhode Island Fishermen’s Alliance
Rich Fuka, Executive Director
RI

Seafreeze, Ltd.
Meghan Lapp, Fisheries Liaison
RI

Southeastern Fisheries Association
Bob Jones, Executive Director
FL

Viking Village
Jim Gutowski, Owner
NJ

West Coast Seafood Processors Association
Lori Steele, Executive Director
CA, WA, OR

Western Fishboat Owners Association
Wayne Heikkila, Executive Director
AK, CA, OR, WA

PRESS CONTACT

Bob Vanasse
bob@savingseafood.org 
202-333-2628

View the letter here

 

DON CUDDY: Seamounts and canyons: It seems fishermen can’t win

October 29, 2018 — In general, sad to say, commercial fishermen are not well-regarded and struggle for respect. They don’t have powerful lobbyists or image makers and are so independent and competitive by nature that they don’t work well together. As such they are easily defeated politically when opposed by environmental groups with plenty of capital and connections. The headlong rush to deploy wind turbines offshore from here down to Delaware is now gathering momentum. From the deck of a fishing vessel that prospect is akin to a Plains Indian catching a first glimpse of smoke on the horizon, rising from an Iron Horse. “Progress,” they told him. Before long the plains were littered with the carcasses of dead buffalo, shot for fun from train windows and an ancient way of life vanished. In our time, fishermen seem just as likely to be swept from their traditional hunting grounds by this new behemoth.

Here in New England, the fishing industry lost more ground, literally, in another recent battle when a federal judge on Oct. 5 threw out an appeal, led by the Massachusetts Lobstermen’s Association, to overturn the Obama administration’s September 2016 designation of a 5,000 square-mile area offshore as a national monument under the Antiquities Act. Most people probably support the idea of creating sanctuaries but fishermen and their families need some protection as well. The arguments put forth in favor of establishing this sanctuary spoke of it as a pristine area. Well, fishermen have been going out to the canyons for a long time and it remains pristine so apparently their customary fishing practices have had no destructive effect on the environment.

There was also much talk of the need to preserve deep-sea corals from fishing gear. Most mobile-gear fishermen are not going to drag a $60,000 net over coral because of their interest in protecting their investment from the potential damage that corals could inflict on their gear. And fishermen who target migratory species in the water column, such as swordfish, tuna and marlin, generally fish by day, I’m told, and drift at night, since the water is way too deep to anchor, so they are not going to harm corals.

It’s not as though fishing activity was unrestricted prior to the creation of the monument. Commercial fishing in all U.S. waters is highly regulated, by regional fishery councils as well as the Magnuson Stevens Act. But it’s almost all banned now. Lobstermen and the red crab guys can carry on fishing there for seven more years before they too become persona non grata. Recreational fishing is still permitted. The Act prohibits drilling for oil and gas, it should be noted, and that is laudable, but there is room for some compromise on fishing, I believe. The judge, a man named James Boasberg, certainly does not agree and had no hesitation in dismissing the case. Now having read the judgement I will be the first to concede that, on purely legal grounds, the arguments for overturning the designation were not persuasive, particularly to people without knowledge of, or any sympathy for, the commercial fishing industry. However, in issuing his ruling the judge adopted a tone that can, at best, be described as flippant, presumably in an attempt to demonstrate his cleverness. He went to Oxford, don’t you know, and makes a hobby of amateur dramatics.

Read the full opinion piece at the New Bedford Standard-Times

Fight for New Fluke Quota in New York

October 26, 2018 — For many years, commercial fishermen in New York have complained about the inequities they faced in the numbers­­­ of summer flounder they could land (as well as other popular species), when compared to other states along the East Coast. The fight has gone on for nearly 30 years and continues to this day.

In April, the Mid-Atlantic Fisheries Management Council approved a summer flounder commercial issues draft amendment that rejected a motion by New York representatives to add provisions that would more adequately address the state-by-state quota inequity in the fluke fishery. Once again, the council and Atlantic States Marine Fisheries Commission solicited public comment on the draft amendment, which ended last week. While a decision has yet to be made, it’s very clear that frustration abounds concerning an imbalance between many on land and those who work on the water.

State Assemblyman Fred W. Thiele Jr. has called for two additional options in the summer flounder commercial issues draft amendment — to negotiate new state quota shares of summer flounder and to include a coast-wide quota and management of summer flounder.

“The state-by-state quotas created by the Mid-Atlantic Fisheries Management Council and the Department of Commerce’s National Marine Fisheries Service, pursuant to the Magnuson-Stevens Act, are based upon faulty and incomplete collection data, which discriminate against commercial fishermen in the State of New York,” Mr. Thiele said in an Oct. 15 statement.

Read the full story at The East Hampton Star

 

Barndoor Skate Now Sustainable Seafood Choice After Years of Prohibited Fishing

October 24, 2018 — SEAFOOD NEWS — Fifteen years after the New England Fishery Management Council crafted the Northeast Skate Complex Fishery Management Plan, fishermen are now able to harvest barndoor skate.

According to NOAA, the species became depleted during the 1960s and early 1970s due to foreign fleets. Numbers of barndoor skates remained low until the Magnuson-Steven Fishery Conservation and Management Act, which restricted foreign fleets from fishing 200 miles off the U.S. shore. The Northeast Skate Complex Fishery Management Plan was put in place in 2003 to rebuild the stock, and after several years of harvest being prohibited, commercial fishermen are once again allowed to catch limited numbers.

NOAA reports that fishermen in the directed skate fishery may now catch up to 650 pounds of barndoor skate wings per trip during the period of May 1 to August 21. From September 1 to April 30 fishermen are able to catch up to 1,025 pounds per trip.

This story originally appeared on Seafood News, it is republished here with permission.

 

Commerce Department Announces Appointments to 3 Regional Fishery Management Councils

October 18, 2018 — The following was released by NOAA:

The U.S. Commerce Department today announced the reappointment of one and appointment of two new members to three regional fishery management councils. The new members will fill at-large seats that were recently vacated on the Western Pacific and South Atlantic Fishery Management Councils. These seats became vacant in July 2018. The new members will serve through August 10, 2020. For the Pacific Fishery Management Council, the tribal member will fill an obligatory seat that was made vacant after the expiration of the term on August 11, 2018. The reappointed member will serve through August 10, 2021.

The Magnuson-Stevens Fishery Conservation and Management Act established the councils as stewards of the nation’s fisheries resources through the preparation of fishery management plans for their regions. NOAA Fisheries works closely with the councils through this process and then reviews, approves, and implements the plans. Council members represent diverse groups, including commercial and recreational fishing industries, environmental organizations and academia. They are vital to fulfilling the Act’s requirements to end overfishing, rebuild fish stocks, and manage them sustainably.

The Secretary selects members from nominations submitted by the governors of fishing states, territories, and tribal governments. Council members are appointed to both obligatory (state-specific) and at-large (regional) seats. Council members may be reappointed to serve three consecutive terms.

*Asterisks preceding a member’s name indicate a reappointment.
South Atlantic Council

The South Atlantic Council includes members from Florida, Georgia, North Carolina, and South Carolina. The appointee will a vacant at-large seat.

At-Large seat:

Joseph D. Whitaker (South Carolina)

Pacific Council

The Pacific Council includes members from California, Idaho, Oregon, and Washington. The Pacific Council also includes one Tribal seat. The appointee will fill a vacant Tribal seat.

Obligatory seat:

Joseph Y. Oatman* (Tribal)

Western Pacific Council

The Western Pacific Council includes members from American Samoa, Guam, Hawaii, and the Commonwealth of the Northern Mariana Islands. The appointee will fill a vacant at-large seat.

At-Large seat:

Frederick McGrew Rice (Hawaii)

Read the full release here

MASSACHUSETTS: Tedeschi says Keating underperforms for fishing industry

October 9, 2018 — Republican Peter Tedeschi, the convenience store magnate and Republican candidate for congress in the Massachusetts 9th District, staged a small rally on the waterfront next to the fishing family sculpture Saturday and took aim at incumbent William Keating for what Tedeschi says are deficiencies in Democrat Keating’s job performance.

About 20 supporters either arrived with him on a district-wide tour, or came out locally to hear him.

He told The Standard-Times in an interview that mirrored his prepared comments, “I don’t believe that the fishermen down here and the fishing industry are getting adequate support from our current congressman. And that manifests itself in several ways.”

One, Tedeschi said, was that Keating had an opportunity to support the reauthorization of the Magnuson-Stevens Act. It’s an important act that basically dictates quotas, geographic fishing, what species fishermen are going to catch, and how much they’re going to be able to catch.

“Right now it’s sort of based on an arbitrary 10 year period,” he said. “We want to have it based on data. … So we had an opportunity to support that and he voted against it,” Tedeschi said. “If you’re going to support the fishing industry he should have supported reauthorization and he voted against it.”

He also took aim at the Monuments Act. The Monuments Act essentially put 5,000 square miles of fertile fishing areas off-limits.

“President Obama signed that into law unilaterally without a hearing, period. I would like to see that repealed so our commercial fishermen can start fishing in those regions, ” he said.

Read the full story at the New Bedford Standard-Times

NOAA Statement on Recent Court Ruling on Aquaculture

October 2, 2018 — The following was released by NOAA:

NOAA is considering whether to appeal the Eastern District of Louisiana’s finding that NOAA does not have regulatory authority to regulate aquaculture under the Magnuson-Stevens Fishery Conservation and Management Act.

Given conflicting court decisions and the desire for regulatory certainty, NOAA supports congressional efforts to clarify the agency’s statutory authority to regulate aquaculture.

NOAA remains committed to expanding the social, environmental, and economic benefits of sustainable marine aquaculture in the U.S. It is important to note that this ruling is not a prohibition on marine aquaculture, either nationally or in the Gulf of Mexico, and we will continue to work with stakeholders through existing policies and legislation to increase aquaculture permitting efficiency and predictability.

Read the full release here

US aquaculture advocates: Judge’s ruling on Gulf of Mexico proves need for law

September 28, 2018 — A lobbying group organized by more than a dozen powerful seafood companies says a ruling this week by a federal judge that the US National Marine Fisheries Service (NMFS) doesn’t have the authority to oversee fish pens in federal waters is why new legislation is needed.

In a 15-page opinion handed down Monday, US district court judge Jane Triche Milazzo, in the Eastern District of Louisiana, granted a motion by the Center for Food Safety (CFS) and a coalition of fishing and public interest groups it represented to grant a summary judgment in its lawsuit against NMFS to block its efforts to establish aquaculture in the Gulf of Mexico.

Milazzo has given the plaintiffs 10 days to file a proposed judgment.

CFS filed its lawsuit against NMFS, a division of the National Oceanic and Atmospheric Administration, in February 2016, arguing that the Magnuson Stevens Fishery Conservation and Management Act (MSA), passed in 1976, was meant to give NMFS authority over the harvesting of wild fish, not aquaculture.

“In analyzing the plain text, statutory scheme, and legislative history of the MSA, this court finds that the term ‘harvesting’ was intended to refer to the traditional fishing of wild fish,” Milazzo wrote in her opinion. “There is nothing in the MSA or its legislative history to suggest that Congress might have intended that the term be defined to include the farming of fish.

“… It is often said that ‘Congress does not ‘hide elephants in mouseholes’, and this court cannot imagine a more fitting example,” she added.

NMFS, in January 2016, with the help of the Gulf Council, finalized regulations to authorize a federal commercial aquaculture permitting scheme in the gulf. According to CFS, the program would have allowed up to 20 industrial facilities and collectively 64 million pounds of fish to be grown each year in the area.

Read the full story at Undercurrent News

MARK HELVEY: Protect California’s Drift Gillnet Fishery

August 24, 2018 — WASHINGTON — California’s drift gillnet (DGN) fishery has come under attack in recent months. One of the most prominent media attacks was a July Los Angeles Times editorial “Dead dolphins, whales and sea turtles aren’t acceptable collateral damage for swordfishing,” which irresponsibly called for the shut down of the fishery. Like many similar critiques, it overlooked the ways DGN fishermen have worked to reduce bycatch and the unintended consequences of shutting down the fishery.

It is first important to note that the DGN fishery operates legally subject to all bycatch minimization requirements in federal law. This includes not just the Magnuson-Stevens Act—the primary federal fishing law—but also the Marine Mammal Protection Act and the Endangered Species Act (ESA). These statutes are precautionary and conservation-minded, and help make U.S. fisheries some of the most environmentally conscious and best managed in the world.

DGN fishermen have collaborated extensively with NOAA’s National Marine Fisheries Service over the years to further reduce bycatch. Since 1990, the fishery has operated an observer program to effectively monitor bycatch. It has deployed devices such as acoustic pingers to ward off marine mammals from fishing gear, has established the Pacific Offshore Cetacean Take Reduction Plan to further reduce marine mammal interactions, and has implemented time/area closures to reduce interactions with endangered sea turtles.

These measures have led to significant progress in reducing bycatch. For example, no ESA-listed marine mammals have been observed caught in the DGN fishery since the 2010-2011 fishing season and no listed sea turtles since the 2012-2013 season.

As mentioned in the Times editorial, there is indeed good news from fisheries deploying new, experimental deep-set buoy gear. But it is just that – experimental, and it is still unclear whether it will become economically viable. And while fishermen hope that it does, the volumes produced won’t make a dent in the over 80 percent of the 20,000 metric tons of swordfish consumed annually in the U.S. that comes from foreign fisheries.

Often missing from the discussion of the drift gillnet fishery is that most foreign fisheries are far less regulated and are much more environmentally harmful than any U.S. fishery. Should the U.S. DGN fishery be shut down, it will only further increase our reliance on this imported seafood. All U.S. fishermen abide by the highest levels of environmental oversight relative to their foreign counterparts, meaning that U.S. caught seafood comes at a fraction of the ecosystem impacts occurring abroad.

Californians need to understand this and help protect U.S. fisheries that are striving to do things the right way. California’s DGN fishermen provide seafood consumers with a local source of sustainably-caught, premium quality swordfish. We should thank them by keeping them on the water.

Mark Helvey had a 30-year career with NOAA’s National Marine Fisheries Service (NMFS) before retiring in 2015.  He served as the last Assistant Regional Administrator for Sustainable Fisheries with the NMFS Southwest Region in Long Beach, representing the agency on fishery conservation and management for highly migratory and coastal pelagic species on the west coast.

 

Greg DiDomenico & Diane Pleschner-Steele: Senate MSA reauthorization a step back for fishing communities

August 21, 2018 — The following op-ed was originally published in The Hill and was written by Greg DiDomenico, the Executive Director of the Garden State Seafood Association, and Diane Pleschner-Steele, the Executive Director of the California Wetfish Producers Association:

In July, the House passed H.R. 200 the “Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act,” a much needed update of federal fisheries law that allows for both sustainable fisheries management and the long-term preservation of our nation’s fishing communities. Unfortunately, its counterpart bill making its way through the Senate would likely have the opposite effect.

The Senate bill, S.1520, or the “Modernizing Recreational Fisheries Management Act of 2018,” introduces changes to the Magnuson-Stevens Act (MSA)—the main law governing U.S. fisheries—that would impose increasingly burdensome regulations on American fishermen and undermine H.R. 200’s goal of increasing flexibility in fisheries management.

Of particular concern are provisions contained in Section 104 of the bill, “Rebuilding Overfished Fisheries.“ Rather than giving fisheries managers more flexibility in how they manage and rebuild fish stocks, these new requirements added to S.1520 make rebuilding requirements more stringent and onerous.

For example, one of the most disturbing changes is the requirement that Regional Fishery Management Councils achieve a 75 percent chance of rebuilding a stock if that stock has not rebuilt in as short a timeframe as possible. What that means in practice is that regulators will be forced to set quotas according to a rigid, predetermined timeframe, rather than one based around scientific evidence or biological necessity. This will lead to quotas that are much lower than they need to be to sustainably manage the species, and fishing communities being unnecessarily hurt in the process.

Read the full opinion piece at The Hill