Saving Seafood

Trump opens swath of pristine Pacific Ocean to commercial fishing

April 18, 2025 — President Donald Trump on Thursday issued a proclamation saying he is easing federal restrictions on commercial fishing in a vast protected area of the central Pacific known as the Pacific Islands Heritage Marine National Monument.

Trump said he will allow U.S.-flagged vessels to fish within 50 to 200 nautical miles of the landward boundaries of the monument, which covers some 490,000 square miles of open ocean, coral reef and island habitats. Located south and west of Hawaii, the area is home to seven national wildlife refuges. It includes some of the Earth’s last pristine maritime environments, serving as a sanctuary for species such as endangered sea turtles, sharks and migratory birds, according to marine wildlife experts.

In a separate executive order Thursday, Trump also said he would reduce regulations on commercial fishing more broadly and asked his secretary of commerce to “identify the most heavily overregulated fisheries” and take action to “reduce the regulatory burden on them.”

Trump’s directives, which are likely to attract legal challenges, seek to weaken protections initially set up by his predecessors. President George W. Bush in 2009 established the monument and restricted oil exploration and commercial fishing within it. In 2014, his successor Barack Obama, expanded the protected area to more than 490,000 square miles.

Trump, in the proclamation, said existing environmental laws provide sufficient protection for marine wildlife in the area and that many of the fish species in the monument are migratory.

“I find that appropriately managed commercial fishing would not put objects of scientific and historic interest [within the monument] at risk,” he said.

Bob Vanasse, executive director of the commercial fishing trade group Saving Seafood, said in an email that the shift in policy “does not create a commercial fishing free-for-all in the monuments.”

“Commercial fishing in the monuments will be allowed only under fishery management plans that manage the fisheries sustainably under the Magnuson-Stevens Fishery Conservation and Management Act,” Vanasse said, referring to the law that governs fishing in federal waters.

Read the full story at The Washington Post

Federal judge rules ‘pocket-veto’ provisions of MSA violate US Constitution in partial victory for NEFSA

January 6, 2025 — U.S. District Court Judge John Woodcock determined some of the authority granted to those council members was violating the U.S. Constitution, specifically a portion of the MSA which meant the NFMS was unable to repeal certain fisheries management procedures without council approval. By refusing to assent to decisions made by the NFMS, the council could effectively “pocket veto” decisions made by federal authorities.

“In severing these limited provisions, the Court addresses both the Appointments Clause and constitutional removal claims, as, without these provisions, the Council Members do not exercise any significant authority, and thus, do not constitute officers of the United States,” Woodcock wrote. “This resolves the constitutional issues presented without invalidating an entire statutory scheme that has effectively governed the United States for decades or a regulation that did not involve either of the constitutional provisions identified in the case at bar.”

Read the full story at Seafood Source

Court open to upholding US fishing monitor rule even without ‘Chevron’ doctrine

November 5, 2024 — A U.S. appeals court on Monday appeared open to upholding a federal rule requiring commercial fishermen to fund a program to monitor for overfishing of herring off New England’s coast even after the U.S. Supreme Court in that same case issued a landmark ruling curbing agencies’ regulatory power.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, during oral arguments, weighed the impact of the U.S. Supreme Court’s June decision to scrap a 40-year-old legal doctrine that had required courts to defer to agencies’ interpretations of ambiguous laws they administer.

The 6-3 conservative majority U.S. Supreme Court nixed the doctrine, known as “Chevron deference,” after taking up an appeal by several commercial fishing companies of the D.C. Circuit panel’s 2-1 ruling in August 2022 that had relied on the doctrine to uphold the fishing rule.

The justices sent the case back to the D.C. Circuit to reassess the rule’s validity post-Chevron using their own judgment and for further arguments by the fishing companies, led by New Jersey-based Loper Bright Enterprises.

Read the full article at Reuters

New Legislation Seeks to Amend Magnuson-Stevens Act, Address Economic Causes of Fishery Disasters

October 22, 2024 — Congresswoman Nancy Mace (SC-01) introduced the Protect American Fisheries Act of 2024, a law that found the support of various fishing organizations, including the Southern Shrimp Alliance (SSA), along with bipartisan support.

According to a press release from Mace’s office, the bill would amend the Magnuson-Stevens Fishery Conservation and Management Act, adding economic causes as allowable grounds for declaring a fishery resource disaster.

“Foreign interference in U.S. fishery markets, particularly through illegal, unreported, and unregulated (IUU) fishing, subsidized foreign fleets, forced and child labor, and dumping of contaminated seafood products, is devastating domestic industries.”

“Our domestic fisheries are under assault not only from illegal and subsidized foreign competition but also from bureaucratic red tape failing to protect American industries. The Protect American Fisheries Act takes a stand against these harmful practices and the inefficiencies in our system allowing them to persist. This legislation ensures we can cut through the red tape, defend the livelihoods of hardworking American fishermen, and strengthen our coastal economies by targeting illegal fishing, predatory pricing, and foreign market distortions,” said Mace.

Read the full article at Seafoodnews.com

Good news: Overfishing is at an all-time low. Bad news: Fish species face new threats.

August 5, 2024 — Most fisheries in South Carolina are doing well. Their populations are mostly healthy, thanks to effective government oversight and the caution of fishermen. But some species still are struggling, and officials suspect warming waters have something to do with it.

In the South Atlantic Fishery, which extends from North Carolina to Florida, red porgy and red grouper are overfished. Red snapper, snowy grouper and gag are overfished and subject to overfishing, according to the National Oceanic and Atmospheric Administration Fisheries’ latest assessment of federally managed fish species.

When a stock is subject to overfishing, it means too many fish are being taken. When a stock is overfished, it means the fish population is too low and needs to be rebuilt, said Kelly Denit, director of NOAA Fisheries’ Office of Sustainable Fisheries.

The Magnuson-Stevens Fishery Conservation and Management Act, first passed in 1976 and reauthorized in 2007, requires the regional fishery management council to take immediate action once an assessment reveals overfishing, said Kerry Marhefka, co-owner of Abundant Seafood and member of the South Atlantic Fishery Management Council.

“We can’t manage the fish,” Marhefka said. “What we’re managing are the fishermen.”

This means changing the annual catch limits for recreational and commercial fishermen, or implementing area closures to give those stocks a chance to rebuild, she said.

Read the full article at The Post and Courier 

Magnuson-Stevens Act reauthorization back on the docket

June 28, 2024 — A bipartisan group of U.S. Representatives has re-introduced a bill in the latest bid to reauthorize the Magnuson-Stevens Act (MSA).

U.S. representatives Jared Huffman (D-California), who is the ranking member of the U.S. Natural Resources Subcommittee on Water, Wildlife, and Fisheries, along with Ed Case (D-Hawaii), Mary Peltola (D-Alaska), and U.S. Delegate James Moylan (R-Guam), reintroduced the “Sustaining America’s Fisheries for the Future Act” in a bid to renew the MSA – the law governing fisheries management at a federal level. The law was enacted in 1976 and was last reauthorized in 2006.

Read the full article at SeafoodSource

 

Snohomish coho salmon stock rebuilt; 50th success under Magnuson law

October 25, 2023 — Snohomish coho salmon was declared overfished in 2018 and has now been rebuilt to a sustainable level. It’s the 50th achievement in rebuilding a U.S. fish stock under the Magnuson-Stevens Act.

NOAA Fisheries and our fishery management partners reached a major milestone this summer. We rebuilt our 50th fish stock. The Snohomish coho salmon stock was declared overfished in 2018 and has now rebuilt to its sustainable level. A combination of responsive fishery management and habitat restoration helped to rebuild this iconic fish population.

U.S. commercial and recreational fishing provided 1.7 million jobs and $253 billion in sales in 2020. When we rebuild overfished stocks to sustainable levels, fishermen are able to catch more fish. Sustainable fisheries support thriving fishing communities, healthy marine ecosystems, and a strong economy.

There are more than 20 different stocks of coho salmon on the West Coast and Alaska. In 2022, commercial landings of coho salmon totaled 13 million pounds and were valued at $16 million.

Salmon is an important source of spiritual and physical sustenance for Western Native American tribes and Alaska natives. For decades, the tribes living near the Snohomish River have restored degraded habitat in the watershed to improve the chance of survival for returning salmon.

Under the 2018 rebuilding plan for Snohomish coho salmon, fishery managers began adjusting catch limits based on how many fish were expected to return each year. They set catch limits lower in years when fish numbers were expected to be down. Together, these rebuilding measures – and habitat restoration efforts –rebuilt Snohomish coho salmon to a sustainable level that will support increased catches for fishermen.

The following was released by the National Fisherman

With ‘slim chance’ to change Magnuson-Stevens Act, Peltola favors ‘workaround’

May 24, 2023 — Alaska’s subsistence fishing advocates want to change the nation’s primary fishing law to crack down on the accidental catch of salmon by the Bering Sea trawl fleet. Changing the law is looking increasingly unlikely, but there might be another way.

Congresswoman Mary Peltola focused on revising the Magnuson-Stevens Act since the start of her campaign. But she said it’s not in the cards now.

“I think everybody recognizes that there’s a very slim chance that Magnuson-Stevens will be authorized this year” or next, Peltola said in a recent video call arranged by a public affairs firm called Ocean Strategies.

Rather than change the law, the new strategy is to change a set of guidelines for the law that’s already on the books.

It’s a fallback position. It’s not likely to yield quick results. But this year is shaping up to be another grim one for chinook and chum runs on the Yukon and Kuskokwim rivers.  Peltola and other salmon advocates say it’s important to take some kind of action now to preserve the possibility of a return to salmon abundance.

Read the full article at Alaska Public Media

Chance of Magnuson-Stevens reauthorization slim, says Mary Peltola

May 18, 2023 — Alaska’s sole member of the U.S. House Representatives said Congress is unlikely to pass a reauthorization of the Magnuson-Stevens Act this year or next.

“I think that there is not a very strong likelihood – I think everybody recognizes that there’s a very slim chance that Magnuson-Stevens will be authorized this year or this Congress,” U.S. Rep. Mary Peltola (D-AK) said in an interview with Ocean Strategies this week.

Read the full article at SeafoodSource

US fishing policy is boosting fish populations, not constraining most fisheries, finds research

May 11, 2023 — Commercial fishing employs 1.2 million Americans and generates more than $165 billion annually. Yet warming waters are threatening fish populations and disrupting fisheries around the world—a challenge set to worsen as climate change advances.

Despite the importance of sustaining fisheries, the reauthorization of the cornerstone  protecting them in the United States—the Magnuson-Stevens Act—has been stalled in Congress for a decade. The holdup? Some blame the policy for being too stringent and leading to what they call “underfishing,” while others argue the policy is not doing enough to rebuild depleted fish populations. Others go so far as to argue that fish populations would have rebounded without any policy.

A pair of studies finds these concerns to be largely unsubstantiated. In analyzing the policy’s impact on fish populations, fishing, and industry revenue, they find that it is working essentially as it should. It is rebuilding fish populations, and in most cases it is not unduly holding back fishers from making their catch.

“Many people talk about the need to manage our resources sustainably,” says Eyal Frank, a lead author of the studies and an assistant professor at the University of Chicago Harris School of Public Policy. “Too often, this becomes just talk with little evidence that our policies are making a difference. Our studies provide that evidence. Our fishing policy is working, and that is very encouraging news at a time when sustaining our fisheries couldn’t be more vital.”

Read the full article at PHYS.org