Saving Seafood

National Coalition for Fishing Communities Members Testify on Magnuson-Stevens Act

WASHINGTON (Saving Seafood) – June 19, 2017 – Two members of Saving Seafood’s National Coalition for Fishing Communities testified at the hearing, “Exploring the Successes and Challenges of the Magnuson-Stevens Act,” held by the Water, Power and Oceans Subcommittee of the House Natural Resources Committee.

Mr. Jeff Kaelin, head of Government Relations at Lund’s Fisheries, Inc. in Cape May, New Jersey and a member of the Garden State Seafood Association, and Mr. Sean Martin, President of the Hawaii Longline Association in Honolulu, Hawaii, offered testimony.

Mr. Nick Wiley, Executive Director of the Florida Fish and Wildlife Conservation Commission in Tallahassee, Florida, was the third witness for the Republican majority.

Mr. Charles Witek, a Recreational Angler and Outdoor Writer from West Babylon, New York, tesitfied at the invitation of the Democratic minority.

In March, New Bedford, Massachusetts Mayor Jon Mitchell delivered written testimony to the Subcommittee on behalf of the NCFC, expressing concerns over the increasing use of marine monuments to manage fisheries in place of the Magnuson-Stevens Act (MSA). According to the mayor and NCFC members, this has undermined the more transparent and collaborative management process established by the MSA.

The following additional information was provided by the Subcommittee on Water, Power and Oceans:

On Wednesday, July 19, 2017, at 2:00 p.m. in 1324 Longworth House Office Building, the Water, Power and Oceans Subcommittee will hold an oversight hearing on “Exploring the Successes and Challenges of the Magnuson-Stevens Act.”

Policy Overview:

  • Recreational and commercial fishing industries are significant drivers of the U.S. economy. Together, the U.S. seafood industry and the recreational fishing industry generate $208 billion in sales impacts and contribute $97 billion to the U.S. gross domestic product. Additionally, these industries support upwards of 1.6 million U.S. jobs.
  • Unfortunately, in recent years, access for commercial and recreational fishing has eroded due to poor science, overbearing regulations, and abuse of Marine Protected Areas – such as Marine National Monuments and Marine Sanctuaries – that often prohibit various fishing activities.
  • According to the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS), nearly 90 percent of federally managed fisheries that our commercial and recreational fishermen are not being allowed to harvest at maximum sustainable levels.
  • This hearing will begin to explore issues facing a number of federally managed recreational and commercial fisheries and identify possible solutions, including potential areas to update the federal fisheries framework via reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act.

Read the Subcommittee’s full memo here

Ocean Conservancy sues over red snapper

July 18, 2017 — The Ocean Conservancy and Environmental Defense Fund filed a lawsuit on Monday suing the Department of Commerce for its decision to lengthen the federal red snapper season for recreational anglers from three days to 42. Environmentalists with the groups feel the change “sanctioned overfishing,” putting the rebuilding of the historically overfished red snapper fishery at risk, and violated the Magnuson Stevens Fishery Conservation and Management Act (MSA).

“We’ve made great progress but we’re only about halfway through the rebuilding plan. You don’t stop taking antibiotics halfway through a prescription,” Chris Dorsett, vice president of conservation policy and programs, said in a press release.

The lawsuit, he said, is about protecting the longevity of the red snapper fishery.

The groups are arguing the mid-season change — which was advocated for by local elected officials — violated the MSA, which requires fishery managers to create and enforce annual catch limits that prevent overfishing. If the catch limit is exceeded, the excess catch is taken out of the allocated catch for the following year.

Red snapper is halfway through a 27-year rebuilding plan. Local fishermen report that it’s working, saying they are catching more and larger red snapper, which is why many found the three-day federal season insulting.

The result, though, is fish are being caught faster and the majority are actually being caught in state-managed waters, which was why the federal season was initially so conservative. When the Department of Commerce lengthened the season, they required the states to give up fishing days as part of the compromise.

Read the full story at the Panama City News Herald

Trump versus EDF in battle over Gulf red snapper season reopening

July 18, 2017 — A month after the administration of U.S. President Donald Trump reopened the red snapper fishing season in the Gulf of Mexico for 39 days, two environmental nonprofits have challenged the decision by filing a lawsuit.

A 14 June agreement struck between The U.S. Department of Commerce and the five U.S. states on the Gulf of Mexico aligned the 2017 federal and states red snapper season for recreational anglers, opening federal waters to private anglers for an additional 39 weekend days and holidays. The agreement made no change to the quota or season length for the charter or commercial sectors of the fishery.

On Monday, 17 July, the Environmental Defense Fund and the Ocean Conservancy filed suit in the U.S. District Court in Washington D.C., arguing the decision was made without scientific analysis and puts into jeopardy the ongoing recovery of the red snapper population in the Gulf, in violation of the Magnuson-Stevens Act and the National Environmental Policy Act. The lawsuit also complains the season was extended without adequate notice or time for public comment, claiming that violates the Administrative Procedure Act.

“In order to prevent overfishing and allow the Gulf of Mexico red snapper population to rebuilt, the Magnuson Stevens Fishery Conservation and Management Act requires the Fisheries Service to comply with the annual catch limit and accountability measures established in the fishery management plan for the red snapper fishery,” the suit states. “Yet, in the temporary rule, the Fisheries Service has extended the fishing season of red snapper for private anglers in a manner that conflicts with the FMP and implementing regulations.”

In a statement emailed to SeafoodSource, EDF said publicly available data and conservative assumptions show the extended season will result in private anglers catching three times their science-based limit in 2017. However, the lawsuit does not seek changes to the length of the 2017 fishing season, but rather, it aims to prohibit the Commerce Department from taking similar actions in the future.

In its federal notice reopening the red snapper season, the Commerce Department acknowledged the additional fishing days “will necessarily mean that the private recreational sector will substantially exceed its annual catch limit,” resulting in a  delay of the goal year for rebuilding the red snapper fishery from 2032 to 2038. In 17 of the past 22 years, the recreational sector has exceeded its annual catch limit for red snapper, resulting in shorter federal seasons as one year’s overages are subtracted from the next year’s quota. However, Gulf states have responded by lengthening their own red snapper seasons, resulting in a patchwork of regulations that scientific and environmental groups assert impedes recovery of the species.

Read the full story at Seafood Source

ASMFC Reacts to Commerce Secretary Decision to Reject Commission Advice on Summer Flounder

July 14, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

On July 11th, Secretary of Commerce, Wilbur Ross, notified the Atlantic States Marine Fisheries Commission that he has found the State of New Jersey to be in compliance with Addendum XXVII to the Summer Flounder Fishery Management Plan. According to the letter sent to the Commission, Secretary Ross’s decision was based on the assertion that “New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective for the recreational fishery.” This is the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) in 1993 and the Atlantic Striped Bass Conservation Act in 1984 that the Secretary of Commerce failed to uphold a noncompliance recommendation by the Commission.

“The Commission is deeply concerned about the near-term impact on our ability to end overfishing on the summer flounder stock as well as the longer-term ability for the Commission to effectively conserve numerous other Atlantic coastal shared resources,” stated Commission Chair Douglas Grout of New Hampshire. “The Commission’s finding of noncompliance was not an easy one. It included hours of Board deliberation and rigorous Technical Committee review, and represented, with the exception of New Jersey, a unanimous position of the Commission’s state members. Our decision was based on Technical Committee’s findings that New Jersey’s measures were not conservationally-equivalent to those measures in Addendum XXVIII and are projected to result in an additional 93,800 fish being harvested. Additionally, we had an obligation as a partner in the joint management of summer flounder with the Mid-Atlantic Fishery Management Council (Council) to implement measures to end overfishing immediately or face the possibility of summer flounder becoming an overfished stock.”

Based on the latest stock assessment information, summer flounder is currently experiencing overfishing. Spawning stock biomass has been declining since 2010 and is just 16% above the threshold.  The vast majority of fishery-independent surveys show rapidly declining abundance. Any increase in overall mortality puts the stock at risk for further declines and increases the probability of the stock becoming overfished. If the stock falls below the biomass threshold, the Magnuson-Stevens Fishery Conservation and Management Act requires the Council to initiate a rebuilding program, which could require more restrictive management measures.

New Jersey was not the only state to be concerned about the impact of the approved measures to its recreational fishing community. Two other states submitted alternative proposals that were rejected in favor of the states equally sharing the burden of needed reductions. Those states, as well as other coastal states, implemented the approved measures in order to end overfishing and support the long-term conservation of the resource.

“The states have a 75-year track record of working together to successfully manage their shared marine resources,” continued Chairman Grout. “We are very much concerned about the short and long-term implications of the Secretary’s decision on interstate fisheries management. Our focus moving forward will be to preserve the integrity of the Commission’s process, as established by the Atlantic Coastal Act, whereby, the states comply with the management measures we collectively agree upon. It is my fervent hope that three-quarters of a century of cooperative management will provide a solid foundation for us to collectively move forward in achieving our vision of sustainably managing Atlantic coastal fisheries.”

The Commission is currently reviewing its options in light of Secretary Ross’s action, and the member states will meet during the Commission’s Summer Meeting in early August to discuss the implications of the Secretary’s determination on the summer flounder resource and on state/federal cooperation in fisheries management under the Atlantic Coastal Act.

For more information, please contact Toni Kerns, Director, Interstate Fisheries Management Program, at tkerns@asmfc.org or 703.842.0740.

Meeting of the South Atlantic Fishery Management Council’s Executive Finance Committee Scheduled via Webinar July 26, 2017

July 11, 2017 — The following was released by the South Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council’s Executive Finance Committee are scheduled to meet via webinar from 9:00 a.m. until 5:00 p.m. on Wednesday, July 26, 2017.  The meeting is open to the public. Registration for the webinar is required. Public comment on agenda items is currently being accepted via the Council’s website (see link below). Public comment will also be accepted at the beginning of the meeting following approval of the minutes.  Agenda items include:

    • Council Coordinating Committee Working Paper – with key issues being considered as part of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) reauthorization process
    • Current Proposed Legislation – relative to MSA reauthorization
    • Fisheries Leadership and Sustainability Forum
    • Participation of external organizations at Council meetings

Additional information about the meeting, including webinar registration, public comment form, meeting agenda, and briefing book materials is available from the Council’s website at: http://safmc.net/safmc-meetings/council-meetings/.

Marine Sanctuaries Program is Bad for Fishermen, California Fishing Captain Tells Senate Subcommittee

WASHINGTON (Saving Seafood) — July 10, 2017 — Marine sanctuaries are hurting commercial and recreational fishermen and overruling the fisheries management process created under the Magnuson-Stevens Act, said Capt. Jeremiah O’Brien, vice president of the Morro Bay Commercial Fishermen’s Organization, at a Senate hearing June 27.

Speaking before the Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard at a hearing convened by chairman Dan Sullivan (R-AK), Mr. O’Brien criticized marine sanctuaries for their “weak science capabilities” and “poor, self-serving public process.” He said that policymakers are interpreting the National Marine Sanctuaries Act in a way that steadily limits human uses of marine resources, violating the principles of ecosystem-based management and the law’s mandate for comprehensive and coordinated management.

“For fishermen and fishery managers, the fact that sanctuaries can overrule the Regional Fishery Management Councils, with eight National Standards serving as the council’s guide, is disconcerting, and not in the best interest of ocean health,” Mr. O’Brien said. “I hope Congress will make it clear that the Magnuson-Stevens Act is the nation’s law for fisheries and habitat management.”

Read the full testimony here

EU Discard Ban Stimulates Innovation and Improved Cross-Sectoral Communication

July 7, 2017 — The following is a report written by Dr. Bill Karp, Affiliate Professor at University of Washington:

The Common Fisheries Policy (CFP) governs fisheries management in the European Union and is, very roughly equivalent to the Magnuson-Stevens Act in the US. The CFP is updated (reformed) every ten years. Article 15 of the 2013 reform is entitled “Landing Obligation” and includes the following text:

  1. All catches of species which are subject to catch limits and, in the Mediterranean, also catches of species which are subject to minimum sizes as defined in Annex III to Regulation (EC) No 1967/2006, caught during fishing activities in Union waters or by Union fishing vessels outside Union waters in waters not subject to third countries’ sovereignty or jurisdiction, in the fisheries and geographical areas listed below shall be brought and retained on board the fishing vessels, recorded, landed and counted against the quotas where applicable, except when used as live bait, in accordance with the following time-frames:

For further details (including exceptions) see http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1380&rid=1

This “Landing Obligation” or discard ban was enacted in response to public concerns regarding perceived wasteful practices. It is being implemented over several years, initially in the more industrialized, large scale fisheries of northern Europe. Many concerns about practicability, cost, and other aspects have been raised and hotly debated in Europe, but implementation is proceeding.

As expected, this change in public policy has directly impacted many aspects of fishing, handling, processing, and marketing. The EU has funded several projects designed to encourage cross-sectoral engagement to improve gear selectivity, share information on avoiding unwanted catch (spatial, areal, etc.), encourage advances in handling, stimulate marketing opportunities, etc. Among these initiatives is a project called “DiscardLess” which is a four-year, multi-million Euro project. Through this project, researchers and stakeholders from throughout Europe and elsewhere are working together to reduce discards in European fisheries. The DiscardLess Consortium includes 31 partners from 20 countries.

Participants include fishermen, gear technologists, economists, handling, processing and marketing experts, and marine scientists. Work packages within the project focus on selectivity, avoidance, optimal use, ecosystem considerations, and policy aspects. Work began more than two years ago, and some important results are already apparent. For example, the Atlas, and Selectivity Manual provide broad-based and comprehensive information, much of which will be useful to US fishermen. See http://www.discardless.eu/ to download these products and learn more about the DiscardLess project. For an excellent short video about DiscardLess, see https://player.vimeo.com/video/206395350

Papahanaumokuakea Review Spurs Tension With Conservation Groups, Fisheries

June 28, 2017 — President Donald Trump’s targeting of the Papahanaumokuakea Marine National Monument in the northwest Hawaiian Islands for national review has revived a lopsided debate between Native Hawaiians, senators, scientists and conservation groups in favor of the monument’s designation, and an activist fishery council mainly concerned with “maximizing longline yields.”

The Western Pacific Regional Fishery Management Council vocally opposed the monument’s expansion in 2016 during a public comment process, communicating that to the White House under the leadership of Executive Director Kitty Simonds. Simonds’ PowerPoint presentation at a recent Council Coordination Committee meeting detailed other monument areas in the Pacific under review, including the Pacific Remote Islands and Rose Atoll, explicitly criticizing the designations as an abuse of the Antiquities Act. The PowerPoint concludes, “Make America great again. Return U.S. fishermen to U.S. waters.”

Established by the Magnuson-Stevens Fishery Conservation and Management Acts of 1976 and 1996, WESPAC is charged with reporting its recommendations for preventing overfishing and protecting fish stocks and habitat to the Commerce Department.

While WESPAC International Fisheries Enforcement and National Environmental Policy Act coordinator Eric Kingma believe that WESPAC’s communications with the president fall within the agency’s purview of advising the executive branch, others, including Earthjustice attorney Paul Achitoff, consider the comments an illegal “lobby to expand WESPAC turf” and shape public policy.

WESPAC argues that monument expansion hampers longline fishermen from feeding Hawaii, which imports roughly 60 percent of the fish it eats. Pro-expansion groups such as Expand Papahanaumokuakea point out that only 5 percent of longliner take came from the monument; that longliners have recently reached their quota by summer, then resorted to buying unused blocks from other fleets; and that much of the longliners’ take, including sashimi-grade bigeye tuna, is sold at auction to the mainland U.S., as well as to Japanese and other foreign buyers. The bigeye tuna catch, moreover, has been trending upward every year since the first year of logbook monitoring in 1991. In 2014, the Hawaii longline fleet caught a record 216,897 bigeye tuna, up 12 percent from 2013.

Read the full story at Courthouse News Service

Public health could – and should – play bigger role in US fisheries policy

June 26, 2017 — U.S. dietary guidelines call for Americans to eat more fish. But fishery managers don’t usually manage stocks with this goal in mind, according to a recent study.

Fisheries policy is essentially part of the nation’s food policy, which affects public health. So, fishery managers, whether they mean to or not, affect the availability, access and distribution of healthy seafood for Americans nationwide.

Despite this intrinsic link, fishery managers don’t usually take public health into account, the researchers said.

The primary authors of the study published in June were Dave Love, an associate scientist at Johns Hopkins University’s Center for a Livable Future, and Patricia Pinto da Silva, a social scientist at the Northeast Fisheries Science Center, which is part of the National Oceanic and Atmospheric Administration.

“Fisheries managers should consider how management decisions affect markets, access and use of seafood,” the researchers told SeafoodSource in an email.

The Magnuson-Stevens Act, which is the main fisheries management law in the U.S., requires fisheries to be managed to produce the greatest benefits to the nation in terms of food production, within environmental constraints.

“However, while this is a key component of the [law], fisheries are generally not managed with food production in mind,” the researchers said.

Current fisheries management doesn’t take into account what the fish is used for once it’s caught, or where it goes. This means that it’s impossible to know if the country is meeting optimum yield, the researchers said.

Part of this disconnect comes from the fact that fisheries policymakers and public health officials are literally in different federal departments: Commerce for fisheries and Health and Human Services for public health. Federal agencies do cooperate on seafood inspection.

The researchers recommend fostering better collaboration between fisheries and health agencies.

“The public health and medical community needs to seek out information from the fisheries community about the ecological health of a resource before they make recommendations about what seafood consumers should eat,” they said.

Read the full story at Seafood Source

Members of Congress Call on Trump to Allow Fishing in Northeast Canyons and Seamounts National Monument

WASHINGTON (Saving Seafood) — June 14, 2017 — Yesterday, nine Members of Congress wrote to President Trump, urging the Administration to lift restrictions on fishing in the Northeast Canyons and Seamounts National Monument and to return fisheries management to the regional fishery management councils. The monument, designated via Executive order by President Obama last September, has prohibited commercial fishing in more than 4,900 square miles of ocean off the coast of New England.

According to the letter, this misuse of executive power will not only put commercial fishermen out of business, but will also harm many ocean communities that depend on a strong fishing economy. The letter calls for fisheries in the area to once again be managed under the Magnuson-Stevens Act, which has long ensured the United States has one of the most sustainable and environmentally friendly fisheries management systems in the world.

The letter was co-signed by members Tom MacArthur (R-RJ), Andy Harris (R-MD), Frank LoBiondo (R-NJ), Aumua Amata Coleman Radewagen (R-AS), David Rouzer (R-NC), Lee Zeldin (R-NY), and Walter B. Jones (R-NC).

Read the letter here