Saving Seafood

Federal Government Declares Fishery Disaster for Low Pink Salmon Harvest in Gulf of Alaska

January 30, 2017 — Governor Bill Walker and Lt. Governor Byron Mallott welcomed news that the U.S. Department of Commerce Secretary Penny Pritzker accepted the state’s request for a disaster declaration on pink salmon harvests in the Gulf of Alaska last week. In accordance with Section 312 (a) of the Magnuson-Stevens Fishery Management and Conservation Act (MSA), the State of Alaska requested the federal government declare a fishery disaster for poor pink salmon runs across the Gulf region in 2016.

“The impacts of low pink salmon runs are being felt across the entire Gulf of Alaska,” said Governor Bill Walker. “In addition to commercial fishermen and fish processors, those who sell fuel, tackle, supplies, groceries, and lodging are also struggling from the poor season. Local governments will also feel the burden on their economic base. We are pleased with this news from the U.S. Department of Commerce, and we will work with the federal government going forward to address this issue. I thank all the legislators who tirelessly advocated for this declaration, especially Representative Louise Stutes for making the first request.”

Read more at Alaska Business Monthly 

Despite recent tweaks, New England fishermen want more changes in law

January 13, 2017 — Despite tweaks to fishing guidelines in 2016 aimed at increasing regulatory flexibility, some New England groundfishermen and recreational fishermen still support a move to amend the Magnuson-Stevens Act, sources told Undercurrent News.

The National Oceanic Atmospheric Administration (NOAA’s) recently made changes to a guideline known National Standard One (NS1), but there will still likely be a push from east coast fishermen to amend the Magnuson-Stevens Act as Republican president-elect Donald Trump takes office.

The effort intends to bring more “flexibility” to fishery management, sources told Undercurrent News. 

In October of 2016 NOAA made changes to NS1, which aims to prevent overfishing while achieving the optimum yield from each fishery.

Changes were first proposed in January 2015, and the final rule passed in October 2016 giving regional councils more latitude to set catch limits, a change that was opposed by environmental groups.

Call for flexibility 

Fishermen, particularly on the US east coast, have been critical for several years of what they say are rigid timelines that give regulators ten years to rebuild stocks deemed overfished.

Some sources told Undercurrent that the lack of flexibility sometimes forces regulators to severely — and some say, unnecessarily — cut quotas when fisheries are nearing the 10-year mark. If a fishery has shown improvement and is nearing its goal, they claim, it makes no difference in the long run whether they reach that goal in the allotted ten years or sooner.

“I think that it’s possible that those new guidelines acted as a relief valve for that pressure. I don’t know that you’re going to get as much pressure to create flexibility in the act that you would get two years ago,” Shannon Carroll of the Alaska Marine Conservation Council told Undercurrent.

Read the full story at Undercurrent News

Red snapper scarcity prompts push to change US fishing laws

January 13, 2017 — Proposed changes to the main US fishing law could alter the way scarce red snapper is regulated, even as a new advisory panel aimed at alleviating long-standing tension between recreational and commercial fishermen prepares its first report.

The incoming administration of Donald Trump and the Republican-controlled congress may make it easier for proponents to achieve changes to the Magnuson-Stevens Act, the law that governs all fishing regulation in the US federal waters, sources have told Undercurrent News.

Some of the most vocal proponents of changes to the current law and their critics are users of the Gulf of Mexico red snapper fishery, which was once overfished but has recovered amid strict regulation.

With recovery, however, has come controversy, particularly among recreational red snapper fishermen who have seen the number of days they are allowed to fish in federal waters dwindle even as the number and quality of fish in the water improve.

In response, the five gulf states have set their own recreational fishing seasons in near-shore state waters. Keeping this in mind, federal officials have responded by drastically cutting the number of days red snapper fisherman can fish in federal waters. Multiple lawsuits followed.

Read the full story at Undercurrent News

Trump’s rise may bring big changes to main US fishing law

January 12, 2017 — Previously unsuccessful efforts to reform the US’s main federal fishing law, the Magnuson-Stevens Act, are positioned to move ahead under a Donald Trump administration.

New efforts to amend the US Magnuson-Stevens Act are expected from the new Congress, leaving some in industry concerned with any move away from a law judged by many to have worked reasonably well for four decades.

Some in industry have told Undercurrent News that they fear pressures to add more “flexibility” could allow political considerations to undermine science-driven decision-making currently enshrined in the bill, which forms the basis for most federal fishing regulation in US waters.

“Right now you might be looking at potential for a whole lot of changes and revisions,” said an Alaska-based source who wished to remain unnamed. “I would say there should be some anxiety about how far you go giving people flexibility that moves outside the scientific realm.”

But how drastically Magnuson Stevens might change, if at all, remains to be seen, he added.

HR 1335

One such effort, a bill known as HR 1335 sponsored by Alaskan Representative Don Young, faced a veto threat from president Barack Obama, who will be replaced by Trump on Jan. 20.

One of the bill’s central provisions would have reformed Magnuson-Stevens’s mandatory 10-year stock rebuilding timeline, incorporating additional flexibility. Instead of formally defining all stocks in decline as “overfished”, Young’s amendment would allow the term “depleted” when the reason for a stock’s decline is due to depredation or other non-fishing factors.

Read the full story at Undercurrent News

Oceana Files Legal Challenge to Northern Anchovy Catch Limit

WASHINGTON (Saving Seafood) — November 29, 2016 — Last week, environmental group Oceana filed a lawsuit alleging that a recent National Marine Fisheries Service (NMFS) specification rule allows commercial fishing for northern anchovy at levels that threaten the anchovy population and the marine ecosystem. The complaint was filed against the NMFS, Secretary of Commerce Penny Pritzker, and the National Oceanic and Atmospheric Administration (NOAA) in the District Court of Northern California.

The specification rule in question, announced October 26, 2016 under the Coastal Pelagic Species Fishery Management Plan, set an annual catch limit (ACL) of 25,000 metric tons for the central subpopulation of anchovy. In its lawsuit, Oceana claims that the NMFS did not articulate the scientific basis for this ACL, did not base the ACL and related management measures on best available science, and did not explain how it would prevent overfishing and protect the West Coast marine ecosystem’s food web.

In doing so, Oceana claims that the rule violates the Magnuson-Stevens Fishery Conservation and Management Act and the Administrative Procedure Act. The complaint claims that the northern anchovy population has severely declined since 2009, and that northern anchovy are “one of the most important forage species” in the California marine ecosystem.

“The Fisheries Service’s actions and failures to act have harmed Oceana’s members’ interest in rebuilding and maintaining a healthy and sustainable population of northern anchovy and a healthy ocean ecosystem,” said the lawsuit, which was filed by lawyers from Earthjustice on Oceana’s behalf. “This harm will continue in the absence of action by the Court.”

Read the full legal complaint as a PDF

CHRISTOPHER BROWN: A New Administration and our Nation’s Fisheries

November 16, 2016 — The following was released by the Seafood Harvesters of America:

Commercial fishing employs over 187,000 Americans and provides $14.8 billion in economic output. The Seafood Harvesters are a unified voice for thousands of small businesses and self-determined fishing families who exercise the privilege of putting delicious, healthful seafood on America’s dinner plates.

As harvesters of a public resource we recognize and embrace our stewardship responsibility. We strive for accountability in our fisheries and encourage others to do the same. In doing so we honor both the bounty of our oceans and the many millions of Americans who enjoy seafood.

We know that the only way to ensure a plentiful and lasting seafood harvest for America is through science-based management of our fisheries. By respecting both the letter and the spirit of the Magnuson-Stevens Act – our nation’s foundational fisheries law – America’s commercial fishermen have played a central role in the remarkable success of U.S. fisheries and a 98% increase in the sustainability of our 199 most important fish stocks. When we focus on accountability in fishing practices and fishery management we make economic success possible, while at the same time working to curb illegal and unregulated seafood imports that put American workers and consumers at risk.

We call on the incoming Trump administration to join us in championing tens of thousands of commercial fishing businesses in this country. And we look forward to working with accountability-focused members of the recreational fishing community as they demonstrate their own commitment to the economic and environmental sustainability of our nation’s priceless marine resources.

ALASKA: SE legislators seek inclusion in pink salmon disaster request

October 26th, 2016 — A pair of Southeast legislators is asking the governor to include Southeast fishermen in Alaska’s request for federal disaster relief under the Magnuson-Stevens Act.

Sitka representative Jonathan Kreiss-Tomkins and Ketchikan representative Dan Ortiz made the appeal in a letter to Governor Bill Walker on October 21, on behalf of Southeast fishermen affected by this season’s weak pink salmon return.

Under the Magnuson-Stevens Act, fishermen are eligible for automatic disaster relief if the value of a fishery drops more than 80-percent below its five-year average.

Staffers for Kreiss-Tomkins and Ortiz calculated this season’s loss at 55-percent, which qualifies the Southeast pink salmon fishery for “further evaluation” for disaster relief.

Governor Walker in September applied for disaster relief for the pink salmon fisheries in Prince William Sound, Kodiak, Lower Cook Inlet, and in Chignik.

In Southeast, pink salmon are targeted primarily by seiners. In their letter, Kreiss-Tomkins and Ortiz argue that Southeast fishing families are facing huge losses through no fault of their own, and there is no reason to bar them from the same support requested for Southcentral fishermen.

Read the full story at KCAW

Industry applauds new NOAA fisheries, Magnuson-Stevens guidelines

October 17, 2016 — Changes to national standards for Magnuson-Stevens are receiving accolades from the recreational fishing industry.

NOAA Fisheries last week filed in the Federal Register its final rule to revise the guidelines for National Standards (NS) 1, 3, and 7 of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).    MSA contains 10 national standards which guide the contents and objectives of federal fishery management plans.

Groups including the Recreational Fishing Alliance and American Sportfishing Association are applauding the revision.

“We commend NOAA Fisheries for making meaningful improvements to the National Standard guidelines, which should improve recreational fishing opportunities for federally managed marine fisheries while ensuring the nation is still achieving our strong fisheries conservation standards,” said Mike Leonard, ASA’s Conservation director. “Many of the proposed changes address issues identified through the engagement that NOAA Fisheries has made with the recreational fishing community in recent years, and more specifically the recommendations of the Commission on Saltwater Recreational Fisheries Management, more commonly known as the Morris-Deal Commission.”

The revisions include several changes sought by the industry:

  • Allowing changes to catch limits to be gradually phased in over up to three years, as long as overfishing is prevented.
  • Increasing latitude, based on the biology of the fish stock, in setting timelines for rebuilding programs.
  • Providing flexibility for better managing data-limited stocks while adhering to conservation requirements.
  • Allowing for greater stability in fishing regulations through guidance on considering multiple years when determining overfishing status.

“RFA believes that the revisions put forward by NOAA Fisheries in the final rule are a step in the right direction and will help restore some balance to the management of our federal fisheries under MSA,” said Jim Donofrio, RFA executive director.  “The intent of Congress was to treat the 10 national standards equally in order to achieve a balance between conservation and needs of our fishing communities.  Yet, selective execution of certain national standards over the past decade has resulted in a loss of opportunity and economic output in many of our most important recreational fisheries.”

The rulemaking revisions are progress, but point to the importance of legislative changes to address the issues with Magnuson-Stevens, Donofrio said.

Read the full story at Boating Industry

Fishing rule gives regional councils more flexibility on catch limits

October 14th, 2016 — Recreation anglers could see more fishing opportunities under a new rule issued by the Obama administration Thursday that gives regional management councils more flexibility to set catch limits.

The rule, already under fire from environmental groups in a rare conflict with the administration, could help mollify the recreational industry and its Republican allies in Congress. They’ve been critical of the administration for not relaxing restrictions given the dramatic rebound of many fish stocks over the past few years.

Officials with the Fisheries division of the National Oceanic and Atmospheric Administration, said the change, months in the crafting, strikes an appropriate balance between the needs of the economically vital recreational and commercial industry while not undermining the current law that has helped rescue dozens of once overfished stocks.

Re-authorization of Magnuson-Stevens a decade ago is credited with helping to rebuild 40 endangered stocks since 2000. Eight stocks came off the overfishing list in 2015 including greater amberjack in the Gulf of Mexico, thorny skate in the Gulf of Maine; and hogfish in the Eastern Gulf of Mexico.

Read the full story at USA Today