Saving Seafood

Southern fisheries earn win in federal court

September 26th, 2016 — A federal appeals court has ruled in favor of a state commercial fishing organization that challenged a decision to move several southern Alaska salmon fisheries from federal to state management.

The U.S. Ninth Circuit Court of Appeals on Wednesday overturned the decision by the North Pacific Fishery Management Council. The ruling means the case will go back to U.S. Alaska District Court and that federal fisheries policymakers will have to work with state managers on a new management plan, The Alaska Journal of Commerce reported.

The United Cook Inlet Drift Association sued over the council’s 2011 decision to remove Cook Inlet, Prince William Sound and Alaska Peninsula salmon fisheries from the federal fisheries management plan. The 2013 suit was initially rejected by District Court Judge Timothy Burgess. But the group appealed, arguing that the state’s plan doesn’t adhere to the same high standards as federal rules.

Federal fisheries management plans must be in line with the Magnuson-Stevens Act, which require fisheries managers to consider optimum yield, best available science, equitable allocations and community health among other factors.

The Cook Inlet group called the appeals court ruling a win for Alaska’s fishermen and the health of the resource.

 

Read the full story from the Associated Press at Juneau Empire 

Work Continues on Coral Amendment, Clam Dredge Framework

September 23, 2016 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council today clarified the range of fishing gear restrictions that will be analyzed under its Deep-Sea Coral Amendment. The Council is considering alternatives to restrict (1) trawl and dredge gear only; or (2) all fixed and mobile bottom-tending gears in the Gulf of Maine and Georges Bank coral zones. Previously, the Council had not taken a position on how to address the lobster and Jonah crab fisheries, which are not managed by the Council under the Magnuson-Stevens Fishery Conservation and Management Act but rather by the Atlantic States Marine Fisheries Commission.

In a move that eliminated this ambiguity, the Council asked for additional analyses from its Habitat Plan Development Team (PDT) about the potential economic and biological impacts of restricting lobster and crab traps in coral zones. The Council then added an alternative to the amendment to potentially exempt these trap fisheries from bottom- tending gear restrictions.

Updated NOAA Fisheries policy guidance, which states that restrictions in coral zones ”may apply to … state-regulated fishing that is authorized in the Exclusive Economic Zone,” enabled the Council to take this step.

On Sept. 15, President Obama designated the Northeast Canyons and Seamounts Marine National Monument, which overlaps portions of the Council’s Coral Amendment. The Council considered – but ultimately postponed to November – a motion to remove canyons and seamounts that fall within the monument’s boundaries from further consideration in the Coral Amendment.

The Council first wanted additional information from NOAA Fisheries about how regulations related to the monument designation will be developed and implemented, as well as additional analyses from the PDT, before taking action.

The deep-sea canyon zones in the Council’s amendment that fall completely or partially within the monument boundaries are Oceanographer, Gilbert, Lydonia, Filebottom, Chebacco, and Heel Tapper. The overlapping seamount zones are Physalia, Bear, Retriever, and Mytilus. The monument also includes portions of the depth-based, broad zone proposals.

In addition, the Council approved:

Boundary adjustments to the Central Jordan Basin coral zone in the Gulf of Maine based on updated information from the PDT; and

Adding a 600-meter depth-based broad zone to be considered alongside the other broad coral protection contour zones of 300, 400, and 500 meters that currently are under analysis.

Several workshops, meetings, and public hearings will be held prior to the Council taking any final action on this issue or other Coral Amendment issues.

After fine-tuning several details, the New England Council in early September resubmitted Omnibus Essential Fish Habitat Amendment 2 (OHA2) to the the National Marine Fisheries Service’s Greater Atlantic Regional Fisheries Office (GARFO) for approval. The Council and GARFO expect the amendment will be implemented next spring.

Implementation will trigger a one-year exemption for the surfclam/ocean quahog clam dredge fishery from a prohibition on fishing in the Great South Channel and Georges Shoal Habitat Management Areas (HMAs) identified in the map below.

At industry’s request, the Council initiated a framework adjustment to OHA2 to consider development of a longer-term access program so clam fishermen could continue working in both areas beyond the one-year exemption. The Council now is in the process of identifying areas within both HMAs that provide suitable bottom for clam fishing but minimize adverse fishing impacts on habitat to the extent practical. The Council’s ultimate goal is to balance conservation and industry needs.

See the full release at the NEFMC

Opponents of Atlantic monument say process lacked sufficient analysis

September 19th, 2016 — Opponents of President Barack Obama’s newly designated Atlantic marine monument, which will eventually bar all commercial fishing in a 5,000 square-mile area, say its creation was not preceded by sufficient cost-benefit analysis.

Last week, Obama established a protected area — which will be called the Northeast Canyons and Seamounts National Marine Monument — of nearly 5,000 square miles 130 miles southeast of Cape Cod.

The area was established under the 1906 Antiquities Act, which allows the president to create national monuments without congressional approval, and the method means there was a severe lack of economic and scientific analysis before the decision was made, opponents said.

By contrast, the creation of a national park or changes to fishing policies under the Magnuson-Stevens Act typically trigger extensive public comment and review processes.

Grant Moore, president of the Atlantic Offshore Lobstermen’s Association, estimated to Undercurrent News that the economic impact could be over $120 million in lost revenue, but added that making predictions is difficult given how diverse and dynamic the fishery is.

“There was absolutely no analysis done. This was basically behind closed doors,” he said, adding that there were some private meetings, but “nothing that you would have to go through under Magnuson-Stevens”.

According to Moore, many in the industry never expected the monument to pass when they first heard about it a year ago at a meeting in Providence, Rhode Island and is now trying to figure out how it will adjust.

“Basically the industry right now is taking a step back and taking a deep breath. It came at everybody pretty fast,” Moore said.  “It was not until last Friday that certain members of the industry saw the proposal for the first time. That doesn’t give you a whole lot of time to comment and try to work with them. It was basically a done deal.”

Read full story from Undercurrent News 

STATEMENT ON THE ADMINISTRATION’S NORTHEAST CANYONS AND SEAMOUNTS MARINE NATIONAL MONUMENT DESIGNATION

September 19th, 2016 — The following was released by The Seafood Harvesters of America: 

The Seafood Harvesters of America represents commercial fishermen from Maine to Florida, Texas to the West Coast and north to the Gulf of Alaska and beyond. Everything we do in our work as fishermen and in our advocacy for accountable and sustainable fishery practices is based on our nation’s foundational fisheries law, the Magnuson-Stevens Act, or MSA. Commercial fishing is not a right, it is a privilege bestowed by the laws of our country. We take that privilege very seriously.

And with privilege comes obligation. A president has an obligation to uphold the laws of this land before exercising the privilege of his office. Exercised incompletely and with little regard for science – and the public’s informed input – MSA is quickly reduced to little more than an instrument of punishment to be taken to us when it is politically expedient. The Act is capable of so much more and we are deserving of so much better.

Magnuson-Stevens allows for identification of Essential Fish Habitat (EFH), and regulatory mechanisms for preventing fishing in areas designated as EFH. In the Northeast we have just completed a 10-year process working closely with the New England Fishery Management Council to designate – again, within and under the MSA – extensive areas for EFH protection. Voluntarily and in a deeply collaborative fashion, we have taken ourselves “off the water” across vast areas of the Atlantic seaboard, from the Carolinas to the Canadian border. This has not been easy, this has not been without pain, but it has taken place within the spirit and the letter of the law that we live by.

That’s why we are so disappointed at the course chosen by the Administration in setting aside the MSA and declaring this Connecticut-sized marine monument. Although we applaud the fact that oil drilling will not be allowed in the area covered by the monument, the Administration has chosen to disregard the fact that commercial fishing will also be prevented. MSA provides a framework that we all could have worked within together, to prevent drilling and other potentially harmful activities while allowing for continued, well-managed commercial fishing.

The Northeast Canyons and Seamounts Marine National Monument designation takes fishermen off the water across vast stretches of traditional fishing grounds unnecessarily, without due consideration and collaboration. It is a sad day when the creative potential of the Magnuson-Stevens Act is set aside in a unilateral fashion through executive action in favor of a declaration that threatens severe unintended consequences – not just for New England fishermen but for the foundational integrity of the regional fishery management council process and our nation’s premier fisheries law.

‘Sad day’ for the fishing industry following marine monument designation

September 16, 2016 — NEW BEDFORD, Mass. — Backers of the Northeast U.S. fishing industry reacted with anger, chagrin and legal arguments Thursday to President Barack Obama’s declaration of a marine national monument south of Cape Cod, saying the ocean preservation effort circumvented public process and will significantly damage a key economic engine — and way of life — in the region.

“It’s all anybody’s talking about, that’s for sure,” said Jon Williams, president of Atlantic Red Crab Co. on Herman Melville Boulevard. “The general feeling is (that) it’s a sad day for the New England fishing industry.”

Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument — in two areas also known as New England Canyons and Seamounts — permanently bars those areas from an array of commercial and industrial uses, including commercial fishing. The areas total 4,913 square miles, are more than 100 miles southeast of Cape Cod and are the first such monument in the Atlantic Ocean. The designation follows at least a year of concerns and opposition from advocates of the commercial fishing industry, who feared yet another financial hit from government regulations that already include catch limits and quotas broadly questioned by fishermen.

“Millions of dollars of lost revenue are at stake” in the monument decision, states a letter from the Washington, D.C. office of international law firm Kelley Drye & Warren.

The firm sent the letter Sept. 14 to Christy Goldfuss, managing director of the White House Council on Environmental Quality, on behalf of the Southern Georges Bank Coalition. The coalition of fishing representatives includes Williams, J. Grant Moore of Broadbill Fishing in Westport, and at least 10 other members from Rhode Island, New Hampshire, Massachusetts and New York.

The letter said those entities “are directly affected by the monument description, as it includes their fishing grounds,” and called Obama’s use of the Antiquities Act to declare the marine monument, “an illegal and illegitimate use of presidential authority.”

“I think there’s widespread and pretty much universal disappointment, anger, frustration and feelings of betrayal in the commercial fishing industry,” said Bob Vanasse, a New Bedford native and executive director of Washington, D.C.-based Saving Seafood.

“There is widespread and deep feeling that our fisheries should be managed under the public process of the Magnuson-Stevens Act,” Vanasse added.

Read the full story at the New Bedford Standard-Times

Northeast Fishing Groups Question Legality of Antiquities Act in Monument Designation

September 14, 2016 (NCFC) — In a letter today to Christy Goldfuss, Managing Director of the White House Council on Environmental Quality, representatives of the Atlantic offshore lobster, red crab, squid, and whiting fisheries challenged the legality of the use of the Antiquities Act in the declaration of a new marine monument off the coast of New England.

I. THE ANTIQUITIES ACT DOES NOT ALLOW FOR MARINE MONUMENT DESIGNATION IN THE EXCLUSIVE ECONOMIC ZONE 

The letter, which was authored by attorneys from law firm Kelley Drye & Warren, representing the fisheries, argued the President’s use of the Antiquities Act to declare new marine monuments in the United States’ exclusive economic zone (EEZ) is “an illegal and illegitimate use of presidential authority.” The letter specifically notes the legal contradiction between the applicability of the Antiquities Act – passed in 1906 – and the EEZ, which was not established until 1976.

“The Antiquities Act did not apply to areas to which Congress staked its MSA [Magnuson-Stevens Act]-based claims, moreover, because the United States had never claimed any right or authority to manage the area for fisheries, natural resource protection, or anything else, prior to 1976”, the letter states. “Indeed, the MSA provides that it is “to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery resources.”

II. FISHERIES ARE BEST MANAGED UNDER THE MSA 

According to the letter, fisheries should instead be managed under the process established by the Magnuson-Stevens Act, particularly the successful marine conservation efforts undertaken by the New England and Mid-Atlantic Fishery Management Councils. The councils are required to operate according to science-based management.

“The MSA requires decisions to be made based on the best scientific information available,” the letter states. “In complete and total contrast, the monument ultimately designated in the Atlantic was largely the result of a series of political compromises layered with a thin veneer of public outreach.”

III. THE PROPOSAL IS NOT NARROWLY TAILORED AS REQUIRED UNDER THE ANTIQUITIES ACT 

Finally, existing federal law requires monuments to be as tightly confined to the area necessary to accomplish their objectives as possible. The letter states this is not the case for the proposed monument in the Atlantic.
“The proposal for a monument designation in the Northwest Atlantic canyons is not narrowly tailored to achieve its objectives,” the attorneys wrote. “Unlike the deliberative, scientifically- based fishery management council activities to protect habitat based on the presence of or suitability for corals, a restricted fishing area based solely on geographic location and depth contour is neither narrowly tailored, nor practically defensible.”

For further information or to arrange interviews with any of the fishermen mentioned in the letter, please contact NCFC Executive Director Bob Vanasse at bob@savingseafood.org.

Read the full letter here

Majority of US Seafood Producers Call to Stop Undermining Magnuson with End Run for Marine Monuments

September 13, 2016 — WASHINGTON — SEAFOOD NEWS — The US has one of the most highly successful systems for managing living marine resources in the world.  Under the Magnuson Act, stakeholders come together to determine fisheries management policy, guided by the best available science.  The result has been a huge rebuilding of US fish stocks, and the protection of essential habitat.  Many tradeoffs have been made to create closed areas, and to preserve fishing rights where coastal conditions support them.

The keys to this success are first, the decision process is completely open and transparent.  Every argument and decision is made in open forums, and according to the best available science.  This limits the ability to use fisheries resources to score political points.

Both Canada and Europe’s fisheries suffered greatly as governments for years abused their authority by trading fishing privileges for other political favors; with the result that these stocks have been significantly overfished. Only in the last few years has this process begun to be reversed.

Use of the Antiquities Act to create marine monuments, although legal, makes an end run around both state and federal management systems, and in short trades monument designations, made without public review,  for political gain.

Today, in advance of the “Our Oceans” conference being held later this week at the State Department, the National Coalition for Fishing Communities (NCFC) delivered a letter to the White House calling on the President to refrain from designating new marine monuments under the Antiquities Act. Copies of the letter were also delivered to the offices of Senators representing the states of the signers. (Letter)

The letter has over 900 fishing industry signers and is supported by 35 fishing organizations that together represent a significant majority of domestic seafood producers.  It urges the President to conserve marine resources through the federal fisheries management process established by the bipartisan Magnuson-Stevens Fisheries Management Act (MSA).

“The federal fisheries management process is among the most effective systems for managing living marine resources in the world,” the letter states. “The misuse of the Antiquities Act to create a marine monument is a repudiation of the past and ongoing efforts of almost everyone involved to continue to make Magnuson-Stevens management even more effective.”

The NCFC members join an ever-growing list of fishing organizations and individuals opposing new ocean monuments via use of the Antiquities Act. The Atlantic States Marine Fisheries Commission, the Council Coordination Committee, and over two dozen individual fish and seafood industry trade organizations have previously written to the White House asking for the MSA continue to guide fisheries management.

Mayors from major East and West coast ports have previously expressed their concerns with monument designations in letters to the White House. NCFC members have also spoke out in opposition to designating a monument off the coast of New England, which would hurt the valuable red crab, swordfish, tuna, and offshore lobster fisheries.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

U.S. Seafood Producers to White House: Don’t Harm Fisheries for Ocean Monuments

September 12, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — Today, in advance of the “Our Oceans” conference being held later this week at the State Department, the National Coalition for Fishing Communities (NCFC) delivered a letter to the White House calling on the President to refrain from designating new marine monuments under the Antiquities Act. Copies of the letter were also delivered to the offices of Senators representing the states of the signers.

The letter, with over 900 fishing industry signers and supported by 35 fishing organizations that represent the majority of domestic seafood harvesters, instead urges the President to conserve marine resources through the federal fisheries management process established by the bipartisan Magnuson-Stevens Fisheries Management Act (MSA).

“The federal fisheries management process is among the most effective systems for managing living marine resources in the world,” the letter states. “The misuse of the Antiquities Act to create a marine monument is a repudiation of past and ongoing efforts to make Magnuson-Stevens management even more effective.”

The NCFC members join an ever-growing list of fishing organizations and individuals opposing new ocean monuments via use of the Antiquities Act. The Atlantic States Marine Fisheries Commission, the Council Coordination Committee, and over two dozen individual fish and seafood industry trade organizations have previously written to the White House asking for the MSA continue to guide fisheries management.

Mayors from major East and West coast ports have previously expressed their concerns with monument designations in letters to the White House. NCFC members have also spoke out in opposition to designating a monument off the coast of New England, which would hurt the valuable red crab, swordfish, tuna, and offshore lobster fisheries.

Today’s letter was signed by the following fishing organizations:

  • Alaska Bering Sea Crabbers
  • American Scallop Association
  • American Albacore Fisheries Association
  • At-Sea Processors Association
  • Atlantic Bluefin Tuna Association
  • Atlantic Offshore Lobstermen’s Association
  • California Fisheries and Seafood Institute
  • California Lobster & Trap Fishermen’s Association
  • California Sea Urchin Commission
  • California Wetfish Producers Association
  • Coalition of Coastal Fisheries
  • Coos Bay Trawlers
  • Directed Sustainable Fisheries
  • Fisheries Survival Fund
  • Fishermen’s Dock Co-Op
  • Garden State Seafood Association
  • Golden King Crab Coalition
  • Groundfish Forum
  • Hawaii Longline Association
  • Long Island Commercial Fishing Association
  • Midwater Trawlers Cooperative
  • National Fisheries Institute
  • North Carolina Fisheries Association
  • Oregon Trawl Commission
  • Organized Fishermen of Florida
  • Pacific Coast Federation of Fishermen’s Associations
  • Pacific Seafood Processors Association
  • Pacific Whiting Conservation Cooperative
  • Southeastern Fisheries Association
  • Sustainable Fisheries Coalition
  • United Catcher Boats
  • Ventura County Commercial Fishermen’s Association
  • Washington Trollers Association
  • West Coast Seafood Processors Association
  • Western Fishboat Owners Association

Read the letter here

House Water, Power and Oceans Newsletter August 2016

September 6, 2016 — The following was released by the House Committee on Natural Resources’ Subcommittee on Water, Power, and Oceans:

Over the past few months, the House Subcommittee on Water, Power and Oceans worked towards enhancing water and power supplies, instilling federal transparency and accountability and promoting fishing access in domestic and international waters. In the final months of the 114th Congress, the Subcommittee will continue these efforts through legislative and oversight activities. For additional information about the Subcommittee please visit our website.

PROTECTING FISHING ACCESS

NATIONAL OCEAN POLICY HAS FISHING AND FARMING INTERESTS CONCERNED

The Subcommittee held a May hearing on President Obama’s National Ocean Policy. Following unsuccessful efforts to pass major national ocean policy legislation during three successive Congresses under both Democrat and Republican majorities, the Administration initiated the development of a sweeping multi-agency federal management plan for oceans, which culminated in July 2010 when President Obama issued Executive Order 13547. This Executive Order created the National Ocean Council, which includes the heads of 27 different federal agencies. The National Ocean Policy imposes a new governance structure over agencies to ensure to the fullest extent that all agency actions are consistent with the objectives laid out in the Executive Order, including marine spatial planning and ecosystem-based management.

The Subcommittee heard from witnesses representing fishing interests in the Northeast and Gulf of Mexico and a western farming and ranching witness. The Administration refused to provide a witness for the hearing to help clear up many unanswered questions. Representative Bradley Byrne (R-AL) successfully offered an amendment preventing federal funds from being used to execute actions under the National Ocean Policy to the Fiscal Year 2017 Interior Department appropriations bill.

CHAIRMAN BISHOP VISITS NEW ENGLAND COMMERCIAL FISHERIES PORT

Following the one-year anniversary of the House passage of H.R. 1335, legislation reauthorizing the Magnuson-Stevens Act, House Committee on Natural Resources Chairman Rob Bishop spent June 2, 2016 touring one of the Nation’s leading commercial fishing ports in New Bedford, Massachusetts. Accompanied by New Bedford Mayor Jon Mitchell, Representative Bill Keating, and fishing industry leaders, Bishop spent the day touring the harbor and shore-side facilities that support this robust working waterfront.

Chairman Bishop also participated in a roundtable discussion with dozens of industry representatives at the historic New Bedford Whaling Museum. While the roundtable initially focused on the work of the Committee and efforts to reauthorize the Magnuson-Stevens Act, the conversation quickly turned to the proposed Marine National Monument off the coast of Massachusetts currently under consideration by President Obama. During the roundtable, industry representatives noted the lack of transparency and presented an industry alternative to the proposal. This alternative mirrors the unified stance taken by state fisheries directors from Maine to Florida outlined in a May 9 letter to President Obama from the Atlantic States Marine Fisheries Commission.

Following this visit, Chairman Rob Bishop penned an op-ed in the Boston Herald discussing the Administration’s Marine National Monument proposal and highlighting the lack of transparency and stakeholder input in the Antiquities Act process. The Chairman’s op-ed can be found here. In response to widespread local opposition to this proposal, Representative Lee Zeldin (R-NY) successfully offered an amendment to the Fiscal Year 2017 Interior Department appropriations bill that prevents federal funds from being used to designate a Marine National Monument in U.S. federal waters (three miles from shore out to 200 miles). This followed the House’s June passage of Zeldin’s H.R. 3070, the “EEZ Zone Clarification and Access Act.” The bill allows recreational striped bass fishing in the Block Island Transit Zone and is the result of grassroots efforts by Long Island fishermen who testified at Natural Resources Committee hearings.

Read the full newsletter at the House Committee on Natural Resources

Battle over Cashes Ledge continues between fishermen, environmentalists

August 29, 2016 — Despite the Obama administration’s declaration that Cashes Ledge has been taken off the table as a possible location for a marine national monument, the divisive issue of the monuments continues to percolate nationally between fishermen and conservationists.

From Hawaii to New England, the lines are clearly drawn.

Conservation groups have sustained a steady lobbying campaign to convince President Obama to employ the Antiquities Act to create new marine national monuments in the waters around Cashes Ledge, about 80 miles off Gloucester, and the seamounts off southern New England and Monterey, California.

On Friday, Obama ended a contentious process in the Pacific Ocean when he expanded an existing marine national monument area in the northwest Hawaiian Islands to create the largest protected area on Earth — 582,578 square miles.

Fishing stakeholders and fishing communities have countered with their own public campaign that sharply criticizes the collateral impact of closing more areas to commercial and recreational fishing, as well as the method of using the Antiquities Act as an end-run around the Magnuson-Stevens Fishery Conservation Act.

“The Antiquities Act does not require transparency or a robust analysis of the science,” the Gloucester-based Northeast Seafood Coalition said in a statement. “It does not require any socioeconomic considerations be taken into account. No process is required other than an executive action by the president of the United States.”

The coalition and others, including several members of the Massachusetts congressional delegation and Gov. Charlie Baker, have tried to drive home the point that the current system of federal ocean management requires fishing businesses and communities to follow the established and intricate regulatory procedures established under Magnuson-Stevens.

To allow the creation of marine national monuments by what amounts to presidential fiat, they say, is unfair to those who have operated under the established rules and makes a mockery of Magnuson-Stevens.

“The New England Fishery Management Council is in charge of carrying out this requirement in our region,” the NSC said. “Last year, the council approved Omnibus Habitat Amendment 2 and is presently working on an Omnibus Deep Coral Amendment. These areas include the very areas now proposed and under consideration for a national monument.”

Read the full story at the Gloucester Times