Saving Seafood

Head of NOAA, Kathryn Sullivan visits Pacific Council

The following was released by NOAA:

April 11, 2016 — VANCOUVER, WA. — Dr. Kathryn Sullivan, the Administrator of the National Oceanic and Atmospheric Administration (NOAA), visited the Pacific Fishery Management Council (Council) meeting in Vancouver, Washington on Saturday, April 9, 2016  and addressed the Council, which is responsible for managing ocean fisheries off Washington, Oregon, and California. Dr. Sullivan is a distinguished scientist, astronaut, and explorer.

Dr. Sullivan spoke on the 40th anniversary of the Magnuson-Stevens Act, or MSA, which forms the basis for marine fisheries management in the United States. “There’s no way to say the MSA has been anything other than a success in terms of net consequences for the resources. It’s not always an easy journey, but the MSA has put the U.S. at the forefront of sustainable and effective fisheries management.”

Dr. Sullivan had many positive things to say about the Pacific Council, which is one of eight regional fishery management councils around the country. “This Council in particular has exemplified the strong and productive role the Councils have played. The ethos that this Council brings, to what is admittedly still a difficult challenge, is very noteworthy. It’s a very constructive culture. Many times on this trip, members of the community and Council have gone out of their way to say good things about the NOAA team; to really acknowledge that there are human beings on the on the sides of the table here. My sense is that this Council does its work in a very constructive and effective fashion.”

Dr. Sullivan was finishing a 1,000-mile road trip along the West Coast. Along her way, Dr. Sullivan met with fishermen and fishing family members to talk about the groundfish trawl catch share program, electronic monitoring of fish catches, fishing observer costs, the effects of climate change, and the need to develop and maintain trust between fishing communities and fishery managers.

She also recognized the Council’s outgoing Executive Director, Dr. Don McIsaac, and presented him with a plaque honoring his career. “Don’s experience, Don’s personal character and manner gave him the tools and insights needed to guide the Council through a challenging time,” she said. “With his hand on the helm, overfished groundfish stocks were cut in half, the Council became a leader in electronic monitoring and ecosystem-based management, and Don was a key organizer of a national fisheries conference that helped chart a course for fisheries management in the future. The next Executive Director is clearly going to have big shoes to fill.”

Council Chair Dorothy Lowman said “Dr. Sullivan has both a breadth of knowledge and a passion for ocean resources and communities that depend on those resources. We are very fortunate to have her leadership at NOAA exploring how best to focus the agency’s resources to provide services to the public.”

The Pacific Council is one of eight regional councils established in 1976 by the Magnuson-Stevens Fishery Conservation and Management Act, and recommends Federal fisheries management actions off Washington, Oregon, and California.

President Obama Will Not Designate Cashes Ledge as a National Monument

WASHINGTON (Saving Seafood) — March 25, 2016 — Earlier today, a spokesperson for the White House Council on Environmental Quality told the Associated Press that Cashes Ledge is “not under consideration for a [national monument] designation at this time.” According to attendees at meetings held yesterday in Massachusetts, Christy Goldfuss, Managing Director at the White House Council on Environmental Quality, stated, “Based on feedback we received, we are not considering Cashes Ledge for any kind of action at this time.” Located approximately 80 miles offshore in the Gulf of Maine, Cashes serves an important and historic area that has been fished commercially and recreationally for decades.

The Northeast Seafood Coalition and Associated Fisheries of Maine noted in a joint statement that, “Consideration of National Monument designations in the offshore Canyon areas of Southern New England remains ongoing, and affected fishermen should remain vigilant in assuring that any concerns they may have are addressed.”  Fishing interests including the Atlantic red crab fishery, offshore lobster fishery, squid, mackerel, butterfish, tilefish, albacore wahoo,dolphinfish (mahi mahi), and others have interests in areas that remain on the table. Pelagic longline, rod and reel and greenstick fisheries including yellowfin tuna, bluefin tuna, bigeye tuna and swordfish could also be affected.

The New England Fishery Management Council (NEFMC) is in the midst of an ongoing process working with fishing, environmental and scientific interests to protect deep sea coral and other important sea bottom attributes in the Northeast Canyons. NEFMC executive director Tom Nies told Saving Seafood, “The Council’s recommendations to protect Cashes Ledge are still being reviewed as part of our Omnibus Habitat Amendment. The Council has not taken a position on any of the monument proposals that have been circulated, but the meeting in Boston did give us the opportunity to explain our deep-sea coral amendment process directly to Ms. Goldfuss. We are very pleased that CEQ traveled to New England to give us this opportunity. I think the industry and state representatives present also appreciated this face-to-face meeting and we all look forward to a continuing dialogue.”

In response to the announcement, Terry Alexander, President, Associated Fisheries of Maine said, “Commercial fishermen in New England face continuous regulatory uncertainty, so it is a relief to know that there is one less restriction on fishing to worry about. We believe that the President was persuaded by a lack of scientific information to support such a designation, as well as the position expressed by stakeholders that decisions about closing areas to fishing should take place under the process outlined in the Magnuson Stevens Fishery Conservation and Management Act (MSA).”

Vito Giacalone, Chair of Governmental Affairs for the Northeast Seafood Coalition said, “We are relieved by the President’s decision to forego a National Monument designation on Cashes Ledge, As stakeholders who participated in a lengthy, thorough and transparent public process to identify and protect important marine habitats such as Cashes Ledge, we are grateful and pleased to hear that the MSA process we all followed has been acknowledged and respected by the Obama Administration. We are sincerely grateful that the President, after gathering all pertinent facts, saw that the use of Executive Order was unnecessary in light of the process that has already taken place through the New England Fisheries Management Council.

The American Antiquities Act of 1906 provides authority for the President to declare national monuments by public proclamation on lands owned or controlled by the Government of the United States, but fishing representives attending the meeting expressed concern that establishing an Atlantic marine monument usurps the public, inclusive Council/NMFS processes already undertaken and ongoing.

While the process in New England is ongoing, similar processes in the Mid-Atlantic were praised by environmental groups. For their efforts Garden State Seafood Association (GSSA) Executive Director Greg DiDomenico and Mid Atlantic Fishery Management Council (MAFMC) Chairman Rich Robbins were lauded last September as as Conservation Leaders by the New York Aquarium. In October, the two men were honored again together with GSSA president Ernie Panacek as Regional Ocean Champions by the Urban Coast Institute at Monmouth University. “The process in the Mid-Atlantic should be the model for developing targeted habitat protection in New England,” said Mr. DiDomenico. “An open, collaborative process is the best way to build on these efforts.”

BRAD KENYON: Don’t mess with success in Gulf States fisheries management

March 1, 2016 — Under federal fisheries management, red snapper populations in the Gulf of Mexico are recovering and the boating and fishing industries have grown. But on Thursday, a U.S. Senate committee will hear a proposal that could gut a decade of recovery and growth for both. The idea floated by Sen. David Vitter, R-La., would create a piecemeal system by extending the state waters of Alabama, Louisiana and Mississippi from 3 miles to 9. In addition, his plan would loosen some of the stronger tenets of the Magnuson-Stevens Fishery Conservation and Management Act — like science-based rebuilding timelines and annual catch limits.

The other gulf states’ gains would be Florida’s loss, particularly for anglers in the Tampa Bay area who must travel at least 30 miles offshore to find 60-foot waters where the red snapper population flourishes. In effect, those other three states’ extensions would create enough extra state-water fishing pressure that the stock’s rebound would be imperiled. To keep the fish populations from plunging, the government would have to severely limit the number of days for fishing in federal waters. As a practical matter, Florida fishermen would have far fewer days to catch snapper.

On Thursday, Vitter will argue before the Senate Small Business Administration Committee that the 3-mile limits hurt small coastal businesses across the gulf that rely on healthy fish populations and liberal access to them. He is wrong. And as a small boat dealership and marina owner, I know something about this.

Read the full opinion piece at Tampa Bay Times

An Essential Part of the Magnuson-Stevens Act Reaches 20 Years

February 29, 20156 — The following was released by NOAA Fisheries:

As we celebrate 40 years of the Magnuson-Stevens Act, we reflect on how one revision to the Act has resulted in 20 years of protection for habitats that are vital to our nation’s fisheries. Join us this year in honoring the remarkable efforts and accomplishments through the Essential Fish Habitat (EFH) Program, which was mandated by Congress in 1996.

Healthy Fish Habitat is Truly Essential

Healthy habitat provides the foundation for productive fisheries and resilient coastal communities. Fish habitats provide homes to many of our important commercial and recreational species, and also protect our coastal communities by acting as buffers from storms and wave damage. These benefits are linked, because the areas where fish grow and thrive are often close to shore, where thousands of fishers work and millions of people live.

NOAA’s EFH mandate has charged us to seek out the best available science to understand how and why habitats are important to our species. To date, NOAA Fisheries and the regional fishery management councils have described habitats for more than 1,000 species.

Collaboration is Key

EFH has saved large amounts of both habitat and money. Together, NOAA Fisheries and the regional councils have succeeded in protecting more than 800 million acres of habitat. That’s the size of eight Californias! Plus, NOAA Fisheries has worked with state and federal agencies to improve the design, construction, and operation of hundreds of coastal and marine infrastructure projects. These collaborations have reduced habitat impacts and saved many millions of taxpayer dollars by inspiring greater attention to smart development that allows both ecosystems and economies to thrive.

Thankfully, a determined group of people made EFH a reality 20 years ago, and the future of sustainable fisheries will rely heavily on its continued success. In our reflections, we also have an opportunity to look forward, refine our approach, and make EFH even more effective. Today, we invite you to learn more and peruse stories of how EFH works—and works well.

Alaska Senator Sullivan Examines Magnuson-Stevens Act

Anchorage, AK — February 25, 2016 — U.S. Senator Dan Sullivan chaired a Senate Commerce Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard hearing, coined, “Magnuson-Stevens Act at 40,” that examined the law’s effect on directing the country’s fisheries.

Senator Sullivan stated, “As I have mentioned at this Committee many times before, Alaska’s fisheries are by far the largest in the nation…Through the MSA’s guiding principles—the ten national standards, as applied by the eight Regional Fishery Management Councils who manage the fisheries off America’s coasts in a science-based and open and transparent stakeholder-driven process —the MSA has resulted in the world’s best managed fisheries, particularly in Alaska.”

The legislation is named after Alaskan U.S Senator Ted Stevens.  Senator Sullivan also examined issues that may improve the Magnuson-Stevens Fishery Conservation and Management Act (MSA), which was previously reauthorized in 2006.

Read the full story at Alaska Link

Plan to Establish Aquaculture in Offshore Waters Challenged by U.S. Conservation/Environmental Groups

New Orleans, LA — February 17, 2016 — Center for Food Safety has filed a new lawsuit challenging the National Oceanic and Atmospheric Administration’s (NOAA) new federal regulations permitting, for the first time, industrial aquaculture offshore in U.S. federal waters in the Gulf of Mexico. The plaintiff coalition CFS is representing in the case make up a broad array of significant interests in the Gulf of Mexico, including commercial, economic, recreational, and conservation purposes: the Gulf Fishermen’s Association; Gulf of Mexico Reef Fish Shareholders’ Alliance; Charter Fishermen’s Association; Destin Charter Boat Association; Clearwater Marine Association; Alabama Charter Fishing Association; Fish for America, USA, Inc.; Florida Wildlife Federation; Gulf Restoration Network; Recirculating Farms Coalition; and Food & Water Watch.

“Offshore industrial aquaculture will cause irreparable harm to the Gulf ecosystems and coastal communities,” said George Kimbrell, senior attorney for CFS and counsel for the plaintiffs. “We need to better manage and protect our native fisheries, not adopt destructive industrial food practices that put them at risk. This lawsuit, brought by a range of concerned stakeholders, aims to halt these shortsighted plans.”

“Our intention in being a part of this lawsuit is to not only help protect our members and commercial fishermen but to also help protect the fishing and non fishing public who depend on the wild fish stocks from damage that may occur from a numerous amount of various dangers from farm raising fish in open ocean pens in the Gulf of Mexico,” said Glen Brooks of the Gulf Fishermen’s Association.

The questionable federal permitting scheme, more than ten years in the making, is NOAA’s attempt to do an end-run around the United States Congress: multiple national bills that would have allowed and regulated industrial aquaculture never made it into law in the past decade. In an effort to push offshore aquaculture forward without a new law permitting it, NOAA exceeded its authority to regulate fishing under the Magnuson-Stevens Act and now plans to permit offshore aquaculture as a “fishing” activity.

Read the full story from The Fishing Wire

Ocean Trust Endorsement of NOAA Assessment

February 1, 2016 – The following was released by Ocean Trust:

Ocean Trust strongly endorsed the recent release of NOAA’s peer-reviewed self-assessment that shows the standards of the United States fishery management system under the Magnuson-Stevens Act more than meet the criteria of the United Nation’s Food And Agriculture Organization’s ecolabelling guidelines. These same guidelines serve as a basis for many consumer seafood certification and ranking schemes.

“The NOAA assessment offers a model for assessing the sustainability of fishery management systems,” noted Thor Lassen, President of Ocean Trust and co-developer of the assessment methodology. “The thoroughness of the assessment by NOAA validates not only the sustainability of US fisheries, but the potential to move towards certification of management systems instead of individual fisheries.”

The assessment evaluated the US management system using the “FAO Evaluation Framework to Assess the Conformity of Public and Private Ecolabelling Schemes with the FAO Guidelines for the Ecolabelling of Fish and Fishery Products from Marine Capture Fisheries,” but focused on the conformance of management systems as a whole rather than that of individual fisheries.

The initiative to assess fish management systems was based on discussions and finding from a series of “Science & Sustainability Forums” (2010-2014) convened by Ocean Trust and the American Institute of Fishery Research Biologists which concluded that:

  • Sustainability is best defined by the management system, not a snapshot of the stock status (overfished) or fishing level (overfishing) at any point in time, but the capacity of the system to respond to changes in stock levels or impacts via management measures.
  • Effective management systems will include adequate responsive action to end overfishing, avoid irreversible harm, and produce sustainable fisheries, and
  • Sustainability, although often gauged on a fishery-by-fishery basis, is actually the result of a well-designed and implemented management system.

NOAA Fisheries staff participated in the Science and Sustainability Forum in Reston, Virginia in February 2012. Following the forum, NOAA Fisheries initiated a project to evaluate the U.S. federal fishery management system against the U.N. Food & Agriculture Organization’s (FAO) Guidelines for the Ecolabelling of Fish & Fishery Products from Marine Capture Fisheries.

2012 Knauss Fellow Dr. Michelle Walsh led the NOAA Fisheries effort and collaborated closely with Thor Lassen of Ocean Trust.

The assessment examined three forms of evidence for management program conformance with twenty-four key criteria that addressed the management structure, status of stocks and ecosystem impacts as dictated by “FAO Guidelines.” The structure and methodology of the framework approach was developed in collaboration with Ocean Trust and guidance from former FAO Directors to ensure conformance with “FAO’s guidelines.”

The evaluation process was presented at the American Fisheries Society, Managing Our Nations Fisheries Conference, Marine Fisheries Advisory Committee Meeting, and at the 2014 FAO Committee on Fisheries Meeting in Rome. The process was also peer-reviewed by the Center for Independent Experts (CIE) and published as a NOAA Technical Memorandum on January 28, 2016. www.nmfs.noaa.gov/sfa/publications/feature_stories/2016/fisheries_assessment.html

During this same time period Ocean Trust worked with the Louisiana Department of Wildlife and Fisheries and later the Gulf States Marine Fisheries Commission to assess management systems in the Gulf of Mexico. The results of both assessments demonstrate that:

1. Management systems can be assessed to FAO standards providing major efficiencies in assuring the sustainability of products from those systems. When serious issues arise or as warranted, fishery-by fishery assessments can be conducted as needed.

2. The assessment process can address both national and state programs. For the Gulf, the assessment confirmed the use of adaptive management practices with modern and well-accepted management techniques to sustain its key fisheries over multiple generations.

3. If the processes within a management system are deemed to be adequate to sustain individual fisheries, then the products from those fisheries should be deemed sustainable (i.e., recognized in the market-place) as is often stated by NOAA regarding US fisheries.

“We need to be realistic when looking at fisheries in the US and abroad, the vast majority of which have not been certified because of the impractically and cost under the current certification programs,” concluded Lassen. “We have to rationalize the process and be open to efficiencies offered by a broader approach that focuses on evaluating management systems.”

Ocean Trust will moderate a panel on “Rationalizing Seafood Sustainability” during the 2016 North American Seafood Expo Conference Session Tuesday, March 8th 10:30-12:00 where representatives from Ocean Trust, NOAA, American Institute of Fishery Biologists and others will present their findings and conclusions regarding the sustainable management of seafood.

View a PDF of the release

Feds approve exemption of US longline vessels in American Samoa Large Vessel Prohibited Area

February 1, 2016 — The following was released by the Western Pacific Regional Fishery Management Council:

Federally permitted longline vessels in American Samoa that are over 50 feet in length can fish for pelagic species in certain areas of the American Samoa Large Vessel Prohibited Area or LVPA. The National Marine Fisheries Service announced the final rule, which will publish in the Federal Register on February 3, 2016.

The LVPA, which extends out to 30 to 50 nautical miles from shore around the islands of American Samoa, prohibits vessels greater than 50 feet from fishing within the area. In 2015, the Western Pacific Regional Fishery Management Council undertook decision-making to amend the applicable federal LVPA regulations to provide an exemption to large vessels in the American Samoa longline fishery to allow them to fish seaward of 12 nautical miles from shore around the islands of Tutuila, Swains Island and the Manu’a Islands. Fishing around Rose Atoll Marine National Monument remains unchanged

The LVPA was developed by the council and approved by the National Marine Fisheries Service in 2002 to prevent potential gear conflicts between large and small fishing vessels. At that time, approximately 40 alia longline vessels were operating in offshore waters around American Samoa. Originally used to target bottomfish, the alia vessels range from 25 to 40 feet in length and have a catamaran hull.

Since 2002, the alia longline fleet in American Samoa declined to the point where only one alia longline vessel was operating in recent years. In 2014, the council proposed opening the LVPA as a means to assist the larger U.S. longline vessels based in American Samoa. The U.S. fleet was experiencing financial difficulties attributed in part to market competition resulting from an influx of Chinese longline vessels in South Pacific albacore fishery. In making its decision, the council noted that the National Standards of the Magnuson-Stevens Fishery Conservation and Management Act require the achievement of optimum yield and the fair and equitable allocation of privileges. The council took final action on the measure in March 2015. The exemption will be reviewed annually by the council to take into consideration any new small vessel fisheries development initiatives, small vessel participation and catch rates.

Council Chair Edwin Ebisui Jr. noted that the measure is important to maintain the supply of U.S. caught albacore from the local longline fleet to the Pago Pago-based canneries in American Samoa. The exemption will improve the viability of the American Samoa longline fishery and achieve optimum yield from the fishery while preventing overfishing.

The Western Pacific Regional Fishery Management Council was established by Congress in 1976. Under the Magnuson-Stevens Fishery Conservation and Management Act, the Council has authority over the fisheries in the Pacific Ocean seaward of the state/territory waters of Hawaii, American Samoa, Guam, Commonwealth of the Northern Mariana Islands and the U.S. Pacific Remote Island Areas.

Read the release online here

U.S. Fisheries Management Clears High Bar for Sustainability Based on New Assessment

January 28, 2016 — Today, NOAA Fisheries announced the publication of a peer-reviewed self-assessment that shows the standards of the United States fishery management system under the Magnuson-Stevens Act more than meet the criteria of the United Nation’s Food and Agriculture Organization’s ecolabelling guidelines. These same guidelines serve as a basis for many consumer seafood certification and ranking schemes. The assessment demonstrates that the U.S. fisheries management system is particularly strong when considering responsiveness and science-based criteria. Beyond the biological and ecosystem criteria, the assessment also pointed out that the U.S. system incorporates the social and economic components of fisheries essential for effective long-term stewardship.

This assessment was authored by Dr. Michelle Walsh, a former NOAA Fisheries Knauss Fellow and current member of the Marine Science Faculty at Florida Keys Community College. Walsh evaluated the sustainability of how U.S. federal fisheries are managed using the FAO’s Guidelines for the Ecolabelling of Fish and Fishery Products from Marine Capture Fisheries. These guidelines are a set of internationally recognized criteria used to evaluate the sustainability of fisheries around the world.

“While the performance of U.S. fisheries clearly illustrates that the U.S. management system is effective, my colleagues and I wanted to evaluate the U.S. approach to fisheries management as a whole against these international guidelines for ecolabelling seafood,” said Walsh.

Read the full story from NOAA Fisheries

Seven Fishing Associations File an Amici Brief to U.S. Supreme Court in Shark Fin Lawsuit

WASHINGTON (Saving Seafood) — January 28, 2016 — Seven fishing associations have filed an amici brief in support of the Plaintiffs’ petition for certiorari in Chinatown Neighborhood Association, et al. v. Kamala D. Harris, which seeks to overturn California’s shark fin possession ban.  The Sustainable Fisheries Association, Rhode Island Fisherman’s Alliance, Long Island Commercial Fishing Association, Garden State Seafood Association, North Carolina Fisheries Association, Virginia Seafood Council and America Scallop Association take the position that the ban frustrates the purpose of the Magnuson-Stevens Act (MSA).

The Plaintiffs’ suit claims California’s shark fin law directly affects the fisheries of abundant, sustainably federally managed shark species such as Atlantic spiny dogfish and winter skate. According to the brief, “The California shark fin ban directly conflicts with the basic purpose of commercial fishing – allowing commercial fishermen to possess, and to place in the stream of domestic and international commerce, legally harvested fish.”

The brief argues that the California law conflicts with commercial fishing regulations that are governed and sanctioned by the MSA and should be preempted by the federal law. Commercial fishermen may catch Atlantic spiny dogfish and winter skate but the ban outlaws the fins from those legally caught sharks from being possessed in or shipped through California. According to the brief, this arrangement “creates an impermissible conflict by frustrating a primary purpose of MSA.”

The fishing associations argue that the law also conflicts with existing treaties between the United States and foreign countries by stopping fins from sharks like Atlantic spiny dogfish and skate at the California border, barring access to the ports and airports of California and ultimately prohibiting commercial fishermen from conducting foreign trade. The suit considers this a direct assault on the MSA and lawful businesses.

According to the brief, “the shark fin possession ban is not only ‘an obstacle to the accomplishment and execution of the full purposes and objectives of Congress’…but it frustrates treaties and overtly blocks international trade,” and harms the members of the fishing associations.

View a PDF of the amici brief