Saving Seafood

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

 

Federal judge denies fisherman’s motion to block shift of monitoring costs to fishermen

January 28, 2016 —  A federal judge has denied a New Hampshire fisherman’s motion for a preliminary injunction that would have halted NOAA Fisheries’ plan to shift the cost of the at-sea monitoring program to fishermen.

U.S. District Judge Joseph J. Laplante, sitting in Concord, New Hampshire, ruled Wednesday that New Hampshire fisherman David Goethel’s claims for injunctive relief in his suit against the U.S. Department of Commerce and the National Oceanic and Atmospheric Administration are barred by the Magnuson-Stevens Act.

“Accordingly, plaintiffs’ motion for preliminary injunction is denied,” Laplante wrote in his ruling.

Goethel, owner of the 44-foot fishing trawler Ellen Diane out of Hampton, and Northeast Fishing Sector 13 are suing the federal agencies and administrators, claiming NOAA’s plans to shift the cost of at-sea monitoring (ASM) to permit holders is illegal and will put fishermen out of business.

Saving Seafood Editor’s Note: The following clarification was provided by David Goethel, a primary plaintiff in the lawsuit:

The Judge gave a narrow preliminary ruling that denied the availability of a particular kind of preliminary injunctive relief. He ruled that he could not issue an injunction to stop the National Marine Fisheries Service from charging the fishermen for At-Sea-monitoring until the merits of the case were decided. The court said nothing about the merits of the case — specifically, nothing at all about the legality of industry funding for ASM — and we are working to get the merits decision as quickly as possible. Meanwhile the Court denied the government’s motion to transfer the case to Boston, Massachusetts, so we can hope that he will want to reach the merits soon.  We are still fighting to prevent industry funding from kicking in. A court date has not been set for a hearing on the merits of our case, but the Judge did set a date for the government to provide the administrative record and honor a Freedom of Information request for all documents and emails written in regards to at-sea monitoring.

Read the full story at Gloucester Daily Times

 

 

GSI’s Walk On the Hill Important For Survival of Gulf Fisheries

January 25, 2016 — Even before members of the Gulf Seafood Institute (GSI) took their first steps toward Capitol Hill, they realized this year’s “Walk on the Hill” would be extremely important for the survival of commercial fishing in the Gulf of Mexico.

“The surprise that state boundary limits for all fisheries going to nine miles introduced into the Sportsman’s package has dire consequences for a lot of seafood sectors that haven’t been vetted,” said GSI Florida Board Member David Krebs, president of Ariel Seafood. “I think we are all surprised these amendments have been attached to an Environment and Public Works bill instead of through the Commerce Committee. Hopefully GSI will be able to circumvent the damage before it is done.”Hours before GSI members were scheduled to leave their D.C. headquarters at the Hotel George, GSI received word that two amendments would be offered to the Bipartisan Sportsmen’s Act being heard at the Senate Environment and Public Works Committee that would negatively impact the harvesting of commercial seafood in the Gulf of Mexico. One of these amendments would have permanently extended state waters in the Gulf of Mexico to nine miles, effectively rescinding the Magnuson Stevens Act for all commercial, charter-for-hire and recreational fishing out to 9 miles – an outcome that would imperil consumers’ access to Gulf fisheries.

With a telephone glued to his ear, GSI President Harlon Pearce, owner of Harlon’s LA Fish in New Orleans, made call after call to other organizations to raise awareness of the proposed amendments. The organization made last minute changes to its legislative agenda as it prepared to meet with the Gulf Congressional Delegation, as well as Maryland’s Senator Barbara Mikulski and Alaska’s Senator Dan Sullivan.

“We often meet with legislators outside of the Gulf,” said Pearce. “It was a stroke of luck that we were in the right place at the right time to bring this important information on the proposed amendments to their attention. We also thanked them for all they have done for our industry in the past. It is important to meet with legislators outside of the Gulf to educate them that what affects our fisheries eventually affects their constituents.. We want to keep Gulf fish available for all Americans.”

Read the full story at Gulf Seafood Institute

 

DAVE KUBIAK: Alaska’s senators, especially Sullivan, can positively affect fisheries for generations

January 25, 2016—Alaska and sustainable seafood are synonymous. Whether because of our iconic salmon and halibut fisheries or the fact that 60 percent of the nation’s fish is caught off our coast — when people think of Alaska, they think seafood.

Equally synonymous with Alaska and Alaska seafood is Sen. Ted Stevens and his legacy of championing responsible fisheries management. Indeed, the nation’s federal fisheries management law, the Magnuson-Stevens Act, bears the name and insights of our late senator.

It is fitting, then, that the “Stevens Legacy” is one of our state’s most important exports. Through the various updates of the Magnuson-Stevens Act, Stevens worked to advance sustainable fisheries not just for Alaska but also for the country. In 1996, he led the charge to amend the law to require fishery managers to rebuild depleted stocks in a timely fashion. In 2006, he further improved the act to require science-based annual catch limits for the whole country — something Alaska had been doing for decades. These provisions have become core to U.S. fisheries management and have rebuilt nearly 40 fish populations across the country since 2000.

Now it is Sen. Dan Sullivan’s turn to carry that legacy forward. Sen. Sullivan holds an important membership on the Senate Commerce Committee — where Stevens left his mark on the nation’s fisheries law. With the Magnuson-Stevens Act due for reauthorization, Sullivan has the opportunity to shape and define fisheries management for the next generation of fishermen in Alaska and beyond.

Read the full opinion piece at Alaska Dispatch News