Saving Seafood

Herring fishermen file appeal brief in at-sea monitoring case

February 2, 2022 — Atlantic herring fishermen who lost their case in 2021 against the federal government regarding an at-sea monitoring program filed their opening brief late last week to an appellate court seeking to overturn the decision.

That brief, which was filed to the U.S. First Circuit Court of Appeals late Friday, 28 January, claims Rhode Island U.S. District Judge Patricia A. Sullivan erred last year when she ruled the Magnuson-Stevens Act allowed the government to order the fishermen to cover the costs for monitors on their vessels.

Read the full story at SeafoodSource

 

Alaskan Indigenous leaders fear impacts on salmon streams by mining project

January 27, 2022 — For Indigenous tribes living in Alaska’s remote Yukon-Kuskokwim region, southwest of the state, the future is bleak and uncertain. Tribal councils worry that plans to construct a 6,474-hectare (15,990 acres) open-pit gold mine near the Kuskokwim River watershed will have grave impacts on salmon habitats, their traditional ways of life and their health.

“This development could possibly destroy our livelihood, rivers and sea mammals that we depend on,” said Fred Phillips, representative of the Indigenous Village of Kwigillingok tribal council. According to him, tribes are not willing to take the risk.

The Yukon-Kuskokwim Delta (YKD) drainage is part of a rich biome encompassing coastal wetlands, tundra and mountains that supports the subsistence lifestyle of three distinct Alaskan Native groups; The Yup’ik, Cup’ik and Athabascan. To access the remote region, one needs to go by boat when the Kuskokwim River is flowing, or truck, snow machine and four-wheeler when the river is frozen.

Draining into the Bering Sea to the west, the Kuskokwim River, and many of its tributaries, are designated as Essential Fish Habitat (EFH), under the Magnuson-Stevens Fishery Conservation and Management Act for Pacific Salmon. This is a legislation that manages marine fisheries in US waters.

The sprawling river is a vital source of food for the 38 communities that reside alongside it, serving as a running ground for the chinook salmon (Oncorhynchus tshawytscha), chum salmon (Oncorhynchus keta), coho salmon (Oncorhynchus kisutch), pink salmon (Oncorhynchus gorbuscha) and sockeye salmon (Oncorhynchus nerka). Given the remoteness of the region, the communities rely on subsistence fishing. Salmon makes up more than 50 percent of the tribe’s annual diet.

Read the full story at Mongabay

 

US Pacific Federal Fishery Managers Recommend Tori Lines, New American Samoa Bottomfish Stock Assessment Approach

December 9, 2021 — The following was released by the Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Council recommended today to replace blue-dyed fish bait and strategic offal discharge with tori lines in the Hawai‘i deep-set longline fishery’s suite of seabird conservation measures. This amendment will improve the overall operational practicality and efficacy of required mitigation regulations. At their meeting last week, the Council’s Scientific and Statistical Committee (SSC) supported the regulatory changes, noting that they are informed by the best scientific information available.

The change was based on a fishing-industry-led collaborative project with Hawai‘i longline vessels to conduct field experiments over the past three years to compare seabird interaction rates with baited hooks. “The Hawaii Longline Association fully supports this change to tori lines,” said HLA Executive Director Eric Kingma. Council Executive Director Kitty Simonds added, “This action is an example representing the Council’s long history of proactive and adaptive conservation measures to address fishery impacts to protected species.”

The Hawai‘i deep-set longline fishery, which targets bigeye tuna, has been using a suite of seabird mitigation measures since 2001 under the Council’s Pelagic Fishery Ecosystem Plan. This effort was accomplished through the Magnuson-Stevens Act’s bottom-up approach for making or changing fishery regulations that starts with an issue presented from Council advisory groups and the public.

The Council also endorsed the SSC’s recommendation to use a single-species, age-structured management approach for the next American Samoa bottomfish stock assessment scheduled for 2023. The American Samoa bottomfish fishery is managed in an 11-species complex, which is overfished and experiencing overfishing, according to a 2019 Pacific Islands Fisheries Science Center (PIFSC) assessment. Data are available to support age-structured assessments.

An SSC working group and PIFSC, American Samoa Department of Marine and Wildlife Resources (DMWR) and Council staffs held two data evaluation workshops to improve information used in the stock assessment. “This data discussion and evaluation is a step in the right direction,” said DMWR Director and Council Chair Archie Soliai. “Consultation between PIFSC and DMWR is absolutely necessary to ensure that the next stock assessment is accurate.”

On another issue, Council members raised concerns with the National Marine Fisheries Service’s (NMFS) “negative determination” that the proposed critical habitat designation for Endangered Species Act (ESA)-listed coral species is not expected to affect the territories’ Coastal Zone Management Programs. Territory governments have been receiving conflicting information from NMFS on whether the “negative determination” is automatic for critical habitat designations. The Council requested that NMFS follow up with the Guam and Commonwealth of the Northern Mariana Islands (CNMI) governments to provide specific reasons for not accepting the territorial objection of the NMFS negative determination on the Coastal Zone Management Act federal consistency provisions.

Council members from the CNMI, Guam and American Samoa continued to press NMFS regarding the pending critical habitat designation. In November 2020, NMFS proposed the designation of critical habitat in nearshore territorial waters. Critical habitat is habitat containing physical features essential to supporting recovery of ESA-listed species.

Territory resource agencies and governors have since voiced their dismay that such designations may impact the territory governments’ ability to manage coastal areas, which are often funded by or authorized by the federal government. Critical habitat designations add a layer of federal agency consultation to the federal project approval process.

Tomorrow the Council will discuss outcomes of the Western and Central Pacific Fisheries Commission annual meeting on tropical tuna management measures and proposed Northwestern Hawaiian Islands National Marine Sanctuary updates, among other topics. Instructions on connecting to Webex, agendas and briefing documents are posted at www.wpcouncil.org/meetings-calendars.

The Council manages federal fisheries operating in waters offshore of the State of Hawai‘i, the Territories of American Samoa and Guam, the CNMI and the U.S. Pacific Remote Islands Areas.

 

After years without representation, fight heats up for Alaska Native seats on powerful fisheries council

December 3, 2021 — After years without representation on one of the most influential decision-making bodies in America’s seafood industry, agencies and lawmakers are pushing for tribal representation on the powerful North Pacific Fishery Management Council (NPFMC).

The council plays a key role in managing US fisheries such as Alaska pollock under the authority of the Magnuson-Stevens Act, the primary law governing marine fisheries management in federal waters.

There are currently 15 members on the council, largely made up of US seafood industry representatives, representatives from National Oceanic and Atmospheric Administration (NOAA) and state agencies in Alaska, Washington state and Oregon.

In his Magnuson-Stevens Act reauthorization bill, Representative Jared Huffman, a California Democrat, asked specifically that the NPFMC have two individuals “appointed from Indian tribes in Alaska” to strengthen the transparency of the act.

Mary Sattler Peltola, executive director of the Kuskokwim River Inter-Tribal Fish Commission, said in testimony before Congress that without a NPFMC seat or bodies advising the council, Alaska Natives have only had concerns heard “through a Governor’s office that has historically and presently prioritized those with private financial interests in the fisheries over the long-term subsistence interests of Alaska Natives.”

Read the full story at Intrafish

 

Federal monitoring push stokes battle with Gulf fishermen

December 2, 2021 — If NOAA gets its way, Allen Walburn will soon be forced to keep electronic monitors on his three charter fishing boats to follow their every move, a requirement that he likens to criminal defendants forced to wear ankle bracelets.

“I don’t want people knowing where I’m at,” said Walburn, 71, who has been running his charter fishing business in Naples, Fla., since 1978.

In a key test of NOAA’s surveillance powers, Walburn and a group of other charter fishermen from the Gulf of Mexico have gone to court to block the proposed rule, asking a federal judge in Louisiana to declare it unconstitutional and an invasion of their privacy.

In court briefs, NOAA argued that its proposal to require electronic tracking in the Gulf should be allowed under the Magnuson-Stevens Fishery Conservation and Management Act, the nation’s premier fishing law passed by Congress in 1976.

The law, which Congress is now considering reauthorizing, requires NOAA to devise plans to prevent overfishing and protect the long-term health of fish populations. The agency argues that electronic monitoring makes data collection more timely, accurate and cost-efficient than other alternatives.

Read the full story at E&E News

Secretary of Commerce issues fishery disaster determination for the 2019 Atlantic herring fishery

November 22, 2021 — The following was released by NOAA:

U.S. Secretary of Commerce Gina M. Raimondo announced today her determination, at the request of several Northeastern states, that a fishery disaster occurred for the 2019 Atlantic herring fishery.

“Fishery disasters don’t just impact local communities—they ripple out into the broader economy impacting consumers and businesses far beyond the coast,” said Secretary Raimondo. “Resilient and sustainable fisheries are not only essential to our coastal communities, but play a vital role in supporting our blue economy and our nation’s overall economic wellbeing. With this determination, we proudly support our fishing industry and will work with the affected communities to help them get back on track.”

To reach a determination, the U.S. Secretary of Commerce works with NOAA Fisheries to evaluate the fishery disaster requests based primarily on data submitted by the requesting states. Fishery disasters must meet specific requirements under the Magnuson-Stevens Fishery Conservation and Management Act and/or the Interjurisdictional Fisheries Act, such as causing economic impacts to a commercial fishery and declines in fishery access or available catch resulting from specific allowable causes.

Positive determinations make this fishery eligible for disaster assistance from NOAA. Some fishery-related businesses impacted by this fishery disaster may also qualify for certain Small Business Administration loans. The allocation of funds will be determined in the near future.

The Secretary has received additional requests for fishery disaster determinations from several other states and Tribes. NOAA Fisheries is currently working with the requesters to finalize those evaluations.

Learn more about fishery disaster assistance.

NOAA, groups back adding climate mandates to fishing law

November 18, 2021 — The following was released by the office of Rep. Jared Huffman:

NOAA’s top fisheries official yesterday endorsed a plan that would require the agency for the first time in its history to add climate change requirements to its management of the nation’s fish stocks.

“Fisheries management must continue to adapt as our ocean ecosystem faces unprecedented changes due to climate change,” Janet Coit, the head of NOAA Fisheries, told a House Natural Resources panel.

Testifying before the Subcommittee on Water, Oceans and Wildlife, Coit said NOAA appreciates “the overarching climate focus” of a proposed overhaul of the nation’s primary fishing law, the 1976 Magnuson-Stevens Fishery Conservation and Management Act.

Coit weighed in as the subcommittee heard testimony on a bill, H.R. 4690, sponsored by Rep. Jared Huffman (D-Calif.), that would reauthorize the law and require NOAA to create plans for “climate ready fisheries.”

If approved, it would mark the first time that climate change received a mention in the federal fishing law, which Congress last reauthorized in 2006.

Read the full release from the office of Rep. Jared Huffman

A Tale of Two Magnuson-Stevens Act Reauthorization Bills

November 18, 2021 — On Tuesday the House Natural Resources Subcommittee on Water, Oceans and Wildlife examined Congressman Don Young’s Magnuson-Stevens Fishery Conservation and Management Act (MSA) reauthorization bill and Subcommittee Chairman Representative Jared Huffman’s MSA reauthorization bill.

“Alaska’s seafood industry is one of the primary drivers of our economy, and for over forty years, the Magnuson-Stevens Act has allowed our fishermen, processors, and coastal communities to thrive,” said Congressman Young. “It has also assisted in the preservation of subsistence and recreational fishing, which are both essential to our state’s way of life.”

Congressman Young, along with Congressman Gerry Studds, first drafted the bipartisan legislation in 1976. And now Young says that he’s ready to continue defending the bill in Congress.

“The truth is MSA has worked and worked well,” explained Young. “As with any law, it is wise to ensure policies keep pace with changing times. While I believe some changes merit discussion, I do not believe in throwing the baby out with the bathwater.”

Read the full story at Seafood News

MSA reauthorization debated in US House of Representatives

November 18, 2021 — Two bills that would reauthorize the Magnuson-Stevens Fishery Conservation and Management Act received a hearing on Tuesday, 16 November, in the U.S. House Natural Resources Subcommittee on Water, Oceans, and Wildlife.

As U.S. Rep. Don Young (R-Alaska) said in a statement, the hearing was “one of contrasts,” as lawmakers reviewed his proposal and one by Subcommittee Chairman Jared Huffman (D-California). Young said Huffman’s bill would take authority away from fishing councils and give it to the U.S. Commerce Secretary. While he agrees with Huffman that some changes should be discussed, Young said the chairman’s bill goes too far.

Read the full story at SeafoodSource

Patricia Saiki: Hawaii Has Benefited From Kitty Simonds’ Leadership

November 17, 2021 — I read with interest Civil Beat’s recent series “On the Hook.” While I applaud the substantial research that went into the series, I must disagree with the criticisms — direct and suggested — of Kitty Simonds, the long-time executive director of the Western Pacific Regional Fishery Management Council.

As the series noted, she has no shortage of critics. But what she has been, everyone seems to agree, is an effective advocate for Hawaii’s commercial fishing fleet. That’s an important part of her role as executive director.

The councils were created by the Magnuson-Stevens Fishery Conservation and Management Act, which was passed in 1976 to assure local participation in matters governing fishing in U.S. federal waters, specifically maintaining populations of fish and sustainability of fishing industries. This is a subject with which I have some personal experience.

When I served in the Congress (1987-1990) representing Hawaii’s 1st Congressional District, I was appointed to a seat on the House Merchant Marine and Fisheries Committee. I sought that committee assignment because I knew how important its decisions were to Hawaii and its aquatic and fishing industries.

Read the full opinion piece at the Civil Beat