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A sea of choices confronts Biden admin in ocean protection

October 5, 2021 — When it comes to meeting its aggressive conservation pledge, the Biden administration appears to have a head start on protecting the United States’ oceans — after all, on paper, the nation is already more than two-thirds of the way to the goal.

But as the administration puts together a tracking mechanism for its pledge to conserve 30 percent of the nation’s lands and waters by 2030, environmental activists warn that frequently cited statistics provide a misleading picture of ocean conservation.

At the same time, advocates for the fishing industry question counter the nation is much closer to the final objective — if not already there. They argue that conservation shouldn’t always mean activities like fishing are banned and say their industry has shown itself willing to help protect vulnerable species.

Managed waters

Opponents of new marine monuments, however, argue that managed waters are sufficient to meet the conservation goals.

“If it’s not conserved unless it’s in a marine sanctuary that excludes fishing — which is a fairly radical and extreme point of view — then I think you get into a very different set of calculations about how you get to 30 percent,” said Roger Mann, a marine sciences professor at the College of William & Mary’s Virginia Institute of Marine Science.

Mann pointed to language in the Magnuson-Stevens Fishery Conservation and Management Act, the nation’s primary fisheries law, that calls for “conservation and management” of the oceans.

“If you’re conserving sustainable resources … then all of the area that is managed under Magnuson is already a conservation area,” argued Mann, who previously served on the Mid-Atlantic Fishery Management Council.

“The councils can all sit there and scratch their heads and say, ‘We’re not 30×30. We’re 100 percent by 2021. What’s the problem?’” he said.

Former Garden State Seafood Association Executive Director Greg DiDomenico said he is optimistic that the Biden administration will adhere to its vow for scientific integrity, but remains staunchly opposed to the idea of new monuments.

“What we expect from 30×30, ultimately, is that it be conducted under rigorous science and an open, transparent policy,” said DiDomenico, who is now with Lund’s Fisheries.

DiDomenico pointed to the creation of the Northeast Canyons and Seamounts Marine National Monument during former President Obama’s tenure, which closed the area to commercial fishing.

Former President Trump reversed that closure in 2020, and the New England Fishery Management Council subsequently implemented protections for deep-sea corals in more than 80 percent of the monument (E&E News PM, June 5, 2020).

“The proof is in the pudding,” DiDomenico said, pointing to what is formally known as the Omnibus Deep-Sea Coral Amendment.

He added that: “No one is running from this. We’ve been here before.”

Read the full story at E&E News

 

Close Quarters: Ocean zoning pushes fisheries to the brink

September 23, 2021 — The following is an excerpt from an article published in National Fisherman by Dr. Roger Mann, professor of Marine Science at the College of William and Mary’s Virginia Institute of Marine Science. It is based on an article published by the Journal of Shellfish Research. That paper, “An Ecosystem is Not a Monument, and Other Challenges to Fishing in the 21st Century,” is based on a talk given by Dr. Mann at the annual meeting of the National Shellfisheries Association.

Managing fisheries is no longer simply about [the Magnuson Stevens Act’s] directives to “conserve and manage” a sustainable resource to serve the “social and economic needs of the States.” It is about managing fisheries in a changing landscape of competition for ocean resources, where the environment is changing faster than in living history, and species footprints are on the move.

Part of this changing landscape is the creation of large, no-take MPAs, like the Northeast Canyons and Seamounts Monument off the coast of Cape Cod. Designated by President Obama with the sweep of a pen using the Antiquities Act of 1906, the 4,913 square miles of the monument are now managed by multiple federal agencies under a bewildering patchwork of legislation, including Magnuson, the Endangered Species Act, the Marine Mammal Protection Act, the National Wildlife Refuge System Administration Act, the Refuge Recreation Act, Public Law 98-532, and Executive Order 6166. Then there is the National Marine Sanctuaries Act, through which the government can designate and protect marine areas of national significance.

This plethora of confusing legislation lacks uniform definitions. It is not clear on how — or even if — MPA designations are required to be revisited, even when species move. In addition, it does not state who has precedent over whom in the management hierarchy.

Even as questions remain over existing MPAs, activists are pushing for more with a “30×30” campaign to protect 30 percent of our nation’s land, inland waters and oceans as conservation areas by 2030. But what is “protected” in this context? Is a region protected only by excluding fishermen through a no-take MPA? Or does the Magnuson Act directive to “conserve and manage the fishery resources” and “exercise sound judgment in [their] stewardship” rise to the level of protection? If so, then is not the entire exclusive economic zone already protected?

MPAs are far from the only competition fishermen are facing in the ocean. Environmental advocacy, communications corridors, mining, national defense, and shipping all threaten fishermen’s access to ocean resources. Perhaps the biggest incursion of all is offshore wind development: the U.S. East Coast continental shelf already has 1.7 million acres of federal bottom under lease for offshore wind, with the Biden administration seemingly poised to expand such efforts along the Atlantic, Pacific and Gulf coasts. Offshore wind projects have a projected lifespan of 50 years, with turbine spacing restricting access for both commercial fishing vessels towing mobile gear and federal survey vessels. Stock assessment surveys will be compromised, resulting in reduced quotas for fishermen.

With so many competitors muscling their way into the ocean, who will be the winners and losers? Over what time frames will winners emerge? Where does preservation of the fishing industry sit in the pecking order? At the bottom?

The “space” for fisheries is shrinking. Commercial fishing won’t be the largest economic player as development of our oceans continues, but it is historically an important part of the economic and social structure of coastal communities. Fisheries are based on moving species distributions that do not function well within fixed boundaries, like those being zoned for MPAs and offshore wind.

Read the full article at National Fisherman

Western Pacific Fishery Council Advisors to Evaluate Seabird Conservation Measures

September 10, 2021 — Scientists will meet Sept. 14 to 16, 2021, to provide advice and comments to the Western Pacific Regional Fishery Management Council on domestic seabird conservation measures, Hawai‘i area-based management efforts, proposed changes to the Magnuson-Stevens Act and other topics. The Council’s Scientific and Statistical Committee (SSC) meeting will be held virtually and is open to the public. The full agenda, background documents and instructions for connecting to the meeting and providing oral public comments are available at https://www.wpcouncil.org/event/141st-scientific-and-statistical-committee-virtual-meeting. Among the agenda items are the following:

Potential Revisions for Seabird Conservation Measures

The Council is evaluating using tori lines, or bird scaring lines, as part of a suite of mitigation measures that help the Hawai‘i longline fishery avoid hooking seabirds. Two field trials to develop and test tori lines in the deep-set longline fishery were conducted in 2019-2021 under a cooperative research project between the Council, Hawaii Longline Association and National Marine Fisheries Service. The studies show that tori lines are significantly more effective in preventing longline gear interactions with black-footed and Laysan albatrosses than an existing method of using blue-dyed bait. The SSC will review results from the latest study completed during summer 2021 and may provide advice to the Council on the management action to modify the current conservation measures.

Report on Recently Opened Hawai‘i Bottomfish Restricted Fishing Areas

The Hawai‘i Division of Aquatic Resources (DAR) will present an interim report of data from fishermen who fished in the four reopened areas—Kaua‘i (BRFA C), Penguin Bank (BRFA F), Maui (BRFA J) and Hawai‘i (BRFA L). The Hawai‘i Board of Land and Natural Resources recommended that DAR monitor the fishery performance in these areas and report back in January 2022. The SSC may provide recommendations to improve the preliminary analysis to support DAR in their report and comment on the utility (or lack thereof) of retaining the BRFAs.

Magnuson-Stevens Act Reauthorization Amendments

Two comprehensive bills were recently introduced in the Congress that would amend the MSA. The SSC may comment on several provisions that would affect the committee. These include coordinating with NOAA on multi-year research priorities that should address climate change impacts on fisheries and on forage fish populations and distribution, and the requirement to have an audio/video recording or written transcript of the SSC meeting. The SSC may also provide advice on individual provisions on fish stock status, maintaining the abundance and diversity of forage fish and criteria for determining whether a stock is depleted.

The SSC will also hear a review of impacts from the Papahānaumokuākea Marine National Monument expansion and may discuss alternative area-based management actions.

Recommendations made by the SSC on these and other matters will be considered by the Council when it meets Sept. 21-23, 2021, virtually with host sites at Tedi of Samoa Building, Suite 208B, Fagatogo Village, American Samoa; BRI Building, Suite 205, Kopa Di Oru St., Garapan, Saipan, Commonwealth of the Northern Mariana Islands (CNMI); and Cliff Pointe, 304 W. O’Brien Dr., Hagatña, Guam. Instructions on connecting to the web conference, agendas and briefing documents are posted at www.wpcouncil.org/meetings-calendars. Host sites are subject to local and federal safety and health guidelines regarding COVID-19; check the Council website for updates.

 

Magnuson-Stevens Reauthorization: “Sustaining America’s Fisheries for the Future Act” Introduced

July 28, 2021 — Last Friday the long-awaited “Sustaining America’s Fisheries for the Future Act”, a reauthorization of the Magnuson-Stevens Act (MSA), was introduced by Representative Jared Huffman (D-CA) and Ed Case (D-HI). Huffman is chair of the Water, Oceans, and Wildlife Subcommittee, within the House Natural Resources Committee.

This is the first time the MSA, the preeminent law on the management of the nations fisheries from 3- to 200-miles, has addressed climate change.

Read the full story at Seafood News

US House bill would add tribal seats to North Pacific Fisheries Management Council

July 27, 2021 — A key Democrat in the U.S. House introduced a bill Monday to renew the Magnuson Stevens Act. Magnuson Stevens is the primary law that covers fishing in federal waters. Past bills have languished in Congress, in part because many in the industry were generally happy with the law as it is.

But Jared Huffman, D-Calif., included a few provisions in his bill that certain Alaska groups have been requesting for a long time. Huffman chairs the Oceans subcommittee of the House Resources Committee.

The bill emphasizes the need to consider the impacts of climate change on marine resources. It would, for the first time, recognize the importance of subsistence fishing. It would also put two tribal representatives on the North Pacific Fisheries Management Council — the committee responsible for fisheries in the Bering Sea and Gulf of Alaska.

Read the full story at Alaska Public Media

US Representative Don Young, industry groups “welcome” bill to reauthorize Magnuson-Stevens Act

July 27, 2021 — In the moments on Monday, 26 July, after U.S. Rep. Jared Huffman officially announced the filing of a bill to reauthorize the Magnuson-Stevens Act, statements supporting the legislation started to flow out from the press offices of seafood and fishing interest groups and environmental non-governmental organizations.

Conservation groups lauded H.R. 4690, sponsored by the California Democrat and U.S. Rep. Ed Case (D-Hawaii). In particular, those organizations appreciated the recognition of climate change as a factor in fishing.

Read the full story at Seafood Source

Interview: Huffman launches Magnuson-Stevens Act reauthorization

July 27, 2021 — Reps. Jared Huffman (D-Calif.) and Ed Case (D-Hawaii) introduced the Sustaining America’s Fisheries for the Future Act, a bill to amend and reauthorize the Magnuson–Stevens Fishery Conservation and Management Act, on Monday, July 26.

Some of the most significant updates include mandating assessments for fisheries’ climate readiness at the council level, changing the term “overfished” to “depleted,” streamlining access to disaster relief funds, increasing funds to support seafood marketing and working waterfronts, and improving flexibility on rebuilding timelines for certain stocks.

“We’re not just reauthorizing a really important law. We’re trying to reset a really important process,” Huffman told National Fisherman. “Through our stakeholder-driven, science-based approach, we have crafted legislation that rises to the challenges of the 21st century and includes critical updates to this landmark law,” he added in a release with the legislation on Monday.

Huffman, who serves as chairman of the House Natural Resources Subcommittee on Water, Oceans, and Wildlife, conducted a yearlong tour consisting of eight listening sessions at fishing ports on every coast of the country. He and Case, a subcommittee member, introduced a discussion draft of the reauthorization in December.

The revamped bill incorporates more changes following feedback on the draft. Huffman, Case and their staffs took additional input from stakeholders and industry leaders in the intervening months to ensure that the bill meets the needs of the industry while also propelling fishery management into the modern era and allowing flexibility for each region to manage fisheries based on local needs.

Read the full story at National Fisherman

For first time, U.S. fishing law could include climate focus

July 26, 2021 — A long-awaited overhaul of the nation’s primary fishing law would require NOAA to devise plans for “climate ready fisheries” to deal with shifting stocks, under a bill expected to be introduced later today.

If approved, it would mark the first time that climate change received a mention in the landmark Magnuson-Stevens Fishery Conservation and Management Act, which Congress first passed in 1976.

The law, which has not been reauthorized since 2006, governs fishing in all federal waters. It would be revamped under legislation sponsored by Rep. Jared Huffman (D-Calif.), the chair of a House subcommittee that oversees fisheries.

Huffman, who conducted a two-year national “listening tour” to collect ideas on how to change the law, plans to introduce his bill this afternoon.

“When Magnuson was written and reauthorized, most, if not all, of the climate impacts that fishery managers are dealing with were not contemplated,” Huffman said in an interview on Friday. “It’s one of the biggest changes.”

Huffman said his bill, called the “Sustaining America’s Fisheries for the Future Act,” will otherwise include no “radical or dramatic changes.”

“We set out to modernize and fine-tune and improve a statute that is universally revered by most stakeholders and experts — it’s not like this is something that was terribly broken,” said Huffman, the chairman of the House Natural Resources Subcommittee on Water, Oceans and Wildlife.

Read the full story at E&E News

Secretary of Commerce Approves Disaster Declarations in Four U.S. Commercial Fisheries

June 29, 2021 — The following was released by NOAA:

U.S. Secretary of Commerce Gina M. Raimondo announced today her determination that fishery disasters occurred in four fisheries in 2018, 2019, and 2020 — for two states, Alaska and New York, and for two Tribes, Port Gamble S’Klallam Tribe and the Confederated Tribes of the Chehalis, in Washington.

“Fisheries are essential to our communities and economy and we want to ensure America is in a position to remain competitive on the global stage,” Secretary Raimondo said. “These determinations allow us to lend a helping hand to the fishing families and communities that have experienced very real and difficult setbacks in the last few years.”

The Secretary, working with NOAA Fisheries, evaluates each fishery disaster request based primarily on data submitted by the requesting state or tribe. A declared fishery disaster must meet specific requirements under the Magnuson-Stevens Fishery Conservation and Management Act and/or the Interjurisdictional Fisheries Act. For example, there must be commercial fishery economic impacts and declines in fishery access or biomass resulting from specific allowable causes due to the fishery disaster event.

The Secretary found that the following fisheries met the requirements for a fishery disaster determination:

  • 2019 Norton Sound Red King Crab in Alaska
  • 2019/2020 Peconic Bay Scallop in New York
  • 2018 Port Gamble S’Klallam Puget Sound Coho Salmon in Washington
  • 2019 Chehalis and Black River Spring Chinook Salmon in Washington

Positive determinations make these fisheries eligible for disaster assistance from NOAA.They may also qualify for disaster assistance from the Small Business Administration. The Department of Commerce has balances remaining from previously appropriated fishery disaster assistance and will determine the appropriate allocation for these disasters.

The Secretary also determined, working with NOAA Fisheries, that red tides in Florida did not cause a fishery disaster for Florida fisheries between 2018 and 2019.

Learn more about fishery disaster assistance.

Department of Commerce Announces 2021 Appointments to the Regional Fishery Management Councils

June 29, 2021 — The following was released by NOAA Fisheries:

The U.S. Department of Commerce today announced the appointment of 31 members to the regional fishery management councils that partner with NOAA Fisheries to manage marine fishery resources.

Established by the Magnuson-Stevens Fishery Conservation and Management Act, councils are responsible for developing region-specific fishery management plans that safeguard and enhance the nation’s fisheries resources. Council members represent diverse groups, including commercial and recreational fishing industries, environmental organizations, and academia. They are vital to fulfilling the act’s requirements to end overfishing, rebuild fish stocks, and manage them sustainably.

NOAA Fisheries works closely with the councils through the process of developing fishery management plans. We also review, approve, and implement the plans.

Each year, the Secretary of Commerce appoints approximately one-third of the total 72 appointed members to the eight regional councils. The Secretary selects members from nominations submitted by the governors of fishing states, territories, and tribal governments.

Council members are appointed to both state-specific and regional seats—also known as obligatory and at-large seats, respectively.  Council members serve a three-year term and may be reappointed to serve three consecutive terms.

Read the full release here

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