Saving Seafood

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

Ahead of Magnuson-Stevens Act Hearing, Studies Question Need for Additional Forage Fish Restrictions

November 16, 2021 — Editor’s note: The following was released ahead of today’s House subcommittee hearing on the Forage Fish Conservation Act. Watch the full hearing here.

 

Today, the House Natural Resources Committee Subcommittee on Water Oceans and Wildlife will hold a hearing on H.R. 5770, the Forage Fish Conservation Act, which would impose new rules on how fisheries managers regulate certain small, schooling, short-lived, pelagic fish and invertebrates that serve as food sources for larger predator species. Two recent studies have raised questions about the need for additional restrictions, and point to existing provisions in the Magnuson-Stevens Act (MSA) that are already ensuring the sustainability of “forage fish” and the species that depend on them.

In addition to the Forage Fish Conservation Act, the subcommittee will consider two bills that would reauthorize and amend the Magnuson-Stevens Act (MSA).  H.R. 4690 is the Democratic Majority’s re-authorization of MSA, sponsored by Subcommittee Chair Jared Huffman (D-California) and H.R. 59, sponsored by Rep. Don Young (R-Alaska).

Proponents of the Forage Fish Act point to the need to keep forage fish populations at extra-precautionary levels, above existing overfishing limits, so that they can better provide for the needs of predator species. But a study released this summer in the journal Conservation Biology, and funded by the Science Center for Marine Fisheries (SCEMFIS), found that, for many predator species, managing forage species at these levels are unlikely to bring additional conservation or environmental benefits. This is especially true in already well-managed and well-monitored fisheries, such as those in the U.S. managed under the existing Magnuson-Stevens Act.

“Management of forage fish populations should be based on data that are specific to that forage fish, and to their predators,” said Dr. Olaf Jensen of the University of Wisconsin-Madison, one of the study’s authors. “When there aren’t sufficient data to conduct a population-specific analysis, it’s reasonable to manage forage fish populations for maximum sustainable yield, as we would other fish populations under the Magnuson-Stevens Act.”

Dr. Jensen and his co-author Dr. Chris Free of the University of California Santa Barbara discuss the results of the paper at greater length in a video released earlier this year. They are joined by scientists Dr. Doug Butterworthof the University of Cape Town, and Dr. Éva Plagányi of CSIRO Oceans and Atmosphere, who offer their independent assessment of the study and their own conclusions on its findings.

To reach these conclusions, the study examined decades worth of abundance data for 45 different predator species and their prey, and found that only 13 percent of them showed any positive impact from having additional, higher levels of forage. Instead, it found that other environmental factors have a far greater influence.

The results of the study reinforce the conclusions of an earlier 2017 study published in Fisheries Research, which found that the fishing of forage fish species had a much smaller impact than previous studies had indicated, and that forage fish were best managed on a case-by-case basis, rather than on broad rules applied across species.

Nation’s Fishery Management Councils Find Consensus on MSA Changes, Advocate for Efforts to Address Environmental Justice Issues

October 26, 2021 — The following was released by the Pacific Fishery Management Council:

Leaders of the nation’s eight Regional Fishery Management Councils concluded their second biannual meeting in 2021 last week by videoconference. The Council Coordination Committee meeting provides the Councils and heads of the National Marine Fisheries Service an opportunity to discuss issues relevant to all of the Councils. The three-day meeting was open to the public and hosted by the Pacific Fishery Management Council.  Among the issues discussed were proposed changes to the Magnuson-Stevens Fishery Conservation and Management Act and the need to more fully address environmental justice for underserved fishing communities.

Please view the full press release and a comprehensive summary of the meeting by visiting the U.S. Regional Fishery Management Councils website at: http://www.fisherycouncils.org/ccc-meetings/october-2021.

 

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