Saving Seafood

Council Offended by Removal of Last Vestiges of US Ocean Waters Open to Fishing

June 24, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

The Council supported permitting non-commercial fishing and prohibiting commercial fishing in the Monument Expansion Area of the Northwestern Hawaiian Islands (NWHI) (50 to 200 nautical miles). Council members were infuriated because continuing to close areas to fishing is an affront to indigenous peoples. Members stressed the importance of continuing indigenous cultures and practices. Guam Council Vice Chair Manny Dueñas said, “Permitting fishing perpetuates Hawaiian culture, and does not preserve it in a pickle jar. Whether they decide to or not, I want the Hawaiians to have the opportunity to be able to practice their culture.”

“It is important that we allow Native Hawaiian traditional practices, but minimize the impacts from non-native fishing,” said David Sakoda, Council representative for the State of Hawai‘i.

Council Executive Director Kitty Simonds asked, “How much more protection would we have by an overlay of the sanctuary? Closing these waters to protect migratory fish is futile when the fish move everywhere.”

The Council will develop the details for provisions related to non-commercial fishing in the NWHI, including Native Hawaiian practices and cooperative research to amend the Council’s Fishery Ecosystem Plans for initial action in September.

The Council also discussed a proposal to further expand the Pacific Remote Islands Marine National Monument (PRIMNM), closing waters 50 to 200 nautical miles seaward of Palmyra Atoll, Kingman Reef and Howland and Baker Islands. The existing PRIMNM already closes all waters 0 to 200 nm around Wake Island, Johnston Atoll, Jarvis Island, and closes waters 0 to 50 nm from the proposed island areas.

“With the additional restrictions that keep getting placed on indigenous fishermen, pretty soon no one will be able to go fishing. This has got to stop,” emphasized Monique Amani, Council member from Guam. “During the pandemic, the islands came together to utilize their subsistence traditions of fishing to support each other.”

Expansion would jeopardize the viability of the tuna cannery in American Samoa, the largest employer in the territory. The cannery relies on fish supply from the U.S.-flagged purse seine fleet, which has declined from 38 to 13 vessels. Closing the remaining U.S. waters of Howland, Baker, and Palmyra Islands forces U.S. purse seiners to fish farther away from American Samoa and thereby deliver their catch to closer ports, like Ecuador.

“More than half of the people in American Samoa live below the poverty level,” said Council Chair Archie Soliai. “If the president signs off on this, it will be in conflict with his executive order on advancing equity and environmental justice in underserved communities.”

CNMI Council member McGrew Rice added, “We need to consider that the Pacific Remote Islands monument is surrounded by more than 3,000 foreign vessels that fish in the Western and Central Pacific Ocean. All it’s doing is increasing fishing privileges for competing foreign fleets that don’t manage to our standards.”

Council members continued to express frustration with restricted access to fishing within monuments and sanctuaries in their areas. “What is the point of a monument expansion?” asked Guam Council member Chelsa Muña-Brecht. “Is it to preserve the pretty fish in the area? It doesn’t serve the community and doesn’t level the playing ground between U.S. and foreign fishers.”

The Antiquities Act that presidents use to establish monuments is not a transparent process, but implemented through a “top-down” approach that conflicts with equity and environmental justice principles. “The Antiquities Act was intended to protect burial sites and relics of indigenous people. It is not an appropriate approach to marine conservation – we have the MSA for that,” said John Gourley, Council vice chair from the CNMI. “Monument designation bypasses the courtesy of involving affected communities.”

Hawai‘i Council member Matt Ramsey said, “To avoid unintended consequences, it’s critical that stakeholder engagement occurs early on in the process of developing a fisheries management proposal. Those most impacted by a management action need to have an opportunity to learn about the proposed action and share their perspective.”

The Council will ask President Biden for a comprehensive evaluation of the unintended consequences of the proposed expansion and that any measures be evaluated through a transparent and public process prior to implementation.

US fishermen file another lawsuit challenging Northeast Seamounts monument

April 14, 2022 — Fishermen from the U.S. states of New Jersey and Massachusetts have once again filed a lawsuit challenging the creation of the Northeast Canyons and Seamounts Marine National Monument.

The national monument was first established by former U.S. President Barack Obama in 2016, who created the nearly 5,000-square-mile monument in the Georges Bank area of the Northwest Atlantic Ocean via executive order. The monument effectively banned commercial fishing in the area, with only red crab and lobster fishermen allowed to use the area – with plans to phase out that fishing by 15 September, 2023.

Read the full story at SeafoodSource

 

Federal Fishery Managers to Develop Fishing Regulations for Proposed Hawai‘i National Marine Sanctuary

March 23, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Council said at its meeting today it will develop fishing regulations as part of the proposed Northwestern Hawaiian Islands (NWHI) sanctuary designation. The NOAA sanctuary designation process includes a formal consultation with the regional fishery management councils on fisheries regulations at the start of the process. The Council will include options for permitting and reporting requirements for commercial (outside current monument boundaries), noncommercial, Native Hawaiian practices and research fishing within sanctuary boundaries.

Several Council members noted that since the proposed sanctuary boundaries are still undefined, the Council response and draft regulations should be kept broad. Matt Ramsey, Council member from Hawai‘i, remarked, “It’s important to have a clear understanding of what is being proposed for the sanctuary boundary. If it expands beyond the area that already restricts commercial fishing that is a completely different story.”

“I support moving ahead,” said John Gourley, Commonwealth of the Northern Mariana Islands (CNMI) vice chair. “We have enough areas closed to fishing and should develop fishing regulations under Magnuson-Stevens Act when allowed.”

The Council will amend its Hawai‘i Archipelago Fishery Ecosystem Plan to analyze fishing alternatives in parallel to the sanctuary fishing regulations.

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After reviewing recent data, the Council recommended rolling over the current annual catch limits for the main Hawaiian Islands deepwater shrimp (Heterocarpus laevigatus and H. ensifer) and precious corals for fishing years 2022-2025.

The Council also requested the National Marine Fisheries Service provide information to the State of Hawai‘i legislature regarding HB 1988 that proposes to prohibit the harvest, sale, import or export of coral products. Exceptions would be allowed for noncommercial harvest or research purposes. Included in the bill’s list of species are the Council’s precious coral managed species (pink, red, bamboo and black). The language may be inconsistent with federal regulations that allow commercial harvest of precious corals, and would essentially close the sustainably managed fishery.

The Council meeting continues tomorrow with discussions on a new Pacific strategy to address international fisheries issues and implications of a false killer whale weak hook study, 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.

 

Biden restores Northeast Canyons marine monument

October 8, 2021 — In another reversal of Trump administration moves, President Biden on Friday reinstated all restrictions to the Northeast Canyons and Seamounts Marine National Monument, including plans to phase out commercial fishing for red crab and lobster by Sept. 15, 2023.

Former president Barack Obama originally declared the monument area south of New England on that date in 2016, and former president Donald Trump rescinded the rules with some fanfare including an in-person meeting with fishing industry representatives in June 2020.

Environmental groups that had pushed Obama for the monument lobbied hard after Biden’s inauguration to flip that Trump order 180 degrees, along with reversing Trump’s reductions of the Bears Ears and Grand Staircase-Escalante national monuments in Utah.

Late Thursday they got word their wish was granted.

Commercial fishing advocates, who mobilized after Biden inauguration to argue against reinstating the monument rules, said the decision shows politics trumped consistent ocean policy.

“This is an unfortunate decision that is opposed not only by those affected in the commercial fishing industry, but by all eight fishery management councils and NOAA Fisheries,” said Bob Vanasse of Saving Seafood, an industry advocacy group. “There is no scientific justification to prohibit commercial fishing while allowing recreational fishing. While the Biden-Harris Administration has claimed decisions will be based on science, and not on who has the stronger lobby, this decision shows otherwise.”

Read the full story at National Fisherman

WASHINGTON: Biden to restore boundaries of protected areas that were reduced by Trump

October 8, 2021 — President Joe Biden will restore the boundaries of three American nature reserves, known as national monuments, that were reduced in size by former President Donald Trump to allow commercial activity, the White House said on Thursday.

The restoration will protect more than 3.2 million acres (1.3 million hectares) in Southern Utah known as the Bears Ears and Grand Staircase-Escalante National Monuments, as well as the nearly 5,000 square mile (8,000 sq km) Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean off the coast of New England.

Environmental groups and Native American tribes cheered the news, calling it a victory for conservation over development. But it was a blow to East Coast fishing interests and Utah’s Republican governor, who expressed frustration.

Trump had sought to allow ranching, drilling, mining and commercial fishing in the areas, which were established as monuments by two of his Democratic predecessors, former Presidents Barack Obama and Bill Clinton.

Read the full story from Reuters

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

Scientists to Evaluate Impacts of Papahānaumokuākea Marine National Monument Expansion

September 16, 2021 — The following was released by the Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Council’s Scientific and Statistical Committee (SSC) suggested developing a working group to evaluate the impacts of the Papahānaumokuākea Marine National Monument (PMNM) expansion on Hawai‘i-based fisheries. Several recently published peer-review scientific papers show differing impacts and are unclear on this contentious issue.

In 2016, President Obama issued a proclamation to expand the existing monument from 50 to 200 nautical miles around the Northwestern Hawaiian Islands (NWHI). Council and Pacific Islands Fisheries Science Center (PIFSC) staffs and the SSC would work jointly to examine the expansion’s potential local economic and other impacts, and determine whether the area is achieving its stated management objectives. The working group would share its results with the eight Regional Fishery Management Councils that are providing feedback on President Biden’s 30×30 area-based management initiative.

NOAA’s Office of National Marine Sanctuaries is in the initial stages of responding to the president’s request to initiate a new designation process for a NWHI sanctuary. As part of this process, the Council is afforded the opportunity to provide input on any potential fishing regulations. The National Marine Sanctuaries Act designation process requires compliance with the National Environmental Policy Act, the Magnuson-Stevens Act and other applicable laws. This was circumvented by the presidential proclamations to create the PMNM in 2006 and the expanded area in 2016, which effectively cut out the local community’s engagement and input on the matter.

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PIFSC presented a research plan to the SSC on investigating the impact of imports on the Hawai‘i fish market. Recently, the price of bigeye ahi exceeded $20 per pound at the market—several times more than what buyers usually pay. Prices then stayed around $11–12 per pound and cooled off to $7–8 per pound during the second week in August.

The Hawai‘i market had an extreme shortage of foreign-sourced pelagic fish products and an overall decreased supply in the local market—mainly from local Hawaiian fisheries. The supply shortage, coupled with the increase in tourism after COVID-19 restrictions were partially lifted, created a “perfect storm” for the consumer.

The SSC suggested that consumer choice and fish substitution be incorporated into PIFSC’s model to attempt to discern the true value difference between fish species. Fish originating from different locations outside of Hawai‘i are not equivalent in terms of quality or type of fish. PIFSC anticipates the final report will be available for review in August 2022.

The SSC meeting continues through tomorrow, Sept. 16, 2021. Instructions on connecting to the web conference, agenda and briefing documents are posted at www.wpcouncil.org/event/141st-scientific-and-statistical-committee-virtual-meeting.

 

Trump’s National Monument Changes Return to Spotlight

March 13, 2019 — As Democrats in Congress prepare to scrutinize President Donald Trump’s review of 27 national monuments, most of the recommendations made by ex-Interior Secretary Ryan Zinke remain unfinished as other matters consume the White House.

Trump acted quickly in December 2017 on Zinke’s recommendations to shrink two sprawling Utah monuments that had been criticized as federal government overreach by the state’s Republican leaders since their creation by Democratic Presidents Barack Obama and Bill Clinton.

But in the 15 months since Trump downsized the Utah monuments, the president has done nothing with Zinke’s proposal to shrink two more monuments, in Oregon and Nevada, and change rules at six others, including allowing commercial fishing inside three marine monuments in waters off New England, Hawaii and American Samoa.

Zinke resigned in December amid multiple ethics investigations — and has joined a Washington, D.C. lobbying firm. Trump has nominated as his replacement Acting Interior Secretary David Bernhardt, a former lobbyist for the oil and gas industry and other corporate interests.

Read the full story from the Associated Press at U.S News and World Report

Lawsuit against national marine monument moving forward

March 29, 2018 — A lawsuit against a national marine monument, started nearly a year ago, is moving forward once more after a U.S. District Court Judge lifted a stay placed on the case.

The Northeast Canyons and Seamounts National Marine Monument, established via executive order using the Antiquities Act by President Barack Obama, set aside 4,913 square miles (12,724 square kilometers) of ocean 130 miles (209 kilometers) off the coast of New England. Soon after the monument was established, several fishing groups sued the federal government arguing that the move exceeded the President’s authority.

The motivation behind the lawsuit stems from the monument’s blanket ban on all commercial fishing. While a grandfather period of seven years was given to the lobster and deep-sea red crab fisheries, all other fishing operations have been banned from the area.

Now, thanks to U.S. District Court Judge James E. Boasberg’s lift of a stay granted on 12 May 2017, the lawsuit will begin to move forward once more. The lawsuit argues that Obama did not have the authority to establish the monument based on the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government.”

Secretary of the Department of the Interior Ryan Zinke recommended, in a review released in December 2017, that the proclamation of the monument be amended to allow the local fishery management council to make decisions as authorized by the Magnuson-Stevens Act.

“There is no explanation in the proclamation as to why the objects are threatened by well-regulated commercial fishing,” wrote Zinke in his recommendations. “The proclamation should be amended, through the use of appropriate authority.”

Since that recommendation, however, the Trump administration has failed to act.

“Fishermen have waited a year for the government to respond to their lawsuit challenging a clear case of Antiquities Act abuse – locking fishermen out of an area of ocean as large as Connecticut,” said Jonathan Wood, an attorney with the Pacific Legal Foundation who is representing the plaintiffs. “The court’s decision to lift the stay will now require President Trump to decide whether to act on the secretary’s recommendation or defend President Obama’s unlawful monument decision in court.”

So far, said Wood, they haven’t heard whether or not the administration plans to defend the monument in court.

Read the full story at Seafood Source

 

Fight Over New England Marine Monument Continues

November 27, 2017 — On April 26, President Donald Trump ordered a review of two dozen national monuments created or expanded since 1996, which includes the Northeast Canyons and Seamounts that was created in the last days of the Obama administration. The monument, the first of its kind in the Atlantic Ocean, bans fishing, and oil, gas and mineral exploration within its boundaries.

In September, Interior Secretary Ryan Zinke recommended to Trump that the monument, located about 130 miles southeast of Cape Cod, be opened to commercial fishing. Zinke’s memo stated that instead of prohibiting commercial fishing, the government should allow it in the area under the Magnuson-Stevens Fishery Conservation and Management Act, which is the primary law governing the United States’ marine fisheries and meant to prevent overfishing and guarantee a safe source of seafood.

Conservationists opposed Zinke’s recommendation, while fishing groups supported it.

“They act like this area is all pristine and never touched,” said Massachusetts Lobstermen’s Association President Arthur “Sooky” Sawyer of the current protections. “Lobstermen have been fishing in those areas for the last 50-plus years with no negative effect on the marine species.”

The association is one of a handful of commercial fishing groups in an ongoing lawsuit that claims the Antiquities Act of 1906 only allows the president to create or expand monuments on land, not in the marine environment as Obama did.

Read the full story at the Cape Cod Times