Saving Seafood

Federal appellate court upholds NOAA Fisheries’ definition of bycatch

April 18, 2019 — A panel of federal appellate judges has upheld a lower court’s decision that ruled on NOAA Fisheries’ method for assessing bycatch in New England fisheries.

The ruling, which was announced on Friday, 12 April, in the District of Columbia chambers of the U.S. Circuit Court of Appeals, allows NOAA Fisheries to use statistical sampling to determine the amount of bycatch. It stems from a 2011 court case where judges ruled the agency did not establish methodology standards to assess the number of other species caught and discarded when harvesting selected fish.

In both instances, environmental group Oceana pursued the lawsuit.

After that decision, NOAA Fisheries decided to utilize human observers on vessels. In most cases, the observers were trained biologists who reported on a vessel’s harvest. However, since it was too expensive to place an observer on every vessel, the agency created a statistical formula that allocated the observers in a fashion that reduced bias. This enabled NOAA Fisheries officials to build fishery-wide assessments based the observers’ findings.

Oceana filed the subsequent suit in July 2015 and argued that the sampling method implemented violated the Magnuson-Stevens Act. In addition, it claimed that observers were only counting the bycatch of species under management plans within the agency.

Read the full story at Seafood Source

SEN. DAN SULLIVAN: Northern Lights: A global seafood superpower

March 26, 2019 — The seafood industry is the lifeblood of many of Alaska’s communities. The industry is the third largest economic driver in Alaska and the top employer. Alaska accounts for more than 50 percent of total U.S. commercial fishery harvest in volume and contributes more than 78,000 jobs to the Alaska economy. We are also the top exporter in the country of fish and seafood products.

Enhancing Alaska’s seafood powerhouse is one of the primary reasons I have fought to sit on the Senate Commerce Committee — which has fishing under its jurisdiction. As a member of that committee, I have worked relentlessly to continue the important work of my predecessor, Sen. Ted Stevens, who co-authored the Magnuson-Stevens Act. But there is a whole host of fisheries issues that also come before me, including ensuring that our fisheries remain healthy and vital, fighting burdensome regulations that would needlessly restrict access to our fishing resources, and, importantly, expanding the markets for our fisheries.

In my time as a senator, I’ve been working diligently on all of these priorities, and we’ve had some important successes. For instance, the Save Our Seas Act, a bill that I coauthored with Sheldon Whitehouse (D-R.I.) to help keep plastics out of our seas, was signed into law by the president in October. I recently negotiated a provision, known as the Vessel Incident Discharge Act, to provide Alaska fishing vessel owners and operators relief from a patchwork of overly burdensome and confusing federal and state regulations for vessel ballast water and incidental discharges.
We’ve also had important successes in Congress to expand markets for Alaska fisheries.

When I arrived in the Senate, I was surprised to learn that while the national school lunch program requires school districts to buy American-made food, fish had been largely excluded from those requirements in practice. It was a major loophole that allowed, for example, Russian-caught pollock, processed in China and injected with phosphates, to be sent back to the United States for purchase in the National School Lunch Program. And it qualified for a Product of USA label because it’s battered and breaded here.

Not only was this bad for Alaska’s fishing industry, the chemical-laden, twice-frozen fish that was served to students just didn’t taste good. It literally turned a generation of kids in America off of seafood.

Read the full opinion piece at National Fisherman

US judge rules cod quota set-asides for Alaskan cities are unlawful

March 25, 2019 — Washington, D.C. Circuit Court Judge Timothy Kelly ruled March 21 that the North Pacific Council’s Amendment 113 (A113) to the Bering Sea Groundfish Fisheries Management Plan does not comply with Magnuson-Stevens Act (MSA) requirements.

The amendment, adopted in 2016, provided 5,000 metric tons of Pacific cod as a set-aside for processing facilities located west of 170 degrees longitude. It named the specific cities of Adak and Atka in the US state of Alaska and the plants located there as the plants that would benefit from this set-aside.

Shortly after the amendment was adopted in late 2016, the Groundfish Forum, United Catcher Boats and other groups who rely on cod, flatfish, and other groundfish in the Bering Sea, filed a complaint challenging the rule, based on five separate claims for relief.

They contended first, that the National Oceanic Atmospheric Administration’s National Marine Fisheries Service (NMFS) didn’t have the authority to “allocate shore-based processing privileges” and overstepped its authority with this amendment.

Read the full story at Undercurrent News

Trump took shot at fishery management councils in signing of Modern Fish Act

January 7, 2019 — Despite earlier resistance from commercial fishing and ocean conservation groups, little uproar was registered after US president Donald Trump signed the Modernizing Recreational Fisheries Management Act of 2018 (S. 1520), also known as “the Modern Fish Act”, last week. The parts of the bill most objected to were removed.

However, the president’s brief comments – in a statement released after his signing of the bill – are raising a few eyebrows as well as questions about what actions might be taken next at the National Oceanic and Atmospheric Administration (NOAA). Trump suggested his administration has concerns about both the increasing authority and makeup of the country’s eight fishery management councils (FMCs).

“The power of these councils,” he said, “has steadily increased over time, raising constitutional concerns related to the manner of the appointment and removal of their members and of members of certain scientific and statistical committees that assist them.

“Keeping with past practice of the executive branch, my administration will treat the plans promulgated by the council as advisory only; the adoption of the plans will be subject to the discretion of the secretary of Commerce as part of the regulatory process described in section 304 of the Magnuson‑Stevens Act [MSA],” he said.

Read the full story at Undercurrent News

Will Modern Fish Act do anything for New Jersey fishermen?

January 4, 2019 — One of the last actions taken by Pres. Donald Trump in 2018 was to sign the Modern Fish Act into law.

The act amended some of the recreational fishing management rules in the Magnuson-Stevens Act, or MSA, the principal body of fisheries’ laws. The MSA however, didn’t receive a full reauthorization, which is something the fishing industry will try to accomplish this year with the new Congress.

As its full name the “Modernizing Recreational Fisheries Management Act,” may imply, the act was geared for the recreational fishing industry.

Except for where commercial fisheries relate to recreational access in mixed-used fisheries in the South Atlantic and Gulf of Mexico, such as red snapper, commercial fishing was basically left out.

Read the full story at the Asbury Park Press

Bayless, Moonen among 50 US chefs to sign Portland Pact on MSA

November 21, 2018 — American celebrity seafood restauranteurs Rick Bayless and Rick Moonen are among the first 50 chefs who have signed on to the Monterey Bay Aquarium’s organized effort to “protect the strong conservation measures of the Magnuson-Stevens Act (MSA)”.

Undercurrent News reported earlier how the Monterey Bay Aquarium was planning to start on Nov. 7, the day after the US mid-term election, rallying chefs to sign a document produced at a meeting in Portland, Oregon, on Oct. 24. The so-called “Portland Pact for Sustainable Seafood” calls on “the new Congress to prioritize the long-term health of US fish stocks by protecting the strong conservation measures of the [MSA]”.

Commercial fishing groups that support Alaska Republican representative Don Young’s MSA reauthorization bill, HR 200, earlier expressed concern that the Monterey Bay Aquarium effort was an attack on the bill, which was passed by the US House of Representatives but requires Senate action before the expiration of the 115th Congress in December. The bill makes some of the most significant changes in MSA’s 42-year history, giving fishery regulatory bodies much more needed flexibility, say its champions.

But HR 200, which would have to be re-introduced in the 116th Congress if not successful in the next few weeks, already faces an uphill battle in the new House as it has enjoyed little support from the soon-to-be-in-charge Democrats.

The Monterey Bay Aquarium, which runs the Seafood Watch sustainability initiative, is one of a number of ocean conservation and environmental advocacy groups opposed to Young’s bill. The Environmental Defense Fund, Earthjustice, Oceana North America, the Alaska Longline Fishermen’s Association, Seafood Harvesters of America, Fortune Fish & Gourmet, and Santa Monica Seafood have also expressed opposition. They say it would undermine previously established fishing policies and endanger many valuable species.

Read the full story at Undercurrent News

 

Young’s win in Alaska caps long US election night for seafood industry

November 7, 2018 — It wasn’t expected to be so close.

Until roughly a month ago, most pundits expected Alaska Republican Don Young — the longest-serving member of the House of Representatives, a colorful, 85-year-old personality who has an office decorated with wild game trophies, has been known to wield a walrus penis bone in order to make a point, and is also one of the commercial seafood industry’s biggest champions — to handily defeat his Democratic opponent and retain his seat, as usual, on Nov. 6.

Then, a few days before the election, it wasn’t such a given, as polls showed Young’s 53-year-old Democratic challenger, Alyse Galvin, winning by a percentage point.

In the end, Young kept his job, apparently winning a 45th term with roughly 54% of the vote, though more votes remain to be counted.

“We got more votes this time than we got before, and everybody had me down,” he reportedly told the Associated Press in the early morning hours, after Galvin gave her concession speech.

“I feel real good about our campaign, and we were able to prove that Alaskans appreciate what I’ve been able to do. I’m going to have a good two years ahead of us,” he added.

Follow the examples set by Frank and Kennedy

Young wasn’t the only congressional race of consequence to the commercial fishing industry in the 2018 election.

Representative Bill Keating, the Massachusetts Democrat whose 9th district includes New Bedford, home of the US’ most valuable commercial fishing port, is the projected winner over GOP challenger Peter Tedeschi, having secured 61.3% of the vote with 43% of the precincts reporting.

Keating, who outraised Tedeschi by about $1.2 million to $800,000 in his campaign, is one of the Democrats that Bob Vanasse, executive director of Saving Seafood, hopes will continue to represent commercial seafood harvesters in the new Congress.

“Many of our coastal communities are represented by Democrats and they have been in the minority,” said Vanasse, whose group represents pro-commercial fishing interests. “We are hopeful that they will follow the examples of such members of Congress as Barney Frank and Ted Kennedy who demonstrated unequivocally that one can be a strong Democrat and a strong liberal and also stand up for the working families in their fishing communities.”

Read the full story at Undercurrent News

Monterey Bay campaign targets new lawmakers, but MSA bill not only focus

November 2, 2018 — The Monterey Bay Aquarium, one of multiple ocean conservation groups opposed to a bill that would update the Magnuson Stevens Act (MSA), won’t waste any time in its efforts to influence new US members of Congress. It has launched a chefs-oriented campaign intended to begin reaching lawmakers the day after the Nov. 6 election, Undercurrent News has learned.

The advocacy group, which runs the Seafood Watch sustainability initiative, held a meeting on Oct. 24 in Portland, Oregon, where it got chefs to discuss, finalize and sign a “Portland Pact for Sustainable Seafood”. The document calls on “the new Congress to prioritize the long-term health of US fish stocks by protecting the strong conservation measures of the [MSA]”, reveals an email sent by Sheila Bowman, Seafood Watch manager of culinary and strategic initiatives, a copy of which was obtained by Undercurrent.

The email requested recipients to sign an attached copy of the document before Nov. 1, joining “other Blue Ribbon Task Force chefs”, but not to share it with anyone until Nov. 7. By signing the letter, the chefs would be agreeing with Monterey Bay Aquarium and its #ChefsForFish campaign that US commercial fishing policy would be best served by:

  • “Requiring management decisions be science-based;
  • “Avoiding overfishing with catch limits and tools that hold everyone accountable for the fish that they remove from the ocean; and
  • “Ensuring the timely recovery of depleted fish stocks.”

“On November 7: We will send another email asking you to help spread the word so that we can gather more chef signatures,” Bowman instructs in her email. “Our hope is to have hundreds of chefs representing all 50 states!”

Read the full story at Undercurrent News

 

National Coalition for Fishing Communities: An Open Letter to America’s Chefs

October 31, 2018 — WASHINGTON — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Members of the National Coalition for Fishing Communities have long believed that the Magnuson-Stevens Act (MSA) is one of the great success stories in fisheries management. Originally co-sponsored in the House over 40 years ago by Reps. Don Young (R-Alaska) and Gerry Studds (D-Massachusetts), the MSA has become a worldwide model, and is one of the reasons the U.S. has some of the best-managed and most sustainable fish stocks in the world. The bill is named for its Senate champions, Warren Magnuson (D-Washington) and Ted Stevens (R-Alaska).

But we are concerned by a new “nationwide #ChefsForFish campaign targeted at the new 2019 Congress, to launch after the elections in early November,” being organized by the Monterey Bay Aquarium, which the Aquarium calls the “next phase” of its “defense” of the Magnuson-Stevens Act. The Monterey Bay Aquarium described this campaign in an October 25 email sent to its “Blue Ribbon Task Force chefs.” The email asked this network of chefs to support the “Portland Pact for Sustainable Seafood” (attached).

On the surface, the Portland Pact matter-of-factly states sound principles:

  • “Requiring management decisions be science-based;
  • Avoiding overfishing with catch limits and tools that hold everyone accountable for the fish that they remove from the ocean; and
  • Ensuring the timely recovery of depleted fish stocks.”

However, in the last Congress, the Monterey Bay Aquarium used similar language to falsely characterize legitimate attempts to pass needed improvements to the MSA as betraying these principles. In fact, these changes would have made the landmark law even better.

The Monterey Bay Aquarium has repeatedly called on Congress to reject efforts, such as H.R. 200, which passed the U.S. House in July, and was sponsored by the now Dean of the House Don Young, that would amend the Act to introduce needed updates for U.S. fisheries management. If the chefs being asked to sign onto the Portland Pact were to talk to our fishermen, they would know how important these reforms are for the health of our nation’s fishing communities.

Any suggestion that the original co-sponsor of the bill would, 40 years later, act to undermine America’s fisheries, is inappropriate. In fact, most of the “fishing groups” that opposed Congressman Young’s bill, are financially supported by environmental activists and their funders.

No legislation, no matter how well designed is perfect or timeless. In fact, Congress has twice made significant revisions to the MSA, first in 1996 with the passage of the Sustainable Fisheries Act and in 2007 with the MSA Reauthorization Act. Like many other valued and successful laws, the Magnuson-Stevens Act is both working well, and in need of updates.

We agree that “management decisions be science-based.” One of the most significant issues with the current MSA is that it requires that fish stocks be rebuilt according to rigid, arbitrary timeframes that have no scientific or biological basis. Bills like H.R. 200, officially the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, would instead require that stocks be rebuilt according to an appropriate biological timeframe determined by the regional councils that manage the stocks.

H.R. 200 would also introduce other important measures that would better allow the councils to adapt their management plans to fit changing ecological conditions and the needs of fishing communities, which will become increasingly important as our coastal areas experience the effects of climate change.

American fishermen, like many American chefs, are committed to sustainable fishing and healthy oceans. Our businesses need sustainable, abundant fish stocks for us to make a living, and we all want a thriving resource that we can pass down to the next generation. We would never endorse a law that would threaten the long-term survival of our environment or our industry. That is why we endorse changes to the MSA that would ensure both.

We ask that any chef who is considering signing onto the Monterey Bay Aquarium letter to Congress first consult the local fishermen who supply them with fresh, quality products to learn how this law affects their communities.

NCFC members are available to connect chefs with seafood industry leaders, who would be happy to discuss how the MSA can be updated to help both fish and fishermen.

Sincerely,

Alliance of Communities for Sustainable Fisheries
Kathy Fosmark, Co-Chair
CA

Atlantic Red Crab Company
Jon Williams, President
MA

California Wetfish Producers Association
Diane Pleschner-Steele
CA

Delmarva Fisheries Association
Capt. Rob Newberry, Chairman
MD, VA

Fishermen’s Dock Co-Op
Jim Lovgren, Board Member
NJ

Garden State Seafood Association
Greg DiDomenico, Executive Director
NJ

Hawaii Longline Association
Sean Martin, Executive Director
HI

Long Island Commercial Fishermen’s Association
Bonnie Brady, Executive Director
NY

Lunds Fisheries, Inc.
Wayne Reichle, President
CA, NJ

Rhode Island Fishermen’s Alliance
Rich Fuka, Executive Director
RI

Seafreeze, Ltd.
Meghan Lapp, Fisheries Liaison
RI

Southeastern Fisheries Association
Bob Jones, Executive Director
FL

Viking Village
Jim Gutowski, Owner
NJ

West Coast Seafood Processors Association
Lori Steele, Executive Director
CA, WA, OR

Western Fishboat Owners Association
Wayne Heikkila, Executive Director
AK, CA, OR, WA

PRESS CONTACT

Bob Vanasse
bob@savingseafood.org 
202-333-2628

View the letter here

 

Fight for New Fluke Quota in New York

October 26, 2018 — For many years, commercial fishermen in New York have complained about the inequities they faced in the numbers­­­ of summer flounder they could land (as well as other popular species), when compared to other states along the East Coast. The fight has gone on for nearly 30 years and continues to this day.

In April, the Mid-Atlantic Fisheries Management Council approved a summer flounder commercial issues draft amendment that rejected a motion by New York representatives to add provisions that would more adequately address the state-by-state quota inequity in the fluke fishery. Once again, the council and Atlantic States Marine Fisheries Commission solicited public comment on the draft amendment, which ended last week. While a decision has yet to be made, it’s very clear that frustration abounds concerning an imbalance between many on land and those who work on the water.

State Assemblyman Fred W. Thiele Jr. has called for two additional options in the summer flounder commercial issues draft amendment — to negotiate new state quota shares of summer flounder and to include a coast-wide quota and management of summer flounder.

“The state-by-state quotas created by the Mid-Atlantic Fisheries Management Council and the Department of Commerce’s National Marine Fisheries Service, pursuant to the Magnuson-Stevens Act, are based upon faulty and incomplete collection data, which discriminate against commercial fishermen in the State of New York,” Mr. Thiele said in an Oct. 15 statement.

Read the full story at The East Hampton Star