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Feds seek dismissal of lawsuit over extended red snapper season

October 19, 2017 — WASHINGTON — U.S. officials accused of allowing red snapper to be overfished in the Gulf of Mexico have called on a federal judge to enter a summary judgement in their case, saying the environmental organizations suing them have a moot point.

The rule challenged by Ocean Conservancy and the Environmental Defense Fund to extend the recreational fishing season has already expired, said Jeffrey Wood, the acting assistant attorney general for the Environmental and Natural Resources Division of the U.S. Department of Justice. Wood also claims the federal court has no jurisdiction over the case.

“Even if the court were to find it has jurisdiction, the only appropriate course at this juncture is to remand to the agency for further action consistent with the Magnuson-Stevens Fishery Conservation and Management Act,” Wood argued in a 13 October filing.

The two organizations filed suit against Commerce Secretary Wilbur Ross, the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service in July, a month after officials added 39 more days to the recreational fishing season.

Read the full story at Seafood Source

Journey to Sustainable Fisheries – 40 Years Under the Magnuson-Stevens Act

April 14 2016 — How did the United States get to where it is today with sustainable fisheries? Through 40 years of the Magnuson-Stevens Act.

On April 13, 1976, the Magnuson-Stevens Act was signed into law, and since then it has remained the primary law governing our fisheries.

Read the full story and watch the video at NOAA Fisheries

Gulf Businesses and Fishermen Supportive of Federal Management Absent from Small Business Hearing

March 3, 2016 — The following was released by the Gulf Fishermen’s Association:

On Thursday, March 3, the U.S. Senate Committee on Small Business and Entrepreneurship held a hearing about “the impacts of federal fisheries management on small businesses,” but fishermen and small businesses that rely on federal fisheries management were left out of the conversation.

Attached you will find a letter with signatures that represent more than 1,000 Gulf of Mexico coastal businesses, restaurant owners, associations and fishermen who support federal management of Gulf fisheries. These fishermen and other small-business owners want committee members to know that our jobs and livelihoods depend upon healthy fish populations.

The Magnuson-Stevens Fisheries Conservation and Management Act (MSA), the law that provides for the management of marine fish in federal waters, is working. In the Gulf of Mexico, gag and red grouper and king mackerel have been removed from the overfished list (meaning the population is no longer unsustainably low) since the law’s last reauthorization. Last year, Gulf fishermen enjoyed the largest ever red snapper quota. As those populations have increased, so has the public’s access to those fisheries. And Gulf businesses have thrived because of the MSA’s conservation and management provisions.

“Our Association’s members own small businesses that operate on the Gulf Coast, and depend on reliable access to sustainable fisheries,” said Capt. Will Ward, board member of the Gulf Fishermen’s Association. “But Senator Vitter’s proposals to expand unsustainable state management, either by redrawing maritime boundaries or transferring management responsibility whole sale, would jeopardize all of our members’ livelihood and those of countless other fishermen and coastal business owners. It was very disappointing and unwarranted that our voices were not represented at today’s Small Business Committee hearing.”

Gulf Fishermen’s Association and many others in the Gulf strongly oppose efforts that would undermine the progress we’ve made in rebuilding American fish populations and our fishing industries, including legislative proposals to extend Gulf state maritime boundaries or those that would transfer management of Gulf red snapper to states.

For more information or to request an interview with a licensed Gulf of Mexico fishing captain or small-business owner, please contact Capt. Will Ward.

Read the letter from the Gulf Fishermen’s Association

Rec Red Snapper Sector Using Congress to Bypass Gulf Stakeholders to Get State-Run Management

SEAFOODNEWS.COM by Michael Ramsingh – February 10, 2016 — Recreational red snapper users are going to Congress to bypass industry stakeholders to shift commercial and recreational management to the five Gulf States according to the commercial and charter sectors.

In January the Gulf of Mexico Fishery Management Council tabled the Amendment 39 proposal. That included a move of recreational red snapper management to the five Gulf States. This would undermine the primacy of federal fisheries management in the Magnuson Stevens Act.

Both the Charter Fisherman’s Association (CFA) and Gulf Reef Shareholders Alliance (GRSA) say the Council’s decision to delay Amendment 39 is part of an effort to get state-run management passed at the federal level by Congress.

“The same five state directors who for years have said they could manage the red snapper fishery better than the NMFS voted unanimously that they couldn’t do so and led the charge to postpone work on Amendment 39 (regional management) indefinitely,” said Capt Mike Jennings, a member of the Shareholders Alliance. “These five individuals are now asking Congress to hand it to them via federal legislation. Then they can work out a deal behind closed doors, without public input, despite their inability to do so in a public process guaranteed under the Magnuson-Stevens Act.”  

Last summer, the Gulf States Red Snapper Management Authority Act or HR 3094, was introduced as a way to get state-run Gulf Red Snapper management. The bill is sponsored by Representative Garret Graves (R-LA). 

The legislation differs from Amendment 39 since it shifts all red snapper management decisions—including commercial and charter sectors—to the Gulf States. The Congressional bill also circumvents input from industry stakeholders on how a state-run management system would function. Essentially, one director from each state would oversee Gulf red snapper management. 

However, in November HR 3094 was blasted in hearings before a House Committee on Natural Resources’ Subcommittee on Water, Power and Oceans.

“Charter-for-hire captains throughout the Gulf, and many commercial fishermen, chefs, and others involved in the seafood industry, are deeply concerned that this legislation will lead to an eventual, exclusive recreational fishery for Gulf of Mexico red snapper,” said Gulf of Mexico, Captain Gary Jarvis, president of the Destin Charter Boat Association at the time.

Meanwhile, other opponents of HR 3094 note how the bill directly flaunts the success of the federal fishery management process under Magnuson. 

“Unfortunately, some in Congress are supporting legislation that would undercut the MSA — drastically cutting consumers access to red snapper. U.S. Rep. Garret Graves’ H.R. 3094 would grant five Gulf states exclusive management authority over the entire red snapper fishery,” said Seafood Harvesters of America Executive Director Brett Veerhusen and Haley Bittermann, Corporate Executive Chef and Director of the Ralph Brennan Restaurant Group in an Op-Ed published this week in the The Times-Picayune. “We cannot support state takeover of the commercial fishery in the Gulf of Mexico. This bill threatens the availability of red snapper to local fishermen and restaurants across the country. This could prompt unsustainable overfishing by private anglers and set a dangerous precedent where states would have little incentive to be stricter than their neighbor.”

This story originally appeared on SeafoodNews.com, a subscription site. It has been reprinted with permission.

House Panel Supports Efforts to Safeguard Atlantic Coast Fisheries Access, Protect Against Obama Administration’s Potential Unilateral Fisheries Closures

December 7, 2015 — RIVERHEAD, N.Y. – The following was released by the House Committee on Natural Resources: 

Today, the House Committee on Natural Resources held an oversight field hearing in Riverhead, NY on public access to Atlantic fisheries and the impact and implementation of federal decision-making on the commercial and recreational fishing industry and local economies.  The panel received testimony from fisheries stakeholders and a representative from the National Oceanic and Atmospheric Administration (NOAA).

One focal point of the hearing was the possible designation by the Obama Administration of National Marine Monuments along the Atlantic Coast using the Antiquities Act, which would deny public input and usurp established habitat and fisheries management plans. Commercial and recreational fisheries stakeholders before the panel supported Committee efforts to ensure public input in future potential designations.

“I know firsthand what happens when a President abuses the Antiquities Act against the wishes of local residents as a means of shutting off multiple uses of lands and waters. There’s a reason we have laws on the books to ensure federal management decisions are informed by experts at the regional level, in full consultation with states and local users – not under the cover of darkness,” Committee on Natural Resources Chairman Rob Bishop (R-UT) said.

“Fishing and the maritime economy have been a key part of the economy, culture, and history of Long Island for centuries. Now more than ever our fisheries and the dedicated men and women who work in this important industry face challenges that must be addressed,” stated Rep. Lee Zeldin (R-NY) during opening statements. “And now more than ever we must strike the right balance between a strong fishing economy and protecting our critical natural resources. Fairness, transparency, and giving our fishermen and boaters a seat at the table is why we are here today.”

“Designating marine monuments is a relatively new practice that only began in 2006, with a monument designation larger than all of America’s National Parks combined, approximately the size of Germany,” Rep. Tom MacArthur (R-NJ) said during the hearing. “I find it particularly troubling that there is no concern given to local fish and wildlife commissioners or the state and local elected officials when sites are considered. There are serious implications to this designation and local communities should be involved in these designations, rather than a decree from Washington.”

In recent months, Members of Congress on both sides of the political aisle have voiced opposition to the potential Marine Monument designations and called upon the Obama Administration to seek local input on any potential actions.

Earlier this year, the House passed H.R. 1335, a bill to reauthorize and modernize the Magnuson-Stevens Act (MSA), the primary federal law that governs federal fisheries management.  This bill makes key reforms to reflect scientific advancements and regional needs, and includes provisions to ensure that state and local interests are protected from future Marine Monuments designated under the Antiquities Act.

Click here to view witness testimony. Video footage of the hearing will be available here later today.

Read the release here

Fishermen, Conservationists, and Regulators Honored for Landmark Coral Preservation Efforts

October 29, 2015 – The following was released by the Garden State Seafood Association (GSSA):

TRENTON, N.J. — Representatives from the Garden State Seafood Association (GSSA) are among those being honored for their efforts to preserve 38,000 square miles of Mid-Atlantic ocean habitat, and extend valuable protections to vulnerable coral reefs. Ernie Panacek, President of the GSSA, Richard Robins, Chairman of the Mid-Atlantic Fishery Management Council (MAFMC), and Jay Odell, Director of the Mid-Atlantic Marine Program at the Nature Conservancy, were presented with this year’s Regional Ocean Champions Award, given by the Urban Coast Institute at Monmouth University, at the Institute’s 11th Annual Future of the Ocean Symposium.

Dr. Sylvia Earle, Explorer in Residence at the National Geographic Society, and Terry Garcia, the Chief Science and Exploration Officer at the National Geographic Society, were presented with the National Champions of the Ocean Award.

Earlier this year, the MAFMC approved the Deep Sea Corals Amendment, which created a series of “deep sea coral zones,” totaling over 38,000 square miles, to be closed off to fishing gear that comes into contact with the seafloor. These zones protect the fragile coral ecosystems and other notable habitats from potentially harmful disturbances.

“The Deep Sea Corals Amendment presented the Council with an opportunity of a lifetime to conserve sensitive deep sea corals and their associated marine ecosystems in the Mid-Atlantic,” said Mr. Robins. “What was so unique about this action was that we used a participatory approach to defining the protected areas, which allowed a broad range of stakeholders to reach consensus on what those boundaries should be.”

This participatory process brought together Council members, fishermen and industry representatives, scientists, and other stakeholders in a collaborative and cooperative effort.

“The fishing industry has a lot to offer intellectually,” said Mr. Panacek. “When there is mutual respect, meaningful results can be achieved.”

The resulting protections have been widely praised, by environmentalists and fishermen alike. Peter Baker, of the The Pew Charitable Trusts, wrote in a post featured on the Conservation Law Foundation’s Talking Fish blog that the Amendment would “cement a conservation legacy for the Mid-Atlantic.”

Industry representatives, such as GSSA Executive Director Greg DiDomenico, see the open and inclusive process that lead to the Amendment as an example for fisheries managers nationwide, one that demonstrates the value of stakeholder engagement and proves that the fisheries management system established by the Magnuson-Stevens Act works.

“The process in the Mid-Atlantic should be the model for developing targeted habitat protection in New England,” said Mr. DiDomenico. “An open, collaborative process is the best way to build on these efforts.”  

The Champion of the Ocean Awards honor those who have “demonstrated sustained leadership in advancing a future in which coasts and oceans are clean, safe, sustainably managed and preserved for the benefit and enjoyment of future generations.”

This is the second time this year that GSSA has been honored for its conservation work. Mr. DiDomenico, along with MAFMC Chairman Robins, were recognized as Conservation Leaders by the New York Aquarium in a September ceremony held at the Central Park Zoo.

About the Garden State Seafood Association

The Garden State Seafood Association (GSSA) advocates on behalf of New Jersey’s fishermen and fishing communities. Through closely monitoring regulatory developments, actively participating in the management process, and sharing the latest fisheries news and information with our members, GSSA holds our leaders accountable to the concerns and priorities of New Jersey’s hard working, historic fishing industry.

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