Saving Seafood

US aquaculture advocates: Judge’s ruling on Gulf of Mexico proves need for law

September 28, 2018 — A lobbying group organized by more than a dozen powerful seafood companies says a ruling this week by a federal judge that the US National Marine Fisheries Service (NMFS) doesn’t have the authority to oversee fish pens in federal waters is why new legislation is needed.

In a 15-page opinion handed down Monday, US district court judge Jane Triche Milazzo, in the Eastern District of Louisiana, granted a motion by the Center for Food Safety (CFS) and a coalition of fishing and public interest groups it represented to grant a summary judgment in its lawsuit against NMFS to block its efforts to establish aquaculture in the Gulf of Mexico.

Milazzo has given the plaintiffs 10 days to file a proposed judgment.

CFS filed its lawsuit against NMFS, a division of the National Oceanic and Atmospheric Administration, in February 2016, arguing that the Magnuson Stevens Fishery Conservation and Management Act (MSA), passed in 1976, was meant to give NMFS authority over the harvesting of wild fish, not aquaculture.

“In analyzing the plain text, statutory scheme, and legislative history of the MSA, this court finds that the term ‘harvesting’ was intended to refer to the traditional fishing of wild fish,” Milazzo wrote in her opinion. “There is nothing in the MSA or its legislative history to suggest that Congress might have intended that the term be defined to include the farming of fish.

“… It is often said that ‘Congress does not ‘hide elephants in mouseholes’, and this court cannot imagine a more fitting example,” she added.

NMFS, in January 2016, with the help of the Gulf Council, finalized regulations to authorize a federal commercial aquaculture permitting scheme in the gulf. According to CFS, the program would have allowed up to 20 industrial facilities and collectively 64 million pounds of fish to be grown each year in the area.

Read the full story at Undercurrent News

Greg DiDomenico & Diane Pleschner-Steele: Senate MSA reauthorization a step back for fishing communities

August 21, 2018 — The following op-ed was originally published in The Hill and was written by Greg DiDomenico, the Executive Director of the Garden State Seafood Association, and Diane Pleschner-Steele, the Executive Director of the California Wetfish Producers Association:

In July, the House passed H.R. 200 the “Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act,” a much needed update of federal fisheries law that allows for both sustainable fisheries management and the long-term preservation of our nation’s fishing communities. Unfortunately, its counterpart bill making its way through the Senate would likely have the opposite effect.

The Senate bill, S.1520, or the “Modernizing Recreational Fisheries Management Act of 2018,” introduces changes to the Magnuson-Stevens Act (MSA)—the main law governing U.S. fisheries—that would impose increasingly burdensome regulations on American fishermen and undermine H.R. 200’s goal of increasing flexibility in fisheries management.

Of particular concern are provisions contained in Section 104 of the bill, “Rebuilding Overfished Fisheries.“ Rather than giving fisheries managers more flexibility in how they manage and rebuild fish stocks, these new requirements added to S.1520 make rebuilding requirements more stringent and onerous.

For example, one of the most disturbing changes is the requirement that Regional Fishery Management Councils achieve a 75 percent chance of rebuilding a stock if that stock has not rebuilt in as short a timeframe as possible. What that means in practice is that regulators will be forced to set quotas according to a rigid, predetermined timeframe, rather than one based around scientific evidence or biological necessity. This will lead to quotas that are much lower than they need to be to sustainably manage the species, and fishing communities being unnecessarily hurt in the process.

Read the full opinion piece at The Hill

 

Dems seek tariff relief for fishing industry

August 1, 2018 — The Trump administration announced last week that it would provide up to $12 billion in emergency relief funding for farmers whose businesses are suffering from an escalating trade war.

Now a group of Democratic U.S. representatives is pressing for similar emergency relief for the fishing industry, which is expecting a significant financial hit from a series of increasing export tariffs imposed by China.

H.R. 6528, introduced last Wednesday by Rep. Seth Moulton (D-Mass.), would amend a provision in the Magnuson-Stevens Act that allows the federal government to provide funding to harvesters affected by natural or man-made disasters, such as hurricanes and oil spills. The bill would add cases of “unilateral tariffs imposed by other countries on any United States seafood” as events warranting emergency relief.

Read the full story at National Fisherman

 

Five US House Democrats get behind tariff-relief bill for fishermen

July 30, 2018 — In the same week that President Donald Trump announced his plan to offer land farmers in the US $12 billion to help compensate for losses suffered as a result of his trade scuffles with China and other nations, a small group of Democrats in the House of Representatives have put forth a plan to help fishermen.

HR 6528, introduced Wednesday by Massachusetts representative Seth Moulton, would amend a provision contained in the Magnuson Stevens Act that allows for the government to make money available to harvesters in the case of a natural or man-made disaster. It would add language that clarifies that such funds can also be used in the case of “unilateral tariffs imposed by other countries on any United States seafood.”

Co-sponsors of the bill include representatives Chellie Pingree of Maine, Stephen Lynch and William Keating, both of Massachusetts, Jared Huffman of California, and Raul Grijalva of Arizona.

Pingree, an organic farmer, has been particularly vocal about the president’s tough trade stance, writing letters to the US Department of Agriculture (USDA) and US Trade Representative.

“Farmers haven’t been the only ones to suffer the consequences of the Trump administration’s sloppy trade actions,” she said in a statement issued this week.

Read the full story at Undercurrent News

 

Fishing industry at odds with environmentalists over changes to U.S. fishing laws

July 30, 2018 — Fishermen and environmentalists are at odds over a suite of changes to U.S. fishing laws that was approved by the House of Representatives, and the proposal faces a new hurdle in the Senate.

The House passed changes to the Magnuson-Stevens Fishery Conservation and Management Act, a 42-year-old set of rules designed to protect fisheries from over-harvest, on July 11, largely along party lines. Environmental groups have derided the changes as antithetical to the purpose of the act, which many fishermen and conservationists credit with saving seafood stocks such as New England sea scallops and Bering Sea snow crab.

Supporters of the House bill and several commercial and recreational fishing groups have said the changes merely provide managers with flexibility and refocus the Magnuson-Stevens Act on sound science.

The big question is whether a bill will also pass the Senate before the midterm election. No bill has been proposed yet, and the election could bring changes that make it more difficult for such a bill to pass.

Read the full story from the Associated Press at The Los Angeles Times

 

Jessica Hathaway: Outboards overboard

June 26, 2018 — In the coming weeks, the House is likely to vote on Rep. Don Young’s (R-Alaska) Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, or H.R. 200.

This revision and reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act garnered a lot of support in the industry but has since been amended to include anti-commercial-fishing language that all but assures the slow creep of commercial quota to the sport fleet in favor of a tourism-based economy.

“It’s time for the federal policies that govern U.S. fisheries to account for the impact the recreational and boating industries have on the economy,” said Martin Peters, Government Relations Manager for Yamaha Marine Group in a press release.

A band of charter fishermen out of Galveston, Texas, is publicly protesting Yamaha Marine Group because the company has actively been lobbying for the amendment, which weakens the commercial fleet’s access to reef fish quota on the Gulf Coast.

“We had turned the corner and rebuilt these fisheries,” Scott Hickman, owner of charter fishing company Circle H Outfitters of Galveston, Texas, told the Daily News in Galveston. “Now, companies like Yamaha are funding bad legislation that would roll back the conservation aspects of the act.”

Yamaha’s advocacy cemented the company’s alliance with recreational fishing interests and the Coastal Conservation Association. But the push to strip the commercial fleet of its quota reportedly has broader support among other members of the National Marine Manufacturers Association, as well.

Read the full story at National Fisherman

 

Mark Eustis: Magnuson — act now

June 26, 2018 — If you are not tracking changes to the Magnuson-Stevens Act, it’s time to put it on your radar. Washington lobbyists working for the recreational fishing industry are trying to rewrite America’s fisheries laws to serve their own interests, and commercial fishermen could be left at the dock.

Gulf Coast groups that once were grass-roots conservationists are now a multi-million-dollar advocacy business — complete with a political action committee funded by recreational marine manufacturers. This PAC is lobbying hard to change Magnuson, and the results are two new bills in Congress — S. 1520 and H.R. 200.

Among many, many changes, each of these acts “modifies the annual catch limit requirement to allow for more adaptive approaches” to “increase access” for recreational anglers. And most importantly for commercial fishermen, they allow for reallocation based on “socioeconomic benefits.” This is a zero-sum taking that will affect commercial fisheries. Eric Brazer said it well here in “Sustainability in the crosshairs” (NF Oct. 2017):

“Reallocating more fish to the recreational sector at the expense of the commercial sector does nothing to solve the fundamental problems… Nobody knows precisely how many recreational red snapper fishermen there are or how many fish they catch.”

Read the full op-ed at National Fisherman

 

East and West Coast NCFC Members: ‘H.R. 200 Will Create Flexibility Without Compromising Conservation’

June 25, 2018 — WASHINGTON — Today, East and West Coast members of Saving Seafood’s National Coalition for Fishing Communities (NCFC) submitted a letter to Speaker of the House Paul Ryan and Majority Leader Kevin McCarthy in support of H.R. 200, the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, which would update the Magnuson-Stevens Act.

The letter, which was also sent to Minority Leader Nancy Pelosi, House Natural Resources Committee Chairman Rob Bishop, House Natural Resources Committee Chairman Emeritus Don Young, and other top Congressional officials, states that H.R. 200 will “create flexibility without compromising conservation.”

“We want a Magnuson-Stevens Act (MSA) that allows for both sustainable fisheries management, and the long-term preservation of our nation’s fishing communities,” the groups wrote. “We firmly believe that Congress can meet these goals by allowing for more flexibility in management, eliminating arbitrary rebuilding timelines, and adding other reforms that better take into account the complex challenges facing commercial fishermen.”

The letter does not include support from the NCFC’s Florida, Gulf of Mexico, and South Atlantic members, which supported the legislation from the beginning, but withdrew their support due to a late change to the Manager’s Amendment that would negatively impact their region. The NCFC’s East and West Coast members continue to support the bill on its overall merits, but share the concerns of Gulf and South Atlantic fishermen over this late alteration.

Organizations affiliated with the NCFC do not accept money from ENGOs, and represent the authentic views of the U.S. commercial fishing industry.

The letter signers represent the American Scallop Association, Atlantic Red Crab Company, Atlantic Capes Fisheries, BASE Seafood, California Wetfish Producers Association, Cape Seafood, Garden State Seafood Association, Inlet Seafood, Long Island Commercial Fishing Association, Lund’s Fisheries, North Carolina Fisheries Association, Rhode Island Commercial Fishermen’s Alliance, Seafreeze Ltd., Town Dock, West Coast Seafood Processors Association, and Western Fishboat Owners Association.

Read the full letter here

 

U.S. House set to vote on key fisheries bill Tuesday

June 25, 2018 — A hotly debated bill that would revamp the key law that governs how the federal government manages fisheries in the Gulf of Mexico and elsewhere off the nation’s coast is headed for a vote Tuesday in the U.S. House of Representatives.

It’s called the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, or H.R. 200. It’s also referred to as the Modern Fish Act.

Its author, Rep. Don Young, says the bill would update and improve the Magnuson Stevens Act, the primary law that guides federal fisheries regulators.

“Reauthorizing the MSA will ensure a proper balance between the biological needs of fish stocks and the economic needs of fishermen and coastal communities,” Young said after the House Natural Resources Committee approved his bill in December. “MSA has not been reauthorized since 2006. It is long past time for this Congress to act and support our nation’s fisheries.”

Sport-fishing groups support the bill, saying it would give greater flexibility to states and regional boards to manage fisheries off their coasts and could lead to greater access for anglers.

Read the full story at the Daily Comet

Magnuson-Stevens update up for floor vote next week

June 22, 2018 — A bill that would update the Magnuson Stevens Act (MSA) — changing the US rules around annual catch limits (ACLs) and stock-rebuilding programs — is set to take a major step toward final passage next week.

The US House of Representatives’ Rules Committee has scheduled a discussion about procedures, meaning the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act (HR 200) is headed for a vote by the full lower chamber. The vote could happen as soon as Tuesday, though a date has not yet been picked, a House staffer told Undercurrent News.

The bill, introduced by Alaska representative Don Young, a Republican, was passed by the House Committee on Natural Resources by a 23-17 vote in December and now has 11 cosponsors, including two Democrats, Texas representatives Gene Green and Marc Veasey.

Natural Resources Committee chairman Rob Bishop, a Utah Republican, had described the measure as one of his top two priorities.

“America’s fisheries are governed by an outdated regulatory scheme and inflexible decrees imposed by distant bureaucrats,” Bishop said after the December vote. “Fishermen and biologists on the ground should be partners in the formation of management plans, not powerless onlookers. This bill provides flexibility so we can better meet local needs, expand economic activity and conserve ecosystems.”

Read the full story at Undercurrent News