Saving Seafood

Judge rejects delay, keeps Samoa mining lawsuit on track before sale

September 23, 2026 — A federal judge in Honolulu has refused to let the Trump administration delay a hearing that could decide whether a deep-sea mining lease sale off American Samoa broke federal law, leaving open the chance that a court could block the sale before it happens.

U.S. District Judge Jill Otake denied the government’s motion to continue in an order issued Friday. She kept an Oct. 30 hearing intact on Earthjustice’s motion for summary judgment, meaning the case could be decided roughly three weeks before American Samoa’s lease sale, tentatively set for Nov. 19.

Earthjustice’s lawsuit targets the National Marine Fisheries Service, not the Marine Minerals Administration, the Interior agency actually running the sale. The fisheries service issued what’s called a letter of concurrence, agreeing with MMA’s finding that leasing wouldn’t likely harm whales, sea turtles and other protected species. Earthjustice argues the agency never seriously weighed what mining itself, not just leasing, could do to marine life.

The timing carries weight beyond American Samoa. Earthjustice is pursuing a nearly identical case over mining leases planned 47 miles from Guam, and the attorney handling both cases says the Hawaii ruling will shape how the Marianas fight unfolds.

“How things go with American Samoa will greatly inform how things go with (Commonwealth of the Northern Mariana Islands),” said Harley Broyles, the Earthjustice attorney, in an interview Wednesday with The Guam Daily Post, “because of the similarity of the issues.”

Read the full article at The Guam Daily Post

Opinion on The Maine Lobstermen Decision and Recent Federal Fisheries Actions

September 8, 2026 — The following opinion was published by Samuel Blatchley:

Three years ago the D.C. Circuit told the National Marine Fisheries Service it could not build a biological opinion on worst-case assumptions. Last week the agency wrote that principle into its own priorities.

In Maine Lobstermen’s Ass’n v. National Marine Fisheries Service, 70 F.4th 582 (D.C. Cir. 2023), the court held that the Service may not, when faced with uncertainty, give the benefit of the doubt to an endangered species by relying on worst-case scenarios or pessimistic assumptions. The ESA calls for an empirical judgment about what is likely. The effects of an action are those reasonably certain to occur, found on clear and substantial information. Projections the agency itself concedes are very likely wrong do not meet that standard. The court reversed, directed judgment for the lobstermen, and ordered the biological opinion vacated as applied to the lobster and Jonah crab fisheries. I was on the case for the Massachusetts Lobstermen’s Association, alongside the Maine Lobstermen’s Association, the State of Maine, and Lodge 207. Our clients were facing regulations that would have taken jobs and boats out of the water.

Two things happened last week that build on it.

On September 1 the House passed H.R. 9436, the Northeast Lobsterman Protection Act, 219 to 196, extending the current regulatory pause for the lobster and Jonah crab fisheries from 2028 to 2035. The Administration issued a statement strongly supporting passage. It now goes to the Senate.

On September 2 NOAA Fisheries issued its agency-level priorities. On the Northeast lobster fishery, the agency states it will not mandate ropeless gear, that any decision support tools or models used by the Take Reduction Team must be independently and empirically reviewed, and that any future Atlantic Large Whale Take Reduction Plan will rest on best available data rather than worst-case scenario modeling.

That last clause applies the principle the court enforced in 2023, and returns the agency to the position it had taken itself in 2019 before the biological opinion abandoned it.

Worth keeping the distinction clear. The bill would change a statute. The priorities document is a policy statement that amends nothing and can be withdrawn. What lasts is the record. The Take Reduction Team is building the file the next rule will stand on, and how its models get vetted will matter long after the announcement does.

Common sense science is not a slogan. It is what the statute already required, and what it took a court to enforce. The Senate should pass H.R. 9436, and the agency should be held to the standard it has now stated, so the next rule protects both the whale and the communities that fish alongside it.

#FisheriesLaw #Lobster #EndangeredSpeciesAct #RightWhale #AdministrativeLaw

Samuel P. Blatchley is a maritime, fisheries, and insurance attorney and Proctor in Admiralty at Eckland & Blando LLP, where he represents vessel owners, commercial fishermen, marine businesses, insurers, and industry organizations in complex litigation, regulatory matters, marine casualties, coverage disputes, and commercial disputes throughout the United States. His practice includes federal admiralty litigation, fisheries and environmental regulation, marine insurance, limitation of liability, vessel arrests and maritime liens, and matters involving NOAA Fisheries and other federal and state agencies. He has represented fishing-industry interests in significant state and federal litigation, including the D.C. Circuit challenge to NOAA Fisheries’ North Atlantic right whale regulations on behalf of the Massachusetts Lobstermen’s Association. Blatchley is admitted to practice in Massachusetts, Rhode Island, Maine, and New York and is a graduate of Tulane University Law School, where he earned a Maritime Law Certificate and served on the Tulane Maritime Law Journal.

Oceana loses court appeal challenging Alaska trawling

August 31, 2026 — Environmental NGO Oceana has lost an appeal of its lawsuit against the National Marine Fisheries Service (NMFS) after the U.S. Court of Appeals for the Ninth Circuit vacated and remanded an earlier decision, instructing the court to dismiss for lack of jurisdiction.

Oceana first sued NMFS in Alaska District Court in 2024, alleging the agency failed to adequately protect the North Pacific seabed from trawl fishing. The lawsuit claimed NMFS wasn’t fulfilling its obligations under the Magnuson-Stevens Act (MSA) and the National Environmental Policy Act (NEPA).

Read the full article at SeafoodSource

Nonprofit sues over U.S. push to auction areas of water around American Samoa for potential mining

August 20, 2026 — A legal environmental group sued the U.S. government on Tuesday to halt the Trump administration’s plans announced last month to auction off sections of water surrounding American Samoa for potential deep-sea mining.

Earthjustice filed the lawsuit against the U.S. National Marine Fisheries Service and U.S. Commerce Secretary Howard Lutnick on behalf of two groups: Fa‘asao Amerika Samoa and Conservation Council for Hawai‘i.

The legal nonprofit is requesting that a judge order the National Marine Fisheries Service to stop moving forward with its plans and to comply with the Endangered Species Act and other federal laws.

“The United States has never opened its waters to deep-sea mining. Until now,” the lawsuit stated.

It noted that the U.S. plans to sell leases with the intention of allowing mining across 33 million acres of seabed off American Samoa that is rich in minerals including nickel, cobalt and manganese that are used to build batteries, electronics and other products.

Read the full article at NBC News

Feds to weigh possible new fishing rules and restrictions to protect Mid-Atlantic whales

August 17, 2026 — Federal fisheries officials are beginning a process that could eventually lead to new fishing restrictions along the East Coast designed to protect native whale species.

The National Marine Fisheries Service, part of the National Oceanic and Atmospheric Administration, announced Aug 14 that it intends to conduct an environmental review of potential changes to the Atlantic Large Whale Take Reduction Plan. The plan is intended to reduce deaths and serious injuries of North Atlantic right whales, humpback whales, and fin whales caused by entanglements in commercial trap/pot and gillnet fishing gear along the East Coast.

NMFS stresses that Friday’s publication merely begins a public comment process and is not a proposed federal rule.

Read the full article at WBOC

US court hears arguments against turtle excluder devices in inshore Louisiana waters

August 14, 2026 — The U.S. Court of Appeals for the Fifth Circuit is considering a challenge to a 2019 NOAA Fisheries rule forcing Louisiana inshore shrimpers to install turtle excluder devices (TEDs).

A TED is a grid of metal bars placed in a trawl net that block larger animals – like turtles – while allowing smaller animals – like shrimp – to pass through. Louisiana shrimpers claim the requirement on inshore vessels is excessive, making their work more difficult and expensive despite little risk to turtles.

Read the full article at SeafoodSource

Alaskan fishing management on the hook in Ninth Circuit

August 11, 2026 — An ocean conservation group asked a Ninth Circuit panel on Monday to make the National Fisheries Management Service take another look at the impact of fishing on essential fish habitat offshore of Alaska.

“All the court needs to decide is a straightforward legal question: Can the Fisheries Service meet its obligation to minimize all adverse effects on all designated essential fish habitat by using only two tests to identify those adverse effects?” posited Katherine Glover, Earthjustice attorney representing Oceana.

Oceana, an advocacy organization focused on ocean conservation, sued the National Marine Fisheries Service in 2024. It accused the service of using the wrong criteria when looking at the effects of fishing on essential fish habitat offshore of Alaska.

Under the Magnuson-Stevens Fishery Conservation and Management Act, the service is required to identify and protect “essential fish habitat” necessary to sustain healthy fish populations.  As part of that, the service is obligated to minimize adverse impacts on essential fish habitats caused by fishing.

The service approved five amendments to management plans for federally managed groundfish, crab and salmon fisheries in the waters near Alaska, and Oceana accused the service of relying on only two flawed tests to make its decision. One is the core essential fish habitat test and the other is the minimum stock size threshold test.

Read the full article at Courthouse News Service

US Pacific Territories Fishery Capacity-Building Scholarship Applications Due September 18, 2026

August 10, 2026 — The following was released by the The Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Council and its Education Committee members are pleased to announce the availability of scholarships for the 2026-2027 academic year. These scholarships support the aspiration of American Samoa, Guam and the Commonwealth of the Northern Mariana Islands to build their capacity to effectively manage their fisheries and related resources by employing people from the local communities. Read updates on current and previous scholarship recipients starting on page 11 of our Fall 2025 Council newsletter.

Students with strong ties to these territories are eligible for scholarships that cover the cost of tuition and fees and some living expenses. The amount will be based on the University’s estimated cost of attendance. Applications are being accepted for both undergraduate and graduate students, but preference will be given to students with two years or less until graduation. View the scholarship announcement and application for complete eligibility and submission requirements. Funding for the scholarships comes in part from the Western Pacific Sustainable Fisheries Fund and National Marine Fisheries Service. For further details, please contact Amy Vandehey at info@wpcouncil.org or phone (808) 522-6040.

Murkowski and Colleagues Work to Modernize Fisheries Science

August 7, 2026 — The following was released by the Office of U.S. Senator Lisa Murkowski:

Today, U.S. Senators Lisa Murkowski (R-AK) and Senator Sheldon Whitehouse (D-RI) introduced legislation that would help the National Oceanic and Atmospheric Administration (NOAA) better assess and protect our fisheries. The Fisheries Science Modernization Act would incorporate environmental DNA (eDNA) and other biomolecular tools into NOAA’s fisheries science programs, allowing for more cost-effective and expanded survey coverage. This would bolster, not replace, traditional stock assessment surveys by providing NOAA with additional scientifically validated tools to improve data collection, expand survey coverage, and strengthen fisheries management.

This bill would establish national standards for this innovative technology while expanding workforce capacity, strengthening interagency coordination, and supporting private-sector innovation without imposing new regulatory burdens. Senators Dan Sullivan (R-AK), Jeff Merkley (D-OR), Chris Van Hollen (D-MD), Patty Murray (D-WA), Angus King (I-ME), and Adam Schiff (D-CA) are co-sponsors.

“Without accurate stock assessments, we cannot make the informed, science-based management decisions needed to ensure our fisheries remain sustainable for generations to come,” said Senator Murkowski. “Environmental DNA is an innovative, cost-effective tool that will give our scientists a clearer picture of our fisheries while expanding survey coverage and reducing costs. This legislation is the product of extensive collaboration with NOAA, Alaska fishermen, Tribal partners, academia, and industry to modernize how we assess fish stocks using the best available science.”

“With climate change wreaking havoc on fisheries, researchers need to stay ahead of the curve,” said Senator Whitehouse. “This bill will allow NOAA to harness new technologies to keep fish stocks healthy and robust.”

“Reliable fisheries surveys and stock assessments are the foundation of sustainable fisheries management,” said Sen. Sullivan. “I’ve consistently fought to ensure NOAA maintains robust fisheries survey coverage in Alaska, where changing ocean conditions are impacting our subsistence, recreational, and commercially important species and the communities that depend on them. As fish stocks shift and ocean conditions become more variable, we need to invest in both the traditional surveys that have served us for decades and innovative technologies that can make those surveys even stronger. By thoughtfully investing in and integrating new tools, we can improve the quality of stock assessments, better support our fishermen and communities, and ensure America’s fisheries remain among the best managed in the world.”

“To implement the best possible fisheries management strategies, we need the best available data,” said Senator Merkley. “Our bipartisan bill modernizes federal fisheries science and invests in innovative data collection and analysis. Bolstering our tools to monitor fisheries is critical to supporting both Oregon fishermen and responsible, sustainable fishing for generations to come.”

“Environmental DNA is a promising new tool for fisheries and ecosystem assessment that could improve fisheries management while also lowering costs,” said Linda Behnken, Executive Director of the Alaska Longline Fishermen’s Association. “Senator Murkowski’s Fisheries Science Modernization Act will advance this technology while also improving oversight and collaboration.?ALFA supports this bill and applauds Senator Murkowski for her commitment to science-based management of Alaska’s fisheries.”

“The Fisheries Science Modernization Act comes at a pivotal moment for U.S. fisheries management,” said Austen Thomas, Senior Application Scientist. “As an eDNA service provider, Wilderlab USA sees firsthand how environmental DNA can expand monitoring coverage, reduce survey costs, and deliver data on species that traditional methods often miss. This bill’s focus on national standards and predictable procurement pathways is exactly what the private sector needs to invest with confidence in U.S. eDNA capacity. By bringing the private sector into closer partnership with NOAA and other resource agencies, this legislation will help ensure fisheries decisions are grounded in the best available science. We commend Senator Murkowski for this forward-looking legislation and look forward to supporting NOAA’s efforts to modernize how we understand and manage our nation’s fisheries.”

“United Catcher Boats supports the Fisheries Science Modernization Act of 2026 and appreciates Senator Murkowski’s continued leadership in advancing science-based fisheries management,” said Andrea Keikkala, Executive Director of United Catcher Boats. “Senator Murkowski has long demonstrated a deep understanding of the importance of sound fisheries science and the need to ensure NOAA Fisheries has the tools necessary to sustainably manage our nation’s fisheries. We appreciate her leadership in championing innovative technologies that have the potential to strengthen stock assessments, expand scientific capacity, and improve fisheries management. We recommend that Congress ensure NOAA Fisheries has adequate resources to successfully implement these important new responsibilities without reducing investment in existing stock assessments, fishery-independent surveys, cooperative research, observer programs, or other core science activities that are fundamental to science-based fisheries management. Investments in eDNA should complement, rather than displace, the core science programs that have made the United States the global leader in sustainable fisheries management.”

“The United States is a global leader in sustainable fisheries because of our commitment to science-based management,” said Joanna Slaney, Environmental Defense Fund’s Vice President for Political and Government Affairs. “As technology and science continue to advance, it is crucial for NOAA to examine innovative methods to collect fisheries data and further the best available science. EDF appreciates Senator Murkowski and Senator Whitehouse’s leadership to further science that supports thriving ecosystems, fishery resources, and the communities that depend on them.”

“Environmental DNA collection is an exciting new scientific frontier for augmenting our understanding of fisheries and their ecosystems,” said Meredith Moore, Ocean Conservancy’s Senior Director of Fish Conservation. “The Fisheries Science Modernization Act lays a solid foundation for unlocking this new source of data to improve fisheries management.”

“America’s 11.8 million saltwater anglers depend on healthy fisheries, and sound fisheries management starts with sound science,” said Mike Leonard, the American Sportfishing Association’s (ASA) Vice President of Government Affairs. “Environmental DNA has shown tremendous potential as a tool to supplement traditional fisheries surveys, improve our understanding of marine fish populations, and help managers make more informed decisions. By testing and validating these technologies before incorporating them into stock assessments, the Fisheries Science Modernization Act takes a thoughtful, science-based approach to strengthening marine fisheries research. Better science leads to better management, which ultimately benefits both fish populations and the millions of anglers who contribute more than $145 billion in economic activity to our nation’s coastal communities. ASA appreciates Senator Murkowski’s leadership on this important legislation.”

The legislation is further endorsed by the Cape Cod Fishermen’s Alliance, the Alaska Ocean Observing System, the U.S. Integrated Ocean Observing System, the Western Alaska Community Development Quota Program, eDNAtec, the National Estuarine Research Reserve Associationand, the Pacific Seafood Processors Association.

Background

Currently, NOAA’s stock assessment methods are constrained by high operational costs and limited vessel availability, resulting in gaps in survey coverage. The integration of eDNA, already widely used in the private sector, would help close these gaps by enabling sampling in remote or hazardous environments while reducing costs.

The Fisheries Science Modernization Act would provide the federal government with key tools to better protect and grow our fisheries by modernizing how fish stocks are assessed while expanding agencies’ capacity to use eDNA. Specifically, the legislation:

Modernizing Stock Assessments

  • Establishes a NOAA eDNA Fishery Stock Assessment Pilot Program to validate methods across diverse regions and species.
  • Requires NOAA to develop an agency-wide eDNA Implementation Plan detailing how eDNA will be integrated into federally managed fisheries.
  • Directs NOAA to routinely collect eDNA samples during existing surveys to improve accuracy, expand coverage, and build long-term datasets.
  • Integrates eDNA into fisheries research and ecosystem monitoring by amending the Magnuson-Stevens Act.
  • Promotes collaboration among NOAA, fishermen, Tribal Nations, academia, and industry.
  • Requires annual coordination meetings and reports to the Office of Science and Technology Policy (OSTP) and Congress to ensure accountability.

Building National eDNA Capacity

  • Creates the National Aquatic Biomolecular Coordination Network (NABCN) to develop national standards for sampling, laboratory workflows, quality assurance and quality control (QA/QC), metadata, and bioinformatics.
  • Establishes a coordinated multi-agency framework enabling consistent biomolecular monitoring across freshwater, estuarine, coastal, and marine environments.
  • Expands NOAA’s workforce and laboratory capacity while supporting complementary private-sector services.
  • Trains National Marine Fisheries Service (NMFS) technicians in eDNA collection, handling, and modeling.
  • Supports research, innovation, and technology transfer across agencies, academia, Tribal partners, and industry.
  • Provides transparent performance standards and predictable procurement pathways to encourage U.S. innovation and commercialization of emerging eDNA tools, including autonomous and AI-enabled sampling systems.

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eDNAtec and the National Estuarine Research Reserve Association.

Thank you!

Shrimp industry fights $9.4M loss from federal turtle device mandate

August 6, 2026 — A federal appeals court heard arguments Tuesday over whether Louisiana shrimpers should be required to use turtle protection devices in their nets, a rule the state’s shrimp industry says could have major financial consequences.

The Louisiana Shrimp Association is challenging a federal mandate requiring shrimp boats longer than 40 feet to use Turtle Excluder Devices, or TEDs. The group argues the devices are unnecessary in Louisiana’s inland waters, where members say sea turtles are rarely found.

The requirement was issued by the National Marine Fisheries Service as part of federal efforts to protect endangered and threatened sea turtles from becoming trapped in shrimp nets.

Attorneys representing the shrimp industry argued that the devices are costly to install and can reduce shrimp harvests by collecting trash and debris inside the nets. Association members also contend they have rarely encountered sea turtles while operating in the state’s shallow inland waters over several decades.

Read the full article at KFLY