Saving Seafood

NFI, NOAA settle lawsuit over MMPA import restrictions; agency stays import ban of swimming crab

November 3, 2025 — The National Fisheries Institute and several seafood companies have settled their lawsuit against the National Marine Fisheries Service (NMFS) over its recent determinations on Marine Mammal Protection Act (MMPA) requirements.

NFI sued NMFS in early October over the agency’s decision to find most blue crab fisheries in major countries did not meet MMPA equivalency standards, a requirement for any country looking to export seafood products to the U.S. NMFS found 240 foreign fisheries did not comply with the regulations, which meant as of 1 January, 2026 products from those fisheries would be banned from entering the U.S. market.

Read the full article at SeafoodSource

US Wind asks federal court to deny Trump’s pending permit approval reversal

September 5, 2025 — Offshore wind developer US Wind has filed a cross claim against the Trump Administration in an ongoing legal battle over US Wind’s proposed project off the shores of Delmarva, according to court documents obtained by WBOC.

Filed on Sept. 3, US Wind’s cross claim against the federal government alleges the federal Bureau of Ocean Energy Management and the National Marine Fisheries Service are illegally seeking to vacate the Biden Administration’s previously approved permits that greenlit the US Wind offshore project.

As WBOC first reported, the Trump administration notified the US District Court in Delaware of its intention to withdraw federal approval of the permits on Aug. 22. Both the federal government and US Wind are listed as defendants in an ongoing lawsuit brought against them by Ocean City leaders, residents, businesses, and numerous other parties in an attempt to stop the offshore project. Because of their intent to reverse approval, the Trump Administration argues the lawsuit is about to be rendered moot.

Read the full article at WBOC

ALASKA: New rule could clear path to harm Cook Inlet’s endangered whales

August 19, 2025 — A new rule proposed to the National Oceanic and Atmospheric Administration (NOAA) and the National Marine Fisheries Service (NMFS) would allow companies working on the Alaska Liquefied Natural Gas (LNG) project in the Cook Inlet to “take” marine mammals.

The rule was proposed on July 29 by 8 Star Alaska, LLC, a subsidiary of Alaska Gasline Development Corporation (AGDC).

The proposed rule falls under the Marine Mammal Protection Act (MMAP) and would allow the company, over the next 5 years, to harass, hunt, capture or kill mammals by carving out acceptable ways of taking.

Currently, the taking of mammals is prohibited, unless a rule is proposed and directed in a specified area while engaged in a specific activity.

Read the full article at Alaska News Source

ALASKA: Indigenous leaders, scientists, and policy makers call for bold actions to address Yukon River salmon crisis

August 5, 2025 — Tribes should be allowed to harvest the same number of Yukon River chinook salmon that trawlers scoop up in the Bering Sea as bycatch, and an independent review is needed to better manage the salmon crisis on Alaska’s longest river. These are just two of the recommendations outlined in a recent policy brief that looks at near-term strategies for addressing the crisis on the Yukon.

Doug DeMaster, a retired biologist who spent nearly two decades with the top federal fisheries agency, the National Marine Fisheries Service (NMFS), co-authored the brief published in the journal Arctic, Antarctic, and Alpine Research (AAAR).

“What we tried to do in this brief is put together a document that identifies what’s needed, what’s wanted, and tries to do it in a way that’s easily amenable to Congress, and politicians, and both state and federal agencies,” DeMaster said.

The two-page document was assembled by a mix of tribal leaders, scientists, and policy makers. It boils down potential factors driving crashes for both chinook and chum salmon on the Yukon River. Among them: bycatch and ecosystem changes in the Bering Sea driven by the pollock fishery, warmer water temperatures, competition with hatchery salmon, the Area M intercept fishery, and increasing rates of parasitic infection in Yukon River chinook.

Read the full article at KYUK

Whale entanglement reports declined slightly in 2023, NMFS reports

July 29, 2025 — Entanglement in fishing gear or marine debris ensnared 64 large whales in U.S. waters during 2023, below the average annual number of cases in recent years but not yet a clear trend, the National Marine Fisheries Service reported.

The National Report on Large Whale Entanglements Confirmed in the United States in 2023 notes the 64 confirmed large whale entanglement cases nationally was less than 67 confirmed large whale entanglement cases in 2022.

“It is also below the average annual number of confirmed entanglements over the previous 16 years (which was 71.8),” according to a July 28 summary from the agency. “We will continue to analyze data from 2023 to understand whether this dip is temporary or part of a longer-term downward trend.”

Along with ship strikes, entanglements are a threat to individual whales and threatened or endangered species, such as the North Atlantic right whale with a population now estimated at only around 370 animals.

Reducing that danger to meet NMFS’ mandates  under the Marine Mammal Protection Act drives management actions on the East, Gulf and West coasts, including changes to fishing seasons, gear restrictions and efforts to develop and test so-called ropeless gear in fisheries.

According to a NMFS  breakdown of 2023 confirmed entanglement cases, 61 cases or 95 percent involved live animals, and three were whales found dead and floating when initially reported. The 2023 cases were lower than the average annual number of 71.8 confirmed entanglements from 2007–2022.

Four species of large whales were documented with 2023 entanglements in U.S. waters: humpback whales,  gray whales, minke whale and North Atlantic right whales.

Read the full article at the National Fisherman

Fishermen’s Case That Overturned Chevron Sees Agency Rule Upheld

July 17, 2025 — Atlantic herring fishermen failed to overturn a National Marine Fisheries Service rule requiring vessels to pay onboard compliance monitors’ costs in a case that joined Loper Bright v. Raimondo in rolling back agency deference at the US Supreme Court.

The US District Court for the District of Rhode Island upheld the agency’s interpretation of the Magnuson-Stevens Fisheries Act’s vessel observer requirements on Tuesday, offering an early indication of how much courts may exercise independent judgment in determining if the government conducted “reasoned decisionmaking.”

“Congress explicitly delegated discretionary authority,” to the NMFS to issue rules that the agency deems “necessary and appropriate for the conservation and management of the fishery,” and Judge William E. Smith ruled industry-funded monitoring fits within those parameters.

The Supreme Court included a discretionary delegation caveat in the Loper Bright decision last June, which overturned the longstanding Chevron doctrine requiring courts to defer to an agency’s reasonable interpretation of an ambiguous statute. The cases were remanded to their respective appeals courts, and the US Court of Appeals for the First Circuit sent this case back to district court.

Read the full article at Bloomberg Law

Court affirms split federal-state Cook Inlet salmon management system

July 14, 2025 — A federal judge has upheld the National Marine Fisheries Service’s new system to manage commercial harvests in federal waters of Cook Inlet, concluding that the agency has no obligation to extend that management to state waters.

The July 1 ruling by U.S. District Court Judge Sharon Gleason lets stand a split federal-state management regime for commercial salmon harvests in Cook Inlet, the marine waters by Alaska’s most heavily populated region.

The ruling is a win for the NMFS, an agency of the National Oceanic and Atmospheric Administration, and a loss for fishers who sought federal management of all Cook Inlet commercial salmon harvests because they were dissatisfied with state management.

NMFS had previously deferred all Cook Inlet commercial salmon harvest management to the Alaska Department of Fish and Game.

Read the full article at the Alaska Public Media

Federal judge upholds state control in Cook Inlet salmon fishery management dispute

July 7, 2025 — US District Judge Sharon Gleason has ruled in favor of the National Marine Fisheries Service, upholding Amendment 16 to the federal salmon fishery management plan and confirming the agency’s authority to regulate only federal waters in the Cook Inlet Exclusive Economic Zone.

The decision is a legal victory for the State of Alaska, preserving state jurisdiction over nearshore salmon fisheries and reinforcing the state’s role in sustainable resource management.

The ruling stems from a legal challenge to Amendment 16, which clarified NMFS’s decision to manage salmon fishing in federal waters — waters beyond three miles from shore. But the amendment did not grant authority over Alaska’s state waters.

The plaintiffs in the case — United Cook Inlet Drift Association and Cook Inlet Fishermen’s Fund — argued that the Magnuson-Stevens Fishery Conservation and Management Act required a unified approach across both federal and state jurisdictions to effectively manage salmon stocks. They also claimed NMFS’s actions violated the Administrative Procedure Act.

Read the full article at Must Read Alaska

US district court judge dismisses lawsuit brought against NMFS by Alaska set-net fishers

July 7, 2025 –A judge for the U.S. District Court for the District of Alaska has dismissed a lawsuit brought by the United Cook Inlet Drift Association and the Cook Inlet Fishermen’s Fund against the National Marine Fisheries Service (NMFS) over what the organizations claimed was violations of the Magnuson-Stevens Act (MSA).

The two organizations, which represent fishers in the Cook Inlet in the U.S. state of Alaska, have spent over a decade launching lawsuits against NMFS, with the latest complaint saying the action was intended to “get Federal Defendants to stop shirking their duty” on the Cook Inlet salmon fishery. Plaintiffs claimed the NMFS ignored statutory duties intended for the federal government and, instead, deferred to the state of Alaska.

Read the full article at SeafoodSource

Feds must decide on protections for Chinook salmon

June 30, 2025 — In a move environmentalists are hailing as an important victory for Chinook salmon conservation, the federal government has agreed to decide this year whether the fish warrants federal protections.

By Nov. 3, the National Marine Fisheries Service must decide whether so-called Oregon Coast and Southern Oregon and Northern California Coastal varieties of Chinook salmon warrant protections under the Endangered Species Act.

By Jan. 2 of next year, feds must do the same for Washington Coast spring-run Chinook salmon, according to a settlement agreement from Thursday.

The Center for Biological Diversity — joined by the Native Fish Society, Umpqua Watersheds, and Pacific Rivers — in February sued the service and two top officials after the service failed to issue 12-month findings on the groups’ petitions to list the fish.

Read the full article at Courthouse News Service