Saving Seafood

Court Rules NMFS Needs to Better Manage Anchovies, CA Wetfish Assoc. Pushes Back

September 9, 2020 — For the second time in two years, a federal court has ruled that National Marine Fisheries Service (NMFS) violated the nation’s fishery management law — the Magnuson Stevens Fishery Conservation and Management Act or MSA — by not using the ‘best available science’ in setting static catch limits on a widely fluctuating anchovy biomass. But an important industry group of harvesters and processors who are also involved in scientific research projects, take issue with the decision.

“Long story short, the judge ruled on a ‘what if’ worst case scenario, not on the reality of anchovy abundance now, or our little anchovy fishery, which food habits studies have shown take less than 1 percent of the anchovy consumed by predators,” said Diane Pleshner-Steele, the executive director of the California Wetfish Producers Association. The CWPA is also an intervenor-defendant in the suit.

Read the full story at Seafood News

‘Amazing’ halibut, one of the largest fish in the Gulf of Maine, are making a comeback

September 3, 2020 — Halibut are one of the largest fish in the Gulf of Maine, second only to bluefin tuna, swordfish and large sharks. Historically they were a mainstay of the fishing industry along with cod.

According to Julia Beaty in “A History of the Atlantic Halibut Fishery in Downeast Maine,” halibut were regularly discarded as a trash fish until the late 1800s when New Englanders began icing their catch and selling fresh fish instead of salting them. Schooners began leaving from New England ports to hunt these huge fish with gangs of baited hooks. This caused a massive overfishing and subsequent decline of their numbers by the early 1900s. The numbers declined so drastically in the late 19th century that they are just now rebounding.

The National Marine Fishery Service began regulating the halibut fishery in the 1990s and there is a one fish per trip per boat limit on catch. This has been a boon to their rebound.

This past spring while fishing for haddock my husband, David, caught four huge halibut. They ranged in size from 40 to 60 pounds. In the past, he has caught one or two a year which were large enough to be legal to keep. The current minimum size is 41 inches. My husband caught two halibut near Jeffrey’s ledge in the mid-1990s which weighed 120 to 140 pounds. These were the largest ones he has caught. The record halibut was caught in 1917 and weighed 700 pounds! Normally they range in size from a foot and a half to 6 feet and weigh a few pounds to 150 pounds. I have not found anything written in literature about this, but David has noticed a strange thing about halibut, they seem to swim in pairs. He has found that if he catches one halibut in an area, he can go back to the same spot the next day and almost always catch a second one.

Read the full story at SeaCoast Online

WASHINGTON: Navy, state clash over increased testing that could harm whales, marine life

September 2, 2020 — Navy and state leaders are at odds over a proposed rule for military testing in Puget Sound and coastal waters of Washington that allows the increased potential to harass and harm marine life, including the endangered and fragile Southern Resident orca population.

The Navy, in seeking approval from the National Marine Fisheries Service, is seeking to conduct testing and training involving a number of activities — firing torpedoes and projectiles, detonating bombs up to 1,000 pounds, using underwater sonar, piloting undersea drones and more. A proposed new rule would allow for the potential “take” — a term meaning “to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal” — of Southern Resident orcas from twice a year to up to 51 times, though federal officials say no conditions that could injure one of the 73 known remaining southern residents would be allowed.

On Friday, the state’s Department of Ecology pushed back with demands to constrict the Navy’s testing, including increasing the whale buffer zones to at least 1,000 yards and ceasing sonar exercises when orcas are spotted. The agency also asked for the Navy to use real-time whale alert systems like those used by the Washington State Ferries.

Read the full story at the Kitsap Sun

Agency Must Rebuild Atlantic Cod Stocks, Lawsuit Says

September 1, 2020 — The National Marine Fisheries Service is failing to develop a plan to rebuild Atlantic cod stocks that have been depleted by overfishing, according to a lawsuit filed in a Washington federal court.

The agency’s failure is arbitrary and capricious and violates the Magnuson-Stevens Fishery Conservation and Management Act, under which NMFS has a mandatory duty to rebuild fisheries as quickly as possible, according to the lawsuit filed in the U.S. District Court for the District of Columbia.

Read the full story at Bloomberg Law

Trump Eyes Aquaculture Boom, but Environmentalists Dig In

August 31, 2020 — President Donald Trump wants to dramatically expand aquaculture production in the United States, but a coalition of environmentalists believes his plan would be bad for the oceans, unnecessary for food security and difficult to implement.

Trump’s bid to grow fish farming is designed to address the so-called “seafood deficit,” which refers to the fact that nine-tenths of the seafood Americans eat comes from overseas. The seafood trade gap with other countries approached $17 billion in 2017, according to one federal government report.

The president issued an executive order in May that promised broad changes in how the U.S. regulates fish farming. It included provisions to expedite the development of offshore aquaculture in deep federal waters. That sector of the industry has yet to emerge in the U.S., where most aquaculture takes place near shore where farmers grow salmon, oysters and other popular seafood items.

The Trump administration and the aquaculture industry said the order, which is being implemented now, represents common sense steps to ease the burden of rules on fish farmers. But environmental groups said it threatens to increase pollution and over-development in the ocean at a time when many consumers aren’t buying seafood.

Read the full story at The New York Times

Judge refuses to shut down lobster industry

August 28, 2020 — Maine’s lobster industry last week got a bit of a break—two breaks, actually—with developments from Washington.

First, on August 19, Federal District Judge James Boasberg refused to shut down the lobster fishery as many feared he would. Environmentalists had asked him to do so while the National Marine Fisheries Service comes up with new rules to protect the endangered North Atlantic right whale.

Two days after the judge’s ruling, the Trump administration announced it had made a mini-trade deal with the European Union to remove tariffs on lobsters for the next five years.

“We’re on a roll,” said David Sullivan, representative for the Maine Lobstering Union, in a phone interview.

Paul Anderson, executive director of the Maine Center for Coastal Fisheries, said in an email those two developments were good news for lobstermen. They haven’t had much lately. The COVID-19 pandemic depressed lobster prices by shutting down restaurants, casinos and cruise ships.

“The overall market conditions for lobster are still in flux,” Anderson said. “But we’re still fishing, the shedders are now in the condition that they can be shipped, and domestic consumption and local processing are happening. The price is still low, but it ticked up a bit in Stonington this week.”

Read the full story at the Penobscot Bay Press

NMFS authorizes sea lion removals to save Columbia River salmon

August 28, 2020 — Up to 716 sea lions may be removed from a Columbia River management zone over the next five years to reduce the animals’ impact on salmon and steelhead populations, under a new federal authorization granted to states and tribes in the U.S. Northwest.

In 2018, the U.S. Congress amended the Marine Mammal Protection Act to allow removal of sea lions from a stretch of the Columbia River between the I-205 bridge on Portland’s east side and McNary Dam. The change also allowed for removing sea lions from Columbia River tributaries below the McNary Dam that are spawning habitat for threatened or endangered salmon and steelhead runs.

Read the full story at Seafood Source

NMFS plans for first federal offshore aquaculture zones

August 26, 2020 — Unfazed by a recent setback in federal appeals court, the National Marine Fisheries Service is moving ahead on planning “aquaculture opportunity areas” in federal waters off southern California and in the Gulf of Mexico.

Still in the very early stages, the planning process will evaluate the potential in those regions and map out what NMFS planners envision as clusters of three to five fish farming operations. The gulf and Pacific coast areas were selected “based on the already available spatial analysis data and current industry interest in developing sustainable aquaculture operations in the region,” according to agency officials.

“Naming these areas is a big step forward,” said NMFS administrator Chris Oliver in announcing the move toward implementing the Trump administration’s May executive order on promoting U.S. seafood industry development. “The creation of Aquaculture Opportunity Areas will foster the U.S. aquaculture industry as a needed complement to our wild capture fisheries. This type of proactive work creates opportunities for aquaculture farmers and maintains our commitment to environmental stewardship.”

The long-range plan calls for 10 development areas around the coasts that would support finfish, shellfish, seaweed and combinations of those maricultures. NMFS officials say they will “use scientific analysis and public engagement

Read the full story at National Fisherman

Habitats for endangered green sea turtles will be federally protected in Florida

August 25, 2020 — Endangered green sea turtles will have some of their nesting beaches in Florida protected by federal agencies under a new legal agreement with conservation groups.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service must designate protected critical habitats for  by June 30, 2023, the Center for Biological Diversity said in a statement this week.

The agencies will likely consider proposing protections for beaches where green turtles nest in Florida, Georgia, North Carolina and South Carolina, as well as offshore oceanic habitat in the Southeast and on the West Coast, according to the agreement. These critical habitats designations don’t prohibit development, but they require that any project that’s permitted by a federal agency must minimize harm to these special areas.

“We’re thrilled that these imperiled creatures will finally get the habitat protections required by the Endangered Species Act,” said Jaclyn Lopez, Florida director at the Center for Biological Diversity. “Green sea turtle recovery has come a long way, but the fight’s not over yet.”

Read the full story at PHYS.org

Judge won’t close offshore lobster area; grants NMFS more time for whale analysis

August 21, 2020 — A federal judge granted the National Marine Fisheries Service a May 31, 2021 deadline to produce new biological opinion on the Northeast lobster fishery and northern right whale, following up on his earlier ruling that the agency had violated the Endangered Species Act with a 2014 opinion.

But in his new decision issued Monday, U.S. District Court Judge James E. Boasberg granted NMFS the nine-month grace period it had requested, rather than a Jan. 31, 2021 deadline sought by environmental groups that had sued the agency.

Boasberg also decided against ordering an immediate halt to the use of vertical lines for lobster gear in an area traversed by right whales south of Martha’s Vineyard and Nantucket – a ‘Southern New England Restricted Area,’ about the size of Connecticut, proposed by plaintiffs including the Center for Biological Diversity and Conservation Law Foundation.

In a 31-page memorandum of opinion, the District of Columbia judge laid out his reasoning, and recognized the difficulties NMFS faces in resolving the right whale issues. But he included a stern warning to the agency and to make progress.

Read the full story at National Fisherman