Saving Seafood

Conservationists sue feds to protect Pacific Northwest salmon populations

February 19, 2025 — Conservation groups filed a lawsuit Tuesday morning against the National Marine Fisheries Service for missing its deadline to determine if spring-run Chinook salmon in Oregon, Washington, and Northern California warranted protection under the Endangered Species Act. The organizations behind the lawsuit seek a court order to compel the Fisheries Service to issue a finding within a suitable time frame.

“These iconic fish are at risk of disappearing from our coastal rivers forever if the Service doesn’t act quickly,” Jeremiah Scanlan, a legal fellow at the Center for Biological Diversity, said. “Spring-run Chinook salmon badly need protections, but instead, the agency has taken the lazy river approach and drifted past its own deadlines.”

The Center for Biological Diversity, Native Fish Society, Umpqua Watersheds, and Pacific Rivers claim the Fisheries Service violated federal law when it failed to issue a timely finding within 12 months of their petition asking for three Chinook salmon populations to be listed as “threatened” or “endangered” — the Oregon Coast Chinook salmon, the Southern Oregon and Northern California Coastal Chinook salmon, and the Washington Coast spring-run Chinook salmon.

“The agency’s failure to meet the deadlines delays crucial, lifesaving protections for these species, increasing their risk of extinction,” the groups said in their lawsuit.

Chinook salmon, also known as “king salmon,” are the largest of all Pacific salmon species. Although the fish were once abundant in the river basins of the Pacific Northwest, their populations have declined sharply in recent years and are now only a fraction of their historical size.

Read the full article at Courthouse News Service

NEW HAMPSHIRE: NH looking for candidates to serve on fishing council

January 17, 2025 — The State of New Hampshire has been notified by the National Marine Fisheries Service of a vacancy for New Hampshire’s obligatory seat on the New England Fishery Management Council (NEFMC). NEFMC is one of eight regional councils in the United States established by federal regulation in 1976. It is charged with conserving and managing fishery resources from 3 to 200 miles off the coasts of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut.

To assist in filling this vacancy, the New Hampshire Fish and Game Department’s Marine Fisheries Division will host a candidates’ interview night on Monday, February 10, 2025, at 6:00 p.m. at the Urban Forestry Center in Portsmouth, NH. Potential candidates should be prepared to present their qualifications at this session. Interested candidates should contact Cheri Patterson, Chief of Marine Fisheries for the New Hampshire Fish and Game Department, at (603) 868-1095 in advance of the meeting.

Read the full article at National Fisherman

Judge dismisses lawsuit that opposed halibut bycatch regulations

November 25, 2024 — In a recent decision, the United States District Court in Alaska ruled against a Seattle-based fishing trade group, Groundfish Forum, which challenged new federal rules affecting new limits on halibut bycatch in the Bering Sea and Aleutian Islands.

The National Marine Fisheries Service developed the regulations after a 2021 recommendation by the North Pacific Fisheries Management Council to limit bycatch from the groundfish fleet. Proponents say the limits protect halibut populations from the trawl group, which accounts for more than half of the halibut bycatch in the area.

Groundfish Forum, which represents a group of large trawl catcher-processors, filed a suit to stop those limits. They said the rules change the way halibut bycatch is managed, tying the cap to the abundance of halibut in the area: when halibut populations are high, the cap stays steady. But if populations dip, the cap goes down, by as much as 35%.

The fishing group said this puts an unfair burden on their sector, while other fisheries in the region aren’t facing the same constraints. They also said the proposed cap is unrealistic because it’s too strict to implement, which they claim violates conservation laws.

Read the full article at KUCB

‘A post-Chevron world’: DC Circuit wrestles with agency authority in fishing boat spat

November 5, 2024 — A D.C. Circuit panel grappled Monday with the fallout from the Supreme Court’s recent decision to overturn a longstanding legal doctrine which allowed federal judges to defer to a government agency’s interpretation of a challenged statue.

The high court ruled 6-3 in Loper Bright Enterprises v. Raimondo that the doctrine, known as Chevron deference, should be overturned and that federal judges themselves should instead “exercise their independent judgment” when an agency oversteps its authority.

That case was originally argued before the D.C. Circuit in 2021, the appellate circuit that deals the most with challenges against federal agencies such as the Environmental Protection Agency and, in this case, the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service.

In its decision to overturn Chevron, the high court remanded the case to the three-judge panel to reassess claims by a coalition of fishing companies that the government was wrong to require they pay the wages of independent “at-sea monitors.”

Read the full article at Courthouse News Service

Too much cyanide in Puget Sound? EPA to review state regulations

October 16, 2024 — Federal officials have agreed to take another look at how Washington state regulates a deadly poison — cyanide.

The lethal substance is often used to make metals, plastics, dyes, and pesticides and to extract gold and silver from mineral ores.

The concern is that legal levels of cyanide winding up in Washington waters may be harming wildlife, including orcas and other endangered species.

In 2010, National Marine Fisheries Service biologists concluded that concentrations of cyanide allowed under existing regulations were enough to kill salmon and sturgeon in large numbers and would reduce the prey base for endangered killer whales.

Read the full article at KUOW

Fishing communities call on Biden-Harris Administration to update National Standard guidelines

October 15, 2024 — We have a simple message: it’s time for the Biden-Harris Administration to update the National Standard 4, 8, and 9 guidelines. The next step is to publish the Proposed Rule developed by the National Marine Fisheries Service (NMFS) to update the guidelines. The Administration should move this forward as soon as possible.

Across the country, fishermen are grappling with shifting stocks, collapsing markets, and vanishing opportunity. It’s not all doom and gloom, but there’s plenty of both to be found walking the docks in 2024. What we see on the water and in our communities makes clear that the ways federal fishery management allocates access to resources, treats communities, and stops bycatch in one fishery from impacting another must be modernized.

To build climate resilience and ensure that coastal communities maintain access to their local fisheries, action is needed now. As a recent study from the Government Accountability Office (the leading federal watchdog) points out, there’s a serious need to build in measurable goals and objectives for bycatch accountability, with enforceable timelines for their achievement. And as we have emphasized to NMFS, updating the National Standard guidelines represents a key opportunity for substantial progress. Congress has explicitly authorized NMFS to make these updates, and the agency must take the opportunity.

Read the full article at National Fisherman

US fishery management council’s structure is unconstitutional, court rules

September 26, 2024 —   A divided federal appeals court on Wednesday stripped a regional fishery management council of its ability to block the U.S. Secretary of Commerce from taking actions to manage fisheries that the panel does not support, after finding the council’s members were unconstitutionally appointed.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals on 2-1 vote sided with two commercial fishermen who had sued after Mid-Atlantic Fishery Management Council amended a fishery-management plan to lower how much scup, summer flounder and black sea bass could be caught in their region.

The fishermen, Raymond Lofstad and Gus Lovgren, challenged the constitutionality of the structure of the body, one of eight regional councils nationally tasked with developing fishery management plans, in their lawsuit. They are being represented by the libertarian Pacific Legal Foundation in their lawsuit.

That 21-member council oversees the waters from New York down through Virginia. Seven of its members are appointed by state governors and 13 are appointed by the commerce secretary and the regional director of the National Marine Fisheries Service.

Read the full article at Reuters

Top oil trade group warns court order could shut down Gulf of Mexico production

September 10, 2024 — The American Petroleum Institute, the largest oil trade group in the United States, is warning that a court order issued last month could shut down all oil and gas drilling in the Gulf of Mexico.

The oil industry group sent a letter to Commerce Secretary Gina Raimondo on Friday, saying that the decision issued by the U.S. District Court for the District of Maryland could put the country’s “economic security in jeopardy.”

It comes just weeks after the district court ruled in favor of a number of environmental groups that filed a lawsuit after the National Marine Fisheries Service issued its 2020 Biological Opinion on offshore oil and natural gas production in the Gulf of Mexico.

Read the full article at The Washington Examiner

CAPE WIND; Fishermen blast feds over turbines

July 29, 2024 — Fishermen are blasting the feds for suggesting they don ’t care about the ocean ecosystem and have no interest in the protection of the endangered North Atlantic right whales.

The claim came during a hearing yesterday in Boston federal appeals court as two fishing groups look to toss Vineyard Wind’s underlying permit, arguing regulators failed to analyze how the project would impact the environment and fishermen.

The alliance, as a trade association representing the fishing industry, does not have any interest in protecting right whales,” said attorney Thekla Hansen-Young, representing the Department of the Interior, the National Marine Fisheries Service, among other federal agencies, in the dispute.

Hansen-Young was referring to the Responsible Offshore Development Alliance, one of the groups fighting the feds and Vineyard Wind. Seafreeze Shoreside Inc. is the other.

Annie Hawkins, the coalition’s executive director, shot back at Hansen-Young’s “repugnant” assertions after the hearing in which judges took no action.

“We take extreme offense to the government’s claim that our fishermen members have even less environmental interest in our oceans than recreational hobbyists because fishermen just want to ‘kill’ fish,” Hawkins said. “This statement erases generations of history, tradition, and knowledge.”

“Fishermen are faithful stewards of the ocean because their relationship with the sea forms the very fabric of coastal culture, supports their businesses, jobs, and communities,” she added. “The government’s repugnant position reveals a hostility to our iconic industry that is sadly common in its dealings with us.”

Hawkins’ alliance challenged the $4 billion Vineyard Wind project in January 2022 before the case waded through the courts, and U.S. District Judge Inditra Talwani dismissed the suit last October.

Responsible Offshore Development Alliance and Seafreeze Shoreside claimed the 62-turbine, 806-megawatt wind farm would harm fishermen and the North Atlantic right whale.

The National Marine Fisheries Service determined that Vineyard Wind was“not likely to jeopardize the continued existence” of right whales and other endangered species  an opinion they maintained in 2020 and 2021.

Read the full article at the Boston Herald

Ninth Circuit unsure of court’s efficacy in Alaska killer whale conservation case

July 19, 2024 — The Ninth Circuit Court of Appeals is weighing how effective its opinion will be in a lawsuit over how Chinook salmon fishing affects Southern Resident killer whales — and judges on Thursday wondered whether the effort would be rendered moot by a pending government agency action.

The Wild Fish Conservancy sued the National Marine Fisheries Service in 2020, accusing the agency of violating the Endangered Species Act and the National Environmental Policy Act in its 2019 Southeast Alaska Biological Opinion and incidental take statement by bypassing public notice and opportunity to comment on the actions.

Alaska and the Alaska Trollers Association, a representative of the commercial fishing industry in the state, intervened as codefendants.

Chinook salmon are the primary food source for Southern Resident killer whales, which were placed on the endangered species list in 2005.

U.S. District Judge Richard Jones remanded the biological opinion and vacated the portions of it that authorized commercial harvest of Chinook salmon during winter and summer seasons. The ruling would have prevented Southeast Alaskan trollers from fishing for Chinook salmon, but the Ninth Circuit issued a stay, allowing commercial fisheries to continue harvest while the parties appealed.

Read the full article at Courthouse News Service