Saving Seafood

Federal appellate court upholds NOAA Fisheries’ definition of bycatch

April 18, 2019 — A panel of federal appellate judges has upheld a lower court’s decision that ruled on NOAA Fisheries’ method for assessing bycatch in New England fisheries.

The ruling, which was announced on Friday, 12 April, in the District of Columbia chambers of the U.S. Circuit Court of Appeals, allows NOAA Fisheries to use statistical sampling to determine the amount of bycatch. It stems from a 2011 court case where judges ruled the agency did not establish methodology standards to assess the number of other species caught and discarded when harvesting selected fish.

In both instances, environmental group Oceana pursued the lawsuit.

After that decision, NOAA Fisheries decided to utilize human observers on vessels. In most cases, the observers were trained biologists who reported on a vessel’s harvest. However, since it was too expensive to place an observer on every vessel, the agency created a statistical formula that allocated the observers in a fashion that reduced bias. This enabled NOAA Fisheries officials to build fishery-wide assessments based the observers’ findings.

Oceana filed the subsequent suit in July 2015 and argued that the sampling method implemented violated the Magnuson-Stevens Act. In addition, it claimed that observers were only counting the bycatch of species under management plans within the agency.

Read the full story at Seafood Source

Atlantic Herring Framework 6: NEFMC Discusses 2019-2021 Specs, Overfishing Definition

April 18, 2019 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council has approved the range of alternatives for Framework Adjustment 6 to the Atlantic Herring Fishery Management Plan, which contains 2019-2021 specifications for the fishery and a new overfishing definition for Atlantic herring. The Council is expected to take final action on the framework during its June meeting with the goal of having updated 2020 specifications in place by the start of the new fishing year.

Key Factors Related to Framework 6

Here are three important points to be aware of with this framework:

  1. Fishing year 2019 specifications are in place already. The National Marine Fisheries Service (NMFS/NOAA Fisheries) implemented an inseason adjustment at the request of the Council to ensure that appropriate catch limits were in affect for the current fishing year in a timely manner to prevent overfishing. These existing 2019 specifications will be included in the 2019- 2021 package without revisions.
  2. The primary focus of Framework 6 will be: (a) 2020 specifications; and (b) the updated overfishing definition.
  3. The framework will include 2021 specifications, but these numbers likely will be revised in a subsequent action to reflect the results of the next stock assessment, which now is scheduled for spring 2020. At that time, the 2018 Atlantic Herring Benchmark Stock Assessment will be updated to incorporate 2018 and 2019 resource survey and fishery catch data.

Read the full release here

New Fishing Rights in Gulf of Maine Upheld by Judge

April 17, 2019 — A federal judge upheld a rule Monday that opens up a portion of the western Gulf of Maine to commercial and recreational fishing for the first time.

The Conservation Law Foundation had challenged the rule last year, claiming the National Marine Fisheries Service wrongly prioritized economic considerations over its conservation duty when it reduced the protected area in that portion of the Gulf by about 25%.

While the rule offered habitat protection in the eastern Gulf of Maine for the first time, the conservation group said the agency and the New England Regional Council should have closed more of the Gulf to fishing.

U.S. District Judge James Boasberg found Monday, however, that the rule passes muster.

Read the full story at Courthouse News Service 

Council Adopts 2019 West Coast Salmon Seasons

April 16, 2019 — The following was released by the Pacific Fishery Management Council:

The Pacific Fishery Management Council adopted ocean salmon season recommendations that provide recreational and commercial opportunities for most of the Pacific coast, and achieve conservation goals for the numerous individual salmon stocks on the West Coast. North of Cape Falcon, a large increase in hatchery coho over last year will provide a welcome increase in both recreational and commercial fishing opportunities.

Season recommendations will be forwarded to the National Marine Fisheries Service (NMFS) for approval. “Although some salmon stocks are returning in stronger numbers than last year, balancing fishing opportunities with conservation is always a challenge for the Council, its advisors, fishery stakeholders, and the public,” said Council Executive Director Chuck Tracy. “The seasons this year continue to protect stocks of concern, including Puget Sound Chinook, Washington natural coho, and Sacramento River fall Chinook.”

In addition to recommending salmon regulations for 2019, the Council developed a plan to work collaboratively with NMFS on Southern Resident killer whales, which are listed under the Endangered Species Act.

“This year’s package was adopted after careful consideration and analysis in order to meet our conservation objectives, consider impacts on the prey base important to Southern Resident killer whales, and consider in-river and Puget Sound fisheries,” said Council Chair Phil Anderson.“The Council also established a workgroup that will be working closely with National Marine Fisheries Service to assess on a longer term basis the ocean salmon fisheries effect to the prey base of Southern Resident killer whales,” Anderson said.

Read the full release here

Feds Agree to Expand Habitat Protections for Northwest Orcas

April 16, 2019 — The federal government says that by October it will propose expanded habitat protections off Washington, Oregon and California for Pacific Northwest orcas.

The announcement comes in response to a lawsuit filed by the Arizona-based Center for Biological Diversity, which sued in 2018 to make officials move more quickly to protect the endangered orcas.

The whales spend their summers in the waters between Washington state and Canada, but about two-thirds of the year they migrate and forage for salmon off the West Coast. The conservation group said the National Marine Fisheries Service had been dragging its feet in designating “critical habitat” for the whales in those foraging and migration areas.

Read the full story from the Associated Press at U.S. News

Rebounding Populations and New Flexibility Boost Catches by West Coast Groundfish Fleet

April 16, 2019 — The following was released by NOAA Fisheries:

A trial effort that gave West Coast trawl fishermen new flexibility in how they fish helped them take advantage of rebounding rockfish numbers to catch almost 14 million pounds of fish in 2018 while still protecting salmon and other species.

The additional catches brought about $5.5 million in additional revenue to West Coast communities, according to NOAA Fisheries’ estimates.

The initiative made use of exempted fishing permits, or EFPs, which allow NOAA Fisheries to temporarily exempt certain vessels from certain fishing restrictions to test new fishing gear or methods. The trial period also helps NOAA Fisheries determine whether to adopt these changes on a larger scale and create new regulations based on the results.

“We were eager for groundfish vessels to take advantage of healthy stocks and high quotas as quickly as possible while being sensitive to the need to minimize interactions with salmon and other protected species,” said Lori Steele, executive director of the West Coast Seafood Processors Association, which joined other industry groups in proposing the pilot effort. “NOAA Fisheries stepped up and helped us design this EFP to provide fishing opportunities and collect important information the agency needed.”

Read the full release here

New Turtle Limits Recommend to Re-Open Swordfish Fishery

April 16, 2019 — The following was released by the Western Pacific Regional Fishery Management Council:

Federal fishery managers on Friday concluded its nearly year-long effort to provide relief to the Hawai’i-based shallow-set longline fishery for swordfish. The Western Pacific Regional Fishery Management Council at its 177th Meeting held on April 12, 2019, recommended revised fleet-wide sea turtle interaction limits along with new individual trip-based interaction limits. A recent draft Biological Opinion (BiOp) developed by the National Marine Fisheries Service (NMFS) provided managers with a basis for a new limit for loggerhead and leatherback turtle interactions, potentially allowing the fishery to be re-opened this year. The fishery closed this year on March 19 due to interactions with 17 loggerhead turtles, all of which were released alive.

Every vessel for every trip of the Hawai’i-based shallow-set longline fishery has a federal observer that ensures accurate monitoring of interactions with protected species. The North Pacific loggerhead population is growing annually at 2.4 percent, but a court settlement in May 2018 reduced the fishery’s allowable interaction with the species from 34 to 17. The cap of 17 may be modified when NMFS finalizes the new BiOp for the fishery and issues new regulations based on the Council’s recommendations.

In June 2018, the Council recommended annual limits of North Pacific loggerhead and leatherback turtle interactions consistent with what was set forth in the upcoming BiOp. The draft BiOp released on March 28, 2019, requires NMFS to set an annual limit of 36 loggerhead turtles and 16 leatherback turtles for this fishery. The Council recommended these limits to be implemented under regulations for the Council’s Pacific Pelagic Fishery Ecosystem Plan (FEP) and further recommended that the existing turtle interactions occurring from January 1 to March 19, 2019, apply toward the new limits, essentially allowing the fishery to re-open.

The Council maintained its June 2018 recommendation to implement an individual trip limit of five loggerhead turtles, and additionally recommended a trip limit of two leatherback turtles. If a vessel reaches either of the limits during a fishing trip, the vessel must return to port but would be allowed to target swordfish again on the next trip. The Council’s recommendation was in contrast to annual vessel-based limits of six loggerhead turtles and two leatherback turtles that NMFS is proposing in the draft BiOp, which would prohibit vessels from targeting swordfish for the remainder of the year if they reached their individual limit. The Council found that this measure would create undue economic hardship to the fishery while providing little additional turtle conservation benefit.

Roger Dang, whose family has fished with longline vessels out of Hawai’i for more than 30 years, criticized the vessel limit proposed in draft BiOp. “This is not the solution,” he said. A vessel limit of two leatherback interactions would deter vessels from entering the shallow-set fishery to target swordfish and thus diminish the fleet’s ability to provide swordfish for the US domestic market, he explained. “Ecuador in the last year, from 2017 to 2018, increased its production by almost 100 percent, Costa Rica 80 percent, and they’re both bigger fisheries than the Hawai’i product,” Dang added. “The majority of the swordfish product in the US right now is the South American product.”

“The Council’s recommendation today, although highly restrictive on the fleet, will allow Hawai’i vessels to continue supplying fresh, highly monitored swordfish while supporting industry-led solutions to addressing rare sea turtle interactions in the fishery,” said Eric Kingma, executive director of the Hawai’i Longline Association.

Dean Sensui, the Council’s Hawai’i vice chair, added “The actions taken by the Council today ensures that Hawai’i’s fishermen continue to provide fresh sustainable seafood to the community and at the same time adds additional protection for sea turtles in the Western Pacific.”

The Hawai’i shallow-set longline fishery operates in waters North of Hawai’i and catches swordfish that is sold both in Hawai’i and the US Mainland. It produces approximately half of the US domestic swordfish.

For the agenda and background materials on the meeting, go to www.wpcouncil.org or contact the Council at info.wpcouncil@noaa.gov or (808) 522-8220.

The Council was established by Congress in 1976 and has authority over fisheries seaward of state waters of Hawai’i, Guam, American Samoa, the CNMI and the Pacific remote islands. Recommendations that are regulatory in nature are transmitted to the Secretary of Commerce for approval and then implemented by NMFS and enforced by NMFS and the US Coast Guard.

DC Circuit Sinks Challenge to Fishing Bycatch Rule

April 15, 2019 — The D.C. Circuit on Friday upheld the government’s method of counting fish and other sea life that are unintentionally swept up in commercial fishing nets.

Fishing boats often throw back this unwanted haul, known as bycatch, but the creatures often do not survive the ordeal. Concerned about the impact to the undersea habitat, Congress has required the National Marine Fisheries Service to develop a way of counting bycatch.

The NMFS changed its method for counting bycatch in 2015, after a court struck down an earlier change because it included a provision that allowed the government to go around the normal method if it had a budget shortfall. Because the agency controlled the amount of money that went towards counting bycatch, the D.C. Circuit held the policy was not the standardized method Congress had called for.

Read the full story at Courthouse News Service

Tuna Fishermen Say Agencies Rejected Input on New Rules

April 12, 2019 — Representing large net-fishing vessels in the Pacific Ocean, the American Tunaboat Association filed a lawsuit Wednesday claiming government fishery regulators left industry experts in the dark about a forthcoming biological opinion that could limit commercial tuna operations.

The complaint, filed by Baker Botts attorney Megan Berge in Washington, D.C., federal court, names as defendants Commerce Secretary Wilbur Ross, the National Oceanic and Atmospheric Association and the National Marine Fisheries Service, or NMFS.

According to the lawsuit, NMFS is preparing a biological opinion that could impose new permit requirements and limits on tuna fishery operations in the western and central Pacific Ocean, and the American Tunaboat Association says it was denied the ability to provide input during an informal phase of the assessment process.

The fishing advocacy group claims the NMFS violated the Administrative Procedure Act by not allowing it to review any drafts or provide first-hand, expert recommendations for the developing opinion that could directly impact its members.

Read the full story at the Courthouse News Service

Marine Mammals of Maine Founder Lynda Doughty Honored at Stranding Network Banquet

April 12, 2019 — The following was released by NOAA Fisheries:

Lynda Doughty of Marine Mammals of Maine was honored on Wednesday, April 10 by NOAA Fisheries Greater Atlantic Region Marine Mammal and Sea Turtle Stranding Programs with its David St. Aubin Award of Excellence for work with stranded seals during an Unusual Mortality Event that began in July 2018.

From July to September, Lynda and her team responded to more than 800 live and dead seals along southern and midcoast Maine, and continue to closely monitor local populations for further evidence of Phocine Distemper Virus.

Read the full story at NOAA