Saving Seafood

Federal court upholds ruling in anchovy catch-limit lawsuit

January 22, 2019 — A federal judge in California on Friday, 22 January, upheld her decision from last year that claimed NOAA Fisheries did not follow the law when it set the catch limit on an anchovy stock in the state.

The ruling from U.S. District Judge Lucy Koh means the agency will need to set a new limit on the central population of northern anchovy. Environmental advocates argued federal officials kept that figure stationary since 2000 and used nearly 30-year-old data in setting it.

“This decision holds [NOAA Fisheries] to fundamental standards intended by Congress, which require the government to sustainably manage our nation’s fisheries for the benefit of both fishermen and dependent species,” said Mariel Combs, an Oceana attorney in a press release.

Oceana filed the suit in November 2016, a month after NOAA Fisheries maintained the 25,000 metric ton (MT) limit. The environmental organization, represented by Earthjustice is the suit, argued that the catch limit was based on a 1991 study that reported a biomass of more than 700,000 metric tons.

Diane Pleschner-Steele, executive director for the California Wetfish Producers Association, told SeafoodSource she was disappointed in Koh’s ruling. She added, however, that the judge did not set a catch limit and ruled that the agency needs to use the best scientific data available to set its limits.

“In any case, there is general agreement, even from Oceana, that the anchovy population has exploded and available data now find the biomass at historic levels,” Steele said.

Steele also noted that members of the Pacific Fishery Management Council management team will be meeting soon to discuss the next steps in wake of the ruling.

Read the full story at Seafood Source

Judge: NMFS must rewrite anchovy catch rule

January 22, 2019 — Federal fishing regulators have until April 16 to rewrite a rule that sets annual catch limits (ACL) for commercial fishing of anchovy in federal waters off the northern coast of California, a judge has ruled.

The Jan. 18 order from federal judge Lucy Koh enforces a judgment in a lawsuit brought in 2016 by the environmental activist group Oceana against the National Marine Fisheries Service (NMFS).

Oceana’s lawsuit questioned the science that NMFS relied on in reaching a 2016 decision to set the ACL for northern California anchovy at 25,000 metric tons. The agency set that limit — even though landings typically only total less than a third of that, 7,300t — judging the stock’s maximum sustainable yield to be 123,000t, and calculating an acceptable biological catch of 100,000t. The ACL was set, conservatively, the agency said, at a fourth of that level.

Speaking to Undercurrent in June 2018 about the ruling, Diane Pleschner-Steele, the executive director of the California Wetfish Producers Association, disagreed with the biomass estimates, but because the harvesters her group works with are seeing more anchovies, not fewer.

Pleschner-Steele said that her group worked in 2017 with the California Department of Fish and Wildlife to perform an aerial survey of anchovy stocks.

“The department’s plane flew along the coast inside the area that the NOAA acoustic trawl survey was transecting at the same time, and our spotter pilot estimated tonnage of the schools he observed,” she wrote.   “We documented tens of thousands of tons of coastal pelagic species — both sardine and anchovy —  that the NOAA cruise did not see or factor into its assessment because they survey largely offshore and don’t come into nearshore waters.   This is now recognized as a problem, and we’re hopeful that we can improve stock assessments over time.”

Read the full story at Undercurrent News

Red snapper study to include $250 tags on fish

January 21, 2019 — When the red snapper season begins this summer in the Gulf of Mexico, some fish will carry $250 and even $500 worth of tags, as part of a study to estimate just how many of the popular sport and table fish live in the Gulf. The fish can be released as long as the tags are snipped off.

Scientists plan to tag 3,000 to 5,000 red snapper during April and May, said Greg Stunz of Texas A&M University-Corpus Christi, who is leading a team of 21 scientists from the five Gulf states and Virginia. He said some will use university research boats, but others will go out with anglers, charter captains and commercial boats – and researchers hope to get tags back from all three fishing groups.

Each tag will be worth $250. Some fish will carry two tags, to help scientists learn how many of the tags fall out. Those are the potential $500 fish. The tubular tags are about 4 to 5 inches (10 to 13 centimeters) long but only a couple of millimeters wide, Stuntz said, making them easy to snip off at the bottom.

Each has a yellow plastic insert bearing a five-digit tag number starting with the letters RS, and the words “Reward $250. Keep tag” and a phone number to call.

Read the full story at the Associated Press

Shrimp enters SIMP with “informed compliance” period

January 21, 2019 — As shrimp’s inclusion into a federal government program to monitor seafood imports begins its fourth week, companies affected by the program say it’s been business as usual for them.

On 31 December, NOAA Fisheries along with Customs and Border Protection officials started an informed compliance period for shrimp importers participating in the Seafood Import Monitoring Program. SIMP requires importers keep chain of custody data for products entering the United States. It also requires the shipments to come with harvest and landing data to ensure the products are properly labeled.

According to the NOAA Fisheries website, imported shrimp entries will be inspected and audited, but they will not be rejected through 1 March if the mandatory data is missing. The website adds that the “informed compliance” period allows shrimp processors and importers time to work through any accidental errors in their recordkeeping.

After 1 March, any entries without the required data will be rejected.

The 31 December start date was announced in a Federal Register publication last April. While there is a limited shutdown of the federal government currently, R.L. Visconti, an import broker, told SeafoodSource imports still need to comply with the guidelines.

Jeff Stern, vice president of purchasing for Censea, a major U.S. shrimp importer, said at the Global Seafood Market Conference on 16 January that all of his company’s shrimp entries are being processed as normal.

Read the full story at Seafood Source

NOAA brings back inspectors to get Alaska cod, pollock boats on water

January 21, 2019 — The National Oceanic and Atmospheric Administration (NOAA) this month brought federal inspectors back from furlough to certify cod and pollock fishing boats in the Bering Sea off the coast of Alaska, but has yet to bring back personnel necessary to free up boats for harvesting in New England, the Washington Post reports.

As the US federal government’s shutdown rolls into its record-setting fourth week, some constituencies have managed to obtain relief, while others remain shut out, according to the newspaper.

Count Alaska’s congressional delegation among those with apparently enough influence or luck.

As an Alaska radio station reported late last month how NOAA’s National Marine Fisheries Service (NMFS) wasn’t able to do the required inspections of scales for weighing fish on boats or monitoring equipment. Without the inspections, harvesters in their state would not have been able to catch cod starting on Jan. 1 or pollock beginning on Jan. 20.

Read the full story at Undercurrent News

As many industries get shutdown relief, those without political clout feel left behind

January 21, 2019 — In the chaotic landscape of the partial federal shutdown, some constituencies have gotten speedy relief and attention from federal officials — while others are still trying to get in the door.

In some cases, even players within the same industry find themselves in starkly different predicaments.

When the shutdown began, members of Alaska’s congressional delegation said they made it clear that it was imperative that the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service keep enough managers on the job. Without the inspections the NOAA staff perform, boat operators would not be able to head out to the Bering Sea to catch cod starting Jan. 1 and pollock beginning on Jan. 20.

Chris Oliver, NOAA assistant administrator for the National Marine Fisheries Service — an Alaskan himself — tapped funds the agency had collected from industry to keep some employees at work over the past month and brought at least a couple back from furlough this month, according to several individuals briefed on the matter.

Sen. Dan Sullivan (R-Alaska) credited Oliver’s “outstanding work” for keeping the fisheries in business.

“Since holiday break, my office and I have worked and been in direct communication with a number of Commerce Department officials to ensure that federal fisheries in Alaska opened on time and fishermen were able to gain the necessary approvals and inspections to get out on the water,” Sullivan said in a statement. “This approach is vastly different from the 2013 government shutdown, which delayed Alaska’s lucrative and iconic crab fishery, and the agency’s efforts at mitigating impacts from the lapse in funding should be commended.”

But some fishing operators on the East Coast have yet to receive similar help — leaving their vessels grounded.

John Lees, managing partner of the scallop fishing vessel Madison Kate in New Bedford, Mass., said he was in the final stages of getting NOAA officials to transfer his federal permit from his old boat to his new one last month when the agency closed. Under federal rules, he has until March 31 to catch 134,000 pounds of scallops under certain conditions.

If he cannot sail, he said, he and his crew stand to lose $1.5 million worth of seafood.

“All we’re looking for now is for NOAA to just assign a number. That’s it,” Lees said in an interview, adding that he is working to reach agency officials amid the short staffing and that his assigned quota could now be out of reach. “It’s possible that we won’t be able to do it.”

NOAA spokeswoman Julie Roberts said in an email that agency staffers were working on key matters, despite the shutdown.

“NOAA continues to conduct enforcement activities for the protection of marine fisheries including quota monitoring, observer activities, and regulatory actions to prevent overfishing,” she said. “This is not specific to Alaska.”

Read the full story at The Washington Post

Environmental groups raise concerns over state of New England groundfish fishery

January 17, 2019 — Two environmental organizations have requested a meeting with federal officials this month over the concerns they have about groundfish stocks in New England.

Representatives from the Conservation Law Foundation and the Environmental Defense Fund sent a letter last month to Timothy Gallaudet, the assistant secretary for oceans and atmosphere in the U.S. Commerce Department, and Chris Oliver, NOAA Fisheries’ assistant administrator. The groups called for the meeting to take place before the next full meeting of the New England Fishery Management Council, which starts on 29 January in Portsmouth, New Hampshire.

While the groups claim NOAA Fisheries is rebuilding domestic fish stocks across the country, they criticize the government for failing to properly monitor Atlantic cod, flounders, and other groundfish in the northeastern United States.

“NOAA Fisheries and the Council have consistently failed to prevent overfishing on some of these stocks since ‘overfishing’ metrics were first approved in 1989,” the letter states. “If there isn’t a radical change in management direction, the prospect of these stocks ever rebuilding remains tenuous at best.”

The groups also take federal officials to task for not having good data available. They claim the Atlantic cod stock is overfished to the point of a potential collapse, and they also say, citing government reports, that fishermen also discard tons of cod without it being officially reported by onboard observers.

Read the full story at Seafood Source

SAFMC Prepared for the Modern Fish Act of 2018

January 17, 2019 — The following was released by the South Atlantic Fishery Management Council:

The Modernizing Recreational Fisheries Management Act of 2018 (Modern Fish Act), which aims to provide more stability and access to recreational anglers, was signed into law by the President on December 31, 2018. The Act includes improving recreational data collection (through avenues such as smart phone apps), allowing additional management tools that are more appropriate for recreational fishing, and requiring studies of allocations in the South Atlantic/Gulf of Mexico mixed-use fisheries and limited access programs in mixed-use fisheries for all Councils except the Pacific and North Pacific Councils.

The Modern Fish Act affects federally-managed fisheries governed by the eight regional fishery management councils in the U.S. Initially established by the Magnuson-Stevens Act in 1976, the Councils, working with NOAA Fisheries and the Department of Commerce, have led the way in establishing fisheries management processes followed around the world today. Approval of the Modern Fish Act was celebrated by the recreational fishing community and allows federal fishery managers to explore novel ideas and partnerships to enhance fisheries management.

“These new tools are something that recreational fishermen have worked on very hard, and we are happy to see it in law,” said Chester Brewer, South Atlantic Council Member. The South Atlantic Fishery Management Council began work on management activities for the recreational fishery that align with items outlined in the in the Modern Fish Act as it was being developed. These include:

  • MyFishCount – a recreational reporting website and application for smart phones designed to allow anglers to voluntarily report their fishing activity, including numbers of fish harvested, numbers released, depth fished, and other information helpful for management. The pilot project, developed in partnership with the Angler Action Foundation and Elemental Methods, is funded through NOAA Fisheries and has over 800 users to date.
  • For-Hire (headboat & charter vessel) Electronic Reporting – federally-permitted headboat captains are currently required to report electronically; expected to begin in 2019, federally permitted charter captains in the South Atlantic region will be required to report trip-level data for all trips and all species electronically on a weekly basis, improving the timeliness and accuracy of data used for fisheries management.
  • Collaboration – In 2018, the Council collaborated with and participated in a Recreational Fishing Workshop with the American Sportfishing Association, Coastal Conservation Association, and Yamaha Marine during the October Council meeting. The workshop is part of a 3-phase project to explore approaches for innovative management of the private recreational sector of the South Atlantic Snapper Grouper fishery. Results from the workshop and additional stakeholder meetings will be presented to the Council during its March 2019 meeting on Jekyll Island, Georgia. The Council will consider the results and discuss how to develop a new approach for managing the recreational fishery that aligns with items identified in the Modernizing Recreational Fisheries Management Act.

“The Council is very excited to be cooperating with the recreational fishing community to develop this new approach for the Council’s area and we look forward to receiving recommendations from the recreational sector,” said Spud Woodward, South Atlantic Council Member.

“NOAA Fisheries and the Secretary of Commerce are to be commended for funding development of MyFishCount, an app that, when expanded and implemented, could meet the private recreational data reporting requirements of the Modern Fish Act,” said Jessica McCawley, Chair of the South Atlantic Fishery Management Council. “NOAA Fisheries is working to provide additional funding to continue this important program for 2019/20, and the Secretary of Commerce and the NOAA Fisheries Administrator expressed strong support for such programs at the National Recreational Fishing Summit held last year,” McCawley noted.

Council Vice Chair Mel Bell noted the importance of timely, mandatory data reporting. “The State of South Carolina recently moved from their 20+ year, paper-only based for-hire reporting program to include use of an electronic report application that is web-based. With the pending implementation of federal charter vessel reporting, we will have all federal for-hire vessels, and all South Carolina state-only for-hire vessels, reporting electronically,” explained Bell, who also represents the SCDNR Marine Resources Division on the Council. “In addition, MyFishCount provides a method for individual recreational anglers to report electronically, which would help supplement existing data streams and be a much-needed improvement to our understanding of recreational catch information,” according to Bell.

Tune in to the Council’s meeting on Tuesday afternoon, March 5th, to hear the discussions. Materials and webinar registration information will be available from the Council’s website on February 15th.

ALASKA: Disaster declarations, relief in limbo for multiple fisheries

January 16, 2019 — The last few years of commercial fishing for Alaska have turned up poor for various regions of the state, resulting in disaster declarations and potential federal assistance.

The 2018 season proved no different, with at least two disaster requests in the works at the state level. A third is in process at the federal level, and yet another is finally distributing money to affected fishermen from the 2016 season.

The three in process still have to be approved before going to Congress, where funds can be appropriated to assist fishermen. The process is affected by the federal government shutdown, as most of the National Marine Fisheries Service employees are furloughed until a resolution is reached.

The pink salmon disaster, which was requested in 2016 after catches across the Gulf of Alaska came in dismally below expectations, is awaiting a finalized plan for distributing $56 million in relief funds.

The plan is currently being reviewed by the National Oceanic and Atmospheric Administration before the fund distribution is coordinated by the Pacific State Marine Fisheries Commission, according to the Alaska Department of Fish and Game.

Read the full story at the Alaska Journal of Commerce

 

New York files suit over low commercial fluke quota

January 15, 2019 — New York State has filed suit against the Trump administration to officially contest the state’s “unfair” share of the federal quota for fluke,  state Attorney General Letitia James and Gov. Andrew M. Cuomo announced Monday.

The suit follows release of December 2018 allocations for fluke that the state said remained disproportionately small and based on “inaccurate and outdated” fishing data, James said in a statement.

Cuomo had first said the state would sue in 2013, but as recently as last year refrained from doing so as it attempted other remedies, including a petition filed with the federal government. “The message is loud and clear: we will fight this unfair quota until New York’s access to summer flounder is consistent with national standards,” Cuomo said in a statement.

Hundreds of  Long Island commercial fluke fishermen have for decades decried New York’s share of the commercial fluke quota, which stands at just 7.6 percent, compared  with 21.3 for Virginia and 27.4 for North Carolina.

Read the full story at Newsday