Saving Seafood

US court rules NMFS must move on whale take-reduction plan for West Coast black cod fishery

March 16, 2023 — A federal court in the U.S. state of California has ruled the National Marine Fisheries Service must develop a whale take-reduction plan for the West Coast sablefish pot fishery, a decision that will put more pressure on the agency and industry to come up with gear alternatives.

U.S. District Court Judge James Donato ruled 14 March in favor of the Center for Biological Diversity, which sued NMFS challenging its permitting of the fishery without having a plan in place to reduce the danger of humpback whales entangling in vertical trap lines.

Read the full article at SeafoodSource

Feds sued to protect endangered turtles, whales, sharks from fishing lines

February 24, 2023 — The Conservation Council for Hawaii sued National Marine Fisheries Service fisheries in Hawaii and American Samoa for delaying consultations meant to ensure the fisheries are properly managing incidental catch species including several endangered sea turtle, whale and shark species.

In a lawsuit filed Wednesday, the Conservation Council and Michael Nakachi, a Native Hawaiian cultural practitioner, claim the longline fisheries have been exceeding their incidental take limits for nearly nine years in violation of the Endangered Species Act.

The fisheries’ longline fishing gear, mileslong mainlines with baited hooks extending vertically into the water, primarily targets tuna but has no way to exclude nontarget marine animals, luring in and eventually killing hundreds of species including endangered ones.

“By failing to complete the consultations, NMFS is failing to ensure that these fisheries do not jeopardize the continued existence of these species or destroy or adversely modify their critical habitat, in violation of ESA Section 7 and its implementing regulations,” the plaintiffs say in the complaint.

Earthjustice, on behalf of the Conservation Council, first initiated action against the agency in May 2022, asking for consultations and reports to be done on oceanic whitetip sharks, which had been recently designated by the Endangered Species Act and did not have previously established take limits. All parties stipulated to a voluntary dismissal after the fisheries service promised to complete the consultations, which it submitted in September. The plaintiffs say this wasn’t enough.

Read the full article at Courthouse News Service

Green groups targeting blue-collar lobstermen are largely funded by dark money

February 6, 2023 — Environmental groups that have led litigation targeting the lobster fishing industry have been heavily funded by various liberal dark money groups that don’t disclose their individual donors, a Fox News Digital review of tax filings found.

The organizations — the Center For Biological Diversity, Conservation Law Foundation (CLF) and Defenders Of Wildlife — first filed a joint federal lawsuit against the National Marine Fisheries Service (NMFS) in 2018, arguing a rule issued by the agency years earlier failed to properly protect the endangered North Atlantic right whales from lobster fishing equipment. In April 2020, a federal judge ruled in favor of the groups, ordering the NMFS to issue tighter restrictions.

“Right whales have been getting tangled up and killed in lobster gear for far too long,” Kristen Monsell, the oceans program litigation director at the Center for Biological Diversity, said at the time. “This decision sends a clear signal that federal officials must protect these desperately endangered animals from more painful and deadly entanglements before it’s too late.”

Read the full article at Fox News

Feds deny Bering Sea Crabbers’ request for emergency area closure

January 23, 2023 — The National Marine Fisheries Service denied a request for emergency action to close red king crab habitat areas to all fishing gears, ruling that “available evidence does not support a finding that the proposed emergency regulations would address the low abundance and declining trend of mature female Bristol Bay red king crab.”

The Alaska Bering Sea Crabbers association filed the emergency petition Sept. 28, days widespread fishery shutdowns were ordered in response to declining red king and opilio. The crabbers sought closures in red king crab savings areas, “to protect Bristol Bay red king crab and their habitat at a time of historically low crab abundance,” according to NMFS’ announcement Friday that the petition was rejected.

The red king crab savings area was established in 1996. It is permanently closed to bottom trawling but is open to pelagic trawling, pot fishing, and longlining. The crab fleet, facing a virtually complete shutdown, asked for a Jan. 1 to June 30 closure to keep away all gears, contending that all bycatch and habitat impacts need to be addressed.

In a response Friday afternoon, the Bering Seas Crabbers said NMFS is discounting the effects of other gear types

Read the full article at the National Fisherman

Right whales still declining despite protections

January 23, 2023 — In its latest five-year review, the National Marine Fisheries Service says existing efforts to protect North Atlantic right whales have proven inadequate and that the population continues to decline.

“The North Atlantic right whale faces continued threat of human caused mortality due to lethal interactions with commercial fisheries and vessel traffic,” concludes the review, released December 27, 2022. “There is also uncertainty regarding the effect of long-term sublethal entanglements, emerging environmental stressors including climate change, and the compounding effects of multiple continuous stressors that may be limiting North Atlantic right whale calving and recovery.”

Right whale protections have had a significant impact on the Maine lobster industry because of the danger that gear entanglement poses for the highly mobile mammals. While the review says that “mortalities and serious injuries of North Atlantic right whales in U.S. gear and first seen in U.S. waters” continue to contribute to the species’ decline and inability to recover, Maine lobstermen have argued that there have been no confirmed entanglements in Maine gear since 2004.

Read the full article at Penobscot Bay Press

New monitoring rules for Northeast fishermen aimed at better data

January 23, 2023 — Changes to U.S. rules about the monitoring of Northeast commercial fishing activities are going into effect this month with a goal of providing more accurate information about some of the nation’s oldest fisheries.

The U.S. mandates observers to work onboard fishing boats to collect data and make sure fishermen adhere to rules and quotas. The relationship between fishermen and observers is sometimes difficult, and fishermen have long complained the monitoring program heaps costs on them.

The National Marine Fisheries Service has adopted new monitoring rules for Northeast fishermen of groundfish, like haddock and flounder, to try to improve the accuracy of the data. The fishermen harvest some of the most popular seafood species in the country, and the data are used to craft fishing regulations.

Read the full article at wbur

 

The Supreme Court Should End Chevron Deference

December 14, 2022 — Loper Bright Enterprises is a family ​owned herring fishing company that operates in New England waters. Herring fishing is hard work on a small boat, and every inch of space is valuable for storing supplies, fishermen, and the catch. Nonetheless, a National Marine Fisheries Service (“NMFS”) regulation requires that herring fishing boats allow an additional person on board to serve as a monitor, tracking compliance with federal regulations. Not only does this monitor take up limited space, but the fishermen must also pay the monitor’s salary of around $700 per day. Overall, the regulation reduces fishing profits by about 20%. If fishing boats decline to carry a monitor, they are prohibited from fishing for herring.

Loper Bright and other fisheries sued to challenge this rule, arguing that the NMFS lacked statutory authority to force them to pay for these monitors. Although the statute at issue says nothing about industry funding for government monitors, the district court surprisingly held that the statute clearly authorized the rule. Loper Bright appealed, and the D.C. Circuit held that the statute was ambiguous but deferred to the agency’s interpretation under the Chevron doctrine. Loper Bright has now asked the Supreme Court to grant review of its case, and Cato—joined by the Liberty Justice Center—has filed an amicus brief supporting that petition.

Read the full article at the Cato Institute

Northeast Canyons fishing prohibition may be added to councils’ management plans

November 11, 2022 — The National Marine Fisheries Service is developing an amendment to incorporate the Northeast Canyons and Seamounts ban on commercial fishing into regional fishery management plans.

Originally declared during the Obama administration, partially overturned in the Trump years, and reinstated by President Biden, the Northeast Canyons and Seamounts Marine National Monument covers nearly 5,000 square miles of sea floor east-southeast of Cape Cod.

Read the full article at the National Fisherman

U.S. Government Decides Against Adding Great Hammerhead Shark To Endangered Species List

November 10, 2022 — It was a report many were looking forward to – whether or not the United States National Marine Fisheries Service (NMFS) would decide for or against adding the great hammerhead shark (Sphyrna mokarran) to the Endangered Species List (ESA).

Known for its unmistakeable hammer shaped head and a tall first dorsal fin, these nomadic, generally solitary, and highly migratory species have a circumglobal distribution. The largest species in the Sphyrnidae family, it was listed on the International Union for the Conservation of Nature (IUCN) Red List as Critically Endangered due to being caught globally as target and bycatch in coastal and pelagic large- and small-scale longline, purse seine, and gillnet fisheries. Retained by many fishers for its large fins, combined with high bycatch mortality, makes this long-lived predator vulnerable to overfishing pressures. With this evidence, many hoped for good news today. Instead, they received disappointing news.

On June 16, 2022, the NMFS received a petition from the Center for Biological Diversity (CBD) to list the great hammerhead shark as a threatened or endangered species under the ESA and to designate critical habitat concurrent with the listing. The CBD argued that the 2019 assessment carried out by the IUCN had designated the species as “critically endangered,” which meant “the species satisfies the listing criteria under the ESA.”

Read the full article at Forbes

MLA motion to expedite appeal granted

October 31, 2022 — On October 18, a federal appeals court sided with the Maine Lobstermen’s Association in granting the MLA’s request to expedite consideration of its appeal of the decision in Maine Lobstermen’s Association v. National Marine Fisheries Service. The Court rarely grants motions to expedite, according to a press release.

On October 11, the MLA announced that it has retained former U.S. Solicitor General Paul Clement and had filed for expedited consideration of MLA’s appeal to the United States Court of Appeals for the District of Columbia in its lawsuit to reverse a scientifically-flawed federal whale plan that will cripple Maine’s lobster industry.

In granting the motion for expedited appeal, the court laid out a timeline that requires all briefs to be submitted by January 10, 2023.

Read the full article at Penobscot Bay Press