Saving Seafood

Ropes are latest flashpoint in tug of war over endangered right whales

October 15, 2018 — The lobster industry is willing to consider switching to weaker rope to protect the endangered right whale from deadly entanglements, but whale defenders say that doesn’t go far enough to help a species that can’t bear even one more death.

A team of scientists, regulators, animal rights groups and fishermen met this week in Providence to review proposals to help a species that has dwindled to about 450 individuals after coming back from the brink of extinction.

The team is advising the National Marine Fisheries Service on how to prevent whales from getting entangled in fishing gear as they migrate, feed and mate as they travel back and forth along the East Coast of the United States and Canada.

The team agreed on a lot of measures that could help them understand why the whales are dying, like putting distinctive marks on all fishing gear so regulators can know which fisheries pose the biggest threat, but not on how to actually stop entanglement deaths.

Led by Maine regulators and fishermen, the lobster industry agreed Friday to explore weaker vertical lines – the rope that links seabed traps to a surface buoy – in areas where whales gather in numbers or eat, an act that puts them at greater risk of a fatal entanglement.

Rope strength limits would represent “a giant step forward,” lobster industry officials said.

“We pushed ourselves way beyond our comfort zones to present this idea with a bow on it,” said Patrice McCarron, director of the Maine Lobstermen’s Association. “Let’s get the low-hanging fruit and find gear that we could actually fish and get in the water.”

Read the full story at the Portland Press Herald

South Atlantic Fishery Management Council October 1-5, 2018 Meeting Summary

October 12, 2018 — The following was released by the South Atlantic Fishery Management Council:

The South Atlantic Fishery Management Council held their regularly scheduled September meeting October 1-5, 2018 in Charleston, SC. The meeting was postponed due to Hurricane Florence. Below are highlights from the Council’s weeklong meeting. Additional information from the meeting is available from the Council’s website at: http://safmc.net/september-2018-council-meeting-details/, including a Meeting Report, Story Map, final committee reports, public comments, and briefing book materials.

Amendments Approved for Secretarial Review

The Council approved four amendments to fishery management plans for formal Secretarial review. NOAA Fisheries will solicit additional public input on the amendments as part of the review process. Regulatory actions in the amendments will be implemented following the review process, if approved by the Secretary of Commerce.

Spiny Lobster Amendment 13

The amendment includes actions to update federal regulations to align with the State of Florida and update the enhanced cooperative management procedure between the Florida Fish and Wildlife Commission and NOAA Fisheries. The new regulations would apply to commercial harvesters using bully net gear and include permit requirements, vessel markings, and prohibitions on the use of trap pullers or underwater breathing apparatus (excluding dive masks or snorkels) when commercial bully net fishing. The amendment would also establish a daily vessel limit of 250 lobsters per day/vessel for the commercial bully net fishery and for the commercial dive fishery, in specified areas.

Snapper Grouper Regulatory Amendment 27 (Commercial Visioning)

In response to input received as part of the Council’s Vision Blueprint for the Snapper Grouper Fishery addressing long-term management, the actions in this amendment are designed to address concerns over equitable access for commercial fishermen, minimize discards, and improve marketability. The amendment would: establish a commercial split season and modify trip limits for blueline tilefish, greater amberjack, and red porgy; establish a split season for snowy grouper, modify the trip limit for vermilion snapper; specify a minimum size limit for almaco jack and a trip limit for the Other Jacks Complex; remove the minimum size limit for queen snapper, silk snapper and blackfin snapper; and reduce the commercial minimum size limit for gray triggerfish in federal waters off east Florida.

Snapper Grouper Abbreviated Framework Amendment 2
(Vermilion Snapper and Black Sea Bass)
Based on results of the latest stock assessments, the framework amendment would adjust fishing levels for both vermilion snapper and black sea bass. Actions in the amendment would increase the overall annual catch limit (ACL) for vermilion snapper and decrease the annual catch limit for black sea bass. The ACL for vermilion snapper would increase from 1,269,000 pounds whole weight (ww) to 1,579,000 pounds (ww) beginning in 2019. For black sea bass, the ACL would be reduced from 1,756,450 pounds (ww) to 760,000 pounds beginning in 2019 with the recreational ACL effective at the start of the 2019/2020 fishing year (starting April 2019). The Council is considering the amendment an “interim adjustment” until new recreational estimates from the Marine Recreational Information Program (MRIP) are incorporated into the assessment. The Council’s Scientific and Statistical Committee will review the MRIP recalibrations and updated assessments using the new MRIP numbers for both species during its October 15-17, 2018 meeting and provide a report to the Council during its December 2018 meeting.

WPRFMC: Billfish Amendment Targeted Pacific Island Commercial Fisheries with no Conservation Gained

October 9, 2018 — SEAFOOD NEWS — HR 4528, signed into law by President Trump on Aug. 2, 2018, will have a big impact on Hawai‘i fishermen and wholesale businesses as well as potential markets for American Samoa, Guam and Northern Mariana Islands fisheries.

Introduced by U.S. Rep. Darren Soto, R-Fla., the bill had the seemingly benign title, “To make technical amendments to certain marine fish conservation statutes, and for other purposes.” In reality, the amendment to the Billfish Act of 2012 prohibits U.S.-caught billfish landed in the U.S. Pacific islands by U.S. fishermen from being sold to continental U.S. markets (including Alaska and the Territory of Puerto Rico). Swordfish is not included in the Act’s definition of billfish.

“It is disappointing that special interest groups were successful in lobbying Congress to eliminate sustainable U.S. Pacific Island-caught billfish sales on the mainland,” notes Kitty M. Simonds, executive director of the Western Pacific Regional Fishery Management Council. “The change will not have a conservation benefit and is inconsistent with the principles and standards of the Magnuson-Stevens Fishery Conservation and Management Act.”

The National Marine Fisheries Service is currently deciding whether implementing regulations are necessary to enforce the law. The Council staff believes regulations are needed to clarify what is prohibited and what remains legal. Shortly after the law was signed, Council staff received numerous calls from the public about purchasing fresh billfish and value-added products in Hawai‘i to bring to the mainland for sharing or for personal consumption. Questions are also being asked about the exportation of billfish and value added products to foreign destinations.

In addition, seafood businesses on the mainland will need time to adjust and source new products to support their programs that have been built on using sustainably caught fish from Hawai‘i fisheries. Hawai‘i vendors have made commitments to mainland restaurants and retail groups to provide a variety of selections to support their “Fresh Hawaiian Catch of the Week” programs. They specifically choose Hawai‘i sourced fish because it is sustainable and traceable and has been regulated to have low environmental impacts.

It is clear that NMFS, industry and the public will need time to work through the complexities of this new rule. Given these issues, the Council wrote to Chris Oliver, NOAA Assistant Administrator for Fisheries, suggesting that NMFS develop a national education and outreach effort that corresponds to the rule-making process and that NMFS initiate enforcement after publication of the final rule. It was suggested that NMFS convene a meeting with the appropriate wholesale/dealer representatives in Hawai‘i and the Council to sort through the issues to be addressed in development of implementing regulations.

Prior to the bill’s passage, the Council received letters from both Oliver and U.S. Secretary of Commerce Wilbur Ross stating that HR 4528 was unnecessary and would not lead to improved billfish conservation. Proponents of the bill said the 2012 Billfish Conservation Act had created a loophole in the prohibiting of all foreign imports of billfish into the United States by providing an exemption for U.S. fisheries landing billfish in Hawai‘i, American Samoa, Guam and Northern Mariana Islands. However, the exemption provided to U.S. Pacific Island fisheries in the 2012 legislation was clearly a preference by Congress to not negatively impact jobs in U.S. seafood markets, as the Congressional record indicates.

Sales of foreign-caught billfish in the U.S. and commercial harvest and sales of U.S. caught billfish in the Atlantic, where several species are overfished or experiencing overfishing, have been prohibited since 1988. For decades, a NMFS-administered Billfish Certificate of Eligibility (COE) has been required to accompany any billfish caught in the Pacific that is offered for commercial sale in the United States. The COE is meant to ensure billfish in the US market is not from the Atlantic or foreign fisheries by documenting the vessel, homeport, port of offloading and date of offloading. There was no loophole as alleged, and no evidence that foreign billfish were being laundered through Hawai‘i. Rather, the bill removed an exemption for domestic, sustainably caught billfish, as billfish populations in the Pacific are healthy. Proponents, on the other hand, believe marlins and other billfish should be caught only by recreational fishermen.

Sport fishing for billfish involves catch-and-release and retention for home consumption. Dozens of recreational billfish tournaments provide prize money for the largest marlin landed. Anecdotal information suggests a substantial amount of recreationally harvested billfish on the East Coast is sold through black-market channels.

Congresswomen Colleen Hanabusa, D-Hawai‘i; Madeleine Z. Bordallo, D-Guam; and Aumua Amata Coleman Radewagen, R-American Samoa, said the legislation “will negatively impact the livelihoods of fishermen in Hawai‘i, Guam and the Pacific Insular Areas by closing off the only off-island market for U.S.- caught billfish.”

They added: “We support needed-conservation efforts in the Atlantic, but do not believe that Pacific fisheries need to be targeted in order to achieve these goals.”

Unfortunately, their Congressional voices and the voice of reason based on best scientific information fell on deaf ears.

The enacted legislation, unlike its title, was not a simple technical amendment, but rather an arrow pointed at sustainable U.S. Pacific Island commercial billfish fisheries at the behest of largely U.S. mainland recreational fishing groups.

This story originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission.

Feds asked to take action to prevent herring overfishing

October 4, 2018 — Fisheries managers in New England are asking the federal government to take action to try to reduce the possibility of overfishing in the herring fishery.

Herring is an important small fish on the East Coast, and recent assessments of the stock show that it is in decline.

The New England Fishery Management Council recently approved a host of new restrictions for the fishery, voting to supplement severe rollbacks of herring quotas with a new inshore buffer zone aimed specifically at preventing mid-water trawlers — such as Gloucester-based Cape Seafoods’ 141-foot boats, Challenger and Endeavour — from fishing within 12 miles of shore in most areas of the Northeast.

In some areas around Cape Cod, the buffer zone expands to 20 to 25 miles.

The council also has requested the National Marine Fisheries Service set catch limits for next year’s fishery. If approved, 2019 catch levels will be capped at 21,226 metric tons — less than half of the 50,000 metric tons allowed in 2018.

The council says swift action by the federal agency is needed to “reduce the probability of overfishing.”

Read the full story at the Gloucester Daily Times

Mid-Atlantic Council Votes to Increase Illex Squid Quota

October 4, 2018 — The following was released by the Mid-Atlantic Fishery Management Council:

Today the Mid-Atlantic Fishery Management Council voted to increase the Acceptable Biological Catch (ABC) for Illex squid by 2,000 metric tons (mt) for 2019 and 2020 after reviewing recommendations from its Scientific and Statistical Committee (SSC). This is an increase of approximately 8% above the ABC originally approved by the Council.

In 2017, the Council established a 24,000 mt ABC for 2018, 2019, and 2020. However, the rapid pace of landings in 2017 and 2018 suggests that Illex squid have been highly available to the U.S. fishery during these years, despite several prior years of low landings. The fishery closed September 15th in 2017 and August 15th in 2018. Given the fishery’s recent performance, the Council asked its SSC earlier this year to consider whether changes to the 2019 and 2020 ABC are warranted. The SSC reviewed recent catch and survey information and endorsed a revised ABC of 26,000 mt.

If approved by the National Marine Fisheries Service (NMFS), this revised ABC will result in a domestic annual harvest (DAH) of 24,824.8 mt after accounting for discards. NMFS would then seek to close the fishery at 95% of that quota.

The Council also agreed to develop a working group to investigate new data collection and analysis to support setting Illex ABCs in the future.

For additional information about squid management, contact Jason Didden – jdidden@mafmc.org.

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Mississippi’s Palazzo gives US House it’s own offshore aquaculture bill

October 2, 2018 — Those who seek to clarify that the US National Oceanic and Atmospheric Administration (NOAA) has authority over offshore aquaculture now have bills in both chambers of Congress, but time is short.

Representatives Steven Palazzo, a Mississippi Republican, and Collin Peterson, a Minnesota Democrat, introduced the Advancing the Quality and Understanding of American Aquaculture (AQUAA) Act (HR 6966) on Friday, giving a companion to a similar bill (S. 3138) introduced in June by senator Roger Wicker, a Mississippi Republican.

Both HR 6966 and S. 3138 seek to create an Office of Marine Aquaculture within NOAA’s National Marine Fisheries Service that would streamline the approval process for new aquaculture facilities in federal waters, three to 200 miles offshore. They would help fund research and extension services for several existing aquaculture priorities.

“The bill would make no changes to current environmental standards, but instead uphold and maintain existing standards,” a press release assures.

Read the full story at Undercurrent News

NEFMC Approves Atlantic Herring Amendment 8; Asks NMFS to Set 2019 Catch Limits

October 2, 2018 — The following was released by the New England Fishery Management Council:

On September 25 during its meeting in Plymouth, MA, the New England Fishery Management Council approved Amendment 8 to the Atlantic Herring Fishery Management Plan. The Council also asked the National Marine Fisheries Service (NMFS, NOAA Fisheries) to develop an in-season action to set 2019 specifications for the herring fishery.

ABC Control Rule:

  • The acceptable biological catch (ABC) control rule is a formula that will be used to set annual catch limits. The Council considered close to a dozen alternatives that would allow different levels of fishing mortality depending on the estimated level of herring biomass in the ecosystem. In the end, the Council adopted a control rule that balances many objectives by capping overall fishing mortality at 80% of sustainable levels. Previously, fishermen were allowed to harvest up to 100% of sustainable catch levels. Under the proposed control rule, a portion of the available catch would be set aside to explicitly account for the important role of Atlantic herring as forage with in the ecosystem. The new control rule also will better address uncertainty in year-to-year variation in biomass estimates. While the control rule will reduce catches in the near term, it has a lower probability of resulting in overfishing than previous methods used to set catch limits.

Read the full release here

Council Forwards Clam Dredge Framework Alternatives for Analysis; Proposed Great South Channel HMA Exemptions

September 28, 2018 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council has tasked its Habitat Plan Development Team (PDT) with analyzing five areas within the Great South Channel Habitat Management Area (HMA) where surfclam dredge fishermen potentially could continue to fish year-round. The PDT also was directed to analyze four additional areas for potential seasonal exemptions. The surfclam fishery currently is allowed to operate in all but the northeast corner of the HMA under a one-year exemption that expires April 9, 2019. The Council is working on a Clam Dredge Framework to consider options for allowing continued surfclam fishery access to non-sensitive habitat in the HMA. Since implementation of the Council’s Omnibus Habitat Amendment 2. The five areas that will be further analyzed as potential year-round clam dredge
exemption areas within the Great South Channel HMA are outline with solid red lines on the map above –
McBlair, Rose and Crown, Area A, Area B, and Area D. Four other areas outlined in green will be analyzed as seasonal closures – East Door, Old South, Zone C, and Zone E. The exemptions would apply from March 1 to August 31. These four areas would be subject to a six-month closure to protect spawning codfish. The Council has expressed concern about potential overlap with cod spawning grounds, which are colored in yellow. On April 1, 2018, the HMA has been closed to all other mobile bottom-tending gear.

The potential exemption areas being analyzed by the PDT were proposed by industry. At its June meeting in Portland, ME, the National Marine Fisheries Service (NMFS, NOAA Fisheries) expressed serious concerns about the initial alternatives developed by the Council’s Habitat Committee. The agency questioned whether any of those proposals could be approved in a final framework

US aquaculture advocates: Judge’s ruling on Gulf of Mexico proves need for law

September 28, 2018 — A lobbying group organized by more than a dozen powerful seafood companies says a ruling this week by a federal judge that the US National Marine Fisheries Service (NMFS) doesn’t have the authority to oversee fish pens in federal waters is why new legislation is needed.

In a 15-page opinion handed down Monday, US district court judge Jane Triche Milazzo, in the Eastern District of Louisiana, granted a motion by the Center for Food Safety (CFS) and a coalition of fishing and public interest groups it represented to grant a summary judgment in its lawsuit against NMFS to block its efforts to establish aquaculture in the Gulf of Mexico.

Milazzo has given the plaintiffs 10 days to file a proposed judgment.

CFS filed its lawsuit against NMFS, a division of the National Oceanic and Atmospheric Administration, in February 2016, arguing that the Magnuson Stevens Fishery Conservation and Management Act (MSA), passed in 1976, was meant to give NMFS authority over the harvesting of wild fish, not aquaculture.

“In analyzing the plain text, statutory scheme, and legislative history of the MSA, this court finds that the term ‘harvesting’ was intended to refer to the traditional fishing of wild fish,” Milazzo wrote in her opinion. “There is nothing in the MSA or its legislative history to suggest that Congress might have intended that the term be defined to include the farming of fish.

“… It is often said that ‘Congress does not ‘hide elephants in mouseholes’, and this court cannot imagine a more fitting example,” she added.

NMFS, in January 2016, with the help of the Gulf Council, finalized regulations to authorize a federal commercial aquaculture permitting scheme in the gulf. According to CFS, the program would have allowed up to 20 industrial facilities and collectively 64 million pounds of fish to be grown each year in the area.

Read the full story at Undercurrent News

Request for Comments: Proposed Changes to Golden Tilefish Regulations in Federal Waters of the South Atlantic Region

September 28, 2018 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries requests your comments on a proposed rule for golden tilefish. The proposed actions would reduce golden tilefish catch limits based on the most recent population assessment. The purpose of the action is to end overfishing (rate of removal is too high) of golden tilefish in the South Atlantic.

Comments are due by October 12, 2018

SUMMARY OF PROPOSED CHANGES:

  • The proposed rule would set the total catch limit at 342,000 pounds gutted weight (lbs gw).
  • This proposed rule would also specify the commercial and recreational sector catch limits and component commercial quotas using the existing sector allocations.
  • The commercial catch limit would be 331,740 lbs gw. The commercial quota for the hook-and-line component would be 82,935 lbs gw, and the commercial quota for the longline component would be 248,805 lbs gw. The recreational catch limit would be 2,316 fish.

HOW TO COMMENT ON THE PROPOSED RULE:

The 15 day comment period associated with this proposed rule will end on October 12, 2018. We will address all comments specifically directed to the proposed rule in the final rule. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER: 83 FR 48788, published September 27, 2018

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.
1. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2018-0091.
2. Click the “Comment Now!” icon, complete the required fields.
3. Enter or attach your comments.

Mail: Submit written comments to Karla Gore, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.