Saving Seafood

Appeals court hears arguments on NOAA’s authority to regulate aquaculture

January 9, 2020 — The fight over whether offshore aquaculture should be allowed in US federal waters and which agency should regulate it is back in court with lawyers for a group of fishing and food safety interests arguing that new legislation is needed for the National Oceanic Atmospheric Administration (NOAA) to regulate it.

In September 2018, 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 NOAA’s National Marine Fishery Service (NMFS) to block its efforts to establish aquaculture in the Gulf of Mexico.

CFS had successfully argued that the Magnuson-Stevens Act (MSA), which gives NOAA and NMFS much of their legal authority, gave the agencies authority over only wild-capture fisheries, not aquaculture.

Read the full story at Undercurrent News

Cod Fishermen Upend Carveout for Alaskan Villages

March 22, 2019 — A federal judge cut the line Thursday on the government’s effort to promote sustainable cod-processing operations in a pair of Alaskan fishing villages.

Unveiled in 2016, the new scheme carved out a portion of the Pacific cod fishery off the coast of the Aleutian Islands to be used exclusively each year by vessels that planned to process their catch onshore rather than at sea.

Pacific cod, in contrast to the much-suffering Atlantic cod, is one of the most abundant and lucrative species of groundfish harvested in the region.

Without government intervention, however, the National Marine Fishery Service argued that the Aleutian fishing communities of Adak and Atka would catch less and less cod, and struggle to compete as centers for fish processing.

Read the full story at Courthouse News Service

Judge sides with American Samoa local fisherman over feds

March 23, 2017 — A federal judge in Honolulu has ruled that the decision to reduce the area off-limits to large vessels along the coast of American Samoa “is invalid,” clearing the way for exclusive access by local fishermen and small boats.

U.S District Court Judge Leslie E. Kobayashi also ruled that National Marine Fishery Service’s change of the rule “was arbitrary and capricious.”

Fishing waters had been preserved for the local “alia” — or small boat — fishing fleet from the shoreline out to 50 miles since 2002. Last year, the National Marine Fishery Service reduced the large-vessel-protected area, or LVPA, to 12 miles from the shoreline, allowing vessels 50 feet and longer to net hauls once reserved for local fishermen.

The plaintiffs, through the American Samoa government, filed the lawsuit in March 2016 arguing that American Samoa’s cultural fishing rights are found in the two Deeds of Cession — the 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deeds of Cession for Manu’a islands — with the U.S.

The defendants, who include the National Oceanic and Atmospheric Administration, countered in court documents that deeds say nothing, about fishing or marine resources and “that silence should not be read to establish rights.”

In a 42-page ruling issued Monday, Kobayashi says the Deeds of Cession require the United States to respect the American Samoans’ customary practices — such as fishing — even though the deeds do not specifically identify the practices.

American Samoa Gov. Lolo Matalasi Moliga said he hopes the case serves as a reminder to the federal government that “we have rights and they should not be easily dismissed.”

American Samoa Attorney General Talauega Eleasalo Ale, who appeared for the territorial government at federal court during oral arguments last month, describes the ruling as “thorough and well-reasoned.”

Read the full story from the Associated Press at the New Jersey Herald