Saving Seafood

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.

U.S. Secretary of Commerce Declares Commercial Fishery Disasters for West Coast Salmon and Sardines

September 28, 2018 — The following was released by NOAA:

Today, Secretary of Commerce Wilbur Ross announced that commercial fishery failures occurred between 2015 and 2017 for salmon fisheries in Washington, Oregon, and California, in addition to the sardine fishery in California.

“The Department of Commerce and NOAA stand ready to assist fishing towns and cities along the West Coast as they recover,” said Secretary of Commerce Wilbur Ross. “After years of hardship, the Department looks forward to providing economic relief that will allow the fisheries and the communities they help support to rebound.”

Between July 2016 and March 2018, multiple tribes and governors from Washington, Oregon, and California requested fishery disaster determinations. The Secretary, working with NOAA’s National Marine Fisheries Service (NMFS), evaluated each request based on the available data, and found that all but one (the California red sea urchin fishery) met the requirements for a fishery disaster determination.

The determinations for West Coast salmon and sardines now make these fisheries eligible for NOAA Fisheries fishery disaster assistance.  The 2018 Consolidated Appropriations Act provided $20 million in NOAA Fisheries fishery disaster assistance. The Department of Commerce is determining the appropriate allocations of these funds to eligible fisheries.

Read the full release here

NOAA Fisheries to Reimburse Vessels for 2018 At-Sea Monitoring Costs

September 28, 2018 — NOAA Fisheries has announced a plan to cover the 2018 costs of at-sea monitoring for ground fish sector vessels in the Northeast.

The agency also plans to contribute more reimbursements to vessels for the 2017 at-sea costs, bringing the total reimbursement for that year up to 85-percent.

The at-sea monitors participate in a series of sector trips to estimate the total catch of quota of the species kept and discarded by the vessel. NOAA says at-sea monitoring also helps groundfish vessels keep track of the pace to which they fill their quotas for each species.

“Effective at-sea monitoring is essential to the success and sustainability of this fishery. This $10.3 million increase from Congress for groundfish at-sea monitoring provides additional economic stability for the sector vessels,” said Northeast Fisheries Science Center Director Jon Hare.

Read the full story at CapeCod.com

Commerce Department Makes Several Fishery Failure Determinations for West Coast Fisheries

September 27, 2018 — SEAFOOD NEWS — Salmon and sardine fisheries off the West Coast have been closed or severely curtailed in the years since The Blob — an unusual mass of warm water — stuck around for most of 2014 and 2015. While not the only odd ocean change, it was blamed for many fisheries problems.

Now, Secretary of Commerce Wilbur Ross has determined those salmon and sardine fisheries are indeed fishery failures due to natural resource conditions, the department said in a press release and letters released Tuesday. Those fisheries will now be eligible for $20 million in fishery disaster aid in the 2018 Consolidated Appropriations Act.

““The Department of Commerce and NOAA stand ready to assist fishing towns and cities along the West Coast as they recover,” Ross said in a statement. “After years of hardship, the department looks forward to providing economic relief that will allow the fisheries and the communities they help support to rebound.”

About a dozen fisheries are included in the determinations, a mix of several tribes and state fisheries from all three West Coast states. Only one, the California red sea urchin fishery, was not included.

“The recent five-year average revenue (2011-2015) from the California red sea urchin fishery was $8,538,815,” Ross’ letter to California Gov. Edmund G. Brown said. “In 2016, California red sea urchin fishery revenues were $7,255,593, which is a 15 percent revenue loss as compared with the previous five-year average. Compared to the previous five-year average, this percentage loss in revenue is substantially lower than the 35 percent revenue loss minimum called for in the NMFS Policy Guidance to justify a determination of a commercial fishery failure, serious disruption, or harm.”

However, the 2015 and 2016 Pacific sardine fishery did meet the requirements for a fishery failure. A large biomass decline in sardines, resulting from unfavorable ocean conditions, was beyond the control of fishery managers, the letter to Gov. Brown stated.

“We are deeply grateful to Secretary Ross and Assistant Administrator for Fisheries Chris Oliver, as well as to West Coast NMFS officials and Governor Brown, for acknowledging that our sardine fishery closure met the legal requirements for designation as a fishery resource disaster,” California Wetfish Producers Association Executive Director Diane Pleschner said in an email. “This determination now makes our sardine fishery eligible for NMFS fishery disaster assistance. We look forward to learning the level of disaster assistance that the Department of Commerce will determine. The fact that relief is coming is very good news.”

NMFS has not determined the allocations for the $20 million in disaster assistance yet, but the final divisions will be pretty small for each entity compared to similar disasters in years past.

For example, the 2016 and 2017 California and Oregon ocean troll Klamath River fall Chinook salmon fisheries were included in the determinations. A similar scenario in 2005 and 2006, in which commercial troll seasons were partially or fully closed due to poor returns of Klamath River fall Chinook, $60.4 million in disaster aid was made available to fishermen, processors and related businesses. Now, those fisheries will have to share part of the $20 million — barring additional funding appropriated by Congress.

Other determinations include the 2017 Yurok and 2016-2017 Hoopa Valley tribes’ Klamath River fall Chinook fisheries; the 2016 Makah ocean coho and Chinook salmon troll fishery in Washington; the 2015 Hoh, Suquamish, Nooksack and Stillaguamish tribes’ coho fisheries in Washington; the 2015 Muckleshoot and Upper Skagit tribes’ coho and pink salmon fisheries in Washington; and the 2015 and 2016 Quileute Tribe coho salmon fisheries in Washington.

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

NEFMC Endorses 2019 U.S./Canada TACs; Receives Groundfish Progress Report

September 27, 2018 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council has accepted 2019 total allowable catches (TACs) for three groundfish stocks on Georges Bank (GB) that the U.S. shares with Canada–Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder. The TACs were recommended by the U.S./Canada Transboundary  Management Guidance Committee (TMGC) based on advice from the U.S./Canada Transboundary
Resources Assessment Committee (TRAC). The U.S. has members on both the TMGC and the TRAC.

The TACs will be included in Framework Adjustment 58 to the Northeast Multispecies Fishery Management Plan, which is still under development. The National Marine Fisheries Service (NMFS, NOAA Fisheries) must approve the TACs before they are implemented.

Read the full release here

MASSACHUSETTS: New herring rules prompt angst at dock

September 27, 2018 — The protections for the Northeast herring fishery enacted this week by the New England Fishery Management Council are not welcome news for Cape Seafoods and could force the Gloucester-based seafood company to change the way it fishes.

The council, meeting this week in Plymouth, voted to supplement severe rollbacks of herring quotas with a new inshore buffer zone aimed specifically at preventing mid-water trawlers — such as 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 voted for cuts in catch levels for the next three years. In 2019, catch levels will be capped at 21,226 metric tons — less than half of the 50,000 metric tons allowed in 2018. Those catch-level reductions and the creation of the buffer zone still must be approved by NOAA Fisheries.

“It’s not good,” Gerry O’Neill, president of Cape Seafoods, said Wednesday. “The majority of fish we catch every year are caught inside that 12-mile buffer. The long and short of it is this is going to have a serious impact on our business and I’m not really sure what we will do to survive it.”

Read the full story at the Gloucester Daily Times

Judge: NOAA can’t regulate fish farming under fisheries law

September 27, 2018 — A federal judge in New Orleans has thrown out the National Oceanic and Atmospheric Administration’s rules for fish farms in the Gulf of Mexico, saying the agency lacked authority to make them.

Tuesday’s ruling halts a plan that would have allowed, “for the first time, industrial aquaculture offshore in U.S. federal waters,” according to the Center for Food Safety , which sued NOAA on behalf of what U.S. District Judge Jane Triche Milazzo described as “a bevy of special interest groups representing both food safety advocates and Gulf fishermen.”

The government considers fish farming, including that on the open sea, to be “vital for supporting our nation’s seafood production, year-round jobs, rebuilding protected species and habitats, and enhancing coastal resilience.” Opponents say huge numbers of fish confined in nets out in the ocean could hurt ocean health and native fish stocks, and the farms would drive down prices and devastate commercial fishing communities.

“It’s a landmark decision,” George Kimbrell, lead counsel for the Center for Food Safety, said in a telephone interview from San Francisco.

“NOAA wanted to do this sort of industrial permitting not just in the Gulf of Mexico but in the Pacific and along the Atlantic coast,” he said.

The agency was working on rules for waters around Hawaii and other Pacific islands.

NOAA is considering whether to appeal the ruling handed down Tuesday, it said in an emailed statement.

The decision doesn’t forbid aquaculture, the statement emailed by spokeswoman Jennie Lyons noted. “NOAA remains committed to expanding the social, environmental, and economic benefits of sustainable marine aquaculture in the U.S.” it said.

Read the full story from the Associated Press at The Washington Post

Right Whale Rules May Have Worsened Fishing Gear Entanglements

September 26, 2018 — A report by federal scientists says it’s time for a new look at regulations that aim to protect the endangered North American right whale — because they aren’t working and may have made things worse.

Over the last decade, regulators required lobstermen to change their gear and reduce the overall number of traplines in U.S. waters. But the new 30-page National Oceanic and Atmospheric Administration technical memo finds that a 2015 rule requiring fewer trap lines in the water — with more traps per line in some areas — meant lobstermen had to use stronger lines to accommodate the increased loads. The tougher rope may have unintentionally contributed to an increase in the severity of potentially deadly entanglements with right whales.

They also find that as lobster seek cooler waters farther offshore, lobstermen are following them, right into likely whale travel lanes. Meanwhile, right whales are changing their patterns, too, swimming longer distances to forage for increasingly unpredictable prey species.

Read the full story at Maine Public

City leaders angered by US government action against former Rafael captains

September 26, 2018 — A recent action by the US National Oceanic and Atmospheric Administration (NOAA) to punish 22 captains of fishing vessels owned by convicted New England fishing mogul Carlos Rafael crosses the line, believe some important figures in the city of New Bedford, Massachusetts, the South Coast Today reports.

Last week NOAA filed a 51-page superseding charging document that added 20 of Rafael’s ship captains to the list of the two previously charged with violating a long list of fishing-related regulations. It seeks the revocation of 17 of the captains’ operator permits.

The captains have 30 days to request modifications to the charges against them, administrative hearings to challenge the charges, or additional time to respond.

NOAA’s latest move, which also includes increasing civil money penalties from about $1 million to $3m, builds on a civil action filed in January.

Rafael began serving a 46-month sentence in November after pleading guilty in March 2017 to operating a long-running scheme through which he submitted falsified records to the federal government to evade federal fishing quotas.

Read the full story at Undercurrent News