Saving Seafood

US Justice Department asks federal court to dismiss American Samoa lawsuit

May 3, 2016 — The U.S. Justice Department has asked the federal court in Honolulu to dismiss with prejudice the Territory of American Samoa’s lawsuit, which seeks to overturn a ruling made in February this year by the U.S. National Marine Fisheries Service or NMFS that reduces the Large Vessel Protected Area or from 50 miles to 12 miles in the waters of American Samoa.

A dismissal “with prejudice” would mean the plaintiff — in this case, American Samoa — will be barred from bringing action on the same claim again.

The Large Vessel Protected Area or LVPA, implemented in 2002, was reserved for the locally based alia or fishing boat, but the Western Pacific Regional Fishery Management Council had argued that the number of local alias has declined over the years, to number less than 10 in 2014. The council then recommended that the NMFS issued its final rule on Feb. 3, 2016 to allow U.S. longline vessels to fish in portions of the LVPA.

According to NMFS, the intent of the rule is to “improve the viability of the American Samoa longline fishery and achieve optimum yield from the fishery while preventing overfishing….”

However, American Samoa said the NMFS — in promulgating the final LVPA — “acted arbitrarily by asserting a rationale to support the new rule that is contrary to the evidence in the record.”

It asked the court to vacate the NMFS rule and declare that, among other things, the final LVPA rule is inconsistent with the Deeds of Cession, and therefore violates the Magnuson-Stevens Fishery Conservation and Management Act and the Administrative Procedure Act.

Read the full story from the Marinas Variety

Proposal For Observers Could Further Hurt U.S. Purse Seiner Fleet

PAGO PAGO, American Samoa — May 3, 2016 — A new fishery rule that the federal government is moving to implement is expected to deal another financial blow to the US purse seiner fleet, which is already faced with stiff competition from foreign vessels such as the Chinese fleet, who are subsidized by their government, China.

US National Marine Fishery Service (NMFS) has proposed a rule which would require Observers to be on board US purse seiners fishing in the western and central Pacific ocean (WCPO).

The proposal was issued last week under authority of the Western and Central Pacific Fisheries Convention Implementation Act. It is a three-pronged proposed rule, which includes a move to establish restrictions in 2016 and 2017 on the use of fish aggregating devices (FADs) by U.S. purse seine vessels in the WCPO; and to establish limits in 2016 and 2017 on the amount of bigeye tuna that may be captured by U.S. longline vessels in the WCPO.

According to NMFS, this longline vessel big eye tuna proposal would not apply to American Samoa and the other two US Pacific territories, as they have their own federal programs.

NMFS says the proposed action is necessary to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.

NMFS is now seeking public comments on the three-pronged proposed rule-making, and deadline for comment submission is May 12. Details are available online on federal portal: www.regulations.gov.

Read the full story at the Pacific Islands Report

Flounder Are Vanishing

April 29, 2016 — With winter flounder said to be almost nonexistent, Anne McElroy of Stony Brook University’s School of Marine and Atmospheric Sciences asked the East Hampton Town Trustees at a meeting on Monday to endorse the collection of data this summer in Napeague Harbor to find out why.

Ms. McElroy said not only were recreational landings of adult winter flounder in New York’s inland waters almost nonexistent but mortality for juveniles appears higher in Long Island waters than elsewhere. The study being planned would be funded by the National Marine Fisheries Service and include a random survey of waterways from Napeague to Jamaica Bay. The goal, she said, is to incrementally rebuild the stocks.

Genetic studies in 2010 and 2011 had found that winter flounder in Long Island waters come from a very small parental stock, she said. As few as 1,200 fish contributed to the individuals at six study sites across the island, with fewer than 200 contributing in some bays. “This was very troubling. The more diversity in the gene pool, the more ability to respond to changes in the environment,” she said.

The Stony Brook team is to count and measure all winter flounder to estimate mortality and to take samples from up to 50 fish to assess responses to stress, among other factors affecting the fishery. A caging study in three areas of Shinnecock Bay will collect up to 450 additional fish in an effort to determine optimum locations for caged fish, an effort to shield juveniles from predators. Mortality rates in and outside the cages will be measured, along with dissolved oxygen, salinity, and temperature.

Read the full story at the East Hampton Star

U.S. Tuna Industry Objects To New Proposed Labeling

April 29, 2016 — PAGO PAGO, American Samoa — Tri Marine International, whose local operations include a tuna cannery, and National Fisheries Institute (NFI) both contend that the new interim final rule by the federal government on dolphin safety labeling is due to a recent sanction of the US by the World Trade Organization in a long standing case which pits the US against its neighbor, Mexico. They say it is an unfair and unproductive burden to U.S. seafood companies that does not resolve the protracted WTO litigation, nor improve on the existing dolphin-safe operational performance.

Industry officials told Samoa News that the new interim final rule (or IFR) will only increase operational costs for the US tuna canneries, who are already faced with stiff global competition, and that the US canneries have been adhering to dolphin safe labeling standards set by the federal government for many years.

This was echoed by NFI president, John P. Connelly in an Apr. 22 letter to the National Marine Fisheries Service (NMFS), who is seeking public comment on the IFR for “enhanced document requirements and captain training requirements to support use of the dolphin safe label on tuna products.”

“Consumers purchasing canned and pouched tuna from Bumble Bee Foods, Chicken of the Sea, and StarKist should be confident that the ‘dolphin-safe’ label the retail packaging bears means just that,” Connelly wrote.

The three canneries are the major US producers of tuna products.

Read the full story at the Pacific Islands Report

Feds continue to discuss potential new regulations for turtle excluder devices

April 22, 2016 — The federal government is considering new requirements and regulations for turtle excluder devices to reduce sea turtle bycatch in shrimp fisheries.

Michael Barnett, a fisheries biologist with the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, said it has been documented that there are an abundance of turtles in the Gulf of Mexico in the same areas and at the same times that skimmer trawl fisheries operate.

Through the use of TEDs and protecting nesting sites, turtle populations have had a “dramatic increase,” Barnett said. However, with a number of catches being seen in skimmer trawls, it is necessary for NOAA to look into rules regarding bycatch in skimmers.

Notably from the data already collecting, Barnett said, is that the turtles being seen in the bycatch were small, young turtles that could have passed through the 4-inch bar spacing of standard TEDs.

Read the full story at Houma Today

Council Approves Changes to Scup Gear-Restricted Areas

April 21, 2016 — The following was released by the Mid-Atlantic Fishery Management Council:

During a meeting last week in Montauk, New York the Mid-Atlantic Fishery Management Council approved a framework action to modify the boundary of one of the region’s two Scup Gear Restricted Areas (GRAs). The proposed change to the Southern Scup GRA boundary is expected to increase the availability of longfin squid to small-mesh fisheries.

The GRAs were implemented in 2000 and are intended to reduce discard mortality of juvenile scup. The current GRA regulations include a Northern GRA, which is effective from November 1 through December 31, and a Southern GRA, which is effective from January 1 through March 15. Trawl vessels which fish for or possess longfin squid, black sea bass, or silver hake (also known as whiting) are required to use mesh 5 inches or larger in the GRAs during those times of the year. The scup stock has expanded substantially since the GRAs were first implemented, and analysis conducted by scientists at the Northeast Fisheries Science Center indicate that the GRAs were partially responsible for this rebuilding.

The GRAs have been modified several times in response to requests from commercial fishermen. In recent years, advisors have recommended further modification of the GRAs to restore access to certain areas for longfin squid fishing, arguing that modifications to the GRA boundaries would not harm the scup stock

In response to an industry request, the Council initiated a framework action in 2014 to address potential changes to the scup GRAs. The framework considered a range of alternatives, including modifications to the GRA boundaries and elimination of one or both GRAs.

After a lengthy discussion of the impacts of the proposed alternatives, the Council voted to modify the boundary of the Southern Scup GRA. The proposed change, shown in Figure 1, is based on a proposal developed by members of the Council’s Summer Flounder, Scup, and Black Sea Bass Advisory Panel.

“By increasing access to important fishing grounds, the Council balanced the concerns of the squid industry with the possible impacts on the scup stock,” said the Council’s Executive Director, Chris Moore. “If the modification is approved by NMFS, the Council will be working closely with NMFS to monitor scup discards to make sure that mortality of juvenile scup does not increase as a result.”

Read the release and see the chart at the Mid-Atlantic Fishery Management Council

West Coast Catch Share Program Failure Keeps Vessel Off Fishing Grounds for 2016 Season

SEAFOOD.COM NEWS [SeafoodNews] By Susan Chambers – March 21, 2016 — Criticism that the West Coast catch shares program is underperforming came to the forefront recently at the Pacific Fishery Management Council meeting in Sacramento.

West Coast trawlers have been operating in fear of a “disaster tow” or “lightning strike” of a choke species since the beginning of the individual quota program in 2011. And for the F/V Seeker, a disaster tow of 47,000 pounds of canary rockfish – a species at the time listed as overfished — in November 2015 will prevent it from fishing for all of 2016.

The Seeker’s misfortune is an extreme example of the program’s failure, particularly for those fishing in the non-whiting sector.

Jeff Lackey, who manages the vessel, testified to the PFMC the vessel is in a bind and already has made plans to fish in Alaska for most of 2016 and return to fishing off the West Coast in 2017. The Seeker fishes in both the non-whiting shoreside sector and in the whiting mothership sector.

The Seeker is a victim of several features of the current regulatory system in the West Coast individual quota program.

First, current vessel limits prohibit the Seeker from acquiring enough quota to solve its deficit.

Second, canary rockfish was listed as overfished for more than a decade but an assessment accepted by the council in 2015 shows canary rockfish has been rebuilt.

And third, the PFMC’s management process operates on a two-year cycle, with no way to change annual catch limits (ACLs) mid-cycle.

“[The F/V Seeker] is not the only one,” Pete Leipzig, director of the Fishermen’s Marketing Association, told the Council. Other trawlers have come up against vessel limits for other species that have prevented them from fishing for some time, but none have been confronted with the extremity of the Seeker’s situation.

The vessel limits were designed to prevent consolidation of the fleet. Bycatch of choke species have prevented many vessels from capturing target fish. Fear of a disaster tow — one so extreme that a quota pound deficit cannot be covered in the existing fishing year — has limited trading of quota as fishermen hoard these species to cover their fishing operations for the year.

The biennial management cycle only complicates matters. Several years ago, the PFMC instituted two-year management cycles to streamline the management and regulations process, with stock assessments being conducted in off-year cycles. For instance, the council and the National Marine Fisheries Service set annual catch limits for 2015 and 2016 at the same time. Stock assessments are done and presented to the council for acceptance in odd years.

The council accepted the canary rockfish assessment in 2015. ACLs could double for the species were it not for the two-year management cycle.

There is no mechanism to allow the council or NMFS to increase the 2016 annual catch limits for canary in 2016. If higher ACLs would have been allowed this year, the Seeker’s deficit could have been covered and it would be fishing this year.

The Seeker is a member of the Newport, OR based Midwater Trawlers Cooperative. The organization proposed a solution to the Seeker’s problem: use an alternative compliance option that was eliminated during the development of the catch shares program. It would have been available for overly restrictive events, such as the Seeker’s, but still hold fishermen accountable. The council opted not to move forward with examining that option at this time.

This is the new reality of the West Coast individual quota program: rebuilding species will be encountered more frequently and fishermen could be held to conservative annual catch limits for a year or more if they experience an infrequent disaster tow and have insufficient quota to cover their deficit.

“As the regulations are currently written, any vessel that experiences the same situation would likely have to sit out of the shoreside trawl program for several years … This seems overly punitive and raises equity concerns,” Heather Mann, executive director of the MTC, wrote in a public comment letter to the council.

Although the Council took no action to try to remedy the situation in March, the issue is sure to come up again as the Council begins the five-year program review in June.

Between 2011 and 2015, the non-whiting shoreside quota program has harvested only between 20 and 35 percent of its annual quota. The industry has identified several dozen changes it would like to see implemented in an effort to make the program work.

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

Feds withdraw eel fishing moratorium for Delaware

March 16, 2016 — DOVER, Del. (AP) – The National Marine Fisheries Service says it is withdrawing a federal moratorium on fishing for American eel in the state waters of Delaware.

The agency withdrew the moratorium effective Tuesday after concluding that Delaware is in compliance with the Atlantic States Marine Fisheries Commission’s eel management plan.

Regulators determined last year that Delaware was out of compliance because it had not implemented regulations to rebuild depleted eel stocks and to prevent over-harvest.

Read the full story at WMDT

Saving Atlantic salmon will require Greenland’s help

March 13, 2016 (AP) — Preventing the long-imperiled Atlantic salmon from disappearing from American waters will require the U.S. to put pressure on Inuit fishermen in Greenland to stop harvesting a fish that has fed them for hundreds of years, federal officials say.

The salmon were once found from Long Island Sound to Canada, but their population has cratered in the face of river damming, warming ocean waters, competition for food with non-native fish and, officials say, continued Greenlandic fishing.

Now, federal officials have outlined an ambitious plan to try to save the Atlantic salmon that they say will require removing dams, creating fish passages and fostering cooperation with Inuit fishermen some 2,000 miles away from Maine, where most of America’s last wild Atlantic salmon spawn.

“We’ve tried everything possible to negotiate with Greenland to find alternatives to find out how they can lessen impacts on U.S. fish,” said Dan Kircheis, a fisheries biologist with the National Marine Fisheries Service. “This is part of their culture, this is part of who they are, this is something they’ve always done. We are trying to work with them to realize the fish they are fishing for originate in Canada, in U.S. waters, in Europe, and these populations are in decline.”

Read the full story from the Associated Press at Portland Press Herald

The West Coast Challenge

March 9, 2016 — Fisheries on the West Coast of America have come under intense pressure after closures and a dramatic fall in stock levels. Adrian Tatum looks at the challenges over the last few years.

Sometimes when something is broken it seems almost impossible to fix. Commercial fishing on the West Coast of America is far from broken but parts of it do need fixing.

Nearly a year ago its commercial sardine fishery was closed after the population of Pacific sardines had fallen to alarming levels. In April last year, scientists made a recommendation for full closure after the population was estimated to be below 150,000 tonnes. It has been a dramatic decline, as in 2007 there were 1.4 million tonnes.

The sardine fishery has not only been a major revenue source for West Coast fishermen, but many other species of fish such as tuna also rely on a plentiful supply for food. Scientists believed that by closing it last year it would give the population a chance to recover. But just last month, it was revealed that the sardine population has not recovered, and is in fact still declining at a fast rate. Scientists from the National Marine Fisheries Service say that by the summer, the population is likely to be 33% lower than in 2015.

Bycatch reduction

Like most fisheries around the world, West Coast fishermen are facing up to a bycatch reduction plan. The North Pacific Fishery Management Council is considering a plan which would allocate individual bycatch caps to groundfish vessels in the Gulf of Alaska rather than targeting specific large species. Back in 2011, the council passed a series of salmon and halibut bycatch reductions which angered fleet owners and fishermen. Now many Gulf of Alaska fishermen feel the recent changes will have a ‘crippling’ affect on its groundfish fleet.

Approximately 85% of the North Pacific groundfish fisheries are rationalised. This means fish quotas are assigned to individual vessels or fishing cooperatives. It is widely believed by some experts that this is the best way to ensure minimal bycatch, meaning vessels can fish without a time limit and are therefore more likely to avoid some of the endangered species such as salmon and halibut. But this process can also have a negative effect on the industry. Recent years have seen rationalisation being applied to the Bering Sea crab fishery where the number of boats fishing for crab fell by two thirds in just one year, with the loss of over 1,000 jobs.

Read the full story at World Fishing & Aquaculture