Saving Seafood

Federal court ruling requires NMFS to improve sea turtle monitoring in Atlantic scallop fishery

October 6, 2020 — A federal court has ruled in favor of an Oceana challenge to National Marine Fisheries Service (NMFS) rules regarding the incidental take of endangered sea turtles in the U.S. Atlantic scallop fishery, siding with the nonprofit in its assertion that the rules are inadequate.

The ruling, according to Oceana, is the latest in a “decades-long effort” by the nonprofit to ensure the scallop fishery “minimizes its harmful impacts on sea turtles.” The ruling will require the NMFS to revise its incidental take statement (ITS) to either more thoroughly explain the surrogate information, or revise its selections.

Read the full story at Seafood Source

Trump plan to allow seismic blasts in Atlantic search for oil appears dead

October 2, 2020 — The Trump administration’s plan to drill off the Atlantic Coast for the first time in more than half a century is on the brink of collapse because of a court development Thursday that blocked the first steps to offshore oil and gas exploration, as well as the president’s recent actions that undermine his own proposal.

Opponents of the drilling declared victory on Thursday after the government acknowledged that permits to allow seismic blasting in the ocean — the first step toward locating oil deposits for drilling — will expire next month and not be renewed.

Nine state attorneys general and several conservation groups filed a federal lawsuit early last year to block seismic blasting, arguing it could harm endangered whales and other marine animals. The court battle dragged out so slowly that, in the meantime, time ran out on the permits.

Donna Wieting, director of the National Marine Fisheries Service, a division of the National Oceanic and Atmospheric Administration, said in a court declaration, released Tuesday, that her agency “has no authority to extend the terms of those [permits] upon their expiration. Further, NMFS has no basis for reissuing or renewing these [permits].” The five companies that were granted permits would have to restart the months-long process leading to approval or denial, Wieting said.

Also on Thursday, U.S. District Judge Richard Gergel of South Carolina held a telephone conference with all parties of the lawsuit to determine how to move forward. The judge is expected to declare the case moot because the seismic mapping cannot occur without the permits, said Michael Jasny, who was on the call and is director of the Marine Mammal Protection Project at the Natural Resources Defense Council.

Read the full story at The Washington Post

PFMC: Pre-Assessment Workshop to be held online October 26-27, 2020

October 1, 2020 — The following was released by the Pacific Fishery Management Council:

The Pacific Fishery Management Council’s (Pacific Council) and the NMFS Northwest Science Center will hold an online workshop to review data and analyses proposed to inform new assessments for Dover sole, copper rockfish, quillback rockfish, and squarespot rockfish scheduled to be conducted next year, which is open to the public.  The meeting will be held Monday, October 26, 2020, starting at 12:30 p.m. (Pacific Daylight Time) and ending at 4:30 p.m., or until business for the day is complete.  The pre-assessment workshop will continue on Tuesday, October 27, 2020 beginning at 12:30 p.m. and continuing until 4:30 p.m. or until business for the day has been completed.

Please see the Workshop meeting notice on the Council’s website for participation details.

For further information:

  • Please contact Pacific Fishery Management Council staff officer John DeVore at 503-820-2413; toll-free 1-866-806-7204.

Nation’s Fishery Councils Recommend Ways to Support American Seafood, Improve Coordination with NMFS

September 30, 2020 — An executive order, changes to National Environmental Policy Act measures, guidance related to overfishing and a National Seafood Council were among several issues fishery leaders from around the country discussed last week. The biannual meeting of the Council Coordination Committee was held virtually, but hosted by Western Pacific Regional Fishery Management Council.

Leaders from all eight regional councils had the opportunity to talk with National Marine Fisheries Service managers during the open public meeting.

Read the full story at Seafood News

NEFMC Adopts 2021-2023 Herring Specifications; Adjusts Herring Measures to Facilitate Mackerel Harvest

September 30, 2020 — The following was released by the New England Fishery Management Council:

During the first day of its September 29-October 1, 2020 webinar meeting, the New England Fishery Management Council took final action on Framework Adjustment 8 to the Atlantic Herring Fishery Management Plan. Next, the framework will be submitted to the National Marine Fisheries Service (NMFS/NOAA Fisheries) for review and final approval.

Framework 8 contains two parts:

  • Specifications for the 2021-2023 fishing years for Atlantic herring; and
  • Adjustments to measures in the herring plan that potentially inhibit the Atlantic mackerel fishery from achieving optimum yield (OY).

Read the full release here

Court Rejects Pacific Choice Appeal on Non-Whiting Groundfish Quota Holdings

September 29, 2020 — The U.S. Court of Appeals for the Ninth Circuit rejected an appeal from Pacific Choice Seafood Company challenging the National Marine Fisheries Service rule on single-entity quota cap in the non-whiting groundfish fisheries off the West Coast.

The panel affirmed the district court’s summary judgment entered in favor of NMFS rule, limiting the total allowable catch and prohibiting any one entity from controlling more than 2.7 percent of the outstanding quota share.

Read the full story at Seafood News

WPRMFC gives Trump Administration suggestions to promote seafood

September 28, 2020 — The Western Pacific Regional Fishery Management Council (WPRMFC) has suggested actions to the Trump Administration in order to “promote seafood competitiveness and economic growth and to provide regulatory relief to support economic recovery for the offshore fisheries of Hawai’i, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands and eight Pacific Remote Islands (PRIAs),” according to a WPRFMC press release.

Two parties voted against the proposals: the council member representing the Hawai’i State Department of Land and Natural Resources, as well as the National Marine Fisheries Service (NMFS) Pacific Islands Regional Administrator.

Read the full story at Seafood Source

Senate bill would establish U.S. offshore aquaculture rules

September 28, 2020 — A bill newly introduced in the Senate would establish a federal regulatory system for offshore aquaculture, opening a pathway to large-scale fishing farming in the U.S. exclusive economic zone.

Sponsored by Sens. Roger Wicker (R-Miss.), Brian Schatz (D-Hawaii) and Marco Rubio (R-Fla.), bill S-4723 would clear the way for the Department of Commerce in its drive to create new aquaculture zones – an effort so far stymied by the federal courts.

In an Aug. 3 decision, the Fifth Court of Appeals upheld a 2018 lower court ruling that the Department of Commerce and NMFS lack legal authority to issue permits for aquaculture in the Gulf of Mexico.

In its 2-1 decision, the appeals panel found in favor of critics who argued the Magnuson-Stevens Fishery Conservation and Management grants the agency no power to permit fish farming in federal waters.

“If anyone is to expand the 40-year-old Magnuson-Stevens Act to reach aquaculture for the first time, it must be Congress,” according to the court’s opinion.

Read the full story at National Fisherman

Nation’s Fishery Management Councils Recommend Ways to Support American Seafood, Improve Coordination with National Marine Fisheries Service

September 28, 2020 — The following was released by the Western Pacific Regional Fishery Management Council:

Leaders of the nation’s eight Regional Fishery Management Councils concluded their second biannual meeting in 2020 yesterday by videoconference. The Council Coordination Committee (CCC) meeting provides the Councils and heads of the NOAA National Marine Fisheries Service (NMFS, also known as NOAA Fisheries) an opportunity to discuss issues relevant to all of the Councils. Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), each Council is authorized to develop, monitor and amend fishery management plans for federally managed fisheries in its region. Once approved by the Secretary of Commerce, these plans are implemented by NMFS. The two-day meeting was open to the public and hosted by the Western Pacific Council. Among its recommendations, the CCC addressed President Trump’s Executive Order (EO) 13921 on Promoting American Seafood Competitiveness and Economic Growth, new National Environmental Protection Act (NEPA) measures issued by the White House Council on Environmental Quality (CEQ), and NMFS coordination on a proposed National Seafood Council and on overfishing technical guidance.

EO 13921 aims to strengthen the American economy, improve the competitiveness of American industry, ensure food security, provide environmentally safe and sustainable seafood, support American workers, remove unnecessary regulatory burdens and ensure coordinated, predictable and transparent Federal actions. At its May 2020 meeting, the CCC released a preliminary joint statement, and, subsequently, each Council provided its own regional recommendations or status in the process of identifying potential changes to regulations, orders, guidance documents and other similar agency actions. The May 2020 CCC letter highlighted the consequences of marine national monuments on the Nation’s fisheries and can be found at www.fisherycouncils.org/ccc-correspondence. Yesterday, the CCC requested that NMFS continue to brief the CCC and the individual Councils on the review and implementation of their recommendations.

EO 13921 also includes actions for more effective permitting related to offshore aquaculture and long-term strategic planning to facilitate aquaculture projects. Taking this into account, the CCC yesterday recommended that its consensus statement on aquaculture be revised and considered for review at the next CCC meeting planned for May 2021.

The CCC also recommended that NMFS coordinate with the Councils to release the aquaculture programmatic environmental impact statement (EIS) for public comment. The EIS assesses the impacts of siting aquaculture facilities. The CCC further recommended that NMFS, prior to identification of Aquaculture Opportunity Areas (AOA), provide the spatially referenced data used to identify the AOAs and that the Councils be included on the AOA implementation teams.

Another initiative to support and increase the value of sustainably managed U.S. fisheries is an industry-led National Seafood Council that the NMFS Marine Fisheries Advisory Committee recently recommended. In regard to this proposal, the CCC requested that NMFS evaluate the NOAA FishWatch criteria for the purpose of serving as an equivalent to third-party certification deeming U.S. fishery products as sustainable. The CCC requested that NMFS report on the utility of FishWatch for this purpose and any possible alternatives by the May 2021 CCC meeting. Information on NOAA FishWatch can be found at www.fishwatch.gov.

Several other recommendations by the CCC focused on improving coordination between the Councils and NMFS.

The CCC moved to create a CCC subcommittee to make recommendations to NMFS in developing guidance on the new NEPA rule announced by CEQ on July 15, 2020. Such guidance could include determining and implementing the functional equivalency provision of the new rule, which would address current duplication in MSA and NEPA requirements. Signed into law in 1970, NEPA requires Federal agencies to consider the environmental effects of proposed major Federal actions significantly affecting the quality of the human environment.

The CCC requested that NMFS circulate draft reports of its National Standard 1 Technical Working Groups through the Councils with sufficient time for the Councils to consult with their Scientific and Statistical Committees and develop a response through their full Councils. The MSA contains 10 National Standards. Standard 1 says conservation and management measures must prevent overfishing while achieving, on a continuing basis, optimum yield from each fishery for the U.S. fishing industry. The issues addressed by the Working Groups were estimating fish population reference points, quota carry-over and phased-in catch limits, and alternative management approaches due to data limitations.

The CCC also requested that the NMFS Office of Sustainable Fisheries form a working group comprised of NMFS and Council staff members to determine alternative approaches to the use of annual catch limits (ACLs) to manage data limited stocks. The 2006 reauthorization of the MSA mandated that overfishing be addressed through enforceable ACLs that cannot exceed scientific recommendations. Alternative approaches identified in the CCC recommendation include those that are based on fishing mortality rates, fish lengths and fishing trip limits, among others.

For more information on the CCC meeting, go to http://www.fisherycouncils.org/ccc-meetings/september-2020-ccc-meeting.

SCEMFIS Research Provides New Insights on Gray Seals; Suggests Alternatives to Current Management

September 28, 2020 — The following was released by the Science Center for Marine Fisheries:

Decades of strict conservation and management have led to a rebound of gray seals in the North Atlantic. Now, research from the Science Center for Marine Fisheries (SCEMFIS) is providing new insights into this population, how local fisheries interact with them, and better options to manage them.

The study, led by Drs. Doug DeMaster, Paula Moreno, Andre Punt, and John Brandon of the Independent Advisory Team for Marine Mammal Assessments, is evaluating how interactions with regional fisheries, specifically the New England sink gillnet and bottom trawl fisheries, affect the gray seal population. Revising estimates for key parameters such as abundance, levels of bycatch, and the proportion of seals crossing between the U.S. and Canada, the study is providing alternative approaches for the National Marine Fisheries Service (NMFS) to estimate Potential Biological Removal (PBR) levels. PBR determines the number of gray seals that can be removed annually by human activities without threatening the conservation status of the stock.

Preliminary results from the study find that calculations made by NMFS to determine the PBR threshold are likely too conservative. Specifically, it finds that NOAA’s estimate of gray seal productivity, a key metric in determining PBR, is too low by approximately 17 percent. It also finds that NOAA is likely being overly conservative in how it classifies at least one fishery, based on productivity, bycatch levels and assumptions regarding transboundary movements of gray seals between the U.S. and Canada.

Under the U.S. Marine Mammal Protection Act (MMPA), bycatch is strictly managed based on PBR levels, and fisheries are often required to adopt burdensome mitigation strategies as a result. Having an accurate estimate of the seal population that is interacting with commercial fisheries, and setting an appropriately precautionary estimate of PBR, is critical not just for seals, but for the fisheries that interact with them.

“With the gray seal population continuing to grow, the fishing industry is increasingly concerned about bycatch and other issues that come from seal interactions,” said Greg DiDomenico, a member of SCEMFIS’ Industry Advisory Board. “The results of this study will provide options for managing gray seals that are both consistent with federal conservation goals and may be helpful in avoiding unnecessarily burdensome regulations on fishermen.”

Read the full release here