Saving Seafood

President Biden signs American Fisheries Advisory Committee Act into law

May 12, 2022 — This morning, President Biden signed into law Senate Bill 497, the “American Fisheries Advisory Committee Act,” which “requires the Department of Commerce to establish an American Fisheries Advisory Committee to assist in the awarding of fisheries research and development grants,” restore the voice of the fisheries’ most important stakeholders, and support the long-term vitality of American-caught seafood.

The Saltonstall-Kennedy (S-K) Act of 1954 established a program to provide funding for fisheries marketing, research, and development. The program is funded by a permanent appropriation of 30% of the previous calendar year’s customs receipts from imports of fish products. These funds have grown steadily from $26.7 million in 1980 to $182.8 million in 2020.

But since the early 1980s, Congress has directed NOAA’s National Marine Fisheries Service (NMFS) to use these funds for stock assessments, fishing information networks, survey and monitoring projects, cooperative research, and “interjurisdictional functions.”

In 2021, only $11 million was left for grants to support the fishing industry. Critics have questioned whether this allocation reflects the original intent of the S-K Act.

To inform how grant funds are allocated, Congress originally authorized a group of experts from different segments of the fishing industry to advise on commercial fishing problems and needs. Following a 1972 law, the original American Fisheries Advisory Committee was disbanded. In the committee’s absence, NMFS decides, by its own criteria, who receives grants. Critics have questioned whether the priorities of commercial fishermen match those of NMFS, and whether the S-K Grant Program is addressing the needs and priorities of the domestic fishing industry.

The American Fisheries Advisory Committee Act reestablishes a board of experts, with members chosen regionally and across all sectors of the fishing industry, to bring fishermen back into the process of identifying needs and funding priorities.

S. 497 was sponsored by Senator Dan Sullivan (R-Alaska), a member of the Senate Commerce, Science and Transportation Committee, and cosponsored by Senators Lisa Murkowski (R-Alaska), Elizabeth Warren (D-Mass.), Ed Markey (D-Mass.), Maria Cantwell (D-Wash.), Marco Rubio (R-Fla.), and Raphael Warnock (D-Ga.).

More information about the Saltonstall-Kennedy grant program is available in this July 14, 2020 Congressional Research Service “Background and Issues” report by Harold F. Upton.  https://sgp.fas.org/crs/misc/R46335.pdf

 

Gulf of Mexico commercial fishing groups sue US government over red grouper reallocation

May 11, 2022 — Gulf of Mexico commercial-fishing groups have filed suit against the U.S. government, alleging a reallocation of red grouper catch shares illegally favors the recreational-fishing sector.

The lawsuit, filed Friday, 6 May, challenges the National Marine Fisheries Service’s implementation of Amendment 53, which was announced on Monday, 2 May and which is set to come into effect 1 June, 2022. The new rule amends the fishery management plan for reef fish resources in the Gulf of Mexico so that the allocation of the red grouper catch to the commercial sector is lowered from 76 percent to 59.3 percent, while increasing the recreational catch-share from 24 percent to 40.7 percent.

Read the full story at SeafoodSource

 

New rules spell trouble for Maine lobstermen, with or without enforcement

May 5, 2022 — Though a new rule from the National Atmospheric and Oceanic Administration affecting the gear lobster fisherman can use has gone into effect, it will not yet be enforced.

As of May 1, lobster fishermen fishing in federal waters are now required to use ropes with weak points approved by the National Marine Fisheries Services (NMFS) that will break if a whale becomes entangled in them.

The rule requiring the gear was part of a final rule announced by NOAA on August 31, 2021 amending the agency’s Atlantic Large Whale Take Reduction Plan, which attempts to reduce the number of injuries and deaths to North Atlantic right whales, listed as endangered under the Endangered Species Act.

Read the full story at Maine Wire

 

Feds move to protect deadliest shark

April 29, 2022 — Wire leaders will no longer be legal in the waters around the Hawaiian archipelago after the National Marine Fisheries Service prohibited its use to cut down on the accidental deaths of the threatened whitetip shark.

“In an effort to improve survival of oceanic whitetip sharks unintentionally caught in the FEP longline fisheries, this rule prohibits the use of wire leaders, specifically steel wire line within 1 meter of the hook, in the Hawaii deepset fishery,” the National Marine Fisheries Service said in publishing a final rule on Wednesday.

Wire leaders are used by commercial and sport fishermen to ensure that predatory fish are not able to bite through the line when ensnared. The rule is relevant throughout the longline fisheries in the waters off of the Hawaiian Islands.

Read the full story at Courthouse News Service

 

Northeast midwater trawl exclusion zone won’t be enforced – for now

April 21, 2022 — The New England inshore waters are effectively open again for midwater trawling, after the National Marine Fisheries Service decided not to enforce the exclusion zone struck down by a federal court ruling.

In a terse email advisory Thursday, NMFS officials said a March 29 order by U.S. District Court Judge Leo Sorokin now means the restricted area regulations – a key feature of Amendment 8 to the Atlantic Herring Fishery Management Plan – means “the inshore midwater trawl restricted area regulations are not in effect and will not be enforced.

“NOAA Fisheries retains its opportunity to seek review of the court’s vacatur order, including to seek a stay of the court’s vacatur order pending appeal, and is considering its options,” according to the agency statement.

Read the full story at National Fisherman

 

News Release: Pacific Fishery Management Council Adopts 2022 West Coast Ocean Salmon Seasons

April 13, 2022 — The following was released by the Pacific Fishery Management Council:

The Pacific Fishery Management Council has adopted ocean salmon recommendations for 2022.  The seasons provide recreational and commercial opportunities for most of the Pacific coast and achieve conservation goals for the numerous salmon stocks on the West Coast.

The recommendations will be forwarded to the National Marine Fisheries Service (NMFS) for approval by May 16, 2022.

The decision must be approved by NMFS.  Coastal states will adopt fishery regulations for state-managed waters that are compatible with the Council’s actions.

Download the full April 13, 2022 press release available from the Council’s website..

Contact:

•Robin Ehlke, Salmon Staff Officer, robin.ehlke@noaa.gov

•Mike Burner, Deputy Director, mike.burner@noaa.gov

•Council Office 503-820-2280 (toll free: 1-866-806-7204)

 

WPRFMC Asks for Remedies to Long-Standing Issues in Western Pacific Region

March 25, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

At the Western Pacific Regional Fishery Management Council meeting today, Chair Archie Soliai reiterated concerns about NOAA Pacific Islands Regional Office (PIRO) delays in completing Endangered Species Act (ESA) consultations for the region’s longline and bottomfish fisheries.

“Our experience with ESA consultations over the last several years have left us with the impression that our Council process is not respected,” emphasized Soliai. “The Council is here to ensure the sustainability of our region’s fishery resources as mandated by the Magnuson-Stevens Act.” Soliai added, “We ask PIRO to provide us with realistic timelines and meaningful dialogue, so we may work together to complete these biological opinions and ensure that our fisheries can continue to operate in compliance with ESA.”

The Council will convey its concerns to Janet Coit, assistant administrator for the National Marine Fisheries Service (NMFS), requesting assistance so biological opinions are completed in coordination with the Council.

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The Council believes the existing Mariana Trench Marine National Monument (MTMNM) management plan should be implemented ahead of any national marine sanctuary nomination in the Marianas, as it may provide protections the nomination seeks. The MTMNM boundaries, including the omission of the water column, already reflects the Commonwealth of the Northern Mariana (CNMI) government’s management needs.

Council comments in February to NOAA’s Office of National Marine Sanctuaries (ONMS) on the 5-year nomination review, explained the MTMNM greatly reduced the need for sanctuary protection. Concerns in the proposed sanctuary, such as fishing regulations, are already addressed through the MTMNM management plan and Magnuson-Stevens Act. Foreign fishing is prohibited.

“ONMS needs to be clear about what is proposed,” said Michael Tenorio, CNMI Division of Fish and Wildlife fisheries supervisor. “The nomination seems to allude to closing fishing to the community and it’s causing confusion.”

The Council asked NOAA to remove the proposed sanctuary from the national inventory and assist Friends of the Mariana Trench Monument with developing a revised proposal vetted through the CNMI and Guam communities. This would create a stronger proposal with broad community support, one of the 11 evaluation criteria for inclusion on the inventory list. The CNMI Governor Ralph DLG Torres and other community members have expressed strong opposition to the proposed marine sanctuary plan.

The public comment period has been extended to April 25, and comments can be submitted at www.regulations.gov/document/NOAA-NOS-2022-0005-0034.

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Equity and environmental justice (EEJ) is a priority for the Council, and influences all programs, approaches and actions. The Council raised EEJ-related issues and opportunities throughout the meeting this week.

“I think this is very important and am glad it’s finally coming to fruition after 30 years,” said Monique Amani, Council member from Guam, referencing when the EJ social movement began. “I fully support this initiative – we’re part of the United States, but the services and investments to our communities aren’t always the same for the territories,” she added.

The Council approved a draft Western Pacific EEJ approach and will develop a regional strategy to direct future work. Together with the Council’s new Pacific strategy to advocate for equitable fisheries in the region, our fishing communities will be better positioned to benefit across global, regional and national landscapes.

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The Council recommended NMFS clarify a 2015 notice of proposed rule-making that would acknowledge an American Samoa purse seine fleet, distinct from a U.S. fleet. A proposed rule is expected in April 2022.

American Samoa does not have direct access to the high seas and most purse seine fishing effort occurs within waters of small island states and tropical waters north of the territory. However, American Samoa is home to a tuna cannery that is the territory’s most important private employer.

In 2015, Tri Marine purse seine vessels petitioned the United States to remove high seas fishing limits for vessels that offload at least 50% of their catch in American Samoa, citing Western and Central Pacific Fisheries Commission (WCPFC) fishing restrictions that impede their ability to support the territory’s economy. NMFS denied the petition in October 2015, but stated it could reconsider taking action if there was evidence that WCPFC restrictions have a negative impact on the territory’s economy.

“Seven years have passed and American Samoa’s dire situation is self-evident with the exodus of U.S. vessels and the need to supply our cannery,” said Council Chair Archie Soliai. PIRO Regional Administrator Michael Tosatto was unable to provide specifics on proposed regulations.

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The Council appointed the following officers for 2022: Archie Soliai, chair; Will Sword, American Samoa vice chair; John Gourley, CNMI vice chair; Manny Duenas, Guam vice chair; and Roger Dang, Hawai‘i vice chair.

 

Golden Presses Feds for More Maine Lobstermen Representation on Regulation Advisory Panel

March 21, 2022 — The following was released by The Office of Jared Golden:

Congressman Jared Golden (ME-02) called on the National Marine Fisheries Services (NMFS) today to expand representation of lobstermen on its Atlantic Large Whale Take Reduction Team (ALWTRT) by including members of the Maine Lobstering Union Local 207 (MLU).

The ALWTRT is a council of stakeholders charged with making recommendations to the National Oceanic and Atmospheric Administration (NOAA) for addressing rising North Atlantic right whale (NARW) mortalities, or takes. However, only four of the members of the 60-person ALWTRT are Maine lobstermen, the workforce whose livelihoods would be most impacted by the group’s recommendations.

“As the only industry organization comprised exclusively of lobstermen with active commercial lobster and crab fishing licenses, the MLU would bring an essential perspective to the ALWTRT,” said Golden. “For nearly a decade, the MLU has engaged with local, state and federal officials as well as the scientific community on various projects to improve our understanding of the distribution of right whales and their potential interactions with certain gear types and fishing effort. They are currently working on new data collection models utilizing fishermen and their fishing gear to obtain vital information about right whale habitat in the Gulf of Maine. This data, if brought to bear, would prove invaluable to the ALWTRT as they continue to assess the underlying causes of right whale serious injury and mortality.”

“The MLU greatly appreciates Congressman Golden’s support in seeking additional Maine seats on the ALWTRT for Local 207,” said MLU Secretary Virginia Olsen. “These are very uncertain times for Maine lobstermen and securing union seats to bring new science forward is vital in protecting our heritage fishery. As new technologies come available, we need to work with fishermen who are on the water day in and day out to be a part of this process, not only conceptually but in data collection too.”

Under the Marine Mammal Protection Act (MMPA), take reduction teams like ALWTRT must be inclusive of “all commercial and recreational fisheries groups and gear types which incidentally take the species or stock.” The MMPA also authorizes NMFS to appoint additional members to a take reduction team if a particular constituency is not adequately represented.

“In order to ensure that the ALWTRT is indeed representative of all commercial fisheries groups, I strongly urge you to appoint representatives from the MLU,” Golden continued. “Their unique makeup as an entirely fishermen-member enterprise that participates in every aspect of the industry make them an indispensable industry participant whose voice deserves to have a seat at the table.”

Maine lobstermen have a history of environmental stewardship and continued commitment to protecting the North Atlantic right whale. Beginning in 1997, Maine lobstermen have implemented costly and labor-intensive gear modifications to protect the NARW. Since then, NARW population growth has doubled. Recent right whale mortalities have been definitively linked to ship strikes and entanglements in Canadian waters with no entanglements affirmatively linked to Maine’s lobster fishery since 2004.

You can read a copy of the letter here.

 

AK Bering Sea snow crab: Still on hold

February 7, 2022 — What’s the plan for Alaska’s Bering Sea snow crab fishery? As it turns out, we may not know until June.

An unexpected and precipitous drop in the snow crab (Chionoecetes opilio) estimated biomass resulted in an official “overfished” designation from NMFS on Oct. 19, 2021. The designation was not unexpected, given the 2021 stock assessment. The path forward, however, is as clear as Bering Sea chop in a February storm.

“What we do know is that snow crab is a variable stock where highs and lows are not unexpected. What is different is the magnitude of the high and quickly falling to a historic low,” Jamie Goen, executive director of the Alaska Bering Sea Crabbers, told National Fisherman. “We’re hopeful seeing some crab out there this season and look forward to working with the federal and state managers through the rebuilding plan process to help bring snow crab stocks back to higher levels.”

The 2021 stock assessment, which was presented to the North Pacific Fishery Management Council in October, reported that the minimum threshold for the biomass of mature male opilios is 76,700 metric tons, and the most recent assessment estimated it at 50,600 metric tons — a historic low.

“A large year class recruited to the survey gear in 2015 and was tracked until 2018 and 2019,” the assessment report says. “But it appears to have since disappeared from the eastern Bering Sea shelf before reaching commercial size.”

Read the full story at National Fisherman

 

PFMC: California Current Ecosystem Assessment online briefing Wednesday, March 2, 2022

February 3, 2022 — The following was released by the Pacific Fishery Management Council:

Drs. Chris Harvey and Toby Garfield of National Marine Fisheries Service will provide a briefing on the 2022 California Current Integrated Ecosystem Assessment (CCIEA) Ecosystem Status Report to interested Pacific Fishery Management Council (Pacific Council) members, advisory body members, and the public. This online briefing will be held Wednesday, March 2, 2022, from 1 p.m. to 3 p.m. Pacific Standard Time or until business for the day has been completed.

•Please see the CCIEA briefing notice on the Council’s website for additional details.

•Questions? Please contact Pacific Fishery Management Council staff officer Dr. Kit Dahl at 503-820-2422; toll-free 1-866-806-7204