Saving Seafood

Court rules against feds in charterboat case

December 4, 2023 — There are enough federally permitted charterboat operations in Louisiana to warrant attention from the latest ruling by the U.S. Court of Appeals for the Fifth Circuit.

The ruling turns aside a U.S. Department of Commerce regulation which demanded these charterboat operators install a constant (24-hour) GPS tracking device on their vessels and report what opponents considered to be “confidential economic data” to the National Marine Fisheries Service.

The New Civil Liberties Alliance took up the cause for the Mexican Gulf Fishing Company, et al. (meaning more than 1,300 federally permitted charterboat operations) in a plea to the courts to have the requirement declared unconstitutional on a violation of the Fourth Amendment in the Bill of Rights.

Read the full story at The Advocate

Climate Change Likely to Reshape West Coast Fisheries by Sending Fish Farther Offshore

August 21, 2023 — Shifting ocean conditions associated with climate change will likely send high-value sablefish into deeper waters off the West Coast, new research shows. That could make the fish tougher to catch and force fishing crews to follow them or shift to other, more accessible species.

The research led by scientists at NOAA Fisheries’ Northwest Fisheries Science Center provides a glimpse of West Coast fisheries with climate change. Fishing crews must always balance the value of different commercial species against the distances involved in catching them, but climate change could alter that equation in new ways.

Scientists studied how four species of West Coast groundfish commonly caught together may respond to climate change. The four species accounted for 53 percent of bottom-trawl groundfish revenue off the Pacific Coast over the last decade. They include sablefish, the most valuable groundfish species, as well as Dover sole; shortspine thornyhead; and longspine thornyhead.

“Together, these are a large proportion of the groundfish caught off the West Coast, so they provide some indication of how things may change and the choices those changes present for the fishing community,” said Owen Liu, a research scientist at the Northwest Fisheries Science Center in Seattle. “This may not be good news for the fisheries, but it hopefully provides some foresight into how distributions may shift and gives fisheries and managers time to consider how to adapt to these changes.”

The research published in Science Advances can help the commercial fishing fleet and fisheries managers prepare for changes climate change may bring to the ecosystem, researchers said. Climate models predict warming temperatures and declining oxygen levels in waters off the West Coast, which is dominated by the California Current. Temperatures and oxygen levels are known to affect the distribution of fish species.

Offshore Shift Goes Deep

The forecasts anticipate declines in the abundance of sablefish and shortspine thornyhead and increases in longspine thornyhead, with mixed forecasts of the abundance of Dover sole. All the species except longspine thornyhead are expected to move farther offshore into deeper waters. The steep offshore drop beyond the continental shelf, which on the West Coast is 20 or more miles offshore, can lead to substantial increases in depth for groundfish species that inhabit the sea floor.

As the species shift farther offshore, the increased depths and distances mean that fishing vessels must travel farther to reach their target species. They may also find that standard bottom trawl gear becomes less efficient at catching fish at such depths. Greater proportions of sablefish and shortspine thornyhead may also descend below 700 fathoms, depths where the groundfish management plan that governs fishing off the West Coast currently prohibits fishing.

The findings also highlight the challenge fisheries managers may face in keeping fishing sustainable even as conditions change and species move.  That may mean rethinking regulations so fishing can continue while protecting enough fish and habitat so species can maintain themselves long-term.

“If a significant proportion of target species moves deeper, as our results suggest for some species, there may be an incentive for industry and management to overcome technical and policy challenges to enable fishing at greater depths to follow target species to their new habitats,” the researchers concluded.

Read the full story at NOAA Fisheries

ALASKA: New quota system to start for trawl harvests of cod in Bering Sea and Aleutians

August 21, 2023 — Commercial fishermen netting Pacific cod from the Bering Sea and Aleutians region will be working under new individual limits starting next year designed to ease pressure on harvests that regulators concluded were too rushed, too dangerous and too prone to accidentally catch untargeted fish species.

The new system will require fishers who harvest cod by trawl – the net gear that scoops up fish swimming near the bottom of the ocean – to be part of designated cooperatives that will then have assigned quota shares. The fisheries service at the National Oceanic and Atmospheric Administration said it has notified eligible participants and is asking for applications.

The cod-trawling program, to start next January, is the first new fishery quota system started since 2012 in federal waters off Alaska, according to NOAA Fisheries.

The Pacific cod harvest is the second-biggest commercial groundfish catch in the waters off Alaska, after pollock, according to NOAA Fisheries. The 2021 commercial harvest totaled 330.4 million pounds and was worth $86.5 million, according to NOAA Fisheries.

Read the full story at KTOO

New West Coast Fishery Increases Access for U.S. Vessels to Swordfish

May 10, 2023 — The following was released by NOAA Fisheries:

A new West Coast fishery will take advantage of the deep-diving habits of swordfish to reduce the risk of catching other species. NOAA Fisheries has adopted final regulations for this new fishery under an amendment to the federal Fishery Management Plan for Highly Migratory Species.

The final regulations authorize a deep-set buoy gear fishery for swordfish, one of the most lucrative species on the West Coast. Fishermen have previously targeted swordfish mainly with drift gillnets, but recent federal legislation will phase those out in 5 years. Without other alternatives, only a small harpoon fishery remains to pursue swordfish, despite strong consumer demand and a healthy U.S. West Coast stock.

Commercial swordfish landings on the West Coast peaked in the 1980s at more than 7 million pounds worth close to $13 million annually, according to NOAA Fisheries statistics. Since then, increasing restrictions on gillnet fishing off the West Coast have reduced landings. In 2021, they were only 300,000 pounds worth about $1.5 million in 2021.

The Hawaii-based longline fishery that catches swordfish outside West Coast U.S. federal waters took over high-value markets such as restaurants and seafood counters. Deep-set buoy gear provides a new opportunity for West Coast vessels to pursue swordfish using fishing lines hanging deep underwater where few species other than swordfish venture.

 

Supreme Court to hear major case on limiting the power of federal government, a long-term goal of legal conservatives

May 2, 2023 — The Supreme Court agreed Monday to reconsider long held precedent and decide whether to significantly scale back on the power of federal agencies in a case that can impact how the government addresses everything from climate change to public health to immigration.

Conservative justices have long sought to rein in regulatory authority, arguing that Washington has too much control over American businesses and individual lives. The justices have been incrementally diminishing federal power but the new case would allow them to take a much broader stride.

The justices announced they would take up an appeal from herring fishermen in the Atlantic who say the National Marine Fisheries Service does not have the authority to require them to pay the salaries of government monitors who ride aboard the fishing vessels.

Their action means they will reconsider a 1984 case – Chevron v. Natural Resources Defense Council – that sets forward factors to determine when courts should defer to a government agency’s interpretation of the law.

Read the full story at CNN

Southern Shrimp Alliance opposes foreign permit changes in SIMP expansion

May 2, 2023 — While largely supportive of NOAA Fisheries’ plan to expand the Seafood Import Monitoring Program (SIMP), the Southern Shrimp Alliance is opposed to a provision that would make it easier for foreign corporations to secure import permits.

The industry group wants NOAA to restrict International Fisheries Trade Permit (IFTP) to U.S. residents and increase enforcement, a move that could close loopholes that allow foreign corporations to import seafood without meeting traceability requirements.

Read the full story at SeafoodSource

 

Supreme Court Takes Up Case That Could Curtail Agency Power to Regulate Business

May 1, 2023 — The Supreme Court agreed on Monday to take up a case that could make it easier to curtail the power of administrative agencies, a long-running goal of the conservative legal movement that could have far-reaching implications for how American society imposes rules on businesses.

In a terse order, the court said it would hear a case that seeks to limit or overturn a unanimous 1984 precedent, Chevron v. Natural Resources Defense Council. According to the decision, if part of the law Congress wrote empowering a regulatory agency is ambiguous but the agency’s interpretation is reasonable, judges should defer to it.

At issue in the case, Loper Bright Enterprises v. Raimondo, is a law that requires fishing vessels to pay for monitors who ensure that they comply with regulations meant to prevent overfishing. The National Marine Fisheries Service established the rule, and a group of companies has challenged whether the agency had the authority to do so.

When the Supreme Court decides on the case, most likely in its next term, the outcome could have implications that go beyond fisheries.

Read the full story at the New York Times

Annual ‘Status of Stocks’ reports incremental improvement – and climate challenges

April 28, 2023 — The annual National Marine Fisheries Service “Status of Stocks” report says the agency and its eight regional fishery management council continue to show slow, steady results in rebuilding U.S. fish stocks to sustainable levels.

This latest fisheries scorecard summarizes 2022 results, notching findings for 492 fish stocks and stock complexes managed under federal law.

“In 2022, the number of stocks on the overfishing list decreased slightly, the number of overfished stocks also slightly decreased, and two stocks were rebuilt,” the report states in opening. “We continue to implement management measures that will end overfishing, rebuild overfished stocks, and sustain our fisheries for future generations.”

The paper offers an explanation of how NMFS has been calculating the overall state of U.S. fisheries since the overarching federal law – the Magnuson-Stevens Fishery Conservation and Management Act – was authorized by Congress in 1996.

As defined in the report, a stock is considered “overfished” when it is being harvested at a rate faster than what biologists calculate would produce its maximum sustainable yield, or MSY.

An “overfished” stock has a population size that is too low, jeopardizing the stock’s ability to produce its MSY.

A “rebuilt” stock is one that was previously overfished, and now has abundance is now at the managers’ ideal target population size to support maximum sustainable yield.

Read the full story at National Fisherman

U.S. marine fish stocks show improvements in 2022

April 27, 2023 — The following was released by NOAA:

Today, NOAA released the 2022 Status of Stocks report, providing a snapshot of the more than 490 fish stocks managed by NOAA Fisheries. Maintaining sustainable fisheries contributes significantly to the U.S. economy, provides important recreational opportunities and helps meet the growing challenge of increasing the nation’s seafood supply.

In 2022, U.S. fisheries data revealed that 93% of stocks are not subject to overfishing and 81% are not overfished. These numbers show slight improvements compared to the 2021 figures of 92% and 80%, respectively. Positive trends were seen this year with the number of stocks on the overfishing list decreasing by two stocks to 24, and the number of overfished stocks decreasing by three stocks to 48.

NOAA Fisheries also implemented new island-based fishery management plans for Puerto Rico, St. Thomas and St. John, and St. Croix this year, consolidating existing Caribbean fishery management plans and bringing 32 new stocks under NOAA’s management authority. These new plans account for differences between fishing sectors, available markets for harvested products, fishermen and their fishing communities, and the social and cultural attributes unique to each island area.

“This annual report reveals the U.S. remains a global leader in maintaining the sustainable fisheries that drive the blue economy, support coastal communities, and play a key role in marine ecosystems,” said Rick Spinrad, Ph.D., NOAA administrator. “NOAA and our partners continue to build on the country’s successful fisheries management approach by advancing policies and plans that help address changing conditions.”

The latest data show that U.S. commercial and recreational fishing supports 1.7 million full- and part-time jobs across the broader economy, generated over $253 billion in sales impacts and contributed $79.4 billion to the gross domestic product.

“Managing fisheries sustainably is an adaptive process, relying on sound science and innovation to conserve species and habitat, and meet the challenge of increasing our nation’s seafood supply in the face of climate change,” said Janet Coit, NOAA Fisheries assistant administrator. “NOAA Fisheries conducted 198 stock assessments in fiscal year 2022, and our work in partnership with the Regional Fishery Management Councils under the Magnuson-Stevens Fishery Conservation and Management Act continues to be key to rebuilding and maintaining sustainable fish stocks.”

NOAA researchers recently developed global forecasts that can provide up to a year’s advance notice of marine heatwaves that can cause sudden and dramatic increases in ocean temperatures. These forecasts will help fishing fleets, ocean managers and coastal communities anticipate significant changes in ocean ecosystems. NOAA Fisheries’ distribution website tool also provides information to track the location and movement of marine fish and invertebrate species in U.S. waters, which may be shifting in response to changing ocean conditions.

Sustainable U.S. fisheries play an important role in the nation’s economy — providing opportunities for commercial, recreational and subsistence fishing, and in providing sustainable seafood for consumers. To keep U.S. fisheries operating sustainably, NOAA Fisheries continually adjusts management measures in response to complex challenges including climate change, rebuilding stocks, ending overfishing and developing new forecasting tools to better predict ocean conditions.

NOAA announces historic funding for fish habitats across U.S.

December 14, 2022 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries announced nearly $105 million in funding for 36 new fish passage projects under the Bipartisan Infrastructure Law, including significant funding to implement fish passage projects that meet tribal priorities and build tribal organizational capacity to support their role as stewards of tribal resources. This historic level of funding will reopen migratory pathways and restore access to habitat for fish and other species across the country. 

Through this funding, NOAA prioritized projects that demonstrate a broad base of stakeholder and community support and were developed with inclusive practices to engage a diverse range of community groups. Selected projects will span the full range of fish passage types, including dam removals, fish ladders, culvert improvements and in-stream fish passage improvements.

“The Bipartisan Infrastructure Law provides a once-in-a-generation opportunity to enhance our investment in our nation’s fisheries, protected resources and coastal communities — and ensure that tribes and underserved communities see the results,” said Secretary of Commerce Gina Raimondo. “Not only will these projects assist in supporting sustainable fisheries and recovering endangered fish species, they will also provide community and economic benefits, such as jobs, recreational opportunities and climate resilience.” 

Fifteen of the projects — encompassing more than $26.3 million in funding — will be led by tribal applicants for fish passage. Many of the remaining projects are aligned with tribal priorities, with tribes playing key roles in decision-making, building capacity to help recover tribally-important migratory fish, and providing community and economic benefits such as jobs and training opportunities. 

“Investments in the Bipartisan Infrastructure Law to support fish passage and sustainable commercial, recreational and tribal fisheries are critical to building a Climate-Ready Nation,” said NOAA Administrator Rick Spinrad, Ph.D. “The projects supported by this funding will help communities adapt to a changing climate by supporting healthy ecosystems and infrastructure that works for people and fish.”

At this point in the selection process, the application approval and obligation of funds are not final. Each application is being “recommended” for funding. This announcement is not an authorization to start the project and is not a guarantee of funding.

“From Alaska to North Carolina, this unprecedented investment will create new opportunities for migratory fish to thrive, bringing a host of benefits to tribes and communities across the nation,” said Janet Coit, assistant administrator for NOAA Fisheries, acting assistant secretary of commerce for oceans and atmosphere, and deputy NOAA administrator. “I can’t say enough about the quality and importance of these fish passage projects. NOAA staff are rolling up their sleeves and continuing to work with a broad spectrum of partners to see these federal funds put into action.” 

Fish passage is about improving access for fish to the habitat(s) they need or reconnecting access to historic habitat blocked by humans. Migratory fish like salmon require access to high quality rearing and spawning habitats, and unimpeded migratory corridors, to be successful and resilient. When fish cannot access their habitat, they cannot rear, reproduce and grow their populations, resulting in population declines. NOAA works to reopen these migratory pathways, restoring access to healthy habitat for fish. For many tribes, fish passage and access remains a major limiting factor towards rebuilding fish populations. This funding will help reopen migratory pathways and reconnect fish with their historic habitat, which is a critical step towards rebuilding fisheries back to healthy levels.      

NOAA’s Office of Habitat Conservation has a long history of conducting habitat restoration efforts, including fish passage, by executing large-scale competitive funding opportunities and providing expert technical assistance through NOAA’s Community-based Restoration Program.