Saving Seafood

Biden signs Fisheries Advisory Committee Act into law

May 13, 2022 — U.S. President Joe Biden has signed a bill into law that establishes an industry-led panel to help federal officials oversee grant awards for fisheries.

The American Fisheries Advisory Committee Act was sponsored by U.S. Sen. Dan Sullivan (R-Alaska) and was signed by Biden on Thursday, 12 May, 2022. The law will create the American Fisheries Advisory Committee, a 22-member panel representing six regions across the country. Regional members will be selected from the seafood processing, commercial, and recreational sectors, and from experts in regional fishery science. At-large members will include a representative of the foodservice sector, someone from both the commercial and recreational fishing industries, and a NOAA Fisheries representative with a background in research.

Read the full story at SeafoodSource

 

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

 

U.S. fish stocks continue era of rebuilding and recovery

May 12, 2022 — The following was released by NOAA:

Today, NOAA released the 2021 Status of Stocks report, highlighting the efforts to rebuild and recover U.S. fisheries by providing a snapshot of the more than 460 stocks managed by NOAA Fisheries. In addition, NOAA issued an update to the Fisheries of the United States report, which provides details about the economic impacts of fisheries, and tracks annual seafood consumption and the productivity of top fishing ports.

In 2021, U.S. fisheries held steady with more than 90% of stocks not subject to overfishing, and 80% with population sizes sufficient to be considered not overfished. The number of stocks on the overfishing list held steady at 26, and the number of overfished stocks slightly increased to 51, up from 49. Data also reveals that in 2020, seafood landings in the U.S. were down 10% — likely due to the impacts of the COVID-19 pandemic — and overall seafood consumption had slightly decreased from the previous year, to 19 pounds per person.

A stock is on the overfishing list when the annual catch rate is too high. A stock is on the overfished list when the population size of a stock is too low, whether because of fishing or other causes.

“NOAA’s annual Status of Stocks report shows that the United States continues to be a global leader in sustainable fisheries management, as we work to understand how climate change is affecting fisheries and the communities that this sector supports,” said Dr. Rick Spinrad, NOAA Administrator. “The report demonstrates that we remain on track to maximize marine fishing opportunities while ensuring long-term ecological and economic sustainability in our changing world.”

This year’s report also featured the first-ever assessment of the Atlantic blacktip shark. NOAA Fisheries determined the stock is not subject to overfishing, not overfished and is above the sustainable level. Assessing stocks for the first time significantly contributes to the science-based information used to set appropriate management measures.

“Maintaining sustainable fisheries contributes significantly to the U.S. economy and helps meet the growing challenge of increasing our nation’s seafood supply,” said Janet Coit, NOAA Fisheries Assistant Administrator. “This year, improved methodologies, updated stock assessments and innovative tools and approaches provided new information to inform fisheries management in the face of climate change.”

For the first time, Fisheries of the United States data is now available via a new interactive web portal, which includes a detailed historic record of economic analysis of seafood consumption, landings totals and imports and exports of fishery products in the U.S. This portal will allow for more frequent updates throughout the year to improve data sharing and collaboration.

In April, NOAA Fisheries also shared a new tool to better 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. This resource facilitates decision-making about fishery management and science, and increases overall knowledge of species distributions for stock assessments.

Sustainable U.S. fisheries play an important role in the nation’s economy, providing opportunities for commercial, recreational and subsistence fishing, and sustainable seafood for consumers. By ending overfishing and rebuilding stocks, NOAA Fisheries strengthens the value of U.S. fisheries to the economy, communities and marine ecosystems.

Commercial Fishermen, Other Members of Seafood Industry Challenging NOAA’s Red Grouper Reallocation

May 11, 2022 — Last week SeafoodNews reported on NOAA’s Amendment 53, a new rule in the Federal Register regarding the reef fish fishery of the Gulf of Mexico. The final rule revised the annual catch limits (ACLs) and annual catch targets (ACTs) for both the commercial and recreational sectors, reallocating 20% of the commercial red grouper quota to the recreational sector. The decision had commercial fishermen and others in the industry up in arms. But they’re not just sitting back. A lawsuit has been filed challenging the legality of the decision to reallocate the red grouper quota to recreational fishermen.

The lawsuit was filed late on Friday in the U.S. District Court for the District of Columbia by A.P. Bell Fish Company, the Southern Offshore Fishing Association, and the Gulf of Mexico Reef Fish Shareholders’ Alliance.

“This case is about the government’s allocation of fishing privileges for catching red grouper in the Gulf of Mexico between two user groups,” reads the suit. “The challenged agency action takes fish away from the commercial sector, and gives them to the recreational fishing sector. But the recreational sector is wasteful, catching and throwing back millions of red grouper each year, of which hundreds of thousands die. Allocating more fish to the recreational sector will increase this waste, reduce the amount of fish available for consumption, and increase the risk of overfishing the stock. These outcomes are unlawful.”

The Gulf Coast Seafood Alliance (GCSA) made their opinions on NOAA’s decision very clear in an analysis that can be found here. Meanwhile, the recently filed lawsuit can be found here.

Read the full story at Seafood News

NOAA ruling on red grouper catch in the Gulf announced

May 10, 2022 — The commercial allocation of the Gulf of Mexico red grouper catch will shrink starting June 1 while the recreational sector’s share will increase.

NOAA Fisheries announced the final rule under Amendment 53 on May 2, allocating 59.3 percent of the annual catch to the commercial sector (down from 76 percent) and increasing the recreational allocation from 24 percent to 40.7 percent.

But there’s a twist. The day after NOAA announced the new commercial allocation reduction, it proposed a slight increase in total annual catch limit for red grouper in the Gulf from 4.26 million pounds to 4.96 million pounds (gutted weight), including a boost in the commercial catch limit from 2.53 million pounds to 2.94 million pounds.  The recreational catch limit would rise from 1.73 million pounds to 2.02 million pounds.  The agency is accepting public comment through May 18.

Read the full story at National Fisherman

Gulf Coast Seafood Alliance Supports Lawsuit Challenging Unlawful Red Grouper Quotas

May 9, 2022 — The following was released by the Gulf Coast Seafood Alliance:

Commercial fishermen and members of the Gulf of Mexico seafood industry have filed a lawsuit challenging the legality of a recent decision by NOAA Fisheries to reallocate red grouper quota to recreational fishermen at the expense of the commercial fishery. The Gulf Coast Seafood Alliance (GCSA) supports the efforts by the Gulf of Mexico Reef Fish Shareholders’ Alliance, Southern Offshore Fishing Association, and A.P. Bell Fish Company to challenge this decision, in an effort to restore a fair allocation for commercial fishermen.

The lawsuit, filed late on Friday in the U.S. District Court for the District of Columbia, challenges recent red grouper allocations approved by NOAA as part of Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico.

The plaintiffs indicated they will seek expedited review.

Amendment 53 drastically reallocates the quota for red grouper. It increases the recreational share of the quota from 24 percent to 40.7 percent, while decreasing the commercial share from 76 percent to 59.3 percent. Simultaneously, the Amendment decreases the overall available red grouper quota in order to account for increased grouper discards from the recreational fishermen.

According to the lawsuit, this allocation “unlawfully benefit[s] the recreational fishing sector, harm[s] the commercial fishing sector and seafood consumers, and jeopardize[s] conservation,” while going against the conservation goals set out in the Magnuson-Stevens Act, the federal law governing U.S. fishery management. It notes that the Amendment is only the latest in a series of decisions showing “unlawful favoritism” to recreational fishermen.

GCSA has previously criticized Amendment 53 in its own analysis. GCSA specifically has criticized the Amendment for the flaws in the process that led to its adoption, the inadequate economic analysis that supported its allocation decision, and the legal precedents that the Amendment violates.

The complaint specifies ten causes of action, demonstrating that Amendment 53 violates:

  • Magnuson-Stevens Act National Standard Four, which requires that allocations of fishing privileges “shall be…fair and equitable to all such [U.S.] fishermen” and “reasonably calculated to promote conservation.”
  • Magnuson-Stevens Act National Standard Nine, which requires that “[c]onservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.”
  • Magnuson-Stevens Act Section 303(a)(11), which requires that any Fishery Management Plan “establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, and include conservation and management measures that, to the extent practicable and in the following priority—(A) minimize bycatch; and (B) minimize the mortality of bycatch which cannot be avoided.”
  • Magnuson-Stevens Act Section 303(a)(15), which requires all Fishery Management Plans to “establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan) implementing regulations, or annual specifications, at a level that overfishing does not occur in the fishery, including measures to ensure accountability.”
  • Magnuson-Stevens Act National Standard One, which requires that “[c]onservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.”
  • Legal requirements regarding the setting and review of optimum yield as specified in Magnuson- Stevens Act Sections 303(a)(3), 303(a)(4)(A), AND 302(h)(5).
  • Magnuson-Stevens Act National Standard Two, which requires that “conservation and management measures shall be based upon the best scientific information available.”
  • Magnuson-Stevens Act National Standard Eight, which requires that NOAA must “take into account the importance of fishery resources to fishing communities.”
  • The Administrative Procedure Act (APA).
  • The National Environmental Policy Act (NEPA).

Related:
Despite Flawed Procedures, Economic Inaccuracies and Legal Precedents, NOAA Acts to Take Fish from Families, Markets, Restaurants and Consumers

Gulf of Mexico Reef Fish Shareholders’ Alliance: Statement on Red Grouper Quota Instability

 

New research suggests cod, New England’s founding fish, may be returning to local waters

May 5, 2022 — “For the first time in about 20 years we’ve seen and are tracking a successful year class of cod, and they seem to be growing at a very good rate,” said Kevin Stokesbury, a fisheries science professor at UMass Dartmouth leading a multi-year survey of codfish in the Gulf of Maine.

Stokesbury has a history of using scientific innovation to produce new findings that upend fishing regulations. In the 1990s, he devised a new way of counting scallops that helped open up a tightly regulated fishery.

A typical government-led survey determines scallop numbers by dredging the ocean floor, counting the scallops it pulls up, and estimating what percentage that is of the total scallops in the sample area. Stokesbury’s surveys rely on pictures of the ocean floor instead. A team of his undergraduates count all the scallops in their sample areas one-by-one, eliminating much of the guesswork.

Stokesbury’s method for counting scallops was peer reviewed and eventually incorporated into the government’s periodic stock assessments, which form the basis of fishing regulations in America. In the early 2000s, regulators had already suspected scallops were rebounding to some extent, but Stokesbury’s findings upended what they had been saying for years.

“They thought there were two to three times as many scallops in there,” Stokesbury said, “and there were actually about 14 times as many.”

But the UMass Dartmouth scientist has his own critics when it comes to codfish. One of them has an office down the hall from him.

Professor Steve Cadrin, a fisheries scientist leading a periodic review of how the government assesses cod stocks, said the cod fishery has opened up prematurely once before.

“We’ve seen other year classes that have not survived,” Cadrin said.

Some years, Cadrin said NOAA’s projections have been overly optimistic.

“They led to continued overfishing and the stock hasn’t rebuilt,” Cadrin said. “It’s a lot more than just a heartbreak. There’s been a lot of fishery restrictions because of that.”

Read the full story at The Public’s Radio

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

 

New Study Links Red Tides and Dead Zones Off West Coast of Florida

May 4, 2022 — Researchers are closer to understanding favorable conditions for combined events

A new study found that when red tides began in early summer and continued into the fall, low oxygen areas—or dead zones— were more likely to also occur. This study by scientists at the University of Miami Rosenstiel School of Marine and Atmospheric Science, and NOAA collaborators is the first study to link low oxygen—or hypoxia—to red tides across the west coast of Florida and offers new information to better understand the conditions favorable for combined events as they are expected to increase as Earth continues to warm.

Red tides are becoming a near annual occurrence off the west coast of Florida, which are caused by massive blooms of the algae Karenia brevis fueled in part by excess nutrients in the ocean. These algae blooms turn the ocean surface red and produce toxins that are harmful to marine mammals, sharks, seabirds and humans causing a range of issues from respiratory irritation, localized fish kills to large-scale massive mortalities to marine life. Hypoxic areas are typically referred to as ‘dead zones’.

Read the full story at Environment Coastal & Offshore

 

NOAA’s Red Grouper Reallocation Decision Has Industry Up in Arms and Businesses Worried

May 4, 2022 — On Monday NOAA published Amendment 53,  a new rule in the Federal Register regarding the reef fish fishery of the Gulf of Mexico. The final rule revises the annual catch limits (ACLs) and annual catch targets (ACTs) for both the commercial and recreational sectors, reallocating 20% of the commercial red grouper quota to the recreational sector, a 32% decrease from what would have been allocated without the amendment.

As the final rule notes, red grouper in the Gulf exclusive economic zone (EEZ) are found primarily in the eastern Gulf on offshore hard bottom areas and are managed as a single stock with commercial and recreational ACLs and ACTs. The allocation of the ACL between the commercial and recreational sectors was 76% commercial and 24% recreational. However, the final rule revises the ACLs and ACTs for the Gulf red grouper stock. The current commercial ACL and ACT are 3.16 million lb (1.43 million kg) and 3.00 million lb (1.36 million kg), respectively. Meanwhile, the current recreational ACL and ACT are 1.00 million ln. (0.45 million kg) and 0.92 million lb (0.42 million kg) in Marine Recreational Information Program (MRIP) Coastal Household Telephone Survey (CHTS) units, respectively. In MRIP Fishery Effort Survey (FES) units, the current recreational ACL and ACT are estimated to be 2.10 million lb (0.95 million kg) and 1.93 million lb (0.88 million kg), respectively.

“As explained previously, the ABC associated with the preferred allocation is 4.26 million lb (1.93 million kg) and the total ACL is equal to the ABC,” the new rule states. “Applying the allocation selected by the Council in Amendment 53 to the total ACL results in a 2.53 million lb. (1.15 million kg) commercial ACL and a 1.73 million lb (0.78 million kg) recreational ACL in MRIP FES units.”

Read the full story at Seafood News