Saving Seafood

Federal court ruling complicates US offshore aquaculture efforts

August 5, 2020 –A federal appeals court has struck down plans to open the Gulf of Mexico’s federal waters to fish farming, creating mixed messages to the industry on exactly who will be managing the future of offshore aquaculture in the U.S.

On Monday, 3 August, the U.S. 5th Circuit Court of Appeals in New Orleans blocked recent federal rules that would have allowed large-scale industrial aquaculture operations in offshore waters for the first time, upholding a 2018 federal ruling that the National Oceanic and Atmospheric Administration (NOAA) is not permitted the authority to regulate offshore aquaculture under existing national fisheries laws.

Read the full story at Seafood Source

Court: Trump aquaculture ‘regime’ overstepped authority

August 5, 2020 — NOAA Fisheries lacks the legal authority to regulate aquaculture in the Gulf of Mexico, a federal appellate court in Louisiana ruled yesterday, delivering a major blow to the Trump administration’s long push to allow industrial fish farms in federal waters.

In a 2-1 ruling, the 5th U.S. Circuit Court of Appeals in New Orleans rejected NOAA’s argument that it could issue aquaculture permits because of the 1976 Magnuson-Stevens Fishery Conservation and Management Act to regulate the “catching, taking or harvesting of fish.”

“‘Harvesting,’ we are told, implies gathering crops, and in aquaculture the fish are the crop,” the judges said in their decision. “That is a slippery basis for empowering an agency to create an entire industry the statute does not even mention. We will not bite.”

The appellate court affirmed a 2018 decision by U.S. District Judge Jane Triche Milazzo, who ruled that NOAA only had authority to regulate the “traditional fishing of wild fish” and that if Congress meant for the agency to oversee fish farming, lawmakers would have made that explicit in the nation’s primary fisheries law (Greenwire, Oct. 4, 2018).

“The act neither says nor suggests that the agency may regulate aquaculture,” the appellate judges wrote. “The agency interprets this silence as an invitation, but our precedent says the opposite: Congress does not delegate authority merely by not withholding it.”

Read the full story at E&E News

SEAN HORGAN: Watching the watchers

August 4, 2020 — Stop us if you’ve heard this one before: NOAA Fisheries, persisting in an increasingly bad optic and potentially dangerous policy, last week said it will begin redeploying at-sea monitors aboard Northeast groundfish vessels on Aug. 14 despite the continuing national surge of the COVID-19 pandemic. It extends the previous waiver period by two weeks.

“NOAA Fisheries has been working with the regional observer and monitor providers to enact safety protocols that match those that are in effect for vessel operators and crew during this continually evolving situation,” NOAA Fisheries Assistant Administrator Chris Oliver said in a statement announcing the extension.

Oliver said the agency has developed national criteria for vessels to be released from monitor and observer coverage on a trip-by-trip basis. Waivers may be granted if observers or at-sea monitors are not available for the trip or the observer providers “cannot meet the safety protocols imposed by a state on commercial fishing crew or by the vessel or vessel company on the crew.”

And now the lawyers weigh in: “Within our limited authority, our efforts are intended to ensure observers and monitors are following the same safety protocols that fishermen are following,” Oliver stated.

We’re sure that makes everybody feels way safer.

Read the full story at the Gloucester Daily Times

NOAA Fisheries Closes Office in U.S. Embassy Tokyo After 33 years

August 4, 2020 — NOAA Fisheries closed the representative office in the U.S. Embassy Tokyo on July 31 after 33 years due to a sharp budget cut of Silver Spring, according to the leaving official’s announcement in Tokyo.

NOAA Fisheries opened its office in 1987 in the Commercial Service of the U.S. Embassy in Tokyo after establishing the U.S. EEZ and phasing out of international fleets. The mission of NOAA Tokyo was to develop the Japanese market for U.S. fishery products, such as Alaskan salmon and bottom fish. At that time Japan was the largest market for U.S. seafood, and the NOAA Tokyo office assisted many American small exporters of American lobster and sea urchin, the Alaska Seafood Marketing Institute’s triumphant entry into the market. It supported the Tokyo offices of American Seafood Company, Ocean Beauty Seafoods, and Trident Seafoods. It assisted seafood trade missions to Japan from U.S. states and native Americans. It negotiated with the Japanese government to permit the import of live oysters from Washington, Oregon, New York, and Connecticut.

Read the full story at Seafood News

NOAA Fisheries Cancels Four Fisheries and Ecosystem Surveys for 2020

August 4, 2020 — The following was released by NOAA Fisheries:

Summer Ecosystem Monitoring, Northern Shrimp, Autumn Bottom-Trawl, and Summer/Fall Plankton surveys cancelled for 2020

Due to the uncertainties created by the COVID-19 pandemic and the unique challenges those are creating for NOAA Fisheries, we are cancelling four research surveys off the East and Gulf Coast of the United States. The cancelled surveys include:

  • Autumn Bottom Trawl Survey (NEFSC)
  • Summer Ecosystem Monitoring Survey (NEFSC)
  • Northern Shrimp Survey (NEFSC)
  • Summer and Fall Plankton Survey (SEFSC)

These are difficult decisions for the agency as we strive to balance our need to maintain core mission responsibilities with the realities and impacts of the current health crisis. Since March, we have been rigorously analyzing various options for conducting surveys this year and are taking a survey-by-survey, risk-based approach. After much deliberation, we determined that we will not be able to move forward with these surveys while effectively minimizing risk and meeting core survey objectives.

The Cancelled Surveys

The Summer Ecosystem Monitoring Survey run out of the NOAA’s Northeast Fisheries Science Center captures seasonal changes in the ocean environment, information used for multiple scientific inquiries. Over its 33-year history, some seasons have been missed and the number of annual surveys has varied, and methods have been developed to bridge these data gaps.

The Northern Shrimp Survey is conducted aboard the R/V Gloria Michelle, a 72-foot ship maintained by the Northeast Fisheries Science Center. A major use of survey data is setting shrimp fishery quotas. The shrimp fishery is closed through 2021.

The Autumn Bottom Trawl Survey, also run out of the Northeast Fisheries Science Center, has been conducted since 1963.  It provides crucial resource and ecosystem data, especially for fishery stock assessments. A future bottom longline survey and new work on industry-based sources of data may help mitigate data gaps.

The Summer/Fall Plankton Survey, run out of NOAA’s Southeast Fisheries Science Center covers the entire continental shelf in the Gulf of Mexico region from Brownsville, Texas, to Key West, Florida. It is the only fishery independent survey available to measure the spawning capacity of the adult population of Gulf of Mexico King Mackerel and an important supplemental survey for red snapper and several other reef fish.

The Summer Ecosystem Monitoring Survey run out of the NOAA’s Northeast Fisheries Science Center captures seasonal changes in the ocean environment, information used for multiple scientific inquiries. Over its 33-year history, some seasons have been missed and the number of annual surveys has varied, and methods have been developed to bridge these data gaps.

The Northern Shrimp Survey is conducted aboard the R/V Gloria Michelle, a 72-foot ship maintained by the Northeast Fisheries Science Center. A major use of survey data is setting shrimp fishery quotas. The shrimp fishery is closed through 2021.

The Autumn Bottom Trawl Survey, also run out of the Northeast Fisheries Science Center, has been conducted since 1963.  It provides crucial resource and ecosystem data, especially for fishery stock assessments. A future bottom longline survey and new work on industry-based sources of data may help mitigate data gaps.

The Summer/Fall Plankton Survey, run out of NOAA’s Southeast Fisheries Science Center covers the entire continental shelf in the Gulf of Mexico region from Brownsville, Texas, to Key West, Florida. It is the only fishery independent survey available to measure the spawning capacity of the adult population of Gulf of Mexico King Mackerel and an important supplemental survey for red snapper and several other reef fish.

Next Steps

These cancellations follow similar difficult cancellation decisions of the ship-based work we had planned from April to July. NOAA Fisheries is continuing to assess the status of other surveys in all our regions. We are working through numerous survey scenarios relative to community pandemic safeguards and safe work practices so that we maximize the science available for fisheries management in this challenging year.

Reports raise questions regarding impact of offshore wind on seafood industry

August 4, 2020 — A pair of new reports from NOAA Fisheries’ Marine Fisheries Advisory Committee (MAFAC) and the Science Center for Marine Fisheries  has raised more questions about how big offshore wind projects – planned for areas of water off the coast of New England in the Northeast U.S. – will impacts the fishing industry in the region.

The science center report calls into question the Bureau of Ocean Energy Management’s investigations of wind energy impacts on seafood, particularly the supplement to the draft environmental impact statement (SEIS) that the bureau released on June. That supplement was intended to examine all of the potential impacts wind energy development – both current and future – could have on the surrounding area.

Read the full story at Seafood Source

Appeals court: NOAA can’t make rules for offshore fish farms

August 4, 2020 — A federal appeals court in New Orleans has upheld a decision that throws out rules regulating fish farms in the Gulf of Mexico.

The law granting authority over fisheries to the National Oceanic and Atmospheric Administration does not also let the agency set rules for offshore fish farms, the 5th U.S. Circuit Court of Appeals said in its 2-1 decision on Monday.

The farms use enormous open-topped nets or submersible pens to raise huge numbers of fish, including tuna, salmon, seabass and cobia, out in open water.

The government says fish farming, including that on the open sea, is vital to seafood production and can both provide jobs and protect species and habitats. Opponents say huge numbers of fish confined in nets out in the ocean could hurt ocean health and native fish stocks, and the farms would drive down prices and devastate commercial fishing communities.

Read the full story from the Associated Press at The Washington Post

NOAA Fisheries Announces an Increase to the Illex Squid Annual Quota

August 3, 2020 — The following was released by NOAA Fisheries:

Effective August 4, 2020 

NOAA Fisheries announces an increase to the 2020 acceptable biological catch (ABC) for the Illex squid fishery from 26,000 mt to 30,000 mt. This quota increase was recommended by the Mid-Atlantic Fishery Management Council based on preliminary work by its Illex Squid Working Group, which concluded that the species continues to be lightly exploited and the fishery footprint is small. The Illex squid fishery has closed each summer in 2017, 2018, and 2019. This increase will enable full utilization of the available resource.  This rule is effective on August 4, 2020.

For more details, please read the rule as filed in the Federal Register, and our permit holder bulletin.

NOAA Fisheries Implements Atlantic Chub Mackerel Measures

August 3, 2020 — The following was released by NOAA Fisheries:

NOAA Fisheries implements measures adopted by the Mid-Atlantic Fishery Management Council as part of Amendment 21 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan to manage chub mackerel.

Because a directed fishery for Atlantic chub mackerel recently emerged in the Mid-Atlantic, in 2018 the Mid-Atlantic Council implemented initial measures to maintain existing catch levels while it developed a long-term management approach. In the intervening 3 years, the Council has collected more detailed information on chub mackerel and has developed management measures to help achieve and maintain the sustainability of the chub mackerel resource.

This action designates essential fish habitat; sets catch limits for 2020-2022; and implements an annual catch limit, accountability measures, possession limits, permitting and reporting requirements, and other administrative measures for Atlantic chub mackerel caught from Maine through North Carolina.

For more details, please read the final rule as filed in the Federal Register or the bulletin describing final measures. Supporting analysis for this rule is available on the Council’s website.

Read the full release here

FB20-051: Commercial Closure for Blueline Tilefish in South Atlantic Federal Waters on August 11, 2020

August 3, 2020 — The following was released by NOAA Fisheries:

WHAT/WHEN:

The commercial harvest of blueline tilefish in federal waters of the South Atlantic will close at 12:01 a.m., local time on August 11, 2020. During the commercial closure, all sale or purchase of blueline tilefish is prohibited, and harvest or possession of blueline tilefish in or from federal waters is limited to the recreational bag and possession limits while the recreational sector is open.

WHY THIS CLOSURE IS HAPPENING:

The current commercial catch limit is 87,521 pounds whole weight. The catch limit will increase to 117,148 pounds whole weight on August 17. According to the accountability measure, harvest must close to prevent the new catch limit from being exceeded.

AFTER THE CLOSURE:
The closure applies in both state and federal waters for vessels that have a federal commercial permit for South Atlantic Snapper-Grouper.

The 2021 commercial fishing season for blueline tilefish in the South Atlantic will open on January 1, 2021, with a commercial catch limit of 117,148 pounds whole weight.

This bulletin provides only a summary of the existing regulations. Full regulations can be found in the Federal Register or at https://www.ecfr.gov/cgi-bin/text-idx?SID=383bc195ccbeab4fd6bec1c24905df34&node=sp50.12.622.i&rgn=div6#se50.12.622_1193.