Saving Seafood

Federal court upholds ruling in anchovy catch-limit lawsuit

January 22, 2019 — A federal judge in California on Friday, 22 January, upheld her decision from last year that claimed NOAA Fisheries did not follow the law when it set the catch limit on an anchovy stock in the state.

The ruling from U.S. District Judge Lucy Koh means the agency will need to set a new limit on the central population of northern anchovy. Environmental advocates argued federal officials kept that figure stationary since 2000 and used nearly 30-year-old data in setting it.

“This decision holds [NOAA Fisheries] to fundamental standards intended by Congress, which require the government to sustainably manage our nation’s fisheries for the benefit of both fishermen and dependent species,” said Mariel Combs, an Oceana attorney in a press release.

Oceana filed the suit in November 2016, a month after NOAA Fisheries maintained the 25,000 metric ton (MT) limit. The environmental organization, represented by Earthjustice is the suit, argued that the catch limit was based on a 1991 study that reported a biomass of more than 700,000 metric tons.

Diane Pleschner-Steele, executive director for the California Wetfish Producers Association, told SeafoodSource she was disappointed in Koh’s ruling. She added, however, that the judge did not set a catch limit and ruled that the agency needs to use the best scientific data available to set its limits.

“In any case, there is general agreement, even from Oceana, that the anchovy population has exploded and available data now find the biomass at historic levels,” Steele said.

Steele also noted that members of the Pacific Fishery Management Council management team will be meeting soon to discuss the next steps in wake of the ruling.

Read the full story at Seafood Source

NOAA brings back inspectors to get Alaska cod, pollock boats on water

January 21, 2019 — The National Oceanic and Atmospheric Administration (NOAA) this month brought federal inspectors back from furlough to certify cod and pollock fishing boats in the Bering Sea off the coast of Alaska, but has yet to bring back personnel necessary to free up boats for harvesting in New England, the Washington Post reports.

As the US federal government’s shutdown rolls into its record-setting fourth week, some constituencies have managed to obtain relief, while others remain shut out, according to the newspaper.

Count Alaska’s congressional delegation among those with apparently enough influence or luck.

As an Alaska radio station reported late last month how NOAA’s National Marine Fisheries Service (NMFS) wasn’t able to do the required inspections of scales for weighing fish on boats or monitoring equipment. Without the inspections, harvesters in their state would not have been able to catch cod starting on Jan. 1 or pollock beginning on Jan. 20.

Read the full story at Undercurrent News

As many industries get shutdown relief, those without political clout feel left behind

January 21, 2019 — In the chaotic landscape of the partial federal shutdown, some constituencies have gotten speedy relief and attention from federal officials — while others are still trying to get in the door.

In some cases, even players within the same industry find themselves in starkly different predicaments.

When the shutdown began, members of Alaska’s congressional delegation said they made it clear that it was imperative that the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service keep enough managers on the job. Without the inspections the NOAA staff perform, boat operators would not be able to head out to the Bering Sea to catch cod starting Jan. 1 and pollock beginning on Jan. 20.

Chris Oliver, NOAA assistant administrator for the National Marine Fisheries Service — an Alaskan himself — tapped funds the agency had collected from industry to keep some employees at work over the past month and brought at least a couple back from furlough this month, according to several individuals briefed on the matter.

Sen. Dan Sullivan (R-Alaska) credited Oliver’s “outstanding work” for keeping the fisheries in business.

“Since holiday break, my office and I have worked and been in direct communication with a number of Commerce Department officials to ensure that federal fisheries in Alaska opened on time and fishermen were able to gain the necessary approvals and inspections to get out on the water,” Sullivan said in a statement. “This approach is vastly different from the 2013 government shutdown, which delayed Alaska’s lucrative and iconic crab fishery, and the agency’s efforts at mitigating impacts from the lapse in funding should be commended.”

But some fishing operators on the East Coast have yet to receive similar help — leaving their vessels grounded.

John Lees, managing partner of the scallop fishing vessel Madison Kate in New Bedford, Mass., said he was in the final stages of getting NOAA officials to transfer his federal permit from his old boat to his new one last month when the agency closed. Under federal rules, he has until March 31 to catch 134,000 pounds of scallops under certain conditions.

If he cannot sail, he said, he and his crew stand to lose $1.5 million worth of seafood.

“All we’re looking for now is for NOAA to just assign a number. That’s it,” Lees said in an interview, adding that he is working to reach agency officials amid the short staffing and that his assigned quota could now be out of reach. “It’s possible that we won’t be able to do it.”

NOAA spokeswoman Julie Roberts said in an email that agency staffers were working on key matters, despite the shutdown.

“NOAA continues to conduct enforcement activities for the protection of marine fisheries including quota monitoring, observer activities, and regulatory actions to prevent overfishing,” she said. “This is not specific to Alaska.”

Read the full story at The Washington Post

Fishery management delayed by partial government shutdown

January 18, 2019 — If the partial federal government shutdown drags on the 2018 summer flounder benchmark assessment may not be available, a fishery spokesperson said.

The assessment is needed to move forward with setting the fisheries 2019 regulations. And it’s not just summer flounder assessments, it’s scup, sea bass, and striped bass, to name some other key recreational fisheries.

“Basically, we’re all waiting on the benchmark assessments and stock reviews,” said Tina Berger, spokesperson for the Atlantic States Marine Fisheries Commission, or ASMFC.

“If all things were normal the council would move forward with making decisions for 2019 seasons,” Berger said. “Our federal partners are part of every part of the process.”

Read the full story at the Asbury Park Press

ALASKA: Disaster declarations, relief in limbo for multiple fisheries

January 16, 2019 — The last few years of commercial fishing for Alaska have turned up poor for various regions of the state, resulting in disaster declarations and potential federal assistance.

The 2018 season proved no different, with at least two disaster requests in the works at the state level. A third is in process at the federal level, and yet another is finally distributing money to affected fishermen from the 2016 season.

The three in process still have to be approved before going to Congress, where funds can be appropriated to assist fishermen. The process is affected by the federal government shutdown, as most of the National Marine Fisheries Service employees are furloughed until a resolution is reached.

The pink salmon disaster, which was requested in 2016 after catches across the Gulf of Alaska came in dismally below expectations, is awaiting a finalized plan for distributing $56 million in relief funds.

The plan is currently being reviewed by the National Oceanic and Atmospheric Administration before the fund distribution is coordinated by the Pacific State Marine Fisheries Commission, according to the Alaska Department of Fish and Game.

Read the full story at the Alaska Journal of Commerce

 

New York files suit over low commercial fluke quota

January 15, 2019 — New York State has filed suit against the Trump administration to officially contest the state’s “unfair” share of the federal quota for fluke,  state Attorney General Letitia James and Gov. Andrew M. Cuomo announced Monday.

The suit follows release of December 2018 allocations for fluke that the state said remained disproportionately small and based on “inaccurate and outdated” fishing data, James said in a statement.

Cuomo had first said the state would sue in 2013, but as recently as last year refrained from doing so as it attempted other remedies, including a petition filed with the federal government. “The message is loud and clear: we will fight this unfair quota until New York’s access to summer flounder is consistent with national standards,” Cuomo said in a statement.

Hundreds of  Long Island commercial fluke fishermen have for decades decried New York’s share of the commercial fluke quota, which stands at just 7.6 percent, compared  with 21.3 for Virginia and 27.4 for North Carolina.

Read the full story at Newsday

Recreational fishing rules to be overhauled under new law

January 14, 2019 — The rules that govern recreational marine fishing in the U.S. will get an overhaul due to a new law passed by Congress, and the country’s millions of anglers and the groups that stake their livelihoods on them hope the changes will bring better management.

The new standards are part of a suite of changes that proponents call the Modern Fish Act that were approved by the House and Senate in December. Supporters of the new rules have said they will boost an industry that contributes billions to the economy, though some members of the fishing industry felt deeper rule changes were warranted.

The passage is a “big step toward implementing science-based methods” and “marks the first substantial update to the federal fisheries management system in more than a decade,” said Nicole Vasilaros, senior vice president of the National Marine Manufacturers Association, a boating industry trade group.

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

MASSACHUSETTS: Ripple effect of shutdown felt across Cape Cod

January 14, 2019 — Brewster Natural Resources Director Chris Miller was in Washington, D.C., this week at an environmental conference where half the speakers he had hoped to hear — all federal environmental and science agency employees — were absent.

While many stories have focused on the shutdown’s financial effects on employees, it is also hurting those who depend on the federal government for funding and expertise.

The New England Fishery Management Council, which formulates management plans for the billion-dollar Northeast commercial fishing industry, depends on the National Oceanic and Atmospheric Administration scientists and fishery management personnel for analysis and input. But NOAA headquarters in Gloucester and the Northeast Fisheries Science Center in Woods Hole are closed, and the council has had to postpone any decisions at their upcoming meeting in Portsmouth, New Hampshire, and postpone most advisory committee meetings until the shutdown is resolved.

Read the full story at the Cape Cod Times

New England Council Update – January 8, 2019

January 11, 2019 — The following was released by the New England Fishery Management Council:

This is an important update regarding New England Fishery Management Council meetings during the partial government shutdown.

IS THE COUNCIL IMPACTED BY THE SHUTDOWN: The Council staff is at work and conducting business as usual. However, most of our federal partners at the NOAA Fisheries Greater Atlantic Regional Fisheries Office (GARFO) and the Northeast Fisheries Science Center (NEFSC) are on furlough during the shutdown.

WHAT ARE THE IMPLICATIONS: Since many GARFO and NEFSC scientists and fishery management specialists are key contributors to the Council’s Plan Development Teams (PDTs) and provide critical input and analyses during Committee meetings, the Council is rescheduling or modifying the agendas of several meetings where NOAA Fisheries representatives were expected to provide pivotal presentations, reports, and/or analyses.

WHAT ABOUT THE COUNCIL’S JANUARY 2019 MEETING: The Council’s January 29-31, 2019 meeting in Portsmouth, NH will proceed on schedule. The Council will not be taking final action on any agenda items during this meeting. If the partial government shutdown remains in place, the Council will conduct as much business as possible given the federal furlough. The agenda and additional information can be found at NEFMC January 2019 meeting.

GROUNDFISH: Groundfish PDT meetings have been revised or postposed. The Recreational Advisory Panel (RAP) meeting that was scheduled for Tuesday, January 15, 2019 has been postponed. The Groundfish Committee will meet on January 15 at the Doubletree by Hilton in Danvers, MA beginning at 10:00 a.m. under a revised agenda. All groundfish-related meetings and agenda updates will be posted on the Council’s groundfish webpage. Check back frequently during the shutdown.

RECREATIONAL WORKSHOPS: GARFO and Tidal Bay Consulting were scheduled to host three workshops to collaboratively brainstorm short- and long-term approaches for possible future recreational fisheries management strategies that could be shared with the Council, Groundfish Committee, and RAP. The January 8 Recreational Fishing Workshop in Portsmouth, NH has been postponed. The January 10 workshop in Narragansett, RI and the January 12workshop in Plymouth, MA also may be postponed. Interested parties are encouraged to continue checking the workshop registration page at the dates above for more developments.

EXECUTIVE COMMITTEE: The Council’s Executive Committee will meet on Wednesday, January 16, 2019 at the Four Points by Sheraton in Wakefield, MA. Meeting details will be available shortly at Executive Committee.

SCALLOPS: The Council’s Scallop Advisory Panel (AP) will meet on Thursday, January 17, 2019 at the Hilton Garden Inn in Boston beginning at 9 a.m. Learn more at Scallop AP. The Scallop Committee will meet the following day, Friday, January 18, 2019, at the same hotel. The meeting will begin at 9 a.m. Meeting materials will be posted in the near future at Scallop Committee.

EBFM: The Ecosystem-Based Fishery Management (EBFM) PDT meeting that initially was scheduled for January 9, 2019 has been rescheduled for January 18. The revised meeting notice and agenda are available at EBFM PDT. The EBFM Committee will meet for two days, Wednesday and Thursday, January 23-24, 2019, at the Boston Marriott Quincy in Quincy, MA. The meeting will begin at 9 a.m. both days. Visit the EBFM meeting webpage for more information.

NEW ENGLAND COUNCIL UPDATES: Any further updates to the Council’s January PDT and Committee meetings will be posted on the Council website. Visit the homepage at www.nefmc.org and click on the fishery management plan or Committee you are interested in.

COUNCIL PRIORITIES: During its December 2018 meeting, the New England Council adopted 2019 priorities for each of its fishery management plans, committees, and other responsibilities with partner agencies. View the list at NEFMC 2019 Priorities.

BOEM: Also of interest to New England Council stakeholders, the Bureau of Ocean Energy Management (BOEM) has postponed a January 8 meeting in New Bedford and a January 9 meeting in Narragansett, RI that were intended to gather public comment on the Draft Environmental Impact Statement for Vineyard Wind. Check the Vineyard Wind Website for updates on these two meetings, as well as the January 15 and 16 meetings currently scheduled for Hyannis and Nantucket, MA respectively.