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Fisherman appeals case over monitoring costs

September 23, 2016 — New Hampshire fisherman David Goethel is looking to the federal appeals court to overturn a federal judge’s ruling that allows NOAA Fisheries to impose the cost of at-sea monitoring on Northeast groundfish permit holders.

Goethel, represented by lawyers from the Cause of Action watchdog group, has filed an appeal with the First Circuit Court of Appeals in Boston, hoping to reverse U.S. District Court Judge Joseph Laplante’s July 29 ruling in Goethel’s lawsuit that granted summary judgment to the federal government.

“NOAA lacks the authority to require industry funding for at-sea monitors. Its decision to do so violates federal statutes and the Constitution,” said Alfred Lechner Jr., president and chief executive officer of Cause of Action as well as a former federal judge. “Our clients had a legal right to their day in court at the time they filed suit. The decision holding otherwise is an error. An appeal from the decision of the district court has been filed.”

The original lawsuit, filed by Goethel and the South Dartmouth-based Northeast Fishing Sector 13 last December in U.S. District Court in Concord, New Hampshire, claimed the federal government violated fishermen’s constitutional rights by mandating they pay for the at-sea monitoring coverage designed to make sure fishermen are adhering to the intricacies of the federal fishery management regulations.

Read the full story at the Newbury Port Daily News

Studies Focus on Acidic Ocean Impact on Dungeness Crabs

September 23, 2016 — Millions of pounds of Dungeness crab are pulled from Pacific Northwest waters each year in a more than century-old ritual for commercial and recreational fishermen.

But as marine waters absorb more carbon dioxide in the atmosphere, federal scientists are worried that the ocean’s changing chemistry may threaten the sweet-flavored crustaceans.

So scientists with the NOAA Fisheries’ Northwest Fisheries Science Center are exposing tiny crab larvae to acidic seawater in laboratory experiments to understand how ocean acidification might affect one of the West Coast’s most lucrative fisheries.

Research published this year found that Dungeness crab eggs and larvae collected from Puget Sound and exposed to higher levels of carbon dioxide — which increases ocean acidity — grew more slowly and larvae were more likely to die than those in less corrosive seawater.

Now, researchers are taking the experiments a step further to study how the crabs respond to multiple stressors during various growth stages. They also plan to analyze the sublethal effects: Even if the crabs don’t die, are they affected in physiological or other ways by ocean acidification?

“They’re so economically and ecologically important here on the West Coast,” said Paul McElhany, a research ecologist with the Northwest Fisheries Science Center north of Seattle, who is leading the current experiments.

Crab larvae are valuable food for small salmon and forage fish like herring that are eaten by salmon. Dungeness crabs are also the top revenue-fetching fishery in Washington and Oregon. In 2014, nearly $200 million worth of crabs were harvested along the West Coast.

Read the full story at ABC News

Alaska fisheries escape effects of climate change for now

September 22, 2016 — With coastlines eroding, temperatures rising, and sea ice retreating, Alaska is feeling the effects of a warming planet. But a new federal report suggests fisheries in the state haven’t experienced many observable impacts of climate change so far.

Commercial fishing in Alaska is a multi-billion dollar industry. For 18 consecutive years, fishermen have hauled more fish into Dutch Harbor than anywhere else in the country. But at this point, researcher Terry Johnson says climate change isn’t a hot topic in the industry, even though it could affect young fishermen.

“We aren’t talking about next year, but we are talking about within this century or within the working lives of young people who are just coming into the fishery now,” he said.

Johnson says interest in the topic is growing among fishermen.

As a researcher for Sea Grant — an offshoot of the National Oceanic and Atmospheric Administration — he’s synthesized hundreds of scientific papers, interviewed scientists and stakeholders, and combed through popular media to compile this report.

Read the full story at KTOO

NOAA hosting hearings on funding fish monitors

September 21, 2016 — NOAA Fisheries has scheduled a number of public hearings in October and November, including one in Gloucester, to elicit public comment on the proposals for industry-funded monitoring programs for a variety of fisheries.

The schedule includes a public hearing at the National Oceanic and Atmospheric Administration’s Greater Atlantic Regional Fisheries Office at 55 Great Republic Drive in Gloucester on Oct. 4 from 6 to 8 p.m.

The other locations for the public hearings are Portland, Maine, on Oct. 20; Cape May, New Jersey, on Oct. 27; and Narragansett, Rhode Island, on Nov. 1. There also will be an online webinar Oct. 17.

The period for written public comments on the amendments being considered by the New England Fishery Management Council and the Mid-Atlantic Fishery Management Council will stretch from Sept. 23 until Nov. 7.

“The Mid-Atlantic and New England Fishery Management Councils are developing an omnibus amendment to allow for industry-funded monitoring,” said the notice published Tuesday in the Federal Registry. “This amendment includes omnibus alternatives that would modify all of the fishery management plans managed by the Mid-Atlantic and New England Fishery Management Councils to allow for standardized and streamlined development of future industry-funded monitoring programs.”

Read the full story at the Gloucester Times

Fishing lines threaten whales, but help is possible

September 20, 2016 — Humpback whales off New Jersey’s coast, like the young male that washed up dead Friday on a Sea Isle City beach, were taken off the federal endangered species list this month because of rebounding numbers.

The animals may have gotten entangled, then disentangled, but might have starved to death because of infection or another totally unrelated disease, Gouveia said.

Commercial fishermen are doing what they can to prevent such interactions, said Greg DiDomenico of the Garden State Sea Food Association in Cape May, who is part of the NOAA task force that devises the Atlantic Large Whale Take Reduction Plan.

“These are things no one wants to see happen,” said DiDomenico of entanglements. “It’s never intentional, but still it makes you feel bad.”

Read the full story at the Press of Atlantic City

ABTA: Atlantic Marine Monument Says U.S. Doesn’t Support Its Own Sustainable Fisheries

September 15, 2016 — The following was released today by the American Bluefin Tuna Association, in response to President Obama’s decision to designate a new Marine National Monument off the coast of Cape Cod:

The American Bluefin Tuna Association (ABTA) represents 27,000 commercial, charter/headboat and recreational fishermen who fish for Bigeye, Yellowfin, Bluefin and Albacore tuna. ABTA is deeply saddened to hear of President Obama’s decision today to designate a marine monument in the Northeast Canyons and Seamounts. All of the aforementioned fish species are found and fished by our fishermen within the newly designated monument.

ABTA’s fishermen have the distinction of employing the most sustainable fishing methods of any oceanic fishery in the U.S.  ABTA’s commercial fishery is the U.S.’s only artisanal fishery, as defined by the United Nations Fish and Agriculture Organization (UN FAO) and by the International Commission for the Conservation of Atlantic Tunas (ICCAT). ABTA fishermen catch one fish at a time, using handgear, with negligible bycatch and its commercial fishermen have the highest record of compliance with fishery regulations of any such fishery in the world.

ABTA’s takeaway from the Administration’s decision to designate an Atlantic marine monument:

  1. This decision sends a message to the world that the U.S. does not support its own sustainable fisheries; that the U.S. is more interested in promoting the concept of marine protected areas internationally than it is in protecting its own fishing economy and food supply. Implicit in this action is the message that the U.S. does not trust the body of law that we have created and the democratic institutions we have empowered to enact that law in the stewardship of our oceans.
  1. This decision will most definitely result in the U.S. having greater difficulty in utilizing its fishing quota, as set by ICCAT, for certain species fished in this region; in particular, swordfish. There is a very real threat that the U.S. will have to surrender some or all of its unutilized swordfish quota to another ICCAT-member country who may not maintain sustainable fishing practices. This decision will also result in an unnecessary increase in fish imports.
  1. The proposed prohibition on all forms of fishing in the monument is simply punitive and completely unnecessary. The Canyons and Seamounts region is in very deep water, from 1,500 to 15,000 ft in depth. Much of the fishing in this region uses surface and sub-surface fishing gear, sustainable fishing methods in which the fishing gear never comes into contact with deep sea coral found on the sea floor. Prohibiting these forms of fishing is tantamount to prohibiting commercial airline flights over Yellowstone National Park for fear that trees will be knocked down.
  1. The notion that creating a marine monument will contribute to the sustainability of the marine species found there is a myth. All of the marine species harvested in this region are from healthy fish stocks and are sustainably managed by NOAA. Most of the marine species that are harvested in this region are highly migratory, highly fecund pelagic species whose habitat is the entirety of the tropical, sub-tropical and temperate regions of the Atlantic Ocean and its adjacent seas. These species do not preferentially inhabit this region for long periods of time. They swim in and out of the region constantly during certain months and migrate to the east Atlantic, West Africa or the east coast of South America regularly.

A negative message

Abandoning the open, democratic and thoroughly science-based process by which we undertake to establish protections for important marine attributes in favor of a monument established by executive fiat sends a negative message to those U.S. fishermen and shoreside industries who would needlessly pay for this monument by loss of income. It also sends a negative message to the majority of our fishermen who are committed to adhering to the processes and respect for regulation promulgated in accordance with the Magnuson Stevens Act. The decision is a clear denouncement of the democratic institutions that are charged with safeguarding the public interest as it pertains to oceanic marine matters. U.S. fisheries, in particular those fisheries that are found in the proposed area, are already the most highly regulated such fisheries in the world.

Absent strong, verifiable scientific support for such an action, creating a marine monument based upon vague and unsupported concerns “for the future”, can be likened to such expressions as “better safe than sorry” or “an ounce of prevention is worth a pound of cure”. These are fairly vacuous guidelines for safeguarding the environment and for public policy in general.

David Schalit, Vice President

American Bluefin Tuna Association

MASSACHUSETTS: Bluefin tuna seized for size violation donated to homeless shelter

September 14, 2016 — A bluefin tuna was donated to a local homeless shelter after it was seized for a size violation during a routine inspection on Stellwagen Bank National Marine Sanctuary, the Massachusetts Environmental Police said in a Facebook post.

Police were inspecting a fleet of more than 100 tuna ships on the sanctuary Tuesday when officers located a vessel with a 55-inch bluefin tuna onboard, according to police.

The fish was about 18 inches under the required size limit for the ship’s fishing permit category, police said. The National Oceanic and Atmospheric Administration (NOAA) asked that officers seize the tuna because of the violation.

Police transported the fish to Boston, where a NOAA officer took possession of it, according to police. The tuna was then donated to a homeless shelter in the area.

Read the full story at The Boston Globe

Will Obama fence off more of the ocean? US fishermen are fearful

September 13, 2016 — American fishermen are deeply fearful that the Obama White House could cut them off as early as this week from major fishing areas of the U.S. continental shelf on both coasts, further restricting one of the most highly regulated fishing industries in the world.

At stake are millions of dollars in fishing revenue and hundreds of jobs — and in some parts of the country, the survival of an embattled way of life that has persisted for centuries but is facing environmentalist pressures unlike anything before — and without  the chance for hearings and legislative back-and-forth that U.S. laws normally require.

“This totally affects us, but we don’t know what’s going on,” one fishing boat owner, who asked to remain anonymous, told Fox News. “We are just out of the loop. No one even wants to say what effect it will have.”

“They are throwing all fishermen under the bus, along with their supporting industries” declared Marty Scanlon, a fishing boat owner and member of a National Oceanic and Atmospheric Administration fisheries advisory panel on highly migratory fish species in the Atlantic. “They’ve done everything they can to put us out of business.”

What the fishermen fear most is the kind of unilateral action by the White House that they have already seen elsewhere. As part of their ongoing environmental ambitions, the Obama administration’s Council on Environmental Quality, and the president himself, are aggressively interested in creating preservation zones that would ban fishing and other activities within large portions of the 200-mile U.S. “exclusive economic zone” of maritime influence, and just as interested in getting other nations to do so, in their own as well as international waters.

That aim, supported by many important environmental groups, is cited as urgently required for protection against diminishing  biodiversity, overfishing and damage to coral and unique underwater geological features — not to mention the fact that with only a few months remaining in his term, the president sees such sweeping gestures as part of his legacy of achievements, and as the boat owner put it, “the window is narrowing” for the administration to act.

As one result, pressure from lobbying campaigns both for and against new declarations of such no-go zones both along the U.S. northeastern Atlantic coast and the coast of California have been mounting.

So has, apparently, behind-the-scenes maneuvering to get influential Democratic legislators to support such new preservation areas publicly — a tough call, since the affected fishermen are also constituents. So far, many of the Democrats are keeping a low profile.

Read the full story at Fox News

CHRISTIAN PUTNAM: Balancing good news with bad

September 13, 2016 — Due to budgetary constraints and other factors, in recent years the federal surveys of fish stocks have been reduced and carried out by a single vessel, the Fisheries Survey Vessel (FSV) Henry B. Bigelow. The way a survey is done is like regular commercial fishing in that the survey vessel tows gear similar to commercial fishing gear in order to determine how many fish are in the area and what species. The reduced surveys and limited areas surveyed have been the subject of considerable criticism by the commercial fishing industry and local politicians.

Taking a page from the Commonwealth of Massachusetts fisheries regulators, last month NOAA Fisheries announced the agency is looking for one to three trawler-type fishing vessels to handle “part or all” of the spring and fall surveys for the next five years.

NOAA Fisheries states this action is to get more consistent and expansive results from the surveys. Perhaps this will avoid recurrence of the disastrous quota reductions, such as the nearly 90 percent reduction in cod quota over the past couple years. This action also shows that NOAA Fisheries is beginning to listen to the criticism of the stakeholders that suffer the results of their decisions and wishes to build some trust in the science and processes used to make quota decisions.

It also makes sense to allow the under-utilized fishing fleet to operate for these purposes so that the fishermen can create revenue through survey research, as they are not able to fish on a consistent basis these days. It is encouraging to see what appears to be a change toward better policy and perhaps a more rational approach to gathering the information needed to make important decisions about the natural resources that belong to the public and are relied up by many of our neighbors to make a living.

Read the full story from the Scituate Mariner

Northern Pacific Fishery Management Council 40th Anniversary Celebration

September 12, 2016 — The following was released by the Northern Pacific Fishery Management Council:

The North Pacific Fishery Management Council will be celebrating 40 years of the Magnuson-Stevens Fishery Conservation and Management Act on Thursday, December 8, 2016 at the Captain Cook Hotel from 6 to 10 pm. Seating is limited. Registration opens October 10. More information will follow at the October Council meeting.

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