Saving Seafood

In a settlement over whale entanglement, California’s Dungeness crab fishermen lose the spring season

June 3, 2019 — The worst-case scenario has been averted — no multiyear closure of California’s Dungeness crab fishery. But fishermen will feel the sting for years to come after a settlement in a lawsuit over whale and sea turtle entanglements has closed spring crabbing in the state for the foreseeable future. And the fishermen are not happy.

“The settlement is going to be extremely painful and extremely difficult to deal with,” said Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen’s Associations, noting that millions of dollars in product will be left in the water this year. “But this was the best possible deal that was acceptable to all parties.”

At issue is a 2017 lawsuit in federal court by the Oakland, Calif.-based Center for Biological Diversity that argued the state of California was in violation of the Endangered Species Act after a three-year spike in whale entanglements in Dungeness crab fishing gear from 2014 to 2017.

The lawsuit sought to force the state of California to obtain a federal incidental take permit for whales and turtles — a process that takes around three years to implement. It would have been possible for the fishery to remain closed during the intervening years, although the CBD says it never sought an indefinite closure through litigation.

In 2015, 50 whales, including humpback, gray and blue whales, were confirmed to have become entangled in fishing gear, up from an average of less than 10 annual entanglements in the 15 years prior. In 2016, the number of entanglements remained high at 48 confirmed whale entanglements. Numbers in 2017 were down, but still above historical norms, with 31 confirmed entanglements on the West Coast.

Read the full story at National Fisherman

California Considers Sport Crab Fishery for Action Relating to Whale Entanglement

April 19, 2019 — The California Fish and Game Commission is proactively working to avoid further whale entanglements — and further lawsuits.

On Wednesday the Commission approved the Marine Resources Committee to take up the issue of recreational crab fishing, and possibly other fixed gear fisheries, and its potential to entangle whales. The commercial fleet early on questioned why other fisheries, particularly sport fisheries, were not subject to the same scrutiny as the commercial sector.

The commercial season closed earlier this week, on April 15, as part of a settlement agreement between the Center for Biological Diversity, the California Department of Fish and Wildlife and the Pacific Coast Federation of Fishermen’s Associations, which intervened on the case.

CDFW Director Charlton “Chuck” Bonham said during the introduction that, despite a lot of the rhetoric, the increase in whale entanglements in 2015 and 2016 were examples of the real-life impacts of climate change. While the commercial crab season was delayed for months due to elevated levels of domoic acid, whales also ventured closer to shore in search of prey species. Both of those events were linked to warmer ocean waters.

Bonham said during the progression of the lawsuit, the department concluded the judge was likely to rule against the state. Had that happened, the court could have become a “special master” of the crab fishery, he said, and that inserting a federal judge in the management of the fishery wouldn’t make it any easier.

Thus, the state proceeded with settlement discussions between all three parties and began working with NOAA to establish a habitat conservation plan for the whales and get an incidental take permit for the fishery. The process could take up to two years. In the meantime, for some areas, particularly south of Mendocino County, the commercial fishery is scheduled to close on April 1.

The state also is accelerating its rulemaking activities relative to gear, furthering its gear retrieval program, restricting buoy and line configurations and furthering support for the Dungeness Crab Fishing Gear Working Group, Bonham said.

However, there’s also an equity issue, he said.

“It’s time to think about a refined approach to how we manage fixed gear in the water,” noting that recreational crab fishing could have similar issues with whale entanglements as the commercial crabbers have had.

PCFFA Executive Director supported the director’s comments.

“You can’t overstate the impact,” Oppenheim said of the effect on commercial fishermen and processors. “[It was] a seismic shock to our industry.”

The confidential nature of the settlement discussions did not allow any of the parties to discuss potential solutions with the broader fleet, leaving many crabbers frustrated when the agreement was finally disclosed. The fleet had less than a month to remove their gear from the water.

Oppenheim described the past few months as the worst period of his professional career, but it pales in comparison to the livelihoods of his members, he said. Many fishermen are losing the spring fishery on which they depend. Others had to delay their fishing seasons due to elevated levels of domoic acid, so the early closure only made things worse.

Now, recreational fishermen and other fixed gear fishermen may face the same quandary. Entanglements in other fisheries could have an impact on the settlement agreement.

Sport fishermen noted there are vast differences between commercial and sport crabbing gear and sport fishermen should not be subject to the same settlement agreement.

It’s manifestly unfair to apply that settlement on parties who had no representation to the discussion, said George Osborne, a lobbyist for the Coastside Fishing Club. Osborn said the club insists that any management measures on recreational crabbers be proportionate to the degree that anglers may be contributing to the whale and turtle entanglements.

Commission President Eric Sklar said the commission and managers recognize the differences between the fisheries.

The Marine Resources Committee will continue the discussion when it meets on July 11.

This article was republished with permission from SeafoodNews.com

Many California Crabbers Switching to Chinook Trolling as Salmon Seasons Are Set

April 18, 2019 — SEAFOOD NEWS — From San Francisco to Crescent City, Calif., crab pots were being loaded onto trailers and stacked in port lots for storage as Dungeness crabbers were forced to stop fishing Monday.

But there may be a little light at the end of the tunnel: Many crabbers also fish for salmon, and California salmon trollers will have more than 25 percent additional opportunity this year.

The Pacific Fishery Management Council announced the final West Coast salmon seasons Monday at its meeting in Rohnert Part, Calif.

“Although some salmon stocks are returning in stronger numbers than last year, balancing fishing opportunities with conservation is always a challenge for the Council, its advisors, fishery stakeholders and the public,” Council Executive Director Chuck Tracy said in a press release. “The seasons this year continue to protect stocks of concern, including Puget Sound Chinook, Washington natural coho, and Sacramento River fall Chinook.”

In addition to recommending salmon regulations for 2019, the Council developed a plan to work collaboratively with NMFS on southern resident killer whales, which are listed under the Endangered Species Act. Conservation groups have sued to force NMFS to take action to provide more salmon to orcas.

“This year’s package was adopted after careful consideration and analysis in order to meet our conservation objectives, consider impacts on the prey base important to southern resident killer whales, and consider in-river and Puget Sound fisheries,” Council Chair Phil Anderson said in the statement. “The Council also established a workgroup that will be working closely with the National Marine Fisheries Service to assess on a longer term basis the ocean salmon fisheries’ effect to the prey base of southern resident killer whales.”

However, for now, many California crabbers will be taking the crab blocks off their vessels and putting on their salmon gear. This year’s seasons open in some areas in May.

“It’s the best season we’ve seen in a while, though it’s still not wide-open fishing,” Pacific Coast Federation of Fishermen’s Associations Executive Director Noah Oppenheim was quoted as saying in the San Francisco Chronicle. “It’s important there are opportunities spread throughout the coast. They’re going to need to operate in this fishery after having lost crab fishing time in the spring.”

Between Horse Mountain and Point Arena (Fort Bragg), Calif., the area will be open June 4-30, July 11-31, and August 1-28. From Point Arena to Pigeon Point (San Francisco), the area will be open May 16-31, June 4-30, July 11-31, August 1-28, and September 1-30. From Pigeon Point to the Mexico border (Monterey), the area will be open all of May, June 4-30, and July 11-31. There will also be a season from Point Reyes to Point San Pedro, a subset of the San Francisco area, on October 1-4, 7-11, and 14-15.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

Dungeness drag: Fleet agrees to shutter early

March 29, 2019 — The California Dungeness crab season will come to an early end this year on April 15 — three months ahead of schedule — leaving millions of dollars of product in the water. The fleet opted for the early closure to settle a lawsuit over whale entanglement rather than risk the possibility of an indefinite closure.

“The settlement is going to be extremely painful and extremely difficult to deal with,” said Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen’s Associations. “But this was the best possible deal that was acceptable to all parties.”

At issue is a 2017 lawsuit in federal court by the Oakland, Calif.-based Center for Biological Diversity that argued the state of California and fishermen were in violation of the Endangered Species Act after a three-year spike in whale entanglements in Dungeness crab fishing gear from 2014 to 2017.

The lawsuit sought the closure of the state-managed fishery until a federal incidental take permit was established — a process that could take years to implement.

Commercial fishermen, state regulators and biologists had convened a California Dungeness Crab Fishing Gear Working Group in 2015 to find ways to limit whale entanglements while avoiding the burdensome federal incidental take permits.

A preliminary count for 2018 showed 45 whale entanglements on the West Coast, compared with 31 confirmed entanglements in 2017. Between 2000 and 2014, the West Coast saw an average of 10 entanglements per year, according to NOAA data.

Read the full story at National Fisherman

CDFW, Center for Biological Diversity, PCFFA Agree to Whale Entanglement Settlement

March 28, 2019 — SEAFOOD NEWS — In less than a month, California crabbers will have to pack in their crab pots and end their season, thanks to a settlement agreement filed in federal court Tuesday.

The legal settlement protects whales and sea turtles from entanglement in commercial Dungeness crab gear. The Center for Biological Diversity sued the California Department of Fish and Wildlife in October 2017 after a drastic increase in the number of whale entanglements off the West Coast.

In a joint statement between the Center, CDFW and the Pacific Coast Federation of Fishermen’s Associations, who intervened in the lawsuit on behalf of the fishing industry, the entities said Californians will be pleased to know that Dungeness crab will be caught off the coast with greater care for endangered wildlife under the settlement. The early closure this year is just one of many stipulations in the settlement.

“As I’ve said many times, no one wants whale entanglements to happen,” CDFW Director Charlton H. Bonham said in the press release. “This agreement represents hours of intense negotiation to help ensure they don’t happen while supporting the resiliency of the crab fishery in the long run. I am thankful for the leadership of the Center for Biological Diversity and the Pacific Coast Federation of Fishermen’s Associations who realized something needed to be done together.”

“This is great news for whales and sea turtles fighting extinction off California’s coast,” Kristen Monsell, a Center for Biological Diversity attorney, said in the statement. “The settlement will reduce serious threats from crab gear to these beautiful and highly endangered animals. This agreement is a turning point that gets us closer to zero entanglements and a healthy ocean.”

The settlement, subject to court approval, creates a comprehensive approach to the problem of whale entanglements. It expedites state regulation, ensures stakeholder input from the Dungeness Crab Fishing Gear Working Group and formalizes a first-ever commitment by CDFW to pursue a federal permit for protecting endangered species. While these steps are executed, the settlement calls for this year’s crab season to end three months early and prescribes protective measures for future springtime fishing seasons, when the greatest number of whales are present off the California coast.

In November 2018, CDFW announced it would seek a federal permit under the Endangered Species Act to address protected species interactions with the crab fishery. Obtaining a permit and developing a conservation plan as part of that process can take years, so the settlement spells out interim protections.

“This settlement represents the path back to normality for California’s crab fishery with built-in protections for whales and crab fishing operations under the Endangered Species Act,” PCFFA Executive Director Noah Oppenheim said in the statement. “The past several years have been extraordinarily challenging for fishing families, and the actions we’re taking here are no exception. But in the end, we’re going to emerge together with a resilient, prosperous, and protective fishery that will continue to feed California and the nation.”

However, as word got out that crabbers would have to pull their gear soon, frustration and anger followed.

Bodega Bay crab fisherman Tony Anello was quoted in the Press-Democrat as saying, “It hurts. Guys like me, right now I want to fish to the end.”

Most of the crab season is over in the first few weeks after it opens. As the crab supply dwindles, ex-vessel prices frequently rise and some of the fishermen rely on the limited supply for small markets in the spring and summer.

Already many large processors have stopped buying crab and turned to other fisheries as the pink shrimp and salmon seasons are set to open soon.

Fishermen and processors in other states are still waiting to understand the full ramifications of the agreement. What it will mean for next year’s fishery, whether the Center may sue other states, how regulations will change are all in question right now.

For example, the California Dungeness Crab Fishing Gear Working Group, started in 2015 in reaction to whale entanglements, has made progress, but apparently not enough to satisfy the Center. Kristin Monsell, the CBD attorney, was once a member of the Working Group at its inception, according to working group records, but CBD pulled out of the group later.

Like California’s working group, Oregon and Washington have developed similar entities to deal with entanglements. They too have representatives of sport and commercial fishermen, ENGOs, industry, marine mammal experts and state and federal managers.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

Court Denies California’s Attempt to Delay Whale Entanglement Case

February 1, 2019 — SEAFOOD NEWS — A federal court has rejected the California Department of Fish and Wildlife’s bid to delay a lawsuit alleging it’s not doing enough to prevent its commercial Dungeness crab fishery from entangling whales and sea turtles in violation of the federal Endangered Species Act.

The Center for Biological Diversity sued the department in October 2017 after whale entanglement numbers broke records for three straight years.

“This is an important win in our fight to protect whales and sea turtles from suffering and dying in crabbing gear. It’s time for California regulators to stop delaying and take action,” Kristen Monsell, oceans legal director at the Center, said in a press release. “The court recognized that it can’t just sit on the sidelines while state officials have no plan to prevent entanglements. Talking and holding endless meetings isn’t enough.”

U.S. District Court Judge Maxine Chesney denied the department’s motion to stay the case for two and a half years while it applies for an ESA Section 10 federal permit, which would require preventive measures. California sent a letter to NOAA last year, indicating the agency’s plans to formally file for the permit.

In the meantime, California has taken steps to avoid whale entanglements. The Dungeness Crab Fishing Gear Working Group published a best practices guide for fishermen It also established the Risk Assessment and Mitigation Program (RAMP) to support the state in working collaboratively with experts (fishermen, researchers, NGOs, etc.) to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce risk of entanglement. Working with federal scientists, the group also solicits periodic flyovers to find concentrations of gear and concentrations of whales. With that information, fishermen can voluntarily get their gear and/or try to avoid whale interactions.

The Pacific Coast Federation of Fishermen’s Associations filed as an intervenor in the lawsuit and continues to support the industry in its efforts to avoid whale entanglement.

“No commercial fisherman wants to entangle whales or sea turtles in their fishing gear – doing so is not only a public relations disaster, but will likely destroy that gear, can damage their boats and can even be life-threatening,” the PCFFA states in its Memorandum in Support of Motion for Intervention in March 2018. “Many commercial fishermen voluntarily participate in programs to identify and rescue marine animals (especially whales) from entanglements in commercial fishing gear, often at great personal peril.”

On Feb. 22 the court is scheduled to consider the Center’s motion for summary judgment, the Center said in a press release.

In 2016 federal officials confirmed that the California commercial Dungeness crab fishery entangled at least 23 animals. As of late November, at least 36 whale entanglements had been reported off California in 2018, including at least five humpback whales entangled in California commercial Dungeness crab gear, the Center said in the statement.

California’s attention to this issue a few years ago has resulted in several gear workshops that included researchers, developers and fishermen coming together to try to solve or mitigate whale entanglement issues on the entire West Coast. Both Oregon and Washington now have their own gear/entanglement groups, working on problems and proposing incremental steps to prevent entanglements. Washington also has notified NOAA it intends to apply for an ESA Section 10 permit for its Dungeness crab fishery.

This story was originally published by SeafoodNews.com, a subscription site. It is reprinted with permission.

California opens more coastline to crab fishing, but don’t count on a big haul yet

January 17, 2019 — Woe is the crab lover: More of California’s north coast opened to commercial crab fishing Tuesday, but stormy waters and a shellfish toxin still are limiting the haul and putting a further crimp on the season for the tasty crustaceans.

“It’s not easy to be a crab fisherman in California this year,” said Noah Oppenheim, director of the Pacific Coast Federation of Fishermen’s Associations. “But they’ll soldier on.”

Crab lovers had hoped for relief this season after several frustrating winters of on-again-off-again crab catching along the California coast. The crab fishery was valued at $67.5 million last season.

Crab fishers began hauling up the tasty crustaceans along the Central Coast south of Mendocino County when the commercial season began in mid-November.

But state authorities kept the fishery north of Sonoma County off limits until Tuesday — the latest date allowed by law — because crabs there were coming in lean and considered not ready for market.

Read the full story at The Mercury News

West Coast fishermen are suing oil companies for climate change damages

December 5, 2018 — Fishermen are still waiting for permission to catch Dungeness crabs off California’s northernmost coast this season — and they want oil companies to pay for the delay.

State officials have postponed the start of the commercial Dungeness crab season because of high levels of a neurotoxin called domoic acid. Similar closures have wreaked economic havoc on the industry in recent years.

he neurotoxin’s presence in the prized crabs has been linked to warming ocean waters, one of the many effects of human-caused climate change. That’s why the West Coast’s largest organization of commercial fishermen is suing more than a dozen oil companies, arguing they have knowingly peddled a product that threatens ocean life and the people whose economic fortunes depend on it.

The oil companies “engaged in a coordinated, multi-front effort to conceal and deny their own knowledge of those threats, discredit the growing body of publicly available scientific evidence, and persistently create doubt,” the Pacific Coast Federation of Fishermen’s Assns. said in its lawsuit, filed last month.

“Families and businesses that depend on the health and productivity of the Dungeness crab fishery to earn their livings suffer the consequences,” the federation said.

Read the full story at the Los Angeles Times

Climatic closures: Crabbers file suit over warming waters

November 16, 2018 — On Wednesday morning, Nov. 14, as crabbers in California’s San Francisco Bay prepared for the state’s Dungeness crab opener today, the Pacific Coast Federation of Fishermen’s Associations filed a lawsuit alleging that 30 fossil fuel companies are to blame for the past four years of delayed Dungeness crab seasons and disastrous economic losses. The reason? Ocean warming as a result of fossil fuel consumption.

“We’re taking a stand for the captains and crew, their families, and the business owners that support the fleet,” said Noah Oppenheim, the association’s executive director. “The fossil fuel companies named in our lawsuit knowingly caused harm, and they need to be held accountable. We are seeking to implement measures, at the fossil fuel industry’s expense, that will help crabbers adapt to a world in which domoic acid flare-ups will be increasingly common, and also help those crabbers who suffer financial losses as a result.”

The lawsuit claims that these fossil fuel companies have been aware for nearly 50 years that “greenhouse gas pollution from their fossil fuel products has a significant impact on Earth’s climate, including a warming of the oceans” and that West Coast crabbers, their families and the communities they support have suffered “substantial economic losses due to those lost fishing opportunities.”

“We’re out fishing all the time, and it’s obvious the oceans are getting warmer,” said Crescent City, Calif., crabber John Beardon. “That’s bad for crabs and other fish, and it’s bad for those of us who make a living on the water. The last three years have been really hard. Our community came together and held a fish fry to help our crew members. But fish fries and disaster relief are no solution to these closures we’re now seeing year after year after year.”

This summer, the government allocated $25.8 million in disaster assistance to those affected by the 2015-16 closure of California’s commercial Dungeness and rock crab fisheries. While that funding was welcome, it certainly didn’t solve the problems of commercial fishing families coming off a series of tough seasons. Oppenheim said that that the 2015-16 closure cost the industry $110 million in lost revenue.

Read the full story at National Fisherman

West Coast crab fisherman sue 30 fossil fuel companies, citing economic losses due to climate change

November 15, 2018 — The day before commercial fishermen were due to bring the first of the season’s Dungeness crab to Bay Area docks, they made other news.

On Wednesday, West Coast crab fishermen filed a lawsuit alleging that 30 fossil fuel companies are to blame for the past several years of delayed seasons and disastrous economic losses due to ocean warming. Specific complaints include strict liability, failure to warn and negligence.

“The scientific linkage between the combustion of fossil fuels and ocean warming, which leads to domoic acid impacts in our fisheries, is clear,” said Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen’s Associations, which filed the suit in California State Superior Court in San Francisco on behalf of California and Oregon crab fishermen. “We know it, and it’s time to hold that industry accountable for the damage they’ve caused.”

West Coast crab fishermen have experienced significant losses during the past three years, starting in the 2015-16 season when massive algal blooms caused by warm ocean temperatures resulted in a domoic acid outbreak that caused a months-long delay. The season was partially delayed again during the 2016-17 season for the same reason.

In California, Dungeness crab brought in over $47 million in 2017 and $83 million in 2016; the amount was down to $17 million in 2015, during the industry’s first major problem with domoic acid. Oppenheim said that that the 2015-16 closure cost the industry $110 million in lost revenue. There are nearly 1,000 Dungeness crab permit holders in California and Oregon.

Read the full story at the San Fransisco Chronicle