January 3, 2020 — Even though a federal judge ruled in December that the U.S. Food and Drug Administration has the authority to regulate genetically modified salmon, a commercial fishing group that sued the agency is declaring “partial victory.”
That’s because, in May, the judge will hear arguments on the second part of the case, which questions whether the FDA’s approval of GM salmon was deficient.
May 1, 2019 — It’s taken four years but fishermen along California’s North Coast who have seen crab and salmon seasons truncated and even closed altogether will finally see some relief after $29.65 million in federal disaster relief funding was approved by Congress.
It was in the 2015-16 year the Dungeness crab fishery and the Yurok Chinook salmon fishery both collapsed due to poor water quality. Despite $200 million in relief funding made available in 2018, the release of the money was delayed by the U.S. Department of Commerce and it took a letter from U.S. Rep. Jared Huffman and Rep. Jackie Speier to get the ball rolling again last year.
“We’ve been waiting almost two years since these funds were made available by appropriations from Congress,” said Noah Oppenheim, executive director of the Pacific Coast Federation of Fisherman’s Association on Monday. “These funds have been desperately needed for a long time and the crab fishermen are already experiencing another severe hardship with whale entanglements and the funds are needed more now than they were before.”
Oppenheim said local crab fishermen will see anywhere from $22,000 to $45,000 depending on the size of their operation and it’s not as if someone has hit the lottery, this is money that will be used on the basics and the bare necessities.
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
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.
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.