Saving Seafood

VIRGINIA: Labor Joins Business Groups In Opposition to ASMFC Menhaden Allocation

AFL-CIO, United Food & Commercial Workers, Chamber of Commerce, Manufacturers Association, Seafood Council, and Watermen Urge Virginia to Reject Commission Decision

February 7, 2018 (Saving Seafood) – WASHINGTON – Virginia business and labor groups have united in calling on Virginia’s General Assembly to reject a reduction in the state’s menhaden quota. In a letter to the Chairmen of Virginia’s Senate and House committees on Agriculture and Natural Resources, the groups argued that the Atlantic States Marine Fisheries Commission’s (ASMFC) decision to redistribute a share of Virginia’s menhaden allocation to other states is unfair and damaging to Virginia businesses and workers.

The letter, sent yesterday to Chairman Richard Stuart of the Virginia Senate Agriculture, Conservation and Natural Resources Committee and Chairman Danny Marshall of theVirginia House Agriculture, Chesapeake and Natural Resources Committee was signed by the Virginia AFL-CIO, the Virginia Chamber of Commerce, the Virginia Manufacturers Association, the Virginia Seafood Council, the Virginia Waterman’s Association, and the United Food and Commercial Workers Local 400.

In November, the ASMFC voted to raise the coastwide allocation of Atlantic menhaden by 8 percent but redistributed it in such a way that the two largest menhaden producing states – Virginia and New Jersey – saw their percentage of the coastwide catch reduced. Under Virginia law, the state legislature must pass legislation accepting the decision of the ASMFC before any such determination becomes effective in the Commonwealth.

“The ASMFC re-allocated the number of menhaden each state could land, giving increased shares to states with little to no menhaden fishing activity,” the groups wrote. “This plan unfairly takes from Virginia while increasing the total allowable catch on the Atlantic Coast by 16,000 metric tons.”

In their letter, the groups argued that the ASMFC could have avoided this problem by increasing the quota further; they pointed out that scientists on the Commission’s Menhaden Technical Committee previously concluded that the coastwide quota could be increased by over 40 percent without a risk of overfishing.

Virginia’s General Assembly is currently considering legislation that would accept the ASMFC’s quota and reallocation plan. The letter calls on legislators to vote against the pending bill.

“Should Virginia reject this, they will stand up for all fisheries managed by the ASMFC,” the groups wrote in their letter. “Should Virginia accede to the ASMFC on this issue, in the future other states may team up on Virginia, take our allocation of other fish, and distribute it to other states.”

The request from organized labor and business groups comes at a delicate time for the ASMFC. As their letter notes, there is recent new precedent for a state that believes its own rules provide adequate conservation to successfully appeal a decision made by the ASMFC. Last June, the Commission recommended to Secretary of Commerce Wilbur Ross that New Jersey be found out of compliance with new rules on recreational summer flounder fishing, known as Addendum XXVIII. However, Secretary Ross did not agree with the Commission’s determination, and ruled New Jersey to be in compliance, marking the first time the Commerce Department had rejected a noncompliance recommendation from the ASMFC.

In a letter to ASMFC Executive Director Robert Beal, Assistant Administrator for NOAA Fisheries Chris Oliver wrote, “New Jersey makes a compelling argument that the measures it implemented this year…will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective…” As a result, “the Secretary has found that the measures are likely to be equivalent in total conservation as those required under Addendum XXVIII,” Administrator Oliver wrote.

According to the ASMFC, the menhaden fishery is sustainable and the stock remains healthy. The Commission’s most recent stock assessment, completed in 2017, concluded that menhaden is currently not overfished and is not experiencing overfishing.

 

NEFMC: January 2018 Council Update

January 3, 2018 — The following was released by the New England Fishery Management Council:

CONTRACTOR WANTED:  The New England Fishery Management Council is soliciting the services of an independent contractor to update a January 2015 discussion related to river herring and shad.  The document reviewed and summarized management and legal considerations associated with adding river herring and shad as stocks in the Atlantic herring fishery. The application deadline is January 15, 2018.  More information is available at Council Seeks Contractor to Update “Stocks in the Atlantic Herring Fishery” Discussion Document.

COUNCIL PROGRAM REVIEW:  The Council continues to encourage stakeholders to participate in the ongoing external review of how it conducts business.  The review is intended help the Council identify its strengths and weaknesses and flag potential areas for improvement.  Twelve port meetings and one webinar meeting were held in November and December to gather public input.  Two more port meetings are scheduled for:

  • Monday, January 8, Montauk, NY – Montauk Playhouse Community Center, 240 Edgemere Street, 5 p.m.
  • Tuesday, January 9, Cape May, NJ – Rutgers University, 1636 Delaware Ave., 5 p.m.

Three fishery managers and three scientists have been selected to serve on the independent review panel. They are:

  • Robert Beal, Executive Director, Atlantic States Marine Fisheries Commission
  • Robert Gill, former member and Chair, Gulf of Mexico Fishery Management Council; current member, Gulf Council’s Scientific and Statistical Committee
  • Dan Hull, Chairman, North Pacific Fishery Management Council
  • Dr. Pamela Mace, Principal Adviser Fisheries Science, Ministry for Primary Industries, New Zealand
  • Dr. Bonnie McCay, Board of Governors Distinguished Service Professor, Rutgers University
  • Dr. Kenny Rose, France-Merrick Professor in Sustainable Ecosystem Restoration, Horn Point Laboratory, University of Maryland Center for Environmental Science

The review panel will meet Tuesday, March 13 through Friday, March 16 to discuss Council operations and conduct its work. The meeting, which is open to the public, will be held at the Hilton Garden Inn, Boston Logan Airport.

Stakeholders still have time to take the online survey, which is available HERE.  More information can be found at Council Program Review.

JANUARY COUNCIL MEETING:  The New England Council will meet for two days in Portsmouth, NH from Tuesday, January 30 through Wednesday, January 31 at the Sheraton Harborside on Market Street.  The agenda is available at January 2018 Council meeting.

QUESTIONS:  Call or email Janice Plante at (607) 592-4817, jplante@nefmc.org.

 

ASMFC Blasts Secretary Ross Decision on Summer Flounder in Favor of New Jersey’s Recreational Sector

July 18, 2017 — SEAFOOD NEWS — In a stunning decision to grant New Jersey’s recreational summer flounder fishery a waiver from new regulations to conserve the stock, Secretary of Commerce Wilbur Ross has shattered a 75-year practice of honoring the scientific process of the Atlantic States Marine Fisheries Commission. The letter was written to Executive Director Robert Beal and signed by Chris Oliver, Assistant Administrator NOAA Fisheries on July 11, 2017.

Oliver notes that the Atlantic Coastal Act’s compliance process rests on two criteria — whether or not New Jersey has failed to carry out its responsibility under the management plan and if so, whether the measures the state failed to implement are needed for conservation purposes of summer flounder.

Oliver further notes that if the Secretary determines that New Jersey has not been in compliance, the Act mandates that Ross declare a moratorium on that fishery.

“New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective for the recreational fishery,” Oliver wrote.

“While there is some uncertainty about how effective the New Jersey measures will be, considering the information provided by the state, the Secretary has found that the measures are likely to be equivalent in total conservation as those required under Addendum XXVVIII. Therefore, the second criterion of the noncompliance finding is not met and it is unnecessary to implement a fishery moratorium in New Jersey waters in 2017,” Oliver wrote.

“The Commission is deeply concerned about the near‐term impact on our ability to end overfishing on the summer flounder stock as well as the longer‐term ability for the Commission to effectively conserve numerous other Atlantic coastal shared resources,” replied Commission Chair Douglas Grout of New Hampshire.

“The Commission’s finding of noncompliance was not an easy one. It included hours of Board deliberation and rigorous Technical Committee review, and represented, with the exception of New Jersey, a unanimous position of the Commission’s state members. Our decision was based on Technical Committee’s findings that New Jersey’s measures were not conservationally‐ equivalent to those measures in Addendum XXVIII and are projected to result in an additional 93,800 fish being harvested,” Grout added.

Based on the latest stock assessment information, summer flounder is currently experiencing overfishing. Spawning stock biomass has been declining since 2010 and is just 16% above the threshold.

But almost from the day Ross was confirmed as Secretary of Commerce, the political push to oppose further restrictions was underway.

On March 2, 2017, NJ governor Chris Christie “formally requested the new U.S. Secretary of Commerce, Wilbur Ross, to put a hold on severe restrictions on recreational summer flounder fishing adopted recently by a regional fisheries commission, a move that would effectively cripple the state’s fishing industry and have far-reaching impacts on the shore tourism economy,” read an announcement from NJ Department of Environmental Protection Commissioner Bob Martin.

On June 23, Congressman Frank Pallone, Jr. (NJ-06) sent a letter to Ross asking him to consider New Jersey’s response to the ASMFC’s evaluation of the state’s compliance.

“I firmly believe that New Jersey is making every reasonable effort to chart a course forward that adequately balances conservation with the economic needs of fishermen and fishing communities, and I ask that you give the state’s approach a fair and thorough review,” said Pallone.

“New Jersey has proposed that the summer flounder size limit be decreased to 18 inches, with a 104-day fishing season and a 3 bag limit. The state is arguing that its summer flounder regulations reach conservation equivalency with federal regulations, and that its regulations will actually preserve the stock by reducing discard mortality,” Pallone told Ross.

“I respectfully request that you carefully consider the state’s arguments and technical data as you make your decision about whether to find New Jersey out of compliance. Imposing a moratorium on summer flounder fishing in New Jersey would have a devastating impact on the economies of coastal communities that rely on the recreational fishing industry in my Congressional district.

“Additionally, reaching that determination while there continue to be compelling technical and scientific reasons to question the initial decision to cut summer flounder quotas will further erode anglers’ trust in entities like ASMFC, the National Oceanic and Atmospheric Administration, and other fisheries management bodies,” he wrote.

The Commission has not “imposed a moratorium” on summer flounder fishing. Their changes affect the size limit and bag limit that can be taken by the rec sector in New Jersey.

Pallone also introduced a bill in Congress H.R. 1411 titled ‘‘Transparent Summer Flounder Quotas Act’’ simply to overturn the Commission’s tighter management tools for the recreational sector in New Jersey, and to continue the more relaxed regs through 2017 and 2018.

The vast majority of fishery‐independent surveys show rapidly declining abundance. Any increase in overall mortality puts the stock at risk for further declines and increases the probability of the stock becoming overfished.

If the stock falls below the biomass threshold, the Magnuson‐Stevens Fishery Conservation and Management Act requires the Council to initiate a rebuilding program, which could require more restrictive management measures.

New Jersey was not the only state to be concerned about the impact of the approved measures to its recreational fishing community. Two other states submitted alternative proposals that were rejected in favor of the states equally sharing the burden of needed reductions. Those states, as well as other coastal states, implemented the approved measures in order to end overfishing and support the long‐ term conservation of the resource.

“The states have a 75‐year track record of working together to successfully manage their shared marine resources,” continued Chairman Grout.

“We are very much concerned about the short and long‐term implications of the Secretary’s decision on interstate fisheries management. Our focus moving forward will be to preserve the integrity of the Commission’s process, as established by the Atlantic Coastal Act, whereby, the states comply with the management measures we collectively agree upon. It is my fervent hope that three‐quarters of a century of cooperative management will provide a solid foundation for us to collectively move forward in achieving our vision of sustainably managing Atlantic coastal fisheries.”

The Commission is currently reviewing its options in light of Secretary Ross’s action, and the member states will meet during the Commission’s Summer Meeting in early August to discuss the implications of the Secretary’s determination on the summer flounder resource and on state/federal cooperation in fisheries management under the Atlantic Coastal Act.

Meanwhile, Commission members are working on applying a better data collection system for recreational catches that will allow a recalibration of historical catches. That information will be available in the spring of 2018. With that, a new stock assessment will be conducted in the fall of 2018 for a full suite of data to base future management decision on.

The Atlantic States Marine Fisheries Commission was formed by the 15 Atlantic coastal states in 1942 for the promotion and protection of coastal fishery resources. The Commission serves as a deliberative body of the Atlantic coastal states, coordinating the conservation and management of nearshore fishery resources, including marine, shell and diadromous species.

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

Environmentalists push for Atlantic Marine Monument

August 30, 2016 — President Obama made history last week when he more than quadrupled the size of a protected marine area off the coast of Hawaii, safeguarding fragile coral reefs and thousands of species that depend on the Pacific Ocean habitat.

Now conservationists hope the administration will protect the Atlantic Ocean’s deep-sea treasures.

Conservationists have called on the president to use his executive power to designate 6,180 square miles encompassing eight canyons and four seamounts as the New England Coral and Seamounts National Monument.

If the president heeds their advice, fishing groups warn the move would shut down portions of a productive $15 million lobster and crab fishery along the edges of the offshore canyons—and unnecessarily outlaw fishing within the zone’s borders for tuna and other open-ocean species that pass through the water column but don’t dwell on the seabed.

“What’s at issue is the lack of transparency in establishing a national monument,” said Robert Beal, executive director of the Atlantic States Marine Fisheries Commission, which is in charge of managing near-shore fishery resources for 15 coastal states. “If these large boxes are drawn and large areas of the ocean are deemed off-limits, than there is going to be a lot of fishing opportunities displaced or stopped altogether.”

Typically, state and interstate fishing councils are part of the public debate on determining fishery closures and habitat protection zones. That’s how the Mid-Atlantic Fishery Management Council moved to ban bottom trawling in 2015 along more than 35,000 square miles of seafloor from Long Island to North Carolina, just south of the proposed national monument area.

But with the Antiquities Act—a law presidents since Theodore Roosevelt have used to protect iconic landscapes such as Mount Olympus in Washington, the Grand Canyon in Arizona, and Muir Woods in California—Obama could decide to fully protect the region without input from the fishing industry.

Past presidents have mostly used the authority to preserve land from development. The first president to use the power offshore was George W. Bush, who established the Papahānaumokuākea Marine National Monument in 2006.

“It’s frustrating because that power is meant to close off the smallest amount of area as possible that needs protecting, and that’s not the case here,” said Robert Vanasse, executive director of Saving Seafood, a fishing industry advocacy group.

He said the proposed national monument boundaries outlined by Connecticut’s congressional delegation and led by Sen. Richard Blumenthal, D-Conn., bans fishing far away from the most sensitive coral habitat and could unnecessarily hinder fishing industries that don’t target bottom-dwelling species. Vanasse’s group, along with the fisheries commission, is asking that if the regions are declared a national monument, fishing be allowed up to depths of 3,000 feet.

“If they really just want to protect the seamounts and the canyons, why would you want to stop fishing over them?” Vanasse said. “You don’t tell planes to stop flying over Yosemite.”

Read the full story at Take Part