July 1, 2021 — The On the Hook campaign has relaunched, shifting its focus back towards the pursuit of a “full, external, independent, and forensic review” of the Marine Stewardship Council’s standards and operation.
On the Hook was first founded in 2017 to challenge the Marine Stewardship Council’s certification of the Parties to the Nauru Agreement’s tuna fishery, the world’s largest.
June 28, 2021 — The following was released by the Western Pacific Regional Fishery Management Council:
The Western Pacific Regional Fishery Management Council and managers of the Papahānaumokuākea Marine National Monument (PMNM) agreed to work together yesterday at a meeting in Honolulu to develop a draft management plan ahead of the formal sanctuary proposal process scheduled to start this fall. In December 2020, President Trump signed a funding bill that would strengthen protections for the monument by designating it as a national marine sanctuary.
While the PMNM, and its subsequent expansion, was established via presidential proclamation, the sanctuary proposal process is a bottoms-up approach to management similar to the Magnuson-Stevens Act, and would give the Council “a seat at the table” to propose regulations for the entire area.
“After the 2016 expansion allowing recreational and subsistence fishing, we engaged with fishermen and native Hawaiian communities about fishing in the expanded area,” said Council Executive Director Kitty Simonds. “We had sessions about customary exchange, but didn’t get much traction.” This is allowed in the Marianas Trench and Rose Atoll Marine National Monuments.
The Council will collaborate with NOAA to prioritize issues and develop potential management actions for the proposed sanctuary, keeping in mind the sideboards of the original monument proclamation, such as the prohibition of commercial fishing.
Bigeye Tuna Catch Limits
The Council recommended setting a bigeye tuna longline catch limit of 2,000 metric tons (4.4 million pounds) for each of the U.S. Participating Territories of American Samoa, Guam and the Commonwealth of the Northern Mariana Islands. A limit of 1,500 metric tons (3.3 million pounds) per territory, up to 3,000 metric tons total, may be transferred to U.S. vessels as permitted through specified fishing agreements. Monies from these agreements, approved by the U.S. Secretary of Commerce, go into the Western Pacific Sustainable Fisheries Fund and are used to implement projects in each territory’s marine conservation plan.
A 2020 assessment for the Western and Central Pacific Ocean (WCPO) bigeye tuna says the stock is healthy—not subject to overfishing or overfished.
For 2023 to 2026, the Council supported not setting a bigeye tuna catch limit for the U.S. Participating Territories, and allowing each region to transfer up to 1,500 metric tons (4,500 metric tons total) to U.S. permitted vessels. This recognizes that a new Western and Central Pacific Fisheries Commission conservation and management measure for tropical tunas is likely beginning in 2022, and stock assessments for WCPO bigeye tuna are expected in 2023 and 2026.
Main Hawaiian Islands Deep 7 Bottomfish Catch Limits
The Council recommended that NOAA implement the 492,000-pound annual catch limit with an in-season accountability measure for fishing years 2021-22, 2022-23 and 2023-24. According to a 2022 assessment, the stock is healthy—not overfished and no overfishing is occurring. It is estimated at 22 million pounds, nearly 2 million more pounds than the last assessment done in 2018.
Presidential Executive Orders
NOAA Deputy Assistant Administrator for Regulatory Programs Sam Rauch summarized the multi-agency Conserving and Restoring America the Beautiful report that provides recommendations on how the United States should achieve the goal of conserving at least 30% of waters by 2030. The report resulted from President Biden’s Executive Order (EO) 14008 on Tackling the Climate Crisis at Home and Abroad.
Rauch posed several key questions for future engagement, including an evaluation of currently effective conservation actions and areas that meet the conservation criteria, among others. While the initiatives described in the report are not new, he emphasized the critical role of the regional fishery management councils in reaching the goals of the president, and noted it was a recognition justly earned for work done over the years.
Regarding the president’s EO 13985 and EO 14031 on advancing racial equality and underserved communities, the Council agreed to inform the Biden Administration of the barriers to providing equity, justice and opportunity to those in the Western Pacific Region. More than 75% of the region’s population identifies as indigenous, Asian American, Pacific Islander or other persons of color—all groups that fall under the EO’s definition of underserved communities that have historically been denied equitable treatment.
For years, Council leadership has reminded Administrations that “we are not asking for more, we are asking for different” to effectively support our Pacific communities.
The Council heard a presentation on EO 13985 that described equity barriers such as limited capacity, communication differences, available funding opportunities, regional representation and rigid national policies, among others. Members were reminded of Council-supported initiatives, like fishery development projects and territorial scholarships, aimed at addressing economic, social and educational disparities in the region.
“A perfect example of this is Guam fishermen’s applications for the CARES Act economic relief funds,” noted Michael Dueñas, Council member from Guam. “Initially, only 270 fishers applied due to lack of access to technology and language barriers. After extensive outreach, that number increased to 468.”
For meeting agenda and briefing materials, visit www.wpcouncil.org/meetings-calendars.
June 25, 2021 — Subway Restaurants has come to the defense of its tuna products and said it utilizes 100 percent wild tuna, after facing a class-action lawsuit and a New York Times report that claimed testing found no tuna DNA in the restaurant chain’s tuna sandwiches.
The DNA testing utilized by the lab in the New York Times report is not accurate for canned and/or processed tuna, according to both Subway and the founder of a top DNA testing lab for cooked and processed tuna who spoke to SeafoodSource.
June 23, 2021 — After facing a class-action lawsuit claiming that Subway’s tuna sandwiches do not contain tuna and the restaurant chain cannot prove the fish is sustainable, a new DNA lab report shows there is no tuna in the company’s tuna sandwiches.
The New York Times set up an independent lab test of 60 inches of tuna sandwiches from three Subway restaurants in Los Angeles, California. The testing, which included a polymerase chain reaction test that searched for DNA of five different tuna species, detected no tuna in the sandwiches.
June 22, 2021 — The Subway tuna lawsuit drama continues.
In January a lawsuit was filed in the U.S. District Court for the Northern District of California alleging that the sandwich chain’s tuna sandwich is “made with anything but tuna.” Independent lab tests that were reportedly taken from multiple California Subway locations found that the tuna was a “mixture of concoctions that do not constitute tuna, yet have been blended together by defendants to imitate the appearance of tuna.” The two plaintiffs, Karen Dhanowa and Nilima Amin of Alameda County, were hoping to get their claim certified as class action, which would open the case up to others in California who bought tuna from Subway after January 21, 2017.
June 17, 2021 — Former Bumble Bee Foods President and CEO Chris Lischewski formally appealed his conviction for leading a tuna price-fixing conspiracy in front of a three-judge panel on Wednesday, 16 June.
Lischewski’s appeal is centered around an argument that District Court Judge Edward M. Chen, who oversaw the case, gave incorrect instructions to the jury. In Wednesday’s hearing, Lischewski’s lawyer, John D. Cline, called the jury instructions given by Chen erroneous and confusing, which could have made the difference in what he called a “very close case.”
June 14, 2021 — The Indian Ocean Tuna Commission (IOTC) agreed to reduce the total allowable catch for yellowfin tuna after months of pressure from non-governmental organizations and some commercial groups.
But according to environmental organizations, the effort has fallen short of ending overfishing, as five members of the commission objected to the rebuilding plan.
June 11, 2021 — In seafood circles, the Maldives is heralded as one of the world’s most-important tuna-fishing nations, an acknowledgement proudly welcomed by Maldivians. But what isn’t so apparent to most non-natives is just how vital tuna is to the island nation. Its 2,000-year history is literally built on catching these universally-prized fish. Moreover, it’s been doing this in pretty much the same way down through the centuries – one-by-one. Essentially, one fisher, using one fishing line, catching one fish at a time.
Its fisheries laws prohibit purse-seining, gillnets, trawl nets, or any other form of commercial fishing that uses a net. At the same time, the country’s exclusive economic zone isn’t leased to other nations and it has a strict policy of not licensing foreign fishing vessels.
June 8, 2021 — The following was released by the Western Pacific Regional Fishery Management Council:
Click here for a complete PDF version of the 186th Action Item Summary Memo.
The 186th meeting of the Western Pacific Regional Fishery Management Council will convene June 22-24, 2021, by web conference (WebEx) with host sites at the following locations:
The WebEx link is https://tinyurl.com/186CouncilMtg (if prompted, enter event number: 133 181 5362; password: CM186mtg).
The Council will consider and may take action on the issues summarized below, including any public comments on them. Written public comments on final action items should be received by the Council’s executive director by 5 p.m. (HST), Friday, June 18, 2021, by postal mail, fax or email as indicated below.
Instructions for connecting to the WebEx and providing oral public comments during the meeting will be posted on the Council website at https://www.wpcouncil.org/event/186th-council-virtual-meeting/.
June 7, 2021 — The 25th Session of the Indian Ocean Tuna Commission begins Monday, 7 June, and several stakeholders are demanding immediate action from the regional fisheries management organization to put an end to overfishing of yellowfin tuna in the region.
Several non-governmental organizations issued statements in advance of the meeting, saying the IOTC can no longer ignore its responsibility of putting in place an agreement that will save the tuna stock, which has been deemed to be overfished.