U.S. Department of Commerce Archives - Page 6 of 8

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.

Ocean Conservancy sues over red snapper

July 18, 2017 — The Ocean Conservancy and Environmental Defense Fund filed a lawsuit on Monday suing the Department of Commerce for its decision to lengthen the federal red snapper season for recreational anglers from three days to 42. Environmentalists with the groups feel the change “sanctioned overfishing,” putting the rebuilding of the historically overfished red snapper fishery at risk, and violated the Magnuson Stevens Fishery Conservation and Management Act (MSA).

“We’ve made great progress but we’re only about halfway through the rebuilding plan. You don’t stop taking antibiotics halfway through a prescription,” Chris Dorsett, vice president of conservation policy and programs, said in a press release.

The lawsuit, he said, is about protecting the longevity of the red snapper fishery.

The groups are arguing the mid-season change — which was advocated for by local elected officials — violated the MSA, which requires fishery managers to create and enforce annual catch limits that prevent overfishing. If the catch limit is exceeded, the excess catch is taken out of the allocated catch for the following year.

Red snapper is halfway through a 27-year rebuilding plan. Local fishermen report that it’s working, saying they are catching more and larger red snapper, which is why many found the three-day federal season insulting.

The result, though, is fish are being caught faster and the majority are actually being caught in state-managed waters, which was why the federal season was initially so conservative. When the Department of Commerce lengthened the season, they required the states to give up fishing days as part of the compromise.

Read the full story at the Panama City News Herald

Government defends decision to deny flounder fishing order

July 18, 2017 — The U.S. Department of Commerce says its top official was right to reverse a decision about flounder fishing regulations made by an interstate commission.

The regulatory Atlantic States Marine Fisheries Commission announced last month it had found New Jersey out of compliance with management of its fishery. But Secretary of Commerce Wilbur Ross disagreed and did not sign off on a ruling that could’ve forced a local moratorium on flounder fishing.

The move drew criticism from the commission and conservationists who say the decision overrides sustainable fishing rules on the East Coast. But a spokesman for the Commerce Department said Tuesday that Ross doesn’t think a fishing moratorium is warranted.

Read the full story from the Associated Press at the San Francisco Chronicle

Trump versus EDF in battle over Gulf red snapper season reopening

July 18, 2017 — A month after the administration of U.S. President Donald Trump reopened the red snapper fishing season in the Gulf of Mexico for 39 days, two environmental nonprofits have challenged the decision by filing a lawsuit.

A 14 June agreement struck between The U.S. Department of Commerce and the five U.S. states on the Gulf of Mexico aligned the 2017 federal and states red snapper season for recreational anglers, opening federal waters to private anglers for an additional 39 weekend days and holidays. The agreement made no change to the quota or season length for the charter or commercial sectors of the fishery.

On Monday, 17 July, the Environmental Defense Fund and the Ocean Conservancy filed suit in the U.S. District Court in Washington D.C., arguing the decision was made without scientific analysis and puts into jeopardy the ongoing recovery of the red snapper population in the Gulf, in violation of the Magnuson-Stevens Act and the National Environmental Policy Act. The lawsuit also complains the season was extended without adequate notice or time for public comment, claiming that violates the Administrative Procedure Act.

“In order to prevent overfishing and allow the Gulf of Mexico red snapper population to rebuilt, the Magnuson Stevens Fishery Conservation and Management Act requires the Fisheries Service to comply with the annual catch limit and accountability measures established in the fishery management plan for the red snapper fishery,” the suit states. “Yet, in the temporary rule, the Fisheries Service has extended the fishing season of red snapper for private anglers in a manner that conflicts with the FMP and implementing regulations.”

In a statement emailed to SeafoodSource, EDF said publicly available data and conservative assumptions show the extended season will result in private anglers catching three times their science-based limit in 2017. However, the lawsuit does not seek changes to the length of the 2017 fishing season, but rather, it aims to prohibit the Commerce Department from taking similar actions in the future.

In its federal notice reopening the red snapper season, the Commerce Department acknowledged the additional fishing days “will necessarily mean that the private recreational sector will substantially exceed its annual catch limit,” resulting in a delay of the goal year for rebuilding the red snapper fishery from 2032 to 2038. In 17 of the past 22 years, the recreational sector has exceeded its annual catch limit for red snapper, resulting in shorter federal seasons as one year’s overages are subtracted from the next year’s quota. However, Gulf states have responded by lengthening their own red snapper seasons, resulting in a patchwork of regulations that scientific and environmental groups assert impedes recovery of the species.

Read the full story at Seafood Source

2 groups sue feds for extending anglers’ red snapper season

July 17, 2017 — Two environmental groups are suing the Trump administration for stretching the red snapper season for recreational anglers in the Gulf of Mexico.

Changes are needed — “The way we’re managing red snapper today stinks,” with states setting widely different anglers’ seasons in their waters and federal seasons getting shorter and shorter, Robert Jones of the Environmental Defense Fund said Monday.

But, he said, “I don’t want to return to the bad old days when my dad and I could barely find a red snapper.”

Jones and Chris Dorsett of the Ocean Conservancy, said during a conference call with reporters Monday that both groups want their lawsuit to prompt discussions about improvements.

The U.S. Commerce Department did not immediately comment. It has said the economic benefit from allowing weekend fishing this summer by recreational anglers in federal waters outweighs the harm to the red snapper species, which is still recovering from disastrous overfishing.

Gulf state officials had lobbied for and praised the change, but the federal lawsuit filed in Washington says the decision violated several laws by ignoring scientific assessments, promoting overfishing, and failing to follow required procedures.

The prized sport and table fish has rebounded under fishing limits and procedures set by the Gulf of Mexico Fishery Management Council, but is only halfway to its goal, Dorsett and Jones told The Associated Press earlier. The lawsuit isn’t trying to cancel the current season but seeks to prevent similar decisions in the future.

Read the full story from the Associated Press at ABC News

NEW JERSEY: Trump official’s fish ruling could harm conservation

July 17, 2017 — A row with an appointee of President Donald Trump’s administration over the regulation of flounder fishing off New Jersey jeopardizes conservation of marine species all along the East Coast, interstate fishing managers said Monday.

The flatfish in question is the summer flounder, which is popular with sport fishermen and commercial fishermen from Maine to Florida. The regulatory Atlantic States Marine Fisheries Commission announced in June that it had found New Jersey out of compliance with management of the summer flounder fishery.

But Secretary of Commerce Wilbur Ross needed to sign off on the ruling, and he instead reversed it. The commission said in a statement that Ross’ ruling represents the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act in 1993 that a commerce secretary has failed to uphold such a noncompliance recommendation.

Ross’ ruling has the potential to soften the regulatory authority of the commission, which is tasked with managing fisheries along the coast, said Toni Kerns, director of the interstate fisheries management program for the Atlantic States.

The Atlantic States found that New Jersey was not implementing conservation measures, and Ross could have called for a federal moratorium on fishing for summer flounder in New Jersey’s state waters, Kerns said. Instead, his reversal sends a message that Atlantic States’ rulings lack teeth, she said.

“If the secretary of commerce isn’t agreeing to use that tool, then other states will see that and start not implementing measures,” Kerns said.

Read the full story from the Associated Press at The News & Observer

Dr. David Shiffman: The rare Trump appointment that is actually making scientists very happy

July 14, 2017 — The following is excerpted from an analysis piece written by Dr. David Shiffman, a fisheries scientist and Liber Ero Fellow based at Simon Fraser University, and was published in The Washington Post yesterday. The analysis referenced and linked to Saving Seafood’s previous coverage of widespread industry support for Chris Oliver’s appointment as NOAA Fisheries Assistant Administrator, found here:

[T]he appointment of fisheries biologist Chris Oliver to lead NOAA Fisheries — the agency within the National Oceanic and Atmospheric Administration that is charged with sustainable management of commercial fisheries worth more than $140 billion — represents a striking departure from the Trump administration’s scientific and environmental personnel and policy choices.

Oliver has worked as the executive director of the North Pacific Fishery Management Council since 1990. He has won the praise of both conservation groups and industry.

The position he will assume is one of the most important science, environment and natural resource management positions in the federal government. Its responsibilities include not only fisheries management but also conservation of marine species under the Marine Mammal Protection Act and the Endangered Species Act. NOAA Fisheries operates offices and research stations in 15 states and territories and employs more than 3,000 people.

Environmentalists and fishermen were following this appointment nervously. A mismanaged NOAA Fisheries could do severe and long-lasting environmental harm to U.S. marine and coastal waters, and economic harm to the millions of Americans who depend on those ecosystems.

The ocean conservation nonprofit sector, which has been strongly critical of the Trump administration, is praising this appointment. “Chris Oliver brings years of past experience working with fishermen, conservation groups and scientists, and a deep understanding of the practices and importance of science and ecosystem based management to the federal fisheries arena,” said Chris Dorsett, vice president of conservation policy at the Ocean Conservancy, a leading marine conservation nonprofit.

The seafood industry, which called for Oliver’s appointment in January in what was called “a nearly unprecedented display of unanimity,” is also pleased. “We are extremely supportive and excited about Chris’s appointment because he brings to NOAA Fisheries the skills and experience necessary to affect positive change during the challenging times that lie ahead,” said Lori Steele, executive director of the West Coast Seafood Processors Association.

“It isn’t often that the U.S. seafood industry unites together to support an appointment, but it was easy, thanks in large party to Chris’s experience and long-standing reputation as a fair, honest and successful leader in fisheries management,” she said.

“I am delighted that Chris has been well received by the fishing community in his new position,” said Wilbur Ross, the Secretary of Commerce, in a statement provided to the Post. “I have the utmost confidence that he will do a great job working with stakeholders to manage our nation’s vital fisheries – that’s why I recommended him to the president.”

Read the full story at The Washington Post

ASMFC Reacts to Commerce Secretary Decision to Reject Commission Advice on Summer Flounder

July 14, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

On July 11^th, Secretary of Commerce, Wilbur Ross, notified the Atlantic States Marine Fisheries Commission that he has found the State of New Jersey to be in compliance with Addendum XXVII to the Summer Flounder Fishery Management Plan. According to the letter sent to the Commission, Secretary Ross’s decision was based on the assertion that “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.” This is the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) in 1993 and the Atlantic Striped Bass Conservation Act in 1984 that the Secretary of Commerce failed to uphold a noncompliance recommendation by the Commission.

“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,” stated 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. Additionally, we had an obligation as a partner in the joint management of summer flounder with the Mid-Atlantic Fishery Management Council (Council) to implement measures to end overfishing immediately or face the possibility of summer flounder becoming an overfished stock.”

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. 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.

“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.”

For more information, please contact Toni Kerns, Director, Interstate Fisheries Management Program, at tkerns@asmfc.org or 703.842.0740.

Environmental group sues after Trump administration scraps effort to protect West Coast sea animals

July 14, 2017 — An environmental group has filed a federal lawsuit challenging the Trump administration’s withdrawal of proposed limits on the number of endangered whales, dolphins and sea turtles that can be killed or injured by sword-fishing nets on the West Coast.

Oceana Inc., which lodged the case late Wednesday in Los Angeles, alleges that the government violated required procedures for rescinding the proposed caps that had been recommended in 2015 by the federal Pacific Fishery Management Council.

Named as defendants in the U.S. District Court case are Secretary of Commerce Wilbur Ross, the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service.

“The withdrawal of this important protection for whales, sea turtles, and other species is plainly illegal,” said Mariel Combs, Oceana’s attorney. “The law requires the fisheries service to respect the fishery management council’s expertise in managing fisheries.”

Read the full story at the Los Angeles Times

Seafood Traceability Rule to Remain in Place, Says Court

June 28, 2017 — As reported previously on this blog, concerns about illegal, unreported and unregulated (IUU) seafood fraud, led to a proposed rule to establish a traceability program for certain seafood species. The final rule establishing the Seafood Import Monitoring Program was published by the National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Department of Commerce, in the December 9, 2016 Federal Register.

The Program established permitting, data reporting and recordkeeping requirements for the importation of certain priority fish and fish products—including abalone, several types of cod and tuna, red snapper, shrimp and swordfish—that were identified as being especially vulnerable to seafood fraud. The rule requires seafood importers to trace the origin of the fish they import to either the specific boat that caught the full fish or a “single collection point,” to the day the fish was caught, and to the sector of the specific ocean where the fish was caught.

On January 6, 2017, the National Fisheries Institute, Alfa International Seafood, Inc. and others filed a lawsuit in the U.S. District Court for the District of Columbia challenging what they called a “Midnight Final Rule.” In the suit, the plaintiffs questioned whether the Department of Commerce cut corners by, among other things, refusing to disclose for public comment the data that it relied on to identify the seafood species subject to the rule and by allowing “a low-level bureaucrat to issue a binding final rule absent a valid delegation of authority from the Secretary.”

In a June 22, 2017 ruling, Judge Amit P. Mehta did not overturn the final rule establishing the Seafood Import Monitoring Program. Rather, Judge Mehta wrote: “The proper course at this juncture—just months before the rule goes into effect—is to defer ruling on Plaintiffs’ broader challenge to the agency’s authority to engage in rule-making and, instead, afford the federal defendants an opportunity to submit a signed statement from a principal officer within the Department of Commerce that ratifies the rule.”

Read the full story at The National Law Review