Saving Seafood

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 11th, 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.

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.

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

Gulf Coast Seafood Alliance Applauds Agreement to Lengthen 2017 Federal Recreational Red Snapper Season, End Non-Compliant State Seasons

WASHINGTON — June 14, 2017 — The following was released today by the Gulf Coast Seafood Alliance:

The Gulf Coast Seafood Alliance (GCSA), a newly formed coalition representing Gulf commercial fishermen, seafood dealers, and restaurants, is pleased that the Department of Commerce and all five Gulf States have agreed to a more fair and equitable 2017 federal recreational red snapper season. We are grateful to Congressman Matt Gaetz for his help in bringing about these negotiations. We also applaud state fisheries managers, including the Florida Fish and Wildlife Conservation Commission, for their willingness to negotiate with federal regulators and other Gulf States.

The GCSA shared the disappointment and frustration of private anglers over the brevity of the recent three-day federal recreational red snapper season, which took place in the Gulf of Mexico between June 1 and June 4. We support any efforts to extend the federal recreational season by ending the practice of state non-compliant seasons and improving data collection on the red snapper fishery.

Per the newly reached agreement, announced today by the Commerce Department, all five Gulf States have agreed to align their seasons with the federal season for the remainder of the summer. In exchange, private anglers will have 39 weekend days and holidays through Labor Day to fish for red snapper in federal waters.

“Many of the GCSA’s members enjoy catching red snapper in addition to eating them at restaurants and markets,” said Dewey Destin, restaurateur and GCSA member. “It is clear that a three-day federal season for the private angling public is not politically or functionally acceptable. We are encouraged by the agreement reached today by the Commerce Department and the Gulf States, and hopeful for a long-term solution that is amenable to all red snapper stakeholders.”

The decision by states to not comply with federal regulations, as evidenced by conflicting season lengths, bag limits, and catch sizes, forced federal regulators to shorten the federal recreational season to account for high catches in state waters. Because states have agreed to limit this practice for the remainder of the 2017 season, the Commerce Department was presented with a unique opportunity to grant private anglers more days to fish and greater flexibility in when they fish.

The agreement between federal and state regulators applies only to the 2017 fishing season and does not pertain to subsequent fishing seasons. However, federal officials have expressed a desire to work with all stakeholders to prevent this type of emergency situation from reoccurring in the future. The GCSA looks forward to making its voice heard in any such long-term red snapper season negotiations.

About the Gulf Coast Seafood Alliance

The GCSA is a coalition of commercial fishermen, seafood dealers, and restaurants that advocates for the fair and equitable distribution of fish between commercial and recreational fishermen. The GCSA believes that people should have enough fish to catch and enough fish to buy. Our members represent a fishing economy that provides jobs, promotes tourism, and delivers fresh seafood across the Gulf Coast.

More federal red snapper days possible

June 7, 2017 — The Florida Fish and Wildlife Commission (FWC) is considering a plan that could lead to more fishing days for red snapper in federal waters.

The U.S. Department of Commerce is offering to add more fishing days for recreational anglers in exchange for the Gulf states agreeing to shorten their red snapper season in state waters.

“Florida would have to give days to get days,” according to an FWC press release.

Current discussion are aiming to align an expanded federal season with weekend and holidays throughout the summer. In exchange, FWC would give up some fishing days in state waters, according to the release.

These changes would apply only to private anglers. No change is being considered to the for-hire season which is open daily until July 19.

The season for private anglers ended Saturday — a mere three days. Since the announcement was made, there has been intense anger from local fisherman and a steady call for a longer season. Local politicians have sent letters to both the National Oceanic and Atmospheric Administration (NOAA), which regulates the fishery, and the Department of Congress asking for more days.

Read the full story at the Panama City News Herald 

Trump administration pledges to do more with less for U.S. aquaculture

June 5, 2017 — “Aquaculture is not the future of oyster harvests. It’s the present,” said Mark Luckenbach – Virginia Institute of Marine Science.

Luckenbach, based at the VIMS lab at Wachapreague, told me those words 11 years ago, when I wrote my first story about oyster aquaculture. Since then, I’ve written more than 100 stories on the topic, and someday, I hope, I’ll write a book. One thing is sure: the present has taken a long time to arrive – not just in the Chesapeake Bay, but all over the country.

Eighty to 90 percent of the seafood eaten in the United States is imported, according to the National Oceanic and Atmospheric Administration. In Baltimore, where I live, the crabmeat at my local grocery store is not from the Chesapeake Bay. The salmon is not from this country. And striped bass? Never seen it there, though I live just an hour from where one could catch some of the nicest rockfish you could find anywhere.

NOAA officials want to change what they’re calling a $14 billion seafood trade deficit. At a webinar last week, agency officials said Commerce Secretary Wilbur Ross, who oversees NOAA, is committed to “eliminating barriers” to growing aquaculture here in the United States.

In Maryland, we know well some of these barriers as they relate to growing oysters. Would-be growers have spent years awaiting permission to put oysters in the water, even though the bivalves filter the water, increase biodiversity, and even spur recruitment for the Bay’s long-troubled wild oyster population, which is less than 1 percent of historic levels.

On a conference call during the webinar, federal officials touted Maryland’s permit innovations as a success. (They didn’t mention that oyster farmers have blamed NOAA’s National Marine Fisheries Service for some of those delays, relating to the possible impact of oyster farming on endangered marine turtles.) Maryland worked with the Baltimore District of the U.S. Army Corps of Engineers to streamline the permit process. State and federal officials, as well as oyster farmers, report it is working more smoothly now. (NOAA officials said they had an “ombudsman” role in the process.)

Read the full story at the Bay Journal

California, Oregon governors request salmon disaster declaration

May 26, 2017 — California Gov. Jerry Brown and Oregon Gov. Kate Brown called on the U.S. Secretary of Commerce Wilbur Ross on Thursday to declare a federal fisheries disaster due to this year’s unprecedented low number of ocean salmon, according to the California Department of Fish and Wildlife.

The disaster declaration would allow Congress to appropriate relief funds to aid losses sustained by the salmon fishing fleet in California and Oregon. North Coast representatives including state Sen. Mike McGuire (D-Healdsburg), Assemblyman Jim Wood (D-Healdsburg) and 2nd District Congressman Jared Huffman (D-San Rafael) had asked Jerry Brown to request a disaster declaration earlier this year after the Pacific Fishery Management Council recommended restricting salmon fishing off the coasts of California and Oregon.

Ocean salmon fishing for Klamath River salmon is completely closed this year after the council predicted the lowest return of spawning Chinook salmon on record at about 12,000 fish.

Tribes, fishing organizations and North Coast representatives praised the governors’ requests on Thursday.

Read the full story at the Eureka Times-Standard

GOP lawmakers to Trump administration: Fix red snapper season

May 16, 2017 — Five southern Republican lawmakers are calling on U.S. Commerce Secretary Wilbur Ross to extend the number of days for this year’s recreational red snapper season.

Among those signing a letter sent to Ross on Monday is U.S. Rep. Bradley Byrne, R-Fairhope, who calls the current three-day recreational season as “simply not acceptable.”

The season is scheduled to run from June 1-3. It makes it the shortest recreational season ever for red snapper fishing in the Gulf of Mexico’s federal waters.

“Anyone who knows anything about Gulf Coast fisheries would agree that the red snapper fishery is incredibly healthy,” Byrne said.

The letter was signed by Byrne and fellow U.S. House members – John Carter and Randy Weber of Texas, Garret Graves of Louisiana and Steven Palazzo of Mississippi.

“We feel re-evaluating your agency’s decision for the 2017 seasons is warranted, and we urge you to continue working with us to develop a long-term solution to address these issues impacting our recreational fishermen and coastal communities,” the letter states.

Read the full story at AL.com