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A Native Tribe Wants to Resume Whaling. Whale Defenders Are Divided.

December 10, 2019 — The hunters paddled frantically, closing in on their target. When they drew near, one of them stood in the cedar canoe and thrust a harpoon into the spine of the 30-foot gray whale.

With the help of fishing boats, the men towed their catch into a small cove in Neah Bay on the Olympic Peninsula of Washington, where hundreds of fellow Makah tribal members greeted them like heroes. People hugged and cried. They celebrated what felt like the return of better days.

It was 1999, and the tribe’s first successful whale hunt in seven decades. It was also their last.

The Makah are the only Native Americans who have a treaty with the United States government that explicitly allows them to hunt whales. But they have not because of a protracted administrative and legal battle waged by conservationists and animal rights activists, who call the practice “barbaric” and have generated a wave of negative sentiment against the tribe.

The two-decade tussle could flare in the coming weeks over a proposal that would allow the Makah to resume whaling as early as next year. Tribal members say the struggle goes beyond their right to hunt, and see it as a fight over restoring Native identity, honoring indigenous treaty rights and respecting age-old traditions.

“People argue that you haven’t done it for 70 years, you don’t need to do it anymore,” said Patrick DePoe, 37, a member of the Makah tribal council. “They’re not Makah. They don’t understand what it means for us.”

An administrative law judge was scheduled to hear arguments Thursday on a proposal by the National Oceanic and Atmospheric Administration to exempt the Makah from the federal ban on whaling. The exemption would allow the tribe to catch as many as four Eastern North Pacific gray whales every two years for the next decade.

Read the full story at The New York Times

Cooke settles lawsuit with NGO over 2017 collapse of Washington salmon pens

December 2, 2019 — Canada’s Cooke has reportedly paid $2.75 million to settle a lawsuit with NGO Wild Fish Conservancy, brought after the collapse of 10 Atlantic salmon pens in the US state of Washington in 2017.

The lawsuit — brought in November 2017 by the Northwest arm of the NGO — was set to go to court in Seattle on Dec. 3. On Nov. 27, myclallamcounty.com reported comments from Kurt Beardslee, executive director of the NGO, announcing the settlement. Cooke then confirmed the settlement to Undercurrent News.

“This afternoon, Cooke agreed to a settlement over the Clean Water Act violations with us. It was a $2.75m settlement,” said Beardslee. About half of the settlement will pay for legal expenses, he said.

The rest of it’s going to the Rose Foundation, which is going to be opening up to receive grant opportunities “for helping to save wild salmon and killer whales”, said Beardslee.

“Out of respect for the judicial process, we will not comment on the settlement contents given that this agreement takes effect upon entry by the court,” said a spokesman for Cooke.

Read the full story at Undercurrent News

ALASKA: Payments For 2016 Pink Salmon Fishery Disaster Delayed

November 21, 2019 — SEAFOOD NEWS — Fishermen who were expecting payments from the 2016 Gulf of Alaska pink salmon fishery disaster relief in December will have to wait until March to receive their checks, according to the Alaska Department of Fish and Game.

Many Commercial Fisheries Entry Commission permit holder applicants misreported their crew percentages or did not list any crew at all, said Karla Bush, the Fish and Game federal fisheries coordinator.

The Pacific States Marine Fisheries Commission will delay payments until after the crew member application deadline on Jan. 31.

“I know participants were expecting checks to come six to eight weeks after the Oct. 31 deadline. That’s now going to be pushed back,” Bush said.

The Pacific States Marine Fisheries Commission is an interstate agency that helps resource agencies and the fishing industry manage fisheries resources. Member states include Alaska, California, Oregon, Washington and Idaho.

After crew members send in their applications, Fish and Game will match crew members to the permit holders they work for. Payments will be sent to permit holders and crew at the same time, Bush said.

Payments to crew will be deducted from the permit holder’s total disaster payment based on the crew shares provided in the permit holder’s application.

The amount each permit holder received was calculated by averaging the value of pink salmon caught in even years from 2006 to 2014, minus the value of fish caught in 2016.

However, fishermen were concerned that the payment calculation did not take into account the unique circumstances in the fishing industry.

For example, some fishermen switched from a lower volume gear type to a higher volume gear type. Others had a partial catch history instead of a full or no catch history, causing their payments to be substantially less than others who fished alongside them, according to a letter written by Rep. Louise Stutes, R-Kodiak.

To address such issues and review calculations, an appeal process was put in place. Friday was the deadline to appeal.

These payments are part of the $53.8 million approved by the National Oceanic and Atmospheric Administration in July to restore losses caused by a poor 2016 salmon season in the Gulf of Alaska. The areas receiving funds are Kodiak, Prince William Sound, Chignik, Lower Cook Inlet, South Alaska Peninsula, Southeast Alaska and Yakutat.

Fishery permit holders and crew will receive $31 million, fish processors will receive $17.7, municipalities will receive $2.4 million and $3.63 million will go to research.

The payments to municipalities will be based on losses of fish taxes, Bush said.

Calculations for municipality payments are not yet available because NOAA is working the office of the U.S. Office of Management and Budget on the approval process.

Municipalities will use the funds for specific projects related to the pink salmon fishery such as projects that support the pink salmon fishing fleet.

“The people at NOAA grants are trying to work with the office of OMB in the White House to see at what level the projects need to be approved,” Bush said. “OMB wants to approve the list of projects that each municipality will put forward themselves. We know that that will cause some additional delays, so we hope those will be approved by Pacific States or NOAA grants and not have to be forwarded all the way to the highest level.”

Fish and Game is also waiting on fishery tax information from the Alaska Department of Revenue as a basis to calculate the payments, Bush said.

The tax information is vital before calculating the payment amount, because the Department of Revenue does a “split between the cities and boroughs and so I would expect the city of Kodiak and the Kodiak Island Borough would be getting a share of those moneys,” Bush said.

To expedite future fisheries disaster funding, Sen. Roger Wicker, R-Miss., chairman of the U.S. Senate Commerce, Science, and Transportation Committee, sponsored legislation that would reform NOAA’s Fishery Resource Disaster Relief program of the National Marine Fisheries Service to expedite relief for fishermen during fishery disasters.

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

Latest regulations safeguard 140,000 square miles off the West Coast

November 19, 2019 — Monday, the National Oceanic and Atmospheric Administration (NOAA) issued final regulations to protect the seafloor habitat off the West Coast from bottom trawling.

The regulations cover 140,000 square miles and includes corals, sponges, rocky reefs and other important areas for marine life and ocean ecosystems. These safeguards for the living seafloor are in response to a vote by the Pacific Fishery Management Council in April 2018, which followed years of scientific input and advocacy by Oceana, which has an office in Monterey County.

Bottom trawling is described as the most damaging fishing method to seafloor habitats off the West Coast. Weighted nets are dragged to catch fish living near the seafloor and in doing so flatten, topple and crush delicate corals and sponges that provide habitat for these fish and other marine creatures.

The new regulations protect unique and important ocean areas off Washington, Oregon and California. Also included is the protection of deep-sea habitats beyond 3,500 meters depth (nearly 2 miles) below the ocean’s surface from all commercial bottom-contact fishing gear. In addition, the regulations increase fishing opportunities by allowing select re-openings in some historic fishing grounds where bottom trawling has been prohibited in recent years to recover overfished rockfish populations.

Read the full story at the Santa Cruz Sentinel

NOAA argues to allow Makah Tribe to hunt gray whales off Washington again

November 15, 2019 — More than two decades ago, Makah tribal members killed a 30-foot gray whale in the waters off the Olympic Peninsula amid bitter protests from animal-welfare activists.

The tribal hunt in May 1999 touched off a protracted legal battle that on Thursday took center stage inside a Seattle federal building.

The proceedings over the tribe’s treaty right to hunt gray whales are expected to last more than a week in the courtroomlike setting.

Opponents have raised concerns about the impacts of climate change on the eastern North Pacific gray population, while the tribe hopes Administrative Law Judge George Jordan will recommend a waiver to the Marine Mammal Protection Act.

The Makah, whose lands are on the northwest tip of Washington, have the right to hunt whales through their 1855 treaty with the U.S. government. Tribal whaling advocates hailed the 1999 hunt as an important renewal of a tradition that helps define the Makah. But opponents have so far blocked, through court and regulatory challenges, the tribe from conducting more federally approved hunts.

Read the full story at The Seattle Times

Sen. Cantwell Language to Improve Legislation Getting Fisheries Disaster Aid to Fleets Passes Committee

November 15, 2019 — SEAFOOD NEWS — Senator Maria Cantwell (D-WA) is determined to improve the process through which the nation’s fishing fleets survive fisheries disasters. Earlier this week, her provisions to reform the process passed the Senate Committee on Commerce, Science, and Transportation. Cantwell is a ranking member of the committee.

In September, Cantwell highlighted issues with the current process, including small business charter fishermen being excluded from the 2016 Coho fisheries disaster, an event that cost Washington State an estimated $100 million.

Cantwell’s provisions would expand and protect Tribal eligibility for fisheries disaster assistance and require charter fishermen to be included in economic relief.

“This legislation will help improve the federal fisheries disaster management program that impacted fishermen in coastal communities so that they will get financial relief faster,” Cantwell said. “As we all know, fisheries issues impact lots of different aspects of our community. But certainly the commercial and recreational fishermen deserve to be compensated as well, and with communities on our Pacific Coast that are very dependent on charter activities, I want to make sure, in the case of a disaster, that they too can apply and receive funding.

“The Coho disaster impacted Tribes, commercial fisherman, charter and recreational fisherman… but not all groups received adequate funding from NOAA,” Cantwell said at the September hearing. “In a shift from previous policy, the administration determined that the charter fishermen should not be included in the economic determination. Thus, I believe Washington did not receive adequate funding for this disaster.”

Cantwell is no stranger to the issues facing West Coast and Alaska fishing fleets. In 2015, she introduced bipartisan legislation to create a national ocean acidification monitoring strategy to prioritize investments in ocean acidification sensors to areas that need it most. In 2018, she worked with colleagues in the House and Senate to secure $200 million in federal funding to help communities with declared fisheries disasters. She has also fought to protect Alaska’s Bristol Bay watershed from harmful mining and opposed drilling off the coasts of Washington and Oregon.

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

OREGON: Officials delay the Dungeness crab season, crabs aren’t big

November 15, 2019 — Traditional Christmas feasts featuring Dungeness crab may not be in the cards this year as officials have delayed the commercial crabbing season due to the small size of the crustaceans.

The Mail Tribune reports that the season had been set to start Dec. 1 for Oregon’s most lucrative commercial fishery, but now crabbing has been postponed until at least Dec. 16.

It’s the sixth straight year the season has been delayed to allow the Dungeness crabs a chance to fatten up to meet industry standards.

Read the full story at the Associated Press

Makah Tribe whaling hearing begins

November 14, 2019 — A federal agency’s April 4 recommendation to allow the Makah Tribe to resume whaling on grounds that killing the animals would not have a noticeable impact on the species’ population will be put to the test beginning Thursday, Nov. 14, in Seattle.

U.S. Coast Guard Administrative Law Judge George J. Jordan will begin reviewing arguments at 1 p.m. on the National Oceanic and Atmospheric Administration’s decision to grant the tribe a waiver of the Marine Mammal Protection Act. The hearing room is at the Henry M. Jackson Federal Building.

Jordan must make a recommendation “promptly” to Chris Oliver, assistant administrator of NOAA’s National Marine Fisheries Service, according to federal regulations, said Michael Milstein, NOAA spokesperson. The hearing is expected to last through Nov. 22.

An overflow room at the Jackson Building will be provided where onlookers can view today’s proceeding on a monitor, Milstein said.

A 2015 draft environmental impact statement on Makah whaling by the National Marine Fisheries Service generated 57,000 comments, most of which were form letters.

Read the full story at The Peninsula Daily News

Sen. Cantwell Language to Expand Tribal Eligibility, Include Charter Fishermen in Fisheries Disaster Process Passes Committee

November 13, 2019 — The following was released by The Office of Senator Maria Cantwell (D-WA):

Provisions introduced by U.S. Senator Maria Cantwell (D-WA), the Ranking Member of the Senate Committee on Commerce, Science, and Transportation, to reform the federal fisheries disaster process passed the committee today. Cantwell’s provisions would expand and protect Tribal eligibility for fisheries disaster assistance and require charter fishermen to be included in economic relief.

“This legislation will help improve the federal fisheries disaster management program that impacted fishermen in coastal communities so that they will get financial relief faster,” Cantwell said. “As we all know, fisheries issues impact lots of different aspects of our community. But certainly the commercial and recreational fishermen deserve to be compensated as well, and with communities on our Pacific Coast that are very dependent on charter activities, I want to make sure, in the case of a disaster, that they too can apply and receive funding.”

In a September hearing, Cantwell highlighted the failures of the current disaster process by discussing the 2016 Coho salmon fishery disaster, which impacted fisheries throughout Washington state.

“The Coho disaster impacted Tribes, commercial fisherman, charter and recreational fisherman… but not all groups received adequate funding from NOAA,” Cantwell said at the September hearing. “In a shift from previous policy, the administration determined that the charter fishermen should not be included in the economic determination. Thus, I believe Washington did not receive adequate funding for this disaster.”

Throughout her time in the Senate, Cantwell has prioritized working on issues that impact the fishing industry. In 2015, she introduced bipartisan legislation to create a national ocean acidification monitoring strategy to prioritize investments in ocean acidification sensors to areas that need it most. In 2018, she worked with colleagues in the House and Senate to secure $200 million in federal funding to help communities with declared fisheries disasters. She has also fought to protect Alaska’s Bristol Bay watershed from harmful mining and opposed drilling off the coasts of Washington and Oregon.

Video of Senator Cantwell’s remarks at today’s hearing is available HERE and audio is HERE.

Video of Senator Cantwell’s opening statement at a September Commerce Committee hearing is available HERE, audio is HERE, and a transcript is HERE.

Video of Senator Cantwell’s Q&A with witnesses at the September hearing is available HERE, audio is HERE, and a transcript is HERE.

Veterans Become Budding Marine Scientists through Washington Internship Program

November 8, 2019 — The following was released by NOAA Fisheries:

In the Puget Sound region of Washington, Kate Rovinski helps study Dungeness crabs at NOAA’s Mukilteo Research Station, part of the Northwest Fisheries Science Center. The crabs are the target of a valuable West Coast fishery at high risk to the effects of ocean acidification. Rovinski got started in the lab through a promising new pathway for veterans in marine science: the NOAA Washington Department of Veterans Affairs Veterans Conservation Corps Internship Program.

The internship program allows veterans to be part of marine science research teams. Work includes both lab and field experiences in a range of disciplines related to the health of Puget Sound, including salmon recovery and ocean acidification.

Field work in particular can provide the veterans with valuable “ecotherapy”—referring to the therapeutic benefits of interacting with nature. Ecotherapy can help veterans who are experiencing post-traumatic stress syndrome, or who are transitioning back to their communities following military service.

Rovinski is one of a number of veterans who have completed the internship. Many graduates of the program go on to work in fisheries with local tribes or to study marine science in graduate school. Rovinski didn’t have much field experience when she applied, but volunteer experience at a salmon hatchery and as an educator deckhand on the Schooner Adventuress made a difference.

“Don’t let perceived lack of experience hold you back from applying if you’re passionate about conservation, especially if ecotherapy resonates with you,” said Rovinski. She encourages veterans who have a strong interest in the marine environment to consider the opportunity.

Read the full release here

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