Saving Seafood

House Natural Resources Committee Announces Markup on 16 Bills

December 8, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

On Tuesday, December 12, 2017 at 5:00 PM in 1324 Longworth House Office Building, the Full Committee will hold a markup on the following bills:

  • H.R. 200 (Rep. Don Young), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes.  “Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act”
  • H.R. 1157 (Rep. William R. Keating), To clarify the United States interest in certain submerged lands in the area of the Monomoy National Wildlife Refuge, and for other purposes
  • H.R. 1349 (Rep. Tom McClintock), To amend the Wilderness Act to ensure that the use of bicycles, wheelchairs, strollers, and game carts is not prohibited in Wilderness Areas, and for other purposes
  • H.R. 1350 (Rep. Richard M. Nolan), To modify the boundary of Voyageurs National Park in the State of Minnesota, and for other purposes;
  • H.R. 1675 (Rep. Suzan K. DelBene), To establish a national program to identify and reduce losses from landslides hazards, to establish a national 3D Elevation Program, and for other purpose.  “National Landslide Preparedness Act”
  • H.R. 2888 (Rep. Jason Smith), To establish the Ste. Genevieve National Historic Site in the State of Missouri, and for other purposes.  “Ste. Genevieve National Historical Park Establishment Act”
  • H.R. 3400 (Rep. Rob Bishop), To promote innovative approaches to outdoor recreation on Federal land and to open up opportunities for collaboration with non-Federal partners, and for other purposes.  “Recreation Not Red-Tape Act”
  • H.R. 3588 (Rep. Garret Graves), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide for management of red snapper in the Gulf of Mexico, and for other purposes.  “RED SNAPPER Act”
  • H.R. 4033 (Rep. Doug Lamborn), To reauthorize the National Geologic Mapping Act of 1992.  “National Geologic Mapping Act Reauthorization Act”;
  • H.R. 4264 (Rep. Rob Bishop), To direct the Secretary of the Interior to convey certain Bureau of Land Management land in Cache County, Utah, to the City of Hyde Park for public purposes.  “Hyde Park Land Conveyance Act”
  • H.R. 4266 (Rep. Bruce Poliquin), To clarify the boundary of Acadia National Park, and for other purposes.  “Acadia National Park Boundary Clarification Act”
  • H.R. 4465 (Rep. John R. Curtis), To maintain annual base funding for the Upper Colorado and San Juan fish recovery programs through fiscal year 2023, to require a report on the implementation of those programs, and for other purposes.  “Endangered Fish Recovery Programs Extension Act of 2017”
  • H.R. 4475 (Rep. Don Young), To provide for the establishment of the National Volcano Early Warning and Monitoring System.  “National Volcano Early Warning and Monitoring System Act”
  • H.R. 4568 (Rep. Raul R. Labrador), To amend the Geothermal Steam Act of 1970 to promote timely exploration for geothermal resources under geothermal leases, and for other purposes.  “Enhancing Geothermal Production on Federal Lands Act”
  • S. 825 (Sen. Lisa Murkowski), To provide for the conveyance of certain property to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska, and for other purposes.  “Southeast Alaska Regional Health Consortium Land Transfer Act of 2017”
  • S. 1285 (Sen. Jeff Merkley), To allow the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, the Confederated Tribes of the Grand Ronde Community of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of Warm Springs, the Cow Creek Band of Umpqua Tribe of Indians, the Klamath Tribes, and the Burns Paiute Tribes to lease or transfer certain lands.  “Oregon Tribal Economic Development Act”
WHAT: Full Committee Markup on 16 bills
WHEN: Tuesday, December 12
5:00 PM
WHERE: 1324 Longworth House Office Building

On Tuesday December 12, 2017, the Committee will convene at 5:00 P.M. in 1324 Longworth House Office Building for opening statements only. The Committee will reconvene on Wednesday, December 13, 2017 at 10:00 A.M. until 12:00 P.M. in the 1324 Longworth House Office Building.

Visit the Committee Calendar for additional information once it is made available. The meeting is open to the public and a video feed will stream live at House Committee on Natural Resources.

Cantwell Introduces Solution to Shield WA Fishermen from Unnecessary Costs, Delays

December 7, 2017 — WASHINGTON — The following was released by the office of Sen. Maria Cantwell:

U.S. Senator Maria Cantwell (D-WA) introduced the Fishing and Small Vessel Relief Act (S.2194)  to extend protections for fishermen and small vessel owners from adhering to costly requirements that do not tangibly protect or improve water quality for vessels of their size. An EPA study found that incidental discharges from these small vessels do not generate a significant threat to our waters.

The bill will extend a current moratorium that exempts fishing vessels and vessels under 79 feet from incidental discharge permitting requirements mandated by the Environmental Protection Agency (EPA). These vessels have been continuously exempt since 2008 under a temporary moratorium as they do not pose a serious environmental risk.

“Fishermen are key drivers of Washington state’s growing economy. We need their boats out fishing, not bogged down by regulations meant for large vessels like oil tankers,” said Cantwell.

Cantwell’s science-based legislation brings stability to small vessel owners who have been at unease due to an impending December 18th expiration of the current moratorium. More than 115,000 small vessels nation-wide would receive relief under the Cantwell legislation. Commercial fishing boats make up the bulk of the protected vessels, but many research vessels, tour boats, tugboats, towboats, and offshore supply boats would also qualify.The EPA’s vessel incidental discharge permitting requirements are intended to prevent water pollution and the spread of invasive species through release of bilge water, ballast, and other discharges. These regulations are critical to safeguard the environment from large vessels, who are more likely to carry pollutants and run a greater risk of introducing invasive species. Vessel discharge from smaller vessels does not pose a serious environmental risk.

A copy of the bill can be found HERE.

East Coast Fishing Coalition Continues Legal Challenge to Planned Wind Farm Off New York

WASHINGTON — December 1, 2017 — The following was released by the Fisheries Survival Fund:

A coalition of East Coast fishing businesses, organizations, and communities, led by the Fisheries Survival Fund (FSF), has taken the next step in its legal challenge to a planned wind farm off the coast of New York. FSF and its co-plaintiffs argue that the Bureau of Ocean Energy Management (BOEM) awarded the lease for the New York Wind Energy Area (NY WEA) to Norwegian energy company Statoil without fully considering the impact on fishermen and other stakeholders, in neglect of its responsibilities as stewards of ocean resources.

The plaintiffs outlined their arguments in a brief filed Tuesday in the United States District Court for the District of Columbia. In the brief, FSF criticizes BOEM’s claim that it is not the agency’s job to resolve conflicts among new and pre-existing ocean users in the NY WEA. In an October filing, BOEM wrote that it is “not the ‘government steward of the ‘ocean commons,’’” a claim that FSF calls “unbecoming.” In fact, BOEM’s own website states: “The bureau is responsible for stewardship of U.S. [Outer Continental Shelf] energy and mineral resources, as well as protecting the environment that development of those resources may impact.”

FSF also writes that the NY WEA, an expanse of ocean nearly twice the size of Washington, D.C., is a poor location for a wind farm, and that BOEM and Statoil have alternately claimed that it is both too early and too late to raise objections to the lease. Statoil previously stated that vacating the lease would “squander the resources and the five years that BOEM has expended to date in the leasing process,” even as BOEM promises it will consider measures to mitigate the impacts of a wind farm later in the process. By then, after more time and resources have been expended, a wind farm “will be all but a foregone conclusion,” FSF writes.

Additionally, FSF argues that evaluating alternatives and considering conflicting ocean uses from the start would ultimately benefit BOEM and energy developers, ensuring they do not expend vast resources developing poorly located wind farms. The brief cites the ongoing debacle over the Cape Wind energy project, an approved wind farm off Cape Cod, Massachusetts, as an example of what can go wrong when BOEM and a developer ram through an agreement and become too invested to turn back. After the project “slogged through state and federal courts and agencies for more than a decade,” delays and uncertainty have jeopardized, if not eliminated, Cape Wind’s financing and power purchase agreements, according to the brief.

The plaintiffs in this case are the Fisheries Survival Fund; the Borough of Barnegat Light, New Jersey; The Town Dock; Seafreeze Shoreside; Sea Fresh USA; Rhode Island Fishermen’s Alliance; Garden State Seafood Association; Long Island Commercial Fishing Association; the Town of Narragansett, Rhode Island; the Narragansett Chamber of Commerce; the City of New Bedford, Massachusetts; and the Fishermen’s Dock Co-Operative of Point Pleasant, New Jersey.

While the fishing groups hold wide-ranging views about offshore wind energy development, they all agree that the siting process for massive wind energy projects “should not be a land rush, but rather reasoned, fully informed, intelligent, and cognizant of the human environment,” according to the brief.

About the Fisheries Survival Fund
The Fisheries Survival Fund (FSF) was established in 1998 to ensure the long-term sustainability of the Atlantic sea scallop fishery. FSF participants include the vast majority of full-time Atlantic scallop fishermen from Maine to Virginia. FSF works with academic institutions and independent scientific experts to foster cooperative research and to help sustain this fully rebuilt fishery. FSF also works with the federal government to ensure that the fishery is responsibly managed.

Pacific Council Gives Preliminary Nod to Two Coastal Sardine and Other Pelagic Species Projects

November 22, 2017 — SEAFOOD NEWS — The Pacific Fishery Management Council last week approved for public review two exempted fishing permits that should help improve coastal pelagic species stock assessments.

Both projects would add more survey work to nearshore areas. Fishermen have identified schools of sardines, in particular, close to shore but accessing them for survey work has been a problem because the sardine season has been closed and NOAA ships cannot access shallow areas. Additionally, both proposals would build on the use of industry knowledge.

The California Wetfish Producers Association research project intends to sample CPS schools in the southern California Bight using aerial spotter pilots with camera systems to fly surveys close to shore and photo-document schools. At the same time, qualified purse seine vessels would capture a subset of the schools identified in the photographs as “point sets.” This would provide a way to address issues identified in the aerial survey methodology review. The survey period is scheduled for late August 2018.

According to the CWPA application, all fish captured, including sardines, would be processed and sold by participating processors, and fishermen will be paid for their catches at the usual rates. Aside from the sale of fish, processors would not be compensated for the extra labor they will incur in weighing and fully sorting each school individually and documenting species composition by school, rather than the normal procedure of offloading the entire catch and documenting by load.

“We strongly support these EFP projects to improve the accuracy of stock assessments. It should be noted that 70 percent or more of the CPS harvest in California occurs in the area inshore of NOAA acoustic surveys,” CWPA Executive Director Diane Pleschner-Steele said. “We are grateful to the California Department of Fish and Wildlife and Southwest Fishery Science Center for their help and recognition that surveying the nearshore is a high priority research and data need.”

Pacific Seafood’s Mike Okoniewski presented the Westport, Wash.-based West Coast Pelagic Conservation Group project to both the Council and the Scientific and Statistical Committee. The project is designed to provide supplementary data collection and additional sampling techniques for areas nearshore of the proposed 2018 NOAA/Southwest Fisheries Science Center acoustic-trawl survey, according to the group’s application. This research off of Washington and Oregon would continue and expand the 2017 collaborative effort in 2018 so that samples of CPS for species composition and individual fish metrics may be obtained through purse seine operations, according to Council documents.

Sampling would be done at the same general time and nearshore areas as the NOAA survey, the applicants stated. The coastal pelagic species (CPS) that will be retained in small amounts (e.g. 5kg to 25kg) for sampling will be dip-netted sardines, anchovies, and mackerel(s). The sample fish will be frozen and retained for identification and biological measurements to be performed by NOAA.

But unlike the southern EFP, no fish will be harvested for commercial purposes. Wrapped schools would be released alive, the applicants said.

“This collaboration will continue to support the already commendable efforts of the scientists, balancing it with industry knowledge of the fishing grounds,” Okoniewski said.

Both EFPs will add to current survey and stock assessment work, providing more robust data for the fisheries in the future. The Council’s Scientific and Statistical Committee and Coastal Pelagics Species Management Team supported the EFPs and suggested minor technical changes to each; both applicants plan to incorporate those suggestions prior to the Council’s and NMFS’ final approval in early 2018.

“The CPSMT recognizes the value of the EFP research proposed by both groups to improve CPS stock assessments by obtaining data that has not been attainable by other means,” the CPS Management Team said in its statement.

The Coastal Pelagic Species Advisory Subpanel also supported the projects. “[We are] encouraged that forward progress is now being made to develop effective survey methods for the nearshore area,” the panel said in its statement. “The CPSAS thanks CWPA, WCPCG and especially the SWFSC for acknowledging the data gaps in current surveys and helping to provide support and funding for cooperative surveys that will hopefully improve the accuracy of future CPS stock assessments.”

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

 

Most of West Coast Dungeness Season Delayed Until Dec 16th to Allow for Better Meat Fill

November 21, 2017 — SEAFOOD NEWS — Washington and northern California also will delay their commercial crab seasons until at least Dec. 16 and let the Dungeness crab populations fill out with meat a bit more.

Oregon Department of Fish and Wildlife officials decided last week [link] to delay the state season until Dec. 16 at the earliest and, after a Tri-State conference call, all three states agreed to delay the season until the same date.

In California, the delay applies only to the area from Point Arena to the Oregon/California border. The central California fishery has been open since Nov. 15.

“This decision was based on crab condition tests conducted by WDFW, [Oregon Department of Fish and Wildlife] and [California Department of Fish and Wildlife] which shows that all test areas do not currently meet the minimum meat recovery criteria,” the WDFW notice to industry said.

The Tri-State Dungeness Crab Pre-Season Testing Protocols specify that after the first round of testing, if any area does not meet the minimum meat recovery criteria (23 percent north of Cascade Head and 25 percent south of Cascade Head) a delay is required and additional testing is required before a season opening date can be confirmed, WDFW said.

Some news media have reported the delay also is due to concerns of domoic acid. However, tests from Washington show results below the action level of 30 ppm for crab viscera. Portions of the Oregon coast have had crab with levels higher than 30 ppm and ODFW has closed part of the coast to recreational crabbing.

A second round of both meat recovery and domoic acid testing is scheduled to be conducted after Thanksgiving, the WDFW said in the statement. Oregon and California also are continuing testing.

The latest round of domoic acid results in California show areas near Point St. George Reef, near Crescent City, having one of six crab with a level of 65 ppm and also one crab from the Usal area near Fort Bragg with a level of 150 ppm.

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

 

Fugitive salmon may be dead, but the court case is just getting started

November 15, 2017 — A Washington state conservation group is suing the owners of an Atlantic fish farm that failed over the summer.

Wild Fish Conservancy says the company negligently allowed the salmon escape to happen, which would be a Clean Water Act violation.

More than 100,000 non-native Atlantic salmon escaped into Puget Sound when Cooke Aquaculture’s pens near Cypress Island collapsed.

Aside from the spill, the Wild Fish Conservancy also contends Cooke violated its Clean Water Act responsibilities over the past five years. Attorney Brian Knutsen is representing the conservancy.

Knutsen: “Permits require that Cooke Aquaculture implement pollution prevention plans at all eight of its facilities. Cooke Aquaculture has over the last five years failed to implement these plans in a manner that’s required by its clean water act permits.”

He said the lawsuit seeks to hold Cooke responsible for the fish escape in August and for allegedly failing to follow its pollution plan.

Read the full story at KUOW

 

Center For Biological Diversity Takes Aim at California Dungeness Fishery With New Petition

November 15, 2017 — SEAFOOD NEWS — The Center for Biological Diversity is attacking the California Dungeness Crab fishery again — this time under the Marine Mammal Protection Act.

A petition, co-signed by the Turtle Island Restoration Network, asks the National Marine Fisheries Service to designate the California crab fishery as a Category 1 fishery under the Marine Mammal Protection Act because of its rising injuries to humpback, blue, killer and gray whales, the Center said in a press release. Moving the fishery into the top category of concern would prioritize state and federal resources to help protect whales along the West Coast, the statement also said.

But the press release fails to note the petition itself goes much deeper. The Center focuses on the Central American breeding population of humpback whales — which feed primarily in California waters.

CBD cites an estimated average of 1.35 mortalities per year between 2011-2015. The Center also references the potential biological removal (PBR) of 0.8 in the stock assessment is below the estimated mortalities.

“This shows that the California Dungeness crab pot fishery – and not the
Oregon or Washington Dungeness crab pot fishery – primarily impacts the Central America [distinct population segment]. Without additional information, all interactions of the California Dungeness crab pot
fishery should be assigned to the Central America DPS,” the center says in the petition.

However, the years cited do not include the most recent seasons, when fewer whales were entangled.

Furthermore, the Center requests NOAA add blue whales; the offshore stock of killer whales; and the endangered Western North Pacific population of gray whales — of which three of seven tagged whales have been documented on the West Coast — to the list of marine mammals injured or killed in the California crab fishery.

A 2017-18 Risk Assessment and Mitigation Program (RAMP) report, a pilot program put together by the California Dungeness Crab Fishing gear Working Group, identifies four priority factors that evaluate elevated risk of whale entanglements: crab season delay, forage/ocean conditions, whale concentrations and rate of entanglements. The report uses established data sources and the expertise of the working group members to determine entanglement risks.

The Working Group determined the whale concentration risk level is moderate; rate of entanglements risk is low; the chance of a season delay is low; and whale forage and ocean conditions risk level also is low.

The Central California crab season opened today, although some smaller vessels may be holding off for better weather.

“We are excited with the on-time opening of our local Dungeness crab season,” Angela Cincotta, with Alioto-Lazio Fish Company, said this morning. “We pray that all of our fishermen stay safe while the weather bats them about the sea. We are thankful for their commitment to our industry and their respect of the oceans.”

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

 

Fossil fuel search would target migratory path of right whales

November 14, 2017 — Conservationists will gather today in Washington, D.C., to stop a bill they say will “fast-track” air gun surveys for oil and gas off the U.S. coasts that could harm whales, dolphins and other marine mammals.

“This is a pro-oil and gas industry wishlist,” said CT Harry, a marine conservation campaign officer for the International Fund for Animal Welfare, which is one of the nine lead conservation groups heading the lobbying effort.

More than 50 marine mammal advocates and ocean conservationists are expected to visit Capitol Hill, on the 45th anniversary of the passage of the federal Marine Mammal Protection Act.

The act, enacted in 1972, established a moratorium on the taking of marine mammals in U.S. waters, where “take” means hunt, harass, capture or kill, or attempt to do so, and the act set a national policy to prevent depletion of marine mammal populations. Exceptions to the moratorium can be made through permits for lawful activities that might incidentally result in a “take.”

Conservationists say that House bill 4239, known as the Secure American Energy Act, contains provisions to weaken the MMPA permitting for “incidental” events, where the weakened measures could harm marine mammals all along the East Coast, particularly the North Atlantic right whales. The House Committee on Natural Resources passed the bill last week, and the House could vote on it in the next few weeks.

Read the full story at the Cape Cod Times

 

Climate change preview? Pacific Ocean ‘blob’ appears to take toll on Alaska cod

November 4, 2017 — Gulf of Alaska cod populations appear to have nose-dived, a collapse fishery scientists believe is linked to warm water temperatures known as “the blob” that peaked in 2015.

The decline is expected to substantially reduce the Gulf cod harvests that in recent years have been worth — before processing — more than $50 million to Northwest and Alaska fishermen who catch them with nets, pot traps and baited hooks set along the sea bottom.

The blob also could foreshadow the effects of climate change on the marine ecosystem off Alaska’s coast, where chilly waters rich with food sustain North America’s richest fisheries.

Federal fisheries biologist Steve Barbeaux says that the warm water, which has spread to depths of more than 1,000 feet, hit the cod like a kind of double-whammy. Higher temperatures sped up the rate at which young cod burned calories while reducing the food available for the cod to consume.

“They get weak and die or get eaten by something else,” said Barbeaux, who in October presented preliminary survey findings to scientists and industry officials at an Anchorage meeting of the North Pacific Fishery Management Council. The 2017 trawl net survey found the lowest numbers of cod on record, more than 70 percent lower than the survey found two years earlier.

Barbeaux said the cod decline likely resulted from the blob, a huge influx of warm Pacific Ocean water that stretched — during its 2015 peak — from the Gulf of Alaska to California’s offshore waters.

Biologists tracked increases in bird die-offs, whale strandings and other events such as toxic algae blooms. Even today, its effects appear to linger, such as in the dismal survey results for salmon this past summer off Oregon and Washington.

Read the full story at the Seattle Times

Entangled: Making The Sea Safer For Whales

November 1, 2017 — More than 30 times this year, the federal government has received reports of whales tangled in fishing gear along the West Coast. Sometimes the whales manage to wriggle free. Other times you see heart-rending pictures on the news or a rescue mission.

The culprit often involves Dungeness crab pot lines. Now Oregon crabbers are working with marine scientists to make the seas safer for whales and to avoid a black mark on their brand.

Bob Eder has fished commercially out of Newport, Oregon for decades.

“Over 45 years of pulling crab pots—I think I’ve probably hauled in close to a million—I’ve never encountered an entangled whale,” he said.

‘We want to be proactive’

Eder often sees whales at sea and recognizes just one bad outcome blamed on fishing gear could be all it takes to cause a PR nightmare. Whale numbers are up, but so are sightings of humpback whales, gray whales and the odd blue whale entangled in fishing lines and buoys—especially in California.

“We want to get out ahead of it. We want to be proactive,” Eder said. “We don’t want to be sued by the Center for Biological Diversity. We want to see what we can do to mitigate the situation.”

The Center for Biological Diversity is an environmental group and it did just sue the California Department of Fish and Wildlife. The group wants a federal judge to order the state regulator to make crab fishermen do more to avoid harm to endangered whales.

Crab traps themselves are not the problem, but rather the heavy-duty ropes stretching from the seafloor to one or more buoys at the surface. Whales can snag a fin or a tail and get all tangled up if there’s too much slack in the vertical line or excess floating on the surface.

“They normally don’t come in where our gear is,” Oregon Dungeness Crab Commission Executive Director Hugh Link said. “But when we get warmer water and the feed comes in closer to shore, then we have an issue.”

Link and Eder are two members of a work group of crabbers, marine biologists and government agency and nonprofit representatives. They’ve been meeting in Oregon since March.

A grant from NOAA Fisheries launched what is known as the Oregon Whale Entanglement Work Group, which is facilitated and now supported by Oregon Sea Grant. Washington state crabbers and other interested parties plan to meet in Montesano on November 8 to hear an update on whale entanglements and discuss whether the Washington-based/the local fleet should launch a proactive work group too.

The work group agreed to distribute a flyer to crab boat operators ahead of the season opener next month with best practices for setting and tending gear. Oregon and Washington also have programs to retrieve lost or derelict fishing gear. The work group next plans to survey the fleet about potential season modifications and area closures to keep whales away from gauntlets of ropes.

Read the full story at KUOW