February 21, 2020 — Cause of Action Institute, on behalf of six trawlers and a processor based in Cape May, NJ, filed a lawsuit yesterday against Secretary of Commerce Wilbur Ross and NOAA Fisheries to block a new rule forcing them to pay for third-party “at-sea monitors.”
The plaintiffs claim that NOAA Fisheries and the Department of Commerce violated the National Environmental Policy Act (NEPA) and the Regulatory Flexibility Act (RFA) when designing and implementing the final rule.
January 13, 2020 — The following was released by NOAA:
NOAA Fisheries has issued a final biological opinion on construction and operation of the Jordan Cove terminal in Coos Bay, Oregon, and the associated 229-mile long Pacific Connector Liquid Natural Gas pipeline. After conducting a thorough review, NOAA scientists determined that the proposed action does not jeopardize protected species or adversely modify their critical habitat.
“NOAA’s opinion on Jordan Cove will pave the way for more American jobs and vastly expanded exports of domestically sourced liquified natural gas to prized Asian markets,” said Secretary of Commerce Wilbur Ross. “The speed of this decision was only made possible by recent reforms to the infrastructure permitting process, while still allowing the relevant authorities ample time to determine that no species or critical habitat would be jeopardized.”
The pipeline would connect the terminal to other major pipelines in the West, linking it to gas supplies across the United States and Canada. The terminal in Coos Bay would be capable of liquefying up to 1.04 billion cubic feet of natural gas per day for export to markets around the world.
This biological opinion considered the effects of construction and operation of the terminal and pipeline on 17 species listed under the Endangered Species Act and their critical habitats. The affected species include whales, sea turtles, salmon and other fish species. NOAA Fisheries determined that impacts on the species and their habitat would occur only in the short-term or on small scales, and would be dispersed broadly across about 250 miles.
The biological opinion fulfills requirements under the Fixing America’s Surface Transportation Act, known as FAST-41, and Executive Order 13807, which sets a goal of speeding environmental reviews.
The company, Pembina Pipeline Corporation, committed to important best management practices that would reduce effects on listed species, and proposed mitigation measures that will benefit species in the long-term.
The measures include restoration of at least 72 acres of tidelands and 2.7 acres of freshwater floodplain that provide important habitat for protected salmon and other species. The company would also establish at least 2.7 acres of eelgrass habitat. Additional measures would restore and improve freshwater habitat at 60 sites along the pipeline route, including placement of large wood in streams, riparian vegetation planting and fencing, fish passage improvement, and road improvements that will reduce delivery of fine sediment to streams.
December 20, 2019 — Omega Protein said it will cooperate with interstate menhaden managers, after the Department of Commerce set a June 17, 2020 deadline for Virginia to come into compliance with the Chesapeake Bay cap on its reduction fishery or face a moratorium.
Commerce Secretary Wilbur Ross formally concurred with the Atlantic States Marine Fisheries Commission finding of non-compliance, after the commission in October voted to insist the Reedville, Va.-based Omega Protein must adhere to the commission’s 51,000 metric tons bay cap.
Chris Oliver, the NOAA assistant administrator for fisheries, notified the commission Thursday of Ross’ decision.
“NOAA Fisheries also finds that this management measure is necessary for the conservation of the menhaden resource,” Oliver wrote in a letter to the commission. “The best available information shows that menhaden in the Chesapeake Bay are an important component of the overall health of the stock, and further that their role as forage for predator species in the Chesapeake Bay is critical to the marine environment.”
Omega officials, who faced off with critics for months before the commission vote, pledged Thursday to work toward solutions.
“Omega Protein will work with both the ASMFC and the Commonwealth of Virginia to lift the moratorium and bring the fishery back into compliance,” the company said in a prepared statement. “The company looks forward to working with the commission in the coming months as we move toward ecosystem-based measures, and will continue to support science-based fishery management and a healthy menhaden fishery.”
December 19, 2019 — Wilbur Ross, secretary of the US Department of Commerce, has agreed with Virginia governor Ralph Northam and placed the first-ever moratorium on the commonwealth’s menhaden fishery in the Chesapeake Bay — one of the two largest in the US — delivering a potentially nasty blow to Omega Protein.
But the moratorium doesn’t go into effect until June 17, 2020, giving the Houston, Texas-based division of Cooke Inc. plenty of time to work with the state to get into compliance.
The ruling follows Omega Protein’s admission in September of violating a federal cap set by the Atlantic States Marine Fisheries Commission in the area. The ASFMC cut the bay cap by 41% in 2017, in what it described as a precautionary measure, but without a finding of overfishing.
In October, during its week-long meeting in New Castle, New Hampshire, the ASMFC voted unanimously (15-0) to advance its finding of noncompliance against the state of Virginia to Ross.
Read the full story at Undercurrent News
December 19, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:
The Atlantic States Marine Fisheries Commission received notification today that the Secretary of Commerce concurs with the Commission’s finding that the Commonwealth of Virginia is out of compliance with Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. Specifically, the Commonwealth has failed to implement the 51,000 mt Chesapeake Bay reduction fishery cap (cap). In accordance with this finding, the Secretary has declared a moratorium on the Atlantic menhaden fisheries in Virginia waters, effective June 17, 2020. In order to avert the moratorium, the Commonwealth must effectively implement and enforce the cap prior to June 17th. This action was taken pursuant to the provisions of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) of 1993.
“I am grateful for the Secretary’s support of the Commission’s fisheries management process and, in particular, our efforts to manage Atlantic menhaden, an important forage species, in a precautionary manner,” stated ASMFC Chair Patrick C. Keliher of Maine. “The Secretarial backstop is a key provision of the Atlantic Coastal Act.”
In today’s letter from NOAA Fisheries transmitting its determination of noncompliance, it stated, “NOAA Fisheries also finds that this management measure is necessary for the conservation of the menhaden resource. The best available information shows that menhaden in the Chesapeake Bay are an important component of the overall health of the stock, and further that their role as forage for predator species in the Chesapeake Bay is critical to the marine environment.” The letter explains that the June closure was selected “to give Virginia the time necessary for its legislature to bring these regulations back into compliance.”
December 6, 2019 — Gov. Andrew M. Cuomo on Friday requested the U.S. Department of Commerce issue a disaster declaration for the Peconic Bay scallop fishery, following a catastrophic die-off of scallops in East End waterways.
An immediate declaration of a disaster is needed, he said, to provide “direct economic relief for the New York fishing industry.”
In a letter to Commerce Secretary Wilbur Ross, Cuomo requested that the federal government formally declare a fishery failure in the bay scallop fishery in the Peconic Bay Estuary due to a “fishery resource disaster.”
Cuomo did not site a figure for economic losses or impacts tied to the die-off.
The move comes as researchers and biologists from the state, Suffolk County, Cornell University and Stony Brook University gathered Friday night at Stony Brook’s Southampton campus to detail the latest information about the die-off, which was first recognized as the scallop season opened Nov. 5.
November 21, 2019 — With a tough letter accusing a Canadian-owned firm of stealing Virginia fish, Gov. Ralph Northam asked for a federal freeze on catching menhaden.
Northam said the freeze was needed because Reedville-based Omega Protein had exceeded a cap set on the menhaden catch in Chesapeake Bay earlier this year. Omega is owned by Cook Aquaculture Inc., of New Brunswick.
The governor’s request to U.S. Secretary of Commerce Wilbur Ross came in the wake of a finding by the Atlantic States Marine Fisheries Commission that Virginia had violated the cap because of Omega’s operation.
The commission cut the Bay cap by 41% in 2017, in what it described as a precautionary measure, but without a finding of overfishing.
“Despite direct appeals by Virginia’s Marine Resources Commissioner and myself that Omega abide by the 51,000 metric ton limit, the company has continued over-harvesting menhaden from the Chesapeake Bay even after exceeding the cap,” Northam wrote in his request to Ross.
October 31, 2019 — The Atlantic States Marine Fisheries Commission ruled Thursday to advance to Wilbur Ross, the US secretary of Commerce, its finding of noncompliance against the state of Virginia in relation to it allowing the harvest of more Atlantic menhaden inside the Chesapeake Bay than the 51,000 metric tons ASMFC guidelines allow, Undercurrent News has learned.
The commission voted unanimously (15-0) at its week-long meeting in New Castle, New Hampshire, with abstentions by representatives for both the National Marine Fisheries Service and the US Fish and Wildlife Service, mirroring earlier votes on Monday by the ASMFC’s menhaden management board and Thursday morning by the commission’s policy panel.
The ruling, which was expected as all three ASMFC panels share many of the same members, is bad news for Omega Protein. The Houston, Texas-based division of Canadian seafood giant Cooke catches nearly all of the menhaden in the Chesapeake, a large body of water shared by the states of Maryland and Virginia, and it has freely acknowledged recently surpassing the ASMFC limit by about 14,000t.
Omega previously suggested it made the decision to keep fishing in the Chesapeake beyond the ASMFC guidelines out of concern for the safety of its harvesters and was bound only by Virginia’s stated limit of 87,216t.
October 23, 2019 — With an increasing number of fisheries disaster requests coming from all over the United States, members of Congress and the federal government are looking for ways to improve the relief process.
Summer 2018 brought disappointing results for many fishermen across Alaska, particularly for sockeye salmon fishermen in the central Gulf of Alaska, but only two fisheries were officially granted federal disaster declarations: the 2018 Chignik sockeye salmon run and the 2018 Pacific cod fishery. While many other fishermen at least got a few fish to fill their wallets, Chignik fishermen had virtually no season, and Gulf of Alaska Pacific cod fishermen saw their total allowable catch reduced by 80 percent from 2017 because of low abundance.
U.S. Secretary of Commerce Wilbur Ross announced a dozen commercial fishery disaster declarations Sept. 25 for the 2018 calendar year. Congress appropriated $165 million for fisheries disaster relief, to be allocated according to the losses in revenue for the selected fisheries.
It’s the second time in recent years there have been disastrously poor returns to some fisheries. In 2016, the failed pink salmon run across the Gulf of Alaska left many fishermen holding empty nets, particularly in Kodiak and Prince William Sound, resulting in a disaster declaration in 2017 and eventually $56 million in relief funds for stakeholders.
September 26, 2019 — The following was released by The Office of Senator Roger Wicker (R-MI):
U.S. Senators Roger Wicker, R-Miss., and Cindy Hyde-Smith, R-Miss., and Representative Steven Palazzo, R-Miss., today commended U.S. Department of Commerce Secretary Wilbur Ross for approving a federal fishery disaster declaration for Mississippi. The legislators had previously urged Secretary Ross to approve Governor Phil Bryant’s request for federal assistance in June.
Wicker, chairman of the U.S. Senate Committee on Commerce, Science, and Transportation, made the announcement at today’s full committee hearing on the federal fishery disaster declaration and relief process.
“I supported Governor Bryant’s request for a fishery disaster declaration, and I have been working with NOAA to make sure Mississippi gets the relief it needs,” Wicker said. “Last night, I received the good news from the Secretary of Commerce that he is officially declaring a fishery disaster for Mississippi. This is a needed development for Mississippi fishing communities affected by recent disasters, but problems remain with the fisheries declaration process. Our fishermen deserve more timely consideration and relief.”
Wicker’s committee is considering reforms to federal law that would provide fishermen with disaster relief more quickly. Wicker outlined several of these proposals in legislation he introduced in July.
Hyde-Smith, as a member of the Senate Appropriations Committee, in May worked to secure $150 million in an emergency relief bill for the Department of Commerce to mitigate designated fishery disasters, and wrote Ross in June to encourage him to utilize that funding for Mississippi’s coastal communities. In July, Hyde-Smith and Senator John Kennedy, R-La., introduced legislation to create a disaster assistance program for commercial fishing and aquaculture operations.
“Recovering from the damage caused to the Mississippi Sound this year will take time, but we’re fortunate that funding is already in place to implement disaster assistance. The Commerce Department should use those funds to help us overcome the significant economic hardships experienced by Mississippi’s boating, tourism, fisheries, shrimp, and oyster industries,” said Hyde-Smith.