Judge rules for Oceana in California anchovy dispute
Just how many anchovies are there off the northern coast of California and are there enough to fish commercially?
Environmental activist group Oceana and the National Marine Fisheries Service (NMFS) have different answers to those questions, and a federal judge’s ruling recently favored Oceana’s view, reducing opportunities for California fishermen.At issue is the science that NMFS relied on in reaching a 2016 decision to set the total allowable catch (TAC) for northern California anchovy at 25,000 metric tons. The agency set that limit -- even though landings typically only total less than a third of that, 7,300t -- judging the stock's maximum sustainable yield to be 123,000t, and calculating an acceptable biological catch of 100,000t. The TAC was set, conservatively, the agency said, at a fourth of that level.However, after the 2016 rule was adopted, Oceana sued NMFS in federal court arguing that the rule violated principles established in the the Magnuson-Stevens Act because the agency failed "to articulate the scientific basis for this catch limit".In January, judge Lucy Koh approved Oceana's motion for summary judgment vacating the 25,000t TAC rule. NMFS had asked judge Koh to amend that judgement but last week, she declined to do so. When contacted by Undercurrent News, representatives of NMFS' parent agency, the National Oceanic and Atmospheric Administration (NOAA), said that its lawyers were reviewing the judgment. It has not decided if it will appeal.NMFS is currently working on new assessments of the stock to inform future TAC decisions.
Precipitous decline?
In its lawsuit, Oceana, claiming that the anchovy stock had "declined precipitously", argued that NMFS hadn't conducted a stock assessment for the species since 1995 and that the true size of the northern anchovy biomass averaged between 10,000t to 15,000t from the 2009 to 2011 period.It made this claim in part due to a piece of independent research authored by Alec MacCall, which looked at densities of anchovy eggs and larvae.NMFS argued that that the MacCall study had shortcomings."These egg/larval data were collected by the California Cooperative Oceanic Fisheries in a fairly small portion of the range of the stock between San Diego and Point Conception, California," NMFS lawyers argued, adding that the model used in the study did not take into account anchovies that didn't spawn during the period studied or laid their eggs elsewhere.But the judge wrote that "defendants’ arguments fail to discredit the MacCall Study", and said that because the 25,000t TAC wasn't based on "best available science", it would be vacated.
Wetfish worries
Speaking to Undercurrent about the ruling, Diane Pleschner-Steele, the executive director of the California Wetfish Producers Association, also characterized the MacCall study as flawed. Her group's members have seen a "huge abundance" of anchovy despite concerns that the stock has collapsed.Pleschner-Steele said that her group worked last year with the California Department of Fish and Wildlife to perform an aerial survey of anchovy stocks."The department’s plane flew along the coast inside the area that the NOAA acoustic trawl survey was transecting at the same time, and our spotter pilot estimated tonnage of the schools he observed," she wrote. "We documented tens of thousands of tons of coastal pelagic species — both sardine and anchovy — that the NOAA cruise did not see or factor into its assessment because they survey largely offshore and don’t come into nearshore waters. This is now recognized as a problem, and we’re hopeful that we can improve stock assessments over time."The California 'wetfish' industry that traditionally relied on squid harvesting but supplements that fishery with anchovy, sardines and mackerel. Unfortunately for the fishermen, the sardine fishery has been closed to directed commercial fishing -- although an incidental fishery is allowed -- and mackerel landings have been low in recent years."Things are still pretty tenuous. Right now the only fishery we have is squid," she said.
Proposed Magnuson Stevens changes are reasonable
Washington Gov Urges Support for Sea Lion Control Bill in Congress
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SEAFOODNEWS.COM [TDN.COM] by Katy Sword - January 31, 2018 Gov. Jay Inslee is urging U.S. House representatives from Washington, Oregon and Idaho to support a bill penned by Rep. Jaime Herrera Beutler, R-Battle Ground, that seeks to reduce sea lion predation on at-risk fish populations, including salmon and steelhead.Inslee sent a letter to the Northwest delegation asking for support Friday with the support of Oregon Gov. Kate Brown and Idaho Gov. C.L. “Butch” Otter.“Although several hundred million dollars are invested annually to rebuild these native fish runs, their health and sustainability is threatened unless Congress acts to enhance protection from increasing sea lion predation,” the letter reads. “It’s hard to imagine successful recovery of threatened and endangered fish populations with these high levels of interception by sea lions.”Researchers estimate sea lions consume nearly 20 percent of the spring Chinook run, and a study by NOAA Fisheries found up to 45 percent of adult Chinook salmon disappear between Bonneville Dam and the estuary. Those loses are attributed to sea lion predation.The bill, HR 2083, allows state, federal and tribal authorities to respond faster and more efficiently. Lethal removal is still limited in the bill.“I am pleased to see bipartisan support for my bill continue to grow,” Herrera Beutler said in a statement. “As the governors stated in their letter, we must act to protect our native Columbia River salmon and steelhead. I am hopeful that the senators from Oregon and Washington will also join in supporting this bill to successfully move it through Congress.”Inslee, Brown and Otter wrote that they hope the two chambers can come to an agreement on the bill and implement it with bipartisan support.“No one wants to harm these great marine mammals, but effectively dealing with a small fraction of the healthy sea lion population is preferable to losing unique and irreplaceable species of salmon,” the letter concludes.
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'Rule of Thumb' Management Approach Is Wrong For Forage Fish, Dr. Ray Hilborn Tells U.S. Senate
Saving Seafood interviews Dr. Ray Hilborn about forage fish management ahead of his testimony before the Senate Commerce Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard.
WASHINGTON (Saving Seafood) – October 31, 2017 – At a hearing of the U.S. Senate Commerce Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard last week, respected fisheries scientist Dr. Ray Hilborn testified that fisheries managers “can do better than a one-size-fits-all” approach to managing forage fish. He also said there was “no empirical evidence to support the idea that the abundance of forage fish affects their predators.”Dr. Hilborn’s comments came in response to questioning from Sen. Roger Wicker (R-MS) about whether fisheries managers should manage forage fish according to a “rule of thumb” approach, where fisheries are managed according to a set of broad ecological and management principals, or a “case-by-case” approach, where management is guided by more species-specific information.Dr. Hilborn, a professor at the University of Washington’s School of Aquatic and Fishery Sciences, was part of a team of top fisheries scientists that recently examined these issues, as well as what effects fishing for forage fish species had on predator species. Their research indicated that previous studies, like a 2012 report from the Lenfest Forage Fish Task Force, may have overestimated the strength of the predator-prey relationship.Before the hearing, Dr. Hilborn spoke with Saving Seafood about his research and his message for lawmakers.“It’s very clear that there really are no applicable rules of thumb, that every system is independent [and] behaves differently, and we need to have the rules for each individual forage fish fishery determined by looking at the specifics of that case,” Dr. Hilborn told Saving Seafood.He also discussed his team’s finding that forage fish abundance has little impact on their predators. They looked at nearly all U.S. forage fish fisheries, including the California Current system and Atlantic menhaden, and concluded that predator species generally pursue other food sources when the abundance of any one forage species is low.“The predators seem to go up or down largely independent of the abundance of forage fish,” Dr. Hilborn said, adding, “For Atlantic menhaden, for their major predators, the fishery has reasonably little impact on the food that’s available to them.”Another key message Dr. Hilborn had for the Subcommittee was that fisheries managers must determine what they want to accomplish so that scientists can advise them accordingly.“The time has come to refocus our fisheries policy on what we actually want to achieve because rebuilding is only a means to an end,” Dr. Hilborn told Saving Seafood. “Do we want to maximize the economic value of our fisheries? Do we want to maximize jobs? Do we want to maximize food production?”In his testimony, Dr. Hilborn praised U.S. fisheries policy that has “led to rebuilding of fish stocks and some of the most successful fisheries in the world.” He attributed this success to a variety of factors, including funding of NOAA, regionalizing fisheries management decisions, and requiring managers to follow science advice. As a result, overfishing should no longer be the top priority for fisheries managers, he testified.“The major threats to U.S. fish stock and marine ecosystem biodiversity are now ocean acidification, warming temperatures, degraded coastal habitats, exotic species, land based run off, and pollution,” Dr. Hilborn testified. “Overfishing remains a concern for a limited number of stocks but should not continue to be the most important concern for U.S. federal fisheries policy.”The hearing was the latest in a series examining reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act, the nation’s supreme fisheries law. It was organized by subcommittee chairman Sen. Dan Sullivan (R-AK), and focused on fisheries science.
Originally posted: Saving Seafood Inc.
Testimony of Ray Hilborn to U.S. Senate subcommittee
Testimony of Ray Hilborn to U.S. Senate subcommittee.
Professor has a message for Congress: Overfishing is over
Rob Hotakainen, E&E News reporterPublished: Monday, October 23, 2017Ray Hilborn. Photo credit: University of Washington
Fisheries scientist Ray Hilborn. University of Washington
To his detractors, fisheries professor Ray Hilborn is an "overfishing denier," a scientist who's all too eager to accept money from industry groups to pay for his pro-fishing research.To his backers, he's a hero, a respected researcher who can always be counted on to challenge environmental groups that want to limit fishing.Love him or hate him, there's little doubt that the outspoken Hilborn has attained an international profile and that he has found a way to win big-time attention in fishing circles.His next stop is Capitol Hill.Tomorrow, Hilborn, a professor of aquatic and fishery sciences at the University of Washington, will appear before a Senate Commerce, Science and Transportation panel, getting another chance to argue his case that overfishing is no longer a concern for the United States.He's one of four experts scheduled to testify before the Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard."What I'm going to say in my testimony is that overfishing is no longer the major threat to the sustainability of our oceans or biodiversity," Hilborn said in an interview. "My first line on Tuesday is going to be that we have really fixed our fisheries by having fisheries management follow science advice — and if you stop doing that, you're in trouble."Hilborn also said it's time to stop "vilifying" fishing."I wrote the book on overfishing, called 'Overfishing: What Everyone Needs to Know,' by Oxford University Press," Hilborn said. "You know, overfishing is a serious problem in many places. It's not a very serious problem in the United States now. It was 30 years ago. ... And the U.S. has responded, as has Europe. In most developed countries, fish stocks are increasing in abundance, they are not declining in abundance."The question of overfishing is a key focus for Congress as lawmakers consider making changes to the Magnuson-Stevens Fishery Conservation and Management Act, a law passed in 1976 that sets the rules for fishing in federal waters (E&E Daily, July 17).Backers and opponents alike credit the landmark law for improving the health of U.S. fish stocks, though many worry the Trump administration has moved too quickly to allow more fishing.Commerce Secretary Wilbur Ross, who oversees NOAA, heightened those concerns with two key decisions: In June, he extended the season for the Gulf red snapper by 39 days, and in July, he overturned a decision by the Atlantic States Marine Fisheries Commission that would have cut New Jersey's recreational quota for summer flounder, also known as fluke (Greenwire, Sept. 20).Critics fear Ross' decisions could lead to overfishing and jeopardize both fish stocks in the long run.Meanwhile, the president's fisheries chief, Chris Oliver, told a House Natural Resources panel last month that 91 percent of all fishing stocks assessed by NOAA are no longer subject to overfishing.Oliver, the head of NOAA Fisheries, told the Subcommittee on Water, Power and Oceans that the U.S. had "effectively ended overfishing," allowing "room for flexibility" in applying annual catch limits (E&E Daily, Sept. 27).Those are fighting words for many conservationists who worry the Trump team has already gone overboard in bowing to the demands of fishing groups."When they talk about flexibility, they're really talking about rollbacks," said John Hocevar, a marine biologist and ocean campaigns director for Greenpeace USA.An ideal spokesman?Hilborn has plenty of fans, but he has faced accusations of industry bias.Last year, he won the International Fisheries Science Prize at the World Fisheries Congress in Busan, South Korea, recognized for a 40-year-career of "highly diversified research" on behalf of global fisheries science and conservation."There aren't many fisheries scientists in the country who can match Ray Hilborn," said Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen's Associations. "He's the ideal spokesman for his field to educate Congress about how science informs fisheries management. Anyone who questions Ray's professional or scientific integrity doesn't understand how science works, at best."But a study by Greenpeace last year found that Hilborn accepted more than $3.55 million from 69 commercial fishing and seafood interests to pay for his research from 2003 to 2015."It seems like he uses his genuine scientific credentials to make himself more valuable to industry as a spokesperson," said Hocevar. "On climate denial, there are a bunch of those guys. But with fisheries, Hilborn is the guy. ... He's the go-to, and there's really no one else out there like him who will come out and talk about how we don't need marine protected areas and how the real problem is underfishing, not overfishing."Greenpeace gained access to University of Washington documents that showed Hilborn's long and extensive links to fishing, seafood and other corporate groups by filing a request under the state's public records law.After Greenpeace complained that Hilborn had not properly disclosed his affiliations in all his published papers, the university investigated the issue and concluded Hilborn had not violated any of its policies.But Hocevar said the issue is still relevant."He took millions of dollars from industry. ... And studies have shown that where you get your funding from does create bias in terms of findings," Hocevar said.Hilborn dismissed the criticism from Greenpeace."You know, they're hopeless fundamentally," he said. "They're basically a money-raising organization, and they have to scare people to raise money. They're not interested in science at all. ... Greenpeace has sort of put its cards on the table that fishing is a big deal, and they're not going to raise money if people don't believe that fishing is a threat."Schedule: The hearing is Tuesday, Oct. 24, at 2:30 p.m. in 253 Russell.Witnesses: Karl Haflinger, founder and president, Sea State Inc.; Ray Hilborn, professor, University of Washington School of Aquatic and Fishery Sciences; Michael Jones, professor, Michigan State University Quantitative Fisheries Center; and Larry McKinney, director, Texas A&M University Harte Research Institute for Gulf of Mexico Studies.
Originally published: E&E Daily
California NGO Drops Out of Stakeholder Process, Sues State Over Whale Entanglements in Crab Fishery
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Copyright © 2017 Seafoodnews.com
SEAFOODNEWS.COM [Seafood News] by Susan Chambers - October 4, 2017
"The Center for Biological Diversity's lawsuit is disappointing because it seems designed to divide rather than unite the very groups who are already committed and working hard to finding proactive solutions. This litigation may also end up diverting limited state resources away from developing practical solutions, safety and environmental enforcement at sea, and the sustainable management of our fisheries."
The Center says the lawsuit seeks common-sense reforms to the fishery such as restricting the amount of gear in whale hotspots like Monterey Bay and reducing the amount of rope running through the water.However, the lawsuit itself says the Center requests the court order the department to apply for an incidental take permit from the National Marine Fisheries Service -- a process that may or may not consider the efforts so far by the state and industry to decrease whale entanglements.“These tragic entanglements are happening in record-breaking numbers," attorney Kristine Mondsell said in the press release. "That’s why we’ve had to sue to force California officials to finally take their responsibilities seriously.” Yet CBD has not acknowleged that entanglements are down 81% in 2017.The leading effort in California is the Dungeness Crab Fishing Gear Working Group, comprising fishermen, state and federal agency representatives and conservation groups. The Center for Biological Diversity also was a member for awhile until it disagreed with other participants and dropped out. Other groups such as The Nature Conservancy and Oceana continue to work with the state and industry on methods to decrease entanglements."This news should not deter the Working Group from continuing to move forward in your collective efforts," CDFW Marine Region Manager Craig Shuman said in an email to the group's participants and other state officials Tuesday. "We are encouraged by the Working Group’s progress to develop a Risk Assessment and Mitigation Program (RAMP) and the steps that are being taken to test and evaluate the RAMP during the 2017-18 pilot."Fishermen are testing two electronic tools during the upcoming 2017-18 season, including eCatch, a phone/tablet-based application developed by The Nature Conservancy that logs fishing activity and GPS coordinates; and a solar logger device that passively collects fishing activity data. The industry and state also have updated a guide of best practices with methods designed to decrease whale entanglements; moved forward with a program to recover derelict gear; and participating in studies and training to minimize interactions.The Center's complaint relies on information to show that whale entanglements have increased in recent years. However, the Center does not point out that some whale populations have been increasing in recent years as well. Nor does it take into account changes in the crab fishery or gear distribution due to seasonal issues such as domoic acid. It also doesn't identify how fishermen have been instrumental in helping disentangle whales, such as the one off of Crescent City, Calif., earlier this year.
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California Acting Governor Gavin Newsom Requests Disaster Relief for Sardine, Urchin Fisheries
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Copyright © 2017 Seafoodnews.com
Sardine and sea urchin closures in California have prompted Acting Gov. Gavin Newsom to request fishery failure declarations for both.Newsom noted in his Sept. 5 letters to U.S. Secretary of Commerce Wilbur Ross that ocean conditions caused the closure for sardines and affected the kelp forest ecosystems on which red urchins depend.The California Wetfish Producers Association lauded Newsom’s request to Secretary of Commerce Wilbur Ross to approve a declaration of a commercial fishery failure for California’s Pacific sardine fishery. His action was precipitated by La Niña’s cold-water oceanic conditions that are believed to have caused sharply reduced sardine recruitment and the closure of this commercial fishery since 2015.“This declaration is very important as it will enable California’s historic sardine fishery and its participants to seek federal disaster relief to offset the economic harm fishermen and processors have suffered since the fishery closure,” California Wetfish Producers Association Executive Director Diane Pleschner-Steele said in a statement Tuesday.The Pacific sardine fishery has been managed under the federal Coastal Pelagic Species Fishery Management Plan (CPS FMP) since 2000. The CPS FMP established a harvest cutoff, prohibiting directed fishing if the sardine population falls below an estimated 150,000 metric tons. Due to low stock assessments, the fishery was closed in 2015 and 2016, and will remain closed in 2017 and possibly even 2018, although sardines have returned to abundance in the nearshore area, where fishing normally takes place.Certain thresholds have been established that help the National Marine Fisheries Service and Secretary of Commerce make a determination of whether a commercial fishery failure has occurred. One of these involves an analysis of the economic impact and states that revenue losses greater than 80 percent are presumed to be a commercial fishery failure. This is determined by comparing the loss of 12-month revenue to average annual revenue in the most recent five-year period.“This fishery is historically one of the top 10 highest valued commercial fisheries in California,” Newsom said in his letter regarding the iconic sardine fishery. “Statewide, the commercial closure in 2015 resulted in a total value of $343,148, which is 90 percent less than the 2010-14 average of $3,504,098. That dropped to $95,657 in 2016, which was 96 percent less than the 2011-15 average of $2,711,679.”The figures for the urchin fishery, particularly in northern California and Orange County, were dire as well."The impacts to the regions are evident in the fishery landings data," Newsom wrote. "In 2016, the northern California fishery ex-vessel revenue fell by 77 percent compared to the 5-year average from $2,587,419 to $604,440, Orange County ports fell by 93 percent from $85,382 to $6,045, and San Diego County ports fell by 48 percent from $574,526 to $297,594."Newsom's letter noted the initial estimates for both fisheries are based on the average ex-vessel value of commercial landings but do not account for additional impacts to seafood processors or related industry businesses that rely on the either or both fisheries.The sardine fishery is the foundation of California’s wetfish industry, which for decades has produced 80 percent or more of annual statewide commercial fishery landings, until recent years, the CWPA statement said. While fishermen and markets may harvest and process other species in the coastal pelagic species complex, sardines have been the historic mainstay of this industry, and the loss of fishing opportunity has created severe economic impact to both fishermen and processors.The urchin fishery has been a staple for small-boat fishermen throughout the state for a number of years -- until recently."Persistent warm ocean conditions that began in 2014 in northern California and 2015 in southern California has affected the fishery in these two regions," Newsom's letter said. "In northern California, the warm water event devastated kelp production (93 percent loss of surface kelp canopies compared to 2008 levels), a primary food source for urchins that created persistent starvation conditions. Starvation has led to reductions in the food value of the urchins targeted by the fishery in northern California.In addition, a population explosion of the less marketable purple sea urchin continues to overgraze the recovering kelp beds, adding further stress to the fishery. In southern California, urchin mortality increased in response to warm El Nino conditions and disease in 2015. This has reduced the numbers of healthy red sea urchins in southern California available to the fishery."The Governor’s request for federal declaration now opens the door for fishermen and processors in California’s fisheries to pursue a federal disaster declaration from the Secretary of Commerce and appeal to California’s congressional delegation to pursue legislation allocating funding for disaster relief. Such funds would help alleviate the economic and social harm suffered as a result of these disasters.Funds could also be used for cooperative research projects, Pleschner-Steele said, such as the collaborative aerial survey of the nearshore area that CWPA participates in with the California Department of Fish and Wildlife in efforts to improve the accuracy of stock assessments.
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