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August 28, 2013

Fisherman Prosecuted for Illegal Tuna Sale

Photo courtesy of wptv.com

Chalk one up for the good guys and for fishermen who just can’t help showing off.

Two Florida men who tried to illegally sell a 700-pound giant bluefin tuna were caught and fined a total of $27,500 by NOAA Fisheries.

They probably never would have been caught if pictures of the catch had not been posted on social media websites.

When word got out about the catch, law enforcement officers with the Florida Fish and Wildlife Conservation Commission took notice.

The tuna ended up being confiscated and NOAA Fisheries agents were brought in on the case because giant bluefins are a federally managed species and federal penalties can be much greater than those levied by the state agency.

A Notice of Violation and Assessment of Administrative Penalty, more commonly known as a NOVA, was sent to David Fidel, of Boynton Beach, who was fined $12,500 for violating the federal Magnuson-Stevens Fishery Conservation and Management Act.

“Specifically, on or about June 3, 2013, [Fidel] transferred a giant Atlantic Bluefin tuna landed on board his vessel to a person that did not have a valid dealer permit issued under [Magnuson-Stevens Act regulations] for commercial purposes.

“Moreover, when the giant Atlantic Bluefin tuna was landed aboard [Fidel’s] vessel, [Fidel] had an Atlantic Highly Migratory Species Angling Permit, which precludes the sale or transfer of recreationally caught Atlantic Bluefin tuna for commercial purposes.”

The person to whom Fidel transferred the tuna was Mikylo Senkowicz, of Boynton Beach, who received a NOVA for $15,000 for his Magnuson-Stevens Act violation.

“Specifically, on or about June 3, 2013, [Senkowicz] received a giant Atlantic Bluefin tuna for the purposes of selling said tuna that was landed by the owner of a vessel that was not permitted to sell the tuna.”

According the NOVAs issued to the two men, law enforcement officers seized $2,260 “from the sale of one Atlantic Bluefin tuna.”

So, essentially, Fidel was fined for trying to sell a tuna he wasn’t allowed to sell and for giving it to a dealer who wasn’t authorized to sell it. Senkowicz was fined for taking a tuna to sell from someone who wasn’t allowed to sell it.

The NOVAs state that the violators can ask to have the amount of their penalties modified if they don’t have the ability to pay them. They have 30 days to respond to the NOVAs, during which time they can ask to have the penalties reduced, accept the penalties or request a hearing before an administrative law judge to contest the violations and penalties.

The tuna was caught on Fidel’s boat while daytime swordfishing. That has become a popular pastime in South Florida and the Florida Keys. Anglers typically use electric fishing reels to put baits such as squid and dolphin bellies on the bottom in 1,500-1,800 feet to catch swordfish.

Those anglers occasionally catch sharks and some deep-dwelling bottom species. This was the first giant bluefin tuna heard of being caught while daytiming, but then again, others may have caught bluefins and kept the fish stories to themselves.

 

More Information:

Bluefin Tuna Regulations

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The Colorado River Just Entered a New Paradigm, and It Could Mean Less Water for Sportsmen

Lake Powell as seen in 2013. National Geographic has an interactive graphic where you can compare this with Lake Powell in 1999 and see what it looks like when the second largest reservoir on the Colorado River drops to less than half full. Photo courtesy of NASA Earth Observatory.

Did the Bureau of Reclamation just announce that the first domino had toppled toward water shortages in the southwestern United States? Here’s the seemingly innocuous language only a water engineer could love:

“[I]f the August 24-Month study projects the January 1, 2014, Lake Powell elevation to be less than 3,575.0 feet and at or above 3,525.0 feet and the Lake Mead elevation to be at or above 1,025.0 feet…the water year release volume from Lake Powell will be 7.48 [million acre-feet (maf)]. This August 2013 24-Month study projects that…the January 1, 2014, Lake Powell elevation [will] be 3,573.69 feet and the Lake Mead elevation [will] be 1,107.39 feet. Therefore…the Lake Powell operational tier for water year 2014 is the Mid-Elevation Release Tier with an annual release volume of 7.48 maf.” – August 24-Month Study (emphasis added)

Let’s back up a moment before answering that.

Sitting at either end of the Grand Canyon, Lake Powell and Lake Mead are the two primary storage reservoirs on the Colorado River. Lake Powell, the upstream reservoir, sits on the border between Arizona and Utah. Lake Mead is in the southeastern corner of Nevada about 35 miles east of Las Vegas and supplies water to Arizona, Nevada and California. The Bureau of Reclamation, which operates both reservoirs, tries to equalize the amount of water in each reservoir to maximize their combined storage capacity. However, this goal becomes difficult to achieve when there simply isn’t much water in the river, which is the case right now.

The southwestern United States is suffering through an extreme drought. The last 14 years have been the driest period in the last 100 years. Both Lake Powell and Lake Mead are less than half full. The elevation of water in Lake Mead is 120 feet below its maximum, leading to the infamous “bathtub ring”.

Receding water levels in Lake Mead reveal a white ring around the reservoir – known as the “bathtub ring” – indicating how high the water used to be. Currently, Lake Mead is about 120 feet below its maximum fill height. Photo courtesy of Wikipedia user Waycool27.

Fortunately, the seven states in the Colorado River Basin – Wyoming, Colorado, New Mexico, Utah, Arizona, Nevada and California – and the Bureau of Reclamation saw this coming. They came together in the early 2000s to reach an agreement for how to share the pain during times when water is scarce. Their agreement is known as the 2007 Interim Guidelines. Among other things, it specifies how much water Reclamation will send from Lake Powell to Lake Mead based on the water levels in each reservoir. Historically, this amount is 8.23 million acre-feet.

However, when the water level in Lake Powell gets low enough, Reclamation will send less water downstream. This month – for the first time ever – Lake Powell crossed that threshold.

So in 2014 Reclamation will release 7.48 million acre-feet of water to Lake Mead, a decrease of 750,000 acre-feet from the historical amount and the lowest amount ever released since Lake Powell filled in the 1960s. This doesn’t mean that 6 million fewer people in Arizona, Nevada and California will get water next year. (An acre-foot of water is approximately as much water as two families of four will use in a year.) It does mean there is about a 50 percent chance these states will get less water from the Colorado River by 2016. (Circle of Blue has a good description of how this supply reduction will likely play out in practice.)

What Reclamation’s announcement makes clear is that we have entered a new paradigm in the Colorado River: Water shortages, which never have occurred before on the river, are not something that may happen sometime in the distant future – they are on the doorstep. Population growth and climate change will put more demands on the river and make droughts more frequent and more severe, ensuring that managing water in the face of shortage will only get harder from here.

The Colorado River Basin states and Reclamation are making decisions now about how to live in this new paradigm. There are ways they can keep the southwestern United States vibrant for the next 50 years, but if sportsmen don’t engage in those decisions, making their preference for strong habitat and species protections known, water for fish and wildlife could be the first to go. That’s why the TRCP is working to conserve and improve water resources management for hunting and fishing areas. Sign up to become part of this effort. (Bob Marshall at Field & Stream makes an impassioned case for why sportsmen need to get engaged.)

The goal for sportsmen should be to keep Reclamation’s announcement from becoming the first domino toppling toward a tragic, inevitable conclusion. Rather, we should take it as a call to action to ensure the Colorado River – and other critical waterways – is managed for the 21st century and beyond.

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August 27, 2013

BLM Gets Earful on Fracking Proposal


The government is hearing comments ranging all the way from don’t allow hydraulic fracturing at all on federal lands, to don’t pass new rules regulating it on such lands, as it considers a proposal to do the latter.

A public comment period ended Friday on a Bureau of Land Management proposal to update drilling rules on federal lands to reflect the widespread use of modern fracking techniques in oil and gas development.

Food & Water Watch estimates that more than 1 million comments have been submitted to the White House and BLM “urging them to protect public lands from fracking.” It said a coalition of 276 environmental and consumer organizations including itself, Americans Against Fracking and 350.org have delivered President Barack Obama and the BLM nearly 650,000 public comments asking the government to outright ban fracking on such lands.

Read the full story on GJ Sentinel.com.

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Bad Comparisons: Economic Value of Recreational vs. Commercial Fishing

Have you heard this one lately? “Recs just play with their food.” This has been a common misconception put out there by some who simply wanted more from any allocation of the resource between the recreational and commercial user groups. The idea was to make sure that those making the allocation decisions looked at the recreational user as simply someone who was having fun, but creating nothing. On the other hand, the image of the commercial user was someone who was feeding a hungry nation and by doing so, created jobs and economic activity. Unfortunately, as wrong as the image is, it has had some real traction since day one. How is that possible? Let’s look at several factors.

Most importantly, the overall economic statistics show a completely different picture. These may vary from region to region and fishery to fishery, but lets look at the numbers in aggregate. Recreational anglers comprise about 97% of the resource users and take about 3% of the resource. However, from that 3% they generate substantially more economic activity than the 3% of commercial users do from the 97% of the resource. Given those numbers it is amazing that every single allocation decision does not go to the recreational user. But they don’t because “recs just paly with their food”. But that message has not seen a lot of promotion.

Saltwater sport fishing makes up a substantial portion of the overall numbers. In 2011, about 9 million salt water anglers fished for almost 100 million days. This activity generated about $13.5 billion in retail sales, over $32 billion in economic activity, about $10 billion in wages, and almost 250,000 jobs. While we are not a big fan of taxes, when they are used to enhance the activity that pays them, they are beneficial. Marine anglers generated $2.3 billion in federal tax revenue and almost another $2 billion to the states. Wow! If the sport fishing industry were a single business, it would be ranked 51st on the Fortune 500 ™ list. If that is the benefit of “a bunch of guys playing with their food,” bring it on.

The economic activity generated by sport fishing does not just benefit the manufacturers of tackle, marine electronics, boats, and motors. It supports many rural communities along our coasts. Fishing is part of their heritage. More than most, they understand the need to maintain healthy ecosystems and sustainable resources. Those two things have formed their history and will maintain their future.

Sport fishing participants love to catch fish both for fun and for a healthy source of protein. They also understand the need to protect and enhance the environments that support fish. They realize that no fish means no fishing.

Anglers contribute to the funding of our nation’s fisheries conservation and environmental improvement in a number of ways. This past year, 2012, marked the 75th anniversary of a conservation funding system that is envied throughout the world. The Sport Fish Restoration and Boating Trust Fund in 2010 generated $390 million from excise tax on fishing tackle and from the transfer of boat fuel tax back to the trust fund. This money is apportioned back to states by a formula based on metrics of fishing activity. License sales in 2010 also generated $657 million used by states to operate their fish and wildlife agencies. Beyond all of that, anglers annually donate over $400 million to a variety of conservation and fishing organizations. That is an impressive tally and one of the reasons that the US has maintained generally robust fish populations and quality habitat.

Okay so the participation and economics should be a slam dunk. There is still the issue of how recreational users are compared to the commercial user. It is an unfair comparison that the recreational user will lose every time. The angler is the end user on the recreational side. They are compared to the commercial user who is one rung up the ladder. The commercial user employs people and sells a product, albeit a product that is given to them. Never is the recreational user compared to the person who walks into the supermarket to buy seafood, but that would be the correct comparison. Conversely, never is the commercial user compared to the tackle shop owner or marina owner, but that is the correct comparison. Those folks employ people and produce a product or service. They are the engine that helps generate the socio-economic benefits from the recreational use of fisheries resources.

This image has to be changed if the recreational industry wants to get its fair share in the allocation battles. So when you hear someone saying, “recs just play with their food.” You can say that recreational users are the ones who pay to play and thereby support the economy and the resource.

Make sure that your Congressional delegation and fisheries managers understand this value!

For more information:

NOAA Report—Fisheries Economics of the United States 2009

Understanding the Potential Economic Impact of Marine Recreational Fishing: California

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August 26, 2013

We Can Restore River Herring!

But the Mid Atlantic Council and NOAA Fisheries need to step up

River Herring traverse a fish ladder

 

If you’ve been lucky enough to be there when river herring (bluebacks or alewives) clash with striped bass you know why we call them, “striper candy”.   It’s a big bait that attracts big fish, and makes them act really stupid.  Of course not only striped bass, but bluefin, yellowfin, cod, bluefish, weakfish and dozens of other predators go nuts over river herring…  At least they used to.

Unfortunately, river herring numbers have declined precipitously.  While in 2006 NOAA Fisheries listed them as a “Species of Concern”, a 2012 stock assessment recently confirmed river herring are in dire straits.  Alewife and bluebacks are anadromous species – spending most of their lives at sea, then ascending unique rivers to spawn.  Out of 24 assessed river runs 92% were determined to be badly depleted. A number of runs have dwindled so far that fewer than 100 adults return each spring to spawn.  Last year, the National Resources Defense Council submitted a petition to list river herring under the Endangered Species Act, and while NOAA did a full review, they recently issued a statement declining to list, not because they didn’t believe river herring were in trouble, but because they just didn’t have enough data to support it.  Which I still don’t understand given the ASMFC assessment and the well-known fact that these fish spend most of their lives at sea.  But moving on….

The cause of the decline is heavily debated.  There are still those who want to blame a resurgence “ravenous” striped bass, which frankly is silly given the two species’ historical abundance and coexistence, and, well, there aren’t really that many stripers around anymore anyway.  No one really argues that pollution and impediments to upriver migrations haven’t played a large part in the decline.  Yet despite greatly improving water quality, dam removal, fish passages, and other efforts to restore habitat, not to mention state-imposed moratoria, river herring numbers, at least in the Mid-Atlantic, continue to tank.  (Note:   there are indeed some runs in New England that appear to be recovering, more on this later).

River herring are managed inshore by the Atlantic States Marine Fisheries Commission (ASMFC).  That body has required most state fisheries to shut down; a few continue, subject to very small quotas, under state sustainable management plans.   Yet, at sea, industrial fisheries for sea herring and mackerel are still allowed to kill unlimited amounts of river herring, usually taken as bycatch, and most of that is simply unaccounted for.  The building consensus is that a lot, perhaps most, of the mortality is happening at sea.

River herring’s demise has been concurrent with the proliferation of mid-water small-mesh-net trawlers.  Since the late ‘70s, there has been a significant motivation for US fishermen to capitalize on fisheries for such low-trophic level species, in the form of federal subsidies among other things.   As a result, such fisheries grew in size and scope in a relatively short amount of time.

Operating mostly out of New England ports, such trawlers are quite large, with holds that can store over 1 million pounds of fish.  They employ an array of electronics to pinpoint and scoop up entire schools by dragging nets the size of a football field with mesh so small little escapes.  Apparently, one tow can put 50 tons of fish in the hold.  It’s not unreasonable to speculate that a single tow, in the wrong place at the wrong time, could wipe out an entire river’s run, particularly if it’s already depleted.

So, incidental catch is likely a big factor in river herring’s depletion and failure to recover.   There is some data to back this assertion up, but not enough to be definitive, and therein lies the problem.   Observer coverage of the small-mesh-net fleet is very low.  Such observers, 3rd party contractors that sample and observe catch at sea so as to evaluate the composition of a fishery, are vital if managers are to know what goes on on those boats.

Both the Mid Atlantic and New England Councils, to their credit, sought to address this in their Mackerel, Squid, Butterfish and Sea Herring Fishery Management Plans (FMPs) respectively.  Last year, despite significant pushback from the industry, the Councils voted to recommend that NOAA Fisheries impose 100% at-sea observer coverage on industrial herring and mackerel trawlers, having industry share the cost with NOAA.

A few weeks ago, however, NOAA Fisheries disapproved the 100-percent observer coverage requirement, rationalizing the decision by claiming the agency had not yet developed a legal way share observer coverage costs.  What’s incredibly odd about this is that NOAA fisheries is already doing such observer cost-sharing in Alaska.  Upon further clarification, it appears that there is a mechanism for doing this in Alaska that was, many years ago, written into the Magnuson Stevenson Act, but only for Alaska?  Frankly, I don’t really understand it.  Public/private cost-sharing partnerships are pretty common as far as I know.  But I don’t venture to understand the complicated workings of such federal bureaucracies.   Regardless, even if they could implement a cost sharing program, the agency claimed it didn’t have the funds even for their part of the additional observer coverage.  Honestly, while it certainly isn’t a popular opinion in some circles, I believe that if any industry is granted the privilege of utilizing such large-scale gear to harvest a public resource in such large volumes for profit, then they absolutely should be required to fully fund whatever monitoring is necessary to insure that what they are doing is sustainable, not just in a maximum-sustainable-yield context, but an ecosystem context as well.  But moving on…

 

herr-fs-by-the-numbers-lw

 

NOAA fisheries also rejected a requirement that all catch brought to shore in the fishery be weighed, and a limit on “slippage” events where bycatch is dumped at sea before it can be counted.  The latter is important, because NOAA Fisheries did uphold the Mid Atlantic Council’s requirement for an annual catch limit/cap for river herring and shad in the mackerel fishery, beginning in 2014.  In other words the mackerel fishery would close if it’s determined that such a cap is met or exceeded.  Yet the fact that large tows dominated by river herring can be dumped overboard dead before anyone can determine what was killed, seriously diminishes the enforceability of such catch cap.  Not to mention, without a significant number of observers for the fleet, it’s pretty difficult to determine if that catch cap is met even without slippage events.

So where does all this leave us?  Unfortunately not in a really good place.   And it’s more than a little frustrating.  The Councils worked hard on both amendments for years.  The provisions were fully vetted by the Councils and included carefully considered compromises.  In the end they had broad public support.  Really, we all thought we had the monitoring/accountability problem solved.  NOAA fisheries says they will work with the Councils to develop a solution to the monitoring issue, but I’m not holding my breath.  Even if they did figure out a legal way to cost share with the industry, if the money for observers isn’t there, it’s not there.

But there is hope.  The Mid Atlantic Council is currently developing an amendment that could add river herring and shad as directly managed “stocks in a fishery” (SIF) to their Mackerel, Squid and Butterfish FMP.  Doing so would force NOAA Fisheries to manage and conserve river herring when they are at sea, through the adoption of measures such as Annual Catch Limits, identifying Essential Fish Habitat, and establishing joint management plans in conjunction with bodies such as the New England Fishery Management Council and/or the ASMFC.  Whether it moves forward, however, is indeed in question as certainly there is opposition.  Making river herring a stock in the fishery (SIF) would require resources, and NOAA Fisheries is already indicating a reluctance to take this on.   But there’s a legal mandate here.  Federal FMPs must describe the species involved in a fishery, and NMFS and the Councils are required to manage those stocks in need of conservation and management.

That said, there will likely be those who will argue that river herring are not in need of conservation management in federal waters, or that we just don’t know enough about the status of the overall stock to proceed.  I think that’s BS!  We do know that 92% of the individual river runs are in bad shape.  Given all the recent evidence of the species’ decline and the building body of science indicating mortality at sea, I don’t know how that argument could fly.  NOAA Fisheries appears to support the catch cap, so that in itself would tell us that they do believe river herring are in need of such conservation and management.  Some will argue that the catch-cap is enough, but as mentioned, without observers it is virtually unenforceable.

There will also be those folks who argue that river herring simply don’t need federal management because they are already managed in state waters.  That is complete BS also.  It seems pretty darn obvious at this point that they are falling through the cracks in federal waters where they spend most of their lives, and where the bulk of the fishing mortality is probably occurring.  Again, NOAA Fisheries did support the annual river herring catch cap we passed a couple of meetings ago, so I think it would be strange for them to say they don’t need federal management.

There are those who argue that in-state/in-river barriers to migration are the cause of the problem, and the populations won’t come back no matter what we do in the ocean. That may be true to some extent, assuming such barriers weren’t being removed or mitigated across the coast.  Regardless, what SIF designation would do is enable NOAA Fisheries and the Council to identify Essential Fish Habitat (EFH) inshore.  When state and federal projects require federal licenses (energy projects, dams, etc.) those agencies would have to consult with NOAA Fisheries, which could stop or require mitigation of potentially habitat-damaging projects.  That would indeed be a good thing.

Lastly, industry has been arguing that volunteer bycatch avoidance projects are and will be sufficient.  Certainly industry should be commended for such efforts, and they may be working to some extent.  However, they are strictly volunteer, and managers should acknowledge that they are not a substitute for binding federal action to reduce river herring bycatch.

There is evidence that river herring can come back if given the opportunity.  There have been recent reports of recovering runs in New England as dams and other impediments to upriver migration patterns are removed.  There are those who argue that such recovering runs are evidence that river herring are not in trouble and that as long as we deal with inshore habitat issues they will come back.  But such anecdotal reports of a recovery are generally restricted to some very specific areas up north, and there’s some speculation that herring from such northern regions don’t spend their lives at sea in the areas small-mesh-net trawlers frequent.  And such recoveries are not happening in the Mid Atlantic’s rivers.  Regardless of whether the above is true, what the recovery of such local runs shows me is that they can recover.  We should be trying to facilitate that recovery, not allowing large bycatch events to set them back again.

As we move forward with the stocks-in-a-fishery amendment, we should acknowledge and stress that we can rebuild this culturally and economically important fish that has historically been a critical part of the marine food chain.  And that we can, at least to some extent, control mortality both inshore and offshore.  A stocks-in-the-fishery designation would give us the tools to do that.   It won’t be easy for NOAA Fisheries, or Council staff, to make it happen, but it’s their/our obligation.  This is not entirely new ground.  Such stocks-in-a-fishery management models do exist (e.g. salmon in the Pacific Northwest).  I would really like to hear more from NOAA Fisheries about how we can do it, instead of reasons why we can’t.

The public has made it more than clear that they want us to restore river herring, and as a key part of the problem becomes clear (bycatch mortality in the sea-herring and mackerel fisheries) the public has put it in no uncertain terms that they want it addressed.  States have invested and continue to invest resources while imposing draconian fishing restrictions including moratoria.  The Council and NOAA Fisheries have an obligation to their part in federal waters to make sure those efforts aren’t in vain.

If we can restore river herring runs to the Mid Atlantic, in my lifetime, that would be huge, and I think that we can.  The Mid Atlantic Council leads.  We have successfully rebuilt or are rebuilding every species under our jurisdiction.  No other Council can make that claim.  Making river herring and shad a stock in one of our FMPs would allow us to do the same with alewives and blueback.  And those once epic river herring bass-blitzes will once again come back.  We can successfully restore these historical and culturally important species and we will!

What we need now is the strong support of the public, particularly anglers, as we move forward.  Stay tuned, and we’ll let you know when and how you can provide such support.

HOW YOU CAN HELP

CHEERS TO CONSERVATION

Theodore Roosevelt’s experiences hunting and fishing certainly fueled his passion for conservation, but it seems that a passion for coffee may have powered his mornings. In fact, Roosevelt’s son once said that his father’s coffee cup was “more in the nature of a bathtub.” TRCP has partnered with Afuera Coffee Co. to bring together his two loves: a strong morning brew and a dedication to conservation. With your purchase, you’ll not only enjoy waking up to the rich aroma of this bolder roast—you’ll be supporting the important work of preserving hunting and fishing opportunities for all.

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