Showing posts with label BiOp. Show all posts
Showing posts with label BiOp. Show all posts

Thursday, October 3, 2024

Potential victory for the troll fishery

The federal government has released documents that could put an end to the Wild Fish Conservancy's lawsuit challenging the Southeast Alaska salmon troll fishery.

Here's an Alaska Department of Fish and Game press release that explains further.

Wednesday, April 2, 2014

Groundfish industry gets good news on Stellers

A new biological opinion supports a partial rollback of controversial commercial fishing restrictions imposed in 2011 to protect endangered Steller sea lions in the Aleutians.

That's the upshot of this announcement today from the National Marine Fisheries Service.

Tuesday, September 25, 2012

Dear Jane

Last month, three independent experts sharply criticized a federal "biological opinion" on the Steller sea lion.

The National Marine Fisheries Service had used the controversial BiOp as the basis for restricting commercial catches in the western and central Aleutians. The intent is to leave more cod and other fish in the water for the endangered Stellers to eat.

The question now is whether the expert reviews will carry any weight in two ongoing forums on the Steller issue.

One forum is the federal courts, where the state and commercial fishing groups are suing in an effort to overturn what they regard as scientifically unsupported fishery restrictions.

The other forum is the federal bureaucracy, as NMFS prepares an environmental impact statement. A judge in January faulted the agency for not doing an EIS prior to imposing the fishing restrictions.

With that as background, here's an interesting letter the Freezer Longline Coalition recently sent to Jane Lubchenco, the Obama administration official who oversees NMFS. The Seattle-based group is among those suing the government, naming Lubchenco herself as a defendant.

In its letter, the group "respectfully" asks Lubchenco to notify the courts of the "new, important, and compelling information" in the expert reviews. It also asks her to "withdraw the BiOp."

Tuesday, September 11, 2012

Steller opportunity for a congressional hearing?

Alaska Sen. Mark Begich, chairman of the Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard, has gotten wind of those independent experts questioning the basis for closing fisheries in the Aleutians to protect Steller sea lions.

Now he wants answers from the National Marine Fisheries Service.

Read the senator's take here.

Thursday, September 6, 2012

Independent experts rip Steller sea lion BiOp

A panel of independent experts is quite critical of the federal government's "biological opinion" that commercial fishing jeopardized endangered Steller sea lions in the Aleutian chain.

The National Marine Fisheries Service, if you'll recall, has imposed costly fishing closures in the region, an action that triggered state and industry lawsuits against the government.

Here are links to the expert reviews of the BiOp:

W.D. Bowen
Brent S. Stewart
Kevin Stokes

Tuesday, December 14, 2010

State sues NMFS over planned sea lion closures

Alaska Gov. Sean Parnell has made a habit of suing the federal government. Now he's suing again.

Here's the press release:

Dec. 14, 2010

State sues to overturn NMFS decision on western Steller sea lions

ANCHORAGE — The state of Alaska today filed suit in the U.S. District Court for Alaska against the National Marine Fisheries Service over the agency's decision to significantly curtail fishing in the western Aleutian Islands out of concern for Steller sea lions.

The state argues that NMFS failed to make "a rational connection" between the facts it found and the conclusions it reached, given that western Steller sea lions had an average annual population growth between 1 and 1.5 percent between 2000 and 2008, and now number more than 70,000.

"The agency's conclusion that additional fishing restrictions are necessary is not supported by the best available scientific information," Gov. Parnell said. "The drastic measures proposed by NMFS are simply not necessary given the overall health of the Steller sea lion population. This decision will have immediate and significant impacts on local communities and fishermen in the area."

As many as 900 people are employed by fishing fleets in the area facing restrictions. NMFS acknowledges that implementation of its decision would cost fishery losses of up to $66 million annually.

State officials also believe the federal agency committed numerous procedural violations, which had the effect of limiting the opportunity for public and expert comments.

"The state submitted extensive comments on both the process and the foundational science used to reach this decision," said acting Fish and Game Commissioner Cora Campbell. "We are extremely disappointed that NMFS did not adequately consider these concerns and did not more fully incorporate the recommendations of the North Pacific Fishery Management Council in its action. We are also very disturbed about the lack of meaningful public process."

A copy of the complaint is available here.

Wednesday, December 8, 2010

NMFS stands firm on fishery closures in Aleutians

The National Marine Fisheries Service is sticking to its guns on a range of fishery restrictions beginning next year in the Aleutians to conserve prey for endangered Steller sea lions.

Here's a press release with a helpful map at the bottom.

The news had industry players grumbling today at the North Pacific Fishery Management Council meeting in Anchorage. The speculation is that fishing companies, and perhaps the state of Alaska, will sue the feds over what some consider questionable closures of productive cod and Atka mackerel fishing grounds.

Others, however, applauded NMFS.

"By providing more food for sea lions in the western Aleutians, these measures should help stem the continued decline there," Oceana said in this press release.

Thursday, September 2, 2010

Gov. Parnell: Let's delist eastern stock of Stellers

This just in from Gov. Sean Parnell:

Sept. 2, 2010

State petitions to delist eastern sea lion stock, raps new BiOp

ANCHORAGE — The state of Alaska this week petitioned the federal government to remove the eastern distinct population segment of Steller sea lions from the list of species protected by the Endangered Species Act. The state coordinated its filing with Oregon and Washington, which also filed a similar petition this week.

The National Marine Fisheries Service has divided Steller sea lions into two "distinct population segments," a western DPS and an eastern DPS. The western DPS is listed as endangered; the eastern DPS is currently listed as threatened.

The eastern DPS has surpassed the recovery objectives set by NMFS and the threats facing the sea lions have been addressed, meriting their removal from the list of threatened species.

"We're working on multiple fronts to ensure that commercial fishing and other important economic activities are not blocked by unwarranted ESA regulations," Gov. Sean Parnell said. "Removing a recovered species from the list reduces needless bureaucracy and litigation risks."

The state of Alaska also submitted comments on the recent NMFS draft biological opinion, or BiOp, and the associated environmental assessment on the impact of federal groundfish fisheries on the health of the western DPS. Despite significant scientific uncertainty and an increasing population trend, the draft opinion concludes that commercial fisheries are inhibiting the recovery of two of seven subpopulations of the western DPS and calls for substantial curtailment of commercial fisheries in the western Aleutian Islands.

"The agency's conclusion that additional fishing restrictions are necessary is not supported by the best available scientific information," said Attorney General Dan Sullivan. "The drastic measures proposed by NMFS are simply not necessary given the overall health of the western DPS."

NMFS has 90 days to decide whether the delisting petition presents enough scientific or commercial evidence of recovery that removal of the eastern DPS may be warranted. With regard to the western DPS, the comments NMFS receives, including the state's, will inform the agency's decision on what, if any, new restrictions it may impose on commercial fisheries.

A copy of the delisting petition and the state's comments on the BiOp are available here.

Tuesday, August 24, 2010

NMFS extends public comment on sea lion BiOp

If you've got something to say about the government's new "biological opinion" on commercial fishing and the endangered Steller sea lion, you now have an extra week to weigh in.

Here's the press release.

Friday, August 20, 2010

Council to NMFS: Please back off sea lion closures

Here's the motion the North Pacific Fishery Management Council passed today on the Steller sea lion issue.

It's basically an industry-inspired plea to the National Marine Fisheries Service to scale back its plan to close waters in the western Aleutian chain to reserve more fish for the endangered Stellers.

NMFS officials said they'll work with the council recommendation.

We'll see what that means in early October, when the agency will present its final plan to the council.

Thursday, August 19, 2010

A lingering 'tone of advocacy'

A panel of university and government scientists has issued this report on the federal government's new "biological opinion" on commercial fishing and the endangered western stock of Steller sea lions.

The Scientific and Statistical Committee, or SSC, reports to the North Pacific Fishery Management Council, which is meeting in Anchorage this week to review the BiOp.

The BiOp concluded that fisheries in the western Aleutian Islands are likely to jeopardize the sea lion. To avoid jeopardy, the National Marine Fisheries Service is proposing closures and other restrictions that could cost the fishing industry millions of dollars.

Here's a summary paragraph from the SSC report:

"Overall, this BiOp much improved from earlier ones. Previously, the SSC has commented on lack of balance and tone of advocacy. The current document has a more balanced, neutral presentation of the scientific information in the background chapters although the conclusion chapter has retained some tone of advocacy, stating as fact some conclusions that still have a great deal of uncertainty about them."

Wednesday, August 18, 2010

So who besides sea lions eats Atka mackerel?

Deckboss spent a couple of hours yesterday hanging around the North Pacific Fishery Management Council proceedings in downtown Anchorage.

Here are a few scribbles from my notebook:

• The fishing industry rolled out an alternative to the suite of proposed Aleutian Islands closures the National Marine Fisheries Service says is necessary to protect endangered Steller sea lions. The industry aims to scale back the closures, and is hoping NMFS will go along. For example, in management area 543 way out at the western end of the Aleutian chain, the industry proposal would allow some commercial harvest of cod and Atka mackerel, whereas the government would simply shut down those fisheries.

• You might ask, what is an Atka mackerel? Most likely, you haven't seen it on a restaurant menu unless you dine in Japan, where basically all of the Alaska catch is exported. As you can see from the picture, the Atka mackerel is quite colorful. A handful of bottom trawlers catch the fish, generally available only along the Aleutian chain, which happens to include an island called Atka. One trawler told me this is how Atka mackerel is prepared in Japan: They're split, dried, salted, broiled and then served as an entrĂ©e. The fish is low value, worth only pennies a pound to harvesters, with a rather gray and fishy flesh the Japanese palate enjoys. Of course, sea lions like Atka mackerel, too, which is why the government wants to curtail mackerel fishing in hopes this might help stem the Steller decline in the western Aleutians. A representative of the Atka mackerel fleet says the sea lion closures would chop each boat's gross revenue by 20 percent.

• The fishing restrictions have one famous Seattle-based seafood purveyor, Ivar's, seriously worried. In a letter to the council, Ivar's President Bob Donegan says diners will suffer if one of his major fish suppliers, a factory trawler named the Katie Ann, is no longer able to catch the large western Aleutian cod the restaurant chain prefers.

• Don't look for the council to make any grand statement at this meeting about whether it agrees or disagrees with the restrictions NMFS is proposing. Rather, the council is likely to respectfully ask NMFS to make some changes to help the industry, which says some boats could go out of business due to the closures. NMFS is scheduled to present its final set of sea lion restrictions in October after considering council and public input.

• A really big fish from the political world, U.S. Sen. Lisa Murkowski, is scheduled to make a campaign, uh, policy appearance before the council at 1:30 p.m. Thursday. Sorry, Deckboss couldn't resist a little quip there, as he just hates elections. Anyway, the Alaska Republican is expected to deliver a rather important point: That the federal government seems to be rushing the sea lion restrictions into place. It was only on Aug. 2 that NMFS unveiled its intense, 836-page "biological opinion" of the impacts of commercial fishing on the Stellers, and the agency seems intent on implementing the closures early next year.

• Of course, council action will be suspended this afternoon so people can attend the memorial service for Sen. Ted Stevens.

Wednesday, August 4, 2010

NMFS pledges independent review of BiOp

Here's a National Marine Fisheries Service white paper that was posted briefly on the agency's website Monday and then removed.

Deckboss spoke with Jim Balsiger, head of NMFS for Alaska, who explained the document was a rough draft that was posted inadvertently.

Anyway, he said the gist of the paper is true: NMFS will subject its new Steller sea lion biological opinion to an "independent scientific review" via the Miami-based Center for Independent Experts.

This is good news for the commercial fishing industry, which faces big losses due to planned closures along the Aleutian chain. The BiOp calls for these fishing closures to protect food supplies for the endangered sea lions.

According to the white paper, NMFS might develop a new BiOp depending on the outcome of the independent review.

The fishing industry, of course, sees lots of other potential culprits in the decline of Steller sea lions, such as voracious killer whales and environmental shifts.

Monday, August 2, 2010

Steller impact greatest in western Aleutians

Below is the meat of a press release the National Marine Fisheries Service issued today along with its Steller sea lion biological opinion.

And here's a handy map for reference.

The greatest concern is in fishery management area 543, in the western Aleutians. From 2000-2008, adult numbers declined 45% in this sub-region. Pup production declined 43%, making the ratio of pups to adult females on rookeries in this sub-region the lowest in the entire western Steller sea lion population. This continued low birth rate is an indicator of nutritional stress, or lack of food.

"We need to mitigate the potential for competition for food in areas where sea lion numbers are declining," said Jim Balsiger, regional administrator for NOAA Fisheries, Alaska Region.

A definitive cause for the decline of sea lions has not been identified, and it is likely that other factors are important in understanding the lack of recovery, Balsiger said. "Even though factors other than fishing also affect the sea lion population, under the Endangered Species Act we are required to ensure that the actions our agency takes to authorize fisheries do not jeopardize these endangered animals."

NOAA Fisheries has included a Reasonable and Prudent Alternative (RPA) in the draft biological opinion that would modify groundfish management in the Aleutian Islands to limit competition between commercial fishing for groundfish and the sea lions. The RPA provides a proposed approach to avoid jeopardizing the western population of Steller sea lions and impacts to designated critical habitat (0-20 nautical miles from rookeries and haulouts). Because Atka mackerel and Pacific cod are the two most prominent species in the Steller sea lion diet in this region, the alternative calls for the closure of the Atka mackerel and Pacific cod fisheries in area 543. Additional but less restrictive measures are also needed in adjacent areas 541 and 542 in the central Aleutians, where sea lions continue to decline as well, albeit at a much slower rate than in area 543.

The North Pacific Fishery Management Council and the public will review the draft biological opinion at a special meeting in Anchorage August 16-20.

"NOAA Fisheries will work with the Council to develop management measures for the groundfish fisheries to ensure fishing operations are consistent with the mandates of the ESA," said Balsiger. "The ultimate goal is the recovery of the western Steller sea lion population so that the species can be removed from the list of endangered and threatened wildlife."

A final biological opinion is expected in January 2011. The new fishery management measures are expected to be implemented in January 2011.

Feds want fishery closures to save sea lions

The National Marine Fisheries Service today released its long-awaited draft biological opinion on the effects of commercial fishing on the endangered western population of Steller sea lions, concluding the fisheries are likely to jeopardize the continued existence of the animals and "adversely modify" their critical habitat.

OK, so what does that mean?

The agency is proposing a "reasonable and prudent alternative," or slate of changes in the harvest of groundfish such as Pacific cod and Atka mackerel.

The idea behind the RPA is to minimize "local competition" between fishing boats and the sea lions for food fish.

The proposed fishing changes appear to be confined to waters in the central and western Aleutian Islands, where the sea lion population decline is most problematic.

Here is the RPA, taken directly from the massive biological opinion:

This RPA requires changes in groundfish fishery management in Management Sub-areas 543, 542, and 541 in the Aleutian Islands Management Area.

RPA for Area 543
Pacific cod fishery
1. Close the directed fishery and prohibit retention of P. Cod in Area 543.
Atka mackerel fishery
1. Close the directed fishery and prohibit retention of Atka mackerel in Area 543.

RPA for Area 542
Groundfish fishery
1. Close waters from 0-3 nm around Kanaga Island/Ship Rock to directed fishing for groundfish by federally permitted vessels.
Pacific cod fishery
1. Close the 0-10 nm zone of critical habitat to directed P. cod fishing by federally permitted vessels using fixed gear year round. Close the 10-20 nm zone of critical habitat to directed fishing for P. cod by federally permitted vessels using fixed gear January 1 through June 10.
2. Close the 0-20 nm zone of critical habitat year-round to directed fishing for P. cod by federally permitted vessels using trawl gear.
3. Prohibit P. cod fishing November 1 through December 31 in Area 542.
Atka mackerel fishery
1. Close the 0-20 nm zone of critical habitat to directed fishing for Atka mackerel by federally permitted vessels year round.
2. Set Atka mackerel TAC for Area 542 to no more than 47% of ABC.
3. Eliminate the HLA platoon system for Atka mackerel harvest.
4. Change the Atka mackerel seasons to January 20 through June 10 for the A season and June 10-November 1 for the B season.

RPA for Area 541
Pacific cod fishery
1. Close the 0-10 nm zone of critical habitat to directed fishing for P. cod by federally permitted vessels year-round.
2. Close the 10-20 nm zone of critical habitat to directed fishing for P. cod using fixed gear by federally permitted vessels January 1 through June 10.
3. Close the 10-20 nm zone of critical habitat to directed fishing by for P. cod using trawl gear by federally permitted vessels June 10 through November 1.
4. Prohibit P. cod fishing November 1 through December 31 in Area 541.
Atka mackerel fishery
1. The available data do not indicate a need to further modify fishery management measures to conserve Atka mackerel forage availability within this fishery management area. However, the elimination of the platoon management system provides an opportunity to further disperse the Atka mackerel seasons to January 20 through June 10 for the A season and June 10 through November 1 for the B season.

Friday, July 30, 2010

Senators: Let's not rush this sea lion thing

Well, the week has ended without a new "biological opinion" from the feds on the effects of commercial fishing on the endangered Steller sea lion.

But don't fret, friends. It appears the BiOp certainly will be unveiled Monday, and it'll be a real trophy at 800-plus pages.

As Deckboss has noted previously, the anxiety level surrounding this document is high. Alaska's bottomfish industry could be facing costly new restrictions depending on what it says.

Among the concerned are the four U.S. senators from Alaska and Washington, who today sent this letter to Commerce Secretary Gary Locke urging that the long-delayed BiOp, once released, not be hurried through to final action.

The North Pacific Fishery Management Council has scheduled a special meeting for Aug. 16-19 at the Hotel Captain Cook in Anchorage to consider the BiOp and any potential fishing restrictions.

Wednesday, July 28, 2010

BiOp watch

The federal government as soon as tomorrow might unveil its long-awaited "biological opinion" on the endangered Steller sea lion.

Will it include a "jeopardy" determination for the Steller, or a finding of "adverse modification" of its critical habitat?

Will it force tighter restrictions on Alaska's huge pollock fishery, which by one theory is robbing the sea lions of food?

Will it shut down a valuable harvest you might never have heard of, the Atka mackerel fishery?

Or will the BiOp prove to be no treat at all to commercial fishing?

The scuttlebutt is that scientists within the National Marine Fisheries Service have clashed over what the BiOp should say.

Can't wait to see who won.

Friday, May 14, 2010

BiOp bulletin

Recently I've touched on the subject of the forthcoming "biological opinion," or BiOp, from the National Marine Fisheries Service concerning the status of the endangered western population of Steller sea lions.

We've been waiting an awfully long time for this document, and the anticipation has instilled fear in Alaska's billion-dollar bottomfish industry, which some believe competes with the sea lions for food.

Anyway, today we have word that NMFS intends to unveil the BiOp by late July.

Naturally, the North Pacific Fishery Management Council — which has industry members plus public officials from Alaska, Washington and Oregon — wants to weigh in should NMFS seek to increase or relax sea lion protections for the 2011 fishing season based on the BiOp.

So the council and its subcommittees plan to hold a special meeting Aug. 16-20 at the Hotel Captain Cook in Anchorage.

Sunday, April 11, 2010

Catching up with the council

Deckboss spent a good bit of time this weekend hanging around the North Pacific Fishery Management Council, which is meeting through Tuesday here in Anchorage.

This is a meeting that lacks a really big, sexy headliner issue.

But lots of interesting currents are running through the council chamber, and even more through the corridors and bars of the downtown Hilton hotel, where the 11-member panel is encamped.

Here's a sampler:

• You know it's an election year when top politicians start showing up at the fish council. So it was no surprise to see Alaska Gov. Sean Parnell appear and give a little speech on Thursday. Naturally, after the speech came a fundraiser for Parnell, who is running for a new term.

• Jim Balsiger, Alaska chief for the National Marine Fisheries Service, announced it might be months longer before we see a new "biological opinion" on the status of the endangered Steller sea lion. This is a matter of considerable dread for Alaska's billion-dollar bottomfish industry, which very possibly could face painful new restrictions or even a shutdown if the agency determines commercial fishing is jeopardizing the sea lion's recovery or adversely modifying its habitat. Many industry players suspect internal conflict among NMFS scientists could explain the continual delays in rolling out this new BiOp.

• The island community of St. Paul, smack in the middle of the Bering Sea, is very worried about a pending change in crab management. You'll recall that, a few years ago, the king and snow crab fisheries were "rationalized" or divided into fishing, processing and regional shares. Under the rules, some of the crab must be delivered to northern ports including St. Paul, which heavily depends on landings taxes for its economic survival. Well, fishermen and processors want a change to allow crab to be delivered elsewhere in the event of an emergency, such as ice blocking the St. Paul harbor or a tsunami damaging the town's processing plants. St. Paul fears such an emergency exemption could be abused, however, draining the island of crab. Last I heard, a deal was in the works to compensate St. Paul somehow for lost crab landings, perhaps by requiring compensatory deliveries in future years.

• Maybe the hottest issue at this meeting concerns Gulf of Alaska rockfish. As with crab, rockfish was "rationalized," but only temporarily. The council now faces a universe of choices on how to manage the rockfish harvest after 2011. One option is awarding perhaps 20 percent of the catch rights directly to processors as "protection" for their historic investment in the fishery. This would be an unprecedented step in Alaska fisheries management, and a highly controversial one at that. So we can expect to see plenty of rockfish wrangling at future council meetings.

• Another hot topic is the proposed closure of some waters off Kodiak and Afognak islands to keep boats targeting bottomfish from accidentally catching, or mangling, bairdi Tanner crab. Supporters of the closures point the finger mainly at trawlers for this crab bycatch. Trawlers are saying, hey, we don't want to see vast areas closed without clear scientific justification. We've previously seen some pretty tough lobbying here. Remember those pictures of purported extreme crab bycatch from a few months ago? As with many issues before the council, final action on this one is still a long way off.

• Efforts to invent an excluder device to keep Chinook salmon out of pollock trawl nets apparently are coming along swimmingly. Researcher John Gauvin made a presentation on a "flapper-style" excluder to the council's Scientific and Statistical Committee. The committee wrote: "The concept for a salmon excluder has evolved over a number of years, and results of the most recent test appear to be the most promising to date." The excluder plays on salmon tendencies to allow them to exit the net through an escape hole, while most pollock stay inside. Gauvin said several vessels intend to use the excluder during next winter's pollock fishery.

• The council plans to hold its June 2011 meeting in a very unusual place: Nome! That's a big logistical challenge for the town, as a council meeting can attract hundreds of agency staffers and other people and bed space is limited. Folks in Nome believe they can handle the meeting like the Iditarod, which obviously brings scores of people to the shores of Norton Sound.

• And finally, from the rumor department, here's the very biggest buzz I heard at the council meeting (uh, in the bars) this weekend: Coastal Villages Region Fund and the company it partly owns, American Seafoods, possibly are going to divorce. This could involve part of American's mighty fleet of factory trawlers splitting off into a new company, knowledgeable and only slightly tipsy industry sources told me. Deckboss has not inquired of either Coastal Villages or American about this, so make of it what you will.

Friday, February 26, 2010

Hold that BiOp

Alaska's groundfish industry had been anticipating next Monday with considerable dread.

That was the day the National Marine Fisheries Service was supposed to unveil a new biological opinion (BiOp) potentially calling for further restrictions to the pollock, cod and Atka mackerel fisheries as a way to preserve food fish for endangered Steller sea lions.

Tonight, however, comes word that the long-awaited BiOp is on hold.

A friend passed along this update from Chris Oliver, executive director of the North Pacific Fishery Management Council:

Hi all —

I just spoke with Doug Mecum and the release of the draft BiOp has been delayed. Not sure how long, but at least a few weeks. There is still a chance the Council can review it at our April meeting, so for the moment it is still tentatively on the April agenda. Not sure how that relates to potential Committee review/involvement, but we at least will get an update in April, if not the BiOp itself. I think action from that point depends on what the BiOp says, and whether there are 'surgical solutions' for the near term. It is also possible it will not be done in time for the April meeting, but we will see how that plays out. For the moment it seems that a meeting of the SSLMC March 9-11 is unnecessary and should be cancelled. That is what I know today.

— Chris


Doug Mecum, FYI, is the acting NMFS administrator for Alaska.

Also, SSLMC refers to the council's Steller Sea Lion Mitigation Committee.