Policy News

Policy News

Rear Admiral Timothy Gallaudet confirmed for the number 2 post at NOAA

Retired Rear Admiral Timothy Gallaudet was confirmed by the full Senate the first week of October for the number 2 post at NOAA. The Senate Commerce, Science and Transportation Committee recommended the confirmation of Gallaudet. Most recently, he served as commander of the Navy’s Meteorology and Oceanography Command. Gallaudet, 50, of California has a long record of tracking climate change for the Pentagon. The White House said Gallaudet has experience in weather and ocean forecasting, hydrographic surveying and developing policy, and he plans to counter illegal unregulated fishing and assess the national security impacts of climate change. He noted in written response to questions from Senators that “Another emerging challenge is for those species that are migrating due to changing environmental factors.” He also promised to follow the lead of Commerce Secretary Wilbur Ross in pushing to “increase flexibility” in the management of the nation’s fisheries. On October 11, President Trump nominated Barry Myers, chief executive of the private weather forecasting company AccuWeather, to run NOAA. The appointment breaks from the recent precedent of scientists leading the agency tasked with a large, complex, and technically demanding portfolio. Myers has a bachelor’s degree in business administration and economics, a master’s degree in business from Pennsylvania State University, and a law degree from Boston University School of Law. Myers has been an adviser to five directors of NOAA’s National Weather Service and a representative of the U.N. World Meteorological Organization, according to a biography from AccuWeather. He must be confirmed by the Senate before taking the post.

October 11, 2017 2 Comments

Policy News

Office of National Marine Sanctuaries Five-Year Strategic Plan

NOAA’s Office of National Marine Sanctuaries (ONMS) released its five-year strategic plan for advancing the protection of the ocean and Great Lakes. Our Vision for America’s Treasured Ocean Places incorporates feedback from staff, members of the public, and a number of partner institutions and entities and is available for review here.

October 11, 2017 No Comments

Commerce Secretary Wades into Marine Fisheries Management

As Commerce chief, Secretary Wilbur Ross’ portfolio includes oversight of NOAA, but it is rather unusual for a cabinet level official to wade into federal fisheries management decisions. National Marine Fisheries Service (NMFS or NOAA Fisheries), a unit within NOAA is charged with management of the nation’s fisheries. With the help of the six regional science centers, eight regional fisheries management councils, the coastal states and territories, and three interstate fisheries management commissions, NMFS takes a science-based approach to conserving and managing fish stocks in federal waters. Since taking office in February, Ross has surprised fisheries managers and stakeholders by directly intervening in federal fisheries decisions leaving many wondering whether the Secretary’s atypical approach might be the new norm. Ross’ first foray into federal fisheries management came with an announcement in June to lengthen the federal Red Snapper season in the Gulf of Mexico from 3 days to 42. The Secretary responded to pleas to provide more access to the resource from recreational fishermen and state managers who were frustrated by shrinking recreational seasons despite larger and more abundant fish. In the late 1980s, NOAA Fisheries and the Gulf of Mexico Fishery Management Council began implementing various regulations to rebuild the Red Snapper population including limiting fishing mortality. The 2013 stock assessment indicated overfishing was not occurring, the stock was rebuilding but remained overfished, and catch levels could be increased. Ross justified his deal with the Gulf states to extend the season in exchange for limiting fishing in state waters on the grounds that the current management regime was undermining the federal-state partnership on Red Snapper management, and that it was threatening to undermine federal fisheries management in the Gulf and elsewhere. Given those factors, Ross felt a more modest rebuilding pace was an acceptable risk. In July, Ross again went outside of standard procedure with his decision to allow New Jersey fishermen to harvest more Summer Flounder than allowed under the catch limits recommended by the Atlantic States Marine Fisheries Commission (of which the state of New Jersey is a member). Summer Flounder (known locally as fluke) are overfished and under the Commission’s rules states could be required to reduce quotas drastically or implement a region-wide moratorium on fishing if the population falls another 14 percent. Officials in New Jersey, which has one of the region’s largest fluke populations, had drafted an alternative plan that they said would do more to protect the fishery, but it was rejected by the commission, whose scientists concluded the plan would result in nearly 94,000 additional fish being caught. This move marked the first time the federal government had disregarded such a recommendation by the commission, leading to concerns that political maneuvering could threaten preservation of fragile fish stocks. “The commission is deeply concerned about the near-term impact on our ability to end overfishing on the Summer Flounder stock as well as the longer-term ability for the commission to effectively conserve numerous other Atlantic coastal shared resources,” Douglas Grout, the commission’s chair, said in a statement. Commissioners and fisheries managers along the east coast, as well as the region’s NOAA officials, expressed concern with the move saying it was unprecedented for a Commerce secretary to make a decision without seeking their input. Such rulings are routinely vetted by NOAA’s regional officials and scientists, who review the commission’s recommendations and then prepare the agency’s response, they said. The Red Snapper and Summer Flounder decisions were both outside of the regular order of fisheries management decision-making. There’s concern that states and fishing groups will directly seek political relief instead of following NOAA procedures and adhering to fishing quotas set by government experts and scientists.These actions appear to address a Trump Administration promise to reduce bureaucratic hurdles to solving problems. Ross told a Senate panel in June he understood the frustration over a shorter federal Red Snapper season and that he shared Trump’s “commitment to cutting unnecessary red tape and eliminating failed regulations.” These decisions are being watched closely as Congress considers reauthorizing the Magnuson-Stevens Fisheries Management Act. The House Natural Resources Committee invited Ross to testify at a hearing on federal fisheries management on September 27, but Chris Oliver, Assistant Administrator of NOAA Fisheries, testified in his stead. Oliver, responding to a question by Arizona Rep. Raúl Grijalva, the top Democrat on the Natural Resources Committee, said the decisions in both the Red Snapper and Summer Flounder cases did not involve the administration going against any recommendations made by NOAA scientists or agency leaders. Grijalva asked Oliver to provide more information on both decisions within 30 days and Oliver agreed to do so. Oliver said the Trump administration has yet to weigh in on specific changes it would seek as part of an overhaul of the Magnuson-Stevens Act, but he said the administration backs “legislative opportunities” that would prove additional flexibility on annual catch limits. AFS will be watching for other federal fisheries management decisions from Secretary Ross.

September 28, 2017 No Comments

Dems Float Magnuson-Stevens Re-authorization Bill in House, Hearing September 26

House Natural Resources Subcommittee to Discuss MSA Amendments On Tuesday, September 26, 2017, the Subcommittee on Water, Power and Oceans will hold a legislative hearing on the following bills: H.R. 200 (Rep. Don Young, R-Alaska), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes. H.R. 2023 (Rep. Garret Graves, R-La.), To modernize recreational fisheries management. Modernizing Recreational Fisheries Management Act of 2017 H.R. 3588 (Rep. Garret Graves, R-La.), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide for management of red snapper in the Gulf of Mexico, and for other purposes. RED SNAPPER Act Discussion Draft of H.R. ____ (Rep. Jared Huffman, D-Calif.), To amend and reauthorize the Magnuson-Stevens Fishery Conservation and Management Act, and for other purposes. WITNESSES The Honorable Jonathan Mitchell, Mayor, City of New Bedford, New Bedford, Massachusetts Mr. Chris Macaluso, Director, Center for Marine Fisheries, Theodore Roosevelt Conservation Partnership, Washington, DC Ms. Susan Boggs, Co-Owner, Reel Surprise Charter Fishing, Orange Beach, Alabama The Honorable Wilbur Ross (Invited), Secretary, U.S. Department of Commerce, Washington, DC Mr. Ben Martens, Executive Director, Maine Coast Fisherman’s Association, Brunswick, Maine Mr. Mike Merrifield, Southeastern Fisheries Association, Tallahassee, Florida Mr. Chris Blankenship, Commissioner, Alabama Department of Conservation and Natural Resources, Montgomery, Alabama Meeting details: 1334 Longworth House Office Building Washington D.C. 20515 10:00 AM

September 22, 2017 No Comments

WOTUS Repeal Comment Period Ending Soon

Time is running out to submit your comment to EPA and the Army Corps of Engineers on the proposed repeal of the Waters of the U.S. Rule (WOTUS). The comment period will close on September 27, 2017. Make your voice heard! Comment here. AFS and 11 other science societies submitted a joint comment letter to oppose the repeal. The organizations, representing over 200,000 scientists, urged the agencies to consider the critical functions of our nation’s wetlands and headwater streams, in providing a broad suite of ecosystem services to society. They asked that the agencies reaffirm WOTUS or develop a revised rule that is as scientifically, legally, and ecologically robust as WOTUS, taking into consideration costs associated with replacing those ecosystem services, the far-reaching implications for fish, wildlife, and their habitat from rescinding WOTUS, and the robust public participation that went into developing the safeguards. Read more here on the administration’s plan to roll back protections for our nation’s critical wetlands and headwater streams.

September 21, 2017 No Comments

The House of Representatives Passes Fiscal Year 2018 Budget Bills; AFS Urges Senate to Reject WOTUS Rider

In mid-September, the House passed an omnibus spending package containing all 12 of the major appropriations bills for fiscal year 2018. Senate appropriators are still working bills through the committee process. The House and Senate will need to reconcile their respective bills before the budget moves forward to President Trump for signature. Shortly after returning to Washington following the August recess and Labor Day, Congress quickly approved a compromise package of legislation that included a three-month continuing resolution, initial disaster relief for hurricanes, and a debt ceiling increase that will fund the government through early December. The measure was quickly adopted by the House and Senate and signed into law by President Trump. With the federal fiscal year ending on September 30, the move provides some additional time to pass a budget. There continues to be a lack of agreement on top-line budget numbers, which may be slowing the process. It appears that the budget cuts sought by the President may not be as severe as feared based on the fiscal year 2017 budget passed by Congress earlier this year and the House’s 2018 appropriations bills. We will be tracking the Senate action on the budget. AFS is watching budget bills for another reason, too. In late July, the House passed several appropriations bills containing a controversial provision to exempt the repeal of the 2015 Clean Water Rule or Waters of the United States (WOTUS) Rule from the Administrative Procedures Act, which would eliminate the requirement for public comment on the process. Democrats were unable to prevail in their efforts to strip the WOTUS policy rider from the bills. It remains to be seen whether the Senate appropriators will introduce similar language. In response, AFS joined with outdoor enthusiasts and conservation groups on a letter urging them not to adopt the WOTUS rider in the Interior, Environment, and Related Agencies Subcommittee markup, the process Congress uses to debate, amend, and rewrite proposed legislation. AFS believes that there should be no place in a funding bill for a rider that would allow the administration to avoid public comment as it takes steps to lift protections for our nation’s water. On September 21, AFS, in conjunction with the Consortium of Aquatic Science Societies (CASS), also submitted a letter to Chairman Murkowski and Ranking Member Udall requesting that the Interior, Environment and Related Agencies Appropriations subcommittee reject any policy rider that would exempt the repeal of the Clean Water Rule from the Administrative Procedures Act.

September 20, 2017 No Comments

Senate Letter Requesting Full Funding for USGS Cooperative Research Units

Honorable Lisa Murkowski Chairwoman, Appropriations Subcommittee on Interior, Environment & Related Agencies U.S. Senate Honorable Tom Udall Ranking Member, Appropriations Subcommittee on Interior, Environment & Related Agencies U.S. Senate Dear Chairwoman Murkowski and Ranking Member Udall: We write to ask for your support for an additional $4.5 million to the existing $17.3 million for the U.S.G.S. Cooperative Fish & Wildlife Research Unit program in the USGS Ecosystems mission area in the Fiscal Year 2018 Interior, Environment, and Related Agencies Appropriations bill. This increase in funding is necessary to fill critical and chronic vacancies of scientists in the program, and to meet the actionable science needs of the states and other cooperators. The 40 Cooperative Fish & Wildlife Research Units (CRUs) across 38 states are embedded in major research universities and bridge the gap between science and natural resource decisions. CRUs have a 3-fold mission: produce actionable science to meet the needs of cooperators; provide cooperators technical assistance in applying and integrating new science; and develop the next generation of natural resource professionals through graduate education. This mission is implemented by fostering partnerships between state and federal natural resource agencies, academic institutions, and non-governmental organizations, as directed by the Cooperative Units Act of 1960 (P.L. 86-686). CRUs are highly productive, cost-effective, and reputable sources of scientific information. CRU scientists produce credible, applied science that meets the direct needs of cooperators and empower the front lines of fish and wildlife conservation. Federal and state fish and wildlife agencies receive science to support sustainable hunting, fishing, and trapping seasons; evaluate and address challenges to endangered species listing and recovery; prevent and control invasive species and wildlife disease outbreaks; and actionable science to address many other natural resource management challenges. For example, the New Mexico Unit has led investigations into the effects of energy development on lesser prairie-chickens, helping to inform conservation efforts and strategic energy siting options. Researchers at the Mississippi Unit are studying movements and habitats of shovelnose and pallid sturgeon to inform conservation efforts of those threatened and endangered fish, while the Vermont Unit has developed a statistical program that enables wildlife managers to make better harvest management decisions. The Alaska Unit has recently looked into how potential habitat changes could affect the distribution of moose and caribou, two species important to the hunting-based economy in the state. Despite these benefits, CRUs are at a critical point. Scientist vacancies plague the program – 34 Unit scientist positions (30%) remain vacant as of FY17. State and university cooperators continue to fulfill their obligations of support, while federal funding for staffing remains stagnant, limiting the ability of the program to meet the growing needs of its collaborators. To achieve the scientific needs and meet partner expectations, CRU base funding must be increased by $4.5 million in FY18. Such funding will allow critical vacancies to be filled, address the erosion of CRUs cooperative capacity, and expand program offerings to new states. Sincerely, American Fisheries Society Association of Fish & Wildlife Agencies Boone & Crockett Club National Association of University Fish & Wildlife Programs The Wildlife Society Wildlife Management Institute Enclosures: Association of Fish & Wildlife Agencies Resolution #2015-01 Cc: Honorable Thad Cochran; Honorable Patrick Leahy; Members of Senate Appropriations Subcommittee on Interior, Environment and Related Agencies

September 19, 2017 No Comments

Policy News

Rivers and Fish, Not Rivers Versus Fish

Based on a casual skim of the literature, it seems that water, and therefore fish, is often included in debate about fire suppression, interbasin transfers, drought, meteorological anomalies, industrial uses, agricultural practices, and much more. Sorry to share bad news, but there may be two more freshwater issues to concern us all—increasing salinity and shifting hydrology.

September 18, 2017 No Comments

Pebble Mine

EPA Seeking Public Comment on Withdrawal of Clean Water Act Determination for Pebble Mine

The Environmental Protection Agency (EPA) is proposing to withdraw a July 2014 Clean Water Act 404(c) Proposed Determination that would have, if finalized, imposed restrictions on the discharge of dredged or fill material associated with mining the Pebble Deposit in Alaska’s Bristol Bay watershed. Section 404(c) of the Clean Water Act allows the EPA to restrict, prohibit, deny or withdraw the use of an area as a disposal site for dredged or fill material if the discharge will have unacceptable adverse effects on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas. The Bristol Bay watershed in Alaska is a pristine 40,000 square mile area crisscrossed by rivers and dotted with lakes. Its waterways support subsistence hunters, fishing tourism, and a diverse array of wildlife. The area boasts the world’s most productive salmon run, where millions of fish return to spawn every summer. Bristol Bay supplies half of all Sockeye Salmon sold on the global market. Massive gold and copper deposits worth an estimated $350 billion are present in the Bristol Bay watershed. In 2002, Northern Dynasty Minerals proposed the Pebble Mine project on 186 square miles of state-owned land for which it held the mineral rights. The company teamed up with three mining companies to form the Pebble Limited Partnership (PLP) in hopes of developing the mining project. The mine, if constructed, would be the largest open pit mine in North America. In 2010, fishermen, seafood businesses, and Alaska Native tribes petitioned EPA to use its authority to preemptively block PLP’s 404 permit. Over the next few years, EPA developed the Bristol Bay Watershed Assessment which described the Bristol Bay ecosystem and its human uses and evaluated the likely effects that the project would have on the ecosystem’s structure and function. The assessment concluded that healthy, unperturbed habitat is one of the primary reasons that Bristol Bay salmon runs have remained strong and that the potential adverse impacts of mining would be difficult to mitigate given the size and remote location of the deposit. In July 2014, EPA exercised its 404(c) authority and issued a Proposed Determination that specified the conditions under which a mine could proceed without doing irreparable environmental harm. The conditions made it unlikely that the mine could operate profitably. In response, PLP filed suit against the EPA to prevent the determination from becoming final. In May 2017, EPA Administrator Scott Pruitt announced a settlement between the EPA and the PLP. The terms of the settlement required the PLP to drop its suit and in return EPA agreed not to finalize the determination for 48 months from the effective date of the settlement agreement or until issuance of a final environmental impact statement on PLP’s permit application, whichever comes first. PLP would have to file a permit application within 30 months to take advantage of this forbearance. The settlement agreement does not require or guarantee that PLP will submit a permit application, nor does it guarantee or prejudge a particular outcome of that permitting process or EPA’s decision-making under section 404(c). Comments can be submitted here. The comment period will close October 17, 2017.

September 15, 2017 No Comments

Magnuson-Stevens Act

Interview with new NOAA Fisheries head Chris Oliver

Sport Fishing magazine interviewed Chris Oliver, who was recently named assistant administrator of NOAA Fisheries. The interview touches on topics such as commercial vs. recreational fisheries management strategies, Magnuson-Stevens Act re-authorization, NOAA’s placement in the Department of Commerce, management of Red Snapper, FY 2018 budget cuts, offshore aquaculture, and catch shares in recreational fisheries. Read the article.

September 14, 2017 No Comments

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