Conservationists and Feds Win to Reduce Fishing Waste
Federal District Court rules in favor of limiting bottom trawl discards
CONTACT/CONTACTO:
Susan Murray (smurray@oceana.org)
Oceana
March 20, 2007
Juneau, Alaska – In a strong move to support conservation measures by the North Pacific Fishery Management Council, NOAA Fisheries, Oceana and the Alaska Marine Conservation Council, a federal district court ruled today to uphold regulations that would require large “head and gut” bottom trawl vessels in the Bering Sea and Aleutian Islands to retain and utilize a larger portion of the fish they catch. Historically, these vessels have high graded what stays on the boat and what goes overboard—keeping only the most valuable species. Implementation of the new regulation will require these vessels to keep approximately two-thirds of their catch, and will serve as an incentive for the vessels to fish “cleaner.”
“This action clearly answers two questions,” said Jim Ayers, vice president for Oceana. “Does America have a commitment beyond filling the nets today at all costs; and are the laws requiring conservation for tomorrow enforceable?”
Bycatch is the incidental catch and waste of marine life. The Magnuson-Stevens Fishery Management and Conservation Act requires regional fishery management councils to adopt fishery management plans, that, among other things, minimize bycatch to the extent practicable. Amendment 79, adopted by the North Pacific Fishery Management Council and approved by NOAA Fisheries, aims to minimize bycatch by requiring Bering Sea and Aleutian Island bottom trawl catcher/processor vessels that are over 125 feet long to retain an increasing portion of their overall catch, thus providing a disincentive to target non-commercial species or otherwise undesirable target species. The rule’s retention requirement starts at 65% in 2008 and increases to 85% by 2010.
“The reality that hundreds of millions of pounds of wasted fish and other marine life are thrown over the side of bottom trawl vessels every year is completely unacceptable to most Alaskans. Management measures that set at least a minimum standard for reducing excessive waste in the Bering Sea fleet are long overdue,” said Dorothy Childers, program director for the community-based Alaska Marine Conservation Council.
“The Council is glad the court upheld efforts to reduce bycatch and discards,” said Stephanie Madsen, Chair of the North Pacific Fishery Management Council.
On May 5, 2006, two commercial fishing companies, the Legacy Fishing Company and the Fishing Company of Alaska—both based in Washington, but that fish in the federal waters off Alaska—filed suit in the District of Columbia District Court to overturn Amendment 79 and its implementing regulations. The companies claimed that the bycatch reduction measures would be too costly. In today’s ruling, the court states, “Plaintiffs complain that the NMFS and the Council unreasonably rejected alternative plans that would have had imposed fewer costs on plaintiffs. In considering alternative plans, however, the agency has an affirmative duty to “give priority to conservation measures.””
“The court has ruled that these companies will not be allowed to continue wasting public resources,” said Earthjustice attorney Michael LeVine. “This case deals with a few large vessels that still haven’t turned the corner into 21st century fishing.”
“Once again, this is about sustainability,” said Ayers. “We cannot simply skim the cream off the top and discard the rest. While that may benefit an individual fishing vessel in the short-term, it does nothing for the long-term viability of our ocean ecosystems and commercial fisheries, and leaves nothing for the next generation.”
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