EDFish

New England Catch Shares Ruled Legitimate by 1st US Circuit Court of Appeals

1st Circuit Court of Appeals logoIn a long-awaited decision, the 1st U.S. Circuit Court of Appeals has upheld a 2011 lower court ruling confirming the legality of the NE sector program.

Ruling on a suit brought by the ports of New Bedford and Gloucester, as well as fishermen and fishing groups, the justices determined that the NE sector program form of catch share complies with the Magnuson-Stevens Fishery Conservation and Management Act and the National Environmental Policy Act.

The court found that the National Marine Fisheries Service (NMFS) had adequately considered the impact of the program and taken the proper steps to accomplish its goals, including environmental conservation, increasing economic benefits and holding fishermen accountable for staying within catch limits.

The three judge panel noted that, rather than destroying smaller business, many believe the new rules provide better protection. The judges also said federal regulators installed the law properly. “The Secretary (of Commerce’s) judgments here were derived from the record, rational, and not based on any error of law,” the court wrote. Read the full opinion here.

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Ocean Conservation Should not be a Partisan Issue

Stetson Bank Coral and Sponges

Stetson Bank Coral and Sponges. Photo credit: Frank and Joyce Burek

No matter what happens at the polls today, the ocean and the fish that live in it will still require our attention and conservation efforts. With all the politics and rhetoric circulating throughout the media, the fact that oceans and other vital ecosystems provide invaluable resources and benefits to the billions of people on this planet tends to go unnoticed. Even worse, there is a tendency to paint the environment as a partisan issue, when regardless of your political beliefs—ensuring we have a healthy natural world is essential to your survival and happiness for the future.

The oceans cover 71% of the Earth’s surface and contain 97% of the world’s water. An estimated 20,000 species of marine fish swim beneath the largely unexplored waters, along with complex plant and animal life including coral reefs, sea grasses, whales and sharks. Billions of people globally depend on fish as their primary source of protein, and the economic value of fishing for their livelihood. Many of these people live in poor, undeveloped countries and will rely more heavily on the ocean as populations increase and global warming impacts their ability to cultivate food on land. The reality of our global dependence on the ecosystem services that the ocean provides becomes more evident with studies such one which recently came out in Science, citing that 80% of the world’s un-assessed fisheries are in worse shape than previously thought. But there is hope if we act now to align the right incentives and increase the economic value of fisheries, while putting fishermen at the forefront of conservation.  Ensuring that the world’s fish stocks are replenished is a human imperative, not a political talking point. Read More »

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Bipartisan Dream Team Join Forces to Explain and Promote Catch Shares on the Hill

Bruce Babbitt and Slade Gorton III

Bruce Babbitt (Source: DOI) and Slade Gorton III (Source: US Senate)

On September 12 and 13, EDF had the pleasure of working with an unlikely but dynamic team of spokespeople. Former Secretary Bruce Babbitt, former Senator Slade Gorton III and Gulf Red Snapper Fisherman Buddy Guindon, met in Washington DC to share their support for catch share management systems with members of the press and the hill. Their message—Catch shares work, the world’s fisheries are in trouble and both democrats and republicans have a responsibility to protect fish stocks and fishermen moving forward.

Gorton and Babbitt, who admit they have not always agreed on issues in the past, have come together on fisheries management because they see catch shares as the way forward for sustainable and profitable fisheries. They believe that a lot of the opposition around catch shares stems from a lack of understanding and education.

In an interview with E & E reporter Laura Petersen, who wrote an excellent piece on this media tour, Gorton commented, “Maybe 30 or 40 members of the House of Representatives out of 435 have any knowledge of the issue at all, so it’s easy, in a sense, to stampede them with sloganeering.”

Babbitt agreed and added, “Fear of change is nothing new in resource management. The political culture is very resistant to change, and that is why education is so critical to assuage concerns and consolidate support.”

Watch an interview from this tour from E&E TV with Bruce and Slade.

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Court Upholds West Coast Catch Share Program

The U.S. Court of Appeals for the ninth Circuit this week upheld a prior court’s ruling that the West Coast Groundfish individual transferable quota system—a form of catch share—complies with the Magnuson-Stevens Fishery Conservation and Management Act and the National Environmental Policy Act. The court found that the National Marine Fisheries Service (NMFS) had adequately considered  the impacts of the program and taken  the proper steps to accomplish its goals, including environmental conservation, increasing economic benefits and holding fishermen accountable for staying within catch limits.

In dismissing the plaintiff’s arguments challenging inadequate consideration of environmental impacts, the court held that the program “may actually decrease trawling’s dominance by consolidating the trawling fleet, allowing trawlers to switch to fixed gear, and allocating more fish to non-trawlers than they have caught in recent years.” In fact, according to a mid-year update from NMFS on the status of the fishery, the IFQ program continues to generate significant conservation benefits. To read more about the decision click here.

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