A divided federal appeals court on Wednesday stripped a regional fishery management council of its ability to block the U.S. Secretary of Commerce from taking actions to manage fisheries that the panel does not support, after finding the council’s members were unconstitutionally appointed. The Philadelphia-based 3rd U.S. Circuit Court of Appeals on 2-1 vote sided with two commercial fishermen who had sued after Mid-Atlantic Fishery Management Council amended a fishery-management plan to lower how much scup, summer flounder and black sea bass could be caught in their region. The fishermen, Raymond Lofstad and Gus Lovgren, challenged the constitutionality of the structure of the body, one of eight regional councils nationally tasked with developing fishery management plans, in their lawsuit. They are being represented by the libertarian Pacific Legal Foundation in their lawsuit. >>CLICK TO READ<< 11:05
Category Archives: Western Pacific
Hawaiʻi longline fishers experience ‘all-time low’ in profits
Hawaiʻi’s longline fishers are facing record lows in profits, according to a recent report from the National Oceanic and Atmospheric Administration. For years, NOAA’s Pacific Islands Fisheries Science Center has collected data on fishing trip costs and earnings for Hawaiʻi’s commercial longline fishery and surveyed 60 fishers to get data for 2022. PIFSC found that the average fishing vessel made around $808,000 in gross revenue that year. Of that, 54% went to trip costs like fuel, ice and bait, and 22% went to labor. After other costs, boat owners took home an average of 5%. Adjusted for inflation, that’s an average of about $44,000 in profit. more, >>CLICK TO READ<< 07:51
Fishermen want to go green but say DOGE cuts prevent that
Commercial fishermen and seafood processors and distributors looking to switch to new, lower-carbon emission systems say the federal funding they relied on for this work is either frozen or unavailable due to significant budget cuts promoted by President Donald Trump’s Department of Government Efficiency. The changes are designed to replace old diesel-burning engines and outdated at-sea cooling systems and are touted by environmentalists as a way to reduce seafood’s carbon footprint. Salmon harvesters in Washington state, scallop distributors in Maine and halibut fishermen in Alaska are among those who told The Associated Press their federal commitments for projects like new boat engines and refrigeration systems have been rescinded or are under review. Photos, video, more, >>CLICK TO READ<< 10:51
Rep from American Samoa calls for opening protected Pacific waters to tuna fishing
U.S. Congresswoman Amata Radewagen, who represents American Samoa, has urged the Trump administration to reopen most of an enormous marine protected area in the Central Pacific Ocean to industrial fishing while also recommending the reopening of other Pacific MPAs. In a Jan. 23 letter to President Donald Trump, Radewagen called for his administration to open the vast majority of the Pacific Islands Heritage Marine National Monument (PIH) to commercial tuna fishing. PIH, which is larger than the U.S. state of Texas, is an area of exceptional biodiversity. Radewagen’s letter called reopening it an “immediate need” that would benefit the country’s economy and challenge “Chinese fishing dominance.” She also sent Trump a background document that, among other requests, called for an executive order to open all Pacific marine national monuments and national marine sanctuaries to tuna fishing and to withdraw the U.S. from efforts to develop large marine protected areas in international waters. Map, photos, more, >>CLICK TO READ<< 14:40
NOAA set to slash jobs ‘imminently’
Mass firings are set to hit the National Oceanic and Atmospheric Administration (NOAA) “imminently,” a source with knowledge told The Hill. The person, who asked to speak anonymously due to fear of reprisals, said that the agency had not yet been subjected to the steep cuts announced elsewhere due to the then-pending confirmation of Commerce Secretary Howard Lutnick. The Commerce Department oversees NOAA and the National Weather Service. Many of the federal cuts thus far have targeted probationary workers, which includes recent hires but also those who have been recently promoted. more, >>CLICK TO READ<< 12:34
Elon, it’s time to sic the DOGE on BOEM, and NMFS By Jim Lovgren
The Trump administration has begun a long overdue financial analysis of the spending habits of federal agencies, looking to weed out waste, fraud, incompetence, bureaucratic overlap of different agencies, and unnecessary regulations. To do this he has recruited Elon Musk, the world’s richest man, who earned his wealth by his shear brilliance, to lead a new agency, called DOGE, Department of Governmental Efficiency. While there are plenty of federal departments that need cleaning up, or elimination, let’s hope that Elon doesn’t overlook BOEM and the NMFS. Let’s start with the Bureau of Ocean Energy Management, the agency that cavalierly sells the ocean bottom and its non-renewable resources to the highest bidder. This is an agency that has always been surrounded by controversy and corruption so bad that they had to change their name years ago from the Marine Minerals Service to its present BOEM. More, >>CLICK TO READ<< 18:57
Biden’s missed chance to safeguard America’s oceans
Among President Biden’s many laudable environmental accomplishments, one of his historic failures is that he declined to protect America’s ocean ecosystems. Despite the president’s professed goal to protect 30 percent of America’s oceans by 2030, he did virtually none of this. Perhaps he was planning on a second term (obviously a bad gamble), or perhaps he never really intended to do any of this. Regardless, the hope and optimism for ocean protection at the beginning of the Biden administration has, in the end, turned to profound disappointment. On this issue, the administration prioritized local politics over science, need and national interest. more, >>CLICK TO READ<< 07:29
Athearn Marine Agency Boat of the Week: 62′ Steel Longliner with Permit, 400HP Cummins
To review specifications, information, and 47 photos’, >click here<. To see all the boats in this series >click here< 06:00
Trump Defeats Harris to Win a Second White House Term
Former President Donald Trump was elected the 47th president of the United States on Wednesday, mounting one of the greatest political comebacks of all time – a convicted felon who was twice impeached and left the presidency in disgrace just four years ago, only to win it back decisively in one of the most fraught elections in modern history. In defeating Vice President Kamala Harris, Trump stitched together an improbable coalition of supporters, including people of color and young voters, while promising to unfurl an America-first vision. With his victory all but assured early Wednesday morning, Trump told cheering supporters at a convention center in West Palm Beach, Florida, that “this was a movement like nobody’s ever seen before.” more, >>CLICK TO READ<< 07:41
“A Total Shock” – Japanese Sardines Detected in U.S. Waters
Genomic sequencing of Pacific sardines in 2022 and 2023 uncovered the presence of not just one, but two distinct sardine species in the California Current. When research scientist Gary Longo first reviewed the results of his genomic analysis of sardines, he thought he must have mixed up his samples. Besides the Pacific sardines common on the West Coast, many of the fish appeared to be another species. “It was a total shock,” he said. Then he compared their genetic code to other known species. “That was the ‘aha moment’ when we realized we were looking at a second species of sardine.” The analysis shows that of the 345 sardine samples collected during NOAA Fisheries’ 2021 and 2022 Coastal Pelagic Species Surveys, all of the fish in 2021 were Pacific sardines, but those collected in 2022 were a mix of Pacific sardines and Japanese sardines. more, >>CLICK TO READ<< 10:50
Australian rock lobster will soon be exported to China again — here’s what it means for the industry and consumers
China’s ban on Australian rock lobsters is expected to be lifted by the end of the year, Prime Minister Anthony Albanese has announced. Rock lobster fishers say China is “by far” their biggest market and the impact on coastal WA communities will be significant. However, it could mean Australians will end up paying more for the prized delicacy once exports resume. Australian rock lobster fishers soon will be able to export their prized catches to China again, after four years out in the cold. The welcome development was announced yesterday following a meeting between Prime Minister Anthony Albanese and Chinese Premier Li Qiang on the sidelines of the ASEAN summit in Vietnam. Exports are expected to resume by the end of the year, in time for Chinese New Year in 2025. Here’s what it means for Australia. Photos, more, >>CLICK TO READ<< 19:15
Maine’s massive “floating wind” folly — my report
Below is my Executive Summary, followed by the latest bad news on this ongoing silly saga. This report examines several fundamental aspects of the State of Maine’s offshore wind development plan. It is divided into two parts. Part 1 examines certain economic issues, such as feasibility, cost, and progress to date. Part 2 explores the proposed development as it relates to the entire Gulf of Maine, namely because the project has not advanced to the point where the State of Maine’s responsibilities have been defined. The offshore wind plan calls for development of 3,000 MW of generating capacity, an amount that is roughly double Maine’s average electricity usage. The viability of Maine’s offshore wind plan depends entirely on the massive transformation of the state’s grid from fossil fuel use to electrification. It is clear that the citizens of Maine have not been informed of this vast transformation requirement. They have certainly not approved it. more, >>CLICK TO READ<< 09:34
US fishery management council’s structure is unconstitutional, court rules
OPINION: Reel them in – Regional fisheries councils violate constitution and hurt accountability
That is the position in which many fishermen find themselves. They share a desire for sustainable fisheries and support some of the federal efforts at regulation. But they oppose certain federal water catch limits and allocations between commercial and recreation sectors that are set by regional fishery management councils made up of members who aren’t accountable through elections or to elected officials. Pacific Legal Foundation is representing these individuals and small businesses in courts around the country, making what we think is a simple argument based on the text and purpose of the Constitution. Specifically, that it requires that executive branch officials with significant authority be appointed by the president or a member of his cabinet. more, >>CLICK TO READ<< 06:40
Flawed fisheries science ’cause for concern’
An article just published in the respected science journal Marine Policy highlights the need for objective and reliable fisheries science to ensure conservation and sustainable development. It says the publication of flawed papers, some in high-profile journals, is cause for concern, and that misleading science can misinform policy and the public. The authors, who include well-known US fisheries scientist Professor Ray Hilborn, call for the rigour of peer reviews and editorial management to be strengthened, and say journal publishers must ensure the reliability of papers they publish. “The prevalence of papers conveying unjustified messages and with the potential to influence public perceptions and policies is concerning,” they say, providing examples where flawed methodology led to the exaggeration of negative impacts on ecosystems by the fishing industry – which was often then sensationalised by campaigners. In all of the examples quoted, a rebuttal was subsequently published. more, >>CLICK TO READ<< 12:46
Athearn Marine Agency Boat of the Week: 60’x18’x9′ Astor Longliner, Cummins KT 1150
To review specifications, information, and 15 photos’, >click here< To see all the boats in this series, >click here< 06:46
Personal Locator Beacon tips the scale for fishermen adrift in Western Pacific
A group of fishermen adrift in the remote Western Pacific made their recent rescue significantly easier because they carried a personal locator beacon, according to the U.S. Coast Guard search coordinator. The six fishermen were about 30 miles north of Satawal Atoll in the Caroline Islands, a widely scattered archipelago, when their engine failed around 9 a.m. Aug. 17, according to a news release from Coast Guard Sector Guam. The fishermen activated a personal locator beacon, or PLB, which issued a distress signal and transmitted their location to Joint Rescue Sub-Center Guam, more than 430 miles away, the Aug. 19 release said. The center relayed the information to the USCGC Oliver Henry on patrol about 270 miles northeast of the fishermen, and a Panamanian-flagged cargo vessel about 160 miles north of the disabled vessel. more, >>CLICK TO READ<< 11:50
Coast Guard medevacs man from fishing vessel 480 miles offshore Honolulu
The Coast Guard completed the medevac of an ailing man from a commercial fishing vessel 480 miles offshore Honolulu Friday. Joint Rescue Coordination Center Honolulu watchstanders received a call at 1:45 p.m. Monday from Pacific Fishing & Supply personnel reporting that a 53-year-old crew member aboard the 68-foot fishing vessel Autumn was exhibiting stroke-like symptoms approximately 750 miles offshore. more, >>CLICK TO READ<< 18:09
Unalaska, Aleutians East Borough oppose Rep. Peltola’s proposed trawling limitations
Communities in the Aleutians are pushing back against proposed legislation that would bring stricter regulations to the Bering Sea trawl fishery. The City of Unalaska and the Aleutians East Borough are among 53 organizations that signed onto a letter sent to U.S. Rep. Mary Peltola, urging her to withdraw H.R. 8507, a bill she sponsored in May. The proposed legislation aims to add new regulations to where trawling can take place across the United States, not only in Alaska. Trade organizations and some coastal communities whose economies rely on trawl fisheries have pushed back against the bill, asking the congresswoman to repeal it. “If enacted, H.R. 8507 would directly harm fishermen and coastal communities in Alaska and throughout our nation, along with countless other people who rely on a healthy domestic seafood sector for food, jobs, and their way of life,” the letter said. more, >>CLICK TO READ<< 13:28
U.S. fisheries could be devastated by Supreme Court’s ending the Chevron doctrine
Loper Bright Enterprises v. Raimondo the Supreme Court’s late June decision on regulatory agency authority, heralds the much-anticipated end of the 40-year-old Chevron doctrine, which required courts to defer to federal agencies when interpreting laws. No doubt, much will be written in the coming weeks about the impacts of Chevron’s demise on the administrative state. But, at its core, Loper Bright is a case about fisheries. What then are the implications of this decision for both the fishermen and the healthy fisheries of the United States? This case comes at a critical time for U.S. fisheries. Historically, the U.S. has seen many notable economically and culturally ruinous fisheries collapse — from the Atlantic cod collapse of the 1990s to the current collapse of Pacific salmon. The Magnuson-Stevens Act created the framework for the protection of U.S. fisheries and has been moderately successful since its enactment. more, >>CLICK TO READ<< 09:21
Federal fishing monitoring program needs overhaul, GAO says
Only days after the Supreme Court dealt a blow to the federal government’s program placing human observers on commercial fishing boats, a federal watchdog said NOAA Fisheries should do a better job monitoring the industry. A report released Wednesday by the Government Accountability Office said NOAA Fisheries — also known as the National Marine Fisheries Service — has failed to execute its program as Congress intended under law. “NMFS’ efforts to track its performance in reducing and monitoring bycatch do not align with key elements of evidence-based policymaking related to performance management,” GAO said in the report, which was requested by Rep. Raúl Grijalva (D-Ariz.), the ranking member of the House Natural Resources Committee. more, >>CLICK TO READ<< 19:19
How the Supreme Court rescued my NJ fishing firm that bureaucrats almost sank
The Supreme Court just sided with my New Jersey-based, family-owned fishing business, and may have even saved it. That’s the reality of the court’s June 28 decision in a case called Loper Bright Enterprises v. Raimondo, which overturned the “Chevron doctrine” that gave unchecked power to federal bureaucrats. Yet the media reaction hasn’t focused on what the ruling means for regular people and job creators like me. The pundits say that Washington, DC, will descend into chaos because the justices stopped unelected and unaccountable bureaucrats from deciding for themselves what’s “reasonable” under federal law. But as I can attest, that power quickly leads to abuse. The Supreme Court has protected the American people from regulators run amok, and from a Congress that won’t do its job. I was one of the small business owners who sued the federal government in this case. By Wayne Reichle, more, >>CLICK TO READ<< 21:20
An Optimist’s view: Death of the Chevron Deference
My name is David Goethel. I am a 55 year plus commercial fisherman, research biologist and former fishery manager. As author of Endangered Species/Chronicles of A new England Fisherman I discuss these topics and a lawsuit I filed in 2015 with the legal group Cause of Action over the legal concept known as Chevron Deference. Most people believe Congress writes laws, the Executive Branch carries out those laws and the Judicial Branch interprets and clarifies whether aspects of those laws are Constitutional and correctly applied. It turns out under a doctrine called “Chevron Deference” the regulatory bureaucracy can deem a law unclear or ambiguous and create any regulation the agency decides it needs to carry out its bureaucratic function. Until this past Friday, the courts gave deference to the regulators as the “recognized experts” even though no proof is required and no test for ambiguity is applied. The Supreme Court overturned Chevron Friday saying they had “placed a tombstone on its grave”. Fishermen, including me, had sued saying that unelected regulators should not have this vast power over our lives. more, >>CLICK TO READ<< 20:18
Fishermen Who Were Forced to Pay $700 Per Day to Government-Mandated Observers on Their Boats Get Big News from SCOTUS
Members of the 18th-century British Parliament, unelected by American colonists, tried to take money from those colonists without their consent. Hence, the American Revolution ensued. On Friday, the U.S. Supreme Court overturned a 40-year-old ruling that had allowed unelected federal regulators, acting the part of the British Parliament, to commit such travesties of justice as requiring fishermen to pay for government-mandated regulators on their boats — a requirement that, according to CBS, could cost the fishermen more than $700 per day. The true magnitude of Friday’s ruling, however, involved far more than fishing boats. In fact, it struck at the heart of American progressivism by eviscerating the insidious claim that federal “experts” know best. In so doing, it took one small-but-crucial step towards dismantling the permanent federal state that actually governs in Washington, D.C. more, >>CLICK TO READ<< 11:18
Neil Gorsuch Cheers Supreme Court Placing ‘Tombstone’ on 40-Year Precedent
In Friday’s 6-3 ruling in Loper Bright Enterprises v. Raimondo, the justices wiped out 40 years of administrative law precedent in a move that will restrain federal agency powers. The court’s decision overturned the Chevron deference established in the 1984 case Chevron v. Natural Resources Defense Council. The majority, led by Chief Justice John Roberts and joined by the court’s other conservative justices, held that “courts may not defer to an agency interpretation of the law simply because a statute is ambiguous,” overturning Chevon deference. The court’s three liberal justices dissented. The majority, led by Chief Justice John Roberts and joined by the court’s other conservative justices, held that “courts may not defer to an agency interpretation of the law simply because a statute is ambiguous,” overturning Chevon deference. The court’s three liberal justices dissented. In Gorsuch’s concurring opinion, he wrote: “Today, the Court places a tombstone on Chevron no one can miss. In doing so, the Court returns judges to interpretive rules that have guided federal courts since the Nation’s founding.” more, >>CLICK TO READ<< 15:49
Littleproud predicts rough seas ahead for Illawarra wind zone under Coalition government
A future Coalition government would not allow a wind energy zone to be developed off the Illawarra coast, Nationals Leader David Littleproud said in Wollongong on Monday (17 June). To the cheers of a group of anti-wind zone protesters at Belmore Basin, Mr Littleproud said the Coalition would stop wind farms from going ahead. “There will be no wind zone, there is a better way to do this. Make no mistake, we’re going to live up to our international commitments, but we’re not going to tear away your economy, your environment and tear up the social cohesion of this great community,” he said. Mr Littleproud and NSW Nationals Senator Ross Cadell visited the region following the weekend declaration by Federal Climate Change and Energy Minister Chris Bowen of a 1022 square km wind zone area, 20 km off the coast. more, >>CLICK TO READ<< 11:53
Technology Helping Prevent Whale Strikes
As many as 80 whales are estimated to die each year off the West Coast of the US as a result of ship strikes, and about a third of all Right Whale deaths in the Atlantic are attributed to ship strikes. Sperm Whales in the Mediterranean are also listed as an endangered species, and ship strike is their leading cause of death. Whale avoidance is clearly top of mind for mariners. It is time to explore how currently available technology can help in this endeavor. As the world looks to new technologies to assist in whale avoidance, it is important to ensure there is no impact on the whales and the environment. Likewise, as governmental regulations evolve, operating vessels near whales requires a strong understanding of the rules implemented to protect them. There should be strict adherence to safe practices that coincide with the use of the right technologies. more, >>CLICK TO READ<< 10:42
Rare ‘football fish’ washes up near Cannon Beach
A deep-sea angler fish, called a Pacific football fish (Himantoliphus sagamius) has been found by local beachcombers just south of Cannon Beach. Living in complete darkness, at 2,000 to 3,300 feet, these fish are rarely seen. In fact, only 31 specimens have been recorded around the world. While a handful of football fish have been recorded in New Zealand, Japan, Russia, Hawaii, Ecuador, Chile and California, this is the first one reported on the Oregon Coast to the knowledge of personnel at Seaside Aquarium, who announced the find. Photos, more, >>CLICK TO READ<< 10:38
Athearn Marine Agency Boat of the Week: 64′ Dixon Longliner, Tripack permits, 425HP, Mitsubishi Turbo Diesel
To review specifications, information, and 23 photos’, >click here<, To see all the boats in this series, >click here< 06:56
Final HFD investigation report being completed following Pier 36 boat fire
Pier 36 appeared to be back to normal Saturday in Honolulu, less than a day after an explosion on a boat that injured five people. It resulted in two critical patients and three serious. First responders were called out to the scene around 3:30 p.m. Friday. Captain Matt Milyak with Hawaii Whale tale tours works on Oahu and offered insight. Regarding Friday’s incident and the possible cause, he, an anonymous fishing industry worker added, “I don’t know, all I see (hear) is a boom noise and a big ball of flames coming through the door and that’s it – back of the boat”. A report released by HFD Saturday evening stated heavy smoke from the engine room was encountered and led the firefighters to the smoldering seat of the fire, portable fire extinguishers were used to extinguish the fire and surrounding hotspots. Video, more, >>CLICK TO READ<< 20:25
Five injured in reported boat ‘explosion’ at Honolulu’s Pier 36
Rescue crews are responding to a reported fire on a boat docked at Pier 36 in Honolulu where five people were injured. First responders were called out to the scene in the 1200 block of N. Nimitz Highway around 3:30 p.m. “They were all adult males, two in critical condition and both of those men went to The Queen’s Medical Center. An additional male was in serious condition, and he also went to the Queen’s Medical Center. And then two people were also adult males in serious condition, and they went to the Straub Medical Center,” Ireland added. The state said the explosion happened while the men were working in the engine room of the “Kim Thu” — a foreign long-line fishing vessel. more, >>CLICK TO READ<< 11:49
