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Commercial Fisheries News
Volume 35 Number 6
February 2008
Two groups sue NMFS over midwater trawling
WASHINGTON, DC – The Northwest Atlantic Marine Alliance (NAMA) and the Midcoast Fishermen’s Association of Port Clyde, ME have filed suit against the National Marine Fisheries Service (NMFS), the National Oceanic and Atmospheric Administration, and the secretary of commerce for continuing to allow herring midwater trawling in groundfish closed areas.
The call for action actually originated back on Oct. 12, 2007 when the two groups petitioned NMFS to take emergency action to stop midwater trawling in areas they said were designed to protect juvenile and spawning groundfish.
NMFS rejected the petition and transmitted its decision to the petitioners’ attorney, Roger Fleming of Earthjustice, on Nov. 29.
NAMA and the Midcoast Fishermen’s Association then took the next step and officially filed suit in US District Court for the District of Columbia on Dec. 28.
“Federal officials have turned a blind eye to the effects of this ill-conceived policy,” said Fleming. “This lawsuit is demanding that officials close sensitive fishing grounds to herring trawlers before it is too late.”
According to the complaint, the plaintiffs seek to have the court order NMFS to:
• “Initiate rule-making proceedings” to permanently prohibit midwater trawlers from fishing in New England’s groundfish closed areas; and
• “Order the fisheries service to reconsider its decision not to take immediate action to issue emergency regulations and interim measures to prohibit the use of midwater trawl” gear in the groundfish closed areas.
Groundfish bycatch
The plaintiffs’ core argument is that midwater trawlers originally were allowed into groundfish closed areas in 1998 under Framework Adjustment 18 “based on the assumption that midwater trawl vessels either do not catch groundfish or catch only ‘negligible’ amounts of groundfish.”
But that didn’t turn out to be the case, argued the plaintiffs, who cited observer data and enforcement actions to bolster their argument.
“Contrary to the premise contained in Framework Adjustment 18, recent data show that midwater trawl vessels catch juvenile and adult groundfish, often in significant amounts,” stated the complaint. “The best available science indicates that bycatch in the herring midwater trawl fishery is likely underestimated due to existing deficiencies in the monitoring program for these vessels, including insufficient levels of observer coverage.”
In conclusion, the plaintiffs stated in part, “As a result of the fisheries service decision to deny the plaintiffs’ petition, midwater trawl fishing will continue to operate in areas of the ocean off New England that are otherwise closed to fishing with gear capable of catching groundfish.”
Charges
NAMA and the Midcoast Fishermen’s Association allege that by failing to take immediate action as requested in the October petition, NMFS and the other defendants:
• Violated the Administrative Procedure Act;
• Failed to prevent overfishing and rebuild depleted groundfish populations;
• Failed to avoid or minimize bycatch of groundfish;
• Failed to rely on the best scientific information available; and
• Failed to comply with the Magnuson-Stevens Fishery Conservation and Management Act’s provisions for emergency regulations or interim measures.
Midwater response
The Sustainable Fisheries Coalition, which represents the midwater trawl fleet, was quick to counter the allegations.
According to the coalition, many of the claims were exaggerated and, in some cases, not true.
“Contrary to (the) lawsuit, the best available science, including observer data from the National Marine Fisheries Service, indicates that groundfish bycatch by midwater trawlers is actually extremely low,” stated the coalition.
The group further argued, “The complaint and press release issued by Earthjustice continue to include false information about how midwater trawling works and the care with which midwater trawl boats minimize bycatch. Counter to claims, we avoid contact with the bottom. Our nets are too fragile to do that.”
The coalition also pointed out that it had applied for a grant in conjunction with the Gulf of Maine Research Institute to increase observer coverage so that “50% of the midwater trawl trips into specific groundfish closed areas could be monitored by observers.”
If the grant is approved, the high level of coverage should “put any questions about biological significance of bycatch to bed,” said the coalition.
“Ours is one of the most highly monitored fisheries in the Northeast, and we’re very proactive with regard to obtaining accurate scientific data about fish stocks and bycatch,” the group said.
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