In the midst of massive deficits in the harvest of salmon in the Alaska’s rural, Indigenous communities, activists have called for a restraining order on the unintentional capture of the same salmon through trawl boats which harvest millions of pounds worth of whitefish from the Bering Sea.
But the politically-appointed regional council responsible for managing Bering Sea fisheries has largely refused to grant those requests.
Instead, they’re currently taking a different route. They’re pressing the Biden administration to come up with a workaround that would be a revision of the federal guidelines which tell the regional council, as well as its counterparts across the nation what they should do to manage all fisheries that fall under their control.
The idea is supported by a wide range of people by conservation organizations, Alaska Native tribes, small-boat fishermen as well as Alaska Democratic U.S. Rep. Mary Peltola, who has made her opposition to accidental salmon harvests, referred to by the term “bycatch,” a crucial element within her latest congressional campaign.
However, it appears that the Biden administration, despite asking for feedback earlier in the year regarding possible changes to the guidelines, hasn’t yet taken any actions. Any such effort faces resistance from politically connected industries and fishing companies who believe that stricter rules on bycatch and limits could slash their profits or close whole fishing fleets.
“There’s lots of doubt in my mind as to how they’ll keep up their word,” said Peltola, in reference to Biden’s administration. Biden administration. “There are a lot of possibilities for the Biden administration to do…that they haven’t.”
Council inaction amid crisis
The debate is triggered by many years of salmon returned to the western Alaska’s Yukon and Kuskokwim rivers in numbers that are far lower than usual, leading to complete closures of the fishery or the setting of strict limits.
The residents of the hundreds of Indigenous communities that are located along these streams depend upon salmon for food to their families and generate income in a region where food items cost a lot and good-paying jobs are difficult to come by.
Families used to capture hundreds of salmon each in the fall and summer. The absence of salmon, in recent times has led to what tribal leaders consider to be an urgent crisis.
Scientists believe that the warming of ocean waters, greater than bycatch from Bering Sea fisheries, are the main reason for decreases in Bering Sea fisheries..
However, organizations representing advocacy as well as Western Alaska leaders have nevertheless pushing to force the North Pacific Fishery Management Council to set more stringent bycatch limits in protest that it’s unfair for commercial vessels to capture thousands of salmon while subsistence harvesters are subject to fishing bans.
The North Pacific council — the majority of its members who vote were selected by Alaska Republican Governor. Mike Dunleavy — has not ratified the request for caps on trawl vessels. For now, it’s chosen to to study these proposals.
This has prompted advocates’ recent call for executive action by Biden administration. Biden administration.
The focus of the effort is on specific provisions in the Magnuson-Stevens Act – the historic federal law passed in 1976 which establishes the guidelines for the federally-managed fisheries of America.
The act includes 10-point ” national standards” which will be followed by the North Pacific council and its other regional counterparts must adhere to in the process of drafting the management plan for every of the fisheries. To assist councils, the legislation also demanded that the executive branch through the National Marine Fisheries Service, to issue guidelines that provide more information about each of the standards.
These guidelines aren’t legal in any way. However, judges still have the option of looking at them when deciding fisheries related lawsuits, due to what’s known as “deference” which is the belief that the interpretations of agencies of laws must be given an important weight in court.
The environmental justice and climate change goals require a quick review
In the spring of this year, the service for fishing called NMFS, published a official notice that stated it was looking at changes to the guidelines for three of the national standards, including one that deals with bycatch. Two other guidelines being reviewed are for allocation -the division of fish harvests across different groups of harvestersand the impact on communities.
NMFS Officials say that they’re carrying out the review partly because it’s been over 10 years since their guidelines last revised. They also are trying to ensure the language is in line with the overarching Biden administration directives to integrate climate change plans as well as equity and environmental justice goals in federal policies.
“Those concerns are very important for our fishermen from across the country,” Kelly Denit, the director of NMFS’ Office of Sustainable Fisheries In an interview. “There is a broad concern about making sure that we’re examining the whole system and attempting to figure out how we adapt to climate change particularly.”
The announcement, which sought the public to provide suggestions and feedback on possible changes in the guideline, received an avalanche of responses.
A total of 400 formal responses came in from fishermen, individuals, industries and associations and tribal advocacy groups State government agencies, and conservation groups.
The responses of fishing companies as well as groups that are involved in harvesting Bering Sea whitefish — and also the bycatch of salmon generally argued against any change.
The Seattle-based United Catcher Boats, which represents numerous whitefish trawlers, stated in its letter of four pages in which it claimed that there is a possibility that Biden administration is contemplating “skirting Congress to advance partisan goals” — a notion that it described as “deeply troubling.”
Another trade group representing the industry, Seafood Harvesters of America, said it supports the motive that is behind Biden administration’s proposal. However, it also urged “extreme beware” and said it could be that the Biden administration might consider making modifications to the broad national policies on fisheries to deal with the real issue of a narrow one.
“We recognize increasing calls for improved bycatch management in some areas,” the group’s leaders stated in their report. “However we recommend NMFS not to succumb to the temptation to implement significant modifications to the fundamental management principles and guidelines in order to please a particular region or sector.”
Other groups that oppose revisions to the guideline also include The Dunleavy Administration as well as members of the North Pacific Fishery Management Council itself — which, along with many other stakeholders, criticized NMFS for not granting requests to extend its four-month comment window until after the end of the summer fishing season.
Peltola blasts “status quo”
The two Republican U.S. senators, Lisa Murkowski and Dan Sullivan Both sought an extension, but they didn’t offer any concrete feedback to NMFS official request for input.
A spokesperson for Murkowski did not respond on the issue, and a spokeswoman for Sullivan, Amanda Coyne, said that the senator is “closely watching” the procedure.
Due to the significance to the document’s guidelines “it must be a priority that changes are considered and planned in order to avoid unintended consequences” Coyne added.
Peltola sent the five pages of her personal letter in which she wrote she believes that “the current system is not serving the majority of Alaskans and NMFS should ensure that its National Standards reflect the ocean’s changing conditions and lower productivity.”
“The North Pacific Fishery Management Council has an encircling moat. It’s not interested in listening to its citizens,” Peltola said in the interview.
Numerous other Alaska commenters have said that they would like NMFS to implement changes, including the anchorage’s Native Peoples Action. The letter of the group contained more than 200 co-signers. They stated that ignoring the guidelines could result in “cultural Genocide.”
“We recognize that management of fisheries is a complicated process and there are many facets of the decline in return,” the group’s letter stated. “However it is crucial to address the underlying issues of bycatch as well as its effects on community members across Alaska. Policies should focus on fairness for Indigenous fishing communities.”
Other organizations that have endorsed changes include a small-boat cruise company, The Boat Co. There are a variety of tribal governments that range across Southeast Alaska to a Bering Sea island and small-boat fishing organizations as well as conservation groups like Oceana or SalmonState.
NMFS is currently analyzing the hundreds of comments received, but has not taken a decision on its next steps as per Denit. Should the agency choose to go ahead the agency plans to release its revised guidelines by early spring, Denit said — a move that would encourage greater public input and participation.
“We acknowledge that how the standard national guidelines are crucial for all of our regional councils for fishery management. We also know that any modifications to these guidelines could result in serious problems to the management of our fisheries,” Denit said. “If we decide to explore any changes, we’ll be doing so in a careful and engaging manner.”
This article first appeared by the Northern Journal, a newsletter that is published by Nathaniel Herz. Join here to receive the newsletter.
