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Conservation Groups Allege NMFS Violated ESA By Failing to Protect Leatherback Sea Turtles from Fishing Gear

The Center for Biological Diversity and Turtle Island Restoration Network sued the National Marine Fisheries Service (NMFS) in the U.S. District Court for the Northern District of California. The groups allege that NMFS is violating the Endangered Species Act (ESA) by failing to protect endangered leatherback sea turtles from sablefish pot gear off the West Coast of the U.S and also violated the Magnuson-Stevens Fishery Conservation and Management Act and the Administrative Procedure Act.

NMFS Seeks Public Input on EIS on Measures to Minimize Salmon Bycatch in the Bering Sea Pollack Fishery

The National Marine Fisheries Service (NMFS), in consultation with the North Pacific Fishery Management Council, announced its intent to prepare an Environmental Impact Statement (EIS) under that National Environmental Policy Act on measures to minimize bycatch of non-Chinook salmon by participants in the Bering Sea pollack fishery. NMFS will accept public comments on the proposed EIS through September 15, 2023.

Rhode Island Fishing Company Petitions SCOTUS to Abandon Chevron Deference and Rule that NMFS Overstepped its Authority by Requiring Industry-Paid At-Sea Monitors

Seafreeze Fleet LLC, a Rhode Island herring fishing company, and two of its fishing ships have petitioned the U.S. Supreme Court to overrule or revise Chevron deference and clarify whether the Magnuson-Stevens Act requires fishing companies to pay for federally mandated at-sea monitors. Petitioners are asking the Supreme Court to reverse a First Circuit decision and rule that the National Marine Fisheries Service overstepped its authority by requiring industry-paid monitors on fishing vessels.

NMFS Proposes Rule Change to Amend the Seafood Import Monitoring Program

The National Marine Fisheries Service (NMFS) announced a proposed rule to amend the Seafood Import Monitoring Program established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. The rule would add species or groups of species to the Program along with making several other amendments relating to records and responsibilities. NMFS will accept public comments on the proposed rule change through March 28, 2023.

Plaintiffs Challenge Nationwide Permit for Finfish Aquaculture Development in Federal Waters

Nine advocacy groups and the Quinault Indian Nation asked a federal judge to invalidate a nationwide permit that they say the U.S. Army Corps of Engineers (ACE) improperly issued to allow industrial fish farm structures in state and federal ocean waters around the country. Plaintiffs allege the ACE did not have the authority to issue Nationwide Permit 56 (NWP 56) and failed to consider a wide range of adverse impacts the structures and their aquaculture operations would have on everything from marine life and water quality to essential fish habitat and coastal communities. Issuance of NWP 56 marks the first time the ACE has issued a nationwide permit for industrial finfish aquaculture development in United States waters on the Outer Continental Shelf. Plaintiffs are represented by the Center for Food Safety and Recirculating Farms Coalition.

NMFS Receives Petition to Temporarily Close Red King Crab Savings Area in Alaska

The National Marine Fisheries Service (NMFS) received a petition for emergency rulemaking under the Magnuson-Stevens Fishery Conservation and Management Act from the Alaska Bering Sea Crabbers. This petition requests NMFS take action to close the Red King Crab Savings Area and Red King Crab Savings Subarea to all fishing gear to protect Bristol Bay red king crab and their habitat at a time of historically low crab abundance from January 1, 2023, to June 30, 2023. NMFS will accept public input on the petition for emergency rulemaking through December 5, 2022.