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NOAA Fisheries Chief Chris Oliver on Observers and Monitors

July 16, 2020 — The following was released by NOAA:

Observers and monitors, at-sea and shoreside, are an essential component of commercial fishing operations and provide critical information that is necessary to keep fisheries open and to provide sustainable seafood to our nation during this time. We recognize the COVID-19 pandemic continues to evolve and as such, it has required us to adapt to changing circumstances. Our adaptation is multi-faceted. Across the Pacific and Western Pacific, the majority of fisheries require full observer coverage; on the East Coast, the majority of fisheries require partial coverage. The differences in the requirements are an important reason that we have used our ability to waive observer coverage in some regions and fisheries, and not in others.

In addition, how fisheries operate varies regionally and even within a region, including factors such as whether crew or observers need to cross state lines. Some of these operational aspects have allowed the agency and observer service providers to more quickly adapt processes and procedures for deployment. In other cases, we’ve needed more time. For example, in the Northeast, because of the number of different jurisdictions, additional time was needed to finalize our observer redeployment protocols. Consequently, we delayed observer coverage for an additional month. Throughout most regions though, individual trips and vessels in partial-coverage fleets continue to be released from coverage on a case-by-case basis. Overall, our approach to observer coverage and monitoring allows us to be as adaptable as possible given all of the variability across our regions and fisheries.

Finally, the contractual relationships between industry and NOAA Fisheries and observer service providers vary by region and sometimes within a region, affecting what ability, if any, the agency has to make changes to protocols and processes.

In general, observers create no more risk than a crew member, although we do have allowances for vessel by vessel waivers in situations where that may not be the case, and observer provider companies are generally able to match precautionary measures that vessels impose on crew members. Ultimately, within our limited authority, our goal is to have observers and monitors following the same safety protocols that fishermen are following.

Providing seafood to the country remains an essential function even in these extraordinary times and adequately monitoring United States fisheries remains an essential part of that process. We will continue to monitor all local public health notifications, as well as the Centers for Disease Control and Prevention (CDC) for updates, and adjust our processes as needed. We are committed to the health and safety of fishermen, observers, and others while fulfilling our mission to maintain our nation’s seafood supply and conserving marine life.

Below is an update as of the situation in each of our regions as it pertains to observer coverage:

Regional Snapshot of Current Observer Waivers

  • Alaska Region – NOAA Fisheries is in the process of positioning observers at select ports throughout Alaska to meet monitoring objectives for vessels in the Partial Coverage Category of the North Pacific groundfish and Pacific Halibut fisheries. NOAA Fisheries has identified ports in Alaska where current travel and lodging conditions allow observers to meet and maintain applicable national, state, and local health mandates for deployment into the commercial fisheries. The region may release trips from observer coverage on a case-by-case basis for vessels in the Partial Coverage Category, as needed, in consideration of national, state, and local travel and safety requirements. No deviation has been made from the 2020 Annual Deployment Plan for vessels using electronic monitoring or to the requirement that vessels continue to log trips in Observer Declare and Deploy System (ODDS). Observer coverage continues for vessels in the Full Coverage Category of regional fisheries.
  • West Coast Region – Beginning at 12:00 am on May 1, 2020, fishery observer and catch monitor coverage was again required per existing regulations for all commercial fishing vessels and first receivers in required West Coast fisheries. Waivers of partial, scientific observer coverage are being issued on a vessel-by-vessel basis, including for the portion of the fleet using electronic monitoring. Waivers of observer coverage will continue on a vessel-by-vessel basis, as needed, in consideration of national, state, and local travel and safety requirements. The region is also ready to provide waivers for large purse seine vessels unable to get an Inter-American Tropical Tuna Commission (IATTC)-approved observer for tuna fisheries in the eastern Pacific Ocean.
  • Pacific Island Region – Observer coverage requirements continue in all required fisheries. Although contracted observers are being placed on most Hawaii pelagic longline trips in Hawaii, waivers of observer coverage on a vessel-by-vessel basis will continue, as needed, in consideration of evolving national, state, territory, and local travel and safety requirements. International observer requirements for tuna purse seine vessels have been waived by the Western and Central Pacific Fisheries Commission until July 31, 2020.
  • Southeast Region – Beginning at 12:00 a.m. on May 5, 2020, observer coverage was again required per existing regulations for the following fisheries: South Atlantic Penaeid Shrimp, South Atlantic Rock Shrimp, South Atlantic Snapper-Grouper, Southeast Gillnet, Gulf of Mexico Commercial Reef Fish, Gulf of Mexico Shrimp, Atlantic Highly Migratory Species (HMS) Pelagic Longline, Shark Bottom Longline (Atlantic HMS), Shark Gillnet (Atlantic HMS). Waivers of observer coverage on a vessel-by-vessel basis will continue, as needed, in consideration of national, state, and local travel and safety requirements. The region continues to work with the regional observer provider to finalize their observer redeployment plans to support the safe and effective redeployment of observers in the region.
  • Greater Atlantic Region – The region has extended the existing observer waiver exempting all vessels issued Greater Atlantic Region permits from the requirements to carry an observer or at-sea monitor. This waiver is in effect through July 31. When deployment resumes, we will include allowances for vessel by vessel waivers in situations for which there are medical or other issues where the observer may pose an additional risk beyond that posed by a normal crew member (i.e., small vessel with isolated crew for example). We will continue to work with the regional observer provider to finalize their observer redeployment plans to support the safe and effective redeployment of observers in the region.

Read the message here

Chair Huffman Seeks Answers on NOAA’s Response to COVID-19 Pandemic

July 16, 2020 — The following was released by The Office of Congressman Jared Huffman (D-CA):

Today, Representative Jared Huffman (D-San Rafael), Chair of the Natural Resources Subcommittee on Water, Oceans, and Wildlife, sent a letter to the National Oceanic and Atmospheric Administration (NOAA) requesting further information on NOAA’s plans to address COVID-19 impacts on fisheries management, NOAA staff, the fishing industry, and members of the public. The letter was addressed to Dr. Neil Jacobs, the Acting Under Secretary of Commerce for Oceans and Atmosphere.

“These unprecedented conditions will persist into next year and possibly later, and it is your responsibility to respond and react to the ongoing challenges appropriately,” Rep. Huffman states in the letter. “Now, more than ever, it is critical that our federal agencies are adaptive, transparent, and focused on keeping their workforce safe and addressing the real needs of the public that they serve.”
 
The letter outlines requests for further information on four specific items, including:
  1. Communications and Guidance: the agency has developed guidance to avoid using words related to the pandemic, such as COVID.
    • Who developed the internal guidance and what was the basis of these options, particularly the ‘preferred approach’? Was there input from public health experts and career staff?
    • Even if, as claimed, NOAA developed this guidance to ensure consistency in communications, what is the purpose of limiting references to the ongoing pandemic?
    • Does the agency plan to continue using this internal guidance document?
  2. Fisheries Surveys: due to health risks, several surveys have been cancelled this summer.
    • What was the decision-making process used to cancel these surveys? What public health information is the agency using to evaluate risks to NOAA employees?
    • What additional technologies, staffing models, or new cooperative research could be used to fill this gap in the near term, and if necessary, in future years? What tools does NOAA have at its disposal now, and what would require outyear planning?
    • Is there a way to involve fishermen to collect part of this missing survey data?
    • How will these cancelled surveys impact fisheries management?
  3. Waivers for Observer Requirements: waivers have been granted to regions on a case by case basis, which has required some to accept more health risks than others.
    • What is the justification for extending observer waivers in some regions but not others? Do waivers consider the recent significant increase in cases throughout the country?
    • Does the agency plan to continue using its current guidelines for observer waivers? If the guidelines are updated, will there be opportunities for stakeholder input?
    • Given that regions like the Pacific have a strong pattern of compliance and currently have an experimental electronic monitoring (EM) program, has the agency considered the use of EM when evaluating observer waivers?
    • How does the agency plan to advance the use of EM, which would be especially valuable in these types of circumstances, when human observers pose health risks and are putting themselves at risk due to the limited space onboard fishing vessels?
  4. Status of CARES Act Fisheries Relief Funding: the $300 million appropriated by Congress has yet to reach anyone who has been impacted.
    • What is the status of the relief funding?
    • How long does NOAA expect to take to review and approve state spend plans? How long does NOAA expect to take to distribute funds once plans are approved?
A copy of the full letter can be found here.

Public hearings slated for fish monitoring amendment

July 15, 2020 — With COVID-19 still looming, the New England Fishery Management Council has crafted an array of digital alternatives to help commercial fishermen understand the options contained in the long-discussed and critical Amendment 23 that will set monitoring levels in the groundfish fishery.

The council, which expects to take final action on the measure at its September meeting, has moved the Amendment 23 public hearings to online webinars and has produced an online tutorial to help the webinar uninitiated participate and develop informed comment. It plans a narrated digital presentation on the measure and has scheduled “Amendment 23 outreach office hours” when fishermen can call in or participate via webinar with questions for council staff.

Given the complexities of the measure, however, fishing stakeholders said the council should continue to search for a way to safely hold at least some of the remaining public hearings in person to accommodate industry members not as well versed with the digital world.

“This is such an important and significant action that we hope the council will do everything possible to hold traditional public hearings, but with safe distancing and all the other precautions we need to take,” said Jackie Odell, executive director of the Gloucester-based Northeast Seafood Coalition. “Taking it all online might be fair to some members of the industry, but not to all.”

Read the full story at the Gloucester Daily Times

Fish council seeking input on monitor rule

July 6, 2020 — The New England Fishery Management Council has been toiling for two years on the amendment that would set monitoring levels for vessels in the Northeast groundfish fishery and now appears to be hitting the home stretch.

Final action on the measure — known as Amendment 23 — now is expected at the council’s September meeting. The meeting, Sept. 29 to Oct. 1,  currently is set for the Beauport Hotel Gloucester on Commercial Street, but could be shifted to a webinar depending on the state of the COVID-19 virus and its associated restrictions.

The council, which extended the public comment period to Aug. 31, already has held three public hearings via webinar on Amendment 23 and plans more in July and August. The next is scheduled for July 16 at 4 p.m. and interested participants can access all related documents in the Amendment 23 library on the council website, nefmc.org.

The council also is reaching out to commercial fishermen and other stakeholders, offering a variety of platforms to help them understand the complexities of the amendment and ease their participation in the online public hearings.

Read the full story at the Gloucester Daily Times

Fisheries Survival Fund ‘Alarmed’ by Current Protocols for Resumption of At-Sea Monitoring

June 29, 2020 — The Fisheries Survival Fund (FSF) has written to NOAA Fisheries, voicing concerns over the agency’s decision to resume at-sea monitoring beginning in July. Specifically, FSF, which represents limited access scallop fishermen in the area covered by the order, is “alarmed” at the protocols the agency currently has in place.

According to the letter, the quarantine protocols for observers are unclear, at best. It notes that, after a required initial 14-day quarantine period, “it is unclear whether that observer will be required to quarantine for an additional 14 days before boarding another vessel.”

“Our country continues to grapple with the impacts and uncertainties of COVID-19’s spread,” the letter states. “Resuming the observer program too quickly and without appropriate protocols in place would put our crewmembers at a heightened and unnecessary risk of exposure to the virus.”

FSF also highlights uncertainty over how vessel captains and owners should respond to an observer displaying symptoms of COVID-19 at the start of a trip. FSF requests that NOAA extend the current waiver on observer coverage, which was implemented in March at the start of the COVID-19 crisis, until it addresses these issues.

The letter to NOAA follows letters from both the New England Fishery Management Council and the Mid-Atlantic Fishery Management Council, which expressed similar concerns about the safety of resuming at-sea monitoring.

The full letter is available here

NEFMC Raises Concerns Over NOAA Decision on At-Sea Monitoring

June 20, 2020 — The New England Fishery Management Council (NEFMC) has written to NOAA Fisheries expressing concern over the agency’s plan to resume at-sea monitoring beginning July 1. The Council voted last week at its June meeting to deliver to NOAA its concerns with the safety and medical impact of the program.

The NEFMC is the second regional Fishery Management Council to express concerns over the observer plan. Last week, the Mid-Atlantic Fishery Management Council wrote a letter to the agency expressing similar concerns. Together, the two councils manage the fisheries in NOAA’s Greater Atlantic region, which is the region affected by the observer order.

In its letter, the NEFMC specifically raises the concern that the potential risks of resuming at-sea monitoring—mainly the increased risk of COVID-19 exposure for both fishermen and observers—outweigh any of the program’s benefits.

“The Council understands that – under normal circumstances – observer data provide important information for both monitoring the fishery and assessing fish stocks,” the letter states. “These are not normal times.”

The Council raises further issues, including concerns from many in the industry that they were not consulted on the decision. It also questions the agency on its policy on safety issues surrounding the program, including testing observers for COVID-19; potential medical waivers for boats with at-risk crew members; quarantine practices for observers; and how on-board observer practices will be modified to minimize the risk of virus transmission.

The full letter is available here

NOAA Announces Resumption of Greater Atlantic Fisheries Observer Requirements; Fishery Management Councils Object to Decision

June 23, 2020 — Yesterday, NOAA Fisheries announced that vessels in the Greater Atlantic region will once again be required to carry fishery observers and at-sea monitors beginning July 1. The agency had previously waived the requirements since the start of the COVID-19 crisis in March.

While the agency, in its letter to stakeholders, stated that “Observers and at-sea monitors are an essential component of commercial fishing operations,” the decision was opposed by Fishery Management Councils in the region. In its own letter to NOAA Fisheries, the Mid-Atlantic Fishery Management Council (MAFMC) called on the agency “to extend the observer coverage waiver until the number of active COVID-19 cases in the region has been substantially reduced and the number of new cases is steadily declining.”

“Although some states are beginning to slowly reopen, social distancing protocols are still almost universally recommended or required. However, the close living quarters on most fishing vessels would make social distancing virtually impossible,” the Council’s letter states. “Recognizing that the virus could spread rapidly within these environments, many fishing crews have been self-quarantining before fishing trips. Unless observers are subject to mandatory 14-day quarantine periods between assignments, we are concerned that they could unknowingly become vectors for transmission of the virus between fishing vessels.”

In addition to expressing concern over the safety of reallowing observers on fishing vessels, the Council also noted that the resumption of onboard observers and monitors goes against the telework policies implemented by both the Council and NOAA during the ongoing COVID-19 related shutdown.

“It is our understanding that NOAA, like the Council, continues to operate under a maximum telework policy. Also, we believe that NOAA staff such as Northeast Fisheries Science Center employees are currently prohibited from participating in on-board cooperative research,” the letter stated. “During our June Council Meeting, which was conducted entirely by webinar, we discussed plans for how and when to resume in-person meetings. The Council was generally in agreement that at this time the public health risks outweigh the benefits of face-to-face meetings and that we should continue to utilize virtual meetings for the near term. Considering these steps that have been taken to minimize health risks for fishery scientists and managers, why should the same consideration not be extended to the fishing industry?”

At its meeting today, the New England Fishery Management Council approved a motion “to task Council staff to write a letter expressing the Council’s concern regarding the redeployment of the observer program on July 1.” The motion was agreed to by consensus with 3 abstentions.

Read NOAA’s announcement here

Read the Council’s letter here

NOAA Fisheries ending Northeast observer waivers, preparing to restart program

June 23, 2020 — NOAA Fisheries and the Northeast Fisheries Science Center’s (NEFSC) Fisheries Sampling Branch is preparing for a 1 July restart of the Northeast Observer Program.

NOAA Fisheries first announced on 20 March that it was waiving observer requirements in light of the challenges posed by the COVID-19 outbreak. That initial waiver was extended on 29 May, with a planned restart date of 1 July.

Read the full story at Seafood Source

Fishermen file lawsuit against herring at-sea monitoring rule

June 9, 2020 — The Cause of Action Institute has filed a motion for summary judgement on behalf of New Jersey, U.S.A., fisherman against a new set of regulations called the “Omnibus Amendment,” which requires some boats in the Atlantic herring fishery carry at-sea monitors at their own cost.

The new rule was designed by the New England Fishery Management Council (NEFMC), and was recently finalized by NOAA and the Department of Commerce. The New Jersey fishermen, according to a release from the Cause of Action Institute, object to the at-sea monitor requirements, as it is expected to cost fishermen “upwards of USD 700 [EUR 619] a day.”

Read the full story at Seafood Source

Update on Implementing Industry-Funded Monitoring in the Atlantic Herring Fishery

June 5, 2020 — The following was released by NOAA Fisheries:

NOAA Fisheries is delaying the start date to begin assigning industry-funded monitoring (IFM) coverage in the herring fishery until later this year.

The training class for new portside samplers in the herring fishery was delayed due to the health mandates and travel restrictions in place this spring. This training will be rescheduled for later this year. Until this training occurs, IFM portside sampling coverage will not be available for midwater trawl herring vessels that are enrolled in an electronic monitoring exempted fishing permit (EFP). We do not intend to select herring vessels for IFM at-sea monitoring coverage until IFM portside sampling coverage is also available for EFP vessels. For this reason, we will not be selecting any herring vessels for IFM coverage until after the portside sampling training has been completed. Vessels are still required to adhere to all Pre-Trip Notification System (PTNS) requirements for the herring fishery. However,  PTNS will continue to issue waivers for IFM coverage in the meantime, and herring vessels will not be responsible for paying sampling costs associated with IFM until later this year.

More Information

We will update industry participants as we know more about the timing of implementing IFM in the herring fishery. For more information on the herring IFM program, please see the following resources:

  • IFM in the herring fishery, see our January 29 bulletin.
  • Electronic monitoring EFP, see our March 30 email.
  • Notification, Reporting, and Monitoring Requirements for the Atlantic Herring Fishery, see our March 31 bulletin.

Read the full release here

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