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NOAA Fisheries Identifies National-Level Observer Waiver Criteria; Will Begin Redeployment in Northeast

July 30, 2020 — The following was released by NOAA:

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.

To improve transparency in our approach to observer deployment, we have established national-level criteria for vessels to be waived (released) from observer or at-sea monitor coverage. Going forward, observer or monitor coverage may be waived, for both full and partial-coverage fisheries, on a trip-specific basis if one of the following two criteria are met:

(1) Observers or at-sea monitors are not available for deployment; or

(2) The observer providers cannot meet the safety protocols imposed by a state on commercial fishing crew or by the vessel or vessel company on its crew. Within our limited authority, our efforts are intended to ensure observers and monitors are following the same safety protocols that fishermen are following.

We recognize that there are differences for observer and at-sea monitor deployment across fisheries, and have heard the concerns expressed about how observer coverage varies regionally, and even within regions. Given the diversity in our fisheries, from the composition of the fleets to how the fisheries are prosecuted, regional flexibility will continue in the detailed implementation of the two waiver criteria. We believe this adaptable approach will allow us to be transparent with stakeholders as well as responsive to ever-evolving changes on the ground. We also continue to encourage the use of electronic monitoring, as appropriate, as an additional option.

On August 14, we will resume deployment of observers and at-sea monitors in the Northeast partial-coverage fisheries. We are maintaining existing observer and monitor, both at-sea and shoreside, coverage throughout our other regions. Vessels should continue to seek observer and monitor coverage waivers through their regular regional process.

NOAA Fisheries has been working with the regional observer and monitor providers to enact safety protocols that match those that are in effect for vessel operators and crew, during this continually evolving situation. The contractual relationships between industry, NOAA Fisheries, and observer providers vary by region and sometimes within a region.

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 will continue to monitor all local public health notifications, as well as the Centers for Disease Control and Prevention, for updates. 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.

Chris Oliver
NOAA Fisheries Assistant Administrator

Read the announcement here

New reports detail threat to Pacific tuna observers, including from COVID-19

July 27, 2020 — The non-governmental organization Human Rights At Sea earlier this month published a report with numerous recommendations to better protect fisheries observers who monitor fish catches by tuna vessels in the Pacific.

The report, Fisheries Observer Deaths at Sea, Human Rights and the Role and Responsibilities of Fisheries Organisations, highlights “the often challenging and solitary working conditions for observers who are away at sea without any immediate physical support,” according to the group – a registered charity in England and Wales that promotes the development and enforcement of human rights at sea.

Read the full story at Seafood Source

Massachusetts Lawmakers Pen Letter to NOAA Over Observer Waivers

July 24, 2020 — The following is an excerpt from a letter addressed to NOAA Administrators from Massachusetts Legislators. Lawmakers in Massachusetts have requested the extending of At-Sea Monitoring Waivers in response to the COVID-19 pandemic.

Dear Under Secretary Jacobs, Mr. Oliver, Mr. Pentony, and Dr. Hare:

Thank you for extending the waiver for the requirement of At-Sea Monitoring (ASM) in the Northeast groundfishery through July 31, 2020. This action was critical to protecting the health and safety of the men and women in the Massachusetts commercial fishing industry,

While COVID-19 trends in the Northeast have been generally positive, many coastal areas continue to see cases rising, including Suffolk, Bristol, and Barnstable counties here in Massachusetts, all of Rhode Island, and Virginia Beach County, Virginia. As Senator Tarr’s June 30, 2020 letter to you, the commercial fishing industry remains among the most vulnerable to COVID-19 due to the inherent conditions of their working environment at sea. Furthermore, the US Centers for Disease Control and Prevention (CDC) have warned that this fall and winter will likely see a secondary outbreak of COVID-19.

Read the full letter here

MSC announces new research funding to improve fishery observer safety

July 23, 2020 — The following was released by the Marine Stewardship Council:

New funding to support research into fishery observer safety and welfare, has been announced by the Marine Stewardship Council today. The global not-for-profit organisation – which sets an environmental standard for sustainable fishing – said it hoped to accelerate progress in safeguarding observers who carry out a vital role in protecting our oceans.

The move follows the first death of an observer on a vessel fishing for MSC certified catch in the Western Central Pacific. The shocking and tragic death of Eritara Aati Kaierua on board the Win Far 636 in the Pacific in March 2020, is still under police investigation in Tarawa, Kiribati but there have been persistent reports of the dangers facing observers globally. 

Observers play a vital role ensuring the monitoring, compliance and surveillance of commercial fishing activities. Mandated by fishery management organisations, their work focuses on collecting data to enable effective regulation of marine activity. However, according to the Association of Professional Observers, the isolated and sometimes contentious nature of their jobs can lead to attempts at bribery, intimidation and violence.

MSC does not require fisheries to work with observers as a part of its certification requirements – but in practice many fisheries rely on observers to collect the essential evidence needed for sustainable fisheries management – especially in remote parts of the world.

MSC wholly condemns any violence or intimidation of observers. As part of its contribution to the collective efforts of the industry, human rights NGOs, governments and regulators to improve observer safety, MSC is allocating £100,000 of funding for projects and initiatives aimed at improving observer safety at sea.

The funds will be deployed through its Ocean Stewardship Fund in the next round which opens for applications in September 2020. This tranche of funding will also support initiatives focussed on the use of electronic monitoring and other technologies designed to support observers and deliver assurance of fishing operations.

The MSC action comes as there is a growing focus on this area, including campaigns on observer safety by Greenpeace and the Association of Professional Observers as well as the publication of a recent report by the organisation Human Rights at Sea.

The Chief Executive of MSC, Rupert Howes, said:

“The MSC’s mission is to end the global crisis in overfishing. This is an enormous and complex challenge, supported by the extraordinary hard work and efforts of many people – including observers.

Governments, law enforcement agencies and regulatory authorities must do more to ensure observer safety. But we recognise – as part of the wider sustainable seafood community – that MSC also has a part to play.  We want to do so in a way which is practical, by helping those who are already working in this field, pilot and test promising initiatives.

By working collaboratively with others, we believe we can help protect the human rights of observers and support them to carry out their vital work safeguarding our oceans.”

NMFS Doubles Down on Observers; Rep. Huffman Takes Aim at NMFS on COVID-19 Impacts

July 20, 2020 — A California Congressman and National Marine Fisheries Service leaders released statements about pandemic-related issues and COVID-19’s effects on fisheries Thursday, but from opposite perspectives.

Following industry criticism about maintaining at-sea observers and shoreside catch monitors during a pandemic, the agency has allowed observer waivers in some areas but remained steadfast in keeping observer coverage in others. The risk of contagion is too great, fishermen and processors say, but NMFS has disagreed — at least, in some areas.

Read the full story at Seafood News

DeFazio Urges NOAA to Reinstate Observer Waiver for West Coast Seafood Industry

July 7, 2020 — Rep. Peter DeFazio, D-Ore., last week sent a letter to NOAA Fisheries, blasting its decision to reinstate the waiver for observer and catch monitor requirements for the Greater Atlantic Region without reinstating it for the West Coast Region.

“I am appalled that NOAA Fisheries seems to believe that those in the Pacific Coast fishing industry deserve less protection from COVID-19 than their New England counterparts,” DeFazio said in a press release. “The pandemic is far from over, and the economic and health risk of having additional personnel on board fishing vessels during this public health crisis outweighs the limited and temporary loss of data from waiving the observer requirements. I urge NOAA to reverse this wrong-headed decision and work to put proper preventative measures in place in the West Coast region to prevent the spread of COVID-19.”

Read the full story at Seafood News

NOAA Extends Fisheries Observer Waiver to August

July 6, 2020 — The National Oceanic and Atmospheric Administration has issued an extension of its waiver on observer requirements granted to vessels operating in the U.S. Greater Atlantic Region.

Originally, NOAA was planning to resume observer deployments on July 1, however the resurgence of COVID-19 cases within the country prompted the agency to re-evaluate this time-frame.

“We intend to begin redeploying observers and at-sea monitors on vessels fishing in northeast fisheries on August 1,” said the agency in a statement.

“During the month of July, we will continue to work with regional observer and at-sea monitoring service providers to finalize their observer redeployment plans, conduct outreach with industry, and finalize our internal programs and policies that will support the safe and effective redeployment of observers and at-sea monitors in the region.”

Read the full story at CapeCod.com

NOAA Changes Course, Observer Redeployment Delayed Through July 31

July 1, 2020 — NOAA Fisheries announced the redeployment of observers will be delayed through July 31, 2020 less than 24 hours before at-sea monitors were set to be aboard vessels in the Greater Atlantic Region.

Over the past four weeks, fishery councils, stakeholders and politicians have spoken out against the return of fishery observers, citing concerns regarding the health and safety of captains, crews and observers during the COVID-19 pandemic.

Read the full story at Seafood News

Northeast Fisheries Observer Waiver – Extension Through July 31, 2020

June 30, 2020 — The following was released by NOAA Fisheries:

Although NOAA Fisheries had announced plans to resume observer deployments on July 1, we recognize the COVID-19 pandemic continues to evolve and as such, has required us to re-evaluate and adapt to changing circumstances. In response, NOAA Fisheries is extending the waiver granted to vessels with Greater Atlantic Region fishing permits to carry human observers or at-sea monitors through July 31, 2020.

This action is authorized by 50 CFR 648.11, which provides the Greater Atlantic Regional Administrator authority to waive observer requirements, and is also consistent with the criteria described in the agency’s emergency rule on observer waivers during the COVID-19 pandemic.

We intend to begin redeploying observers and at-sea monitors on vessels fishing in northeast fisheries on August 1.  During the month of July, we will continue to work with regional observer and at-sea monitoring service providers to finalize their observer redeployment plans, conduct outreach with industry, and finalize our internal programs and policies that will support the safe and effective redeployment of observers and at-sea monitors in the region.

Observers and at-sea monitors 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 will continue to monitor all local public health notifications, as well as the Centers for Disease Control and Prevention (CDC) for updates. We are committed to protecting the public health and ensuring the safety of fishermen, observers, and others, while fulfilling our mission to maintain our nation’s seafood supply and conserving marine life.

As has been done throughout the rest of the country, it is the intent of NOAA Fisheries to begin redeploying observers as soon as it is safe and appropriate to do so.  While we intend to begin redeploying observers on August 1, we recognize that this public health crisis continues to evolve and changing conditions may warrant re-evaluating these plans.  Should our plans regarding re-deploying observers and at-sea monitors change, we will announce any changes as soon as practicable.

Fisheries and Oceans Canada: No At-Sea Observers Through August 12

June 29, 2020 — The following was released by Fisheries and Oceans Canada:

Renewal of Fisheries Management Order FMO-2020-03 dated May 15, 2020

Pursuant to Subsection 9 of the Fisheries Act, the Minister of the Department of Fisheries and Oceans gives notice that the Fisheries Management Order dated May 15, 2020 regarding at-sea observer requirements has been renewed. It will remain in effect until August 12, 2020 unless otherwise revoked or amended.

As such, all fishing activities authorized under the Fisheries Act must continue to be carried out without any at-sea observers, unless the following requirements are met:

1. At-sea observer companies have in place safe working procedures related to COVID-19 which align with federal, provincial and or territorial guidelines;

2. Fishing vessels have in place safe working procedures consistent with the At-Sea Observer company’s procedures related to COVID-19;

3. A record of all safe working procedures can be presented to a fishery officer upon request.

Any person authorized to carry out fishing activities under the Fisheries Act is required to not authorize any at-sea observer to come on board any fishing vessel, unless these requirements are met.

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