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NOAA Fisheries Announces an Advance Notice of Proposed Rulemaking to Consider the Use of Turtle Excluder Devices by Skimmer Trawl Vessels Less than 40 feet in Length in the Southeastern U.S. Shrimp Fisheries

April 22, 2021 — The following was released by NOAA Fisheries:

KEY MESSAGE:

  • NOAA Fisheries is publishing an Advance Notice of Proposed Rulemaking to request comments on requiring Turtle Excluder Devices (TEDs) on skimmer trawl vessels less than 40 feet in length.
  • As part of our efforts to conserve and recover threatened and endangered sea turtle populations, an existing final rule that becomes effective August 1, 2021 will require TEDs that allow the release of small turtles to be used by skimmer trawl vessels 40 feet and greater in length in the Southeastern U.S. shrimp fisheries.
  • An abundance of small sea turtles in shallow, coastal waters is attributed to numerous ongoing conservation efforts, such as the protection of sea turtle nesting beaches and the required use of TEDs in otter trawls participating in the shrimp fisheries.
  • We have continued testing and analysis of TED designs and use on small skimmer trawls, and now have effective designs that would reduce sea turtle bycatch.
  • We are seeking comments on the potential expansion of TED requirements for skimmer trawl vessels less than 40 feet (12.2 meters) in length, the feasibility of employing these TEDs on smaller length vessels, input on the associated costs of any new TED requirements, and other potential environmental impacts. Comments are due by May 20, 2021.
  • Skimmer trawl operators are currently allowed to use tow times instead of turtle excluder devices, but tow times are not as effective at reducing sea turtle mortality and are difficult to enforce.

HOW TO COMMENT ON THIS ADVANCED NOTICE OF PROPOSED RULEMAKING:

The Comment period is open now through May 20, 2021. You may submit comments by electronic submission (described below) or by postal mail. Comments received after the end of the comment period may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER: 86 FR 20475 published April 20, 2021.

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.

  1. Go to https://www.regulations.gov/search?filter=2021-08108
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Michael Barnette, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. 

Where can I find more information on TEDs, the TED rules, and how to comply with them?

  • The ANPR, recent TED rules, frequently asked questions, and fishery bulletins may be found online at the NOAA Fisheries Southeast Regional Office website at https://www.fisheries.noaa.gov/southeast/bycatch/turtle-excluder-device-regulations.
  • Email at the following: info@noaa.gov

NOAA Fisheries Fact-Checks Orca Bycatch Photo Circulating on Social Media

April 22, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries would like to clear up the disinformation surrounding a photo being circulated on social media of two orca whales taken as bycatch by a trawler in Alaskan waters. NOAA Office of Law Enforcement has confirmed that the photo is from an April 2020 incident. In that case, there were two independent fisheries observers aboard the vessel. The orca takes were reported promptly by the observers and vessel owner/operator to NOAA Fisheries, as required.

We do not have any recent reports of bycatch involving orcas off Alaska.

The United States’ science-based fishery management process is designed to provide optimum yield while preventing overfishing, minimizing bycatch, and protecting habitats where fish live. Section 118 of the Marine Mammal Protection Act allows for the incidental, but not intentional, takes of marine mammals in commercial fisheries. “Take” includes harassment, hunting, capturing, collecting, or killing of marine mammals. However, a marine mammal take is not legal unless it is reported by the vessel owners or operators through the Marine Mammal Authorization Program.

Bycatch of orcas in Alaska fisheries by any gear is very low. While incidental take of any individual marine mammal is concerning, NOAA Fisheries does not consider the low level of interactions between orcas and commercial fisheries in Alaska to have an adverse impact on any orca stock at a population level. No orca stocks in the Alaska region are listed as endangered, threatened, and/or candidate species under the Endangered Species Act.

Through the North Pacific Observer Program, our agency has rigorous methods for tracking catch and bycatch. At least two fisheries observers are required aboard all trawl catcher-processor vessels fishing off Alaska, so every haul is observed.

In addition to information collected by observers, vessel owners or operators must report to NOAA Fisheries all incidental mortalities and injuries of marine mammals that occur during commercial fishing operations. They must be reported within 48 hours of the end of the fishing trip under the law.

Read the full release here

Abundance-based Management of Halibut Bycatch Draws Focus of NPFMC This Week

April 15, 2021 — For six years the North Pacific Fishery Management Council has grappled with shifting the management of halibut bycatch in the Bering Sea trawl fleets by limits set with no correlation to halibut abundance to pinning the limits — and therefore the use of halibut as bycatch — to an abundance-based policy.

The stakes in the fundamental question are high: can the Amendment 80 (A80) fleet catch their annual allotment of flatfish in the Bering Sea throughout the year without exceeding abundance-based limits? The A80 fleet is one of the jewels in the Council’s crown of fisheries management, perhaps second only to the pollock fleet that makes up more than half of the 2 million metric ton sustainable harvest of the Bering Sea. A80 has built a fishery and a market for Bering Sea flatfish as well as other species, but when they are on schools of yellowfin sole and northern rock sole, they also inadvertently catch high levels of halibut, a prohibited species catch (PSC) that they must throw back. However, in the 13 years since A80 was implemented, the fleet has never exceeded their halibut PSC limit.

Read the full story at Seafood News

Dolphin Safe group alleges ‘Seaspiracy’ left out critical details from executive’s interview

March 30, 2021 — An executive with the international organization responsible for the Dolphin Safe tuna label is charging that the producers of the new Netflix documentary “Seaspiracy” took his comments out of context to suggest dolphins are being slaughtered by tuna fishing operations.

Mark Palmer, associate director USA, for the International Marine Mammal Project (IMMP), which is operated by the Earth Island Institute, said he provided the documentary’s film crew with “extensive information on how the Dolphin Safe label is used for the protection of dolphins.”

None of this information was used in the documentary, he said in a post on the group’s website.

Palmer, in one of the more memorable scenes from the film, was asked if his group could guarantee that no dolphins were ever killed in any tuna fishery anywhere in the world.

Read the full story at IntraFish

NOAA Fisheries Releases the 2017 National Report of Marine Mammal Strandings in the United States

March 23, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries’ Office of Protected Resources, Marine Mammal Health and Stranding Response Program has prepared a report on marine mammal strandings and emergency response in the United States for calendar year 2017.

In 2017, there were 5,764 confirmed strandings in the United States. Of these, 1,426 were in the Greater Atlantic Region. While more than 30 different species of marine mammals can be found in the waters of New England and the mid-Atlantic states, the majority of stranding reports involve seals. To read more about strandings in the Greater Atlantic Region check out the regional report.

What Can We Learn From Strandings?

Every marine mammal stranding event is unique and poses different challenges. Organized stranding response by highly trained and authorized personnel best serves the well-being of the stranded animals, and helps manage risks to public health and safety. The U.S. Marine Mammal Stranding Response Network is comprised of more than 100 organizations that provide first response capabilities for cetaceans and pinnipeds (except walrus) that are sick, injured, in distress, or dead.

Data collected from stranded and rehabilitated marine mammals provides valuable information on the biology, physiology, and disease risks of those species, and the lessons learned with species from stable populations can greatly help conservation of threatened or endangered species. For some species, the only information available about its biology and natural history has been gained from stranded specimens. Data collected from live or dead stranded animals can also provide important information regarding human impacts on marine mammals such as interactions between marine mammals and fisheries, vessels, marine debris, or the effects of pollution (oil spills, contaminants, and heavy metals).

Thanks to our Stranding Network partners for the valuable work that they do.

How to Report a Stranded Marine Mammal

If you come across a stranded marine mammal, remain a safe and legal distance from the animal. Please report the animal to the 24/7 hotline 866-755-6622.

The most important information to collect is the date, location of stranding (including latitude and longitude), number of animals, whether the animal is alive or dead, and species, if known.

Questions?

Media: Contact Jennifer Goebel, Regional Office, 978-281-9175

WPRFMC Scientists to Evaluate Prohibiting Wire Leaders in Hawaiʻi Longline Fishery

March 16, 2021 — The Western Pacific Regional Fishery Management Council’s Scientific and Statistical Committee will meet this week to take action on several items, including consideration of longline gear changes that could help give incidentally caught sharks greater opportunity to survive.

Most vessels in the Hawai‘i deep-set longline fishery use wire leaders in the terminal portion of the branchline between the hook and the weighted swivel to reduce the risk of crew injuries resulting from flyback on the vessel. Wire leaders make it difficult to remove the terminal portion of the branch line from sharks or other protected species that cannot be brought onboard. Switching to monofilament nylon leaders would allow crew to remove gear closer to the hook and may facilitate a shark’s ability to break free by biting through the line. Tagging studies show that shorter trailing gear gives sharks a better chance of survival.

Read the full story at Seafood News

From science to fake news: How ocean misinformation evolves

February 25, 2021 — The following was released by Sustainable Fisheries UW:

We have seen this cycle play out in fisheries with the headline that there won’t be any fish in the ocean by the year 2048. It started in 2006 when a group of scientists published a paper with the fun fact that at the rate of fisheries decline from decades ago, there would be no fish by 2048. It was a small part of the paper, meant to highlight a broader point that past fisheries management had been poor. However, the press release that accompanied the paper touted it as a significant finding leading to context-lacking news stories, hyperbolic headlines, and a pervasive notion that there won’t be any fish in the ocean by 2048. The paper’s original authors have stated that their findings are misconstrued and have worked to publish papers correcting them.

Brandolini’s law states that, “The amount of energy needed to refute bullshit is an order of magnitude larger than to produce it.” Fifteen years later, the 2048 myth continues to appear in articles across the internet.

The evolution of a bycatch myth

Now a new myth is rising to prominence: that global bycatch rates are as high as 40%.

Some background: The global authority on world fisheries, the United Nations Food and Agriculture Organization (FAO), defines bycatch as, “the total catch of non-target animals.” This is the widely accepted definition.

Bycatch can be a useful indicator of fishery impacts on the broader ecosystem and provides important data that fishermen and fishery managers use to improve sustainability. Different fisheries have different rates of bycatch with varying degrees of impact. However, an important nuance is that bycatch is used or discarded. Used bycatch is generally accepted as sustainable so long as the non-target species isn’t a threatened species. Discards are wasteful and an unfortunate reality of food production. The most recent research showed that about 10% of fish have been discarded at sea over the past decade.

So how did 10% get inflated to 40%?

In 2009, three people working for NGOs (World Wildlife Fund & Dorset Wildlife Trust) and one unaffiliated person decided to write a paper arguing that the definition of “bycatch” needed to be redefined to include ALL catch from unmanaged fisheries. From their paper:

“The new bycatch definition is therefore defined in its simplest form as: Bycatch is catch that is either unused or unmanaged.”

The authors define “unmanaged” as catch that “does not have specific management to ensure the take is sustainable;” in contrast, a managed fishery will have “clearly defined measures specifically intended to ensure the sustainable capture of any species or groups of species within any fishing operation.” An example they gave in the paper is that, because a 1993 study showed that members of the Indian bottom trawling fleet used nets with illegal mesh, “such a fishery cannot be considered managed, as defined in this paper, [thus] the entire catch of the Indian bottom trawl fleet is considered bycatch.” By their definition, they calculated 56.3% of India’s total catch as bycatch.

Adding up all this calculation for each country brought them to declare 40.4% of the world’s catch as bycatch.

Researchers making arguments in the scientific literature is nothing new. Still, it is surprising to see peer-reviewers and editors accept a paper arguing for redefining a widely accepted and common term that would necessitate a paradigm shift in fishery management. Especially with assumptions that a 1993 finding applied to a 2009 definition.

Regardless, their new definition has not been adopted. FAO still uses the widely accepted definition of bycatch, and I could not find a single authoritative body that uses the WWF & Dorset definition.

However, if you thought the redefined, inflated numbers would lose the nuance of “unused or unmanaged” and would be used as a call to action by advocacy groups, you are correct.

Read the full article here

CALIFORNIA: Innovative fishing gear is being tested to reduce impact on whales and sea turtles

February 22, 2021 — A new collaborative project between environmental groups, the state, scientists, and Dungeness crab fishers is testing innovative new gear designed to reduce the impact of whales and sea turtles getting caught in fishing gear.

This is in response to California’s recent state regulations to reduce the risk of endangered whales and sea turtles getting caught in commercial Dungeness crab gear. The regulations went into effect last November, and when high numbers of humpback whales were sighted off the coast near San Francisco and Monterey Bay, the opening of the commercial Dungeness crab season was delayed by about a month.

Since 2014, the number of interactions between whales and fishing gear has been historically high. In 2019, for example, 26 whales were entangled off the West Coast, 17 of which were humpback whales.

“There’s a vertical line attached to the trap that goes to the buoys at the surface,” said Greg Wells of the National Marine Sanctuary Foundation who is managing the collaborative gear-testing research project. “That’s the part that poses an entanglement risk for whales and other marine life.”

Read the full story at The Monterey Herald

Ropeless gear bill introduced in California statehouse

February 17, 2021 — A bill to require the use of ropeless pop-up gear in Dungeness crab and other trap fisheries by November 2025 was introduced into the California State Assembly on Thursday, Feb. 11.

Dubbed the Whale Entanglement Prevention Act, fishermen say the passage of such a law would be a death knell for the iconic and recently embattled Dungeness crab fishery. But at this point, there isn’t much fear among the fleet, as the bill could be dead in the water.

“I think we’re going to kill it,” said Ben Platt, a Crescent City-based fisherman and president of the California Coast Crab Association. “It’s not going to make it out of committee.”

Assemblymember Rob Bonta (D-Oakland) introduced the bill, AB-534, with two environmental organizations as cosponsors, Social Compassion in Legislation and the Center for Biological Diversity. The latter group filed a federal suit against the state of California in October 2017, arguing an increase in whale entanglements in the Dungeness crab fishery violated the Endangered Species Act.

The spike in whale entanglements from 2015 to 2017 has been attributed to climate change and an extreme marine heatwave that caused ecosystem shifts and habitat compression.

Read the full story at National Fisherman

A month after Trump’s veto, Feinstein refiles driftnet ban bill

February 10, 2021 — A bipartisan bill to end the use of drift gillnets to catch swordfish has been reintroduced in the U.S. Senate a month after then-President Donald Trump vetoed similar legislation.

U.S. Sens. Dianne Feinstein (D-California) and Shelley Moore Capito (R-West Virginia) refiled their bill, entitled the Driftnet Modernization and Bycatch Reduction Act, on Monday, 8 February. The bill calls for a ban on using the mile-long nets that reach 200 feet below the ocean surface.

Read the full story at Seafood Source

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