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Suit challenging new charter boat rules OK’d as class action

June 15, 2021 — Six captains and five companies from Florida and Louisiana can represent others in a lawsuit challenging new federal regulations for nearly 1,300 charter boats across the Gulf of Mexico, a federal judge has ruled.

U.S. District Judge Susie Morgan certified the suit early this month as a class action for the people who take small groups of anglers into the Gulf. She rejected an argument that some charter captains support the regulations.

“The claims and defenses of class representatives are typical of the claims of the class as a whole,” she wrote on June 2.

The lawsuit contends that privacy and other rights are violated by regulations which require permanently active tracking devices on the boats. The suit also challenges requirements to report information including the crew size, number of customers, the fee charged to each and the amount and price of fuel.

Although the regulations took effect in January, the government has not yet set a date for requiring the devices, said Judy Pino, spokeswoman for the nonprofit law firm New Civil Liberties Alliance, which represents the captains.

Read the full story at the Associated Press

Gulf of Mexico charter operators fight back against lawsuit mandating electronic monitoring

June 15, 2021 — A week after receiving class-action status in its lawsuit against the U.S. Department of Commerce, NOAA, and NOAA Fisheries, a nonpartisan civil rights group has filed an amended lawsuit regarding NOAA Fisheries plan to monitor charter boats in the Gulf of Mexico.

A group of 11 small businesses and fishing-boat owners claim that a policy requiring electronic monitoring and reporting infringes on their operations. Last July, NOAA Fisheries issued an order to electronically submit reports for each fishing trip, even if no fish were caught. It also requires boats to notify the agency before departing on any kind of trip.

Read the full story at Seafood Source

Can Cameras Replace Observers on Fishing Vessels?

March 22, 2021 — A 360-degree camera observes the deck of a boat off New Zealand. As the fishers bring up their lines, they find they have ensnared a black petrel. The bird, with its black feathers and pale-yellow hooked beak, breeds only in New Zealand and is one of about 5,000 adults worldwide. Nobody on board noticed it diving into the water and getting trapped. The boat’s main fishing line is tens of kilometers long, with thinner subsidiary lines branching off. From these lines hang barbed hooks.

The New Zealand government and conservation bodies have been working to reduce rare bird bycatch. The fishers hurry to remove the petrel and return it to the ocean before the onboard observers see what’s happened. But the camera sees and uploads all.

The authorities hope to use electronic monitoring like this to find out how many black petrels die every year after being caught in fishing gear, and if the fishing vessels are taking measures to prevent it.

Thankfully, this was just a drill, the bird a dummy bought on board by the crew. They’re working with the government, helping to train software to identify black petrel bycatch.

Read the full story at The Maritime Executive

Reminder of Upcoming Webinars for the New South Atlantic and Gulf of Mexico For-Hire Electronic Reporting Requirements

December 14, 2020 — The following was released by NOAA Fisheries:

Background

  • NOAA Fisheries and the South Atlantic and Gulf of Mexico Fishery Management Councils are implementing the new Southeast For-Hire Electronic Reporting Program in January 2021.
  • The intent of the program is to provide more timely catch information by federally-permitted charter vessels, to enhance data collection, and provide accurate and reliable fisheries information about catch, effort, and discards to be used in future population assessments and management evaluations.

Southeast For-Hire Reporting Webinar Information and Registration

  • Please join us as we walk you through the reporting process and answer your questions. The webinars will be recorded and available to the public.
  • For Gulf of Mexico permit holders:
    • December 15, 2020 10:00 AM-12:00 PM EST (Register here)
    • December 15, 2020 6:00 PM to 8:00 PM EST (Register here)
  • For South Atlantic permit holders:
    • December 16, 2020 10:00 AM-12:00 PM EST (Register here)
    • December 16, 2020 6:00 PM to 8:00 PM EST (Register here)

Please Note: All permit holders should have received an informational toolkit with additional program information via US Postal Service.  These tool-kits and instructional videos are also available online at: https://www.fisheries.noaa.gov/southeast/recreational-fishing-data/southeast-hire-electronic-reporting-program.  The website also provides information on the webinars including how to register and attend.

If you have any questions or did not receive a toolkit, please call our customer service hotline (available from 8:00-4:30, EST, Monday through Friday) at 1-833-707-1632 or email us at ser.electronicreporting@noaa.gov.

PFMC: Ad Hoc Groundfish Electronic Monitoring Policy Advisory Committee and Technical Advisory Committee to meet January 20-21, 2021

December 8, 2020 — The following was released by the Pacific Fishery Management Council:

The Pacific Fishery Management Council’s (Pacific Council) Ad Hoc Groundfish Electronic Monitoring Policy Advisory Committee and Technical Advisory Committee (Committees) will hold three online meetings, which are open to the public.  The meetings will be held Wednesday, January 20, 2021 (9 a.m. to 4 p.m.), Thursday, January 21, 2021 (9 a.m. to 12 p.m.) and Thursday, February 25, 2021 (9 a.m. to 4 p.m.), Pacific Standard Time, or until business for each day is completed.

Please see the Ad Hoc Electronic Monitoring committees online meeting notice on the Council’s website for purpose and participation details.

For further information:

  • Please contact Pacific Fishery Management Council staff Brett Wiedoff at 503-820-2424; toll-free 1-866-806-7204.

Electronic monitoring grants will benefit Alaska fisheries

November 30, 2020 — Two Alaska fisheries are among the beneficiaries of new national grants to modernize data management systems to ensure sustainable fisheries in the Gulf of Alaska, Bering Sea and Aleutian Islands through electronic monitoring.

One grant for $185,104 went to the Alaska Longline Fishermen’s Association which matched those funds with another $213,500, for a total of $398,604.

The other, for $908,862, went to United Catcher Boats in Seattle, which added $1,385,854, for a total of $2,294,716.

ALFA will use its share to develop lower cost electronic monitoring hardware, test automated real-time feedback to vessels on image quality and support stakeholder engagement in fisheries management forums relevant to electronic monitoring in the Alaska fixed gear fishery. The project will also explore ways to improve image quality and cost effectiveness of electronic monitoring through the development of new electronic monitoring systems and deployment methods, ALFA officials said,

UBC will focus on scaling up existing efforts to evaluate the feasibility and cost efficiency of using electronic monitoring systems on Bering Sea and Gulf of Alaska Pollock pelagic trawl catcher vessels to monitor compliance with retention regulations. The project will demonstrate the feasibility of electronic monitoring at scale and improve data quality, timeliness and cost-efficiency for salmon bycatch accounting and detecting and quantifying groundfish discards, according to UBC.

Read the full story at The Cordova Times

McMurdo/Orolia OmniCom Vessel Monitoring System Approved for Use

September 21, 2020 — The following was released by NOAA Fisheries:

On September 15, 2020, McMurdo/Orolia’s “OmniCom” vessel monitoring system (VMS) was approved for use by commercial fishing vessels with federal permits requiring the use of VMS in the Greater Atlantic Region (GAR).

The Omnicom VMS unit meets all NOAA VMS and GAR position and software reporting requirements and is available for installation from Orolia and their registered dealers. The unit operates on the Iridium satellite network. For more information, refer to the OmniCom datasheet or contact Orolia client care at 800-262-8722.

A complete list of approved VMS units in the Greater Atlantic Region is available online.

Questions?

Contact: the Northeast VMS Team at 978-281-9213

Fishing Year 2021-22 Sector At-Sea and Electronic Monitoring Provider Applications

September 18, 2020 — The following was released by NOAA Fisheries:

NOAA Fisheries is currently accepting at-sea and electronic monitoring applications from providers interested in providing monitoring services to groundfish sectors for fishing years 2021 and 2022.  The deadline to submit an application is October 19, 2020.

If you would like to provide either at-sea monitoring (ASM) or electronic monitoring (EM) services to groundfish sectors in fishing years 2021 and 2022 (May 1, 2021, through April 30, 2023), you must submit an application by October 19, 2020.  Applications must include a cover letter and the information and statements identified in the regulations at 50 CFR 648.87(b)(4) and (5).  In your cover letter, please specify whether you are interested in providing ASM services, EM services, or both.  Service providers interested in providing both ASM and EM services must develop separate ASM and EM deployment plans to meet the service provider performance standards [§ 648.87(b)(4)(ii)(A)].

We will review your application in accordance with the third-party monitoring provider standards [§648.87(b)(4)].  For currently operating at-sea monitoring providers, our review will also include an evaluation of your past performance in comparison to the at-sea and electronic monitoring operational standards [§ 648.87(b)(5)], to determine whether to approve your company for fishing years 2021 and 2022.  Please review the regulations for at-sea and electronic monitoring provider and operational standards carefully, including the requirements for signed statements.

Approvals will cover both fishing year 2021 and fishing year 2022, and final decisions will be published in the Federal Register.  There will be a subsequent opportunity to apply to be approved as an ASM and/or EM provider only for fishing year 2022.

Please use Kiteworks, a secure file-sharing service, to submit the requested document.

Visit our web site for more information on groundfish sectors and provider applications.

Satlink leading shift from human fishery observers to land-based electronic monitoring

August 11, 2020 — Madrid, Spain-based Satlink, which specializes in technological solutions and developments based on satellite communications, has launched a program designed to train on-board human fishery observers to perform fishery monitoring through video data and satellite imaging.

The program will give regional fishery management organizations (RFMOs), governments, and fishing companies a method of observational compliance that sidesteps complications regarding placing observers on-board vessels during the coronavirus pandemic.

Read the full story at Seafood Source

NOAA Fisheries’ Procedural Directive on Data Retention for 3rd-Party EM Programs

April 6, 2020 — The following was released by NOAA:

NOAA Fisheries has reviewed the feedback and developed final guidance for Councils and NOAA Fisheries to develop data retention requirements for EM programs. As part of this guidance, our recommendation is that programs retain electronic monitoring (EM) data for at least 12-months once fishing is over and the catch monitoring processes are completed. This recommendation balances the fishing industry’s request to reduce unnecessary costs, while considering the length of time data must be retained to meet various program objectives. As noted in this guidance, as we learn more about program functions and costs, we can revisit this guidance in the future. The final procedural directive is published here and is attached.

NOAA Fisheries published a draft procedural directive in August 2019 on how long to retain data collected under an EM service provider “third-party” model. In these programs, the fishing industry is responsible for the data storage costs. As you know, the use of EM is an effective tool for collecting critical fishery-dependent data for science and management purposes. Unlike traditional means of data collection in fisheries (e.g., via at-sea observer programs or logbooks), the raw EM data video, imagery, or sensor data during fishing operations—can require substantially more storage capacity and make up a large portion of EM costs. We appreciate the expressed concerns over EM data storage costs, received and responded to input, and expect this guidance will resolve some uncertainty as EM programs continue development. We recognize there are other remaining questions too, such as retention of federal records. NOAA Fisheries is working on this issue and will provide an update shortly.

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