Saving Seafood

NMFS Waives West Coast Fishery Observer Requirements

April 15, 2020 — The following notice was released by NOAA. Earlier today, the PFMC recommended suspending West Coast observer coverage. In March, NOAA suspended observer requirements in the Northeast.

As part of our response to the COVID-19 pandemic, and consistent with the authority provided under the Emergency Rule signed on March 24, 2020 (Available at: https://www.fisheries.noaa.gov/action/noaa-fisheries-issues-emergency-action-waive-observer- coverage-case-case-basis), NOAA Fisheries is temporarily waiving the requirement for commercial fishing vessels and first receivers in west coast fisheries to carry a fishery observer or have a catch monitor. The waiver will be in effect beginning on April 16, 2020 for 14 calendar days. This waiver applies to the following requirements:

  • Have 100-percent shoreside and at-sea coverage for vessels and first receivers participating in the Pacific Coast Groundfish Trawl Rationalization Program (50 CFR 660.140(h)(1)(i) and (i)(1), §660.150(j)(1)(i), and §660.160(g)(1)(i);
  • Carry a federal observer if selected in the Pacific Coast Groundfish limited entry fixed gear and open access fisheries (§660.216(a) and §660.316(a)), including California halibut and Oregon pink shrimp fisheries;
  • Carry a federal observer if selected in the Highly Migratory Species (HMS) fisheries (§660.719(a) and (d)); and,
  • Carry an observer as a term and condition of an Exempted Fishing Permits (EFP) issued pursuant to 50 CFR 600.745(b), except for the Deep-Set Shortline EFP for HMS.

This waiver does not apply to trips that are currently underway at sea with an observer onboard or to electronic monitoring (EM) requirements. For vessels using electronic monitoring, this waiver applies to human observers only.

This action is consistent with the Emergency Rule authority to grant waivers for observer requirements under certain circumstances. NOAA Fisheries is granting this limited duration waiver for observer coverage for vessels and processors in west coast fleets based on new social control guidance issued by west coast observer and catch monitor providers. West coast observer and catch monitor service providers (Alaskan Observers Inc., Saltwater Inc. Techsea International Inc., Frank Orth and Associates, and Tenera Environmental) have notified us that they intend to immediately implement policies to address health and safety concerns of the fishing industry and observers associated with the COVID-19 pandemic. Providers intend to implement a policy instituting a 1-to-1 ratio of observers and catch monitors with vessels and plants, and 14-day self-isolation of observers/catch monitors before starting their deployment with their assigned vessel/plant. Providers have requested that NOAA Fisheries temporarily waive coverage requirements in west coast fleets to allow observers/catch monitors time to complete the 14-day self-isolation. I have determined that this situation meets the criteria for a waiver under the Emergency Rule criteria and warrants a temporary waiver for all west coast fleets to allow observers/catch monitors to complete the 14-day self-isolation period before deploying.

From April 16 – April 30, 2020, vessel owners or operators must still notify the applicable observer program before taking a trip and otherwise comply with applicable regulatory and other requirements. NOAA Fisheries will waive the observer coverage requirement for those trips that are randomly selected for observer coverage.

Industry self-reporting of protected species interactions/take is still required.

  • Regulations governing the recordkeeping and reporting of the incidental take of marine mammals are set forth in 50 CFR part 229.
  • Regulations governing the recordkeeping, reporting, and disposal of eulachon, green sturgeon, seabirds, marine mammals, and sea turtles in groundfish landings are set forth at 50 CFR 660.140(g).
  • Boat captains are responsible for reporting to U.S. Fish and Wildlife Service Law Enforcement by the vessel operator within 72 hours of taking an albatross by phoning 360-753-7764 (WA); 503-682-6131 (OR); or 916-414-6660 (CA).

NEXT STEPS

During this waiver period, NOAA Fisheries will evaluate the impact of this observer coverage waiver on the conservation and management of the affected fishery resources and may make adjustments to the fishery and catch accounting system in the future.

The West Coast Regional Office and the Northwest Fisheries Science Center will evaluate the impacts of this waiver on our fisheries and observer programs throughout this period as follows:

  • Monitor fishing activity in comparison to when observers have been deployed, to track continued compliance with legal and regulatory requirements.
  • Evaluate weekly observer/catch monitor availability, ability to travel, and level of fishing effort and landings.
  • Monitor for changes in current health and safety guidelines that we expect would increase observer/catch monitor availability.

Following this initial 14-day waiver, on May 1, 2020, we do not intend to renew the blanket waiver for all fleets. After the end of the waiver period, providers’ social control guidance will likely result in some shortage of observers/catch monitors to meet the coverage needs of all fleets because observers/catch monitors typically serve multiple vessels and plants. However, we anticipate having sufficient observers/catch monitors to maintain the current level of observer coverage in most fleets. We intend to use the Emergency Rule authority to waive individual trips and vessels in lower priority fleets on a case-by-case basis to ensure qualified observers/catch monitors are available for higher priority fleets (i.e., fleets with 100% coverage requirements or bycatch of ESA-listed species).

Observers and catch 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.

For additional information, please contact Ryan Wulff, Assistant Regional Administrator for Sustainable Fisheries at (916) 930-3733 or ryan.wulff@noaa.gov.

Bringing fishing and wind communities together to site U.S. offshore wind projects

April 15, 2020 —  

  

Issues like these are ones where fishermen’s knowledge of the seas they have worked on their whole lives – and previous generations worked on before them – can be invaluable, both for maintaining their livelihoods as offshore wind farms are constructed in or around fishing grounds, and for helping developers make the best decisions for their wind businesses.

Read the full story from the Responsible Offshore Development Alliance at Windpower Engineering & Development

West Coast Industry Frustrated with NMFS’ Inaction to Waive Observers

April 15, 2020 — The West Coast groundfish fleet has been pushing for relief from onboard fishery observers and shoreside catch monitors due to the coronavirus, but NMFS’ message to the fleet: No.

The Pacific Fishery Management Council met via webinar last week and one of the major points of contention was observers on fishing vessels in this era of COVID-19 that includes stay at home and social distancing orders.

Read the full story at Seafood News

PFMC Requests Blanket Waiver on Observer Coverage for West Coast Fisheries

April 15, 2020 — Last week, the Pacific Fishery Management Council unanimously voted (with National Marine Fisheries Service abstaining) to send a letter to NMFS requesting a blanket waiver for observer coverage in all West Coast fisheries with Federal observers, as well as catch monitors in the groundfish IFQ shoreside monitoring program. The letter was sent today. The Council requests that the waiver remain in place as long as the shelter in place orders are in effect for Washington, Oregon, and California.

“In light of the rapid spread of COVID-19 throughout the U.S. since [waiving observer coverage in some situations], the uncertain rate of infection in in many areas, and especially of new information on asymptomatic transmission of the virus, we urge you to now adopt stronger, more proactive protections for public health and the safety of fishermen, observers, and others with whom they have contact,” the letter states. “In particular, the Council requests that NMFS temporarily suspend federally authorized at-sea observer coverage in all West Coast fisheries (including at-sea sectors) and trawl catch share program shoreside catch monitors.”

Read the letter here

Pacific council recommends keeping California sardine catch at 4,000t in 2020

April 13, 2020 — Sardine landings off the coast of the US state of California will stay the same in 2020 if harvesters catch all they are permitted under the limits recommended by the Pacific Fishery Management Council (PFMC), the California Wetfish Producers Association (CWPA) reports.

Despite concerns expressed by environmental groups, the PFMC this week approved repeating the 4,000 metric ton catch target of 2019 in the new season, which begins on July 1, 2020 and ends June 30, 2021, according to a press release from CWPA. A meeting and vote on the matter was held via webinar as a result of COVID-19 concerns.

The decision still requires approval and publication in the Federal Register by the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS).

Read the full story at Undercurrent News

Feds Looking at Protections for Spring-Run Chinook Salmon in Oregon

April 13, 2020 — A petition seeking to extend federal wildlife protections to spring-run Chinook salmon found along Oregon’s coast has merit and could warrant listing the fish under the Endangered Species Act, the Trump administration said Friday.

The spring-run salmon are the main food source for the Southern Resident killer whales, an endangered population of orca living in the Pacific Northwest.

Chinook salmon populations are also found in Washington state, Idaho and California.

The National Marine Fisheries Service (NMFS) decision came after a 90-day review process and means the Chinook salmon could be listed as threatened or endangered pending an additional one-year in-depth analysis.

After the year-long study, the agency could determine that the salmon — scientific name Oncorhynchus tshawytscha — could be listed as a threatened or endangered Evolutionarily Significant Unit, or ESU, under federal law.

The process will allow scientists, commercial fishing representatives, wildlife advocates and others to submit additional information on impacts stemming from protecting the salmon population and its habitat under the Endangered Species Act.

Read the full story at the Courthouse News Service

Lobstermen Vow to Fight for Fishery in Wake of Whale Ruling

April 13, 2020 — A Maine lobster fishing trade group said Monday it will fight for the future of the fishery in court in the wake of a judge’s ruling that the federal government hasn’t done enough to protect rare whales.

U.S. District Judge James Boasberg ruled last week that the National Marine Fisheries Service failed to protect North Atlantic right whales by understating lobster fishing’s ability to kill the whales via entanglement in ropes. The ruling stated a remedy will come in the future, and members of the U.S. lobster industry have said they’re concerned that could mean new fishing restrictions.

Maine Lobstermen’s Association executive director Patrice McCarron said Monday the court has only heard from environmental groups and the federal government so far in the case. She said the group will make sure the judge will “consider evidence about what happens on the water to protect whales.”

Read the full story from the Associated Press at U.S. News

Pacific Fishery Management Council sets 2020 salmon seasons

April 13, 2020 — The following was released by the Pacific Fishery Management Council:

The Pacific Fishery Management Council has adopted ocean salmon season recommendations that provide recreational and commercial opportunities for most of the Pacific coast and achieve conservation goals for the numerous individual salmon stocks on the West Coast. Due to the COVID-19 social distancing requirements, all meetings associated with the decision were held via webinar for the first time in the Council’s history.

The recommendations will be forwarded to the National Marine Fisheries Service for approval by May 6, 2020.

“This year’s package includes some very restrictive seasons in both commercial and recreational fisheries along much of the coast. Uncertainties associated with the effects of the COVID-19 pandemic on markets, angler effort, and critical catch sampling, coupled with low Chinook and coho forecasts, made structuring the fisheries even more challenging this year,” said Council Chair Phil Anderson.

The Council heard reports from commercial, recreational, and tribal representatives about the challenges created by the pandemic, including difficulties in selling seafood to reduced markets, recreational fishery closures to protect public health, needed access to traditional food sources for tribal communities, and the inability to plan for the near future.

Read the full release here

Judge: Failure to Help Whales Skirts Endangered Species Act

April 10, 2020 — A judge has ruled the federal government failed to adequately protect endangered whales from lobster fishing activities, sending the industry and regulators scrambling to figure out what the future holds for one of America’s most lucrative marine industries.

Environmental groups sued the U.S. government claiming regulators’ failure to protect the North Atlantic right whale from harm was a violation of the Endangered Species Act. U.S. District Judge James Boasberg ruled Thursday that the National Marine Fisheries Service did just that by understating lobster fishing’s ability to kill the whales via entanglement in ropes.

Boasberg’s ruling states the service found the “American lobster fishery had the potential to harm the North Atlantic right whale at more than three times the sustainable rate,” but did not take appropriate action about that risk. A remedy will come in the future, the ruling states.

Environmental groups, including the Center for Biological Diversity, which filed the lawsuit, heralded the ruling as a victory in the fight to protect the whales, which number only about 400.

Read the full story from the Associated Press at The New York Times

Pacific Fishery Management Council Approves Pacific Sardine Fishing Levels for 2020

April 8, 2020 — The following was released by the California Wetfish Producers Association:

“One thing everyone agrees on is the need to improve the sardine stock assessment,” stated Marc Gorelnik, vice chair of the Pacific Fishery Management Council. Conducting the meeting via webinar due to COVID-19 concerns, the Council approved management measures for Pacific sardines for the season July 1, 2020 through June 30, 2021, after considering reports from its Scientific and Statistical Committee (SSC), CPS Management Team and Advisory Subpanel and the public. Environmental groups pleaded for more precaution and much lower harvest limits, arguing that the stock assessment indicates that the stock is at low and declining levels, and the National Marine Fisheries Service (NMFS) declared the northern sardine subpopulation as ‘overfished’ in 2019, so the Council must develop a rebuilding plan. However, the Council supported the recommendations of the SSC, management team and advisory subpanel, in light of the fact that the biomass estimate remained essentially the same as last year. So, they approved an Annual Catch Target of 4,000 metric tons for all uses, as in 2019.

“We greatly appreciate the expressions of concern from the management team and advisory subpanel, and the Council’s action based on those concerns,” said Diane Pleschner-Steele, Executive Director of the California Wetfish Producers Association (CWPA). “We thank the Council for hearing us,” she continued, adding, “This conflict is between what fishermen say is out there, based on what they see, and what biologists say, based on insufficient science.” Both fishermen and independent scientific surveys have documented sardine recruitment and growing abundance since 2015. The problem is that NOAA’s sardine acoustic trawl surveys have not seen it, and those surveys have largely driven the stock assessments in recent years.

The 2020 stock assessment reported no evidence of recruitment, but the model used to predict biomass has not updated the age data from the fishery since 2015, because the directed fishery has been closed since that time. To resolve this Catch-22, CWPA submitted an application for an Exempted Fishing Permit (EFP) to the National Marine Fisheries Service (NMFS). The Council unanimously supported this effort, along with the 2020 management measures.

If approved by NMFS, this EFP will allow CWPA to coordinate a closely controlled directed fishing effort to capture sardine schools throughout the year. The California Department of Fish and Wildlife (CDFW) has agreed to sample and age all the landings and provide that data for the next stock assessment.

Another thorny problem that California fishermen are facing is the current scientific assumption that all sardines found in water temperatures above about 62 degrees F are deemed to be ‘southern’ stock sardines that have migrated up from Mexico. Thus, these fish are subtracted from the ‘northern’ sardine stock assessment. This assumption and current management policy have frustrated fishermen, especially in Southern California, because all catches are deducted from the ‘northern’ sardine harvest limit.

This issue, and many more, arose during the Council’s sardine discussion. Environmental groups are now asking the Council to revise the entire management structure to provide more forage for other species. These groups discount the mounting evidence of recruitment and abundance, and ignore the fact that the fishery for the entire CPS complex, including sardine, amounts to less than two percent of the key forage pool, which also includes other forage species. Moreover, scientists widely acknowledge that environmental forcing drives the abundance of sardines and other CPS; these stocks rise and fall based on Mother Nature’s whims, with negligible impact from fishing.

This discussion will likely continue at future Council meetings, as environmental groups campaign to further reduce fishery catches for sardines and other CPS. Meanwhile, CWPA and California sardine fishermen, as well as sardine fishermen in the Pacific Northwest, are committed to conduct the research necessary to improve the sardine stock assessment. If the ‘northern’ sardine stock assessment accurately reflected the abundance of sardines reported by fishermen virtually yearlong (in water temperatures below 62 degrees F), northern sardines would not be considered ‘overfished.’

California fishermen and processors are grateful that the Council considered the issues and uncertainties raised and combined scientific underpinning with practicality and common sense. Balance is a key mandate of the Magnuson-Stevens Fishery Conservation and Management Act. The Council and NMFS are required to consider the needs of fishing communities, not just biology, in developing rebuilding plans. The future of California’s historic wetfish industry hangs in the balance.

Watch a video on the California sardine fishery here