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Coast Guard finds federal fisheries violations aboard 5 recreational fishing vessels

July 17, 2019 — PORTSMOUTH, Va. — The following was released by the U.S. Coast Guard, along with a correction from a previous release:

Correction: the vessels found to be in violation by not having their Federal Fisheries Permit were recreational and not commercial fishing vessels.

The crew of Coast Guard Cutter Rollin Fritch found five recreational vessels fishing for highly migratory species without Federal Fisheries Permits, a violation discovered during the routine boarding process over the weekend near Oregon Inlet, N.C. 

Recreational fishing in federal waters without the appropriate permit violates the Magnuson-Stevens Act.  Fishermen found in violation of this act can be subject to fines up $3,750.

“Applying for and maintaining a Federal Fisheries Permit and abiding by appropriate catch limits facilitates NOAA’s ability to regulate overfishing keeping the species healthy,” said Lt. Brittany Fifer, Commanding Officer of the Coast Guard Cutter Rollin Fitch. “The Federal Fisheries Permit program levels the playing field for all fisherman.”

Information about fishing permits to include the acquisition process can be found on the National Marine Fisheries Service website. For any additional questions, please call 1-888-872-8862.

Conservation Group Sues NMFS Over West Coast Anchovies For a Second Time

July 8, 2019 — SEAFOOD NEWS — The more things change, the more they stay the same.

In this case, NMFS issued a final rule regarding management of the central subpopulation of anchovy off California, and the conservation group Oceana sued. NMFS applied best available science and approved policy to update the rule using recent biomass estimates, as directed by the Court, and re-filed it last month. Oceana sued again last week.

The lawsuit against the National Marine Fisheries Service was filed over the agency’s “continued failure to prevent overfishing, use the best available science, or account for the food needs of ocean animals in managing anchovy,” Oceana said in a press release.

The rule established a multi-year, unchanging catch limit for anchovy that does not account for the frequent, and sometimes rapid, cycles of booms and busts in the size of this population, Oceana said. The final rule is a near carbon copy of an earlier proposal by the Fisheries Service in 2016 that was struck down in court because it did not use best available science and did not prevent overfishing.

Oceana, represented by Earthjustice, said NMFS continues to manage certain fish populations, including northern anchovy, by setting multi-year catch limits that stay in place regardless of the population’s status. The complaint, filed in the U.S. District Court for the Northern District Court of California, claims that in failing to actively manage the anchovy population based on current population size, NMFS has again failed to use the best available science, prevent overfishing and ensure adequate forage fish for dependent predators, the press release said.

The recent NMFS final rule employed the same harvest policy as originally approved and updated the reference points based on recent years of anchovy biomass estimates. The new overfishing limit, which represents a long-term average maximum sustainable yield, is close to the original estimate. The acceptable biological catch and annual catch limit also conform with the original harvest policy, which is based on 25% of the OFL. The anchovy population is acknowledged to be close to historic abundance, which is why the numbers are similar, industry members say.

The NMFS acoustic trawl survey method on which the management levels are based is at the heart of the issue. Both the California Wetfish Producers Association and the West Coast Pelagic Conservation Group say the survey does not capture an accurate picture of the anchovy biomass; for example, it misses the nearshore areas that anchovy frequent as well as the upper 10 meters of the water column, the acoustic “dead zone.” The model used to estimate anchovy biomass also is missing critical age information from earlier decades.

“… despite Oceana’s claim that acoustic trawl surveys are ‘state of the art’ science, the 2018 Acoustic Trawl Methods Review down-weighted the AT survey biomass estimates to a ‘relative’ index of abundance because it omits a substantial portion of the biomass inshore of the existing survey tracks, as documented by our collaborative [California] Department of Fish and Wildlife aerial surveys,” CWPA Executive Director Diane Pleschner-Steele said in an email.

Both the CWPA and WCPCG have developed collaborative methods to survey the nearshore areas for forage fish utilizing exempted fishing permits. The groups are working with both state and federal researchers to get a fuller picture of the anchovy — and other pelagic species — stock.

Oceana representatives have said the acoustic trawl survey, with the state-of-the-art technological equipment, does represent the best available science. Industry members argue that the best equipment and a model that relies primarily on that data does not represent the “best science” since it cannot survey many areas where the anchovy spend much of their time.

“We remain frustrated that the Fisheries Service continues to ignore state of the art fish population surveys produced by their own scientists when deciding how many anchovies fishermen can catch on an annual basis,” Geoff Shester, Oceana California Campaign Director and Senior Scientist, said in a statement, noting that predators such as other fish, whales, pelicans, sea lions depend on anchovies and other forage fish species.

“Oceana has dismissed concerns industry has expressed about the survey, such as lack of data on the inshore components of the stock,” WCPCG member Mike Okoniewski said in an email. “While industry is actually working collaboratively with the science centers and state agencies to explore alternative survey methodology … , we wonder why Oceana would rather litigate, than collaborate with ongoing efforts the science staff and industry are undertaking to gain a better knowledge about the population size and behavior of our coastal pelagic stocks?”

Meanwhile, Pleschner-Steele said California fishermen have ben seeing abundant anchovy since 2015. At least now NOAA’s acoustic surveys are beginning to validate fishermen’s observations to a degree, but the still missing nearshore component is a problem that has been recognized as necessary to fully assess the central anchovy stock. The stock historically fluctuated between very high and very low abundance, even absent any fishing activity. The Pacific Fishery Management Council and NMFS have established a very precautionary management approach by capping the harvest at 25 percent of the estimated OFL. The harvest rule is based on a long-term average biomass, not a single-year stock assessment. Even with a 25,00 mt harvest cap, fishermen have landed far less, averaging only 8,000 mt per year or less.

“Industry will always have more ‘sea’ time than the survey or research ships. Our livelihoods depend on what we observe,” Okoniewski said. “While we are not scientists we do first hand surveillance of these stocks and their environment. This has motivated us to work more closely with the scientific staff, and in most cases this has been reciprocated by the science community. Coastal Pelagic stocks are difficult to survey and fishery observations often differ from scientific observations. We believe it is best to work together to resolve some of these differences in observation.”

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

US operator to slash Pacific tuna fleet, citing lack of gov’t support

July 3, 2019 — The South Pacific Tuna Corporation (SPTC), a major player in the US-flagged tuna fleet based in the US territory of American Samoa, will sell eight purse seiners and lay off a dozen captains by year-end, the company said.

The company will also make cuts at its corporate office in San Diego, California, as it cuts its fleet to six vessels.

Doug Hines, SPTC’s executive director, cited a lack of US government interest and support as the major drivers behind the decision.

“Our fleet reduction is due in part to the US government’s continued lack of support and the lack of interest in ratifying the 1988 South Pacific Tuna Treaty, renegotiated in 2016,” said Hines said. “Despite our efforts to work with the Trump Administration, the National Marine Fisheries Service has not reciprocated and continues its overly aggressive compliance and enforcement actions.”

SPTC suggested in a press release that the diminishing of the US fleet in the western Pacific will mean a decline in US influence in the region during a time when China, Korea, and Russia take a larger role.

“In the global priorities of the US Government, the Western Pacific has become an afterthought,” said Hines. “But as president Ronald Reagan recognized in 1988, the South Pacific Tuna Treaty is a critical step to ensuring American vessels and commerce continue to lead in the region and the world. The reduction of the U.S. fleet will be a devastating blow for the international policy community as well as the Western Pacific sustainable fishery ecosystem.”

Read the full story at Undercurrent News

WPRFMC: BiOp Shows Hawai’i Longline Swordfish Fishery Poses No Jeopardy to Sea Turtles

July 2, 2019 — SEAFOOD NEWS — The National Marine Fisheries Service issued a biological opinion last week that shows the Hawai’i shallow-set longline fishery does not jeopardize loggerhead or leatherback sea turtles, according to the Western Pacific Regional Fishery Management Council.

The Council deferred making final recommendations on the management of loggerhead and leatherback sea turtle interactions in the fishery three times since October 2018 as it awaited the final document. It again deferred action as the 500-page document was provided to Council members only 30 minutes before it took up the issue on its agenda during last week’s meeting.

Council Member Michael Goto noted the gravity of the BiOp. The fishery, which accounts for half of the U.S. swordfish production, is currently closed due to a settlement made in the 9th Circuit Court, which found inconsistencies in the previous 2012 BiOp. Goto argued against making “a snap decision on a process that took almost a year to complete,” he stated in a press release. ” … In my opinion, the review can’t be done within the course of day.”

To ensure Council members have time to read the 500-page document, the Council will take up final action during a special meeting to be held by teleconference in late July or early August. In advance of this meeting, the Council will convene its Scientific and Statistical Committee and the Hawai’i Advisory Panel to review and make recommendations for Council consideration.

The Council’s initial recommendation was to manage the fishery under annual fleet-wide limits of 16 leatherbacks and 36 loggerheads. It also recommended trip limits of two leatherback and five loggerheads per vessel. Once either limit is reached, the vessel would be required to immediately return to port after which they may resume shallow-set fishing. The fishery has 100 percent observer coverage to monitor every turtle interaction encountered by a shallow-set vessel.

The final BiOp authorizes the accidental hooking and subsequent release of 21 leatherbacks and 36 loggerheads. However, if the fleetwide leatherback interaction reaches 16, the BiOp requires the fishery be closed for the remainder of the calendar year, according to the WPRFMC statement. The final BiOp also includes the Council’s recommended trip limit of two leatherbacks or five loggerheads per vessel per trip. However, once a vessel reaches this trip limit twice in a year it can no longer shallow-set fish for the remainder of the year.

Furthermore, the following year that vessel would be allowed to reach the trip limit only once before it is prohibited from shallow-setting for the remainder of the year. There is no hard cap required in the new BiOp for loggerhead turtles, which has a stable and increasing population.

During public comments on this item, Hawaii Longline Association Executive Director Eric Kingma said that, since 2004, the fishery has been operating under the most restrictive regime possible for the fishery, including hard caps for sea turtle interactions, 100 percent observer coverage, gear and bait requirements, release and handling requirements, set limits and set certificates. Those measures reduced the fishery’s interactions with sea turtle by more than 90 percent and are now the standards internationally for shallow-set fisheries for swordfish

“This fishery is not jeopardizing the continued existence of these sea turtle populations, or any other ESA-listed population,” Kingma said in the press release. He described the measures as “overly punitive” and “not consistent with the impact. … [We] have a highly regulated fishery, one of the most regulated fisheries in the world, the most highly monitored regime, 100 percent observer coverage. You can’t get any more certain than that. … And we know the impact. The impact on these species is non-jeopardy.”

Kingma said HLA supports the trip limits but not the hard caps because they are “a blunt measure that is not the appropriate match to the impact.” Furthermore, HLA supported the Council deferring because “no one should be put in that position where they have to make a decision upon receiving a 500-page document,” Kingma said in the release.

In related matters, the Council also requested NMFS complete the Endangered Species Act Section 7 consultations for the Hawai’i deep-set and American Samoa longline fisheries by Sept. 1, and for the U.S. tropical purse-seine fishery by Oct. 1. The Council further requested that NMFS provide the Council with any draft Reasonable and Prudent Measures or Reasonable and Prudent Alternatives prior to the release of the entire draft BiOp, as well as the full draft BiOp.

The following was released by SeafoodNews.com, a subscription site. It is reprinted with permission.

Hawai’i Longline Fishery for Swordfish Poses No Jeopardy to Sea Turtles, Federal Managers to Finalize Turtle Interaction Measures This Summer

June 28, 2019 — The following was released by the Western Pacific Regional Fishery Management Council:

A long-awaited final biological opinion (BiOp) on the Hawai’i shallow-set longline fishery was released today by the National Marine Fisheries Service. It shows the fishery does not jeopardize loggerhead or leatherback sea turtles.

The Western Pacific Regional Fishery Management Council has deferred making final recommendations on the management of loggerhead and leatherback sea turtle interactions in the fishery three times since October 2018 as it awaited the final document. Today it again deferred action as the 500-page document was provided to them only 30 minutes before it took up this item on its agenda.

Council Member Michael Goto noted the gravity of the BiOp. The fishery, which accounts for half of the US swordfish production, is currently closed due to a settlement made in the 9th Circuit Court, which found inconsistencies in the previous 2012 BiOp. Goto argued against making “a snap decision on a process that took almost a year to complete. … In my opinion, the review can’t be done within the course of day,” he said.

To ensure Council members have time to read the 500-page document, the Council will take up final action during a special meeting to be held by teleconference in late July or early August 2019. In advance of this meeting, the Council will convene its Scientific and Statistical Committee and the Hawai’i Advisory Panel to review and make recommendations for Council consideration.

The Council’s initial recommendation was to manage the fishery under annual fleet-wide limits of 16 leatherbacks and 36 loggerheads. It also recommended trip limits of two leatherback and five loggerheads per vessel. Once either limit is reached, the vessel would be required to immediately return to port after which they may resume shallow-set fishing. The fishery has 100 percent observer coverage to monitor every turtle interaction encountered by a shallow-set vessel.

The final BiOp released today authorizes the accidental hooking and subsequent release of 21 leatherbacks and 36 loggerheads. However, if the fleetwide leatherback interaction reaches 16, the BiOp requires that the fishery be closed for the remainder of the calendar year. The final BiOp also includes the Council’s recommended trip limit of two leatherbacks or five loggerheads per vessel per trip. However, one a vessel reaches this trip limit twice in a year it can no longer shallow-set fish for the remainder of the year. Furthermore, the following year that vessel would be allowed to reach the trip limit only once before it is prohibited from shallow-setting for the remainder of the year. There is no hard cap required in the new BiOp for loggerhead turtles, which has a stable and increasing population.

During public comments on this item, Eric Kingma, Hawaii Longline Association executive director, said that, since 2004, the fishery has been operating under the most restrictive regime possible for the fishery, including hard caps for sea turtle interactions, 100 percent observer coverage, gear and bait requirements, release and handling requirements, set limits and set certificates. Those measures reduced the fishery’s interactions with sea turtle by more than 90 percent and are now the standards internationally for shallow-set fisheries for swordfish.

“This fishery is not jeopardizing the continued existence of these sea turtle populations, or any other ESA-listed population,” Kingma said. He described the measures as “overly punitive” and “not consistent with the impact. … [We] have a highly regulated fishery, one of the most regulated fisheries in the world, the most highly monitored regime, 100 percent observer coverage. You can’t get any more certain than that. … And we know the impact. The impact on these species is non-jeopardy.”

Kingma said that HLA supports the trip limits but not the hard caps because they are “a blunt measure that is not the appropriate match to the impact.” He said that HLA supported the Council deferring because “no one should be put in that position where they have to make a decision upon receiving a 500-page document.”

In related matters, the Council today alsorequested that NMFS complete ESA Section 7 consultations for the Hawai’i deep-set and American Samoa longline fisheries by Sept. 1, 2019, and for the US tropical purse-seine fishery by Oct. 1, 2019. The Council further requested that NMFS provide the Council with any draft Reasonable and Prudent Measures or Reasonable and Prudent Alternatives prior to the release of the entire draft BiOp, as well as the full draft BiOp.

Under the Magnuson-Stevens Fishery Conservation and Management Act of 1976, the Council has authority over fisheries seaward of state waters in Hawaiʻi and other US Pacific Islands. For more information, go to www.wpcouncil.org; email info@wpcouncil.org or phone (808) 522-8220.

Study calls for urgent action to save right whales

June 25, 2019 — A new study published last week underscores the urgency of the National Marine Fisheries Service (NMFS) taking decisive action to protect the North Atlantic right whale from extinction. North Atlantic right whales are among the most endangered whales in the world, with a population numbering no more than four hundred and eleven.

The study, published in the scientific journal Diseases of Aquatic Organisms, reveals how humans are pushing the North Atlantic right whale to extinction. The study examined the cause of death for 70 dead right whales from 2003 to 2018 and found that over 88% of the deaths were attributable to ship strikes and entanglement in fishing gear. The study also found that right whale entanglement mortalities increased from 21% in the study period 1970 to 2002 to 51% from 2003 to 2018.

Despite these alarming statistics, the United States has failed to implement decisive measures to reduce entanglements of the right whale in fishing gear. Plans to implement regulations appear to have stalled due to opposition from some sectors of the fishing industry. This spring, PEER sought documents from NMFS regarding right whale entanglements. PEER received hundreds of pages of redacted documents, and virtually nothing indicating that NMFS was taking serious action to save the whales. Last week’s study stressed the need for swift action, stating, “These cumulative mortalities are also unsustainable at the population level, so urgent and aggressive intervention is needed to end anthropogenic mortality in this critically endangered species.”

Read the full story at the New Bedford Standard-Times

California king salmon landings up sharply, bringing down prices

June 25, 2019 — King salmon harvesters in nothern California are enjoying the most plentiful catches they’ve seen in a decade, which is driving prices lower, the San Francisco Chronicle reported.

According to the newspaper, no official landings data is available yet but it appears from anecdotal evidence that the National Marine Fisheries Service underestimated the number of kings returning to the San Francisco Bay area and the US state’s central coast. Some 380,000 kings were expected this year, compared to 224,000 last year but those numbers appear to be low.

Read the full story at Undercurrent News

Rep. DeFazio Applauds Fisheries Decision to Use Electronic Monitoring

June 25, 2019 — Congressman Peter DeFazio is applauding a decision by the National Marine Fisheries Service to allow ground vessels in the Pacific Northwest to monitor their catch restrictions electronically instead of using expensive on-board human observers.

DeFazio said he has been pushing for years to get rid of “onerous restrictions on our coastal fishing industry”. He said lifting what he called “an outdated rule” will finally level the playing field between Pacific Northwest and Alaska fisherman and many of the nation’s other fishers, who are “not subject to the same archaic rules”.

Read the full story at KQEN

Western Pacific council’s science panel makes recommendations for bigeye

June 24, 2019 — The scientific and statistical committee (SSC) for the Western Pacific Regional Fishery Management Council (WPRFMC) has recommended that no catch limits be set for longliners pursuing bigeye tuna near the three US territories in Pacific Ocean — American Samoa, Guam and the Commonwealth of the Northern Mariana Islands — from 2020 until 2023.

The panel also recommended that each of the territories be allowed to allocate up to 2,000 metric tons to federally permitted Hawaii longline vessels.

The SSC’s recommendations came during a three-day meeting concluded in Honolulu, Hawaii, on Thursday, and preceded a meeting by the WPRFMC to be held in the same city, June 25-27, where bigeye tuna catch and allocation limits will be on the agenda.

Small, developing states in the Pacific don’t have longline-caught bigeye quotas, the council explains on its website, but under an amendment to its pelagic fishery ecosystem plan, the US’ National Marine Fisheries Service (NMFS) has the authority to specify annual catch and allocation limits for the three US territories. In recent years, each US territory had a 2,000t limit and authority to allocate up to 1,000t.

Read the full story at Undercurrent News

Camera Systems Offer New Option for Tracking West Coast Groundfish Catches

June 21, 2019 — The following was released by NOAA Fisheries:

Two types of fishing vessels in the West Coast groundfish fleet will have the option of installing cameras beginning in 2021 to monitor their catch as a less costly alternative to human observers who have long filled that role, under a new rule adopted by NOAA Fisheries this week.

The final rule establishes standards for the video camera systems, which are typically activated automatically whenever fishing crews use equipment such as winches to haul in their gear.

The option to switch to electronic monitoring applies to vessels in the Pacific whiting fishery and fixed-gear vessels in the groundfish catch-share fishery, two sectors where analyses showed that it would save fishermen money.

West Coast fishermen pay about $500 per day for a fisheries observer stationed aboard their vessel. Camera systems cost about $10,000 to install, but can save vessels money in the longer term. NOAA Fisheries estimates that electronic monitoring would save fishermen anywhere from about $100 to more than $300 a day, and from $3,000 to $24,000 per year, depending on the fishery and type of vessel.

“Electronic monitoring is not suitable for all fisheries, but there are fisheries where we think it can work and give the fleet another option,” said Melissa Hooper, Permits and Monitoring Branch Chief for NOAA Fisheries’ West Coast Region. The cameras work well for vessels that catch large numbers of a few kinds of fish, for example.

Read the full release here

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