Saving Seafood

Family Fishermen Challenge Illegal, Industry-Killing At-Sea Monitoring Rule

February 20, 2020 — The following was released by Lund’s Fisheries and Cause of Action Institute:

Cause of Action Institute (“CoA Institute”) today filed a lawsuit on behalf of a group of New Jersey family fishermen to block a new regulation that would force them to pay for third-party “at-sea monitors.” The industry-killing rule-which was designed by the New England Fishery Management Council and promulgated by the National Oceanic and Atmospheric Administration and U.S. Department of Commerce-will require certain boats in the Atlantic herring fishery to carry “at-sea monitors” and at their own cost.

The agencies are forcing this requirement on the fisherman despite no statutory authority to do so and in addition to a separate, federally funded observing program. The regulation also has the potential to modify other New England fishery management plans to allow for standardized implementation of additional industry-funded monitoring programs in the future.

“The herring trawl fishery and been vilified and over-regulated, with little demonstrated biological benefit to the herring resource, for too long. If our vessels are forced to pay these at-sea monitoring fees, it may drive some of us out of business, as several boats have already been forced out of the fishery through reduced quotas and burdensome regulation,” said Jeff Kaelin, Director of Sustainability and Government Relations at Lund’s Fisheries, Inc., and representative for the Plaintiffs. “The herring trawl fishery is heavily monitored and regulated already-with everything from exclusion zones covering hundreds of square miles of ocean where we have historically fished, to move-along rules enforced when a mechanical failure may occur. Monitoring New England’s and the Mid-Atlantic’s commercial fisheries is an inherent governmental function. Herring fishermen have worked with the Councils for years in advancing conservation and the sustainability of the herring resource and fishery. The Omnibus Amendment will not benefit those goals in any significant way and has been developed with no Congressional authority for doing so. This is the last straw.”

At-sea monitoring is expected to cost over $700 a trip. Herring fishermen will suffer a drop in income projected as at least 20%, which will challenge companies to remain profitable and subsequently have the effect of driving up costs to lobster and crab fishermen throughout the region. Monitors are required to live with the fishermen at sea, observe their activities, check their compliance with federal regulations, and file reports upon return to the dock. This increased regulatory burden comes despite herring fishermen successfully complying with complex, multi-layered state and federal fishing regulations since the Atlantic herring fishery management plan was adopted in 1999.

As many stakeholders explained in the lead-up to the new regulation, regulators have no statutory authority to require these family fishermen to pay for their own policing. And the process by which the government imposed the new rule for the herring fishery is procedurally suspect. CoA Institute is stepping-in to stop this unlawful overreach. If the industry-funding requirement moves forward, it will imperil one of America’s oldest and most-storied professions.

“The federal government finalized this regulation despite having no authority from Congress to do so. Commercial fishermen and their friends have been raising concerns about the inadequate legal basis for industry-funded at-sea monitoring for years,” said CoA Institute Counsel Ryan Mulvey. “But regulators have ignored these arguments. We cannot let the administrative state push rules that go beyond its power and crush an already-beleaguered industry. We are proud to represent America’s fishermen.”

A copy of the Complaint can be found HERE.

Plaintiffs are represented by CoA Institute counsels Ryan P. Mulvey and Eric R. Bolinder.

Feared return of ‘The Blob’ fizzles as storms churn, chill Pacific Ocean

February 20, 2020 — It looked big. It looked bad. But the marine heat wave that threatened much of the West Coast in the fall of 2019 has mostly dissipated, at least at the surface.

The Northeast Pacific Marine Heatwave of 2019, or NEP19, lasted 225 days and at its peak covered about 3.2 million square miles. It was the second longest-lasting and second-largest such event ever recorded in the northern Pacific Ocean over the past 39 years, according to a blog post by the National Oceanic and Atmospheric Administration (NOAA).

The disturbance decreased below the agency’s classification threshold for a heat wave as of Jan. 5, said Chris Harvey, a fisheries biologist at the agency’s Northwest Fisheries Science Center, on Tuesday.

But while NEP19 is mostly gone, it’s not forgotten: Scientists caution that it is not clear the heat wave is entirely dissipated, or that it will not return. The deep ocean is still retaining significant amounts of heat. Monitoring of sea surface temperature readings from multiple platforms, including satellites, ships and buoys will continue.

Read the full story at The Seattle Times

North Atlantic Right Whales and the Dangers of Vessel Strikes and Entanglement

February 20, 2020 — The following was released by NOAA Fisheries:

Today, there are only about 400 North Atlantic right whales left and it is estimated that only 85 are reproductively active females. The survival and reproductive success of these remaining females and their offspring is critical to right whale recovery.

Female North Atlantic right whales are not living as long as they once did and more females than males have been reported dead in recent years. Today, females make up approximately 40 percent of the population. It is thought that the energetic stress of reproduction makes female right whales more susceptible than males to dying from entanglement or ship strike injuries.

Biologists also believe that injuries and stress caused by long-term entanglements is one of the reasons that females are calving less often. Studies suggest that more than 85 percent of North Atlantic right whales have been entangled in fishing gear at least once. About 60 percent have been entangled multiple times.

Read the full release here

NOAA Fisheries Proposes 2020-2023 Atlantic Deep-Sea Red Crab Quotas

February 20, 2020 — The following was released by NOAA Fisheries:

NOAA Fisheries is proposing specifications for the 2020 Atlantic deep-sea red crab fishery, including an annual catch limit and total allowable landings limit. We are also proposing projected quotas for 2021-2023.

The New England Fishery Management Council recommended increasing the red crab fishery quota 12.7 percent to 2,000 metric tons for fishing years 2020-2023.  Landings from 2013-2018 were below this quota, but have been increasing.

This rule proposes two regulatory updates:

  1. Revising the specifications timeframe from 3 to 4 years to match the recently updated Northeast Fisheries Science Center’s stock assessment schedule.
  2. Removing an outdated and unnecessary regulation that requires the Red Crab Plan Development Team to meet annually to review the status of the fishery.

Read the proposed rule as published in the Federal Register and supporting documents on the Council’s website.

The comment period is open through March 6.

You may submit comments, identified by NOAA-NMFS-2020-0007, by either one of the following methods:

  • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking portal. Go to our e-rulemaking portal, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
  • Mail: Submit written comments to Michael Pentony, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Please mark the outside of the envelope, “Comments on the Red Crab Proposed Rule.”

Read the full release here

NOAA Fisheries Seeks Comments on Proposed Measures for Atlantic Sea Scallop Fishery

February 20, 2020 — The Following was released by NOAA Fisheries:

NOAA Fisheries seeks comment on a proposed rule (Framework 32) to set management measures for the Atlantic Sea Scallop fishery for the 2020 fishing year (April 1, 2020–March 31, 2021).

The landings for fishing year 2020 are projected to be lower than 2019, but still above the historical average. Although the scallop fishery is healthy, results from the 2019 scallop surveys showed that recruitment has not been robust, so the New England Fishery Management Council supported taking a conservative approach.

 Framework 32 to the Atlantic Sea Scallop Fishery Management Plan would:

  • Set specifications for the scallop fishery for fishing year 2020, including days-at-sea, individual fishing quotas, sea scallop access area trips, and the Northern Gulf of Maine Management Program;
  • Set precautionary default 2021 specifications, in case we implement the next framework after the April 1, 2021 start of the 2021 fishing year;
  • Allocate effort into five rotational access areas (Mid-Atlantic, Nantucket Lightship-South-Deep, Nantucket Lightship-North, Closed Area I, and Closed Area II);
  • Allow scallop landings allocated to Closed Area 1 to also be landed in the Mid-Atlantic;
  • Extend the existing seasonal closure in Closed Area II by two additional weeks to reduce bycatch of Georges Bank yellowtail flounder and northern windowpane flounder;
  • Close areas to fishing to protect small scallops and reduce bycatch of flatfish;
  • Modify the one-for-one access area trip exchange requirements to accommodate different access area allocations;
  • Reduce the limited access general category portion of the Northern Gulf of Maine total allowable catch by 3,718 lb to account for an overage in fishing year 2018; and
  • Set payback measures for vessels that fish 2020 default allocation in the Nantucket Lightship-West Access Area, in case we implement Framework 32 after the April 1 start of the 2020 fishing year.

Read the proposed rule as published in the Federal Register. We will be accepting public comments on this rule through March 6, 2020, through the online e-rulemaking portal or by mailing your comments to:

Michael Pentony, Regional Administrator
NOAA Fisheries Greater Atlantic Region
55 Great Republic Drive
Gloucester, MA, 01930

Please mark the outside of the envelope, “Comments on the Proposed Rule for Atlantic Scallop Framework 32.”

Read the full release here

Higher catch limits proposed for haddock

February 20, 2020 — Northeast groundfishermen could have significantly more access to two haddock stocks, American plaice and pollock in the coming fishing season after the New England Fishery Management Council posted revised catch limits to the key stocks.

The council on Wednesday green-lighted triple-digit increases in 2020 catch limits for Georges Bank haddock (129%) and American plaice (100%), as well as a 45% increase in the catch limit for Gulf of Maine haddock as compared to 2019.

It also approved a revised catch limit for pollock that brings the stock’s catch limits closer to 2019 levels. Instead of the 63% reduction initially recommended by the council’s Scientific and Statistical Committee, the council approved a 36% reduction.

Those catch limits must be approved by NOAA Fisheries to go into effect for the new fishing season that begins May 1.

“All four stocks are healthy and well above their spawning stock biomass targets based on the latest assessments,” the council said in its statement on the revised catch limits.

Read the full story at the Gloucester Daily Times

Shark Fin Sale Bans Would Hurt U.S. Fishermen Without Improving Shark Conservation, Management

February 19, 2020 — The following was released by NOAA Fisheries:

The United States has some of the best managed shark fisheries in the world. Our laws and regulations prevent overfishing while maximizing commercial fishing opportunities and the economic value of our shark fisheries. Part of our science-based management is allowing fishermen to sell both the meat and fins of sustainably harvested sharks.

For decades, U.S. fishermen have been barred from removing shark fins and discarding the body at sea, a practice known as shark finning. With a limited exception for smooth dogfish, sharks must be brought to shore with their fins naturally attached. Under current federal law, fishermen and dealers can then remove and sell the fins along with other parts of the shark.

Preventing shark fishermen from selling these fins would not improve domestic conservation and management. We are required by the Magnuson-Stevens Act to prevent overfishing in our shark fisheries regardless of whether fins are allowed to be sold or not. A ban on the sale of shark fins would only regulate which parts of a sustainably harvested shark can be used.

U.S. federal or state bans would also have little impact on the global fin market.The United States exports approximately 1 percent of all globally traded shark fins, and we import an even smaller percentage.

The largest impact of a national shark fin sale ban would fall on our fishermen. Because they have a higher economic value than shark meat, fins are key to any commercial shark operation. If fishermen were required to discard sharks fins that were harvested sustainably under strict federal management, they would have less income.

Domestic bans on harvesting fins would also undermine our efforts to promote international dialogue and negotiations on sustainable shark management. Responsibly participating in the global fin trade allows the United States to showcase our strong conservation and management practices overseas. Dive deeper into misperceptions surrounding the shark fin trade in a new feature story.

NOAA Fisheries is dedicated to preventing overfishing of our shark fisheries. As a global leader in conservation, we are also committed to advancing sustainable shark management practices around the globe. Both of these priorities are possible thanks to our transparent, rigorous, and science-based management process.

Wanted: Fishermen to test net bellies

February 19, 2020 — Small-mesh commercial fishermen in the whiting and other fisheries may be eligible to receive — at no cost — new net technology that has shown promise in significantly reducing bycatch of yellowtail, winter and windowpane flounder.

The project, organized by the Long Island-based Cornell Cooperative Extension Marine Program and funded by NOAA Fisheries, will provide 25 approved fishermen with vouchers that would cover the full $800 cost of a bycatch reduction technology called a large mesh belly panel.

“It’s a concept first tested in 2004 to assist fishermen with concerns and issues to do with bycatch,” said Tara McClintock, a Cornell Cooperative Extension fishery specialist. “We wanted to expand on that work in the small-mesh multispecies fishery.”

McClintock said the panels, which are made of 80-centimeter mesh with 6-millimeter poly-webbing, can be inserted into traditional four-seam, bottom-trawl nets. They replace the original net’s first bottom belly to create larger openings to mitigate bycatch.

She said CCE has performed multiple studies on the innovative net gear aboard industry vessels since 2010, with consistently positive results.

Read the full story at the Gloucester Daily Times

Gulf of Maine Longline Surveys Target Species in Rocky Habitats

February 19, 2020 — The following was released by NOAA Fisheries:

Abundance, distribution, age, and other data are vital for assessing and managing important fish species. To obtain these data, the Northeast Fisheries Science Center’s Cooperative Research Branch works with commercial fishing vessels to conduct annual spring and fall bottom longline surveys in the Gulf of Maine.

The longline survey uses random stratified sampling to detect the abundance and distribution of fish species and how they are changing over time. It focuses on areas where researchers know less about some species and the rougher terrain makes it harder to sample with trawl gear.

The team spent several days this fall staging the 50-foot F/V Mary Elizabeth in Scituate, Massachusetts and 40-foot F/V Tenacious II in East Dennis. In just over 3 weeks, they completed the planned 45 stations on November 2, in a typically breezy New England autumn.

Weather was also on their side in the spring. On May 7, they had completed the 45 stations in the survey in about 2 weeks. To take advantage of the limited fair weather windows that occur during seasonal transitions, each vessel makes multiple 2–4 day trips.

Read the full release here

First Long Term Acoustic Study Tunes Into Cook Inlet Beluga Whale Foraging Ecology

February 19, 2020 — The following was released by NOAA Fisheries:

The first continuous multiyear acoustic monitoring effort across Cook Inlet provides the most comprehensive description of beluga whale seasonal distribution and feeding behavior to date.

This knowledge is critical for understanding and managing potential threats impeding recovery of this endangered population.

“Cook Inlet belugas were listed as endangered in 2008. Despite protective measures, the population continued to decline,” said Manuel Castellote, NOAA Fisheries affiliate/University of Washington/Joint Institute for the Study of the Atmosphere and Ocean biologist who led the study. “We undertook this study to provide information that managers needed to develop an effective recovery strategy.”

Castellote worked in partnership with the Alaska Department of Fish and Game to develop a passive acoustic monitoring program. It recorded beluga movements and foraging behavior within their critical habitat year-round over five years.

“Summer beluga distribution has been well studied, especially in the upper inlet. But information on foraging behavior during the rest of the year was basically nonexistent,” Castellote said. “That knowledge is essential to identify threats impeding the whales’ recovery.”

Read the full release here