Saving Seafood

Frustrations Voiced Over Impacts of US Fishing Quotas in the Western and Central Pacific

October 22, 2015 — UTULEI, American Samoa — The following was released by the Western Pacific Regional Fishery Management Council:

Members of the Western Pacific Regional Fishery Management Council, meeting yesterday in Utulei, American Samoa, questioned the high road the United States has taken in international Pacific tuna management and the unfair consequences to fisheries in Hawaii and American Samoa.

“When international regulations cause a fishery to close, I don’t see how we can convince other nations to abide by our standards,” Council Member Michael Goto said. “Fishermen are talking about quitting.”

The Council noted that, when US fisheries are restricted, domestic demand is satisfied by foreign fleets that fall far short of the rigorous standards applied to the US fleets.

Council members addressed the recent two-month closure of the US longline fishery targeting bigeye tuna in the Western and Central Pacific Fisheries Commission (WCPFC) convention area and the ongoing closure of the US purse seine fishery on the high seas and US exclusive economic zone (EEZ) waters in the WCPFC convention area. Both closures were the result of the fisheries reaching US quotas developed by the WCPFC and implemented through federal regulation by NOAA. The Inter-American Tropical Tuna Commission (IATTC) convention area in the Eastern Pacific Ocean remains closed to US longline vessels 24 meters and larger harvesting bigeye tuna. The United States has arguably the lowest quotas in both convention areas and is the only nation to have reached its quotas and restricted its fisheries.

The Council questioned the allocations developed by the WCPFC and recommended that the United States at the 12th regular meeting of the WCPFC invoke Article 10 paragraph 3 of the WCPFC Convention, which was established in 2000 in Honolulu, and work to restore the bigeye catch limit applicable to the Hawaii longline fishery and high seas effort limit for the US purse seine fishery. Current quotas for both US fisheries are below their historic catch levels, and the quota for the US longline fishery for bigeye tuna is scheduled to be further reduced in 2017.

Article 10 paragraph 3 stipulates that, in developing criteria for allocation of the total allowable catch or the total level of fishing effort, the WCPFC shall take into account not only the status of the stocks, the existing level of fishing effort in the fishery, the historic catch in the area and the respective interests, past and present fishing patterns and fishing practices of participants in the fishery but also other criteria. Among these are the extent of the catch being utilized for domestic consumption; the respective contributions of participants to conservation and management of the stocks, including the provision by them of accurate data and their contribution to the conduct of scientific research in the convention area; the special circumstances of a State which is surrounded by the EEZ of other States and has a limited exclusive economic zone of its own; the needs of small island developing States (SIDS), territories and possessions in the Convention Area whose economies, food supplies and livelihoods are overwhelmingly dependent on the exploitation of marine living resources; the needs of coastal communities which are dependent mainly on fishing for the stocks; the fishing interests and aspirations of coastal States, particularly small island developing States, and territories and possessions, in whose areas of national jurisdiction the stocks also occur; and the record of compliance by the participants with conservation and management measures.

Hawaii and the US Territory of American Samoa, a WCPFC Participating Territory, have felt the brunt of the recent closures due to the US quotas developed by the WCPFC. Ninety-seven percent of the Hawaii longline bigeye tuna catch is consumed domestically, according to the United Fishing Agency, Honolulu’s iconic fish auction. The Hawaii longline fishery operates in a region of the Pacific with the lowest impact to the bigeye stock.

The Territory of American Samoa is surrounded on all sides by the EEZ of other nations. In addition, 25 percent of the US EEZ surrounding American Samoa is currently closed to US purse seine and longline vessels due to the Rose Atoll Marine National Monument, created by Presidental executive order, and the Large Vessel Prohibited Area for pelagic fishing vessels over 50 feet in length established by the Council.

A detailed analysis of the dependence of American Samoa on US purse seine vessels delivering to Pago Pago canneries is forthcoming from NMFS. The US government recently denied a petition by Tri Marine Management Company requesting that it open the high seas and US EEZ to US purse seiners delivering at least half of their catch to tuna processing facilities in American Samoa. NMFS said it needed the economic analysis of the impact of the closure and issued an advance notice of proposed rulemaking with the petition denial.

Congresswoman Aumua Amata of American Samoa expressed her disappointment in the decision by NMFS. Addressing the Council yesterday, she said that American Samoa is in dire straits. “It goes back to US government making decisions that are detrimental to American Samoa. We’ve had enough of it. It has got to stop. We don’t have IBM, Coca Cola or Silicon Valley for job creation. We just have the fisheries.”

US Congresswoman Aumua Amata of American Samoa expressed her disappointment in the “US government making decisions that are detrimental to American Samoa …. We don’t have IBM, Coca Cola or Silicon Valley for job creation. We just have the fisheries.”

Va’amua Henry Sesepasara, coordinator of the American Samoa Fishery Task Force, said that the petition Tri Marine filed with NMFS was made as a member of the Task Force. The Task Force was set up earlier this year by Gov. Lolo Matalasi Moliga to protect and sustain the competitive advantage of the Territory’s two canneries. The Task Force includes representation of both StarKist Samoa and Samoa Tuna Processors, a wholly owned subsidiary of Tri Marine.

Lt. Gov. Lemanu P. Mauga in his remarks to the Council yesterday said “StarKist and Tri Marine are our government’s life support in terms of our economy and jobs and our people’s social growth. A good number of American Samoa’s population works at StarKist and Tri Marine.” He asked the Council to imagine what would happen if these two canneries ceased operating because of the federal mandate to raise the minimum wage, the decision to restrict US-based purse-seine vessels on the high seas and exclusive economic zone or American Samoa not being afforded the same opportunity as other SIDS.

Lt. Gov. Lemanu P. Mauga in his remarks to the Council yesterday said “StarKist and Tri Marine are our government’s life support in terms of our economy and jobs and our people’s social growth.”

The Council recommended that the US government ensure that the US Participating Territories to WCPFC are linked with SIDS in terms of WCPFC conservation and management measures and are afforded the same recognition and opportunities as other SIDS in the region. 

Christinna Lutu-Sanchez of the Tautai Longline Association voiced support for all of American Samoa fisheries. “It is about access to fishing grounds. Yes, we are great citizens of the world. But we don’t want to sacrifice our US fleet for the whole entire world.” She noted that tuna is a global commodity and American Samoa fisheries impact a small portion of it.

As attested to by the recent area closures of the Hawaii longline fishery for bigeye tuna and the US purse seine fishery on the high seas and in the US EEZ, US monitoring and compliance with WCPFC conservation and management measures is unsparing if not exemplary. The US longline vessels in Hawaii targeting tuna are required to have 20 percent observer coverage and those targeting swordfish are required to have 100 percent observer coverage. On the other hand, the WCPFC requires a minimum of 5 percent observer coverage, and there is no mechanism in the WCPFC to sanction non-compliance. Council members voiced their frustration with the lack of compliance and monitoring in the fisheries of other nations.

After much deliberation, the Council took action on 20 items related to pelagic and international fisheries, the majority related to the WCPFC.

Other highlights yesterday included Council recommendations regarding redevelopment of the small-scale alia fishery in American Samoa, which was destroyed by a tsunami in 2009; the presentation of a $50,000 check from the Council to the American Samoa Port Administration as the first installment to develop a longline dock at Malaloa; the swearing in of Michael Duenas and Michael Goto as reappointed Council members fulfilling the obligatory seats of Guam and Hawaii, respectively; and recognition of Lauvao Stephen Haleck as this year’s Richard Shiroma Award recipient for his outstanding contributions to the Council. High Talking Chief Lauvao (from Aunu’u) was a former Council member and an active member of the Council’s Advisory Panel when he passed away last month. His wife, Melesete Grohse-Haleck, accepted the award on his behalf.

The Council meeting continues today at the Lee Auditorium in Utulei and is being streamed live at https://wprfmc.webex.com/join/info.wpcouncilnoaa.gov. For more on the meeting, go to www.wpcouncil.org, email info@wpcouncil.org or phone (808) 522-8220. The Council was established by Congress under the Magnuson-Stevens Fishery Conservation and Management Act in 1976 to manage domestic fisheries operating seaward of State waters around Hawai`i, American Samoa, Guam, the CNMI and the US Pacific Island Remote Island Areas. Recommendations by the Council are transmitted to the Secretary of Commerce for final approval. 

American Samoa is surrounded by the EEZ of other countries and has a limited commercial fishing area within the EEZ surrounding it. The WCPFC Convention provides special consideration for these circumstances when developing criteria for allocation of the total allowable catch or the total level of fishing effort.

Fishery Advisors Focus on Mounting Tuna Management Concerns

October 21 2015 — UTULEI, American Samoa — The following was released by the Western Pacific Regional Fishery Management Council:

Meetings leading up to the convening of the 164th Western Pacific Regional Fishery Management Council continued yesterday in Utulei, American Samoa. The Pelagic and International Standing Committee began the day supporting recommendations of the Council’s advisory bodies that met in Utulei on Monday as well as those of the Scientific and Statistical Committee (SSC) and the US Permanent Advisory Committee (PAC) to the Western and Central Pacific Fisheries Commission (WCPFC), which met earlier in the month in Honolulu. Also meeting yesterday were the Program Planning Standing Committee and Executive and Budget Standing Committee. The Council will consider the recommendations of these advisory groups when it meets today and tomorrow at the Lee Auditorium in Utulei.

American Samoa longline vessels docked at Pago Pago harbor.

One topic of concern to multiple advisory bodies is the American Samoa tuna fleet, which consists of longline vessels targeting South Pacific albacore and purse-seine vessels targeting skipjack. The local longline vessels have suffered from reduced catches, possibly due to an unchecked, four-fold increase in the Chinese fleet in the region, while the local purse-seine vessels have suffered from a reduction in their traditional fishing grounds in the Kiribati exclusive economic zone (EEZ) from 4,313 fishing days in 2014 to 300 days this year. Established by the United States for its purse seine vessels, the Effort Limit Area for Purse Seine (ELAPS) includes all areas of high seas and US EEZ between 20 degrees N and 20 degrees S in the WCPFC Convention area, i.e., the Western and Central Pacific Ocean (WCPO). US purse seine vessels have been shut out of the high seas and US EEZ since June 15 when the US purse seiners reached the US limit of 1,828 fishing days.

“American Samoa’s economy is tuna dependent, and it has a tuna fishery that includes the purse seine, longline and alias that are based there,” states the PAC recommendation. “The US needs to advocate for its tuna fishery based in American Samoa.” According to the PAC, current conservation and management measures of the WCPFC that limit high seas days is damaging to the US purse seine fleet and the canneries in American Samoa.One topic of concern to multiple advisory bodies is the American Samoa tuna fleet, which consists of longline vessels targeting South Pacific albacore and purse-seine vessels targeting skipjack. The local longline vessels have suffered from reduced catches, possibly due to an unchecked, four-fold increase in the Chinese fleet in the region, while the local purse-seine vessels have suffered from a reduction in their traditional fishing grounds in the Kiribati exclusive economic zone (EEZ) from 4,313 fishing days in 2014 to 300 days this year. Established by the United States for its purse seine vessels, the Effort Limit Area for Purse Seine (ELAPS) includes all areas of high seas and US EEZ between 20 degrees N and 20 degrees S in the WCPFC Convention area, i.e., the Western and Central Pacific Ocean (WCPO). US purse seine vessels have been shut out of the high seas and US EEZ since June 15 when the US purse seiners reached the US limit of 1,828 fishing days.

Additionally, Council advisory bodies recommend that NMFS expedite its economic analysis of the impacts of the US purse-seineeffort limit rules. A petition filed on May 12 by Tri Marine Management Company to open the ELAPS to US purse seiners delivering at least of half of their catch to tuna processing facilities in American Samoa is being denied by NMFS due to lack of this information. The petition had unsuccessfully invoked the special requirements the WCPFC affords to Small Islands Developing State (SIDS) and Participating Territories, including American Samoa, in recognition of their aspirations to develop their fisheries.

The second issue addressed by multiple advisors concerns bigeye tuna, which has been experiencing Pacific-wide overfishing for decades. The species is targeted by the Hawaii longline fishery, which reached the 2015 US quota of 3,554 metric tons (mt) in the WCPFC Convention area on Aug. 5. The fishery was closed in the WCPO for two months until NMFS on Oct. 9 approved a fishing agreement that allows the Commonwealth of the Northern Mariana Islands (CNMI) to transfer 1,000 mt of its 2,000 mt quota to the Hawaii fishery.

The Council is tasked annually with recommending the bigeye quota for CNMI, American Samoa and Guam. Some advisers say the Council should specify the 2016 US Territory longline bigeyetuna limits at 2,000 mt per Territory or higher based upon scientific assessment that it doesn’t impede international bigeye conservation objectives, whereby 1,000 mt per Territory or more would be authorized to be allocated to US fishermen through fishing agreements approved by NMFS. Other advisors and a majority of the PAC recommend that the United States work to restore the bigeye catch limit applicable to the Hawaii longline fishery. The fishery’s 2009 level established by the WCPFC was 3,763 mt, i.e., the fishery’s 2004 catch of 4,181 mt minus 10 percent. It was noted that the Hawaii fishery is highly monitored, fishes in an area of low impact to the bigeye stock and supplies a local domestic market. It has also recognized the Hawaii longline fishery has been the only longline fishery to close down due to reaching its limit.

The SSC and the PAC propose that the United States at the 12th regular meeting of the WCPFC introduce and strongly advocate for spatial management of the longline fisheries to conserve bigeye. The meeting will be held Dec. 3 to 8 in Bali, Indonesia. The SSC also suggests that work plans be developed to register fish aggregation devices as fishing gear, to research the Eastern Pacific Ocean as a bigeye tuna spawning area and to address observer coverage and monitoring. The PAC agrees that there are serious concerns of an uneven playing field with regards to compliance and monitoring within the WCPFC and recommends that the United States significantly increase its efforts to gain improvements in enforcement and monitoring of fisheries of other WCPFC member countries to a level that is comparable to the United States.

Another common concern of the Council’s advisory bodies is the development of the American Samoa alia (small-scale catamaran) fleet. They recommend that the American Samoa Government allocate money it received for disaster relief to fix the alia in the Manu`a Islands to be seaworthy for fishing. They also suggest the Council work with the local alia fleet and the American Samoa government on training opportunities to improve seafood handling and quality, identification of export markets and reduced freight costs.

Multiple advisory bodies also recommend that the Council select annual catch limits for bottomfish in the US Territories for 2016 and 2017 equal to the acceptable biological catch set by the SSC. This would equate to 106,000 pounds for American Samoa; 66,000 pounds for Guam; and 228,000 pounds for CNMI.

For more on the Council meeting, go to www.wpcouncil.org, email info@wpcouncil.org or phone (808) 522-8220. The Council was established by Congress under the Magnuson-Stevens Fishery Conservation and Management Act in 1976 to manage domestic fisheries operating seaward of State waters around Hawai`i, American Samoa, Guam, the CNMI and the US Pacific Island Remote Island Areas. Recommendations by the Council are transmitted to the Secretary of Commerce for final approval.

WestPac Opposes ‘Uplisting’ Green Sea Turtle As Endangered

October 21, 2015 — PAGO PAGO, American Samoa – Exiting approach imposing “Western perspective” to protect green sea turtles, which are an integral part of history and culture of the Pacific people, has been ineffective, says Kitty M. Simonds, executive director of the Western Pacific Regional Fishery Management Council [WestPac] in Honolulu.

Simonds’ concerns were outlined in her 13-page letter providing comments and information to the US National Marine Fishery Service’s (NMFS) proposed listing of eleven Distinct Population Segments (DPS) of green sea turtles as endangered or threatened.

“The future of green turtle management is an important issue for the Council given that the species holds cultural and traditional significance throughout the Pacific Islands, including Hawai’i, the Commonwealth of the Northern Mariana Islands (CNMI), Guam, and American Samoa,” Simonds pointed out.

She explained that fisheries managed under the Council’s Fishery Ecosystem Plan (FEP), such as the Hawai’i longline fishery and the American Samoa longline fishery, are known to interact with several populations of green turtles, and the Council recently developed management measures for the American Samoa longline fishery to prevent interactions with green turtles.

According to the executive director, the Council during its June meeting in Honolulu this year reviewed the proposed rule and considered recommendations from its Scientific and Statistical Committee, Protected Species Advisory Committee and Advisory Panel.

From that meeting, the Council recommended, among other things, to provide exemptions to the take prohibitions under the Endangered Species Act (ESA), similar to the management mechanism implemented for ESA-listed salmon species. According to the Council, activities for take exemption should include limited directed take and active population management.

Read the full story at The Samoa News

NMFS to Deny Tri Marine Petition, Fishery Council Asked to Expedite Analysis of the Cost to American Samoa

October 20, 2015 — The following was released by the Western Pacific Regional Management Council:

UTULEI, American Samoa — The National Marine Fisheries Service (NMFS) will not undertake an emergency rulemaking to exempt U.S. purse seine vessels that deliver at least half of their catch to tuna processing facilities in American Samoa from the closure of the area known as the Effort Limit Area for Purse Seine (ELAPS). Michael Tosatto, Regional Administrator of the NMFS Pacific Islands Regional Office, made the announcement to the Fishing Industry Advisory Committee (FIAC), during its meeting yesterday at the Rex Lee Auditorium in Utulei, American Samoa. The FIAC advises the Western Pacific Regional Fishery Management Council, which will convene at the Lee Auditorium on Wednesday and Thursday.

NMFS closed the ELAPS on June 15. The ELAPS is comprised of all areas of high seas and U.S. exclusive economic zone (EEZ) between 20 degrees N and 20 degrees S in the Western and Central Pacific Fisheries Commission (WCPFC) Convention area. The closure remains in effect until Dec. 31, 2015. “NMFS finds it is not appropriate to grant the petition as it was requested,” Tosatto said. The ELAPs closure may have economic impacts, he added, but whether these impacts warrant action would take more information and more time to analyze the information.

Tri-Marine Management Company had submitted the petition for the emergency rule to NMFS on May 12. The company owns 10 purse seine vessels home ported in American Samoa as well as a tuna cannery in the U.S. territory.

Public view an American Samoa purse seiner during the Fishers Forum on American Samoa Fisheries, hosted on Oct. 17 by the Council and the American Samoa Department of Marine & Wildlife Resources at the Port Administration main dock at Fagatogo.

The Tri Marine petition argued that the ability of American Samoa-based tuna vessels to operate profitably is in serious question due to the loss of access to traditional fishing grounds among other reasons. The traditional grounds have been the EEZ of Kiribati. This year Kiribati provided U.S. vessels with only 300 fishing days for the entire U.S. purse seine fleet, after allowing 4,313 fishing days (60 percent of all US flag fishing days in the region) in 2014.

The lack of fishing grounds causes a lack of reliable supply of tuna from these vessels, which will jeopardize the ability of the canneries in American Samoa to compete in world markets, according to Tri Marine. The petition invokes the WCPFC Convention, which supports full recognition to the special requirements of developing Small Island Developing State (SIDS) or participating territories, including American Samoa.

Joe Hamby, Tri Marine Group’s chief operating officer, expressed disappointment of the decision “considering the dire straits the vessels are going through.” He said Tri Marine looks forward to working with NOAA on providing information and asked “What is the timeline?” He noted that the original petition was six months ago.

Tosatto said it is hard to put a timeline on what it will take. “WCPFC has a lot of clauses and we are exploring those. … It will be several months.” He said a Federal Register notice on the decision will be published in the next few days.

In regards to the potential impacts to America Samoa from reduced access for US purse seine vessels based in America Samoa, the FIAC recommended that the Council request that NMFS expedite its economic analysis on impacts to America Samoa of the US rules on purse seine effort limits.

The FIAC also recommended that the Council undertake the following actions:

  • Continue to advocate for more effective international management of the South Pacific albacore longline fishery and notes that the economic conditions for longline fisheries across the region remain well below historic levels.
  • Initiate further discussions with America Samoa longline participants, America Samoa canneries and other interested parties on the costs and benefits of obtaining Marine Stewardship Certification.
  • Request that the US government work to restore US bigeye tuna limits applicable to the Hawaii fishery and recognizes that it is highly monitored, fishes in an area of low impact to the bigeye stock and supplies a local domestic market.
  • Request that NMFS work with the fishing industry on the development of the national traceability program and to limit impacts on US fishermen and US seafood products.
  • Work with the local alia fleet and American Samoa government on training opportunities to improve seafood handling and quality, identification of export markets and reduced freight costs.
  • Respond to the proposed rule on Marine Mammal Protection Act (MMPA) import provision by supporting the general intent of the provision, which is to level the playing field for U.S. fisheries by requiring similar marine mammal bycatch mitigation provisions for foreign fisheries exporting fish and fish products to U.S., and expressing concern that the process and requirements outlined in the proposed rule are extremely complex and burdensome and have the potential to divert resources necessary to implement MMPA provisions for domestic fisheries, may impact the U.S. seafood import industry and result in other unintended consequences to the domestic fishing and seafood industries.

The American Samoa Regional Ecosystem Advisory Committee (REAC) and the American Samoa Advisory Panel, two other committees that advise the Council, also met yesterday at the Lee Auditorium. The REAC reviewed ongoing expansion of the Council archipelagic and pelagic fishery ecosystem annual reports to further incorporate ecosystem components and provided recommendations to Council staff regarding data availability. The REAC recommended that it should participate in reviewing the draft reports for completeness and accuracy. 

American Samoa Regional Ecosystem Advisory Committee met yesterday at the Lee Auditorium in Utulei, American Samoa, to discuss enhancements to the Fishery Ecosystem Plans for the Western Pacific Region among other topics.

The Advisory Panel recommended that the Council undertake the following:  

  • Support fisheries development in American Samoa as a SIDS in international commissions and organizations
  • Specify the 2016 US Territory longline bigeye tuna limits at 2,000 metric tons (mt) per Territory or higher based upon scientific assessment that it doesn’t impede international bigeye conservation objectives, whereby 1,000 mt per Territory or more would be authorized to be allocated to US fishermen through Amendment 7 specified fishing agreements.
  • Support and advocate for the participation of the local tuna fleet, as well as all of the various fishing sectors, in discussions and local, national, regional and international meetings that may affect the American Samoa fishing industry.
  • Request that the US Coast Guard maintain consistent inspection and enforcement actions for both land-based and at sea operations for the American Samoa fishing industry and report on the potential for improving the response time to distress and emergency calls initiated from vessels within American Samoa’s fishing fleet.
  • Support the resolution of local laws supporting the prohibition of shark finning to mirror federal regulations that allow the capture and landing of the whole shark.
  • Select the annual catch limit equal to the acceptable biological catch at 106,000 pounds for the territory bottomfish fishery in the 2016 and 2017 fishing years with a corresponding probability of overfishing of 22.9 percent and 37 percent, respectively. 
  • Recommend that the American Samoa Government allocate the money necessary to fix the alia vessels preferably in Manu`a to be seaworthy for fishing from the disaster relief fund.
  • Request NMFS expedite its economic analysis on impacts of the US rules on purse seine effort limits.
  • Support the evaluation of the effectiveness of marine managed areas in American Samoa.

The Council will consider the recommendations of its advisory committees and standing committees, which meet today in Utulei, when it convenes Oct. 21 and 22 at the Lee Auditorium. For more on these Council meetings, go to www.wpcouncil.org, email info@wpcouncil.org or phone (808) 522-8220. The Council was established by Congress under the Magnuson-Stevens Fishery Conservation and Management Act in 1976 to manage domestic fisheries operating seaward of State waters around Hawai`i, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands and the US Pacific Island Remote Island Areas. Recommendations by the Council are transmitted to the Secretary of Commerce for final approval.

Clarification of Mandatory Safety Exams for Commercial Fishing Vessels

October 20, 2015 — The following was released by the U.S. Coast Guard:

This bulletin provides clarification about the five-year mandatory dockside safety exam that applies to many commercial fishing vessels (CFVs).

• Effective October 15, 2015, the law requires completion of a mandatory dockside safety exam on certain CFVs at least once every five years. (See the answer to first question below to determine if your CFV must comply.)

• Any affected CFV that has not successfully completed a dockside exam on or after January 1, 2013 must get an exam to be in compliance with the law.

• Any affected CFV found not in compliance with the safety exam requirement could be subject to civil penalty action or operational controls.

• We will continue to use the “two-year” Safety Decal for all successful exams, mandatory or otherwise.

• We understand that many vessels have been getting exams more frequently than once every five years, and we will continue to offer a free exam whenever requested or required for another reason.

• We will develop regulations that include the requirement for us to issue a Certificate of Compliance to document a five-year mandatory exam. Until then, we will use the two-year Safety Decal to demonstrate compliance with any exam requirement.

• We still highly encourage you to get an exam every two years to ensure all of your vessel’s safety and survival equipment are up to date and installed properly.

What CFVs are affected by the Exam requirement? A mandatory exam was required by the Coast Guard Authorization Act of 2010 and the Coast Guard and Maritime Transportation Act of 2012, the latter of which required a period of at least once every five years. This applies to State-registered and Federally-documented CFVs that: 1) operate beyond 3 nautical miles from the territorial sea Baseline or Great Lakes coastline; 2) operate anywhere with more than 16 persons on board (including within 3 miles of the Baseline or Great Lakes coastline); or 3) are fish tender vessels engaged in the Aleutian trade. Additional background is in our bulletin of December 2014 and our open letter of August 2015. Both references are available at www.fishsafe.info.

When must I have last had an exam? To meet the mandatory five-year dockside safety exam requirement, a CFV must have successfully completed an exam on or after January 1, 2013. A CFV that has never been examined must have completed an exam prior to October 15, 2015 to be in compliance. A CFV that successfully completed an exam after January 1, 2013 has five years from the date of that successful exam to complete another exam under the law. Please note that other requirements may mean more frequent exams. Fish processing vessels and fish tender vessels engaged in the Aleutian trade require an exam every two years. (See 46 CFR Part 28, Subparts F and G). Also, NOAA’s National Marine Fisheries Service requires vessels that carry a NOAA Fisheries Observer to have passed an exam within the past 2 years or the Observer will not deploy, which may restrict the vessel from fishing. [See 50 CFR, Part 600.746(b)-(d)]. We will schedule and provide a free exam and issue a two-year Safety Decal to meet any requirement whenever requested.

How will the Coast Guard know I’m in compliance with any exam requirement and what happens when a vessel doesn’t meet the mandatory exam requirement? Until regulations are developed creating a Certificate of Compliance, our boarding officers will determine compliance with the five-year mandatory exam requirement by checking the issue date on the decal, or by viewing the exam report/booklet (CG-5587) for the date the exam was successfully completed. If it is within the last five years and on or after January 1, 2013, the vessel meets the requirement. If a vessel is boarded and it hasn’t had the required five-year mandatory or other required exam, the operator or vessel could be subject to civil penalty action or operational controls.

Why is the Coast Guard going to eventually issue a Certificate of Compliance? The law that mandated the dockside safety exams also directed that a Certificate of Compliance be issued to a vessel that meets the requirements of Chapter 45, Title 46 United States Code. A Certificate of Compliance for commercial fishing vessels is still being developed. Until that time, the safety decal will demonstrate compliance with the exam requirement. Note: A copy of the exam report/booklet, also known as Form CG-5587, signed by the examiner and showing the decal number is provided to the owner and/or operator of the vessel after successfully completing and exam. This form also will demonstrate compliance with the exam requirement.

Are Voluntary Exams still offered? Yes. As we have for over 20 years, we will continue to conduct no-cost, no-fault voluntary dockside safety exams on CFVs, issuing a decal valid for two years upon successful completion of the exam. The decal shows compliance with applicable requirements at the time. A voluntary exam is offered as frequently as requested. This program is not changing. We highly recommend every CFV, even those not subject to mandatory exams, maintain a current two-year Safety Decal, which could facilitate a more streamlined safety check if we board you at sea. Please note that we may board you at any time or frequency to ensure compliance with safety and survival equipment and other requirements for your vessel, as well as for fisheries enforcement.

Are the Mandatory and Voluntary Exams the same? Yes. The safety and survival equipment and systems requirements that are checked for compliance on a vessel are the same whether it is a required exam or one voluntarily requested, and a safety decal will be issued in either case when completed successfully.

How do I request a Dockside Safety Exam? Request and schedule an exam by contacting your local Coast Guard Fishing Vessel Safety Examiner directly, or via a link on the Coast Guard’s CFV Program web site at www.fishsafe.info. Third party organizations are also authorized to conduct dockside safety exams and issue decals on behalf of the Coast Guard; they include American Bureau of Shipping (ABS), Det Norske Veritas/ Germanischer Lloyd (DNV/GL), Society of Accredited Marine Surveyors (SAMS), National Association of Marine Surveyors (NAMS), NAVTECH US Surveyors Association, and Bowditch Marine, Inc. These organizations should be contacted directly to schedule an exam. They can conduct the mandatory exam, a required exam, or a voluntary exam.

Who should I contact if I have questions? Please contact the Coast Guard Office of Commercial Vessel Compliance, Fishing Vessels Division (CG-CVC-3) at 202-372-1249 or by email at CGCVC@uscg.mil. Or, you may also contact your local Coast Guard District Fishing Vessel Safety Coordinator or local Sector Fishing Vessel Safety Examiner. The points of contact for these individuals can be found on the web site, www.fishsafe.info, by selecting the “Locate Examiners” tab.

View a PDF of the bulletin

NORTH CAROLINA: Weekly Update for Oct. 19, 2015

October 19, 2015 — The following was released by the North Carolina Fisheries Association:

DIVISION OF MARINE FISHERIES BEGINS MANAGING INCIDENTAL TAKE PERMITTED SPECIES AS A QUOTA

Going forward, proclamations issued to close management areas in accordance with incidental take permit requirements will be effective immediately as in other species managed under a quota.  

LEGISLATIVE UPDATE 

As everyone knows, the North Carolina “long session” of the General Assembly is now history, and the legislators are finished until 2016. The “short session” begins at the end of April next year. We did OK at the state level with the revocation of Joint Enforcement Authority or JEA, between the state’s Division of Marine Fisheries and the National Marine Fisheries Service. There were other victories as well, but mainly in keeping bad things from happening. That took a tremendous amount of effort on our part in being vigilant at the Raleigh level. However, we did so at the expense of some of the federal issues.

Two weeks ago I had appointments in Washington, D.C. with some of our Congressional folks including legislators and staffs. At one of our meetings in Senator Tillis’s office, there were 3 employees of NMFS and staff members for Senator Burr, Senator Tillis and Congressman Walter B. Jones. The primary topics were Highly Migratory Species and Endangered Species Act issues, with the goal being bringing the staffers up to date on the issues from our perspective. That dialogue will continue.

I’m returning to  Washington tomorrow for a Wednesday meeting with our congressional folks about the H2B labor issue affecting our blue crab processors.

We have a very important Board of Directors meeting coming up next Tuesday, the 27th, to prepare for the upcoming Marine Fisheries Commission meeting in November. Please note that NCFA’s Board meetings are open to all commercial fishermen, whether you’re on the Board or not. If you have any concerns that you would like brought to the Board’s attention, contact any of the staff or Board members. We’re not mind readers!

God bless,

Jerry

MAFMC VOTES TO REDUCE SPINY DOGFISH QUOTA IN 2016

At last week’s meeting in Philadelphia, the Mid-Atlantic Fishery Management Council recommended a substantial cut in the spiny dogfish commercial quota for next year. Following a review of the most recent scientific information, public comments, and advice from the Scientific and Statistical Committee (SSC) and Spiny Dogfish Advisory Panel, the council voted to set the 2016 commercial quota at 25.3 million pounds, a 50% reduction from the 2015 quota of 50.6 million pounds. If approved by the National Marine Fisheries Service, the new measure will go into effect May 1, 2016.

The council’s decision was driven by the recent spiny dogfish stock assessment update, which estimated the stock’s biomass to be at 87% of the rebuilt target in 2015. Although the stock was found to be neither overfished nor subject to overfishing, the new estimate of stock biomass was a marked decrease from the 2013 update, which indicated that the stock’s biomass was at 135% of the target.  For more information see the news release.  

INDIVIDUAL BLUEFIN QUOTA AND PELAGIC LONGLINE OBSERVER REQUIREMENTS REMINDERS

NOAA Fisheries has released a document to highlight important aspects of the IBQ program and Electronic Monitoring requirements. This information may be of interest to people participating in these programs and can be found here.

NOAA Fisheries is also announcing increased mandatory observer coverage for pelagic longline vessels in the Mid-Atlantic Bight, including the Cape Hatteras Gear Restricted Area, from December 1, 2015 through April 30, 2016. If you are making a trip using pelagic longline gear in the Mid-Atlantic Bight (including the Cape Hatteras Gear Restricted Area) from December 1, 2015, through April 30, 2016, you must contact the Pelagic Observer Program at the NOAA Fisheries Southeast Fisheries Science Center Miami Laboratory in writing (mail or e-mail) at least five business days prior to your departure, and provide information, as described in  this document.  More information on this can be found here. 

NCFA BOARD OF DIRECTORS RESCHEDULED

The NCFA board meeting scheduled for today was canceled due to inclement weather.  It has been rescheduled for Oct. 27 at 2 p.m. at the Washington Civic Center located at 110 Gladden St. in Washington.   As a reminder, members are welcomed and encouraged to attend, however, the board will be discussing the southern flounder management crisis at this meeting, and so we strongly urge all the fishery’s participants who are able to attend. We need your input on this critical issue.  

REGULATION AND RULE CHANGES:

–South Atlantic commercial gag daily trip limit decreased to 500 pounds effective Oct. 18

–Commercial Scup Winter II quota and possession limits increase effective Nov. 1

DEADLINES:

Oct. 19 – For-Hire Advisory Group Applications

Oct. 29 – NMFS Proposed Rules for Snapper-Grouper, Dolphin and Golden Crab Comments

Nov. 4 – Atlantic HMS SEDAR Pool Nominations

Nov. 9 – NMFS Proposed Rule on ICCAT Bluefin Electronic Documentation Comments

Nov. 19 – Derelict Fishing Gear Recovery Project Applications

Dec. 16 – NMFS Draft Ecosystem-based Fishery Management Policy Comments

MEETINGS:

If you are aware of ANY meetings that should be of interest to commercial fishing that is not on this list, please contact us so we can include it here.     

Oct. 20-22 – SAFMC Science and Statistical Committee Webinar 

Oct. 21 at 10:30 a.m. – Standard Commercial Fishing License Eligibility Board Meeting, Department of Environmental Quality Regional Office, 127 N. Cardinal Dr. Ext., Wilmington, NC

Oct. 22 at 2 p.m. – Summer Flounder, Scup, Black Sea Bass Advisory Panel Meeting via webinar 

Oct. 23 at 3 p.m. – Marine Fisheries Commission Nominating Committee Meeting, Division of Marine Fisheries Headquarters, 3441 Arendell St., Morehead City 

Oct. 27 at 2 p.m. – NCFA Board of Directors Meeting, Washington Civic Center, 110 Gladden St., Washington, NC

PROCLAMATIONS: 

SNAPPER-GROUPER COMPLEX – COMMERCIAL PURPOSES (GAG GROUPER)

RULE SUSPENSION – GILL NET RESTRICTIONS: INTERNAL COASTAL WATERS – CLOSING MANAGEMENT UNIT B EXCEPT SUBUNIT MGNRA

GILL NETS – ALBEMARLE SOUND AREA – MANAGEMENT UNIT A – CLOSING

 View a PDF of the Weekly Update

Proceeds from NMI’s fishing quota will go to conservation

October 16, 2015 — The $525,000 that the CNMI earns from selling half of its big eye tuna quota will go to marine conservation programs and development of fishery management, Variety learned.

The National Oceanic and Atmospheric Administration’s National Marine Fisheries Service or NMFS gave the CNMI a 2,000 metric ton catch limit for big eye tuna for the year 2015, and allowed the commonwealth to sell half of it to a group of long-line fishermen in Hawaii.

NMFS allowed the CNMI to allocate a 1,000-metric ton catch limit to Hawaii long-liners in a specified fishing agreement.

In his email to CNMI Department of Lands and Natural Resources Secretary Richard B. Seman, NMFS Regional Administrator Michael D. Tosatto said: “As an accountability measure, NMFS will monitor, attribute, and restrict (if necessary) catches of longline-caught bigeye tuna, including catches made under a specified fishing agreement. These catch limits and accountability measures support the long-term sustainability of fishery resources of the U.S. Pacific Islands.”

In his Oct. 9 letter to Gov. Eloy S. Inos. Tosatto said he has reviewed the agreement between the CNMI government and Quota Management Inc. and determined that it is consistent with the requirements of the Fishery Ecosystem Plan for Pelagic Fisheries and the Western Pacific, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.

Read the full story from Marianas Variety

Sex leads to better science

October 16, 2015 — The group met on a Friday evening in late September to talk about sex and summer flounder. The topics are closely intertwined.

Interested parties from the commercial and recreational fishing industries, outdoor groups and party boat captains had gathered for an update on a project designed to get a more accurate picture of the summer flounder stock.

Dr. Patrick Sullivan of Cornell University and scientists from Rutgers University would be giving the presentation.

Dr. Sullivan, a highly respected researcher in the dynamics of fish populations, has been working with the Save The Summer Flounder Fishery Fund to create a stock assessment model that includes a very important element that has been left out of prior models – sex.

He was also going to talk about another vital element that’s been missing from the process – cooperation.

In an unprecedented effort, members of the recreational and commercial fishing communities are working together with university scientists and the National Marine Fisheries Service to develop a better way to count summer flounder.

Read the full story from the Asbury Park Press

MAINE: Lobstermen Cry ‘Foul’ Over Proposed Searsport Harbor Dredging

October 15, 2015 — The state of Maine has long been synonymous with deep forested tracts of wilderness stretching from its western boundary with the Connecticut lakes in far northern New Hampshire, up to its northern border with the Canadian provinces of Quebec and New Brunswick. The state has long been associated with pristine springs, rivers and lakes, the habitat of its signature majestic large antlered moose – and all the while conjuring up images of the ubiquitous Poland Spring water bottle.

The southern and “downeastern” end of Maine is composed of miles of sandy beaches that gradually give way to rocky crags, jutting coastline, and hundreds of small rock outcrops and islands dotted with salty old lighthouses. This rocky coastline is the perfect breeding ground for the one sea creature that Maine is famous for, and makes up the heart of the state’s predominant seafood export – that delectable crustacean, the Maine lobster.

It also appears the “typical Maine rocky coastline” is the prime location where these tasty crustaceans are caught and eventually get exported far and wide to consumers’ tables. This is according to the most recent Atlantic States Marine Fisheries Commission’s American Lobster Benchmark Stock Assessment and Peer Review Report, released last month. Of note, an interesting statistic gleaned from this NOAA study is: “… More than 98 percent of the total GOM (Gulf of Maine) catch has come from inshore NMFS statistical areas.”

This statistic is of great importance as it puts one such lobster breeding-ground right in the crosshairs of an ambitious U.S. Army Corps of Engineers (COE) and Maine DOT proposed project to dredge and deepen the channel in Searsport – to the tune of approximately $13 million – to allow two Canadian oil companies, Sprague Energy and Irving Oil, to off-load their crude oil at a local terminal at Mack Point.

At issue for these two oil companies is that they would prefer not to wait for a high tide to off-load their cargo at the terminal, and thus save – by their account – approximately $845,000 per year. To accommodate these oil companies, the COE would risk jeopardizing prime lobster breeding-grounds in western Penobscot Bay, by dumping approximately 1 million cubic yards of dredge spoils from the Searsport channel in areas of Penobscot Bay containing numerous pockmarks created by methane venting.

Read the full story at Triple Pundit

 

NMFS Reopens Bigeye Fishing for Hawaii’s Longliners Through Quota Agreement With Mariana Islands

SEAFOODNEWS.COM — October 13, 2015 — NMFS will allows Hawaii’s longline tuna vessels to resume bigeye fishing efforts in Western and Central Pacific Ocean through an agreement with the Commonwealth of the Northern Mariana Islands.

According to NMFS the Islands have a 2,000 metric ton catch limit of longline-caught bigeye tuna and can allocate up to 1,000 mt each year to US longline fishing vessels in a specified fishing agreement that is consistent with established regulations.

Agreement was welcomed for approximately three dozen Hawaii longline vessels that are larger than 24 meters in length. These larger vessels have been banned from fishing not only in the WCPO but also in the Eastern Pacific Ocean since Aug. 12, 2015. According to another international agreement, the US longline fleet has a quota of 500 mt in EPO after which US longline vessels less than 24 meters in length only can operate in those waters.

NMFS determined that the fleet had reached its 2015 US bigeye tuna limit of 3,502 mt. The limited supply during the closure, saw prices for bigeye tuna (`ahi) skyrockety at the Honolulu fish auction to as high as $13.70 per pound.

This story originally appeared on SeafoodNews.com, a subscription site. It has been reprinted with permission.