Saving Seafood

NOAA Seeks Comment on Changes to Charter/Headboat Reporting Requirements

December 6, 2018 — The following was released by NOAA:

NOAA Fisheries has proposed a new rule that would modify reporting requirements for owners or operators of vessels with a federal Gulf charter/headboat reef fish permit or Gulf charter/headboat coastal migratory pelagics permit. These proposed changes would require the owner or operator of a vessel with one of these permits to:

  • Electronically declare (hail-out) a fishing trip before leaving port.
  • Submit an electronic fishing report for each trip prior to the vessel offloading fish, or within 30 minutes after the end of the trip if no fish are landed.
  • Install NOAA Fisheries-approved hardware/software with global positioning system (GPS) capabilities that, at a minimum, archive vessel position data and transmit data to NOAA Fisheries. This requirement would not preclude the use of GPS devices that provide real-time location data or vessel monitoring systems (VMS). The GPS portion of the hardware must be permanently affixed to the vessel and turned on at all times, unless a power-down exemption is granted.
  • Comply with these reporting requirements no matter where the vessel is fishing.

You can submit comments electronically via https://www.regulations.gov/docket?D=NOAA-NMFS-2018-0111 or by mail to:

Rich Malinowski

Southeast Regional Office, NMFS

263 13th Avenue South

St. Petersburg, Florida 33701

Comments are due January 9, 2019.

NOAA Fisheries will review public comments and modify the proposed changes if necessary then submit the rule to the Secretary of Commerce for review and approval. If the Secretary of Commerce approves the rule, NOAA Fisheries would implement the changes in phases during 2019.

The Gulf of Mexico Fishery Management Council approved these changes to improve data collection and fisheries management. NOAA Fisheries has compiled several Frequently Asked Questions on these proposed changes. For more information, contact Chris Schieble at cschieble@wlf.la.gov or 504-284-2035.

The Louisiana Department of Wildlife and Fisheries is charged with managing and protecting Louisiana’s abundant natural resources. For more information, visit us at www.wlf.la.gov. To receive email alerts, signup at http://www.wlf.la.gov/signup.

Read the full release here

Working Group Nears Consensus on Transit Lanes for Fishing Vessels in Northeast Wind Energy Areas

December 6, 2018 — The following was released by the Responsible Offshore Development Alliance:

The Responsible Offshore Development Alliance (RODA), which consists of regional fishing industry representatives from Maine to North Carolina, convened an Offshore Wind Transit Lane Working Group meeting on December 3rd at the Hotel Viking in Newport, R.I.

Fishing industry representatives, offshore wind developer lease-holders, the National Marine Fisheries Service (NMFS), the Bureau of Ocean Energy Management (BOEM), and the U.S. Coast Guard, among others, joined RODA to continue an attempt to develop fishery transit lanes through the large group of Wind Energy Areas (WEAs) in federal waters off of Massachusetts and Rhode Island. The meeting was facilitated by the Consensus Building Institute. Currently, three WEAs are subject to active leases held by Ørsted U.S. Offshore Wind and Vineyard Wind.  BOEM will hold an additional auction for three new leases in WEAs adjacent to the existing sites on December 13, 2018.

In addition to loss of access within the lease areas, commercial fishermen coastwide have long been concerned about their ability to safely travel across wind energy arrays to access other historical, traditional commercial fishing grounds. They are especially concerned with the size of the WEAs being proposed by BOEM, which are by far the largest in the world.

While fishing industry representatives and wind developers agree that minimizing transit time through wind energy arrays is a primary design goal, safety risks greatly increase due to the long distances—up to 50-70 miles—fishing boats may be required to transit either around or through wind energy arrays.

The Massachusetts Fisheries Working Group on Offshore Wind began to consider the development of transit lanes earlier this year, and RODA has since held a large workshop followed by the smaller working group meeting to continue this task. To prepare for the working group meeting, RODA asked NMFS and the Northeast Regional Ocean Council Data Portal team to evaluate historic transit patterns to identify options for safe and direct access to fishing grounds. NMFS presented an analysis based on VMS and AIS data that substantially supported input received from the fishing industry regarding prevailing transit patterns.

As some examples, vessels from Massachusetts, Rhode Island, Connecticut, and other ports frequently cross the Wind Energy Areas in a “diagonal” Northwest-Southeast direction to access offshore fishing grounds, and will no longer have access to direct routes. Vessels from New York must additionally transit in an East-West direction, whereas other fisheries access grounds in a variety of directions including North-South in western and eastern portions of the lease areas.

Fishing industry representatives have considered a wide range of transit lane options and continue to support options that generally preserve these most important routes to their historic fisheries, which must include a “diagonal” route or, less favorably, smoothing out the Northwest-Southeast edges of the lease areas to allow more direct transit along the perimeters. Offshore wind lease-holding developers, for their part, have attempted to identify routes to meet those goals that also preserve the energy-generating nameplate capacity for each site that allows them to meet pricing goals for power procurement. Developers have various viewpoints on preferred transit lane locations and, as such, layouts have differing ranges of support including for the currently unleased areas.

The series of discussions regarding transit lane design was further from achieving consensus on the necessary width of transit lanes. Offshore fishermen have consistently requested lanes to be a minimum width of 4 nautical miles to allow for safe passage in an area known for extreme weather and tidal conditions, and to mitigate the anticipated effects of radar interference emanating from large monopole turbines. The developers have proposed lanes of only one to two nautical miles in order to optimize site layouts for wind exposure.

In order to foster evidence-based progress on necessary transit lane widths, RODA and others have requested the Coast Guard and BOEM to conduct an in-depth analysis regarding fisheries vessel position data, radar functionality, emergency incident reports, and other items.

While the group has not yet finalized recommendations, both fishermen and developers broadly agree that the most efficient timing for transit lane identification would occur before a lease is issued. RODA therefore strongly urges BOEM to include stipulations for the continuation of these transit lanes in its upcoming lease sale, and welcomes inquiries as to the status of these recommendations as potential bidders prepare proposals.

Additional materials, including a meeting summary with details regarding each of the options, will be available shortly on the RODA website.

About RODA
The Responsible Offshore Development Alliance (RODA) is a broad, membership-based coalition of fishing industry associations and companies working to improve the compatibility of new offshore development with their businesses. It seeks to coordinate science and policy approaches, through public and private partnerships, to manage development of the Outer Continental Shelf in a way that minimizes conflicts with existing traditional and historical fishing.

NEFMC recommendation could pave way for another big scallop year; 60m lbs projected

December 6, 2018 — New England scallop landings in 2019 could reach as much as 60 million pounds (27,215 metric tons), a similar result to 2018, the New England Fishery Management Council (NEFMC) projects.

The new season will begin on April 1.

At its meeting held today, Dec. 5, the NEFMC voted unanimously to approve a set of rules known as “Framework 30”, which, if the projection by the council’s plan team holds true, could lead to the 60m lbs harvest.

The framework will allow vessels with “full-time limited access” scallop permits to fish during 24 open-area days-at-sea and seven 18,000-pound access area trips.

That includes three trips to a zone called “Nantucket Lightship-West”, three to the “Mid-Atlantic Access Area”, and an additional “flex” trip that can be used in either of those areas or a more northerly zone, “Closed Area I”.

For the “part-time limited access fleet” in 2019, vessels will be allocated 9.6 open-area days-at-sea and three 17,000-pound trips. One trip will be used in Nantucket Lightship-West, another in the Mid-Atlantic Access Area and the third in either of those areas or in Closed Area I.

Read the full story at Undercurrent News

Scallops 2: NEFMC Takes Final Action on Framework 30

December 6, 2018 — The following was released by the New England Fishery Management Council:

During its December 4-6 meeting in Newport, RI, the New England Fishery Management Council approved Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan. The framework contains: (1) specifications for the 2019 scallop fishing year, which will begin on April 1; (2) default specifications for 2020; and (3) two “standard default measures” that will carry on into future years.

The Council will submit the framework to the National Marine Fisheries Service (NMFS, NOAA Fisheries) for review and implementation. The Scallop Plan Development Team projects that, under the provisions selected by the Council, the region’s scallop fleet should be able to land roughly 60 million pounds of scallop meats in the 2019 fishing year.

Here’s what’s in the framework.

Full-Time Limited Access Fleet

In 2019, vessels with full time limited access scallop permits will be allocated 24 open-area days-at-sea and seven 18,000-pound access area trips:

  • Three trips into Nantucket Lightship West;
  • Three trips into the Mid-Atlantic Access Area; and
  • One “flex” trip that can be fished either in Closed Area I, Nantucket Lightship-West, or the Mid-Atlantic Access Area.

Read the full release here

New England Council Supports Surfclam, Mussel Fishery Access to Certain Areas Within Great South Channel HMA Plus Further Research

December 5, 2018 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council has signed off on new measures that will allow surfclam fishermen to continue fishing within strictly defined boundaries inside the Great South Channel Habitat Management Area (HMA). Increased monitoring provisions will apply. Mussel fishermen also will be able to fish in the new areas. The measures are included in the Council’s Clam Dredge Framework, which is a trailing action to Omnibus Essential Fish Habitat (EFH) Amendment 2, often referred to as OHA2.

The amendment was implemented April 9, 2018 and prohibited the use of mobile bottom-tending gear within the HMA. However, the surfclam fishery was granted a one-year exemption to continue operating in all but the northeast corner of the area. This exemption expires April 9, 2019. If the National Marine Fisheries Service (NMFS, NOAA Fisheries) approves and implements the Clam Dredge Framework, surfclam and mussel fishermen will be granted long-term exemptions under certain restrictions for the following subareas:

  • McBlair – Year round;
  • Zone AB – Year round; and
  • East Door/OldSouth – seasonally from May 1 through October 31.

In addition, the Habitat Plan Development Team (PDT) will work with industry to prioritize research needs for two other sub-areas:

  • Rose and Crown; and
  • Zone D.

Once prioritized research needs are identified for Rose and Crown and Zone D, the Council’s intent is that fishermen and researchers will work collaboratively toward obtaining exempted fishing permits for these sub-areas to better define where concentrations of surfclams can be harvested without disturbing sensitive habitat. The Council said this research potentially could lead to the development of additional exemptions in the future.

Read the full release at the New England Fishery Management Council

 

Whale Advocates Plan to Put Forward Ballot Question in Mass. to Ban Vertical Buoy Lines

December 5, 2018 — SEAFOOD NEWS — A whale conservationist with a radical style says he intends to move forward with a “whale safety” initiative petition for 2020 in Massachusetts to ban vertical buoy ropes used in commercial fishing, among other efforts to protect whales and sea turtles.

“We have to have a paradigm shift,” Richard Maximus Strahan, of Peterborough, New Hampshire, said of his advocacy efforts to stop the death and injury of whales and sea turtles from entanglement in rope used in commercial lobstering, crabbing and gillnetting.

On Oct. 11, Strahan withdrew his lawsuit in federal court in Boston that sought more federal and state enforcement against the use by commercial fishermen of vertical buoy ropes. Vertical buoy ropes are seen by scientists and conservation groups as a source of entanglement and often injury and death of marine animals. In withdrawing the lawsuit, Strahan said that the 2018 fishing season is over and that the court and defendants hindered his lawsuit by actions such as ignoring motions for discovery.

For next year, Strahan says he and Whale Safe USA, a political group of about 200, intend to try a variety of tactics, such as the Whale Safe Fishing Act 2020 initiative petition in Massachusetts. He says he also intends to sue individual or small groups of fishermen and block the issuance of commercial fishing licenses in Massachusetts. He proposes a boycott of purchases of lobster, and he wants to identify “green” commercial fishermen who have environmental goals, such as whale and turtle protection and reduction of plastic in the ocean.

Strahan said he would no longer be filing lawsuits in federal court in Boston.

“We are going to go outside the whale biz,” said Strahan, who describes himself as an indigent and a graduate student in the Oct. 11 document.

Generally, Strahan said he views federal and state marine fisheries regulatory agencies as siding with commercial fishing interests rather than marine animal conservation interests. He also said a handful of nonprofit groups in the region, such as the Center for Coastal Studies in Provincetown, are colluding with those regulatory agencies to the detriment of the animals.

“We have been over this with him several times before,” Center for Coastal Studies CEO and President Richard Delaney said in an emailed response.

Strahan’s reputation stems from the 1990s, when right whale entanglement protections lagged and he filed a lawsuit that forced major, costly changes to the fishing industry in Massachusetts. Those changes include trap gear and gillnet bans in Cape Cod Bay while North Atlantic right whales are present, starting early in the year and ending in May, and gear modifications such as breakaway features for gillnets and weak links for trap gear buoy lines.

Strahan returned to the courtroom in February following what scientists and conservationists considered a devastating loss of 17 right whales in 2017 in Canadian and U.S. waters. Particularly since 2010 the right whale population has been in decline, with decreasing numbers of newborns each year as well as a heavy death toll among adult females.

In the civil case first filed in February, Strahan sued the administrator of the National Oceanic and Atmospheric Administration and the assistant administrator of the National Marine Fisheries Service. Other defendants in the lawsuit were the secretary of the state’s Executive Office of Energy and Environmental Affairs, the director of the state Division of Marine Fisheries, commission members of the Atlantic States Marine Fisheries Commission and the Massachusetts Lobstermen’s Association. No person was named specifically in the lawsuit other than Strahan, who represented himself.

Strahan sought to have a judge confirm that federal officials were shirking their duties under the Endangered Species Act by authorizing and failing to enforce certain regulations for commercial fishing; that NOAA had shirked its duties by handing over whale and turtle protections to the National Marine Fisheries Service without evaluating the possible harm to the animals; and that all defendants were violating the Endangered Species Act by allowing for the taking of whales and turtles, either by licensing commercial fishing or actually doing the fishing.

In May, a federal judge declined to issue a restraining order Strahan had sought to temporarily stop commercial lobster pot fishing in Massachusetts coastal waters to protect the right whales. In that ruling, the judge said that, unlike the 1996 federal court ruling, Strahan failed to show that he would likely win in the broader case due to the few rope entanglements that had been recently documented and due to the list of regulations now in place, such as annual lobster gear bans from Feb. 1 through April 30.

The Center for Coastal Studies provides airplane survey data on right whale locations to the state Division of Marine Fisheries, which is then used to make decisions about when to lift the trap gear bans in May, among other uses. The center’s data was cited in the federal lawsuit in an affidavit of Daniel McKiernan, who is deputy director of the state Divison of Marine Fisheries.

The federal lawsuit officially closed Oct. 18.

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

NOAA Approves Seismic Blasts off Coast of Md., Va.

December 4, 2018 — The federal government has cleared the way for five companies to do seismic surveys in the Atlantic Ocean off the coast of Maryland and Virginia, as a first step to possible offshore drilling for gas and oil.

National Marine Fisheries Service, part of the National Oceanic and Atmospheric Administration, gave final authorization, under the Marine Mammal Protection Act, to “incidentally, but not intentionally, harass marine mammals to companies proposing to conduct geophysical surveys in support of hydrocarbon exploration in the Atlantic Ocean.”

That means NOAA Fisheries will allow seismic blasts even though they may unintentionally disturb marine mammals. The companies will be required to monitor acoustics, and take action to reduce the impact on animals. The required actions include vessels listening and watching for marine life, especially protected species. Companies must increase the seismic activity gradually “to alert animals in the area and reduce potential for exposure to intense noise.” And when certain sensitive species are nearby, they must stop blasting.

The geophysical surveys use airgun arrays to explore for hydrocarbons. A 2017 Presidential Executive Order encourages energy exploration like this. The NOAA Fisheries decision to allow blasting on the Atlantic Coast was met with outrage from conservation groups like the Chesapeake Bay Foundation.

The Bureau of Ocean Energy Management says there is no evidence that seismic surveys harm marine life, but a study it conducted in 2014 shows that nearly three million dolphins and half a million whales could be harassed, or worse, by survey activity.

Read the full story at the Chesapeake Bay Magazine

Opponents Say Seismic Tests Could Lead To Atlantic Oil Drilling, Harming Right Whales

December 3, 2018 — The Trump administration has approved a first step toward offshore oil and gas drilling on the Atlantic coast.

The National Marine Fisheries Service issued permits Friday for five private companies to conduct offshore seismic tests from New Jersey to Florida.

The tests fire acoustic pulses into the sea floor in search of oil and gas deposits.

Such tests haven’t occurred in the Atlantic as part of hydrocarbon exploration since around the 1980s, according to federal officials, though academic seismic tests have happened more recently.

These permits, which were denied under the Obama administration in 2017, will allow the companies to disturb protected marine mammals during their surveys.

Read the full story at New England Public Radio

Appeals court blocks another US gov’t effort to overcome Mexico gillnet import ban

November 30, 2018 — The US Court of Appeals for the Federal Circuit on Wednesday shot down an effort by the US National Marine Fisheries Service (NMFS) and other federal agencies to end a four-month-old ban on the import of Mexican shrimp and other seafood caught in the country with the use of gillnets.

The decision to reject a “stay of the order” request backs a US Court of International Trade (CIT) ruling, issued in July, that was sought by the Natural Resources Defense Council (NRDC), Center for Biological Diversity and Animal Welfare Institute as part of an effort to protect the endangered vaquita porpoise in the northern Gulf of California from being driven into extinction by pressuring the Mexican government.

Widely decimated by the use of gillnets in pursuit of the totoaba — another endangered fish sought for its swim bladder due to black market demand in China — there are believed to be a little more than a dozen vaquita remaining.

Read the full story at Undercurrent News

Trump Said to Advance Seismic Surveys for Oil in Atlantic

November 30, 2018 — The Trump administration is taking a major step toward allowing a first-in-a-generation seismic search for oil and gas under Atlantic waters, despite protests that the geological tests involve loud air gun blasts that will harm whales, dolphins and other animals.

The National Marine Fisheries Service is set to issue “incidental harassment authorizations” allowing seismic surveys proposed by five companies that permits them to disturb marine mammals that are otherwise protected by federal law, according to three people familiar with the activity who asked not to be named before a formal announcement.

The firms, including TGS-NOPEC Geophysical Co. Asa and Schlumberger Ltd. subsidiary WesternGeco Ltd., still must win individual permits from the Interior Department’s Bureau of Ocean Energy Management before they can conduct the work, but those are widely expected under President Donald Trump, who has made “energy dominance” a signature goal.

Read the full story at Bloomberg