Saving Seafood

Federal court rules fisheries officials didn’t do enough to protect right whales from lobster gear

July 8, 2022 — A federal court on Friday ruled in favor of environmental groups that had filed a lawsuit against the government and the Maine Lobstermen’s Association claiming federal fisheries officials had failed to protect endangered North Atlantic right whales from potentially fatal entanglements in lobster fishing gear, records show.

A judge ruled that NOAA Fisheries had violated the Marine Mammal Protection Act and Endangered Species Act when it issued a May 2021 biological opinion and a September 2021 final rule because officials had not done enough to reduce the lobster fishery’s threat to right whales, the plaintiffs in the suit said in a statement.

The lawsuit was filed in 2018 by the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife.

Read the full story at The Boston Globe

Captains and vessel owners are climbing the learning curve of electronic vessel trip reporting

July 7, 2022 — Among the biggest problems with effective fisheries management has always been lack of relevant data and the time lag between information retrieval and action.

One tool the National Oceanic and Atmospheric Administration hopes to use to close those gaps is electronic vessel trip reporting or eVTR.

Using the carrot and the stick approach, NOAA’s National Marine Fisheries Service has begun requiring many fishermen to submit vessel trip reports electronically. NMFS’s carrot is that the results may eventually benefit all, and in some fisheries recreational fishermen’s data is being added to the mix, but for small-scale fishermen, the stick of punishment for non-compliance can feel too much, especially when the failure is generated by new technologies.

While the eVTR learning curve and buggy apps create problems for some fishermen, the bigger and broader data picture that eVTR offers resource managers means that eVTR is likely here to stay. But it would appear from Facebook comments that NOAA, app developers, and fishermen need to have a conversation.

Read the full story at National Fisherman

Judge throws out Trump-era rollbacks on endangered species

July 6, 2022 — A federal judge on Tuesday threw out a host of actions by the Trump administration to roll back protections for endangered or threatened species, a year after the Biden administration said it was moving to strengthen such species protections.

U.S. District Judge Jon Tigar in Northern California eliminated the Trump-era rules even as two wildlife agencies under President Joe Biden are reviewing or rescinding the regulations. The decision restores a range of protections under the Endangered Species Act — including some that date to the 1970s — while the reviews are completed. Environmental groups hailed the decision, which they said sped up needed protections and critical habitat designations for threatened species, including salmon in the Pacific Northwest.

Tigar’s ruling “spoke for species desperately in need of comprehensive federal protections without compromise,” said Kristen Boyles, an attorney for the environmental group Earthjustice. “Threatened and endangered species do not have the luxury of waiting under rules that do not protect them.”

The court ruling comes as two federal agencies — the U.S. Fish and Wildlife Service and National Marine Fisheries Service — review five Endangered Species Act regulations finalized by President Donald Trump’s administration, including critical habitat designations and rules requiring federal agencies to consult with the wildlife or fisheries services before taking actions that could affect threatened or endangered species.

Read the full story at the AP News

NOAA Fisheries Invites Public Comment on New Draft Equity and Environmental Justice Strategy

June 30, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

Council Family – This topic was discussed at the most recent advisory group and Council meetings. As you know, the Western Pacific Region is recognized for community development and education and training programs in the Magnuson-Stevens Act, and yet have been underfunded for many years. NMFS will host four webinars – see details below. At the June 30 session, NMFS Pacific Islands Region staff will focus on Pacific Islands Regional issues and will be on hand to answer questions. We encourage you all to participate.

-Kitty Simonds

The following was originally released by the National Marine Fisheries Service (NMFS) May 6, 2022.

NOAA Fisheries shared its first-ever draft Equity and Environmental Justice Strategy and invited public comments through August 19 (*extended to August 31*). In addition to accepting written comments, we will host four webinars on the strategy, where comments will be accepted. Additional in-person meetings and opportunities to comment via phone will be announced on a rolling basis, once those plans are finalized.

“NOAA Fisheries is focused on serving all communities more equitably and effectively, and this strategy will provide the framework to do just that,” said Assistant Administrator for NOAA Fisheries and NOAA’s Acting Assistant Secretary for Oceans and Atmosphere, Janet Coit.

“We are committed to advancing equity and environmental justice, including equal treatment, opportunities, and environmental benefits for all people and communities, while building on continuing efforts and partnerships with underserved and underrepresented communities,” she added.

Goals and Objectives

The agency identified three overarching, long-term goals in the strategy. They are:

  • Prioritize identification, equitable treatment, and meaningful involvement of underserved communities
  • Provide equitable delivery of services
  • Prioritize equity and environmental justice in our mandated and mission work

The agency also identified six short-term objectives in the strategy. They are:

  • Provide an empowering environment within the agency to support multiple equity and environmental justice approaches at NOAA Fisheries
  • Incorporate equity and environmental justice in agency policies and plans
  • Achieve equity in research and researching equity
  • Outreach and engage equitably
  • Equitably distribute benefits
  • Ensure inclusive governance

This national strategy is the result of guidance from recent Executive Orders, the White House Environmental Justice Advisory Council, the Department of Commerce’s Equity Action Plan, NOAA’s Climate Council and agency leadership, enthusiastic staff participation, and a clear and growing need indicated by underserved communities. The strategy also builds on our previous equity and environmental justice efforts to provide guidance for incorporating and prioritizing EEJ in ongoing and future activities in support of our mission.

“While we are making progress in addressing equity and environmental justice, we know that we have much more work to do to embed EEJ into our day-to-day efforts,” said NOAA Fisheries Deputy Assistant Administrator for Regulatory Programs, Sam Rauch, who also convened and led the agency’s EEJ Working Group. “By focusing on these goals and objectives we will provide more equitable stewardship of the nation’s ocean resources and their habitat.”

How You Can Help

NOAA Fisheries’ science, conservation, and management activities serve a diverse array of communities across the United States and territories. However, not all communities have equal opportunities and access to agency-led services. Through this call for public comment, we seek assistance in several areas, including help to identify:

  • Who the agency’s underserved communities are
  • How the agency can reduce barriers to underserved communities
  • How the agency can better incorporate equity and environmental justice into our daily activities
  • How we can improve equity in our programs and policies now, with our current resources, and in the future
  • Help evaluating whether the draft recommendations for action are on target

How to Provide Comment

You can provide comments online. You can also comment at webinars, by phone, and at in-person meetings. The webinars will be held on:

  • June 30, 2022, 1 – 3 p.m. HST, noon – 2 p.m. SST, July 1, 2022, 8 – 10 a.m. ChST 

(Visit this page and click on “Register for June 30 webinar”)**** (link corrected)

  • July 19, 2022, 10 a.m. – noon HST, 9 – 11 a.m. SST, July 20, 2022, 6 – 8 a.m. ChST

(Visit this page and click on “Register for July 19 webinar”) (link corrected)

****At this session, NMFS Pacific Islands Region staff will focus on Pacific Island Regional issues and will be on hand to answer questions.

Achieving Our Goals

To achieve our initial equity and environmental justice goals, each of the agency’s national program offices and geographic regions will incorporate EEJ into a step-down implementation plan. These plans will be specific and responsive to the needs of underserved communities and allows for the input of underserved communities. Each program, science center, and regional office will set equity and environmental justice as a Priority Area or milestone in annual strategic planning starting in 2023. And, the agency’s step-down implementation plans will include metrics describing equity and environmental justice actions. Our progress will be publicly reported annually in an EEJ Scorecard.

“To be clear, this strategy does not endorse business as usual and is not a rebranding of existing activities. Rather, this national strategy describes the path that NOAA Fisheries will take to incorporate EEJ into the vital services we provide to all stakeholders,” said Coit.

New criteria for Gulf of Mexico Reef Fish and Red Drum management

June 29, 2022 — NOAA Fisheries approved new criteria to inform Gulf of Mexico reef fish and red drum management, changing Amendments 48 and 5 for the respective fishery management plans.

Earlier this year NOAA Fisheries requested comments on new criteria used to inform Gulf of Mexico reef fish and red drum management. On March 2022, announcing the request, the Gulf of Mexico Fishery Management Council recommended these criteria changes for two amendments, Amendment 48 to the Fishery Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico and Amendment 5 to the FMP for the Red Drum Fishery of the Gulf of Mexico (Amendments 48/5).

According to NOAA Fisheries, “Amendment 48 to the Fishery Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico and Amendment 5 to the FMP for the Red Drum Fishery of the Gulf of Mexico (Amendments 48/5) were developed to establish or modify maximum sustainable yield (MSY) proxies, overfishing and overfished determination criteria called maximum fishing mortality thresholds (MFMTs), and minimum stock size thresholds (MSSTs), respectively, and optimum yield (OY) for some reef fish species and red drum.”

Plans and regulations are reviewed annually

The agency adds that “Status determination criteria are the MSY, MFMT, and MSST and are measurable and objective values or proxies that are used to determine if overfishing has occurred, or if the stock or stock complex is overfished. Overfishing means too many fish are being harvested from a population and overfished means that the population is too low.” Follow the link to download a Status Determination Criteria Infographic published by the Gulf of Mexico Fishery Management Council.

Read the full story at National Fisherman

2022 NOAA Northeast Sea Scallop Survey Results

June 28, 2022 — The NOAA Fisheries Integrated Sea Scallop and Habcam Research Survey is in the books for 2022. Scientists and crew completed their work aboard the University of Delaware’s R/V Hugh R. Sharp on June 13, 2022.

The Atlantic sea scallop population is surveyed every summer by NOAA Fisheries and partnering research groups. This year those partners are the Coonamessett Farm Foundation, the Virginia Institute of Marine Science and the University of Massachusetts-Dartmouth School of Marine Science and Technology. Each partner surveys an assigned area using similar methods and a standardized survey design. Here, we are reporting results for the survey areas allocated to the NOAA Fisheries-based effort, led by the Northeast Fisheries Science Center.

Resulting data are used for fishery stock assessments, fishery management, and biological studies. Sea scallops are one of the most valuable commercial fishery species in the nation.

Leg 1 of the survey was conducted May 14 to 23 off the Mid-Atlantic and southern Georges Bank. Researchers deployed the stereo camera and sensor system known as Habcam V4.

Leg 2 was conducted from May 25 to June 3, and Leg 3 operated from June 5 to June 13. On these legs, we deployed both Habcam V4 and a scallop dredge. The dredge is a standardized 8-foot wide New Bedford sea scallop dredge that collects sea scallops for biological analyses.

Read the full story at NOAA Fisheries

Department of Commerce Announces 2022 Appointments to the Regional Fishery Management Councils

June 28, 2022 — The following was released by NOAA Fisheries:

The U.S. Department of Commerce today announced the appointment of 20 new and returning members to the regional fishery management councils that partner with NOAA Fisheries to manage marine fishery resources.

Established by the Magnuson-Stevens Fishery Conservation and Management Act, councils are responsible for developing region-specific fishery management plans that safeguard and enhance the nation’s fisheries resources. Council members represent diverse groups, including commercial and recreational fishing industries, environmental organizations, and academia. They are vital to fulfilling the act’s requirements to end overfishing, rebuild fish stocks, and manage them sustainably.

NOAA Fisheries works closely with the councils through the process of developing fishery management plans. We also review, approve, and implement the plans.

Each year, the Secretary of Commerce appoints approximately one-third of the total 72 appointed members to the eight regional councils. The Secretary selects members from nominations submitted by the governors of fishing states, territories, and tribal governments.

Council members are appointed to both state-specific and regional seats—also known as obligatory and at-large seats, respectively.  Council members serve a three-year term and may be reappointed to serve three consecutive terms.

* Asterisk following a member’s name indicates a reappointment

New England Council

The New England Council includes members from Connecticut, Maine, Massachusetts, New Hampshire, and Rhode Island. 2022 appointees will fill one obligatory seat for New Hampshire, and two at-large seats.

Obligatory seat

Peter Whelan (New Hampshire)

At-large seats

Eric Hansen (Massachusetts)

Richard Bellavance (Rhode Island)*

Mid-Atlantic Council

The Mid-Atlantic Council includes members from the states of Delaware, Maryland, New Jersey, New York, North Carolina, Pennsylvania, and Virginia. 2022 appointees will fill one obligatory seat for Delaware, and three at-large seats.

Obligatory seat

Paul ‘Wes’ Townsend (Delaware)*

At-large seats

Scott Lenox (Maryland)*

Peter Hughes (New Jersey)*

Ken Neill (Virginia)

South Atlantic Council

The South Atlantic Council includes members from Florida, Georgia, North Carolina, and South Carolina. 2022 appointees will fill two obligatory seats for North Carolina and South Carolina.

Obligatory seats

Robert ‘Tim’ Griner (North Carolina)*

Gary Borland (South Carolina)

Caribbean Council

The Caribbean Council includes members from Puerto Rico and the U.S. Virgin Islands. The 2022 appointee will fill one at-large seat.

At-large seat

James Kreglo (U.S. Virgin Islands)

Gulf Council

The Gulf Council includes members from Alabama, Florida, Louisiana, Mississippi, and Texas. 2022 appointees will fill two obligatory seats for Mississippi and Texas, and one at-large seat.

Obligatory seats

Michael McDermott (Mississippi)

Troy Williamson, II (Texas)*

At-large seat

Thomas Frazer (Florida)*

Pacific Council

The Pacific Council includes members from California, Idaho, Oregon, and Washington. The Pacific Council also includes one Tribal seat. 2022 appointees will fill one obligatory seat for Idaho, and one at-large seat.

Obligatory seat

Peter Hassemer (Idaho)*

At-large seat

Marc Gorelnik (California)*

North Pacific Council

The North Pacific Council includes members from Alaska and Washington. 2022 appointees will fill two obligatory seats for Alaska.

Obligatory seats

Angela Drobnica (Alaska)

Nicole Kimball (Alaska)*

Western Pacific Council

The Western Pacific Council includes members from American Samoa, Guam, Hawaii, and the Commonwealth of the Northern Mariana Islands. 2022 appointees will fill one obligatory seat for American Samoa, and two at-large seats.

Obligatory seat

William Sword (American Samoa)*

At-large seats

Judith Guthertz (Guam)

Shaelene Kamakaala (Hawaii)

 

NOAA proposes new steps to combat illegal fishing, counter forced labor in seafood supply chain

June 27, 2022 — The following was released by NOAA:

Today, NOAA proposed new measures to strengthen its ability to combat illegal, unreported and unregulated (IUU) fishing activities and counter forced labor in the seafood supply chain. As a global leader in combating IUU fishing, NOAA employs a suite of tools to deter these activities where they may occur. The proposed changes are part of a rulemaking process that is open for public comment.

NOAA’s proposal broadens the scope of activities that can be considered under the High Seas Driftnet Fishing Moratorium Protection Act when identifying nations for IUU fishing, including pervasive and persistent fishing activities in waters under the jurisdiction of a nation, without authorization or in violation of that nation’s laws. In addition, fishing activities in waters beyond any national jurisdiction that involve the use of forced labor may be considered by NOAA in identifying nations for IUU fishing under the Act.

“IUU fishing undermines sustainable fisheries and healthy ocean ecosystems, threatens economic security and natural resources critical to global food security, and puts law-abiding fishers and seafood producers in the U.S. and abroad at a disadvantage,” said Janet Coit, assistant administrator for NOAA Fisheries, acting assistant secretary of commerce for oceans and atmosphere and deputy NOAA administrator. “NOAA is committed to strengthening the suite of tools we use to combat all forms of IUU fishing and counter the use of forced labor in the seafood supply chain.”

Working with interagency partners, NOAA also seeks to expand the information foreign fishing vessels must submit when requesting entry into U.S. ports in order to fully implement the Port State Measures Agreement. The proposed rule enables a risk assessment of incoming vessels to determine if they have engaged in IUU fishing activities as defined under the Agreement, and to decide whether to deny a vessel entry to port.

“The efforts to combat IUU fishing activities and counter forced labor are complex and a broad range of governments and management organizations are involved,” said Kelly Kryc, deputy assistant secretary for International Fisheries, NOAA. “As a major consumer, producer, and importer of seafood, the U.S. takes many steps to combat IUU fishing as a flag state, port state, market state, and in partnership with other agencies and countries around the world.”

NOAA co-leads the U.S. Interagency Working Group on IUU Fishing under the Maritime SAFE Act, which supports a whole-of-government approach utilizing a range of regulatory and technological tools, to counter IUU fishing and related threats to maritime security, enabling federal agencies to focus their efforts and leverage interagency coordination to maximize impact.

IUU fishing encompasses a wide variety of fishing-related activities, occurring at points along the global seafood supply chain, which may violate both national laws or responsibilities under international instruments. Learn more about NOAA’s ongoing and robust efforts to combat IUU fishing and counter forced labor.

Western Pacific Federal Managers Support Conservation Definition and Request Better Coordination with NOAA on ESA Biological Opinions

June 23, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

Today, the Council requested NOAA and the Council for Environmental Quality (CEQ) adopt a Council Coordination Committee (CCC) area-based management subcommittee’s proposed definition of “conservation area” to identify qualifying regions in President Biden’s “30×30” initiative. The CCC represents the eight Regional Fishery Management Councils in the nation.

“The Council has a golden opportunity to support what the CCC has done, and help NOAA and the CEQ move forward with a sensible and fair definition of conservation that not only includes provisions to protect biodiversity, but also promotes wise use of fisheries,” said Will Sword, Council vice chair from American Samoa.

The Council recommends CEQ follow National Environmental Protection Act (NEPA) guidelines when implementing America the Beautiful and consult state and territorial governors affected by new conservation areas. In addition, the Council will inform NOAA, the CEQ and Biden Administration that the Western Pacific Region has met 97% of the “30×30” goal to conserve 30% of all U.S. lands and waters by 2030 with its existing marine managed areas.

The Council called upon NOAA National Marine Fisheries Service (NMFS) to include the Council in developing any reasonable and prudent measures in advance of the draft biological opinions on the Hawai‘i deep-set and American Samoa longline fisheries. The biological opinion assesses if the fisheries are likely to jeopardize the continued existence or recovery of Endangered Species Act-listed species.

A NMFS policy directive recognizes the Council’s unique role in helping the agency comply with the ESA. The Council is charged with developing fishery management regulations under the Magnuson-Stevens Act, which are approved by the Secretary of Commerce and then implemented by NMFS. Despite repeated Council requests over the past three years, NMFS has not discussed potential measures that may be needed to reduce the fisheries’ impacts on ESA-listed species.

The Council recommended setting a 2023 catch limit of 2,000 metric tons (mt) of bigeye tuna each for American Samoa, Guam and the Commonwealth of the Northern Marianas (CNMI). Each U.S. Participating Territory would have a transfer limit up to 1,500 mt to Hawai‘i-based U.S. longline vessels operating under approved specified fishing agreements with the territories. Total transfers would be limited to 3,000 mt.

The Hawai‘i longline fishery has a low impact (3% of total catch) on the Western and Central Pacific (WCPO) bigeye tuna stock. The Council recommended exploring an increase to the U.S. longline catch limit for WCPO bigeye tuna and increasing future allocation limits from the territories to Hawai‘i-based longline vessels.

In the 2021 annual report on the status of fisheries in the region, pelagic fisheries catch increased across gear types, resulting in increased revenue from high fish prices. Bottomfish fisheries in the CNMI and Guam increased substantially in catch and effort. Bottomfish catch in American Samoa waned to its lowest level over the past decade—the average yearly catch of approximately 12,000 pounds dropped to just over 2,000 pounds in 2021. Reports will be available on the Council website next week.

The Council held an equity and environmental justice (EEJ) workshop in April that brought together indigenous Council members, advisory panel members, NOAA regional staff and leaders in the Western Pacific Region. To effect EEJ momentum in our region, participants emphasized the importance of outreach and engagement, building local capacity, fostering a bottom-up approach, funding community projects, collaborating with local agencies and managing climate change impacts. Based on this workshop, the Council will provide comments on the NMFS draft EEJ strategy to identify long-standing issues in the U.S. Pacific Islands.

Council Concerned With Lack of Support for Western Pacific Fishing Communities

June 22, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

On the first day of the Western Pacific Regional Fishery Management Council meeting, members learned that while the National Marine Fisheries Service (NMFS) FY2022 budget increased this year, the Council’s annual request was reduced by $343K. This cut will impact capacity-building efforts, the annual report on the status of fisheries in the region and the protected species program.

Council members were critical of the devaluing of fisheries in the Pacific Islands. Council Chair Taotasi Archie Soliai was concerned that Council programs are being impacted. “NMFS keeps talking about equity and justice, but this is not seen in our islands.”

Soliai continued, “Our economies and cultures depend on the ocean and fishing,” noting the proposed closure of the remaining waters of the Pacific Remote Island Areas north of American Samoa. Governor Mauga of American Samoa asked President Biden not to expand the Pacific Remote Islands Marine National Monument, while Governor Ige of Hawai‘i supported the request by the Pacific Remote Islands Coalition (PRIC). “Hawaii has a large, highly developed and diversified economy. American Samoa does not,” said Governor Mauga. “American Samoa is highly dependent on the United States for financial assistance to support our infrastructure, harbors, airports, hospitals, and schools. If our tuna industry collapses, American Samoa will become more dependent on U.S. financial aid.” Links to the governors’ letters can be found here: www.wpcouncil.org/event/191st-council-meeting-virtual.

Manny Dueñas, Council vice chair from Guam, echoed the chair’s comments, noting that the reduction of funding and additional closures are a “personal and major concern to the fishing communities in the islands” and that “in the Marianas, we need to fish to feed our people.”

Council members discussed a delinquent NMFS draft bottomfish fisheries biological opinion (BiOp) that was provided to the Council less than three weeks ago for comments. The publication of the opinion took three years to develop and John Gourley, Council vice chair from the Commonwealth of the Northern Marianas (CNMI), commented, “fishermen have been waiting for this to be completed to ensure they weren’t adversely affecting the protected species in their area.”

Council members also expressed their frustration with BiOp delays for the Hawai‘i deep-set longline and American Samoa longline fisheries, noting the extended delays create uncertainties that cause anxiety. The Council Executive Director Kitty Simonds reminded the NMFS regional administrator that there is a policy directive that recognizes the Council’s unique role in helping NMFS comply with the Endangered Species Act. The Council remains optimistic that it will have the opportunity to review draft BiOps prior to its next meeting in September.

The Council also requested the U.S. Coast Guard station a fast response cutter in American Samoa to support U.S. coastal security, national and international fishery patrols, search and rescue and national defense. As international fisheries around American Samoa grow, the Council would like to ensure that illegal, unreported and unregulated fishing does not encroach into the U.S. exclusive economic zone.

The Council will convene tomorrow, Wednesday, June 22 for the second of its three-day meeting to review and potentially make recommendations on protected species, pelagic and international fisheries, and program planning and research. The full agenda, background documents and instructions for connecting to the meeting and providing oral public comments are available at www.wpcouncil.org/event/191st-council-meeting-virtual