August 24, 2022 — Louisiana Attorney General Jeff Landry is getting involved in a legal battle over recreational fishing in the state.
He has filed a motion to intervene in a lawsuit challenging a National Marine Fisheries Service rule that deals with quotas for Gulf of Mexico red grouper fish.
August 23, 2022 — Thousands of people came to Milford this weekend for the Milford Oysterfest. They served up some 30,000 oysters, all grown in the water off Connecticut’s coast. As they enjoy those tasty shellfish, they may not know that, right nearby, scientists are constantly studying those oysters.
Just across the harbor is the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service laboratory. The scientists working there try to make the shellfish industry thrive.
“Among our main projects are to improve the hatchery techniques so that it’s more effective and dependable to have shellfish seed to plant,” explained Dr. Gary Wikfors, Aquaculture Sustainability Branch Chief of the Northeast Fisheries Science Center.
Shellfishing is a $30 million industry in Connecticut, and Connecticut’s senior senator wants to see more funding to study it.
July 12, 2022 — NOAA violated federal law by not doing enough to protect endangered North Atlantic right whales from entanglements caused by lobster fishing gear, a federal judge said Friday.
In his ruling, Judge James Boasberg of the U.S. District Court for the District of Columbia said the agency broke both the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) when it issued a biological opinion and a final rule that changed fishing gear requirements last year.
Boasberg declared both the biological opinion and the rule “invalid” and said more needs to be done to protect the whales.
The judge acknowledged that “this may seem a severe result” for both NOAA Fisheries and the lobster industry but added that “no actor here … operates free from the strict requirements imposed by the MMPA and ESA.”
NOAA declined to comment.
The ruling marked a win for the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife, groups that first sued NOAA in early 2018 over a prior biological opinion.
“The court’s decision recognizes what NOAA Fisheries has ignored for decades — that Congress clearly intended to protect right whales from the lobster gear entanglements that are driving the species toward extinction just as surely as whaling nearly did,” said Jane Davenport, senior attorney at Defenders of Wildlife.
Davenport said the opinion represented “the course correction the agency needs to put both the species and the fishery on a path towards sustainability and co-existence.”
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.
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.
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.
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:
The agency also identified six short-term objectives in the strategy. They are:
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:
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:
(Visit this page and click on “Register for June 30 webinar”)**** (link corrected)
(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.
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.”
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.
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.
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
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.
Peter Whelan (New Hampshire)
Eric Hansen (Massachusetts)
Richard Bellavance (Rhode Island)*
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.
Paul ‘Wes’ Townsend (Delaware)*
Scott Lenox (Maryland)*
Peter Hughes (New Jersey)*
Ken Neill (Virginia)
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.
Robert ‘Tim’ Griner (North Carolina)*
Gary Borland (South Carolina)
The Caribbean Council includes members from Puerto Rico and the U.S. Virgin Islands. The 2022 appointee will fill one at-large seat.
James Kreglo (U.S. Virgin Islands)
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.
Michael McDermott (Mississippi)
Troy Williamson, II (Texas)*
Thomas Frazer (Florida)*
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.
Peter Hassemer (Idaho)*
Marc Gorelnik (California)*
The North Pacific Council includes members from Alaska and Washington. 2022 appointees will fill two obligatory seats for Alaska.
Angela Drobnica (Alaska)
Nicole Kimball (Alaska)*
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.
William Sword (American Samoa)*
Judith Guthertz (Guam)
Shaelene Kamakaala (Hawaii)