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Suit challenging new charter boat rules OK’d as class action

June 15, 2021 — Six captains and five companies from Florida and Louisiana can represent others in a lawsuit challenging new federal regulations for nearly 1,300 charter boats across the Gulf of Mexico, a federal judge has ruled.

U.S. District Judge Susie Morgan certified the suit early this month as a class action for the people who take small groups of anglers into the Gulf. She rejected an argument that some charter captains support the regulations.

“The claims and defenses of class representatives are typical of the claims of the class as a whole,” she wrote on June 2.

The lawsuit contends that privacy and other rights are violated by regulations which require permanently active tracking devices on the boats. The suit also challenges requirements to report information including the crew size, number of customers, the fee charged to each and the amount and price of fuel.

Although the regulations took effect in January, the government has not yet set a date for requiring the devices, said Judy Pino, spokeswoman for the nonprofit law firm New Civil Liberties Alliance, which represents the captains.

Read the full story at the Associated Press

Gulf of Mexico charter operators fight back against lawsuit mandating electronic monitoring

June 15, 2021 — A week after receiving class-action status in its lawsuit against the U.S. Department of Commerce, NOAA, and NOAA Fisheries, a nonpartisan civil rights group has filed an amended lawsuit regarding NOAA Fisheries plan to monitor charter boats in the Gulf of Mexico.

A group of 11 small businesses and fishing-boat owners claim that a policy requiring electronic monitoring and reporting infringes on their operations. Last July, NOAA Fisheries issued an order to electronically submit reports for each fishing trip, even if no fish were caught. It also requires boats to notify the agency before departing on any kind of trip.

Read the full story at Seafood Source

Events, fisheries proposal keep endangered orcas in the spotlight

June 14, 2021 — While endangered Southern Resident orca whales found in the Salish Sea are rarely seen by the average person, the species continues to be in the spotlight.

Several organizations are holding events throughout June to celebrate Orca Action Month, and National Oceanic and Atmospheric Administration Fisheries is gathering input on several plans that could shape efforts to protect and understand the species.

Regional wildlife photographer Bart Rulon showcased the species with several of his photos during a Skagit Fisheries Enhancement Group event held online Thursday.

Rulon and others who spend significant time on the water have seen the orcas interact with their families, their food and other wildlife including harbor porpoises.

He shared photos of one mother-son duo routinely seen together, from the time the son’s dorsal fin was small next to his mother’s, to now, with the full-grown son dwarfing his mother thanks to male orcas’ larger size.

Read the full story at The Columbian

Fishing Report: US agencies take on wind farm fish surveys

June 14, 2021 — The Bureau of Ocean Energy Management and the National Oceanic and Atmospheric Administration have joined forces to address fish survey challenges presented by offshore wind farms. The NOAA and fishermen have expressed concern about the ability to do fish surveys in wind farm lease areas.

The aim of this joint BOEM/NOAA program is to mitigate the impact of not doing surveys in areas that have traditionally been studied.

NOAA Fisheries’ scientific surveys are essential for setting quotas for commercial and recreational fishermen, as well as monitoring and assessment for recovery and conservation programs for protected species and essential fish habitats.

The program will address impacts from exclusion of NOAA Fisheries’ sampling platforms from the wind development area due to operational and safety limitations; impacts on the random-stratified statistical design that is the basis for scientific assessments, advice and analyses; as well as alteration of benthic and pelagic habitats and airspace in and around the wind energy development. A timeline for initial actions will be developed as part of the program.

Read the full story at The Providence Journal

Comment on Proposed 2021-2023 Small-mesh Multispecies Specifications and Management Measures

June 11, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries is proposing the New England Fishery Management Council’s recommended catch specifications for the 2021-2023 small-mesh multispecies fishery. These proposed catch limits would increase annual quotas for southern whiting and both red hake stocks, and decrease the quota for northern silver hake. Specifications for fishing years 2022 and 2023 are projected to be the same as the proposed 2021 limits.

This proposed rule would also increase the possession limit for whiting (silver hake and offshore hake) on trips using gear with less than 3-inch mesh to 15,000 lb, and reset the in-season adjustment trigger for northern red hake to 90 percent of the annual quota from the current trigger of 37.9 percent to reduce regulatory discards.

For more details on the proposed specifications, read the proposed rule as published in the Federal Register today. The comment period is open through June 28. Submit your comments through the e-rulemaking portal.

Read the full release here

Fishing Memories: Meet Mike Pentony, Regional Administrator

June 10, 2021 — The following was released by NOAA Fisheries:

In honor of National Fishing and Boating Week, Mike Pentony, Regional Administrator for the Greater Atlantic Regional Fisheries Office, shares his fondness for recreational fishing.

What is your earliest fishing memory?

I grew up at the Jersey Shore, so fishing was all around me as a kid. My earliest fishing memory was entering a fishing contest when I was probably 6 years old. We fished in this little pond in Manasquan, New Jersey, and I won the contest for my age group. (Probably because I was the only kid who actually caught a fish.)

After we moved from Manasquan over to Point Pleasant, I spent a lot of time fishing at the Manasquan Inlet. My friends and I would ride our bikes to fish at the Point Pleasant Canal. With just a simple spoon, we could do pretty well fishing for bluefish, which I would bring home and my mom would grill up with tomatoes, lemon, and bacon. I also had a few crab traps and we’d ride our bikes down to the river beach, hop a fence, and catch a few blue crabs to bring home for dinner.

Learn more about his fishing memories in our web story.

NOAA Fisheries Offers More Ways to Receive News and Updates About the New Southeast For-Hire Electronic Reporting Program

June 10, 2021 — The following was released by NOAA Fisheries:

Key Message:

NOAA Fisheries’ Southeast Regional Office continues to look for and offer ways to communicate news and updates related to the Southeast For-Hire Electronic Reporting program.  Fishermen may now sign up for three new fishery bulletins specific to where they fish.  These bulletins are designed for this program and all Southeast federal for-hire/charter boat permit holders.  They will contain important information not covered in the other bulletins you may already be receiving.

More Information on How to Sign-Up:

  • NOAA Fisheries has created three new fishery bulletin groups:
    • For-Hire Electronic Reporting General Interest Updates: information relevant to all program participants
    • For-Hire Electronic Reporting Gulf of Mexico Updates: information relevant to Gulf of Mexico program requirements only
    • For-Hire Electronic Reporting South Atlantic Updates: information relevant to South Atlantic program requirements only
    • You may sign up for one or all of the bulletin groups.

To sign up for these bulletins, go to: https://public.govdelivery.com/accounts/USNOAAFISHERIES/subscriber/new.

Once you are on the sign up page follow these directions:

  • Bulletins are listed under the Regional Updates subscription topic.
  • Under the Southeast Updates sub-topic, click the + sign to expand the list,
  • Check the boxes for the bulletins of interest,
  • Then click submit

NOAA Fisheries implemented the Southeast For-Hire Electronic Reporting program in January 2021.  This program is expected to provide more timely catch, effort, and discard information from federally-permitted for-hire vessels, be used in future fish population assessments, and inform management decisions.

Please call our customer service hotline with any questions (available Monday-Friday, 8:00-4:30, EST) at 1-833-707-1632 or email us at ser.electronicreporting@noaa.gov.

To access additional information, such as tool-kits and instructional videos, go to: https://www.fisheries.noaa.gov/southeast/recreational-fishing-data/southeast-hire-electronic-reporting-program.

The History of Seabird Bycatch Reduction in Alaska

June 10, 2021 — The following was released by NOAA Fisheries:

The Seabird Bycatch Problem

The presence of “free” food in the form of offal and bait attracts many birds to fishing operations. In the process of feeding, birds sometimes come into contact with fishing gear and are accidentally killed. For example, most birds taken during hook-and-line operations are attracted to the baited hooks when the gear is being set. These birds become hooked at the surface and are then dragged underwater where they drown.

The Short-tailed Albatross and The Endangered Species Act

Because the endangered short-tailed albatross, Phoebastria albatrus, occurs in areas where commercial fisheries occur off Alaska, NOAA Fisheries engages in required section 7 Endangered Species Act (ESA) consultations with the U.S. Fish & Wildlife Service (USFWS), the federal agency with trust responsibility for seabirds. Short-tailed albatrosses have been observed from commercial fishing vessels off Alaska and several have been reported taken. The USFWS has issued Biological Opinions that address the potential effects of the Pacific halibut hook-and-line fishery and the Bering Sea/Aleutian Islands (BSAI) and Gulf of Alaska (GOA) hook-and-line groundfish fisheries on the endangered short-tailed albatross. The USFWS Biological Opinions state that these fisheries are not likely to jeopardize the continued existence of the short-tailed albatross. But because incidental take in the fisheries is possible, an incidental take limit has been established for each fishery. Every 2 years, beginning with 2016-2017, up to 6 short-tailed albatrosses are allowed in the BSAI and GOA groundfish hook-and-line or trawl fisheries. Up to 2 short-tailed albatrosses are allowed in the Pacific halibut fishery off Alaska. If either take limit is exceeded, NOAA Fisheries immediately re-initiates consultation with USFWS to consider possible modifications of the reasonable and prudent measures established to minimize the impacts of the incidental take.

In general, the seabird avoidance measures used to help the short-tailed albatross are not species-specific, therefore the measures can also help reduce the bycatch of other seabirds that occur around commercial fishing vessels.

Read the full release here

Eight aquaculture projects slated to receive USD 11 million through NOAA grant program

June 9, 2021 — NOAA Fisheries has recommended more than USD 11 million (EUR 9 million) for 43 projects under the 2021 Saltonstall-Kennedy (S-K) Competitive Grants Program – eight of which are aquaculture initiatives.

The eight aquaculture-related projects recommended by NOAA include a number of scientific research projects examining topics ranging from pathogens to work on monetizing industry byproducts. Of the projects recommended for funding, five of them are examining subjects relevant to shellfish and bivalves.

Read the full story at Seafood Source

Progress Update: Engaging Recreational Anglers in Habitat Conservation

June 9, 2021 — The following was released by NOAA Fisheries:

NOAA funded four projects to engage recreational anglers in habitat conservation in Washington, Virginia, California, and Alaska in 2020. The projects were funded through the National Fish Habitat Partnership. They demonstrated NOAA’s commitment to collaborate with the recreational fishing community. Despite a challenging year, these projects made great progress to benefit coastal communities, fish, and habitats.

Improving Fish Passage on Mink Creek in Alaska

The Takshanuk Watershed Council removed a culvert that was blocking fish passage in Mink Creek in Southeast Alaska in August of 2020. The stream is home to coho and chum salmon, as well as Dolly Varden and cutthroat trout. It is listed in the Alaska Anadromous Waters Catalog, which provides habitat protection under state law. This spring, the Takshanuk Watershed Council began the next phase of the project. This phase includes planting native vegetation along the streambank, constructing a footbridge over the creek, and monitoring fish populations and water quality in the area. These activities will involve youth from the Chilkat Forest Investigators’ after school outdoor science program, as well as recreational anglers. The project will restore the stream and enhance habitat for species important to the recreational and subsistence fishing communities. The culvert removal was funded by the U.S. Fish and Wildlife Service. This work is being conducted as part of the Southeast Alaska Fish Habitat Partnership.

Read the full release here

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