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Federal judge gives NOAA time to craft new whale rules

August 21, 2020 — A federal district court judge, in a decision issued on Aug. 19, gave the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) nine more months to craft new rules to protect endangered right whales from entanglement in lobster fishing gear.

Judge James E. Boasberg also denied a request by conservation organizations for an immediate ban on lobster fishing in a vast area of the ocean south of Nantucket Island in Massachusetts.

In April, Boasberg ruled that NMFS violated the federal Endangered Species Act in 2014 when it adopted new rules governing the lobster fishery by failing to adequately consider the risk that endangered right whales could be seriously injured or killed if they become entangled in the vertical end lines that connect lobster traps on the sea floor to marker buoys on the surface. The judge vacated the NMFS “biological opinion” required by the Endangered Species Act, which supported continuation of the lobster fishery. Two weeks ago, the court heard arguments on what should be done to remedy the situation.

The conservation organizations that originally filed the lawsuit in 2018 asked the court to give NMFS a Jan. 31 deadline to adopt a new biological opinion and to order an immediate end to lobster fishing in a vast area of southern New England waters. NMFS and several intervenors representing various segments of the lobster industry in Maine and Massachusetts asked for the court to delay its order vacating the biological opinion until May 31, 2021.

Read the full story at The Ellsworth American

NOAA selects two regions as potential Aquaculture Opportunity Areas

August 20, 2020 — NOAA Fisheries has announced that federal waters off the coast of Southern California and in the Gulf of Mexico will be the first two regions investigated for future Aquaculture Opportunity Areas in the U.S.

The areas were chosen for initial assement following on an executive order by U.S. President Donald Trump issued with the goal of increasing domestic aquaculture production in the U.S. One part of the order stipulated the identification of “at least two” geographic areas within federal waters that would be suitable for commercial aquaculture within a year of the order.

Read the full story at Seafood Source

Senator Schumer Wants An Explanation of How NOAA is Guaranteeing Safety After Redeploying Observers

August 20, 2020 — New York Senator Chuck Schumer is the latest politician to speak out regarding the redeployment of at-sea observers.

At-sea observer requirements were waived in late March as the coronavirus began to spread in the U.S. That waiver was extended multiple times until being lifted this past Friday, August 14.

Read the full story at Seafood News

Andrew Jones Leads Effort to Apply Industry-Collected Data to Scientific Problems

August 19, 2020 — The following was released by NOAA Fisheries:

Andrew Jones was deep into an explanation of why pushing the boundaries of knowledge often involves interacting with people who have different ideas. He paused to sip his coffee, then his face changed from affable to deeply serious. He jumped from his chair, and moved out of the video conference frame.

Five seconds later he popped back into view to explain. He had to make a quick course correction for his youngest daughter who is learning to crawl.

“I’m afraid she’s going to flip over backwards on her head. It’s like, just be safe!” he said.

A thoughtful explanation, coffee after a run, and a teleconference baby cameo appearance crammed into these 30 seconds sum up Jones’ daily routine over the last few months. In a way, they’re also indicative of his approach to his new job: kindness and curiosity, led by analytical thinking.

Andrew, who goes by Andy, joined the Northeast Fisheries Science Center’s Cooperative Research Branch as fishery biologist in March. He now leads the branch’s research projects that depend on working directly with the fishing industry. His goal is to advance the application and usefulness of data the branch collects with commercial fishermen. He also wants to develop new projects that can address scientific and fishing industry needs.

“I am excited to work with Andy to expand our collaborations both within the center, and with the cooperative research community in the region,” said Anna Mercer, chief of the Cooperative Research Branch. “As time goes on, Andy will be an amazing resource to our industry partners—give Andy an observation to explain or a question to answer and he’ll get right on it!”

Read the full release here

Sens. Markey and Warren press NOAA on observer redeployment while stock surveys remain suspended due to COVID-19

August 19, 2020 — The following was released by The Offices of Senators Elizabeth Warren and Edward Markey (D-MA):

Dear Acting Administrator Jacobs:

We write regarding steps that the National Oceanic and Atmospheric Administration (NOAA) has taken during the COVID-19 pandemic to manage fisheries stocks in the Northeast. We appreciate the challenges your agency faces in balancing the safety of NOAA employees, observers, fishermen, and broader communities with regulatory requirements for monitoring, observations, and surveys. However, we question the lack of consistency between the current operational plan for monitoring and observation and that for ecosystem surveys.

The dangers posed to the health of both fishing boat crews and observers led NOAA to temporarily waive at-sea monitor and observer coverage in the Northeast. The size of fishing vessels and the nature of the work makes social distancing a challenge, and the cross-jurisdictional nature of the Northeast fishery—with both observers and fishermen often traveling and working across state lines—provides an additional element of risk and complication. NOAA has provided guidance on how fishermen can seek additional waivers for coverage, but directed that at-sea observers and monitors redeploy starting on August 14, 2020.

Read the full letter here

Sen. Chuck Schumer Expresses Concern Over At-Sea Monitoring Redeployment, Says Health & Safety Must Come First

August 19, 2020 — The following was released by The Office of Senator Charles Schumer (D-NY):

Dear Secretary Ross:

I write today to convey concerns regarding the National Oceanic and Atmospheric Administration’s (NOAA) July 30, 2020 decision to resume the Northeast Fisheries Observers Program (NEFOP) and the At-Sea Monitoring Program (ASM) for the Northeast multispecies fishery amidst the ongoing global pandemic caused by the spread of the novel coronavirus SARS-CoV-2 and the health risks attributed to COVID-19. While these observer programs play a critical role in collecting the data that guides our fisheries management decisions, the health and safety of our fishermen, their families, and the observers must always come first. That’s why I was pleased when NOAA issued a March 24th, 2020 emergency action waiving observer coverage requirements established under the Magnuson-Stevens Fishery Conservation and Management Act and subsequent waivers to the program through August 14th. NOAA’s initial decision in March and its subsequent waivers were necessary to protect the health of commercial fishermen across the country, while allowing them to continue to do their job as essential food harvesters and producers. While I appreciate the initial steps NOAA has taken to protect our fishing community, the decision to redeploy observers has raised questions about whether observers can be deployed without putting the fishing community, and the observers, at risk. Before the agency moves forward, I request NOAA immediately report to me how NOAA plans to guarantee that federal health guidelines are maintained during the redeployment of observers to ensure the safety of captains, crews and observers.

In response to the pandemic, the Center for Disease Control (CDC) developed guidance to limit the spread of the coronavirus. The Occupational Safety and Health Administration (OSHA) has also developed guidance on preparing workplaces for COVID-19. Guidance from both agencies include recommendations for daily health checks, face coverings, social distancing practices, improved ventilation, and isolation of employees who show COVID-like symptoms.

While some of these safety measures can be easily implemented on a small vessel, others such as isolating individuals with COVID-like symptoms will be challenging if not impossible on a small vessel. I have heard from a number of New York’s commercial fishermen who do not believe their vessels are large enough to maintain an appropriate level of social distancing from observers based on federal health guidelines. How does NOAA plan to ensure observers, fishermen, and providers are complying with OSHA and CDC recommendations so that the redeployment of observers will not pose a safety risk to the observer and fishing communities?

Read the full letter here

Update to West Coast Groundfish and Highly Migratory Species Fleets on Observer and Catch Monitor Coverage during COVID-19

August 19, 2020 — The following was released by NOAA Fisheries:

On July 30, 2020, NOAA Fisheries announced national-level criteria for vessels to be waived (released) from at-sea observer or shore-based catch monitor coverage requirements. Observer or monitor coverage may be waived, for both full and partial-coverage fisheries, on a trip-specific basis if one of the following two criteria are met:

  1. Observers or at-sea monitors are not available for deployment; or
  2. The observer providers cannot meet the safety protocols imposed by a state on commercial fishing crew or by the vessel or vessel company on its crew.

We remain committed to the public health and safety of fishermen, observers, and their communities, while fulfilling our mission to maintain our nation’s seafood supply and conserving marine life. Since late March 2020, NOAA Fisheries has been working with West Coast observer and catch monitor providers to implement safety protocols that meet state and Centers for Disease Control and Prevention (CDC) guidelines. Within our limited authority, our efforts are intended to ensure observers and monitors are following the same safety protocols that fishermen are following.

These measures include the following:

  1. One-to-one observer-to-vessel and plant placement. Observers are assigned to one vessel, and catch monitors are assigned to one plant. If an observer or catch monitor must be reassigned, then the observer or catch monitor must self-isolate for 14 days prior to the new deployment. Alternate arrangements may be made if agreed to by the vessel/plant, observer provider, and the observer/catch monitor.
  2. Self-isolation for observers and catch monitors. Observers and catch monitors are self-isolating for 14 days prior to first deployment with their assigned vessel or plant and in between trips or offloads. Self-isolation means they are staying home with limited travel for essential trips and only being allowed limited, pre-approved leave.
  3. Pre-trip screening. Observers and catch monitors complete a pre-trip screening questionnaire before each trip that is designed to ensure that observers are following the provider’s protocols and to screen for COVID-19 symptoms and exposure. Observers and catch monitors that fail the screening are not deployed until they receive a negative COVID-19 test or can complete an additional 14-day self-isolation period.
  4. Testing. Observers and catch monitors are required to receive a viral COVID-19 test according to CDC guidelines in the following scenarios.
      • The observer/catch monitor answers “yes” to any of the pre-trip screening questions.
      • The observer/catch monitor is exhibiting signs or symptoms consistent with COVID-19.
      • The observer/catch monitor has recent known or suspected exposure to COVID-19.
      • When requested by a licensed physician.
      • In conjunction with vessel protocols ahead of deployments.

Vessel owners/operators should notify the Observer Program if their vessel or vessel company are following stricter safety protocols than those listed above that they would like the federally-contracted observer to follow. Contact NOAA Fisheries’ Northwest Fisheries Science Center Observer Program at (866) 780-8064 for groundfish fisheries or West Coast Region Observer Program at (562) 980-4033 for highly migratory species fisheries.

Please give the Observer Program at least two weeks’ notice of the vessel’s specific protocols, and longer if the provider would need additional time to comply with the protocols before deployment. Vessel owners/operators and processors in the West Coast Groundfish trawl fishery should contact their individually-contracted observer/catch monitor providers to discuss specific protocols.

Additionally, NOAA Fisheries is seeking vessels and first receivers that are interested in testing electronic monitoring in lieu of human observers or catch monitors to develop exempted fishing permit applications in all west coast groundfish fisheries.

To discuss applying for an electronic monitoring exempted fishing permit, contact NOAA Fisheries’ West Coast Region, Sustainable Fisheries Division, Permits Branch at (206) 526-4353.

NOAA Awards $3.1 Million to 21 Small Businesses to Develop New Technology

August 18, 2020 — NOAA has awarded $3.1 million in grants to 21 small businesses from 14 states to support the development of innovative technology for aquaculture, commercial and recreational fisheries, weather prediction, earth and ocean observations and modeling.

“Small businesses across our nation are catalysts for technology innovation, which can produce products and services that support NOAA’s mission while directly benefiting the public and growing the American economy,” said Secretary of Commerce Wilbur Ross.

In December 2019, NOAA’s Small Business Innovation Research Program issued a call for applications for Phase I funding in topic areas including aquaculture; recreational and commercial fisheries, weather service improvement and evolution; next generation NOAA observing platforms; and next generation observation and modelling systems.

“As NOAA continues to strengthen its commitment to protecting life and property, we are increasingly reliant on the expertise and agility of the private sector,” said Neil Jacobs, Ph.D., acting NOAA administrator. “Through collaboration with these small businesses, Americans will benefit with increased forecast accuracy and better management of our natural resources.”

Read the full story at Environment Coastal & Offshore

Multiple Groups, Politicians Call on NOAA to Continue Waiver of At-Sea Observers

August 18, 2020 — At-sea observers in the Northeast were reinstated by NOAA on August 14— but multiple groups and politicians are urging the government agency to reconsider their decision.

Observer coverage has been waived for months due to health concerns related to the coronavirus pandemic. However, NOAA Fisheries Assistant Administrator Chris Oliver announced late last month that observer coverage in the Northeast would resume on August 14.

Read the full story at Seafood News

U.S. Adopts Safety Improvements for Observers in Pacific Tuna Fisheries

August 18, 2020 — The following was released by NOAA Fisheries:

NOAA Fisheries this week made effective new regulations to implement measures that will promote the safety of fisheries observers on tuna-fishing vessels. These measures reflect stronger international standards developed through years of U.S.-led negotiations to improve the safety of observers at sea.

For example, the measures require countries and vessel operators to take emergency actions to help observers if an observer is threatened, harassed, assaulted, missing, presumed fallen overboard, injured, or suffering from a serious illness. Also, observers aboard purse seine vessels will now receive emergency communication devices and personal locator beacons before leaving port.

Fisheries observers collect data essential to the international organizations managing tuna fishing in the eastern Pacific Ocean: the Inter-American Tropical Tuna Commission (IATTC) and Agreement on the International Dolphin Conservation Program (AIDCP). IATTC staff use the information collected by observers in fish stock assessments and to evaluate the compliance of member nations’ fishing fleets with international conservation measures.

Fisheries observers often face hazardous situations at sea. Rough waters churned up by storms, as well as busy decks with crews pulling in their catch, create dangerous conditions. Observers can also encounter difficult situations on board a vessel with fishing crews who can view them as intrusive.

Read the full release here

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