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East Coast fishermen file appeal over cost of government-required ‘at-sea monitors’

December 12th, 2016 — David Goethel built his life off the profits of cod, trolling the waters of New England for 30 years netting the region’s once-abundant signature fish.

“My slice of the American Dream was paid for from fishing,” Goethel said from behind the wheel of his 44-foot fishing trawler on a windy Friday afternoon in December. “Cape Cod house, two cars, four college educations – it all came out of the fish hole in this boat.”

But a controversial federal mandate is threatening to put him out of business, he claims.

The National Oceanic and Atmospheric Administration, NOAA, requires groundfishermen — those who catch cod, haddock and other common bottom-dwelling species — to carry on board “at-sea monitors.” The observers, hired by three for-profit companies, are third-party workers whose task it is to observe fishermen’s compliance with federal regulations and ensure annual quotas are not exceeded.

The dispute lies in the cost of the monitors and who should pay for them: Fishermen are billed on average $700 a day when a regulator is present.

NOAA, meanwhile, says monitors were placed on fishing boats like Goethel’s only 14 percent of the time in 2016 — and claims the fishing industry supported this system of regulation in 2010 when a vote went before the New England Fishery Management Council, an advisory board to NOAA that sets the rules.

Read the full story at Fox News 

Commercial Harvest of Vermilion Snapper in South Atlantic Federal Waters will Open for Two Days on December 14 and 15

December 12, 2016 — The following was released by the South Atlantic Fishery Management Council:

Commercial harvest of vermilion snapper in federal waters of the South Atlantic will reopen for two days on December 14 and December 15, 2016. Commercial harvest will reopen 12:01 a.m. (local time) on December 14 th and close 12:01 a.m. (local time) on December 16 th. During the two-day opening, the commercial trip limit for vermilion snapper is 555 pounds whole weight or 500 pounds gutted weight.

On October 11, 2016, the commercial quota for the July through December 2016 season was projected to be met, and NOAA Fisheries closed the season. However, a recent landings update indicates that the vermilion snapper quota was not met. The 2017 January through June fishing season opens at 12:01 a.m. (local time) on January 1, 2017.

Tagging study of gray seals could cost a half million dollars

December 12, 2016 — NANTUCKET, Mass. — As David Pierce sat at the table at the Nantucket Seal Symposium last month, he said one image came to mind: private pilot Aaron Knight’s video from April of miles of gray seals, a dozen deep, cheek by jowl, banding the Monomoy shoreline.

Recently appointed as director of the state Division of Marine Fisheries, Pierce is a veteran of decades of fisheries negotiations as former director Paul Diodati’s proxy on the New England Fishery Management Council. Fishery managers live and die by population estimates – known as stock assessments – that help set sustainable catch levels for commercial fishermen, so it was disconcerting to hear that the same level of science had not been applied to the predators who eat them.

“The determination of population size is extremely important, especially in the context of ecosystem management in New England,” Pierce said. “If (gray seals) are out there in large numbers foraging, what might their impact be on the Georges Bank ecosystem?”

The answer will not be coming any time soon, according to federal fisheries officials at the symposium.

“It’s just an expensive number to get,” said Sean Hayes, the National Oceanic and Atmospheric Administration branch chief for protected species in the Northeast.

Kimberly Murray, coordinator of the seal research program at NOAA Fisheries Northeast Fisheries Science Research Center in Woods Hole, said it could cost as much as a half million dollars to conduct the tagging study alone.

The operational budget for seal research is around $10,000, Hayes said, although that doesn’t include the salaries for the two full-time and two part-time employees in the program.

Federal agencies are required to stick to the budgets they are allocated by Congress, and NOAA can’t shift money around among species. Because of their historic comeback from virtual extinction in New England waters, gray seals are far down on the budget priority list, Hayes explained, and get minimal funding. To put more money into seal research, he’d have to take it from other programs for more highly endangered species such as right whales during the budget process, and make a successful plea to put that amount into seals.

“We definitely want to try and find the resources to do the whole population count, but competing resource priorities from headquarters for species like the right whales, or a roof collapse at a science center, that comes up every year,” Hayes said. “Headquarters is getting hit by all the science centers. Everyone has an urgent priority.”

The region’s fishermen have been asking in vain for years for the National Oceanic and Atmospheric Administration’s fisheries division to give them a true population number for gray seals to gauge their impact on fish stocks such as cod, haddock, flounders and striped bass. With the arrival of hundreds of great white sharks to inshore waters of Cape Cod every year, to feast on members of the largest gray seal colony in the U.S., new voices have emerged with concerns about public safety.

“Where is this headed and how are we going to know at what rate this population is increasing if we don’t know what the number is now?” asked Orleans Natural Resources Manager Nate Sears.

Their resurgence is both a Marine Mammal Protection Act success story and a cause for concern.

Read the full story at the Cape Cod Times

South Atlantic Fishery Management Council Recognizes Law Enforcement Officer of the Year

December 9, 2016 — The following was released by the South Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council awarded its annual Law Enforcement Officer of the Year Award to Special Agent Richard Chesler during the Council’s meeting this week in Atlantic Beach, North Carolina. The annual award recognizes distinctive service, professionalism, and dedication to enforcing fisheries regulations in the South Atlantic. Special Agent Chesler is a criminal investigator assigned to NOAA Fisheries Office of Law Enforcement Southeast Division in Port Orange, Florida.

“The Council recognizes the important role that law enforcement plays in effective fisheries management,” said Council Chair Dr. Michelle Duval. “We are fortunate to have dedicated men and women working tirelessly in the field and behind the scenes, at both the state and federal level to help protect our marine resources. I am very pleased to have the opportunity to present the award to Agent Chesler, who has exemplified these characteristics throughout his law enforcement career.”

Special Agent Chesler began his career nearly two decades ago as a U.S. Coast Guard recruit, working counter-drug and U.N. Sanction enforcement in the Caribbean, Eastern Pacific and Northern Arabian Gulf. His duties also included working as a boarding officer enforcing fisheries regulations in the frigid waters off the coast of Alaska, where he developed a passion for natural resources. After leaving active duty, Chesler pursued his interests in conservation by accepting a position as patrol officer for the National Park Service Park Police in the Washington DC area. Before becoming a Special Agent with NOAA Fisheries Office of Law Enforcement in 2003 he also worked as a deputy U.S. Marshal.

As a Special Agent for NOAA Fisheries Chesler conducts complex criminal and civil investigations of violations of federal fisheries law under the Magnuson-Stevens Act as well as those impacting endangered species, marine mammals, and regulations covered under the Lacey Act. He also works field enforcement including patrols and surveillance and provides liaison and training as part of the joint enforcement agreement (JEA) with the Florida Fish and Wildlife Conservation Commission, working closely with the offshore patrol vessel program. Agent Chesler shares his subject matter expertise on fisheries with the U.S. Coast

Guard Sector Jacksonville operations and intelligence departments. With an outgoing personality, SA Chesler has coordinated or participated in numerous outreach events, presented to the Council on law enforcement issues, and authored the law enforcement component of the Oculina Evaluation Plan, outlining enforcement approaches for the managed area.

Since joining NOAA Enforcement he earned a Master’s degree in Criminal Justice from the University of Central Florida and combines his education and unique field experience to provide high-level enforcement training at the state and federal level. Because of his reputation as an instructor, Agent Chesler was selected to participate in international enforcement capacity building for living marine resources, providing training in Liberia, Sierra Leone, and Brazil.

“SA Chesler’s tireless work ethic, outstanding liaison with partner agencies, and willingness to take on additional leadership responsibilities has significantly contributed to the overall success of NOAA’s Southeast Office of Law Enforcement,” said Manny Antonaras, Deputy Special Agent in Charge. Chesler recently volunteered for and performed as an acting supervisor. He has also been instrumental in streamlining the processing time for case packages, leading to faster issuance of summary settlements.

“It is both an honor and privilege to join the elite group of fisheries enforcement professionals who have received this award,” said Chesler. “This award is a reflection of the outstanding partnerships I enjoy with the Florida Fish and Wildlife Conservation Commission and the U.S. Coast Guard.  For me, I see it as a team award, I’m just the person accepting it”.

The Council initiated the Law Enforcement Officer of the Year Award in 2010. Nominees may be submitted from each of the southeastern state law enforcement agencies, the U.S. Coast Guard, and NOAA Fisheries. The Council’s Law Enforcement Advisory Panel selected three of the nominees for 2015 consideration by the Council. The other nominees were Officer Amos Williams with the N.C. Division of Marine Fisheries’ Marine Patrol and Officer Clay McDonough with the Florida Fish and Wildlife Conservation Commission.

Fishing Report: Hearing on menhaden set for Dec. 19 at URI

December 9th, 2016 — Atlantic menhaden are an important forage fish for striped bass, bluefish, tuna and other species. Recreational anglers claim that fishing for these game fish is off when the quantity of forage fish is down. Additionally, Atlantic menhaden are filter feeders with each fish processing thousands of gallons of water filtering out plankton to help prevent algae blooms.

So if you want to impact regulations pertaining to this species, now is the time to become active. There will be an Atlantic menhaden public hearing to talk about important Fishery Management Plan issues on Dec. 19 at 7 p.m. at the Corless Auditorium at the URI Bay Campus, Narragansett. The hearing will address a new Public Information Document that is a predecessor to Amendment 3 to the Atlantic menhaden Fishery Management Plan that will be developed later this year.

NOAA’s website says Atlantic menhaden “play an important role in the ecosystem as both a forage fish for striped bass, weakfish, bluefish, and predatory birds such as osprey and eagles as well as serving as a filter feeder because they feed on phytoplankton and zooplankton at various life stages.”

Read the full story at the Providence Journal 

Comment Federal judge tosses another fisheries management rule

December 9th, 2016 — Federal judges keep smacking down the North Pacific Fishery Management Council’s decisions.

For the second time in the last three months, a federal court has overturned a management decision made by the North Pacific council and enacted by the National Marine Fisheries Service, or NMFS. The United States District Court of Washington overturned a 2011 decision relating to halibut quota shares harvested by hired skippers on Nov. 16.

Federal courts have overturned several council decisions in recent years. In September, a the 9th Circuit Court of Appeals overturned the council’s 2011 decision to remove Cook Inlet, Prince William Sound and Alaska Peninsula salmon fisheries from federal oversight.

In this case, the North Pacific council made a decision in 2011 regarding which halibut quota holders can use a hired skipper instead of being required to be on board the vessel. Due to the court’s ruling, NOAA will have to open that group back up after limiting it in 2011.

Julie Speegle, the NMFS Alaska Region spokesperson, said the agency will change the impacted halibut fishermen’s quota shares to reflect the court’s ruling and that the council itself will review the issue.

Read the full story at the Juneau Empire 

Commission seeking public input on menhaden management plan

December 8th, 2016 – The group charged with coordinating the management and conservation of more than two dozen nearshore fish species in the Atlantic coastal states is seeking input on its management plan for menhaden.

The Atlantic States Marine Fisheries Commission released a “public information document” last month outlining a series of options for managing the fish and requesting feedback from the public.

Menhaden are small, silvery fish that play a critical role in the bay’s ecosystem, according to the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration (NOAA).

They serve as a forage fish for striped bass, weakfish, bluefish, and predatory birds like eagles, and also a key role as a filter feeder, feeding on phytoplankton and zooplankton, the NOAA office’s website says.

The menhaden management plan will address catch quotas for the fish along the Atlantic Coast.

The Chesapeake Bay Foundation is calling for the commission to shift to an “ecosystem” management approach that “ensures there are enough menhaden in the water to fulfill their role in the food chain for the protection of all marine life.”

Public comments must be received by 5 p.m. on Jan. 4.

Comments may be mailed to Megan Ware, Fishery Management Plan Coordinator, Atlantic States Marine Fisheries Commission, 1050 North Highland St., Suite 200A-N, Arlington, Virginia 22201.

Read the full story at the Capitol Gazette

Can Atlantic Cod Return to Canada’s East Coast?

December 8th, 2016 — According to the New England Fishery Management Council, the 2016 quotas for George’s Banks Cod are 1200 metric tonnes for 2016 and 500 metric tonnes for Cod in the Gulf of Maine.

In an article posted by the NOAA last month, optomism for the health of these stocks are low due to warming waters and bycatch concerns.

Many East Coast processors, however, feel that the fishery is in remission and hope for increased total allowable catches before re-building infrastructure from the moratorium in the early 1990s.

For now, fillet production has been predominately labour intensive hand cutting, tightening profit margins considerably.

Pricing last month on Canadian Atlantic Cod was around $3.25 per pound for 12-32oz skinless fillets caught in Newfoundland, and $3.15 per pound for shatterpacked bones 4-8oz fillets in Boston.

The Fishery is faced with adverse weather conditions at the moment – full fishing efforts should resume in Spring 2017 at which point we will have a clearer outlook on pricing.

— Another interesting note on this fishery – Scientists are now pushing for increased commercial Atlantic Cod quotas because of Snow Crab stocks in the Maritimes.

Read the full story at The Fish Site 

Mid-Atlantic Congressmen: No to Marine Sanctuaries in Baltimore, Hudson, and Norfolk Canyons

WASHINGTON — December 8, 2016 — In a recent letter to NOAA Administrator Kathryn D. Sullivan, Members of Congress representing five Mid-Atlantic states expressed trepidation regarding the potential designations of Baltimore, Hudson, and Norfolk Canyons as Marine Sanctuaries. Those signing the letter included Congressman Tom MacArthur (NJ-03), Congressman Walter B. Jones (NC-03), Congressman Frank LoBiondo (NJ-2), Congressman Lee Zeldin (NY-01), Congressman Chris Smith (NJ-04), Congressman Rob Wittman (VA-01), and Congressman Andy Harris, M.D. (MD-01).

In their letter, the Members of Congress argued the Canyons are already protected by the groundbreaking Deep Sea Coral amendment passed in 2015 by the Mid Atlantic Fishery Management Council.

The Garden State Seafood Association (GSSA), which took a leading role in the amendment effort, opposes the new designations, noting they are unnecessarily burdensome and fail to incorporate the voices of all ocean stakeholders.

“The GSSA does not believe a sanctuary designation is necessary as the canyons are already sufficiently protected by the Deep Sea Coral amendment,” said GSSA Executive Director Greg DiDomenico. “Designation of these canyons as marine sanctuaries would unjustifiably and unnecessarily extend prohibited fishing areas for hundreds of miles. Most egregiously, the unilateral nature of a marine sanctuary designation runs counter to the cooperative and participatory nature under which the Deep Sea Coral amendment was developed.”

Read the full letter here

Scientists Improve Predictions of How Temperature Affects the Survival of Fish Embryos

December 7, 2016 — The following was released by NOAA:

Scientists closely tracking the survival of endangered Sacramento River salmon faced a puzzle: the same high temperatures that salmon eggs survived in the laboratory appeared to kill many of the eggs in the river.

Now the scientists from NOAA Fisheries and the University of California at Santa Cruz have resolved the puzzle, realizing new insights into how egg size and water flow affect the survival of egg-laying fish. The larger the eggs, they found, the greater the water flow they need to supply them with oxygen and carry away waste.

The results of the study were published in the scientific journal Ecology Letters. NOAA Fisheries is using the findings to improve protection of fish in the Sacramento River.

“Our model, based on a literature search of laboratory studies, predicted that temperatures in the upper Sacramento River since 1996 almost never got warm enough to cause mortality of salmon embryos,” said Benjamin Martin, NOAA Fisheries researcher and lead author of the study. “But data from field studies in the Sacramento River indicated that in some years, temperature-related mortality exceeded 75 percent, for example, in 2014-2015.”

Scientists often use laboratory studies to estimate how species will respond to elevated temperatures. The results from this study reveal that fish may respond to temperature differently in the field than in the lab. Understanding the causes for this difference may help researchers improve their predictions of how temperature affects fish eggs across different environments.

“We wanted to know why these salmon eggs have a much lower thermal tolerance in the field compared to the lab,” said Martin. “We hypothesized that the reason salmon eggs die in the river is because they don’t get enough oxygen.”

External temperatures govern the biological processes of salmon eggs and the embryos inside. As the water gets warmer their metabolism increases, demanding more and more oxygen. Unlike juvenile and adult fish, eggs cannot move and don’t have a developed respiratory or circulatory system. Instead they rely on flowing water to supply oxygen and carry away waste products.

Winter-run Chinook salmon are especially challenged when it comes to warmer water temperatures because their eggs are atypically large and require more oxygen exchange. Their egg size evolved to take advantage of cold water above Shasta Dam where they once spawned. However, the salmon now spawn in the warmer Sacramento River below the dam.

After further analysis of field data, scientists found a fundamental difference between conditions in the laboratory and conditions that effect eggs in the wild.

Laboratory studies estimating the temperature tolerance of the Chinook eggs included water flowing over the eggs at about two to three times faster than salmon eggs typically experience in the wild. The faster moving water provided more oxygen to the eggs in the laboratory, allowing them to survive higher temperatures.

The researchers borrowed concepts from physics to develop a model to determine how much oxygen flowing water can supply to fish eggs, depending on its velocity. The model predicted that the slower flowing water in the river would not supply the oxygen needed for egg viability in elevated temperature conditions. Field studies found that the slower flow in the river equated to about a 3 °C difference in the temperature tolerance of eggs, exactly what the model predicted.

This new model also provides an explanation for why fish species produce larger eggs in colder water. In general, the oxygen demand of eggs is proportional to their volume, while oxygen supply is proportional to the surface area of the egg, where the oxygen diffuses into the egg from the surrounding water. The surface area to volume ratio of an egg decreases with increasing egg size, which sets a limit on how large eggs can be and still get enough oxygen to survive. Since oxygen demand increases with temperature, fish species in warm water must make smaller eggs to match oxygen demand with supply. However this model also predicts that fish can produce larger eggs in warm waters when they are in high flow environments.

The researchers compiled data on 180 fish species and found that eggs in high flow environments, such as rivers, consistently produce larger eggs than expected for a given temperature. Some fish have even adapted to produce larger eggs in warm waters by using their tail to fan water over their eggs, which comes with a significant cost in terms of energy, time and risk of predation.

One important implication of this model is that warming conditions and declines in oxygen levels in aquatic systems may create evolutionary pressure for fish to produce smaller eggs in the future.

NOAA Fisheries has incorporated the new findings into agency guidance regarding the temperatures needed to support endangered Chinook salmon in the Sacramento River.

“This science helps us understand how seemingly small changes in river conditions can make a big difference for the salmon we’re trying to protect,” said Maria Rea, Assistant Regional Administrator for the California Central Valley Office. “This is a reminder that as much as we can learn in the laboratory, we have to always check that against what we see in the wild.”

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