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NOAA Fisheries Releases Updated Climate Science Regional Action Plans

July 1, 2023 — The following was released by NOAA Fisheries:

Climate change is putting our Nation’s marine life—and the people who depend on it—at great risk. We are committed to working with partners to better understand, prepare for, and respond to these impacts. Our second round of Climate Science Regional Action Plans will help decision-makers effectively prepare for and respond to rapidly changing ocean conditions.

We are already seeing evidence of how climate change is affecting marine and coastal ecosystems. In 2022, NOAA Fisheries stock assessments reported significant declines in snow crab and Bristol Bay red king crab, leading to fisheries closures in Alaska for those species. These population crashes were likely a result of the 2019 marine heatwave in the North Pacific, which has been attributed to climate change. This event, and others like it, demonstrate just what is at stake. That’s why addressing climate change at the national, regional, and local levels has been—and continues to be—a top priority for NOAA Fisheries.

The newly released plans build upon ongoing efforts first launched in 2015 by NOAA Fisheries to address climate change. They highlight our current and planned efforts with partners to better track, understand, forecast, and use information on changing ocean and climate conditions and address the key objectives of the NOAA Fisheries Climate Science Strategy.  The actions are a key part of NOAA’s effort to build a Climate Ready Nation.

Carter, Peltola submit bill delaying funds for NOAA speed restriction rules

June 28, 2023 — The following was released by Buddy Carter:

Reps. Earl L. “Buddy” Carter (R-GA) and Mary Peltola (D-AK) introduced a bipartisan bill to delay funding for the National Oceanic and Atmospheric Administration’s (NOAA) proposed speed restrictions for boats 35’ to 65’ until the Department of Commerce can fully implement new monitoring systems for North American Right Whales.

This bill comes after boaters, harbor pilots, and business owners raised concerns that the new safety regulations, nobly designed to protect the right whale from extinction, will pose safety risks for commercial vessels, threaten up to 340,000 American jobs, and negatively impact nearly $84 billion in economic contributions. Citing NOAA’s own data, the likelihood of a recreational vessel striking a right whale is less than one in a million, with boats under 65’ accounting for only five whale strikes since 2008.

“We all want to protect the right whale from extinction, but this is the wrong way to do it,” said Rep. Carter. “Before implementing a sweeping rule that will kneecap small businesses up and down the east coast, including 27,000 in Georgia alone, we must use all of the technological advancements at our disposal so that right whales and business owners can thrive together.”

“Like most of my colleagues, I am concerned about the long-term health of our marine mammal populations, including the North Atlantic Right Whale. This rule, however, has too many potential unintended consequences for small boat operators who need flexibility to maintain their safety at sea. Alaskans know that the ocean is unpredictable; limiting a vessel’s speed can have catastrophic consequences for human life and new regulations should not create additional hazards for our nation’s mariners,” said Rep. Peltola.

Last year, the National Marine Fisheries Service proposed broadening the Atlantic Right Whale Strike Reduction Rule by requiring vessels 35 to 65 feet in length to maintain a speed of roughly 11.5 mph when in waters inhabited by right whales, drawing immediate criticism from industry leaders.

“The primary purpose of harbor pilots is to protect the marine environment while ensuring maritime commerce moves safely and efficiently, so we appreciate the vision Representative Carter has shown by championing this important legislation,” said Clay Diamond, Executive Director of the American Pilots’ Association. “NOAA’s proposal was not well thought out and would have the unintended consequences of endangering pilots and pilot boat crews, raising the likelihood of marine accidents in the entrance channels of East Coast ports, and negatively impacting the maritime supply chain that is relied upon by all Americans.  Mr. Carter’s legislation would eliminate these risks by forcing NOAA to modernize its approach to its conservation efforts by focusing more on technology-based solutions.”

“We thank Reps. Carter and Peltola for standing up for recreational anglers and boaters on the Atlantic Coast with the bipartisan Protecting Whales, Human Safety, and the Economy Act of 2023,” said Center for Sportfishing Policy President Jeff Angers. “Technological solutions will be most effective in protecting marine mammals in the future, and it is good to see Members of Congress from across the country committed to protecting both our marine environment and those of us who work and recreate on America’s oceans.”

“We applaud Congressional Sportsmen’s Caucus Member Congressman Buddy Carter and Congresswoman Mary Peltola for introducing legislation that will do more for North Atlantic right whale conservation than the current rule under consideration by NOAA,” said Congressional Sportsmen’s Foundation President and CEO Jeff Crane. “Realtime monitoring, and allowing recreational anglers and boaters to be a part of the solution, is the most effective and pragmatic approach to protecting endangered whales.”

“The sportfishing industry recognizes the many challenges facing the right whale population and wants to be part of the solution. However, NOAA’s proposed vessel speed rule is deeply flawed,” said American Sportfishing Association President Glenn Hughes. “We thank Representatives Carter and Peltola for introducing this important bill that will give NOAA time to resolve the many errors throughout this rule, work with stakeholders and incorporate new and emerging technologies that can best protect whales and Americans’ access to public waters.”

Reps. Nancy Mace (R-SC), Greg Murphy (R-NC), and John Rutherford (R-FL) signed on as original co-sponsors.

“While it is important to protect the majestic Right Whale from extinction, we must also consider the safety risks posed to commercial vessels and the significant impact on jobs and the economy in South Carolina. According to NOAA’s own data, the chances of a recreational vessel striking a right whale are extremely low, and boats under 65′ have accounted for just five whale strikes since 2008. It is essential to strike a balance which ensures both whale conservation and the well-being of our maritime industries,” said Rep. Mace.

“As a Floridian, I understand the significance of the North Atlantic right whale to our ecosystems, our local economy, and our way of life,” said Congressman John Rutherford. “With less than 350 North Atlantic right whales left, we must act smartly to help this species survive. That means collaborating with all stakeholders and using the best science available. I am proud to be joining Representative Carter in spearheading this bipartisan legislation. Together we can protect the North Atlantic right whale while preserving our coastal economy.”

“NOAA’s overreach to regulate vessel speeds will not succeed in its intended purpose. If enacted, this regulation would do very little to ultimately protect right whales while threatening our local economy. If enacted, it will end up costing tens of millions of dollars for the commercial and recreational fishing industry, boat manufacturers, and small businesses in Eastern North Carolina. There will be loss of livelihoods, businesses as well as loss of recreation. I am proud to introduce this legislation alongside several colleagues of mine who share similar concerns in blocking the regulation until mitigation protocols are developed and deployed,” said Rep. Greg Murphy, MD.

Rep. Carter previously led the entire Georgia congressional delegation in a letter urging the Commerce secretary to exempt ships from the ports of Brunswick and Savannah, as well as harbor pilot boats, from the proposed seasonal speed limit rules.

Read the full bill text here.

Gulf of Mexico fishermen challenge federal regulations as unconstitutional

June 28, 2023 — A pair of U.S.commercial fishermen who work in the Gulf of Mexico are suing the federal government and the Gulf of Mexico Fishery Management Council, claiming that the regulatory system overseen by NOAA Fisheries and the regional fishery management councils represents an “unconstitutional regime.”

George Arnesen and Ryan Bradley claim that by delegating fisheries regulation to those councils, the federal government is violating “the Constitution’s structural protections,” removing democratic control and placing commercial fishermen “at the mercy of unaccountable bureaucrats.”

Read the full article at SeafoodSource

Northeast sea scallop survey cancelled after vessel sidelined

June 27, 2023 — Officials at the Northeast Fisheries Science Center say the 2023 sea scallop survey has been cancelled because of mechanical problems on the survey vessel, the R/V Hugh R. Sharp.

Owned and operated by the University of Delaware, the Sharp has been chartered by NOAA Fisheries annually since 2008 for the survey. This year’s cruise was scheduled for May 13 to June 13, before the Sharp “encountered licensed engineering shortages and mechanical difficulties at the dock in its homeport of Lewes, Del.,” according to science center statement.

After repairs and sea trials were completed June 12, the cruise was rescheduled for June 14-21, and the Sharp departed sailed from Woods Hole, Mass., with the scientific crew on board.

“However, the ship encountered further mechanical failures at sea and returned to port on June 16, ending the NOAA cruise,” according to the science center.

Read the full article at the National Fisherman

NOAA declares fishery disasters in Louisiana and Mississippi

June 27, 2023 — The U.S. Department of Commerce has determined multiple fisheries in the U.S. states of Louisiana and Mississippi suffered from disasters in 2020, clearing the way for those state to receive financial assistance from the federal government.

“Sustainable fisheries are vital to our nation’s ocean economy and fishery disasters directly harm our local communities when they occur,” Secretary of Commerce Gina Raimondo said. “These disaster determinations allow us to get fishing communities in the Gulf of Mexico the financial assistance they need to mitigate impacts of disasters, restore fisheries, and help prevent future disasters.”

Read the full article at SeafoodSource

Whale carcasses on Martha’s Vineyard fuel speculation about wind turbines

June 26, 2023 — Conservation groups and offshore wind critics are calling for an investigation into the deaths of two humpback whales that washed up on the shores of Martha’s Vineyard last week.

On Monday, June 12, a decomposing humpback whale was found in the surf on the south-east tip of Martha’s Vineyard. Early the next morning, a second humpback whale carcass was discovered about 5 miles away on the island’s eastern shoreline.

Federal scientists say that the cause of the deaths remains unclear. In an email, a spokesperson for the Greater Atlantic Regional Fisheries Office (NOAA), which is leading logistics, said that it will not be performing an autopsy on either whale and that “any type of partner supported exam is being stood down.”

The first whale was stuck in the surf, making an autopsy difficult, a NOAA spokesperson said. The agency had plans to do a “limited internal exam,” but abandoned efforts last week as the carcass drifted north along the shoreline.

The decision has frustrated conservation groups curious about the unusual occurrence of two whale deaths discovered in two days. The carcasses were found about one week after construction began on the nation’s first utility-scale wind farm — which is being built in waters 15 miles south of Martha’s Vineyard — and has fueled speculation that the deaths may be connected to offshore wind development.

Read the full article at New Bedford Light

Amata voices concerns over expanded marine monument fishing prohibitions, and lack of ‘Buy American’ protections

June 26, 2023 — U.S. Congresswoman Uifa’atali Amata raised the issue of buying American tuna in a question to White House Council of Environmental Quality or CEQ Chairwoman Brenda Mallory, while voicing concerns about the Biden administration’s plan to expand Marine Monument fishing prohibitions.

“Council of Environmental Quality Chairwoman Brenda Mallory is charged with overseeing the Biden Administration’s expansion of the Pacific Remote Islands Monument, so I asked her point blank if she supports the ‘buy American’ program to ensure a domestic supply of tuna for our children and servicemen in the school lunch and military rations programs, but she deflected, and deferred to NOAA,” said Congresswoman Amata.  “Let’s be clear, CEQ calls the shots from the White House as NOAA, and the Commerce and Interior departments report through CEQ in the White House, so it is clear that this Administration is waffling on the needs of the Pacific territories for continued fishing rights in the PRIMNM. This makes bad national security and food security policy for the United States and remains potentially devastating to our local economy.”

Read the full article at Marinas Variety

Fishery disaster declarations approved in Louisiana and Mississippi

June 26, 2023 — The following was released by NOAA Fisheries:

U.S. Secretary of Commerce Gina M. Raimondo announced today her determination that fishery disasters occurred in multiple Louisiana and Mississippi fisheries in 2020. The Secretary, working with NOAA Fisheries, evaluates fishery disaster requests based on data submitted by a state and/or tribe. 

“Sustainable fisheries are vital to our nation’s ocean economy and fishery disasters directly harm our local communities when they occur,” said Secretary of Commerce Gina Raimondo. “These disaster determinations allow us to get fishing communities in the Gulf of Mexico the financial assistance they need to mitigate impacts of disasters, restore fisheries and help prevent future disasters.” 

The Secretary found that the following fisheries met the requirements for a fishery disaster determination:

  • 2020 Mississippi Shrimp and Oyster Fisheries.
  • 2020 Louisiana Saltwater Finfish, Oyster, and Shrimp Fisheries (partial).

Fishery disaster requests made prior to December 29, 2022, which includes these fishery disasters, must meet specific requirements under the Magnuson Stevens Fishery Conservation and Management Act (MSA) and/or the Interjurisdictional Fisheries Act. For example, there must be a commercial fishery failure, or serious disruption in fishery access or available catch resulting from natural, undetermined, or in certain circumstances man-made causes. In December 2022, Congress passed the Fishery Resource Disasters Improvement Act, which amended the MSA. 

Congress provided fishery disaster assistance funding in the 2023 Consolidated Appropriations Act, and positive determinations make these fisheries eligible to receive a funding allocation from that appropriation. They may also qualify for disaster assistance from the Small Business Administration. The Secretary has received other requests for fishery disaster determinations from several other states and tribes for varying time frames. NOAA Fisheries is currently working with the requesters to finalize those evaluations.

See a summary of fishery disaster determinations, including this announcement, and learn more about fishery disaster assistance.

Georgia congressman wants to block US agency from slowing boats to protect endangered whales

June 23, 2023 — A Georgia congressman moved Friday to stop a federal agency from imposing new speed restrictions on boats and ships in order to protect critically endangered whales.

The National Oceanic and Atmospheric Administration proposed a year ago to broaden the geographical area of its seasonal speed restrictions along the U.S. East Coast and expand the types of vessels required to slow down. The rule change is intended to protect North Atlantic right whales, a species that scientists say is perilously near extinction with a dwindling population of less than 340.

U.S. Rep. Buddy Carter, a Republican whose district includes Georgia’s 100-mile (160-kilometer) coast, introduced a bill Friday that would prohibit NOAA from spending federal dollars to implement the rule change until its parent agency, the Department of Commerce, develops and deploys new technology to monitor Atlantic waters for right whales.

Read the full article at the Washington Post

NOAA Fisheries and the U.S. Fish and Wildlife Service Propose Revisions to Regulations Implementing the Endangered Species Act

June 22, 2023 — The following was released by NOAA Fisheries:

New jointly proposed changes will improve the agencies’ ability to conserve and recover listed species. Comments on the proposed rules are due by August 21,2023.

During this 50th anniversary year of the Endangered Species Act, NOAA Fisheries and the U.S. Fish and Wildlife Service are proposing a series of revisions to the joint regulations that guide their implementation of this landmark statute.

These revisions are published as two proposed rules. One proposed rule addresses the listing, delisting, and reclassification of species, as well as the designation of critical habitats. The second proposed rule addresses federal consultations under section 7 of the Endangered Species Act.

The proposed changes are intended to improve both agencies’ ability to fulfill their responsibilities under the Endangered Species Act to protect and recover listed species.

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