Saving Seafood

Pacific News Minute: American Samoa’s tuna industry pressured by Biden’s plan

July 11, 2023 — A regional fishery council is warning that the Biden administration’s plan to block off U.S. territorial waters in the Pacific would end American Samoa’s tuna canning industry.

Commercial fishing is currently allowed within 50 to 200 miles of the Pacific Remote Islands Marine National Monument.

It’s made up of Baker, Howland, Jarvis Islands, Johnston, Wake, Palmyra Atolls and Kingman Reef.

However, the National Oceanic Atmospheric Administration’s proposal to expand the sanctuary would completely cover the U.S. exclusive economic zone.

Read the full article at Hawaii Public Radio

NOAA Fisheries wants to create a nationwide law enforcement database

July 11, 2023 — NOAA Fisheries wants to create a new national database to collect private and public information – including vehicle registrations, phone records, social media accounts, and more – to help its law-enforcement division conduct investigations.

The agency issued a notice in late June seeking contractors capable of building the new system. Companies currently have until 12 July to submit capability statements to NOAA Fisheries as they prepare an official solicitation.

Read the full article at SeafoodSource

Federal at-sea monitors have New England groundfishermen pushing back

July 10, 2023 — If longtime New Hampshire groundfisherman Dave Goethel were an I-told-you-so kind of guy, this would be his moment.

Goethel, a 2004 National Fisherman Highliner, was the plaintiff in a 2015 lawsuit, subsequently joined by Northeast Fishery Sector 13, that opposed NOAA’s requirement that fishing vessels pay upward of $700 per day for at-sea monitors.

The case was dismissed. A federal court said it should have been filed within 30 days of the observer program’s creation, not 30 days after NOAA later decided to charge fishermen.

Goethel’s appeal was dismissed as well.

If the courts got rid of his lawsuit, they couldn’t get rid of Goethel. Now retired, his name is on an amicus (friend of the court) brief in the Supreme Court case of Loper Bright Enterprises, a family-owned herring fishing company that is raising the same issue Goethel raised.

The issue as most of us relate to it is whether the Magnuson-Stevens Act implicitly grants NOAA the authority to compel fishermen to pay observer salaries. The underlying question, however, is how much leeway a federal agency has when implementing laws passed by Congress.

Read the full article at the National Fisherman

NOAA is looking to add regulations for some boat speeds to help protect whales, but what are the impacts?

July 10, 2023 — The National Oceanic and Atmospheric Administration is proposing stricter speed restrictions for boats in the Atlantic, and environmental groups and boating industry experts are sparring ahead of the administration’s December deadline.

NOAA’s proposed rule would expand on existing requirements by reducing the maximum speed limit for commercial and recreational boats of 35 feet or larger to 10 knots, or about 11.5 mph, in zones across the East Coast. Currently, speed reductions only affect boats 65 feet or larger.

“When you require a vessel to go under 11 miles an hour, which is roughly the speed you would ride your bicycle in your neighborhood, then you don’t take into account the sea conditions,” said Jeff Angers, president of the Center for Sportfishing Policy.

Anglers said an exemption from going 10 knots if the National Weather Service has issued a gale-force warning isn’t adequate. A gale force warning is issued when winds hit 39 mph. But even at 35 mph, winds can cause safety issues for boaters and guests, he said.

Read the full article at Yahoo! News

NOAA’s plan to slow boats ignites whale of a fight

July 9, 2023 — Capt. Fred Gamboa has led fishing trips off the New Jersey coast for the last 17 years, but he fears he will soon lose many customers if required to slow down his boats to meet new federal requirements to protect one of the most endangered whales in the ocean.

Gamboa, a charter boat operator from Point Pleasant, N.J., charges $4,800 to take people on an 18-hour tuna fishing trip 100 miles from shore. Under a new rule proposed by NOAA Fisheries, he’d have to travel at a top speed of roughly 11 ½ mph for part of the year, as opposed to his normal cruising speed of 30 to 40 mph.

“It would take nine to 10 hours to get out there — no customer would ever pay for that trip,” he said.

Gamboa, 56, and thousands of other boaters along the Atlantic coast are lobbying Congress to block NOAA’s plan. But NOAA officials say that forcing boats to slow down during certain times of the year is a matter of survival for the North Atlantic right whale, which are particularly vulnerable to collisions.

Boaters and the recreational fishing industry have flexed their political muscle by winning key allies from a growing chorus of NOAA critics on Capitol Hill, but they’re opposed by a united front of green groups that want the agency to act quickly before any more whales — there are only an estimated 340 whales now remaining — are killed by vessel strikes.

“We need seasonal slowdowns to protect right whales in danger zones, just like we have lower speed limits to protect children near schools,” said Jane Davenport, senior attorney with Defenders of Wildlife.

Read the full article at E&E News

Slow US Customs and Border Protection system blamed for missed IUU investigations

July 9, 2023 — U.S. Customs and Border Protection is too slow in passing on information about potential illegal, unreported, and unregulated (IUU) fishing imports, making it difficult for NOAA Fisheries to conduct inspections, according to a Government Accountability Office (GAO) report.

NOAA Fisheries manages four separate programs designed to stop the import of IUU products, but it cooperates regularly with CBP and other agencies to target potential IUU products being shipped into the United States. In 2019, for example, CBP, the U.S. Food and Drug Administration, and NOAA Fisheries worked together to discover that 32 Spanish companies were mislabeling albacore tuna as bonito to avoid higher tariffs. Through that investigation, CBP was able to recover USD 600,000 (EUR 550,110) in lost tariff revenue.

Read the full article at SeafoodSource

Hudson Canyon Marine Sanctuary Council To Meet For First Time

July 6, 2023 — Things can move fast at sea — even the wheels of bureaucracy.

The newly established advisory council for proposed Hudson Canyon National Marine Sanctuary will hold its first meeting on July 13.

The step means that federal protections for a key marine habitat and resource are closer than ever to becoming a reality.

In June of 2022, NOAA announced it was launching the designation process to name the Hudson Canyon as a National Marine Sanctuary.

The Hudson Canyon is located offshore about 100 miles southeast of the Statue of Liberty. The undersea geographic formation is the largest canyon off the Atlantic Coast of the U.S. and one of the largest submarine canyons in the world.

Read the full article at the Patch

Interns Dive into Chesapeake Science, Policy, Programs

July 5, 2023 — The following was released by NOAA Fisheries: 

The NOAA Chesapeake Bay Office is once again hosting students from around the country for 12-week summer internships. Our interns gain knowledge and experience, and we benefit from having additional talented staff members for the summer.

Each intern focuses on a needed project that might not otherwise happen due to time and resource constraints. So every intern’s project contributes to the health of the Chesapeake! And every intern works closely with mentors who provide guidance for their Chesapeake Bay-focused projects and collaborates with our experts.

We partner with the Chesapeake Research Consortium to make these internships possible, including collaborating with them on the Chesapeake Student Recruitment, Early Advisement, and Mentoring program. This program supports students who are underrepresented in their field of study.

What Does Habitat Mean to You?

Because of our strong interest in healthy habitat, we asked each of our interns to share what they think of when they think of “habitat”:

Claire

I think about habitat not only as a physical environment, but the conditions and relationships that make flourishing possible. To me, habitat means home.

Catherine

This has always been a difficult question for me since, throughout my life, habitat has had many different definitions. However, out of all the definitions, the one I connected with the most was a location providing an organism with all the necessary conditions for survival.

Emma C.

I would say a place that something calls home. My habitat is probably a coffee shop with lots of books, or a library.

Emily

To me, “habitat” means an environment where an organism can thrive—where its physical, emotional, mental, and spiritual needs are being met. This way it can grow and reach its full potential as an organism!

Emma V.

I grew up in New York City on the twelfth floor of a Manhattan apartment building. There is a nesting pair of peregrine falcons in the church across the street and we have some fearless rats in the subways. I used to think that only pristine mountains and beaches were habitats, but now I realize that my home city is also a habitat that supports all sorts of wacky and unique ecosystems. It has also been an important shift to realize that humans are part of ecosystems and therefore the spaces that support human life are habitats too.

Let’s learn more about this year’s talented class of interns!

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.