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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.

Highest ocean temperatures ever recorded for the month of May, NOAA says

June 16, 2023 — Scientists have gathered further evidence that ocean waters are continuing to warm along with the rest of the planet.

Ocean temperatures reached record-breaking highs for the month of May, the National Oceanic and Atmospheric Administration announced during its monthly climate call on Thursday.

Four main factors are contributing to such historic warming of global sea surface temperatures: human-induced climate change, a developing El Nino event, effects from the 2022 Hunga Tonga-Hunga Ha’apai volcano eruption and a new shipping emissions policy aimed at reducing air pollution, said Daniel Swain, a climate scientist at the University of California, Los Angeles.

Some regions are experiencing temperatures up to 7 degrees higher than average for this time of year. In Cabo Verde Island, where hurricanes typically form, the water is typically 75 degrees Fahrenheit but is currently measuring at 82.4 degrees.

Read the full article at ABC News

Alaska’s Threatened and Endangered Species

June 16, 2023 — The following was released by NOAA Fisheries:

The Endangered Species Act provides a framework to conserve and protect endangered and threatened species, habitats, and the ecosystems upon which they depend across Alaska and the country. This year is the 50th Anniversary of the Act.

The Endangered Species Act has put many species on the path to recovery. Since it was enacted in 1973, no marine species has gone extinct. Less than 1 percent of all ESA-listed species (marine, anadromous, and terrestrial) have gone extinct. Others, like the eastern distinct population segment of Steller sea lions and the Eastern North Pacific stock of gray whales, have recovered.

Enacted in 1973, the Endangered Species Act continues to be a powerful and effective tool for focusing conservation efforts and preserving the diversity of the planet. In celebration of this momentous anniversary, we are highlighting the species we work to protect in Alaska.

Beluga Whale (Cook Inlet DPS): Endangered

Listed: 2008

Beluga whales are highly social, gregarious animals found in Arctic and subarctic waters. They weigh around 3,150 pounds, reach 16 feet long, and can live up to 90 years. One of the most vocal of all whales, with their chirps and squeals, belugas are often called “sea canaries.” They can swim backwards and change the shape of their “melon” forehead by blowing air into their sinuses. Cook Inlet beluga whales are the smallest of the other distinct populations of beluga whales. They face threats from human interactions, habitat constraint, climate change, human-caused noise, predation, and prey limitations. The population’s rapid decline, dire status, and the fact the population is not recovering makes it a priority for NOAA Fisheries. Cook Inlet beluga whales are one of NOAA Fisheries’ Species in the Spotlight—considered the most at risk of extinction in the near future.

Blue Whale (Eastern North Pacific Population): Endangered

Listed: 1970

Blue whales are the largest animal ever recorded on earth. They  weigh up to 330,000 pounds, reach 100 feet, and can live up to 90 years. Everything about blue whales is large! They have a 400-pound heart and a tongue as big as an elephant. They have the biggest calves on the planet, which weigh almost 9,000 pounds at birth and gain 200 pounds a day. The biggest blue whales may eat up to 12,000 pounds of krill a day, straining huge volumes of water through their baleen plates. Blue whale calls can travel up to 1,000 miles underwater. The Eastern North Pacific population faces threats from entanglement in fishing gear, ocean noise, and vessel strikes.

Bowhead Whale (Western Arctic Stock): Endangered

Listed: 1970

Bowhead whales may live more than 200 years, the longest lifespan of all mammals. They can weigh 200,000 pounds and reach 62 feet. Bowhead whales are one of the few whale species that reside almost exclusively in Arctic and subarctic waters. Their name stems from their immense bow-shaped heads that are used to break through 2-foot-thick sea ice. The Western Arctic stock faces threats from climate change, contaminants, entanglement in fishing gear, ocean noise, offshore oil and gas development, predation, and vessel strikes.

Fin Whale (North Pacific Population): Endangered

Listed: 1970

Fin whales are the second largest whale species. As the fastest of all baleen whales sustaining speeds as high as 23 miles per hour, they have been nicknamed the “greyhound of the sea.” They are also sometimes referred to as razorbacks due to their small pointed dorsal fin and shape of their back. They can weigh up to 160,000 pounds, reach 85 feet long, and live 80 to 90 years. A fin whale uses 50 to 100 accordion-like throat pleats to gulp large amounts of food and water and eats about 4,000 pounds of food daily. The North Pacific population faces threats from climate change, entanglement in fishing gear, lack of prey due to overfishing, ocean noise, and vessel strikes.

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