Saving Seafood

Fishermen lose challenge to rule requiring at-sea monitors

June 16, 2021 — A federal judge in Washington D.C. on Tuesday denied the bid of New Jersey-based herring fishermen who sued the National Marine Fisheries Service (NMFS) last year to block a new regulation that will require them to pay for third-party “at-sea monitors” who will survey by-catch.

U.S. District Judge Emmet Sullivan ruled that the agency had not acted in violation of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) when it approved in February 2020 the rule that the plaintiffs said could “destroy their iconic way of life” by cutting by 20% their profits from commercially fishing herring along the U.S. Atlantic coast.

About half-a-dozen small fishing vessel operators, including the Loper Bright Enterprise, brought the lawsuit last year.

Ryan Mulvey, an attorney for the plaintiffs with the Cause of Action Institute, an advocacy group favoring limited government, said he was disappointed with the decision. “The federal government has overextended its regulatory power far beyond what Congress authorized,” he said.

Read the full story at Reuters

Suit challenging new charter boat rules OK’d as class action

June 15, 2021 — Six captains and five companies from Florida and Louisiana can represent others in a lawsuit challenging new federal regulations for nearly 1,300 charter boats across the Gulf of Mexico, a federal judge has ruled.

U.S. District Judge Susie Morgan certified the suit early this month as a class action for the people who take small groups of anglers into the Gulf. She rejected an argument that some charter captains support the regulations.

“The claims and defenses of class representatives are typical of the claims of the class as a whole,” she wrote on June 2.

The lawsuit contends that privacy and other rights are violated by regulations which require permanently active tracking devices on the boats. The suit also challenges requirements to report information including the crew size, number of customers, the fee charged to each and the amount and price of fuel.

Although the regulations took effect in January, the government has not yet set a date for requiring the devices, said Judy Pino, spokeswoman for the nonprofit law firm New Civil Liberties Alliance, which represents the captains.

Read the full story at the Associated Press

PACIFIC DAILY NEWS: US must hear out territories on coral critical habitat designation

June 14, 2021 — It’s important for the United States to protect endangered species and their habitats, but it’s also important for the federal government to talk to and work with states and territories before it makes far-reaching decisions.

The National Oceanic and Atmospheric Administration and National Marine Fisheries Services plans to impose coral critical habitat designation on Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.

The reason is that seven coral species, several of which are found in the waters of these territories, have been listed under the Endangered Species Act. The federal law requires the designation of critical habitat for listed species within the U.S., if “reasonable and prudent.”

Read the full opinion piece at the Pacific Daily News

New buoy line changes benefit whales

June 11, 2021 — Earlier this month, the Massachusetts Marine Fisheries Advisory Commission unanimously approved a proposed plan for new buoy line marking rules for lobster and crab fishermen. The buoy line markings proposal was first introduced to the commission in January, which took recommendations from a public hearing in May.

According to Bob Glenn, a member of the Division of Marine Fisheries (DMF), these markings are important for the protection of the North Atlantic right whales in Massachusetts waters. In 2020, DMF provided comments to the National Marine Fisheries Service (NMFS) saying Massachusetts should have its fisheries, specifically lobster and crab fisheries, listed separately, based on its “very conservative” management program to protect the whales. The list is usually published in September or October, which is why the buoy line markings proposal is being pushed for this year. However, the NMFS was not willing to provide a separate designation, because the gear Massachusetts fishermen use was not different enough from other states in New England and the Mid-Atlantic.

The Center for Coastal Studies spotted 89 right whales in March in the Cape Cod Bay area. The whales had migrated elsewhere by May 13, allowing fisheries to open a little earlier than usual. Daniel McKiernan, director of the DMF, said these whales are routinely photographed via aerial surveys within a range from Plymouth to Provincetown. McKiernan said in the past 12 years, there have been only two nonlethal, off-season entanglement cases in Massachusetts. According to a risk reduction model DMF received from NMFS called a decision support tool, the estimates say DMF’s efforts since 2015 have helped reduce marine life mortality by 85 to 95 percent.

Read the full story at MV Times

NOAA’s whale framework draws fire from fishermen, conservationists

June 9, 2021 — A framework released by the National Marine Fisheries Service last month that calls for reducing risks to the endangered North Atlantic right whale in federal fisheries has been criticized both by conservationists and lobstermen, though for different reasons.

The framework was included in the service’s long-awaited biological opinion and requires the reduction of risks to the whales by a cumulative 98 percent in the next 10 years.

The exact measures to ensure this reduction have yet to be determined and are expected later this year, but conservationists have heavily criticized the 10-year timeline, which they argue is much too slow and not in line with rules under the Marine Mammal Protection Act.

“A lot of the conservation community feel that the timeline that NOAA has laid out in the bi-op may not hold up legally,” said Zack Klyver, the director of science at Blue Planet Strategies.

Klyver and other conservationists said that under the act, the federal government is supposed to institute a plan that will get potential deaths down to almost zero annually within six months, but the fisheries service’s plan only gets there after several years.

“What they’ve suggested is they start much higher and over a 10-year period bring it down to zero,” he said.

Read the full story at the Mount Desert Islander

NORTH CAROLINA: Fisheries service to hold webinars, workshops on turtle excluder devices

June 9, 2021 — Local skimmer trawl fishermen and others have several opportunities to learn more about putting turtle excluder devices, or TEDs, on their trawls.

The National Oceanic and Atmospheric Administration’s National Marine Fisheries Service is offering several webinars to assist skimmer trawl fishermen with TED installation. Fishing gear specialists with the NMFS Southeast Fishery Science Center’s gear monitoring team will host question-and-answer webinar sessions and virtual workshops summarizing upcoming skimmer trawl TED requirements and assist participants with program information and compliance.

These webinars and workshops will be held at 10 a.m. on select Tuesdays and Fridays. The case sensitive password for all these webinars is “noaa.” An audio conference call will also be available at the webinar times at 415-527-5035. The event number for each webinar is the access code for each audio conference call.

Each webinar will be recorded.

Read the full story at the Carteret County News-Times

MASSACHUSETTS: Here’s what local activists, experts say you can do to protect the ocean on World Oceans Day

June 8, 2021 — The ocean covers about 70% of the planet, produces at least 50% of oxygen and absorbs about 30% of human-produced carbon dioxide, according to the United Nations. It feeds the world and is expected to employ 40 million people in ocean-based industries by 2030.

For Greater New Bedford, the Atlantic Ocean and its coastal waters are the places where boaters recreate and local fishermen catch millions of pounds of fish, promising food and paychecks for countless people. The National Marine Fisheries Service last month announced New Bedford, for the 20th consecutive year, was the nation’s top-earning port.

While the ocean continues to support many industries and communities, it is also under significant threats due to climate change and other human activities.

The ocean covers about 70% of the planet, produces at least 50% of oxygen and absorbs about 30% of human-produced carbon dioxide, according to the United Nations. It feeds the world and is expected to employ 40 million people in ocean-based industries by 2030.

For Greater New Bedford, the Atlantic Ocean and its coastal waters are the places where boaters recreate and local fishermen catch millions of pounds of fish, promising food and paychecks for countless people. The National Marine Fisheries Service last month announced New Bedford, for the 20th consecutive year, was the nation’s top-earning port.

While the ocean continues to support many industries and communities, it is also under significant threats due to climate change and other human activities.

Read the full story at the New Bedford Standard-Times

Entanglements in fishing gear stunting growth of right whales, study finds

June 4, 2021 — Entanglements in fishing gear, which have been among the leading causes of death of North Atlantic right whales, are likely also stunting their growth and causing the critically endangered species to reproduce less often, a new study found.

The research raises questions about the findings of a major report on the species released last month by the federal government and could have a significant impact on how it regulates the lobster industry, which has been the primary source of entanglements. The population of right whales has plummeted over the past decade by a quarter, with scientists estimating that fewer than 370 remain.

The long-term study, published Thursday in the journal Current Biology, estimated that a calf born in recent years was likely, when mature, to be about 3 feet shorter in length than those born in the 1980s. Entanglements have become more of a problem for whales in recent decades, as ropes have increasingly used synthetic materials and become stronger.

“Stunting of growth is a classic sign that a species is in trouble,” said Michael Moore, a senior scientist at the Woods Hole Oceanographic Institution and a coauthor of the study. “Smaller mothers are less capable of being successful breeders, because they have a smaller fuel tank and less lactation. That’s the biggest concern.”

He and other authors said the findings call into question a long-awaited report released last month by the National Marine Fisheries Service that found the lobster industry isn’t jeopardizing the survival of right whales. A federal judge last year ordered the agency to produce the report, known as a biological opinion, after rulingthat it had violated the Endangered Species Act by failing to reduce entanglements.

Read the full story at The Boston Globe

MASSACHUSETTS: Museum To Host Conversation On Woods Hole Fisheries’ 150th Anniversary

June 4, 2021 — “Celebrating 150 Years of Science at the Woods Hole Fisheries Lab” will be the topic of Woods Hole Historical Museum’s online Conversation on Wednesday, June 9, at 7 PM with Jon Hare, science and research director of the Northeast Fisheries Science Center.

National Oceanic and Atmospheric Administration (NOAA) Fisheries, founded as the U. Commission of Fish and Fisheries in 1871, is celebrating its 150th anniversary this year. The Woods Hole Laboratory is the nation’s first marine research station, and is the founding laboratory of NOAA Fisheries, formally called the National Marine Fisheries Service.

Jon Hare has been the science and research director of the Woods Hole Fisheries since October 2016. He oversees science activities related to the Fisheries mission in the northeast region, including fisheries, aquaculture, protected species, habitat, and ecosystem science. He received a PhD in coastal oceanography from State University of New York Stony Brook. He was awarded a National Research Council Research Associateship in 1994 to work at NOAA’s Beaufort Laboratory and was hired by the agency in 1997.

Read the full story at The Enterprise

Lobster industry still waiting for precise rules from feds to protect right whales

June 1, 2021 — Maine’s lobster fishermen are anxiously waiting to learn exactly what they will have to change to meet new federal requirements to protect the endangered right whale. On Thursday, the federal agency NOAA Fisheries released their final biological opinion about the threat to right whales, saying there have to be major changes by New England fishermen so whales won’t get tangled in fishing gear and die.

Fishermen have been worrying about and waiting for federal guidelines for more than two years. They had some of their fears confirmed by the latest report from NOAA, but still are waiting to get the needed details.

The big target to protect whales is called risk reduction, primarily by cutting the number of vertical ropes in the water that connect traps to buoy.

The National Marine Fisheries Service, part of NOAA Fisheries, said those ropes pose a big risk of tangling right whales, so they have to be reduced 60 percent right away. How that should happen is one of the details fishermen are waiting to learn, but previous documents from NMFS suggested a primary method should be requiring longer trawls, meaning putting many more traps on each line, in addition to using sections of weaker rope that can break away if snagged by a whale.

Patrice McCarron, executive director of the Maine Lobstermen’s Association said Maine is being unfairly penalized for whale deaths actually happening in Canada and those from whales being hit by ships at sea. She said that while lobstermen will have to follow the rules, the industry will continue to pressure NMFS to improve its data and create more fair regulations.

Read the full story at News Center Maine