Tag Archives: National Marine Fisheries Service
Mass. Lobstmen Win Case Fighting Feds’ Fishing Closure
A Massachusetts federal judge ruled Thursday that the National Marine Fisheries Service illegally closed a 200-square-mile swath of ocean to protect the endangered North Atlantic Right Whales, backing a legal challenge by a lobster fishing industry group. In a ruling from the bench, U.S. District Judge William G. Young said the agency’s permanent seasonal closure of the so-called wedge area to lobster fishing in February 2023 to avoid whale entanglements with fishing gear was contrary to a federal budget law passed the previous December that hit pause on new regulations for the lobster industry until the end of 2028. “This court is convinced that the Consolidated Appropriations Act of 2023 is clear on its face, and it clearly applies to bar the final wedge closure rule,” Judge Young said. more, >>click to read<< 12:35
Federal Council Announces California Ocean Salmon Season Alternatives for 2024
The Pacific Fishery Management Council (PFMC) has produced three options for ocean salmon seasons beginning May 16, 2024. Two of the three alternatives would authorize short ocean salmon season dates and establish small harvest limits for commercial and sport fishing off California in 2024. The third alternative would close the ocean fisheries off California for a second consecutive year. The alternatives were approved by the PFMC for public review Monday. Meanwhile, abundance of Klamath River Fall Chinook is forecast at 180,700 adults. At this level of abundance, the Pacific Coast Salmon Fishery Management Plan authorizes only low levels of fishing on these stocks, and requires management be designed to allow most of the adult population to return to the river to spawn. links, more, >>click to read<< 11:11
Federal judge to rule on reduction in trawler halibut bycatch
A U.S. District court judge is expected to issue a decision this spring on a lawsuit filed by the Groundfish Forum challenging a National Marine Fisheries Service (NMFS) decision setting abundance-based limits on halibut bycatch in the Amendment 80 Bering Sea trawl fishery. The Groundfish Forum, based in Seattle, filed its complaint with the U.S. District Court in Anchorage on Dec. 19, challenging the new halibut bycatch rules that were first adopted by the North Pacific Fishery Management Council and subsequently approved by NMFS. On Feb. 29, the Halibut Defense Alliance intervened on the side of NMFS over concerns about the number of halibut taken as bycatch by Amendment 80 vessels in the Bering Sea, saying the limits on halibut bycatch would ensure more equitable access to halibut fisheries. The alliance is a broad coalition of commercial harvesters, charter operators, processors and community organizations representing halibut-dependent communities in Alaska and the Pacific Northwest. more, >>click to read<< 19:52
NOAA postpones controversial bottom trawling experiment in Alaska’s Northern Bering Sea
The project, called the Northern Bering Sea Effects of Trawling Study, or NETS, has been envisioned as an experiment to examine impacts of commercial bottom trawling in an area of the Bering Sea where it is currently banned. Bottom trawling is a method of fish harvesting that uses nets to sweep the seafloor. While it is prohibited in the Northern Bering Sea, the shift in fish populations caused by climate change may build pressure for bottom trawling there in the future, according to the study plan. The study has been designed as a multiyear project to start as early as this August. It was to be conducted by the Alaska Fisheries Science Center, a branch of the National Oceanic and Atmospheric Administration’s Fisheries Service, also known as the National Marine Fisheries Service. News of the decision came in an emailed letter from Janet Coit, director of NOAA Fisheries, to tribal organizations that had expressed opposition to the project. more, >>click to read<< 09:52
Alaska tribes, green group take aim at planned bottom-trawling study in northern Bering Sea
Three tribal governments and an environmental organization on Thursday served notice to federal agencies that they are planning a lawsuit to block a fishing experiment along the seafloor in the northern Bering Sea. The practice of bottom trawling, sweeping a net to catch fish on or near the seabed, is currently prohibited in the Northern Bering Sea, which is abbreviated in legal documents as NBS. But the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service is planning to deploy some commercial trawling gear in selected spots over the coming summers to see what impacts, if any, result to the habitat and the marine life dependent on it. The research project is called the Northern Bering Sea Effects of Trawling Study, or NBET. It is focused on specific areas north and south of St. Lawrence Island and would potentially simulate effects of commercial harvests. more, >>click to read<< 08:10
Cape May fishermen at center of major U.S. Supreme Court case
On Wednesday, the justices heard testimony in Loper Bright Enterprises v. Raimondo. The justices are deciding whether to uphold or overrule the four-decades old Chevron v. Natural Resources Defense Council decision. The justices heard three-and-a-half hours of oral argument this week. Multiple media outlets reported the justices asked questions indicating that the Chevron doctrine is unlikely to remain fully intact. The fishermen are challenging the National Marine Fisheries Service for requiring the herring industry to take on the cost of paying observers. Who is supporting the fisherman and why? The fishermen are represented by the Cause of Action Institute and New Civil Liberties Alliance. Groups such as the Cato Institute, Christian Employers Alliance, and members of Congress such as Sen. Ted Cruz and Speaker of the House, Mike Johnson, have filed briefs in support of the fishermen. more, >>click to read<< 12:15
Preserving our heritage and livelihood – A shrimper’s stand against unjust regulations
I’ve been a shrimper for over 45 years. It’s more than just a job; it’s a legacy that’s been passed down through generations in my family. Since I was 15, I’ve been working in the waters of Plaquemines Parish, my workplace, my passion, and my source of livelihood. Today, as I continue to bring the finest Gulf shrimp to your tables, I find myself fighting not only for my job but for the very soul of Louisiana’s shrimping heritage. The recent rule by the National Marine Fisheries Service (NMFS) mandating the use of Turtle Excluder Devices (TEDs) on skimmer trawl vessels longer than 40 feet is a real threat to our community. This rule, though it may seem well-intentioned, is an example of overreach and disregard for our industry’s reality. more, >>click to read<< 13:44
Louisiana Shrimp Association sues federal government over turtle excluder device requirement
The Louisiana Shrimp Association (LSA) has filed a lawsuit against the National Marine Fisheries Service (NMFS) regarding a 2019 rule that requires the installation of turtle excluder devices (TED) on fishing trawlers. TEDs have been required on shrimp trawlers in certain circumstances since 1987 in order to separate sea turtles, sharks, and other large bycatch so they can escape through an opening in the netting. But in 2015, the ocean conservation organization Oceana sued the government arguing that the rules were insufficient and claiming that over 53,000 estimated sea turtles were still being killed via shrimp nets each year. Video, more, >>click to read<< 19:32
Following Legal Victory for Maine Lobstermen’s Association, State Receives $17 Million from NOAA to Improve Data on Right Whale
This federal funding comes just months after the federal court of appeals ruled in favor of the Maine Lobstermen’s Association (MLA) in their lawsuit against the National Marine Fisheries Service (NMFS) — a subagency of NOAA — for adopting improperly-founded regulations against the industry. In September of 2021, the MLA filed a lawsuit against the agency alleging that their efforts to protect the NARW were unlawful, as the regulations promulgated were founded upon a “simplistic and false premise” that “exaggerates and arbitrarily inflates the risk posed by the Maine lobster fishery.” The MLA stated that the NOAA’s analyses was “unlawful” as they “did not rely on the best available scientific information, made erroneous and arbitrary assumptions unsupported and contradicted by data and evidence, relied on an outdated and flawed methodology to model projections of the North Atlantic right whale population, and inexplicably failed to account for either the positive impact of mitigation measures already or soon-to-be employed by the Maine lobster fishery.” more, >>click to read<< 07:09
Sonoma County snags disaster relief designation for salmon fishery devastation
“Small businesses in Sonoma County that rely on salmon fishing for their livelihood were devastated when the fishery was shut down,” said county Supervisor Lynda Hopkins, whose district encompasses the Sonoma Coast. Hopkins added the business loans are intended “to help them recover. The SBA also lists other, bordering counties, with the presumption that those “may have suffered economic injury as well.” These include Napa, Marin, Solano, Mendocino and Lake. “We have lost 80% of our fleets in the last 40 years,” said Glen Spain, executive director of the Pacific Coast Federation of Fishermen’s Associations, which manages about a dozen fishing groups. He defined California’s $45 million fishing industry as being especially hard hit with state Fish and Wildlife’s permits dropping from 7,744 in 1980 to 1,006 this year. “These loans are trying to keep people intact as much as possible,” Spain said. photos, more, >>click to read<< 14:38
Maine lobstermen signal opposition to participating in ropeless testing program
Maine lobstermen are signaling their hesitation to participate in a multimillion-dollar program the state is launching to test new ropeless technology that the federal government soon may require to protect the endangered North Atlantic right whale. Lobstermen have been largely unhappy with the regulations, fearing that the regulations will destroy the lobstering industry as they know it. Maine’s congressional delegation succeeded in securing legislative approval for a reprieve that stalls the regulations from going into effect until Jan. 1, 2029. Industry groups also have succeeded in taking NOAA to court, where the regulations are still tied up. Even so, the clock is ticking and the Department of Marine Resources wants to be prepared for what it expects is an inevitable regulation. more, >>click to read<< 06:31
Coalition files intent to sue federal agencies to stop whale-killing Virginia wind project
The Committee for a Constructive Tomorrow (CFACT) and The Heartland Institute today announced that they were filing with the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Service (NMFS) a 60 Day Notice of Intent to Sue letter for a violation of the Endangered Species Act. The violation is contained in a defective “biological opinion,” which authorizes the construction of the Virginia Offshore Wind Project (VOW). The 60-day notice is required by the Endangered Species Act (ESA) for parties who wish to commence litigation against BOEM for failure to provide adequate protection of the North Atlantic right whale and other endangered species. The North Atlantic right whale is listed as “critically endangered” by the governments of both the Commonwealth of Virginia and the United States. >>click to read<< 12:23
California commercial Dungeness crab fishing season delayed
The California Department of Fish and Wildlife announced a delay in the season opener for California commercial Dungeness crab fishing off the Central and Southern Coast to protect whales from entanglement. The decision is based on a combination of excessive humpback whale entanglements in California Dungeness crab gear over the last three years and high numbers of recent humpback whale sightings off the central coast according to CDFW’s Risk Assessment and Mitigation Program criteria. Due to number of entanglements, NMFS is proposing to upgrade the California commercial Dungeness crab fishery to a Category I fishery,,, >>click to read<< 08:09
With little movement on salmon bycatch, Alaska advocates look to Biden administration for executive action
Amid catastrophic shortfalls in salmon harvests in some of Alaska’s rural, Indigenous communities, advocates have pleaded for a crackdown on unintentional catch of those same salmon by the trawl vessels that harvest billions of pounds of whitefish in the Bering Sea. But the politically appointed regional council that manages Bering Sea fisheries has largely resisted those requests. So instead, advocates are now taking another approach. They’re pushing the Biden administration for a workaround: a rewrite of the federal guidelines that tell the regional council, and its counterparts across the country, how to manage all the fisheries under their supervision. >>click to read<< 18:40
A Small Fish and an Uncollected Fee Add Up to Big-Government Challenge at the Supreme Court
The case could undercut the power of federal regulators on major issues including air pollution and securities fraud. It also exemplifies the way many of the high court’s biggest fights are born these days — driven less by the practical aims of the litigants than by the ideological vision of the interest groups behind the suits. The fight concerns a federal requirement that some herring boats host government-approved observers aboard their vessels and cover an estimated $710 daily cost. The fisherman say that would be an onerous burden on their family-owned businesses — so onerous they are suing even though the fee is on hold and might never kick in. “We have not had to pay. We’re just nervous about this hanging over our head,” said Bill Bright in an interview in Cape May, New Jersey, where he runs his two-vessel fishing business. “So we feel that we need to solve this problem now.” Photos, >>click to read<< 11:14
President Biden’s Offshore Wind Policies Make National Lobster Day a Day to Mourn
National Lobster Day was established by Congress to celebrate the tasty crustacean’s place in American history, culture, and commerce. Sadly, due to President Biden’s offshore wind policies, and his agencies’ blame shifting, it may soon become a day to memorialize the passing of a great industry, tradition, and a tasty meal. On December 1, President Joe Biden hosted a state dinner with French President Emmanuel Macron, at which more than 200 Maine lobsters were served. The dinner was rife with hypocrisy since earlier in his administration, Biden’s National Marine Fisheries Service, an office in the National Atmospheric and Oceanic Administration (NOAA), issued new restrictions on Maine’s lobster fishers to protect North American right whales from entanglement with lobster fishing gear. >>click to read<< 10:40
New Bedford said to be best place for National Oceanic and Atmospheric Administration
Is there a better place to site the National Oceanic and Atmospheric Administration’s Northeast operations than New Bedford? Mayor Jon Mitchell doesn’t think so. And he’s joined in that opinion by a “very broad coalition of business and civic leadership. “Mitchell sent a letter co-signed by more than 50 business and civic leaders to NOAA Administrator Richard Spinrad this month making a pitch to consolidate its Northeast facilities in New Bedford. A similar letter was sent to NOAA in 2016, but recent developments warranted another entreaty. New Bedford’s port accounts for about 70% of the state’s commercial fish landings, according to the letter. While Gloucester hosts most of the NOAA’s facilities regionally, its landings are about one-seventh the size of New Bedford’s. >click to read< 09:54
Fishermen, activists protest offshore wind farms near Montauk, cite recent whale deaths
The winds of change are blowing. Conservative activists, environmentalists and New Jersey fishermen protested the construction of wind turbines off the East Coast on Monday, highlighting increasing whale deaths in the region that they say are tied to offshore renewable energy. The coalition, organized by the Committee for a Constructive Tomorrow, sent out three boats to South Fork Wind Farm, roughly 20 miles from both Martha’s Vineyard and Montauk, NY, holding signs that read “STOP WINDMILLS SAVE WHALES” while shouting through a bullhorn at machinery operators to halt construction. The National Oceanic and Atmospheric Administration (NOAA) in 2017 declared an “unusual mortality event” for humpback whales found dead on beaches from Maine to Florida. The agency has recorded 57 large whale strandings since December 1, 2022 on the Atlantic coast. Twelve occurred in New York; nine were discovered in New Jersey. Photos, >click to read< 09:04
Federal fisheries service agrees to deal aimed at curbing whale entanglements in fishing gear
A legal agreement finalized Tuesday over the protection of humpback whales is expected to help the threatened animals thrive while maintaining the ocean’s health. The deal stricken between the National Marine Fisheries Service and Center for Biological Diversity will create a team to reduce the number of whales that get tangled in a West Coast federal fishery. The service will form the team by Oct. 31, 2025, a press release stated. A federal court in March sided with the center after it filed suit last year against the fisheries service. The center argued the service failed to protect Pacific humpback whales from getting entangled in sablefish pot gear off the California, Oregon and Washington coasts. >click to read< 09:33
‘It’s Just Not a Fair Fight’: Supreme Court to Hear Case that Could End Bureaucratic Rule
“There’s going to be plenty of trips where that monitor will make more than myself or my crew,” said Stefan Axelsson, a commercial fisherman. He and other herring fishermen from Cape May, New Jersey sued over the rule and their case will be heard by the Supreme Court next term, where it will be argued by famed appellate lawyer Paul Clement. “When you have the federal government regulating small businesses it’s just not a fair fight,” Clement recently told The Hugh Hewitt Show. However, instead of just hearing the specifics of this case alone, justices have chosen to take on the bigger issue by reviewing the power of the entire federal bureaucracy. Specifically considering one of the most important, and powerful, principles in the world of bureaucratic rulemaking known as the “Chevron doctrine.” >click to read< 14:02
Commercial Gulf Shrimp season reopens Saturday
The Gulf of Mexico commercial shrimp season for state and federal waters will reopen 30 minutes after sunset on Saturday, July 15, 2023. “The annual mid-May closure protects brown shrimp until they can reach larger, more valuable sizes during their major period of emigration from the bays to the Gulf of Mexico,” said Robin Riechers, TPWD Coastal Fisheries Division director. Federal waters (from nine to 200 nautical miles offshore) will open at the same time as state waters. The National Marine Fisheries Service chose to adopt rules compatible with those adopted by Texas. >click to read< 16:41
U.S. Rep. Jared Golden introduced a bill in Congress that would prevent offshore wind development in key fishing area
The bill would prevent the federal Bureau of Ocean Energy Management from potentially hurting the fishing and lobstering industries in Maine, said Golden, D-2nd District. The legislation also would launch an assessment of how federal agencies like the BOEM and the National Marine Fisheries Service study the effects of offshore wind development and engage with industry groups. Lobster Management Area 1 is the zone closest to the shores of Maine and stretches along the entire coast. That’s where Virginia Olsen, a commercial lobsterman and director of the Maine Lobstering Union, says a majority of Maine fishing and lobstering is concentrated. “I think this is the exclusion zone that the Maine Lobster Union and the area that the (Maine Lobstermen’s Association) would agree is most important economically to the fishery,” Golden said. >click to read< 19:46
Federal judges: Data does not prove Maine lobstering endangers whales
Friday, a panel of judges ruled that data on entanglements in lobster fishing gear does not support the need for the new strict limits on where and how lobstermen could fish. Those regulations, set by the National Marine Fisheries Service, were put in place under the authority of the Endangered Species Act to protect the 340 North Atlantic Right Whales whales left. The Maine Lobstermen’s Association says there is no evidence of Maine lobster gear ever killing a whale. There has been no documented entanglement of a North Atlantic Right Whale since 2004. “Every lobsterman in Maine was facing a decision of whether or not they would be able to continue in the fishery,” MLA policy director Patrice McCarron said. Video, >click to read< 08:55
NOAA says revised analysis could allow Southeast king salmon troll fishing, despite ruling
The National Marine Fisheries Service hasn’t ruled out the possibility of opening the summer troll season for king salmon in Southeast Alaska, despite a federal judge’s recent ruling to the contrary. The service’s Alaska regional administrator, Jon Kurland, told a roomful of trollers during a June 7 meeting in Sitka that the agency was working hard to correct the problems identified in the federal lawsuit. The Wild Fish Conservancy in Washington state sued to stop the Southeast Alaska troll season, seeking to protect endangered Southern Resident killer whales’ food sources. >click to read< 12:57
‘It’ll be a disaster’: Southeast Alaska fishermen fear looming closure of king salmon fishery
“I’m optimistic, but I’m also scared as heck,” said Eric Jordan, a lifelong fisherman and resident of trolling stronghold Sitka at the standing room-only meeting with federal National Marine Fisheries Service officials. The closure of the king salmon fishery in Southeast Alaska would be economically devastating, according to many in the region who rely on the valuable fish for their annual income. A federal judge in Washington state effectively shut down the fishery in May in response to a lawsuit brought by Wild Fish Conservancy, a Washington organization. The suit contends that the fishery should be closed to protect endangered killer whales in Puget Sound that feed on chinook salmon. >click to read< 11:46
DOJ will appeal court order forcing Southeast Alaska king salmon troll fishery closure
The United States Department of Justice will appeal a federal court order forcing the closure of the commercial king salmon troll fishery in Southeast Alaska. In early May, Washington U.S. District Court Judge Richard Jones upheld an earlier recommendation that the Southeast summer and winter king fisheries were catching too much of the food source of a dwindling population of Puget Sound’s Southern Resident killer whales, in violation of the Endangered Species Act. The defendant intervenors in the case, the Alaska Trollers Association and the State of Alaska, filed motions earlier this month calling for a “partial stay” of the order, pending an appeal to allow the fisheries to proceed. >click to read< 15:58
First Lawsuit Over Whales and Wind Dismissed
A federal district judge in Massachusetts has rejected an effort to stop an offshore wind project near Nantucket Island on the basis of danger to whales, apparently the first court test of similar claims being raised against wind turbine proposals along the U.S. eastern seaboard, including here in Virginia. On May 17, U.S. District Judge Indira Talwani granted a motion for summary judgement to the federal agency that approved the Vineyard Wind One project. With a planned 84 turbines, the project is about half the size of Dominion Energy Virginia’s planned project off Virginia Beach. Both are just the first phases of larger planned buildouts. The same judge is hearing the other cases, with the two from fishing interests now combined. >click to read< 09:47
Feds play shell game with wind / whale impacts
NOAA is taking public comments on a massive proposal to harass large numbers of whales and other marine mammals by building a huge offshore wind complex. There is supposed to be an Environmental Impact Statement (EIS) for the proposed harassment, but it is not there with the proposal. We are told it is elsewhere but after searching we find that it simply does not exist. Like a shell game where the pea has been palmed, there is nothing to be found. First the bureaucratic background. The wind project is Dominion’s 2,600 MW offshore Virginia facility, which if built would be the world’s biggest. NOAA’s National Marine Fisheries Service (NMFS) is proposing to issue a five year harassment authorization for the construction of this monster. >click to read< 07:36
Wind project scope ‘staggering’
It wasn’t “until the whales and the dolphins started washing up that people’s attention was able to focus” on the offshore wind farms, according to Cindy Zipf, and when people looked beyond the whales, they realized what is happening is “staggering.” “I don’t think ever in the history of mankind have we proposed to industrialize an ecosystem this fast and at this magnitude,” she said. Zipf is executive director of Clean Ocean Action, a coalition of groups dedicated to protecting the ocean. Zipf acknowledges the pace at which the plans are moving forward is making efforts to slow or stop them difficult. “It’s challenging considering how fast-tracked everything is and how limited the permitting process is. It’s kind of under the jurisdiction of two people to make it happen, President Biden and Gov. Murphy,” she said. “Hopefully as more is understood there will be some more caution but as it is right now the (state and federal) agencies are very enthusiastic.” >click to read< 16:29