NOAA Fisheries has issued the final rule that implements the Pacific Halibut Catch Sharing Plan for the International Pacific Halibut Commission’s regulatory Area 2A off Washington, Oregon, and California. This rule also announces that it may be necessary to further modify the opening dates or other fishing days for some subareas shortly after the publication of this final rule, in response to changes in state measures related to the spread of COVID-19.
For further information, please contact Kathryn Blair, NOAA Fisheries West Coast Region; phone: 503-231-6858, fax: 503-231-6893, or e-mail: kathryn.blair@noaa.gov.
Salmon troller Seamaid off Northern Oregon Coast. Photo: NOAA
2020 Salmon seasons set
In April the Council adopted ocean salmon season recommendations that provide recreational and commercial opportunities for most of the Pacific coast, and achieve conservation goals for the numerous individual salmon stocks on the West Coast. Due to the COVID-19 social distancing requirements, all meetings associated with the decision were held via webinar for the first time in the Council’s history.
The recommendations were forwarded to the National Marine Fisheries Service (NMFS) for approval by May 6, 2020. “This year’s package includes some very restrictive seasons in both commercial and recreational fisheries along much of the coast,” said Council Chair Phil Anderson. “Uncertainties associated with the effects of the COVID-19 pandemic on markets, angler effort, and critical catch sampling, coupled with low Chinook and coho forecasts, made structuring the fisheries even more challenging this year.”
The Council heard reports from commercial, recreational, and tribal representatives about the challenges created by the pandemic, including difficulties in selling seafood to reduced markets, recreational fishery closures to protect public health, needed access to traditional food sources for tribal communities, and the inability to plan for the near future.
2020 Preseason Report III (Council-adopted management measures and environmental assessment for 2020 ocean salmon fisheries)
Final Southern Resident Killer Whale risk assessment due in June
In March the Council approved the ad hoc Southern Resident Killer Whale Workgroup’s draft risk assessment. A final version, incorporating an executive summary and minor edits, is expected by June.
The Workgroup has been assessing the effects of Council-area ocean salmon fisheries on the Chinook salmon prey base of southern Resident killer whales. This assessment will help inform the NMFS Biological Opinion (BiOp) on the effects of Council-area ocean salmon fisheries on the whales’ Chinook salmon prey base. The Workgroup has begun developing recommendations for management measures based on the Risk Assessment, which will go out to the Salmon Advisory Subpanel and the public for review before the Council gives its final recommendations for a long term BiOp in November.
This topic is tentatively scheduled for the June, September, and November Council meetings. The next Workgroup meeting is April 28 via webinar. For meeting schedules, materials, and other information, see the NMFS webpage dedicated to the workgroup.
On a related note, a one-year BiOp will be in effect for 2020, using criteria described in the NMFS guidance letter. That guidance focused mainly on Chinook stocks in the area north of Cape Falcon, Oregon, as those are the stocks NMFS is most concerned about when abundances are critically low. NMFS guidance stated that if the 2020 forecasted Chinook abundance in the area north of Cape Falcon was equal to or less than average of the seven lowest years of abundance, then the Council should take precautionary conservation measures for all ocean salmon fisheries that affect that Chinook abundance to benefit the whales. The Council adopted 2020 ocean salmon management measures in April (see related article), which were well within the 2020 BiOp requirements.
Council considers new management approach for southern Oregon/northern California coho
The Council initiated a process to consider a new management approach for southern Oregon/northern California coast coho. The new approach was proposed by NMFS in response to a court mediation agreement with the Hoopa Valley Tribe, which alleged that NMFS had failed to reinitiate Endangered Species Act consultation on the impacts of ocean salmon fisheries on the stock.The Council formed an ad-hoc workgroup to develop a harvest control rule for Southern Oregon/Northern California coast coho. NMFS provided draft terms of reference and a timeline, which indicates Council final action on a recommendation to NMFS at the November 2021 Council meeting.
Methodology for Willapa Bay coho forecast review approved
Each year the Scientific and Statistical Committee (SSC) and the Salmon Technical Team (STT) review the methodology used in assessing salmon stocks to ensure that any new or modified methods are using the best available science.
Last September, the Council approved a review of the approach used to forecast the abundance of Willapa Bay natural coho. Unlike most natural coho stocks in Washington state, Willapa Bay natural coho are not listed under the Endangered Species Act, nor managed under an international agreement. Therefore, Federal law requires that the Council establish an acceptable biological catch and annual catch limit on the stock. These figures are typically reported in terms of spawner escapement, which relies on forecasted abundances when seasons are being considered for the upcoming year.
After a full review by the SSC and STT, the Council adopted a new methodology to forecast Willapa Bay natural coho abundance. The methodology was developed by the Washington Department of Fish and Wildlife and is used to forecast other stocks of coho in Washington. It uses an estimate of freshwater smolt production and marine survival and is adjusted for assumed hatchery straying. The SSC approved these data and methods as the best available scientific information for the stock. See the methodology document for more details.
Area 2A halibut exploitable yield is same as last year
The Area 2A (Washington, Oregon, and California) total catch exploitable yield is 1.65 million pounds, which provides for an expected fishery catch exploitable yield of 1.5 million pounds, the same as in 2019. These values reflect the International Pacific Halibut Commission’s unanimous approval of maintaining fixed harvestable levels in Area 2A for four years (2019-2022) unless a conservation concern emerges.
The decision came at the 2020 Annual Meeting of the International Pacific Halibut Commission, which was held in Anchorage, Alaska, on February 3-7, 2020. The meeting focused on recent surveys and current stock status, the risks and benefits involved with specific harvest choices, and methods for distributing coastwide yield to regulatory areas.
IPHC Assistant Director Steve Keith provided a summary of the annual meeting to the Council in March. Keith will be retiring in 2020, and the Council thanked him for working with them over the years on halibut-related topics. Phil Anderson, the Council’s representative to the IPHC, attended the annual meeting, along with a number of Area 2A stakeholders including tribal, state agency, and industry representatives. He summarized the discussions and results of the meeting for the Council, including an update from the Management Strategy Advisory Board on progress made in developing a long-term plan focused on IPHC’s harvest strategy policy.
Incidental catch recommendations: options for the salmon troll and final recommendations for fixed-gear sablefish fisheries
Primary sablefish fishery north of Point Chehalis
Total Area 2A halibut quota is large enough this year to provide for incidental halibut harvest in the commercial primary fixed-gear sablefish fishery north of Point Chehalis. This incidental fishery is allocated a portion of the Washington sport allocation when the Area 2A allocation is large enough. In 2020, the maximum allocation is 70,000 pounds.
The 2020 incidental halibut catch restrictions in the fixed-gear fishery north of Point Chehalis will be set at 200 pounds of dressed weight halibut for every 1,000 pounds dressed weight of sablefish, plus two additional halibut in excess of the ratio. In 2019 the limit started at 200 pounds plus two, but was changed to 250 pounds plus two in July 2019. The objective for the landing limit is to ….
2020 Salmon troll fishery
Salmon troll license holders may land no more than one Pacific halibut per two Chinook, except one Pacific halibut may be landed without meeting the ratio requirement, and no more than 35 halibut landed per trip. Halibut retention is open May 1, 2020, through the end of the 2020 salmon troll fishery, unless modified by inseason action. In 2021, halibut retention will start no earlier than April 1, until modified through inseason action or superseded by 2021 management measures.
In 2019 the possession limit started at 25 in April, then changed to 35 on May 1 (the same as in 2020), but was changed through inseason action three times in July to ensure the halibut quota was not exceeded.
Council takes another step toward shifting halibut management
In March the Council took another step toward shifting management of the non-Indian directed commercial Pacific halibut fishery from the International Pacific Halibut Commission to the Council and NMFS. The Council approved a purpose and need statement and scope of action for the transfer, and approved a range of alternatives described in the Project Team report with only minor adjustments. The alternatives included preseason and inseason management issues for the non-Indian directed commercial fishery, permitting for the directed fishery as well as other commercial and charter fisheries, and other administrative issues.
Last September, the Council sent a letter to the International Pacific Halibut Commission outlining its plans to pursue the management transition. In November, the Council identified a three-meeting process to solicit industry input and public comment as this topic progresses. This year the Council is tentatively scheduled to approve preliminary preferred alternatives in September and to adopt a final preferred alternative in November.
NMFS presents California Current Ecosystem and Integrated Ecosystem Assessment Report
California kelp
The NOAA Fisheries Integrated Ecosystem Assessment (IEA) Team presented the annual California Current Integrated Ecosystem Assessment report to the Council in March. Highlights of 2019 ecosystem conditions include:
The system experienced weak to neutral El Niño conditions, average to slightly positive Pacific Decadal Oscillation, and very weak North Pacific circulation
A large marine heatwave emerged in mid-2019, similar in size and intensity to the 2013-2016 “Blob,” but it weakened by December
Several ecological indicators implied average or above-average productivity in 2019 although there was also evidence of unfavorable conditions, particularly off central and northern California
Indicators are consistent with average to below-average salmon returns in 2020
Above-average reports of whale entanglements occurred for the 6th straight year
West Coast fishery landings in 2018 declined 8% relative to 2017; revenue declined 7%
The Council’s Fishery Ecosystem Plan calls for an annual report on status and trends in the California Current ecosystem.
In March the Scientific and Statistical Committee (SSC) was directed to review the methodology for four ecosystem indicators used in the annual report: California sea lion pup count and growth rate as an indicator of forage conditions, the habitat compression index, port-specific revenue indices, and the natural origin Central Valley fall Chinook stock indicator. The IEA Team asked for SSC review of the first three of these, while the SSC added the Chinook status indicator to the list. This peer review helps improve the science underlying the indicators. The SSC review will occur at the September Council meeting.
The Council also encouraged the IEA team to continue development of socioeconomic and recreational fishery indicators.
Ecosystem Workgroup continues review of Fishery Ecosystem Plan
The Council began a review of the Fishery Ecosystem Plan in 2018, five years after its adoption, as required by the plan itself. In 2019 the Ecosystem Workgroup worked on the vision, purpose, and goals and objectives, delivering possible revisions at last September’s Council meeting.
Based on this, the Council circulated proposed changes for public review. In March, they adopted revised versions of the first two chapters of the plan. These chapters include the Council’s vision statement for the status of the California Current ecosystem, the purpose of the plan, goals, and objectives for addressing the Council’s vision, and Council decision-making processes to implement the tenets of the Plan.
The Council also directed the Ecosystem Work Group to continue reviewing Chapter 3 for adoption in September. Chapter 3 describes the physical, biological, and human components of the California Current ecosystem. To help with this, Ecosystem Workgroup membership will be supplemented with the needed scientific expertise.
Climate scenario workshop results in four climate scenarios
As part of the Fishery Ecosystem Plan Climate and Communities Initiative, the Council has been overseeing a climate change scenario planning exercise to help plan for the effects of climate variability and climate change.
In January 2020 the Council and The Nature Conservancy jointly sponsored a workshop with more than 80 participants to develop draft climate change scenarios. Workshop results were presented to the Council in March. Over the coming months the Council’s Climate and Communities Core Team will further flesh out the four scenarios developed at the workshop with help from the Council’s other advisory bodies. The Team plans to use these scenario descriptions in stakeholder workshops to be held in the second half of 2020. These workshops will gather information in support of the Council’s planning efforts.
Council sends letter on Columbia River operations draft environmental impact statement
On April 13 the Council sent a letter drafted by the Habitat Committee with comments on the Columbia River System Operations Draft Environmental Impact Statement (DEIS). The letter was addressed to the U.S. Army Corps of Engineers, Bonneville Power Administration, and Bureau of Reclamation.
The purpose of the DEIS is to update the management of the Columbia River system operations, since conditions have changed since the last EIS in 2002.
The DEIS evaluates impacts to resources in the context of new information and changed conditions in the Columbia River basin. The DEIS also responds to a 2016 U.S. District Court order which stated that the DEIS must ensure that management would not jeopardize the continued existence of species listed under the Endangered Species Act, or adversely affect designated critical habitat. The order states that the DEIS must also strive to improve the survival of both juvenile and adult salmon in the main Columbia/Snake migration corridor.
The Council’s letter expresses concerns that the DEIS does not incorporate the Council’s previous recommendations; does not include an “anadromous fish-focused” alternative in the range of alternatives; does not include an equitable economic analysis of recreational, commercial, and tribal fisheries; does not sufficiently account for the impacts of climate change, or avoid and mitigate increased water temperatures; does not sufficiently assess the benefits of configurations and operations that restore or improve essential fish habitat for salmonids; and that the preferred alternative is not a sufficient improvement over the No Action Alternative and, therefore, fails to meet a number of regional requirements, goals, and objectives for salmon (e.g., Endangered Species Act, Northwest Power Act, Northwest Power and Conservation Council Fish and Wildlife Program Recovery and Harvest Goals, Columbia Basin Partnership Task Force Goals, and state water quality standards).
In summary, the letter states “we find the DEIS (and the preferred alternative in particular) insufficient to provide the recovery actions necessary for ESA-listed stocks, or to provide healthy and harvestable Columbia Basin salmon populations necessary to support sustainable commercial, recreational, and tribal fisheries that the Council’s constituencies depend on. We also recognize there is an urgent need for stakeholders to come to long-term solutions that provides reasonable certainty to the objectives of all interests.”
National Marine Sanctuaries update Council on activities
Bill Douros, Director of the West Coast Office of National Marine Sanctuaries, updated the Council in March on sanctuary activities, programs, and upcoming actions of mutual interest. This annual report from the Sanctuaries gives the Council a chance to coordinate on issues relevant to both the Sanctuaries and the Council.
Douros reported that the Monterey Bay National Marine Sanctuary began its management plan review in 2015 and aims to issue a draft management plan, draft environmental assessment, and proposed regulations for public comment in spring 2020, with a nine-month comment period. No regulations that affect fishing activities have been proposed. He also noted that the Channel Islands National Marine Sanctuary began its management plan review in 2019.
More information on recent sanctuary activities can be found in the March report.
Council discusses marine planning
In March Caren Braby, Council designee for Oregon Department of Fish and Wildlife, provided an update on marine planning issues, including the annual meeting of the West Coast Oceans Alliance. The Council discussed ways to engage in offshore development plans that may affect fishing activities or fishing-dependent communities. Executive Director Chuck Tracy will discuss the issue with the Bureau of Ocean Energy Management and provide recommendations to the Council.
Council tackles large list of inseason adjustments, including shorebased carryover
Yellowtail rockfish with boot sponges (NOAA)
In April, the Council heard from Oregon Department of Fish and Wildlife (ODFW), California Department of Fish and Wildlife (CDFW), and members of the Groundfish Advisory Subpanel on the unfolding impacts of the COVID-19 pandemic on fishing communities. A report from the Groundfish Management Team (GMT) summarized the limited information available regarding disruptions to West Coast fisheries.
Noting that West Coast fishing communities are economically and socially linked to year-round groundfish fisheries, an analytical team from ODFW and CDFW explored whether modifications to existing trip limits and rockfish conservation area boundaries could provide relief to limited entry fixed gear and open access groundfish fisheries. Their findings suggest changing certain trip limits and making minor modifications to RCA boundaries could help those fisheries in the near term.
The Council adopted the proposed adjustments despite the fact that the GMT had insufficient time to review them. NMFS agreed to review the adjustments and respond as able, considering agency workload, supporting analyses, and the Council record.
Council takes emergency action on whiting sector in response to COVID-19 concerns
In April the Council took emergency action to add an agenda item for mothership/catcher-processor seasonal processing limitations to its agenda. The addition came in response to requests from its Groundfish Advisory Subpanel and the public to modify 2020 mothership and catcher-processer transfer rules in West Coast at-sea Pacific whiting fisheries.
The industry was concerned about the ability of available mothership platforms to receive and process Pacific whiting this year. A mothership processor decided to abandon that sector at the end of March to reduce its risk associated with the current COVID-19 pandemic, leaving three catcher vessels in the mothership sector without a processing platform. This meant potentially stranding 24 percent of the entire mothership whiting sector’s quota, with an ex-vessel value of approximately $5 million.
In response, the Council recommended that NMFS allow an at-sea Pacific whiting processing platform to operate as both a mothership and a catcher-processor in the same calendar year during the 2020 Pacific whiting fishery. This mitigates the impacts associated with the current processing limitations in these two sectors.
Six groundfish exempted fishing permits move forward for consideration in June
In June, when the Council finalizes its groundfish specifications and EFP recommendations, it will reconsider the revised EFPs (and possible increases in southern cowcod requests for EFPs) along with public comment.
Biennial harvest specifications and management measures set for 2021-2022 fisheries
Harvest specifications
In April the Council adopted final 2021 and 2022 harvest specifications (overfishing limits, acceptable biological catches, and annual catch limits [ACLs]) for all actively-managed west coast groundfish stocks and stock complexes.
The Council adopted “No Action” alternatives for all stocks, except for cowcod south of 40°10’ N. lat., sablefish, black rockfish in Oregon, and shortbelly rockfish. The No-Action alternative uses the same uncertainty and precautionary policy parameters used in the previous biennium, but applies them to updated biomass estimates. The Council selected ACLs that were more liberal than the No Action alternative for sablefish, black rockfish in Oregon, and shortbelly rockfish. A more conservative ACL was adopted for cowcod south of 40°10’ N. lat.
The alternatives can be found in tables 2.2, 2.3, 2.4, and 2.5 in the draft environmental assessment, except for the shortbelly rockfish ACL, for which the Council adopted an ACL of 2,000 mt.
These new harvest specifications are expected to be put in place on January 1, 2021, pending NMFS approval.
Management measures
The Council also adopted the preliminary preferred management measures for 2021 and 2022 as specified in this tribal report, this Groundfish Management Team (GMT) report, and a second GMT report. Management measures generally consist of changes to rockfish conservation area boundaries, allocation measures such as annual catch targets, set-asides, etc., accountability measures, commercial trip limits, and recreational season and bag limits.
The Council adjusted one GMT recommendation to increase the widow rockfish non-trawl allocation from 300 mt to 400 mt, directed the GMT to develop an annual catch target for shortbelly rockfish that would close a portion of the trawl fleet upon attainment, and adopted a 50 mt annual catch target for cowcod as a preliminary preferred alternative.
The Council is scheduled to adopt final management measures in June.
New stock assessment shows Pacific whiting stock is healthy
A new assessment shows the whiting stock is healthy, with a 65 percent depletion rate (65% of unfished biomass). Estimated biomass fell to a low of 33 percent in 2010, and peaked in 2013 and 2014 due to a very large 2010 year class and an above average 2008 year class. The estimated biomass has declined since 2017, during a time of record catches. As expected, the strong 2010 and 2014 cohorts have decreased due to relatively high exploitation and natural mortality.
The assessment results were part of an April briefing to the Council by Frank Lockhart (NMFS), who also discussed the U.S.-Canada whiting treaty decision-making process.
The Joint Management Committee, the decision-making body in the U.S.-Canada whiting treaty process, failed to reach agreement on a coastwide total annual catch (TAC). Therefore, NMFS will be proposing a U.S. TAC of 575,000 mt through a rulemaking process. The Council did not offer recommendations on a U.S. TAC as the NMFS-proposed TAC was not made available to the Council at its April meeting. The 2020 whiting fishery is scheduled to begin on May 15, pending the NMFS rulemaking.
Electronic monitoring program review
In December, the Council asked NMFS to delay implementation of electronic monitoring (EM) regulations until January 1, 2022, and to consider extending EM exempted fishing permits so the Council could continue developing the program. However, NMFS did not approve the request, so the regulations will go into effect January 1, 2021.
The Council is considering changes to the regulations to ensure that once the program is implemented, it is cost effective and flexible. In April, the Council reviewed some NMFS proposed regulation changes and a new procedural directive with a timeline for retaining and storing EM data, and adopted potential regulatory changes for public review:
Increase the deadline for vessel operators to submit hard drives containing EM recordings to 72 hours after an offload begins.
Require that EM data be removed before reusing hard drives only if end-to-end encryption is not used.
Remove the limit on switching between observers and EM for whiting vessels.
Remove the requirement for a mothership/catcher vessel endorsement to use EM on mothership catcher vessel trips.
Allow EM providers to receive and enter logbook information, rather than going through NMFS.
Require deadlines for EM service provider reports of technical assistance, logbook data, vessel operator feedback, EM summary and data compliance reports, and other reports, as specified elsewhere.
Change the implementation date for both the electronic monitoring provider permits and responsibilities and the vessel and first receiver responsibilities to no earlier than January 1, 2022 in the amended regulations.
The Council recommended continuing EM exempted fishing permits until the amended regulations go into effect. It also recommended that NMFS review the EM Program Guidelines and Provider Manual to make sure they are consistent with the NMFS Procedural Directive for retaining and storing EM data. The Council is expected to finalize its recommendations at the June 2020 Council meeting.
Council adopts tentative list of stocks for assessment in 2021, 2023
Bank rockfish, brown rockfish, copper rockfish, Dover sole, lingcod, petrale sole, squarespot rockfish, vermilion and sunset rockfishes, and yellowtail rockfish are candidates for full assessment in 2021. Dover sole may instead be assessed using a data-moderate approach, petrale sole may receive an update assessment, and vermilion and sunset rockfishes will be assessed as a complex.
Darkblotched rockfish, sablefish, and spiny dogfish are back-up candidates for full assessment in 2021 if the other stocks are determined to be a lesser priority. A final decision will be made at the June Council meeting. Sablefish is a candidate stock for an update assessment in 2021, and black rockfish and quillback rockfish are candidate stocks for full assessment in 2023.
The Council also adopted a draft terms of reference for the groundfish and coastal pelagic species stock assessment review process in 2021 and 2022, and recommended no changes to terms of reference for groundfish rebuilding analysis and methodology reviews.
The Council is scheduled to take final action on the assessment plans in June.
In March the Council appointed Andrew Babich to the vacant Washington Commercial position on the Coastal Pelagic Species Advisory Subpanel formerly held by Daniel Crome; Deborah Wilson-Vandenberg to the vacant California position on the Ecosystem Advisory Subpanel formerly held by Dr. Pete Adams; Harrison Ibach to the vacant Open Access North of Cape Mendocino position on the Groundfish Advisory Subpanel formerly held by Jeff Miles; Whitney Roberts was appointed to the vacant Washington Department of Fish and Wildlife position on the Groundfish Management Team; and Dr. Will White to the vacant At-Large position on the Scientific and Statistical Committee.
Additionally, Council Chair Phil Anderson appointed Maggie Sommer as both the Council’s alternate representative to the International Pacific Halibut Commission (IPHC) as well as the Council’s representative on the IPHC Management Strategy Advisory Body.
Council, NMFS discuss observer coverage and illness reporting requirement
On April 15, the NMFS West Coast Region temporarily suspended the requirement for Federally authorized at-sea observer coverage for all West Coast fisheries (including highly migratory species and groundfish at-sea sectors), as well as trawl catch share shoreside catch monitors.
On March 24, NMFS Headquarters had announced an emergency rule allowing regions to waive observer coverage in response to the COVID-19 pandemic. Language in the Federal Register stated “NMFS is issuing this emergency action to authorize actions to prevent any potential health issues caused by spreading the virus to fishermen, observers, technicians, and other persons involved with observer coverage,” with a goal “to protect public health, economic security, and food security, and to safeguard the health and safety of fishermen, observers, and other persons involved with such monitoring programs, while safeguarding the ability of fishermen to continue business operations and produce seafood for the Nation.”
The NMFS West Coast Region action came in response to a unanimous vote and Council letter sent immediately after the April council meeting, when a large number of people expressed concern about the impacts of COVID-19 on West Coast fishing fleets, processors, and coastal communities. NMFS responded the next day by temporarily waiving the requirement for commercial fishing vessels and first receivers in West Coast fisheries to carry a fishery observer or have a catch monitor. The waiver will be in effect beginning on April 16, 2020 for 14 calendar days. (See letter for details).
The Midwater Trawlers Cooperative noted that some regions are interpreting the national rule to allow for waivers only when observers are not available, requiring vessels to carry human observers in the West Coast Groundfish Trawl Individual Transferable Quota Program and in Alaska trawl fisheries in the Bering Sea and Gulf of Alaska. The Cooperative sent a letter asking NMFS to clarify that waiving observer coverage requirements is appropriate when having an observer on board would be inconsistent with, or not recommended under, social control guidance issued by local, state, or Federal governments.
During the same discussion, the Coast Guard reported on a Marine Safety Information Bulletin that identified the illness of a person on board any vessel as a hazardous condition that could adversely affect the safety of a vessel or port facility. Vessels are required to immediately notify the nearest Coast Guard Captain if any person on board exhibits symptoms of COVID-19 or other flu-like illnesses.
The CARES Act and other COVID-19 legislation signed into law
The CARES Act (“Coronavirus Aid, Relief, and Economic Security Act”) was signed into law on March 27. It includes $500 billion in funding for various U.S. industries, including $300 million earmarked for fisheries and aquaculture. A coalition of fishing industry representatives from around the nation submitted a letter to the President asking for assistance with the severe economic hardship created by the coronavirus epidemic. With consumers “sheltering in place” and restaurants closed, the $100 billion-per-year demand for U.S. fishery products evaporated overnight, according to the coalition, putting tens of thousands of well-paid jobs at risk. The coalition called for about $4 billion in Federal assistance to maintain the fishery supply chain until the economy recovers.
Section 12005 of the CARES Act focused on fisheries and authorized funds for tribal, subsistence, commercial, and charter fishery participants affected by the coronavirus. This section of the bill was aimed at supporting independent operators who were not otherwise covered by agriculture disaster assistance programs. To be eligible for relief, participants were required to have “revenue losses greater than 35 percent as compared to the prior five-year average revenue, or any negative impacts to subsistence, cultural, or ceremonial fisheries.” The Pacific States Marine Fisheries Commission will administer the distribution of the Pacific Coast share of the $300 million, which is yet to be determined.
In addition, the bill provided $4 billion to cargo carriers, which help the seafood industry in moving product; $1,200 for Americans with an income below $75,000 per year; adds $600/week in additional unemployment benefits for four months. It provided $100 billion to hospitals and health providers and increased Medicare reimbursements for treating coronavirus; gave $750 million to food banks, to Puerto Rico and the other territories for food assistance, and to programs for food distribution on American Indian reservations; made $500 billion of loans or investments to businesses, states and municipalities, and $32 billion in grants to the airline industry; provided mortgage relief; and delayed student loan payments. A detailed analysis is available on the Saving Seafood website.
On April 24, the President signed the Paycheck Protection Program and Health Care Enhancement Act into law. Like the CARES Act before it, the bill responds to the COVID-19 outbreak. It provides additional funding for small business loans, health care providers, and COVID-19 testing. Specifically, it increases the authority for the Paycheck Protection Program, which guarantees certain loans to small businesses, and provides for emergency economic injury disaster loans.
Oregon Work Share, an alternative for employers and workers who may be facing layoff. Instead of reducing staff, Work Share allows employers to reduce work hours. Partial unemployment insurance benefits are then paid to supplement workers’ reduced wages.
The Small Business Owner’s Guide to the CARES Act. Information on Paycheck Protection Program loans, the Small Business Debt Relief Program, Economic Injury Disaster Loans and Emergency Economic Injury Grants, small business counseling, small business contracting, and small business tax provisions.
Pacific sardine assessment, harvest specifications, and management measures set
In April the Council adopted the 2020 Pacific sardine assessment with the following harvest specifications and management measures:
Biomass: 28,276 metric tons (mt)
Overfishing limit: 5,525 mt
P* (uncertainty) buffer: 0.40
Acceptable biological catch: (Tier 2): 4,288 mt
Annual catch limit: 4,288 mt
Annual catch target: 4,000 mt
The Council recommended a 20% incidental catch allowance for commercial CPS fisheries, except for live bait and minor directed fishing; directed that take to be allowed for the live bait fishery, without incidental limits, with a per-trip limit of 1 mt of Pacific sardine if the live bait fishery attains 2,500 mt; recommended that if the annual catch target of 4,000 mt is attained, a 1 mt per trip limit of Pacific sardine would apply to live bait, and a 1 mt per trip limit of incidentally caught Pacific sardine would apply to commercial CPS fisheries; and recommended an incidental per-trip allowance of 2 mt of Pacific sardine in non-CPS fisheries.The Council also expressed support for the exempted fishing permit requests from the California Wetfish Producers Association and the West Coast Pelagic Conservation Group, which were submitted in November, as well as the April 2020 public comment by the California Wetfish Producers Association.
NMFS publishes final rule on drift gillnet hard caps
The National Marine Fisheries Service published a final rule on “hard caps” for certain protected species taken in the California/Oregon thresher shark/swordfish large mesh drift gillnet (DGN) fishery on February 7, 2020, which implemented a 2015 Council recommendation.
Under the regulations, the DGN fishery would immediately close if a hard cap (limit) on mortality or injury is met or exceeded for certain protected species during a rolling two-year period. The hard caps apply to observed mortality and injury to fin, humpback, and sperm whales, leatherback, loggerhead, olive ridley, and green sea turtles, short-fin pilot whales, and bottlenose dolphins. The hard caps recommended by the Council were more conservative than the Endangered Species Act consultation standards for these species, and were intended to further incentivise bycatch avoidance by the fleet.
After the Council transmitted its 2015 recommendation to NMFS, a proposed rule was published, but NMFS withdrew the rule after considering public comment and additional economic analysis of the Council’s recommendation. Oceana sued NMFS over the withdrawal of the rule, and a Federal court found in their favor and ordered publication of the final rule. In September 2020 the Council may consider whether to propose modifications to these regulations based on public comment, and in doing so review a NMFS analysis of the economic impacts of the regulations. If the Council decides to move forward, it would follow its multi-meeting process to consider regulatory changes.
Dept. of State representative Hogan discusses U.S.-Canada Albacore Treaty negotiations
In March the Council discussed negotiations related to the U.S.-Canada Albacore Treaty with David Hogan, the Council’s representative from the Department of State. The U.S.-Canada Albacore Treaty governs access by albacore fishing vessels of each country to the Exclusive Economic Zone of the other. The Treaty has been periodically amended over the past decade to establish three-year “fishing regimes” that specify access for the purpose of fishing and port privileges. Since the current fishing regime has expired, if desired, a new agreement will have to be negotiated before the start of the next fishing season on June 15, 2020. Absent an agreement, U.S. fishermen would not be allowed to fish in Canadian waters, land fish in Canadian ports, or pick up Canadian crew members.
In their report, the Highly Migratory Species Advisory Subpanel requested that NMFS and the Department of State respond to previous requests for data about the 2019 fishing season and the impact of possible designation of a marine protected area in waters off Vancouver Island on the albacore troll fishery. The Subpanel also raised concerns about the lack of communication between the U.S. and Canada regarding seizure of a U.S. vessel and a shipment of albacore from the South Pacific, and the outcome of the scheduled North Pacific albacore stock assessment.
Highly migratory species essential fish habitat review begins
In March the Council adopted an action plan for reviewing essential fish habitat for highly migratory species, which was originally described in 2003 and has yet to be reviewed. The Council will coordinate with the NMFS West Coast Region and the Southwest Fisheries Science Center on Phase 1 of the review, which will mainly consist of a literature review and annotated bibliography. The Phase 1 report is tentatively due in September 2020. Based on the Phase 1 results, the Council will determine if changes to the description of essential fish habitat, prey species, or the effects of fishing or non-fishing impacts require updating. If so, the Council can initiate Phase 2, which would amend the fishery management plan as necessary.
As part of its Climate and Communities Initiative (CCI) the Pacific Fishery Management Council (Council) is sponsoring a series of webinars with its advisory bodies, which are open to the public.
The webinars will be held on the following dates and times:
The Council’s Climate and Communities Core Team (CCCT) is coordinating a scenario planning process to explore potential fisheries management challenges under climate variability and change. During a two-day scenario development workshop in January 2020, more than 70 participants, including representatives from each of the Council’s advisory bodies, developed four scenarios to be used in a stakeholder driven strategic planning process. This is designed to meet the CCI goal to consider strategies for improving the flexibility and responsiveness of our management actions to near-term climate shift and long-term climate change, and strategies for increasing the resiliency of our managed stocks and fisheries to those changes. The CCCT is now enhancing the clarity of descriptions for each of the four scenarios (also referred to as ‘deepening’ the scenarios). The purpose of this webinar series is to solicit input from the Council’s advisory bodies on how possible future conditions described in each of these scenarios might affect the species and fisheries managed under the Council’s fishery management plans.
Please enter your name and email address (required)
You may use your telephone for the audio portion of the meeting by dialing this TOLL number +1 (872-240-3412)
Enter your audio phone pin (shown after joining the meeting).
Technical Information
System Requirements
PC-based attendees: Required: Windows® 10,8
Mac®-based attendees: Required: Mac OS® X 10.5 or newer
Mobile attendees: Required: iPhone®, iPad®, Android™ phone or Android tablet (See the GoToMeeting Webinar Apps)
For technical assistance, you may contact Kris Kleinschmidt call/text 503-820-2412; or Sandra Krause or call/text 503-820-2419.
Additional information
Requests for sign language interpretation or other auxiliary aids should be directed to Kris Kleinschmidt at 503-280-2412 at least ten business days prior to the meeting date.
If you have additional questions regarding the webinar, please contact Kit Dahl at 503-820-2422; toll-free 1-866-806-7204.
