Pacific Council News Spring 2020: Other news

Nominations open for advisory body vacancies

Chairs lined up for a meeting

The Council is accepting nominations for a Washington position on the Ecosystem Advisory Subpanel and the Northern Charter Boat Operator position on the Highly Migratory Species Advisory Subpanel. Nominations for both are due Monday, May 18.

Advisory body appointments made in March

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.

More COVID-19 resources:

Federal guidance for small businesses, including information on the Economic Injury Disaster Loan Program:

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Pacific Council News Spring 2020: Coastal pelagic species

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.

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Pacific Council News Spring 2020: Highly migratory species

Offloading tuna
Photo courtesy of Rebecca Gardon

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.

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Climate and Communities Initiative “Scenario Deepening” webinar series; various dates May 20 through June 5

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:

Purpose of this webinar series

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.

To attend the online meetings (GoToMeeting)

  1. Use this link:  https://www.gotomeeting.com/meeting/join-meeting
  1. Enter the Meeting ID/Access Code: 240-804-645
  2. Please enter your name and email address (required)
  3. You may use your telephone for the audio portion of the meeting by dialing this TOLL number +1 (872-240-3412)
  4. 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.

Salmon Advisory Subpanel and Technical Team Webinar on Scenario Deepening, June 2

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Coastal Pelagic Species Advisory Subpanel and Management Team Webinar on Scenario Deepening, June 1

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Groundfish Advisory Subpanel and Management Team Webinar on Scenario Deepening, May 28

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Scientific and Statistical Committee Webinar on Scenario Deepening, May 26

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Highly Migratory Species Advisory Subpanel and Management Team Webinar on Scenario Deepening, May 20

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