NOAA Category Archives — Maritime Injury Law Blog Published by Alaska & Washington Maritime Injury Lawyers

Published on: October 8, 2024

Ropeless Crab Gear Trial

The recent trial of innovative ropeless crab fishing gear off the California coast has ignited controversy among the Dungeness crab fishing community. The trial, which ran from April 9 to June 30, 2024, allowed a limited number of commercial crabbers to use ropeless gear to harvest during a time typically restricted to protect whales and crabs. While the technology has been hailed by some as a major breakthrough in reducing whale entanglements, others in the community view it as a complication in an already strained industry.

The trial, the largest of its kind to date, focused on testing “pop-up” fishing gear designed to eliminate the need for traditional buoy lines, which are known to cause entanglements for marine mammals such as whales. Instead of using long lines of rope that extend from the ocean floor to a surface buoy, ropeless systems employ underwater cages that release to the surface when remotely activated by the fishermen. This eliminates the vertical ropes, which have been identified as a major hazard for migrating whales that can become trapped.

Whale entanglements in traditional crab fishing gear have become an increasingly urgent concern over the past decade, leading to frequent delays and shutdowns of the crabbing season in California. In recent years, crabbers have faced shortened seasons, which often fall during critical whale migration periods. As a result, the fishing industry has been under pressure to find solutions that balance both marine conservation and the economic sustainability of crab fishing. Proponents of ropeless gear argue that the technology offers a new way to allow crabbing to continue while protecting endangered species like humpback and blue whales.

Published on: October 1, 2024

Bycatch of Nearly 20,000 Chinook Salmon Shuts Down Alaska Pollock Fishery

by Joseph Stacey

Nearly 20,000 Chinook salmon were accidentally caught as bycatch in the Gulf of Alaska’s pollock fishery, forcing an early closure and igniting outrage among scientists studying endangered southern resident orcas and advocates for wild salmon. Chinook salmon, highly prized for their size and nutritional value, are a critical food source for the southern resident orcas that frequent the Salish Sea.

Although genetic testing of the caught Chinook has not yet been completed, it is highly likely that fish from Washington’s rivers were among those captured. Pollock, a white fish commonly used in products like fish sticks and fast-food sandwiches, was the intended target of the fishing operation.

The shutdown came after just two fishing vessels surpassed the allowable bycatch limit during the weekend of September 21-22. According to Julie Fair, a spokesperson for the Alaska region of the National Oceanic and Atmospheric Administration (NOAA), the boats were monitored by either onboard human observers or cameras. Starting next year, the entire fleet will be subjected to this level of monitoring.

Published on: September 3, 2024

Six Fishermen Saved by Personal Locator Beacon

by Nigel Stacey

A group of fishermen stranded in the remote Western Pacific were recently rescued, thanks in large part to a personal locator beacon they had with them, according to a U.S. Coast Guard search coordinator.

According to a news release from the U.S. Coast Guard Sector Guam, the six fishermen became stranded about 30 miles north of Satawal Atoll in the Caroline Islands when their engine failed at approximately 9 a.m. on August 17, 2024. The fishermen activated a personal locator beacon (PLB), sending a distress signal that transmitted their location to the Joint Rescue Sub-Center Guam, over 430 miles away.

The distress signal was relayed to the USCGC OLIVER HENRY, which was on patrol approximately 270 miles northeast of the fishermen, as well as the Panamanian-flagged cargo vessel ZHONG YU MARINE, a 97-meter cargo vessel located about 160 miles north of the stranded boat. Despite challenging conditions, including the remote location, thunderstorms, and low visibility, both ships reached the search area by 3 a.m. on August 18, 2024. The distressed fishing vessel was located, then towed to a nearby atoll.

Published on: August 13, 2024

U.S. Coast Guard Rescues 6 After Mayday Call from Burning Fishing Vessel

by Joseph Stacey

On Sunday August 11^th, 2024, at 8:56 p.m., the U.S. Coast Guard Sector Northern New England command center watchstanders received a mayday call from the F/V THREE GIRLS stating that the vessel was on fire, and all aboard were preparing to abandon ship. The vessel was located about 105 nautical miles east of Portsmouth, New Hampshire at the time of the incident.

The First Coast Guard District command center also received an Emergency Position Indicating Radio Beacon (EPIRB) alert from the vessel. The trawler was carrying six people, including a NOAA fishery observer.

At 9 p.m., Sector Northern New England diverted the USCGC William Chadwick, a fast response cutter, to respond. An MH-60 Jayhawk aircrew and a HC-144 Ocean Sentry aircrew from the U.S. Coast Guard Air Station Cape Cod was also launched in an effort to provide aerial support.

Published on: May 3, 2024

Federal Government Assumes Management of Salmon Fishing in Parts of Cook Inlet

by Joseph Stacey

Spring Chinook Salmon. Photo courtesy Michael Humling, US Fish & Wildlife Service

Salmon fishing in the federal waters of Cook Inlet will restart this summer with a shift in management to the federal government, as finalized in a recent ruling. The National Marine Fisheries Service (NOAA Fisheries), a branch of the National Oceanic and Atmospheric Administration, is assuming control over salmon management in the inlet waters categorized as the federal exclusive economic zone, extending beyond 3 miles offshore. This new regulation becomes effective on May 30th.

Up until this point, the state had overseen salmon fisheries in both state and federal waters of the inlet. However, due to a decade-long legal battle, federal courts mandated a shift in management. The United Cook Inlet Drift Association (UCIDA), comprising commercial salmon fishermen, initiated legal action against the federal government in 2013, alleging a failure to formulate a salmon harvest management plan for the federal waters of the inlet. Instead of crafting a specific plan for Cook Inlet salmon, the National Marine Fisheries Service had relied on the Alaska Department of Fish and Game, which historically managed salmon harvests across the inlet in both state and federal waters since statehood.

Published on: March 5, 2024

Bering Sea Trawling Study Postponed

by Nigel Stacey

A federal agency has decided not to proceed with a controversial bottom-trawling experiment that was planned this year for the Northern Bering Sea. Tribal and environmental groups, prepared to take legal action to stop the project, are welcoming the decision.

The Northern Bering Sea Effects of Trawling Study (NETS) aims to investigate the consequences of commercial bottom trawling, a fishing technique utilizing nets to sweep the seafloor, in an area of the Bering Sea where it is presently prohibited. Despite the ban on bottom trawling in the Northern Bering Sea, the study anticipates that changes in fish populations due to climate change may create future pressures for its implementation in the region.

The research project, slated to begin as early as August, is structured as a multiyear endeavor. Janet Coit, the director of NOAA Fisheries, conveyed the decision via email to tribal organizations that had voiced objections to the project.

Published on: December 19, 2023

Legislators Introduce Bill Ensuring Protection and Welfare of Commercial Fishermen

by Joseph Stacey

Senators Susan Collins (R-ME), Dan Sullivan (R-AL), and Edward Markey (D-MA) have spearheaded a bipartisan initiative by introducing the FISH Wellness Act, aimed at enhancing safety, health, and well-being in the fishing industry. This proposed legislation aims to expand upon the successes of the Commercial Fishing Occupational Safety Research & Training Program. It seeks to tackle a spectrum of occupational hazards encountered by fishermen, including worker fatigue and substance use disorders. The act will boost funding for the program, making research and training grants more attainable by removing match requirements.

During the Pacific Marine Expo this year, a coalition of commercial fishing industry professionals convened to deliberate on approaches to tackle the mental health concerns among commercial fishermen. Across generations, individuals have dealt indirectly with mental health challenges, prompting the newer generation to advocate for a more straightforward approach; talking openly about and resolving mental health issues.

“Providing our next generation of fishermen and women with the mental health and substance abuse care that they need is vital to the success of our industry,” said Andrea Tomlinson, founder and executive director of New England Young Fishermen’s Alliance. “Commercial fishing is the second most dangerous job in the US after logging, and these workers require extra mental and behavioral health support due to the strenuous and challenging conditions of this valuable trade.”

Published on: January 10, 2023

Secretary of Commerce Gina Raimondo Approves Disaster Declarations for Alaska and Washington

by Joseph Stacey

U.S. Secretary of Commerce Gina Raimondo announced on December 16^th, 2022, the approval of multiple Alaska and Washington fishery disaster requests. This approval is based on data submitted by states and/or local tribes.

“America’s fisheries are a critical part of our national economy and directly impact our local communities when disasters occur,” said Secretary of Commerce Gina Raimondo. “These determinations are a way to assist those fishing communities with financial relief to mitigate impacts, restore fisheries and help prevent future disasters.”

Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Interjurisdictional Fisheries Act (IFA) (learn more here), the following fisheries meet the criteria for a fishery disaster determination:

Published on: October 16, 2022

Alaska’s Bering Sea Snow Crab & King Crab Seasons Canceled

by Nigel Stacey

Officials in Alaska have cancelled the autumn Bristol Bay red king crab harvest as well as the winter snow crab harvest. After a summer population survey showed dismal stocks, the difficult decision to cancel was announced by the Alaska Department of Fish and Game. Biologists and senior agency officials alike agreed that this is the best decision amid deep conservation concerns.

“Management of Bering Sea snow crab must now focus on conservation and rebuilding given the condition of the stock,” the Alaska Department of Fish and Game said in a statement. “Efforts to advance our science and understanding of crab population dynamics are underway. With crab industry input, ADF&G will continue to evaluate options for rebuilding, including potential for sustainably fishing during periods of low abundance.”

Snow crabs are a cold-water species, usually found in areas where water temperatures are below 2 degrees Celsius. The snow crab population collapse is still being investigated; however, scientists believe the 2019 warming of the Bering Sea has caused a change in the crabs’ metabolism, which is leading to starvation. Warmer waters may also be advantageous to certain predators, further decreasing crab stocks. Last year’s harvest was the smallest in 40 years, with a 5.6 million pound harvest.

Published on: February 1, 2022

Alaska Fisheries Disaster Declaration Approved

by Joseph Stacey

On January 21^st, 2022, U.S. Commerce Secretary Gina Raimondo announced that her office has approved Gov. Mike Dunleavy’s request for an official disaster determination.

National Oceanic and Atmospheric Administration (NOAA) funds will be available to fishermen and crew members, seafood processors, and researchers who have felt the impact of this difficult season. The amount of the relief package will be determined at a later date. It is possible that some fishery related businesses will also be eligible for aid from the U.S. Small Business Administration.

“Helping communities to bounce back from the impacts of fishery disasters is essential, and we are working to ensure there is relief coming for impacted Alaskans,” Raimondo said in a statement. “Disasters like these, which impact multiple fisheries across Alaska, illustrate how vital sustainable fisheries are to our economy at not only the local level, but for the economic health of our nation’s blue economy.”