PACIFIC
ALBACORE
WFOA HOTSHEET:
LEGISLATION, REGULATIONS, and MORE
On this page you'll find news and notes about ongoing legislation -- state, federal, and international -- with updates on legislation and regulations affecting or of interest to the Western Fishboat Owners' Association. We'll include contacts and suggestions for comments when possible. Also check our NEWS page for other updates on fishing requirements. EMAIL wfoa@charter.net if you have updates or questions.
Closed Fishing Areas Around Bowie Seamount - Canada
For US vessels wishing to participate in the Albacore Tuna Treaty with Canada, you must be aware of the Canada DFO requirements of Permanent Closed Areas and the Bowie Seamount Marine Protected Area.
A detailed map of the Bowie Seamount MPA area can be found here: Bowie Seamount MPA
I will be post soon on: swr.nmfs.noaa.gov/albacore.htm
Chris Fanning NMFS SWR
Oregon Legislation Bait Harvesting: The State of Oregon is investigating allowing seining of bait in bays for the purpose of using for bait on the tuna bait boats. Current state rule does not allow commercially fishing bait in Oregon’s bays, with the exception of a very specific fishery for herring in Yaquina Bay. They are looking for input specific to harvesting bait from any albacore fishers such as locations to be fished, gear used, timing, etc. They are targeting the August Oregon Fish and Wildlife Commission meeting for rulemaking. To do so, they need to get proposals together in the next month. Any input members may have would be greatly appreciated. Contact:
Gway Kirchner, Marine Resources Program, Fisheries Management Section, Oregon Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, Oregon 97365 - (541) 867-0300 ext. 267 gway.r.kirchner@state.or.us
JUNE 9, 2009 - Diane Rehm (NPR) talks to Dr. Jane Lubchenco and Zeke Grader This is an interview that gives insight into the views of the new administrator of NOAA, especially in regards to managing fisheries by IFQ's.
JUNE 8, 2009 - California Air Resources Pamplet - Emissions [ Link] This has information for California vessels in order to comply with new air emission standards.
JUNE 5, 2009 - NMFS Draft White Paper on Albacore Effort Controls [ Link] This will be presented on June 14th at the PFMC meeting in Spokane, WA. WFOA finds some of this document problematic because it does not address how to control foreign and illegal effort and only offers options to control U.S. albacore trollers. Albacore fishermen are encouraged to comment to the PFMC. WFOA will post more detailed comments after the PFMC meeting.
JUNE 3, 2009 - Western and Central Pacific Fisheries Commission - Proposed Rulemaking NMFS - Comment Period - NMFS has issued proposed new rules to comply with WCPFC regulations concerning issues such as VMS, Observers, and Vessel Markings for albacore vessels operating west of 150W. Some of these are onerous and costly. The comment period ends on June 22 and we urge WFOA members and non-members alike to make comments to both NMFS and your local U.S. Congressman or Senator.
You can link to a letter WFOA wrote to NMFS concerning the most important issues at: WFOA Comments - WCPFC Rules 2009, and a downloadable Form Letter that fishermen can send to their legislators. You can also find your local representative at the following links: Search for your Rep, and Entire U.S. Congressional Listings.
New Online Searchable Database of Marine Laws: PALO ALTO – All of the laws pertaining to the management of the California Current ecosystem have been compiled into a single, searchable online database, publicly accessible through the Governance of the California Current Large Marine Ecosystem Website at www.cclme.org
Bar Crossing Regulations: For those that have not heard, the USCG 13th District is proposing bar crossing regulations for WA and OR coastal bars that are very restrictive and gives the Port USCG personnel absolute authority. There is a proposed formula based on wave height that would restrict a 40 feet vessel with one foot of freeboard to crossing a bar with a maximum wave height of 5 feet. There are other problems with the proposed regulations. For the actual regulation proposal, go to Docket No. USCG-2008-1017 in the Federal Register.
Notices of Departure: First as to notices of departure (NOD) and notices of arrival (NOA), in subpart 160. A NOA will now be required of U.S. fishing vessels of less than 300 gross tons IF that vessel is coming to the US from a foreign port. If the U.S. fishing vessel of less than 300 gross tons has been required to file a NOA, then it will also be required to file a NOD. There does not seem to be a requirement that a US fishing vessel file a NOD if it is leaving the US to go to a foreign port.
One thing which has been added that may be helpful is that a US vessel under 300 gross tons which is arriving from a foreign port and the voyage is less than 24 hours, then the NOA needs to be sent only 60 minutes prior to the departure from the foreign port. NODs must also be filed at lease 60 minutes prior to departure. An addition which may not be helpful is that all NOAs and NODs must be filed electronically.
Automatic Identification System (AIS): The same proposed rule above also amends Part 164 of 33 Code of Federal Regulation and will now require an AIS on all U.S. fishing vessels 65 feet or more in length. AIS proposed carriage requirements would NOT apply to fishing vessels under 65 ft, except those that are 300 gross tonnage or greater and on aninternational voyage. Also note, current AIS prices are $700-1500 Class B, $2800-4500 Class A.
New Boarding Ladder Requirements: Under existing regulations, "all vessels except for those vessels with a freeboard of 4 feet or less, must provide a safe ladder if needed for the authorized officer and his/her party to come aboard."
In this rule, NOAA defines a "safe boarding ladder" as a Coast Guard approved pilot ladder. CG approved pilot ladders were designed to transfer people at sea and are standard equipment for other sectors of the marine industry. Pilot ladders cost approximately $64/foot custom-made. An 8-foot pilot ladder would cost approximately $512. This would be a one-time cost for all practical purposes.
In the rule, NOAA clarifies the term "freeboard" as the working distance between the top rail of the gunwale, where the boarding officer climbs into the vessel, and the water's surface. This clarification was needed because under the existing rule, freeboard has been interpreted to mean either the weather decks or the top of the gunwale, which can be a vertical difference of more than 6 feet in some cases. Some vessels have openings in the bulwarks specifically for at-sea personnel transfer; the new definition accommodates these openings. Points of Contact: LCDR Chris German, USCG (Liaison to the Office of Enforcement) 301-427-2300