Factory trawler charged with salmon violation

NOAA's Office of General Counsel reports this case charged in August:

• C/P Northern Eagle — Owners American Seafoods Co. LLC and Northern Eagle LLC were charged jointly and severally under the Magnuson-Stevens Fishery Conservation and Management Act with failing to ensure no salmon of any species passed the observer collection point. A $15,000 NOVA (notice of violation and assessment) was issued.

Deckboss invites readers to visit our companion blog The Brig for more fisheries enforcement news.

Observer enforcement action

The North Pacific Observer Program 2020 Annual Report discloses this enforcement action, among others:

F/V Seafisher — Crewman Iakopo Jake Vae was charged under the Magnuson-Stevens Fishery Conservation and Management Act with forcibly assaulting and sexually harassing a fisheries observer onboard the vessel. A $60,000 notice of violation and assessment was issued.

F/V Aleutian Sable fined $156K

Federal authorities have posted their national enforcement report for the first six months of the year.

One Alaska case carries a $156,091 penalty:

F/V Aleutian Sable — Owner and operator were charged in eight counts under the Magnuson-Stevens Act for failing to maintain a wheel watch on the vessel; for harassing observers, having the purpose or effect of interfering with the observers' work performance, or otherwise creating an intimidating, hostile or offensive environment; for failing to notify the observers, on multiple occasions, at least 15 minutes before fish were brought on board to allow the observers to sample the catch; and for retaining Individual Fishing Quota (IFQ) halibut on board the vessel in excess of the total amount of unharvested IFQ halibut applicable to the vessel category and Regulatory Area 4A in which the vessel deployed fixed gear, and in excess of the IFQ that was currently held by all permit holders aboard the vessel. A $156,091 NOVA (Notice of Violation and Assessment of Administrative Penalty) was issued.

See the report for lots more Alaska enforcement actions, including cases that have settled.

You're in

U.S. District Judge H. Russel Holland has granted the Fixed Gear Alliance's motion to intervene as a plaintiff in The Boat Co. lawsuit.

Here's the judge's order.

We want in

Deckboss reported in December how The Boat Co., a Southeast Alaska sportfishing outfit, had filed suit challenging the federal government's expanded fishery observer program.

The suit argues program regulations don't ensure adequate observer coverage to estimate bycatch of halibut and Chinook salmon in Gulf of Alaska trawl fisheries.

Now a group called the Fixed Gear Alliance is looking to intervene in the case, also to challenge the expanded observer program.

This memorandum in support of the motion to intervene explains the group's many complaints, including "excessive and unnecessary costs" and other burdens associated with the program.

The memo says the Fixed Gear Alliance is "an Alaska nonprofit corporation whose membership represents commercial fishing vessel owners, commercial fishing vessel operators, commercial fishing crewmembers, halibut and sablefish Quota Share holders, and commercial fishing associations who operate, or who have members that operate, fixed longline or pot fishing gear in the Gulf of Alaska, Bering Sea, or Aleutian Island management areas."

Juneau attorney Bruce Weyhrauch is representing the Fixed Gear Alliance.

Council passes observer restructuring plan

The North Pacific Fishery Management Council yesterday voted 11-0 for an overhaul of the observer program.

This makes big changes in how observers are deployed. And it requires new classes of fishing boats including halibut longliners to sometimes carry observers, who log the makeup of the catch.

The overhaul also includes a new way to pay for observers — a fee amounting to 1.25 percent of the dockside or ex-vessel value of commercial catches.

As I understand it, the fee will apply uniformly to all fishing vessels covered under the restructured observer program. The council had considered a higher fee for some fleets and a lower fee for others.

Factory trawlers and other large vessels now required to carry one or more observers 100 percent of the time won't pay the fee. They will continue with the existing system, paying directly for observers as needed.

Remember, council decisions are recommendations. The final say belongs to the U.S. commerce secretary.

Council faces three big issues this week

The North Pacific Fishery Management Council meets this week at the Hotel Captain Cook in Anchorage, and the agenda is pretty heavy.

Here's a quick rundown:

Observer reform: The council is poised to take final action on a plan to restructure the observer program. Observers, of course, are those young biologists who ride along on commercial fishing boats to collect important data on what's caught, kept and tossed. Depending on what options the council chooses, program restructuring could mean two new classes of boats — halibut boats and groundfish boats under 60 feet long — will have to start carrying an observer part of the time. And vessel owners in most if not all Alaska fleets could face a fee of up to 2 percent of the dockside value of their catches to cover the cost of observers.

Kodiak crab protection: The council also is expected to take final action on restricting some areas off the east coast of Kodiak Island to protect bairdi Tanner crab stocks. The council could ban trawl and pot boats from the areas seasonally or year-round, or require them to carry observers more often to keep fishing there. As steady Deckboss visitors know, the killing or maiming of crab while in pursuit of groundfish is a touchy subject.

Steller sea lion verdict: With much anticipation, I'm sure, council members will hear the final word from the National Marine Fisheries Service on just how restrictive the western Aleutians cod and Atka mackerel fisheries are going to be come next year. As you'll recall, NMFS proposed extensive commercial fishing closures along the chain to protect the endangered Steller sea lion. The council at its August meeting suggested ways to reduce the closures. It'll be fascinating to see if NMFS bends a little. Either way, we could see litigation bust out over this one.

Farewell: A reception is planned for Friday evening to say so long to Denby Lloyd, who is retiring Dec. 1 as Alaska's fish and game commissioner and thus a member of the council.

Here's the agenda with all the times, dates and places for the council meeting and side gatherings.

Blotter

Some interesting news on The Brig today.