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3 Sentenced for eel poaching and selling

April 24, 2018 — PORTLAND, Maine — Three men accused of together poaching and selling as much as $1 million worth of baby eels, called elvers, have been sentenced to a combination of probation and fines.

The sentencing Thursday was part of a bust of an eel poaching ring, the Bangor Daily News reports. The Operation Glass Eel bust led to 21 men being prosecuted on charges of illegally catching, selling and transporting more than $5 million worth of elvers in nine East Coast states. Twelve of the men are from Maine.

Two of the men sentenced Thursday in Portland were from Massachusetts. The third lives in Maine.

Elvers are one of the country’s most lucrative fisheries on a by-the-pound basis. They are sold to Asia for sushi.

Maine is the only U.S. state with a significant fishery for baby eels, or elvers. The tiny, translucent eels are sold to Asian aquaculture companies to be raised to maturity for use as food. They’re a key piece of the worldwide supply chain for Japanese dishes such as unagi, and some eventually make it back to the U.S.

The elvers are also legally harvested in South Carolina. Massachusetts only has a fishery for older eels, those larger than 9 inches, as do Maryland, Virginia and Delaware.

Read the full story at the Gloucester Times

 

ISSF: How Can Tropical Tuna Purse-Seine Fisheries Become MSC Certified?

April 19, 2018 — WASHINGTON — The following was released by the International Seafood Sustainability Foundation:

The International Seafood Sustainability Foundation (ISSF) has published a comprehensive report of recommendations, with an emphasis on fish aggregating device (FAD) usage, for purse-seine fisheries pursuing Marine Stewardship Council (MSC) certification. ISSF 2018-05: Recommended Best Practices for Tropical Tuna Purse Seine Fisheries in Transition to MSC Certification, with Emphasis on FADs is based on MSC fishery-certification requirements and organized by MSC scoring indicators. It is intended as a practical resource for purse-seine fisheries entering into Fishery Improvement Projects (FIPs) to address problems, close gaps, and earn MSC certification.

The report summarizes science-based best practices for tropical tuna purse-seine fisheries with a FAD component — that is, with a portion of their sets on FAD-associated schools of tuna. Many of the practices also apply to purse-seine fishing on free-swimming tuna schools.

MSC Certification, Purse-Seine Fisheries, and FIPS

Approximately 65% of the world’s tuna is harvested from purse-seine fisheries, which have been challenged in receiving MSC certification as compared to other species fisheries. Only certain components of some purse-seine fisheries — the free-swimming school, anchored FAD, and dolphin-associated components — have been certified by MSC to date.

Helping all tuna fisheries to be sustainable and meet MSC certification standards — without conditions — is ISSF’s ultimate objective. Since FIPs are instrumental in that process, ISSF’s new five-year strategic plan, Advancing Sustainable Tuna Fisheries,emphasizes tools and resources, along with scientific expertise and RFMO advocacy, to support those improvement projects.

More than 30 tuna FIPs are active worldwide today, and many retailers and food-service providers are committed to FIPs in their seafood sourcing guidelines.

Best Practices in FAD Fishing

In Recommended Best Practices, ISSF marine scientists Ana Justel-Rubio and Dr. Victor Restrepo — who also sits on MSC’s Technical Advisory Board — reference requirements from Regional Fisheries Management Organizations (RFMOs) and present best practices gleaned from ISSF at-sea research, skippers workshops, and other resources.

Regarding FAD use, they identify several best practices for vessels operating in a tuna purse-seine fishery seeking certification, including:

  • Comply with flag state and RFMO reporting requirements for fisheries statistics by set type
  • Voluntarily report additional data on FADs for use by RFMO science bodies
  • Support science-based limits on the overall number of FADs used and/or FAD sets
  • Use non-entangling FADs only, and promote the use of biodegradable FADs
  • Develop a FAD recovery policy, including arrangements to alert coastal countries of derelict FADs that may impact sensitive areas
  • For silky sharks (the main bycatch species in FAD sets), implement further mitigation efforts
Recommendations to Increase MSC Scores
In addition to best practices for FAD use, the report recommends strategies for fisheries to:
  •  Promote RFMO adoption of stock management measures that address all fishing gears
  •  Increase research and monitoring capabilities
  •  Improve overall compliance with RFMO requirements, including reporting of data needed for stock assessment

An appendix lists all MSC performance indicators (PIs) for each MSC Principle — Sustainable Fish Stocks (P1), Minimizing Environmental Impact (P2), and Effective Management (P3) — and their component scoring issues (SIs), identifying actions that will lead to passing scores of 80 or higher.

 

Court Battle Continues Over Atlantic Ocean’s First-Ever National Monument

April 18, 2018 — Commercial fishing groups are joining in federal court to challenge the creation of the Atlantic Ocean’s first-ever marine national monument. But the federal government is now asking for the case to be tossed out.

At stake is the future of roughly 5,000 square miles off the coast of Massachusetts, called the Northeast Canyons and Seamounts.

President Barack Obama used the federal Antiquities Act to protect the zone in 2016. His office said it contained critical wildlife habitat.

The order stopped commercial fishing there, but did allow red crab and lobster fisheries a seven-year window to close up shop.

Read the full story at New England Public Radio

 

Response due from feds in lawsuit to end Atlantic monument

April 10, 2018 — PORTLAND, Maine — The federal government’s response to a lawsuit from fishermen trying to eliminate former President Barack Obama’s Atlantic Ocean monument is coming due.

The fishing groups sued to challenge the 2016 creation of the Northeast Canyons and Seamounts Marine National Monument. The monument is a 5,000-square-mile area off of New England and is the first monument of its kind in the Atlantic Ocean.

A federal court ordered the U.S. Department of Commerce to respond to the lawsuit by April 16. It was filed at U.S. District Court for the District of Columbia.

Read the full story from the Associated Press at the New Jersey Herald

 

New Bedford vessel cited for hiding scallops

April 9, 2018 — NEW BEDFORD, Mass. — A commercial scallop vessel was found to be hiding scallops following an inspection of the fishing boat on Sunday, April 8, according to the Massachusetts Environmental Police.

The vessel was on a “closed area trip” which restricts the landing limit for scallop meats to a certain poundage. Upon completion of the off-load, the vessel was found to be over the limit by three-hundred pounds. Multiple bags of scallop meats were found hidden throughout the interior of the vessel.

Read the full story at the New Bedford Standard-Times

 

Atlantic marine monument suit can move forward

March 30, 2018 — Fishing organizations are set to proceed with their suit against the federal government to reopen fishing grounds in New England.

President Obama established the Northeast Canyons and Seamounts National Marine Monument, which included a blanket commercial fishing ban in an area that was already closed to some gear types under the New England Fishery Management Council’s jurisdiction.

The lawsuit has been held up since April 2017 by a Trump administration review of several national monuments created under the Obama administration. Recent filings at the U.S. District Court for the District of Columbia say the hold was lifted in mid-March.

The lawsuit argues that Obama never had the authority to establish the monument under the the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government,” as the act stipulates.

In December, Interior Secretary Ryan Zinke recommended making changes to marine national monument policies and proposed shifting the responsibility for controlling fishing within the monument to the regional fishery management councils.

“No president should use the authority under the act to restrict public access, prevent hunting and fishing, burden private land, or eliminate traditional land uses, unless such action is needed to protect the objects,” wrote Zinke in his recommendation.

Since Zinke’s official recommendations, no public action has been taken by the administration to address his statement.

Fishing industry leaders involved with the suit are ready to pick up where they left off.

“The Massachusetts Lobstermen’s Association is optimistically encouraged, given the forward movement of the lawsuit,” said Beth Casoni, executive director of The Massachusetts Lobstermen’s Association. “We are hopeful to regain the fishing grounds that were taken away from the fleet and to set a legal precedent through the court that will prevent any further draconian actions against the fleet.”

While lobster and deep-sea red crab fisheries were granted a 7-year grandfather period, all other commercial fishing was banned when the 5,000-square-mile monument was established in order to protect deep-sea corals and vulnerable species like North Atlantic right whales.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” Jon Williams, a New Bedford, Mass., crabber and a member of plaintiff group Offshore Lobstermen’s Association told the Associated Press.

Read the full story at National Fisherman

 

Lawsuit against national marine monument moving forward

March 29, 2018 — A lawsuit against a national marine monument, started nearly a year ago, is moving forward once more after a U.S. District Court Judge lifted a stay placed on the case.

The Northeast Canyons and Seamounts National Marine Monument, established via executive order using the Antiquities Act by President Barack Obama, set aside 4,913 square miles (12,724 square kilometers) of ocean 130 miles (209 kilometers) off the coast of New England. Soon after the monument was established, several fishing groups sued the federal government arguing that the move exceeded the President’s authority.

The motivation behind the lawsuit stems from the monument’s blanket ban on all commercial fishing. While a grandfather period of seven years was given to the lobster and deep-sea red crab fisheries, all other fishing operations have been banned from the area.

Now, thanks to U.S. District Court Judge James E. Boasberg’s lift of a stay granted on 12 May 2017, the lawsuit will begin to move forward once more. The lawsuit argues that Obama did not have the authority to establish the monument based on the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government.”

Secretary of the Department of the Interior Ryan Zinke recommended, in a review released in December 2017, that the proclamation of the monument be amended to allow the local fishery management council to make decisions as authorized by the Magnuson-Stevens Act.

“There is no explanation in the proclamation as to why the objects are threatened by well-regulated commercial fishing,” wrote Zinke in his recommendations. “The proclamation should be amended, through the use of appropriate authority.”

Since that recommendation, however, the Trump administration has failed to act.

“Fishermen have waited a year for the government to respond to their lawsuit challenging a clear case of Antiquities Act abuse – locking fishermen out of an area of ocean as large as Connecticut,” said Jonathan Wood, an attorney with the Pacific Legal Foundation who is representing the plaintiffs. “The court’s decision to lift the stay will now require President Trump to decide whether to act on the secretary’s recommendation or defend President Obama’s unlawful monument decision in court.”

So far, said Wood, they haven’t heard whether or not the administration plans to defend the monument in court.

Read the full story at Seafood Source

 

April Showdown Looming for Battle Over Atlantic Ocean Monument

March 28, 2018 — WASHINGTON — Fisherman and lobstermen reeled in a temporary victory after a federal court agreed to lift a 10-month stay on a lawsuit that seeks to reverse Obama-era protections for the first national marine monument in the Atlantic Ocean.

In September 2016, former President Barack Obama used powers under the Antiquities Act to designate the Northeast Canyons and Seamounts National Monument.

The 5,000-square-mile monument, rich with deep coral and home to sperm whales, sea turtles and dolphins, is located just off the Georges Bank near Cape Cod, Massachusetts.

The Obama-era order closed off the area to commercial fisherman, except for a handful of crabbers who were grandfathered into the deal and allowed to continue trawling for just seven years more until fishing activity would be completely barred in the region.

The plaintiffs who originally challenged the monument designation in March 2017 include the Pacific Legal Foundation, the Atlantic Offshore Lobsterman’s Association, the Long Island Commercial Fishing Association, the Rhode Island Fisherman’s Alliance and the Garden State Seafood Association.

In their original lawsuit, the groups claimed Obama “exceeded his power under the Antiquities Act” when cordoning off the ocean acreage.

They argued the sea is not “land owned or controlled by the Federal government and thus not within the president’s proclaiming authority.”

“Unless a permanent injunction is issued to forbid the implementation of the proclamation’s fishing prohibitions, plaintiffs are and will continue to be irreparably harmed … and will continue to suffer a diminution of income, reduced fishing opportunities and depletion of their investment in their boats and permits,” the March 2017 complaint states.

This March 15, U.S. District Judge James Boasberg finally agreed to allow the fisherman’s lawsuit to continue, effectively turning up  pressure on the Trump administration to act.

Read the full story at the Courthouse News Service

 

Fishermen suit against Atlantic marine monument moves ahead

March 27, 2018 — PORTLAND, Maine — Organizations suing to eliminate the first national marine monument in the Atlantic Ocean have gotten the OK to proceed with a suit designed to reopen the area to commercial fishing, which environmentalists fear could jeopardize preservation efforts.

The fishing groups sued to challenge the creation of the Northeast Canyons and Seamounts Marine National Monument created by President Barack Obama in 2016. It’s a 5,000-square-mile area off of New England that contains fragile deep sea corals and vulnerable species of marine life such as right whales.

The fishermen’s lawsuit had been put on hold by a review of national monuments ordered by President Donald Trump’s administration in April 2017. Court filings at U.S. District Court for the District of Columbia say the stay was lifted in mid-March and the litigation can proceed.

Marine national monuments are underwater areas designed to protect unique or vulnerable ecosystems. There are four of them in the Pacific. The Northeast monument, the only one off the East Coast, is also an area where fishermen harvest valuable species such as lobsters and crabs.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” said Jon Williams, a New Bedford, Massachusetts, crabber and a member of plaintiff group Offshore Lobstermen’s Association. “It’ll raise attention to it a little bit, which it needs.”

The court ordered the federal government, which is the defendant in the case, to respond by April 16. A spokeswoman from the federal Department of Commerce declined to comment.

The lawsuit’s ability to move forward will hopefully prod the federal government to make a decision about the future of the monument, which is unpopular with commercial harvesters, Williams said. But a coalition of environmental groups is also intervening in the case in an attempt to keep the monument area preserved.

Read the full story at the AP News

 

Fisherman who sued feds thrilled about funding for monitoring

March 23, 2018 — HAMPTON, N.H. — A commercial fisherman who sued the federal government over at-sea monitoring costs was thrilled Thursday when it was announced the National Oceanic and Atmospheric Administration would fully fund the program under the omnibus government spending bill.

David Goethel, of Hampton, said he learned about the funding Wednesday.

“I’ve been sitting on this for 18 hours. I was like a cat that swallowed a canary. I didn’t want to spit out any feathers,” Goethel said Thursday afternoon.

NOAA used to pay at-sea monitoring fees but reduced contributions in recent years. Fishermen say their costs can be up to $700 per day.

Goethel’s wife, Ellen, said the news brought tears to her eyes.

“I can’t overstate enough how much this means to the fishermen of New England,” Ellen Goethel said.

The couple learned the news through an email from Erica Anhalt, a legislative assistant for U.S. Sen. Jeanne Shaheen, D-NH.

On Thursday morning, Shaheen issued a public statement.

“New Hampshire fishermen face enough daunting challenges — the last thing they need right now is to be further burdened with a costly regulatory fee,” said Shaheen.

Read the full story at the Union Leader