Management & Regulation

The New England Fisheries Management Council has issued a revised agenda for their January 26-28 meeting to be held at the Sheraton Harborside Hotel in Portsmouth, NH.  The agenda for January 27th was modified from the initial agenda as the committee will review and may reconsider measures proposed in Scallop Framework Adjustment 21. Read the updated agenda (PDF)

In December, days after federal scallop permits were devalued by the New England Fishery Management Council on the motion of the representative of the Environmental Defense Fund, the Cape Cod Fisheries Trust — which is advised by EDF — announced a grant from the Walton Family Foundation and plans to buy scallop permits.

The $500,000 grant from the foundation of the family that founded Wal-Mart moved the fisheries trust, the investment division of the Cape Cod Commercial Hook Fishermen's Association, toward its capitalization goal of $10 million for the purchase of scallop and groundfish permits. And according to the Dec. 4 announcement, the trust had raised $2 million toward that end.

The previous week, the council on a 10-7 vote on the motion of EDF senior staffer and councilor Sally McGee, decided to hold the scallop harvest for 2010 to a total catch millions of pounds shy of the amount the independent Science and Statistical Committee and the Plan Development Committee said would be viable.

Read the complete story at The Gloucester Daily Times.

Kudos to Gov. Deval Patrick, Congressman Barney Frank, Mayor Scott Lang and others for essentially reading the New England Fisheries Management Council the riot act.

The council, and its previously dismissive chairman, John Pappalardo, has now reversed itself and agreed to review unfair federal scallop restrictions imposed in November.

Previously, Pappalardo had refused to review the restrictions, which area scientists say are based on bad science.

It’s always an uphill battle with the New England Fisheries Management Council. I’ve covered it off and on since I was a younger reporter and and it has a bureaucratic, often closed-minded approach, to the issue of managing the fisheries.

Read the complete story at The South Coast Today.

In a sharp reversal, scallop restrictions imposed by the New England Fishery Management Council in November will be on the agenda for discussion and possible reconsideration by the council in two weeks.

The highly anticipated decision by council Chairman John Pappalardo follows an uproar from fishermen, scientists, elected officials and others who complained that the council ignored the latest science in November when imposing a 25 percent cut in the scallop fishery for the year starting in March.

They contend that the scallop fishery is in even better shape than was believed, and that the fleet is nowhere near reaching the point of overfishing.

The objections were adamant, and the preliminary vote to curb scalloping was split, not nearly unanimous as the council approving overall regulations.

Lang, in a letter to U.S. Commerce Secretary Gary Locke, said, "I do not believe that the scientific data regarding the state of the scallop fishery was considered appropriately, nor do I believe that any appropriate economic impact was considered by the council."

The mayor accompanied his letter with a Freedom of Information Act request for all documents, correspondence, e-mails, telephone logs and so on connected with the decision, which he had told Locke was conducted in an "abrupt and irregular manner," and which produced an "arbitrary and capricious decision."

"I think it's absolutely the appropriate position to take. I think it's important that we re-examine the vote taken by council," Lang said Monday evening. "I think that there's enough of a discrepancy regarding the science and certainly the economic impact that it needs to be revisited."

Lang added that his public records request still stands.

The council needs to revamp its entire way of doing business, he said, to keep up with the science and curb interference and disregard for legal requirements. Solving the scallop issue, he said, "is like putting a patch on a badly worn tire."

"We need to change this process."

Read the Standard Times story in full

 

 

 

Bowing to industry and a brace of political pressure from New Bedford City Hall to Congress to the governor's office, the chairman of New England's federal fishery policy-making council yesterday agreed to reopen debate on conservative scallop catch limits whose necessity was disputed.

John Pappalardo announced the decision in a statement released just before 4 p.m. by the New England Fishery Management Council, of which he is chairman.

"I believe this (to be) a constructive means to move forward and preserves the integrity of the fishery management process while creating an important opportunity for public participation and input," Pappalardo said in the release. "I believe this solution satisfies both the council process and the scallop industry."

Council spokeswoman Patricia Fiorelli said Pappalardo would not field any questions, and did not intend to speak to the press.

New Bedford Mayor Scott Lang did, and told the Times he considered the decision "an appropriate way to deal with this crisis."

"But the fact of the matter is the system is broken," he added. "This issue should never have occurred." The initial decision, he said, represented a "breach of trust."

Read the Gloucester Daily Times story in full

 

 

 

After political pressure from Gov. Deval Patrick, the council overseeing the region's fishermen in federal waters will reconsider new restrictions on the scallop fleet.

The controversial issue has its roots in a November vote by the New England Fishery Management Council to cut the days many scallop fishermen can fish from about 37 to 29 and reduce the number of scallop trips into certain areas. The move was done in large part because the fleet caught more scallops than expected in 2008 and 2009 and they were at or approaching the federal definition of overfishing. Conservation was needed to ensure the stock would be robust in the future, according to a rationale released by the council earlier this week. 

Yet the change meant a steep 2010 economic hit to scallopers – a story in the New Bedford Standard Times today says it would be $250,000 to $300,000 per boat, about a quarter of their yearly income. 

Read the Boston Globe story in full

 

 

 

The following statement from New England Fishery Council Chairman John Pappalardo was released by the Council press office.

NEWBURYPORT, MA – New England Fishery Management Council Chairman John Pappalardo issues the following statement concerning Framework Adjustment 21 to the Sea Scallop Fishery Management Plan and the Council’s January 2010 meeting agenda.

“I appreciate the concerns of all the parties who have weighed in on Framework 21 to the Scallop Fishery Management Plan. I have determined that the most appropriate way to address the issues identified by the scallop industry, the state of Massachusetts and elected officials is to have a discussion at the January 26-28 Council meeting in Portsmouth, NH.

Specifically, a review and possible reconsideration of the Framework 21 decision will be held on Wednesday, January 27 at 8:30 a.m. Because of the interactions between the Scallop and Groundfish Management Plans and pending the Council’s decision, Groundfish Framework Adjustment 44 and the allocation of yellowtail flounder to the scallop fleet might also need to be reconsidered at this time.

I believe this is a constructive means to move forward and preserves the integrity of the fishery management process while creating an important opportunity for public participation and input. The revised agenda will allow the entire Council to discuss and vote on this issue. I believe this solution satisfies both the Council process and the scallop industry.”

RESPONSES FROM GOVERNMENT & INDUSTRY from Massachusetts Governor Deval Patrick:  "I thank Chairman John Pappalardo for his sensitivity to the impact a cutback in scallop fishing would have on our fishermen, their families and the region and appreciate his responsiveness to my request that, given these challenging economic times and the complex science considerations involved, the Council reconsider. I greatly respect his and the Council's commitment to sound science and fair regulation in managing our precious fish resource, and look forward to the results of the Council's upcoming discussion."

RESPONSES FROM GOVERNMENT & INDUSTRY from Congressman Barney Frank:  “I was appreciative of today’s announcement by the Chairman of the New England Fishery Management to include a review and possible reconsideration of final measures of Scallop Framework 21 to the Atlantic scallop fishery management plan on its January 26-28 agenda.  I greatly appreciate Governor Patrick’s leadership in working with the Chairman on this critical issue, and I believe a strong scientific case will be made to the full Council that will lead to a reconsideration of their November vote."

RESPONSES FROM GOVERNMENT & INDUSTRY from New Bedford Mayor Scott Lang:  “I want to thank Congressman Frank and Governor Patrick for their intervention and advocacy for New Bedford in this most important fisheries issue. Chairman John Pappalardo has made the correct decision to reopen the Council process. I look forward to the full Council reconsidering Framework 21. I am confident that a careful balance between conservation goals and economic impact will lead to a more appropriate regulation on the scallop fishery. Further, I am sure the yellow tail issue can be resolved in a manner that protects the species without unnecessarily disrupting the scallop industry.”

RESPONSES FROM GOVERNMENT & INDUSTRY from The Fisheries Survival Fund:  The Fisheries Survival Fund "welcomed the announcement by the New England Fishery Management Council to reconsider its decision to restrict fishing opportunities for the Atlantic sea scallop fishery in 2010. FSF applauds Massachusetts Governor Deval Patrick and his administration, as well as Congressman Barney Frank and his congressional colleagues, and New Bedford Mayor Scott Lang, for their leadership and dedication on this issue."  In a formal statement, the group said: “Atlantic sea scallop fishermen and their families congratulate the Council for taking this important step to reconsider its decision to place new restrictions on scallop fishing,” said FSF. “We commend also Governor Patrick’s continued commitment to addressing this critical issue, and we look forward to continuing to work with his Administration, the City of New Bedford and leaders in the U.S. House and Senate, as well as the Council, to resolve this critical matter in a positive, responsible, and timely manner.”

 

 

Regulators won't reconsider the sharp new restrictions they've imposed on the scallop fleet, despite protests from fishermen, public officials and politicians.

The New England Fishery Management Council said this week that it won't revisit the issue, and didn't schedule any discussion at its Jan. 26 meeting.

The cuts include fishing days reductions from 37 to 29 and eliminating one of five trips into areas normally closed to the fleet.

Read the complete story at The Boston Globe.

The council has shown incredible arrogance in ignoring not only the cries of elected leaders but, it seems, the very science it claims to uphold.

Never mind the scientific data. Never mind the protests of some 17 members of Congress and the Commonwealth of Massachusetts, or the anticipated loss of up to $300,000 per scallop boat in 2010.

The New England Fishery Management Council is forging ahead with its new rules anyway, affirming in a written statement Tuesday that it refuses to revisit the decision.

The Standard-Times sought the opinion of the National Oceanic and Atmospheric Administration Fisheries Service, but Maggie Mooney-Seus, a spokeswoman in the Gloucester office, said the agency is in the process of reviewing the rules and declined to comment.

Certainly the SouthCoast community does not want to see scallop stocks depleted. The council, though, seems to be acting more in the interest of exerting authority and less in the interest of all concerned.

It would be different if they had better science on their side. That does not appear to be the case.

Read the complete editorial from The Standard-Times  

Despite a chorus of protest that the process was fatally flawed, there will be no reconsideration by federal regulators of sharp new restrictions on the scallop harvest, the New England Fishery Management Council declared this week.

Instead, the council issued a lengthy press statement defending its November decision to curtail the scallopers, a move that is expected to cost the industry one-quarter of its revenue this year, an estimated $250,000 to $300,000 per scallop fishing boat.

Tuesday was the informal 21-day advance deadline for setting the agenda for the council's three-day meeting that begins Jan. 26, according to Robert Vanasse, executive director of The Project to Save Seafood and Ocean Resources, an advocacy group in Washington, D.C., for the New Bedford fishing community.

But he said the legal deadline is actually 14 days in advance, meaning there is still a window of opportunity that closes next Tuesday.

Read the complete story at The South Coast Today.