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Federal judge orders more briefs in Goethel lawsuit

June 14, 2016 — The final judgment in New Hampshire fisherman David Goethel’s federal lawsuit over at-sea monitoring will be further delayed after the judge in the case requested additional briefs from both sides.

“In consideration of the parties’ cross motions for summary judgment and conducting the attending legal research, the court has identified points, authorities and (to some extent) arguments that were unfortunately not cited or raised by the parties’ legal memoranda,” U.S. District Court Judge Joseph N. Laplante wrote in his procedural order.

Prior to ordering the new briefs, Laplante, who sits in U.S. District Court in Concord, New Hampshire, held a June 9 conference call with attorneys to discuss “whether, and the extent to which, any delay caused by additional briefing would increase, extend or intensify any claimed economic hardship” from the federal mandate shifting the costs of at-sea monitoring to the industry.

“Counsel assured the court that neither party had objections or reservations in this regard with respect to additional briefing,” Laplante wrote in the order issued June 10. “The court therefore orders counsel to supplement their arguments in support of their summary judgment motions.”

Read the full story at the Gloucester Daily Times

MASSACHUSETTS: South Shore ground fishermen skeptical of plan to use digital cameras for monitoring mandate

June 9, 2016 — A program to get New England fishermen using video technology instead of human monitors to track their adherence to catch limits and document fish discarded from boats is getting mixed reviews in South Shore fishing ports.

Longtime commercial fishermen from Marshfield and Scituate said the project to equip some groundfishing boats with digital cameras comes with numerous pitfalls, including cost burdens and concerns about how video footage would be used.

Beginning this week, up to 20 groundfishermen from the Maine and Cape Cod will use three to four cameras to document fish handling on their vessels. At the end of each fishing trip, boat captains will send hard drives to third-party reviewers, who will view the footage and determine how much fish was discarded.

The Nature Conservancy is overseeing the project and hailed it Tuesday as a “new era in fisheries monitoring” that would be less costly than the current federal mandate, which requires having human monitors aboard boats on a percentage of fishing trips – at a cost to the fishermen of more than $700 a day.

Last December, South Shore fishermen threw their support behind a lawsuit filed by the nonprofit Cause of Action on behalf of Northeast Fishery Sector 13, which represents fishermen from Massachusetts and New Hampshire down to North Carolina. The federal lawsuit challenges the legality of the federal mandate and came in the aftermath of news that government funding to cover the cost of monitors was running out.

Christopher McGuire, The Nature Conservancy’s marine program director, said his group has begun working with National Marine Fisheries Service personnel in hopes of winning approval for the video-monitoring program.

If video monitoring can deliver verifiable data at an affordable cost, McGuire expects federal approval to come within two years.

South Shore fisherman Ed Barrett questioned whether there would be any cost savings, saying the camera equipment would cost thousands of dollars.

“Then someone has to sit in a cubicle and watch the video,” said Barrett, who lives in Marshfield. “ In a multi-species complex like we have in New England, it’s impossible for the video to pick out which fish are being discarded.”

Read the full story at the Patriot Ledger

 

Fishermen from Maine to Cape start monitoring landings by camera

June 3, 2016 — A program to get New England fishermen using video technology instead of human monitors to track their adherence to catch limits and document fish discarded from boats is getting mixed reviews in South Shore fishing ports.

Longtime commercial fishermen from Marshfield and Scituate said the project to equip some groundfishing boats with digital cameras comes with numerous pitfalls, including cost burdens and concerns about how video footage would be used.

Beginning this week, up to 20 groundfishermen from the Maine and Cape Cod will use three to four cameras to document fish handling on their vessels. At the end of each fishing trip, boat captains send hard drives to third party reviewers who view the footage and count the amount of fish that was discarded.

The Nature Conservancy is overseeing the project and hailed it Tuesday as a ‘‘new era in fisheries monitoring” that would be less costly than the current federal mandate that requires a percentage of fishing trips to carry at-sea monitors on their vessels at a cost of more than $700 a day.

Last December South Shore fishermen threw their support behind a lawsuit filed by the non-profit Cause of Action on behalf of Northeast Fishery Sector 13, which represents fishermen from Massachusetts and New Hampshire down to North Carolina. The federal lawsuit challenges the legality of the federal mandate and came in the aftermath of news that government funding to cover the cost of monitors was running out.

Read the full story at the New Bedford Standard-Times

Federal Legislators Tour New Bedford Fisheries, Discuss At-Sea Monitoring

Bishop 5

Rep. Bill Keating (left) and Rep. Rob Bishop (right) discuss at-sea monitoring in a visit to New Bedford on Thursday, June 2. (Photo: House Natural Resources Committee)

June 3, 2016 — The following is excerpted from a story published yesterday by WBSM:

The City of New Bedford welcomed a possible congressional ally for the fishing industry Thursday to tour fisheries along the harbor.

Congressman Rob Bishop (R-UT) took a tour of the Whaling City Seafood Auction and seafood processing plant Northern Wind along with Congressman Bill Keating (D-MA), New Bedford Mayor Jon Mitchell and representatives of the local seafood industry.

Elected officials and members of the fishing industry have expressed grave concern over the federally mandated costs by NOAA for at-sea monitors aboard select fishing vessels across the east coast.

Keating said it’s difficult for legislators outside maritime districts to fully understand the impact of the at-sea monitoring costs.

“It creates a greater challenge to get the understanding why this is so important,” said Keating. “The cost of monitoring $800 a day could be enough to be the difference between success and failure of a small business.”

Read the full story at WBSM

STATE HOUSE NEWS: Fishing fleets turning to technology to meet monitoring mandate

June 1, 2016 — New England fishermen are starting to use digital cameras to document groundfish discards and prove they are fishing within established quotas, turning to technology for a method that may prove more cost effective than hiring human monitors.

With support from the Gulf of Maine Research Institute, The Nature Conservancy is overseeing a new project, which launches on Wednesday, June 1 and is being hailed as a “new era in fisheries monitoring.”

Up to 20 groundfishermen from the Maine Coast Community Sector and Cape Cod’s Fixed Gear Sector will use three to four cameras to capture fish handling activity on the decks of their vessels. After completing their trips, crews will send hard drives to third party reviewers who watch the footage and quantify the amount of discarded fish.

“Electronic monitoring is the only realistic solution for the small-boat fishery,” Eric Hesse, captain of the Tenacious II, of West Barnstable, said in a statement. “Even if some fishermen have managed to scrape together enough daily revenue to cover the cost of human observers, it won’t take much to undo that balance.”

In December 2015, the non-profit Cause of Action announced a federal lawsuit challenging the legality of the federal mandate requiring them to carry at-sea monitors on their vessels during fishing trips and to soon begin paying the cost of hosting the federal enforcement contractors. The suit was filed by Northeast Fishery Sector 13, which represents fishermen from Massachusetts to North Carolina. Cause of Action estimates the cost of human monitors at $710 per day.

Read the full story at Wicked Local

MASSACHUSETTS: South Shore ground fishermen skeptical of plan to use digital cameras for monitoring mandate

June 1, 2016 — A program to get New England fishermen using video technology instead of human monitors to track their adherence to catch limits and document fish discarded from boats is getting mixed reviews in South Shore fishing ports.

Longtime commercial fishermen from Marshfield and Scituate said the project to equip some groundfishing boats with digital cameras comes with numerous pitfalls, including cost burdens and concerns about how video footage would be used.

Beginning this week, up to 20 groundfishermen from the Maine and Cape Cod will use three to four cameras to document fish handling on their vessels. At the end of each fishing trip, boat captains will send hard drives to third-party reviewers, who will view the footage and determine how much fish was discarded.

The Nature Conservancy is overseeing the project and hailed it Tuesday as a “new era in fisheries monitoring” that would be less costly than the current federal mandate, which requires having human monitors aboard boats on a percentage of fishing trips – at a cost to the fishermen of more than $700 a day.

Last December, South Shore fishermen threw their support behind a lawsuit filed by the nonprofit Cause of Action on behalf of Northeast Fishery Sector 13, which represents fishermen from Massachusetts and New Hampshire down to North Carolina. The federal lawsuit challenges the legality of the federal mandate and came in the aftermath of news that government funding to cover the cost of monitors was running out.

Read the full story at Wicked Local

NOAA recovers $450K scallop survey camera lost underwater last week

May 31, 2016 — NEW BEDFORD, Mass. — Scientists and crew members aboard a NOAA-chartered research vessel have recovered a $450,000 scallop survey camera that was lost a week ago when it apparently snagged on an underwater shipwreck southeast of Delaware Bay, a NOAA spokesperson said.

“We are pleased, relieved, and preparing to move forward with our (scallop) survey for this year,” Susan Gardner, acting deputy director of NOAA Fisheries’ Northeast Fisheries Science Center, said in a press release.

The Science Center owns the instrument, a habitat mapping camera known as a “HabCam.”

The camera appears to have only “minimal damage” on its exterior and is being tested by scientists, NOAA said.

Government surveys affect future catch limits for scallops, which is the highest-value species, by far, in New Bedford’s $330 million fishing industry.

Teri Frady, spokesperson for the National Oceanic and Atmospheric Administration (NOAA), said scientists aboard the Hugh R. Sharp research vessel were conducting scallop surveys about 75 miles southeast of Delaware Bay, which separates New Jersey from Delaware, when the HabCam “separated from the tow cable and the vessel” in about 80 meters of water May 20.

Read the full story at the New Bedford Standard-Times

Video equipment installed on Cape fishing boats

May 31, 2016 — On the Dawn T, commercial fisherman Nick Muto inked “Big Brother” next to a switch that turns on a sophisticated video system that will record everything on deck from the time he leaves the dock to his return.

Between 10 and 20 fishermen from Rhode Island to Maine on Wednesday will flip the switch and turn on the cameras. Three Cape fishermen have had the equipment installed on their vessels, and three more are scheduled to be outfitted.

“We all need to take ownership of what we are doing,” Muto said. “If we want to see a future in fishing, we need more accurate information.

While there have already been pilot programs to evaluate video monitoring, this is the first time, under what is known as an Exempted Fishing Permit, that the information gathered by video will be incorporated into the management process. The fishermen, Muto included, volunteered for the program.

Read the full story at the Cape Cod Times

Cameras to be Used for Monitoring On Some New England Groundfish Vessels

May 27, 2016 — HARWICH, Mass.– A commercial fishing association says a group of fishermen from Massachusetts and Maine will use digital cameras instead of human monitors to collect data during trips at sea.

Cape Cod Commercial Fishermen’s Alliance says up to 20 fishermen who catch groundfish such as cod and flounder will use the cameras in a first-time program.

The fishermen are required to bring monitors on some fishing trips. Many fishermen say the cost of human monitors is prohibitive.

Read the full story from the Associated Press at the Bristol Herald Courier

No ruling yet in at-sea monitoring lawsuit

May 17, 2016 — There still has been no decision in the federal lawsuit brought by New Hampshire fisherman David Goethel and his Northeast Fishing Sector 13 to bar NOAA Fisheries from making permit holders pay for at-sea monitoring.

The last significant acts of the case, which was filed Dec. 9 in U.S. District Court in Concord, New Hampshire, occurred in early March, when both sides filed motions for summary judgment with U.S. District Court Judge Joseph Laplante.

Laplante took those motions for summary judgment under advisement. Then, except for a few incidents of legal housekeeping, there has been nothing but judicial silence.

Neither side in the dispute agreed to speak on the record Monday regarding the extensive delay or what it could mean to the case’s ultimate outcome.

“We believe that the hearing went well,” Alfred Lechner Jr., president and chief executive officer of Cause of Action Institute — which is providing legal guidance to Goethel in the case — said in a statement. “Our clients were provided the opportunity to tell their story and outline how these regulations impact their business and are making it difficult for fishermen in New England to earn a living. The judge listened to what they had to say.”

Read the full story at the Gloucester Times

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