Saving Seafood

Commercial fishermen question wind farm video

February 16, 2018 — BOSTON — Offshore wind proponents are touting new undersea footage that suggests a vibrant marine habitat is growing around the nation’s first offshore wind farm — a five-turbine operation off Rhode Island’s waters.

The American Wind Energy Association, an industry trade group, says the roughly two-minute clip it posted on YouTube this week shows the potential for the nation’s fishing industry as larger projects are envisioned up and down the East Coast.

“The turbine foundations are now acting as an artificial reef,” said Nancy Sopko, the wind energy association’s director of offshore wind and federal legislative affairs. “This is a success story that can be replicated all along our coastlines.”

But the video does little to temper the concerns of commercial fishermen, who are worried about navigating dense forests of turbines to get to their historic fishing grounds, says Jim Kendall, a former scallop fisherman in New Bedford, Massachusetts.

“This is nice and fun to see, but it doesn’t tip the conversation,” Seth Rolbein, of the Cape Cod Commercial Fishermen’s Alliance in Chatham, Massachusetts, said of the video.

Offshore wind developers from New England to the Carolinas are racing to build the nation’s first large-scale wind farm. Many of the projects call for hundreds of turbines to be built miles away from shore, sometimes within or along the path to lucrative fishing spots.

The wind energy association video shows beds of mussels taking shape and small fish swimming around the turbine bases. The brief underwater footage is juxtaposed with longer testimonials from local recreational fishermen and charter boat owners who say the Deepwater Wind project has been a boon for them since opened it more than a year ago.

Read the full story from the Associated Press at the New Bedford Standard-Times

 

‘Groundbreaking’ fish protection plan in place in Northeast

January 5, 2018 — The following is excerpted from an article by Doug Fraser of the Cape Cod Times:

After 14 years of research, negotiations, hearings and two additional years of review, New England has a plan that uses science and the latest technology to decide which areas are important for the critical life stages of fish and shellfish species and how to protect them.

John Bullard, the regional director of NOAA’s Greater Atlantic Regional Fisheries Office, informed New England Fishery Management Council Chairman John Quinn in a letter Wednesday that his agency had approved most of their fish habitat protection plan.

“It was a massive undertaking and your staff, especially Michelle Bachman, should be proud of their groundbreaking work that went into supporting this amendment,” Bullard wrote in the letter. The council staff, along with researchers from the National Marine Fisheries Service, state fisheries agencies, and universities, especially the University of Massachusetts Dartmouth’s School for Marine Science and Technology, put together models that incorporated photographic and other surveys of the ocean bottom with known areas of fish concentration and other research on spawning and other life stages, that helped the council evaluate what should be protected and how.

“The fact that it dragged on so long, people miss how groundbreaking this really is,” said Tom Nies, the New England council’s executive director. Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating, Nies said. Now, with a model that compares the sea bed with the impact of fishing, they can make decisions he feels will have greater significance to restoring and protecting fish stocks. Plus, the habitat plan also set aside research areas to investigate the link between habitat and fish productivity, a piece of the puzzle that has seen relatively little conclusive research.

“If you compare where we are with this amendment in terms of how they were developed and analyzed versus the original habitat areas in 2002 and 2003, we are light years ahead of where we were then,” Nies said.

Scallopers from both the big boat and small boat fleets, which are often at odds, traveled to Washington in October to lobby [U.S. Rep. William] Keating and other congressmen on getting NMFS to finish its review of the habitat plan and open the area up to scalloping before that population died off. Their message was that allowing them into scallop-rich, nonessential fish habitat meant they spent far less time towing their heavy dredges through areas fish do use.

“From our perspective, it’s really heartening that they heard our concerns,” said Seth Rolbein, director of the Cape Cod Fisheries Trust, speaking for the Cape Cod Commercial Fishermen’s Alliance.

David Frulla, an attorney and lobbyist representing limited access scallop vessels, and Fisheries Survival Fund attorney Andrew Minkiewicz agreed the council and NOAA made the right decision in closing the Great South Channel and opening the scallop grounds in what is known as Closed Area I. But they felt that there was just as much evidence to open up a portion of a second closed area on Georges Bank over 100 miles east of the Cape that had historically produced as much as 50 million pounds of harvested scallops. Bullard said more information would be needed for his agency to do that right now.

“There are only so many highly productive scallop beds, and this is one of them,” Minkiewicz said. Frulla admitted that the bottom there is more complex and may be harder to determine its value to fish, but Minkiewicz said adding another prime scallop area keeps scallopers away from the bottom where fish do congregate.

Assistant Regional Administrator Michael Pentony told Quinn in an email that his agency expected to publish the final rule containing the regulations to implement the plan this spring.

Read the full story at the Cape Cod Times

 

Magnuson-Stevens reauthorization bill advances in US House

December 14, 2017 — By a 22-16 vote on Wednesday, the US House of Representatives’ Committee on Natural Resources advanced HR 200, the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, legislation introduced by representative Donald Young, an Alaska Republican.

The bill was one of 15 scheduled for markup Tuesday and Wednesday by the panel.

With just days to go before Congress breaks for the holidays, the bill to reauthorize the Magnuson-Stevens Act so far has not received much attention in the Senate. Chances are strong that the debate over the measure will continue well into 2018.

However, that didn’t stop the ocean conservation group Oceana from responding, issuing a statement that warned HR 200 “would weaken science-based conservation of U.S. fish populations and increase the risk of overfishing by removing annual catch limits for many species”.

Oceana campaign director Lora Snyder called the vote “a slap in the face to anyone who cares about ensuring the health of our nation’s fisheries, instead jeopardizing decades of progress in ocean conservation. … [It]  would roll back decades of progress, leading us back down the path to oceans empty of fish and fishermen losing their livelihoods.”

Read the full story at Undercurrent News

 

Public gets say on changes to herring rules

December 12, 2017 — Cape Cod’s small boat fishermen, both commercial and recreational, have been asking for protection from a fleet of large herring trawlers for more than a decade.

They may get an answer to their plea as early as June, when the New England Fishery Management Council will likely vote on whether to create buffer zones that prohibit fishing close to shore by these large vessels for part or all of the year.

The council’s potential actions are focused on midwater trawlers which tow large nets, sometimes between pairs of vessels, targeting huge schools of herring swimming midway between the bottom and surface. Back in 2007, the council prohibited midwater trawlers from fishing during the summer months along the coast north of Provincetown to Canada. But they allowed them to come within three miles of the Cape and states to the south.

Herring are considered a forage species, a vital link between the massive food source contained in the plankton they eat, and the protein needed by important commercial species like striped bass, cod and bluefin tuna that prey on them. But Cape and other East Coast fishermen have argued that the massive nets and large vessels used by the herring fleet are so efficient that cod, tuna and other species, with no herring to eat, do not come close enough to shore for the smaller vessels of the inshore fleet.

“Our guys are not fishing the way they did 12 years ago around the Cape because those fish aren’t there because the bait isn’t there,” said John Pappalardo, executive director of the Cape Cod Commercial Fishermen’s Alliance and a member of the fishery council. “We live in a migratory corridor here. We depend on the bait to be there.”

Read the full story at the Cape Cod Times

 

Massachusetts: Cape and Islands Lawmakers Join Fight to Protect Offshore Herring

November 27, 2017 — CHATHAM, Mass. — The Cape Cod Commercial Fishermen’s Alliance is receiving support from the Cape and Islands legislative delegation in protecting offshore herring for local fishermen.

Earlier this month, the lawmakers called on the New England Fishery Management Council to create a buffer zone off the coast of the Cape and Islands from large-scale mid-water herring trawlers.

Current regulations allow the trawlers to fish three miles offshore from Provincetown past the Islands.

“The delegation has taken up a position that we staked out at the Fishermen’s Alliance years ago that we need a buffer zone,” said John Pappalardo, the alliance CEO.

“In other words, a zone off the Cape and Islands where these vessels cannot come in and intensively harvest sea herring.”

The alliance would like a 50 mile buffer zone.

Read the full story at CapeCod.com

 

Cape fishermen reap benefits of monitoring program

November 13, 2017 — CAPE COD, Mass. — With fleets on the West Coast and in Alaska, members of the East Coast swordfishing and herring fleets and 20 New England groundfishermen all using cameras to record their fishing, the technology is gaining ground as a fisheries management tool, including off Cape Cod.

This year, Cape fishermen — pioneers of the movement in New England — working with the Cape Cod Commercial Fishermen’s Alliance, along with members of the Maine Coast Fishermen’s Association, are set to reap some unexpected benefits for their willingness to play guinea pig: greater access to Atlantic bluefin tuna, one of the most valuable fish in the sea.

This was the second year the fishing activity of Mike Russo and his crew was recorded by cameras as voluntary participants in a program to replace costly human fishery observers. Instead of occasionally carrying an observer — at-sea-monitors are only required on 16 percent of all groundfish trips — Russo and other local fishermen volunteered for electronic monitoring on 100 percent of their trips.

“It’s proving that we are responsible stewards of the ocean, that we are fishing in a responsible way within the laws set out for us,” said Nick Muto, who fishes out of Harwich and Chatham and carries three of the cameras on his vessel.

A 2016 report by The Nature Conservancy showed that in 2015, 92 percent of videos were good enough for technicians to get catch and discard data and weight and length estimates, up from 23 percent in 2013, as crews and researchers learned to work with the system. Christopher McGuire, marine program manager for the conservancy, expects the development of video recognition software that will automate data gathering is imminent and will greatly reduce the cost of electronic monitoring.

Read the full story at Cape Cod Times

Constitutionality of seizing Carlos Rafael’s permits in question

September 27, 2017 — BOSTON –Judge William Young decided half of Carlos Rafael’s fate on Monday: The New Bedford fishing mogul was sentenced to 46-months in prison with three years supervised release and a $200,000 fine.

The other half, which Young continues to take under advisement, involves the 65-year-old’s 13 groundfish vessels and permits.

In court Monday, Young repeatedly questioned the constitutionality of the forfeiture, citing the excessive fines clause in the Eighth Amendment.

Young said courts with higher authority have heard and decided that fines exceeding four-times the maximum guideline are unconstitutional.

Regardless of how many permits Young orders to be forfeited, he made it clear he has no authority to decide what’s done with them.

NOAA’s guidelines call for the permits to be redistributed throughout the Northeast, which is why for months organizations and politicians have publicly called for redistribution or a deal that would remove Rafael from the industry. Many arguments focused on all 13, without consideration of a partial forfeiture.

Argument against redistribution

Allyson Jordan actually contributed to a portion of Rafael’s groundfish permits.

She sold two boats and four groundfish permits. Jordan said Maine’s fishermen had no interest in the permits until Rafael entered the picture.

“He bought permits and boats to make his business survive,” Jordan said. “I don’t believe they should be given back to the state of Maine. The state of Maine did nothing to help my industry, not to mention my business.”

“Everyone is coming out of the woodworks now,” Jordan said. “To be honest, they could have bought the permits.”

Support of redistribution

The Cape Cod Commercial Fishermen’s Alliance, which also manages the Cape Cod Fishermen’s Trust, also contributed to Rafael’s enterprise, but argued for redistribution of the permits as well as better monitoring.

According to Seth Rolbein, the director of the Cape Cod Fisheries Trust, Rafael acquired more nearly a million pounds of quota from the Trust.

From 2011 through 2015, the Trust leased 992,646 pounds of quota. The Trust has no records from 2010 and didn’t lease any to Sector IX after the U.S. Attorney released the indictment, tying Rafael to falsely labeling fish quotas.

“Our priority is to service our fishermen and our community,” Rolbein said. “If there are fish stock that our community is not using that we can not lease out at our subsidized rate to our own fishermen, we then will lease out to other sectors. The trust will lease fish to other sectors. But we will only do that once we’re satisfied that our own fishermen can’t use or don’t have use for that quota.”

What’s next?

The defense revealed Monday that Richard and Ray Canastra, of Whaling City Seafood Display Auction, have entered a Memorandum of Agreement to purchase Rafael’s entire fleet. Neither the U.S. Attorney nor NOAA have taken a final position on the sale.

Read the full story at the New Bedford Standard-Times

What’s next for Carlos Rafael?

July 31, 2017 — The “Codfather” quashed any hopes for high courtroom drama when he pleaded guilty in March to falsifying fish quotas, false labeling of fish species, conspiracy and tax evasion, 28 counts in all.

The real action is behind the scenes, as federal and defense attorneys wrestle over the fate of New Bedford fishing mogul Carlos Rafael’s fishing empire, said to be one of the largest groundfish fleets in the nation.

It’s something Cape fishermen, and fishermen all over New England, are debating and watching closely.

“I’ve said before, there is no place in fishing for Mr. Rafael. If that’s part of the global solution (the larger deal being worked out between NOAA and Rafael’s attorneys) every fisherman I’ve spoken to up and down the coast feels that’s a good outcome,” said John Pappalardo, chief executive officer of the Cape Cod Commercial Fishermen’s Alliance and a member and former chairman of the New England Fishery Management Council. Many fishermen want the courts and the National Oceanic and Atmospheric Administration to make an example of Rafael and send a message that illegal fishing practices won’t be tolerated.

They are also interested in what happens to the money collected in fines and forfeitures and the fate of the many fishery permits and quota controlled by Rafael.

Read the full story at the Cape Cod Times

NOAA Requests Comment on a Change to Bluefin Regulations

July 24, 2017 — CAPE COD, Mass. — NOAA is seeking public comment regarding a request from the Cape Cod Commercial Fishermen’s Alliance for an exemption from a regulation that prohibits having unauthorized gear on board while fishing for, retaining, or possessing a bluefin tuna.

In their application, the Alliance suggest that the use of electronic monitoring, already required by federal fishing authorities is a sufficient at-sea monitoring to verify that the catch of bluefin tuna occurred on authorized gear.

The regulation was designed to allow enforcement to not only verify that only the authorized gear type was used to catch the bluefin tuna, but also serves as an effort control for bluefin tuna as it limits the number of vessels that can actively pursue bluefin tuna to those with only authorized gear.

Read the full story at CapeCod.com

MASSACHUSETTS: Local Fishermen Applaud New NOAA Fisheries Administrator Appointment

July 14, 2017 — The National Oceanic and Atmospheric Administration (NOAA) recently announced a new assistant administrator for fisheries. The fishing community, including here on the Cape, largely applauded the nomination of Chris Oliver, who comes from the Alaska fishery.

WCAI’s Kathryn Eident talked with Cape Cod C0mmercial Fishermen’s Alliance CEO John Pappalardo to learn more about the appointment.

Read and listen to the full story at WCAI