Saving Seafood

Civil penalities from NOAA could be next for Carlos Rafael

October 13, 2017 — NEW BEDFORD, Mass. — Judge William Young’s judgment filed Wednesday appeared to be the finish line to Carlos Rafael’s case. Young, though, by ordering the forfeiture of four vessels and every permit associated with the Bull Dog, the Olivia and Rafaela, the Lady Patricia and the Southern Crusader II began a new ripple effect throughout the commercial fishing industry revealing some questions but very little answers.

It’s likely NOAA will take center stage now that the Department of Justice has closed its case. NOAA can bring civil penalties to Rafael.

The Environmental Defense Fund released a statement after Young’s ruling calling for NOAA to “pursue civil remedies to further aid the victims of Carlos Rafael’s crimes.”

They can range from fines to indefinite bans within commercial fishing.

NOAA issued indefinite bans to James G. Spalt and Peter Spalt, former Cape Cod scallopers, in 1996 to go with a more than $4 million fine. More than 20 years later, they remain outside the industry with no way to return.

The allegations levied toward the Spalt brothers included some of the same offenses Rafael pleaded guilty to, but also expanded beyond falsifying fishing quotas.

Read the full story at the New Bedford Standard-Times

Plot by Dept. of Commerce and Congressional Leaders to Gut Magnuson Revealed in Red Snapper Memos

October 12, 2017 — SEAFOOD NEWS — Internal memos between Earl Comstock, Director of the Office of Policy and Strategic Planning, and Secretary of Commerce Wilbur Ross show that both men intentionally violated the Magnuson-Stevens Act to allow sports fishermen in the Gulf of Mexico a summer of weekend openers for red snapper.

As a result of the decision, the quota for red snapper was exceeded by an estimated 50 percent. Prior to the decision, red snapper stocks in the Gulf were halfway through a successful rebuilding program. The damage done to the stocks will be assessed this year and likely would result in further cuts to all sectors — recreational, commercial, and charter — next year.

But the insistence to break the law had more nefarious motives than simply to give recreational fishermen more red snapper.

The memos, released as part of a lawsuit against the Department of Commerce by Ocean Conservancy and the Environmental Defense Fund, show that the disaster caused by the decision would “…put the ball squarely in the court of Congress,” wrote Comstock to Ross in a June 7, 2017 memo.

“Congress  would need to act to prevent reduced catch limits for all fishing sectors next year. This problem will not be able to be addressed through the fishery management system without a change of law,” Comstock said.

“The Congressional representatives know this, and are looking to DoC [Department of Commerce] for leadership. By resetting the debate and building a strong partnerhsip with the State fishery managers … we can provide the leadership Congress is asking of us,” Comstock wrote to Ross.

Ocean Conservancy called this “playing a game of chicken with Congress. They have manufactured a crisis in the fishery by allowing so much overfishing that now everyone could get hurt next year.”

The reauthorization of the Magnuson-Stevens Act is poised to happen in 2018. Already there are half a dozen bills aimed at making changes to MSA, which is the foundation for the nation’s sustainably managed fisheries resources. Comstock’s agenda, as outlined in the memos to Secretary Ross, implies that to respond to the overfishing that will occur on red snapper as a result of the decision, an MSA reauthorization favoring recreational interests would be more likely.

Red snapper was just coming up to its halfway mark of a 27-year rebuilding plan, having been reduced to just 3 percent of historic levels by decades of overfishing.

Stocks were showing a strong recovery under the plan until large overages from the recreational sector resulted in lowering catch levels by 20% in 2014.

Catch rates in the recreational sector are two to three times higher than they were a decade ago, when the rebuilding plan began.

The five states bordering the Gulf of Mexico were estimated to catch 81% of the available quota, before Commerce’s decision to extend their sports fisheries. The estimate of what was taken now is three times the sustainable limit.

It isn’t as though Comstock, who has worked on other recreational issues within the Council system before, including the North Pacific Fisheries Management Council in Alaska, doesn’t know any better.

In a May 2, 2017 testimony to the House Oversight & Government Report Subcommittee, Comstock explained that “NMFS, as required by the Magnuson-Stevens Act, must set an annual catch quota for the red snapper fishery that does not exceed the level specified by the Gulf Council’s scientific advisors, and must prohibit fishing when the quota is reached.”

His memos to his boss five weeks later encourage a complete reversal of that principle, with little regard for the law.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

Louisiana gets involved in federal red snapper lawsuit

October 2, 2017 — A federal court has ruled that the US state of Louisiana can intervene in a lawsuit on the federal government’s behalf as environmental groups seek the scrapping of a rule benefitting recreational red snapper fishers.

Two advocacy groups — New York City’s Environmental Defense Fund (EDF) and Washington D.C.’s Ocean Conservancy — had sued the federal government in August alleging that the way the National Oceanic Atmospheric Administration (NOAA) managed the red snapper fishery violated federal law.

The challenge, the fourth of its kind in recent years, argued that a NOAA temporary rule extending chronically short recreational red snapper seasons for recreational fishers  — from three days to 42 — violated the fishery’s management plan.

The suit wants the temporary rule set aside as the action could greatly diminish red snapper populations, the groups claim.

Read the full story at Undercurrent News

Jim Kendall: Plenty of guilt to go around on Carlos Rafael

September 18, 2017 — OK, OK, I get it! Carlos Rafael, aka, “The Codfather,” has done some pretty reprehensible things while amassing what seemingly is the largest percentage of ownership of the US multispecies groundfish fleet.

I am not going to try to defend his actions, or his reasoning, but I would like to point out that there is plenty of guilt to go around and some people should not be so quick to point their finger at him alone. What is it that they say about casting the first stone?

Apparently, among his sins is his aforementioned ownership of the largest fleet of multi-species groundfish vessels, as well as some scallop vessels. While this may be true, let us ponder what enabled, abetted, and allowed him to gain such an advantage over everyone else. At this point, he wasn’t breaking the law, he was only taking advantage of it, and of those who most fervently wanted it!

It should be remembered, that the Environmental Defense Fund (EDF), as well as the Conservation Law Foundation (CLF), were several of the earliest, most emphatic, and dedicated supporters for the development, adoption, and implementation of the “Catch Share” program.

Read the full opinion piece at the New Bedford Standard-Times

Robert Jones: Red snapper anglers need real and lasting change

August 22, 2017 — The way recreational anglers’ share of Gulf red snapper is converted into fixed seasons clearly isn’t working and I believe we can do better! However, I think we can all agree that setting science-based catch limits have helped bring red snapper back from the brink, and now is not the time to abandon them.

The recovery of red snapper over the last decade has been amazing to see. I can remember fishing with my dad as a kid off the coast of Texas and we could barely find red snapper. Today you can go to just about any marina and see sizeable red snapper being unloaded with big smiles all around.

The fact is, as the population is rebounding, catch limits for recreational fishermen have more than doubled. The total for the fishery is 14 million pounds this year, split roughly in half between recreational and commercial fishing, with sub-quotas between charter operators and individual anglers. Better management regimes in the commercial and charter industries are keeping both groups within their sustainable limits.

So if the quota has more than doubled in the last decade and other fishing industries aren’t exceeding their limits, why are we facing frustratingly short federal seasons?

Read the full opinion piece at Houma Today

NMFS Institutes More Swordfish Research Off Florida, Praised by EDF

August 16, 2017 — SEAFOOD NEWS — Dr. David Kerstetter of Nova Southeastern University will receive an exempted fishing permit (EFP) from the National Marine Fisheries Service (NMFS) to conduct research in the East Florida Coast Pelagic Longline Closed Area. Dr. Kerstetter will be working alongside Atlantic swordfish fishermen in an effort to “improve understanding of encounter rates of juvenile swordfish and species like sharks, bullfishes and sea turtles in order to find the best ways to reduce their mortality.”

According to Katie Westfall, senior manager of highly migratory species advocacy for EDF’s Oceans Program, fishermen have already made sacrifices to help the Atlantic swordfish population rebound. However, this project will help by collecting data from fisheries that “interact with imperiled highly migratory species.”

“The project will also pioneer an approach to link catch data with oceanographic data, allowing researchers to learn over time where and when species will occur in order to help fishermen avoid bycatch of sharks, billfishes, and sea turtles,” Westfall added. “This has the potential to be transformative by dramatically minimizing unnecessary deaths of protected species while improving the catch of healthy target species like swordfish.”

Westfall is hopeful that the research will help “pave the way to responsibly increasing yield in domestic fisheries and strengthening revenues for American seafood businesses.”

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

Save the snappers? Environmental groups calling for shorter fishing season

July 27, 2017 — DESTIN, Fla. — A lawsuit filed in Washington D.C. wants to kill or significantly reduce next year’s recreational red snapper season before it starts.

The suit was filed on behalf of the Environmental Defense Fund and could benefit commercial fishermen. They say the suit will save the snapper for future generations of fishermen.

The Environmental Defense Fund wants to do away the extra days the federal government gave to recreational fishermen this year by removing them from next year’s season.

Parker Destin has lived in the city named after his family most of his life.

He supports the lawsuit; as well as more regulations on recreational red snapper fishermen.

“If we do not get it right, well we won’t have red snapper in the future and that’s not good for anybody including the small angler, who comes down here and wants to access it,” Destin said.

Read and watch the full story at WEAR-TV

Ocean Conservancy sues over red snapper

July 18, 2017 — The Ocean Conservancy and Environmental Defense Fund filed a lawsuit on Monday suing the Department of Commerce for its decision to lengthen the federal red snapper season for recreational anglers from three days to 42. Environmentalists with the groups feel the change “sanctioned overfishing,” putting the rebuilding of the historically overfished red snapper fishery at risk, and violated the Magnuson Stevens Fishery Conservation and Management Act (MSA).

“We’ve made great progress but we’re only about halfway through the rebuilding plan. You don’t stop taking antibiotics halfway through a prescription,” Chris Dorsett, vice president of conservation policy and programs, said in a press release.

The lawsuit, he said, is about protecting the longevity of the red snapper fishery.

The groups are arguing the mid-season change — which was advocated for by local elected officials — violated the MSA, which requires fishery managers to create and enforce annual catch limits that prevent overfishing. If the catch limit is exceeded, the excess catch is taken out of the allocated catch for the following year.

Red snapper is halfway through a 27-year rebuilding plan. Local fishermen report that it’s working, saying they are catching more and larger red snapper, which is why many found the three-day federal season insulting.

The result, though, is fish are being caught faster and the majority are actually being caught in state-managed waters, which was why the federal season was initially so conservative. When the Department of Commerce lengthened the season, they required the states to give up fishing days as part of the compromise.

Read the full story at the Panama City News Herald

Trump versus EDF in battle over Gulf red snapper season reopening

July 18, 2017 — A month after the administration of U.S. President Donald Trump reopened the red snapper fishing season in the Gulf of Mexico for 39 days, two environmental nonprofits have challenged the decision by filing a lawsuit.

A 14 June agreement struck between The U.S. Department of Commerce and the five U.S. states on the Gulf of Mexico aligned the 2017 federal and states red snapper season for recreational anglers, opening federal waters to private anglers for an additional 39 weekend days and holidays. The agreement made no change to the quota or season length for the charter or commercial sectors of the fishery.

On Monday, 17 July, the Environmental Defense Fund and the Ocean Conservancy filed suit in the U.S. District Court in Washington D.C., arguing the decision was made without scientific analysis and puts into jeopardy the ongoing recovery of the red snapper population in the Gulf, in violation of the Magnuson-Stevens Act and the National Environmental Policy Act. The lawsuit also complains the season was extended without adequate notice or time for public comment, claiming that violates the Administrative Procedure Act.

“In order to prevent overfishing and allow the Gulf of Mexico red snapper population to rebuilt, the Magnuson Stevens Fishery Conservation and Management Act requires the Fisheries Service to comply with the annual catch limit and accountability measures established in the fishery management plan for the red snapper fishery,” the suit states. “Yet, in the temporary rule, the Fisheries Service has extended the fishing season of red snapper for private anglers in a manner that conflicts with the FMP and implementing regulations.”

In a statement emailed to SeafoodSource, EDF said publicly available data and conservative assumptions show the extended season will result in private anglers catching three times their science-based limit in 2017. However, the lawsuit does not seek changes to the length of the 2017 fishing season, but rather, it aims to prohibit the Commerce Department from taking similar actions in the future.

In its federal notice reopening the red snapper season, the Commerce Department acknowledged the additional fishing days “will necessarily mean that the private recreational sector will substantially exceed its annual catch limit,” resulting in a  delay of the goal year for rebuilding the red snapper fishery from 2032 to 2038. In 17 of the past 22 years, the recreational sector has exceeded its annual catch limit for red snapper, resulting in shorter federal seasons as one year’s overages are subtracted from the next year’s quota. However, Gulf states have responded by lengthening their own red snapper seasons, resulting in a patchwork of regulations that scientific and environmental groups assert impedes recovery of the species.

Read the full story at Seafood Source

2 groups sue feds for extending anglers’ red snapper season

July 17, 2017 — Two environmental groups are suing the Trump administration for stretching the red snapper season for recreational anglers in the Gulf of Mexico.

Changes are needed — “The way we’re managing red snapper today stinks,” with states setting widely different anglers’ seasons in their waters and federal seasons getting shorter and shorter, Robert Jones of the Environmental Defense Fund said Monday.

But, he said, “I don’t want to return to the bad old days when my dad and I could barely find a red snapper.”

Jones and Chris Dorsett of the Ocean Conservancy, said during a conference call with reporters Monday that both groups want their lawsuit to prompt discussions about improvements.

The U.S. Commerce Department did not immediately comment. It has said the economic benefit from allowing weekend fishing this summer by recreational anglers in federal waters outweighs the harm to the red snapper species, which is still recovering from disastrous overfishing.

Gulf state officials had lobbied for and praised the change, but the federal lawsuit filed in Washington says the decision violated several laws by ignoring scientific assessments, promoting overfishing, and failing to follow required procedures.

The prized sport and table fish has rebounded under fishing limits and procedures set by the Gulf of Mexico Fishery Management Council, but is only halfway to its goal, Dorsett and Jones told The Associated Press earlier. The lawsuit isn’t trying to cancel the current season but seeks to prevent similar decisions in the future.

Read the full story from the Associated Press at ABC News