Fish quotas Archives - Page 2 of 4

MASSACHUSETTS: Carlos A. Rafael held without bail

February 26, 2016 — BOSTON — Carlos A. Rafael was held without bail Friday afternoon after appearing in U.S. District Court on charges of conspiracy and submitting falsified records to the federal government.

Magistrate Judge David H. Hennessy ordered Rafael, 64, held until a preliminary and detention hearing is held in the federal court in Worcester on Wednesday, March 2 at 1 p.m.Rafael’s bookkeeper and co-defendant, Debra Messier of Dartmouth, faces the same charges but was released on a $10,000 unsecured bond.

The two appeared in the Boston court Friday afternoon after federal authorities, including the NOAA Office of Law Enforcement and the Internal Revenue Service, executed two search warrants and raided the headquarters of Rafael’s groundfishing and scallop business on the city’s South End waterfront Friday morning.

Federal prosecutors charge that for years, Rafael, with the help of Messier, lied to federal authorities about the quantity and species of fish his large New Bedford fleet caught, in order to evade federal groundfishing quotas, according to the criminal complaint filed by the IRS. After submitting false records to federal regulators, Rafael then sold the fish to a business in New York City in exchange for bags of cash, the Office of U.S. Attorney Carmen M. Ortiz charges.

Assistant U.S. Attorney Andrew E. Lelling argued Rafael posed a flight risk.

Read the full story at the New Bedford Standard-Times

View a PDF of the affidavit of agent Ronald Mullet in support of a criminal complaint charging Carlos Raphael

MASSACHUSETTS: Excerpts from case against Carlos Rafael

February 26, 2016 — “He [Michael] buys a lot of fish. You can become a laundromat. You’ll never find a better laundromat than this mother….” — Carlos Rafael.

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“I could have to regret this to you [sic], because I don’t know you. You could be the IRS in here. This could be a cluster-f…. So I’m trusting you. The only thing is, I open myself because both of you is Russians and I don’t think they would have two Russians [posing as agents]. F… me – that would be some bad luck!” — Carlos Rafael

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“Rafael said that every Friday or Saturday, he works with an employee, later identified as Debra Messier, who is responsible for preparing the reports. If Rafael’s boats catch fish in excess of legal quotas, he tells Messier to change the description on the report to that of another species for which he had remaining quota, or to one for which there were no limitations at all.”

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Rafael told the UCs (undercover agents) that Michael delivers cash to Rafael in advance of fish shipments. Rafael then sends fish to Michael, in New York, in varying increments over a six-month period until the advanced payment is worked off. Rafael sends the fish to Michael by truck, after which Rafael marks a journal detailing the value of the fish shipped. Rafael reduces the balance owed to Michael after each shipment until the cash advance is fully repaid.

Read the full story at the New Bedford Standard-Times

View a PDF of the affidavit of agent Ronald Mullet in support of a criminal complaint charging Carlos Raphael

Maine may extend fishing season for eels prized as sushi

February 21, 2016 — PORTLAND, Maine (AP) — Fishermen are making money on sushi in Maine, the only state in the country with a significant baby eel fishery, and lawmakers are looking to make it possible for them to make more.

Maine’s baby eels are wriggling gold, sometimes worth more than $2,000 per pound at the dock. The baby eels, called elvers, are sold to Asian aquaculture companies who raise them to maturity for use them as food, and they frequently end up in sushi and sashimi. Some end up back on plates in the U.S.

But fishermen must abide by a strict quota system that limits the state fishery to 9,688 pounds per year, and they caught only 5,242 pounds of elvers last year. Fishermen attributed the slow season to a cold spring, which state regulators said slowed the migration of elvers in the rivers and streams where they are caught.

Lawmakers are looking to change the restrictions on the elver fishery to give fishermen a better chance to catch the entire quota. A legislative committee recently approved a plan to extend the season by a week and allow weekend fishing, as opposed to the current limitation to five days per week.

Read the full story from the Associated Press at the Boston Globe

New quotas cut deep for fishing industry

February 3, 2016 — Fishermen and fishing stakeholders say the darkness that has descended on the Northeast groundfish fishery over the past three years is only going to grow deeper in 2016, with some fishing stakeholders envisioning the final collapse of the small-boat industry due to slashed quotas for species they believe are abundant.

“With these cuts, we will not have a fishery as we know it anymore,” said Vito Giacalone, the manager of Gloucester-based Northeast Fishing Sector 4 and the policy director at the Northeast Seafood Coalition. “The great shame to this is we’re going to have this entirely detrimental economic impact while the stocks are in great shape and no one in the government is listening. There is just no leadership.”

At the heart of the issue is the expanding difference between what fishermen say they are seeing on the water and the results from NOAA stock assessments used to produce the annual fishing quotas. Call it a watery Great Divide.

“The fish are in great shape and the only real constraint on catch is quota,” Giacalone said. “Fishermen are seeing that across the board on a lot of the species.”

The quotas, set for 2016 by the National Oceanic and Atmospheric Administration in the final groundfish framework, reflect a far different analysis by NOAA and its scientists. They include savage cuts to gray sole (55 percent), Georges Bank cod (66 percent), northern windowpane flounder (33 percent) and Gulf of Maine yellowtail flounder (26 percent).

“We’ve never had a greater gap between what the fishermen are seeing on the water and what the scientists are saying,” Giacalone said. “Never.”

Gloucester fisherman Al Cottone said his personal sector contribution (PSC) for 2016 includes a slight increase in Gulf of Maine cod from the 1,800 pounds he was allotted in 2015, but cuts in several other species such as yellowtail flounder (down 25 percent to 2,400 pounds); American plaice (down 17.6 percent to 2,800 pounds) and gray sole (down 6 percent to 2,800 pounds).

Read the full story at Gloucester Daily Times

Herring vs. Haddock in Data Debate

February 3, 2016 — PORTLAND — Last October, the National Marine Fisheries Service (NMFS) drastically constrained the ability of midwater trawlers to fish for herring in offshore waters for a period of more than six months, because the herring fleet had bumped up against its quota for the incidental catch of Georges Bank haddock.

As a result, at its December meeting, the New England Fishery Management Council (NEFMC) heard a request from herring fishery interests to reconsider the level of constraint for the upcoming fishing year of May 1, 2016 to April 30, 2017, and for future years, since Georges Bank haddock appears to be plentiful and, they said, estimates of haddock catches by the herring fleet were inaccurate.

“A seven-month closure of a major fishery is very significant,” said NEFMC member Mary Beth Tooley, who is the government affairs representative for Rockland-based O’Hara Corp., which owns and operates two herring vessels. “We in the herring fishery don’t want to catch haddock. But that biomass is like locusts: They’re unbelievably abundant. It’s two-pronged: Let’s get groundfishermen catching haddock, and not close the herring fishery.”

Tooley said the herring industry agrees that there should be a limit on what the herring fishery takes from the haddock resource, and that accountability measures to enforce the limit are needed. But the methodology currently used to extrapolate estimates of how much haddock the herring fleet incidentally catches isn’t accurate, she said, and monitoring of harvesting operations, through observer or electronic programs, is inadequate for providing an accurate count of haddock catch.

“We need to have accountability,” Tooley said. “But with our current level of [observer] coverage…it’s become a real issue.”

In an action that became effective Oct. 22, 2015, herring midwater trawl vessels were prohibited from fishing for more than 2,000 pounds of herring per trip or day in the “Herring Georges Bank Haddock Accountability Measure Area,” a limit that will remain in place until the quota becomes available for the 2016 fishing year, on May 1.

The action effectively limited the midwater trawl fishery in Herring Management Area 3, because Area 3 falls within the Georges Bank Haddock Accountability Management Area.

Federally permitted herring vessels, all together, are allowed to catch 1 percent of the Georges Bank haddock resource. The overall allowable haddock catch on Georges Bank for 2015 was 53.7 million pounds (24.3 metric tons); 1 percent, which is further reduced a bit to account for management uncertainty, is 500,449 pounds (227 mt), according to NMFS.

According to data reported on Dec. 21, 2015, based on estimated haddock catches, the herring midwater fleet had reached 93.09 percent of its quota by September, and 104.49 percent by October.

The amount of haddock caught by the herring fleet is extrapolated from the amount of haddock caught on observer trips.

Read the full story at Fisherman’s Voice

Environmental Advocates, Fishermen At Odds Over Turning Cashes Ledge Into National Monument

February 2, 2016 — It’s clear from listening to fishermen that they’re ambivalent about the fisheries management process and the rules it produces. They feel like the rules are stacked against them, but they abide by the council’s decisions, because that is the process they have signed onto. The presidential order would fall outside that process.

Jackie Odell advocates for New England groundfishermen with the Northeast Seafood Coalition. She said the fisheries management process is public and transparent, and decisions are data-driven, goal-specific and reached through compromise.

“You know, there’s legislation that’s out there to protect this process,” she said. “And if we don’t want to use that process what are we doing and why? Why are all stakeholders — states, fishermen, NGOs, scientific community — all engaging in a process that in the end we are going to say, it doesn’t matter.”

But, she added, the fishing industry and environmental groups don’t have to be adversaries: Fishermen are also concerned about mining and natural gas exploration.

Witman, the longtime Cashes Ledge researcher, agrees.

“In the long run, I think we want the same thing. We both value a healthy resilient ocean that can support fisheries,” he said.

But the sticking point might be one of perspective.

Many fishermen, including Testaverde, entered this profession because it’s what their family had been doing for generations. They take immense pride in their work and their heritage. They fear a future in which their descendants won’t experience that.

Skerry, the photographer, fears a future in which one of Earth’s beautiful places is irrevocably damaged.

Read the full story at WBUR News

Massachusetts sector managers detail fishing costs

January 29, 2016 — NEW BEDFORD — Managers of area fishery sectors on Friday said many local groundfish boats could face daily charges of $125 or less-frequent charges of about $500, to pay for government-mandated monitoring of their catches.

Sector 9 manager Stephanie Rafael-DeMello and Sector 13 manager John Haran both said they negotiated with East West Technical Services, which has an office in Narragansett, R.I., for catch-monitoring services for which fishermen expect to begin paying around March 1.

Rafael-DeMello said the negotiated price was “just under $500 a day,” per boat. But because regulators randomly select boats for monitoring, she said, Sector 9 will spread the cost evenly, charging boats a flat rate of $125 per sea day in order to foot the overall costs of monitoring, which will apply only to about 20 percent of trips.

“We figured it will kind of ease the blow,” Rafael-DeMello said. “It will be a fair way for all of the vessels to share that cost.”

Sector 9 has about 21 groundfishing boats, nearly all of which operate out of New Bedford.

“We’re looking to see if we can afford to keep them all fishing, with the (quota) cuts and the costs that are coming next year,” Rafael-DeMello said. “It’s definitely going to be a struggle, to say the least.”

Read the full story at New Bedford Standard Times

Nils E. Stolpe: After 39 years of NOAA/NMFS fisheries management, how are they doing?

January 27, 2016 — (FishNet USA – www.fishnet-usa.com/) — Back in June of 2012 I wrote After 35 years of NOAA/NMFS fisheries management, how are they doing? How are we doing because of their efforts? (http://www.fishnet-usa.com/) in which I looked at U.S. commercial landings on a regional basis. While there were some bright spots, overall the picture was somewhat dismal, with total landings minus Alaska’s swinging up slightly after a trending downward over the previous 5 years and being only 60% of what they were in 1979, the year that inflation corrected landings were at their highest value. Regionally, landings (minus scallops and lobster) in New England, in the Mid-Atlantic (minus scallops), in the Southeast and in the Gulf of Mexico were trending downwards with only Pacific landings heading up.

The latest available data from the NOAA/NMFS Commercial Landings website, for the years 2011 to 2014 (http://www.st.nmfs.noaa.gov/st1/commercial/landings/annual_landings.html) tell a different, and much more optimistic, story (But please bear in mind that any indicated “trends” since 2010 are for four years at most and at this point aren’t necessarily anything that people should hang their hats on).

(Note that in all of the following charts 2010, the last year in the original FishNet article for which data was available, is indicated by a red bar. The most current data are for 2014. Also note that all values reported were corrected for inflation, using federal government conversion tables and 2010 as the base year.)

Value of Total U.S. landings

Total U.S. landings reached a maximum of $6.8 billion in 1979. From a recent low of $3.9 billion in 2009 they increased to $5.2 billion in 2011 and are currently (as of 2014) at $5.0 billion.

The value of total U.S. landings has been increasing fairly steadily since 2002.

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A number of people had commented on the original article that it would have been interesting to see a listing of all of the commercial species and their individual contributions to the total value of domestic landings. With landings of 485 species reported in 2014, that would take up a prohibitive amount of space here, but following is a chart listing the top 50 fisheries in terms of value. At the bottom of the list were frigate mackerel ($39), shortbelly rockfish ($22), Chubs ($12), redstripe rockfish ($10) and spider crab (42 lbs landed, no value listed). The values are in 2014 dollars. For reference I’ve also included a chart of the top 50 species in 2005 (the values here are listed in 2004 dollars).

It shouldn’t surprise anyone at all familiar with our commercial fisheries that American lobster, sea scallops and walleye pollock are the three most valuable U.S. fisheries.

But that seven of the ten most valuable species being shellfish might be.

At this point NOAA/NMFS doesn’t differentiate between capture fisheries and aquaculture production in the commercial landings database. Tracking the growth – or not – of aquculture through actual production would be an effective way of determining how realistic the pronouncements of the “future of aquaculture” which have been periodically resurfacing for almost 50 years actually are and it would be most useful.

Other facts that you might find interesting – or that in emergencies can serve as conversation starters:

• Of the top fifty species, twenty-three were shellfish.

• In spite of all of the associated hand-wringing, Atlantic cod were #69 ($9.4 million).

• Ditto for American eels at #66 ($9.8 million).

• Ditto for swordfish at #51 ($18 million).

• Bloodworms were #86 ($6.0 million).

• Florida stone crab claws – the fishermen keep one, the crabs keep one and are then released – were #35 ($28 million).

The fifty highest value fisheries in the U.S. in 2005 (in 2005 dollars) and 2014 (in 2014 dollars)

Forty-five fisheries that were in the fifty most valuable in 2005 were still in the top fifty in 2014. When adjusted for inflation, in 2010 dollars, landings in the top 50 fisheries were valued at $3.9 billion in 2005 and at $4.5 billion in 2014.

(For anyone who is interested in exploring the reported landings of any species in any regions or states on a year-by-year basis, the above linked NOAA/NMFS database provides a wealth of information. With a basic knowledge of spreadsheets you can get an accurate picture of any commercial species (with limited exceptions) for the last 75 years, or for as long as that species supported a fishery. I’ve made one of my worksheets for this FishNet available at http://www.fishnet-usa.com/HowWeDoing_Update.xlsx to give you an idea of what’s possible. If you have any questions, feel free to contact me by replying to this email.)

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Ignoring Alaska, the value of U.S. landings appear to be increasing after a decline that began in 1979.

Correcting for inflation, total U.S. landings in 2014 were 74% of what they were at their highest point (1979). Minus Alaska, total U.S. landings were 71% of what they were in 1979.

The story region by region – New England first

Starting out in New England, home of our oldest and not so long ago some of our most valuable “traditional” fisheries, at first glance things appear to be rosy. Reaching a post-Magnuson plateau of just over $1 billion in 1987, the value of total landings declined from then until 2001, from there increasing until almost $1 billion in 2005 and then falling again. But in 2011 they topped $1 billion again, and have remained there ever since.

Unfortunately, the reality in many New England fisheries is not what is indicated by the total landings. Since 1950 about half of the value of New England landings (converted to 2010 dollars) has been in the lobster and sea scallop fisheries. In 2010 these two fisheries accounted for 41% of the value of New England’s total landings (in the previous FishNet I had erroneously reported “over 69%”). In 2014, driven by a large increase in lobster landings which wasn’t offset by smaller decrease in scallop landings, that increased to 47%.

Subtracting the value of sea scallop and lobster landings from the total New England landings, there ws a decline in value extending from the early 90s to 2009. This was offset by an increase beginning in 2010 that increased the value to levels last seen in 1995.

In 2010 dollars, the New England lobster fishery has increased in value from $73 million in 1950 to $518 million in 2014. That’s an increase of 700%. The sea scallop fishery has increased from $57 million to $273 million, an increase of 480% (“record” scallop landings were $370 million in 2012).

In 2014 the next three most valuable fisheries were oysters, soft clams and Atlantic herring. Together with sea scallops and lobsters, landings in these 5 most valuable fisheries were $941 million. This represented 85% of the total New England landings in 2014. In 2000, 2005 and 2010 the 5 most valuable New England fisheries represented respectively 57%, 68% and 77% of the total value of New England landings.

The Mid-Atlantic

With the exception of 2013-14 the total value of Mid-Atlantic landings appear to have been fluctuating pretty widely but staying mostly between $200,000 and $250,000 since the early 1980s. However, the dramatic increase in the value of sea scallop landings have been compensating for a pronounced and prolonged decrease in the value total of landings of the other fisheries.

The South Atlantic

The value of South Atlantic landings declined almost steadily from a peak at in 1979 to 2005 or so and has been fairly constant since then.

Commercial landings in the South Atlantic in 2014 were 38% of what they were at their highest point (1979).

The Gulf of Mexico

The value of commercial landings in the Gulf of Mexico declined until 2010, when it reached the level that it hadn’t been at since 1960. Since then the total value has increased significantly, in 2014 being at 67% of what it was in 1979, when they were at their highest value.

As in the South Atlantic, the value of shrimp landings has varied much as the value of the other species has.

West Coast

The value of total West Coast landings appears to be continuing a 10+ year upward trend which had been interrupted by a drop in 2009/10. The total value of West Coast landings in 2014 was 69% of the highest value, which was in 1988.

The value of Hawaii landings in 2012 almost equaled the highest level reported, which was in 1992 (Hawaii landings were only reported in the NMFS/NOAA commercial landings database beginning in 1981). The value of landings has dropped in the subsequent two years.

The total value of Alaska’s landings appears to have resumed the upward trend that had begun in 1985.

What’s it all mean?

Looking at the biggest picture – and accepting the NOAA/NMFS figures – the domestic commercial fishing industry is doing quite well, having been just under $4 billion in 2009 and in 2014 having topped $5 billion. Adjusted for inflation, landings of the most valuable 50 fisheries were worth $3.9 billion on 2005. The value of the top 50 species had increased to $4.5 billion in 2014.

However, as is almost always the case, the devil is in the details, and some of those details clearly demonstrate that all is not well in every pilot house of every boat fishing in our EEZ.

One of the clearest examples of that is seen in the traditional fisheries of the Mid-Atlantic. While the value of total landings were valued at $195 million in the Mid-Atlantic, 44% was from one fishery (sea scallops). When the value of total landings minus the sea scallops shows that a decline that started in 1997 in the Mid-Atlantic is still continuing.

New England is slightly more complicated. In 2014 the value of landings if two fisheries (lobster and sea scallops) made up 73% of the value of New England’s total landings. In 2000 they accounted for 53% of the total. While the value of landings minus lobster and scallops has increased over $100 million since 2010, the four species – herring, soft shelled clams, oysters and American eels – that have accounted for most of the increase are either caught by very large vessels, are mostly from a limited and highly regulated river fishery for elvers, or are harvested from either inshore fisheries or aquaculture operations.

The bright spot on the East coast is the South Atlantic region, if you consider having stable landings a bright spot.

The value of total U.S. landings in the Gulf of Mexico has increased dramatically since a post-Magnuson low point, not coincidentally the year when BP released 5 million barrels or so of oil and almost 2 million gallons of corexit (an oil dispersant) into the Gulf.

After a gradual increase from the early 90s, the value of West Coast landings (minus Hawaii and Alaska) has been fairly steady since 2010 with an upswing in 2014. The value of Alaska landings increased significantly post 2010 but in 2014 had fell back to the same level it was at then. The value of Hawaiian landings increased steadily from 2009 to 2012, when it reached a level it hadn’t been at since 1993, but it has decreased since then.

Obviously it’s impossible to generalize at the national level much more than that significantly more dollar’s worth of fish and shellfish crossed U.S. docks in 2014 than did in 2010, and that’s definitely a good thing. However, the benefits haven’t been spread out evenly. There are disparities from region to region, from state to state, from port to port, from fishery to fishery and from dock to dock. The situation on the New England groundfish fishery is an example of that (and I’ll note here that decreased landings of a particular species isn’t necessarily related to reduced numbers of that species). But what can’t b\e overemphasized is that in far too many instances fishing revenues are being increasingly concentrated in a decreasing number of fisheries. In the long term this could prove disastrous, not just to the participants in fisheries in which the landings are declining, but to the participants in the other fisheries as well. This is because it takes a certain minimum level of presence to maintain necessary infrastructure (docks, gear suppliers, ice houses, marine railways, etc.), and once that minimum level is reached those businesses that support the fishing industry will have no choices other than shutting down or relocating.

View a PDF of the opinion piece here

Fishermen await court’s decision about at-sea monitoring lawsuit

January 22, 2016 (AP) — CONCORD, N.H. — East Coast fishermen are awaiting a judge’s decision about their contention that the federal government’s plan to hand them the cost of at-sea monitoring is illegal.

Fishermen of important New England food species such as cod and haddock will have to start paying the cost of at-sea monitors soon under new rules. Monitors collect data to help determine future fishing quotas and can cost about $800 per day.

Read the full story from the Associated Press at the Boston Herald

Pass the dogfish nuggets? Seafood industry rebrands ‘trash’

January 20, 2016 — PORTLAND, Maine (AP) — Call them fish sticks for millennials. At any rate, Dana Bartholomew is banking on college students warming up to “Sharck Bites.”

Ipswich Shellfish, of Massachusetts, for which Bartholomew oversees sales, is offering that product — nuggets of dogfish coated in a gluten-free, allergen-friendly crust. Bartholomew, who believes so-called “trash fish” such as dogfish are part of the new wave in New England seafood, already has a couple of colleges on board.

Bartholomew’s fondness for dogfish, a species East Coast fishermen catch millions of pounds of every year that sells for just pennies at the dock, is part of a growing trend in fish markets around the country. The industry is putting more emphasis on fish that have traditionally lacked market appeal or economic value as old staples — such as cod, tuna, haddock and shrimp — decline or become the subject of tougher fishing quotas.

“We know we have to make a great-tasting product that supports local fishermen, supports the local industry and economy,” Bartholomew said. “And it’s local — it’s right here.”

New England’s traditional food fish has long been the Atlantic cod, but it has faded in the face of overfishing and environmental changes. Restaurant owners, fishermen and food processing companies said a growing shift to other species is helping to fill that void. Catch of species such as spiny dogfish, Acadian redfish and scup have all increased dramatically since 10 years ago as cod has fallen.

Read the full story from the Associated Press at CNBC