Fishery regulations Archives

PFMC: Salmon Preseason Report II, including Public Hearings Schedule

March 24, 2016 — The following was released by the Pacific Fishery Management Council:

Notice of Availability; Reminder Notice of Public Hearings

Preseason Report II: Proposed Alternatives and Environmental Assessment Part 2 for 2016 Ocean Salmon Fishery Regulations

The document Preseason Report II: Proposed Alternatives and Environmental Assessment Part 2 for 2016 Ocean Salmon Fishery Regulations; Regulation Identifier Number 0648-BF56 has been posted to the Council’s website. Please visit the 2016 Preseason Report II webpage to view and download the document.

Public Comment Opportunities on the Proposed Management Alternatives

The Council solicits public comments on the proposed management Alternatives in preparation for adopting final management recommendations at its April meeting. Oral and written comments on the proposed management Alternatives may be presented at the public hearings listed below (you may also see the “Salmon Public Hearings” notice on our website):

Monday, March 28, 2016, 7 pm

Tuesday, March 29, 2016, 7 pm

Chateau Westport

Beach Room

710 W Hancock

Westport, WA 98595

360-268-9101

Driving Directions

Red Lion Hotel

South Umpqua Room

1313 N Bayshore Drive

Coos Bay, OR 97420

541-267-4141

Driving Directions

Motel 6

Convention Room

400 S. Main St.

Fort Bragg, CA 95437

707-964-4761

Driving Directions

Additional comment will be accepted during the April Council meeting. Written comments received at the Council office by 11:59 PM, Sunday, April 3, 2016 will be copied and distributed to all Council members.

For further information regarding the salmon management documents, please contact: Mr. Mike Burner at 503-820-2414 or toll free 1-866-806-7204, ext. 414.

Feds withdraw eel fishing moratorium for Delaware

March 16, 2016 — DOVER, Del. (AP) – The National Marine Fisheries Service says it is withdrawing a federal moratorium on fishing for American eel in the state waters of Delaware.

The agency withdrew the moratorium effective Tuesday after concluding that Delaware is in compliance with the Atlantic States Marine Fisheries Commission’s eel management plan.

Regulators determined last year that Delaware was out of compliance because it had not implemented regulations to rebuild depleted eel stocks and to prevent over-harvest.

Read the full story at WMDT

Law Changes for 2016 Maine Elver Season Improve Opportunity for Harvesters

March 15, 2016 — The following was released by the Maine Department of Marine Resources:

A recently passed bill will improve Maine elver harvesters’ chances of landing all of the state’s 9,688 pounds of quota. The changes come just in time for the 2016 elver season, which starts on March 22, 2016.

“Last year Maine left over 4,400 pounds of quota in the water,” said Maine Department of Marine Resources Commissioner Patrick Keliher. “That represents more than $9,600,000 in potential income that Maine harvesters could not access.

“While a cold, dry spring in 2015 made it hard for harvesters, in-season closures and the length of the season compounded that problem. This year the management improvements we have put in place will allow us to provide more flexibility and better opportunity for Maine elver harvesters.”

One provision within the law will eliminate the 48-hour closures each week while another will lengthen the season by a week.

“The 48-hour closures were established at a time when there was no limit on the amount harvesters could land,” said Commissioner Keliher. “Because this is now a quota based fishery, the Atlantic States Marine Fisheries Commission’s technical committee and eel management board voted unanimously to allow Maine to eliminate in-season closures.”

“Now, with the quota system and the ability to monitor the harvest in near real-time with swipe cards, both of which we implemented in 2014, we can manage this fishery with precision. That means better prospects for fishermen and better protection for the resource.”

The new law will also provide an additional week of harvesting opportunity. Previously the season went from March 22 to May 31. This year it will last until June 7. “Last year, migration started late because of the cold spring, so there were elvers running strong at the end of the season. But unfortunately we had to close it on the statutorily mandated date. The combined success of our quota and swipe card systems allows us to extend the season a week and provide more opportunity for fishermen,” said Commissioner Keliher.

This season harvesters will also have an opportunity to choose their gear type rather than continue to use the type they were previously authorized to fish. “While the law will not allow harvesters to choose more gear than they are currently authorized to use, we want to provide people with the flexibility to fish the gear type they prefer.”

The new law also authorizes Commissioner Keliher to enter into a Memorandum of Agreement with Maine’s tribes if they request a waiver of the requirement to allocate individual fishing quotas. The agreement would allow tribal members to fish under an overall tribal quota, rather than an individual quota. “This compromise acknowledges the unique interests of the tribes while maintaining the important measures that have allowed Maine to protect and preserve this valuable fishery for all license holders.”

NEW JERSEY: Council to set fluke & sea bass regulations at Thursday meeting

March 2, 2016 — Paul Haertel of the JCAA reports the New Jersey Marine Fisheries Council will be meeting at 4PM on Thursday, March 3rd at the Galloway Township Public Library, 306 E Jimmie Leeds Rd, Galloway, NJ 08205. The regulations for fluke and sea bass are expected to be set at this meeting. Though public comment will be accepted, it appears that there will only be one regulatory option offered for each species. The NJ Bureau of Marine Fisheries worked hard to develop various options. They were tweaked a little at the Advisers meeting and the end result was that a clear majority of advisers supported the following options.

Read the full story at NJ.com

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.”

= = =

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

SMFC Summer Flounder, Scup, and Black Sea Bass Board Approves Regional Management for 2016 Recreational Summer Flounder and Black Sea Bass Fisheries

February 4, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Management Board approved Addendum XXVII to the Summer Flounder and Black Sea Bass Fishery Management Plan. The Addendum continues the use of regional management for the 2016 summer flounder and black sea bass recreational fisheries, with a modification to the summer flounder regions. The modified summer flounder regions are intended to provide more equity in recreational harvest opportunities along the coast, especially between New Jersey and Delaware in the Delaware Bay. The approved summer flounder regions are Massachusetts; Rhode Island; Connecticut through New York; New Jersey; Delaware through Virginia; and North Carolina. For black sea bass, the Board approved the continuation of management measures by northern (Massachusetts – New Jersey) and southern regions (Delaware – North Carolina).

Addendum XXVII was initiated to address the discrepancy in management measures between New Jersey and Delaware in the Delaware Bay. In recent years, the difference in size limit, which has been as great as 2-inches, has been cited as having an economic impact on southern New Jersey anglers. The approval of the New Jersey Delaware Bay region will allow New Jersey to pursue, through its regulatory process, the following management measures for New Jersey waters west of the COLREGS line in the Delaware Bay: a 17-inch minimum size, 4 fish possession limit, and a 128 day season. For New Jersey anglers east of the COLREGS line and north along the New Jersey coast, the state will seek to maintain 2015 management measures in 2016, namely, a 18-inch minimum size, 5 fish possession limit, and a 128 day season. The latter measures are consistent with those of New York and Connecticut. Management measures for the remaining states remain unchanged from 2015. The adaptive regional management approach for summer flounder has been approved for the 2016 fishing year only.

For black sea bass, the Board approved the continuation of ad hoc regional management measures for the northern (Massachusetts – New Jersey) and southern regions (Delaware – North Carolina). This approach has been used since 2011 and offers some advantages over coastwide regulations, which can disproportionately impact states within the management unit. States in the northern region, which are responsible for approximately 97% of the total recreational harvest, will reduce their harvest by 23% to achieve the 2016 recreational harvest limit. Based on the recommendations of the Technical Committee, the Board approved management proposals and methodologies submitted by the northern states. The northern states will finalize their black sea bass management measures by the spring of 2016.

States in the southern region will implement measures consistent with federal regulations (current recommended federal measures are a 12.5 inch TL minimum fish size, 15 fish possession limit, and open season from May 15 – September 21 and October 22 – December 31). Combined, the regulations of the two regions are expected to achieve the required coastwide harvest reduction in order to not exceed the 2016 recreational harvest limit. The Board approved the ad hoc regional measures approach for the 2016 fishing year with the option of extending it through 2017 by Board action.

The Board also approved the maintenance of 2015 scup recreational measures for the 2016 fishing season. Addendum XXVII will be available on the Commission website, www.asmfc.org, by the end of February 2016. For more information, please contact Kirby Rootes-Murdy, Fishery Management Plan Coordinator, at krootes-murdy@asmfc.org or 703.842.0740.

NEW JERSEY: Anglers, you have the floor

January 21, 2016 — North Jersey anglers are a passionate bunch.

During the course of a year, I’m always getting questions about why certain things are done regarding everything from regulations to stocking. Folks aren’t shy about sharing what they think, especially when they have thoughts about what could be done better.

And while I enjoy listening, there’s a much better sounding board available. The best part is that this venue gives you a chance to really make a difference.

The state Division of Fish and Wildlife will be hosting another public forum to discuss freshwater fisheries research, management and recreational angling at 10 a.m. Jan. 30 at the Hackettstown State Fish Hatchery in Warren County.

These forums are aimed at improving communication with the angling public and to solicit public input in shaping freshwater fisheries in the future. These events are a perfect opportunity for all freshwater anglers to learn about the state’s existing programs and to share their views and recommendations.

This isn’t just a show. The goal is to make fishing in New Jersey the best it can be, and the people in charge are open to all ideas.

Read the full story at NewJersey.com

Massachusetts fishermen fear new rules smothering industry

January 16, 2016 — GLOUCESTER, Mass. (AP) — Gerry O’Neill looks at the water world spinning around him, a world of regulation and re-regulation and over-regulation— in other words, the modern world of commercial fishing —and thinks that he’s seen this movie before.

Two days removed from the public comment hearing at the state Division of Marine Fisheries offices on Emerson Street on potential changes to rules governing the scope and the schedule of the herring season, O’Neill sits in his office on Jodrey State Fish Pier and wonders if his two 141-foot mid-water trawlers Challenger and Endeavour and the Cape Seafood fish processing and sales operations that collectively employ almost 40 full-time workers— and even more when the product is flowing —will survive the future any better than the nearly decimated Gloucester groundfish fleet.

‘‘At the end of the day, the groundfishermen are struggling and everybody knows that and it’s because of over-regulation as well,’’ O’Neill said. ‘‘We’re not dying yet. But if they keep doing what they’re doing, we’re going to go the same way as the groundfishermen.’’

Given the state of the groundfish fleet, that is a chilling phrase, made even more-so by his matter-of-fact delivery in the soft brogue of his native Ireland and his admission that he favors regulations that will sustain the fishery even when they cost him fish and money.

His voice was steady and calm, just as it was at last week’s session in which David Pierce, the executive director of DMF and the state’s representative on the Atlantic States Marine Fisheries Commission which governs the Northeast herring fishery, conceded the fishery remains robust.

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

MASSACHUSETTS: State meets fluke fishermen halfway after barring offload of entire catch

January 15, 2016 — NEW BEDFORD, Mass. — All but one of the seven fishing boats that were barred from offloading their catch of fluke, or summer flounder, earlier this week are back fishing, according to Dr. David Pierce, head of Massachusetts fisheries.

After fishing on North Carolina permits for the fluke, four boats from North Carolina and three from New Bedford (two owned by Carlos Rafael and one by Mark Bergeron) sought shelter in New Bedford during strong storms of the past week.

But Massachusetts’ fluke season doesn’t start until Feb. 1, and the regulations do not allow transfer of fluke quota from another port unless there is a crew injury or illness, or the boat has mechanical problems. The latter applied in the case of the one boat that had to double back to New Bedford with mechanical trouble.

Read the full story at the New Bedford Standard Times

Alaskans own dwindling number of Alaska fishing permits

January 15, 2016 — Fishing issues will take a back seat to budget cutting when the Alaska Legislature convenes Jan. 19, but two early fish bills (and one holdover) are getting attention already.

One new measure aims to stop the migration of commercial fishing permits out of Alaska.

Forty years ago at Bristol Bay, 36 percent of the more than nearly 2,000 permits were held by locals and 64 percent by nonresidents. By 2013, the numbers were 19 percent local and 81 percent nonresident. Similar trends, by varying degrees, are happening in other regions as well.

Rep. Jonathan Kreiss-Tomkins, D-Sitka, said he intends to introduce a bill that would establish a permit bank to reverse the outmigration trend.

The bank would buy nonresident permits and lease them to young fishermen who otherwise could not afford them. It would offer several types of fishing permits (Alaska has 65) that would be proportional and reflective of regional fisheries. A permit bank would not cost the state any money, he said, because it would fall to local communities to raise the money.

Read the full story at Alaska Dispatch News