Saving Seafood

NEFMC Update – October 31, 2018

October 31, 2018 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council will hold several committee and advisory panel (AP) meetings in November, as well as a webinar for Whiting Amendment 22.  Here’s a run-down of what’s happening.  Committee and AP meeting presentations and documents will be posted on the Council website as they become available.  Two additional events that pertain to Council activities also are listed.

The full Council will meet December 4-6, 2018 at the Hotel Viking in Newport, RI.  An agenda will be posted in the near future at NEFMC Newport, RI 2018 meeting webpage.

 

Man Pleads Guilty to False Fishery Disaster Relief Request

October 31, 2018 — A New Hampshire man has pleaded guilty to giving false information in an effort to get fishery disaster relief funds following Hurricane Sandy.

Prosecutors say 56-year-old Dave Bardzik, of Ossipee, submitted several false and/or altered records to the state Fish and Game Department in 2015 in an attempt to qualify for the funds.

Investigators noted discrepancies between the 2015 submission and previous records Bardzik had completed. He admitted that he created the records because he would otherwise not have qualified for funds.

Required criteria included that “for hire” vessels, like Bardzik’s, must have taken at least 15 trips in three of the previous four years in which at least one New England groundfish species was harvested.

Read the full story from the Associated Press at U.S. News

BOEM requires transit corridors for offshore wind energy areas

October 22, 2018 — The federal Bureau of Offshore Energy Management is requiring offshore wind energy developers to set aside vessel transit corridors, amid intense discussions with the commercial fishing industry.

In a notice published Friday in the Federal Register, the agency announced it would offer an additional 390,000 acres south of Massachusetts for lease on Dec. 13. That would extend large areas already leased from Block Island, R.I., to south of Martha’s Vineyard.

The BOEM notice includes a new requirement for planning safe transit lanes through future arrays of turbine towers on the shallow continental shelf.

“The fishing industry has raised concerns with the ability to safely transit the existing and offered leases, particularly with their ability to quickly and safely return to port during inclement weather,” agency officials wrote.

At a Sept. 20 meeting in Massachusetts, Coast Guard officials and fishing industry groups proposed transit lanes through the leases to BOEM and wind developers Baystate Wind, Vineyard Wind and Deepwater Wind (since merged with Norwegian energy company Equinor, formerly known as Statoil).

“Representatives from the squid, groundfish, scallop, and other fisheries agreed that the two nautical-mile-wide transit corridors through the existing leases would provide the ability to safely transit to and from the fishing grounds. BOEM expects these, or similar, transit corridors to be finalized in the near future, and future lessees will be required to incorporate them into their plans,” the lease sale notice states.

Read the full story at Work Boat   

 

NEFMC Seeks Contractor for Groundfish Catch Shares Program Review

October 22, 2018 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council is seeking the services of an independent contractor to assist the Council and its technical working group with conducting a review of the groundfish sector system, which is a catch share program under the Northeast Multispecies Fishery Management Plan (FMP). Letters of interest and supporting materials must be received by November 30, 2018.

WHAT’S INVOLVED: The successful candidate’s primary role will be to support the technical working group conducting the Groundfish Catch Shares Program Review. The working group includes members from the Council, Northeast Fisheries Science Center, and Greater Atlantic Regional Fisheries Office staff. The contractor will:

  • Facilitate working group meetings;
  • Research and summarize pertinent information and coordinate working group review documents;
  • Assist with developing and writing the draft Catch Shares Program Review document;
  • Present the draft document to the Groundfish Plan Development Team, Groundfish and Recreational Advisory Panels, Scientific and Statistical Committee, Groundfish Committee, and the full Council;
  • And, among other tasks, prepare the final review document and presentations.

FOCUS OF REVIEW: The evaluation period for this review is focused strictly on fishing years 2010 to 2015, spanning from May 1, 2010 through April 30, 2016. This period covers the first six years of the catch share program under Amendment 16 to the Northeast Multispecies FMP. Information prior to program implementation also will be included for fishing years 2007 to 2009, covering May 1, 2007 through April 30, 2010.

TIMELINE: The contractor’s role is a short-term, temporary position that will begin on or about December 15, 2018 and end when the Council and the technical working group complete the review, tentatively in June 2019.

WHY IS THIS HAPPENING: The National Oceanic and Atmospheric Administration’s (NOAA) catch share policy states that Councils periodically should review catch share programs to evaluate whether a program is meeting its goals and objectives. NOAA’s guidance is that “a formal and detailed review” should occur “no less frequently than once every seven years” for all limited access privilege programs (LAPPs) established after January 12, 2007. More information is available at NOAA Catch Share Policy.

APPLICATION DETAILS: Interested professionals are encouraged to submit a letter of interest, current resume or curriculum vitae, examples of similar work completed for other organizations or publications, and a budget with expected expenses by November 30, 2018.

  • Interested candidates also should describe the approach that would be used to meet the requirements of the project, including deliverables.
  • NOTE: Candidates employed by advocacy organizations or by organizations that are parties in fishery lawsuits will not be considered.

SOLICITATION NOTICE: Additional information and application mailing/email addresses are contained in the full solicitation notice, which is available here and at announcement.

QUESTIONS: For more information, contact New England Fishery Management Council Deputy Director Chris Kellogg at (978) 465-0492 ext. 112, ckellogg@nefmc.org.

Warren Urges Dept. of Commerce, NOAA to Ensure Carlos Rafael Fishing Permits Remain in New Bedford

October 17, 2018 — The following was released by Senator Elizabeth Warren (D-Mass.):

United States Senator Elizabeth Warren (D-Mass.) today sent a letter to the Department of Commerce and National Oceanic and Atmospheric Administration (NOAA) to request that they do everything in their power to ensure that the 42 federal fishing permits held by disgraced fishing magnate Carlos Rafael remain in the Port of New Bedford.  The federal permits, which cover a significant portion of the ground fish industry and have an economic footprint that goes far beyond fish landings, are currently at risk of being revoked and distributed elsewhere under a civil administrative case brought by NOAA against Mr. Rafael.

Last year, Carlos Rafael, a New Bedford fishing magnate, pled guilty to 28 federal charges related to the management of his company, including falsifying fish quotas, mislabeling fish, conspiracy, and tax evasion. In a civil case filed in January 2018, NOAA called for the revocation of 42 federal fishing permits held by Mr. Rafael.

In her letter to Commerce Secretary Wilbur Ross, Acting NOAA Administrator Benjamin Friedman, and Chris Oliver, Assistant Administrator for Fisheries at NOAA, Senator Warren expressed serious concern about the devastating impact that removing the permits-which support many unaffiliated businesses and jobs that were not part of Mr. Rafael’s operation-from New Bedford would have on the regional economy.

“Millions of dollars of regional economic activity depend on Mr. Rafael’s permits remaining in the City of New Bedford,” wrote Senator Warren.  “An innocent community should not be collateral damage for one business’s crimes.”

The senator’s letter also emphasized the importance of the groundfish industry to the Massachusetts economy as a whole and noted that New Bedford already has the experienced workforce, infrastructure, and proud tradition to best utilize and maximize the economic benefits of the groundfish industry.

“It is critical for the city and South Coast region that these permits and allocations remain in the port of New Bedford, and in the hands of law-abiding fishing families and businesses,” Senator Warren continued. “Removing these permits from New Bedford would do lasting damage to families and businesses that have already suffered greatly through no fault of their own.”

The senator requested that the agencies take any and all available actions within their discretion to ensure that these critical fishing permits remain in New Bedford.

Read the full letter here

NOAA Fisheries to Reimburse Vessels for 2018 At-Sea Monitoring Costs

September 28, 2018 — NOAA Fisheries has announced a plan to cover the 2018 costs of at-sea monitoring for ground fish sector vessels in the Northeast.

The agency also plans to contribute more reimbursements to vessels for the 2017 at-sea costs, bringing the total reimbursement for that year up to 85-percent.

The at-sea monitors participate in a series of sector trips to estimate the total catch of quota of the species kept and discarded by the vessel. NOAA says at-sea monitoring also helps groundfish vessels keep track of the pace to which they fill their quotas for each species.

“Effective at-sea monitoring is essential to the success and sustainability of this fishery. This $10.3 million increase from Congress for groundfish at-sea monitoring provides additional economic stability for the sector vessels,” said Northeast Fisheries Science Center Director Jon Hare.

Read the full story at CapeCod.com

NEFMC Endorses 2019 U.S./Canada TACs; Receives Groundfish Progress Report

September 27, 2018 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council has accepted 2019 total allowable catches (TACs) for three groundfish stocks on Georges Bank (GB) that the U.S. shares with Canada–Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder. The TACs were recommended by the U.S./Canada Transboundary  Management Guidance Committee (TMGC) based on advice from the U.S./Canada Transboundary
Resources Assessment Committee (TRAC). The U.S. has members on both the TMGC and the TRAC.

The TACs will be included in Framework Adjustment 58 to the Northeast Multispecies Fishery Management Plan, which is still under development. The National Marine Fisheries Service (NMFS, NOAA Fisheries) must approve the TACs before they are implemented.

Read the full release here

Feds say few commercial fishing trips are monitored

September 27, 2018 — Federal officials revealed Wednesday that most of the New England fishing cooperatives that catch cod, haddock, flounder and other groundfish failed to meet the minimum standards for having observers on their boats.

Known as sectors, these cooperatives are groups of fishermen who come up with their own fishing plan and enforcement measures to manage their shares of the overall quota.

National Marine Fisheries Service regional administrator Michael Pentony sent letters to 14 of 19 sectors informing them that they were below the required 15 percent of their trips accompanied by fishery monitors and federal observers. Ten sectors were below 10 percent. Observers count and identify the fish caught and discarded, which helps scientists estimate impacts on fish populations.

“We are not trying to point fingers or lay blame,” Pentony told the New England Fishery Management Council at their meeting Wednesday, calling it a systemic problem.

“This report illustrates in bold type the core failure that has left the New England groundfish fishery in crisis: it is essentially unmonitored,” Johanna Thomas, director of the Environmental Defense Fund, wrote in an email. “This is not fair to fishermen, who need to have trust that decisions on their fishing activity is based on good information, and who need to know that there is a level playing field, that everyone is playing by the rules.”

Conservation Law Foundation senior attorney Erica Fuller said her organization has advocated for 100 percent observed trips either by humans or onboard cameras.

“Understanding budget constraints, NMFS should do everything in its power to get effective coverage that can provide accurate data and rebuild overfished stocks,” Fuller said.

The outcry for better observer coverage was especially intense following the arrest and conviction of New Bedford fishing mogul Carlos Rafael, known as “The Codfather,” who was able to illegally catch, process and sell fish, escaping detection for many years.

Read the full story at the Cape Cod Times

New Bedford shocked by NOAA’s latest move in Carlos Rafael case

September 24, 2018 — NEW BEDFORD, Mass. — Jim Kendall sees fingerprints on NOAA’s most recent allegations that go beyond Carlos Rafael and loop 22 of his captains into the agency’s non-criminal civil action.

“I’ll tell you right now, you can print it or not, but I think John Bullard still has his thumb on the scale,” the former fishing captain and executive director of New Bedford Seafood Consulting said.

Kendall backed up his claims by saying, “because I know John. He’s a vindictive SOB.”

Bullard is the former mayor of New Bedford, but in this case more importantly acted as the regional administrator for NOAA when Rafael was criminally indicted, pled guilty and was sentenced. Bullard also imposed a groundfishing ban on Rafael-owned vessels.

Except Bullard retired Jan. 19, about nine months before NOAA filed the updated charging documents on Sept. 10.

“A comment like that is insulting to all the people who do very important and hard work in the enforcement arena,” Bullard said. “They just follow the facts and where the facts lead. The only scales are the scales of justice. Nobody’s influencing. The only thing they are following is the facts.”

Bullard was at the helm when NOAA first filed charging documents on Jan. 10.

Read the full story at The New Bedford Standard-Times

 

NOAA seeks $3 million in civil fines against Carlos Rafael

September 21, 2018 — NEW BEDFORD, Mass. — NOAA hasn’t removed Carlos Rafael from its crosshairs. It’s requesting more than $3 million from the fishing tycoon and also took aim at 20 additional Rafael captains in a civil action filed last week, the governing agency told The Standard-Times on Thursday.

NOAA issued superseding charging documents in its civil administrative case involving Rafael on Sept. 10, which added charges and included more respondents than the original document NOAA issued Jan. 10.

The new document seeks to revoke 42 of Rafael’s federal fishing permits, prevent Rafael or his agents from applying for NOAA permits in the future, and increase the total monetary penalties sought from $983,528 to $3,356,269.

NOAA said Thursday that it does not comment on ongoing litigation.

The documents, which are non-criminal, also increased the number of alleged violations of federal fishery laws from 35 to 88 in addition to lassoing 20 of Rafael’s captains into the civil action. The original documents included only two captains. NOAA also is seeking to revoke operator permits of 17 fishing vessel captains for Rafael.

Read the full story at The New Bedford Standard-Times