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Council Approves Groundfish Framework 57 With Annual Catch Limits, Halibut/Southern Windowpane AMs, and More

December 7, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council has approved Framework Adjustment 57 to the Northeast Multispecies Fishery Management Plan. The framework contains fishery specifications and annual catch limits (ACLs) for the 2018-2020 fishing years, as well as: (a) U.S./Canada total allowable catches (TACs) for shared stocks on Georges Bank; (b) Atlantic halibut management measures; (c) modifications to the southern windowpane flounder accountability measures (AMs) for large-mesh non-groundfish trawl fisheries such as scup and summer flounder; (d) adjustments to how common pool trimester TACs are apportioned; and (e) a temporary change to the scallop fishery’s AM implementation policy to cover the Southern New England/Mid-Atlantic yellowtail flounder stock. The Council also discussed actions related to recreational fisheries and approved a temporary administrative measure to give the Greater Atlantic Regional Fisheries Office (GARFO) regional administrator the authority to adjust recreational measures for Georges Bank cod.

2018-2020 Fishing Year Specifications

The new specifications in Framework 57 include substantial quota increases for several commercially important groundfish stocks, including Georges Bank cod, Gulf of Maine cod, Gulf of Maine haddock, and pollock, as well as smaller but important increases for a few “choke” stocks. These are stocks with low quotas that can make accessing healthy, high-quota stocks more difficult (see table). Catch limits for some stocks will decrease, and fishermen will continue to face challenges with non-allocated stocks such as windowpane flounder. Overall, however, the 2018 quotas are expected to provide a number of groundfish fishing opportunities on healthy resources.

The Council’s Scientific and Statistical Committee (SSC) made overfishing limit (OFL) and acceptable biological catch (ABC) recommendations – the starting point for calculating catch limits – for all groundfish stocks except Atlantic halibut. In order to prevent delays in the implementation of Framework 57, the Council agreed in advance to accept the halibut OFL and ABC recommendations that the SSC intends to make during a December 18 webinar meeting. The Council also approved sub-ACLs for: (a) Gulf of Maine cod and haddock for the recreational fishery; (b) four flatfish stocks for the scallop fishery; (c) Georges Bank yellowtail flounder for small-mesh fisheries; and (d) Gulf of Maine and Georges Bank haddock for the midwater trawl fishery as shown in the table below.

The Council also approved sub-ACLs for: (a) Gulf of Maine cod and haddock for the recreational fishery; (b) four flatfish stocks for the scallop fishery; (c) Georges Bank yellowtail flounder for small-mesh fisheries; and (d) Gulf of Maine and Georges Bank haddock for the midwater trawl fishery as shown in the table below.

During its September meeting in Gloucester, the Council approved 2018 fishing year TACs for three shared U.S./Canada groundfish stocks on Georges Bank, which also are part of Framework 57.

The U.S. share for Eastern Georges Bank cod increased 76% from 2017. Eastern Georges Bank haddock decreased 47.1%. Georges Bank yellowtail flounder went up 2.9%.

Revised Common Pool Vessel Trimester TAC Apportionments

The Council also voted to revise the common pool trimester TAC apportionments based on a request from industry. However, the Council limited these revisions to stocks that have experienced early closures in Trimester 1 or Trimester 2 since the implementation of Amendment 16. The qualifying stocks are: Georges Bank cod, Gulf of Maine cod, Southern New England/Mid-Atlantic yellowtail flounder, Cape Cod/Gulf of Maine yellowtail flounder, American plaice, and witch flounder. These stocks are shaded in grey in the table below showing the revised 2018 common pool trimester apportionments and TACs. In order to facilitate management of the common pool fishery, the Council voted to broaden the authority of the GARFO regional administrator to modify common pool trimester TACs and accountability measures. This way, the regional administrator will have more flexibility to make necessary changes without requiring further Council action.

Southern Windowpane Flounder Accountability Measures for Large-Mesh Non-Groundfish Trawl Fisheries

Also in Framework 57, the Council agreed to modify the southern windowpane flounder accountability measures for large-mesh non-groundfish trawl fisheries, which include scup, summer flounder, and other trawl fisheries. Staff from the Mid-Atlantic Fishery Management Council collaborated extensively with the New England Council staff to develop the measures and conduct the necessary analyses for this action.

The changes are two-fold. First, the Council extended the flexibility provisions already in place for the commercial groundfish fishery to the large mesh non-groundfish trawl fisheries. These provisions reduce the size and duration of the AMs under certain conditions depending on the status of the stock and fishery performance.

Second, the Council approved changes to the Gear Restricted Areas (GRAs) that apply to large-mesh nongroundfish trawl fisheries. The GRAs are shown in the map below.

If either a “small” or “large” accountability measure is triggered – the size depends on the magnitude of the quota overage – the following measures would apply: • The Small AM Area east of Montauk, NY (in red on map) would be implemented seasonally from September 1 through April 30 instead of year round; • The revised Large AM Area 1 east of Montauk (hatched area on map) would be implemented year round; and • The Large AM Area 2 off western Long Island would remain unchanged.

Atlantic Halibut Management Measures

The Council approved changes to the Atlantic halibut accountability measures for vessels possessing federal groundfish permits. If the AMs are triggered, the following would pertain to the halibut GRAs.

For the fixed gear AMs, the Council: (1) exempted longline gear; (2) removed Fixed Gear AM Area 1 on Stellwagen Bank; (3) retained the Fixed Gear AM Area 2 on Platts Bank for gillnet gear and added a provision to allow gillnet fishing from November through February in that area (see map).
For the Trawl Gear AM Area (see map), selective trawl gear approved by the regional administrator would be required within the entire Trawl Gear AM Area. The Council agreed to allow standard trawl gear in the portion of the area between 41⚬ 40’ N and 42⚬ seasonally from April 1 through July 31.

All other provisions of the gear restricted areas remain in place. The Council made the above modifications to continue protecting halibut while preserving fishing opportunities for vessels targeting other species.

Also related to halibut, the Council approved an accountability measure stipulating that if the halibut subACL is exceeded, a zero possession limit would apply to all federal permit holders, with an exemption for the following permits: party/charter; highly migratory species (HMS) angling; and HMS charter/headboat.

View the full release from the NEFMC here.

Fishermen voice concerns over fallout from Rafael’s crimes

December 7, 2017 — NEWPORT, R.I. — More than century’s worth of fishing industry experience traveled from New Bedford to the Viking Hotel on Wednesday to describe the impact of NOAA’s groundfish ban on Carlos Rafael’s vessels.

Richie Canastra, an owner of the New Bedford fish auction BASE, sat in front of the New England Fishery Management Council during a public comment portion of its meeting and warned of “many layoffs” that will occur because of the ban.

Adrian Guillette, a crew member on one of Rafael’s vessels, told the council he’s uncertain how he’ll provide a Christmas with the ban in place.

Captain Brian Jannelle referred to the ban as an abuse of power. Another captain, Cesar Verde, asked the council to strongly reconsider the ban.

NOAA implemented the ban on groundfishing within Sector IX, one of 19 fishing divisions in the Northeast which is made up of Rafael’s vessels, on Nov. 20. The decision came from Regional Administrator John Bullard, who believed the division still hadn’t addressed issues resulting from Rafael’s illegal behavior.

Canastra estimated about 80 fishermen have been affected by the ban. Twenty-two vessels have been pulled off the water. Jannelle, Verde and Guillette have yet to return to the seas.

“I feel let down,” Jannelle said. “I feel let down because they’re supposed to manage our fishery and protect the fishermen. They’re not protecting the fishermen. They’re hurting the fishermen.”

The council voted in September that the Greater Atlantic Regional Fisheries Office should “immediately enforce sector regulations” and supported NOAA’s actions to enforce regulations.

Read the full story at the New Bedford Standard Times

Bullard, fish sector to talk punishment

December 6, 2017 — The New Bedford fishing sector, banned by NOAA from groundfishing for the remainder of this season and possibly beyond because of noncompliance with its own management plan, has issued its rebuttal. And an invitation.

Northeast Fishery Sector IX, accused by NOAA of negligence for allowing Carlos Rafael’s massive illegal misreporting of the scope and nature of his groundfish landings, sent a letter to NOAA Regional Administrator John K. Bullard refuting much of NOAA’s reasoning for the groundfish ban and inviting Bullard to New Bedford to see the changes for himself.

“Sector IX strongly believes that your initial determination was based upon incomplete information and respectfully asks that you reconsider your positions,” Virginia Martins, Sector IX president, wrote Bullard. “This board is willing to reshape the sector for the good of the community and the industry.”

Martins stressed the sector has made “substantial changes in the past six months” by appointing new board members and establishing an enforcement committee.

Read the full story at the Gloucester Times

Sector IX responds to NOAA’s groundfish ban

December 5, 2017 — NEW BEDFORD, Mass. — Sector IX sent a 15-page response to John Bullard and NOAA on Saturday after the governing agency banned the sector from groundfishing two week ago.

The documents sent to NOAA’s Northeast Regional Administrator by Sector IX President Virginia Martins included a six-page letter that outlined grievances with the decision as well as biographies of the new board members and the agenda of an Oct. 26 meeting between the sector and the Greater Atlantic Regional Fisheries Office.

The materials were sent after NOAA banned Sector IX from groundfishing on Nov. 20. The decision came down after Bullard concluded the sector hadn’t addressed lingering issues associated with Carlos Rafael’s illegal activity. Rafael’s boats make up Sector IX. Vessels with non-groundfish permits can still fish. Sector IX is one of 19 fishing divisions in the Northeast that organize fishing operations including overseeing reporting regulations.

Read the full story at the New Bedford Standard Times

New rules on New England’s ocean habitats expected early January

December 5, 2017 — The federal government is expected to issue new rules on how it manages the ocean habitats off of New England in early January.

The habitats are critical for commercial fishing and marine animals like whales and dolphins. The new rules are likely to have a big impact on the way fishermen harvest important species like clams, scallops, haddock and flounder. They would affect many fishermen along the Connecticut shoreline.

Read the full story at WTNH

Massachusetts: New leaders of Rafael’s shuttered fishing sector seek meeting with NOAA exec

December 4, 2017 — The new leaders of Carlos Rafael’s former fishing sector say they never got a chance to introduce themselves personally to John Bullard, the administrator of the National Oceanic and Atmospheric Administration’s (NOAA’s) Greater Atlantic Region, before he made the decision in November to end their groundfishing season five months early.

They’re hoping he’ll see them now, asking for a face-to-face meeting as soon as possible in a letter sent Monday.

“Sector IX is disappointed in [the decision by Bullard, on Nov. 20, to withdraw its management plan] since it forces a complete shutdown of the sector for an undetermined period of time leading to severe collateral consequences – disrupting the lives of crew members and numerous shore based support businesses,” writes Andrew Saunders, the attorney recently hired by the board. “Sector IX strongly believes that your initial determination was based upon incomplete information and respectfully asks that you reconsider your position.”

Read the full story at Undercurrent News

US fishing rules coming to impact New England scallops, cod harvests

November 29, 2017 — The US’s National Marine Fisheries Services (NMFS) has released a proposal that could mean dramatic changes for the way fishing is managed off the coasts of the New England states, the Associated Press reports.

The proposed “Omnibus Essential Fish Habitat Amendment” from NMFS, a division of the National Oceanic and Atmospheric Administration, would address the way such species as scallops and haddock are harvested in the Gulf of Maine, Georges Bank and other areas, and how rare whales are protected.

Read the full story at Undercurrent News

NOAA site aims to help fishing communities bounce back

November 24, 2017 — NOAA Fisheries has introduced a new website designed to help fishing communities be more resilient in the face of climate change, fluctuating fish stocks and even declines in waterfront infrastructure and economy.

The new website endeavor, introduced this week after almost three years of planning, is called Community Resilience in the Greater Atlantic Region.

“It really came out of the strategic plan we developed here in the regional office, which was the first one anywhere,” said Peter Burns of NOAA Fisheries in Gloucester. “One of the goals of that plan centered on building community resilience to help strengthen fishing communities.”

Working with NOAA’s Northeast Fisheries Science Center in Woods Hole, the community resilience working group — which included NOAA staffers from the West Coast, as well — began exploring ways to assist fishing communities in coping with regulatory, environmental and economic changes that challenge the very sustainability of fishing communities.

According to NOAA Fisheries’ own description of the endeavor, the resiliency strategy would provide information on “solutions to improve groundfish business practices and economic vitality,” as well as incorporating climate change, ocean acidification and ecosystem analysis into NOAA Fisheries’ activities.

Read the full story at the Gloucester Times

Massachusetts: Despite Gloucester dialogue, Sector IX fishermen on ice

November 24, 2017 — In late October, about a month after the New England Fisheries Management Council insisted by vote that NOAA Fisheries hold Northeast Fishing Sector IX accountable for allowing the illegal actions of its most dominant member, Carlos Rafael, the Northeast Seafood Coalition brokered a meeting at the NOAA Fisheries office at Blackburn Industrial Park.

The Gloucester-based fishing advocate sought to bring together officials of the sector’s reconstituted board of directors with federal fishery regulators. It’s mission was to begin sifting through the rubble of the Rafael-induced damage to the fishery and begin focusing on future reforms to bring the sector into compliance with its operation plan to preclude widespread abuse from occurring again.

“We facilitated the meeting to open up a dialogue,” said Jackie Odell, executive director of the coalition. “That’s our role. We understood the severity of the charges and we certainly don’t condone Carlos’s actions. We just wanted to try communicating in a calm, reasonable manner.”

Read the full story at the Gloucester Times

Uncertainty surrounds NOAA banning Carlos Rafael’s vessels from groundfish

November 22, 2017 — NEW BEDFORD, Mass. — The effects of NOAA’s decision to ban Carlos Rafael’s fleet from groundfishing on Monday remains unclear.

Mayor Jon Mitchell, who criticized NOAA’s approach to the case, said it’s “really hard to say” how big an effect the suspension of about 20 vessels from groundfishing will have on upwards of 70 fishermen.

“I think it’s fair to say there will be certain folks on the waterfront that will lose the opportunity to make a full livelihood this winter,” Mitchell said.

There’s a number of reasons that contribute to the uncertainty with NOAA withdrawing the operational plan for groundfishing of Sector IX, one of 19 fishing divisions in the Northeast primarily made up of permits held by Rafael.

It’s unknown how long the the vessels will be prevented from landing groundfish. There are few precedents to follow in a measure NOAA said it hasn’t been done before.

Monday’s order extends through the 2017 fishing year. However, Sector IX could submit a new plan at any time. If NOAA approves it, business would return as usual.

Read the full story at the New Bedford Standard-Times