Saving Seafood

MASSACHUSETTS: Did catch shares enable the Codfather’s fishing fraud?

May 1, 2017 — Carlos Rafael’s guilty plea late last month of falsifying fish quotas, conspiracy and tax evasion has prompted renewed criticism of one of the most contentious parts of the New England groundfish fishery’s management system: catch shares.

Rafael, who dubbed himself “The Codfather,” owned one of the largest commercial fishing fleets in the United States, and for some community fishermen in New England, his case represents consolidation run amok. Consolidating fishing permits, they say, also centralizes power, making fraud more likely.

But for environmentalists who support catch shares as a way to reduce overfishing, consolidation isn’t inevitable. They say Rafael’s case highlights the need for better monitoring and fraud protections to prevent the sort of cheating that can plague any fishery management system.

Catch share schemes, in which fishermen are allocated rights to catch a certain amount of fish, operate on the principle that privatizing a resource and giving people a greater stake in its health will lead them to conserve it.

But in New England, catch shares led to fewer fishermen controlling more of the resource, according to Niaz Dorry, the coordinating director of the Northwest Atlantic Marine Alliance, a community fishing group. Catch shares boot out smaller fishermen and block new fishermen from the fishery as a wealthy minority amass quota and drive up the price.

“What they really do is create a system that allows a few entities — who are not necessarily people who actually fish — to control almost the entire system,” Dorry told SeafoodSource.

Read the full story at Seafood Source

Pacific Fishery Management Council Recommends Electronic Monitoring Program for Some West Coast Fisheries

April 28, 2017 — The following was released by the Pacific Fishery Management Council:

The Pacific Fishery Management Council has recommended regulations governing the use of electronic equipment to monitor at-sea discards of target, non-target and prohibited fish for certain West Coast groundfish fisheries. If approved by National Marine Fisheries Service (NMFS), this will mark the culmination of a four-year process to develop and implement regulations for electronic monitoring system use in West Coast groundfish fisheries.

Council Member Dorothy Lowman said, “For many fishing operations, electronic monitoring will provide a more cost-effective way to meet 100% monitoring requirements. This will allow fishermen the flexibility to choose the monitoring method that makes the most sense for them while maintaining full accountability.”

Under the Council’s catch share program, every vessel must carry a human observer to help monitor catch that is allocated to each vessel owner, including discards that happen at sea. Each owner has a share of the total catch allocation and the program requires that each vessel have “quota pounds” to cover its catch of nearly all groundfish species. The catch share program relies on at-sea monitoring to ensure that discards are accurately identified with an estimated weight so that vessel quotas are properly tracked. However, fishermen must pay as much as $500 per day for an observer, and must schedule deployment of an observer when a vessel is ready to fish. The electronic monitoring program is expected to increase flexibility while reducing operating costs for fishermen.

An electronic monitoring system collects video images of fishing activity with cameras, uses gear sensors to trigger recording and monitor use, and includes a Global Positioning System to collect location data. It then stores this information on a computer hard drive for review at a later date at a mainland facility, where a person reviews the video to monitor the fishing activity. Under the West Coast electronic monitoring program, the video images will be used to verify the species and amount of discarded fish that is recorded in a fisherman’s logbook. Observers may still be deployed on vessels to collect scientific data such as fish length measurements, interactions with protected species (marine mammals and seabirds), and other data to support fisheries management.

The use of electronic monitoring systems would be voluntary, and could apply to the midwater trawl fishery for whiting (sometimes called hake), the midwater trawl fishery for rockfish, the bottom trawl fishery, and the fixed gear fishery (which uses longlines with hooks and lines or pots).

The Council’s decisions were informed by several years of collaborative work with the fishing industry, managers, and others to test electronic monitoring systems using “exempted fishing permits.” An exempted fishing permit allows exemptions from some regulations in order to study the effectiveness, bycatch rate, or other aspects of experimental fishing methods.

“I want to thank the industry and other stakeholders, NMFS West Coast Region, Northwest Fisheries Science Center, and Pacific States Marine Fisheries Commission for their help in developing and testing this program, and especially NMFS headquarters for their policy and financial support for establishing the first large scale electronic monitoring regulatory program for U.S. fisheries,” said Council Executive Director Chuck Tracy.

The Council recommends management measures to NMFS for fisheries off the coasts of California, Oregon, and Washington. It is one of eight regional fishery management councils managing fisheries in US. Federal waters (3-200 miles offshore). 

On the Web:

2016 fishing review highlights monitors —human and electronic

April 24, 2017 — NOAA’s Greater Atlantic Regional Office released its annual year in review for 2016 and nowhere does it mention the ever-churning debate over Gulf of Maine cod and the yawning divide between scientists’ data and the primary-source observations of fishermen.

For the most part, the report is a four-color chronicle of what officials at Gloucester-based GARFO — which manages the nation’s federal fisheries from the Gulf of Maine south to Cape Hatteras and west to the Great Lakes — consider the agency’s most tangible accomplishments in 2016.

Still, the review gives some insight into some of the agency’s management priorities and policy areas where it may marshal its resources in the future.

It specifically mentions the office’s work in drafting a recovery plan for endangered Atlantic salmon and a five-year action plan for the species. It highlights its work with commercial groundfishermen — many of them from Gloucester — on potential changes to the small-mesh whiting fishery.

The report also highlights the agency’s transfer of the cost of of at-sea monitoring to permit holders.

Read the full story at the Gloucester Times

Study tracks 34 years of Bering Sea fish populations

April 24, 2017 — A newly released study from the Alaska Fisheries Science Center tracks distribution shifts of groundfish in the Eastern Bering Sea from 1982 to 2015.

Researchers say the visualizations provided by this 331-page document will help them to understand the life histories of 22 groundfish and skate species over time and space and provide clues to how climate change may potentially impact those species at different life stages.

During the standardized bottom trawl surveys of the Eastern Bering Sea shelf area between 20 and 200 meters from May to August in those years, researchers collected species composition and bottom temperature for all tows, as well as measurements from all fish encountered. That data provides a unique look at the spatial and environmental preferences of many species, as well as ontogenetic shifts in spatial distribution and environmental preferences over 34 years, they said.

Steve Barbeaux, the fisheries biologist who served as lead author of the study, said climate variability has increased in the Bering Sea in recent years and AFSC will use this information to study how ecosystems respond to change.

Read the full story at The Cordova Times

NOAA limits permits fisherman can own

April 21, 2017 — NOAA has approved a new rule to limit the number of permits and the amount of groundfish allocation any individual or entity can own in the Northeast multispecies fishery.

The rule is an attempt to create more diversity in the fishery by stemming the tide of consolidation. It prohibits any single ownership entity from acquiring an “excessive share of fishing privileges” or an unfair economic advantage over the groundfish market.

The rule precludes any ownership entity from possessing more than 5 percent of the total of limited access permits in the groundfishery. As of Feb. 21, there were 1,335 active permits in the fishery, which means no individual or entity can own more than 67 permits.

“The most permits held by any entity was 50,” the rule states. “Based on this information, this permit cap is unlikely to immediately restrict any entity.”

The rule, also known as Amendment 18 to the Northeast multispecies fishery management plan, also caps potential sector contributions (PSC). However, it removes several fishing restrictions “to increase operational flexibility for fishermen on limited access handgear vessels.”

“The combination of the PSC limit and 5 percent permit cap raises the difficulty and cost of acquiring enough permits and PSC for any one entity in the groundfish fishery to exert market power over the fishery,” the rule stated.

The rule, published Thursday in the Federal Register and principally effective May 20,  has been long in the making.

The New England Fishery Management Council first started work on it in 2011. It approved the measure last August and submitted it to NOAA for public comment and final approval.

Read the full story at the Gloucester Times

NEFMC Presents 2017 Award for Excellence to Dr. Matt Cieri

April 20, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council today presented its 2017 Janice M. Plante Award for Excellence to Dr. Matt Cieri of the Maine Department of Marine Resources (DMR). Dr. Cieri received the award in recognition of the breadth of his scientific contributions and commitment to the Council process.

Council Chairman Dr. John Quinn said, “Dr. Cieri has devoted almost his entire professional career to the betterment of Atlantic herring science and management. He’s contributed extensively to the Council’s Atlantic Herring Plan Development Team and to herring stock assessments, and he’s been heavily involved with quota monitoring, which has helped us track catch trends and quota utilization in this important fishery.”

Dr. Cieri is a Marine Resource Scientist III at Maine DMR. He earned a Master of Science degree from Rutgers University and a PhD from the University of Maine. He oversees several programs and personnel within DMR, ranging from the Maine/New Hampshire Trawl Survey to Recreational Fishery Monitoring. He is well versed in a number of assessment models and methods. In additional to his considerable involvement with Atlantic herring, he also has contributed to assessment efforts related to monkfish, dogfish, groundfish, American eels, and Atlantic menhaden.

The Plante award is the Council’s highest honor, bestowed to an individual who has produced exceptional work “to further the effectiveness of the fishery management process in New England.”

Read the full release here

Pacific Council Approves Electronic Monitoring for West Coast Trawlers

April 11, 2017 — SEAFOOD NEWS — The Pacific Fishery Management Council heard updates on an exempted fishing permit (EFP) and took final action to approve electronic monitoring (EM) in the bottom trawl and non-whiting midwater trawl fisheries. The Council is meeting this week in Sacramento, Calif.

Fishermen, regulators and NGOs like Environmental Defense Fund and The Nature Conservancy have long been interested in EM’s potential as an alternative to the 100 percent human observer coverage requirement for fishing vessels targeting groundfish in the two trawl sectors. This is a follow-on to the Council’s 2016 action authorizing EM for the fixed gear and whiting sectors of the fleet, and once implemented will allow anyone in the West Coast trawl groundfish catch shares program to use EM in lieu of human observers.

Four EFPs for the various gear types have been active since 2015, testing camera systems and EM video data review protocols, and evaluating costs for fishermen. The Council’s final action builds on lessons learned in those EM trials and reflects increased confidence that EM can work in the trawl sector.

Although some questions remain about the final EM program – including a formal implementation date, optimal level of video review, specifics of estimating Pacific halibut bycatch mortality and whether the video review contract now held by Pacific States Marine Fisheries Commission will need to go out for third-party bids – the approval is a significant step forward for groundfish trawlers.

In addition to recommendations from its Groundfish Electronic Monitoring Policy Advisory Committee (GEMPAC), Groundfish Management Team (GMT) and Groundfish Advisory Panel (GAP), the Council also heard public comments from industry reps, EFP participants and NGOs involved with the EFPs. Based on those aligned recommendations, the Council’s near-unanimous motion aimed at maintaining necessary accountability at the lowest possible cost included:

  • That logbooks serve as the primary data source for documenting at-sea discards, and that video review serves to confirm the accuracy of logbook data;
  • That review rates for video begin at 100 percent but will be lowered in the future to the level sufficient to confirm the accuracy of discard data and maintain incentives for fishermen to continue employing best practices;
  • That Pacific States Marine Fisheries Commission continues as the video reviewer;
  • That methods to accurately account for discard mortality of Pacific halibut be developed.

Oregon Trawl Commission Director Brad Pettinger noted in his testimony that the significant cost-savings potential of EM – while maintaining 100 percent accountability – can add substantially to a fishing vessel’s bottom line.

“The indicators are that we can eventually get costs-per-day to the $200 – $300 range, which would be a dramatic cost savings over human observers,” Pettinger said in a statement.

Costs of human observers on vessels are estimated at around $500 or more per day.

Trawl sectors such as Pacific whiting would likely see greater cost savings than non-whiting trawl groundfish sectors.

The West Coast trawl catch shares program also utilizes catch monitors at the first receiver to track offloads. As participants have noted, human observers typically step off the vessel to become the catch monitor during offload.

The Environmental Defense Fund noted that while catch monitors are not part of the EFP, the issue should be addressed in the future.

“In geographically dispersed, lower volume ports (such as in California), the ability to train and retain [catch monitors] has been challenging. We have heard from industry as well as CM contractors that filling and funding these positions has been challenging under an EM model,” EDF noted in a public comment letter to the Council. “We encourage Council and NMFS to consider allowing cameras dockside, relaxing eligibility requirements for CMs or a combination of both to address this oncoming problem before it starts to prohibit participation in the fishery.”

A consistent theme of both Council and hallway discussions was that NMFS should look for every opportunity to streamline implementation procedures, keep costs down and put EM on the water as soon as practicable.

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

SEAN HORGAN: Bullard pushes case for electronic monitoring

April 10, 2017 — The FishOn gang was kicking around the subject of at-sea monitoring at our decennial staff meeting the other day and we came to a conclusion that absolutely no one can reasonably refute:

That singing in the rails means electronic monitoring is coming at some point to the Northeast groundfish industry and there ain’t no stopping that train.

Beyond that, nothing is certain.

How much will it cost fishermen to buy and install the system? Will the feds subsidize those purchases and associated costs? Will the systems be used on every trip and will they be active for every minute? What are the legal and privacy implications? Will the footage actually be viewed by computers and not humans? On and on it goes.

In the end, this could be a fight that makes the quota contretemps seem like high tea.

NOAA Regional Director John K. Bullard, making his first start of the year, came out last week throwing a mixture of heat and fluffy stuff in an open message to the fishery concerning EM.

He spent much of the top of the piece with off-speed stuff just off the outside corner in explaining why it is actually unfair “and a bit premature” to want to compare the costs of EM and traditional at-sea monitoring.

Read the full opinion piece at the Gloucester Times

Carlos Rafael faces $109K fine, loss of 13 vessels

April 4, 2017 — New Bedford fishing mogul Carlos Rafael may have to surrender up to 13 of his groundfishing vessels and must pay almost $109,000 in restitution to the Internal Revenue Service as part of his plea agreement with federal prosecutors.

Rafael pleaded guilty last Thursday to falsifying fish quotas, conspiracy and tax evasion in U.S. District Court in Boston and is scheduled to be sentenced there on June 27 by Judge William G. Young.

The 65-year-old Rafael could face up to 76 months in prison on the three charges — far less than the up to 20 years he would have faced under the original 27-count indictment. Federal prosecutors, however, have recommended a prison sentence of 46 months and a significant period of supervised release.

Young is not bound by the specifics of the plea agreement, nor must he follow federal prosecutors’ sentencing recommendations.

“Based on my experience, (Rafael) is probably looking at least three to four years in prison and a substantial fine,” New Bedford Mayor Jon Mitchell, a former federal prosecutor, told the Undercurrent News fishing website. “But I think the bigger question is what happens to his groundfish permits. They may be subject to forfeiture, but his forfeiture obligation can be subject in a number of ways.”

Read the full story at the Gloucester Times

Where does Rafael’s guilty plea leave Port of New Bedford?

April 3, 2017 — Carlos Rafael’s journey to Judge William Young’s Courtroom 18 in U.S. District Court began as an underage teenage fish cutter on the city’s docks.

Rafael personified the American Dream in climbing the economic ladder from immigrant with nothing to becoming the face of fishing in a port historically known for its harvest of the Atlantic Ocean.

On Thursday he wore the cloak of a criminal after he pleaded guilty to nearly 30 federal charges that included conspiracy, falsifying fishing quotas, false labeling and tax evasion.

It wasn’t necessarily a new look for the 65-year-old Rafael, who served six months in federal prison in 1988, but his focus after the plea agreement turned to the port that in many ways assembled the man who sat emotionless in the courtroom.

“I have a single goal,” Rafael said in a statement after his guilty plea. “To protect our employees and all of the people and businesses who rely on our companies from the consequences of my actions. I will do everything I can to make sure that the Port of New Bedford remains America’s leading fishing port.”

The Port of New Bedford generates $9.8 billion in total economic value, according to the city’s Harbor Development Commission. It represents 2 percent of Massachusetts’ gross domestic product. The stalwart of this industry could be facing more than six years of prison time after pleading guilty.

Rafael’s guilty plea puts his groundfish fishing vessels in jeopardy due to the possibility of forfeiting assets as part of the plea deal. According to the mayor’s office, Rafael owns about 80 percent of the groundfish permits in New Bedford. Groundfish accounts for about 10 percent of the port’s revenue. Even still, those close to the port say no one person can affect the reputation of the nation’s most successful port.

Read the full story at the New Bedford Standard-Times