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NOAA seeks lifetime ban for jailed New Bedford fishing mogul

January 11, 2018 — The National Oceanic and Atmospheric Administration is seeking a lifetime ban from the fishing industry for jailed New Bedford fishing mogul Carlos Rafael, a revocation of the permit for his wholesale fish dealership, and a revocation of 38 fishing permits from 28 of his vessels. NOAA is also seeking new penalties in two additional cases unrelated to the one that put him in prison, according to a spokeswoman for the agency.

Rafael is serving a 46-month sentence after pleading guilty last year to falsifying fish quotas, false labeling of fish species, conspiracy, smuggling large amounts of cash out of the country and tax evasion. In September, a federal judge ordered U.S. Marshals to seize four of his fishing vessels and their fishing permits as part of a plea deal in the criminal case against Rafael, once the owner of one of the nation’s largest fishing fleets.

Rafael owned at least 44 vessels, including 10 vessels with scallop permits and 43 that also had lobster permits, the two most valuable fisheries in the Northeast. Many of those vessels continued to fish, even after he was jailed. But in November, NOAA regional director John Bullard ordered groundfish Sector IX, a fishing cooperative dominated by Rafael to stop fishing, saying the sector had failed to account for his illegal fish and hadn’t enforced its own rules. There are 60 groundfish permits in Sector IX, 22 of which were actively fishing.

Read the full story at the Cape Cod Times

 

John Bullard: Incomplete investigation by Rafael sector is ‘show stopper’

January 9, 2018 — John Bullard, the outgoing northeast region administrator for the National Oceanic and Atmospheric Administration, has provided a clue as to what he believes is needed to re-open groundfish harvesting in Sector IX, Carlos Rafael’s former fishing group.

“As far as we know, the sector’s enforcement committee has not yet completed an investigation of the sector’s operations issues or determined the full extent of the sector’s non-compliance,” he says in a column published in South Coast Today, a newspaper serving New Bedford, Massachusetts, the port city Sector IX calls home.

“That’s a show stopper.”

Bullard has heard plenty of criticism from the newly constituted board of Sector IX, the mayor of New Bedford, Massachusetts, out-of-work crew members and many others since he announced his decision in November to shut down all groundfish harvesting for the group nearly five months before the season was due to end on April 30.

Read the full story at Undercurrent News

 

2018 will be good year for clam chowder, Bumble Bee, thanks to NOAA moves

January 9, 2018 — The makers and fans of New England clam chowder, including Bumble Bee Seafood, can feel confident that the kind of mollusk most often used to make the soup — ocean quahogs — will be in ample supply in 2018 thanks to two moves made recently by the National Oceanic and Atmospheric Administration (NOAA).

Ocean conservationists, however, are not breaking out their party hats and noisemakers.

When John Bullard, NOAA’s northeast regional administrator, informed the New England Fishery Management Council last week that the agency will authorize the majority of NEFMC’s Omnibus Essential Fish Habitat Amendment 2 (OA2), many focused on the positive ramifications for scallop harvesters.

But NOAA’s approval of the council’s new plan for balancing the conservation of different sea life with the concerns of local fishermen also came with good news for harvesters of ocean quahogs and surf clams. Bullard informed NEFMC that his agency also agrees with its suggestion to provide a one-year exemption for clam harvesters to prohibitions against the controversial use of hydraulic dredging gear in the Great South Channel habitat management area (HMA), a deep-water passage that cuts between Nantucket and Georges Bank.

Read the full story at Undercurrent News

 

John Bullard: Sector IX board’s failure to act stopped its fishing

January 8, 2018 — For New Englanders, Atlantic cod is not just another fish. The Sacred Cod that hangs in the Massachusetts State House is testament to the cod’s place in our culture and history.

For centuries, we fished for cod, and, as we watched the stock decline, we tried various ways to protect the resource that is considered as much a birthright as a commodity.

In 2009, the New England Fishery Management Council under the Magnuson-Stevens Act, agreed to try a system called “catch-shares,” which worked well on the West Coast.

The idea was simple: figure out how much fish from a particular stock can be sustainably caught— the “total allowable catch”—and divide that among fishermen.

By allocating quota, fishermen would have more control over when and how they fish, and — fishermen could fish when the weather and markets were most favorable. Catch shares eliminated the “race to fish” once a season opens.

A catch-share system allocating shares to groups of self-selected fishermen called ‘sectors’ went into place in the New England groundfish fishery in 2010. Within these sectors, fishermen organized themselves, determined how to fish their quota, and established other rules by which they would operate.

All sectors then submitted an operations plan to NOAA Fisheries and, under that plan, were responsible for policing themselves. The primary responsibility of a sector is to keep within its quota and account for its catch.

While most sectors have done a great job meeting this responsibility, Sector IX failed miserably over many years.

The former sector president, Carlos Rafael, is now behind bars for years of falsifying catch information, such as calling catch of low-quota, high-value cod, high-quota, lower-value haddock. He also admitted to tax evasion and bulk money laundering, all from his fishing operation.

Read the full opinion piece at the New Bedford Standard Times

 

Fishing officials ease restrictions in waters off New England

January 8, 2018 — After 15 years of research and deliberation, federal fishing officials this week approved a landmark set of regulations that will open a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species.

The opening of one area east of Nantucket, closed since the 1990s, could be extremely lucrative, allowing fishermen to catch as much as $160 million worth of additional scallops in the coming fishing season, regulators estimate.

“The scallop industry is thrilled to be able to access significant scallop beds,” said Drew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington D.C., which represents the scallop industry. “Allowing rotational scallop fishing on these areas will increase the scallop fishery revenue in the short term and in the long run.”

Yet many in the industry had hoped that the National Oceanic and Atmospheric Administration would go further.

Minkiewicz and others objected to the decision to maintain the ban on fishing on the northern edge of Georges Bank, where there are significant amounts of scallops but also vulnerable species such as juvenile cod.

Minkiewicz said the industry would continue to press NOAA to reconsider opening those fishing grounds.

“The scallop industry respectfully disagrees with [NOAA’s] conclusion that allowing limited scallop fishing [there] . . . was not consistent with the law,” he said.

NOAA officials said that opening such areas could be harmful to some fish.

Read the full story at the Boston Globe

 

NOAA to open New England scallop areas, invite record harvest

January 5, 2018 — New England sea scallop fishers can start planning now for what promises to be their best season in 14 years, thanks to a decision coming soon from the US National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service (NMFS).

John Bullard, the outgoing administrator of NOAA’s greater Atlantic region, informed the New England Fishery Management Council (NEFMC), in a five-page letter sent late Wednesday, that the agency will follow most of its recommendations with regard to the “essential fish habitat” amendment – a long-discussed plan to reset fishing management and conservation practices in the area.

That includes opening up to scallop harvesters an expanded portion of Closed Area I and the western part of the Nantucket Lightship area, two sections of the Atlantic Ocean that have been closed for a decade and are now expected to be loaded with large scallops.

“NMFS determined that the removal of the Closed Area I designations and proposed new designations do not compromise the ability of the council’s fishery management plans to comply with the [essential fish habitat] requirements of the Magnuson-Stevens Act,” Bullard wrote in his letter, which was addressed to John Quinn, NEFMC’s chairman.

Based on surveys reported in September, Closed Area 1, including the previous off-limit “sliver” area and northern portion, contains 19.8 million pounds (9,016 metric tons) of exploitable scallop meat, referring to scallops found with shells that were at least 4 inches wide. Even better, as much as 45.6m lbs (20,670t) of exploitable scallop meat is projected to exist in the west Nantucket Lightship area.

Read the full story at Undercurrent News

 

NOAA Partially Approves Omnibus Habitat Amendment 2

January 4, 2018 — NOAA Northeast Regional Administrator John Bullard, in a letter to New England Fishery Management Council (NEMFC) Chairman Dr. John Quinn, has stated that NOAA has partially approved Omnibus Habitat Amendment 2. This follows over 15 years of work on OHA2 by the NEFMC and regional stakeholders. The details of the decision, as well as the text of the letter, are included below.

Dear Dr. Quinn,

I am writing to inform you that we have approved the majority of the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2.

We approved, as recommended, the essential fish habitat (EFH) designations, the habitat areas of particular concern (HAPC) designations, the dedicated habitat research areas (DHRA), the groundfish spawning recommendations, the framework and monitoring measures, and most of the habitat management area (HMA) recommendations. We have determined that the approved measures comply with the Magnuson-Stevens Fishery Conservation and Management Act requirements to identify and describe EFH and to minimize to the extent practicable the adverse effects of fishing on such habitat.

We have disapproved two of the HMA recommendations — the recommendations for eastern Georges Bank and Cox Ledge.

Approved Measures

We approved the following Council recommendations, as proposed:

  • All of the Council’s essential fish habitat designation updates.
  • All HAPC designations–
    • Two status quo HAPCs (Atlantic Salmon and Northern Edge Juvenile Cod); o Four additional HAPCs (Inshore Juvenile Cod, Great South Channel Juvenile Cod, Cashes Ledge, and Jeffreys Ledge/Stellwagen Bank);
    • Eleven canyons or canyon assemblages (Heezan Canyon; Lydonia, Gilbert, and Oceanographer Canyons; Hydrographer Canyon; Veatch Canyon; Alvin and Atlantis Canyons; Hudson Canyon; Toms, Middle Tom, and Hendrickson Canyon; Wilmington Canyon; Baltimore Canyon; Washington Canyon; and Norfolk Canyon); and
    • Two seamounts (Bear and Retriever).
  • Most proposed Habitat Management Area measures–
    • Establish the (Small) Eastern Maine HMA, closed to mobile bottom-tending gear;
    • Maintain Cashes Ledge (Groundfish) Closure Area, with current restrictions and exemptions;
    • Modify the Cashes Ledge Habitat Closure Area, closed to mobile bottom-tending gear;
    • Modify the Jeffreys Ledge Habitat Closure Area, closed to mobile bottom-tending gear;
    • Establish the Fippennies Ledge HMA, closed to mobile bottom-tending gear; o Maintain the Western Gulf of Maine Habitat Closure Area, closed to mobile bottom-tending gear;
    • Modify the Western Gulf of Maine Groundfish Closure Area to align with the Western Gulf of Maine Habitat Closure Area, with current restrictions and exemptions;
    • Exempt shrimp trawling from the designated portion of the northwest corner of the Western Gulf of Maine Closure Areas;
    • Add the Gulf of Maine Roller Gear restriction as a habitat protection measure; o Remove the Closed Area I Habitat and Groundfish Closure Area designations; o Remove the Nantucket Lightship Habitat and Groundfish Closure Area designations; and
    • Establish the Great South Channel HMA, closed to mobile bottom-tending gear throughout and clam dredge gear in the defined northeast section. Clam dredge gear would be permitted throughout the rest of the HMA for 1 year while the Council considers restrictions that are more refined.
  • Both proposed DHRA designations, with a 3-year sunset provision–
    • Stellwagen Bank (within the Western Gulf of Maine Closure Area); and
    • Georges Bank (i.e., the current Closed Area I South Habitat Closure Area).
  • All proposed groundfish spawning measures–
    • Gulf of Maine: Establish the Winter Massachusetts Bay Spawning Closure from November I-January 31 of each year; and close block 125 from April 15-April 30 of each year;
    • Georges Bank: Establish Closed Area I North and Closed Area II Groundfish Closure Area as spawning closures from February 1-April 15 of each year, closed to commercial and recreational gears capable of catching groundfish except scallop dredges; and remove the May Georges Bank Spawning Closure.
  • Both proposed framework adjustment and monitoring measures–
    • 10-year review requirement; and
    • Modifications to habitat management areas are frameworkable.

Disapproved Measures

Cox Ledge
On Cox Ledge, the Council recommended establishing an HMA that would have prohibited the use of ground cables on trawl vessels and prohibited hydraulic clam dredging in the area. Based on the analysis submitted, NOAA’s National Marine Fisheries Service determined there was insufficient information to implement the ground cable measure at this time. While there have been studies in other regions supporting the prohibition of ground cables as a method to minimize area swept, there was not enough information to determine how successful this approach would be in this region. Because it is unclear how inefficient this measure would make the gear, it is also unclear if this measure would reduce habitat impacts or actually increase them.

Further, there is insufficient information to determine the potential costs to the industry from the potential increased fishing time. As a result, the recommendation to establish the Cox Ledge HMA with these measures is disapproved because there is little rationale and evidence to demonstrate how it complies with the requirements ofthe Magnuson-Stevens Act to minimize the adverse effects of fishing if the measure would actually increase fishing time due to a reduction in fishing efficiency.

Eastern Georges Bank
On eastern Georges Bank, the Council recommended removing Closed Areas I and II and implementing the Georges Shoal and Northern Edge Mobile Bottom-Tending Gear Habitat Management Areas, both closed to mobile bottom-tending gears, and Northern Edge Reduced Impact Habitat Management Area, closed to mobile bottom-tending gears, except scallop dredges in a rotational management program and trawls west of 67° 20′ W longitude. We have partially approved this recommendation. We approved the removal ofthe Closed Area I Groundfish and Habitat Closures, but disapproved the recommendation to remove Closed Area II.

This action approves the Council’s recommendation to remove the Closed Area I EFH and Groundfish Closure Area designations and replace them with a DHRA and seasonal spawning closure. NMFS determined that the removal of the Closed Area I designations and proposed new designations do not compromise the ability ofthe Council’s fishery management plans to comply with the EFH requirements of the Magnuson-Stevens Act.

We determined that there was insufficient information to support the Closed Area II recommendation. The Council’s recommended HMAs on Georges Bank do not sufficiently address the impact of limited access scallop dredging on the highly vulnerable habitat within the Closed Area II Habitat Closure Area. Overall, the Council’s recommended changes to Closed Area II and eastern Georges Bank would prevent achieving the Amendment’s goals and objectives, notably to improve juvenile groundfish habitat protection, and the requirements of the Magnuson-Stevens Act to minimize the adverse effects of fishing to the extent practicable. Furthermore, the Closed Area II Habitat Closure Area has the same footprint as the Northern Edge Juvenile Cod HAPC. The area has been closed to mobile bottom-tending gear since 1995 and was designated as an HAPC in 1998. The rationale for the designation ofthe HAPC was that this is important habitat for juvenile cod that is particularly vulnerable to the impacts of fishing. The Council reaffirmed the HAPC designation in this Amendment, but the Council’s recommendation does not avoid, mitigate, or compensate for the adverse effects of the proposed action on this HAPC.

The Amendment’s focus of minimizing the total area closed to fishing, while maximizing the amount of vulnerable habitat protected, sought in part to provide more habitat for juvenile groundfish and enhance the productivity of groundfish resources. The proposed habitat management measures on eastern Georges Bank do not support these goals and objectives, however. Removing protections from, and allowing scallop dredging in, the most vulnerable portion of Closed Area II without adopting comparable protections that reasonably balance the long- and short-terms costs and benefits to EFH, associated fisheries, and the nation does not minimize the adverse effects of fishing in this area to the extent practicable. It also prevents the Council from achieving this action’s goals and objectives to improve protections of ground fish, and juvenile cod specifically. The potential benefits to habitat from the proposed closed areas do · not outweigh the potential adverse effects on highly valuable EFH and vulnerable ground fish stocks that would result from the proposed opening of the current Closed Area II Habitat Closure Area to limited access scallop dredging. The no action alternative that remains on Georges Bank, and the HMAs in other sub-regions as approved, provide a reasonable balance of EFH protection and long- and short-term costs and benefits as well as meet the Amendment’s goals and objectives to improve groundfish protection.

Further supporting the determination that the proposed areas and measures do not sufficiently offset the quality and importance of the habitat on eastern Georges Bank against the adverse impacts of fishing in this area is the lack of consideration of allowing fishing in the Northern Edge Juvenile Cod HAPC in the Closed Area II Habitat Closure Area. As noted above, the Council initially made this HAPC designation in 1998 and reaffirmed the importance of the area in this Amendment. One of the four considerations for HAPC designation is sensitivity to anthropogenic stress. The Council concluded that there are “no known anthropogenic threats to this area beyond those associated with fishing activity.” While there are no fishery restrictions automatically associated with HAPC designations themselves, the designation should result in the Council taking a more precautionary approach to management of those areas, particularly when the only noted human-induced stressor is fishing. The 2002 final rule for the EFH regulations notes, “designation of HAPCs is a valuable way to highlight priority areas within EFH for conservation and management … Proposed fishing activities that might threaten HAPCs may likewise receive a higher level of scrutiny.” This guidance suggests that councils should prioritize the protection of HAPCs where fishing is a primary or significant threat to the habitat.

The designation of an area as an HAPC does not inherently require a fishing closure in the area. However, the Council provided insufficient information to understand which aspects of the area are critical to juvenile cod survival, how those aspects of the habitat are affected by scallop dredges, the recovery time for such impacts, and the anticipated rotation periods for scallop fishing. Without more consideration and analyses of these critical components, it is not possible to determine under what conditions rotational scallop fishing should be permitted in the Northern Edge HAPC and the full nature and extent of how such access would affect juvenile cod. The Council’s recommendations in this Amendment would open the most vulnerable portions of the HAPC and do not adequately mitigate or compensate for those impacts by restricting them or closing any other comparable habitat. The Council’s recommendation to allow even rotational fishing in this sensitive habitat appears to be inconsistent with its own rationale for the designation that the habitat in this area warrants particular concern and consideration.

For these reasons, we have disapproved this recommendation. Ifthis issue were revisited in the future, a more thorough discussion ofthese critical issues would be required. We will continue to provide support for reconsidering reasonably balanced approaches to providing limited fishing opportunities in this area, while protecting this valuable habitat and better minimizing the adverse impacts offishing.
Thank you for the Council’s work on this action. It was a massive undertaking and your staff, especially Michelle Bachman, should be proud of their groundbreaking work that went into supporting this Amendment. As always, our staff are available to answer any questions you may have on this decision.

View the letter in its entirety here.

For more information on some of the proposed changes in OHA2, as well as the perspective of the fishing industry on these changes, view this video.

 

Phil Paleologos: Bullard’s Wrongheaded Assessment

December 29, 2017 — John Bullard is a likable guy. I know him to be an attentive listener and someone who must be applauded for his revitalization efforts through local historic preservation. But over the past five years, as one of five regional fisheries administrators of NOAA, John Bullard has made some wayward decisions, from imposing a moratorium on fishing cod to responding to the Carlos Rafael scam.

With little signaling, he sent shock waves through the fishing community when he announced he was prohibiting 60 permit holders connected with Rafael from going out to sea until next May and perhaps beyond that! Bullard was not willing to listen to all the parties who are losing millions and millions of dollars in our local economy. He told the Boston Globe, “That’s something the sector should have thought about when they were failing to do their job.” So much for his so-called inspirational essay in the Boston Globe appealing to our better angels.

John Bullard is more concerned with the debt that must be paid by our local sector for the unknown number of species overfished rather than the job-killing measures he approved!

Read the full opinion piece at WBSM

BULLARD: Blame Rafael, not NOAA, for Sector IX Shutdown

December 28, 2017 — When the National Oceanic and Atmospheric Administration closed down Sector IX to groundfishing back on November 20, many felt the organization was punishing New Bedford fishermen for the actions of “The Codfather” Carlos Rafael. It was Rafael’s vessels that went over catch limits as part of his overfishing scheme that sent him to federal prison.

NOAA regional administrator John Bullard told WBSM News that shutting down the sector isn’t about any kind of sanctions or punitive actions for Rafael’s scheme, but rather for cleaning up the mess he left behind.

“The basic responsibility of a sector is to report the catch, and to keep vessels within the limits for that sector for all the species of groundfish,” Bullard said. “To this date, we don’t know how many fish the vessels in Sector IX have caught. We don’t know how much they have exceeded the limits on some of their catch, and we think some of those overages are significant.”

Bullard said that since 2012, when NOAA went to the quota-based system, it has been each sector’s responsibility to keep track of its own catch.

“They can lease back and forth within a sector, they can lease fish from one sector to another,” he said. “That’s all designed to maximize efficiency and keep government kind of out of it, and allow the efficiency of the private sector to work. Mr. Rafael misused that system, and until we understand how much they went over and what species, we’re not about to let the boats go fishing again.”

Bullard said NOAA initially reviewed the sector’s operation plan back in May along with those of all the other sectors, as the fishing year begins on May 1.

“I decided at that time, that even though there were problems with Sector IX last May, we would allow them to continue operating because the trial had not taken place. We felt we should let them operate until the trial concluded,” he said. “We faced a lot of criticism for that decision.”

But once the trial was completed and Rafael was sentenced to about four years in prison, the decision was made to halt operations in Sector IX until the extent of the overfishing could be determined. As part of the shut down, the Sector IX vessels cannot join other sectors, or the common pool.

Read the full story at WBSM

Fishing is a deadly business, but many fishermen won’t wear life preservers

December 27, 2017 — One rogue wave or false step, an ankle caught in a line, is all it takes to cast a fisherman overboard. But those risks have never been enough to convince Rick Beal that it’s worth wearing a life preserver.

Even though he has never learned how to swim.

Commercial fishing ranks among the most dangerous professions, but fishermen — fiercely independent and resistant to regulations — have long shunned life preservers, often dismissing the flotation devices as inconvenient and constraining.

Between 2000 and 2013, 665 US fishermen died at sea, nearly one-third of them after falling overboard. Not one of the latter group was wearing a life preserver, according to the National Institute for Occupational Safety and Health. Unlike many mariners, commercial fishermen aren’t required to wear them, although the government requires their boats to carry life preservers.

When a clam boat sank off Nantucket earlier this month, two fishermen who were apparently not wearing flotation devices died, while a pair of crew members who managed to put on life-saving gear survived.

The fatal capsizing of the Misty Blue has renewed calls for requiring fishermen to wear life preservers, just as bikers must wear helmets and drivers use seat belts. Those safety measures also faced considerable resistance before gaining acceptance.

Read the full story at the Boston Globe

 

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